Industrial Accident Leave 14.13.1 Employees having accidents or illnesses arising out of and in the course of employment are covered by Worker's Compensation insurance as outlined below.
14.13.2 Paid industrial accident leave shall not be for more than 60 working days in any one fiscal year for the same accident. Allowable leave shall not be accumulative from year to year. When an industrial accident or illness occurs at a time when the full 60 days will overlap into the next fiscal year, the employee shall be entitled to only that amount remaining at the end of the fiscal year in which the injury or illness occurred, for the same illness or injury. Pursuant to authority contained in Education Code §45192, an employee must have served continuously 6 months as a classified employee of the District immediately preceding the industrial accident or illness in order to obtain the District benefit of paid industrial accident or illness leave described in this section 14.10.2.
14.13.3 Industrial accident or illness leave commences on the first day of absence and shall be reduced by one day for each day of authorized absence up to the maximum allowable amount.
14.13.4 When entitlement to industrial accident or illness leave has been exhausted, entitlement to other sick leave shall then be used; but if an employee is receiving Worker's Compensation, the person shall be entitled to use only so much of the person's accumulated or available sick leave, accumulated compensating time, vacation or other available leave which when added to the Worker's Compensation award, shall provide for all full day's wage or salary.
14.13.5 During all paid leaves of absence, whether industrial accident leave as provided in this section, sick leave, vacation, compensated time off or other available leave provided by law or the action of the governing board, the employee shall endorse to the District wage loss benefit checks received under the Worker's Compensation laws of this state. The District, in turn, shall issue the employee appropriate warrants for payment of wages or salary and shall deduct normal retirement and other authorized contributions. Reduction of entitlement to leave shall be made only in accordance with this section.
14.13.6 After the expiration of all paid leave privileges, the appointing authority may place the employee on an industrial accident leave without pay.
14.13.7 When all available leaves of absence, paid or unpaid, have been exhausted and if the employee is not medically able to assume the duties of the person's position, the person shall, if not placed in another position, be placed on a reemployment list for a period of 39 months. When released by a doctor and the employee is available during the 39- month period, the person shall be employed in a vacant position in the class of the person's previous assignment over all other available candidates except for a reemployment list established because of lack of work or lack of funds, in which case the person shall be listed in accordance with appropriate seniority regulations.
14.13.8 An employee who has been placed on a reemployment list, as provided herein, who has been medically released for return to duty and who fails to accept an appropriate assignment shall be dismissed.
14.13.9 Appropriate assignment is defined as an assignment to the employee's former class, in his/her former status and time basis. Employees removed from a reemployment list under this section may appeal the removal to the Governing Board.
14.13.10 While an employee is on any paid leave resulting from an industrial accident or illness, the employee's salary paid by the District shall not, when added to a normal temporary disability allowance award without penalties granted the employee under State Worker's Compensation Insurance laws, exceed the employee's regular salary. A permanent employee's salary is computed on the basis of the number of hours and days in his/her basic daily assignment.
14.13.11 Final allowance for permanent industrial disability settlements shall not be subject to remittance to the District under this section.
14.13.12 An employee on industrial accident leave must obtain the approval of the Superintendent or the School Board in order to depart the State of California.
