1. (a) An employer of 5 or more full time employees shall reinstate an employee with a compensable injury to their former position within 18 months if that position is available, as follows:

   1. (1) If the date of injury:

      1. a. Is clear, then the 18 months shall be determined from the date on which the injury occurred; or
      2. b. Is unclear, then the 18 months shall be determined from the date of first medical treatment; and

2. (b) An employer shall not be obligated to provide the former position to:

   1. (1) An injured employee of a construction contractor if the project is completed, unless another project is ongoing;
   2. (2) A temporary employee, except that a temporary employee shall not include an employee of a temporary agency;
   3. (3) An employee who has been given permanent restrictions by his or her treating physician and who is not released to return to work at his or her former position; or
   4. (4) An employee unable to return to work within 18 months from the date of injury.

Source. #5892, eff 9-2-94; ss by #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98 New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07 New. #9019, eff 11-1-07; ss by #11067, eff 4-1-16