Common use of Disability Payments and Leave Clause in Contracts

Disability Payments and Leave. A. Exhaustion of 4850 Benefits 1. When an employee has exhausted all rights and benefits provided by California Labor Code Section 4850 and he/she continues to be unable to return to work due to an injury or disease arising out of and in the course of Authority employment, such employee shall be treated in the following manner: a. He/she shall be entitled to all benefits provided by California Workers’ Compensation Law; and b. He/she shall be placed on Workers’ Compensation Leave; and c. All sick leave, compensatory time, and vacation shall be added—at the employee’s option—to the workers’ compensation temporary disability benefit, if eligible for such benefit, which shall equal one hundred (100) percent of the employee’s base salary until such accruals are exhausted; or d. If the employee is not eligible for temporary disability or exhausts his/her temporary disability benefit—at the employee’s option—such accruals shall be continued until they are exhausted. An election to continue accruals shall be irrevocable e. Upon exhaustion of all sick leave, compensatory time, and vacation, the employee shall not accrue sick leave or vacation for the remainder of Workers’ Compensation Leave f. The probation period of any employee who receives workers’ compensation benefits shall be extended by the length of time he/she receives such benefits, except that the first fifteen (15) consecutive calendar days of benefits shall be considered Authority service for completion of the probation period. g. Time during which an employee receives workers’ compensation temporary disability benefits shall be counted toward the computation of Authority seniority and determination of sick leave and vacation earning rates.

Appears in 3 contracts

Samples: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding

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Disability Payments and Leave. A. Exhaustion of Employees Eligible for 4850 Benefits 1. Disability Payments and Leave Whenever an employee who is eligible for benefits under California Labor Code 4850 is compelled to be absent from duty by reason of injury or disease arising out of and in the course of Authority employment, the employee shall be compensated and placed on Leave pursuant to California Labor Code Section 4850. 2. Exhaustion of 4850 Benefits When an employee has exhausted all rights and benefits provided by California Labor Code Section 4850 4850, and he/she such employee continues to be unable to return to work due to an injury or disease arising out of and in the course of Authority employment, such employee shall be treated in the following manner: a. He/she shall be entitled to all benefits provided by California Workers' Compensation Law; and. b. He/she shall be placed on Workers' Compensation Leave; and. c. All sick leaveAt the employee's option, Sick Leave, compensatory time, and vacation shall be added—at the employee’s option—added to the workers' compensation temporary disability benefit, if eligible for such benefit, which shall equal up to one hundred (100) percent of the employee’s 's base salary until such accruals are exhausted; or. d. If the employee is not eligible for temporary disability or exhausts his/her temporary disability benefit, at the employee’s 's option, such accruals shall be continued until they are exhausted. An election to continue accruals shall be irrevocable. e. Upon exhaustion of all sick leaveSick Leave, compensatory time, and vacation, the employee shall not accrue sick leave Sick Leave or vacation for the remainder of Workers' Compensation Leave. f. The merit increase eligibility date and probation period of any employee who receives workers' compensation benefits shall be extended by the length of time he/she the employee receives such benefits, except that the first fifteen (15) consecutive calendar days of benefits shall be considered Authority service for merit increase eligibility and completion of the probation period. g. Time during which an employee receives workers' compensation temporary disability benefits shall be counted toward the computation of Authority seniority and determination of sick leave Sick Leave and vacation earning rates. B. Employees Not Eligible for 4850 Benefits For employees who have suffered an industrial injury or illness who do not qualify for benefits pursuant to Labor Code Section 4850 (i.e., non-safety employees) the following shall apply 1. Whenever an employee is compelled to be absent from duty by reason of injury or disease arising out of and in the course of Authority employment, the employee shall receive workers' compensation supplement pay, which—when added to the workers' compensation temporary disability benefit—shall equal eighty (80) percent of the employee's base salary for a period not to exceed one (1) year, including holidays.

Appears in 2 contracts

Samples: Memorandum of Understanding, Memorandum of Understanding

Disability Payments and Leave. A. Exhaustion of Employees Eligible for 4850 Benefits 1. Disability Payments and Leave Whenever an employee who is eligible for benefits under California Labor Code 4850 is compelled to be absent from duty by reason of injury or disease arising out of and in the course of Authority employment, the employee shall be compensated and placed on Leave pursuant to California Labor Code Section 4850. 2. Exhaustion of 4850 Benefits When an employee has exhausted all rights and benefits provided by California Labor Code Section 4850 4850, and he/she such employee continues to be unable to return to work due to an injury or disease arising out of and in the course of Authority employment, such employee shall be treated in the following manner: a. He/she shall be entitled to all benefits provided by California Workers' Compensation Law; and. b. He/she shall be placed on Workers' Compensation Leave; and. c. All sick leaveAt the employee's option, all Sick Leave, compensatory time, and vacation shall be added—at the employee’s option—added to the workers' compensation temporary disability benefit, if eligible for such benefit, which shall equal one hundred (100) percent of the employee’s 's base salary until such accruals are exhausted; or. d. If the employee is not eligible for temporary disability or exhausts his/her temporary disability benefit, at the employee’s 's option, such accruals shall be continued until they are exhausted. An election to continue accruals shall be irrevocable. e. Upon exhaustion of all sick leaveSick Leave, compensatory time, and vacation, the employee shall not accrue sick leave Sick Leave or vacation for the remainder of Workers' Compensation Leave. f. The merit increase eligibility date and probation period of any employee who receives workers' compensation benefits shall be extended by the length of time he/she the employee receives such benefits, except that the first fifteen (15) consecutive calendar days of benefits shall be considered Authority service for merit increase eligibility and completion of the probation period. g. Time during which an employee receives workers' compensation temporary disability benefits shall be counted toward the computation of Authority seniority and determination of sick leave Sick Leave and vacation earning rates.

Appears in 1 contract

Samples: Memorandum of Understanding

Disability Payments and Leave. A. Exhaustion of Employees Eligible for 4850 Benefits 1. Disability Payments and Leave a. When an employee who is eligible for workers’ compensation benefits is compelled to be absent from duty by reason of injury, illness or disease arising out of and in the course of Authority employment, the employee shall be compensated pursuant to California workers’ compensation laws, to include Labor Code Section 4850. b. Employee will be placed on Workers’ Compensation Leave pursuant to Article V Section 10. 2. Exhaustion of 4850 Benefits When an employee has exhausted all rights and benefits provided by California Labor Code Section 4850 4850, and he/she such employee continues to be unable to return to work due to an injury injury, illness or disease arising out of and in the course of Authority employment, such employee shall be treated in the following manner: a. He/she They shall be entitled to all benefits provided by California Workers' Compensation Law; and. b. He/she They shall be placed receive temporary disability benefits in accordance with Labor Code 4653 and 4656 that states that temporary disability benefits “shall not extend for more than 104 weeks within a period of five years from the date of injury.” c. They shall remain on Workers’ Compensation Leave; and. c. All sick leaved. At the employee's option, Xxxx Leave, compensatory time, and vacation shall may be added—at the employee’s option—added to the workers' compensation temporary disability benefit, if eligible for such benefit, which shall equal up to one hundred (100) percent of the employee’s 's base salary until such accruals are exhausted; or. d. e. If the employee is not eligible for temporary disability or exhausts his/her their temporary disability benefit, at the employee’s 's option, such accruals shall may be continued until they are exhausted. An election to continue accruals shall be irrevocable. e. f. Upon exhaustion of all sick leaveSick Leave, compensatory time, and vacation, the employee shall not accrue sick leave Sick Leave or vacation for the remainder of Workers' Compensation Leave f. The probation period of any employee who receives workers’ compensation benefits shall be extended by the length of time he/she receives such benefits, except that the first fifteen (15) consecutive calendar days of benefits shall be considered Authority service for completion of the probation period. g. Time during which an employee receives workers' compensation temporary disability benefits shall be counted toward the computation of Authority seniority and determination of sick leave Sick Leave and vacation earning rates. B. Employees Not Eligible for 4850 Benefits 1. Disability Payment and Leave For employees who have suffered an industrial injury, illness or disease, and do not qualify for benefits pursuant to Labor Code Section 4850 (i.e., non-safety employees) the following shall apply: a. When an employee is compelled to be absent from duty by reason of injury, illness or disease arising out of and in the course and scope of Authority employment, the employee shall receive workers' compensation supplemental pay of 13.33%, which—when added to the workers' compensation temporary disability benefit of 66.67% (pursuant to statutory maximums and minimums)—shall equal eighty percent (80%) of the employee's base salary for a period not to exceed one (1) year, including holidays. b. Workers' compensation supplemental pay shall begin the same day as the workers' compensation temporary disability benefits. Prior to qualifying for workers' compensation temporary disability benefits, an injured employee may, at their option, use any accrued Sick Leave, compensatory time, and/or vacation, in that order. c. While an employee receives workers' compensation supplemental pay, no deductions or payments shall be made from any Sick Leave, compensatory time, or vacation time previously accumulated by the employee. The employee shall not accrue Sick Leave or vacation credit during the period in which the employee receives workers' compensation temporary disability benefits. d. When an injury is determined to be job-related by the Authority or by the Workers' Compensation Appeals Board, eighty percent (80%) of all Sick Leave, compensatory time, and/or vacation expended since the fourth day of disability shall be restored to the employee's account(s), except that if the injury required the employee's hospitalization or caused disability of more than fourteen (14) days, eighty (80) percent of all Sick Leave, compensatory time, and/or vacation expended since the first day of disability shall be restored to the employee's account(s). 2. Employee will be placed on Workers’ Compensation Leave pursuant to Article V Section 10 and, if eligible, leave pursuant to the Federal Family and Medical Leave Act and California Family Rights Act pursuant to Article V Section 12. C. The merit increase eligibility date and probation period of any employee who is placed on a Workers’ Compensation Leave shall be extended by the length of time of the Leave, except that the first fifteen (15) consecutive calendar days from the date of the injury shall be considered Authority service for merit increase eligibility and completion of the probation period. D. When an employee is no longer entitled to receive workers' compensation supplemental pay, the employee may, at their option, use Sick Leave, compensatory time, and vacation, in that order, if the employee is compelled to be absent from duty as set forth in Section 2.B.1 of this Article. E. Time during which an employee receives workers' compensation temporary disability benefits shall be counted toward the computation of Authority seniority and determination of Sick Leave and vacation earning rates.

Appears in 1 contract

Samples: Memorandum of Understanding

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Disability Payments and Leave. A. Exhaustion of Employees Eligible for 4850 Benefits 1. Disability Payments and Leave a. When an employee who is eligible for workers’ compensation benefits is compelled to be absent from duty by reason of injury, illness or disease arising out of and in the course of Authority employment, the employee shall be compensated pursuant to California workers’ compensation laws, to include Labor Code Section 4850. b. Employee will be placed on Workers’ Compensation Leave pursuant to Article V Section 10. 2. Exhaustion of 4850 Benefits When an employee has exhausted all rights and benefits provided by California Labor Code Section 4850 4850, and he/she such employee continues to be unable to return to work due to an injury injury, illness or disease arising out of and in the course of Authority employment, such employee shall be treated in the following manner: a. He/she They shall be entitled to all benefits provided by California Workers' Compensation Law; and. b. He/she They shall be placed receive temporary disability benefits in accordance with Labor Code 4653 and 4656 that states that temporary disability benefits “shall not extend for more than 104 weeks within a period of five years from the date of injury.” c. They shall remain on Workers’ Compensation Leave; and. c. All sick leaved. At the employee's option, Xxxx Leave, compensatory time, and vacation shall may be added—at the employee’s option—added to the workers' compensation temporary disability benefit, if eligible for such benefit, which shall equal up to one hundred (100) percent of the employee’s 's base salary until such accruals are exhausted; or. d. e. If the employee is not eligible for temporary disability or exhausts his/her their temporary disability benefit, at the employee’s 's option, such accruals shall may be continued until they are exhausted. An election to continue accruals shall be irrevocable. e. f. Upon exhaustion of all sick leaveSick Leave, compensatory time, and vacation, the employee shall not accrue sick leave Sick Leave or vacation for the remainder of Workers' Compensation Leave f. The probation period of any employee who receives workers’ compensation benefits shall be extended by the length of time he/she receives such benefits, except that the first fifteen (15) consecutive calendar days of benefits shall be considered Authority service for completion of the probation period. g. Time during which an employee receives workers' compensation temporary disability benefits shall be counted toward the computation of Authority seniority and determination of sick leave Sick Leave and vacation earning rates. B. Employees Not Eligible for 4850 Benefits 1. Disability Payment and Leave For employees who have suffered an industrial injury, illness or disease, and do not qualify for benefits pursuant to Labor Code Section 4850 (i.e., non-safety employees) the following shall apply: a. When an employee is compelled to be absent from duty by reason of injury, illness or disease arising out of and in the course and scope of Authority employment, the employee shall receive workers' compensation supplemental pay, which—when added to the workers' compensation temporary disability benefit of 66.67% (pursuant to statutory maximums and minimums)—shall equal eighty percent (80%) of the employee's base salary for a period not to exceed one (1) year, including holidays. b. Workers' compensation supplemental pay shall begin the same day as the workers' compensation temporary disability benefits. Prior to qualifying for workers' compensation temporary disability benefits, an injured employee may, at their option, use any accrued Sick Leave, compensatory time, and/or vacation, in that order. c. While an employee receives workers' compensation supplemental pay, no deductions or payments shall be made from any Sick Leave, compensatory time, or vacation time previously accumulated by the employee. The employee shall not accrue Sick Leave or vacation credit during the period in which the employee receives workers' compensation temporary disability benefits. d. When an injury is determined to be job-related by the Authority or by the Workers' Compensation Appeals Board, eighty percent (80%) of all Sick Leave, compensatory time, and/or vacation expended since the fourth day of disability shall be restored to the employee's account(s), except that if the injury required the employee's hospitalization or caused disability of more than fourteen (14) days, eighty (80) percent of all Sick Leave, compensatory time, and/or vacation expended since the first day of disability shall be restored to the employee's account(s). 2. Employee will be placed on Workers’ Compensation Leave pursuant to Article V Section 10 and, if eligible, leave pursuant to the Federal Family and Medical Leave Act and California Family Rights Act pursuant to Article V Section 12. C. The merit increase eligibility date and probation period of any employee who is placed on a Workers’ Compensation Leave shall be extended by the length of time of the Leave, except that the first fifteen (15) consecutive calendar days from the date of the injury shall be considered Authority service for merit increase eligibility and completion of the probation period. D. When an employee is no longer entitled to receive workers' compensation supplemental pay, the employee may, at their option, use Sick Leave, compensatory time, and vacation, in that order, if the employee is compelled to be absent from duty as set forth in Section 2.B.1 of this Article. E. Time during which an employee receives workers' compensation temporary disability benefits shall be counted toward the computation of Authority seniority and determination of Sick Leave and vacation earning rates.

Appears in 1 contract

Samples: Memorandum of Understanding

Disability Payments and Leave. A. Exhaustion of 4850 Benefits 1. When an employee has exhausted all rights and benefits provided by California Labor Code Section 4850 and he/she shethey continues to be unable to return to work due to an injury injury, illness or disease arising out of and in the course of Authority employment, such employee shall be treated in the following manner: a. He/she sheThey shall be entitled to all benefits provided by California Workers’ Compensation Law; and b. He/she sheThey shall be placed on Workers’ Compensation Leave; and c. All sick leave, compensatory time, flex time and vacation may shall be added—at the employee’s option—to the workers’ compensation temporary disability benefit, if eligible for such benefit, which shall equal one hundred (100) percent of the employee’s base salary until such accruals are exhausted; or d. If the employee is not eligible for temporary disability or exhausts his/her hertheir temporary disability benefit—at the employee’s optionsuch accruals shall be continued until they are exhausted. An election to continue accruals shall be irrevocable e. Upon exhaustion of all sick leave, compensatory time, and vacation, the employee shall not accrue sick leave or vacation for the remainder of Workers’ Compensation Leave f. The probation period of any employee who receives workers’ compensation benefits shall be extended by the length of time he/she shethey receives such benefits, except that the first fifteen (15) consecutive calendar days of benefits shall be considered Authority service for completion of the probation period. g. Time during which an employee receives workers’ compensation temporary disability benefits shall be counted toward the computation of Authority seniority and determination of sick leave and vacation earning rates.

Appears in 1 contract

Samples: Memorandum of Understanding

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