Enhanced Non-Industrial Disability Leave – Annual Leave Program. A. This ENDI provision is only applicable to employees participating in the Annual Leave Program referenced in Article 9.10. B. Enhanced Non-Industrial Disability Insurance (ENDI) is a program for State employee who become disabled due to non-work related disabilities as defined by Section 2626 of the Unemployment Insurance Code. C. For periods of disability commencing on or after January 1, 1989, eligible employees shall receive ENDI payments at 50% of their gross salary, payable monthly for a period not exceeding 26 weeks for any one disability benefit period. An employee is not eligible for a second disability benefit due to the same or related cause or condition unless he/she has returned to their regular time base, and work for at least ten (10) consecutive work days. Paid leave shall not be used to cover the ten (10) work days. Disability payments may be supplemented with annual leave, sick leave or partial payment to provide for up to 100% income replacement. At the time of an ENDI claim, an employee may elect either the 50% ENDI benefit rate or a supplementation level of 75 % or 100 % at gross pay. Once a claim for ENDI has been filed and the employee has determined the rate of supplementation, the supplemental rate shall be maintained throughout the disability period. D. The employee shall serve a seven (7) consecutive calendar day waiting period before ENDI payments commence for each disability. Accrued paid leave or CTO leave balance may be used to cover this waiting period. The waiting period may be waived when the employee is a registered bed patient in a hospital or nursing home, or receiving treatment, receives treatment in a hospital surgical unit or licensed surgical clinic. Procedure rooms and doctor’s offices are not included. E. If the employee elects to use annual leave or sick leave credits prior to receiving ENDI payments, he/she is not required to exhaust the accrued leave balance. F. Following the start of ENDI payments, an employee may at any time switch from ENDI to sick leave or annual leave, but may not return to ENDI until that leave is exhausted. G. In accordance with the State’s “return to work” policy, an employee who is eligible to receive ENDI benefits and who is medically certified as unable to return to their fulltime work during the period of his or her disability, may upon the discretion of his or her appointing power, work those hours (in hour increments) which, when combined with the ENDI benefit, will not exceed 100 % of their regular “full pay.” This does not qualify the employee for a new disability period under c. of this article. The appointing power may require an employee to submit a medical examination by a physician or physicians designated by the Director of the Employment Development Department for the purpose of evaluation the capacity of the employee to perform the work of his or her position. X. If an employee refuses to return to work in a position offered by the employer under the State’s injured State Worker Assistance Program, ENDI benefits will be terminated effective the date of the offer. 66 BU 19 (01-03)
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Labor Contract
Enhanced Non-Industrial Disability Leave – Annual Leave Program. A. This ENDI provision is only applicable to employees participating in the Annual Leave Program referenced in Article 9.109.3.
B. Enhanced Non-Industrial Disability Insurance (ENDI) is a program for State employee employees who become disabled due to non-work related disabilities as defined by Section 2626 of the Unemployment Insurance Code.
C. For periods of disability commencing on or after January 1, 1989, eligible employees shall receive ENDI payments at 50% of their gross salary, payable monthly for a period not exceeding 26 weeks for any one disability benefit period. An employee is not eligible for a second disability benefit due to the same or related cause or condition unless he/she has returned to their regular time base, and work for at least ten (10) consecutive work days. Paid leave shall not be used to cover the ten (10) work days. Disability payments may be supplemented with annual leave, sick leave or partial payment to provide for up to 100% income replacement. At the time of an ENDI claim, an employee may elect either the 50% ENDI benefit rate or a supplementation level of 75 % or 100 % at gross pay. Once a claim for ENDI has been filed and the employee has determined the rate of supplementation, the supplemental rate shall be maintained throughout the disability period.
D. The employee shall serve a seven (7) consecutive calendar day waiting period before ENDI payments commence for each disability. Accrued paid leave or CTO leave balance may be used to cover this waiting period. The waiting period may be waived when the employee is a registered bed patient in a hospital or nursing home, or receiving treatment, receives treatment in a hospital surgical unit or licensed surgical clinic. Procedure rooms and doctor’s offices are not included.
E. If the employee elects to use annual leave or sick leave credits prior to receiving ENDI payments, he/she is not required to exhaust the accrued leave balance.
F. Following the start of ENDI payments, an employee may at any time switch from ENDI to sick leave or annual leave, but may not return to ENDI until that leave is exhausted.
G. In accordance with the State’s “return to work” policy, an employee who is eligible to receive ENDI benefits and who is medically certified as unable to return to their fulltime full- time work during the period of his or her disability, may upon the discretion of his or her appointing power, work those hours (in hour increments) which, when combined with the ENDI benefit, will not exceed 100 % of their regular “full pay.” This does not qualify the employee for a new disability period under c. of this article. The appointing power may require an employee to submit a medical examination by a physician or physicians designated by the Director of the Employment Development Department for the purpose of evaluation the capacity of the employee to perform the work of his or her position.
X. H. If an employee refuses to return to work in a position offered by the employer under the State’s injured State Worker Assistance Program, ENDI benefits will be terminated effective the date of the offer.
I. Where employment is intermittent or irregular, the payments shall be determined on the basis of proportionate part of a monthly rate established by the total hours actually employed in the 18 monthly pay periods immediately preceding the pay period in which the disability begins as compared to the regular rate for a full-time employee in the same group or class. 66 BU 19 (01-03)An employee will be eligible for ENDI payments on the first day of the monthly pay period following completion of 960 hours of compensated work.
J. All other applicable California Department of Human Resources laws and regulations not superseded by these provisions will remain in effect.
K. Upon approval of ENDI benefits, the State may issue an employee a salary advance if the employee so requests.
L. All appeals of an employee’s denial of ENDI benefits shall only follow the procedures in the Unemployment Insurance Code and Title 22. All disputes relating to an employee’s denial of benefits are not grievable or arbitrable. This does not change either party’s contractual rights which are not related to an individual’s denial of benefits.
M. Employees who become covered in the annual leave program while on an NDI claim shall continue to receive NDI pay at the old rate for the duration of the claim.
N. Employees who do not elect the annual leave program will receive NDI benefits in accordance with the current program Section 10.3 and such benefits are limited to $135 per week.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Enhanced Non-Industrial Disability Leave – Annual Leave Program. A. This ENDI provision is only applicable to employees participating in the Annual Leave Program referenced in Article 9.109.3.
B. Enhanced Non-Industrial Disability Insurance (ENDI) is a program for State employee who become disabled due to non-work related disabilities as defined by Section 2626 of the Unemployment Insurance Code.
C. For periods of disability commencing on or after January 1, 1989, eligible employees shall receive ENDI payments at 50% of their gross salary, payable monthly for a period not exceeding 26 weeks for any one disability benefit period. An employee is not eligible for a second disability benefit due to the same or related cause or condition unless he/she has returned to their regular time base, and work for at least ten (10) consecutive work days. Paid leave shall not be used to cover the ten (10) work days. Disability payments may be supplemented with annual leave, sick leave or partial payment to provide for up to 100% income replacement. At the time of an ENDI claim, an employee may elect either the 50% ENDI benefit rate or a supplementation level of 75 % or 100 % at gross pay. Once a claim for ENDI has been filed and the employee has determined the rate of supplementation, the supplemental rate shall be maintained throughout the disability period.
D. The employee shall serve a seven (7) consecutive calendar day waiting period before ENDI payments commence for each disability. Accrued paid leave or CTO leave balance may be used to cover this waiting period. The waiting period may be waived when the employee is a registered bed patient in a hospital or nursing home, or receiving treatment, receives treatment in a hospital surgical unit or licensed surgical clinic. Procedure rooms and doctor’s offices are not included.
E. If the employee elects to use annual leave or sick leave credits prior to receiving ENDI payments, he/she is not required to exhaust the accrued leave balance.
F. Following the start of ENDI payments, an employee may at any time switch from ENDI to sick leave or annual leave, but may not return to ENDI until that leave is exhausted.
G. In accordance with the State’s “return to work” policy, an employee who is eligible to receive ENDI benefits and who is medically certified as unable to return to their fulltime full- time work during the period of his or her disability, may upon the discretion of his or her appointing power, work those hours (in hour increments) which, when combined with the ENDI benefit, will not exceed 100 % of their regular “full pay.” This does not qualify the employee for a new disability period under c. of this article. The appointing power may require an employee to submit a medical examination by a physician or physicians designated by the Director of the Employment Development Department for the purpose of evaluation the capacity of the employee to perform the work of his or her position.
X. H. If an employee refuses to return to work in a position offered by the employer under the State’s injured State Worker Assistance Program, ENDI benefits will be terminated effective the date of the offer.
I. Where employment is intermittent or irregular, the payments shall be determined on the basis of proportionate part of a monthly rate established by the total hours actually employed in the 18 monthly pay periods immediately preceding the pay period in which the disability begins as compared to the regular rate for a full-time employee in the same group or class. 66 BU 19 (01-03)An employee will be eligible for ENDI payments on the first day of the monthly pay period following completion of 960 hours of compensated work.
J. All other applicable Department of Personnel Administration laws and regulations not superseded by these provisions will remain in effect.
K. Upon approval of ENDI benefits, the State may issue an employee a salary advance if the employee so requests.
L. All appeals of an employee’s denial of ENDI benefits shall only follow the procedures in the Unemployment Insurance Code and Title 22. All disputes relating to an employee’s denial of benefits are not grievable or arbitrable. This does not change either party’s contractual rights which are not related to an individual’s denial of benefits.
M. Employees who become covered in the annual leave program while on an NDI claim shall continue to receive NDI pay at the old rate for the duration of the claim.
N. Employees who do not elect the annual leave program will receive NDI benefits in accordance with the current program Section 10.3 and such benefits are limited to $135 per week.
Appears in 1 contract
Samples: Collective Bargaining Agreement
