Section 31 IAC 5-9-14 - Long term disability; return to workAuthority: IC 4-15-2.2-19; IC 5-10-8-7
Affected: IC 4-15; IC 22-3-2
Sec. 14.
(a) If an employee, having recovered from a long term disability, wants to return to work and the agency the employee was employed with before the onset of the disability does not have a vacant position in their classification, or a similar classification with the same basic qualifications and salary range, then the layoff procedure is used to determine which employee is laid off.(b) When benefits end because a disability does not meet the standard set forth in section 9(b) of this rule, the last appointing authority for whom an employee worked before the onset of the disability shall offer the employee the next available position, within thirty (30) miles of the employee's designated work station before the onset of the disability, at the same or a lower skill level, that the employee is legally qualified to fill and physically capable of performing. The appointing authority's obligation under this subsection ends and employment is terminated after either:(1) the third time an offer is declined; or(2) the maximum similar period that applies to the employee, set forth in section 12 of this rule, expires; whichever comes first.State Personnel Department; 31 IAC 5-9-14; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRAReadopted filed 6/1/2018, 9:50 a.m.: 20180627-IR-031180194RFAFiled 8/19/2024, 5:25 p.m.: 20240918-IR-031240179FRA