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Paid Leave for Job Related Injury or Illness

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Leave Provisions

  1. Paid leave will be granted for a maximum of 60 working days in any one fiscal year for the same job-related accident or illness. Bargaining unit contracts or handbooks should be consulted for possible variations in leave benefits.
  2. Leave is not cumulative from year to year.
  3. Leave commences on the first day of the industrial accident or illness. However, until questionable claims have been accepted by the insurance carrier, any absences will be deducted from the regular sick-leave balance. Once the claim has been accepted, the time deducted from the sick-leave balance will be restored and charged to industrial accident leave.
  4. Income to the employee from Workers' Compensation and regular District wages shall not exceed the normal wage for the day.
  5. Leave will be reduced by the hours of authorized absence whether or not a compensation award is made under Workers' Compensation.
  6. If leave occurs at a time when the full 60 days will overlap into the new fiscal year, the employee shall be entitled to only that portion remaining at the end of the fiscal year in which the injury or illness occurred.
  7. The period of the leave shall not be considered to be a break in service.
  8. If an injury or illness continues past 60 days, the District will charge full-salary sick leave, half-salary sick-leave or vacation entitlement in that order.
  9. When all available paid or unpaid leaves of absence have been exhausted and the employee is not medically cleared by the District to resume regular duties, the employee shall retire, if eligible, resign, or accept dismissal for reasons of health.
  10. Human Resources shall notify the employee of the leave procedures at the time the claim is filed (See exhibit PA 6020-1 and Exhibit PA 6020-2).

The insurance part of this topic is covered under Human Resources Manual Section BE1100 "On the Job Injuries."

 

Pay Provisions

  1. An injured employee will receive full-salary during the 60-day benefit period and for any subsequent use of accrued sick leave in connection with an injury.
  2. When an absence progresses into half-salary sick leave and the disability benefit (refer to voucher from claims administrator) exceeds half-salary sick leave pay, the Payroll Technician will adjust the pay to at LEAST the benefit amount. If the benefit amount is less than half-salary sick leave pay, the employee receives HALF PAY.
  3. Since non-academic (classified) hourly employees do not receive pay for time not worked (not eligible for sick leave/vacation benefits), disability payments are paid directly to them by the claims administrator at their address of record.

Reconciliation of Leaves

  1. When an employee returns to duty following medical clearance, the money value of disability payments in excess of the 60-day benefit allowance shall be converted to full-salary sick leave or vacation, whichever the employee has used as a result of industrial injury or illness and credited to the employee's account. The excess money is divided by the employee's regular hourly rate of pay to arrive at the number of full-salary sick leave or vacation hours creditable. These hours shall, in no case, exceed the actual hours used in each category.

Taxes

  1. This current procedure does not take into account that absences for an industrial accident/illness are NOT TAXABLE by state and federal agencies. However, to rectify this, the claims administrator, at calendar year-end, will issue a statement to justify a reduction in taxable gross income when filing tax returns for that year.

Exhibit PA 6020-1

Memorandum

To: Employee Name, Location Name 

Date of Injury:    

Re: EMPLOYEE CLAIM FOR WORKERS' COMPENSATION BENEFITS

A report of occupational injury/illness has been received regarding your recent accident. The report is being forwarded to our workers' compensation  insurance administrator __________________. 

For absences related to this incident approved by your physician, please fill out an "Industrial Accident Leave Benefits Application" card.   Until __________________ accepts your claim, absences from  your normal duties will be deducted from your sick leave balance.  Once accepted as a workers' compensation claim , your sick leave will be restored up to 60 work days.

If the determination is made that your worker' compensation benefits should commence, __________________ will advise you of your benefits.

__________________ will be contacting you shortly and normally will be able to furnish you with whatever information you may require concerning your workers' compensation claim.

However, should you require further information, please call the Risk Management office at 619-388-6953.

 

Exhibit PA 6020-2

Memorandum

To:    Employee Name, Location Name and Number

Re:    Industrial Accident/Illness Leave

On your 60 days of industrial accident or illness leave have expired. Commencing on the next available workday, your continued absence as a result of this accident or illness will be deducted from your full-salary sick leave. Absences in excess of full-salary sick leave will be charged to half-salary sick leave and finally to your vacation balance. Please review your bargaining unit contract for further information.  You may call 619-388-6899 if you have any questions.

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