All New Hampshire charter schools, as public employers, are required
by statute,
RSA
281-A to participate in the Worker
Compensation program under the Department of Labor. This law covers
minimum wage and compensation, insurance ,and guidelines
related to employee accident or injury. There are posting requirements.
Q1. What is the definition of employee?
A1. According to the Department of Labor, an employee is defined as
follows:
(a)
"Employee', with respect to public employment, means: (1) Any person in
the service of an employer, as defined in RSA 281-A:2, IX, including
members of the general court, under any express or implied voluntary
contract of hire and every elected or appointed official or officer of
the state or any political subdivision or agency thereof while
performing official duties.
Q2. How is employer defined?
A2. "Employer', with respect to public employment, means the
state, any agency of the state, any county, city, town, school district,
sewer district, drainage district, water district, public or
quasi-public corporation, or any other political subdivision of any of
these that has one or more employees subject to this chapter. Except
where the context specifically indicates otherwise, the term employer as
used in this paragraph shall be deemed to include the employer's
insurance carrier or any association or group providing self-insurance
to a number of employers.
Q3. Does the public charter school have
a posting requirement?
A3. Yes.
281-A:4 Posting of Notice by Employer. – Every employer subject to
this chapter, or who elects to accept its provisions, shall keep posted
in a conspicuous place upon the premises a notice that the employer is
working under the provisions of RSA 281-A. If any employer fails to post
such notice or to keep it posted, such employer shall be guilty of a
violation for each day of such failure. This section shall not apply to
employers who are subject to this chapter only because they employ
domestics. Source. 1988, 194:2, eff. July 1, 1989
Q4. What are my responsibilities as a
charter school employer?
A4. The NH Department of Labor has a
publication on this topic--an
Employer Guide to Workers' Compensation.
According to the Department of Labor: Every New Hampshire employer
who has any employees, full or part-time, is required to cover these
employees with workers' compensation insurance written by a carrier. It
does not matter if they are related, such as daughter, son, husband,
etc. It also does not matter if the business is a "Non-Profit"
organization.
Sole-proprietors, partners and self-employed persons are not required to
carry workers' compensation on themselves but may elect to be covered,
per
RSA 281-A:3.
Q5. How do I go about obtaining workers'
compensation insurance for the charter school employees?
A5. This is an insurance program and you obtain it through any
insurance agent offering workers compensation insurance.
Q6. Does the charter school have to have workers'
compensation on part-time employees?
A6. Yes.
Q7. Our charter school will likely work with
one or more consultants doing business as independent professionals.
What is the official definition of an independent contractor?
A7. According to NH Department of Labor, and independent
contractor meets the criteria defined in
RSA 281-A:2 VI.
