1. Worker’s Compensation and FMLA Supervisor Training

2. Worker’s Compensation Why Does Workers Compensation Matter? Employee Safety It’s the Law Productivity Cost Parkside WC Facts20142015 YTD Impact # Incidents2019Safety Productivity WC Premium $$$108,108$137,832Cost

3. Worker’s Compensation Course Objectives  Understand the basics  Understand your role  Know your resources

4. Worker’s Compensation Basics Worker’s Compensation (WC)  Benefit program or compulsory insurance plan  Pays for medical treatment and a portion of lost wages  Due to work-related injuries or illnesses as defined by Wisconsin Statute Eligibility  Must be an employee of UW Parkside  Injury/illness must be work-related

5. Worker’s Compensation Basics Workers Compensation Roles  Employee who was injured  Supervisor  WC Coordinator  Safety Risk Manager  Claims Examiner

6. Worker’s Compensation Your Role Time Sensitive Tasks (TS)  Assist Employee  Notify HR & Safety/Risk Mgmt  Investigate  Complete/Submit Forms Ongoing Tasks (ONG)  Communicate with HR/EE  Coordinate return to work  Time/Absence Review/Approval

7. Workers Compensation EE’s Role TS - Report  Contact :  Your Supervisor immediately; if unavailable…  Human Resources 262/595-2204; if off-hours…  UW Parkside University Police 262/595-2455  Seek medical attention if needed  Complete Employee’s Work Injury and Illness Report and return to Supervisor within 24 hours Supervisors should notify employees of this procedure on first day of work

8. Workers Compensation Your Role TS After Incident  Medical help for employee  Assist employee with forms  Notify regarding incident:  Human Resources 262/595-2220; or  Safety & Risk Management Bob Grieshaber 262/595-2262; if off-hours, contact…  University Police 262/595-2455  Investigate (involve Bob Grieshaber)  Complete Supervisor forms  Submit all forms to Human Resources within 24 hours of incident If work-related incident results in death, contact Human Resources IMMEDIATELY! Fines will result from tardy reporting!

9. Accidents / Incidents / Reporting Presentation created by Robert Grieshaber for use at: University of Wisconsin-Parkside Kenosha, WI 53141-2000 v. 10/2015

10. Injured on the job  The supervisor must be notified of all injuries and near misses.  Seek appropriate first aid or medical treatment. Call University Police for severe incidents. Note: only student employees can use Student Health & Counseling Center.  Fill out an accident and injury report; get this form from the HR web site. Student Health and Counseling Center, for students Nearest urgent care or hospital.

11. Incident Investigation: Procedures for Supervisors Submit the Employer’s First Report of Injury within 24 hours to HR. HR will copy SRM. Conduct a thorough investigation of the incident using the Supervisor Report to determine if it could have been prevented, whether additional training or equipment is necessary, etc. The supervisor report is used as the accident investigation. Solicit assistance from SRM for severe incidents or if additional investigation or expertise is required.

12. The Incident Investigation The Accident / Incident investigation is a process of examining every factor of an incident in detail to determine the root cause(s). Root causes are contributing factors/events (acts or conditions) that may cause incidents. The investigation: Helps prevent future incidents of the same nature. Reduces employee lost time due to injuries and provides a safer work environment. The investigation is NOT used to determine blame or fault.

13. The Incident Investigation Ask:  What?  When?  Where?  Witnesses?  Why?  How? What are the causes of the incident (e.g., equipment, environment, people/behavior, etc.)? Why/how did the incident occur according to the FACTS? Was proper personal protective equipment (PPE) worn? If not, why? Does this employee need re-training? Were they ever trained? What could have been done to prevent the incident? Was the incident caused by any unsafe acts or conditions? What action is recommended to prevent recurrence? NOTE: When evaluating, keep asking why.

14.  Review Employee’s Work Injury and Illness Report  Complete Supervisor Accident Analysis & Prevention Report  Complete Repetitive Motion or Material Handling (if appropriate)  Complete Supervisor Questions Workers Compensation Your Role TS - Forms

15. Worker’s Compensation Your Role ONG  Communicate with Employee and HR  Forward claim-related paperwork to HR  Review/Approve Time/Absences  Return to Work  Review Work Release  Arrange for alternate light duty work  Maintain confidentiality

16. Worker’s Compensation Shared Role ONG Employee  Use leave balances for lost time? Contact HR with questions or if you are unable to record time  Request absence (using paid leave or leave without pay) for any lost time due to your work-related illness or injury  In Absence Request comments, type WC (for Worker’s Comp) to communicate lost time with your Supervisor and Human Resources Note: Employee must have a Doctor’s note for any lost time to be reimbursed by Worker’s Compensation Supervisor  Review and approve time and absences as per usual  Add WC to comment if missing from EE’s absence request  Contact HR if you have questions about, or are missing, any work releases or Doctor’s notes

17. WC Absence Request Example

18. Example

19. Worker’s Compensation Scenario 1 “Yeah. Those stairs are an accident waiting to happen. Joe fell on them just last month.”

20. Worker’s Compensation Scenario 2 “I fell. I’m bruised, but no real harm. I don’t want to report and increase our workers comp costs.”

21. Worker’s Compensation Scenario 3 Steve, an employee in your area was seriously injured, transported to hospital by ambulance.

22. Worker’s Compensation Scenario 4 “Cindy new employee was injured today outside the Student Center.” “We have no record that Cindy is employed at Parkside...”

23. Worker’s Compensation Scenario 5 Employee fails to communicate Employee refuses modified duty assignment Employee fails to follow safety rules

24. Worker’s Compensation Best Practices Reduce claims/costs; Increase productivity 1.Communicate your concern and that they are valued 2.Offer all injured employees transitional duty assignments 3.Conduct weekly meetings to discuss obstacles 4.Post information nearby 5.Ensure that proper and effective medical attention is obtained Reduce Fraud  Report the incident as soon as possible  Knowledgeable managers  Investigate incidents  Stay in touch  Maintain safe workplace

25.  Forms http://www.uwp.edu/explore/offices/humanresources/workerscompensation.cfm http://www.uwp.edu/explore/offices/humanresources/workerscompensation.cfm  UW System Admin WC https://www.wisconsin.edu/workers-compensation/supervisors/ https://www.wisconsin.edu/workers-compensation/supervisors/  Chris Heilgeist, UWP WC Coordinator Ext. 2220  Bob Grieshaber, UWP Safety & Risk Mgr. Ext. 2262 Worker’s Compensation Resources

26. How can we create a culture of safety at Parkside?

27. Family Medical Leave Act Family Medical Leave Act (FMLA) The Federal Family and Medical Leave Act (FMLA) and the Wisconsin Family and Medical Leave Act (WFMLA) provide you with the right to take job- protected leave with continued medical benefits when you need time off from work to care for yourself or a family member who is seriously ill, to care for a newborn or newly adopted child or to attend to the affairs of a family member who is called to active duty in the military. For more information visit: FMLA & WFMLA Link: http://www.uwsa.edu/ohrwd/benefits/leave/fmla/http://www.uwsa.edu/ohrwd/benefits/leave/fmla/

28. Family Medical Leave Act Family Medical Leave Act (FMLA) Who is covered by FMLA / WFMLA?  Employee’s that:  Work for an employer with 50 or more employees in at least 20 weeks of the current or preceding year.  Have worked at least 1,250 hours in the preceding 12 months and employed at least 12 months.  What is covered?  Serious health condition of an employee or family member  Family Expansion – birth, adoption, In Loco Parentis  Military Family Leave – Qualifying Exigency  Military Care Giver Leave – To care for a covered service member (next of kin).  Resources:  Family Medical Leave Act: http://www.dol.gov/whd/fmla/employeeguide.pdfhttp://www.dol.gov/whd/fmla/employeeguide.pdf  Military Family Leave: http://www.dol.gov/whd/fmla/2013rule/FMLA_Military_Guide_ENGLISH.pdf http://www.dol.gov/whd/fmla/2013rule/FMLA_Military_Guide_ENGLISH.pdf

29. Family Medical Leave Act Family Medical Leave Act (FMLA) When should I refer an employee to Human Resources regarding Family Medical Leave?  If an employee will be out of work more than the 5 days allowed with medical documentation.  If an employee indicates they or a family member has a serious health condition.  An employee begins to miss more and more time from work.  Any employee indicating items generally considered qualifying events per FMLA guidelines. Employees should always schedule an appointment with Human Resources prior to going on leave. In the event of an emergency and this is not practical contact Human Resources.

30. Family Medical Leave Act Family Medical Leave Act (FMLA) Types Of Leave Duration  Up to 12 weeks per calendar year (480 hours).  Family Medical Leave (WI and Federal) – Solid Leave Block.  A solid block of time is indicated by an employee with certification.  Solid block leave often can become intermittent at a later date.  In the case of a solid leave block Human Resources may enter and approve the employee’s leave requests.  Family Medical Leave – Intermittent  Intermittent – Unscheduled or scheduled leave as indicated in the certification provided.  Examples: 1-2 hours per week, 1-2 days per month, decreased work load (change in FTE).  In cases of FTE changes employees are encouraged to discuss their needs with their departments. Human Resources will verify with the department what accommodations are being made as well as official FTE change amounts.  Change form will be required to change FTE.

31. Family Medical Leave Act Family Medical Leave Act (FMLA) The Process  The employee will meet with a Human Resources representative to discuss their need for leave. Human Resources will determine if the employee qualifies for Family Medical Leave.  Has the employee worked enough hours?  Is the reason for leave on that is outlined in FMLA guidelines?  Human Resources will discuss the forms required to apply for Family Medical Leave.  Employee’s Application for Medical Leave  Physician's Certification or Other Possible Certification  If the leave is approved the approvers listed in HRS will be notified that the employee has be approved for leave.

32. Family Medical Leave Act Family Medical Leave Act (FMLA)  Human Resources cannot provide specific health information regarding a leave to supervisors. However, Human Resources will notify the supervisor if a fitness for duty is required prior to an employee returning to work or if any accommodations need to be met.  Supervisors should not ask employees for information specific to their situation. This could be considered a violation of HIPPA regulations.  It is ok if the employee shares this information with you, but you should not ask.  Employees are required to report Family Medical Leave Hours used when completing leave reports. This should be noted in the comments section of the leave request.  Supervisor’s should verify with Human Resources the first day an employee returns to work.  Employee’s should not return to work sooner than the date indicated on their leave request unless there is an updated statement from the physician on file.

33. Family Medical Leave Act Family Medical Leave Act (FMLA) Scenarios  An employee has been calling into work to care for an ill boyfriend?  An employee has adopted a child?  An employee requests FMLA leave, but never provides certification?  Can an employee have more than 1 FMLA leave request a year?  An employee has worked 1,000 hours in the past 12 months and has been employed with the same employer 10 years are they eligible for FMLA leave?  An employee’s spouse has been called to active military duty are they eligible?

34. Thank You! Human Resources Team 262-595-2204 hr@uwp.edu hr@uwp.edu Safety & Risk Management 262-595-2262 grieshab@uwp.edu