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RSA 281-A:25-a · Reinstatement of Employee Sustaining Compensable Injuries
281-A:25-a Reinstatement of Employee Sustaining Compensable Injuries. –
Copy linkAn employee of an employer who employs 5 or more employees, who has sustained an injury, shall be reinstated by the employer to the employee's former position of employment upon request for such reinstatement, if the position exists and is available and the employee is not disabled from performing the duties of such position, with reasonable accommodations for the employee's limitations. For the purposes of this section an employee's former position is "available" even if that position has been filled by a replacement while the injured employee was absent. If the former position has been eliminated, the employee shall be reinstated in any other existing position which is vacant and suitable with reasonable accommodations for the employee's limitations. A certificate by the employee's attending physician that the physician approves the employee's return to the employee's regular employment with reasonable accommodations for the employee's limitations, shall be prima facie evidence that the employee is able to perform such duties. Reinstatement under this section shall be subject to the provisions for seniority rights and other employment restrictions contained in a valid collective bargaining agreement between the employer and a representative of the employer's employees.
Copy linkThe right to reinstatement to the employee's former position under this section terminates when any one of the following events occurs:
Copy linkA medical determination by the attending physician or finding by the commissioner that the employee cannot return to the former position of employment.
Copy linkAn employee whose employer employs 4 or fewer employees at the time of the employee's injury and at the time of the employee's demand for reinstatement.
Copy linkThe right to reinstatement shall not be forfeited if the employee refuses to return to the employee's regular or other offered employment without release to such employment by the employee's attending physician.
Copy linkThe commissioner may assess employers in violation of this section all weekly wage benefits retroactive to the date the injured employee was eligible for reinstatement. Source. 1994, 3:6, eff. Feb. 8, 1994.
Copy linkSource note
Source. 1994, 3:6, eff. Feb. 8, 1994.
Source history
- 1994, 3:6, eff. Feb. 8, 1994
Related materials
Bill relationships
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2026 HB1705
amend · effective 2027-07-01
e Senate and House of Representatives in General Court convened: 1 New Sections; State-Funded Employee Assistance Program for Small Communities; Establishment of Fund. Amend RSA 281-A by inserting after section 17-f the following new sections: 281-A:17-g First Responders Support Fund. There is established a first responders support fund, which shall be administered by the department of health an
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2026 HB1705-FN
amend · effective 2027-07-01
e Senate and House of Representatives in General Court convened: 1 New Sections; State-Funded Employee Assistance Program for Small Communities; Establishment of Fund. Amend RSA 281-A by inserting after section 17-f the following new sections: 281-A:17-g First Responders Support Fund. There is established a first responders support fund, which shall be administered by the department of health an
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2026 HB216
reference
Retirement. Amend RSA 100-A:4, III(b) to read as follows: (b) Notwithstanding the provisions of subparagraph (a) or any other law to the contrary, any member who receives a weekly award under the provisions of RSA 281-A from the commissioner of labor, for injury arising out of and in the course of employment, shall be entitled to creditable service for said period [not in excess of one year]. To receive creditable service, a
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2026 HB216-FN
reference
III(b) to read as follows: (b) Notwithstanding the provisions of subparagraph (a) or any other law to the contrary, any member who receives a weekly award under the provisions of RSA 281-A from the commissioner of labor, for injury arising out of and in the course of employment, shall be entitled to creditable service for said period [not in excess of one year]. To receive creditable service, a member sha
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2026 SB661
reference
d workers' compensation and unemployment compensation programs, which are regulated by and which report to the department of labor and the department of employment security, under RSA 281-A and RSA 282-A, respectively, shall be exempt from the requirements of this section as long as their operations and reports conform to the laws and rules adopted by those departments. 5-B:4-a Authority of the Secreta
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2026 SB661-FN
reference
d workers' compensation and unemployment compensation programs, which are regulated by and which report to the department of labor and the department of employment security, under RSA 281-A and RSA 282-A, respectively, shall be exempt from the requirements of this section as long as their operations and reports conform to the laws and rules adopted by those departments. 5-B:4-a Authority of the Secreta
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2025 HB2
amend
604-A. 141:344 Workers' Compensation; First Responder's Critical Injury Benefit. Amend RSA 281-A:32-a, II to read as follows: II. Payments awarded under this section shall be subject to all other provisions of RSA 281-A. Total compensation payments for all additional compensation claims paid under this section shall not exceed $125,000 per claimant. Benefits paid under this section for all claimants shall not exceed [$500,000
Opinions and discipline decisions mentioning this RSA
- 2015-0342, Appeal of Carlos Marti Supreme Court opinion · June 28, 2016
- 2014-0583, Appeal of Raymond Cover Supreme Court opinion · February 26, 2016
- 2007-039, MICHELLE ALONZI, ADMINISTRATRIX OF THE ESTATE OF GLENN HOPKINS v. NORTHEAST GENERATION SERVICES COMPANY & a. Supreme Court opinion · January 15, 2008