Question: An employee's normal shift is 6:00 PM to 2:30 AM. The employee starts his shift at 6:00PM on Monday and sustains a work-related injury at 12:30AM Tuesday. The injury results in the employee going to a physician who excuses the employee from work for Tuesday and allows the employee to return to work at 6:00 PM on Wednesday. Does this case involve days away from work or days of restricted work activity?

Answer: Days away from work and days of restricted work activity are determined by calendar days rather than scheduled work shifts. You begin counting days away from work or days of restricted work activity on the day after the injury occurred or the illness began. Because the employee was injured Tuesday and returned to work on the subsequent day, Wednesday, there are no days away from work involved in this scenario. However, because the employee was unable to work part of the workday (Wednesday 12:00 AM to 2:30AM), the injury resulted in one day of restricted work activity.

Standard Number: 1904.7, 1904 - Table of Contents