RTW Compliance Checklist Template

Introduction

This checklist is designed to help employers routinely assess and ensure that their RTW programs are compliant with relevant legal requirements and best practices.

Part 1: General Compliance

• RTW Policy Documentation:

  • Is the RTW policy documented and up to date?

  • Does the policy clearly outline the RTW process, roles, and responsibilities?

• Employee Accessibility:

  • Is the RTW policy easily accessible to all employees?

  • Are there mechanisms in place to communicate policy updates?

Part 2: ADA Compliance

• Reasonable Accommodations:

  • Are there procedures to identify and implement reasonable accommodations?

  • Is there a process for employees to request accommodations?

• Interactive Process:

  • Is there a documented process for engaging in an interactive process with employees?

  • Are employee requests and employer responses properly documented?

Part 3: FMLA Considerations

• FMLA Leave Integration:

  • Are procedures in place to integrate FMLA leave with the RTW program?

  • Is there a system to track FMLA leave and its coordination with RTW plans?

• Employee Rights:

  • Are employees informed of their rights under FMLA in relation to RTW?

Part 4: Workers' Compensation Compliance

• State-Specific Regulations:

  • Are RTW practices in line with state-specific workers' compensation laws?

  • Is there a protocol for handling workers' compensation claims alongside RTW plans?

Part 5: Training and Awareness

• Management Training:

  • Have managers and supervisors been trained on the RTW policy and legal obligations?

  • Is there ongoing training to account for legal updates and policy changes?

• Employee Awareness:

  • Are employees regularly informed about their rights and responsibilities within the RTW program?

Part 6: Monitoring and Audit

• Periodic Reviews:

  • Is there a schedule for regular reviews of the RTW program for compliance?

  • Are adjustments made to the RTW program based on these reviews?

• Documentation and Record-Keeping:

  • Are all RTW-related interactions, decisions, and accommodations adequately documented and stored?

Conclusion:

This checklist serves as a tool to regularly review and ensure that the RTW program remains compliant with legal standards and effective in practice.