Workers' compensation

Workers' compensation benefits provide coverage to employees who sustain work-related injuries or illnesses. These benefits are designed to provide medical treatment, partial wage replacement, vocational rehabilitation assistance, and permanent disability awards, according to state industrial insurance law.

Microsoft contracts with Gallagher Bassett for workers' compensation third-party administrative services for most states. For approved workers' compensation claims, Gallagher Basset would process and pay for valid health-care expenses, as well as partial wage replacement for time off work. 

Note: The Microsoft Short-Term Disability leave of absence policy does not cover periods of disability caused by occupational injuries or illness. 

If your maximum workers' compensation time loss benefit rate is less than Microsoft's short-term disability rate, Microsoft provides workers' compensation leave of absence supplemental payments administered by Prudential.

The Workers' Compensation Leave Supplemental Plan pays the difference between your maximum time-loss benefits and Microsoft's short-term disability pay schedule as follows:

  • Weeks 1 through 8: difference between maximum time-loss benefits and 100 percent of base pay. 

  • Weeks 9 through 26: difference between maximum time-loss benefits and 75 percent of base pay.

For example, if your base is $2,000 per week and your time-loss benefits are capped at $1,000 per week, your workers' compensation claims manager would administer non-taxable workers' compensation time loss benefits at the rate of $1,000 per week. Upon approval for time loss, Prudential would administer a taxable supplemental payment of $1,000 per week. Upon approval for time loss, Prudential would administer a taxable supplemental payment of $1,000 per week. Your combined payments from Prudential and Gallagher Bassett would equal 100 percent of your base pay for weeks 1-8. Prudential would then administer $1,500 during weeks 9 through 26 and your combined payments from Prudential and Gallagher Basset would equal 75 percent of base pay.

Supplemental pay is administered by Prudential Insurance. If you are eligible for supplemental pay, Prudential will contact you directly to set up payment. 

If your claim is denied, any outstanding medical bills will be submitted to your health insurance carrier, if applicable. 

If you live in Ohio, West Virginia, Wyoming, or North Dakota, claims decisions and time loss pay will be made by the appropriate state agency in those states. 

While you remain employed, your health care benefits will remain in effect when you are on an approved workers' compensation leave of absence (LOA).

Pay and health benefits

After the required paperwork and information are submitted to the Microsoft workers' compensation third-party provider, Gallagher Bassett, you will be notified as to the acceptance or denial of your claim. 

If your claim is accepted, medical bills related to your injury or illness will be paid through the workers' compensation program. Additionally, if you are unable to work as a result of your occupational injury or illness, you may be eligible to receive time-loss payments. Time-loss is a non-taxable workers' compensation benefit designed to partially make up for wages lost while you are unable to work. Minimum and maximum time-loss benefits are set by state industrial law. If you are eligible for time-loss compensation, your workers' compensation claims adjuster will provide additional details on your benefit payments. 

Workers' compensation leave supplemental payments are effective when time loss benefits begin and continue for up to 26 weeks of leave. To be eligible for workers' compensation leave supplemental payments, you must be entitled to time loss benefits according to your state's insurance regulations. 

Additionally, you must be an eligible employee of Microsoft or participating employer as defined in the Microsoft Welfare Plan's Summary Plan Description. For the definition of eligible employee and participating employer, go to the Summary Plan Description and then review the Eligibility section. 

Other benefits

While on a workers' compensation LOA, you will be paid through Gallagher Bassett or the appropriate state agency with any applicable supplemental pay by Prudential Insurance. Because you are not receiving a paycheck from Microsoft, your Microsoft Corporation Savings Plus 401(k) Plan contributions will discontinue for the duration of your leave. After you return to paid status, your 401(k) plan contributions will resume. If you can work part-time, your 401(k) plan contributions will continue for any partially-paid LOA. 

If you withdraw from the Employee Stock Purchase Plan (ESPP), you may re-enroll in the program at any time prior to the next offering period. If you are on leave during an ESPP offering period, you may use the ESPP online tool at NetBenefits to enroll, change your contribution rate, or withdraw from an offering period. If you cannot use the online ESPP tool, then you must contact Fidelity Investments directly a (888) 810-6738, option 2, prior to the ESPP enrollment deadline. For non-exempt employees, vacation does not accrue during a workers' compensation leave; however, non-exempt employees on a partial leave will accrue vacation on a pro-rated basis for the hours worked, as long as they work at least 20 hours per week.

During any unpaid workers' compensation leave, hourly/non-exempt employees may substitute any accrued vacation, HHTO, or floating holiday time. Salaried/exempt employees may substitute HHTO only. DTO may not be used during unpaid leave of absence.

At the end of a workers' compensation leave of 12 weeks or less, as determined by your physician, Microsoft will return you to your previous position or an equivalent position, absent certain exceptions (for example, the elimination of your position due to reduction in force or reorganization). If your physician recommends that you return to work with restrictions, Microsoft will work with you, your manager, and your physician to determine if those restrictions can be reasonable accommodated. If you work on a reduced schedule or intermittent basis, you may be entitled to partial wage replacement for the hours you are off work.

Time away from work while on Workers' Compensation, Short-Term Disability Leave, Maternity Disability Leave, Parental Leave, Medical Emergency Leave, sick and mental health time, and unpaid leave will be counted against an employee's entitlement (if any) to leave under the Family and Medical Leave Act (FMLA) of 1993 and any applicable state and local laws, to the extent permitted by such laws.