Considerations When Employees Participate in Social or Recreational Activities
- Kevin Bartsch, Assistant Director, Workers Compensation Pool Operations
We often receive requests for information clarifying whether coverage applies when District employees participate in recreational or social activities, whether on or off school property and during or outside working hours. As is often the case, the answer is “It depends.”
Many factors determine if an accident occurs within the course and scope of employment. Each situation is assessed based on its unique circumstances. However, actions taken before the event can clarify whether the event falls within the course and scope of employment.
Examples of such events include after-school exercise using school facilities, pick-up games of basketball, soccer, or softball, or participating in activities like running a concession stand, attending holiday parties, spring picnics, retirement or baby showers, and fundraisers such as "Donkey Basketball!"
Section 39-71-407 of the Workers’ Compensation Act addresses these situations. It states:
(2) An injury does not arise out of and in the course of employment when the employee is:
(b) engaged in an unpaid social or recreational activity, regardless of whether the employer pays for any portion of the activity or whether the activity occurs at the worksite of the employer. The exclusion from coverage of this subsection (2)(b) does not apply to an employee who, at the time of injury, is on paid time while participating in a social or recreational activity and whose presence at the activity is required or requested by the employer. For the purposes of this subsection (2)(b):
(i) "requested" means the employer asked the employee to assume duties for the activity so that the employee's presence is not completely voluntary and optional, and the injury occurred in the performance of those duties; and
(ii) "social or recreational activity" means an activity that is generally undertaken by individuals for exercise, relaxation, pleasure, or voluntary or optional preparation related to the employment.
Based on this law, we recommend that when District employees participate in activities, communication and documentation should occur ahead of time, identifying the following:
- Are activities during work hours, and are employees being paid?
- Are employees required to participate?
- What is the nature and scope of the activities?
- Where will the activities take place?
These issues should be discussed and confirmed in written follow-up documentation to ensure mutual understanding. If an injury occurs, this documentation will clarify coverage.
Let’s enjoy ourselves safely and know in advance whether the activities are work-related. Return to newsletter