New Hampshire Code of Administrative Rules
Lab - Commissioner, Department of Labor
Chapter Lab 500 - WORKERS' COMPENSATION CLAIMS
Part Lab 504 - RESPONSIBILITIES OF EMPLOYERS AND THEIR REPRESENTATIVES
Section Lab 504.05 - Reinstatement of Employee Sustaining Compensable Injuries

Universal Citation: NH Admin Rules Lab 504.05

Current through Register No. 40, October 3, 2024

(a) An employer of 5 or more full time employees shall reinstate an employee with a compensable injury to their former position within 18 months if that position is available, as follows:

(1) If the date of injury:
a. Is clear, then the 18 months shall be determined from the date on which the injury occurred; or

b. Is unclear, then the 18 months shall be determined from the date of first medical treatment; and

(b) An employer shall not be obligated to provide the former position to:

(1) An injured employee of a construction contractor if the project is completed, unless another project is ongoing;

(2) A temporary employee, except that a temporary employee shall not include an employee of a temporary agency;

(3) An employee who has been given permanent restrictions by his or her treating physician and who is not released to return to work at his or her former position; or

(4) An employee unable to return to work within 18 months from the date of injury.

#5892, eff 9-2-94; ss by #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98

New. #6806, eff 7-18-98); ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #9019, eff 11-1-07

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