BRSU is committed to providing a safe work environment for our employees. Despite the best efforts that we may implement, employees may get ill or injured. BRSU has a Workers Compensation insurance program which provides for payment of medical expenses and lost wages for employees who suffer work-related injuries or illness. This system may also provide permanent disability benefits for those who qualify.

Reporting Requirements

All employees will report to their immediate supervisor or school nurse when a work-related injury/illness is suspected and/or when they deem medical care may be required as a result of a work-related injury/illness. The Supervisor (or designee) will complete an Employee’s Claim and Employer First Report of Injury (see below), or "First Report." By law, the First Report must be completed and submitted to the State Commissioner of Labor within 72 hours of the accident (excluding weekends and holidays).

Medical Treatment

If an employee is injured or ill from a work-related accident and his or her supervisor or the employee believes that the condition needs emergency medical treatment, call 911 or go to the emergency room.

Medical Certification

If the employee's injury results in lost time, and/or medical treatment beyond first aid, the employee must have the treating physician complete a Work Capabilities Form. This information shall be needed to determine any work limitations following the injury/illness. If the work injury results in lost time, said report shall be submitted to our workers' compensation carrier as verification of the need for leave and will be used to determine benefit payments.

A Certification of Health Care Provider may also be required if the injury results in lost time and the injury potentially meets the definition of a "serious health condition" under the Family Medical Leave Act (FMLA) and/or the Vermont Parental and Family Leave Law (VPFL).

FMLA/VPFL

Work-related injuries may meet the criteria for a serious health condition that could also be treated as family/medical leave time under the Family Medical Leave Act (FMLA) and/or the Vermont Parental and Family Leave Law (VPFL).

Reinstatement

An employee, who is out of work as a result of a work-related injury, is entitled to reinstatement when his inability to work ceases, provided recovery occurs within two years of the onset of disability. At the time of reinstatement, the employee shall be provided with the first available position suitable for the worker given the position he had held at the time of the injury.

Upon reinstatement, the employee regains seniority and any unused annual leave, personal leave, sick leave and compensatory time he was entitled to prior to the interruption in employment, less any leave and compensatory time used during the period of interruption. The reinstatement provisions of the Workers’ Compensation Act do not apply if:

1. The worker had been given notice, or had given notice, prior to sustaining the injury, that employment would terminate;
2. Employment would have terminated of its own terms prior to any reinstatement the worker would otherwise be entitled;
3. The worker fails to keep the employer informed of (a) his or her continuing interest in reinstatement; (b) his or her recovery; (c) any change of his or her mailing address.

Modified Work

BRSU provides a return-to-work program that allows employees to remain at work with temporary work restrictions. At each appointment the employee should have their treating physician fill out the Work Capabilities Form. This form should be submitted to the Supervisor as soon as possible. Supervisors will attempt to modify the regular job duties or assign temporary duties if possible, which meet written medical restrictions.

The employee will be notified of the availability of a modified-duty assignment. If unable to work, or if there is no modified-duty assignment, employee must stay in contact with Supervisor regarding temporary restrictions after each follow-up appointment.

Leave Use and Compensation Protocols

Absences Due to Disabling Conditions

In the event an employee is absent due to a work-related disability and receives workers' compensation benefits (as defined under 21 VSA §§ 601-710) said employee shall utilize his/her available accrued paid sick leave (if any) for up to the duration of the approved absence at a rate of one half day of leave for each day of absence. During the period in which the employee has available accrued sick leave, said employee shall continue to receive his/her full contracted wages while s/he is receiving disability benefits under the Workers’ Compensation Statutes, and said employee shall reimburse the District for any and all disability benefits received under the Workers’ Compensation Statutes, except that school-year support staff shall not be required to reimburse the District for Workers’ Compensation benefits accrued during the school summer vacation.

Employees shall reimburse the District by signing over the worker's compensation checks directly to the District within two (2) weekdays of receipt of payment if medically feasible. The use of available and accrued paid sick leave under this provision is conditioned upon timely receipt of reimbursement. Failure to reimburse the District under this provision shall be considered just cause for employment action up to and including discharge, and shall result in the restriction of paid sick leave.

For as long as the employee is utilizing paid sick leave and/or is covered under the Family and Medical Leave Act (FMLA) or the Vermont Parental and Family Leave Law (VPFL), said employee shall retain his/her coverage on the District medical, dental and life insurance plans (if participating at the time of the disability) to the extend provided under applicable master agreement or individual employment contract, subject to the eligibility requirements and other rules and provisions of the individual carrier. Once the employee exhausts his/her available accrued sick leaves and/or FMLA/VPFL (if applicable), said employee shall have the right to continue his/her medical and/or dental coverage at his/her own expense under COBRA.

Absences for non-disabling conditions

In the event an employee is absent from work for treatment of, or to attend a medical examination related to, a work injury covered under the workers’ compensation statute, said employee shall be paid his/her regular wages for the time missed provided the treatment/medical examination cannot reasonably be scheduled during non-work hours. Said time shall also not be deducted from current or accumulated leaves.

Claim Information

An employee who files a report of injury should expect to receive a call from our carrier claim representative within 24 hours of their receipt of a reportable claim to review the status and to provide an update. A claim is considered reportable if the employee receives medical treatment and/or if s/he misses work as a result of the work-related injury/illness. Depending on nature and extent of injury, a nurse case manager may also be assigned to your claim as a resource.