Reinstatement Conditions
Under certain circumstances a Vermont employer may be required to rehire an employee who has suffered a work related injury. Specifically, an employer must offer the employee reinstatement in the first available, suitable job provided that:
- the employer regularly employs 10 or more employees at least 10 of whom work more than 15 hours a week, and
- the worker recovers from his or her work-related injuries within two years of the onset of the disability.
Two other conditions apply to reinstatement rights: the worker must have had an expectation of continuing work had the injury not occurred and the worker must be physically capable of performing his or her job or another suitable position.
Return to Work
Upon reinstatement, the employee regains seniority and any unused benefits he or she was entitled to prior to the interruption of employment, minus any leave time used during this interruption. If the employer hired someone else to take the injured worker’s place, the employer need not discharge that person. However, the next suitable position that comes open must be offered first to the injured worker. Reinstatement rights also depend on the injured worker maintaining communication with the employer during the period of disability. State and federal fair employment laws, including those that prohibit discrimination against people with disabilities, may also affect an employee’s right to reinstatement following a work related injury.
Updated Notice to Employees
Vermont’s reinstatement liability notice is now titled, “Worker’s Compensation Reinstatement Rights,” and the notice now mentions the weekly 15 work-hour minimum and the two-year disability onset provision. All employers are required to post the updated reinstatement rights notice so that employees will know whether or not they have reinstatement rights with their employer.
Employers have two workers’ compensation compliance solutions:
- Vermont All-On-One™ Labor Law Poster
- Vermont Workers’ Compensation Reinstatement Rights Peel ‘N Post
Changes are effective immediately. Order today!