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The following is an excerpt from your contract. Please refer to the full contract, or call the office with questions.

Article 33
Disability and Workers’ Compensation

Section 1.      Time off the job for post-probationary associate absences related to New York State Disability and New York State Workers’ Compensation claims will be granted by the Employer upon submission of a claim to the Third Party Administrator accompanied by documentation from the employee’s physician, which confirms that the employee’s medical condition prevents him/her from performing his/her job.  In situations where an employee, because of an unexpected medical condition, is unable to complete the claim and furnish the appropriate documentation in advance, a disability leave will be granted upon such submission at a later date.  Documentation from the employee’s physician shall normally be provided within three (3) weeks or as soon as available.

Section 2.      Time off the job for an illness or injury for New York State Workers’ Compensation Leaves shall not exceed seventy eight (78) weeks.  Time off for New York State Disability leaves shall not exceed fifty-four (54) weeks. There will be no loss of seniority while an employee is on disability or workers’ compensation leave.

Section 3.      Employees on approved disability or workers’ compensation shall continue to receive baselife insurance benefits at no cost to the employee and shall continue to receive health insurance benefits on the same basis as prior to the leave until the expiration of any paid leave time or for a period of six (6) months, whichever is shorter.  Thereafter, the employee may continue to participate in group health insurance at his/her own expense (COBRA).  Employees who remaindisabled after six (6)months will be placed on an inactive employment list and all accrued PTO will be paid out.

Section 4.      An employee returning from disability or workers’ compensation shall contact IDM at least seven (7) calendar days prior to the expected return date.  The notice period shall be reduced when an employee is released by her/his physician on short notice.

Section 5.      Employees may return to work prior to the scheduled expiration date of their leave after complying with the notification requirements and upon producing medical attestation, if applicable.

Section 6.      The Employer may require an employee returning from a disability or workers’ compensation leave to submit to a medical examination within seventy-two (72) hours of the anticipated return to work, at no expense to the employee, before returning to work.  Should there be a difference of medical opinion between the employee’s physician and the Employer’s physician regarding the ability of the employee to return to work, a third medical opinion shall be solicited from a physician chosen by the mutual agreement of the employee’s physician and the Employer’s physician.  The cost of the additional examination shall be borne by the Employer.

Please keep in mind that FMLA runs concurrent with Worker’s Comp so all time out on WC counts toward time used with FMLA.

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