LD 1361
pg. 5
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LR 1295
Item 1

 
provided that the employer is not required to pay the
employee for periods in which the employee is unavailable
for work for the purposes of rehabilitation or while the
employee is medically disqualified. The employee may
apply normal sick leave and vacation time, if any, for
these periods.:

 
(i)__As provided in subparagraph (2-A);

 
(ii)__That an employer may change the employee's
work assignment to reduce any possible safety
hazard.__If the employee is reassigned, the
employer shall pay the employee the rate of the
new work assignment until an evaluation conducted
by or arranged through the rehabilitation or
treatment provider concludes the unreasonable
safety hazard has abated, with or without
conditions such as regular or irregular interim
substance abuse testing during rehabilitation;

 
(iii)__That an employer may suspend the employee
from active duty to reduce any possible safety
hazard.__If the employee is suspended, the
employer shall pay the employee 1/2 of the
employee's regular weekly rate, unless and until
an evaluation conducted by or arranged through the
rehabilitation or treatment provider concludes the
unreasonable safety hazard has abated, with or
without conditions such as regular or irregular
interim substance abuse testing during
rehabilitation; and

 
(iv)__That the employer is not required to pay the
employee for periods in which the employee is
unavailable for work for the purposes of
rehabilitation or while the employee is medically
disqualified.

 
The employee may apply normal sick leave and
vacation time, if any, for these periods.

 
(2-A) A rehabilitation or treatment provider shall
promptly notify the employer if the employee fails to
comply with the prescribed rehabilitation program
before the expiration of the 6-month period provided in
paragraph B. Upon receipt of this notice, the employer
may take any action described in paragraph A.

 
(3) Except as provided in divisions (a) and (b), upon
successfully completing the rehabilitation program, as


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