Section 31IAC5-9-14. Long-term disability; return to work

   (a) If an employee, having recovered from the long-term disability, desires to return to work and the agency, in which he or she was employed before the onset of the disability, has no vacant position in their classification, or a similar classification with the same basic qualifications and salary range, then the layoff procedure shall be utilized to determine which employee is to be laid off.

  (b) When benefits cease because the disability does not meet the standard set forth in section 9(b) of this rule, the last appointing authority, for whom the employee worked before the onset of the disability, shall offer the employee the next available position, within thirty (30) miles of his or her designated work station before the onset of the disability, at the same or a lower skill level, that he or she is legally qualified to fill and physically capable of performing. The appointing authority's obligation under this subsection ends, and employment will be terminated, upon the earlier of the:

(1) third declination of such an offer; or

(2) expiration of the maximum analogous time period, applicable to the employee, set forth in section 12 of this rule.

(State Personnel Department; 31 IAC 5-9-14; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA)