§ 643b. Reinstatement; seniority and benefits protected
(a) As used in this section:
(1) “Employer” has the same meaning as in section 601 of this chapter provided that this
section shall only apply to employers who regularly employ at least 10 employees of
whom at least 10 work more than 15 hours per week.
(2) “Recovery” means that the worker can reasonably be expected to perform safely the
duties of the worker’s prior position or an alternative suitable position.
(b) The employer of a worker disabled by an injury compensable under this chapter shall
reinstate the worker when the worker’s inability to work ceases provided recovery
occurs within two years of the onset of the disability. A worker who recovers within
two years of the onset of the disability shall be reinstated in the first available
position suitable for the worker given the position the worker held at the time of
the injury.
(c) Upon reinstatement, a worker shall regain seniority and any unused annual leave, personal
leave, sick leave, and compensatory time the worker was entitled to prior to the interruption
in employment, less any leave and compensatory time used during the period of interruption.
(d) The provisions of this section shall not apply if:
(1) the worker had been given notice, or had given notice, prior to sustaining the injury
that employment would terminate;
(2) employment would have terminated of its own terms prior to any reinstatement the worker
would otherwise be entitled to under this section;
(3) the worker fails to keep the employer informed of:
(A) the worker’s continuing interest in reinstatement;
(B) the worker’s recovery; or
(C) any change of the worker’s mailing address.
(e)(1)(A) A worker aggrieved by an employer’s failure to comply with the provisions of this
section may bring an action in the Superior Court in the county in which the worker
or the employer resides for damages, including punitive damages, for noncompliance
and may apply for such equitable relief as may be just and proper under the circumstances.
(B) The court shall award reasonable attorney’s fees to the plaintiff if the plaintiff
prevails.
(2) A copy of the complaint shall be filed with the Commissioner. (Added 1987, No. 105, § 1; amended 2023, No. 85 (Adj. Sess.), § 131, eff. July 1, 2024.)