Common use of Enhanced Industrial Disability Leave (EIDL Clause in Contracts

Enhanced Industrial Disability Leave (EIDL. A. An employee who loses the ability to work for more than twenty-two (22) work days 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 the result of one of the following: (1) directly and specifically caused by an assault by an inmate, patient, xxxx, or parolee, (2) by a domestic animal while the employee is performing in the line of duty, (3) a “criminal act of violence” against a peace officer who was performing in the line of duty. For purposes of this Article, “criminal act of violence” means an act which would constitute a misdemeanor or felony if pursued to conviction; (4) must have been directly and specifically caused in the course of responding to, returning from or fighting an active fire as defined in PRC 4103, 4104, 4170, and 4170.5. EIDL granted under this section must meet the criteria of direct or indirect physical contact with a combative or resistive inmate, patient, xxxx or parolee. EIDL, however, will not be unreasonably withheld. The director of a department may make a determination in special circumstances related to extraordinary hazardous duty (e.g. unavoidable serious injury caused by the actions of a combative inmate). Subsequent to a denial and upon the request of an employee and/or the Union, the Secretary shall review any incident where an employee suffers an injury and will make the final determination regarding the application of this section. Any such requests shall be submitted to the Assistant Secretary of Labor. B. The EIDL benefit will be equivalent to the injured employee’s net take home salary on the date of occurrence of the injury or the date that the employee is placed on EIDL, whichever is later. EIDL eligibility and benefits may continue for no longer than one (1) year. 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 has been deducted from the employee’s gross salary. C. EIDL will apply only to serious physical injuries and any complications directly related medically and attributable to the assault or fire, as determined by the Secretary or designee. This benefit shall not be applied to either presumptive, stress-related disabilities, or physical disability having mental origin. D. The final decision as to whether an employee is eligible for, or continues to be eligible for, EIDL shall rest with the Secretary. The Department may periodically review the employee’s condition by any means necessary to determine an employee’s continued eligibility for EIDL. E. Other existing rules regarding the administration of IDL will be followed in the administration of EIDL. F. This section relating to EIDL will not be subject to the arbitration procedure of this MOU. G. In circumstances that deviate from paragraph A. and C., the Secretary or designee may consider and grant EIDL on a case-by-case basis when he/she determines the injury was in fact job-related. H. A PIE who otherwise meets the EIDL criteria contained in this section of the MOU, but who has less than one thousand (1,000) hours of State service credit toward retirement will be eligible for a monthly EIDL benefit either: 1. Equivalent to the average number of monthly hours worked in the previous twelve (12) months preceding the qualifying injury, or 2. If the employee has not worked twelve (12) months, the equivalent to the average monthly number of hours worked in the months preceding the injury. In no case shall the benefit be less than eighty-four (84) hours. In no case shall the benefit exceed one thousand five hundred (1,500) hours in a twelve (12) month period in combination with hours worked and the EIDL benefits paid. This paragraph only applies to injuries that qualify for EIDL and not IDL. IDL or EIDL benefits currently available to PIEs with one thousand (1,000) hours of State service credit are not intended to be affected by this paragraph. I. EIDL benefits may be extended beyond the one (1) year cap, at the Secretary or designee’s discretion, in those instances where the injuries are the result of being burned, shot, stabbed or hit with a deadly weapon, and where the Secretary or designee finds that rehabilitation back to the job is possible if the EIDL is extended. In no event can the EIDL benefit be extended beyond three (3) years.

Enhanced Industrial Disability Leave (EIDL. A. An employee who loses the ability to work for more than twenty-two (22) work days 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 the result of one of the followingbeen: (1) directly and specifically caused by an assault by an inmate, patient, xxxx, or parolee, (2) by a domestic animal while the employee is performing in the line of duty, (3) a “criminal act of violence” against a peace officer who was performing in the line of duty. For purposes of this Article, “criminal act of violence” means an act which would constitute a misdemeanor or felony if pursued to conviction; (4) must have been directly and specifically caused in the course of responding to, returning from or fighting an active fire as defined in PRC 4103, 4104, 4170, and 4170.5. EIDL granted under this section must meet the criteria of direct or indirect physical contact with a combative or resistive inmate, patient, xxxx or parolee. EIDL, however, will not be unreasonably withheld. The director of a department may make a determination in special circumstances related to extraordinary hazardous duty (e.g. unavoidable serious injury caused by the actions of a combative inmate)duty. Subsequent to a denial and upon Upon the request of an employee and/or and/ or the Union, the Secretary Department Director shall review any incident where an employee suffers an injury and will make the final a determination regarding the application of this section. Any such requests shall be submitted to the Assistant Secretary of Labor. B. The he EIDL benefit will be equivalent to the injured employee’s 's net take home salary on the date of occurrence of the injury or the date that the employee is placed on EIDL, whichever is later. EIDL eligibility and benefits may continue for no longer than one (1) year. 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 's retirement contribution has been deducted from the employee’s 's gross salary. C. EIDL X. XXXX will apply only to serious physical injuries and any complications directly related medically and attributable to the assault or fire, as determined by the Secretary Department Director or designee. This benefit shall not be applied to either presumptive, stress-related disabilities, or physical disability having mental origin. D. The final decision as to whether an employee is eligible for, or continues to be eligible for, EIDL shall rest with the SecretaryDepartment Director or designee. The Department may periodically review the employee’s 's condition by any means necessary to determine an employee’s 's continued eligibility for EIDL. E. Other existing rules regarding the administration of IDL will be followed in the administration of EIDL. F. This section relating to EIDL will not be subject to the arbitration procedure of this MOU. G. In circumstances that deviate from paragraph A. and C.X., the Secretary or designee Director may consider and grant EIDL xxxxx XXXX on a case-by-case basis when he/she determines the injury was in fact job-related. H. A PIE who otherwise meets the EIDL criteria contained in this section of the MOU, but who has less than one thousand (1,000) hours of State service credit toward retirement will be eligible for a monthly EIDL benefit either: 1. Equivalent to the average number of monthly hours worked in the previous twelve (12) months preceding the qualifying injury, or 2. If the employee has not worked twelve (12) months, the equivalent to the average monthly number of hours worked in the months preceding the injury. In no case shall the benefit be less than eighty-four (84) hours. In no case shall the benefit exceed one thousand five hundred (1,500) hours in a twelve (12) month period in combination with hours worked and the EIDL benefits paid. This paragraph only applies to injuries that qualify for EIDL and not IDL. IDL or EIDL benefits currently available to PIEs with one thousand (1,000) hours of State service credit are not intended to be affected by this paragraph. I. EIDL benefits may be extended beyond the one (1) year cap, at the Secretary or designee’s Director's discretion, in those instances where the injuries are the result of being burned, shot, stabbed or hit with a deadly weapon, and where the Secretary or designee Director finds that rehabilitation back to the job is possible if the EIDL is extended. In no event can the EIDL benefit be extended beyond three (3) years.

Enhanced Industrial Disability Leave (EIDL. A. An employee who loses the ability to work for more than twenty-two (22) work days 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 the result of one of the followingbeen: (1) directly and specifically caused by an assault by an inmate, patient, xxxx, or parolee, (2) by a domestic animal while the employee is performing in the line of duty, (3) a “criminal act of violence” against a peace officer who was performing in the line of duty. For purposes of this Article, “criminal act of violence” means an act which would constitute a misdemeanor or felony if pursued to conviction; (4) must have been directly and specifically caused in the course of responding to, returning from or fighting an active fire as defined in PRC 4103, 4104, 4170, and 4170.5. EIDL granted under this section must meet the criteria of direct or indirect physical contact with a combative or resistive inmate, patient, xxxx or parolee. EIDL, however, will not be unreasonably withheld. The director of a department may make a determination in special circumstances related to extraordinary hazardous duty (e.g. unavoidable serious injury caused by the actions of a combative inmate)duty. Subsequent to a denial and upon Upon the request of an employee and/or and/ or the Union, the Secretary Department Director shall review any incident where an employee suffers an injury and will make the final a determination regarding the application of this section. Any such requests shall be submitted to the Assistant Secretary of Labor. B. The he EIDL benefit will be equivalent to the injured employee’s 's net take home salary on the date of occurrence of the injury or the date that the employee is placed on EIDL, whichever is later. EIDL eligibility and benefits may continue for no longer than one (1) year. 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 's retirement contribution has been deducted from the employee’s 's gross salary. C. EIDL X. XXXX will apply only to serious physical injuries and any complications directly related medically and attributable to the assault or fire, as determined by the Secretary Department Director or designee. This benefit shall not be applied to either presumptive, stress-related disabilities, or physical disability having mental origin. D. The final decision as to whether an employee is eligible for, or continues to be eligible for, EIDL shall rest with the SecretaryDepartment Director or designee. The Department may periodically review the employee’s 's condition by any means necessary to determine an employee’s 's continued eligibility for EIDL. E. Other existing rules regarding the administration of IDL will be followed in the administration of EIDL. F. This section relating to EIDL will not be subject to the arbitration procedure of this MOU. G. X. In circumstances that deviate from paragraph A. and C.X., the Secretary or designee Director may consider and grant EIDL xxxxx XXXX on a case-by-case basis when he/she determines the injury was in fact job-related. H. A PIE who otherwise meets the EIDL criteria contained in this section of the MOU, but who has less than one thousand (1,000) hours of State service credit toward retirement will be eligible for a monthly EIDL benefit either: 1. Equivalent to the average number of monthly hours worked in the previous twelve (12) months preceding the qualifying injury, or 2. If the employee has not worked twelve (12) months, the equivalent to the average monthly number of hours worked in the months preceding the injury. In no case shall the benefit be less than eighty-four (84) hours. In no case shall the benefit exceed one thousand five hundred (1,500) hours in a twelve (12) month period in combination with hours worked and the EIDL benefits paid. This paragraph only applies to injuries that qualify for EIDL and not IDL. IDL or EIDL benefits currently available to PIEs with one thousand (1,000) hours of State service credit are not intended to be affected by this paragraph. I. EIDL X. XXXX benefits may be extended beyond the one (1) year cap, at the Secretary or designee’s Director's discretion, in those instances where the injuries are the result of being burned, shot, stabbed or hit with a deadly weapon, and where the Secretary or designee Director finds that rehabilitation back to the job is possible if the EIDL is extended. In no event can the EIDL benefit be extended beyond three (3) years.

Enhanced Industrial Disability Leave (EIDL. A. An employee who loses the ability to work for more than twenty-two (22) work days 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 the result of one of the followingbeen: (1) directly and specifically caused by an assault by an inmate, patient, xxxx, or parolee, (2) by a domestic animal while the employee is performing in the line of duty, (3) a “criminal act of violence” against a peace officer who was performing in the line of duty. For purposes of this Article, “criminal act of violence” means an act which would constitute a misdemeanor or felony if pursued to conviction; (4) must have been directly and specifically caused in the course of responding to, returning from or fighting an active fire as defined in PRC 4103, 4104, 4170, and 4170.5. EIDL granted under this section must meet the criteria of direct or indirect physical contact with a combative or resistive inmate, patient, xxxx or parolee. EIDL, however, will not be unreasonably withheld. The director of a department may make a determination in special circumstances related to extraordinary hazardous duty (e.g. unavoidable serious injury caused by the actions of a combative inmate)duty. Subsequent to a denial and upon Upon the request of an employee and/or and/ or the Union, the Secretary Department Director shall review any incident where an employee suffers an injury and will make the final a determination regarding the application of this section. Any such requests shall be submitted to the Assistant Secretary of Labor. B. The he EIDL benefit will be equivalent to the injured employee’s 's net take home salary on the date of occurrence of the injury or the date that the employee is placed on EIDL, whichever is later. EIDL eligibility and benefits may continue for no longer than one (1) year. 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 's retirement contribution has been deducted from the employee’s 's gross salary. C. EIDL will apply only to serious physical injuries and any complications directly related medically and attributable to the assault or fire, as determined by the Secretary Department Director or designee. This benefit shall not be applied to either presumptive, stress-related disabilities, or physical disability having mental origin. D. The final decision as to whether an employee is eligible for, or continues to be eligible for, EIDL shall rest with the SecretaryDepartment Director or designee. The Department may periodically review the employee’s 's condition by any means necessary to determine an employee’s 's continued eligibility for EIDL. E. Other existing rules regarding the administration of IDL will be followed in the administration of EIDL. F. This section relating to EIDL will not be subject to the arbitration procedure of this MOU. G. In circumstances that deviate from paragraph A. and C., the Secretary or designee Director may consider and grant EIDL on a case-by-case basis when he/she determines the injury was in fact job-related. H. A PIE who otherwise meets the EIDL criteria contained in this section of the MOU, but who has less than one thousand (1,000) hours of State service credit toward retirement will be eligible for a monthly EIDL benefit either: 1. Equivalent to the average number of monthly hours worked in the previous twelve (12) months preceding the qualifying injury, or 2. If the employee has not worked twelve (12) months, the equivalent to the average monthly number of hours worked in the months preceding the injury. In no case shall the benefit be less than eighty-four (84) hours. In no case shall the benefit exceed one thousand five hundred (1,500) hours in a twelve (12) month period in combination with hours worked and the EIDL benefits paid. This paragraph only applies to injuries that qualify for EIDL and not IDL. IDL or EIDL benefits currently available to PIEs with one thousand (1,000) hours of State service credit are not intended to be affected by this paragraph. I. EIDL benefits may be extended beyond the one (1) year cap, at the Secretary or designee’s Director's discretion, in those instances where the injuries are the result of being burned, shot, stabbed or hit with a deadly weapon, and where the Secretary or designee Director finds that rehabilitation back to the job is possible if the EIDL is extended. In no event can the EIDL benefit be extended beyond three (3) years.