Common use of Employee Injury or Disability Clause in Contracts

Employee Injury or Disability. Employees shall be eligible for Industrial, Enhanced Industrial Disability Leave, and Nonindustrial Disability Leave as provided in Government Code Sections 19869 through 19885 and as described below. A. IDL 1. For periods of disability commencing on or after July 1, 1992, eligible employees shall receive IDL payments equivalent to full net pay for the first 22 work days after the date of the reported injury. 2. In the event that the disability exceeds 22 work days, the employee will receive 66 and 2/3 percent of gross pay from the 23rd work day of disability until the end of the 52nd week of disability. No IDL or payments shall be allowed after two years from the first day (i.e., date) of disability. 3. The employee may elect to supplement payment from the 23rd work day with accrued leave credits including annual leave, vacation, sick leave, or compensating time off (CTO) in the amount necessary to match, but not exceed, full net pay. Full net pay is defined as the net pay the employee would have received if he/she had been working and not on disability. Partial supplementation will be allowed, but fractions of less than one hour will not be permitted. Once the level of supplementation is selected, it may be decreased to accommodate a declining leave balance but it may not be increased. Reductions to supplementation amounts will be made on a prospective basis only. 41 BU 10 (01-03) 4. Temporary Disability (TD) with supplementation, as provided for in Government Code Section 19863, will no longer be available to any State employee who is a member of either the PERS or STRS retirement system during the first 52 weeks, after the first date of disability, within a two-year period. Any employee who is already receiving disability payments on the effective date of this provision will be notified and given 30 days to make a voluntary, but irrevocable, change to the new benefit for the remainder of his/her eligibility for IDL. 5. If the employee remains disabled after the IDL benefit is exhausted, then the employee will be eligible to receive Temporary Disability benefits as provided for in Government Code Section 19863, except that no employee will be allowed to supplement Temporary Disability payments in an amount which exceeds the employee's full net pay as defined above. 6. In the event that an employee is determined to be "permanent and stationary" by his/her physician before the IDL benefit is exhausted, but is unable to return to work, he/she must agree to participation in a vocational rehabilitation program. Refusing to participate will result in immediate suspension of the IDL benefit. 7. All appeals of an employee's denial of IDL benefits shall only follow the procedures in the Government Code and Title 2. All disputes relating to an employee's denial of benefits are not grievable or arbitrable. This does not change either party's contractual rights which are not related to an individual's denial of benefits. B. EIDL. The following classifications in Unit 10 shall be eligible for Enhanced Industrial Disability Leave (EIDL), as described below: BH70 Environmental Scientist BH74 Staff Environmental Scientist BH94 Hazardous Materials Specialist BH93 Associate Hazardous Materials Specialist BH92 Senior Hazardous Materials Specialist (Technical) SW80 Examiner I, Laboratory Field Services SW75 Examiner II, Laboratory Field Services 1. An employee in the above enumerated classifications who loses the ability to work for more than 22 work days as the result of an injury incurred in the official performance of his/her duties, may be eligible for financial augmentation to the existing industrial disability leave benefits. Such injury must have been directly and specifically caused by an assault by an inmate, xxxx, or parolee under the jurisdiction of the California Department of Corrections or the Department of Youth Authority. 42 BU 10 (01-03) 2. Employee in the above enumerated classifications who loses the ability to work for more than 22 work days as the result of an injury incurred in the official performance of his/her duties, may be eligible for financial augmentation to the existing industrial disability leave benefits. Such injury must have been directly and specifically caused by an assault by an inmate, xxxx, or parolee under the jurisdiction of the Department of Developmental Services or the Department of Mental Health or the Department of Veterans Affairs. 3. The EIDL benefits will be equivalent to the injured employee's net take home salary on the date of occurrence of the injury. EIDL eligibility and benefits may continue for no longer than one year after the date of occurrence of injury. For the purposes of this Section, "net salary" is defined as the amount of salary received after federal income tax, State income tax, and the employee's retirement contribution have been deducted from the employee's gross salary. The EIDL benefit will continue to be subject to miscellaneous payroll deductions. 4. XXXX will apply only to serious physical injuries and any complications directly related medically and attributable to the assault, as determined by the department director or designee. This benefit shall not be applied to either presumptive, stress-related disabilities, or physical disability having mental origin. 5. The final decision as to whether an employee is eligible for, or continues to be eligible for EIDL shall rest with the department director or designee. The department may periodically review the employee's condition by any means necessary to determine an employee's continued eligibility for EIDL. 6. Other existing rules regarding the administration of IDL will be followed in the administration of EIDL. 7. This Section relating to EIDL will not be subject to the arbitration procedure of this MOU.

Employee Injury or Disability. Employees shall be eligible for Industrial, Enhanced Industrial Disability Leave, and Nonindustrial Disability Leave as provided in Government Code Sections 19869 through 19885 and as described below. A. IDL 1. For periods of disability commencing on or after July 1, 1992, eligible employees shall receive IDL payments equivalent to full net pay for the first 22 work days after the date of the reported injury. 2. In the event that the disability exceeds 22 work days, the employee will receive 66 and 2/3 percent of gross pay from the 23rd work day of disability until the end of the 52nd week of disability. No IDL or payments shall be allowed after two years from the first day (i.e., date) of disability. 3. The employee may elect to supplement payment from the 23rd work day with accrued leave credits including annual leave, vacation, sick leave, or compensating time off (CTO) in the amount necessary to match, but not exceed, full net pay. Full net pay is defined as the net pay the employee would have received if he/she had been working and not on disability. Partial supplementation will be allowed, but fractions of less than one hour will not be permitted. Once the level of supplementation is selected, it may be decreased to accommodate a declining leave balance but it may not be increased. Reductions to supplementation amounts will be made on a prospective basis only. 41 BU 10 (01-03). 4. Temporary Disability (TD) with supplementation, as provided for in Government Code Section 19863, will no longer be available to any State employee who is a member of either the PERS or STRS retirement system during the first 52 weeks, after the first date of disability, within a two-year period. Any employee who is already receiving disability payments on the effective date of this provision will be notified and given 30 days to make a voluntary, but irrevocable, change to the new benefit for the remainder of his/her eligibility for IDL. 5. If the employee remains disabled after the IDL benefit is exhausted, then the employee will be eligible to receive Temporary Disability benefits as provided for in Government Code Section 19863, except that no employee will be allowed to supplement Temporary Disability payments in an amount which exceeds the employee's full net pay as defined above. 6. In the event that an employee is determined to be "permanent and stationary" by his/her physician before the IDL benefit is exhausted, but is unable to return to work, he/she must agree to participation in a vocational rehabilitation program. Refusing to participate will result in immediate suspension of the IDL benefit. 7. All appeals of an employee's denial of IDL benefits shall only follow the procedures in the Government Code and Title 2. All disputes relating to an employee's denial of benefits are not grievable or arbitrable. This does not change either party's contractual rights which are not related to an individual's denial of benefits. B. EIDL. The following classifications in Unit 10 shall be eligible for Enhanced Industrial Disability Leave (EIDL), as described below: BH70 Environmental Scientist BH74 Staff Environmental Scientist BH94 Hazardous Materials Specialist BH93 Associate Hazardous Materials Specialist BH92 Senior Hazardous Materials Specialist (Technical) SW80 Examiner I, Laboratory Field Services SW75 Examiner II, Laboratory Field ServicesServices IC61 Assistant Industrial Hygienist IC62 Associate Industrial Hygienist 1. An employee in the above enumerated classifications who loses the ability to work for more than 22 work days as the result of an injury incurred in the official performance of his/her duties, may be eligible for financial augmentation to the existing industrial disability leave benefits. Such injury must have been directly and specifically caused by an assault by an inmate, xxxx, or parolee under the jurisdiction of the California Department of Corrections or the Department of Youth Authority. 42 BU 10 (01-03). 2. Employee in the above enumerated classifications who loses the ability to work for more than 22 work days as the result of an injury incurred in the official performance of his/her duties, may be eligible for financial augmentation to the existing industrial disability leave benefits. Such injury must have been directly and specifically caused by an assault by an inmate, xxxx, or parolee under the jurisdiction of the Department of Developmental Services or the Department of Mental Health or the Department of Veterans Affairs. 3. The EIDL benefits will be equivalent to the injured employee's net take home salary on the date of occurrence of the injury. EIDL eligibility and benefits may continue for no longer than one year after the date of occurrence of injury. For the purposes of this Section, "net salary" is defined as the amount of salary received after federal income tax, State income tax, and the employee's retirement contribution have been deducted from the employee's gross salary. The EIDL benefit will continue to be subject to miscellaneous payroll deductions. 4. XXXX EIDL will apply only to serious physical injuries and any complications directly related medically and attributable to the assault, as determined by the department director or designee. This benefit shall not be applied to either presumptive, stress-related disabilities, or physical disability having mental origin. 5. The final decision as to whether an employee is eligible for, or continues to be eligible for EIDL shall rest with the department director or designee. The department may periodically review the employee's condition by any means necessary to determine an employee's continued eligibility for EIDL. 6. Other existing rules regarding the administration of IDL will be followed in the administration of EIDL. 7. This Section relating to EIDL will not be subject to the arbitration procedure of this MOU.