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    Title: 1904.7(b)(3) – Days Away Cases
    Type: Text Slide

    • Day counts (days away or days restricted)
      - Count the number of calendar days the employee was unable to work (include weekend days, holidays, vacation days, etc.)
      - Cap day count at 180 days away and/or days restricted
      - May stop day count if employee leaves company for a reason unrelated to the injury or illness
      - If a medical opinion exists, employer must follow that opinion
    Speaker Notes:

    For days away or days restricted, count calendar days.

    Under this system, a special case arises when an employee is injured on a Friday or right before a vacation, and returns on the next scheduled day. If a PLHCP gives information that the employee should not have worked during those days off, then the days should be counted.

    The employer may stop counting days when they reach 180 days away from work or days of restricted work or both. We then know that this was a serious case. The employer may also stop counting days if the employee leaves the company for some reason not related to the injury or illness – for example, a plant shutdown.

    If the employee is away from work for an extended time, the employer must record the case within 7 days with an estimate of the days away and then must update the day count when the actual number of days away or restricted becomes known.