Managing Employee Injuries and Disability and Occupational Safety

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P ERSONNEL M ANAGEMENT AND THE I NDUSTRIALLY I NJURED E MPLOYEE

Section 9

A. I NTRODUCTION One of the most difficult challenges facing agency managers is the proper handling of various personnel actions involving employees who have incurred a work-related injury. Such matters as termination of employment, layoff, leaves of absence, disciplinary actions arising from absenteeism, claims of injuries due to the “stress” of disciplinary actions, reassignments and light duty assignments are some of the typical problems which may arise in connection with industrially injured employees.

The principal sources of an employer’s legal obligations in this area are:

 California Labor Code Section 132a, which contains broad prohibitions on discrimination against employees who have suffered an industrial injury;  Provisions of the California Fair Employment and Housing Act (Government Code Sections 12100 et seq.), which prohibit discrimination against individuals who are physically handicapped;  The Public Employee Retirement Law (Government Code Sections 21000 et seq.), or County Employees Retirement Law (Government Code Section 31450 et seq., hereinafter CERL or 1937 Act);  Memoranda of Understanding between the public agency and the employee representative, and agency personnel rules and regulations pertaining to such matters as sick leave, leaves of absence, seniority, reassignment, rights of preferential rehire; and  Section 504 of the Vocational Rehabilitation Act of 1973;

 Due process rights under the constitution.

The legal obligations of a public agency manager may at times seem complex, confusing, and conflicting. However, through careful consideration of medical evidence, personnel policies, consideration of the status of the employees workers’ compensation claim, and by careful documentation, an agency manager can protect the best interests of his organization and respect the rights of the injured employee. In so doing, he can reduce the potential for agency liability under both workers’ compensation law and for other claims that may arise for discrimination or violation of other employee rights.

Managing Employee Injuries, Disability and Occupational Safety ©2019 (s) Liebert Cassidy Whitmore 61