Hazardous Employment

This policy establishes benefits for certain employees injured while performing certain hazardous duties.

Functional Owner

Office of Human Resources (OHR)

Executive Sponsor

Vice Chancellor for Finance and Administration (VCFA)

Policy Contact

OHR/Workforce Relations (WR)

Policy Summary

Wisconsin Statutes (s. 230.36) provide that employees who are injured or contract a disease as a result of certain types of hazardous employment are entitled to continued payment of full base pay without deduction of sick leave or other leave credits while the employee is unable to return to full work status or until she/he terminates employment. The employee is treated as if she/he is still in pay status. Employees eligible for hazardous employment injury benefits also are eligible for Worker's Compensation for incurred medical expenses.

Who This Policy Applies To

Generally, these employees may be covered:

Rationale

The University of Wisconsin–Madison is committed to the well-being, safety and protection of all members of the campus community.

Policy Detail

Employees are eligible to claim hazardous employment benefits if injured:

Police Officer and Security Officer positions at the University of Wisconsin–Madison require working in locations or performing activities that, regardless of the best efforts of the institution to provide for employee safety and security, may be dangerous to an employee’s health or life. These jobs are considered hazardous duty. If a University of Wisconsin–Madison police officer or security officer suffers injury while in the performance of duties, as defined in this policy, the employee shall continue to be fully paid by the employing institution on the same basis as paid prior to the injury, with no reduction in accrued sick leave, compensatory time for overtime accumulations or vacation and no reduction in the rate of earning sick leave credit or vacation.

The full pay shall continue while the employee is unable to return to work as the result of the injury or until the employee terminates employment.

In the event that the employee is able to return to full work status but further medical treatment is required for the sustained injury, benefits shall continue to be granted to cover the treatment time providing the attending physician has made a prior determination that such treatment is necessary for full recovery.

Eligibility for these benefits is determined by Risk Management and the Office of Human Resources.

Procedures for Claiming Benefits:

Unless the college, school or division has special procedures for claiming hazardous employment injury benefits, it should follow the procedures below.

It is the employee’s responsibility to complete a Request for Leave of Absence with Pay Due to Injury. This form shall be submitted to the college, school or division human resources representative or Dean/Director’s office within 30 calendar days from the date of injury.

It is the supervisor’s Responsibility to ensure that the Employee Occupational Accident and Illness Report has been completed. The designated disability representative is encouraged to check periodically to determine when the employee will be able to return to work and ensure that an injured employee’s absence is covered by an appropriate leave. Whenever there is a question about the employee’s ability to resume duties, the supervisor should require the employee to submit a current physician’s report.

The Dean/Director’s office reviews hazardous duty claims, obtains a medical report from the employee’s physician as to the nature and duration of any disability resulting from the injury, and submits a recommendation to Risk Management and the Office of Human Resources.

Consequences for Non-Compliance

Failure to follow and comply with this policy will result in discipline up to and including termination and may also result in violation(s) of state and/or federal law(s).

Supporting Tools

Leave of Absence with Pay Due to Injury Form

Employee Occupational Accident and Illness Report

Definitions

“Illness or Injury” means physical harm to an employee caused by accident or disease.

“Performance of duties” means duties performed in the line of duty including:

Link to Current Policy

https://kb.wisc.edu/ohr/policies/page.php?id=53011

Links to Related Policies

ER 28.05(4)

Hazard Communication

FP&M Physical Plant Safety Manual - Policy Statement

Risk Management