A TED-style bootcamp that covers Talent, Employee Benefits, Training, Compliance, and Return to Work.

1. HR BOOTCAMP
A TED-style bootcamp that covers Talent,
Employee Benefits, Training, Compliance,
and Return to Work.

2. Thank you to our sponsors

3. CREATING AN AWARD
WINNING CULTURE
Janine Tracy – Director of People

4. JANINE TRACY, SHRM-SCP, SPHR, CPP, CBP
DIRECTOR OF PEOPLE
Janine Tracy has direct responsibility for HNI’s people strategy, being a culture change agent and a part
of the advisory team providing HR services. Collectively, all of these areas allow her to move away from
just owning compliance to owning culture and delivering the best people strategy possible focusing on
our people and aligning it with the vision of the business.
Culture management is a key component to de-risking business. As a performance-driven leader of the
People team, Janine is responsible for fostering an environment of creativity, boldness, collaboration,
and transparency that allows our Risk Advisors to produce their best work.
EXPERTISE
• Employee Benefits
• Talent Management
• Performance Management
• Process Improvement
• Culture Management
• Human Resources Information Systems
Management
AFFILIATIONS
• Best and Brightest Companies to Work For
Advisory Board Member – Milwaukee
• Society of Human Resource Management
• Metro Milwaukee Society of Human Resources
Management
• Senior Certified Professional (SHRM-SCP)
• Senior Professional Human Resources (SPHR)
• Certified Benefits Professional (CBP)
• Certified Compensation Professional (CCP)
• Burlington Girls Youth Basketball – Past
President
University of Wisconsin
Oshkosh – BBA Business
Management
20+ years human
resources experience

7. Who are you bringing in and attracting?
• Job postings
• Selection
• Welcome packet
• Onboarding/Training
• Warm leads

9. Who are you bringing in and attracting?
• Job postings
• Selection
• Welcome packet
• Onboarding/Training
• Warm leads
69% are more likely to
stay with an organization
for at least 3 years after a
great onboarding
experience – OC Tanner

10. Setting expectations
• Out with the old, in with the new
• At risk pay – what are you measuring
• Training check-ins
• SWARMing = collaboration

11. Find one that works for you -
industry, geographical
Use the categories –
positions, tenure, locations
Trend the results
Share the results
Great PR
Celebrate

12. Treat them how you want to be treated
• Hired best and brightest – treating them like adults
• Guidelines, not an employee handbook
• Dress for your day
• Create your own schedule
• UPTO

13. Questions?

14. BENEFIT
COMMUNICATIONS
THAT DON’T SUCK
Jennifer Romero – Talent & Perks Manager
Juliayn Scales – Marketing Manager

15. JENNIFER ROMERO, SHRM-CP, PHR
TALENT & PERKS MANAGER
Jennifer Romero has extensive human resources generalist experience working at mid-size to large
companies. Jennifer is a strategic, innovative, and creative problem solver who is a passionate about
helping businesses make the most of their resources and talent and helping to build award winning
cultures.
Jennifer has also serviced 8 years in United States Army Reserves as a heavy construction equipment
operator and unit supply specialist. During her time with the Army, Jennifer served in Operation Iraqi
Freedom.
EXPERTISE
• Employee Benefits
• Talent Management
• Performance Management
• Process Improvement
• Culture Management
• Human Resources Information Systems
Management
AFFILIATIONS
• Society of Human Resource Management
(SHRM)
• Metro Milwaukee Society of Human
Resources Management (MMSHRM)
• SRHM-CP and PHR Certified
University of Wisconsin
Whitewater – BBA
Business Management
Cardinal Stritch University
– MBA
14+ years human
resources experience

16. JULIAYN SCALES
MARKETING MANAGER
As Marketing Manager for HNI, Juliayn is responsible for inventing new, more powerful and creative
ways to tell the stories of HNI’s clients, and how they are de-risking their business, inspiring their
people, and breaking free from insurance dependency.
EXPERTISE
• Marketing Management
• Web Development
• SEO & Email Automation
• Event Management
• Content Management
• Inbound Lead Generation
• Digital Marketing
• Brand Development
• B2B Social Media & Content Marketing Strategy
• Marketing
AFFILIATIONS
• Wisconsin Women’s Business Initiative
Corporation – Marketing Consultant
• Inbound Certified – Hubspot Academy
• Design Certified – Hubspot Academy
• Google Analytics Certified
University of Wisconsin
Milwaukee – BBA
Marketing
5+ years marketing
strategy

17. How we will roll

18. Wicked Problem
• Only 19% of employers say their employees
have a high level of understanding their
benefits
• Almost half do not understand materials
• Participants do not perceive value in their
benefits
• The price of healthcare services vary by up to
1000% depending on when and where care
is received
• Multiple generations in the company

20. Break-Free

22. Benefit Theme

23. Open Enrollment
• Yammer
• Communication channels
• Management
• Meetings
• All shifts
• Invite spouses
• 1 on 1 sessions
• Mailings or Texting
• Videos
• ALEX
• Online enrollment tool
• Employee Navigator

24. Ongoing Communication
• Fun
• Easy to understand
• Topics
• Basics
• Complicated
• Bridge benefits together
• New Hires
• One-on-one systems training
• Enrollment Email
• Compliance Tsunami

25. Beyond Benefits
• Welcome cards
• LiveIt Loot
• Birthday cards
• Vacation cards
• Selfie Sticks
• Total Compensation
Statements

26. Boost Performance
Above Average
Benefit Plan
Below Average
Benefits Plan
Effective
Communication
Strategy
84% of employees
respond favorably
regarding their
benefits
76% of employees
respond favorably
regarding their
benefits
Ineffective
Communication
Strategy
26% of employees
respond favorably
regarding their
benefits
22% of employees
respond favorably
regarding their
benefits

27. Let’s find clarity

28. Clarity Example
High ER
utilization
Decrease in
ER utilization
Knowledge,
Change
Education
Show $
Virtual Visits

29. Need an easy button?
What’s included?
• Benefit Guide Booklet
• Monthly Communication
Emails
• Special Occasion & New Hire
Mailing Cards

30. Questions?

31. DELIVERING
EFFECTIVE TRAINING
Nick Wade – Learning and Development
Manager

32. NICK WADE, PHR
LEARNING AND DEVELOPMENT MANAGER
Nick Wade is responsible for developing and delivering education programs and training focused on
coaching HNI employees. This includes insurance continuing education, soft skills, on-the-job training,
employee onboarding, as well as topics of opportunity. Nick is responsible for fostering an environment
of creativity, boldness, collaboration, and transparency that allows our Risk Advisors to produce their
best work.
EXPERTISE
• Optimism
• Active Listening
• Herding small children in various activities
• Coaching
• Training
• Learning & Development
AFFILIATIONS
• Member of the Association of Talent
Development; currently working on
becoming a Certified Professional in
Learning & Performance
• Professional in Human Resources (PHR)
Certified
Liberty University – MBA
with Human Resources
Focus
B.S. in Psychology from
Juniata College
10+ years human
resources experience

33. Agenda
•Discuss the organizational value of a
dedicated learning & development function.
•Describe three benefits of developing
learning objectives.
•Discuss the importance of informal learning.
•Identify the 4 steps in the training process.

34. DEDICATED L&D

35. Dedicated L&D
• Give your Learning & Development function a BRAND, with a
name and a face. It helps attract top talent and retain the talent
you have.
• Leverage your L&D for succession planning by developing the
talent you have for future roles within your organization.

36. LEARNING OBJECTIVES

37. Benefit #1
•Organize & sequence

38. Benefit #2
•Determine instructional methods

39. Benefit #3
•Determines how effectiveness will be
measured

40. How to write a learning objective
•A-B-C-D’s
•Audience
•Behavior
•Condition
•Degree

41. INFORMAL LEARNING

42. Informal Learning
•Find the subject matter experts in your
organization and leverage them for informal
learning. Not only is this less disruptive as
learning occurs where and while the work is
being performed, but it’s also not as scary
and cheaper!

43. TRAINING PROCESS

44. Four Step Training Process
•Explain
•Demonstrate
•Practice
•Review

46. QUESTIONS?

47. HANDLING LEAVES
OF ABSENCE
Mark Brault – HNI Risk Advisor, Benefits
Attorney

48. MARK BRAULT, JD
COMPLIANCE ADVISOR / BENEFITS ATTORNEY
Mark will consult with HNI clients primarily in the benefits area, but can also be of assistance with the
preparation of separation agreements, non-compete agreements, employee handbooks, employment
agreements, and other related employment documents. He can also advise on employee hiring and
firing issues, and provide recommendations on a multitude of general corporate matters including
contracts, operating agreements, purchase agreements and corporate formalities.
EXPERTISE
• ERISA/Benefits
• Employment Law
• State & Federal Employment Laws
• Equal Rights Division
• EEOC
• State Unemployment Division
• FMLA & ADA
AFFILIATIONS
• Member of the Audit Committee for
Neighborhood Housing Services of Southeast
Wisconsin, Inc.
• Board of Directors for the Whitnall Youth
Basketball Club, Inc.
• Director and Vice President/Treasurer for the
Wisconsin Youth Basketball League, Inc.
• Previous Board of Directors and Member of the
Executive Committee for Racine County
Economic Development Corporation
• Previous Board of Directors of Racine Zoological
Society.
Marquette University
Law School
22 years of law
experience

49. Overview – What is a leave of absence?
A leave of absence (“LOA”) could mean many things. First
attempt to classify whether the LOA is job protected (ADA, FMLA,
WFEA), a paid leave (STD, LTD), an unpaid leave, an
unprotected leave, some other company LOA policy or a
combination of LOAs.

50. Overview – What is a leave of absence?
• Each LOA has different compliance issues, durations, medical
documentation requirements and health plan coverage/payment
issues.
• Easy to get confused or forget a step in the process but
plaintiffs attorneys will gladly notify you when something was
done incorrectly.

51. Diagnose the issue: What is it?
• For a job protected LOA, always start with the Family Medical
Leave Act (“FMLA”). FMLA protections are the most restrictive
and FMLA has the highest employee threshold number (50).
• EEOC Guidance – “An employer should determine an
employee’s rights under each statute separately, and then
consider whether the two statutes overlap…”

52. Eligibility under FMLA
• Applies to employers with 50+ employees within a 75 mile
radius.
• Employee must have worked at least 12 months for the
employer (whether consecutive or not) and completed 1,250
hours of service during the past 12 months.
PRACTICE TIP! This employee count does include controlled
groups of corporations within the 75 mile radius.

53. Eligibility under Wisconsin FMLA
• 52 consecutive weeks for the employer and completed 1,000 hours
of service in the previous 52 consecutive weeks.
• There is no 75 mile controlled group test for Wisconsin FMLA. The
test is employees at all facilities regardless of location.
• Different leave requirements and timeframes exist- 10 weeks total.
Two (2) weeks for serious health condition; two (2) weeks for a
family member’s serious health condition; six (6) weeks for birth or
adoption.
PRACTICE TIP! Be sure to know the Wisconsin FMLA laws since
employees do have a right to take it and state FMLA laws more
favorable to the employee do apply.

54. FMLA Essentials
• A serious health condition
• Employers may not change the essential functions of a job in
order to deny FMLA leave or to deny the employee from being
reinstated.
• FMLA protects employees from losing their job or benefits while
on leave not to exceed 12 weeks for each measurement period.
PRACTICE TIP! To help alleviate some FMLA abuse, use a 12
month rolling period instead of a calendar year when tracking
FMLA leave.

55. Leave options: FMLA
• Employer has the affirmative obligation to designate leave as
FMLA leave.
• Employer may not require an employee to take a job with a
reasonable accommodation such as light duty.
• FMLA is not a COBRA event unless the employee does not
return after the leave has expired, in which case it could be a
COBRA event.

56. Reinstatement: FMLA
• Employer is required to reinstate employee to substantially
equivalent position, with equivalent benefits, pay, terms and
conditions of employment.
• No right to reinstatement if employee is unable to perform the
essential functions of the job.
• Upon return the employer must restore any benefits terminated
during leave, even if the employee lost coverage for failure to
pay during the leave.

57. ADA & WFEA overview
• The Americans with Disabilities Act (“ADA”) applies to
all employers with 15 or more employees.
• The Wisconsin equivalent is the Wisconsin Fair
Employment Act (“WFEA”) that contains disability laws
that apply to all employers with 2 or more employees.

58. Disabilities under ADA
• ADA forbids discrimination against “qualified individuals with
disabilities” and requires employers to reasonably
accommodate such individuals.
• ADA defines disability as –
• A physical or mental impairment that substantially limits one or more
major life activities.
• A record of having such an impairment.
• Being regarded as having such an impairment.

59. Disabilities under ADA
• ADA amendments further modified and broadened the class of
persons and major life activities to which the ADA applies.
Changes include:
• Mitigating measures such as medication will be disregarded when
evaluating whether a person is substantially limited.
• The definition of “substantially limits” has been broadened and there is
a new definition of “regarded as disabled”.
PRACTICE TIP! When confronted with a potential disability claim
assume it is a disability given its broad definition.

60. Protections under ADA
• No length of service requirement under the ADA.
• Limitations exist on pre-employment inquiries:
• Cannot ask applicants about past WC claims or work-related injuries
prior to making a conditional offer of employment.
• In order to disqualify a candidate who has a disability, employer must
show that the individual poses a “direct threat” which includes “a
significant risk of substantial harm to the health or safety of the
individual or others than cannot be eliminated or reduced by
reasonable accommodation.

61. Protections under ADA
• ADA is almost perpetual, limited only by the requirement that
the employee be able to perform the essential functions for the
position with or without a reasonable accommodation.
• BUT…a LOA as a reasonable accommodation under the ADA
after expiration of FMLA is no longer required per our own 7th
circuit. See Severson v. Heartland Woodcraft, Inc.

62. Protections NOT available under ADA
• If there is no concurrent FMLA, no obligation to continue to offer
health insurance coverage unless the employer has previously
provided coverage for other employees under ADA leave.
• If no FMLA and no termination, COBRA must be offered.

63. Reinstatement under ADA
• ADA does NOT mandate equivalence in pay or benefits upon
return unless there is an equivalent vacant position.
• ADA does NOT require the employer to create a new job for the
employee.
• Reasonable accommodations include: job restructuring;
modified work schedules; equipment modifications; and
reassignment.

64. State disability laws
• Some aspects of WFEA are more favorable to employees,
particularly those who work at small employers where ADA is
not available.
• The biggest difference between the federal and state disability
laws often is the nature/degree of permanence.
PRACTICE TIP! Employers of all sizes should assume they are
subject to some disability laws since the WFEA applies to
basically all employers.

65. Worker’s Comp overview
Established to provide benefits for job-related injuries.

66. Eligibility under Worker’s Comp
• Employers with 3 or more employees are subject to these laws
immediately upon employing a third person.
OR
• Employ 1 or more full-time or part-time employees to whom you
have paid combined gross wages of $500 or more in any
calendar quarter for work done at one or more locations in
Wisconsin. You must have insurance by the 10th day of the first
month of the next calendar quarter.

67. Protections under Worker’s Comp
• WC insurance carrier pays all medical expenses related to the
injury.
• Employer can cancel health insurance, but only if the state WC
laws do not require you to maintain it. Wisconsin does not
require you to maintain health insurance.
• No requirement to accommodate under worker’s comp although
the insurance carrier will encourage it.
• Cannot terminate employee for absences related to work injury.

68. Reinstatement under Worker’s Comp
• Unreasonable refusal to rehire: Employer cannot, without
reasonable cause, refuse to rehire an employee who is injured
in the course of employment, where suitable employment is
available within the employees’ physical and mental limitations.
• If not able to return to work, employer must have medical proof
that employee is physically unfit to return.

69. Light duty options
• Under ADA and WC, if work restrictions exist, an employer may
“create” light duty work. These positions may be temporary.
PRACTICE TIP! An employee who is on light duty tolls FMLA.
The FMLA “clock” stops.

70. FMLA and light duty work
• Key concepts for FMLA and light duty work:
• Can’t require light duty work while on FMLA.
• No waiver of FMLA rights if an employee wants to work light duty.
• Light duty acceptance must be voluntary and uncoerced.
• FMLA “clock” stops on light duty.
• Both require reinstatement to the same or an equivalent position with
equivalent pay and benefits.
• No FMLA right to restoration for a LOA beyond 12 weeks unless there
is a continuing worker’s comp issue in play.

71. Worker’s Comp interaction with FMLA
• Always count WC time off concurrently as FMLA time but
remember you cannot force the employee to take accrued paid
leave for FMLA since worker’s comp is already paid time off.
PRACTICE TIP! If you don’t count this time concurrently,
employees can double dip. Employees MUST have all of this
policy language in writing.

72. Worker’s Comp & FMLA
• When is an employee with a WC injury not protected under the
FMLA?
• Employer has less than 50 employees.
• Employee did not satisfy length or hours of service under FMLA.
• Employee had already exhausted 12 weeks of FMLA.
• WC injury does not amount to a “serious health condition”.

73. Worker’s Comp & ADA
• When is an employee with a WC injury not protected by the
ADA?
• Injury does not “substantially limit” a “major life activity”.
• Injury is temporary or short-term (broken arm).
• No reasonable accommodation enables the employee to perform the
“essential functions” of the position.
• A “direct threat” to health or safety of employee or others exists.

74. FMLA, ADA, & WC – Reasonable
Accommodations
• Requires an interactive process at all times.
• No reasonable accommodation or reinstatement right under any law
if the employee cannot perform the essential functions of the job.
PRACTICE TIP: If an employer reserves light duty work for employees
who have worker’s comp injuries, the employer cannot refuse to
provide a reserved light duty job to an employee who has a non-
worker’s comp injury that is also a disability. Violates ADA.

75. FMLA, ADA, & WC – Reasonable
Accommodations
• ADA violation if an employer relies on a worker’s comp disability
rating or finding as a reason not to return the employee to work.
• There is no duty to create a new position or bump another
employee.
• Employers cannot have a blanket (“no fault”) termination policy.

76. FMLA, ADA, & Worker’s Comp
• More reasonable accommodation issues:
• OLD POSITION: How long to hold an employee’s position open should
be analyzed on a case-by-case basis. A LOA is considered a
reasonable accommodation (especially 6 months or less or even 6-12
months) while an indefinite leave is not a reasonable accommodation.
LOAs beyond 12 months become problematic. The new Severson
case changes this approach unless a WC injury still exists.
• LOAs are disfavored by the WC carriers since they are in the business
of rehabilitating the employee vs. paying them benefits sitting at home.

77. FMLA, ADA, & Worker’s Comp: Medical
Inquiries
• WC allows employers have broad access to medical records
and treating physician. Employers cannot deny FMLA leave
based on this greater amount of information.
• Under ADA, you can’t inquire into the nature and extent of the
employee’s disability except where job-related and consistent
with business necessity unless employee is requesting time off
due to the disability.

78. FMLA, ADA, & Worker’s Comp: Medical
Inquiries
• ADA allows more detailed questions than what is available
under FMLA. The employer may also require medical
examinations (IMEs) and make physician inquiries to determine
what, if any, accommodations are reasonable.
• FMLA limits you to the information that can be requested on the
DOL’s FMLA medical certification form.

79. FMLA, ADA, & Worker’s Comp: Fitness
for duty exams
• ADA: allowed if “job related and consistent with business
necessity” and limited to what is needed to determine if
employee is able to perform the job.
• FMLA: can require a fitness for duty certification that addresses
the employee’s ability to perform the essential functions of the
job.
• WC: employee simply obtains a release to return to work, with
or without restrictions, and may get a permanent disability rating
from the physician.

80. Non-protected leaves of absences:
Basics
• When would these occur:
• Employer not big enough to have to offer FMLA
• Employee not yet eligible for FMLA
• Employee needs time off but not due to serious health condition and no
vacation or PTO is available.
• Employer has an additional LOA policy beyond FMLA time frame
• Some employers use these LOAs to juggle workloads

81. Non-protected LOA – Legal
Considerations
• LOA may trigger COBRA concerns due to a reduction in hours
or if additional leave is available after the expiration of any
FMLA.
• May need carrier approval to extend/continue to offer benefits.
• If COBRA is issued, should you subsidize the employee? NO! If
employee never returns and elected COBRA b/c you agreed to
subsidize, you lost ability to kick employee on the exchange
until next open enrollment.

82. LOAs & ACA look back issues
• If LOA is PAID, hours of service are credited (like vacation) in the
measurement period for the duration of the leave.
• If LOA is UNPAID and meets no exceptions, the employee will have no hours
of service for the duration of the leave.
• Exceptions of leave unpaid which have different treatment is leave for FMLA,
WC, Jury Duty and USERRA. Two options are available for the treatment of
leave:
• Exclude period of unpaid leave from measurement period computation by
determining average hours without including this period; or
• Input hours by crediting employee with hours of service at a rate equal to the average
weekly hours of service for weeks that were not part of this LOA.

83. Conclusion
• Examine the legal restrictions that are imposed upon you as the employer.
• In situations where the restrictions appear to be in conflict or where some
restrictions are greater than others, you should attempt to comply with the
strictest or the most severe restrictions.
• The general rule has always been that when one or both of the federal
statutes (ADA and/or FMLA) conflict with the state laws (worker's comp
and/or MDCR), the federal laws take precedence if the federal laws are
more restrictive.
• Please seek the assistance of legal counsel when uncertain how to
proceed.

84. Questions?

85. THE MONEY SAVER:
RETURN TO WORK
Marina McKenzie – Senior Claims Advisor

86. MARINA MCKENZIE, JD
SENIOR CLAIMS ADVISOR
Marina is a legal advisor and senior claims consultant at HNI’s Wisconsin office. Marina specializes in
Worker’s Compensation law and claim handling. Marina brings her experience as a workers
compensation defense attorney to help clients better understand their risks, options, and exposures in
the claims process. Marina works with clients to strategize best claim practices for claim resolution and
reserve management. Marina partners with clients to help them understand the totality of the claim and
loss, how the claim will impact their Experience Modification Rating, and what can be done to not only
help minimize exposure but to ensure the best outcome.
EXPERTISE
• Worker’s Compensation Law
• Return to Work Program Development
• Independent Contractors
• Training
• Experience Modification Rating
• Claim Reporting
• Claim Mitigation, Strategy, and Management
AFFILIATIONS
• University of Wisconsin Law School – Juris
Doctor
• Northwestern University – B.S.
Communication
• Wisconsin Bar Association – member
• Wisconsin Association of Workers
• Compensation Attorneys – member
• Milwaukee Insurance Adjusters Association
– member
• Board of Directors – Kids Chance of
Wisconsin
University of Wisconsin
Law School
10+ years practicing
law

87. Return to Work

88. DEFINITION
RETURN TO WORK

89. What is it? – A Basic Definition
A Return to Work program, means allowing workers, who are
unable to perform their usual and customary job duties (due
to a workers compensation injury or illness), the ability to
return to work in a temporary, limited, and light duty capacity
while they recover.

90. WHY IS IT SO IMPORTANT
RETURN TO WORK

91. Return to Work – Why is it so Important?
RETURN-TO-WORK PROGRAMS:
• Reduce Claim Costs
When your claim data is sent to the workers compensation rating bureau it includes a dollar amount
spent on medical payments and a dollar amount spent on indemnity payments.
For claims which only have payments for medical treatment that total is
discounted 70% for purposes of your mod calculation.

92. Return to Work – Why is it so Important?
Reduce Claim Costs
• Injured worker is not sitting at home collecting temporary total disability benefits
• If a return to work program already exists, more workers will return to their jobs earlier in the
recovery period.
• Studies show that for claims with an off of work component, a successful RTW program can
decrease the amount of time spent off of work by 40% per claim.
Additional Benefit:
• Helps to reduce incidents of fraud

93. Return to Work – Why is it so Important?
RETURN-TO-WORK PROGRAMS: Reduce Litigation Expenses

94. Return to Work – Why it is so Important?
Improves Employee morale
It is very common for an injured employee to experience
fear after an injury occurs
• Fear of being unable to work
• Fear of being unable to provide for their family
• Fear of bills piling up
• Fear of lingering medical problems associated with the
injury
• Fear of the unknown/stigma

95. Return to Work – Why is it so Important?
AT WORK
• Back into a routine
• Providing a service, sense of value and
contribution
• Worker/ Team Player mentality
• Helps healing and shortens recovery time
• Good mental health
AT HOME
• Out of sync with no routine
• Sitting at home and collecting a benefits
check
• Injured worker mentality
• Can extend the recovery time for many
injuries
• Can lead to depression
Improves Employee morale

96. Return to Work – Why is it so Important?
Studies show that when an employee returns to work
light duty during a healing period, that employee is
more likely to have a better outcome and a higher
likelihood of getting back to 100% pre-injury way of
life.

97. Why it is so Important?
0%
25%
50%
75%
100%
6 months 12 months 24 Months
Time Away From Work
ChanceofReturningtoAnyWork
*Source: New York State Workers’ Compensation Board

98. WHAT MAKES IT SUCCESSFUL
RETURN TO WORK

99. What Makes A Successful RTW Program
(1) In writing
(2) Buy in
(3) Consistency
(4) Shouted from the Rooftops
(5) Constant Communication

100. Successful RTW Program – In Writing
1. Clear and Easy to understand.
2. Provided to all employees.
3. Reviewed yearly.
4. Includes language indicating that it is temporary work and at the
discretion of the employer.

101. Successful RTW Program – Buy in

102. Successful RTW Program - Consistent
Enforced every single time*
*99% of the time…

103. Shout It From the Rooftops
Everyone should know it exists
- Managers/Supervisors
- Employees  current and new employees when hired
- Insurance Company (Claims Adjuster & NCM)
What you are trying to avoid: off of work doctor note because the
doctor mistakenly thinks you can’t accommodate light duty
restrictions.

104. Constant Communication with Employee
• Call the injured worker
• Ask the worker how they are feeling and let them
know they are missed
• Contact needs to be genuine
• Communication is key to getting the employee back to work
Workers who know they are thought about, missed, and still part of
the workplace team are generally more eager to return to work and
return to work much faster than their counterparts.

105. Constant Communication
Frequent Communication
with:
• The Claims Adjuster
• Nurse Case Manager
• Supervisor/Manager
• Employee’s Coworkers

106. PITFALLS TO AVOID
RETURN TO WORK

107. Pitfalls to Avoid

108. It is Not a Punishment
Be a Cheerleader - Present the opportunity in a positive light
• An employee is able to return to work continue to receive their salary or hourly wage
• Gets the employee back into a routine
• Employee is back working with his/her colleagues
If you present this as a positive, the employees will be more
likely to see this as a benefit and want to participate.

109. Boring is Good!
Light duty does not need to be fun, it just needs to fall within
the employees restrictions.
Work is the best medicine!
Have you tried:
• Counting nuts and bolts for hours on end?
• Watching training videos?
• Sweeping floors, filing paperwork, sorting items?
• Sorting donations at a NFP?

110. Unlimited Doesn’t Mean Unmanaged
Light duty work doesn’t go on indefinitely!
Track progress and ask:
- Have restrictions progressed?
- What is the current treatment?
- Know when to exercise options.

111. You Have No Work
The insurance company has vendors for this exact situation!

112. Wording of the RTW Agreement
Not including the following language:
• Subject to change at employer’s discretion
• Temporary
• Not guaranteed in duration;
• Can vary from time to time;
• At the discretion of the employer.

113. Not Understanding Financial Implications
If you offer the employee light duty work within his/her
restrictions he/she can refuse the work…but there are
financial consequences.
• No salary continuation from the employer
• No TTD benefits from the insurance company

114. Communication Breakdown

115. Don’t Let Emotions Cloud Your Judgement

116. Questions?