WORK-RELATED INJURIES Section 1. An employee who sustains a work-related injury during the term of this Memorandum as a result of which the employee is disabled, if so determined by a decision issued under the operation of the Workers’ Compensation Program, shall be entitled to use accumulated sick, annual, or personal leave or injury leave without pay. While using accumulated leave, the employee will be paid a supplement to workers’ compensation of full pay reduced by an amount that yields a net pay, including workers’ compensation and social security disability benefits, that is equal to the employee's net pay immediately prior to the injury. Net pay prior to injury is defined as gross base pay minus federal, state, and local withholding, unemployment compensation tax, social security and retirement contributions. One full day of accumulated leave (7.5 or 8 hours as appropriate) will be charged for each day the supplement is paid. Accumulated leave and injury leave without pay may be used for an aggregate of l2 months or for the duration of the disability, whichever is lesser, except that, if only accumulated leave is used, it may be used beyond 12 months until exhausted or until the disability ceases, whichever occurs sooner. In no case however will the aggregate of l2 months extend beyond three years from the date the injury occurred. If no leave is available under this Section, the provisions of Section 12 may apply.
Section 2. An employee who works a reduced number of hours (part-time) due to partial disability may use leave in accordance with Section 1. Pay for accumulated leave used will be calculated in accordance with Section 1, based on the net amount of lost earnings.
Section 3. Retirement credited service for the period of time that the employee is using leave under this Recommendation, shall be determined in accordance with the State Employees’ Retirement Code.
Section 4. At the expiration of the leave under Section 1, if an employee continues to receive workers’ compensation, the employee will be placed on leave without pay in accordance with Section 7 below and will not be entitled to receive state paid coverage for life insurance and state payments toward coverage for health benefits.
Section 5. An employee is required to refund to the Employer the amount of any overpayment. In no case shall an employee be entitled to full pay and workers’ compensation and/or social security for the same period. The Employer shall recover any amount in excess of the paid supplement to workers’ compensation as described in Section 1. Failure to apply for or report social security or other applicable disability benefits to the Employer will result in the termination of the leave under Section 1.
Section 6. State paid coverage for life insurance and state payments toward coverage for health benefits as provided in Recommendations 20 and 2l, will continue for the period of time that the employee is on leave under Sections 1 and 12.
Section 7. An employee has the right to return to a position in the same or equivalent classification held before being disabled, for a period of up to three years from the date the injury occurred provided the employee is fully capable of performing the duties of that position, subject to the furlough provisions of Recommendation 25, Seniority. This guarantee expires if the disability ceases prior to the expiration of the three year period and the employee does not return to work immediately or if the employee retires or otherwise terminates employment. During the period of time between the end of the leave under Section 1 or Section 12, where applicable and the end of the guarantee in this Section, the employee will be on leave without pay.
Section 8. The compensation for disability retirement arising out of work-related injuries shall be in accordance with the State Employees’ Retirement Code.
Section 9. An employee who sustains a work-related injury, during the period of this Memorandum, if so determined by a decision issued under the operation of the Workers’ Compensation Program, may use sick, annual, or personal leave for the purpose of continued medical treatment of the work-related injury in accordance with Recommendations 8, 10, and 11. If no paid leave is available, an employee may use leave without pay. Each absence shall not exceed the minimum amount of time necessary to obtain the medical treatment. Employees shall make reasonable efforts to schedule medical appointments during non-work hours or at times that will minimize absence from work. Verification of the length of the medical appointment may be required. This Section is not applicable to any absence for which workers’ compensation is payable. When workers’ compensation is payable, the provisions of Section 1 shall apply.
Section 10. Sections 4, 6, and 8 of this Recommendation shall not apply to temporary employees.
Section 11. Sections 1 through 10, and 12 of this Recommendation shall not be applicable to employees whose injuries are within the scope of either Act l93 of l935, P.L. 477, as amended, or Act 632 of 1959, P.L. 17l8, as amended.
Section 12. An employee who is disabled due to a recurrence of a work-related injury after three years from the date the injury occurred, or before three years if the leave entitlement in Section 1 has been depleted, shall be entitled to use accumulated leave and injury leave without pay while disabled for a period of up to 12 weeks. To be eligible to use injury leave without pay, the employee must have been at work at least 1250 hours within the previous 12 months. The 12 week period will be reduced by any other leave used within the previous 12 months that was designated as leave under the provisions of the Family and Medical Leave Act. If only accumulated leave is used, it may be used beyond 12 weeks until exhausted or until the disability ceases, whichever occurs sooner. While using accumulated leave, the leave will be charged and paid in accordance with Section 1.
Section 13. It is understood by both parties that the provisions of this Recommendation are consistent with the Family and Medical Leave Act of 1993, USC Section 2601 et seq. and that leave granted in accordance with Sections 1 and 12 shall be designated as leave under the provisions of the Act.
Section 14. It is understood by both parties that the provisions of this Recommendation are consistent with the Americans with Disabilities Act.
