Enhanced Industrial Disability Leave (EIDL. A. An employee working in the Department of Corrections or in the Department of the Youth Authority who loses the ability to work for more than twenty-two (22) workdays 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. B. An employee working in the Departments of Developmental Services, Mental Health, or Veterans Affairs who loses the ability to work for more than twenty- two (22) workdays as the result of an injury incurred in the official performance of his/her duties may be eligible for a financial augmentation to the existing Industrial Disability Leave benefits. Such injury must have been directly and specifically caused by an assault by a resident, patient, client, or member. C. 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. X. 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. E. 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. F. Other existing rules regarding the administration of IDL will be followed in the administration of EIDL. G. This section relating to EIDL will not be subject to the arbitration procedure of this Contract.
Appears in 5 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Enhanced Industrial Disability Leave (EIDL. A. An employee working in the Department of Corrections or in the Department of the Youth Authority CDCR who loses the ability to work for more than twenty-two (22) workdays 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 (IDL) benefits. Such injury must have been directly and specifically caused by an assault by an a patient/client or inmate, /xxxx, or parolee.
B. An employee working in the Departments of Developmental ServicesDDS, Mental HealthDSH, CDVA, or Veterans Affairs in the Special Schools in the CDE who loses the ability to work for more than twenty- twenty-two (22) workdays as the result of an injury incurred in the official performance of his/her duties may be eligible for a financial augmentation to the existing Industrial Disability Leave IDL benefits. Such injury must have been directly and specifically caused by an assault by a or in the restraining of an assaultive resident, patient, (individual), student, client, or member.
C. 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.
X. XXXX D. EIDL will apply only to serious physical injuries and any complications directly related medically and attributable to the assaultan injury as delineated in A and B above, 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.
E. 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 ’s continued eligibility for EIDL.
F. Other existing rules regarding the administration of IDL will be followed in the administration of EIDL.
G. This section relating to EIDL will not be subject to the arbitration procedure of this Contract.
H. In circumstances that deviate from paragraphs A, B, and D the Director may consider and grant EIDL on a case-by-case basis when he/she determines the injury was in fact job-related.
I. If a claim is denied by the department director, the Union may request a review by CalHR.
J. Within thirty (30) days of the ratification of this agreement, the parties will meet to discuss whether Bargaining Unit 3 employees working for the Department of Rehabilitation meet the criteria to be eligible for EIDL.
Appears in 4 contracts
Samples: Master Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Enhanced Industrial Disability Leave (EIDL. A. a. An employee working in the Department of Corrections or in the Department of the Youth Authority who loses the ability to work for more than twenty-two (22) workdays 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.
B. An employee working in the Departments of Developmental Services, Mental Health, or Veterans Affairs who loses the ability to work for more than twenty- two (22) workdays as the result of an injury incurred in the official performance of his/her duties may be eligible for a financial augmentation to the existing Industrial Disability Leave benefits. Such injury must have been directly and specifically caused by an assault by a resident, or in the restraining of an assaultive patient, /client, or memberexcept that the Department Director may waive these preceding restrictions. An employee who is determined to be eligible for EIDL shall receive EIDL benefits from the first full day of absence.
C. b. The EIDL benefits benefit will be equivalent to the injured employee’s 's net take 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 initial absence as a result of the injury. For the purposes of this sectionSection, “"net salary” " is defined as the amount of salary received earned after deduction of Federal income tax, State income tax, and the employee’s 's retirement contribution have been deducted from the employee’s gross salaryand OASDI. The EIDL benefit will continue to be subject to miscellaneous payroll deductions.. 55
X. x. XXXX will apply only to serious physical injuries and any complications directly related medically and attributable to the assault, or other injury as determined by the department director or designee. This The benefit shall not be applied to either presumptivepresumptive illness, stress-related disabilities, disabilities or physical disability having mental originorigins.
E. d. The final decision as to whether an employee is eligible for, or continues to be eligible for EIDLfor, EIDL shall rest with the department director or designee. The department may periodically review the employee’s 's condition by any means necessary to determine an employee's continued eligibility for EIDL.
F. Other existing rules regarding the administration of IDL will be followed in the administration of EIDL.
G. e. This section relating to EIDL will is grievable only through the second step of the grievance procedure as the final step of appeal and is not be subject to the arbitration procedure of this ContractAgreement.
f. EIDL eligibility and benefits may not exceed 52 weeks (365 calendar days) within two years of the first day of lost time. The employee's full gross salary is reduced by the amount of federal and state income tax and OASDI or Medicare to establish the "EIDL reduced gross." The intent of the EIDL program is to maintain, as closely as possible, the disabled employee's monthly take-home pay. The retirement contribution is computed and deducted based on the employee's full gross salary. The EIDL benefit is subject to miscellaneous payroll deductions. Additional withholding for taxes, deferred compensation/administrative charge, tax sheltered annuity or Flex-Elect will not be withheld from EIDL payments. EIDL payments are not reported as taxable wages or other compensation on the Form W-2.
g. EIDL shall continue beyond the physician's statement that the employee's condition is "permanent and stationary" providing the employee has benefits remaining and at least one of the following conditions exists:
(1) The employee is declared a "qualified injured worker" and is eligible for and agrees to participate in vocational rehabilitation.
(2) The employee has initiated the disability retirement process.
h. If the EIDL benefits are to be terminated, the employee shall be notified by letter and be advised as to the status of his/her health, retirement and miscellaneous deductions.
i. All checks issued pursuant to this section from the facility revolving fund shall have an explanation as to the monies received and pay periods covered.
j. A standard Supervisor's Report of Injury shall be submitted to the Health and Safety Officer within 24 hours after a job-related injury. Within five (5) working days after such notice of injury, the Health and Safety Officer shall provide the injured employee with written information concerning the rights, benefits and obligations under the worker's compensation law.
k. Within five (5) days after denial of IDL or EIDL, the Health and Safety Officer shall provide the injured employee written notice of the reason for denial.
l. Claims for EIDL benefits must be filed within one year from the date of the incident causing the injury.
Appears in 3 contracts
Samples: Psychiatric Technicians Contract, Labor Contract, Psychiatric Technicians Contract
Enhanced Industrial Disability Leave (EIDL. A. An employee working in the Department of Corrections or in the Department of the Youth Authority who loses the ability to work for more than twenty-two (22) 22 workdays 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.
B. An employee working in the Departments of Developmental Services, Mental Health, or Veterans Affairs who loses the ability to work for more than twenty- two (22) 22 workdays as the result of an injury incurred in the official performance of his/her duties may be eligible for a financial augmentation to the existing Industrial Disability Leave benefits. Such injury must have been directly and specifically caused by an assault by a resident, patient, client, or member.
C. 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.
X. 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.
E. 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.
F. Other existing rules regarding the administration of IDL will be followed in the administration of EIDL.
G. This section relating to EIDL will not be subject to the arbitration procedure of this Contract.
Appears in 3 contracts
Samples: Labor Contract, Contract, Collective Bargaining Agreement
Enhanced Industrial Disability Leave (EIDL. A. An employee working in the Department of Corrections or in the Department of the Youth Authority who loses the ability to work for more than twenty-two (22) workdays 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 industrial disability leave benefits. Such injury must have been directly and specifically caused by an assault by an inmate, xxxx, or parolee, under the authority of the Department of Corrections and Rehabilitation.
B. An employee working in the Departments of Developmental Services, Mental Health, or Veterans Affairs Unit 13 employees who loses lose the ability to work for more than twenty- twenty-two (22) workdays as the result of an injury incurred in the official performance of his/her their duties may be eligible for a financial augmentation to the existing Industrial Disability Leave industrial disability leave benefits. Such injury must have been directly and specifically caused by an assault by a resident, patient, or client, under the authority of the Department of Developmental Services, State Hospitals, or memberVeteran's Affairs.
C. The EIDL benefits will be equivalent to the injured employee’s '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, tax and the employee’s 's retirement contribution have has been deducted from the employee’s 's gross salary. The EIDL benefit will continue to be subject to miscellaneous payroll deductions.
X. XXXX D. 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 apply to either presumptive, stress-stress related disabilities, or to physical disability having a mental origin.
E. The final decision as to whether an employee is eligible for, or continues to be eligible for EIDLfor, EIDL shall rest with the department director or designee. The department may periodically review the employee’s 's condition by any means necessary to determine an employee's continued eligibility for EIDL.
F. Other existing rules regarding the administration of IDL will be followed in the administration of EIDL.
G. This section relating to EIDL will not be subject to the arbitration procedure of this ContractAgreement.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Enhanced Industrial Disability Leave (EIDL. A. An employee working in the Department of Corrections or in the Department of the Youth Authority Employees who loses lose the ability to work for more than twenty-two (22) workdays 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.
B. An employee working in the Departments of Developmental Services, Mental Health, or Veterans Affairs who loses the ability to work for more than twenty- two (22) workdays as the result of an injury incurred in the official performance of his/her their duties may be eligible for a financial augmentation to the existing Industrial Disability Leave benefitsBenefits. Such injury must have been directly and specifically caused by an assault by a residentor in the restraining of an assaultive patient/client/inmate, patient, client, or member.
C. The except that the Department Director may waive these preceding restrictions. An employee who is determined to be eligible for EIDL shall receive 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 deductionsfirst full day of absence.
X. XXXX will apply only to serious physical injuries and any complications directly related medically and attributable to the assault, or other injury as determined by the department director or designee. This benefit shall not be applied to either presumptivepresumptive illness, stress-related disabilities, or physical disability disabilities having mental originorigins.
E. C. 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 's condition by any means necessary to determine an employee's continued eligibility for EIDL.
F. Other existing rules regarding the administration of IDL will be followed in the administration of EIDL.
G. D. This section Section relating to EIDL will is grievable only through the second step of the grievance procedure as the final step of appeal and is not be subject to the arbitration procedure of this ContractAgreement.
E. EIDL eligibility and benefits may not exceed 52 weeks (365 calendar days) within two years of the first day of lost time. The employee's full gross salary is reduced by the amount of federal and state income tax and OASDI or Medicare to establish the "EIDL reduced gross". The intent of the EIDL program is to maintain, as closely as possible, the disabled employee's monthly take home pay. The retirement contribution is computed and deducted based on the employee's full gross salary. The EIDL benefit is subject to miscellaneous payroll deductions. Additional withholding for taxes, deferred compensation/administrative charge, tax sheltered annuity or Flex-Elect will not be withheld from EIDL payments. EIDL payments will be reported in accordance with applicable tax law and Internal Revenue Service rules and regulations.
X. XXXX shall continue beyond the physician's statement that the employee's condition is "permanent and stationary" providing the employee has benefits remaining and the employee has initiated the disability retirement process.
G. If the EIDL benefits are to be terminated, the employee shall be notified by letter and be advised as to the status of health, retirement and miscellaneous deductions.
H. All checks issued pursuant to this section from the facility revolving fund shall have an explanation as to the monies received and pay periods covered.
I. A standard Supervisor's Report of Injury shall be submitted to the Health and Safety Officer within 24 hours after a job-related injury.
J. The employer will comply with the notice requirements specified in Labor Code Section 5401. All disputes relating to notice requirements under the Labor Code are not grievable or arbitrable.
K. Claims of EIDL benefits must be filed within one year from the date of the incident causing the injury.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Enhanced Industrial Disability Leave (EIDL. A. An employee working in the Department of Corrections or in the Department of the Youth Authority who loses the ability to work for more than twenty-two (22) 22 workdays 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 industrial disability leave benefits. Such injury must have been directly and specifically caused by an assault by an inmate, xxxx, or parolee, under the authority of the Department of Corrections or the Department of Youth Authority.
B. An employee working in the Departments of Developmental Services, Mental Health, or Veterans Affairs Unit 13 employees who loses lose the ability to work for more than twenty- two (22) 22 workdays as the result of an injury incurred in the official performance of his/her their duties may be eligible for a financial augmentation to the existing Industrial Disability Leave industrial disability leave benefits. Such injury must have been directly and specifically caused by an assault by a resident, patient, or client, under the authority of the Department of Developmental Services, Mental Health, or memberVeteran's Affairs.
C. The EIDL benefits will be equivalent to the injured employee’s '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 federal income tax, State income tax, tax and the employee’s 's retirement contribution have has been deducted from the employee’s 's gross salary. The EIDL benefit will continue to be subject to miscellaneous payroll deductions.
X. 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 apply to either presumptive, stress-stress related disabilities, or to physical disability having a mental origin.
E. The final decision as to whether an employee is eligible for, or continues to be eligible for EIDLfor, EIDL shall rest with the department director or designee. The department may periodically review the employee’s 's condition by any means necessary to determine an employee's continued eligibility for EIDL.
F. Other existing rules regarding the administration of IDL will be followed in the administration of EIDL.
G. This section relating to EIDL will not be subject to the arbitration procedure of this ContractAgreement.
Appears in 2 contracts
Enhanced Industrial Disability Leave (EIDL. A. An employee working in the Department of Corrections or in the Department of the Youth Authority who loses the ability to work for more than twenty-two (22) workdays 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.
B. An employee working in the Departments of Developmental Services, Mental Health, or Veterans Affairs who loses the ability to work for more than twenty- two (22) workdays as the result of an injury incurred in the official performance of his/her duties may be eligible for a financial augmentation to the existing Industrial Disability Leave benefits. Such injury must have been directly and specifically caused by an assault by a residentor in the restraining of an assaultive patient/client or inmate/xxxx, patient, client, or memberexcept that the Department Director may waive these preceding restrictions. An employee who is determined to be eligible for EIDL shall receive EIDL benefits from the first full day of absence.
C. The B. 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.
X. XXXX will apply only to serious physical injuries and any complications directly related medically and attributable to the assault, or other injury as determined by the department director or designee. This The benefit shall not be applied to either presumptivepresumptive illnesses, stress-related disabilities, disabilities or physical disability disabilities having mental originorigins.
E. C. The final decision as to whether an employee is eligible for, or continues to be eligible for EIDLfor, EIDL shall rest with the department director or designee. The department may periodically review the employee’s 's condition by any means necessary to determine an employee's continued eligibility for EIDL.
F. Other existing rules regarding the administration of IDL will be followed in the administration of EIDL.
G. D. This section Section relating to EIDL will is grievable only through the second step of the grievance procedure as the final step of appeal and is not be subject to the arbitration procedure of this ContractAgreement.
E. EIDL eligibility and benefits may not exceed 52 weeks (365 calendar days) within two years of the first day of lost time. The employee's full gross salary is reduced by the amount of federal and state income tax and OASDI or Medicare to establish the "EIDL reduced gross." The intent of the EIDL program is to maintain, as closely as possible, the disabled employee's monthly take-home pay. The retirement contribution is computed and deducted based on the employee's full gross salary. The EIDL benefit is subject to miscellaneous payroll deductions. Additional withholding for taxes, deferred compensation/administrative charge, tax sheltered annuity or Flex-Elect will not be withheld from EIDL payments. EIDL payments will be reported in accordance with applicable tax law and Internal Revenue Service rules and regulations.
F. EIDL shall continue beyond the physician's statement that the employee's condition is "permanent and stationary" providing the employee has benefits remaining and at least one of the following conditions exists:
1. The employee is declared a "qualified injured worker" and is eligible for and agrees to participate in vocational rehabilitation.
2. The employee has initiated the disability retirement process.
G. If the EIDL benefits are to be terminated, the employee shall be notified by letter and be advised as to the status of his/her health, retirement and miscellaneous deductions.
H. All checks issued pursuant to this Section from the facility revolving fund shall have an explanation as to the monies received and pay periods covered.
I. A standard Supervisor's Report of Injury shall be submitted to the Health and Safety Officer within 24 hours after a job-related injury.
J. The employer will comply with the notice requirements specified in the Labor Code. All disputes relating to notice requirements under the Labor Code are not grievable or arbitrable.
K. Within five (5) days after denial of IDL or EIDL, the Health and Safety Officer shall provide the injured employee written notice of the reason for denial.
L. Claims for EIDL benefits must be filed within one year from the date of the incident causing the injury.
M. The State shall make reasonable effort to assign employees returning from enhanced industrial disability leave to the shift and days off they had prior to going on enhanced industrial disability leave.
Appears in 2 contracts
Samples: Bargaining Agreement, Bargaining Agreement
Enhanced Industrial Disability Leave (EIDL. A. An employee working in the Department of Corrections or in the Department of the Youth Authority who loses the ability to work for more than twenty-two (22) workdays 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.
B. An employee working in the Departments of Developmental Services, Mental Health, or Veterans Affairs who loses the ability to work for more than twenty- two (22) workdays as the result of an injury incurred in the official performance of his/her duties may be eligible for a financial augmentation to the existing Industrial Disability Leave benefits. Such injury must have been directly and specifically caused by an assault by a resident, patient, client, or member.
C. 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.
X. 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-stress- related disabilities, or physical disability having mental origin.
E. 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.
F. Other existing rules regarding the administration of IDL will be followed in the administration of EIDL.
G. This section relating to EIDL will not be subject to the arbitration procedure of this Contract.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Enhanced Industrial Disability Leave (EIDL.
A. An employee working in the Department of Corrections or in the Department of the Youth Authority Employees who loses lose the ability to work for more than twenty-two (22) workdays 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.
B. An employee working in the Departments of Developmental Services, Mental Health, or Veterans Affairs who loses the ability to work for more than twenty- two (22) workdays as the result of an injury incurred in the official performance of his/her their duties may be eligible for a financial augmentation to the existing Industrial Disability Leave benefitsBenefits. Such injury must have been directly and specifically caused by an assault by a residentor in the restraining of an assaultive patient/client/inmate, patient, client, or memberexcept that the Department Director may waive these preceding restrictions. An employee who is determined to be eligible for EIDL shall receive EIDL benefits from the first full day of absence.
C. The B. 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.
X. XXXX will apply only to serious physical injuries and any complications directly related medically and attributable to the assault, or other injury as determined by the department director or designee. This benefit shall not be applied to either presumptivepresumptive illness, stress-related disabilities, or physical disability disabilities having mental originorigins.
E. C. 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 's condition by any means necessary to determine an employee's continued eligibility for EIDL.
F. Other existing rules regarding the administration of IDL will be followed in the administration of EIDL.
G. D. This section Section relating to EIDL will is grievable only through the second step of the grievance procedure as the final step of appeal and is not be subject to the arbitration procedure of this ContractAgreement.
E. EIDL eligibility and benefits may not exceed 52 weeks (365 calendar days) within two years of the first day of lost time. The employee's full gross salary is reduced by the amount of federal and state income tax and OASDI or Medicare to establish the "EIDL reduced gross". The intent of the EIDL program is to maintain, as closely as possible, the disabled employee's monthly take home pay. The retirement contribution is computed and deducted based on the employee's full gross salary. The EIDL benefit is subject to miscellaneous payroll deductions. Additional withholding for taxes, deferred compensation/administrative charge, tax sheltered annuity or Flex-Elect will not be withheld from EIDL payments. EIDL payments will be reported in accordance with applicable tax law and Internal Revenue Service rules and regulations.
F. EIDL shall continue beyond the physician's statement that the employee's condition is "permanent and stationary" providing the employee has benefits remaining and the employee has initiated the disability retirement process.
G. If the EIDL benefits are to be terminated, the employee shall be notified by letter and be advised as to the status of health, retirement and miscellaneous deductions.
H. All checks issued pursuant to this section from the facility revolving fund shall have an explanation as to the monies received and pay periods covered.
I. A standard Supervisor's Report of Injury shall be submitted to the Health and Safety Officer within 24 hours after a job-related injury.
J. The employer will comply with the notice requirements specified in Labor Code Section 5401. All disputes relating to notice requirements under the Labor Code are not grievable or arbitrable.
K. Claims of EIDL benefits must be filed within one year from the date of the incident causing the injury.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Enhanced Industrial Disability Leave (EIDL. A. An employee working in the Department of Corrections or in the Department of the Youth Authority who loses the ability to work for more than twenty-two (22) workdays 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.
B. An employee working in the Departments of Developmental Services, Mental Health, or Veterans Affairs who loses the ability to work for more than twenty- two (22) workdays as the result of an injury incurred in the official performance of his/her duties may be eligible for a financial augmentation to the existing Industrial Disability Leave benefits. Such injury must have been directly and specifically caused by an assault by a residentor in the restraining of an assaultive patient/client or inmate/xxxx, patient, client, or memberexcept that the Department Director may waive these preceding restrictions. An employee who is determined to be eligible for EIDL shall receive EIDL benefits from the first full day of absence.
C. The B. 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.
X. XXXX will apply only to serious physical injuries and any complications directly related medically and attributable to the assault, or other injury as determined by the department director or designee. This The benefit shall not be applied to either presumptivepresumptive illnesses, stress-related disabilities, disabilities or physical disability disabilities having mental originorigins.
E. C. The final decision as to whether an employee is eligible for, or continues to be eligible for EIDLfor, EIDL shall rest with the department director or designee. The department may periodically review the employee’s 's condition by any means necessary to determine an employee's continued eligibility for EIDL.
F. Other existing rules regarding the administration of IDL will be followed in the administration of EIDL.
G. D. This section Section relating to EIDL will is grievable only through the third step of the grievance procedure as the final step of appeal and is not be subject to the arbitration procedure of this ContractAgreement.
E. EIDL eligibility and benefits may not exceed 52 weeks (365 calendar days) within two years of the first day of lost time. The employee's full gross salary is reduced by the amount of federal and state income tax and OASDI or Medicare to establish the "EIDL reduced gross." The intent of the EIDL program is to maintain, as closely as possible, the disabled employee's monthly take-home pay. The retirement contribution is computed and deducted based on the employee's full gross salary. The EIDL benefit is subject to miscellaneous payroll deductions. Additional withholding for taxes, deferred compensation/administrative charge, tax sheltered annuity or Flex-Elect will not be withheld from EIDL payments. EIDL payments will be reported in accordance with applicable tax law and Internal Revenue Service rules and regulations.
F. EIDL shall continue beyond the physician's statement that the employee's condition is "permanent and stationary" providing the employee has initiated the disability retirement process.
G. If the EIDL benefits are to be terminated, the employee shall be notified by letter and be advised as to the status of his/her health, retirement and miscellaneous deductions.
H. All checks issued pursuant to this Section from the facility revolving fund shall have an explanation as to the monies received and pay periods covered.
I. A standard Supervisor's Report of Injury shall be submitted to the Health and Safety Officer within 24 hours after a job-related injury.
J. The employer will comply with the notice requirements specified in the Labor Code. All disputes relating to notice requirements under the Labor Code are not grievable or arbitrable.
K. Within five (5) days after denial of IDL or EIDL, the Health and Safety Officer shall provide the injured employee written notice of the reason for denial.
L. Claims for EIDL benefits must be filed within one year from the date of the incident causing the injury.
M. The State shall make reasonable effort to assign employees returning from enhanced industrial disability leave to the shift and days off they had prior to going on enhanced industrial disability leave. If the employee held a post and bid position, refer to Article 9.
N. The State and the Union agree to conduct a joint study regarding those employees who were denied EIDL and those qualified for IDL as a result of indirect physical contact with an assaultive or resistive inmate/xxxx, client, or patient within the term of this agreement. The study will review those employees approved and denied for EIDL and the difference in outcome based upon the differing qualifiers for EIDL. The departments will meet quarterly with local Union representatives and report the findings to CalHR and CAPT Headquarters on a semi-annual basis.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Bargaining Agreement
Enhanced Industrial Disability Leave (EIDL. A. An employee working in the Department of Corrections or in the Department of the Youth Authority who loses the ability to work for more than twenty-two (22) workdays 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.
B. An employee working in the Departments of Developmental Services, Mental Health, or Veterans Affairs who loses the ability to work for more than twenty- two (22) workdays as the result of an injury incurred in the official performance of his/her duties may be eligible for a financial augmentation to the existing Industrial Disability Leave benefits. Such injury must have been directly and specifically caused by an assault by a residentor in the restraining of an assaultive patient/client or inmate/xxxx, patient, client, or memberexcept that the Department Director may waive these preceding restrictions. An employee who is determined to be eligible for EIDL shall receive EIDL benefits from the first full day of absence.
C. B. The EIDL benefits benefit will be equivalent to the injured employee’s 's net take 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 initial absence as a result of the injury. For the purposes of this sectionSection, “"net salary” " is defined as the amount of salary received earned after deduction of Federal income tax, State income tax, and the employee’s 's retirement contribution have been deducted from the employee’s gross salaryand OASDI. The EIDL benefit will continue to be subject to miscellaneous payroll deductions.
X. XXXX will apply only to serious physical injuries and any complications directly related medically and attributable to the assault, or other injury as determined by the department director or designee. This The benefit shall not be applied to either presumptivepresumptive illness, stress-related disabilities, disabilities or physical disability having mental originorigins.
E. D. The final decision as to whether an employee is eligible for, or continues to be eligible for EIDLfor, EIDL shall rest with the department director or designee. The department may periodically review the employee’s 's condition by any means necessary to determine an employee's continued eligibility for EIDL.
F. Other existing rules regarding the administration of IDL will be followed in the administration of EIDL.
G. E. This section relating to EIDL will is grievable only through the second step of the grievance procedure as the final step of appeal and is not be subject to the arbitration procedure of this ContractAgreement.
X. XXXX eligibility and benefits may not exceed 52 weeks (365 calendar days) within two years of the first day of lost time. The employee's full gross salary is reduced by the amount of federal and state income tax and OASDI or Medicare to establish the "EIDL reduced gross." The intent of the EIDL program is to maintain, as closely as possible, the disabled employee's monthly take-home pay. The retirement contribution is computed and deducted based on the employee's full gross salary. The EIDL benefit is subject to miscellaneous payroll deductions. Additional withholding for taxes, deferred compensation/administrative charge, tax sheltered annuity or Flex-Elect will not be withheld from EIDL payments. EIDL payments are not reported as taxable wages or other compensation on the Form W-2.
X. XXXX shall continue beyond the physician's statement that the employee's condition is "permanent and stationary" providing the employee has benefits remaining and at least one of the following conditions exists:
1. The employee is declared a "qualified injured worker" and is eligible for and agrees to participate in vocational rehabilitation.
2. The employee has initiated the disability retirement process.
H. If the EIDL benefits are to be terminated, the employee shall be notified by letter and be advised as to the status of his/her health, retirement and miscellaneous deductions.
I. All checks issued pursuant to this section from the facility revolving fund shall have an explanation as to the monies received and pay periods covered.
J. A standard Supervisor's Report of Injury shall be submitted to the Health and Safety Officer within 24 hours after a job-related injury. Within five (5) working days after such notice of injury, the Health and Safety Officer shall provide the injured employee with written information concerning the rights, benefits and obligations under the worker's compensation law.
K. Within five (5) days after denial of IDL or EIDL, the Health and Safety Officer shall provide the injured employee written notice of the reason for denial.
L. Claims for EIDL benefits must be filed within one year from the date of the incident causing the injury.
Appears in 2 contracts
Samples: Bargaining Agreement, Bargaining Agreement
Enhanced Industrial Disability Leave (EIDL. A. An employee working in the Department of Corrections or in the Department of the Youth Authority Employees who loses lose the ability to work for more than twenty-two (22) workdays 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.
B. An employee working in the Departments of Developmental Services, Mental Health, or Veterans Affairs who loses the ability to work for more than twenty- two (22) workdays as the result of an injury incurred in the official performance of his/her their duties may be eligible for a financial augmentation to the existing Industrial Disability Leave benefitsBenefits. Such injury must have been directly and specifically caused by an assault by a residentor in the restraining of an assaultive patient/client/inmate, patient, client, or memberexcept that the Department Director may waive these preceding restrictions. An employee who is determined to be eligible for EIDL shall receive EIDL benefits from the first full day of absence.
C. The B. 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.
X. XXXX will apply only to serious physical injuries and any complications directly related medically and attributable to the assault, or other injury as determined by the department director or designee. This benefit shall not be applied to either presumptivepresumptive illness, stress-stress- related disabilities, or physical disability disabilities having mental originorigins.
E. C. 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. designee The department may periodically review the employee’s 's condition by any means necessary to determine an employee's continued eligibility for EIDL.
F. Other existing rules regarding the administration of IDL will be followed in the administration of EIDL.
G. D. This section Section relating to EIDL will is grievable only through the second step of the grievance procedure as the final step of appeal and is not be subject to the arbitration procedure of this ContractAgreement.
E. EIDL eligibility and benefits may not exceed 52 weeks (365 calendar days) within two years of the first day of lost time. The employee's full gross salary is reduced by the amount of federal and state income tax and OASDI or Medicare to establish the "EIDL reduced gross". The intent of the EIDL program is to maintain, as closely as possible, the disabled employee's monthly take home pay. The retirement contribution is computed and deducted based on the employee's full gross salary. The EIDL benefit is subject to miscellaneous payroll deductions. Additional withholding for taxes, deferred compensation/administrative charge, tax sheltered annuity or Flex-Elect will not be withheld from EIDL payments. EIDL payments will be reported in accordance with applicable tax law and Internal Revenue Service rules and regulations.
F. EIDL shall continue beyond the physician's statement that the employee's condition is "permanent and stationary" providing the employee has benefits remaining and the employee has initiated the disability retirement process.
G. If the EIDL benefits are to be terminated, the employee shall be notified by letter and be advised as to the status of health, retirement and miscellaneous deductions.
H. All checks issued pursuant to this section from the facility revolving fund shall have an explanation as to the monies received and pay periods covered.
I. A standard Supervisor's Report of Injury shall be submitted to the Health and Safety Officer within 24 hours after a job-related injury.
J. The employer will comply with the notice requirements specified in Labor Code Section 5401. All disputes relating to notice requirements under the Labor Code are not grievable or arbitrable.
K. Claims of EIDL benefits must be filed within one year from the date of the incident causing the injury.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Enhanced Industrial Disability Leave (EIDL. A. An employee working in the Department of Corrections or in the Department of the Youth Authority who loses the ability to work for more than twenty-two (22) 22 workdays 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 industrial disability leave benefits. Such injury must have been directly and specifically caused by an assault by an inmate, xxxx, or parolee.
B. An employee working in the Departments Department of Developmental Services, Department of Mental Health, or Department of Veterans Affairs or Department of Education who loses the ability to work for more than twenty- two (22) 22 workdays as the result of an injury incurred in the official performance of his/her duties may be eligible for a financial augmentation to the existing Industrial Disability Leave industrial disability leave benefits. Such injury must have been directly and specifically caused by an assault by a resident, patient, client, client or memberstudent.
C. The EIDL benefits will be equivalent to the injured employee’s '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 sectionSection, “"net salary” " is defined as the amount of salary received after Federal income tax, State income tax, tax and the employee’s 's retirement contribution have been deducted from the employee’s 's gross salary. The EIDL benefit will continue to be subject to miscellaneous payroll deductions.
X. 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-stress related disabilities, or physical disability having mental origin.
E. The final decision as to whether an employee is eligible for, or continues to be eligible for EIDL, EIDL shall rest with the department director or designee. The department Department may periodically review the employee’s 's condition by any means necessary to determine an employee's continued eligibility for EIDL.
F. Other existing rules regarding the administration of IDL will be followed in the administration of EIDL.
G. This section Section relating to EIDL will not be subject to the arbitration procedure of this Contract.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Enhanced Industrial Disability Leave (EIDL. A. An employee working in the Department of Corrections or in the Department of the Youth Authority who loses the ability to work for more than twenty-two (22) 22 workdays 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 industrial disability leave benefits. Such injury must have been directly and specifically caused by an assault by an inmate, xxxx, or parolee.
B. An employee working Unit 15 employees in the Departments of Developmental Services, Mental Health, Health or Veterans Veterans' Affairs or in the Special Schools in the Department of Education who loses lose the ability to work for more than twenty- two (22) 22 workdays as the result of an injury incurred in the official performance of his/her duties may be eligible for a financial augmentation to the existing Industrial Disability Leave industrial disability leave benefits. Such injury must have been directly and specifically caused by an assault by a resident, patient, student or client, or member.
C. The EIDL benefits will be equivalent to the injured employee’s '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 sectionSection, “"net salary” " is defined as the amount of salary received after Federal federal income tax, State income tax, tax and the employee’s 's retirement contribution have been deducted from the employee’s 's gross salary. The EIDL benefit will continue to be subject to miscellaneous payroll deductions.
X. 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.
E. The final decision as to whether an employee is eligible for, or continues to be eligible for EIDLfor, EIDL shall rest with the department director or designee. The department may periodically review the employee’s 's condition by any means necessary to determine an employee's continued eligibility for EIDL.
F. Other existing rules regarding the administration of IDL will be followed in the administration of EIDL.
G. This section Section relating to EIDL will not be subject to the arbitration procedure of this Contract.
H. In circumstances that deviate from paragraphs A, B, and D, the Director may consider and xxxxx XXXX on a case-by-case basis when he/she determines the injury was in fact job-related.
Appears in 2 contracts
Enhanced Industrial Disability Leave (EIDL. A. An employee working in the Department of Corrections or in the Department of the Youth Authority CDCR who loses the ability to work for more than twenty-two (22) workdays as the result of an injury incurred in the official performance of his/her duties may be eligible for a financial augmentation to the existing Industrial Disability Leave (IDL) benefits. Such injury must have been directly and specifically caused by an assault by an a patient/client or inmate, /xxxx, or parolee.
B. An employee working in the Departments of Developmental ServicesDDS, Mental HealthDMH, CDVA, or Veterans Affairs in the Special Schools in the CDE who loses the ability to work for more than twenty- twenty-two (22) workdays as the result of an injury incurred in the official performance of his/her duties may be eligible for a financial augmentation to the existing Industrial Disability Leave IDL benefits. Such injury must have been directly and specifically caused by an assault by a or in the restraining of an assaultive resident, patientpatient (individual), student, client, or member.
C. 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.
X. XXXX D. EIDL will apply only to serious physical injuries and any complications directly related medically and attributable to the assaultan injury as delineated in A and B above, 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.
E. 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 ’s continued eligibility for EIDL.
F. Other existing rules regarding the administration of IDL will be followed in the administration of EIDL.
G. This section relating to EIDL will not be subject to the arbitration procedure of this Contract.
H. In circumstances that deviate from paragraphs A, B, and D the Director may consider and grant EIDL on a case-by-case basis when he/she determines the injury was in fact job-related.
I. If a claim is denied by the department director, the Union may request a review by DPA.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Enhanced Industrial Disability Leave (EIDL. A. An employee working in the Department of Corrections or in the Department of the Youth Authority who loses the ability to work for more than twenty-two (22) workdays 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 industrial disability leave benefits. Such injury must have been directly and specifically caused by an assault by an inmate, xxxx, or parolee, under the authority of the Department of Corrections and Rehabilitation.
B. An employee working in the Departments of Developmental Services, Mental Health, or Veterans Affairs Unit 13 employees who loses lose the ability to work for more than twenty- twenty-two (22) workdays as the result of an injury incurred in the official performance of his/her their duties may be eligible for a financial augmentation to the existing Industrial Disability Leave industrial disability leave benefits. Such injury must have been directly and specifically caused by an assault by a resident, patient, or client, under the authority of the Department of Developmental Services, State Hospitals, or memberVeteran's Affairs.
C. The EIDL benefits will be equivalent to the injured employee’s '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, tax and the employee’s 's retirement contribution have has been deducted from the employee’s 's gross salary. The EIDL benefit will continue to be subject to miscellaneous payroll deductions.
X. 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 apply to either presumptive, stress-stress related disabilities, or to physical disability having a mental origin.
E. The final decision as to whether an employee is eligible for, or continues to be eligible for EIDLfor, EIDL shall rest with the department director or designee. The department may periodically review the employee’s 's condition by any means necessary to determine an employee's continued eligibility for EIDL.
F. Other existing rules regarding the administration of IDL will be followed in the administration of EIDL.
G. This section relating to EIDL will not be subject to the arbitration procedure of this ContractAgreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Enhanced Industrial Disability Leave (EIDL. A. An employee working in the Department of Corrections or in the Department of the Youth Authority Employees who loses lose the ability to work for more than twenty-two (22) workdays 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.
B. An employee working in the Departments of Developmental Services, Mental Health, or Veterans Affairs who loses the ability to work for more than twenty- two (22) workdays as the result of an injury incurred in the official performance of his/her their duties may be eligible for a financial augmentation to the existing Industrial Disability Leave benefitsBenefits. Such injury must have been directly and specifically caused by an assault by a residentor in the restraining of an assaultive patient/client/inmate, patient, client, or memberexcept that the Department Director may waive these preceding restrictions. An employee who is determined to be eligible for EIDL shall receive EIDL benefits from the first full day of absence.
C. B. The EIDL benefits benefit will be equivalent to the injured employee’s '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 initial absence as a result of such injury. For the purposes of this sectionSection, “"net salary” " is defined as the amount of salary received earned after deduction of Federal income tax, State income tax, and the employee’s 's retirement contribution have been deducted from the employee’s gross salaryand OASDI. The EIDL benefit will continue to be subject to miscellaneous payroll deductions.
X. XXXX will apply only to serious physical injuries and any complications directly related medically and attributable to the assault, or other injury as determined by the department director or designee. This benefit shall not be applied to either presumptivepresumptive illness, stress-related disabilities, or physical disability having mental originorigins.
E. D. 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 's condition by any means necessary to determine an employee's continued eligibility for EIDL.
F. Other existing rules regarding the administration of IDL will be followed in the administration of EIDL.
G. E. This section Section relating to EIDL will is grievable only through the second step of the grievance procedure as the final step of appeal and is not be subject to the arbitration procedure of this ContractAgreement. 38 BU 16 01-03
F. EIDL eligibility and benefits may not exceed 52 weeks (365 calendar days) within two years of the first day of lost time. The employee's full gross salary is reduced by the amount of federal and state income tax and OASDI or Medicare to establish the "EIDL reduced gross". The intent of the EIDL program is to maintain, as closely as possible, the disabled employee's monthly take home pay. The retirement contribution is computed and deducted based on the employee's full gross salary. The EIDL benefit is subject to miscellaneous payroll deductions. Additional withholding for taxes, deferred compensation/administrative charge, tax sheltered annuity or Flex-Elect will not be withheld from EIDL payments. EIDL payments are not reported as taxable wages or other compensation on the Form W-2.
X. XXXX shall continue beyond the physician's statement that the employee's condition is "permanent and stationary" providing the employee has benefits remaining and at least one of the following conditions exists:
1. The employee is declared a "qualified injured worker" and is eligible for and agrees to participate in vocational rehabilitation.
2. The employee has initiated the disability retirement process.
H. If the EIDL benefits are to be terminated, the employee shall be notified by letter and be advised as to the status of health, retirement and miscellaneous deductions.
I. All checks issued pursuant to this section from the facility revolving fund shall have an explanation as to the monies received and pay periods covered.
J. A standard Supervisor's Report of Injury shall be submitted to the Health and Safety Officer within 24 hours after a job-related injury. Within five (5) working days after such notice of injury, the Health and Safety Officer shall provide the injured employee with written information concerning the rights, benefits and obligations under the worker's compensation law.
K. Within five (5) days after denial of EIDL, the Health and Safety Officer shall provide the injured employee written notice of the reason for denial.
L. Claims of EIDL benefits must be filed within one year from the date of the incident causing the injury.
Appears in 1 contract
Samples: Union Contract
Enhanced Industrial Disability Leave (EIDL. A. An employee working in the Department of Corrections or in the Department of the Youth Authority Employees who loses lose the ability to work for more than twenty-two (22) workdays 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.
B. An employee working in the Departments of Developmental Services, Mental Health, or Veterans Affairs who loses the ability to work for more than twenty- two (22) workdays as the result of an injury incurred in the official performance of his/her their duties may be eligible for a financial augmentation to the existing Industrial Disability Leave benefitsBenefits. Such injury must have been directly and specifically caused by an assault by a residentor in the restraining of an assaultive patient/client/inmate, patient, client, or memberexcept that the Department Director may waive these preceding restrictions. An employee who is determined to be eligible for EIDL shall receive EIDL benefits from the first full day of absence.
C. B. The EIDL benefits benefit will be equivalent to the injured employee’s '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 initial absence as a result of such injury. For the purposes of this sectionSection, “"net salary” " is defined as the amount of salary received earned after deduction of Federal income tax, State income tax, and the employee’s 's retirement contribution have been deducted from the employee’s gross salaryand OASDI. The EIDL benefit will continue to be subject to miscellaneous payroll deductions.
X. XXXX C. EIDL will apply only to serious physical injuries and any complications directly related medically and attributable to the assault, or other injury as determined by the department director or designee. This benefit shall not be applied to either presumptivepresumptive illness, stress-related disabilities, or physical disability having mental originorigins.
E. D. 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 's condition by any means necessary to determine an employee's continued eligibility for EIDL.
F. Other existing rules regarding the administration of IDL will be followed in the administration of EIDL.
G. E. This section Section relating to EIDL will is grievable only through the second step of the grievance procedure as the final step of appeal and is not be subject to the arbitration procedure of this ContractAgreement. 38 BU 16 01-03
F. EIDL eligibility and benefits may not exceed 52 weeks (365 calendar days) within two years of the first day of lost time. The employee's full gross salary is reduced by the amount of federal and state income tax and OASDI or Medicare to establish the "EIDL reduced gross". The intent of the EIDL program is to maintain, as closely as possible, the disabled employee's monthly take home pay. The retirement contribution is computed and deducted based on the employee's full gross salary. The EIDL benefit is subject to miscellaneous payroll deductions. Additional withholding for taxes, deferred compensation/administrative charge, tax sheltered annuity or Flex-Elect will not be withheld from EIDL payments. EIDL payments are not reported as taxable wages or other compensation on the Form W-2.
G. EIDL shall continue beyond the physician's statement that the employee's condition is "permanent and stationary" providing the employee has benefits remaining and at least one of the following conditions exists:
1. The employee is declared a "qualified injured worker" and is eligible for and agrees to participate in vocational rehabilitation.
2. The employee has initiated the disability retirement process.
H. If the EIDL benefits are to be terminated, the employee shall be notified by letter and be advised as to the status of health, retirement and miscellaneous deductions.
I. All checks issued pursuant to this section from the facility revolving fund shall have an explanation as to the monies received and pay periods covered.
J. A standard Supervisor's Report of Injury shall be submitted to the Health and Safety Officer within 24 hours after a job-related injury. Within five (5) working days after such notice of injury, the Health and Safety Officer shall provide the injured employee with written information concerning the rights, benefits and obligations under the worker's compensation law.
K. Within five (5) days after denial of EIDL, the Health and Safety Officer shall provide the injured employee written notice of the reason for denial.
L. Claims of EIDL benefits must be filed within one year from the date of the incident causing the injury.
Appears in 1 contract
Samples: Labor Contract
Enhanced Industrial Disability Leave (EIDL. A. An employee working in the Department of Corrections or in the Department of the Youth Authority Employees who loses lose the ability to work for more than twenty-two (22) workdays 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.
B. An employee working in the Departments of Developmental Services, Mental Health, or Veterans Affairs who loses the ability to work for more than twenty- two (22) workdays as the result of an injury incurred in the official performance of his/her their duties may be eligible for a financial augmentation to the existing Industrial Disability Leave benefitsBenefits. Such injury must have been directly and specifically caused by an assault by a residentor in the restraining of an assaultive patient/client/inmate, patient, client, or memberexcept that the Department Director may waive these preceding restrictions. An employee who is determined to be eligible for EIDL shall receive EIDL benefits from the first full day of absence.
C. B. The EIDL benefits benefit will be equivalent to the injured employee’s '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 initial absence as a result of such injury. For the purposes of this sectionSection, “"net salary” " is defined as the amount of salary received earned after deduction of Federal income tax, State income tax, and the employee’s 's retirement contribution have been deducted from the employee’s gross salaryand OASDI. The EIDL benefit will continue to be subject to miscellaneous payroll deductions.
X. XXXX C. EIDL will apply only to serious physical injuries and any complications directly related medically and attributable to the assault, or other injury as determined by the department director or designee. This benefit shall not be applied to either presumptivepresumptive illness, stress-related disabilities, or physical disability having mental originorigins.
E. D. 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 's condition by any means necessary to determine an employee's continued eligibility for EIDL.
F. Other existing rules regarding the administration of IDL will be followed in the administration of EIDL.
G. E. This section Section relating to EIDL will is grievable only through the second step of the grievance procedure as the final step of appeal and is not be subject to the arbitration procedure of this ContractAgreement.
F. EIDL eligibility and benefits may not exceed 52 weeks (365 calendar days) within two years of the first day of lost time. The employee's full gross salary is reduced by the amount of federal and state income tax and OASDI or Medicare to establish the "EIDL reduced gross". The intent of the EIDL program is to maintain, as closely as possible, the disabled employee's monthly take home pay. The retirement contribution is computed and deducted based on the employee's full gross salary. The EIDL benefit is subject to miscellaneous payroll deductions. Additional withholding for taxes, deferred compensation/administrative charge, tax sheltered annuity or Flex-Elect will not be withheld from EIDL payments. EIDL payments are not reported as taxable wages or other compensation on the Form W-2.
G. EIDL shall continue beyond the physician's statement that the employee's condition is "permanent and stationary" providing the employee has benefits remaining and at least one of the following conditions exists:
1. The employee is declared a "qualified injured worker" and is eligible for and agrees to participate in vocational rehabilitation.
2. The employee has initiated the disability retirement process.
H. If the EIDL benefits are to be terminated, the employee shall be notified by letter and be advised as to the status of health, retirement and miscellaneous deductions.
I. All checks issued pursuant to this section from the facility revolving fund shall have an explanation as to the monies received and pay periods covered.
J. A standard Supervisor's Report of Injury shall be submitted to the Health and Safety Officer within 24 hours after a job-related injury. Within five (5) working days after such notice of injury, the Health and Safety Officer shall provide the injured employee with written information concerning the rights, benefits and obligations under the worker's compensation law.
K. Within five (5) days after denial of EIDL, the Health and Safety Officer shall provide the injured employee written notice of the reason for denial.
L. Claims of EIDL benefits must be filed within one year from the date of the incident causing the injury.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Enhanced Industrial Disability Leave (EIDL. A. An employee working in the Department of Corrections or in the Department of the Youth Authority who loses the ability to work for more than twenty-two (22) workdays 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 industrial disability leave benefits. Such injury must have been directly and specifically caused by an assault by an inmate, xxxx, or parolee, under the authority of the Department of Corrections and Rehabilitation.
B. An employee working in the Departments of Developmental Services, Mental Health, or Veterans Affairs Unit 13 employees who loses lose the ability to work for more than twenty- twenty-two (22) workdays as the result of an injury incurred in the official performance of his/her their duties may be eligible for a financial augmentation to the existing Industrial Disability Leave industrial disability leave benefits. Such injury must have been directly and specifically caused by an assault by a resident, patient, or client, under the authority of the Department of Developmental Services, Mental Health, or memberVeteran's Affairs.
C. The EIDL benefits will be equivalent to the injured employee’s '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, tax and the employee’s 's retirement contribution have has been deducted from the employee’s 's gross salary. The EIDL benefit will continue to be subject to miscellaneous payroll deductions.
X. XXXX D. 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 apply to either presumptive, stress-stress related disabilities, or to physical disability having a mental origin.
E. The final decision as to whether an employee is eligible for, or continues to be eligible for EIDLfor, EIDL shall rest with the department director or designee. The department may periodically review the employee’s 's condition by any means necessary to determine an employee's continued eligibility for EIDL.
F. Other existing rules regarding the administration of IDL will be followed in the administration of EIDL.
G. This section relating to EIDL will not be subject to the arbitration procedure of this ContractAgreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Enhanced Industrial Disability Leave (EIDL. A. An employee working in the Department of Corrections or in the Department of the Youth Authority and Rehabilitation who loses the ability to work for more than twenty-two (22) workdays 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 industrial disability leave benefits. Such injury must have been directly and specifically caused by an assault by an inmate, xxxx, xxxx or parolee.
B. An employee working in the Departments Department of Developmental Services, Mental Health, Services or Veterans Affairs in the Department of State Hospitals who loses the ability to work for more than twenty- two (22) workdays as the result of an injury incurred in the official performance of his/her duties duties, may be eligible for a financial augmentation to the existing Industrial Disability Leave industrial disability leave benefits. Such injury must have been directly and specifically caused by an assault by a resident, patient, patient or client, or member.
C. The EIDL benefits will be equivalent to the injured employee’s net take home salary on the date of the 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 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.
X. XXXX D. 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 The benefits shall not be applied to either presumptivepresumptive injuries and illnesses, stress-related disabilities, or physical disability disabilities having mental origin.
E. The final decision as to whether an employee is eligible for, or continues to be eligible for EIDL, 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 ’s continued eligibility for EIDL.
F. Other existing rules regarding the administration of IDL will be followed in the administration of EIDL.
G. This section Section relating to EIDL will not be subject to the arbitration procedure of this ContractMOU.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Enhanced Industrial Disability Leave (EIDL. A. An employee working in the Department of Corrections or in the Department of the Youth Authority CDCR who loses the ability to work for more than twenty-two (22) workdays 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 (IDL) benefits. Such injury must have been directly and specifically caused by an assault by a patient/client or an inmate, /xxxx, or parolee.
B. An employee working in the Departments of Developmental ServicesDDS, Mental HealthDMH, or Veterans Affairs CDVAirs, or in the Special Schools in the CDE who loses the ability to work for more than twenty- twenty-two (22) workdays as the result of an injury incurred in the official performance of his/her duties may be eligible for a financial augmentation to the existing Industrial Disability Leave IDL benefits. Such injury must have been directly and specifically caused by an assault by a or in the restraining of an assaultive resident, patientpatient (individual), student, client, or member.
C. 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.
X. XXXX D. EIDL will apply only to serious physical injuries and any complications directly related medically and attributable to the assaultan injury as delineated in A and B above, 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.
E. 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.
F. Other existing rules regarding the administration of IDL will be followed in the administration of EIDL.
G. This section relating to EIDL will not be subject to the arbitration procedure of this Contract.
H. In circumstances that deviate from paragraphs A, B, and D the Director may consider and grant EIDL on a case-by-case basis when he/she determines the injury was in fact job-related.
I. If a claim is denied by the department director, the Union may request a review by DPA.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Enhanced Industrial Disability Leave (EIDL. A. An employee working in the Department of Corrections or in the Department of the Youth Authority who loses the ability to work for more than twenty-two (22) workdays 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.
B. An employee working in the Departments of Developmental Services, Mental Health, or Veterans Affairs who loses the ability to work for more than twenty- two (22) workdays as the result of an injury incurred in the official performance of his/her duties may be eligible for a financial augmentation to the existing Industrial Disability Leave benefits. Such injury must have been directly and specifically caused by an assault by a residentor in the restraining of an assaultive patient/client or inmate/xxxx, patient, client, or member.
C. The except that the Department Director may waive these preceding restrictions. An employee who is determined to be eligible for EIDL shall receive 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 deductionsfirst full day of absence.
X. XXXX will apply only to serious physical injuries and any complications directly related medically and attributable to the assault, or other injury as determined by the department director or designee. This The benefit shall not be applied to either presumptivepresumptive illnesses, stress-related disabilities, disabilities or physical disability disabilities having mental originorigins.
E. C. The final decision as to whether an employee is eligible for, or continues to be eligible for EIDLfor, EIDL shall rest with the department director or designee. The department may periodically review the employee’s 's condition by any means necessary to determine an employee's continued eligibility for EIDL.
F. Other existing rules regarding the administration of IDL will be followed in the administration of EIDL.
G. D. This section Section relating to EIDL will is grievable only through the third step of the grievance procedure as the final step of appeal and is not be subject to the arbitration procedure of this ContractAgreement.
E. EIDL eligibility and benefits may not exceed 52 weeks (365 calendar days) within two years of the first day of lost time. The employee's full gross salary is reduced by the amount of federal and state income tax and OASDI or Medicare to establish the "EIDL reduced gross." The intent of the EIDL program is to maintain, as closely as possible, the disabled employee's monthly take-home pay. The retirement contribution is computed and deducted based on the employee's full gross salary. The EIDL benefit is subject to miscellaneous payroll deductions. Additional withholding for taxes, deferred compensation/administrative charge, tax sheltered annuity or Flex-Elect will not be withheld from EIDL payments. EIDL payments will be reported in accordance with applicable tax law and Internal Revenue Service rules and regulations.
X. XXXX shall continue beyond the physician's statement that the employee's condition is "permanent and stationary" providing the employee has initiated the disability retirement process.
G. If the EIDL benefits are to be terminated, the employee shall be notified by letter and be advised as to the status of his/her health, retirement and miscellaneous deductions.
H. All checks issued pursuant to this Section from the facility revolving fund shall have an explanation as to the monies received and pay periods covered.
I. A standard Supervisor's Report of Injury shall be submitted to the Health and Safety Officer within 24 hours after a job-related injury.
J. The employer will comply with the notice requirements specified in the Labor Code. All disputes relating to notice requirements under the Labor Code are not grievable or arbitrable.
K. Within five (5) days after denial of IDL or EIDL, the Health and Safety Officer shall provide the injured employee written notice of the reason for denial.
L. Claims for EIDL benefits must be filed within one year from the date of the incident causing the injury.
M. The State shall make reasonable effort to assign employees returning from enhanced industrial disability leave to the shift and days off they had prior to going on enhanced industrial disability leave. If the employee held a post and bid position, refer to Article 9.
N. The State and the Union agree to conduct a joint study regarding those employees who were denied EIDL and those qualified for IDL as a result of indirect physical contact with an assaultive or resistive inmate/xxxx, client, or patient within the term of this agreement. The study will review those employees approved and denied for EIDL and the difference in outcome based upon the differing qualifiers for EIDL. The departments will meet quarterly with local Union representatives and report the findings to CalHR and CAPT Headquarters on a semi-annual basis.
Appears in 1 contract
Samples: Bargaining Agreement
Enhanced Industrial Disability Leave (EIDL. A. An employee working in the Department of Corrections or in the Department of the Youth Authority who loses the ability to work for more than twenty-two (22) workdays 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.
B. An employee working in the Departments of Developmental Services, Mental Health, or Veterans Affairs who loses the ability to work for more than twenty- two (22) workdays as the result of an injury incurred in the official performance of his/her duties may be eligible for a financial augmentation to the existing Industrial Disability Leave benefits. Such injury must have been directly and specifically caused by an assault by a resident, patient, client, or member.
C. 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.
X. XXXX D. 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-stress- related disabilities, or physical disability having mental origin.
E. 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.
F. Other existing rules regarding the administration of IDL will be followed in the administration of EIDL.
G. This section relating to EIDL will not be subject to the arbitration procedure of this Contract.
Appears in 1 contract
Samples: Labor Contract
Enhanced Industrial Disability Leave (EIDL. A. An employee working in the Department of Corrections or in the Department of the Youth Authority CDCR who loses the ability to work for more than twenty-two (22) workdays 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 (IDL) benefits. Such injury must have been directly and specifically caused by an assault by an a patient/client or inmate, /xxxx, or parolee.
B. An employee working in the Departments of Developmental ServicesDDS, Mental HealthDMH, CDVA, or Veterans Affairs in the Special Schools in the DOE who loses the ability to work for more than twenty- twenty-two (22) workdays as the result of an injury incurred in the official performance of his/her duties may be eligible for a financial augmentation to the existing Industrial Disability Leave IDL benefits. Such injury must have been directly and specifically caused by an assault by a or in the restraining of an assaultive resident, patientpatient (individual), student, client, or member.
C. 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.
X. XXXX D. EIDL will apply only to serious physical injuries and any complications directly related medically and attributable to the assaultan injury as delineated in A and B above, 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.
E. 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.
F. Other existing rules regarding the administration of IDL will be followed in the administration of EIDL.
G. This section relating to EIDL will not be subject to the arbitration procedure of this Contract.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Enhanced Industrial Disability Leave (EIDL. A. An employee working in the Department of Corrections or in the Department of the Youth Authority CDCR who loses the ability to work for more than twenty-two (22) workdays 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 (IDL) benefits. Such injury must have been directly and specifically caused by an assault by an a patient/client or inmate, /xxxx, or parolee.
B. An employee working in the Departments of Developmental ServicesDDS, Mental HealthDMH, CDVA, or Veterans Affairs in the Special Schools in the DOE who loses the ability to work for more than twenty- twenty-two (22) workdays as the result of an injury incurred in the official performance of his/her duties may be eligible for a financial augmentation to the existing Industrial Disability Leave IDL benefits. Such injury must have been directly and specifically caused by an assault by a or in the restraining of an assaultive resident, patientpatient (individual), student, client, or member.
C. 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.
X. XXXX D. EIDL will apply only to serious physical injuries and any complications directly related medically and attributable to the assaultan injury as delineated in A and B above, 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.
E. 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.
F. Other existing rules regarding the administration of IDL will be followed in the administration of EIDL.
G. This section relating to EIDL will not be subject to the arbitration procedure of this Contract.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Enhanced Industrial Disability Leave (EIDL. A. An employee working in the Department of Corrections or in the Department of the Youth Authority CDCR who loses the ability to work for more than twenty-two (22) workdays 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 (IDL) benefits. Such injury must have been directly and specifically caused by an assault by an a patient/client or inmate, /xxxx, or parolee.
B. An employee working in the Departments of Developmental ServicesDDS, Mental HealthDSH, CDVA, or Veterans Affairs in the Special Schools in the CDE who loses the ability to work for more than twenty- twenty-two (22) workdays as the result of an injury incurred in the official performance of his/her duties may be eligible for a financial augmentation to the existing Industrial Disability Leave IDL benefits. Such injury must have been directly and specifically caused by an assault by a or in the restraining of an assaultive resident, patient, (individual), student, client, or member.
C. 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.
X. XXXX will apply only to serious physical injuries and any complications directly related medically and attributable to the assaultan injury as delineated in A and B above, 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.
E. 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 ’s continued eligibility for EIDL.
F. Other existing rules regarding the administration of IDL will be followed in the administration of EIDL.
G. This section relating to EIDL will not be subject to the arbitration procedure of this Contract.
X. In circumstances that deviate from paragraphs A, B, and D the Director may consider and xxxxx XXXX on a case-by-case basis when he/she determines the injury was in fact job-related.
I. If a claim is denied by the department director, the Union may request a review by XxxXX.
J. Within thirty (30) days of the ratification of this agreement, the parties will meet to discuss whether Bargaining Unit 3 employees working for the Department of Rehabilitation meet the criteria to be eligible for EIDL.
Appears in 1 contract
Samples: Master Agreement
Enhanced Industrial Disability Leave (EIDL. A. An employee working in the California Department of Corrections or in the Department of the Youth Authority and Rehabilitation who loses the ability to work for more than twenty-two (22) workdays 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 a patient/client or inmate, /xxxx, or parolee.
B. An employee working in the Departments of Developmental Services, Mental Health, or Veterans Affairs Affairs, or in the Special Schools in the Department of Education who loses the ability to work for more than twenty- twenty-two (22) workdays as the result of an injury incurred in the official performance of his/her duties may be eligible for a financial augmentation to the existing Industrial Disability Leave benefits. Such injury must have been directly and specifically caused by an assault by a or in the restraining of an assaultive resident, patient, (individual), student, client, or member.
C. The EIDL benefits will be equivalent to the injured employee’s 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 employee‟s retirement contribution have been deducted from the employee’s employee‟s gross salary. The EIDL benefit will continue to be subject to miscellaneous payroll deductions.
X. XXXX D. EIDL will apply only to serious physical injuries and any complications directly related medically and attributable to the assaultan injury as delineated in A and B above, 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.
E. 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 employee‟s condition by any means necessary to determine an employee's continued eligibility for EIDL.
F. Other existing rules regarding the administration of IDL will be followed in the administration of EIDL.
G. This section relating to EIDL will not be subject to the arbitration procedure of this Contract.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Enhanced Industrial Disability Leave (EIDL. A. An employee working in the Department of Corrections or in the Department of the Youth Authority CDCR who loses the ability to work for more than twenty-two (22) workdays 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 (IDL) benefits. Such injury must have been directly and specifically caused by an assault by an a patient/client or inmate, /xxxx, or parolee.
B. An employee working in the Departments of Developmental ServicesDDS, Mental HealthDSH, CDVA, or Veterans Affairs in the Special Schools in the CDE who loses the ability to work for more than twenty- twenty-two (22) workdays as the result of an injury incurred in the official performance of his/her duties may be eligible for a financial augmentation to the existing Industrial Disability Leave IDL benefits. Such injury must have been directly and specifically caused by an assault by a or in the restraining of an assaultive resident, patient, (individual), student, client, or member.
C. 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.
X. XXXX D. EIDL will apply only to serious physical injuries and any complications directly related medically and attributable to the assaultan injury as delineated in A and B above, 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.
E. 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 ’s continued eligibility for EIDL.
F. Other existing rules regarding the administration of IDL will be followed in the administration of EIDL.
. G. This section relating to EIDL will not be subject to the arbitration procedure of this Contract.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Enhanced Industrial Disability Leave (EIDL. A. An employee working in the Department of Corrections or in the Department of the Youth Authority Employees who loses lose the ability to work for more than twenty-two (22) workdays 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.
B. An employee working in the Departments of Developmental Services, Mental Health, or Veterans Affairs who loses the ability to work for more than twenty- two (22) workdays as the result of an injury incurred in the official performance of his/her their duties may be eligible for a financial augmentation to the existing Industrial Disability Leave benefitsBenefits. Such injury must have been directly and specifically caused by an assault by a residentor in the restraining of an assaultive patient/client/inmate, patient, client, or memberexcept that the Department Director may waive these preceding restrictions. An employee who is determined to be eligible for EIDL shall receive EIDL benefits from the first full day of absence.
C. B. The EIDL benefits benefit will be equivalent to the injured employee’s '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 initial absence as a result of such injury. For the purposes of this sectionSection, “"net salary” " is defined as the amount of salary received earned after deduction of Federal income tax, State income tax, and the employee’s 's retirement contribution have been deducted from the employee’s gross salaryand OASDI. The EIDL benefit will continue to be subject to miscellaneous payroll deductions.
X. XXXX will apply only to serious physical injuries and any complications directly related medically and attributable to the assault, or other injury as determined by the department director or designee. This benefit shall not be applied to either presumptivepresumptive illness, stress-related disabilities, or physical disability having mental originorigins.
E. D. 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 's condition by any means necessary to determine an employee's continued eligibility for EIDL.
F. Other existing rules regarding the administration of IDL will be followed in the administration of EIDL.
G. E. This section Section relating to EIDL will is grievable only through the second step of the grievance procedure as the final step of appeal and is not be subject to the arbitration procedure of this ContractAgreement. 38 BU 16 01-03
X. XXXX eligibility and benefits may not exceed 52 weeks (365 calendar days) within two years of the first day of lost time. The employee's full gross salary is reduced by the amount of federal and state income tax and OASDI or Medicare to establish the "EIDL reduced gross". The intent of the EIDL program is to maintain, as closely as possible, the disabled employee's monthly take home pay. The retirement contribution is computed and deducted based on the employee's full gross salary. The EIDL benefit is subject to miscellaneous payroll deductions. Additional withholding for taxes, deferred compensation/administrative charge, tax sheltered annuity or Flex-Elect will not be withheld from EIDL payments. EIDL payments are not reported as taxable wages or other compensation on the Form W-2.
X. XXXX shall continue beyond the physician's statement that the employee's condition is "permanent and stationary" providing the employee has benefits remaining and at least one of the following conditions exists:
1. The employee is declared a "qualified injured worker" and is eligible for and agrees to participate in vocational rehabilitation.
2. The employee has initiated the disability retirement process.
H. If the EIDL benefits are to be terminated, the employee shall be notified by letter and be advised as to the status of health, retirement and miscellaneous deductions.
I. All checks issued pursuant to this section from the facility revolving fund shall have an explanation as to the monies received and pay periods covered.
J. A standard Supervisor's Report of Injury shall be submitted to the Health and Safety Officer within 24 hours after a job-related injury. Within five (5) working days after such notice of injury, the Health and Safety Officer shall provide the injured employee with written information concerning the rights, benefits and obligations under the worker's compensation law.
K. Within five (5) days after denial of EIDL, the Health and Safety Officer shall provide the injured employee written notice of the reason for denial.
L. Claims of EIDL benefits must be filed within one year from the date of the incident causing the injury.
Appears in 1 contract
Samples: Union Contract
Enhanced Industrial Disability Leave (EIDL. A. An employee working in the Department of Corrections or in the Department of the Youth Authority and Rehabilitation who loses the ability to work for more than twenty-two (22) workdays 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, a patient/client inmate/ xxxx, or parolee.
B. An employee working in the Departments of Developmental Services, Mental Health, or Veterans Affairs Affairs, or in the Special Schools in the Department of Education who loses the ability to work for more than twenty- twenty-two (22) workdays as the result of an injury incurred in the official performance of his/her duties may be eligible for a financial augmentation to the existing Industrial Disability Leave benefits. Such injury must have been directly and specifically caused by an assault by a or in the restraining of an assaultive resident, patient, (individual) student, client, or member.
C. 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.
X. XXXX D. EIDL will apply only to serious physical injuries and any complications directly related medically and attributable to the assaultan injury as delineated in and A and B above, 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.
E. 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.
F. Other existing rules regarding the administration of IDL will be followed in the administration of EIDL.
G. This section relating to EIDL will not be subject to the arbitration procedure of this Contract.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Enhanced Industrial Disability Leave (EIDL. A. An employee working in the Department of Corrections or in the Department of the Youth Authority who loses the ability to work for more than twenty-two (22) workdays 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.
B. An employee working in the Departments of Developmental Services, Mental Health, or Veterans Affairs who loses the ability to work for more than twenty- two (22) workdays as the result of an injury incurred in the official performance of his/her duties may be eligible for a financial augmentation to the existing Industrial Disability Leave benefits. Such injury must have been directly and specifically caused by an assault by a resident, patient, client, or member.
C. 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.
X. XXXX D. 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.
E. 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.
F. Other existing rules regarding the administration of IDL will be followed in the administration of EIDL.
G. This section relating to EIDL will not be subject to the arbitration procedure of this Contract.
Appears in 1 contract
Samples: Labor Contract
Enhanced Industrial Disability Leave (EIDL. A. An employee working in the Department of Corrections or in the Department of the Youth Authority Employees who loses lose the ability to work for more than twenty-two (22) workdays 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.
B. An employee working in the Departments of Developmental Services, Mental Health, or Veterans Affairs who loses the ability to work for more than twenty- two (22) workdays as the result of an injury incurred in the official performance of his/her their duties may be eligible for a financial augmentation to the existing Industrial Disability Leave benefitsBenefits. Such injury must have been directly and specifically caused by an assault by a residentor in the restraining of an assaultive patient/client/inmate, patient, client, or memberexcept that the Department Director may waive these preceding restrictions. An employee who is determined to be eligible for EIDL shall receive EIDL benefits from the first full day of absence.
C. The B. 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.
X. XXXX will apply only to serious physical injuries and any complications directly related medically and attributable to the assault, or other injury as determined by the department director or designee. This benefit shall not be applied to either presumptivepresumptive illness, stress-related disabilities, or physical disability disabilities having mental originorigins.
E. C. 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 's condition by any means necessary to determine an employee's continued eligibility for EIDL.
F. Other existing rules regarding the administration of IDL will be followed in the administration of EIDL.
G. D. This section Section relating to EIDL will is grievable only through the second step of the grievance procedure as the final step of appeal and is not be subject to the arbitration procedure of this ContractAgreement.
E. EIDL eligibility and benefits may not exceed 52 weeks (365 calendar days) within two years of the first day of lost time. The employee's full gross salary is reduced by the amount of federal and state income tax and OASDI or Medicare to establish the "EIDL reduced gross". The intent of the EIDL program is to maintain, as closely as possible, the disabled employee's monthly take home pay. The retirement contribution is computed and deducted based on the employee's full gross salary. The EIDL benefit is subject to miscellaneous payroll deductions. Additional withholding for taxes, deferred compensation/administrative charge, tax sheltered annuity or Flex-Elect will not be withheld from EIDL payments. EIDL payments will be reported in accordance with applicable tax law and Internal Revenue Service rules and regulations.
F. EIDL shall continue beyond the physician's statement that the employee's condition is "permanent and stationary" providing the employee has benefits remaining and the employee has initiated the disability retirement process.
G. If the EIDL benefits are to be terminated, the employee shall be notified by letter and be advised as to the status of health, retirement and miscellaneous deductions.
H. All checks issued pursuant to this section from the facility revolving fund shall have an explanation as to the monies received and pay periods covered.
I. A standard Supervisor's Report of Injury shall be submitted to the Health and Safety Officer within 24 hours after a job-related injury.
J. The employer will comply with the notice requirements specified in Labor Code Section 5401. All disputes relating to notice requirements under the Labor Code are not grievable or arbitrable.
K. Claims of EIDL benefits must be filed within one year from the date of the incident causing the injury.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Enhanced Industrial Disability Leave (EIDL. A. An employee working in the Department of Corrections or in the Department of the Youth Authority who loses the ability to work for more than twenty-two (22) 22 workdays 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 industrial disability leave benefits. Such injury must have been directly and specifically caused by an assault by an inmate, xxxx, or parolee.
B. An employee working Unit 15 employees in the Departments of Developmental Services, Mental Health, Health or Veterans Veterans' Affairs or in the Special Schools in the Department of Education who loses lose the ability to work for more than twenty- two (22) 22 workdays as the result of an injury incurred in the official performance of his/her duties may be eligible for a financial augmentation to the existing Industrial Disability Leave industrial disability leave benefits. Such injury must have been directly and specifically caused by an assault by a resident, patient, student or client, or member.
C. The EIDL benefits will be equivalent to the injured employee’s '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 sectionSection, “"net salary” " is defined as the amount of salary received after Federal federal income tax, State income tax, tax and the employee’s 's retirement contribution have been deducted from the employee’s 's gross salary. The EIDL benefit will continue to be subject to miscellaneous payroll deductions.
X. 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.
E. The final decision as to whether an employee is eligible for, or continues to be eligible for EIDLfor, EIDL shall rest with the department director or designee. The department may periodically review the employee’s 's condition by any means necessary to determine an employee's continued eligibility for EIDL.
F. Other existing rules regarding the administration of IDL will be followed in the administration of EIDL.
G. This section Section relating to EIDL will not be subject to the arbitration procedure of this Contract.
X. In circumstances that deviate from paragraphs A, B, and D, the Director may consider and xxxxx XXXX on a case-by-case basis when he/she determines the injury was in fact job-related.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Enhanced Industrial Disability Leave (EIDL. A. An employee working in the Department of Corrections or in the Department of the Youth Authority and Rehabilitation who loses the ability to work for more than twenty-two (22) workdays 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 industrial disability leave benefits. Such injury must have been directly and specifically caused by an assault by an inmate, xxxx, xxxx or parolee.
B. An employee working in the Departments Department of Developmental Services, Services or in the Department of Mental Health, or Veterans Affairs Health who loses the ability to work for more than twenty- twenty-two (22) workdays as the result of an injury incurred in the official performance of his/her duties duties, may be eligible for a financial augmentation to the existing Industrial Disability Leave industrial disability leave benefits. Such injury must have been directly and specifically caused by an assault by a resident, patient, patient or client, or member.
C. The EIDL benefits will be equivalent to the injured employee’s net take home salary on the date of the 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 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.
X. 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 The benefits shall not be applied to either presumptivepresumptive injuries and illnesses, stress-related disabilities, or physical disability disabilities having mental origin.
E. The final decision as to whether an employee is eligible for, or continues to be eligible for EIDL, 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 ’s continued eligibility for EIDL.
F. Other existing rules regarding the administration of IDL will be followed in the administration of EIDL.
G. This section Section relating to EIDL will not be subject to the arbitration procedure of this ContractMOU.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Enhanced Industrial Disability Leave (EIDL. A. An employee working in the Department of Corrections or in the Department of the Youth Authority who loses the ability to work for more than twenty-two (22) 22 workdays 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 industrial disability leave benefits. Such injury must have been directly and specifically caused by an assault by an inmate, xxxx, or parolee.
B. An employee working in the Departments Department of Developmental Services, Department of Mental Health, or Department of Veterans Affairs or Department of Education who loses the ability to work for more than twenty- two (22) 22 workdays as the result of an injury incurred in the official performance of his/her duties may be eligible for a financial augmentation to the existing Industrial Disability Leave industrial disability leave benefits. Such injury must have been directly and specifically caused by an assault by a resident, patient, client, client or memberstudent.
C. The EIDL benefits will be equivalent to the injured employee’s '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 sectionSection, “"net salary” " is defined as the amount of salary received after Federal income tax, State income tax, tax and the employee’s 's retirement contribution have been deducted from the employee’s 's gross salary. The EIDL benefit will continue to be subject to miscellaneous payroll deductions.
X. XXXX D. 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-stress related disabilities, or physical disability having mental origin.
E. The final decision as to whether an employee is eligible for, or continues to be eligible for EIDL, EIDL shall rest with the department director or designee. The department Department may periodically review the employee’s 's condition by any means necessary to determine an employee's continued eligibility for EIDL.
F. Other existing rules regarding the administration of IDL will be followed in the administration of EIDL.
G. This section Section relating to EIDL will not be subject to the arbitration procedure of this Contract.
Appears in 1 contract
Samples: Labor Contract
Enhanced Industrial Disability Leave (EIDL. A. An employee working in the Department of Corrections or in the Department of the Youth Authority who loses the ability to work for more than twenty-two (22) workdays 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.
B. An employee working in the Departments of Developmental Services, Mental Health, or Veterans Affairs who loses the ability to work for more than twenty- two (22) workdays as the result of an injury incurred in the official performance of his/her duties may be eligible for a financial augmentation to the existing Industrial Disability Leave benefits. Such injury must have been directly and specifically caused by an assault by a residentor in the restraining of an assaultive patient/client or inmate/xxxx, patient, client, or memberexcept that the Department Director may waive these preceding restrictions. An employee who is determined to be eligible for EIDL shall receive EIDL benefits from the first full day of absence.
C. The B. 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.
X. XXXX will apply only to serious physical injuries and any complications directly related medically and attributable to the assault, or other injury as determined by the department director or designee. This The benefit shall not be applied to either presumptivepresumptive illnesses, stress-related disabilities, disabilities or physical disability disabilities having mental originorigins.
E. C. The final decision as to whether an employee is eligible for, or continues to be eligible for EIDLfor, EIDL shall rest with the department director or designee. The department may periodically review the employee’s 's condition by any means necessary to determine an employee's continued eligibility for EIDL.
F. Other existing rules regarding the administration of IDL will be followed in the administration of EIDL.
G. D. This section Section relating to EIDL will is grievable only through the second step of the grievance procedure as the final step of appeal and is not be subject to the arbitration procedure of this ContractAgreement.
E. EIDL eligibility and benefits may not exceed 52 weeks (365 calendar days) within two years of the first day of lost time. The employee's full gross salary is reduced by the amount of federal and state income tax and OASDI or Medicare to establish the "EIDL reduced gross." The intent of the EIDL program is to maintain, as closely as possible, the disabled employee's monthly take-home pay. The retirement contribution is computed and deducted based on the employee's full gross salary. The EIDL benefit is subject to miscellaneous payroll deductions. Additional withholding for taxes, deferred compensation/administrative charge, tax sheltered annuity or Flex-Elect will not be withheld from EIDL payments. EIDL payments will be reported in accordance with applicable tax law and Internal Revenue Service rules and regulations.
F. EIDL shall continue beyond the physician's statement that the employee's condition is "permanent and stationary" providing the employee has benefits remaining and at least one of the following conditions exists:
1. The employee is declared a "qualified injured worker" and is eligible for and agrees to participate in vocational rehabilitation.
2. The employee has initiated the disability retirement process.
G. If the EIDL benefits are to be terminated, the employee shall be notified by letter and be advised as to the status of his/her health, retirement and miscellaneous deductions.
H. All checks issued pursuant to this Section from the facility revolving fund shall have an explanation as to the monies received and pay periods covered.
I. A standard Supervisor's Report of Injury shall be submitted to the Health and Safety Officer within 24 hours after a job-related injury.
J. The employer will comply with the notice requirements specified in the Labor Code. All disputes relating to notice requirements under the Labor Code are not grievable or arbitrable.
K. Within five (5) days after denial of IDL or EIDL, the Health and Safety Officer shall provide the injured employee written notice of the reason for denial.
L. Claims for EIDL benefits must be filed within one year from the date of the incident causing the injury.
Appears in 1 contract
Samples: Collective Bargaining Agreement