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:
- Employees involved in supervision and care of patients.
- University police and security officers.
- University lifeguards.
- Employees ordered by a supervisor to perform hazardous duties as a temporary replacement for an employee regularly assigned such duties.
- Employees ordered by the supervisor to accompany an employee during the performance of hazardous duties.
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:
- While quelling a riot or disturbance or other act of violence while in work status or on University premises.
- While restraining patients, inmates, probationers or parolees or apprehending runaways and escapees.
- When injury is caused by a patient, inmate, probationer or parolee.
- While making an arrest or investigating a violation or suspected violation of law.
- While going to or returning from a fire, putting out a fire, evacuating patients or inmates because of a fire or participating in fire drills.
- When disease is contracted as a result of exposure to it during patient care.
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:
- In the process of making an arrest or investigating any violation or suspected violation of the law, the quelling of a riot, or any other violence;
- Engaged in an effort to save lives, recover dead bodies, or protect public or private property;
- Driving or riding in a vehicle under circumstances which require hazardous maneuvering or speed in excess of the normal or posted limits in the performance of law enforcement duties; or
- Engaged in authorized public demonstrations or on duty training exercises
Link to Current Policy
https://kb.wisc.edu/ohr/policies/page.php?id=53011