A. Employee Benefits

3.   Benefits Provided to All Employees. Some benefits are provided to all status and adjunct faculty and staff.

3.1   Social Security

3.1.1   Description. A basic part of the University System's retirement program is the federal Social Security program.

3.1.2   Contributions. Both USNH and the faculty/staff member contribute a legally defined percentage of the faculty/staff member’s earnings to the Social Security program as mandated by the Social Security Administration.

3.2   Workers' Compensation Benefits

3.2.1   Description. The New Hampshire Workers' Compensation law, RSA 281-A, covers all faculty, staff, and volunteers. It provides non-taxable payment for loss of earnings and payment of medical expenses due to injury, occupational disease, or death arising out of and in the course of employment. It is not considered compensation under IRS regulations.

3.2.2   Contributions. The University System of New Hampshire assumes the cost of the workers' compensation insurance.

3.2.3   Authority and Responsibility. The University System of New Hampshire shall comply with all applicable federal and state laws and regulations regarding the administration of the Workers' Compensation program and shall have oversight responsibility for workers' compensation policy and budget. Biennially, on January 1, USNH will compile USNH's safety program from the campuses' safety program information and file it with the State Commissioner.

3.2.3.1   Institution. Each component institution shall adopt such institutional policies and practices as are necessary to comply with New Hampshire Workers' Compensation Law, and shall be responsible for the administration for Workers' Compensation. Institutional responsibilities include the following:

3.2.3.1.1   Establish and administer a Work Safety Committee, with a minimum of four members, composed of equal numbers of employer and employee representatives. Employee representatives shall be selected by employee constituency groups or collective bargaining representatives.

3.2.3.1.2   Each year the Work Safety Committee will document the campus safety program, including specific rules and regulations regarding worker safety and references to disciplinary actions for violations of such rules and regulations, and submit it to the System Human Resources Office.

3.2.3.2   Supervisors. Supervisors are responsible for compliance with and implementation of institutional policies and practices regarding the Workers' Compensation programs.

3.2.3.3   Faculty/Staff responsibility. Faculty and staff members are required to promptly submit an accident report for an injury occurring during working periods to their immediate supervisor, the Human Resources Office, or other appropriate administrator, so the campus can file the First Report of Injury or Illness with the State of New Hampshire's Workers' Compensation Review Commission and/or the USNH Workers' Compensation insurance carrier.

3.2.4   Medical documentation is required to support workers' compensation claims and concurrent implementation of Family Medical Leave (see USY V.C.19), earned time/sick pool for non-exempt status staff, and sick leave/interim disability for status faculty and exempt staff. If, after three months of absence, such documentation indicates absence from work will extend six months or longer, the status faculty/staff member is eligible to apply for long-term disability (see USY V.A.8.1) and should contact the System Human Resources Office.

3.2.5   Payment. Workers' compensation payments are based on federal and state laws.

3.2.5.1   Status faculty and staff members who have paid leave may supplement the workers' compensation benefit by electing to use applicable accumulated sick/vacation leave, or earned time/sick pool; however, the combination of paid leave plans and workers' compensation benefits shall not exceed the faculty/staff member's budgeted salary.

3.2.5.1.1   Staff members on the earned time program who choose to supplement workers' compensation must use earned time for the first five calendar work days before they may supplement with their sick pool leave (see USY V.A.4.10.5). Earned time will be accrued on that portion of time represented by the non-workers' compensation portion of the payment and is accrued only on the first 15 calendar workdays of sick pool usage.

3.2.5.1.2   If using accrued paid leave, faculty and exempt staff members will continue to accrue vacation and sick leave on that portion of time represented by the non-workers' compensation portion of the payment.

3.2.6   Position Status. While on approved Worker's Compensation leave, a faculty/staff member's position will normally be held for 18 months from the date of absence due to the work-related illness/injury. If the disability continues beyond 18 months, the position will not be held for the individual.

3.2.7   Continuation of Benefits. With the exceptions noted below, a status faculty/staff member will be eligible to continue applicable coverage under the USNH benefits program for up to 18 months by continuing her/his employee contributions. (See also USY V.A.8.2)

3.2.7.1   Faculty/staff members will be billed for benefit contributions unless the faculty/staff member is being paid accrued leave time with enough value to cover the benefit costs. Benefits will terminate if the faculty/staff member fails to pay his/her portion of the benefit premiums.

3.2.7.2   Exceptions. If the faculty or staff member is receiving accrued paid leave with workers' compensation payments, retirement contributions can be made only on the leave payment, not the workers' compensation payment. The tuition waiver will be in effect for spouse and eligible children, but only authorized for the faculty/staff member's personal use on a case-by-case basis in conjunction with an approved Workers' Compensation program.

3.2.8   Return to Work. Medical documentation supporting the faculty/staff member's ability to perform the essential functions of the job is required prior to return to work. Reasonable accommodations shall be made consistent with the guidelines of ADA.

3.2.8.1   Upon written request, a faculty/staff member may return to his/her position of employment for up to 18 months from the date of injury.

3.2.8.2   If the position has been eliminated, a faculty/staff member shall be placed in any other vacant position for which s/he is qualified.

3.2.8.3   A status faculty or staff member is expected to return to work for at least 30 calendar days following the period of workers' compensation leave.

3.2.9   Re-hire. If a former faculty/staff member is able to work following a period of workers' compensation which extended beyond 18 months or the position was not held, the individual may apply for positions within USNH. If rehired, a status faculty/staff member shall receive credit for prior years of service as referenced in USY V.C.10.

3.2.9.1   Medical documentation concerning a former faculty/staff member's ability to return to employment following a long-term worker's compensation leave will be required.

3.2.9.2   Reasonable accommodations shall be made consistent with the guidelines of ADA.

3.2.10   Temporary Alternative Work Assignments. In an effort to facilitate the faculty/staff member's return to work, the USNH shall develop temporary alternative work options, when appropriate, for faculty/staff members on Worker's Compensation who can return to work, but are unable to immediately resume all of the functions of their positions.

3.2.10.1   Temporary alternative work options shall be limited and transitional in nature with job requirements that will increase in capacity as the faculty/staff member's work capacity increases.

3.2.10.2   If the faculty/staff member fails to accept a temporary alternative work assignment, workers' compensation may be reduced or terminated.

3.3   Unemployment Compensation Benefits

3.3.1   Definition. Unemployment compensation is administered by the State of New Hampshire and provides partial income replacement to employees who lose their jobs through no fault of their own.

3.3.2   Contributions. The University System of New Hampshire assumes the cost of the workers' compensation insurance.

3.3.3   Eligibility. This benefit applies to all faculty and staff who receive wages from USNH. It does not apply to student workers.