N.H. Admin. Code § Lab 504.05

Current through Register No. 36, September 5, 2024
Section Lab 504.05 - Reinstatement of Employee Sustaining Compensable Injuries
(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.

N.H. Admin. Code § Lab 504.05

#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

Amended by, Volume XXXVI Number 14, Filed April 7, 2016, Proposed by #11067, Effective 4/1/2016, Expires 4/1/2026.