Disability Leave. a. An employee who has suffered possible injury in the performance of assigned duties shall immediately undergo such medical examination as the appointing authority deems necessary. He or she shall not be considered absent from duty during the time required for such examination. b. A regular employee who is unable to perform any appropriate work assignment because of disability incurred in the performance of assigned duties shall be entitled to the following disability leave benefits, in addition to those provided pursuant to the California Worker's Compensation Insurance Act. (1) During any period of disability for which payment is not provided under Worker's Compensation Insurance, the employee shall be placed on disability leave with pay to the extent of any leave with pay which he or she has accrued. Such disability leave with pay shall be charged against the employee's accrued leave with pay. (2) During any period of disability for which payment is provided under Worker's Compensation Insurance, the employee shall elect either: (a) Retain any Workers' Compensation Benefits received during the pay period and receive full pay. The employee shall use their accrued sick leave, vacation CTO and HIL on an hour- for-hour basis to cover all hours the employee is absent from duty due to the work-related disability during the applicable pay period. Or, (b) Retain any Workers' Compensation Benefits received during the pay period and receive a partial paycheck in an amount so that the partial pay and the Workers' Compensation Benefits added together are equivalent to the employee's full pay. The employee shall use their accrued sick leave, vacation, CTO, and HIL in an amount equal to one-half of the number of hours the employee was absent from work during the pay period due to the work-related disability. If, however, the amount of the Workers' Compensation Benefits is subtracted from the employee's full pay for the time off due to the disability, and the remainder is less than one-half of the amount of such full pay, then only the number of leave balance hours necessary to equal that remainder shall be charged. (3) The choice of either (2)(a) or (2)(b) above shall be an irrevocable choice for the duration of the disability leave resulting from the work- related injury. However, if the employee returns to work for a period of at least thirty (30) calendar days, the employee may again elect to choose either option b.(2)(a) or b.(2)(b) for any subsequent disability leave taken as a result of (or relating to) the same injury. c. All disability leave provisions of this section shall terminate when the employee uses all accrued sick leave, vacation, CTO or HIL balances, or upon the date of the employee's recovery from disability, receipt of permanent disability under Workers' Compensation Insurance, retirement, termination from County employment, or death.
Appears in 6 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Disability Leave. a. An employee who has suffered possible injury in the performance of assigned duties shall immediately undergo such medical examination as the appointing authority deems necessary. He or He/she shall not be considered absent from duty during the time required for such examination.
b. A regular employee who is unable to perform any appropriate work assignment because of disability incurred in the performance of assigned duties shall be entitled to the following disability leave benefits, in addition to those provided pursuant to the California Worker's Compensation Insurance Act.
(1) During any period of disability for which payment is not provided under Workerworker's Compensation Insurancecompensation insurance, the employee shall be placed on disability leave with pay to the extent of any leave with pay which he or he/she has accrued. Such disability leave with pay shall be charged against the employee's accrued leave with pay.
(2) During any period of disability for which payment is provided under Workerworker's Compensation Insurancecompensation insurance, the employee shall elect to either:
(a) Retain any Workers' Compensation Benefits worker's compensation benefits received during the pay period and receive full pay. The employee shall use their accrued sick leave, vacation CTO vacation, CTO, and HIL on an hour- for-hour basis to cover all hours the employee is absent from duty due to the work-related disability during the applicable pay period. Or,
(b) Retain any Workers' Compensation Benefits worker's compensation benefits received during the pay period and receive a partial paycheck in an amount so that the partial pay and the Workers' Compensation Benefits worker's compensation benefits added together are equivalent to the employee's full pay. The employee shall use their accrued sick leave, vacation, CTO, and HIL in an amount equal to one-half of the number of hours the employee was absent from work during the pay period due to the work-related disability. If, however, the amount of the Workersworkers' Compensation Benefits compensation benefits is subtracted from the employee's full pay for the time off due to the disabilitydisabil- ity, and the remainder is less than one-half of the amount of such full pay, then only the number of leave balance hours necessary to equal that remainder shall be charged.
(3) The choice of either (2)(a) or (2)(b) above shall be an irrevocable choice for the duration of the disability leave resulting from the work- related injury. However, if the employee returns to work for a period of at least thirty (30) calendar days, the employee may again elect to choose either option b.(2)(a) or b.(2)(b) for any subsequent disability leave taken as a result of (or relating to) the same injury.
c. All disability leave provisions of this section shall terminate when the employee uses all accrued sick leave, vacation, CTO or HIL balances, or upon the date of the employee's recovery from disability, receipt of permanent disability under Workers' Compensation Insuranceworker's compensation insurance, retirement, termination from County employment, employment or death.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Disability Leave. a. An employee who has suffered possible injury in the performance of assigned duties shall immediately undergo such medical examination as the appointing authority deems necessary. He or she shall not be considered absent from duty during the time required for such examination.
b. A regular employee who is unable to perform any appropriate work assignment because of disability incurred in the performance of assigned duties shall be entitled to the following disability leave benefits, in addition to those provided pursuant to the California Worker's Compensation Insurance Act.
(1) During any period of disability for which payment is not provided under Worker's Workers Compensation Insurance, the employee shall be placed on disability leave with pay to the extent of any leave with pay which he or she has accrued. Such disability leave with pay shall be charged against the employee's accrued leave with pay.;
(2) During any period of disability for which payment is provided under Worker's Compensation Insurance, Insurance the employee shall elect either:
(a) Retain any Workers' Compensation Benefits worker's compensation benefits received during the pay period and receive full pay. The employee shall use their accrued sick leave, vacation vacation, CTO and HIL on an hour- for-hour basis to cover all hours the employee is absent from duty due to the work-related disability during the applicable pay period. Or,
(b) Retain any Workers' Compensation Benefits worker's compensation benefits received during the pay period and receive a partial paycheck in an amount so that the partial pay and the Workers' Compensation Benefits worker's compensation benefits added together are equivalent to the employee's full pay. The employee shall use their accrued sick leave, vacation, CTO, and HIL HIL, in an amount equal to one-half of the number of hours the employee was absent from work during the pay period due to the work-related disability. If, however, the amount of the Workersworkers' Compensation Benefits compensation benefits is subtracted from the employee's full pay for the time off due to the disability, and the remainder is less than one-half of the amount of such full pay, then only the number of leave balance hours necessary to equal that remainder shall be charged.
(3c) The choice of either (2)(a) or (2)(b) above shall be an irrevocable choice for All the duration of the disability leave resulting from the work- related injury. However, if the employee returns to work for a period of at least thirty (30) calendar days, the employee may again elect to choose either option b.(2)(a) or b.(2)(b) for any subsequent disability leave taken as a result of (or relating to) the same injury.
c. All disability leave provisions of this section shall terminate when the employee uses all accrued sick leave, vacation, CTO or HIL balances, or upon the date of the employee's recovery from disability, receipt of permanent disability under Workers' Worker's Compensation Insurance, retirement, termination from County employment, employment or death.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Disability Leave. a. An employee who has suffered possible Employees may be granted paid disability leave, based on the following circumstances, terms and conditions. The purpose of providing these programs of paid disability leave is to ensure that employees have reasonable and equitable provisions concerning their job and economic security.
A. Work related temporary disability. If a regular employee, other than those entitled to benefits under Section 4850 et seq. of the California Labor Code, is temporarily disabled by injury or illness arising out of and in the performance course of performing assigned duties job duties, the employee shall immediately undergo such medical examination become entitled to a leave of absence while so disabled without loss of salary, less workers' compensation disability payments, for up to seventy-five (75) calendar days, commencing upon the first calendar day after the injured employee leaves work as a result of the appointing authority deems necessaryinjury. He or she shall not be considered absent from duty during the time required for such examination.
b. A regular employee who is unable to perform any appropriate work assignment because of disability incurred in the performance of assigned duties Correctional Officers and Correctional Supervisor shall be entitled to the following disability leave benefits, in addition up to those provided pursuant to the California Worker's Compensation Insurance Actone hundred (100) calendar days.
B. Following the initial seventy-five (175) During any period days of temporary disability (100 days for which payment is not provided under Worker's Compensation Insurancecorrectional staff), the an eligible employee shall be placed on may supplement their temporary disability payments with available leave with pay to the extent of any leave with pay which he or she has accrued. Such disability leave with pay shall be charged against the employee's accrued leave with pay.
balances (2) During any period of disability for which payment is provided under Worker's Compensation Insurancei.e., the employee shall elect either:
(a) Retain any Workers' Compensation Benefits received during the pay period and receive full pay. The employee shall use their accrued vacation, sick leave, vacation CTO and HIL on until such balances are exhausted (up to twelve (12) months).
C. During the time of work related disability, an hour- for-hour basis eligible employee will continue to cover all hours accrue the employee is absent from duty due normal leave, i.e., vacation, sick leave, until such time as their leave balances have been exhausted (up to twelve (12) months).
D. During the work-period of time of work related disability during disability, the applicable pay period. Or,
(b) Retain any Workers' Compensation Benefits received during the pay period and receive a partial paycheck in an amount so that the partial pay and the Workers' Compensation Benefits added together are equivalent City will continue to contribute its share to the employee's full payhealth and dental plan until such time as all leave balances are exhausted (up to twelve (12) months).
E. Employees who are found to abuse or fraudulently use the privilege and benefits of the temporary disability program as prescribed above shall be subject to disciplinary action, including termination from City service. The employee exercising these temporary disability provisions shall use their accrued sick leave, vacation, CTO, be required to provide the department head and HIL in an amount equal to one-half Human Resources Director with a copy of the number of hours the employee was absent from work during the pay period due to the work-related disability. Ifattending physician's report, however, the amount which shall contain a description of the Workers' Compensation Benefits is subtracted from the employee's full pay for the time off due to nature and anticipate duration of the disability, and the remainder is less than one-half employee shall keep the department head and Human Resources Director apprised of the amount of such full pay, then only medical condition at intervals prescribed by the number of leave balance hours necessary to equal that remainder shall be chargedHuman Resources Director.
(3) The choice F. Employees subject to the provisions of either (2)(a) or (2)(b) above shall be an irrevocable choice for the duration Section 4850 et seq. of the California Labor Code shall not have any portion of their work related disability leave resulting from the work- related injury. However, if the employee returns to work for a period of at least thirty (30) calendar days, the employee may again elect to choose either option b.(2)(a) or b.(2)(b) for any subsequent disability leave taken as a result of (or relating to) the same injury.
c. All disability leave provisions of this section shall terminate when the employee uses all charged against accrued sick leave, vacation, CTO or HIL balances, or upon the date of the employee's recovery from disability, receipt of permanent disability under Workers' Compensation Insurance, retirement, termination from County employment, or death.
Appears in 4 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding
Disability Leave. a. An employee who has suffered possible injury in In the performance of assigned duties shall immediately undergo such medical examination as the appointing authority deems necessary. He or she shall not be considered absent from duty during the time required event any worker is disabled and is eligible for such examination.
b. A regular employee who is unable to perform any appropriate work assignment because of disability incurred in the performance of assigned duties shall be entitled to the following disability leave benefits, in addition to those provided pursuant to the California Worker's Workers’ Compensation Insurance Act.
(1) During any period of disability for which payment is not provided under Worker's Compensation or State Disability Insurance, the employee he / she shall be placed on disability leave with as provided below:
A. WORK-CONNECTED DISABILITY BENEFITS
1. A work-connected disability is an injury or illness which is sustained by a worker while performing his / her assigned job, and which prevents the worker from performing his / her assigned job. Any worker who loses time from work because of a work-connected injury or illness will, upon the recommendation of the attending physician, be excused from work for up to five working days without loss of base pay for all scheduled straight time work periods as more specifically provided in the remainder of this paragraph. If the worker is required by the attending physician to be absent from work for more than five working days, the worker is compensated for time lost through Workers’ Compensation benefits. Workers’ Compensation benefits start on the fourth day of illness or disability, unless hospitalized, in which case they start on the day of hospitalization, and remain in effect until the worker can return to work, or until long-term disability payments take over. When a worker is absent for more than three (3) work days, the University will contact the disability vendor to apply for FMLA leave on the employee’s behalf.
2. During the period of disability in which the worker receives Workers’ Compensation benefits, the University pays the difference between the Workers’ Compensation benefits and base pay during the first five working days of disability and thereafter to the extent of that the worker has accrued sick leave. The University automatically uses a worker’s accrued sick leave to supplement any disability payments and maintain the worker’s regular salary. The worker may request in writing that Stanford not use his / her accrued leave with pay which he time to supplement any disability payments.
3. A worker who exhausts his / her accrued sick leave before or she has accrued. Such during a disability leave with may use accrued Personal Time Off, Floating Holiday and vacation in the same manner as sick leave, to continue partial pay payments during the absence. If all accrued leave time is used up before the worker returns to work or is placed on long-term disability insurance payments, payments from the University for leave time will cease.
4. The worker’s accrued leave time shall be charged against the employee's accrued leave only with pay.
(2) During any period of disability for which payment is provided under Worker's Compensation Insurance, the employee shall elect either:
(a) Retain any Workers' Compensation Benefits received during the pay period and receive full pay. The employee shall use their accrued sick leave, vacation CTO and HIL on an hour- for-hour basis to cover all hours the employee is absent from duty due to the work-related disability during the applicable pay period. Or,
(b) Retain any Workers' Compensation Benefits received during the pay period and receive a partial paycheck in an amount so that the partial pay and the Workers' Compensation Benefits added together are equivalent to the employee's full pay. The employee shall use their accrued sick leave, vacation, CTO, and HIL in an amount equal to one-half of the number of hours needed to bring the employee was absent from work during the worker to 100% of base pay.
B. STATE DISABILITY INSURANCE A worker who is eligible for State Disability Insurance (SDI) may not draw sick leave pay period due to the work-related disability. If, however, the in an amount in excess of the Workers' Compensation Benefits is subtracted from difference between the employee's full maximum allowable SDI benefit available to him/her and his / her base pay for the time off due to the period of disability, and the remainder is less than one-half of the amount of such full pay, then . The worker’s sick leave credit shall be charged only with the number of hours equivalent to sick leave balance hours necessary payments to equal that remainder shall be chargedthe worker.
(3) The choice of either (2)(a) or (2)(b) above shall be an irrevocable choice for the duration of the disability leave resulting from the work- related injury. However, if the employee returns to work for a period of at least thirty (30) calendar days, the employee may again elect to choose either option b.(2)(a) or b.(2)(b) for any subsequent disability leave taken as a result of (or relating to) the same injury.
c. All disability leave provisions of this section shall terminate when the employee uses all accrued sick leave, vacation, CTO or HIL balances, or upon the date of the employee's recovery from disability, receipt of permanent disability under Workers' Compensation Insurance, retirement, termination from County employment, or death.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Disability Leave. a. An employee who has suffered possible injury in the performance of assigned duties shall immediately undergo such medical examination as the appointing authority deems necessary. He or she shall not be considered absent from duty during the time required for such examination.
b. A regular employee who is unable to perform any appropriate work assignment because of disability incurred in the performance of assigned duties shall be entitled to the following disability leave benefits, in addition to those provided pursuant to the California Worker's Compensation Insurance Act.:
(1) During any period of disability for which payment is not provided under Worker's Compensation Insurance, the employee shall be placed on disability leave with pay to the extent of any leave with pay which he or she has accrued. Such disability leave with pay shall be charged against the employee's accrued leave with pay.;
(2) During any period of disability for which payment is provided under Worker's Compensation Insurance, the employee shall elect to either:
(a) Retain any Workers' Compensation Benefits worker's compensation benefits received during the pay period and receive full pay. The employee shall use their accrued sick leave, vacation CTO vacation, CTO, and HIL on an hour- for-hour basis to cover all hours the employee is absent from duty due to the work-related disability during the applicable pay period. Or,
(b) Retain any Workers' Compensation Benefits worker's compensation benefits received during the pay period and receive a partial paycheck in an amount so that the partial pay and the Workers' Compensation Benefits worker's compensation benefits added together are equivalent to the employee's full pay. The employee shall use their accrued sick leave, vacation, CTO, and HIL in an amount equal to one-half of the number of hours the employee was absent from work during the pay period due to the work-related disability. If, however, the amount of the Workers' Compensation Benefits worker’s compensation benefits is subtracted from the employee's full pay for the time off due to the disability, and the remainder is less than one-half of the amount of such full pay, then only the number of leave balance hours necessary to equal that remainder shall be charged.
(3) The choice of either (2)(a) or (2)(b) above shall be an irrevocable choice for the duration of the disability leave resulting from the work- related injury. However, if the employee returns to work for a period of at least thirty (30) calendar days, the employee may again elect to choose either option b.(2)(a) or b.(2)(b) for any subsequent disability leave taken as a result of (or relating to) the same injury.
c. All disability leave provisions of this section shall terminate when the employee uses all accrued sick leave, vacation, CTO or HIL balances, or upon the date of the employee's recovery from disability, receipt of permanent disability under Workers' Worker's Compensation Insurance, retirement, termination from County employment, employment or death.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Disability Leave. a. An employee who has suffered possible injury in the performance of assigned duties shall immediately undergo such medical examination as the appointing authority deems necessary. He or He/she shall not be considered absent from duty during the time required for such examination.
b. A regular employee who is unable to perform any appropriate work assignment because of disability incurred in the performance of assigned duties shall be entitled to the following disability leave benefits, in addition to those provided pursuant to the California Worker's Compensation Insurance Act.
(1) During any period of disability for which payment is not provided under Worker's Compensation Insurance, the employee shall be placed on disability leave with pay to the extent of any leave with pay which he or he/she has accrued. Such disability leave with pay shall be charged against the employee's accrued leave with pay.
(2) During any period of disability for which payment is provided under Worker's Compensation Insurance, the employee shall elect to either:
(a) Retain any Workers' Compensation Benefits worker's compensation benefits received during the pay period and receive full pay. The employee shall use their accrued sick leave, vacation CTO and HIL on an hour- for-hour basis to cover all hours the employee is absent from duty due to the work-related disability during the applicable pay period. Or,
(b) Retain any Workers' Compensation Benefits worker's compensation benefits received during the pay period and receive a partial paycheck in an amount so that the partial pay and the Workers' Compensation Benefits worker's compensation benefits added together are equivalent to the employee's full pay. The employee shall use their his/her accrued sick leave, vacation, CTO, and HIL in an amount equal to one-half of the number of hours the employee was absent from work during the pay period due to the work-related disability. If, however, the amount of the Workers' Compensation Benefits worker's compensation benefits is subtracted from the employee's full pay for the time off due to the disability, and the remainder is less than one-half of the amount of such full pay, then only the number of leave balance hours necessary to equal that remainder shall be charged.
(3c) The choice of either (2)(a) or (2)(b) above shall be an irrevocable choice for the duration of the disability leave resulting from the work- related injury. However, if the employee returns to work for a period of at least thirty (30) calendar days, the employee may again elect to choose either option b.(2)(a) or b.(2)(b) for any subsequent disability leave taken as a result of (or relating to) the same injury.
c. All disability leave provisions of this section shall terminate when the employee uses all accrued sick leave, vacation, CTO or HIL balances, or upon the date of the employee's recovery from disability, receipt of permanent disability under Workers' Worker's Compensation Insurance, retirement, termination from County employment, employment or death.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Disability Leave. a. An employee A physical or mentally incapacitated Employee who has suffered possible injury in completed the probationary period may request a disability leave. A disability leave for a period not to exceed six (6) months may be granted when the disability continues beyond accumulated sick leave and/or vacation leave rights or beyond the period of a personal leave for medical reasons, provided the Employee furnishes satisfactory medical proof of such disability along with the written request, and is:
1. Hospitalized or institutionalized;
2. On a period of convalescence following hospitalization or institutionalization authorized by a physician at the hospital or institution; or
3. Declared incapacitated for the performance of assigned the duties shall immediately undergo of the Employee’s position by a licensed physician designated by the Employer. It is the Employee’s responsibility to request a disability leave since such medical examination as leave is not granted automatically when the appointing authority deems necessary. He or she shall not be considered absent from duty during the time required for such examinationEmployee’s sick leave has expired.
b. A regular employee a. Employees who is unable to perform any appropriate work assignment because have used all of disability incurred in the performance of assigned duties shall be entitled to the following disability leave benefits, in addition to those provided pursuant to the California Worker's Compensation Insurance Act.
(1) During any period of disability for which payment is not provided under Worker's Compensation Insurance, the employee shall be placed on disability leave with pay to the extent of any leave with pay which he or she has accrued. Such disability leave with pay shall be charged against the employee's accrued leave with pay.
(2) During any period of disability for which payment is provided under Worker's Compensation Insurance, the employee shall elect either:
(a) Retain any Workers' Compensation Benefits received during the pay period and receive full pay. The employee shall use their accrued sick leave, vacation CTO leave, personal leave, compensatory time and HIL on any other form of paid leave and who remain incapacitated from the performance of their duties shall request disability leave.
b. Employees who are approaching the termination of an hour- for-hour basis unpaid leave of absence, and who may qualify for disability leave shall receive a notice from the Employer at least ten (10) calendar days before the expiration of the unpaid leave. This notice shall set forth the Employee’s requirement to cover all secure a form of leave. This notice shall also include the Employee’s leave options and a description of the total hours the employee is absent from duty due of unpaid leave remaining. Said notice shall be delivered to the work-related disability during Employee’s last known address. A copy of the applicable pay period. Or,
(b) Retain any Workers' Compensation Benefits received during the pay period and receive a partial paycheck in an amount so that the partial pay and the Workers' Compensation Benefits added together are equivalent notice shall also be delivered to the employee's full payUnion. The employee shall use their accrued sick leave, vacation, CTO, and HIL in an amount equal to one-half family member or Union representative of a seriously ill or injured Employee may submit a leave request on behalf of the number of hours the employee was absent from work during the pay period due to the work-related disabilityEmployee. If, however, the amount Failure of the Workers' Compensation Benefits is subtracted from Employee or representative of the employee's full pay for Employee to timely submit a leave request, once notified to do so, may place the time off due to the disabilityEmployee in absent without leave status, and the remainder is less than one-half of the amount of such full pay, then only the number of leave balance hours necessary Employee may be deemed to equal that remainder shall be charged.
(3) The choice of either (2)(a) or (2)(b) above shall be an irrevocable choice for the duration of the disability leave resulting have voluntarily resigned from the work- related injurydepartment. However, if the employee returns An Employee who is able to work for shall furnish a period of at least thirty (30) calendar days, statement by the employee may again elect Employee’s attending physician certifying the Employee is able to choose either option b.(2)(a) or b.(2)(b) for any subsequent disability leave taken as a result of (or relating to) the same injuryreturn to work.
c. All disability leave provisions of this section shall terminate when the employee uses all accrued sick leave, vacation, CTO or HIL balances, or upon the date of the employee's recovery from disability, receipt of permanent disability under Workers' Compensation Insurance, retirement, termination from County employment, or death.
Appears in 2 contracts
Disability Leave. a. A. An employee who has suffered possible injury in completed his/her probationary period and thereafter becomes physically or mentally incapacitated may request unpaid Disability Leave. A Disability Leave for a period not to exceed one (1) year shall be granted when the disability continues beyond paid leave rights provided the employee furnished satisfactory medical proof of such disability along with his/her request, and is:
1. Hospitalized or institutionalized;
2. On a period of convalescence following hospitalization or institutionalization prescribed by a physician at the hospital or institution; or
3. Declared incapacitated for the performance of assigned the duties of his/her position by a licensed physician. It is the employee’s responsibility to request a Disability Leave since such leave is not granted automatically when the employee’s paid leave has expired. When an employee is ready to return to work, he/she shall immediately undergo such furnish a statement by a physician releasing the employee as able to return to work. If, due to the nature of the employee’s work and/or illness or injury, the physician’s statement contains restrictions on the employee’s activity, the Employer shall provide, dependent upon the needs of the Agency and position, the employee with light duty or reduced hours of work in accordance with the restriction until the employee is able to resume the full duties of his/her position, or for a period of sixty (60) calendar days, whichever is less. The Employer may require that an employee submit to another examination to determine the employee’s ability to return to work. The person designated to do the examination shall be selected in accordance with the procedure set forth in part B of this Section. Should the second examiner determine that the employee is not able to return to work, then that employee may be continued on Disability Leave for the balance of the one (1) year permitted for Disability Leave, or, if that time has expired, the employee may be terminated. If the second examiner determines that the employee is able to return to work with restrictions as described above, then the same procedure and time limits heretofore described shall apply.
B. The Employer may require that an employee submit to a medical examination as in order to determine the appointing authority deems necessaryemployee’s capability to perform the substantial and material duties for the employee’s position, or to perform the duties of a position for which the employee is reasonably suited to perform based on the employee’s education, training, or experience. He Such examination shall be conducted by a licensed physician of the Employer’s choice. The Employer must supply the examining physician with facts relating to the perceived disabling illness, injury, or she condition. Additional information may include physical and mental requirements of the employee’s position; duty statements, job classification specifications; and position description. The cost of the medical examination shall not be considered absent from duty during paid by the time required for such examination.
b. A regular Employer. An employee who is found to be unable to perform any appropriate work assignment because the substantial and material duties of disability incurred in the performance of assigned duties shall be entitled to the following disability leave benefits, in addition to those provided pursuant to the California Worker's Compensation Insurance Act.
(1) During any period of disability for which payment is not provided under Worker's Compensation Insurance, the employee his/her position by such physician shall be placed on disability leave with pay to the extent of any leave with pay which he or she has accrued. Such disability leave with pay shall be charged against the employee's accrued leave with payDisability Leave as described in part A above.
(2) During any period of disability for which payment is provided under Worker's Compensation Insurance, the employee shall elect either:
(a) Retain any Workers' Compensation Benefits received during the pay period and receive full pay. The employee shall use their accrued sick leave, vacation CTO and HIL on an hour- for-hour basis to cover all hours the employee is absent from duty due to the work-related disability during the applicable pay period. Or,
(b) Retain any Workers' Compensation Benefits received during the pay period and receive a partial paycheck in an amount so that the partial pay and the Workers' Compensation Benefits added together are equivalent to the employee's full pay. The employee shall use their accrued sick leave, vacation, CTO, and HIL in an amount equal to one-half of the number of hours the employee was absent from work during the pay period due to the work-related disability. If, however, the amount of the Workers' Compensation Benefits is subtracted from the employee's full pay for the time off due to the disability, and the remainder is less than one-half of the amount of such full pay, then only the number of leave balance hours necessary to equal that remainder shall be charged.
(3) The choice of either (2)(a) or (2)(b) above shall be an irrevocable choice for the duration of the disability leave resulting from the work- related injury. However, if the employee returns to work for a period of at least thirty (30) calendar days, the employee may again elect to choose either option b.(2)(a) or b.(2)(b) for any subsequent disability leave taken as a result of (or relating to) the same injury.
c. All disability leave provisions of this section shall terminate when the employee uses all accrued sick leave, vacation, CTO or HIL balances, or upon the date of the employee's recovery from disability, receipt of permanent disability under Workers' Compensation Insurance, retirement, termination from County employment, or death.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Disability Leave. a. An SECTION 13.1 Any employee who has suffered possible injury in the performance of assigned duties shall immediately undergo such medical examination absent as the appointing authority deems necessaryresult of a job-related illness or injury and who receives compensation under the Workers’ Compensation Law of the State of Ohio shall receive only that portion of his regular salary at the time the injury is sustained. He In the event that time off from work is required, they may be offered Salary Continuation in lieu of other forms of compensation under the Workers’ Compensation Law, provided the City’s procedures for injury reporting, compliance and documentation are followed. This documentation will include, but not limited to, completing a City accident/injury by end of day/end of shift, or she as soon as practicable if extenuating circumstances prevent the employee from complying with the filing requirement. This report will be filed with Human Resources, as well as the person’s direct manager and/or Department Head. All cases will be dealt with on an individual basis, and the City’s decision on each case will be made without prejudice or precedence.
SECTION 13.2 Any employee receiving compensation under Workers’ Compensation who reimburses the Employer for an amount the Employer paid, pursuant to Section 1 of this Article, shall not be considered charged sick leave for any time he/she shall be absent because of such job-related illness or injury. In the event that the BWC determines that the injury is not employment-related or the claim is disallowed, any time the employee has been absent from duty work shall be deducted from their appropriate earned leave balances, or if none are available, will be considered unpaid leave. The time spent on leave shall also be counted under the person’s Family and Medical Leave Act (FMLA) allotment if such leave also qualifies under the FMLA.
SECTION 13.3 The Employer’s payment to an employee under Section 13.1 shall continue during the time required the employee is receiving payments under the Workers Compensation Law, but in no event for such examination.
b. A regular more than six (6) months from the date of injury. Thereafter, any employee who unable to return to work may, at his/her option, use his/her accrued sick and vacation leave. If an employee is unable to perform any appropriate return to work assignment because or if he/she could demonstrate a need for a further leave of disability incurred in absence, with or without pay, the performance of assigned duties shall be entitled to the following disability leave benefitsMayor, in addition her discretion may grant a leave of absence, with or without pay, for a period not to those provided pursuant to exceed three (3) years. At the California Worker's Compensation Insurance Act.
(1) During any period completion of disability for which payment is not provided under Worker's Compensation Insurancethe leave, the employee shall be placed on disability leave with pay permitted to the extent return to active duty without any loss of any leave with pay which he or she has accrued. Such disability leave with pay shall be charged against the employee's accrued leave with payseniority.
(2) During any period of disability for which payment is provided under Worker's Compensation Insurance, the employee shall elect either:
(a) Retain any Workers' Compensation Benefits received during the pay period and receive full pay. The employee shall use their accrued sick leave, vacation CTO and HIL on an hour- for-hour basis to cover all hours the employee is absent from duty due to the work-related disability during the applicable pay period. Or,
(b) Retain any Workers' Compensation Benefits received during the pay period and receive a partial paycheck in an amount so that the partial pay and the Workers' Compensation Benefits added together are equivalent to the employee's full pay. The employee shall use their accrued sick leave, vacation, CTO, and HIL in an amount equal to one-half of the number of hours the employee was absent from work during the pay period due to the work-related disability. If, however, the amount of the Workers' Compensation Benefits is subtracted from the employee's full pay for the time off due to the disability, and the remainder is less than one-half of the amount of such full pay, then only the number of leave balance hours necessary to equal that remainder shall be charged.
(3) The choice of either (2)(a) or (2)(b) above shall be an irrevocable choice for the duration of the disability leave resulting from the work- related injury. However, if the employee returns to work for a period of at least thirty (30) calendar days, the employee may again elect to choose either option b.(2)(a) or b.(2)(b) for any subsequent disability leave taken as a result of (or relating to) the same injury.
c. All disability leave provisions of this section shall terminate when the employee uses all accrued sick leave, vacation, CTO or HIL balances, or upon the date of the employee's recovery from disability, receipt of permanent disability under Workers' Compensation Insurance, retirement, termination from County employment, or death.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Disability Leave. a. An employee who has suffered possible injury in In the performance of assigned duties shall immediately undergo such medical examination as the appointing authority deems necessary. He or she shall not be considered absent from duty during the time required event any worker is disabled and is eligible for such examination.
b. A regular employee who is unable to perform any appropriate work assignment because of disability incurred in the performance of assigned duties shall be entitled to the following disability leave benefits, in addition to those provided pursuant to the California Worker's Workers’ Compensation Insurance Act.
(1) During any period of disability for which payment is not provided under Worker's Compensation or State Disability Insurance, the employee he / she shall be placed on disability leave with as provided below:
A. WORK-CONNECTED DISABILITY BENEFITS
1. A work-connected disability is an injury or illness which is sustained by a worker while performing their assigned job, and which prevents the worker from performing their assigned job. Any worker who loses time from work because of a work-connected injury or illness will, upon the recommendation of the attending physician, be excused from work for up to five working days without loss of base pay for all scheduled straight time work periods as more specifically provided in the remainder of this paragraph. If the worker is required by the attending physician to be absent from work for more than five working days, the worker is compensated for time lost through Workers’ Compensation benefits. Workers’ Compensation benefits start on the fourth day of illness or disability, unless hospitalized, in which case they start on the day of hospitalization, and remain in effect until the worker can return to work, or until long-term disability payments take over. When a worker is absent for more than three (3) work days, the University will contact the disability vendor to apply for FMLA leave on the employee’s behalf.
2. During the period of disability in which the worker receives Workers’ Compensation benefits, the University pays the difference between the Workers’ Compensation benefits and base pay during the first five working days of disability and thereafter to the extent of that the worker has accrued sick leave. The University automatically uses a worker’s accrued sick leave to supplement any disability payments and maintain the worker’s regular salary. The worker may request in writing that Stanford not use their accrued leave with pay which he time to supplement any disability payments.
3. A worker who exhausts their accrued sick leave before or she has accrued. Such during a disability leave with may use accrued Personal Time Off, Floating Holiday and vacation in the same manner as sick leave, to continue partial pay payments during the absence. If all accrued leave time is used up before the worker returns to work or is placed on long-term disability insurance payments, payments from the University for leave time will cease.
4. The worker’s accrued leave time shall be charged against the employee's accrued leave only with pay.
(2) During any period of disability for which payment is provided under Worker's Compensation Insurance, the employee shall elect either:
(a) Retain any Workers' Compensation Benefits received during the pay period and receive full pay. The employee shall use their accrued sick leave, vacation CTO and HIL on an hour- for-hour basis to cover all hours the employee is absent from duty due to the work-related disability during the applicable pay period. Or,
(b) Retain any Workers' Compensation Benefits received during the pay period and receive a partial paycheck in an amount so that the partial pay and the Workers' Compensation Benefits added together are equivalent to the employee's full pay. The employee shall use their accrued sick leave, vacation, CTO, and HIL in an amount equal to one-half of the number of hours needed to bring the employee was absent from work during the worker to 100% of base pay.
B. STATE DISABILITY INSURANCE A worker who is eligible for State Disability Insurance (SDI) may not draw sick leave pay period due to the work-related disability. If, however, the in an amount in excess of the Workers' Compensation Benefits is subtracted from difference between the employee's full maximum allowable SDI benefit available to them and their base pay for the time off due to the period of disability, and the remainder is less than one-half of the amount of such full pay, then . The worker’s sick leave credit shall be charged only with the number of hours equivalent to sick leave balance hours necessary payments to equal that remainder shall be chargedthe worker.
(3) The choice of either (2)(a) or (2)(b) above shall be an irrevocable choice for the duration of the disability leave resulting from the work- related injury. However, if the employee returns to work for a period of at least thirty (30) calendar days, the employee may again elect to choose either option b.(2)(a) or b.(2)(b) for any subsequent disability leave taken as a result of (or relating to) the same injury.
c. All disability leave provisions of this section shall terminate when the employee uses all accrued sick leave, vacation, CTO or HIL balances, or upon the date of the employee's recovery from disability, receipt of permanent disability under Workers' Compensation Insurance, retirement, termination from County employment, or death.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Disability Leave. a. A. An employee who has suffered possible injury is disabled may request and may be granted an unpaid disability leave of not more than twenty-six (26) consecutive weeks. The employee must have a reasonable expectation that she/he will return to work based on a physician’s statement in order to request disability leave.
B. With the performance of assigned duties shall immediately undergo such medical examination as the appointing authority deems necessary. He or she shall not be considered absent from duty during the time required application for such examination.
b. A regular employee who is unable leave, which shall specifically state the first day of the requested leave and the anticipated return to perform any appropriate work assignment because of disability incurred in the performance of assigned duties shall be entitled to the following disability leave benefits, in addition to those provided pursuant to the California Worker's Compensation Insurance Act.
(1) During any period of disability for which payment is not provided under Worker's Compensation Insurancedate, the employee shall be placed on submit medical verification of his/her disability which forms the basis for the requested leave with pay and the anticipated duration of the disability. The Library reserves the right to require a second opinion by a health care provider of the extent Library's choice and at the expense of any leave with pay which he or she has accruedthe Library. Such disability leave with pay Should the opinions disagree, a third health care provider selected by the employee’s and Library's health care providers shall be charged against appointed to conduct an examination and to resolve the dispute. This cost shall be paid by the employee's accrued leave with pay, and the Library shall reimburse the employee for one-half (1/2) his/her actual out-of-pocket expense for the third opinion.
(2) During any period of disability for which payment is provided under Worker's Compensation Insurance, the employee C. Disability leave shall elect either:
(a) Retain any Workers' Compensation Benefits received during the pay period and receive full pay. The employee shall use their accrued sick leave, vacation CTO and HIL on an hour- for-hour basis to cover all hours the employee is absent from duty due to the work-related disability during the applicable pay period. Or,
(b) Retain any Workers' Compensation Benefits received during the pay period and receive a partial paycheck in an amount so that the partial pay and the Workers' Compensation Benefits added together are equivalent not commence prior to the employee's full pay. The employee shall use their accrued exhaustion of accumulated sick leavetime, vacation, CTO, and HIL in an amount equal to one-half of the number of hours the employee was absent from work during the pay period due to the work-related disability. If, however, the amount of the Workers' Compensation Benefits is subtracted from the employee's full pay for the time off due to the disability, and the remainder is less than one-half of the amount of such full pay, then only the number of sick leave balance hours necessary to equal that remainder shall be charged.
(3) The choice of either (2)(a) or (2)(b) above shall be an irrevocable choice for the duration of the disability leave resulting from the work- related injury. Howeverbank, if the employee returns is eligible for sick leave bank, and all paid time off benefits (vacation and holiday compensatory time). However, upon prior written request to the Human Resources Manager, an employee may reserve up to forty (40) hours of his/her accrued vacation time (or pro-rated equivalent for part-time employees) for use following return from disability leave.
D. Prior to returning to work for from an approved disability leave, an employee must provide the Human Resources Manager with a period of at least thirty (30) calendar days, satisfactory statement from his/her treating healthcare provider confirming the employee may again elect employee’s release to choose either option b.(2)(a) or b.(2)(b) for work and specifying any subsequent disability leave taken as a result of (or relating to) work restrictions recommended by the same injuryhealthcare provider .
c. All disability leave provisions E. If the employee, for medical reasons, is unable to return to work on the anticipated return date, he/she shall within three (3) days of this section shall terminate when the employee uses all accrued sick leave, vacation, CTO or HIL balances, or upon the date learning of the employee's recovery from disabilityneed to delay his/her return to work date and in any event not less than three (3) days prior to his/her anticipated current return to work date, receipt give the Human Resources Manager written notice of permanent disability under Workers' Compensation Insurancea new anticipated return date which shall then be the "return to work date," subject to further review by the Library in accordance with B.1, retirement, termination from County employment, or deathabove. The "return to work date" shall in no event extend the leave to more than six (6) months.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Disability Leave. a. An employee who has suffered possible injury in the performance of assigned duties shall immediately undergo such medical examination examination, as the appointing authority Court Executive Officer deems necessary. He or He/she shall not be considered absent from duty during the time required for such examination.
b. A regular employee who is unable to perform any appropriate work assignment because of disability incurred in the performance of assigned duties shall be entitled to the following disability leave benefits, in addition to those provided pursuant to the California Worker's Compensation Insurance Act.
(1) During any period of disability for which payment is not provided under Worker's Compensation Insurance, the employee shall be placed on disability leave with pay to the extent of any leave with pay which he or he/she has accrued. Such disability leave with pay shall be charged against the employee's accrued leave with pay.
(2) During any period of disability for which payment is provided under Worker's Compensation Insurance, Insurance the employee shall elect to either:
(a) Retain any Workers' Worker's Compensation Benefits received during the pay period and receive full pay. The employee shall use their accrued sick leave, vacation CTO and HIL on an hour- hour-for-hour basis to cover all hours the employee is absent from duty due to the work-related disability during the applicable pay period. Or,
(b) Retain any Workers' Worker's Compensation Benefits received during the pay period and receive a partial paycheck in an amount so that the partial pay and the Workers' Worker's Compensation Benefits added together are equivalent to the employee's full pay. The employee shall use their accrued sick leave, vacation, CTO, and HIL in an amount equal to one-half of the number of hours the employee was absent from work during the pay period due to the work-related disability. If, however, the amount of the Workers' Compensation Benefits is subtracted from the employee's full pay for the time off due to the disability, and the remainder is less than one-half of the amount of such full pay, then only the number of leave balance hours necessary to equal that remainder shall be charged.
(3c) The choice of either (2)(a) or (2)(b) above shall be an irrevocable choice for the duration of the disability leave resulting from the work- related injury. However, if the employee returns to work for a period of at least thirty (30) calendar days, the employee may again elect to choose either option b.(2)(a) or b.(2)(b) for any subsequent disability leave taken as a result of (or relating to) the same injury.
c. All disability leave provisions of this section shall terminate when the employee uses all accrued sick leave, vacation, CTO or HIL balances, or upon the date of the employee's recovery from disability, receipt of permanent disability under Workers' Worker's Compensation Insurance, retirement, termination from County employment, Court employment or death.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Disability Leave. a. An employee who has suffered possible injury in the performance of assigned duties shall immediately undergo such medical examination as the appointing authority deems necessary. He or He/she shall not be considered absent from duty during the time required for such examination.
b. A regular employee who is unable to perform any appropriate work assignment because of disability incurred in the performance of assigned duties shall be entitled to the following disability leave benefits, in addition to those provided pursuant to the California Worker's Compensation Insurance Act.:
(1) During any period of disability for which payment is not provided under Workerworker's Compensation Insurancecompensation insurance, the employee shall be placed on disability leave with pay to the extent of any leave with pay which he or he/she has accrued. Such disability leave with pay shall be charged against the employee's accrued leave with pay.;
(2) During any period of disability for which payment is provided under Workerworker's Compensation Insurancecompensation insurance, the employee shall elect to either:
(a) Retain any Workers' Compensation Benefits worker's compensation benefits received during the pay period and receive full pay. The employee shall use their accrued sick leave, vacation vacation, CTO and HIL on an hour- for-hour basis to cover all hours the employee is absent from duty due to the work-related disability during the applicable pay period. Or,
(b) Retain any Workers' Compensation Benefits worker's compensation benefits received during the pay period and receive a partial paycheck in an amount so that the partial pay and the Workers' Compensation Benefits worker's compensation benefits added together are equivalent to the employee's full pay. The employee shall use their accrued sick leave, vacation, CTO, and HIL in an amount equal to one-half of the number of hours the employee was absent from work during the pay period due to the work-work- related disability. If, however, the amount of the Workers' Compensation Benefits worker's compensation benefits is subtracted from the employee's full pay for the time off due to the disability, and the remainder is less than one-half of the amount of such full pay, then only the number of leave balance hours necessary to equal that remainder shall be charged.
(3) The choice of either (2)(a) or (2)(b) above shall be an irrevocable choice for the duration of the disability leave resulting from the work- related injury. However, if the employee returns to work for a period of at least thirty (30) calendar days, the employee may again elect to choose either option b.(2)(a) or b.(2)(b) for any subsequent disability leave taken as a result of (or relating to) the same injury.
c. All disability leave provisions of this section shall terminate when the employee uses all accrued sick leave, vacation, CTO CTO, or HIL balances, or upon the date of the employee's recovery from disability, receipt of permanent disability under Workers' Compensation Insuranceworker's compensation insurance, retirement, termination from County employment, employment or death.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Disability Leave. a. An employee who has suffered possible injury in the performance of assigned duties shall immediately undergo such medical examination as the appointing authority deems necessary. He or she The employee shall not be considered absent from duty during the time required for such examination.
b. A regular employee who is unable to perform any appropriate work assignment because of disability incurred in the performance of assigned duties shall be entitled to the following disability leave benefits, in addition to those provided pursuant to the California Worker's Compensation Insurance Act.:
(1) During any period of disability for which payment is not provided under Workerworker's Compensation Insurancecompensation insurance, the employee shall be placed on disability leave with pay to the extent of any leave with pay which he or she the employee has accrued. Such disability leave with pay shall be charged against the employee's accrued leave with pay.
(2) During any period of disability for which payment is provided under Workerworker's Compensation Insurance, compensation insurance the employee shall elect to either:
(a) Retain any Workers' Compensation Benefits worker's compensation benefits received during the pay period and receive full pay. The employee shall use their accrued sick leave, vacation vacation, CTO and HIL on an hour- for-hour basis to cover all hours the employee is absent from duty due to the work-related disability during the applicable pay period. Or,
(b) Retain any Workers' Compensation Benefits worker's compensation benefits received during the pay period and receive a partial paycheck in an amount so that the partial pay and the Workers' Compensation Benefits worker's compensation benefits added together are equivalent to the employee's full pay. The employee shall use their accrued sick leave, vacation, CTO, and HIL in an amount equal to one-half of the number of hours the employee was absent from work during the pay period due to the work-related disability. If, however, the amount of the Workers' Compensation Benefits worker's compensation benefits is subtracted subtrac- xxx from the employee's full pay for the time off due to the disability, and the remainder is less than one-half of the amount of such full pay, then only the number of leave balance hours necessary to equal that remainder shall be charged.
(3) The choice of either (2)(a) or (2)(b) above shall be an irrevocable choice for the duration of the disability leave resulting from the work- related injury. However, if the employee returns to work for a period of at least thirty (30) calendar days, the employee may again elect to choose either option b.(2)(a) or b.(2)(b) for any subsequent disability leave taken as a result of (or relating to) the same injury.
c. All disability leave provisions of this section shall terminate when the employee uses all accrued sick leave, vacation, CTO or HIL balances, or upon the date of the employee's recovery from disability, receipt of permanent disability under Workers' Compensation Insuranceworker's compensation insurance, retirement, termination from County employment, employment or death.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Disability Leave. a. An employee who has suffered possible injury in the performance of assigned duties shall immediately undergo such medical examination as the appointing authority deems necessary. He or He/she shall not be considered absent from duty during the time required for such examination.
b. A regular employee who is unable to perform any appropriate work assignment because of disability incurred in the performance of assigned duties shall be entitled to the following disability leave benefits, in addition to those provided pursuant to the California Worker's Compensation Insurance Act.
(1) During any period of disability for which payment is not provided under Worker's Compensation Insurance, the employee shall be placed on disability leave with pay to the extent of any leave with pay which he or he/she has accrued. Such disability leave with pay shall be charged against the employee's accrued leave with pay.
(2) During any period of disability for which payment is provided under Worker's Compensation Insurance, the employee shall may elect either:
(a) Retain to receive disability leave with pay to the extent of any Workers' leave with pay which he/she has accrued, providing the Worker's Compensation Benefits received during the pay period and receive full pay. The employee shall use their accrued sick leave, vacation CTO and HIL on an hour- for-hour basis to cover all hours by the employee is absent from duty due are endorsed to the work-related disability during the applicable County. Under such circumstances, his/her accrued leave with pay period. Or,
(b) Retain any Workers' Compensation Benefits received during the pay period and receive a partial paycheck in an amount so that the partial pay and the Workers' Compensation Benefits added together are equivalent to the employee's full pay. The employee shall use their accrued sick leave, vacation, CTO, and HIL in an amount equal to be reduced by one-half day for each full day of the number of hours the employee was absent from work during the pay period due absence for which temporary Worker's Compensation Benefits are endorsed to the work-related disability. IfCounty.
c. When any member of this unit not otherwise covered by L.C. 4850, howeveris disabled, whether temporarily or permanently, by injury or illness arising out of and in the amount course of his/her duties, he/she shall become entitled, regardless of his/her period of service with the Workers' Compensation Benefits is subtracted from the employee's full pay County to a leave of absence while so disabled without loss of salary for the time off due to period of the disability, but not exceeding one year, or until that earlier date as he/she is retired on permanent disability pension, and the remainder is less than one-half of the amount of such full pay, then only the number of leave balance hours necessary to equal that remainder actually receiving disability pension payments. This payment shall be chargedsubject to taxes.
(3) The choice of either (2)(a) or (2)(b) above shall be an irrevocable choice for the duration of the disability leave resulting from the work- related injury. However, if the employee returns to work for a period of at least thirty (30) calendar days, the employee may again elect to choose either option b.(2)(a) or b.(2)(b) for any subsequent disability leave taken as a result of (or relating to) the same injury.
c. d. All disability leave provisions of this section shall terminate when the employee uses all accrued sick leave, vacation, CTO or HIL balances, or upon on the date of the employee's recovery from disability, receipt of permanent disability under Workers' Worker's Compensation Insurance, retirement, termination from County employment, or death.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Disability Leave. a. An employee who has suffered possible injury in the performance of assigned duties shall immediately undergo such medical examination as the appointing authority deems necessary. He or He/she shall not be considered absent from duty during the time required for such examination.
b. A regular employee who is unable to perform any appropriate work assignment because of disability incurred in the performance of assigned duties shall be entitled to the following disability leave benefits, in addition to those provided pursuant to the California Worker's Compensation Insurance Act.:
(1) During any period of disability for which payment is not provided under Workerworker's Compensation Insurancecompensation insurance, the employee shall be placed on disability leave with pay to the extent of any leave with pay which he or he/she has accrued. Such disability leave with pay shall be charged against the employee's accrued leave with pay.;
(2) During any period of disability for which payment is provided under Worker's Compensation Insurance, the employee shall elect to either:
(a) Retain any Workers' Compensation Benefits worker's compensation benefits received during the pay period and receive full pay. The employee shall use their accrued sick leave, vacation vacation, CTO and HIL on an hour- hour-for-hour basis to cover all hours the employee is absent from duty due to the work-related disability during the applicable pay period. Or,
(b) Retain any Workers' Compensation Benefits worker's compensation benefits received during the pay period and receive a partial paycheck in an amount so that the partial pay and the Workers' Compensation Benefits worker's compensation benefits added together are equivalent to the employee's full pay. The employee shall use their accrued sick leave, vacation, CTO, and HIL in an amount equal to one-half of the number of hours the employee was absent from work during the pay period due to the work-related disability. If, however, the amount of the Workers' Compensation Benefits worker's compensation benefits is subtracted from the employee's full pay for the time off due to the disability, and the remainder is less than one-half of the amount of such full pay, then only the number of leave balance hours necessary to equal that remainder shall be charged.
(3) The choice of either (2)(a) or (2)(b) above shall be an irrevocable choice for the duration of the disability leave resulting from the work- related injury. However, if the employee returns to work for a period of at least thirty (30) calendar days, the employee may again elect to choose either option b.(2)(a) or b.(2)(b) for any subsequent disability leave taken as a result of (or relating to) the same injury.
c. All disability leave provisions of this section shall terminate when the employee uses all accrued sick leave, vacation, CTO CTO, or HIL balances, or upon the date of the employee's recovery from disability, receipt of permanent disability under Workers' Compensation Insuranceworker's compensation insurance, retirement, termination from County employment, employment or death.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Disability Leave. a. An employee who has suffered possible injury in the performance of assigned duties shall immediately undergo such medical examination as the appointing authority deems necessary. He or He/she shall not be considered absent from duty during the time required for such examination.
b. A regular employee who is unable to perform any appropriate work assignment because of disability incurred in the performance of assigned duties shall be entitled to the following disability leave benefits, in addition to those provided pursuant to the California Worker's Compensation Insurance Act.
(1) During any period of disability for which payment is not provided under Worker's Compensation Insurance, the employee shall be placed on disability leave with pay to the extent of any leave with pay which he or he/she has accrued. Such disability leave with pay shall be charged against the employee's accrued leave with pay.
(2) During any period of disability for which payment is provided under Worker's Compensation Insurance, the employee shall may elect either:
(a) Retain to receive disability leave with pay to the extent of any Workers' leave with pay which he/she has accrued, providing the Worker's Compensation Benefits received during the pay period and receive full pay. The employee shall use their accrued sick leave, vacation CTO and HIL on an hour- for-hour basis to cover all hours by the employee is absent from duty due are endorsed to the work-related disability during the applicable County. Under such circumstances, his/her accrued leave with pay period. Or,
(b) Retain any Workers' Compensation Benefits received during the pay period and receive a partial paycheck in an amount so that the partial pay and the Workers' Compensation Benefits added together are equivalent to the employee's full pay. The employee shall use their accrued sick leave, vacation, CTO, and HIL in an amount equal to be reduced by one-half day for each full day of absence for which temporary Worker's Compensation Benefits are endorsed to the County.
c. When a member of this bargaining unit, not covered under 4850 of the number Labor Code, is disabled, whether temporarily or permanently, by injury or illness arising out of hours and in the employee was absent from work during course of his/her duties, he/she shall become entitled, regardless of his/her period of service with the pay period due County to the work-related disability. If, however, the amount a leave of the Workers' Compensation Benefits is subtracted from the employee's full pay absence while so disabled without loss of salary for the time off due to period of the disability, but not exceeding one year, or until that earlier date as he/she is retired on permanent disability pension, and the remainder is less than one-half of the amount of such full pay, then only the number of leave balance hours necessary to equal that remainder actually receiving disability pension payments. This payment shall be charged.
(3) The choice of either (2)(a) or (2)(b) above shall be an irrevocable choice for the duration of the disability subject to taxes. SDI integration. Pay is reduced by 4.0 hours. 4.0 hours furlough is credited to leave resulting from the work- related injuryaccruals. However, if the employee returns to work for a period of at least thirty (30) calendar daysCurrently, the employee may again elect to choose either option b.(2)(a) or b.(2)(b) for any subsequent disability leave taken as a result of (or relating to) the same injuryreceives no accrual while on SDI integration.
c. All disability leave provisions of this section shall terminate when the employee uses all accrued sick leave, vacation, CTO or HIL balances, or upon the date of the employee's recovery from disability, receipt of permanent disability under Workers' Compensation Insurance, retirement, termination from County employment, or death.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Disability Leave. a. An employee who has suffered possible injury in the performance of assigned duties shall immediately undergo such medical examination as the appointing authority deems necessary. He or He/she shall not be considered absent from duty during the time required for such examination.
b. A regular employee who is unable to perform any appropriate work assignment because of disability incurred in the performance of assigned duties shall be entitled to the following disability leave benefits, in addition to those provided pursuant to the California Worker's Compensation Insurance Act.
(1) During any period of disability for which payment is not provided under Worker's Compensation Insurance, the employee shall be placed on disability leave with pay to the extent of any leave with pay which he or he/she has accrued. Such disability leave with pay shall be charged against the employee's accrued leave with pay.
(2) During any period of disability for which payment is provided under Worker's Compensation Insurance, Insurance the employee shall elect to either:
(a) Retain any Workers' Compensation Benefits worker's compensation benefits received during the pay period and receive full pay. The employee shall use their accrued sick leave, vacation CTO and HIL on an hour- for-hour basis to cover all hours the employee is absent from duty due to the work-related disability during the applicable pay period. Or,
(b) Retain any Workers' Compensation Benefits worker's compensation benefits received during the pay period and receive a partial paycheck in an amount so that the partial pay and the Workers' Compensation Benefits worker's compensation benefits added together are equivalent to the employee's full pay. The employee shall use their accrued sick leave, vacation, CTO, and HIL in an amount equal to one-half of the number of hours the employee was absent from work during the pay period due to the work-related disability. If, however, the amount of the Workers' Compensation Benefits worker's compensation benefits is subtracted from the employee's full pay for the time off due to the disabilitydisabil- ity, and the remainder is less than one-half of the amount of such full pay, then only the number of leave balance hours necessary to equal that remainder shall be charged.
(3c) The choice of either (2)(a) or (2)(b) above shall be an irrevocable choice for the duration of the disability leave resulting from the work- related injury. However, if the employee returns to work for a period of at least thirty (30) calendar days, the employee may again elect to choose either option b.(2)(a) or b.(2)(b) for any subsequent disability leave taken as a result of (or relating to) the same injury.
c. All disability leave provisions of this section shall terminate when the employee uses all accrued sick leave, vacation, CTO or HIL balances, or upon the date of the employee's recovery from disability, receipt of permanent disability under Workers' Worker's Compensation Insurance, retirement, termination from County employment, employment or death.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Disability Leave. a. A bargaining unit member who is judged by a physician to be unable to work because of a temporary or permanent disability, eligible for benefits provided under FMLA, and who has exhausted all other entitled paid leaves will be placed on an unpaid disability leave for a maximum of one (1) year according to the following:
A. Employees who have not accrued a sufficient amount of paid leave time to carry them through FMLA 3 weeks Amount of time an employee can be out before FMLA takes effect. 12 weeks Amount of FMLA time to which an employee is entitled. The employee's sick and vacation time will run concurrent with FMLA. Disability Leave An employee who has suffered possible injury in the performance of assigned duties shall immediately undergo such medical examination as the appointing authority deems necessary. He or she shall not be considered absent from duty during the time required for such examination.
b. A regular employee who is unable to perform any appropriate work assignment because of disability incurred in the performance of assigned duties shall be entitled to the following disability leave benefits, in addition up to those provided pursuant to the California Worker's Compensation Insurance Act.
one (1) During any period year from the first day of absence. B. Employees who have accrued a sufficient amount of paid leave time to carry them through FMLA 3 weeks Amount of time an employee can be out before FMLA takes effect. 12 weeks Amount of FMLA time to which an employee is entitled. The employee's sick and vacation time will run concurrent with FMLA. Exhaustion of sick & vacation time An employee is entitled to exhaust his/her accrued sick and vacation time. Disability Leave An employee shall be entitled to disability for which payment leave up to one (1) year from the exhaustion of his/her accrued sick and vacation time. Once the employee begins unpaid disability leave, the college may declare his/her position vacant and fill that position. All insurance benefits remain in force provided that the employee makes all necessary employee contributions. Each month while on disability leave an employee must submit, as requested, a physician's statement indicating ability to work to the Director of Human Resources. Before returning to work, an employee on disability leave must provide the Director of Human Resources with a physician's statement indicating approval to resume all job duties. If upon the termination of a disability leave, an employee's physician certifies that he/she is capable of returning to work but it is not provided under Worker's Compensation Insurancepossible for a bargaining unit member to return to the same position, all reasonable efforts shall be made to arrange a transfer to a comparable position. If such a transfer is not possible, the employee shall be placed go on disability leave with pay layoff status pursuant to the extent provisions of any leave Section 5.6. While on lay-off status, an employee is able to continue his/her insurance with pay which he or she has accruedthe college so long as the employee makes all necessary employee contributions. Such disability leave with pay shall be charged against the If it is determined by an employee's accrued leave with pay.
(2) During any period of disability for which payment is provided under Worker's Compensation Insurance, the employee shall elect either:
(a) Retain any Workers' Compensation Benefits received during the pay period and receive full pay. The employee shall use their accrued sick leave, vacation CTO and HIL on an hour- for-hour basis to cover all hours physician that the employee is absent from duty due unable to return to work at the work-related conclusion of a disability during the applicable pay period. Or,
(b) Retain any Workers' Compensation Benefits received during the pay period and receive a partial paycheck in an amount so that the partial pay and the Workers' Compensation Benefits added together are equivalent to the employee's full pay. The employee shall use their accrued sick leave, vacation, CTO, and HIL in an amount equal to one-half of the number of hours the employee was absent from work during the pay period due to the work-related disability. If, however, the amount of the Workers' Compensation Benefits is subtracted from the employeebargaining unit member's full pay for the time off due to the disability, and the remainder is less than one-half of the amount of such full pay, then only the number of leave balance hours necessary to equal that remainder employment shall be chargedterminated.
(3) The choice of either (2)(a) or (2)(b) above shall be an irrevocable choice for the duration of the disability leave resulting from the work- related injury. However, if the employee returns to work for a period of at least thirty (30) calendar days, the employee may again elect to choose either option b.(2)(a) or b.(2)(b) for any subsequent disability leave taken as a result of (or relating to) the same injury.
c. All disability leave provisions of this section shall terminate when the employee uses all accrued sick leave, vacation, CTO or HIL balances, or upon the date of the employee's recovery from disability, receipt of permanent disability under Workers' Compensation Insurance, retirement, termination from County employment, or death.
Appears in 1 contract
Samples: Support Staff Agreement
Disability Leave. a. An employee who has suffered possible injury in the performance of assigned duties shall immediately undergo such medical examination as the appointing authority deems necessary. He or He/she shall not be considered absent from duty during the time required for such examination.
b. A regular employee who is unable to perform any appropriate work assignment because of disability incurred in the performance of assigned duties shall be entitled to the following disability leave benefits, in addition to those provided pursuant to the California Worker's Compensation Insurance Act.:
(1) During any period of disability for which payment is not provided under Workerworker's Compensation Insurancecompensation insurance, the employee shall be placed on disability leave with pay to the extent of any leave with pay which he or he/she has accrued. Such disability leave with pay shall be charged against the employee's accrued leave with pay.;
(2) During any period of disability for which payment is provided under Workerworker's Compensation Insurancecompensation insurance, the employee shall elect to either:
(a) Retain any Workers' Compensation Benefits worker's compensation benefits received during the pay period and receive full pay. The employee shall use their accrued sick leave, vacation vacation, CTO and HIL on an hour- for-hour basis to cover all hours the employee is absent from duty due to the work-related disability during the applicable pay period. Or,
(b) Retain any Workers' Compensation Benefits worker's compensation benefits received during the pay period and receive a partial paycheck in an amount so that the partial pay and the Workers' Compensation Benefits worker's compensation benefits added together are equivalent to the employee's full pay. The employee shall use their accrued sick leave, vacation, CTO, and HIL in an amount equal to one-half of the number of hours the employee was absent from work during the pay period due to the work-related disability. If, however, the amount of the Workers' Compensation Benefits worker's compensation benefits is subtracted from the employee's full pay for the time off due to the disability, and the remainder is less than one-half of the amount of such full pay, then only the number of leave balance hours necessary to equal that remainder shall be charged.
(3) The choice of either (2)(a) or (2)(b) above shall be an irrevocable choice for the duration of the disability leave resulting from the work- related injury. However, if the employee returns to work for a period of at least thirty (30) calendar days, the employee may again elect to choose either option b.(2)(a) or b.(2)(b) for any subsequent disability leave taken as a result of (or relating to) the same injury.
c. All disability leave provisions of this section shall terminate when the employee uses all accrued sick leave, vacation, CTO CTO, or HIL balances, or upon the date of the employee's recovery from disability, receipt of permanent disability under Workers' Compensation Insuranceworker's compensation insurance, retirement, termination from County employment, employment or death.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Disability Leave. a. An employee who has suffered possible injury in the performance of assigned duties shall immediately undergo such medical examination as the appointing authority deems necessary. He or she shall not be considered absent from duty during the time required for such examination.
b. A regular employee who is unable to perform any appropriate work assignment because of disability incurred in the performance of assigned duties shall be entitled to the following disability leave benefits, in addition to those provided pursuant to the California Worker's Compensation Insurance Act.
(1) During any period of disability for which payment is not provided under Worker's Compensation Insurance, the employee shall be placed on disability leave with pay to the extent of any leave with pay which he or she has accrued. Such disability leave with pay shall be charged against the employee's accrued leave with pay.
(2) During any period of disability for which payment is provided under Worker's Compensation Insurance, the employee shall may elect either:
(a) Retain to receive disability leave with pay to the extent of any Workers' leave with pay which he has accrued, providing the Worker's Compensation Benefits received during the pay period and receive full pay. The employee shall use their accrued sick leave, vacation CTO and HIL on an hour- for-hour basis to cover all hours by the employee is absent from duty due are endorsed to the work-related disability during the applicable County. Under such circumstances, his accrued leave with pay period. Or,
(b) Retain any Workers' Compensation Benefits received during the pay period and receive a partial paycheck in an amount so that the partial pay and the Workers' Compensation Benefits added together are equivalent to the employee's full pay. The employee shall use their accrued sick leave, vacation, CTO, and HIL in an amount equal to be reduced by one-half day for each full day of the number of hours the employee was absent from work during the pay period due absence for which temporary Worker's Compensation Benefits are endorsed to the work-related disability. IfCounty.
c. When a Criminal Investigator, howeverLevel I/II, assigned as a Welfare Fraud Investigator in the amount Department of Human Assistance, is disabled, whether temporarily or permanently, by injury or illness arising out of and in the Workers' Compensation Benefits is subtracted from course of his/her duties, he/she shall become entitled, regardless of his/her period of service with the employee's full pay County to a leave of absence while so disabled without loss of salary for the time off due to period of the disability, but not exceeding one year, or until that earlier date as he/she is retired on permanent disability pension, and the remainder is less than one-half of the amount of such full pay, then only the number of leave balance hours necessary to equal that remainder actually receiving disability pension payments. This payment shall be chargedsubject to taxes.
(3) The choice of either (2)(a) or (2)(b) above shall be an irrevocable choice for the duration of the disability leave resulting from the work- related injury. However, if the employee returns to work for a period of at least thirty (30) calendar days, the employee may again elect to choose either option b.(2)(a) or b.(2)(b) for any subsequent disability leave taken as a result of (or relating to) the same injury.
c. d. All disability leave provisions of this section shall terminate when the employee uses all accrued sick leave, vacation, CTO or HIL balances, or upon on the date of the employee's recovery from disability, receipt of permanent disability under Workers' Worker's Compensation Insurance, retirement, termination from County employment, or death.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Disability Leave. a. An employee who has suffered possible injury in the performance of assigned duties shall immediately undergo such medical examination as the appointing authority deems necessary. He or she shall not be considered absent from duty during the time required for such examination.
b. A regular employee who is unable to perform any appropriate work assignment because of disability incurred in the performance of assigned duties shall be entitled to the following disability leave benefits, in addition to those provided pursuant to the California Worker's Compensation Insurance Act.:
(1) During any period of disability for which payment is not provided under Worker's Compensation Insurance, the employee shall be placed on disability leave with pay to the extent of any leave with pay which he or she has accrued. Such disability leave with pay shall be charged against the employee's accrued leave with pay.;
(2) During any period of disability for which payment is provided under Worker's Compensation Insurance, the employee shall elect to either:
(a) Retain any Workers' Compensation Benefits worker's compensation benefits received during the pay period and receive full pay. The employee shall use their accrued sick leave, vacation CTO vacation, CTO, and HIL on an hour- for-hour basis to cover all hours the employee is absent from duty due to the work-related disability during the applicable pay period. Or,
(b) Retain any Workers' Compensation Benefits worker's compensation benefits received during the pay period and receive a partial paycheck in an amount so that the partial pay and the Workers' Compensation Benefits worker's compensation benefits added together are equivalent to the employee's full pay. The employee shall use their accrued sick leave, vacation, CTO, and HIL in an amount equal to one-half of the number of hours the employee was absent from work during the pay period due to the work-related disability. If, however, the amount of the Workersworkers' Compensation Benefits compensation benefits is subtracted from the employee's full pay for the time off due to the disabilitydisabil- ity, and the remainder is less than one-half of the amount of such full pay, then only the number of leave balance hours necessary to equal that remainder shall be charged.
(3) The choice of either (2)(a) or (2)(b) above shall be an irrevocable choice for the duration of the disability leave resulting from the work- related injury. However, if the employee returns to work for a period of at least thirty (30) calendar days, the employee may again elect to choose either option b.(2)(a) or b.(2)(b) for any subsequent disability leave taken as a result of (or relating to) the same injury.
c. All disability leave provisions of this section shall terminate when the employee uses all accrued sick leave, vacation, CTO or HIL balances, or upon the date of the employee's recovery from disability, receipt of permanent disability under Workers' Worker's Compensation Insurance, retirement, termination from County employment, employment or death.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Disability Leave. a. A bargaining unit member who is judged by a physician to be unable to work because of a temporary or permanent disability, eligible for benefits provided under FMLA, and who has exhausted all other entitled paid leaves will be placed on an unpaid disability leave for a maximum of one (1) year according to the following:
A. Employees who have not accrued a sufficient amount of paid leave time to carry them through FMLA 3 weeks Amount of time an employee can be out before FMLA takes effect. 12 weeks Amount of FMLA time to which an employee is entitled. The employee’s sick and vacation time will run concurrent with FMLA. Disability Leave An employee who has suffered possible injury in the performance of assigned duties shall immediately undergo such medical examination as the appointing authority deems necessary. He or she shall not be considered absent from duty during the time required for such examination.
b. A regular employee who is unable to perform any appropriate work assignment because of disability incurred in the performance of assigned duties shall be entitled to the following disability leave benefits, in addition up to those provided pursuant to the California Worker's Compensation Insurance Act.
one (1) During any period year from the first day of absence.
B. Employees who have accrued a sufficient amount of paid leave time to carry them through FMLA 3 weeks Amount of time an employee can be out before FMLA takes effect. 12 weeks Amount of FMLA time to which an employee is entitled. The employee’s sick and vacation time will run concurrent with FMLA. Exhaustion of sick & vacation time An employee is entitled to exhaust his/her accrued sick and vacation time. Disability Leave An employee shall be entitled to disability for which payment leave up to one (1) year from the exhaustion of his/her accrued sick and vacation time. Once the employee begins unpaid disability leave, the college may declare his/her position vacant and fill that position. All insurance benefits remain in force provided that the employee makes all necessary employee contributions. Each month while on disability leave an employee must submit, as requested, a physician’s statement indicating ability to work to the Director of Human Resources. Before returning to work, an employee on disability leave must provide the Director of Human Resources with a physician’s statement indicating approval to resume all job duties. If upon the termination of a disability leave, an employee’s physician certifies that he/she is capable of returning to work but it is not provided under Worker's Compensation Insurancepossible for a bargaining unit member to return to the same position, all reasonable efforts shall be made to arrange a transfer to a comparable position. If such a transfer is not possible, the employee shall be placed go on disability leave with pay layoff status pursuant to the extent provisions of any leave Section 5.6. While on lay-off status, an employee is able to continue his/her insurance with pay which he or she has accrued. Such disability leave with pay shall be charged against the employee's accrued leave with pay.
(2) During any period of disability for which payment is provided under Worker's Compensation Insurance, college so long as the employee shall elect either:
(a) Retain any Workers' Compensation Benefits received during the pay period and receive full paymakes all necessary employee contributions. The employee shall use their accrued sick leave, vacation CTO and HIL on If it is determined by an hour- for-hour basis to cover all hours employee’s physician that the employee is absent from duty due unable to return to work at the work-related conclusion of a disability during the applicable pay period. Or,
(b) Retain any Workers' Compensation Benefits received during the pay period and receive a partial paycheck in an amount so that the partial pay and the Workers' Compensation Benefits added together are equivalent to the employee's full pay. The employee shall use their accrued sick leave, vacation, CTO, and HIL in an amount equal to one-half of the number of hours the employee was absent from work during the pay period due to the work-related disability. If, however, the amount of the Workers' Compensation Benefits is subtracted from the employee's full pay for the time off due to the disability, and the remainder is less than one-half of the amount of such full pay, then only the number of leave balance hours necessary to equal that remainder bargaining unit member’s employment shall be chargedterminated.
(3) The choice of either (2)(a) or (2)(b) above shall be an irrevocable choice for the duration of the disability leave resulting from the work- related injury. However, if the employee returns to work for a period of at least thirty (30) calendar days, the employee may again elect to choose either option b.(2)(a) or b.(2)(b) for any subsequent disability leave taken as a result of (or relating to) the same injury.
c. All disability leave provisions of this section shall terminate when the employee uses all accrued sick leave, vacation, CTO or HIL balances, or upon the date of the employee's recovery from disability, receipt of permanent disability under Workers' Compensation Insurance, retirement, termination from County employment, or death.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Disability Leave. a. (a) An employee who has suffered possible injury in the performance of assigned duties shall immediately undergo such medical examination as the appointing authority deems necessary. He or she shall not be considered absent from duty during the time required for such examination.
b. A regular employee who is unable to perform any appropriate work assignment her/his job because of a medically determined disability, as determined by the definition of disability incurred in the performance Americans with Disabilities Act (i.e., a physical or mental impairment that substantially limits one or more of assigned duties shall be entitled the employee’s major life activities) may take up to 90 calendar days within a twenty (20) month calendar period off with full pay pursuant to the following disability leave benefits, in addition to those provided pursuant to the California Worker's Compensation Insurance Act.guidelines:
(1i) During any period Any employee who is unable to perform her/his job because of disability for which payment is not provided under Worker's Compensation Insurancean illness or disability, the employee as defined above, shall be placed on disability leave after being out of work due to a medically determined disability for seven consecutive calendar days.
(ii) The employee must first exhaust all accrued vacation, personal and sick leave.
(iii) Where the employee has used up all accrued vacation, personal and sick leave yet remains unable to work, the employee shall receive additional leave with full pay up to the extent time the employee is eligible for long-term disability insurance under the terms of such insurance as provided by the Employer, at which time the Employer's obligation under this section shall end.
(iv) Any employee who is receiving workers compensation benefits and is also receiving disability benefits under this provision at the same time shall reimburse the Employer for any leave with pay which he or she has accrued. Such disability leave with pay shall be charged against workers compensation benefits received by the employee's .
(b) If an employee does not wish to exhaust his or her accrued leave with vacation, personal, and sick leave, s/he may elect to receive statutory disability benefits, in lieu of full pay.
(2c) During any period of disability for which payment is provided under Worker's Compensation Insurance, the Any employee shall elect eitherdisabled up to 90 calendar days shall:
(ai) Retain any Workers' Compensation Benefits received during at the pay period and receive full pay. The employee shall use their accrued sick completion of the leave, vacation CTO be entitled to resume her/his position at the salary received had there been no leave taken and HIL on an hour- for-hour basis with no loss of seniority;
(ii) receive during this leave all benefits to cover all hours which s/he is entitled had there been no leave taken (e.g., insurance benefits, tax sheltered annuity payments, leave accrual); and
(iii) give reasonable notice of when s/he intends to return. If the employee is absent from duty due able to return to work prior to the work-related anticipated expiration of the leave, s/he shall be entitled to do so.
(d) In no event shall the total disability during the applicable pay period. Or,
leave received by an employee under (a) and (b) Retain any Workers' Compensation Benefits received during of this section exceed 90 calendar days.
(e) Any employee who suffers from a “disability”, as that term is defined in the pay period and receive New York Human Rights Law, N.Y. Exec. Law § 292(21), may be entitled to unpaid leave as a partial paycheck in an amount so reasonable accommodation of that the partial pay and the Workers' Compensation Benefits added together are equivalent to the employee's full pay. The employee shall use their accrued sick leave, vacation, CTO, and HIL in an amount equal to one-half of the number of hours the employee was absent from work during the pay period due to the work-related disability. If, however, the amount of the Workers' Compensation Benefits is subtracted from the employee's full pay for the time off due to the disability, and an employee who suffers from a “disability” as that term is defined by the remainder is less than one-half of Americans with Disabilities Act, may be entitled to unpaid leave in addition to the amount of such full pay, then only the number of leave balance hours necessary to equal that remainder shall be charged.
described in paragraph (3) The choice of either (2)(a) or (2)(ba) above shall be an irrevocable choice for the duration of the disability leave resulting from the work- related injury. However, if the employee returns to work for a period of at least thirty (30) calendar days, the employee may again elect to choose either option b.(2)(a) or b.(2)(b) for any subsequent disability leave taken as a result reasonable accommodation of (or relating to) the same injurythat disability.
c. All disability leave provisions of this section shall terminate when the employee uses all accrued sick leave, vacation, CTO or HIL balances, or upon the date of the employee's recovery from disability, receipt of permanent disability under Workers' Compensation Insurance, retirement, termination from County employment, or death.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Disability Leave. a. An Pursuant to Section 3.12.100 of the City's Personnel Rules, the following shall constitute the City's practice regarding disability leave: Employees may be granted paid disability leave based on the following circumstances, terms, and conditions. The purpose of providing these programs of paid disability leave is to insure that permanent employees have reasonable and equitable provisions concerning their job and economic security. Work Related Temporary Disability:
A. If a permanent employee is temporarily disabled by injury or illness arising out of and in the course of performing assigned job duties, the employee shall become entitled, regardless of length of service, to a leave of absence while so disabled without loss of salary, less workers' compensation disability payments, for up to seventy-five (75) calendar days, commencing upon the third (3rd) calendar day after the injured employee leaves work as a result of the injury. However, if the disability necessitates hospitalization or the disability continues more than three days, the aforesaid seventy-five (75) day leave of absence shall commence from the first day the injured employee leaves work or is hospitalized as a result of the injury. Employees injured on the job who has suffered possible injury are absent from work due to such disability for less than three days may utilize accrued sick leave during such absence.
B. Following the initial seventy-five (75) day period of temporary disability, an eligible employee may elect to receive either workers' compensation disability payments, or full salary by supplementing their workers' compensation disability payment by use of accrued vacation, compensatory time off (CTO), or sick leave on a one-half (1/2) hour sick leave for one (1) hour pay basis. Upon utilization of all accrued leave credits, the employee injured in the performance of assigned duties shall immediately undergo such medical examination as the appointing authority deems necessary. He or she shall not be considered absent from duty during the time required for such examination.
b. A regular employee and who is unable to perform any appropriate work assignment because of disability incurred in the performance of assigned duties shall be entitled to the following disability leave benefits, in addition to those provided pursuant to the California Worker's Compensation Insurance Act.
(1) During any period of disability for which payment is not provided compensation under Worker's Compensation Insurance, the employee shall be placed on disability leave with pay to the extent of any leave with pay which he or she has accrued. Such disability leave with pay shall be charged against the employee's accrued leave with pay.
(2) During any period of disability for which payment is provided under Worker's Compensation Insurance, the employee shall elect either:
(a) Retain any Workers' Compensation Benefits received during the pay period and receive full pay. The employee shall use their accrued sick leave, vacation CTO and HIL on an hour- for-hour basis to cover all hours the employee is absent from duty due to the work-related disability during the applicable pay period. Or,
(b) Retain any Workers' Compensation Benefits received during the pay period and receive a partial paycheck in an amount so that the partial pay and the Workers' Compensation Benefits added together are equivalent to Insurance Act shall be continued on the employee's full pay. The employee shall use their accrued sick leave, vacation, CTO, and HIL in an amount equal to one-half rolls of the number of hours City without pay until workers' compensation is discontinued, or the employee was absent from work during the pay period due to the work-related disability. Ifreaches a permanent and stationary status, however, the amount of the Workers' Compensation Benefits is subtracted from the employee's full pay for the time off due to the disability, and the remainder is less than one-half of the amount of such full pay, then only the number of leave balance hours necessary to equal provided that remainder shall be charged.
(3) The choice of either (2)(a) or (2)(b) above shall be an irrevocable choice for the duration of the disability leave resulting from was not the work- related injury. However, if the employee returns to work for a period of at least thirty (30) calendar days, the employee may again elect to choose either option b.(2)(a) or b.(2)(b) for any subsequent disability leave taken as a result of (or relating to) the same injury.
c. All disability leave provisions of this section shall terminate when the employee uses all accrued sick leave, vacation, CTO or HIL balances, or upon the date of the employee's recovery from disability, receipt willful violation of permanent disability under Workers' Compensation Insurance, retirement, termination from County employment, safety rules or deathnegligent behavior.
Appears in 1 contract
Samples: Memorandum of Understanding
Disability Leave. a. An Pursuant to Section 3.12.100 of the City's Personnel Rules, the following shall constitute the City's practice regarding disability leave: Employees may be granted paid disability leave based on the following circumstances, terms, and conditions. The purpose of providing these programs of paid disability leave is to insure that permanent employees have reasonable and equitable provisions concerning their job and economic security. Work Related Temporary Disability:
A. If a permanent employee is temporarily disabled by injury or illness arising out of and in the course of performing assigned job duties, the employee shall become entitled, regardless of length of service, to a leave of absence while so disabled without loss of salary, less workers' compensation disability payments, for up to seventy-five (75) calendar days, commencing upon the third (3rd) calendar day after the injured employee leaves work as a result of the injury. However, if the disability necessitates hospitalization or the disability continues more than three days, the aforesaid seventy-five (75) day leave of absence shall commence from the first day the injured employee leaves work or is hospitalized as a result of the injury. Employees injured on the job who has suffered possible injury are absent from work due to such disability for less than three days may utilize accrued sick leave during such absence.
B. Following the initial seventy-five (75) day period of temporary disability, an eligible employee may elect to receive either workers' compensation disability payments, or full salary by supplementing their workers' compensation disability payment by use of accrued vacation, compensatory time off (CTO), or sick leave on a one-half (1/2) hour sick leave for one (1) hour pay basis. Upon utilization of all accrued leave credits, the employee injured in the performance of assigned duties shall immediately undergo such medical examination as the appointing authority deems necessary. He or she shall not be considered absent from duty during the time required for such examination.
b. A regular employee and who is unable to perform any appropriate work assignment because of disability incurred in the performance of assigned duties shall be entitled to the following disability leave benefits, in addition to those provided pursuant to the California Worker's Compensation Insurance Act.
(1) During any period of disability for which payment is not provided compensation under Worker's Compensation Insurance, the employee shall be placed on disability leave with pay to the extent of any leave with pay which he or she has accrued. Such disability leave with pay shall be charged against the employee's accrued leave with pay.
(2) During any period of disability for which payment is provided under Worker's Compensation Insurance, the employee shall elect either:
(a) Retain any Workers' Compensation Benefits received during the pay period and receive full pay. The employee shall use their accrued sick leave, vacation CTO and HIL on an hour- for-hour basis to cover all hours the employee is absent from duty due to the work-related disability during the applicable pay period. Or,
(b) Retain any Workers' Compensation Benefits received during the pay period and receive a partial paycheck in an amount so that the partial pay and the Workers' Compensation Benefits added together are equivalent to Insurance Act shall be continued on the employee's full pay. The employee shall use their accrued sick leave, vacation, CTO, and HIL in an amount equal to one-half rolls of the number of hours City without pay until workers' compensation is discontinued, or the employee was absent from work during the pay period due to the work-related disability. Ifreaches a permanent and stationary status, however, the amount of the Workers' Compensation Benefits is subtracted from the employee's full pay for the time off due to the disability, and the remainder is less than one-half of the amount of such full pay, then only the number of leave balance hours necessary to equal provided that remainder shall be charged.
(3) The choice of either (2)(a) or (2)(b) above shall be an irrevocable choice for the duration of the disability leave resulting from was not the work- related injury. However, if the employee returns to work for a period of at least thirty (30) calendar days, the employee may again elect to choose either option b.(2)(a) or b.(2)(b) for any subsequent disability leave taken as a result of (or relating to) the same injury.
c. All disability leave provisions of this section shall terminate when the employee uses all accrued sick leave, vacation, CTO or HIL balances, or upon the date of the employee's recovery from disability, receipt willful violation of permanent disability under Workers' Compensation Insurance, retirement, termination from County employment, safety rules or death.negligent behavior.
Appears in 1 contract
Samples: Memorandum of Understanding
Disability Leave. a. An 18.5.1 A member may request an unpaid leave of absence of up to three months for a non-work related personal illness or physical incapacity of such a degree as to render the employee who has suffered possible injury in the performance of assigned duties shall immediately undergo such medical examination as the appointing authority deems necessary. He or she shall not be considered absent from duty during the time required for such examination.
b. A regular employee who is unable to perform any appropriate the duties of their position. Similarly, a member unable to perform the duties of their position for a non-work assignment because related personal illness or physical incapacity may be placed on a leave of disability incurred absence by the City. The employee will be notified in writing when the performance of assigned duties shall be entitled to City places the following disability leave benefits, in addition to those provided pursuant to the California Worker's Compensation Insurance Actemployee on leave.
(1) During any period of disability 18.5.1.1 Except for which payment is not provided under Worker's Compensation Insuranceemergencies, the employee shall submit a written request to the Chief at least one month prior to the anticipated departure. The employee is required, as a condition of this leave, to provide a statement from an attending physician, with specific reference to the employee’s job description, setting forth (a) the anticipated duration of the disability, and (b) any conditions which may limit the employee's performance of their job before or after the leave. A decision concerning such requests for leaves shall be made by the Chief who shall consider the needs of the Department and personal benefit to the employee. Leaves shall not be denied for arbitrary or capricious reasons.
18.5.1.2 Employees who are unable to report to work for medical reasons may be placed on disability leave with pay to at the extent discretion of any leave with pay which he or she has accruedthe Chief. Such disability leave with pay shall be charged against Should the Department Head determine that an employee's accrued leave with pay.
(2) During any period attendance or performance is unsatisfactory because of disability for which payment is provided under Worker's Compensation Insurance, the employee shall elect either:
(a) Retain any Workers' Compensation Benefits received during the pay period and receive full pay. The employee shall use their accrued sick leave, vacation CTO and HIL on an hour- for-hour basis to cover all hours the employee is absent from duty due to the work-related disability during the applicable pay period. Or,
(b) Retain any Workers' Compensation Benefits received during the pay period and receive a partial paycheck in an amount so that the partial pay and the Workers' Compensation Benefits added together are equivalent to the employee's full pay. The employee shall use their accrued sick leave, vacation, CTO, and HIL in an amount equal to one-half of the number of hours the employee was absent from work during the pay period due to the work-related disability. If, however, the amount of the Workers' Compensation Benefits is subtracted from the employee's full pay for the time off due to the disability, and the remainder is less than one-half of the amount of such full pay, then only the number of leave balance hours necessary to equal that remainder shall be charged.
(3) The choice of either (2)(a) or (2)(b) above shall be an irrevocable choice for the duration of the disability leave resulting from the work- related injury. However, if the employee returns to work for a period of at least thirty (30) calendar days, the employee may again elect be required to choose either option b.(2)(atake a leave of absence. In any instance in which the Department Head requires the employee to go on a leave of absence, if the affected employee files a grievance, the burden of proof shall then be upon the City as to the correctness of such determination. In the event such determination is found to be unjustified, the employee involved shall be reimbursed for all lost time and/or restored all lost sick leave credits. The initial twelve (12) or b.(2)(b) for any subsequent week period of disability leave taken will be processed as a result of (or relating to) Family and Medical Leave if the same injuryleave qualifies under the Family and Medical Leave Act.
c. All 18.5.2 The Chief shall have the discretionary authority to extend such leave upon written request from the employee. No disability leave provisions or extensions thereof may exceed a total of twelve months duration.
18.5.3 Accumulated sick leave benefits shall be applied to any portion of the requested leave so eligible at the option of the member, but cannot be used to delay the start or extend a disability leave. Accumulated vacation benefits shall be applied to any portion of the requested leave so eligible at the option of the member, but cannot be used to delay the start or extend the disability leave unless so approved by the Fire Chief, who has the sole discretion to make such determination.
18.5.4 Disabilities due to pregnancy or childbirth are, for all job related purposes, temporary disabilities.
18.5.5 For leaves of absence taken in accordance with this section shall terminate when article, the employee uses all accrued sick leave, vacation, CTO or HIL balances, or upon the date of City will continue the employee's recovery from disabilityhealth insurance coverage, receipt of permanent disability under Workers' Compensation Insuranceand the employee will accrue holiday, retirement, termination from County employment, vacation or death.sick leave credits during the first twelve
Appears in 1 contract
Samples: Collective Bargaining Agreement
Disability Leave. a. An employee who has suffered possible injury in the performance of assigned duties shall immediately undergo such medical examination as the appointing authority deems necessary. He or He/she shall not be considered absent from duty during the time required for such examination.
b. A regular employee who is unable to perform any appropriate work assignment because of disability incurred in the performance of assigned duties shall be entitled to the following disability leave benefits, in addition to those provided pursuant to the California Worker's Compensation Insurance Act.:
(1) During any period of disability for which payment is not provided under Worker's Compensation Insurance, the employee shall be placed on disability leave with pay to the extent of any leave with pay which he or he/she has accrued. Such disability leave with pay shall be charged against the employee's accrued leave with pay.;
(2) During any period of disability for which payment is provided under Worker's Compensation Insurance, Insurance the employee shall elect to either:
(a) Retain any Workers' Compensation Benefits worker's compensation benefits received during the pay period and receive full pay. The employee shall use their accrued sick leave, vacation CTO and HIL on an hour- for-hour basis to cover all hours the employee is absent from duty due to the work-related disability during the applicable pay period. Or,
(b) Retain any Workers' Compensation Benefits worker's compensation benefits received during the pay period and receive a partial paycheck in an amount so that the partial pay and the Workers' Compensation Benefits worker's compensation benefits added together are equivalent to the employee's full pay. The employee shall use their accrued sick leave, vacation, CTO, and HIL in an amount equal to one-half of the number of hours the employee was absent from work during the pay period due to the work-related disability. If, however, the amount of the Workers' Compensation Benefits worker’s compensation benefits is subtracted from the employee's full pay for the time off due to the disability, and the remainder is less than one-half of the amount of such full pay, then only the number of leave balance hours necessary to equal that remainder shall be charged.
(3) The choice of either (2)(a) or (2)(b) above shall be an irrevocable choice for the duration of the disability leave resulting from the work- related injury. However, if the employee returns to work for a period of at least thirty (30) calendar days, the employee may again elect to choose either option b.(2)(a) or b.(2)(b) for any subsequent disability leave taken as a result of (or relating to) the same injury.
c. All disability leave provisions of this section shall terminate when the employee uses all accrued sick leave, vacation, CTO or HIL balances, or upon the date of the employee's recovery from disability, receipt of permanent disability under Workers' Worker's Compensation Insurance, retirement, termination from County employment, employment or death.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Disability Leave. a. Salary Continuance for Industrial Disability Leave All terms contained in this Article and the determination thereof, shall be as defined by the provisions of Division 4 of the California Labor Code, Sections 3201 et. seq. In the event of an accepted work-related injury claim bonafide work-incurred injury by an employee, the City shall continue to pay the gross salary, less legally required deductions, to the injured employee for a period not to exceed fourteen (14) calendar days. Employees covered under this program shall not receive a monetary amount greater than they would receive if they had been working under normal conditions. Any disability indemnity received by the employee from the State of California for the purpose of ensuring a weekly or monthly income as the result of the same work-incurred injury for which the employee is receiving disability salary continuance from the City, shall be paid to the City for the first fourteen (14) calendar days of absence due to injury in order to qualify for this program. For an employee to qualify for this program, the department head must notify Risk Management and Human Resources in writing immediately upon receiving knowledge of a work-incurred injury. Should an injured employee's period of absence exceed fourteen (14) calendar days, payment under this program will cease. An employee who has suffered possible injury in the performance of assigned duties shall immediately undergo such medical examination as the appointing authority deems necessary. He or she shall not be considered absent from duty during the time required for such examination.
b. A regular employee who is unable eligible to perform any appropriate work assignment because of receive temporary disability incurred in the performance of assigned duties shall be entitled to the following disability leave benefits, in addition to those provided pursuant to the California Worker's Compensation Insurance Act.
(1) During any period of disability for which payment is not provided under Worker's Compensation Insurance, the employee shall be placed on disability leave with pay to the extent of any leave with pay which he or she has accrued. Such disability leave with pay shall be charged against the employee's accrued leave with pay.
(2) During any period of disability for which payment is provided under Worker's Compensation Insurance, the employee shall elect either:
(a) Retain any Workers' Compensation Benefits received during the pay period and receive full pay. The employee shall use their accrued indemnity may then utilize accumulated sick leave, vacation CTO leave and HIL on an hour- for-hour basis compensatory time, which when added to cover all hours his/her temporary disability indemnity payments will add up to full salary. An employee who elects not to utilize accumulated leave while receiving temporary disability indemnity payments must notify the Human Resources Office. An employee is absent from duty due seeking these benefitsparticipation in this program may be required to be examined by City authorized physicians at the work-related disability during the applicable pay period. Or,
(b) Retain any Workers' Compensation Benefits received during the pay period discretion of Risk Managementthe department head and receive a partial paycheck in an amount so that the partial pay and the Workers' Compensation Benefits added together are equivalent to the employee's full pay. The employee shall use their accrued sick leave, vacation, CTO, and HIL in an amount equal to one-half Assistant Director of the number of hours the employee was absent from work during the pay period due to the work-related disability. If, however, the amount of the Workers' Compensation Benefits is subtracted from the employee's full pay Administrative Services/Human Resources for the time off due to the disability, and the remainder is less than one-half purpose of the amount of such full pay, then only the number of leave balance hours necessary to equal that remainder shall be chargeddetermining eligibility for this program.
(3) The choice of either (2)(a) or (2)(b) above shall be an irrevocable choice for the duration of the disability leave resulting from the work- related injury. However, if the employee returns to work for a period of at least thirty (30) calendar days, the employee may again elect to choose either option b.(2)(a) or b.(2)(b) for any subsequent disability leave taken as a result of (or relating to) the same injury.
c. All disability leave provisions of this section shall terminate when the employee uses all accrued sick leave, vacation, CTO or HIL balances, or upon the date of the employee's recovery from disability, receipt of permanent disability under Workers' Compensation Insurance, retirement, termination from County employment, or death.
Appears in 1 contract
Samples: Memorandum of Understanding
Disability Leave. a. An If any employee who has suffered possible is incapacitated and unable to work because of any injury sustained in the performance of assigned duties shall immediately undergo such medical examination his police duties, as evidenced by certificate of a Borough designated physician or other doctor acceptable to the appointing authority deems necessary. He or she shall not be considered absent from duty during the time required for such examination.
b. A regular employee who is unable to perform any appropriate work assignment because of disability incurred in the performance of assigned duties Borough, he shall be entitled to the following disability leave benefits, granted in addition to those provided pursuant to the California Worker's Compensation Insurance Act.
(1) During any period of disability for which payment is not provided under Worker's Compensation Insurance, the employee shall be placed on disability his annual sick leave with pay to the extent or any accumulations thereof, leave of any leave with absence without pay which he or she has accrued. Such disability leave with pay shall be charged against the employee's accrued leave with pay.
(2) During any period of disability for which payment is provided under Worker's Compensation Insurance, the employee shall elect either:
(a) Retain any Workers' Compensation Benefits received during the pay period and receive full pay. The employee shall use their accrued sick leave, vacation CTO and HIL on an hour- for-hour basis to cover all hours the employee is absent from duty due to the work-related disability during the applicable pay period. Or,
(b) Retain any Workers' Compensation Benefits received during the pay period and receive a partial paycheck in an amount so that the partial pay and the Workers' Compensation Benefits added together are equivalent to the employee's full pay. The employee shall use their accrued sick leave, vacation, CTO, and HIL in an amount equal to one-half of the number of hours the employee was absent from work during the pay period due to the work-related disability. If, however, the amount of the Workers' Compensation Benefits is subtracted from the employee's full pay for the time off due to the disability, and the remainder is less than one-half of the amount of such full pay, then only the number of leave balance hours necessary to equal that remainder shall be charged.
(3) The choice of either (2)(a) or (2)(b) above shall be an irrevocable choice for the duration of the disability leave resulting from the work- related injury. However, if the employee returns to work for a period of at least thirty (30) calendar daysdays or so much thereof as may be required, as evidenced by certificate of the Borough designated or accepted physician, but no longer than a period of which workmen's compensation payments are allowed. If at the end of such thirty (30) calendar day period the employee is unable to return to duty, a certificate from the Borough designated or accepted physician shall be presented, certifying to this fact, and the employee may again elect elect, if he or she so desires, to choose either option b.(2)(a) use all or b.(2)(b) for any subsequent disability part of the sick leave taken as a result of (or relating to) the same injury.
c. All disability accumulated to supplement compensation payments so that combined compensation payments and sick leave provisions of this section shall terminate when the employee uses all accrued sick leave, vacation, CTO or HIL balances, or upon the date of allowance will approximate the employee's recovery regular basic wage or salary payment. During the period in which the full salary or wages of any employee on disability leave is paid by the Borough of Buena, any compensation payments made to or received by or on behalf of such employee shall be deducted from disabilitythe amount carried on the payroll for such employee or shall be assigned to the Borough of Buena by the insurance carrier or the employee. Whenever the Borough designated or accepted physician shall report in writing that the employee is fit for duty, receipt such disability leave shall terminate and such employee shall forthwith report for duty. Furthermore, if an employee during the period of permanent his disability under Workers' Compensation Insuranceis fit to perform "other" light duties, retirementthe Borough may, termination at its discretion, allow or require such employee to perform these light duties. The employee's ability to perform such light duties shall be determined by a Borough designated physician or other physician acceptable to the Borough. Any employee on injury leave resulting from County employmentinjury while on duty, or deathshall continue to accrue sick leave credits while he remains on the payroll.
Appears in 1 contract
Samples: Collective Bargaining Agreement