Common use of DISABILITY AND UNEMPLOYMENT Clause in Contracts

DISABILITY AND UNEMPLOYMENT. 6.1(a) Supplemental Benefits for Industrial Injury: Whenever any Regular employee, who has completed their initial probationary period, and who is a member of the California Public Employees’ Retirement System (CalPERS) is disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of the employee’s duties, which comes within the application of the Workers’ Compensation and Insurance Chapters of the State Labor Code, the employee shall become entitled to compensation at the rate of eighty-five percent (85%) of the employee’s regular salary, in lieu of temporary disability payments, if any, which would be payable under the State Labor Code, for the period of such disability but not exceeding six (6) months, or until such earlier date as the employee is retired on permanent disability pension. At the conclusion of six (6) months of receipt of supplemental benefits at the rate of eighty-five percent (85%) of regular salary, any Regular employee who is still unable to return to work and is still receiving temporary disability indemnity payments shall become entitled to receive supplemental benefits at the rate of seventy percent (70%) of the employee’s regular salary for the period of such disability but not exceeding six (6) months or until such earlier date as the employee is retired on permanent disability pension through the California Public Employees’ Retirement System (CalPERS). In consideration of this benefit, the Regular employee shall pay over to the City any temporary or permanent disability compensation received, whether from Workers’ Compensation, employee group health and welfare insurance benefits or unemployment compensation benefits provided for under State law, and shall affirmatively assist the City in obtaining any such benefits to which the employee may be entitled but has not yet received arising out of such disability, but such payment from the employee to the City from such sources shall not exceed in amount the supplemental benefits paid to the employee by the City in accordance with the provisions of this paragraph. Whenever there is reason to suspect any employee of abusing the employee’s rights to workers’ compensation benefits, the parties shall cooperate in controlling such employee abuse.

DISABILITY AND UNEMPLOYMENT. 6.1(a(a) Supplemental Benefits for Industrial Injury: Whenever any Regular employee, who has completed their initial probationary period, and who is a member of the California Public Employees’ Retirement System (CalPERS) is disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of the employee’s duties, which comes within the application of the Workers’ Compensation and Insurance Chapters of the State Labor Code, the employee shall become entitled to compensation at the rate of eighty-five percent (85%) of the employee’s regular salary, in lieu of temporary disability payments, if any, which would be payable under the State Labor Code, for the period of such disability but not exceeding six (6) months, or until such earlier date as the employee is retired on permanent disability pension. At the conclusion of six (6) months of receipt of supplemental benefits at the rate of eighty-five percent (85%) of regular salary, any Regular employee who is still unable to return to work and is still receiving temporary disability indemnity payments shall become entitled to receive supplemental benefits at the rate of seventy percent (70%) of the employee’s regular salary for the period of such disability but not exceeding six (6) months or until such earlier date as the employee is retired on permanent disability pension through the California Public Employees’ Retirement System (CalPERS)System. In consideration of this benefit, the Regular employee shall pay over to the City any temporary or permanent disability compensation received, whether from Workers’ Compensation, employee group health and welfare insurance benefits or unemployment compensation benefits provided for under State law, and shall affirmatively assist the City in obtaining any such benefits to which the employee may be entitled but has not yet received arising out of such disability, but such payment from the employee to the City from such sources shall not exceed in amount the supplemental benefits paid to the employee by the City in accordance with the provisions of this paragraph. Whenever any employee is released for light duty work and such employee declines such light duty employment, the employee will thereby waive any and all rights to supplemental benefits for industrial injury as set forth above. Whenever there is reason to suspect any employee of abusing the employee’s rights to workers’ compensation benefits, the parties shall cooperate in controlling such employee abuse. (b) An employee who is absent by reason of industrial disability may be returned to work by the City and given temporary light duties within the employee’s ability to perform, with the consent of the employee’s physician. The duration of any such period of temporary work shall be determined by City. Such employee shall be compensated at the then current rate of pay of the employee’s regular classification while engaged in such temporary duties. An employee engaged in such temporary duties shall be eligible for overtime compensation at the discretion of City management and where such duties necessitating overtime compensation are consistent with any applicable work restrictions for the employee. Employees engaged in such temporary duties who are eligible for overtime compensation as provided in this Section are not covered by the provisions of Section 9.10 of this Agreement. The City may require an employee being considered for return to work after an absence caused by disability or illness to submit to a medical examination by a physician or physicians approved by the City for the purpose of determining that such employee is physically and mentally fit and able to perform the duties of the employee’s position without hazard to the employee, or to the employee’s fellow employees, or to the employee’s own permanent health.

DISABILITY AND UNEMPLOYMENT. 6.1(a(a) Supplemental Benefits for Industrial Injury: Whenever any Regular employee, who has completed their initial probationary period, and who is a member of the California Public Employees’ Retirement System (CalPERS) is disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of the employee’s duties, which comes within the application of the Workers’ Compensation and Insurance Chapters of the State Labor Code, the employee shall become entitled to compensation at the rate of eighty-five percent (85%) of the employee’s regular salary, in lieu of temporary disability payments, if any, which would be payable under the State Labor Code, for the period of such disability but not exceeding six (6) months, or until such earlier date as the employee is retired on permanent disability pension. At the conclusion of six (6) months of receipt of supplemental benefits at the rate of eighty-five percent (85%) of regular salary, any Regular employee who is still unable to return to work and is still receiving temporary disability indemnity payments shall become entitled to receive supplemental benefits at the rate of seventy percent (70%) of the employee’s regular salary for the period of such disability but not exceeding six (6) months or until such earlier date as the employee is retired on permanent disability pension through the California Public Employees’ Retirement System (CalPERS)System. In consideration of this benefit, the Regular employee shall pay over to the City any temporary or permanent disability compensation received, whether from Workers’ Compensation, employee group health and welfare insurance benefits or unemployment compensation benefits provided for under State law, and shall affirmatively assist the City in obtaining any such benefits to which the employee may be entitled but has not yet received arising out of such disability, but such payment from the employee to the City from such sources shall not exceed in amount the supplemental benefits paid to the employee by the City in accordance with the provisions of this paragraph. Whenever any employee is released for light duty work and such employee declines such light duty employment, the employee will thereby waive any and all rights to supplemental benefits for industrial injury as set forth above. Whenever there is reason to suspect any employee of abusing the employee’s rights to workers’ compensation benefits, the parties shall cooperate in controlling such employee abuse. (b) An employee who is absent by reason of industrial disability may be returned to work by the City and given temporary light duties within the employee’s ability to perform, with the consent of the employee’s physician. The duration of any such period of temporary work shall be determined by City. Such employee shall be compensated at the then current rate of pay of the employee’s regular classification while engaged in such temporary duties. An employee engaged in such temporary duties shall be eligible for overtime compensation at the discretion of City management and where such duties necessitating overtime compensation are consistent with any applicable work restrictions for the employee. Employees engaged in such temporary duties who are eligible for overtime compensation as provided in this Section are not covered by the provisions of Section 9.10 of this Agreement. The City may require an employee being considered for return to work after an absence caused by disability or illness to submit to a medical examination by a physician or physicians approved by City for the purpose of determining that such employee is physically and mentally fit and able to perform the duties of the employee’s position without hazard to the employee, or to the employee’s fellow employees, or to the employee’s own permanent health.

DISABILITY AND UNEMPLOYMENT. 6.1(a) Supplemental Benefits for Industrial Injury: Whenever any Regular employee, who has completed their initial probationary period, and who is a member of the California Public Employees’ Retirement System (CalPERS) is disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of the employee’s duties, which comes within the application of the Workers’ Compensation and Insurance Chapters of the State Labor Code, the employee shall become entitled to compensation at the rate of eighty-five percent (85%) of the employee’s regular salary, in lieu of temporary disability payments, if any, which would be payable under the State Labor Code, for the period of such disability but not exceeding six (6) months, or until such earlier date as the employee is retired on permanent disability pension. At the conclusion of six (6) months of receipt of supplemental benefits at the rate of eighty-five percent (85%) of regular salary, any Regular employee who is still unable to return to work and is still receiving temporary disability indemnity payments shall become entitled to receive supplemental benefits at the rate of seventy percent (70%) of the employee’s regular salary for the period of such disability but not exceeding six (6) months or until such earlier date as the employee is retired on permanent disability pension through the California Public Employees’ Retirement System (CalPERS)System. In consideration of this benefit, the Regular employee shall pay over to the City any temporary or permanent disability compensation received, whether from Workers’ Compensation, employee group health and welfare insurance benefits or unemployment compensation benefits provided for under State law, and shall affirmatively assist the City in obtaining any such benefits to which the employee may be entitled but has not yet received arising out of such disability, but such payment from the employee to the City from such sources shall not exceed in amount the supplemental benefits paid to the employee by the City in accordance with the provisions of this paragraph. Whenever any employee is released for light duty work and such employee declines such light duty employment, the employee will thereby waive any and all rights to supplemental benefits for industrial injury as set forth above. Whenever there is reason to suspect any employee of abusing the employee’s rights to workers’ compensation benefits, the parties shall cooperate in controlling such employee abuse.

DISABILITY AND UNEMPLOYMENT. 6.1(a) Supplemental Benefits for Industrial Injury: Whenever any Regular employee, who has completed their initial probationary period, and who is a member of the California Public Employees’ Retirement System (CalPERS) is disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of the employee’s duties, which comes within the application of the Workers’ Compensation and Insurance Chapters of the State Labor Code, the employee shall become entitled to compensation at the rate of eighty-five percent (85%) of the employee’s regular salary, in lieu of temporary disability payments, if any, which would be payable under the State Labor Code, for the period of such disability but not exceeding six (6) months, or until such earlier date as the employee is retired on permanent disability pension. At the conclusion of six (6) months of receipt of supplemental benefits at the rate of eighty-five percent (85%) of regular salary, any Regular employee who is still unable to return to work and is still receiving temporary disability indemnity payments shall become entitled to receive supplemental benefits at the rate of seventy percent (70%) of the employee’s regular salary for the period of such disability but not exceeding six (6) months or until such earlier date as the employee is retired on permanent disability pension through the California Public Employees’ Retirement System (CalPERS)System. In consideration of this benefit, the Regular employee shall pay over to the City any temporary or permanent disability compensation received, whether from Workers’ Compensation, employee group health and welfare insurance benefits or unemployment compensation benefits provided for under State law, and shall affirmatively assist the City in obtaining any such benefits to which the employee may be entitled but has not yet received arising out of such disability, but such payment from the employee to the City from such sources shall not exceed in amount the supplemental benefits paid to the employee by the City in accordance with the provisions of this paragraph. Whenever any employee is released for light duty work and such employee declines such light duty employment, the employee will thereby waive any and all rights to supplemental benefits for industrial injury as set forth above. Whenever there is reason to suspect any employee of abusing the employee’s rights to workers’ compensation benefits, the parties shall cooperate in controlling such employee abuse.. (Amended 9/20/11)