Industrial Accident and Illness Leave. For accidents or illnesses that are job- incurred, unit members shall be provided leave benefits under the following provisions: 12.6.1 Allowable leave shall be sixty (60) days during which the colleges of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one fiscal year for the same accident. 12.6.2 Allowable leave shall not be accumulated from year to year. 12.6.3 Industrial accident or illness leave shall commence on the first (1st) day of absence. 12.6.4 When a faculty member is absent from his/her duties on account of an industrial accident or illness, he/she shall be paid such portion of the salary due him/her for any month in which the absence occurs as, when added to his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable. 12.6.5 Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity award. 12.6.6 When an industrial accident or illness leave overlaps into the next fiscal year, the unit member shall be entitled to only the amount of unused industrial accident or illness leave due him/her for the same illness or injury. 12.6.7 Upon termination of the industrial accident or illness leave, the unit member shall be entitled to the benefits provided in Education Code Sections 87780, 87781 and 87786, and for the purposes of each of these sections his/her absence shall be deemed to have commenced on the date of termination for the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability indemnity, he/she may elect to take as much of his/her accumulated sick leave which, when added to his/her temporary disability indemnity, will result in a payment to him/her of not more than his/her full salary. 12.6.8 During any paid leave of absence, the unit member may endorse to the District the temporary disability indemnity checks received on account of his/her industrial accident or illness. The District, in turn, shall issue the unit member appropriate salary warrants for payment of the unit member's salary, and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the employee for periods covered by such salary warrants. 12.6.9 Any unit member receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California, unless the Governing Board authorizes travel outside the state. 12.6.10 When all available leaves of absence have been exhausted and the unit member is not medically able to return to all the duties of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absence.
Appears in 13 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents a. Allowable leave for an industrial accident or illnesses that are job- incurred, unit members illness shall be provided leave benefits under the following provisions:
12.6.1 Allowable leave shall be for not less than sixty (60) days during which the colleges schools of the District are required to be in session or when the unit member employee would otherwise have been performing work for the this District in any one fiscal year for the same accident.
12.6.2 Allowable b. Such leave shall is not be accumulated from year to year-to-year.
12.6.3 c. Industrial accident or illness leave shall commence on the first (1st) day days of absence.
12.6.4 d. Industrial accident and illness leave shall be reduced by one day for each day of authorized absence regardless of a temporary disability award.
e. When a faculty member teacher is absent from his/her duties on account of an industrial accident or illness, he/she shall be paid such portion of the salary due him/her for any month in which the absence occurs as, when added to his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, Code will result in a payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 salary otherwise payable for period of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicabledisability.
12.6.5 Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity award.
12.6.6 f. When an industrial accident or illness leave overlaps into the next fiscal year, the unit member employee shall be entitled to only the amount of unused industrial accident or illness sick leave due him/her for the same illness or injury.
12.6.7 g. Upon termination of the industrial accident or illness leave, the unit member employee shall be entitled to sick leave and extended sick leave. If the benefits provided in Education Code Sections 87780, 87781 and 87786, and for the purposes of each of these sections his/her absence shall be deemed to have commenced on the date of termination for the industrial accident or illness leave, provided that if the unit member employee continues to receive temporary dis- ability disability indemnity, he/she may elect to take as much of his/her accumulated sick leave which, when added to his/her temporary disability indemnity, will result in a payment to him/her of not more than his/her full salary.
12.6.8 h. During any paid leave of absence, the unit member employee may endorse to the District the temporary disability indemnity checks received on account of his/her industrial accident or illness. The District, in turn, shall issue the unit member employee appropriate salary warrants for payment of the unit memberemployee's salary, salary and shall deduct normal retirement, other authorized contributions, contributions and the temporary disability indemnity, if any, actually paid to, to and retained by, by the employee for periods covered by such salary warrants.
12.6.9 Any unit member receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California, unless the Governing Board authorizes travel outside the state.
12.6.10 When all available leaves of absence have been exhausted and the unit member is not medically able to return to all the duties of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absence.
Appears in 10 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents 13.1 Unit Members who sustain any work-related injury or illnesses that are job- incurred, unit members illness shall be provided leave benefits under the following provisions:
12.6.1 Allowable leave shall be eligible for a maximum up to sixty (60) working days during which for one or more separate occurrences, each fiscal year. Illness or injury so determined shall not be deducted from sick leave.
13.2 The Unit Member or the colleges of the District are required to be in session or immediate supervisor, when the unit member would otherwise have been performing work for Unit Member is disabled, shall file an occupational injury or illness report within twenty-four (24) hours following an industrial injury or illness, with the District in any one fiscal year for the same accidentHuman Resources Office.
12.6.2 13.3 Allowable leave shall not be accumulated from year to year.
12.6.3 13.4 Industrial accident or illness leave shall commence on the first (1st) day of absence.
12.6.4 13.5 When a faculty member an Unit Member is absent from his/her duties on account of an industrial accident or illness, illness he/she shall be paid such portion of the salary due him/her for any month in which the absence occurs asoccurs, as when added to his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her full regular monthly salary. The phrase, "full salary," as utilized .
13.5.1 As used in this section, Industrial Accident and Illness Leave, temporary disability indemnity shall refer exclusively to payments received from the Employer's Workers Compensation insurance carrier.
13.6 When an industrial accident or illness leave overlaps into the next fiscal year, the Unit Member shall be computed so that it shall not be less than entitled to only the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 amount of unused leave due him/her for the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicablesame illness or injury.
12.6.5 13.7 Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity award.
12.6.6 When an industrial accident or illness leave overlaps into the next fiscal year, the unit member shall be entitled to only the amount of unused industrial accident or illness leave due him/her for the same illness or injury.
12.6.7 Upon termination of the industrial accident or illness leave, the unit member shall be entitled to the benefits provided in Education Code Sections 87780, 87781 and 87786, and for the purposes of each of these sections his/her absence shall be deemed to have commenced on the date of termination for the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability indemnity, he/she may elect to take as much of his/her accumulated sick leave which, when added to his/her temporary disability indemnity, will result in a payment to him/her of not more than his/her full salary.
12.6.8 13.8 During any paid leave of absence, the unit member may Unit Member shall endorse to the District Employer the temporary disability indemnity checks received on account of his/her industrial accident or illness. The DistrictEmployer, in turn, shall issue the unit member Unit Member appropriate salary warrants for payment of the unit member's salary, and shall deduct normal retirement, retirement and other authorized contributions, and .
13.9 Upon exhaustion of the temporary disability indemnity, if any, actually paid to, and retained byindustrial accident or illness leave, the employee for periods covered by such salary warrantsUnit Member shall be entitled to the benefits listed under the Sick Leave article.
12.6.9 13.10 Any unit member Unit Member receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State state of California, California unless the Governing Board authorizes Employer authorized travel outside the stateState.
12.6.10 When all available leaves 13.11 If verification of absence have been exhausted and the unit member any industrial accident or illness is not medically able to return to all the duties of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the positionEmployer, despite his/her disabilitythe Employer shall, prior to within two working days of written notification by the exhaustion Unit Member of leave such accident, provide the Unit Member with a list of absencethree (3) qualified physicians from which the Unit Member shall select one. The services of the selected physician shall be paid by the Employer.
Appears in 10 contracts
Samples: Articles of Agreement, Articles of Agreement, Articles of Agreement
Industrial Accident and Illness Leave. For accidents or illnesses In addition to any other benefits that are job- incurreda bargaining unit member may be entitled to under the Workers' Compensation laws of this state, bargaining unit members shall be provided leave benefits under entitled to the following provisionsbenefits:
12.6.1 Allowable leave 10.4.1 A bargaining unit member who has obtained permanency in the District and has suffered an injury or illness arising out of and in the course and scope of his employment shall be entitled to a leave of up to sixty (60) working days during which the colleges of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one fiscal year for the same accident.
12.6.2 Allowable accident or illness. This leave shall not be accumulated from year to year.
12.6.3 Industrial accident or illness , and when any leave shall commence on the first (1st) day of absence.
12.6.4 When will overlap a faculty member is absent from his/her duties on account of an industrial accident or illness, he/she shall be paid such portion of the salary due him/her for any month in which the absence occurs as, when added to his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
12.6.5 Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity award.
12.6.6 When an industrial accident or illness leave overlaps into the next fiscal year, the bargaining unit member shall be entitled to only that amount remaining at the amount end of unused the fiscal year in which the injury or illness occurred.
10.4.2 Payment for wages lost on any day shall not, when added to an award granted the bargaining unit member under the Workers' Compensation laws of this state, exceed the normal wage for the day.
10.4.3 The industrial accident or illness leave due him/her for the same illness or injury.
12.6.7 Upon termination is to be used in lieu of the normal sick leave benefits. When entitlement to industrial accident or illness leave under this section has been exhausted, entitlement to other sick leave, the vacation or other paid leave may then be used. If, however, a bargaining unit member is still receiving temporary disability payments under the Workers' Compensation laws of this state at the time of the exhaustion of benefits under this section, he shall be entitled to the benefits provided in Education Code Sections 87780, 87781 use only so much of his accumulated and 87786, available normal sick leave and for the purposes of each of these sections his/her absence shall be deemed to have commenced on the date of termination for the industrial accident or illness vacation leave, provided that if the unit member continues to receive temporary dis- ability indemnity, he/she may elect to take as much of his/her accumulated sick leave which, when added to his/her temporary disability indemnitythe Workers' Compensation award, will result in provides for a payment to him/her day's pay at the regular rate of not more than his/her full salarypay.
12.6.8 During any paid leave of absence, the 10.4.4 Any time a bargaining unit member may endorse to the District the temporary disability indemnity checks received on account of his/her industrial accident Industrial Accident or illness. The District, in turn, shall issue the unit member appropriate salary warrants for payment of the unit member's salary, and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the employee for periods covered by such salary warrants.
12.6.9 Any unit member receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California, unless the Governing Board authorizes travel outside the state.
12.6.10 When all available leaves of absence have been exhausted and the unit member Illness Leave is not medically able to return to all work within the duties of first five months he/she shall be reinstated in his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion position without loss of the District, pay or benefits. This does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the mean that a bargaining unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the member will be paid beyond exhaustion of leave of absenceall available paid leave.
Appears in 9 contracts
Samples: Labor Agreement, Labor Agreement, Labor Agreement
Industrial Accident and Illness Leave. For accidents or illnesses that are job- incurreda. Only to the extent provided by law, members of the unit members shall be provided industrial accident and illness leave benefits under the following provisions:
12.6.1 Allowable (1) allowable leave shall be sixty (60) for not less than 60 days during which the colleges schools of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one fiscal year for the same accident.;
12.6.2 Allowable (2) allowable leave shall not be accumulated from year to year.;
12.6.3 Industrial (3) industrial accident or illness leave shall commence on the first (1st) day of absence, or when the illness or condition is determined to have begun, and the allowable 60 days shall be used first.
12.6.4 When a faculty member (4) all accrued regular full salary sick leave may be used when the industrial accident/illness leave (60 days) expires.
(5) half-salary sick leave and money from the Workers' Compensation fund is absent from his/her duties on account of an industrial accident or illness, he/she shall be paid such portion of the used when full salary due him/her for any month in which the absence occurs as, when added to his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her full salarysick-leave expires. The phrase, "full salary," as utilized in this section, shall be computed so that it aggregate amount of half-salary sick leave and Workers' Compensation contribution shall not be less than exceed the unit memberemployee's "average weekly earnings" as that phrase is utilized in Section 4453 of sick leave entitlement prior to the Labor Code. For purposes of this section, howeverillness.
(6) after all paid benefits are exhausted, the maximum and minimum average weekly earnings set forth in Section 4453 of employee shall receive any remaining money due him or her from the Labor Code shall otherwise not be deemed applicableWorkers' Compensation Fund.
12.6.5 Industrial accident or illness leave shall be reduced by one (17) day for each day of authorized absence regardless of a temporary disability indemnity award.
12.6.6 When when an industrial accident or illness leave overlaps into the next fiscal year, the unit member shall be entitled to only the amount of unused industrial accident or illness leave due him/her for the same illness or injury.;
12.6.7 Upon (8) upon termination of the industrial accident or illness leave, the unit member shall be entitled to the benefits provided in Education Code Sections Section 87780, 87781 87781, and 87786, and for the purposes of each of these sections those sections, his/her absence shall be deemed to have commenced on the date of termination for of the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability disability indemnity, he/she may elect to take as much of his/her accumulated sick leave which, when added to his/her temporary disability indemnity, will result in a payment to him/her of not more than his/her full salary.;
12.6.8 During (9) during any paid leave of absence, the unit member may endorse to the District the temporary disability indemnity checks received on account of his/her industrial accident or illness. The Districtchecks shall be endorsed and immediately turned over to the District upon receipt, or if retained by the member, the member shall immediately notify the District of the amount of the temporary disability indemnity payment. The District in turn, shall issue the unit member appropriate salary warrants for payment of the unit member's salary, and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, to and retained by, by the employee member for periods covered by such salary warrants.;
12.6.9 Any unit (10) any member receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California, California unless the Governing Board authorizes authorized travel outside the state.
12.6.10 When all available leaves (11) the Governing Board may, at its discretion, by rule or regulation, provide for such additional leave of absence have been exhausted and for industrial accident or illness as it deems appropriate;
(12) at the District’s request, the unit member shall provide the District with his/her physician’s report of the unit member’s physical condition. The requested medical reports shall be submitted to the District not later than one week after the District request is made. Employees returning to work from industrial accident or illness leave shall be required to present a physician’s unconditional release verifying that the unit member is not medically able to return to all the duties of his/her prior assignmentfull-time work, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualifiedincluding any restrictions on extra duty assignments. With mutual agreement with If the unit member’s physician fails to meet this requirement, the District may also assign require the unit member to submit to an employee into examination by a position District designated physician provided that can reasonably accommodate his/her performance the District pays the cost of duties such examination. Employees returning to work from industrial accident or illness leave shall be required by to present a physician’s release verifying medical permission to return to work, including any restrictions, and
(13) upon returning to duty, an absence report form shall be filed with the position, despite his/her disability, prior to the exhaustion of leave of absenceappropriate administrative office.
Appears in 5 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Industrial Accident and Illness Leave. A. For accidents or illnesses that which are job- job-incurred, unit members shall be provided leave benefits under the following provisions:
12.6.1 1. Allowable leave shall be sixty (60) days during which the colleges schools of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one (1) fiscal year for the same accident.
12.6.2 2. Allowable leave shall not be accumulated from year to year.
12.6.3 3. Industrial accident or illness leave shall commence on the first (1st) day of absence.
12.6.4 4. When a faculty certificated unit member is absent from his/her duties on account of an industrial accident or illness, he/she shall be paid such portion of the salary due him/her for any month in which the absence occurs as, when added to his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, section shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
12.6.5 5. Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity award.
12.6.6 6. When an industrial accident or illness leave overlaps into the next fiscal year, the unit member shall be entitled to only the amount of unused industrial accident or illness leave due him/her for the same illness or injury.
12.6.7 Upon 7. On termination of the industrial accident or illness leave, the unit member shall be entitled to the benefits provided in Education Code Sections 87780, 87781 and 87786, and for the purposes of each of these sections his/her absence shall be deemed to have commenced on the date of termination for of the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability disability indemnity, he/she may elect to take as much of his/her accumulated sick leave which, when added to his/her temporary disability indemnity, indemnity will result in a payment to him/her of not more than his/her full salary.
12.6.8 8. During any paid leave of absence, the unit member may endorse to the District the temporary disability indemnity checks received on account of his/her industrial accident or illness. The District, in turn, shall issue the unit member appropriate salary warrants for payment of the unit member's salary, and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the employee for periods covered by such salary warrants.
12.6.9 9. Any unit member receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California, unless the Governing Board authorizes travel outside the state.
12.6.10 When all available leaves of absence have been exhausted and the unit member is not medically able to return to all the duties of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absence.
Appears in 5 contracts
Samples: Part Time Faculty Bargaining Agreement, Part Time Faculty Bargaining Agreement, Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents 26.19.1 A bargaining unit member who is absent from duty because of illness or illnesses that are job- incurred, unit members injury resulting from such accident or condition shall be provided granted an industrial accident and illness leave benefits under the following provisions:
12.6.1 Allowable leave shall be for up to sixty (60) working days during which the colleges of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one fiscal year for each such accident or illness. When an industrial accident or illness occurs at a time when the full sixty (60) days will overlap into the next school year, the bargaining unit member shall be entitled to use only that amount remaining at the end of the school year in which the injury or illness occurred for the same accidentillness or injury.
12.6.2 26.19.2 When a bargaining unit member is denied payments under this section and is subsequently granted an award by appropriate authority, he/she shall be entitled to all such payments denied.
26.19.3 Allowable leave shall not be accumulated from year to year.
12.6.3 26.19.4 Industrial accident or illness leave shall commence on the first (1st) day of absence.
12.6.4 When 26.19.5 Only absences which are supported by a faculty medical doctor’s statement and have been verified by the District’s workers’ compensation insurance carrier or the Workers’ Compensation Appeals Board to be the result of a work connected injury or illness will be paid under the industrial leave policy. Any absence that cannot be so verified shall be charged against the bargaining unit member’s personal illness leave or other appropriate leave.
26.19.6 Should the bargaining unit member’s absence due to an industrial injury or illness be extended beyond sixty (60) days, the bargaining unit member shall be entitled to use accrued illness leave, or other available leave provided by this Agreement or by the action of the Governing Board.
26.19.7 During any period a bargaining unit member is absent from receiving his/her duties on account of an industrial accident or illnessregular salary from the District, he/she is required to endorse over to the District all temporary disability payments received from the Carrier. Charges to the bargaining unit member’s leave balance shall be paid such portion of the salary due him/her for any month in which the absence occurs as, when added to his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.follows:
12.6.5 26.19.8 Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity awardpayment paid by the Carrier.
12.6.6 When an industrial accident 26.19.9 A bargaining unit member who is absent because of a work connected injury or illness leave overlaps into the next fiscal year, the unit member shall not be entitled to only receive wages or salary from the amount of unused industrial accident or illness leave due him/her for the same illness or injury.
12.6.7 Upon termination of the industrial accident or illness leave, the unit member shall be entitled to the benefits provided in Education Code Sections 87780, 87781 and 87786, and for the purposes of each of these sections his/her absence shall be deemed to have commenced on the date of termination for the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability indemnity, he/she may elect to take as much of his/her accumulated sick leave District which, when added to his/her temporary disability indemnitybenefits, will result in a payment to him/her of not more than shall exceed his/her full salary.
12.6.8 During any paid leave of absence, salary during the unit member may endorse to the District the temporary disability indemnity checks received on account period of his/her industrial accident or illness. The District, in turn, shall issue the unit member appropriate salary warrants for payment of the unit member's salary, and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the employee for periods covered by such salary warrantsabsence.
12.6.9 Any unit member receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California, unless the Governing Board authorizes travel outside the state.
12.6.10 26.19.10 When all available paid leaves of absence have been exhausted used and the bargaining unit member is not medically able unable to return to work, the bargaining unit member may petition the Board of Education for additional paid or unpaid leave. The Board may grant leave at its discretion at such rate as it may prescribe.
26.19.11 Employees who exhaust all forms of paid and differential leave, will be placed on the 39 month reemployment list. Employees will remain District employees until such time that they are able to perform the duties of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disabilityor the 39 months expires, prior to the exhaustion of leave of absenceas described in Education Code Section 44978.1.
Appears in 5 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents Leaves resulting from an industrial accident or illnesses that are job- incurred, unit members industrial illness shall be provided leave benefits under granted in accordance with the following provisions:
12.6.1 Allowable leave 8.14.1 Unit members shall be allowed up to sixty (60) working days during which the colleges of the District are required to be in session or when the unit member would otherwise have been performing work for the District leave in any one (1) fiscal year for the same accidentaccident or illness.
12.6.2 8.14.2 Allowable leave shall not be accumulated from year to year.
12.6.3 8.14.3 Industrial accident Accident or illness leave shall Illness Leave will commence on the first (1st) day of the absence.
12.6.4 When a faculty member is absent from his/her duties 8.14.4 Payment for wages lost on account of an industrial accident or illness, he/she any day shall be paid such portion of the salary due him/her for any month in which the absence occurs asnot, when added to his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it shall not be less than an award granted the unit membermember under the worker's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes compensation laws of this sectionState, however, exceed the maximum and minimum average weekly earnings set forth in Section 4453 of normal wage for the Labor Code shall otherwise not be deemed applicableday.
12.6.5 8.14.5 Industrial accident or illness leave shall Accident Leave will be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity awardcompensation award made under worker's compensation.
12.6.6 8.14.6 When an industrial accident or illness leave overlaps occurs at a time when the full sixty (60) days will overlap into the next fiscal year, the unit member shall be entitled to only that amount remaining at the amount end of unused industrial accident the fiscal year in which the injury or illness leave due him/her occurred, for the same illness or injury.
12.6.7 Upon termination of the industrial accident 8.14.7 When entitlement to Industrial Accident or illness leaveIllness Leave has been exhausted, entitlement to other leaves will then be used; but if a unit member is receiving worker's compensation, the unit member person shall be entitled to use only so much of the benefits provided in Education Code Sections 87780, 87781 and 87786, and for the purposes of each of these sections his/her absence shall be deemed to have commenced on the date of termination for the industrial accident person's accumulated or illness available sick leave, provided that if the unit member continues to receive temporary dis- ability indemnityaccumulated compensation time, he/she may elect to take as much of his/her accumulated sick vacation or other available leave which, when added to his/her temporary disability indemnitythe worker's compensation award, will result in provides for a payment to him/her of not more than his/her full day's wage or salary.
12.6.8 8.14.8 During any all paid leave leaves of absence, under this section, whether industrial accident leave provided by law or the action of the governing board, the unit member may shall endorse to the District the temporary disability indemnity wage loss benefit checks received on account under the worker's compensation laws of his/her industrial accident or illnessthis State. The District, in turn, shall issue the unit member appropriate salary warrants for payment of the unit member's salary, wages or salary and shall deduct normal retirement, retirement and other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the employee for periods covered by such salary warrants. Reduction of entitlement to leave shall be made only in accordance with this section.
12.6.9 Any unit member receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California, unless the Governing Board authorizes travel outside the state.
12.6.10 8.14.9 When all available leaves of absence absence, paid or unpaid, have been exhausted and if the unit member is not medically able to return to all assume the duties of his/her prior assignmentthe person's position, the District person shall, if not placed in another position, be placed on a re-employment list for a period of thirty-nine (39) months without pay. When available, during the thirty-nine (39) month period, the person shall provide first (1st) priority be employed in assigning such a person into classes where his/her disabilityvacant position in the class of the person's previous assignment over all other available candidates except for a re-employment list established because of a layoff, in which case the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement person shall be listed in accordance with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absenceappropriate seniority.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents or illnesses that are job- incurred, 17.5.1 Members of the bargaining unit members shall be provided leave benefits under entitled to the following provisionsleave on account of illness or accident which has qualified for Workers' Compensation benefits:
12.6.1 17.5.1.1 Allowable leave shall be for up to a maximum of sixty (60) days during which the colleges schools of the District CHARTER SCHOOL are required to be in session or when the unit member would otherwise have been performing work for the District CHARTER SCHOOL in any one (1) fiscal year for the same accident.
12.6.2 17.5.1.2 Allowable leave shall not be accumulated from year to year-to-year.
12.6.3 17.5.1.3 Industrial accident or illness leave shall commence on the first (1st) day of the absence.
12.6.4 17.5.1.4 When a faculty member of the bargaining unit is absent from his/her the member's duties on account of an industrial accident or illness, he/she the member shall be paid such portion of the salary due him/her to the member for any month in which the absence occurs asoccurs, as when added to his/her the member's temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her the member of not more than his/her the member's full salary. (The phrase, "full salary," , as utilized in this section, subparagraph D shall be computed so that it shall not be less than the unit member's "average weekly earnings" earning as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this sectionSection 5, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.)
12.6.5 17.5.1.5 Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence absence, regardless of a temporary disability indemnity award.
12.6.6 17.5.1.6 When an industrial accident or illness leave overlaps into the next fiscal year, the unit member shall be entitled to only the amount of unused industrial accident or illness leave due him/her to the member for the same illness or injury.
12.6.7 17.5.2 Upon termination of the industrial accident or illness leave, members of the unit member bargaining unit, except for members employed during the summer recess, shall be entitled to the benefits provided in Education Code Sections 87780, 87781 and 87786Section 17.2 of this Article 17, and for the purposes of each of these sections his/her those sections, the member's absence shall be deemed to have commenced on the date of termination for of the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability disability indemnity, he/she the member may elect to take as much of his/her the accumulated sick leave which, when added to his/her the member's temporary disability indemnity, will result in a payment to him/her the member of not more than his/her the member's full salary.
12.6.8 17.5.3 During any paid leave of absence, the unit member may endorse to the District CHARTER SCHOOL the temporary disability indemnity checks received on account of his/her the member's industrial accident or illness. The DistrictCHARTER SCHOOL, in turn, shall issue the unit member appropriate salary warrants for payment of the unit member's salary, salary and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, to and retained by, by the employee member for periods the period covered by such salary warrants.
12.6.9 17.5.4 Any member of the bargaining unit member receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California, California unless the Governing Board authorizes authorized travel outside of the stateState.
12.6.10 When all available leaves 17.5.5 The CHARTER SCHOOL reserves the right to secure proof of absence have been exhausted industrial accident or illness of any member of the bargaining unit. Before salary payments will be made to a member absent because of industrial accident or illness, a report of such accident or illness in the form prescribed by the CHARTER SCHOOL must be on file in the Business Services office, and the unit member is not medically able injury or illness must have qualified for Workers' Compensation benefits, under the provision applicable to return to all the duties of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required leave by the position, despite his/her disability, prior CHARTER SCHOOL workers’ compensation coverage.
17.5.6 The CHARTER SCHOOL has the right to have the exhaustion member examined by a physician designated by the CHARTER SCHOOL to assist in determining the length of leave of absencetime during which the member will be temporarily unable to perform assigned duties and the degree to which a disability is attributable to an industrial accident or illness.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Industrial Accident and Illness Leave. A. For accidents or illnesses that which are job- job-incurred, unit members shall be provided leave benefits under the following provisions:
12.6.1 1. Allowable leave shall be sixty (60) days during which the colleges schools of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one (1) fiscal year for the same accident.
12.6.2 2. Allowable leave shall not be accumulated from year to year.
12.6.3 3. Industrial accident or illness leave shall commence on the first (1st) day of absence.
12.6.4 4. When a faculty certificated unit member is absent from his/her duties on account of an industrial accident or illness, he/she shall be paid such portion of the salary due him/her for any month in which the absence occurs as, when added to his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, section shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
12.6.5 5. Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity award.
12.6.6 6. When an industrial accident or illness leave overlaps into the next fiscal year, the unit member shall be entitled only to only the amount of unused industrial accident or illness leave due him/her for the same illness or injury.
12.6.7 Upon termination 7. Termination of the industrial accident or illness leave, the unit member shall be entitled to the benefits provided in Education Code Sections 87780, 87781 and 87786, and for the purposes of each of these sections his/her absence shall be deemed to have commenced on the date of termination for of the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability disability indemnity, he/she may elect to take as much of his/her accumulated sick leave which, when added to his/her temporary disability indemnity, will result in a payment to him/her of not more than his/her full salary. (See Sick Leave, Article XIV-A, Section 1).
12.6.8 8. During any paid leave of absence, the unit member may endorse to the District the temporary disability indemnity checks received on account of his/her industrial accident or illness. The District, in turn, shall issue the unit member appropriate salary warrants for payment of the unit member's ’s salary, and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the employee for periods covered by such salary warrants.
12.6.9 9. Any unit member receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California, unless the Governing Board of Trustees authorizes travel outside the state.
12.6.10 10. When all available leaves of absence have been exhausted and the unit member is not medically able to return to all the duties of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in at the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absence.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents a. Bargaining Unit Members will be entitled to industrial accident leave according to the provisions of the Education Code for personal injury or illnesses that are job- incurred, unit members shall be provided leave benefits illness which has qualified for worker's compensation under the following provisions:provisions of the Compensation Insurance Fund.
12.6.1 Allowable b. Such leave shall be not exceed sixty (60) days during which the colleges schools of the District DISTRICT are required to be in session or when the bargaining unit member would otherwise have been performing work for the District DISTRICT in any one fiscal year for the same industrial accident.
12.6.2 Allowable (1) After sixty (60) days, if the Bargaining Unit Member is still absent from duty as a result of such industrial accident leave, he/she shall then be entitled to other leave shall not benefits for which he/she may be accumulated from year to yeareligible.
12.6.3 Industrial (2) The BOARD shall consider an extension of industrial accident leave with pay for an additional thirty (30) working days in the event of an injury to a bargaining unit member while serving at an assignment designated by a principal or illness leave shall commence on the first (1st) day of absence.
12.6.4 When a faculty member is absent from his/her duties on account surrogate or other DISTRICT management employee, when such injured Bargaining Unit Member is the victim of an unprovoked assault which results in criminal action taken against the attacker.
c. The DISTRICT has the right to have the Bargaining Unit Member examined by a physician designated by the DISTRICT to assist in determining the length of time during which the Bargaining Unit Member will be temporarily unable to perform assigned duties and the degree to which a disability is attributable to the injury or illness involved.
(1) For any days of absence from duty as a result of the same industrial accident or illness, he/she the Bargaining Unit Member shall be paid such portion endorse to the DISTRICT any wage loss benefit check from the DISTRICT's Workers Compensation Insurance Carrier which would make the total compensation from both sources exceed 100 percent of the amount the Bargaining Unit Member would have received as salary due him/her for any month in which the absence occurs as, when added to his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
12.6.5 Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity award.
12.6.6 When an had there been no industrial accident or illness leave overlaps into the next fiscal year, the unit member shall be entitled to only the amount of unused industrial accident or illness leave due him/her for the same illness or injuryillness.
12.6.7 Upon termination (2) If the Bargaining Unit Member fails to endorse to the DISTRICT any wage loss disability indemnity check received on account of the industrial accident or illness leaveas provided above, the unit member DISTRICT shall be entitled to deduct from the benefits provided in Education Code Sections 87780, 87781 and 87786, and for the purposes of each of these sections his/her absence shall be deemed to have commenced on the date of termination for the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability indemnity, he/she may elect to take as much of his/her accumulated sick leave which, when added to his/her temporary disability indemnity, will result in a payment to him/her of not more than his/her full salary.
12.6.8 During any paid leave of absenceBargaining Unit Member's salary warrant, the unit member may endorse to the District the temporary amount of such disability indemnity checks received on account of his/her industrial accident or illness. The District, in turn, shall issue the unit member appropriate salary warrants for payment of the unit member's salary, and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, to and retained by, the employee for periods covered by such salary warrants.
12.6.9 Any unit member receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California, unless the Governing Board authorizes travel outside the state.
12.6.10 When all available leaves of absence have been exhausted and the unit member is not medically able to return to all the duties of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absenceBargaining Unit Member.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents or illnesses that 10.9.1. Unit members are job- incurredentitled to industrial accident and illness leave in accordance with Education Code section 44984.
10.9.2. In order to be eligible for such leave, unit members shall be provided report work-related injuries or illnesses as soon as possible in writing on the District form designated for that purpose.
10.9.3. Prior to or during such leave, the Superintendent Chief Learning Officer or his/her designee may require verification by a District appointed physician of the need for and/or use of the leave benefits under at no cost to the following provisions:unit member.
12.6.1 Allowable 10.9.4. The leave shall be charged to Industrial Accident and Illness Leave. However, should it be determined by the District’s workers compensation insurance carrier that an illness or accident was not job related, the leave shall be charged to sick leave and extended sick leave, if applicable.
10.9.5. Such leave shall not exceed sixty (60) days during which the colleges schools of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one fiscal year for the same accident.
12.6.2 Allowable leave shall not be accumulated from year to year.
12.6.3 Industrial accident or illness leave shall commence on the first (1st) day of absence.
12.6.4 When a faculty member is absent from his/her duties on account of an industrial accident or illness, he/she shall .
10.9.6. The District may require a unit member on such leave to be paid such portion examined by a physician designated by the District to assist in determining the length of the salary due him/her for any month in time during which the absence occurs asunit member will be temporarily unable to perform assigned duties and the degree to which a disability is attributable to the claimed illness or injury.
10.9.7. Payment for wages lost on any day shall not, when added to his/her a temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Codeaward, will result in exceed a payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it shall not be less than the unit member's "average weekly earnings" ’s full salary as that phrase is utilized defined in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Education Code shall otherwise not be deemed applicablesection 44984(d).
12.6.5 10.9.8. Industrial illness and accident or illness leave shall will be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity award.
12.6.6 10.9.9. When an industrial accident or and illness leave overlaps into the next fiscal yearhas been exhausted, the unit members may use their sick leave. However, if a unit member is still receiving temporary disability indemnity, they shall be entitled to use only the amount of unused industrial accident or illness leave due him/her for the same illness or injury.
12.6.7 Upon termination of the industrial accident or illness leave, the unit member shall be entitled to the benefits provided in Education Code Sections 87780, 87781 and 87786, and for the purposes of each of these sections his/her absence shall be deemed to have commenced on the date of termination for the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability indemnity, he/she may elect to take as so much of his/her accumulated their sick leave which, when added to his/her temporary their disability indemnity, will result in a payment to him/her of not more than his/her their full salary.
12.6.8 During any paid leave of absence, the unit member may endorse to the District the temporary disability indemnity checks received on account of his/her 10.9.10. Unit members returning from industrial accident or illnessand illness leave shall be returned to a position for which they are credentialed and qualified. The District, in turn, shall issue If the unit member appropriate salary warrants for payment term of the unit member's salary, and shall deduct normal retirement, other authorized contributions, leave is within the same school year and the temporary disability indemnity, if any, actually paid to, and retained by, the employee for periods covered by such salary warrants.
12.6.9 Any unit member receiving benefits as a result of this section shall, during periods of injury or illness, remain is returning within the State of Californiasame school year, unless the Governing Board authorizes travel outside the state.
12.6.10 When all available leaves of absence have been exhausted and the unit member is not medically able they are entitled to return to all the duties of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absencepreviously held.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents or illnesses In addition to any other benefits that are job- incurredan employee may be entitled to under the Workers' Compensation laws of this state, unit members employees successfully completing their first probationary period shall be provided leave benefits under entitled to the following provisionsfollowing:
12.6.1 Allowable leave 12.5.1 An employee suffering an injury or illness arising out of and in the course and scope of his/her employment shall be entitled to not less than sixty (60) working days during which the colleges of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one fiscal year for the same accident.
12.6.2 Allowable accident or illness. This leave shall not be accumulated from year to year, and when any leave will overlap a fiscal year, the employee shall be entitled to only that amount remaining at the end of the fiscal year in which the injury or illness occurred.
12.6.3 Industrial 12.5.2 Payment for wages lost on any day shall not, when added to an award granted the employee under the Workers' Compensation laws of this state, exceed the normal wage for the day.
12.5.3 The industrial accident or illness leave shall commence on the first (1st) day is to be used in lieu of absence.
12.6.4 normal sick leave benefits. When a faculty member is absent from his/her duties on account of an entitlement to industrial accident or illnessillness leave under this section has been exhausted, entitlement to other sick leave, vacation, or other paid leave may be used. If, however, an employee is still receiving temporary disability payments under Workers' Compensation laws of this state at the time of the exhaustion of benefits under this section, he/she shall be paid such portion of the salary due him/her for any month in which the absence occurs as, when added to his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
12.6.5 Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity award.
12.6.6 When an industrial accident or illness leave overlaps into the next fiscal year, the unit member shall be entitled to use only the amount of unused industrial accident or illness leave due him/her for the same illness or injury.
12.6.7 Upon termination of the industrial accident or illness leave, the unit member shall be entitled to the benefits provided in Education Code Sections 87780, 87781 and 87786, and for the purposes of each of these sections his/her absence shall be deemed to have commenced on the date of termination for the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability indemnity, he/she may elect to take as so much of his/her accumulated and available normal sick leave and vacation leave which, when added to Workers' Compensation award, provides for a day's pay at the regular rate of pay.
12.5.4 Any time an employee on Industrial Accident or Illness Leave is able to return to work, he/she shall be reinstated in his/her temporary disability indemnity, will result in a payment to him/her position without loss of not more than his/her full salarypay or benefits.
12.6.8 During any paid leave of absence, the unit member may endorse to the District the temporary disability indemnity checks received on account of his/her industrial accident or illness. The District, in turn, shall issue the unit member appropriate salary warrants for payment of the unit member's salary, and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the employee for periods covered by such salary warrants.
12.6.9 Any unit member receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California, unless the Governing Board authorizes travel outside the state.
12.6.10 12.5.5 When all available leaves of absence have been exhausted and the unit member classified employee is not medically able to return to all assume the duties of his/her prior assignmentposition, he/she shall, if not placed in another position be placed on a reemployment list for a period of thirty-nine (39) months to be employed in a vacant position in the District shall provide first (1st) priority in assigning such a person into classes where class of his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualifiedprevious assignment. With mutual agreement with the unit member, the District may also assign An employee who fails to accept an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absenceappropriate assignment after being medically released shall be dismissed.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Industrial Accident and Illness Leave. 12.6.1 For accidents the purpose of this policy the term "duty" refers to all scheduled working days, including legal and Board-declared holidays, on which a Teacher is authorized to receive salary payment.
12.6.2 When a Teacher is absent from duties on account of an industrial accident or illnesses that are job- incurredillness, unit members the following shall be provided filed:
12.6.2.1 A Teacher absence form signed by the supervisor and accompanied by a statement from a licensed physician affirming that the industrial injury or illness does exist.
12.6.2.2 Teacher's report of accident form.
12.6.3 The above forms shall be initiated by the Teacher or designee. They shall be submitted within three (3) working days or, in the case of the incapacity of the Teacher, as soon as practical.
12.6.4 The term "qualifying for Worker's Compensation" presupposes that an accident report has been filed according to established District procedure. In the event of rejection of the claim, industrial accident leave benefits shall not apply.
12.6.5 Teachers who are absent from duty because of illness or injury resulting from industrial accident qualifying for worker's compensation are granted Industrial Accident Leave under the following provisionsconditions:
12.6.1 Allowable leave shall be 12.6.5.1 Industrial Accident Leave applies from the first day of such absence from duty to and including the last day of such absence from duty but not exceeding sixty (60) working days during which the colleges of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one fiscal year for the same industrial accident, provided, however, that upon application the Board may, in its sole discretion, grant additional days leave.
12.6.2 12.6.5.2 The amount of salary paid to such Teacher in any calendar month will be the salary he/she would have received had he/she not suffered the industrial accident or illness.
12.6.6 If the Teacher is still absent from duty as a result of such industrial accident, he/she shall then be entitled to the benefits provided by law and District policy for accrued sick leave, extended sick leave, and advanced sick leave, respectively.
12.6.7 For any days of absence from duty as a result of the same industrial accident where the Teacher receives salary payments under Industrial Accident Leave, the Teacher shall endorse to the District any wage loss benefit check which would make total compensation from both sources exceed 100 percent (100%) of the amount he/she would have received as salary had he/she not suffered the industrial accident or illness. It is the intent of this paragraph that the combination of District compensation and Industrial Accident Benefits shall not exceed 100 percent (100%) of the Teacher's salary.
12.6.8 Days of absence under Industrial Accident Leave shall not be deducted from the Teacher's sick leave accumulations, but the amount of Industrial Accident Leave shall be reduced by one day for each day of such authorized absence from duty regardless of a compensation award.
12.6.9 If an industrial accident absence beginning in one fiscal year extends into the next fiscal year, the Teacher shall be entitled in the new fiscal year for the same accident or illness only to the amount of unused Industrial Accident Leave remaining at the end of the fiscal year in which the industrial accident occurred.
12.6.10 Allowable leave Industrial Accident Leave shall not be accumulated from year to year.
12.6.3 Industrial accident 12.6.11 A Teacher who is eligible for reemployment and has been medically released for return to duties but fails to accept the same or illness leave shall commence on the first (1st) day of absence.
12.6.4 When a faculty member is absent from his/her duties on account of an industrial accident or illness, he/she equivalent assignment shall be paid such portion of the salary due him/her for any month in which the absence occurs as, when added to his/her temporary disability indemnity under Division 4 terminated or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in may request a payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
12.6.5 Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity award.
12.6.6 When an industrial accident or illness leave overlaps into the next fiscal year, the unit member shall be entitled to only the amount of unused industrial accident or illness leave due him/her for the same illness or injury.
12.6.7 Upon termination of the industrial accident or illness leave, the unit member shall be entitled to the benefits provided in Education Code Sections 87780, 87781 and 87786, and for the purposes of each of these sections his/her absence shall be deemed to have commenced on the date of termination for the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability indemnity, he/she may elect to take as much of his/her accumulated sick leave which, when added to his/her temporary disability indemnity, will result in a payment to him/her of not more than his/her full salary.
12.6.8 During any paid personal leave of absence, the unit member may endorse to the District the temporary disability indemnity checks received on account of his/her industrial accident or illness. The District, in turn, shall issue the unit member appropriate salary warrants for payment of the unit member's salary, and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the employee for periods covered by such salary warrantsabsence (Section 12.19.1.6).
12.6.9 Any unit member receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California, unless the Governing Board authorizes travel outside the state.
12.6.10 When all available leaves of absence have been exhausted and the unit member is not medically able to return to all the duties of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absence.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents 12.3.1 An employee suffering an injury or illnesses that are job- incurred, unit members illness arising out of and in the course and scope of his/her employment shall be provided entitled to a leave benefits under the following provisions:
12.6.1 Allowable leave shall be of up to sixty (60) working days during which the colleges of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one fiscal year for the same accident.
12.6.2 Allowable accident or illness. This leave shall not be accumulated from year to year, and when any leave will overlap a fiscal year, the employee shall be entitled to only that amount remaining at the end of the fiscal year in which the injury or illness occurred.
12.6.3 Industrial 12.3.2 Payment for wages lost on any day shall not, when added to an award granted the employee under the Worker’s Compensation laws of this State, exceed the normal wage for that day.
12.3.3 The industrial accident or illness leave shall commence on the first (1st) day is to be used in lieu of absence.
12.6.4 normal sick leave benefits. When a faculty member is absent from his/her duties on account of an entitlement to industrial accident or illnessillness leave under this Section has been exhausted, entitlement to other sick leave, vacation or other paid leave may then be used. If however, an employee is still receiving temporary disability payments under the Worker’s Compensation laws of this State at the time of exhaustion of benefits under this Section, he/she shall be paid such portion entitled to use only so much of the salary due himhis/her for any month in which the absence occurs asvacation leave, which, when added to his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) the Worker’s Compensation award provides for a day’s pay at the regular rate of the Labor Code, will result in a payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicablepay.
12.6.5 Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity award.
12.6.6 When 12.3.4 Any time an employee on industrial accident or illness leave overlaps into the next fiscal year, the unit member shall be entitled is able to only the amount of unused industrial accident or illness leave due him/her for the same illness or injury.
12.6.7 Upon termination of the industrial accident or illness leave, the unit member shall be entitled return to the benefits provided in Education Code Sections 87780, 87781 and 87786, and for the purposes of each of these sections his/her absence shall be deemed to have commenced on the date of termination for the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability indemnitywork, he/she may elect to take as much of shall be reinstated in his/her accumulated sick leave which, when added to his/her temporary disability indemnity, will result in a payment to him/her position without loss of not more than his/her full salarypay or benefits.
12.6.8 During any paid leave of absence, the unit member may endorse to the District the temporary disability indemnity checks received on account of his/her industrial accident or illness. The District, in turn, shall issue the unit member appropriate salary warrants for payment of the unit member's salary, and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the employee for periods covered by such salary warrants.
12.6.9 Any unit member receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California, unless the Governing Board authorizes travel outside the state.
12.6.10 12.3.5 When all available leaves of absence absence, paid or unpaid, have been exhausted and if the unit member employee is not medically able to return to all assume the duties of his/her prior assignmentthe employee’s position, the District employee shall, if not placed in another position be placed on a reemployment list for a period of thirty-nine (39) months. When available during the thirty-nine (39) month period, the employee shall provide first (1st) priority be employed in assigning such a person into classes where his/her disability, vacant position in the discretion classification of the Districtemployee’s previous assignment over all other available candidates. However, does not hinder when there is a reemployment list established because of a lack of work or a lack of funds, then the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement employee shall be listed in accordance with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absenceappropriate seniority.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents The following section describes the conditions under which an employee will be granted an industrial accident or illnesses that are job- incurred, unit members shall be provided leave benefits under the following provisionsillness leave:
12.6.1 1. Allowable industrial accident and illness leave shall in any one fiscal year for the same accident will be sixty (60) working days during which the colleges schools of the District are required to be in session or when the unit member employee would otherwise have been performing work for the District in any one fiscal year for the same accidentDistrict.
12.6.2 2. Allowable industrial accident and illness leave shall with pay will not be accumulated from year to year.
12.6.3 3. Industrial accident or illness leave shall will commence on the first (1st) day of absence.
12.6.4 When a faculty member is absent from 4. A doctor's statement may be required to verify inability of an employee to perform the duties of his/her duties on account of an industrial accident position or illness, he/she shall be paid such portion of the salary due him/her for any month in which the absence occurs as, when added to a temporary position designated by his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicablesupervisor.
12.6.5 Industrial 5. Authorized industrial accident or and illness leave shall will be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity awardabsence.
12.6.6 6. When an industrial accident or illness leave overlaps into the next fiscal year, the unit member shall employee will be entitled to only the amount of unused industrial accident or illness leave due him/her for the same illness or injury.
12.6.7 Upon 7. The employee on industrial accident or illness leave will be paid for up to sixty (60) working days at the same monthly rate that he/she earned while on the job. The employee in turn will endorse to the District the temporary disability checks received for that sixty (60) days on account of his/her industrial accident or illness.
8. At the termination of the allowable industrial accident or illness leave, the unit member shall be entitled to the benefits provided in Education Code Sections 87780, 87781 and 87786, and for the purposes of each of these sections his/her absence shall be deemed to have commenced on the date of termination for the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability indemnity, he/she employee may elect to take as much of his/her accumulated sick leave which, when added to his/her temporary disability indemnity, will result in a payment to him/her of not more than his/her full salary.
12.6.8 During any paid leave of absence, the unit member may endorse to the District the temporary disability indemnity checks received on account of his/her industrial accident or illness9. The District, in turn, shall issue the unit member appropriate salary warrants for payment of the unit member's salary, and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the Any employee for periods covered by such salary warrants.
12.6.9 Any unit member receiving benefits as a result of this section shallSection will, during periods of injury or illness, remain within the State of California, California unless the Governing Board authorizes travel outside the state.
12.6.10 When all available leaves of absence have been exhausted and 10. During the unit member time the employee is not medically able receiving industrial accident or illness benefits, he/she will continue to return earn sick leave.
11. If an employee requests to all the duties of terminate his/her prior assignmentemployment with the District, effective before the expiration of the sixty (60) days of industrial accident or illness leave, the leave benefits will end at the same date.
12. The same normal deductions will be made from checks received for industrial accident or illness pay from the District shall provide first as would be made from the employee's regular check.
13. Upon termination of the industrial accident or illness leave, the employee will be entitled to sick leave benefits in the following prescribed manner:
a. An employee eligible for industrial accident and illness leave will use the allowable sixty (1st60) priority in assigning such a person into classes where days first.
b. This employee will then use his/her disabilityaccumulated sick leave, in prorated to make a full day's pay when added to the discretion compensation check.
c. When the employee's accumulated sick leave is exhausted, he/she will receive the difference between his/her regular salary and the amount paid his/her substitute for the remainder of the District, does not hinder the performance five- (5) month period referred to above. This five- (5) month period starts after expiration of the duties required current year's allotment of himsick leave. At the end of this five- (5) month period, if the employee's accumulated sick leave has expired, the employee is placed on leave without pay.
d. The employee is charged for sick leave only when his/her if absence occurs on a day that he/she is otherwise qualified. With mutual agreement with the unit member, required to be on duty.
e. Employees will report all injuries and illness of an occupational nature to the District may also assign an employee into a position that can reasonably accommodate his/her performance management within twenty-four (24) hours of duties occurrence, regardless of whether or not medical attention is required by or time is lost from work.
14. Employees are entitled to all the position, despite his/her disability, prior provisions of the California Educational Code relating to the exhaustion of leave of absenceindustrial accidents or illness leaves.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Industrial Accident and Illness Leave.
A. For accidents or illnesses that which are job- incurredindustrially-caused, unit members shall be provided leave benefits under the following provisions:
12.6.1 1. Allowable leave shall be sixty (60) days during which the colleges schools of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one (1) fiscal year for the same accident.
12.6.2 2. Allowable leave shall not be accumulated from year to year.
12.6.3 3. Industrial accident or illness leave shall commence on the first (1st) day of absence.
12.6.4 4. When a faculty unit member is absent from his/her duties on account of due to an industrial accident or illness, he/she shall be paid such portion of the salary due him/her for any month in which the absence occurs as, when added to his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, section shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
12.6.5 5. Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity award.
12.6.6 6. When an industrial accident or illness leave overlaps into the next fiscal year, the unit member shall be entitled to only the amount of unused industrial accident or illness leave due him/her for the same illness or injury.
12.6.7 Upon 7. On termination of the industrial accident or illness leave, the unit member shall be entitled to the benefits provided in Education Code Sections 87780, 87781 and 87786, and for the purposes of each of these sections his/her absence shall be deemed to have commenced on the date of termination for of the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability disability indemnity, he/she may elect to take as much of his/her accumulated sick leave which, when added to his/her temporary disability indemnity, indemnity will result in a payment to him/her of not more than his/her full salary.
12.6.8 8. During any paid leave of absence, the unit member may endorse to the District the temporary disability indemnity checks received on account of due to his/her industrial accident or illness. The District, in turn, shall issue the unit member appropriate salary warrants for payment of the unit member's salary, and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the employee for periods covered by such salary warrants.
12.6.9 Any unit member receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California, unless the Governing Board authorizes travel outside the state.
12.6.10 When all available leaves of absence have been exhausted and the unit member is not medically able to return to all the duties of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absence.or
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents 7.6.1 An employee suffering injury or illnesses that are job- incurred, unit members illness arising out of and in the course and scope of his/her employment who cannot perform any other duties within the District as determined by the District’s physician shall be provided entitled to a leave benefits under the following provisions:
12.6.1 Allowable leave shall be of up to sixty (60) working days during which the colleges of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one fiscal year for the same accident.
12.6.2 Allowable accident or illness. This leave shall not be accumulated from year-to-year and when any leave will overlap a fiscal year, the employee shall be entitled to yearthat amount remaining at the end of the fiscal year in which the injury or illness occurred.
12.6.3 Industrial 7.6.2 Payment for wages lost on any day shall not, when added to an award granted the employee under workers’ compensation laws of this State, exceed the normal wage for that day.
7.6.3 The industrial accident or illness leave shall commence on the first (1st) day is to be used in lieu of absence.
12.6.4 normal sick leave benefits. When a faculty member is absent from his/her duties on account of an entitlement to industrial accident or illnessillness leave under this section has been exhausted, entitlement to other sick leave, vacation or other paid leave may then be used. If receiving temporary disability payments under the workers’ compensation laws of this State as benefits under this section, he/she shall be paid such portion of the salary due him/her for any month in which the absence occurs as, when added to his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
12.6.5 Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity award.
12.6.6 When an industrial accident or illness leave overlaps into the next fiscal year, the unit member shall be entitled to use only the amount of unused industrial accident or illness leave due him/her for the same illness or injury.
12.6.7 Upon termination of the industrial accident or illness leave, the unit member shall be entitled to the benefits provided in Education Code Sections 87780, 87781 and 87786, and for the purposes of each of these sections his/her absence shall be deemed to have commenced on the date of termination for the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability indemnity, he/she may elect to take as so much of his/her accumulated and available normal sick leave and vacation leave which, when added to the workers’ compensation award, provides for a day’s pay at the regular rate of pay.
7.6.4 At any time an employee on industrial accident or illness leave is able to return to work, he/she shall be reinstated in his/her temporary disability indemnityposition without loss of pay or benefits.
7.6.5 The employee shall make every effort to investigate, will result in a payment to him/her of not more than with his/her full salary.
12.6.8 During any paid leave of absencephysician and supervisor, the unit member may endorse to the District the temporary disability indemnity checks received duties which could safely be performed while on account of his/her industrial accident or illnessillness leave from their regular job classification. The District, in turn, Employees performing these duties shall issue the unit member appropriate salary warrants for payment receive their regular hourly rate of the unit member's salary, and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the employee for periods covered by such salary warrantspay.
12.6.9 Any unit member receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California, unless the Governing Board authorizes travel outside the state.
12.6.10 7.6.6 When all available leaves of absence absence, paid or unpaid, have been exhausted and if the unit member employee is not medically able to return to all assume the duties of his/her prior assignmentposition, he/she shall, if not placed in another position, be placed on a re-employment list for a period of thirty-nine (39) months. During the District thirty-nine month period, he/she shall provide first (1st) priority be employed in assigning such a person into vacant position when one is available in all classes where of his/her disabilityprevious assignment over all other available candidates, except for a re-employment list established because of lack of work or lack of funds, in the discretion of the District, does not hinder the performance of the duties required of him/her if which case he/she is otherwise qualified. With mutual agreement shall be listed in accordance with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absenceappropriate seniority regulations.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents (Workers Compensation)
10.8.1 Leave of absence is provided, in accordance with provisions of Education Code Section 44984 as provided herein. In all cases of industrial accident and illness, the employee shall notify the site administrator immediately when an injury or illnesses that are job- incurred, unit members shall be provided illness arises out of and in the course of employment. The provisions of allowable leave benefits under include the following provisions:
12.6.1 10.8.1.1 Allowable leave shall be sixty (60) for not less than 60 days during which the colleges schools of the District are required to be in session or when the unit member employee would otherwise have been performing work for the District in any one fiscal year for the same accident.
12.6.2 10.8.1.2 Allowable leave shall not be accumulated from year to year.
12.6.3 10.8.1.3 Industrial accident or illness leave shall commence on the first (1st) day of absence.
12.6.4 10.8.1.4 When a faculty member an employee is absent from his/her for duties on account of an industrial accident or illness, he/she the employee shall be paid such portion of the salary due him/her for any month in which the absence occurs as, when added to his/her any temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her the employee's full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
12.6.5 10.8.1.5 Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity award.
12.6.6 10.8.1.6 When an industrial accident or illness leave overlaps into the next fiscal year, the unit member employee shall be entitled to only the amount of unused industrial accident or illness leave due him/her for the same illness or injury.
12.6.7 10.8.2 Upon termination of the industrial accident or illness leave, the unit member employee shall be entitled to the benefits as provided in Education Code Sections 87780section 1 herein. For the purpose of this provision, 87781 and 87786, and for the purposes of each of these sections his/her absence shall be deemed to have commenced on the date of termination for of the industrial accident or illness leave, provided that if the unit member employee continues to receive temporary dis- ability disability indemnity, he/she may elect to take as much of his/her their accumulated sick leave which, when added to his/her any temporary disability indemnity, will result in a payment to him/her of not more than his/her the employee's full salary.
12.6.8 10.8.3 Upon termination of the industrial accident or illness leave, the employee shall be entitled to the benefits provided in Education Code Sections 44977, 44978, 44983. This allows the employee to utilize, in the current year, ten (10) days of sick leave and then allows for a five (5) school month leave. The employee would use accumulated sick leave during this time. When the accumulated sick leave is exhausted, the employee would be entitled to substitute differential pay.
10.8.4 During any paid leave of absence, the unit member employee may endorse to the District the temporary disability indemnity checks received on account of his/her the industrial accident or illness. The District, in turn, shall issue the unit member employee appropriate salary warrants for payment of the unit memberemployee's salary, salary and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, to and retained by, by the employee for periods covered by such salary warrants.
12.6.9 10.8.5 Any unit member employee receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California, California unless the Governing Board governing board authorizes travel outside the state.
12.6.10 When all available leaves 10.8.5.1 The total of absence have been exhausted the Employee’s temporary disability indemnity and the unit member is not medically portion salary due to the Employee during such absence shall equal his/her full salary.
10.8.5.2 An Employee shall be deemed to have recovered from an industrial accident or illness and thereby able to return to all work, at such time as the duties Employee’s physician verifies that the Employee is fully capable of his/her prior assignmentperforming job requirements. At the Employer’s cost, the District shall provide first (1st) priority in assigning such Employer has the option to select a person into classes where his/her disability, in physician of its choice to certify that the discretion employee is fully capable of the District, does not hinder performing job responsibilities.
10.8.5.3 An industrial accident or illness is defined as an injury or illness whose cause can be traced to the performance of duties on the duties required job and as adjudged under the provisions of him/her if he/she is otherwise qualifiedthe State Worker’s Compensation Insurance Law.
10.8.5.4 The Employer’s report of an industrial accident or illness shall be kept on file in the Human Resources Dept. With mutual agreement with the unit memberoffice. The Director shall be notified of any accident or illness within twenty-four (24) hours of such incident.
10.8.5.5 The benefits provided in this paragraph are in addition to sick leave benefits. Accordingly, the District Employer shall not deduct accumulated sick leave from the sick leave allotment of an Employee who is absent as the result of an industrial accident or illness.
10.8.5.6 An Employee on such leave will be entitled to paid fringe benefits for a period of time not to exceed one (1) calendar year from the date of accident or illness. Thereafter, the Employee may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by elect to continue in all group benefits plans at the position, despite his/her disability, prior to the exhaustion of leave of absenceEmployee’s cost.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents a. Bargaining Unit members will be entitled to industrial accident leave according to the provisions of the Education Code for personal injury or illnesses that are job- incurred, unit members shall be provided leave benefits illness which has qualified for worker's compensation under the following provisions:provisions of the Compensation Insurance Fund.
12.6.1 Allowable b. Such leave shall be not exceed sixty (60) days during which the colleges schools of the District DISTRICT are required to be in session or when the bargaining unit member would otherwise have been performing work for the District DISTRICT in any one fiscal year for the same industrial accident.
12.6.2 Allowable (1) After sixty (60) days, if the bargaining unit member is still absent from duty as a result of such industrial accident leave, he/she shall then be entitled to other leave shall not benefits for which he/she may be accumulated from year to yeareligible.
12.6.3 Industrial (2) The BOARD shall consider an extension of industrial accident leave with pay for an additional thirty (30) working days in the event of an injury to a bargaining unit member while serving at an assignment designated by a principal or illness leave shall commence on the first (1st) day of absence.
12.6.4 When a faculty member is absent from his/her duties on account surrogate or other DISTRICT management employee, when such injured bargaining unit member is the victim of an unprovoked assault which results in criminal action taken against the attacker.
c. The DISTRICT has the right to have the bargaining unit member examined by a physician designated by the DISTRICT to assist in determining the length of time during which the bargaining unit member will be temporarily unable to perform assigned duties and the degree to which a disability is attributable to the injury or illness involved.
(1) For any days of absence from duty as a result of the same industrial accident or illness, he/she the bargaining unit member shall be paid such portion endorse to the DISTRICT any wage loss benefit check from the DISTRICT's Workers Compensation Insurance Carrier which would make the total compensation from both sources exceed 100 percent of the amount the bargaining unit member would have received as salary due him/her for any month in which the absence occurs as, when added to his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
12.6.5 Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity award.
12.6.6 When an had there been no industrial accident or illness leave overlaps into illness.
(2) If the next fiscal year, the bargaining unit member shall be entitled fails to only endorse to the amount of unused industrial accident or illness leave due him/her for the same illness or injury.
12.6.7 Upon termination DISTRICT any wage loss disability indemnity check received on account of the industrial accident or illness leaveas provided above, the unit member DISTRICT shall be entitled to deduct from the benefits provided in Education Code Sections 87780, 87781 and 87786, and for the purposes of each of these sections his/her absence shall be deemed to have commenced on the date of termination for the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability indemnity, he/she may elect to take as much of his/her accumulated sick leave which, when added to his/her temporary disability indemnity, will result in a payment to him/her of not more than his/her full salary.
12.6.8 During any paid leave of absence, the unit member may endorse to the District the temporary disability indemnity checks received on account of his/her industrial accident or illness. The District, in turn, shall issue the unit member appropriate salary warrants for payment of the bargaining unit member's salarysalary warrant, and shall deduct normal retirement, other authorized contributions, and the temporary amount of such disability indemnity, if any, indemnity actually paid to, to and retained by, by the employee for periods covered by such salary warrants.
12.6.9 Any unit member receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California, unless the Governing Board authorizes travel outside the state.
12.6.10 When all available leaves of absence have been exhausted and the unit member is not medically able to return to all the duties of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the bargaining unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absence.
Appears in 3 contracts
Samples: Negotiated Contract, Negotiated Contract, Negotiated Contract
Industrial Accident and Illness Leave. For accidents or illnesses that are job- incurred
13.10.1 Pursuant to the provisions of California Education Code Section 44984, a unit members member who has been continuously employed in the Elk Grove Unified School District shall be provided a partially paid leave benefits of absence for industrial accident or illness under the following provisionsrules and regulations:
12.6.1 13.10.2 The accident or illness must have arisen out of and in the course of the employment of the employee and must be accepted as a bona fide injury or illness arising out of and in the course of employment by the State Compensation Insurance Fund.
13.10.3 Allowable leave for each industrial accident or illness shall be for the number of days of temporary disability but may not exceed sixty (60) working days during which the colleges of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one fiscal year for the same accident(1) year.
12.6.2 13.10.4 Allowable leave shall not be accumulated from year to year.
12.6.3 Industrial accident or illness 13.10.5 The leave under these rules and regulations shall commence on the first (1st) day of the absence.
12.6.4 When a faculty member is absent from his/her duties on account of an industrial accident or illness, he/she shall be paid such portion of the salary due him/her for any month in which the absence occurs as, when added to his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
12.6.5 13.10.6 Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity award.
12.6.6 13.10.7 When an industrial accident or illness leave overlaps into the next fiscal year, the unit member employee shall be entitled to only the amount of unused industrial accident or illness leave due him/her for the same illness or injury.
12.6.7 Upon termination 13.10.8 When a person is absent from his/her duties on account of the industrial accident or illness leave, the unit member shall be entitled to the benefits provided in Education Code Sections 87780, 87781 and 87786, and for the purposes of each of these sections his/her absence shall be deemed to have commenced on the date of termination for the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability indemnityillness, he/she may elect to take as much shall be paid such portion of histhe salary due him/her accumulated sick leave whichfor any month in which absence occurs, as when added to his/her temporary disability indemnityindemnity under Division 4 or Division 4.5 of the Labor Code, will result in a payment to him/her of not more than his/her full salary.
12.6.8 . During any paid leave of absence, the unit member may employee shall endorse to the District district the temporary disability indemnity checks check received on account of his/her industrial accident or illness. The Districtdistrict, in turn, shall issue the unit member employee appropriate salary warrants for payment of the unit memberemployee's salary, salary and shall deduct normal retirement, retirement and other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the employee for periods covered by such salary warrants.
12.6.9 13.10.9 The benefits provided by these rules and regulations shall be applicable to all employees immediately upon becoming an employee of the district.
13.10.10 Any unit member employee receiving benefits as a result of this section these rules and regulations shall, during periods period of injury or illness, remain within the State of California, California unless the Governing Board authorizes travel outside the state.
12.6.10 When all available leaves 13.10.11 Upon termination of absence have been exhausted the industrial accident or illness leave, the employee shall be entitled to the benefits provided for sick leave (Education Code Sections 44977, 44978, 44983) and the unit member is not medically able to return to all the duties of his/her prior assignment, the District shall provide first (1st) priority in assigning absence for such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absencepurpose.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents or illnesses that are job- incurred14.5.1 A bargaining unit member, unit members upon the first day of service, shall be provided entitled to an industrial accident or industrial illness leave benefits under the following provisions:
12.6.1 Allowable leave shall be of absence, not to exceed sixty (60) working days during which the colleges of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one fiscal year for the same accident.
12.6.2 Allowable leave shall not be accumulated from year to year.
12.6.3 Industrial 14.5.2 An industrial accident or illness leave shall commence on the first (1st) day of absence and shall be reduced by one (1) work day for each day of authorized absence. When such leave overlaps into the next fiscal year, the unit member shall be entitled to only the amount of unused leave due for the same continuing illness or injury.
12.6.4 When a faculty 14.5.3 A unit member is absent from his/her duties on account as a result of an industrial accident or illness, he/she illness shall be paid such portion of the salary due him/her for any month in which the absence occurs as, as when added to his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
12.6.5 Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity award.
12.6.6 When an industrial accident or illness leave overlaps into the next fiscal year, the unit member shall be entitled to only the amount of unused industrial accident or illness leave due him/her for the same illness or injury.
12.6.7 Upon termination of the industrial accident or illness leave, the unit member shall be entitled to the benefits provided in Education Code Sections 87780, 87781 and 87786, and for the purposes of each of these sections his/her absence shall be deemed to have commenced on the date of termination for the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability indemnity, he/she may elect to take as much of his/her accumulated sick leave which, when added to his/her temporary disability indemnity, will result in a payment to him/her of not more than his/her full salary.
12.6.8 During any paid leave of absence, the unit member may shall endorse to the District the temporary disability indemnity checks received on account of his/her industrial accident or illness. The District, in turn, shall issue the unit member appropriate salary warrants for payment of the unit member's salary, ’s salary and shall deduct normal retirement, retirement and other authorized contributions.
14.5.4 Upon termination of the industrial accident or illness leave, a unit member shall be entitled to the sick leave benefits provided and for the purpose of this section his/her absence shall be deemed to have commenced on the date of termination of the industrial accident leave (provided that an employee who continues to receive temporary disability indemnity, if any, actually paid to, and retained by, the employee for periods covered by such salary warrantsindemnity will not receive payment of more than his/her full salary).
12.6.9 Any 14.5.5 A unit member receiving the benefits as a result of this section such leave shall, during periods of injury or illness, remain within the State of California, California unless otherwise authorized by the Governing Board authorizes travel outside the stateBoard.
12.6.10 14.5.6 Allowable industrial accident and illness leave shall not be accumulated from year to year.
14.5.7 When all available leaves a dispute arises regarding an industrial accident or illness, no leave shall be granted until a determination has been made regarding the case by the State Compensation Office or the Appeals Board. While this dispute is pending, sick leave benefits as prescribed in this Agreement shall be provided by the School District. The benefits provided in this leave are in addition to sick leave benefits. Accordingly, the Board shall not deduct accumulated sick leave from the sick leave allotment of absence have been exhausted and the a unit member who is not medically able absent as the result of an industrial accident or illness. An employee shall be permitted to return to all service after an industrial accident or illness only upon the duties presentation of a release from the authorized Worker’s Compensation physician certifying the employee’s ability to return to his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior classification without restrictions or detriment to the exhaustion of leave of absenceemployee’s physical and emotional well-being.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents 30.1 A unit member who has been regularly employed as a part of the classified service of the District for one (1) year and who is entitled to compensation insurance benefits due to injury or illnesses that are job- incurredillness incurred while engaged in lawfully assigned functions or activities as a District employee, unit members shall be provided allowed industrial accident or illness leave benefits under subject to the following provisionsconditions:
12.6.1 Allowable 30.1.1 The accident or illness must have arisen directly out of and in the course of employment by the District, and must have been reported and verified according to administrative regulations, and must be accepted by the District’s workers compensation insurance carrier as a bona fide injury or illness arising out of and in the course of employment.
30.1.2 The number of days of industrial accident or illness leave during any school year shall be not exceed sixty (60) days during which the colleges of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one fiscal year for the same accident.
12.6.2 Allowable leave shall not be accumulated from year to year.
12.6.3 Industrial accident or illness leave shall commence on the first (1st) day of absence.
12.6.4 When a faculty member is absent from his/her duties on account of an industrial accident or illness, he/she shall be paid such portion exclusive of the salary due him/her for any month in which the absence occurs asSaturdays, Sundays, and legal holidays, excepting that when added to his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
12.6.5 Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity award.
12.6.6 When an industrial accident or illness leave overlaps into the next fiscal succeeding school year, the unit member shall be entitled to only the amount balance of unused industrial accident or illness leave time due him/her for the same illness injury or injuryillness.
12.6.7 Upon termination of the industrial accident 30.1.3 Leave benefits shall not be applied retroactively to an injury or illness occurring prior to employment with the District.
30.1.4 Leave shall commence on the first day of absence, and the amount of allowable leave shall be reduced by one day for each day of absence authorized by said leave, .
30.1.5 A unit member absent because of injury or illness that arose out of and in the course of employment. and for which the unit member is receiving temporary disability benefits under state law, shall not be entitled to receive wages or salary from the benefits provided in Education Code Sections 87780, 87781 and 87786, and for the purposes of each of these sections his/her absence shall be deemed to have commenced on the date of termination for the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability indemnity, he/she may elect to take as much of his/her accumulated sick leave District which, when added to the temporary disability benefits, will exceed his/her temporary disability indemnity, will result in normal wages or salary for a payment to him/her full day or full month of not more than his/her full salaryservice.
12.6.8 30.1.6 During any such paid leave of absence, the unit member may shall endorse to the District the temporary disability indemnity checks received under state law on account of his/her industrial accident or illness. The DistrictDistrict shall, in turn, shall issue make necessary adjustments for issuance to the unit member of appropriate salary warrants for payment of the unit member's ’s salary, and shall deduct normal retirement, withholding tax and other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the employee for periods covered by such salary warrants.
12.6.9 Any unit member receiving benefits 30.2 Available leave shall not accumulate from year to year.
30.3 The period of the leave shall not be considered as a result break in service of this section shall, during periods of injury or illness, remain within the State of California, unless the Governing Board authorizes travel outside the state.
12.6.10 When all available leaves of absence have been exhausted and the unit member is not medically able to return to all the duties of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absence.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents or illnesses that are job- incurred, unit members Employees shall be entitled to industrial accident and illness leave as provided leave benefits under for below provided the following provisions:
12.6.1 Allowable leave shall be sixty (60) days during which employee has promptly reported the colleges of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one fiscal year for the same accident.
12.6.2 Allowable leave shall not be accumulated from year to year.
12.6.3 Industrial on-the-job accident or illness leave shall commence on as soon as evidenced, has consulted his/her previously designated personal physician or a District- approved doctor, has obtained the first (1st) day attending physician’s authorization to be off work, and has otherwise complied with the District’s administrative procedures for the processing of absencesuch claims.
12.6.4 1. When a faculty member unit employee is necessarily absent from his/her duties on account of an industrial accident or illness, he/she such employee shall be paid such portion of the salary due him/her the employee for any month in which the absence occurs as, when added to his/her employee’s temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her the employee of not more than his/her full salary. The phrase, "term “full salary," ” as utilized in this section, used herein shall be computed so that it shall not be less than the unit member's "employee’s “average weekly earnings" ” as that phrase is utilized used in Section 4453 of the Labor Code. For purposes of this sectionSection, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
12.6.5 Industrial accident or illness 2. Such leave shall be reduced by one granted for up to sixty (60) days in any one
(1) day fiscal year for each day the same accident during such times that the schools of authorized absence regardless of a temporary disability indemnity awardthe District are required to be in session or when the employee would otherwise have been performing work for the District.
12.6.6 3. Allowable leave shall not be accumulated from fiscal year to fiscal year. When an industrial accident or illness leave overlaps into the next fiscal year, the unit member employee shall be entitled to only the amount of unused industrial accident or illness leave due him/her for the same illness or injury.
12.6.7 4. Pay for industrial accident and illness leave shall commence on the first day of absence; provided however that the District shall recoup from the employee any benefits provided hereunder if it is subsequently determined by competent legal authority that the employee had not been entitled to such benefits.
5. Upon termination of the sixty (60) days of industrial accident or illness leave, the unit member employee shall be entitled to the benefits provided in Education Code Sections 87780Codes 44977, 87781 44978, and 8778644983, and for the purposes of each of these sections sections, his/her absence shall be deemed to have commenced on the date of termination for of the sixty (60) day industrial accident or illness leave, provided that if the unit member employee continues to receive temporary dis- ability disability indemnity, he/she may elect to take as much of his/her accumulated sick leave which, when added to his/her temporary disability indemnity, will result in a payment to him/her of not more than his/her full salary.
12.6.8 During any paid leave of absence, the unit member may endorse to the District the temporary disability indemnity checks received on account of his/her industrial accident or illness6. The District, in turn, shall issue the unit member appropriate salary warrants for payment of the unit member's salary, and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the Any employee for periods covered by such salary warrants.
12.6.9 Any unit member receiving benefits as a result of under this section Section shall, during periods of injury or illness, remain within the State of California, California unless the Governing Board District authorizes travel outside the state.
12.6.10 When all available leaves of absence have been exhausted and the unit member is not medically able to return to all the duties of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absence.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents or illnesses that are job- incurred, unit members shall be provided leave benefits under the following provisions:
12.6.1 Allowable leave shall be sixty (60) days during which the colleges of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one fiscal year for the same accident.
12.6.2 Allowable leave shall not be accumulated from year to year.
12.6.3 Industrial 1. An industrial accident or illness leave shall commence on which arises out of and in the first course of the employment relationship is covered by workers’ compensation insurance. A bargaining unit member who has a pre-existing condition that is aggravated or accelerated by the workplace is also covered. (1st) day of absenceBP/AR 4157.
12.6.4 1) When a faculty bargaining unit member is absent from his/her duties on account because of an industrial accident or illness, he/she shall be paid such portion entitled to the following benefits, effective on the first day of absence.
a. Pursuant to Education Code section 44984, allowable industrial accident leave for bargaining unit members shall be up to sixty (60) working days in any one (1) fiscal year for the salary due him/her same accident. Allowable leave shall not be accumulative from year to year. Industrial accident leave will commence on the first day of absence.
b. Payment for wages lost on any month in which the absence occurs asday shall, when added to an award granted the bargaining unit member under the Workers' Compensation laws of this State, equal his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of regular salary for the Labor Code, will result in a payment day.
c. A bargaining unit member may return to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
12.6.5 Industrial position following an industrial accident or illness leave at such time as his/her physician determines that there has been sufficient recovery time.
d. The District shall not deduct from the accumulated sick leave allotment of a bargaining unit member who is absent as the result of an industrial accident or illness.
e. Industrial accident leave will be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity awardcompensation award made under Workers' Compensation.
12.6.6 f. When an industrial accident or illness leave overlaps into the next fiscal year, the bargaining unit member shall be entitled to only carry over to the next fiscal year the amount remaining at the end of unused industrial accident the fiscal year in which the injury or illness leave due him/her occurred, for the same illness or injury.
12.6.7 Upon termination of the industrial accident or illness g. During such leave, the bargaining unit member shall be entitled to the benefits provided in Education Code Sections 87780, 87781 and 87786, and for the purposes of each of these sections his/her absence shall be deemed to have commenced on the date of termination for the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability indemnity, he/she may elect to take as much of his/her accumulated sick leave which, when added to his/her temporary disability indemnity, will result in a payment to him/her of not more than his/her full salary.
12.6.8 During any paid leave of absence, the unit member may endorse to the District the temporary disability indemnity checks received on account as Workers' Compensation because of his/her industrial accident illness or illnessaccident. The District, in turn, shall issue the bargaining unit member appropriate salary warrants for a payment of the unit member's salary, his/her salary and shall deduct normal retirement, retirement and other authorized contributions, contributions and the temporary disability indemnity, if any, actually paid to, and retained by, the employee for periods covered by such salary warrantsdeductions.
12.6.9 Any h. A bargaining unit member receiving industrial illness or accident benefits as a result of this section shall, during periods the period of injury illness or illnessinjury, remain within the State of California, unless the Governing Board Superintendent or Designee authorizes travel outside the stateState.
12.6.10 When all available leaves 2. The District may provide for such additional leave of absence for industrial accident or illness as it deems appropriate.
3. Days of absence because of industrial accident and/or illness shall not have been exhausted and the adverse effect on a bargaining unit member is not medically able relative to return to all the duties attainment of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of tenure or advancement on the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified's salary schedule.
4. With mutual agreement Bargaining unit members on industrial accident and illness leave shall continue to be provided with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance full range of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absencefringe benefits as provided in this Agreement.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents or illnesses that are job- incurred13.10.1 Pursuant to the provisions of California Education Code Section 44984, a unit members member who has been continuously employed in the Elk Grove Unified School District shall be provided a partially paid leave benefits of absence for industrial accident or illness under the following provisionsrules and regulations:
12.6.1 13.10.2 The accident or illness must have arisen out of and in the course of the employment of the employee and must be accepted as a bona fide injury or illness arising out of and in the course of employment by the State Compensation Insurance Fund.
13.10.3 Allowable leave for each industrial accident or illness shall be for the number of days of temporary disability but may not exceed sixty (60) working days during which the colleges of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one fiscal year for the same accident(1) year.
12.6.2 13.10.4 Allowable leave shall not be accumulated from year to year.
12.6.3 Industrial accident or illness 13.10.5 The leave under these rules and regulations shall commence on the first (1st) day of the absence.
12.6.4 When a faculty member is absent from his/her duties on account of an industrial accident or illness, he/she shall be paid such portion of the salary due him/her for any month in which the absence occurs as, when added to his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
12.6.5 13.10.6 Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity award.
12.6.6 13.10.7 When an industrial accident or illness leave overlaps into the next fiscal year, the unit member employee shall be entitled to only the amount of unused industrial accident or illness leave due him/her for the same illness or injury.
12.6.7 Upon termination 13.10.8 When a person is absent from his/her duties on account of the industrial accident or illness leave, the unit member shall be entitled to the benefits provided in Education Code Sections 87780, 87781 and 87786, and for the purposes of each of these sections his/her absence shall be deemed to have commenced on the date of termination for the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability indemnityillness, he/she may elect to take as much shall be paid such portion of histhe salary due him/her accumulated sick leave whichfor any month in which absence occurs, as when added to his/her temporary disability indemnityindemnity under Division 4 or Division 4.5 of the Labor Code, will result in a payment to him/her of not more than his/her full salary.
12.6.8 . During any paid leave of absence, the unit member may employee shall endorse to the District district the temporary disability indemnity checks check received on account of his/her industrial accident or illness. The Districtdistrict, in turn, shall issue the unit member employee appropriate salary warrants for payment of the unit memberemployee's salary, salary and shall deduct normal retirement, retirement and other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the employee for periods covered by such salary warrants.
12.6.9 13.10.9 The benefits provided by these rules and regulations shall be applicable to all employees immediately upon becoming an employee of the district.
13.10.10 Any unit member employee receiving benefits as a result of this section these rules and regulations shall, during periods period of injury or illness, remain within the State of California, California unless the Governing Board authorizes travel outside the state.
12.6.10 When all available leaves 13.10.11 Upon termination of absence have been exhausted the industrial accident or illness leave, the employee shall be entitled to the benefits provided for sick leave (Education Code Sections 44977, 44978, 44983) and the unit member is not medically able to return to all the duties of his/her prior assignment, the District shall provide first (1st) priority in assigning absence for such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absencepurpose.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents 2 15.1 Unit employees who sustain an injury or illnesses that are job- incurred, unit members illness arising directly out of and in the 3 course and scope of their employment shall be provided eligible for a maximum of four- 4 hundred and eighty (480) hours paid leave benefits under the following provisions:
12.6.1 Allowable leave shall be sixty (60) days during which the colleges of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one (1) fiscal year for the same accident.
12.6.2 Allowable year. This leave 5 shall not be accumulated from year to year.
12.6.3 . Industrial accident or illness leave 6 shall commence on the first (1st) day of absence.
12.6.4 When . At the request of the District, the 7 employee shall be examined by a faculty member is absent from his/her duties physician designated by the District at District 8 expense to determine: (a) whether or not the employee has sustained an injury 9 or illness, (b) the extent of the disability, and (c) the length of time during which 10 the employee will be disabled. Based on account the examination of the physician, report of the immediate manager, and report of the employee, the District shall determine the employee’s eligibility for an industrial accident or illness leave.
12 15.2 A unit employee who has sustained an alleged job-related injury shall report the 13 injury on a District-approved accident report form within twenty-four (24) hours to 14 the immediate manager. An employee shall report any illness on a District- 15 approved form to the immediate manager within twenty-four (24) hours of 16 knowledge that the illness is an alleged industrial illness, he/she .
17 15.3 Payment for wages lost on any day shall be paid such portion of the salary due him/her for any month in which the absence occurs asnot, when added to his/her temporary disability indemnity an award granted 18 under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes Workers’ Compensation Laws of this sectionState, however, exceed the maximum and minimum average weekly earnings set forth in Section 4453 of normal wage 19 for the Labor Code shall otherwise not be deemed applicable.
12.6.5 day. Industrial accident or and illness leave shall will be reduced by one (1) day 20 for each day of authorized absence absence, regardless of a temporary disability indemnity award.
12.6.6 compensation award made 21 under the Workers’ Compensation Laws. When an industrial accident or illness leave overlaps 22 occurs at a time when the full four-hundred and eighty (480) hours will overlap 23 into the next fiscal year, the unit member employee shall be entitled to only that amount 24 remaining at the amount end of unused the fiscal year in which the industrial accident injury or illness leave due him/her 25 occurred, for the same illness or injury.
12.6.7 Upon termination 26 15.4 Unit employees shall be required to serve or have served as a regular classified 27 employee of the District in a paid status continuously for a period of six (6) 28 months, to be eligible for industrial accident or illness leave. If and when the District 29 requires pre-employment physical examinations, the unit member this six (6) months eligibility 30 requirement will be deleted. Nothing in this Article (15.4) shall be entitled subject to the benefits provided grievance procedure as set forth in Education Code Sections 87780, 87781 and 87786, and for the purposes of each of these sections his/her absence shall be deemed to have commenced on the date of termination for the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability indemnity, he/she may elect to take as much of his/her accumulated sick leave which, when added to his/her temporary disability indemnity, will result in a payment to him/her of not more than his/her full salary.
12.6.8 During any paid leave of absence, the unit member may endorse to the District the temporary disability indemnity checks received on account of his/her industrial accident or illness. The District, in turn, shall issue the unit member appropriate salary warrants for payment of the unit member's salary, and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the employee for periods covered by such salary warrants.
12.6.9 Any unit member receiving benefits as a result Article 4 of this section shall, during periods of injury or illness, remain within the State of California, unless the Governing Board authorizes travel outside the stateAgreement.
12.6.10 When all available leaves of absence have been exhausted and the unit member is not medically able to return to all the duties of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absence.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Industrial Accident and Illness Leave.
A. For accidents or illnesses that which are job- incurredindustrially-caused, unit members shall be provided leave benefits under the following provisions:
12.6.1 1. Allowable leave shall be sixty (60) days during which the colleges schools of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one (1) fiscal year for the same accident.
12.6.2 2. Allowable leave shall not be accumulated from year to year.
12.6.3 3. Industrial accident or illness leave shall commence on the first (1st) day of absence.
12.6.4 4. When a faculty unit member is absent from his/her duties on account of due to an industrial accident or illness, he/she shall be paid such portion of the salary due him/her for any month in which the absence occurs as, when added to his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, section shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
12.6.5 5. Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity award.
12.6.6 6. When an industrial accident or illness leave overlaps into the next fiscal year, the unit member shall be entitled only to only the amount of unused industrial accident or illness leave due him/her for the same illness or injury.
12.6.7 Upon termination 7. Termination of the industrial accident or illness leave, the unit member shall be entitled to the benefits provided in Education Code Sections 87780, 87781 and 87786, and for the purposes of each of these sections his/her absence shall be deemed to have commenced on the date of termination for of the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability disability indemnity, he/she may elect to take as much of his/her accumulated sick leave which, when added to his/her temporary disability indemnity, will result in a payment to him/her of not more than his/her full salary. (See Sick Leave, Article XVIII-A, Section 1).
12.6.8 8. During any paid leave of absence, the unit member may will endorse to the District the temporary disability indemnity checks received on account due to of his/her industrial accident or illness. The District, in turn, shall issue the unit member appropriate salary warrants for payment of the unit member's ’s salary, and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the employee for periods covered by such salary warrants.
12.6.9 Any unit member receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California, unless the Governing Board authorizes travel outside the state.
12.6.10 9. When all available leaves of absence have been exhausted and the unit member is not medically able to return to all the duties of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement will meet with the unit membermember to discuss accommodations as required by state and federal law. If the District cannot provide a reasonable accommodation, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by unit member will be separated from the position, despite his/her disability, prior to the exhaustion of leave of absenceDistrict.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents 18.8.1 The District’s liability for industrial accident or illnesses that are job- incurred, unit members shall be provided leave benefits under illness is hereby limited to the following provisions:provisions of Section 44984 of the Education Code.
12.6.1 Allowable 18.8.1.1 Such leave shall be not exceed sixty (60) working days during which the colleges of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one fiscal year for the same accident.
12.6.2 18.8.1.2 Allowable leave shall not be accumulated from year to year.
12.6.3 18.8.1.3 Industrial accident or illness leave shall commence be commenced on the first (1st) day of absence.
12.6.4 18.8.1.4 When a faculty unit member is absent from his/her duties on account of an industrial accident or illness, he/she shall be paid such portion of the salary due him/her for any month in which the absence occurs as, when added to his/her temporary disability indemnity under Division 4 or of Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her full salary. The phrase, "full salary," salary as utilized in this section, shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor defined by Education Code shall otherwise not be deemed applicablesection 44984.
12.6.5 18.8.1.5 Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity award.
12.6.6 18.8.1.6 When an industrial accident or illness leave overlaps into the next fiscal year, the unit member shall be entitled to only the amount of unused industrial accident or illness leave due him/her for the same illness or injury.
12.6.7 18.8.1.7 Upon termination of the industrial accident or illness leave, the unit member shall be entitled to the benefits provided in Education Code Sections 87780, 87781 and 87786, and for the purposes of each of these sections his/her absence shall be deemed to have commenced on the date of termination for the industrial accident or illness use any accumulated sick leave, provided that if the unit member continues to receive temporary dis- ability disability indemnity, he/she may elect to take as much of his/her accumulated sick leave which, when added to his/her temporary disability indemnity, will result in a payment to him/her of not more than his/her full salary.
12.6.8 18.8.1.8 During any paid leave of absence, the unit member may shall endorse to the District the temporary disability indemnity checks received on account of his/her industrial accident or illness. The District, in turn, shall issue the unit member appropriate salary warrants for payment of the unit member's salary, ’s salary and shall deduct normal retirement, and other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the employee for periods covered by such salary warrants.
12.6.9 18.8.2 Reductions of entitlement to leave shall be made only in accordance with this section.
18.8.2.1 Any unit member receiving benefits as a result of this section shall, during periods period of injury illness or illnessinjury, remain within with the State of California, California unless the Governing Board authorizes authorized travel outside the stateState.
12.6.10 When all available leaves of absence have been exhausted and the unit member is not medically able to return to all the duties of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absence.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents or illnesses that are job- incurred, unit members Employees shall be entitled to industrial accident and illness leave as provided leave benefits under for below provided the following provisions:
12.6.1 Allowable leave shall be sixty (60) days during which employee has promptly reported the colleges of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one fiscal year for the same accident.
12.6.2 Allowable leave shall not be accumulated from year to year.
12.6.3 Industrial on-the-job accident or illness leave shall commence on as soon as evidenced, has consulted his/her previously designated personal physician or a District-approved doctor, has obtained the first (1st) day attending physician’s authorization to be off work, and has otherwise complied with the District’s administrative procedures for the processing of absencesuch claims.
12.6.4 1. When a faculty member unit employee is necessarily absent from his/her duties on account of an industrial accident or illness, he/she such employee shall be paid such portion of the salary due him/her the employee for any month in which the absence occurs as, when added to his/her employee’s temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her the employee of not more than his/her full salary. The phrase, "term “full salary," ” as utilized in this section, used herein shall be computed so that it shall not be less than the unit member's "employee’s “average weekly earnings" ” as that phrase is utilized used in Section 4453 of the Labor Code. For purposes of this sectionSection, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
12.6.5 Industrial accident or illness 2. Such leave shall be reduced by granted for up to sixty (60) days in any one (1) day fiscal year for each day the same accident during such times that the schools of authorized absence regardless of a temporary disability indemnity awardthe District are required to be in session or when the employee would otherwise have been performing work for the District.
12.6.6 3. Allowable leave shall not be accumulated from fiscal year to fiscal year. When an industrial accident or illness leave overlaps into the next fiscal year, the unit member employee shall be entitled to only the amount of unused industrial accident or illness leave due him/her for the same illness or injury.
12.6.7 4. Pay for industrial accident and illness leave shall commence on the first day of absence; provided however that the District shall recoup from the employee any benefits provided hereunder if it is subsequently determined by competent legal authority that the employee had not been entitled to such benefits.
5. Upon termination of the sixty (60) days of industrial accident or illness leave, the unit member employee shall be entitled to the benefits provided in Education Code Sections 87780Codes 44977, 87781 44978, and 8778644983, and for the purposes of each of these sections sections, his/her absence shall be deemed to have commenced on the date of termination for of the sixty (60) day industrial accident or illness leave, provided that if the unit member employee continues to receive temporary dis- ability disability indemnity, he/she may elect to take as much of his/her accumulated sick leave which, when added to his/her temporary disability indemnity, will result in a payment to him/her of not more than his/her full salary.
12.6.8 During any paid leave of absence, the unit member may endorse to the District the temporary disability indemnity checks received on account of his/her industrial accident or illness6. The District, in turn, shall issue the unit member appropriate salary warrants for payment of the unit member's salary, and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the Any employee for periods covered by such salary warrants.
12.6.9 Any unit member receiving benefits as a result of under this section Section shall, during periods of injury or illness, remain within the State of California, California unless the Governing Board District authorizes travel outside the state.
12.6.10 When all available leaves of absence have been exhausted and the unit member is not medically able to return to all the duties of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absence.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents or illnesses that are job- incurred, unit members Employees shall be entitled to industrial accident and illness leave as provided leave benefits under for below provided the following provisions:
12.6.1 Allowable leave shall be sixty (60) days during which employee has promptly reported the colleges of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one fiscal year for the same accident.
12.6.2 Allowable leave shall not be accumulated from year to year.
12.6.3 Industrial on- the-job accident or illness leave shall commence on as soon as evidenced, has consulted his/her previously designated personal physician or a District-approved doctor, has obtained the first (1st) day attending physician’s authorization to be off work, and has otherwise complied with the District’s administrative procedures for the processing of absencesuch claims.
12.6.4 1. When a faculty member unit employee is necessarily absent from his/her duties on account of an industrial accident or illness, he/she such employee shall be paid such portion of the salary due him/her the employee for any month in which the absence occurs as, when added to his/her employee’s temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her the employee of not more than his/her full salary. The phrase, "term “full salary," ” as utilized in this section, used herein shall be computed so that it shall not be less than the unit member's "employee’s “average weekly earnings" ” as that phrase is utilized used in Section 4453 of the Labor Code. For purposes of this sectionSection, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
12.6.5 Industrial accident or illness 2. Such leave shall be reduced by granted for up to sixty (60) days in any one (1) day fiscal year for each day the same accident during such times that the schools of authorized absence regardless of a temporary disability indemnity awardthe District are required to be in session or when the employee would otherwise have been performing work for the District.
12.6.6 3. Allowable leave shall not be accumulated from fiscal year to fiscal year. When an industrial accident or illness leave overlaps into the next fiscal year, the unit member employee shall be entitled to only the amount of unused industrial accident or illness leave due him/her for the same illness or injury.
12.6.7 4. Pay for industrial accident and illness leave shall commence on the first day of absence; provided however that the District shall recoup from the employee any benefits provided hereunder if it is subsequently determined by competent legal authority that the employee had not been entitled to such benefits.
5. Upon termination of the sixty (60) days of industrial accident or illness leave, the unit member employee shall be entitled to the benefits provided in Education Code Sections 87780Codes 44977, 87781 44978, and 8778644983, and for the purposes of each of these sections sections, his/her absence shall be deemed to have commenced on the date of termination for of the sixty (60) day industrial accident or illness leave, provided that if the unit member employee continues to receive temporary dis- ability disability indemnity, he/she may elect to take as much of his/her accumulated sick leave which, when added to his/her temporary disability indemnity, will result in a payment to him/her of not more than his/her full salary.
12.6.8 During any paid leave of absence, the unit member may endorse to the District the temporary disability indemnity checks received on account of his/her industrial accident or illness6. The District, in turn, shall issue the unit member appropriate salary warrants for payment of the unit member's salary, and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the Any employee for periods covered by such salary warrants.
12.6.9 Any unit member receiving benefits as a result of under this section Section shall, during periods of injury or illness, remain within the State of California, California unless the Governing Board District authorizes travel outside the state.
12.6.10 When all available leaves of absence have been exhausted and the unit member is not medically able to return to all the duties of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absence.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents or illnesses that are job- incurred, unit members Industrial Accident and Illness Leave shall be granted for illness or injury incurred within the course and scope of a unit member's assigned duties. The unit member who has sustained a job-related injury shall report the injury on an Office of Education-provided accident form, to the immediate management representative within twenty-four (24) hours, the next day or, if hospitalized, as soon as possible. A unit member shall report any illness in writing to the immediate management representative within twenty-four (24) hours or as soon as possible after learning that the illness is an alleged industrial illness. Requirements for such leave benefits under the following provisionsshall be:
12.6.1 A. A probationary unit member is entitled to utilize Industrial Accident and Illness leave for physical injuries only as provided according to Workers' Compensation laws. This provision specifically precludes the use of Industrial Accident and Illness Leave during the probationary period due to "stress" arising out of or in the course of employment.
B. Allowable leave shall be for not more than sixty (60) days during which the colleges of the District are required to be in session or when the unit member would otherwise have been performing work for the District Office of Education in any one (1) fiscal year for the same accident.
12.6.2 C. Allowable leave shall not be accumulated from year to year.
12.6.3 D. Industrial accident Accident or illness leave Illness Leave shall commence on the first (1st) day of absence.
12.6.4 E. When a faculty member person employed in a position is absent from his/her his duties on account of an industrial accident or illness, he/she he shall be paid such portion of the salary due him/her him for any month in which the absence occurs as, when added to his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, as will result in a payment to him/her him of not more than his/her his full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
12.6.5 F. Industrial accident Accident or illness leave Illness Leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity awardcompensation award made under Worker's Compensation.
12.6.6 G. When an industrial accident Industrial Accident or illness leave Illness Leave overlaps into the next fiscal year, the unit member shall be entitled to only the amount of unused industrial accident or illness leave due him/her him for the same illness or injury.
12.6.7 Upon termination of the industrial accident or illness leave, the unit member shall be entitled to the benefits provided in Education Code Sections 87780, 87781 and 87786, and for the purposes of each of these sections his/her absence shall be deemed to have commenced on the date of termination for the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability indemnity, he/she may elect to take as much of his/her accumulated sick leave which, when added to his/her temporary disability indemnity, will result in a payment to him/her of not more than his/her full salary.
12.6.8 H. During any paid leave of absence, the unit member may shall endorse to the District Office of Education the temporary disability indemnity checks received on account of his/her his industrial accident or illness. The DistrictOffice of Education, in turn, shall issue the unit member appropriate salary warrants for payment of his salary and shall deduct normal retirement and other authorized contribution.
I. A unit member shall be permitted to return to service after an industrial accident or illness only upon the presentation of a release from the authorized Worker's Compensation physician certifying the unit member's salary, and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the employee for periods covered by such salary warrants.
12.6.9 Any unit member receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California, unless the Governing Board authorizes travel outside the state.
12.6.10 When all available leaves of absence have been exhausted and the unit member is not medically able ability to return to all the duties of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior classification without restrictions or detriment to the exhaustion of leave of absencehis physical and emotional well-being.
Appears in 2 contracts
Samples: Negotiated Agreement, Negotiated Agreement
Industrial Accident and Illness Leave. For accidents or illnesses that are job- incurred, 11.2.1 All unit members shall be provided leave benefits under eligible for industrial illness and accident leave. Such accident/illness must have arisen out of or in the following provisions:course of employment and must be accepted as a bona fide illness/injury by the District’s workers’ compensation insurance carrier.
12.6.1 11.2.2 Allowable leave shall be for not less than sixty (60) days during which the colleges of the District schools are required to be in session or when the unit member otherwise would otherwise have been performing work for the District District, in any one fiscal year for the same accident. Effective, July 1, 2003, if the absence is for industrial accident or illness leave, 100 day leave shall be used after entitlement to all regular sick leave, accumulated compensating time, vacation or other available paid leave has been exhausted.
12.6.2 11.2.2.1 If a unit member is out for ½ or less of contracted hours due to industrial accident leave usage entitlement, the unit member shall only have one- half of a day deducted from the unit member’s I.A. leave entitlement.
11.2.2.2 If a unit member is out for more than ½ of contracted hours due to industrial accident usage entitlement, the unit member shall have a full day deducted from the unit member’s I.A. leave entitlement.
11.2.3 Allowable leave shall not be accumulated from year to year.
12.6.3 Industrial accident or illness 11.2.4 The leave shall under this Section will commence on the first (1st) day of absence.
12.6.4 When 11.2.5 District salary payments when a faculty unit member is absent from hisdue to industrial accident/her duties on account of an industrial accident or illness, he/she shall be paid such portion of the salary due him/her for any month in which the absence occurs asillness shall, when added to his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) appropriate sections of the Labor Code, will result in a payment to him/her of equal not more than his/her full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code’s regular salary payment. For purposes of this section, however, the maximum Regular mandatory and minimum average weekly earnings set forth in Section 4453 of the Labor Code voluntary deductions shall otherwise not be deemed applicablemade from salary payments.
12.6.5 Industrial accident or illness leave shall be reduced by one (1) day for each day 11.2.6 Upon exhaustion of authorized absence regardless of a temporary disability indemnity award.
12.6.6 When an industrial accident or illness leave overlaps into the next fiscal year, the unit member shall be entitled to only the amount of unused industrial accident or illness leave due himaccident/her for the same illness or injury.
12.6.7 Upon termination of the industrial accident or illness leave, the unit member shall be entitled to the benefits provided in Education Code Sections 87780, 87781 and 87786, and for the purposes of each of these sections his/her absence shall be deemed to have commenced leave and/or extended illness leave. These leaves will commence on the date of termination exhaustion of the industrial accident/illness leave.
11.2.6.1 Should the District continue to receive temporary disability indemnity for the industrial accident or illness leaveunit member, provided that if the amount of accumulated leave deducted from the unit member continues shall be in proportion to receive temporary dis- ability indemnity, he/she may elect to take as much of his/her accumulated sick leave which, when added to his/her temporary the disability indemnity, will result in a payment to him/her of not more than his/her full salaryindemnity received.
12.6.8 During any paid leave of absence, the unit member may endorse to the District the temporary disability indemnity checks received on account of his/her industrial accident or illness. The District, in turn, shall issue the unit member appropriate salary warrants for payment of the unit member's salary, and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the employee for periods covered by such salary warrants.
12.6.9 11.2.7 Any unit member receiving benefits as a result of this section Section shall, during periods the period of injury illness or illnessinjury, remain within with the State of California, California unless the Governing Board authorizes travel outside the stateState.
12.6.10 When all available leaves of absence have been exhausted and the unit member is not medically able to return to all the duties of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absence.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents 8.11.1. Unit members will be entitled to industrial accident and illness leave according to the provisions in California Education Code section 44984 for any injury or illnesses illness that are job- incurred, arises out of the unit members shall be provided leave benefits under member's employment with the following provisions:District.
12.6.1 Allowable 8.11.2. Such leave shall be not exceed sixty (60) days during which the colleges schools of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one fiscal year for the same accidentindustrial illness or injury.
12.6.2 8.11.3. Allowable leave shall not be accumulated from year to year.
12.6.3 8.11.4. Industrial accident or illness leave shall commence on the first (1st) day of absence.
12.6.4 When 8.11.5. The total of a faculty unit member's disability indemnity and the portion of salary due to the unit member is absent from his/her duties on account of an during industrial accident or illness, he/she illness leave shall be paid such portion of the salary due him/her for any month in which the absence occurs as, when added to his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than exceed his/her full salary. The phraseIf the unit member fails to endorse to the District any temporary disability indemnity check received on account of the industrial illness or injury, "full salary," as utilized in this section, the District shall be computed so that it shall not be less than deduct from the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, howeversalary warrant, the maximum amount of such disability indemnity actually paid to and minimum average weekly earnings set forth in Section 4453 of retained by the Labor Code shall otherwise not be deemed applicableunit member.
12.6.5 8.11.6. Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity award.
12.6.6 8.11.7. When an industrial accident or illness leave overlaps into the next fiscal year, the unit member shall be entitled to only the amount of unused industrial accident or illness leave due him/her for the same illness or injury.
12.6.7 Upon termination of the industrial accident or illness leave, the unit member shall be entitled to the benefits provided in Education Code Sections 87780, 87781 and 87786, and for the purposes of each of these sections his/her absence shall be deemed to have commenced on the date of termination for the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability indemnity, he/she may elect to take as much of his/her accumulated sick leave which, when added to his/her temporary disability indemnity, will result in a payment to him/her of not more than his/her full salary.
12.6.8 During any paid leave of absence, the unit member may endorse to the District the temporary disability indemnity checks received on account of his/her industrial accident or illness8.11.8. The District, in turn, shall issue the unit member appropriate salary warrants for payment of the unit member's salary, and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the employee for periods covered by such salary warrants.
12.6.9 Any unit member receiving benefits as a result of this section shall, during periods of injury or and illness, remain within the State of California, California unless the Governing Board governing board authorizes travel outside the stateState.
12.6.10 When all available leaves of absence have been exhausted 8.11.9. Unit members on industrial accident or illness leave shall continue to be provided with health and welfare benefits in the same manner as such benefits are provided to other unit members.
8.11.10. In order to be eligible for Industrial Illness and Accident Leave, a unit member who is not medically able to return to all the duties of absent from his/her prior assignment, assigned duties as a result of an employment related illness or accident shall normally report said illness or accident to the District shall provide first within five (1st5) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if work days after he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that becomes aware or can reasonably accommodate his/her performance of duties required by be expected to be aware that the position, despite his/her disability, prior to the exhaustion of leave of absenceaccident or illness is employment related. The report shall be submitted on a form which shall be made available at each school site.
Appears in 2 contracts
Samples: Certificated Contract, Certificated Contract
Industrial Accident and Illness Leave. For accidents 18.1 All employees are covered by Workers’ Compensation Insurance. All injuries, no matter how trivial, must be reported as soon as possible after the occurrence to the supervisor. All absence due to injury or illnesses that are job- incurredillness arising out of, unit members and in the course of, employment shall be provided for in accordance with 87042 of the Education Code.
18.2 All permanent District employees shall be eligible for industrial accident and illness leave. The number of days of leave benefits under allowed for one (1) accident, or the following provisions:total number of days allowed in one (1) fiscal year for one (1) accident, shall not be for more than sixty (60) working days. A day of leave for purposes of this section shall be defined as a day when the employee would otherwise have been required to perform work for the District.
12.6.1 18.3 Allowable leave of absence as described in this section shall be not accumulate from one year to another, except that when an illness or injury occurs at a time when the full sixty (60) days during which the colleges of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one fiscal year for the same accident.
12.6.2 Allowable leave shall not be accumulated from year to year.
12.6.3 Industrial accident or illness leave shall commence on the first (1st) day of absence.
12.6.4 When a faculty member is absent from his/her duties on account of an industrial accident or illness, he/she shall be paid such portion of the salary due him/her for any month in which the absence occurs as, when added to his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
12.6.5 Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity award.
12.6.6 When an industrial accident or illness leave overlaps overlap into the next fiscal year, the unit member shall be entitled to only that amount remaining at the amount end of unused industrial accident the fiscal year in which the injury or illness leave due him/her occurred, for the same illness or injury.
12.6.7 Upon termination of the industrial 18.4 Industrial accident or illness leave, the unit member leave shall be entitled to the benefits provided in Education Code Sections 87780, 87781 and 87786, and for the purposes of each of these sections his/her absence shall be deemed to have commenced commence on the date first day of termination absence. Such leave will be reduced one (1) day for the industrial accident or illness leave, provided each day of absence when a temporary disability is awarded.
18.5 During this period of absence employees shall receive that if the unit member continues to receive temporary dis- ability indemnity, he/she may elect to take as much portion of his/her accumulated sick leave their salary which, when added to his/her the temporary disability indemnitycompensation will not exceed their normal salary. The District shall deduct retirement, income tax and all other authorized deductions from salary payments made under the provisions of this section. Prior to receipt of salary payments made to an employee under the terms of this leave, a copy of the Employer's Report of Industrial Injury must be filed with the Human Resources Department.
18.6 The industrial accident or illness leave of absence is to be used in lieu of sick leave. When entitlement to industrial accident or illness leave has been exhausted, entitlement to other sick leave will result in then be used. Employees receiving worker's compensation awards shall be entitled to use only so much of their accumulated sick leave, compensatory time off, vacation or other available leave which when added to the worker's compensation award, provide for a payment to him/her of not more than his/her full day's wage or salary.
12.6.8 18.7 During any all paid leaves of absences as herein described, the employee shall endorse to the District all temporary disability compensation checks received.
18.8 In order to receive benefits under this section, an employee must remain in the State of California unless authorized to travel outside of the state by the District.
18.9 Periods of leave of absence, paid or unpaid, taken under the unit member may endorse to the District the temporary disability indemnity checks received on account provisions of his/her industrial accident or illness. The District, in turnthis section, shall issue the unit member appropriate salary warrants for payment not be considered a break in service of the unit member's salary, and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the employee for periods covered by such salary warrantsemployee.
12.6.9 Any unit member receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California, unless the Governing Board authorizes travel outside the state.
12.6.10 When all available leaves of absence have been exhausted and the unit member is not medically able to return to all the duties of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absence.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents or illnesses that are job- incurred, 17.5.1 Members of the bargaining unit members shall be provided leave benefits under entitled to the following provisionsleave on account of illness or accident which has qualified for Workers' Compensation benefits:
12.6.1 17.5.1.1 Allowable leave shall be for up to a maximum of sixty (60) days during which the colleges schools of the District CHARTER SCHOOL are required to be in session or when the unit member would otherwise have been performing work for the District CHARTER SCHOOL in any one (1) fiscal year for the same accident.
12.6.2 17.5.1.2 Allowable leave shall not be accumulated from year to year-to-year.
12.6.3 17.5.1.3 Industrial accident or illness leave shall commence on the first (1st) day of the absence.
12.6.4 17.5.1.4 When a faculty member of the bargaining unit is absent from his/her the member's duties on account of an industrial accident or illness, he/she the member shall be paid such portion of the salary due him/her to the member for any month in which the absence occurs asoccurs, as when added to his/her the member's temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her the member of not more than his/her the member's full salary. (The phrase, "full salary," , as utilized in this section, subparagraph D shall be computed so that it shall not be less than the unit member's "average weekly earnings" earning as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this sectionSection 5, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.)
12.6.5 17.5.1.5 Industrial accident or illness leave shall be reduced by one one
(1) day for each day of authorized absence absence, regardless of a temporary disability indemnity award.
12.6.6 17.5.1.6 When an industrial accident or illness leave overlaps into the next fiscal year, the unit member shall be entitled to only the amount of unused industrial accident or illness leave due him/her to the member for the same illness or injury.
12.6.7 17.5.2 Upon termination of the industrial accident or illness leave, members of the unit member bargaining unit, except for members employed during the summer recess, shall be entitled to the benefits provided in Education Code Sections 87780, 87781 and 87786Section 17.2 of this Article 17, and for the purposes of each of these sections his/her those sections, the member's absence shall be deemed to have commenced on the date of termination for of the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability disability indemnity, he/she the member may elect to take as much of his/her the accumulated sick leave which, when added to his/her the member's temporary disability indemnity, will result in a payment to him/her the member of not more than his/her the member's full salary.
12.6.8 17.5.3 During any paid leave of absence, the unit member may endorse to the District CHARTER SCHOOL the temporary disability indemnity checks received on account of his/her the member's industrial accident or illness. The DistrictCHARTER SCHOOL, in turn, shall issue the unit member appropriate salary warrants for payment of the unit member's salary, salary and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, to and retained by, by the employee member for periods the period covered by such salary warrants.
12.6.9 17.5.4 Any member of the bargaining unit member receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California, California unless the Governing Board authorizes authorized travel outside of the stateState.
12.6.10 When all available leaves 17.5.5 The CHARTER SCHOOL reserves the right to secure proof of absence have been exhausted industrial accident or illness of any member of the bargaining unit. Before salary payments will be made to a member absent because of industrial accident or illness, a report of such accident or illness in the form prescribed by the CHARTER SCHOOL must be on file in the Business Services office, and the unit member is not medically able injury or illness must have qualified for Workers' Compensation benefits, under the provision applicable to return to all the duties of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required leave by the position, despite his/her disability, prior CHARTER SCHOOL workers’ compensation coverage.
17.5.6 The CHARTER SCHOOL has the right to have the exhaustion member examined by a physician designated by the CHARTER SCHOOL to assist in determining the length of leave of absencetime during which the member will be temporarily unable to perform assigned duties and the degree to which a disability is attributable to an industrial accident or illness.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Industrial Accident and Illness Leave. A. For accidents or illnesses that which are job- incurredindustrially-caused, unit members shall will be provided leave benefits under the following provisions:
12.6.1 1. Allowable leave shall will be sixty (60) days during which the colleges schools of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one (1) fiscal year for the same accident.
12.6.2 2. Allowable leave shall will not be accumulated from year to year.
12.6.3 3. Industrial accident or illness leave shall will commence on the first (1st) day of absence.
12.6.4 4. When a faculty unit member is absent from his/her their duties on account of due to an industrial accident or illness, he/she shall they will be paid such portion of the salary due him/her them for any month in which the absence occurs as, when added to his/her their temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her them of not more than his/her their full salary. The phrase, "full salary," as utilized in this section, shall section will be computed so that it shall will not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall will otherwise not be deemed applicable.
12.6.5 Industrial 5. For approved workers’ compensation claims, industrial accident or illness leave shall will be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity award. If a claim is delayed or denied, the employee’s accumulated sick leave will be used.
12.6.6 6. When an industrial accident or illness leave overlaps into the next fiscal year, the unit member shall will be entitled only to only the amount of unused industrial accident or and illness leave due him/her to them for the same illness or and injury.
12.6.7 7. Upon termination of the industrial accident or and illness leave, the unit member shall will be entitled to the benefits provided in Education Code Sections 87780, 87781 and 87786, and for the purposes of each of these sections his/her their absence shall will be deemed to have commenced on the date of termination for of the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability disability indemnity, he/she they may elect to take as much of his/her their accumulated sick leave which, when added to his/her their temporary disability indemnity, will result in a payment to him/her them of not more than his/her their full salary. (See Sick Leave, Article 18-A, Section 1).
12.6.8 8. During any paid leave of absence, the unit member may will endorse to the District the temporary disability indemnity checks received on account of his/her due to their industrial accident or illness. The District, in turn, shall will issue the unit member appropriate salary warrants for payment of the unit member's ’s salary, and shall will deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the employee for periods covered by such salary warrants.
12.6.9 Any unit member receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California, unless the Governing Board authorizes travel outside the state.
12.6.10 9. When all available leaves of absence have been exhausted and the unit member is not medically able to return to all the duties of his/her their prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement will meet with the unit membermember to discuss accommodations as required by state and federal law. If the District cannot provide a reasonable accommodation, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by unit member will be separated from the position, despite his/her disability, prior to the exhaustion of leave of absenceDistrict.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents or illnesses that are job- incurred, unit members 1. The District shall be provided leave benefits under the following provisions:
12.6.1 Allowable leave shall be provide for sixty (60) days during which the colleges of industrial accident and illness leave with pay and benefits for teachers who have been employed by the District are required to continuously for three or more years.
2. A teacher who is absent from duty because of illness or injury resulting from an accident or condition which qualifies under Worker’s Compensation Insurance shall be granted an industrial accident or illness leave for such illness or accident.
3. The number of days for one leave or the total number of days allowed in session or when the unit member would otherwise have been performing work for the District in any one fiscal year for the same accidentmore than one such leave shall not exceed sixty (60) days.
12.6.2 4. Allowable leave shall not be accumulated from year to year.
12.6.3 Industrial accident or illness leave shall commence on the first (1st) day of absence.
12.6.4 When a faculty member is absent from his/her duties on account of an industrial accident or illness, he/she shall be paid such portion of the salary due him/her for any month in which the absence occurs as, when added to his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
12.6.5 Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity award.
12.6.6 When an industrial accident or illness leave overlaps into the next fiscal year, the unit member employee shall be entitled to only the amount of unused industrial accident or illness leave due him/her for the same illness or injury.
12.6.7 5. Industrial accident and illness leave shall be granted from the first day of disability but shall not extend beyond the last for which temporary disability indemnity is received from the District's Xxxxxxx'x Compensation Provider.
6. Only absences which are supported by a doctor’s certificate and have been verified by the district's workers compensation provider to be the result of a work-connected injury or illness can be paid under the industrial accident and illness leave.
7. Upon termination of the industrial accident or illness leave, the unit member employee shall be entitled to the benefits provided in Education Code Article XIII, Sections 87780A & B and, 87781 and 87786, and for the purposes purpose of each of these sections sections, his/her absence shall be deemed to have commenced on the date of termination for of the industrial accident or illness leave, provided that if the unit member employee continues to receive temporary dis- ability disability indemnity, he/she may elect to take as much of his/her accumulated sick leave which, when added to his/her temporary disability indemnity, will result in a payment to him/her of not more than his/her full salary.
12.6.8 8. During any paid leave of absenceperiod when a teacher is receiving his/her regular salary from the District, the unit member may he/she is required to endorse over to the District the all temporary disability indemnity checks payments received on account from the District’s Xxxxxxx’x Compensation Provider. Charges to the employee’s regular accumulated sick leave shall be as follows:
a. Industrial accident and illness leave shall be reduced by one day for each day of authorized absence, regardless of temporary disability payments paid by the District’s Xxxxxxx’x Compensation Provider.
b. Regular sick leave shall be reduced only by that amount necessary to provide a full day’s wage or salary when added to temporary compensation benefits.
9. Any teacher who is absent because of a work-connected injury or illness shall not be entitled to receive wages or salary from the District in an amount which, when added to temporary disability benefits, will exceed his/her full salary during the period of his/her absence.
10. A teacher, while receiving industrial accident or illness. The Districtand illness leave benefits, in turn, shall issue the unit member appropriate salary warrants for payment of the unit member's salary, and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the employee for periods covered by such salary warrants.
12.6.9 Any unit member receiving benefits as a result of this section shall, during periods of injury or illness, must remain within the State of California, California unless the Governing Board District authorizes travel outside the stateState.
12.6.10 When all available leaves of absence have 11. A teacher who has been exhausted and released for return to his/her duties by the unit member is not medically able District’s Xxxxxxx’x Compensation Provider but fails to return to all the said duties of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absencebe terminated.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents Workers’ Compensation)
11.12.1 Employees will be entitled to industrial accident and illness leave in accordance with Education Code Section 88192 for accident or illnesses that are job- incurred, unit members illness arising out of or in the course of their duties for the District when such illness or accident has qualified for workers' compensation under the provision of the State Compensation Insurance Fund.
11.12.2 Employees who have suffered an industrial accident or illness shall immediately report the accident or illness to the District. The District shall prepare an accident report and submit it to Xxxxxx and Associates. The employee shall be provided leave benefits under the following provisions:furnished a copy of this report.
12.6.1 Allowable 11.12.3 Industrial accident and illness leave shall be not exceed sixty (60) days during which the colleges of the District are required to be college is in session or when the unit member employee would otherwise have been performing work for the District in any one fiscal year for the same accidentindustrial injury or illness. When an industrial accident or illness occurs at a time when the full sixty (60) days will overlap into the next fiscal year, the employee shall be entitled to only the amount remaining at the end of the fiscal year for the same illness or injury.
12.6.2 Allowable leave shall not be accumulated from year to year.
12.6.3 11.12.4 Industrial accident or and illness leave shall commence on the first (1st) day of absence.
12.6.4 When a faculty member is absent from his/her duties on account of an industrial accident or illness, he/she shall be paid such portion of the salary due him/her for any month in which the absence occurs as, when added to his/her temporary disability indemnity . Leave allowable under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it section shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Codeaccumulate from year to year. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
12.6.5 Industrial accident or and illness leave shall will be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity awardcompensation award made under workers' compensation.
12.6.6 When an 11.12.5 The District has the right to have the employee examined by a physician designated by the District to assist in determining the length of time during which the employee will be temporarily unable to perform assigned duties and the degree to which disability is attributable to the injury involved.
11.12.6 For any days of absence from duty as a result of the same industrial accident or illness leave overlaps into the next fiscal yearaccident, the unit member employee shall be entitled to only the amount of unused industrial accident or illness leave due him/her for the same illness or injury.
12.6.7 Upon termination of the industrial accident or illness leave, the unit member shall be entitled to the benefits provided in Education Code Sections 87780, 87781 and 87786, and for the purposes of each of these sections his/her absence shall be deemed to have commenced on the date of termination for the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability indemnity, he/she may elect to take as much of his/her accumulated sick leave which, when added to his/her temporary disability indemnity, will result in a payment to him/her of not more than his/her full salary.
12.6.8 During any paid leave of absence, the unit member may endorse to the District any wage-loss benefit check from the temporary disability indemnity checks received on account of his/her industrial accident or illnessSelf-Funded Workers' Compensation Insurance Fund. The District, in turn, shall issue the unit member employee appropriate salary warrants for payment of the unit member's salary, wages and shall deduct normal retirement, retirement and other authorized contributions. If the employee fails to endorse to the District any wage-loss benefit check from the Self-Funded Workers' Compensation Insurance Fund, the District shall deduct the amount of such benefit check received and retained by the employee from the employee's salary warrant.
11.12.7 When entitlement to industrial accident or illness leave has been exhausted, entitlement to other personal illness and injury leave will then be used; but if an employee is receiving workers' compensation, the person shall be entitled to use only so much of the person's accumulated or available personal illness and injury leave, accumulated compensatory time, vacation, or other available leave which, when added to the workers' compensation award, provide for a full day's wage or salary.
11.12.8 When all available leaves of absence, paid or unpaid, have been exhausted and if the employee is not medically able to assume the duties of the person's position, the person shall, if not placed in another position, be placed on a reemployment list for a period of 39 months. When available, during the 39-month period, the person shall be employed in a vacant position, in the class of the person's previous assignment over all other available candidates, except for a reemployment list established because of lack of work or lack of funds, in which case the person shall be listed in accordance with appropriate seniority regulations.
11.12.9 An employee who has been placed on a reemployment list, as provided herein, who has been medically released for return to duty, and the temporary disability indemnitywho fails to accept an appropriate assignment, if any, actually paid to, and retained by, the employee for periods covered by such salary warrantsshall be dismissed.
12.6.9 11.12.10 Period of leave of absence, paid or unpaid, shall not be considered to be a break in service of the employee.
11.12.11 Any unit member employee receiving benefits as a result of this section shall, shall during periods period of injury or illness, illness remain within the State of California, unless the Governing Board governing board authorizes travel outside the state.
12.6.10 When all available leaves of absence have been exhausted and the unit member is not medically able to return to all the duties of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absence.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents or illnesses that are job- incurred, unit members shall be provided leave benefits under the following provisions:
12.6.1 Allowable leave shall be sixty (60) days during which the colleges of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one fiscal year for the same accident.
12.6.2 Allowable leave shall not be accumulated from year to year.
12.6.3 Industrial accident or illness leave shall commence on the first (1st) day of absence.
12.6.4 When a faculty member is absent from his/her duties on account of an industrial accident acci- dent or illness, he/she shall be paid such portion of the salary due him/her for any month in which the absence occurs as, when added to his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
12.6.5 Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity award.
12.6.6 When an industrial accident or illness leave overlaps into the next fiscal year, the unit member shall be entitled to only the amount of unused industrial accident or illness leave due him/her for the same illness or injury.
12.6.7 Upon termination of the industrial accident or illness leave, the unit member shall be entitled to the benefits provided in Education Code Sections 87780, 87781 and 87786, and for the purposes of each of these sections his/her absence shall be deemed to have commenced on the date of termination for the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability disability indemnity, he/she may elect to take as much of his/her accumulated sick leave which, when added to his/her temporary disability indemnity, will result in a payment to him/her of not more than his/her full salary.
12.6.8 During any paid leave of absence, the unit member may endorse to the District the temporary disability indemnity checks received on account of his/her industrial accident or illness. The District, in turn, shall issue the unit member appropriate salary warrants for payment of the unit member's salary, and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the employee for periods covered by such salary warrants.
12.6.9 Any unit member receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California, unless the Governing Board authorizes travel outside the state.
12.6.10 When all available leaves of absence have been exhausted and the unit member is not medically able to return to all the duties of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably reason- ably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absence.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents or illnesses that are job- incurred, unit members a. Industrial Accident and Illness Leave shall be provided leave benefits under the following provisions:
12.6.1 Allowable leave shall be for not more than sixty (60) days during which the colleges of the District are College is required to be in session or when the unit member would otherwise Administrator would, otherwise, have been performing work for the District in any one fiscal year for the same accident.
12.6.2 Allowable leave . Such Industrial Accident and Illness Leave shall commence on the first day of absence and shall not be accumulated from year to year.
12.6.3 Industrial accident or illness leave shall commence on the first (1st) day of absence.
12.6.4 b. When a faculty member Administrator is absent from his/her duties on account of duty due to an industrial accident or illness, he/she the Administrator shall be paid such the portion of the salary due him/her for any month months in which the absence occurs as, when added to his/her the temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not no more than his/her Administrator's full salary. The phrase, phrase "full salary," as utilized in this section, shall be computed so that it shall not be less than the unit memberAdministrator's "average weekly earnings" , as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the The maximum and minimum average weekly earnings set forth in Section 4453 4452 of the Labor Code shall otherwise shall, otherwise, not be deemed applicable.
12.6.5 c. Industrial accident or illness leave Accident and Illness Leave shall be reduced by one one
(1) day for each day of authorized absence regardless of a the temporary disability indemnity award.
12.6.6 . When an industrial accident or illness leave Industrial Accident and Illness Leave overlaps into the next fiscal year, the unit member Administrator shall be entitled to only the amount of unused industrial accident or illness leave due him/her for the same illness or injury.
12.6.7 d. Upon termination of the industrial accident or illness leaveIndustrial Accident and Illness Leave, the unit member Administrator shall be entitled to the sick leave benefits provided or any other applicable leave as outlined in Education Code Sections 87780, 87781 and 87786, and for the purposes of each of these sections this Appendix or his/her employment agreement; and the absence shall be deemed to have commenced on the date of termination for of the industrial accident or illness leaveIndustrial Accident and Illness Leave, provided that if the unit member Administrator continues to receive temporary dis- ability disability indemnity, he/she Administrator may elect to take as much of his/her accumulated sick leave which, when added to his/her the temporary disability indemnity, will result in a payment to him/her of not more than his/her full salary.
12.6.8 e. During any paid leave of absence, the unit member may Administrator shall endorse to the District the temporary disability indemnity checks check received on account of his/her the industrial accident or illness. The District, in turn, shall issue the unit member Administrator appropriate salary warrants for payment of the unit memberAdministrator's salary, salary and shall deduct normal retirement, retirement and other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the employee for periods covered by such salary warrants.
12.6.9 Any unit member f. An Administrator receiving benefits as a result of this section Section shall, during periods of injury or illness, remain within the State of California, California unless the Governing Board authorizes travel outside the state.
12.6.10 When all available leaves of absence have been exhausted and the unit member is not medically able to return to all the duties of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absence.
Appears in 2 contracts
Samples: Classified Administrator Employment Agreement, Educational Administrator Employment Agreement
Industrial Accident and Illness Leave. A. For accidents or illnesses that are job- incurredindustrially-caused, unit members shall will be provided leave benefits under the following provisions:
12.6.1 1. Allowable leave shall will be sixty (60) days during which the colleges schools of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one (1) fiscal year for the same accident.
12.6.2 2. Allowable leave shall will not be accumulated from year to year.
12.6.3 3. Industrial accident or illness leave shall will commence on the first (1st) day of absence.
12.6.4 4. When a faculty unit member is absent from his/her their duties on account of due to an industrial accident or illness, he/she shall they will be paid such portion of the salary due him/her them for any month in which the absence occurs as, when added to his/her their temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her their full salary. The phrase, "full salary," as utilized in this section, shall section will be computed so that it shall will not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall will otherwise not be deemed applicable.
12.6.5 Industrial 5. For approved workers’ compensation claims industrial accident or and illness leave shall will be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity award. If a claim is delayed or denied, the employee’s accumulated sick leave will be used.
12.6.6 6. When an industrial accident or and illness leave overlaps into the next fiscal year, the unit member shall will be entitled to only the amount of unused industrial accident or and illness leave due him/her them for the same illness or and injury.
12.6.7 7. Upon termination of the industrial accident or illness leave, the unit member shall will be entitled to the benefits provided in Education Code Sections 87780, 87781 and 87786, and for the purposes of each of these sections his/her their absence shall will be deemed to have commenced on the date of termination for of the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability disability indemnity, he/she they may elect to take as much of his/her their accumulated sick leave which, when added to his/her their temporary disability indemnity, indemnity will result in a payment to him/her them of not more than his/her their full salary.
12.6.8 8. During any paid leave of absence, the unit member may endorse to the District the temporary disability indemnity checks received on account of his/her due to their industrial accident or illness. The District, in turn, shall will issue the unit member appropriate salary warrants for payment of the unit member's salary, and shall will deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the employee for periods covered by such salary warrants.
12.6.9 Any unit member receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California, unless the Governing Board authorizes travel outside the state.
12.6.10 When all available leaves of absence have been exhausted and the unit member is not medically able to return to all the duties of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absence.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents or illnesses that are job- incurred, 11.1 A unit members member who has completed six (6) months of employment in the District shall be provided entitled to an industrial accident or illness leave benefits under the following provisions:
12.6.1 Allowable leave shall be of absence not to exceed sixty (60) working days during which the colleges of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one (1) fiscal year for the same accident.
12.6.2 11.2 When a unit member incurs an industrial accident or illness, he/she shall report it to his/her immediate supervisor before the close of the working day in which the accident or illness occurs. A Workers' Compensation form shall be filed with the District Human Resources Office within forty-eight (48) hours from the time such accident or illness occurs, or when the member can reasonably be expected to file.
11.3 The following governs industrial accident or illness leaves of absence:
11.3.1 Allowable leave shall be for not more than sixty (60) working days in any one
(1) fiscal year for the same accident;
11.3.2 Allowable leave shall not be accumulated from year to year.;
12.6.3 11.3.3 Industrial accident or illness leave shall commence on the first (1st) day of absence.;
12.6.4 11.3.4 When a faculty unit member is absent from his/her duties on account of an industrial accident or illness, he/she shall be paid such portion of the salary due him/her for any month in which the absence occurs as, as when added to his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.;
12.6.5 11.3.5 Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity award.;
12.6.6 11.3.6 When an industrial accident or illness leave overlaps into the next fiscal year, the unit member shall be entitled to only the amount of unused industrial accident or illness leave due him/her for the same illness or injury.
12.6.7 Upon termination of the industrial accident or illness leave, the unit member shall be entitled to the benefits provided in Education Code Sections 87780, 87781 and 87786, and for the purposes of each of these sections his/her absence shall be deemed to have commenced on the date of termination for the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability indemnity, he/she may elect to take as much of his/her accumulated sick leave which, when added to his/her temporary disability indemnity, will result in a payment to him/her of not more than his/her full salary.
12.6.8 11.4 During any paid leave of absence, the unit member may shall endorse to the District the any temporary disability indemnity checks received on account of his/her industrial accident or illness. The District, in turn, shall issue the unit member appropriate salary warrants for payment of the unit member's salary, salary and shall deduct normal retirement, retirement and other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the employee for periods covered by such salary warrants.
12.6.9 Any unit member receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California, unless the Governing Board authorizes travel outside the state.
12.6.10 When all available leaves of absence have been exhausted and the unit member is not medically able to return to all the duties of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absence.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents (Workers Compensation)
10.8.1 Leave of absence is provided, in accordance with provisions of Education Code Section 44984 as provided herein. In all cases of industrial accident and illness, the employee shall notify the site administrator immediately when an injury or illnesses that are job- incurred, unit members shall be provided illness arises out of and in the course of employment. The provisions of allowable leave benefits under include the following provisions:
12.6.1 10.8.1.1 Allowable leave shall be sixty (60) for not less than 60 days during which the colleges schools of the ACOE/ District are required to be in session or when the unit member employee would otherwise have been performing work for the District ACOE in any one fiscal year for the same accident.
12.6.2 10.8.1.2 Allowable leave shall not be accumulated from year to year.
12.6.3 10.8.1.3 Industrial accident or illness leave shall commence on the first (1st) day of absence.
12.6.4 10.8.1.4 When a faculty member an employee is absent from his/her for duties on account of an industrial accident or illness, he/she the employee shall be paid such portion of the salary due him/her for any month in which the absence occurs as, when added to his/her any temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her the employee’s full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
12.6.5 10.8.1.5 Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity award.
12.6.6 10.8.1.6 When an industrial accident or illness leave overlaps into the next fiscal year, the unit member employee shall be entitled to only the amount of unused industrial accident or illness leave due him/her for the same illness or injury.
12.6.7 10.8.2 Upon termination of the industrial accident or illness leave, the unit member employee shall be entitled to the benefits as provided in Education Code Sections 87780section 1 herein. For the purpose of this provision, 87781 and 87786, and for the purposes of each of these sections his/her absence shall be deemed to have commenced on the date of termination for of the industrial accident or illness leave, provided that if the unit member employee continues to receive temporary dis- ability disability indemnity, he/she may elect to take as much of his/her their accumulated sick leave which, when added to his/her any temporary disability indemnity, will result in a payment to him/her of not more than his/her the employee’s full salary.
12.6.8 10.8.3 Upon termination of the industrial accident or illness leave, the employee shall be entitled to the benefits provided in Education Code Sections 44977, 44978, 44983. This allows the employee to utilize, in the current year, ten (10) days of sick leave, and then allows for a five (5) school month leave. The employee would use accumulated sick leave during this time. When the accumulated sick leave is exhausted, the employee would be entitled to substitute difference pay.
10.8.4 During any paid leave of absence, the unit member employee may endorse to the District ACOE the temporary disability indemnity checks received on account of his/her the industrial accident or illness. The DistrictACOE, in turn, shall issue the unit member employee appropriate salary warrants for payment of the unit member's salary, employee’s salary and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, to and retained by, by the employee for periods covered by such salary warrants.
12.6.9 10.8.5 Any unit member employee receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California, California unless the Governing Board governing board authorizes travel outside the state.
12.6.10 When all available leaves 10.8.5.1 The total of absence have been exhausted the Employee’s temporary disability indemnity and the unit member is not medically portion salary due the Employee during such absence shall equal his/her full salary.
10.8.5.2 An Employee shall be deemed to have recovered from an industrial accident or illness and thereby able to return to all work, at such time as the duties Employee’s physician verifies that the Employee is fully capable of his/her prior assignmentperforming job requirements. At the Employer’s cost, the District shall provide first (1st) priority in assigning such Employer has the option to select a person into classes where his/her disability, in physician of its choice to certify that the discretion Employee is fully capable of the District, does not hinder performing job responsibilities.
10.8.5.3 An industrial accident or illness is defined as injury or illness whose cause can be traced to the performance of duties on the duties required job and as adjudged under the provisions of him/her if he/she is otherwise qualifiedthe State Worker’s Compensation Insurance Law.
10.8.5.4 The Employer’s report of an industrial accident or illness shall be kept on file in the County Superintendent’s office. With mutual agreement with the unit memberThe Director shall be notified of any accident or illness within twenty-four (24) hours of such incident.
10.8.5.5 The benefits provided in this paragraph are in addition to sick leave benefits. Accordingly, the District Employer shall not deduct accumulated sick leave from the sick leave allotment of an Employee who is absent as the result of an industrial accident or illness.
10.8.5.6 An Employee on such leave will be entitled to paid fringe benefits for a period of time not to exceed one (1) calendar year from the date of accident or illness. Thereafter, the Employee may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by elect to continue in all group benefit plans at the position, despite his/her disability, prior to the exhaustion of leave of absenceEmployee’s cost.
Appears in 2 contracts
Samples: Employment Agreement, Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents or illnesses that are job- incurred, All unit members who sustain an injury or illness arising directly out of and in the course and scope of their employment shall be provided leave benefits under eligible for Industrial Accident and Illness Leave according to the following provisionsrules and regulations:
12.6.1 7.6.1 Allowable leave shall be sixty (60) for a maximum of 60 working days during which the colleges of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one fiscal year for the same accident.
12.6.2 7.6.2 Allowable leave shall not be accumulated accumulative from year to year.
12.6.3 7.6.3 Industrial accident Accident or illness leave shall Illness Leave will commence on the first (1st) day of absence.
12.6.4 When a faculty member is absent from his/her duties 7.6.4 Payment for wages lost on account of an industrial accident or illness, he/she any day shall be paid such portion of the salary due him/her for any month in which the absence occurs asnot, when added to his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it shall not be less than an award granted the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of , under the Labor Code. For purposes workers' compensation laws of this sectionstate, however, exceed the maximum and minimum average weekly earnings set forth in Section 4453 of normal wage for the Labor Code shall otherwise not be deemed applicableday.
12.6.5 7.6.5 Industrial accident or illness leave shall Accident Leave will be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity awardcompensation award made under workers' compensation.
12.6.6 7.6.6 When an industrial accident Industrial Accident or illness leave overlaps occurs at a time when the full 60 days will overlap into the next fiscal year, the unit member shall be entitled to only that amount remaining at the amount end of unused industrial accident the fiscal year in which the injury or illness leave due him/her occurred, for the same illness or injury.
12.6.7 Upon termination 7.6.7 The Industrial Accident or Illness Leave of the Absence is to be used in lieu of entitlement acquired under sick leave (Sections 7.3.1 and 7.3.2 of this Article). When entitlement to industrial accident or illness leaveleave has been exhausted, entitlement or other sick leave will then be used; but, if a unit member is receiving workers' compensation, the unit member person shall be entitled to use only so much of the benefits provided in Education Code Sections 87780, 87781 and 87786, and for the purposes of each of these sections his/her absence shall be deemed to have commenced on the date of termination for the industrial accident person's accumulated or illness available sick leave, provided that if the unit member continues to receive temporary dis- ability indemnityaccumulated compensating time, he/she may elect to take as much of his/her accumulated sick vacation, or other available leave which, when added to his/her temporary disability indemnitythe worker's compensation award, will result in provide for a payment to him/her of not more than his/her full day’s wage or salary.
12.6.8 During any paid 7.6.8 Periods of leave of absence, paid or unpaid, shall not be considered to be a break in service of the unit member.
7.6.9 During all paid leaves of absence, whether industrial accident leave as provided in this section, sick leave, vacation, compensated time off, or other available leave provided by law or the action of a Board, the unit member may shall endorse to the District the temporary disability indemnity wage loss benefit checks received on account under the workers' compensation laws of his/her industrial accident or illnessthis State. The District, in turn, shall issue the unit member appropriate salary warrants for payment of the unit member's salary, wages or salary and shall deduct normal retirement, retirement and other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the employee for periods covered by such salary warrants. Reduction of entitlement to leave shall be made only in accordance with this section.
12.6.9 Any unit member receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California, unless the Governing Board authorizes travel outside the state.
12.6.10 When all available leaves of absence have been exhausted and the unit member is not medically able to return to all the duties of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absence.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents or illnesses that are job- incurred, unit members Industrial Accident and Illness Leave shall be granted for illness or injury incurred within the course and scope of a unit member's assigned duties. The unit member who has sustained a job-related injury shall report the injury on an Office of Education-provided accident form, to the immediate management representative within twenty-four (24) hours, the next day or, if hospitalized, as soon as possible. A unit member shall report any illness in writing to the immediate management representative within twenty-four (24) hours or as soon as possible after learning that the illness is an alleged industrial illness. Requirements for such leave benefits under the following provisionsshall be:
12.6.1 A. A probationary unit member is entitled to utilize Industrial Accident and Illness leave for physical injuries only as provided according to Workers' Compensation laws. This provision specifically precludes the use of Industrial Accident and Illness Leave during the probationary period due to "stress" arising out of or in the course of employment.
B. Allowable leave shall be for not more than sixty (60) days during which the colleges of the District are required to be in session or when the unit member would otherwise have been performing work for the District Office of Education in any one (1) fiscal year for the same accident.
12.6.2 C. Allowable leave shall not be accumulated from year to year.
12.6.3 D. Industrial accident Accident or illness leave Illness Leave shall commence on the first (1st) day of absence.
12.6.4 E. When a faculty member person employed in a position is absent from his/her his duties on account of an industrial accident or illness, he/she he shall be paid such portion of the salary due him/her him for any month in which the absence occurs as, when added to his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, as will result in a payment to him/her him of not more than his/her his full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
12.6.5 F. Industrial accident Accident or illness leave Illness Leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity awardcompensation award made under Worker's Compensation.
12.6.6 G. When an industrial accident Industrial Accident or illness leave Illness Leave overlaps into the next fiscal year, the unit member shall be entitled to only the amount of unused industrial accident or illness leave due him/her him for the same illness or injury.
12.6.7 Upon termination of the industrial accident or illness leave, the unit member shall be entitled to the benefits provided in Education Code Sections 87780, 87781 and 87786, and for the purposes of each of these sections his/her absence shall be deemed to have commenced on the date of termination for the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability indemnity, he/she may elect to take as much of his/her accumulated sick leave which, when added to his/her temporary disability indemnity, will result in a payment to him/her of not more than his/her full salary.
12.6.8 H. During any paid leave of absence, the unit member may shall endorse to the District Office of Education the temporary disability indemnity checks received on account of his/her his industrial accident or illness. The District, in turn, shall issue the unit member appropriate salary warrants for payment of the unit member's salary, and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the employee for periods covered by such salary warrants.
12.6.9 Any unit member receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California, unless the Governing Board authorizes travel outside the state.
12.6.10 When all available leaves of absence have been exhausted and the unit member is not medically able to return to all the duties of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absence.or
Appears in 1 contract
Samples: Negotiated Agreement
Industrial Accident and Illness Leave. For accidents or illnesses that are job- incurred8.2.1 A unit member, unit members upon the first day of service, shall be provided entitled to an industrial accident or industrial illness leave benefits under the following provisions:
12.6.1 Allowable leave shall be of absence not to exceed sixty (60) days during which the colleges of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one (1) fiscal year for the same accident.
12.6.2 Allowable leave shall not be accumulated from year to year.
12.6.3 Industrial 8.2.2 An industrial accident or illness leave shall commence on the first (1st) day of absence.
12.6.4 When a faculty member is absent from his/her duties on account of an industrial accident or illness, he/she shall be paid such portion of the salary due him/her for any month in which the absence occurs as, when added to his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
12.6.5 Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity award.
12.6.6 absence. When an industrial accident or illness such leave overlaps into the next fiscal year, the unit member shall be entitled to only the amount of unused industrial accident or illness leave due him/her for the same illness or injury.
12.6.7 Upon termination 8.2.3 A unit member absent from duties as a result of the an industrial accident or illness leave, the unit member shall be entitled to paid such portion of the benefits provided salary due him for any month in Education Code Sections 87780, 87781 and 87786, and for which the purposes of each of these sections his/her absence shall be deemed to have commenced on the date of termination for the industrial accident or illness leave, provided occurs that if the unit member continues to receive temporary dis- ability indemnity, he/she may elect to take as much of his/her accumulated sick leave which, when added to his/her his temporary disability indemnity, will result in a payment to him/her him of not more than his/her his full salary.
12.6.8 . During any paid leave of absence, absence the unit member may shall endorse to the District the State's temporary disability indemnity checks received on account of his/her his industrial accident or illness. The District, in turn, shall issue the unit member appropriate members' salary warrants for payment of the unit member's salary, and shall deduct normal retirement, retirement and other authorized contributions.
8.2.4 Upon retirement of the industrial accident or illness leave, a unit member shall be entitled to the sick leave benefits provided and for the purpose of this section his absence shall be deemed to have commenced on that date of termination of the industrial accident leave. Provided the unit member continues to receive temporary disability indemnity, if anyhe is entitled to take only as much of his accumulated sick leave, actually paid towhich when added to his temporary disability indemnity, and retained by, the employee for periods covered by such salary warrantswill result in payment to him of not more than his full salary.
12.6.9 Any 8.2.5 A unit member receiving the benefits as a result of this section such leave shall, during periods of injury or illness, remain within the State of California, California unless otherwise authorized by the Governing Board authorizes travel outside the stateBoard.
12.6.10 8.2.6 Allowable industrial accident and illness leave shall not be accumulated from year to year.
8.2.7 When all available leaves of absence have a dispute arises regarding an industrial accident or illness, no leave shall be granted until a determination has been exhausted and made regarding the case by the State Compensation Office or the Appeals Board. While this dispute is pending, sick leave benefits as prescribed in this Agreement shall be provided by the District.
8.2.8 A unit member is not medically able to return to all the duties report of his/her prior assignment, industrial injury or illness must be on file in the District Office.
8.2.9 A copy of the report by the District to the insurance company regarding a unit member's claimed industrial accident or illness shall provide first (1st) priority in assigning such a person into classes where his/her disability, be maintained on file in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absence's Personnel Office.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents or illnesses that are job- incurred, 8.3.1 All members of the bargaining unit members who have served continuously with the District for a period of one (1) year shall be provided entitled to said leave benefits under when the following provisions:illness or accident has qualified for Workers’ Compensation benefits.
12.6.1 8.3.2 Allowable leave shall be sixty (60) working days during which the colleges of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one (1) fiscal year for the same accident. When an industrial accident or illness occurs at a time when the full sixty (60) days will overlap into the next fiscal year, the member shall be entitled to only that amount remaining at the end of the fiscal year in which the injury or illness occurred for the same illness or injury.
12.6.2 8.3.2.1 Allowable leave shall not be accumulated from year to year.
12.6.3 8.3.3 Industrial accident or illness leave shall commence on the first (1st) day of absence.
12.6.4 When a faculty member is absent from his/her duties on account of an 8.3.4 The industrial accident or illness, he/she shall illness leave of absence is to be paid such portion used in lieu of the salary due him/her leave provided for any month in which the absence occurs as, when added to his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes 8.1 of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicableArticle.
12.6.5 8.3.5 Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity awardcompensation award made under Workers’ Compensation.
12.6.6 When an 8.3.6 In most cases, Workers’ Compensation benefits will not equal the member’s full salary; to insure payment of full salary during this leave, the balance shall be made up by industrial accident or and illness leave overlaps into leave. Workers’ Compensation benefits are paid directly to the next fiscal year, the unit member shall be entitled to only member. The District then deducts the amount of unused industrial accident or illness leave due him/her the compensation payments made to the member from the gross pay of the next payroll warrant.
8.3.7 Payment for wages lost on any day shall not, when added to an award granted the member under the Workers’ Compensation laws of this state, exceed the normal wages for the same illness or injuryday.
12.6.7 8.3.8 Upon termination of the industrial accident or illness leave, the unit member shall be first entitled to the benefits leave provided for in Education Code Sections 87780Section 8.1 of this Article, 87781 and 87786if any; and, and for the purposes purpose of each of these sections his/her Section 8.2, the member’s absence shall be deemed to have commenced on the date of termination for of the industrial accident or illness leave, provided that if the . A bargaining unit member continues shall be entitled to receive temporary dis- ability indemnity, he/she may elect to take as use only so much of his/her accumulated or available sick leave whichleave, accumulated compensatory time, vacation or other available leave, which when added to his/her temporary disability indemnity, will result in the Workers’ Compensation award provide for a payment to him/her of not more than his/her full day’s wage or salary.
12.6.8 During any paid leave of absence, the unit member may endorse to the District the temporary disability indemnity checks received on account of his/her industrial accident or illness. The District, in turn, shall issue the unit member appropriate salary warrants for payment of the unit member's salary, and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the employee for periods covered by such salary warrants.
12.6.9 8.3.9 Any unit member receiving benefits as a result of this section Section shall, during periods of injury or illness, remain within the State of California, California unless the Governing Board District authorizes travel outside the state.
12.6.10 When all available leaves 8.3.10 The District reserves the right to secure proof of absence have been exhausted industrial accident or illness from any member of the bargaining unit. Before salary payments shall be made to a member absent because of industrial accident or illness, a report of such accident or illness, on the form prescribed by the District, must be on file in the Human Resources Department and the unit injury or illness must have qualified for Worker’s Compensation benefits. The District will comply with applicable law(s) requiring privacy of medical records.
8.3.11 The District has the right to designate physicians and emergency clinics who will be responsible for determining the length of time during which the member will be temporarily unable to perform assigned duties, for determining the degree to which a disability is not medically able attributable to return to all the duties industrial injury or illness involved and for providing the treatment as required. However, after thirty (30) days from the first day of injury or illness, the member may utilize the service of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of own physician upon notification to the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absence.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents or illnesses that are job- incurred, unit members shall be provided leave benefits under the following provisions:
12.6.1 Allowable 19.2.9.1 Paid industrial accident and illness leave shall not be sixty (60) more than 60 working days during which the colleges of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one fiscal year for the same accident.
12.6.2 accident or illness. Allowable leave shall not be accumulated accumulative from year to year.
12.6.3 19.2.9.2 Industrial accident or illness leave shall commence commences on the first (1st) day of absence.
12.6.4 When a faculty member is absent from his/her duties on account of an industrial accident or illness, he/she shall be paid such portion of the salary due him/her for any month in which the absence occurs as, when added to his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
12.6.5 Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity awardup to the maximum allowable amount.
12.6.6 19.2.9.3 When an entitlement to industrial accident or illness leave overlaps into the next fiscal yearhas been exhausted, entitlement to other sick leave shall then be used; but if a Unit Member is receiving Workers’ Compensation, the unit member Unit Member shall be entitled to use only the amount of unused industrial accident or illness leave due him/her for the same illness or injury.
12.6.7 Upon termination so much of the industrial accident Unit Member’s accumulated or illness available sick leave, the unit member shall be entitled to the benefits provided in Education Code Sections 87780accumulated compensating time, 87781 and 87786, and for the purposes of each of these sections his/her absence shall be deemed to have commenced on the date of termination for the industrial accident vacation or illness leave, provided that if the unit member continues to receive temporary dis- ability indemnity, he/she may elect to take as much of his/her accumulated sick other available leave which, which when added to his/her temporary disability indemnitythe Workers’ Compensation award, will result in shall provide for a payment to him/her of not more than his/her full day’s wage or salary.
12.6.8 During any paid 19.2.9.4 Periods of leave of absence, paid or unpaid, shall not be considered to be a break in service of the unit member may Unit Member.
19.2.9.5 During all paid leaves of absence, whether industrial accident or illness, leave, sick leave, vacation, compensated time off or other available leave the Unit Member shall endorse to the District the temporary disability indemnity wage loss benefit checks received on account under the Workers Compensation laws of his/her industrial accident or illnessthis State. The District, in turn, shall issue the unit member Unit Member appropriate salary warrants for payment of the unit member's salary, wages of salary and shall deduct normal retirement, other retirement another authorized contributions, and . Reduction to entitlement to leave shall be made only in accordance with this section.
19.2.9.6 After the temporary disability indemnity, if any, actually expiration of all paid to, and retained byleave privileges, the employee for periods covered by such salary warrantsDistrict may place the Unit Member on an industrial accident leave without pay. The Unit Member shall be notified, in writing, that available paid leave has been exhausted and shall be offered an opportunity to request additional leave.
12.6.9 19.2.9.6.1 Any unit member Unit Member receiving benefits as a result of this section industrial accident leave benefit shall, during periods of injury or illness, remain within the State of California, unless the Governing Board District authorizes travel outside the stateState.
12.6.10 19.2.9.7 When all available leaves of absence absence, paid or unpaid, have been exhausted and if the unit member Unit Member is not medically able to return to all assume the duties of his/her prior assignmentposition, the Unit Member shall, if not placed in another position, be placed on a reemployment list for a period of 39 months. When released by a doctor and the Unit Member is available during the 39-month period, the person shall be employed in a vacant position in the group of the Unit Member’s previous assignment over all other available candidates except for a reemployment list established because of lack of work or lack of funds, in which case the person shall be listed in accordance with the appropriate seniority regulations.
19.2.9.8 A Unit Member who has been placed on a reemployment list, as Provided herein, who has been medically released for return to duty and who fails to accept an appropriate assignment shall be dismissed.
19.2.9.9 While a Unit Member is on any paid leave resulting from an industrial accident or illness, the Unit Member’s salary paid by the District shall provide first (1st) priority not, when added to a normal temporary disability allowance award without penalties granted the Unit Member under State Workers’ Compensation Insurance laws, exceed the Unit Member’s regular salary. A permanent Unit Member’s salary is computed on the basis of the number of hours and days in assigning such a person into classes where his/her disability, in the discretion of the District, does basic assignment.
19.2.9.10 Final allowance for permanent industrial disability settlements shall not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, be subject to remittance to the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absenceunder this section.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Industrial Accident and Illness Leave. For A. Allowable leave for industrial accidents or and illnesses that are job- incurred, unit members shall be provided leave benefits under the following provisions:
12.6.1 Allowable leave shall be for a maximum of sixty (60) days during which the colleges schools of the District SCOE are required to be in session or when the unit member certificated employee would otherwise have been performing work for the District SCOE in any one fiscal year for of the same accident.
12.6.2 B. Allowable leave for industrial accident or illness shall not be accumulated from year to year.
12.6.3 C. Industrial accident or illness leave shall commence on the first (1st) day of absence.
12.6.4 D. When a faculty member certificated employee is absent from his/her duties on account of an any industrial accident or illness, he/she shall be paid such portion of the salary due him/her for any month in which the absence occurs as, as when added to his/her this temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, Worker's Compensation benefit will result in a payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
12.6.5 E. Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity award.
12.6.6 F. When an industrial accident or illness leave overlaps into the next fiscal year, the unit member certificated employee shall be entitled to only the amount of unused industrial accident or illness leave due him/her for the same illness or injury.
12.6.7 G. Upon termination of the sixty (60) days of industrial accident or illness leave, and if the unit member certificated employee is not medically able to return to work, he/she shall be entitled to the benefits provided in Education Code Sections 87780, 87781 and 87786sick leave, and for the purposes of each of these sections sections, his/her absence shall be deemed to have commenced on the date of termination for of the industrial accident or illness leave, provided that if the unit member certificated employee continues to receive temporary dis- ability indemnity, Worker's Compensation benefits he/she may elect to take as much of his/her accumulated sick leave which, when added to his/her temporary disability indemnityWorker's Compensation benefits, will result in a payment to him/her of not more than his/her full salary.
12.6.8 H. During any paid leave of absence, the unit member may certificated employee shall endorse to the District SCOE the temporary disability indemnity Worker's Compensation checks received on account of his/her industrial accident or illness. The DistrictSCOE, in turn, shall issue the unit member certificated employee appropriate salary warrants for in payment of the unit membercertificated employee's salary, salary and shall deduct normal retirement, retirement and other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the employee for periods covered by such salary warrants.
12.6.9 I. The certificated employee shall qualify for the provisions of this policy when he/she assumes a regular position with SCOE.
J. Any unit member certificated employee receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California, California unless the Governing Board Superintendent authorizes travel outside the stateState.
12.6.10 When all available leaves K. A certificated employee requesting or claiming leave of absence have been exhausted and from an industrial accident or illness is required to provide a doctor's statement verifying that the unit member certificated employee is not medically unable to fulfill his/her regular duties because of the injury or illness.
L. A certificated employee returning to his/her position from an industrial accident or illness under the provisions of this policy is required to submit a doctor's statement verifying that he/she is able to return to all resume the duties responsibilities of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absence.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents (Workers Compensation)
10.8.1 Leave of absence is provided, in accordance with provisions of Education Code Section 44984 as provided herein. In all cases of industrial accident and illness, the employee shall notify the site administrator immediately when an injury or illnesses that are job- incurred, unit members shall be provided illness arises out of and in the course of employment. The provisions of allowable leave benefits under include the following provisions:
12.6.1 10.8.1.1 Allowable leave shall be sixty (60) for not less than 60 days during which the colleges schools of the District are required to be in session or when the unit member employee would otherwise have been performing work for the District in any one fiscal year for the same accident.
12.6.2 10.8.1.2 Allowable leave shall not be accumulated from year to year.
12.6.3 10.8.1.3 Industrial accident or illness leave shall commence on the first (1st) day of absence.
12.6.4 10.8.1.4 When a faculty member an employee is absent from his/her for duties on account of an industrial accident or illness, he/she the employee shall be paid such portion of the salary due him/her for any month in which the absence occurs as, when added to his/her any temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her the employee's full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
12.6.5 10.8.1.5 Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity award.
12.6.6 10.8.1.6 When an industrial accident or illness leave overlaps into the next fiscal year, the unit member employee shall be entitled to only the amount of unused industrial accident or illness leave due him/her for the same illness or injury.
12.6.7 10.8.2 Upon termination of the industrial accident or illness leave, the unit member employee shall be entitled to the benefits as provided in Education Code Sections 87780section 1 herein. For the purpose of this provision, 87781 and 87786, and for the purposes of each of these sections his/her absence shall be deemed to have commenced on the date of termination for of the industrial accident or illness leave, provided that if the unit member employee continues to receive temporary dis- ability disability indemnity, he/she may elect to take as much of his/her their accumulated sick leave which, when added to his/her any temporary disability indemnity, will result in a payment to him/her of not more than his/her the employee's full salary.
12.6.8 10.8.3 Upon termination of the industrial accident or illness leave, the employee shall be entitled to the benefits provided in Education Code Sections 44977, 44978, 44983. This allows the employee to utilize, in the current year, ten (10) days of sick leave, and then allows for a five (5) school month leave. The employee would use accumulated sick leave during this time. When the accumulated sick leave is exhausted, the employee would be entitled to substitute differential pay.
10.8.4 During any paid leave of absence, the unit member employee may endorse to the District the temporary disability indemnity checks received on account of his/her the industrial accident or illness. The District, in turn, shall issue the unit member employee appropriate salary warrants for payment of the unit memberemployee's salary, salary and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, to and retained by, by the employee for periods covered by such salary warrants.
12.6.9 10.8.5 Any unit member employee receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California, California unless the Governing Board governing board authorizes travel outside the state.
12.6.10 When all available leaves of absence have been exhausted and the unit member is not medically able to return to all the duties of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absence.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents or illnesses that are job- incurreda. Only to the extent provided by law, members of the unit members shall be provided industrial accident and illness leave benefits under the following provisions:
12.6.1 Allowable (1) allowable leave shall be sixty (60) for not less than 60 days during which the colleges schools of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one fiscal year for the same accident.sameaccident;
12.6.2 Allowable (2) allowable leave shall not be accumulated from year to year.;
12.6.3 Industrial (3) industrial accident or illness leave shall commence on the first (1st) day of absence, or when the illness or condition is determined to have begun, and the allowable 60 days shall be used first.
12.6.4 When a faculty member (4) all accrued regular full salary sick leave may be used when the industrial accident/illness leave (60 days) expires.
(5) half-salary sick leave and money from the Workers' Compensation fund is absent from his/her duties on account of an industrial accident or illness, he/she shall be paid such portion of the used when full salary due him/her for any month in which the absence occurs as, when added to his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her full salarysick-leave expires. The phrase, "full salary," as utilized in this section, shall be computed so that it aggregate amount of half-salary sick leave and Workers' Compensation contribution shall not be less than exceed the unit memberemployee's "average weekly earnings" as that phrase is utilized in Section 4453 of sick leave entitlement prior to the Labor Code. For purposes of this section, howeverillness.
(6) after all paid benefits are exhausted, the maximum and minimum average weekly earnings set forth in Section 4453 of employee shall receive any remaining money due him or her from the Labor Code shall otherwise not be deemed applicableWorkers' Compensation Fund.
12.6.5 Industrial accident or illness leave shall be reduced by one (17) day for each day of authorized absence regardless of a temporary disability indemnity award.
12.6.6 When when an industrial accident or illness leave overlaps into the next fiscal year, the unit member shall be entitled to only the amount of unused industrial accident or illness leave due him/her for the same illness or injury.;
12.6.7 Upon (8) upon termination of the industrial accident or illness leave, the unit member shall be entitled to the benefits provided in Education Code Sections Section 87780, 87781 87781, and 87786, and for the purposes of each of these sections those sections, his/her absence shall be deemed to have commenced on the date of termination for of the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability disability indemnity, he/she may elect to take as much of his/her accumulated sick leave which, when added to his/her temporary disability indemnity, will result in a payment to him/her of not more than his/her full salary.;
12.6.8 During (9) during any paid leave of absence, the unit member may endorse to the District the temporary disability indemnity checks received on account of his/her industrial accident or illness. The Districtchecks shall be endorsed and immediately turned over to the District upon receipt, or if retained by the member, the member shall immediately notify the District of the amount of the temporary disability indemnity payment. The District in turn, shall issue the unit member appropriate salary warrants for payment of the unit member's salary, and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, to and retained by, by the employee member for periods covered by such salary warrants.;
12.6.9 Any unit (10) any member receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California, California unless the Governing Board authorizes authorized travel outside the state.
12.6.10 When all available leaves (11) the Governing Board may, at its discretion, by rule or regulation, provide for such additional leave of absence have been exhausted and for industrial accident or illness as it deems appropriate;
(12) at the District’s request, the unit member shall provide the District with his/her physician’s report of the unit member’s physical condition. The requested medical reports shall be submitted to the District not later than one week after the District request is made. Employees returning to work from industrial accident or illness leave shall be required to present a physician’s unconditional release verifying that the unit member is not medically able to return to all the duties of his/her prior assignmentfull-time work, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualifiedincluding any restrictions on extra duty assignments. With mutual agreement with If the unit member’s physician fails to meet this requirement, the District may also assign require the unit member to submit to an employee into examination by a position District designated physician provided that can reasonably accommodate his/her performance the District pays the cost of duties such examination. Employees returning to work from industrial accident or illness leave shall be required by to present a physician’s release verifying medical permission to return to work, including any restrictions, and
(13) upon returning to duty, an absence report form shall be filed with the position, despite his/her disability, prior to the exhaustion of leave of absenceappropriate administrative office.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents 17.5.1 Unit members are eligible for industrial accident or illnesses that are job- incurred, unit members illness leave as required by Education Code section 44984. Allowable leave shall be provided leave benefits under for up to sixty (60) days.
17.5.2 Leaves shall be granted as required by Education Code section 44984 which, at the time of this Agreement, includes the following provisions:
12.6.1 17.5.2.1 Allowable leave shall be for not less than sixty (60) days during which the colleges schools of the District are required to be in session or when the unit member employee would otherwise have been performing work for the District in any one (1) fiscal year for the same accident.
12.6.2 17.5.2.2 Allowable leave shall not be accumulated from year to year.
12.6.3 17.5.2.3 Industrial accident or illness leave shall commence on the first (1st) day of absence.
12.6.4 17.5.2.4 When a faculty member certificated employee is absent from his/her duties on account of an industrial accident or illness, he/she shall be paid such portion of the salary due him/her for any month in which the absence occurs as, when added to his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her full salary. The phrase, phrase "full salary," as utilized in this sectionsubdivision, shall be computed so that it shall not be less than the unit memberemployee's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
12.6.5 17.5.2.5 Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity award.
12.6.6 17.5.2.6 When an industrial accident or illness leave overlaps into the next fiscal year, the unit member employee shall be entitled to only the amount of unused industrial accident or illness leave due him/her him for the same illness or injury.
12.6.7 . Upon termination of the industrial accident or illness leave, the unit member employee shall be entitled to the benefits provided in Education Code Sections 8778044977, 87781 44978 and 8778644983, and for the purposes of each of these sections sections, his/her absence shall be deemed to have commenced on the date of termination for of the industrial accident or illness leave, provided that if the unit member employee continues to receive temporary dis- ability disability indemnity, he/she may elect to take as much of his/her accumulated sick leave which, when added to his/her temporary disability indemnity, will result in a payment to him/her of not more than his/her full salary.
12.6.8 . During any paid leave of absence, the unit member employee may endorse to the District the temporary disability indemnity checks received on account of his/her industrial accident or illness. The District, in turn, shall issue the unit member employee appropriate salary warrants for payment of the unit memberemployee's salary, salary and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, to and retained by, by the employee for periods covered by such salary warrants.
12.6.9 . Any unit member employee receiving benefits as a result of this section shall, during periods of injury or illness, remain within with the State of California, California unless the Governing Board authorizes travel outside the state.
12.6.10 When all available leaves of absence have been exhausted and the unit member is not medically able to return to all the duties of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absence.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents or illnesses that are job- incurred, unit members shall be provided leave benefits under the following provisions:
12.6.1 Allowable 19.2.9.1 Paid industrial accident and illness leave shall not be sixty (60) more than 60 working days during which the colleges of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one fiscal year for the same accident.
12.6.2 accident or illness. Allowable leave shall not be accumulated accumulative from year to year.
12.6.3 19.2.9.2 Industrial accident or illness leave shall commence commences on the first (1st) day of absence.
12.6.4 When a faculty member is absent from his/her duties on account of an industrial accident or illness, he/she shall be paid such portion of the salary due him/her for any month in which the absence occurs as, when added to his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
12.6.5 Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity awardup to the maximum allowable amount.
12.6.6 19.2.9.3 When an entitlement to industrial accident or illness leave overlaps into the next fiscal yearhas been exhausted, entitlement to other sick leave shall then be used; but if a Unit Member is receiving Workers’ Compensation, the unit member Unit Member shall be entitled to use only the amount of unused industrial accident or illness leave due him/her for the same illness or injury.
12.6.7 Upon termination so much of the industrial accident Unit Member’s accumulated or illness available sick leave, the unit member shall be entitled to the benefits provided in Education Code Sections 87780accumulated compensating time, 87781 and 87786, and for the purposes of each of these sections his/her absence shall be deemed to have commenced on the date of termination for the industrial accident vacation or illness leave, provided that if the unit member continues to receive temporary dis- ability indemnity, he/she may elect to take as much of his/her accumulated sick other available leave which, which when added to his/her temporary disability indemnitythe Workers’ Compensation award, will result in shall provide for a payment to him/her of not more than his/her full day’s wage or salary.
12.6.8 During any paid 19.2.9.4 Periods of leave of absence, paid or unpaid, shall not be considered to be a break in service of the unit member may Unit Member.
19.2.9.5 During all paid leaves of absence, whether industrial accident or illness, leave, sick leave, vacation, compensated time off or other available leave the Unit Member shall endorse to the District the temporary disability indemnity wage loss benefit checks received on account under the Workers Compensation laws of his/her industrial accident or illnessthis State. The District, in turn, shall issue the unit member Unit Member appropriate salary warrants for payment of the unit member's salary, wages of salary and shall deduct normal retirement, other retirement another authorized contributions, and . Reduction to entitlement to leave shall be made only in accordance with this section.
19.2.9.6 After the temporary disability indemnity, if any, actually expiration of all paid to, and retained byleave privileges, the employee for periods covered by such salary warrantsDistrict may place the Unit Member on an industrial accident leave without pay. The Unit Member shall be notified, in writing, that available paid leave has been exhausted and shall be offered an opportunity to request additional leave.
12.6.9 19.2.9.6.1 Any unit member Unit Member receiving benefits as a result of this section industrial accident leave benefit shall, during periods of injury or illness, remain within the State of California, unless the Governing Board District authorizes travel outside the stateState.
12.6.10 19.2.9.7 When all available leaves of absence absence, paid or unpaid, have been exhausted and if the unit member Unit Member is not medically able to return to all assume the duties of his/her prior assignmentposition, the Unit Member shall, if not placed in another position, be placed on a reemployment list for a period of 39 months. When released by a doctor and the Unit Member is available during the 39-month period, the person shall be employed in a vacant position in the group of the Unit Member’s previous assignment over all other available candidates except for a reemployment list established because of lack of work or lack of funds, in which case the person shall be listed in accordance with the appropriate seniority regulations.
19.2.9.8 A Unit Member who has been placed on a reemployment list, as Provided herein, who has been medically released for return to duty and who fails to accept an appropriate assignment shall be dismissed.
19.2.9.9 While a Unit Member is on any paid leave resulting from an industrial accident or illness, the Unit Member’s salary paid by the District shall provide first (1st) priority not, when added to a normal temporary disability allowance award without penalties granted the Unit Member under State Workers’ Compensation Insurance laws, exceed the Unit Member’s regular salary. A permanent Unit Member’s salary is computed on the basis of the number of hours and days in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absencebasic assignment.
19.2.9.10 Final allowance for permanent industrial disability settlements shall not
Appears in 1 contract
Samples: Collective Bargaining Agreement
Industrial Accident and Illness Leave. A. For accidents or illnesses that which are job- job-incurred, unit members shall be provided leave benefits under the following provisions:
12.6.1 1. Allowable leave shall be sixty (60) days during which the colleges schools of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one (1) fiscal year for the same accident.
12.6.2 2. Allowable leave shall not be accumulated from year to year.
12.6.3 3. Industrial accident or illness leave shall commence on the first (1st) day of absence.
12.6.4 4. When a faculty certificated unit member is absent from his/her duties on account of an industrial accident or illness, he/she shall be paid such portion of the salary due him/her for any month in which the absence occurs as, when added to his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, section shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
12.6.5 5. Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity award.
12.6.6 6. When an industrial accident or illness leave overlaps into the next fiscal year, the unit member shall be entitled only to only the amount of unused industrial accident or illness leave due him/her for the same illness or injury.
12.6.7 Upon termination 7. Termination of the industrial accident or illness leave, the unit member shall be entitled to the benefits provided in Education Code Sections 87780, 87781 and 87786, and for the purposes of each of these sections his/her absence shall be deemed to have commenced on the date of termination for of the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability disability indemnity, he/she may elect to take as much of his/her accumulated sick leave which, when added to his/her temporary disability indemnity, will result in a payment to him/her of not more than his/her full salary.
12.6.8 During any paid leave of absence, the unit member may endorse to the District the temporary disability indemnity checks received on account of his/her industrial accident or illness. The District, in turn, shall issue the unit member appropriate salary warrants for payment of the unit member's salary, and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the employee for periods covered by such salary warrants.
12.6.9 Any unit member receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California, unless the Governing Board authorizes travel outside the state.
12.6.10 When all available leaves of absence have been exhausted and the unit member is not medically able to return to all the duties of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absence.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents or illnesses that are job- incurred, unit members 11.5.1 An employee shall be provided entitled to an industrial accident or illness leave benefits under the following provisions:
12.6.1 Allowable leave shall be of up to sixty (60) working days during which the colleges of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one fiscal year for the same accident.
12.6.2 Allowable accident or illness. This leave shall commence on the first day of absence and shall not be accumulated from year to year, and when any leave overlaps a fiscal year, the employee shall be entitled to only that amount remaining at the end of the fiscal year in which the injury or illness occurred.
12.6.3 Industrial 11.5.2 Payment for wages lost on any day shall not, when added to an award granted the employee under the Worker’s Compensation Laws of this State, exceed the normal wage for the day.
11.5.3 The industrial accident or illness leave shall commence on the first (1st) day is to be used in lieu of absence.
12.6.4 normal sick leave benefits. When a faculty member is absent from his/her duties on account of an entitlement to industrial accident or illnessillness leave under this section has been exhausted, entitlement to other sick leave, vacation, or other paid leave shall then be used. If, however, an employee is still receiving temporary disability payments under the Worker’s Compensation Laws of this State at the time of the exhaustion of benefits under this section, he/she shall be paid such portion of the salary due him/her for any month in which the absence occurs as, when added to his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
12.6.5 Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity award.
12.6.6 When an industrial accident or illness leave overlaps into the next fiscal year, the unit member shall be entitled to use only the amount of unused industrial accident or illness leave due him/her for the same illness or injury.
12.6.7 Upon termination of the industrial accident or illness leave, the unit member shall be entitled to the benefits provided in Education Code Sections 87780, 87781 and 87786, and for the purposes of each of these sections his/her absence shall be deemed to have commenced on the date of termination for the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability indemnity, he/she may elect to take as so much of his/her accumulated and available normal sick leave and vacation leave which, when added to the Worker’s Compensation award, provides for a day’s pay at the regular rate of pay.
11.5.4 Any time an employee on industrial accident or illness leave is able to return to work, he/she shall be reinstated in his/her temporary disability indemnity, will result in a payment to him/her original position where practicable and without suffering any loss of not more than his/her full salaryemployment status or benefits.
12.6.8 During any paid 11.5.5 Periods of leave of absence, the unit member may endorse to the District the temporary disability indemnity checks received on account of his/her industrial accident paid or illness. The District, in turnunpaid, shall issue the unit member appropriate salary warrants for payment not be considered to be a break-in-service of the unit member's salary, and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the employee for periods covered by such salary warrantsemployee.
12.6.9 Any unit member receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California, unless the Governing Board authorizes travel outside the state.
12.6.10 11.5.6 When all available leaves of absence absence, paid or unpaid, have been exhausted exhausted, and if the unit member employee is not medically able to return to all assume the duties of his/her prior assignmentthe person’s position, the District person shall, if not placed in another position, be placed on a reemployment list for a period of thirty-nine (39) months. When available during the thirty-nine (39) month period, the person shall provide first (1st) priority be employed in assigning such a person into classes where his/her disabilityvacant position in the class of the person’s previous assignment over all other available candidates, except for a reemployment list established because of lack of work or lack of funds, in which case the discretion of the Districtperson shall be listed in accordance with appropriate seniority regulations.
11.5.7 Whenever possible, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior injuries shall be reported within twenty-four (24) hours to the exhaustion of leave of absencebusiness office on forms provided for this purpose.
11.5.8 Whenever possible, serious accidents or accidents requiring immediate hospitalization should be reported immediately by phone to the business office.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents or illnesses that are job- incurred, unit members shall be provided leave benefits under the following provisions:
12.6.1 Allowable a) Such leave shall be granted for bona fide injuries or illnesses which arise out of and in the course of employment of the employee and which have the approval of the State Compensation Fund.
b) Leave shall be allowable for up to sixty (60) days for the same accident during which the colleges schools of the District are required to be in session or when the unit member employee would otherwise have been performing work for the District in any one fiscal year for the same accidentyear.
12.6.2 c) Allowable leave shall not be accumulated from year to year.
12.6.3 d) Industrial accident or illness leave shall commence on the first (1st) day of absence.
12.6.4 e) When a faculty member certificated employee is absent from his/her duties on account of an industrial accident or illness, any combined benefits for which he/she is eligible shall be paid such portion of the salary due him/her for any month in which the absence occurs as, when added to his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will at no time result in a the payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it shall not be less than the unit memberemployee's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
12.6.5 Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity award.
12.6.6 When an industrial accident or illness leave overlaps into the next fiscal year, the unit member shall be entitled to only the amount of unused industrial accident or illness leave due him/her for the same illness or injury.
12.6.7 Upon termination of the industrial accident or illness leave, the unit member shall be entitled to the benefits provided in Education Code Sections 87780, 87781 and 87786, and for the purposes of each of these sections his/her absence shall be deemed to have commenced on the date of termination for the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability indemnity, he/she may elect to take as much of his/her accumulated sick leave which, when added to his/her temporary disability indemnity, will result in a payment to him/her of not more than his/her full total monthly salary.
12.6.8 f) During any paid leave of absence, the unit member employee may endorse to the District the temporary disability indemnity checks received on account of his/her industrial accident or illness. The District, in turn, shall issue the unit member employee appropriate salary warrants for payment of the unit memberemployee's salary, salary and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, to and retained by, by the employee for periods covered by such salary warrants.
12.6.9 Any unit member receiving benefits as a result of this section shall, during periods of injury g) An employee shall be deemed to have recovered from an industrial accident or illness, remain within the State of California, unless the Governing Board authorizes travel outside the state.
12.6.10 When all available leaves of absence have been exhausted and the unit member is not medically thereby able to return to all the duties of work, at such time as he/she and his/her prior assignmentphysician agree that there has been such a recovery. The District may require a verification of the extent of disability through consultation with the employee's physician or through a physical examination of the employee by a physician appointed by the District.
h) Industrial accident or illness leave shall be reduced by one day for each day of authorized absence regardless of a temporary disability indemnity award.
i) When an industrial accident or illness leave overlaps into the next fiscal year, the District employee shall provide first (1stbe entitled to only the amount of unused leave due him/her for the same illness or injury.
j) priority Upon termination of the industrial accident or illness leave, the employee shall be entitled to the benefits provided in assigning such a person into classes where Section A.1., Use of Sick Leave, in this Article. For the purposes of each of these benefits, his/her disability, in absence shall be deemed to have commenced on the discretion date of termination of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absenceindustrial accident or illness leave.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents or illnesses that 1. In accordance with Education Code Section 45192, employees of the classified service are job- incurred, unit members shall be provided leave benefits under entitled to .Industrial Accident and Illness Leave subject to the following provisionsfollowing:
12.6.1 a. Allowable leave shall not be sixty (60) for less than 60 working days during which the colleges of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one fiscal year for the same accident.
12.6.2 b. Allowable leave shall not be accumulated cumulative from year to year.
12.6.3 c. Industrial accident or illness leave shall will commence on the first (1st) day of absence.
12.6.4 When a faculty member is absent from his/her duties d. Payment for wages lost on account of an industrial accident or illness, he/she any day shall be paid such portion of the salary due him/her for any month in which the absence occurs asnot, when added to his/her temporary disability indemnity an award granted the employee under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes workers' compensation laws of this sectionstate, however, exceed the maximum and minimum average weekly earnings set forth in Section 4453 of normal wage for the Labor Code shall otherwise not be deemed applicableday.
12.6.5 e. Industrial accident or illness leave shall will be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity awardcompensation awarded under workers' compensation.
12.6.6 f. When an industrial accident or illness leave overlaps into occurs at a time when the full 60 days will overlap in the next fiscal year, the unit member employee shall be entitled to only that amount remaining at the amount end of unused industrial accident the fiscal year in which the injury or illness leave due him/her occurred, for the same illness or injury.
12.6.7 Upon termination g. Industrial Accident or Illness Leave of the Absence is to be used in lieu of Illness or Injury Leave of Absence. When entitlement to industrial accident or illness leaveleave has been exhausted, the unit member shall be entitled entitlement to the benefits provided in Education Code Sections 87780, 87781 and 87786, and for the purposes of each of these sections his/her absence shall be deemed to have commenced on the date of termination for the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability indemnity, he/she may elect to take as much of his/her accumulated other sick leave which, when added to his/her temporary disability indemnity, will result in a payment to him/her of not more than his/her full salarythen be used.
12.6.8 During any paid leave of absence, the unit member may endorse to the District the temporary disability indemnity checks received on account of his/her industrial accident or illness. The District, in turn, shall issue the unit member appropriate salary warrants for payment of the unit member's salary, and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the h. Any employee for periods covered by such salary warrants.
12.6.9 Any unit member receiving benefits as a result of this section under Industrial Accident or Illness Leave shall, during periods of injury or illness, remain within the State of California, unless the Governing Board District authorizes travel outside the state.
12.6.10 i. The District shall have the right to require all employees who are claiming a work-related injury or illness to be examined by a physician of the District's choice.
2. When all available leaves of absence absence, paid or unpaid, have been exhausted following an industrial accident or illness, and if the unit member employee is not medically able to return to all assume the duties of his/her prior assignmentposition, he/she shall, if not placed in another position, be placed on a reemployment list for a period of 39 months. When available, during the District 39-month period, he/she shall provide first (1st) priority be employed in assigning such a person into classes where vacant position in the class of his/her disabilityprevious assignment over all other available candidates except for a reemployment list established because of a lack of work or lack of funds, in the discretion of the District, does not hinder the performance of the duties required of him/her if which case he/she is otherwise qualifiedshall be listed in accordance with appropriate seniority regulations. With mutual agreement with the unit memberAn employee who has been placed on a reemployment list who has been medically released for return to duty and who fails to accept an appropriate assignment, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absenceshall be dismissed.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents A unit member who is 17 absent from duty because of an industrial accident or illnesses that are job- incurred, unit members illness shall be entitled to 18 leave in accordance with this section and law. Except as provided for in Article
19 16.5.1 a unit member must have attained permanent status before being eligible 20 for industrial accident leave benefits under this section.
21 16.5.1 Any absence which is supported by a doctor's certificate and 22 which is verified by the following provisions:District's administering agency as qualified for Worker's 23 Compensation, is an absence payable under the industrial accident and illness 24 leave. During the period of determination by the administering agency, the payroll 25 charge will be made to the unit member's sick leave account. If the claim is 26 approved, an adjustment will then be made, restoring to the unit member the sick 27 leave previously charged from the first day of absence and making a charge in lieu 28 thereof to industrial accident and illness leave. For purposes of this article, the 29 “administering agency” is defined as the third party administrator (TPA).
12.6.1 Allowable leave shall be 30 16.5.2 A maximum of sixty (60) working days during which the colleges of the District are required to be in session or when the unit member would otherwise have been performing work for the District industrial accident 31 and illness leave is allowable in any one fiscal year for the same illness or accident. 32 Eligibility for industrial accident and illness leave will continue for only such period 33 as the unit member qualifies under the Worker's Compensation laws. An industrial 34 accident or illness leave may overlap into the next fiscal year by no more than the 35 amount of leave remaining at the end of the fiscal year in which the injury or illness 36 occurred.
12.6.2 Allowable 1 16.5.3 Industrial accident or illness leave shall not be accumulated accumulative 2 from year to year.
12.6.3 Industrial accident or illness leave 3 16.5.4 Payments for wages lost on any day shall commence on the first (1st) day of absence.
12.6.4 When a faculty member is absent from his/her duties on account of an industrial accident or illness, he/she shall be paid such portion of the salary due him/her for any month in which the absence occurs asnot, when added to his/her temporary disability indemnity 4 an award granted the unit member under Division 4 or Division 4.5 (commencing with Section 6100) the Worker's Compensation laws of this 5 state, exceed the Labor Code, will result in a payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it shall not be less than normal wage for the day.
6 16.5.5 Should the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
12.6.5 Industrial absence due to industrial accident 7 or illness leave shall be reduced by one extend beyond sixty (160) day for each day of authorized absence regardless of a temporary disability indemnity award.
12.6.6 When an industrial accident or illness leave overlaps into the next fiscal yearworkdays, the unit member shall be entitled permitted 8 to use only the amount of unused industrial accident or illness leave due him/her for the same illness or injury.
12.6.7 Upon termination of the industrial accident or illness leave, the unit member shall be entitled to the benefits provided in Education Code Sections 87780, 87781 and 87786, and for the purposes of each of these sections his/her absence shall be deemed to have commenced on the date of termination for the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability indemnity, he/she may elect to take as much of his/her accumulated sick leave leave, compensatory time and/or 9 vacation which, when added to his/her temporary disability indemnitythe Worker's Compensation award, will result in provides a payment to him/her of not more than his/her full salary10 normal wage for the day.
12.6.8 During any paid leave of absence, 11 16.5.6 Should the unit member may endorse to member's absence extend beyond all entitled 13 leave without pay for a period of three (3) months from the District the temporary disability indemnity checks received on account date all of his/her industrial accident or illness. The District, in turn, shall issue the unit member appropriate salary warrants for payment paid 14 leave of the unit member's salary, and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the employee for periods covered by such salary warrantsabsence benefits are exhausted.
12.6.9 Any unit member receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California, unless the Governing Board authorizes travel outside the state.
12.6.10 When all available leaves of absence have been exhausted and 15 16.5.7 If the unit member is not medically able to return to all assume the duties 16 of his/her prior assignmentposition after all industrial accident and illness leave, the District shall provide first (1st) priority in assigning such a person into classes where sick leave, 17 vacation, compensatory time and extended-illness absence leave have been 18 exhausted, his/her disabilityname shall be placed on a reemployment list for a period of 19 thirty-nine (39) months. When medically released for return to duty during the 20 thirty-nine (39) month period, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with shall be employed in the unit member, first vacant position 21 in the District may also assign an employee into a position that can reasonably accommodate class of his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absence.previous assignment over all other available candidates,
Appears in 1 contract
Samples: Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents 22.1 All unit members are covered by Workers' Compensation Insurance. All injuries, no matter how trivial, must be reported as soon as possible after the occurrence to the supervisor. All absence due to injury or illnesses that are job- incurredillness arising out of, and in the course of, employment shall be provided for in accordance with 87042 of the Education Code.
22.2 All unit members shall be provided eligible for industrial accident and illness leave. The number of days of leave benefits under allowed for one accident, or the following provisions:
12.6.1 Allowable leave total number of days allowed in one fiscal year for one accident, shall not be for more than sixty (60) days during which the colleges working days. A day of the District are required to leave, for purposes of this section, shall be in session or defined as a day when the unit member would otherwise have been performing required to perform work for the District in any one fiscal year for the same accidentDistrict.
12.6.2 22.3 Allowable leave of absence as described in this section shall not be accumulated accumulate from one year to year.
12.6.3 Industrial accident another, except that when an illness or illness leave shall commence on injury occurs at a time when the first full sixty (1st60) day of absence.
12.6.4 When a faculty member is absent from his/her duties on account of an industrial accident or illness, he/she shall be paid such portion of the salary due him/her for any month in which the absence occurs as, when added to his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, days will result in a payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
12.6.5 Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity award.
12.6.6 When an industrial accident or illness leave overlaps overlap into the next fiscal year, the unit member shall be entitled to only that amount remaining at the amount end of unused industrial accident the fiscal year in which the injury or illness leave due him/her occurred, for the same illness or injury.
12.6.7 Upon termination 22.4 Industrial accident or illness leave shall commence on the first day of absence. Such leave will be reduced one day for each day of absence when a temporary disability is awarded.
22.5 During this period of absence, unit members shall receive that portion of their salary which, when added to the temporary disability compensation will not exceed their normal salary. The District shall deduct retirement, income tax and all other authorized deductions from salary payments made under the provisions of this section. Prior to receipt of salary payments made to an unit member under the terms of this leave, a copy of the Employer's Report of Industrial Injury must be filed with the Human Resources Department representative.
22.6 The industrial accident or illness leave of absence is to be used in lieu of sick leave. When entitlement to industrial accident or illness leave has been exhausted, entitlement to other sick leave will then be used. Unit members receiving Workers’ Compensation awards shall be entitled to use only so much of their accumulated sick leave, compensatory time off, vacation or other available leave which when added to the worker's compensation award, provide for a full day's wage or salary.
22.7 During all paid leaves of absences as herein described, the unit member shall be entitled endorse to the District all temporary disability compensation checks received.
22.8 In order to receive benefits provided in Education Code Sections 87780under this section, 87781 and 87786, and for the purposes of each of these sections his/her absence shall be deemed to have commenced on the date of termination for the industrial accident or illness leave, provided that if the a unit member continues must remain in the State of California unless authorized to receive temporary dis- ability indemnity, he/she may elect to take as much travel outside of his/her accumulated sick leave which, when added to his/her temporary disability indemnity, will result in a payment to him/her of not more than his/her full salarythe State by the District.
12.6.8 During any paid 22.9 Periods of leave of absence, paid or unpaid, taken under the unit member may endorse to the District the temporary disability indemnity checks received on account provisions of his/her industrial accident or illness. The District, in turnthis section, shall issue the unit member appropriate salary warrants for payment not be considered a break in service of the unit member's salary, and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the employee for periods covered by such salary warrants.
12.6.9 Any unit member receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California, unless the Governing Board authorizes travel outside the state.
12.6.10 When all available leaves of absence have been exhausted and the unit member is not medically able to return to all the duties of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absence.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents or illnesses that are job- incurred, unit Unit members shall be provided entitled to industrial accident and illness leave benefits under in accordance with the following provisions:
12.6.1 Allowable leave 11.5.1 A unit member suffering an injury or illness arising out of and in the course and scope of his/her/their employment shall be entitled to a leave of sixty (60) working days during which the colleges of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one fiscal year for the same accident.
12.6.2 Allowable accident or illness. This leave shall not be accumulated from year to year.
12.6.3 Industrial accident or illness , and when any leave shall commence on the first (1st) day of absence.
12.6.4 When will overlap a faculty member is absent from his/her duties on account of an industrial accident or illness, he/she shall be paid such portion of the salary due him/her for any month in which the absence occurs as, when added to his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
12.6.5 Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity award.
12.6.6 When an industrial accident or illness leave overlaps into the next fiscal year, the unit member shall be entitled to only that amount remaining at the amount end of unused the fiscal year in which the injury or illness occurred.
11.5.2 Payment for wages lost on any day shall not, when added to an award granted the unit member under the Worker's Compensation laws of this state, exceed the normal wage for the day. During all paid leaves of absence, whether industrial accident leave as provided in this section, sick leave, vacation, compensatory time off or other available leave provided by law or the action of a governing board, the unit member shall endorse to the District wage loss benefit checks received under the Worker's Compensation laws of this state.
11.5.3 The industrial accident or illness leave due himis to be used in lieu of normal sick leave benefits. When entitlement to industrial or illness leave under this section has been exhausted, entitlement to other sick leave, vacation, or other paid leave will then be used. If, however, a unit member is still receiving Worker's Compensation benefits at the time of the exhaustion of benefits under this section, he/her she/they shall be entitled to use only so much of his/her/their accumulated and available normal sick leave and vacation leave, which, when added to the Worker's Compensation award, provides for a day's pay at the same illness or injuryregular rate of pay.
12.6.7 Upon termination 11.5.4 When all available leaves of the industrial accident absence, paid or illness leaveunpaid, have been exhausted, the unit member shall be entitled to the benefits provided in Education Code Sections 87780, 87781 and 87786, and placed on a re-employment list for the purposes a period of each of these sections his/her absence shall be deemed to have commenced on the date of termination for the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability indemnity, he/she may elect to take as much of his/her accumulated sick leave which, when added to his/her temporary disability indemnity, will result in a payment to him/her of not more than his/her full salary.
12.6.8 During any paid leave of absence, the unit member may endorse to the District the temporary disability indemnity checks received on account of his/her industrial accident or illness. The District, in turn, shall issue the unit member appropriate salary warrants for payment of the unit member's salary, and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the employee for periods covered by such salary warrants.
12.6.9 Any unit member receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California, unless the Governing Board authorizes travel outside the state.
12.6.10 When all available leaves of absence have been exhausted and the unit member is not medically able to return to all the duties of his/her prior assignment, the District shall provide first 39 months (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absence.per Article
Appears in 1 contract
Samples: Collective Bargaining Agreement
Industrial Accident and Illness Leave. A. For accidents or illnesses that which are job- job-incurred, unit members shall be provided leave benefits under the following provisions:
12.6.1 (1) Allowable leave shall be sixty (60) days during which the colleges schools of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one (1) fiscal year for the same accident.
12.6.2 (2) Allowable leave shall not be accumulated from year to year.
12.6.3 (3) Industrial accident or illness leave shall commence on the first (1st) day of absence.
12.6.4 (4) When a faculty certificated unit member is absent from his/her duties on account of an industrial accident or illness, he/she shall be paid such portion of the salary due him/her for any month in which the absence occurs as, when added to his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, section shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
12.6.5 (5) Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity award.
12.6.6 (6) When an industrial accident or illness leave overlaps into the next fiscal year, the unit member shall be entitled to only the amount of unused industrial accident or illness leave due him/her for the same illness or injury.
12.6.7 Upon (7) On termination of the industrial accident or illness leave, the unit member shall be entitled to the benefits provided in Education Code Sections 87780, 87781 and 87786, and for the purposes of each of these sections his/her absence shall be deemed to have commenced on the date of termination for of the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability disability indemnity, he/she may elect to take as much of his/her accumulated sick leave which, when added to his/her temporary disability indemnity, indemnity will result in a payment to him/her of not more than his/her full salary.
12.6.8 (8) During any paid leave of absence, the unit member may endorse to the District the temporary disability indemnity checks received on account of his/her industrial accident or illness. The District, in turn, shall issue the unit member appropriate salary warrants for payment of the unit member's salary, and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the employee for periods covered by such salary warrants.
12.6.9 (9) Any unit member receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California, unless the Governing Board authorizes travel outside the state.
12.6.10 When all available leaves of absence have been exhausted and the unit member is not medically able to return to all the duties of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absence.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents or illnesses that are job- incurreda. Only to the extent provided by law, members of the unit members shall be provided industrial accident and illness leave benefits under the following provisions:
12.6.1 Allowable (1) allowable leave shall be sixty (60) for not less than 60 days during which the colleges schools of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one fiscal year for the same accident.;
12.6.2 Allowable (2) allowable leave shall not be accumulated from year to year.;
12.6.3 Industrial (3) industrial accident or illness leave shall commence on the first (1st) day of absence, or when the illness or condition is determined to have begun, and the allowable 60 days shall be used first.
12.6.4 When a faculty member (4) all accrued regular full salary sick leave may be used when the industrial accident/illness leave (60 days) expires.
(5) half-salary sick leave and money from the Workers' Compensation fund is absent from his/her duties on account of an industrial accident or illness, he/she shall be paid such portion of the used when full salary due him/her for any month in which the absence occurs as, when added to his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her full salarysick-leave expires. The phrase, "full salary," as utilized in this section, shall be computed so that it aggregate amount of half-salary sick leave and Workers' Compensation contribution shall not be less than exceed the unit memberemployee's "average weekly earnings" as that phrase is utilized in Section 4453 of sick leave entitlement prior to the Labor Code. For purposes of this section, howeverillness.
(6) after all paid benefits are exhausted, the maximum and minimum average weekly earnings set forth in Section 4453 of employee shall receive any remaining money due him or her from the Labor Code shall otherwise not be deemed applicableWorkers' Compensation Fund.
12.6.5 Industrial accident or illness leave shall be reduced by one (17) day for each day of authorized absence regardless of a temporary disability indemnity award.
12.6.6 When when an industrial accident or illness leave overlaps into the next fiscal year, the unit member shall be entitled to only the amount of unused industrial accident or illness leave due him/her for the same illness or injury.;
12.6.7 Upon (8) upon termination of the industrial accident or illness leave, the unit member shall be entitled to the benefits provided in Education Code Sections Section 87780, 87781 87781, and 87786, and for the purposes of each of these sections those sections, his/her absence shall be deemed to have commenced on the date of termination for of the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability disability indemnity, he/she may elect to take as much of his/her accumulated sick leave which, when added to his/her temporary disability indemnity, will result in a payment to him/her of not more than his/her full salary.;
12.6.8 During (9) during any paid leave of absence, the unit member may endorse to the District the temporary disability indemnity checks received on account of his/her industrial accident or illness. The Districtchecks shall be endorsed and immediately turned over to the District upon receipt, or if retained by the member, the member shall immediately notify the District of the amount of the temporary disability indemnity payment. The District in turn, shall issue the unit member appropriate salary warrants for payment of the unit member's salary, and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, to and retained by, by the employee member for periods covered by such salary warrants.;
12.6.9 Any unit (10) any member receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California, California unless the Governing Board authorizes authorized travel outside the state.
12.6.10 When all available leaves (11) the Governing Board may, at its discretion, by rule or regulation, provide for such additional leave of absence have been exhausted and for industrial accident or illness as it deems appropriate;
(12) at the District‘s request, the unit member shall provide the District with his/her physician‘s report of the unit member‘s physical condition. The requested medical reports shall be submitted to the District not later than one week after the District request is made. Employees returning to work from industrial accident or illness leave shall be required to present a physician‘s unconditional release verifying that the unit member is not medically able to return to all the duties of his/her prior assignmentfull-time work, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualifiedincluding any restrictions on extra duty assignments. With mutual agreement with If the unit membermember‘s physician fails to meet this requirement, the District may also assign require the unit member to submit to an employee into examination by a position District designated physician provided that can reasonably accommodate his/her performance the District pays the cost of duties such examination. Employees returning to work from industrial accident or illness leave shall be required by to present a physician‘s release verifying medical permission to return to work, including any restrictions, and
(13) upon returning to duty, an absence report form shall be filed with the position, despite his/her disability, prior to the exhaustion of leave of absenceappropriate administrative office.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents Workers’ Compensation)
11.12.1 Employees will be entitled to industrial accident and illness leave in accordance with Education Code Section 88192 for accident or illnesses that are job- incurred, unit members illness arising out of or in the course of his/hertheir duties for the District when such illness or accident has qualified for workers' compensation under the provision of the State Compensation Insurance Fund.
11.12.2 Employees who have suffered an industrial accident or illness shall immediately report the accident or illness to the District. The District shall prepare an accident report and submit it to Xxxxxx and Associates. The employee shall be provided leave benefits under the following provisions:furnished a copy of this report.
12.6.1 Allowable 11.12.3 Industrial accident and illness leave shall be not exceed sixty (60) days during which the colleges of the District are required to be college is in session or when the unit member employee would otherwise have been performing work for the District in any one fiscal year for the same accidentindustrial injury or illness. When an industrial accident or illness occurs at a time when the full sixty (60) days will overlap into the next fiscal year, the employee shall be entitled to only the amount remaining at the end of the fiscal year for the same illness or injury.
12.6.2 Allowable leave shall not be accumulated from year to year.
12.6.3 11.12.4 Industrial accident or and illness leave shall commence on the first (1st) day of absence.
12.6.4 When a faculty member is absent from his/her duties on account of an industrial accident or illness, he/she shall be paid such portion of the salary due him/her for any month in which the absence occurs as, when added to his/her temporary disability indemnity . Leave allowable under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it section shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Codeaccumulate from year to year. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
12.6.5 Industrial accident or and illness leave shall will be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity awardcompensation award made under workers' compensation.
12.6.6 When an 11.12.5 The District has the right to have the employee examined by a physician designated by the District to assist in determining the length of time during which the employee will be temporarily unable to perform assigned duties and the degree to which disability is attributable to the injury involved.
11.12.6 For any days of absence from duty as a result of the same industrial accident or illness leave overlaps into the next fiscal yearaccident, the unit member employee shall be entitled to only the amount of unused industrial accident or illness leave due him/her for the same illness or injury.
12.6.7 Upon termination of the industrial accident or illness leave, the unit member shall be entitled to the benefits provided in Education Code Sections 87780, 87781 and 87786, and for the purposes of each of these sections his/her absence shall be deemed to have commenced on the date of termination for the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability indemnity, he/she may elect to take as much of his/her accumulated sick leave which, when added to his/her temporary disability indemnity, will result in a payment to him/her of not more than his/her full salary.
12.6.8 During any paid leave of absence, the unit member may endorse to the District any wage-loss benefit check from the temporary disability indemnity checks received on account of his/her industrial accident or illnessSelf-Funded Workers' Compensation Insurance Fund. The District, in turn, shall issue the unit member employee appropriate salary warrants for payment of the unit member's salary, wages and shall deduct normal retirement, retirement and other authorized contributions. If the employee fails to endorse to the District any wage-loss benefit check from the Self-Funded Workers' Compensation Insurance Fund, the District shall deduct the amount of such benefit check received and retained by the employee from the employee's salary warrant.
11.12.7 When entitlement to industrial accident or illness leave has been exhausted, entitlement to other personal illness and injury leave will then be used; but if an employee is receiving workers' compensation, the person shall be entitled to use only so much of the person's accumulated or available personal illness and injury leave, accumulated compensatory time, vacation, or other available leave which, when added to the workers' compensation award, provide for a full day's wage or salary.
11.12.8 When all available leaves of absence, paid or unpaid, have been exhausted and if the employee is not medically able to assume the duties of the person's position, the person shall, if not placed in another position, be placed on a reemployment list for a period of 39 months. When available, during the 39-month period, the person shall be employed in a vacant position, in the class of the person's previous assignment over all other available candidates, except for a reemployment list established because of lack of work or lack of funds, in which case the person shall be listed in accordance with appropriate seniority regulations.
11.12.9 An employee who has been placed on a reemployment list, as provided herein, who has been medically released for return to duty, and the temporary disability indemnitywho fails to accept an appropriate assignment, if any, actually paid to, and retained by, the employee for periods covered by such salary warrantsshall be dismissed.
12.6.9 11.12.10 Period of leave of absence, paid or unpaid, shall not be considered to be a break in service of the employee.
11.12.11 Any unit member employee receiving benefits as a result of this section shall, shall during periods period of injury or illness, illness remain within the State of California, unless the Governing Board governing board authorizes travel outside the state.
12.6.10 When all available leaves of absence have been exhausted and the unit member is not medically able to return to all the duties of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absence.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents or illnesses that are job- incurred, 17.5.1 Members of the bargaining unit members shall be provided leave benefits under entitled to the following provisionsleave on account of illness or accident which has qualified for Workers' Compensation benefits:
12.6.1 17.5.1.1 Allowable leave shall be for up to a maximum of sixty (60) days during which the colleges schools of the District OCSA are required to be in session or when the unit member would otherwise have been performing work for the District OCSA in any one (1) fiscal year for the same accident.
12.6.2 17.5.1.2 Allowable leave shall not be accumulated from year to year-to-year.
12.6.3 17.5.1.3 Industrial accident or illness leave shall commence on the first (1st) day of the absence.
12.6.4 17.5.1.4 When a faculty member of the bargaining unit is absent from his/her the member's duties on account of an industrial accident or illness, he/she the member shall be paid such portion of the salary due him/her to the member for any month in which the absence occurs asoccurs, as when added to his/her the member's temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her the member of not more than his/her the member's full salary. (The phrase, "full salary," , as utilized in this section, subparagraph D shall be computed so that it shall not be less than the unit member's "average weekly earnings" earning as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this sectionSection 5, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.)
12.6.5 17.5.1.5 Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence absence, regardless of a temporary disability indemnity award.
12.6.6 17.5.1.6 When an industrial accident or illness leave overlaps into the next fiscal year, the unit member shall be entitled to only the amount of unused industrial accident or illness leave due him/her to the member for the same illness or injury.
12.6.7 17.5.2 Upon termination of the industrial accident or illness leave, members of the unit member bargaining unit, except for members employed during the summer recess, shall be entitled to the benefits provided in Education Code Sections 87780, 87781 and 87786Section 17.2 of this Article 17, and for the purposes of each of these sections his/her those sections, the member's absence shall be deemed to have commenced on the date of termination for of the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability disability indemnity, he/she the member may elect to take as much of his/her the accumulated sick leave which, when added to his/her the member's temporary disability indemnity, will result in a payment to him/her the member of not more than his/her the member's full salary.
12.6.8 17.5.3 During any paid leave of absence, the unit member may endorse to the District OCSA the temporary disability indemnity checks received on account of his/her the member's industrial accident or illness. The DistrictOCSA, in turn, shall issue the unit member appropriate salary warrants for payment of the unit member's salary, salary and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, to and retained by, by the employee member for periods the period covered by such salary warrants.
12.6.9 17.5.4 Any member of the bargaining unit member receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California, California unless the Governing Board authorizes authorized travel outside of the stateState.
12.6.10 When all available leaves 17.5.5 The OCSA reserves the right to secure proof of absence have been exhausted industrial accident or illness of any member of the bargaining unit. Before salary payments will be made to a member absent because of industrial accident or illness, a report of such accident or illness in the form prescribed by the OCSA must be on file in the Business Services office, and the unit member is not medically able injury or illness must have qualified for Workers' Compensation benefits, under the provision applicable to return to all the duties of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required leave by the position, despite his/her disability, prior OCSA workers’ compensation coverage.
17.5.6 The OCSA has the right to have the exhaustion member examined by a physician designated by the OCSA to assist in determining the length of leave of absencetime during which the member will be temporarily unable to perform assigned duties and the degree to which a disability is attributable to an industrial accident or illness.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents or illnesses that are job- incurred, unit members Certificated employees shall be provided leave benefits entitled to industrial accident or illness leaves of absence under the following provisions:
12.6.1 1. Allowable leave shall be sixty seventy-five (6075) working days during which the colleges of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one (1) fiscal year for the same accident. The employee shall furnish to the District notification from the employee’s physician.
12.6.2 2. Allowable leave shall not be accumulated from year to year.
12.6.3 3. Industrial accident or illness leave shall commence on the first (1st) day of absenceillness/accident and terminate upon release by the attending physician in writing.
12.6.4 4. When a faculty member certificated employee is absent from his/her duties on account of an industrial accident or illness, he/she shall be paid such portion of the salary due him/her for any month in which the absence occurs as, when added to his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Codeindemnity, will result in a payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
12.6.5 5. Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity award.
12.6.6 6. When an industrial accident or illness leave overlaps into the next fiscal year, the unit member employee shall be entitled to only the amount of unused industrial accident or illness leave due him/her for the same illness or injury.
12.6.7 7. Upon termination of the industrial accident or illness leave, the unit member employee shall be entitled to the benefits provided in Education Code Sections 87780sections 44977, 87781 44978 and 8778644983, and for the purposes of each of these sections Sections, his/her absence shall be deemed to have commenced on the date of termination for of the industrial accident or illness leave, provided that if the unit member employee continues to receive temporary dis- ability disability indemnity, he/she may elect to take as much of his/her accumulated sick leave which, when added to his/her temporary disability indemnity, will result in a payment to him/her of not more than his/her full salary.
12.6.8 8. During any paid leave of absence, the unit member employee may endorse to the District the temporary disability indemnity checks received on account of his/her industrial accident or illness. (Reimbursement of expenses and settlements are not reported or endorsed to the District.) The District, in turn, District shall issue the unit member employee appropriate salary warrants for payment of the unit member's salary, employee’s regular salary and shall may deduct normal retirement, other authorized contributions, and amounts the temporary disability indemnityemployee received for indemnity benefits. Credit shall be given to the employee’s accumulated sick leave, vacation, or compensated time off in an amount of time proportionate to the compensated monies received when such leave has been charged.
9. When all available paid leaves of absence have been exhausted and if any, actually paid to, and retained bythe employee is not medically able to return to work, the employee for periods covered may use the difference pay leave as authorized in Education Code section 44977 and governed by such salary warrantsregulations adopted by the Board of Trustees.
12.6.9 10. Any unit member employee receiving benefits as a result of this section these rules and regulations shall, during periods period of injury or illness, remain within the State of California, California unless the Governing Board authorizes travel outside the state. (Education Code section 44984.
12.6.10 When all available leaves of absence have been exhausted and the unit member is not medically able to return to all the duties of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absence.)
Appears in 1 contract
Samples: Collective Bargaining Agreement
Industrial Accident and Illness Leave. For 1. Employees shall receive leave with pay for industrial accidents or illnesses that are job- incurredfor which the employee is awarded Workers’ Compensation, unit members shall be provided leave benefits under subject to the following provisions:
12.6.1 a. Allowable leave shall be sixty (60) for not more than 60 days during which the colleges of the District schools are required to be in session or when the unit member employee would otherwise have been performing work for the District in any one fiscal year for the same accident.
12.6.2 b. Allowable leave shall not be accumulated from year to year.
12.6.3 c. Industrial accident or illness leave shall commence on the first (1st) day of absence.
12.6.4 d. When a faculty member an employee is absent from his/her duties on account of due to an industrial accident or illness, he/she the employee shall be paid such portion of the salary due him/her for any month in which the absence occurs as, when added to his/her any temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her full salary. The phrase, "phrase “full salary," as utilized in this section, ” shall be computed so that it shall not be less than the unit member's "employee’s “average weekly earnings" as that phrase is utilized in Section 4453 of ” under the Labor Code. For purposes of this section, however, the The maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
12.6.5 e. Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity award.
12.6.6 f. When an industrial accident or illness leave overlaps into the next fiscal year, the unit member employee shall be entitled to only the amount of unused industrial accident or illness leave due him/her remaining for the same illness or injury.
12.6.7 g. Upon termination of the industrial accident or illness leave, the unit member employee shall be entitled to the sick leave and benefits provided in Education Code Sections 87780, 87781 Section B.1. and 87786B.2. of this Article, and for the purposes of each of these sections his/her contract provisions, the employee’s absence shall be deemed to have commenced on the date of termination for of the industrial accident or illness leave, provided that if . If the unit member employee continues to receive temporary dis- ability disability indemnity, he/she may elect to take as much of his/her accumulated sick leave which, when added to his/her temporary disability indemnity, will result in a payment to him/her of not more than his/her full salary.
12.6.8 h. During any paid leave of absence, the unit member may employee shall endorse to the District the temporary disability indemnity checks received on account of his/her industrial accident or illness. The District, in turn, shall issue the unit member appropriate salary warrants for payment of the unit member's salary, employee’s salary and shall deduct normal retirement, retirement and other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the employee for periods covered by such salary warrants.
12.6.9 1. Any unit member employee receiving benefits as a result of this section Section shall, during periods of injury or illness, remain within the State of California, California unless the Governing Board of Trustees authorizes travel outside the state.
12.6.10 When all available leaves of absence have been exhausted and the unit member is not medically able to return to all the duties of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absence.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents or illnesses that are job- incurredIn addition to any other benefits an employee may be entitled to under the Workers’ Compensation laws of this state, unit members employee shall be provided leave benefits under entitled to the following provisionsbenefits:
12.6.1 Allowable leave 15.5.1 An employee suffering an injury or illness arising out of and in the course and scope of their employment shall be sixty (60) entitled to a maximum leave of up to 60 working days during which the colleges of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one fiscal year for the same accident.
12.6.2 Allowable accident or illness. This leave shall not be accumulated from year to year.
12.6.3 Industrial accident or illness , and when any leave shall commence on will overlap a fiscal year, the first (1st) day of absence.
12.6.4 When a faculty member is absent from his/her duties on account of an industrial accident or illness, he/she employee shall be paid such portion entitled to only that amount remaining at the end of the salary due him/her for any month fiscal year in which the absence occurs asinjury or illness occurred.
15.5.2 Payment for wages lost on any day shall not, when added to his/her temporary disability indemnity an award granted the employee under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes Workers’ Compensation laws of this sectionstate, however, exceed the maximum and minimum average weekly earnings set forth in Section 4453 of normal wage for the Labor Code shall otherwise not be deemed applicableday.
12.6.5 Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity award.
12.6.6 When an 15.5.3 The industrial accident or illness leave overlaps into the next fiscal year, the unit member shall is to be entitled used in lieu of normal sick leave benefits. When entitlement to only the amount of unused industrial accident or illness leave due him/her for under this section has been exhausted, entitlement to other sick leave, vacation, or other paid leave may then be used. If, however, an employee is still receiving temporary disability payments under the same illness or injury.
12.6.7 Upon termination Workers’ Compensation laws of this State, at the time of the industrial accident or illness leaveexhaustion of benefits under this section, the unit member they shall be entitled to the benefits provided in Education Code Sections 87780, 87781 and 87786, and for the purposes of each of these sections his/her absence shall be deemed to have commenced on the date of termination for the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability indemnity, he/she may elect to take use only as much of his/her their accumulated and available normal sick leave whichand vacation leave, which when added to his/her temporary disability indemnitythe Worker’s Compensation award, will result in provides for a payment to him/her day’s pay at the regular rate of not more than his/her full salarypay.
12.6.8 During any paid 15.5.4 Any time an employee on Industrial Accident or Illness leave is able to return to work, they shall be reinstated in their position without loss of absence, the unit member may endorse to the District the temporary disability indemnity checks received on account of his/her industrial accident pay or illness. The District, in turn, shall issue the unit member appropriate salary warrants for payment of the unit member's salary, and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the employee for periods covered by such salary warrantsbenefits.
12.6.9 Any unit member receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California, unless the Governing Board authorizes travel outside the state.
12.6.10 15.5.5 When all available leaves of absence absence, paid or unpaid, have been exhausted and if the unit member employee is not medically able to return to all assume the duties of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disabilitythe employee shall, prior to if not placed in another position, be placed on a re-employment list for a period of 39 months. When available, during the exhaustion 39-month period, the employee shall be employed in a vacant position in the class of leave the person’s previous assignment over all other available candidates except for a re-employment list established because of absencelack of work or lack of funds, in which case the employee shall be listed in accordance with appropriate seniority regulations.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents
21.1. All unit members are covered by Workers' Compensation Insurance. All injuries, no matter how trivial, must be reported as soon as possible after the occurrence to the supervisor. All absence due to injury or illnesses that are job- incurredillness arising out of, and in the course of, employment shall be provided for in accordance with 87042 of the Education Code.
21.2. All unit members shall be provided eligible for industrial accident and illness leave. The number of days of leave benefits under allowed for one accident, or the following provisions:
12.6.1 Allowable leave total number of days allowed in one fiscal year for one accident, shall not be for more than sixty (60) days during which the colleges working days. A day of the District are required to leave, for purposes of this section, shall be in session or defined as a day when the unit member would otherwise have been performing required to perform work for the District in any one fiscal year for the same accidentDistrict.
12.6.2 21.3. Allowable leave of absence as described in this section shall not be accumulated accumulate from one year to year.
12.6.3 Industrial accident another, except that when an illness or illness leave shall commence on injury occurs at a time when the first full sixty (1st60) day of absence.
12.6.4 When a faculty member is absent from his/her duties on account of an industrial accident or illness, he/she shall be paid such portion of the salary due him/her for any month in which the absence occurs as, when added to his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, days will result in a payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
12.6.5 Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity award.
12.6.6 When an industrial accident or illness leave overlaps overlap into the next fiscal year, the unit member shall be entitled to only that amount remaining at the amount end of unused industrial accident the fiscal year in which the injury or illness leave due him/her occurred, for the same illness or injury.
12.6.7 Upon termination 21.4. Industrial accident or illness leave shall commence on the first day of absence. Such leave will be reduced one day for each day of absence when a temporary disability is awarded.
21.5. During this period of absence, unit members shall receive that portion of their salary which, when added to the temporary disability compensation will not exceed their normal salary. The District shall deduct retirement, income tax and all other authorized deductions from salary payments made under the provisions of this section. Prior to receipt of salary payments made to a unit member under the terms of this leave, a copy of the Employer's
21.6. The industrial accident or illness leave of absence is to be used in lieu of sick leave. When entitlement to industrial accident or illness leave has been exhausted, entitlement to other sick leave will then be used.
21.7. During all paid leaves of absences as herein described, the unit member shall be entitled endorse to the District all temporary disability compensation checks received.
21.8. In order to receive benefits provided in Education Code Sections 87780under this section, 87781 and 87786, and for the purposes of each of these sections his/her absence shall be deemed to have commenced on the date of termination for the industrial accident or illness leave, provided that if the a unit member continues must remain in the State of California unless authorized to receive temporary dis- ability indemnity, he/she may elect to take as much travel outside of his/her accumulated sick leave which, when added to his/her temporary disability indemnity, will result in a payment to him/her of not more than his/her full salarythe State by the District.
12.6.8 During any paid 21.9. Periods of leave of absence, paid or unpaid, taken under the unit member may endorse to the District the temporary disability indemnity checks received on account provisions of his/her industrial accident or illness. The District, in turnthis section, shall issue the unit member appropriate salary warrants for payment not be considered a break in service of the unit member's salary, and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the employee for periods covered by such salary warrants.
12.6.9 Any unit member receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California, unless the Governing Board authorizes travel outside the state.
12.6.10 When all available leaves of absence have been exhausted and the unit member is not medically able to return to all the duties of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absence.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents or illnesses that are job- incurredAn industrial accident and illness is one which occurs while the unit member is working within the scope of his employment and is in paid status with the District. In accordance with Education Code section 44984, industrial accident and illness leave shall be in effect for all unit members shall be provided leave benefits under of the District according to the following provisions:
12.6.1 Allowable X. Xxxxxxxxx leave shall be for not more than sixty (60) days during which the colleges schools of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one fiscal year for the same accident.
12.6.2 B. Allowable leave shall not be accumulated from year to year.
12.6.3 C. Industrial accident or illness leave shall commence on the first (1st) day of absence.
12.6.4 D. When a faculty member person employed in a position requiring certification qualification is absent from his/her duties on account of an industrial accident or illness, he/she shall be paid such portion of the salary due him/her for any month in which the absence occurs as, when added to his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
12.6.5 E. Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity award.
12.6.6 F. When an industrial accident or illness leave overlaps into the next fiscal year, the unit member shall be entitled to only the amount of unused industrial accident or illness sick leave due him/her for the same illness or injury.
12.6.7 G. Upon termination of the industrial accident or illness leave, the unit member shall be entitled to the benefits provided in Education Code Sections 87780section 44977, 87781 44978, and 87786, 44983 and for the purposes of each of these sections his/her sections, the unit member’s absence shall be deemed to have commenced on the date of termination for of the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability disability indemnity, he/she may elect to take as much of his/her accumulated sick leave which, which when added to his/her temporary disability indemnity, will result in a payment to him/her of not more than his/her full salary.
12.6.8 X. During any paid leave of absence, the unit member may endorse to the District the temporary disability indemnity checks received on account of his/her industrial accident or illness. The District, in turn, shall issue the unit member member’s appropriate salary warrants for payment of the unit member's salary, ’s salary and shall deduct normal retirement, retirement and other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the employee for periods covered by such salary warrants.
12.6.9 I. Any unit member receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California, unless the Governing Board authorizes travel outside the state.
12.6.10 When all available leaves of absence have been exhausted and the unit member is not medically able to return to all the duties of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absence.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents or illnesses that are job- incurred, unit members [SECTION RE-WRITTEN BELOW] Employees shall be entitled to industrial accident and illness leave as provided leave benefits under for below provided the following provisions:
12.6.1 Allowable leave shall be sixty (60) days during which employee has promptly reported the colleges of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one fiscal year for the same accident.
12.6.2 Allowable leave shall not be accumulated from year to year.
12.6.3 Industrial on-the-job accident or illness leave shall commence on as soon as it is evidenced, has consulted his/her previously designated personal physician or a District-approved doctor without delay, has obtained the first (1st) day attending physician's authorization to be off work, and has otherwise complied with the District's administrative procedures for the processing of absencesuch claims.
12.6.4 13.8.1 To maintain validity of the claim a weekly contact must be made to the employee's supervisor.
13.8.2 When a faculty member an employee is necessarily absent from his/her duties on account of an industrial accident or illness, he/she such employee shall be paid such portion of the salary due him/her the employee for any month in which the absence occurs as, when added to his/her the employee's temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her the employee of not more than his/her full salary. The phrase, term "full salary," as utilized in this section, used herein shall be computed so that it shall not be less than the unit memberemployee's "average weekly earnings" as that phrase is utilized used in Section 4453 of the Labor Code. For purposes of this sectionSection, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
12.6.5 Industrial accident or illness 13.8.3 Such leave shall be reduced by granted for up to sixty (60) working days in any one (1) day fiscal year for each day the same accident during such times that the schools of authorized absence regardless of a temporary disability indemnity awardthe District are required to be in session or when the employee would otherwise have been performing work for the District.
12.6.6 13.8.4 Allowable leave shall not be accumulated from fiscal year to fiscal year. When an industrial accident or illness leave overlaps into the next fiscal year, the unit member employee shall be entitled to only the amount of unused industrial accident or illness leave due him/her for the same illness or injury.
12.6.7 Upon termination of the 13.8.5 Pay for industrial accident or and illness leaveleave shall commence on the first day of absence; provided, however, that the unit member District shall be recoup from the employee any benefits provided hereunder if it is subsequently determined by competent legal authority that the employee had not been entitled to the benefits provided in Education Code Sections 87780, 87781 and 87786, and for the purposes of each of these sections his/her absence shall be deemed to have commenced on the date of termination for the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability indemnity, he/she may elect to take as much of his/her accumulated sick leave which, when added to his/her temporary disability indemnity, will result in a payment to him/her of not more than his/her full salarysuch benefits.
12.6.8 During any paid leave 13.8.6 When all available leaves of absence, paid or unpaid, have been exhausted and if the unit member may endorse employee is not medically able to assume the District duties of the temporary disability indemnity checks received person's position, the person shall, if not placed in another position, be placed on account a reemployment list for a period of his/her industrial accident thirty-nine (39) months. When available, during the thirty-nine month period, the person shall be employed in a vacant position in the class of the person's previous assignment over all other available candidates except for a reemployment list established because of lack of work or illness. The Districtlack of funds, in turn, which case the person shall issue the unit member be listed in accordance with appropriate salary warrants for payment of the unit member's salary, and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the employee for periods covered by such salary warrantsseniority regulations.
12.6.9 13.8.7 Any unit member employee receiving benefits as a result of under this section Section shall, during periods of injury or illness, remain within the State of California, California unless the Governing Board District authorizes travel outside the state.
12.6.10 When all available leaves of absence have 13.8.8 An employee who has been exhausted and the unit member is not placed on a reemployment list, as provided herein, who has been medically able to released for return to all the duties of his/her prior assignment, the District duty and who fails to accept an appropriate assignment shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absencebe dismissed.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents 4.2.1 An employee suffering an injury or illnesses that are job- incurred, unit members illness arising out of and in the course of employment of the employee shall be provided entitled to a leave benefits under the following provisions:
12.6.1 Allowable leave shall be of up to sixty (60) working days during which the colleges of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one (1) fiscal year for the same accident.
12.6.2 Allowable leave shall not be accumulated from year to year.
12.6.3 Industrial accident or illness leave shall commence on the first (1st) day of absence.
12.6.4 When a faculty member is absent from his/her duties on account of an industrial accident or illness, he/she shall be paid such portion of the salary due him/her for any month in which the absence occurs as, when added to his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized injury or illness must be accepted arising out of and in this section, shall be computed so that it shall not be less than the unit membercourse of employment by the State Compensation Insurance Fund or another Worker's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicableCompensation carrier.
12.6.5 Industrial accident or illness 4.2.2 Employees shall become eligible for this leave shall be reduced by six (6) months and one (1) day for each day of authorized absence regardless of a temporary disability indemnity awardafter the initial employment date.
12.6.6 When an industrial accident or illness 4.2.3 Should the leave overlaps overlap into the next fiscal year, the unit member employee shall be entitled to only the amount of unused industrial accident or illness leave due him/her for the same illness or injury.
12.6.7 4.2.4 Payment for wages lost on any day shall not, when added to an award granted the employee under the Worker's Compensation laws of this State, exceed the normal wage for that day.
4.2.5 Upon termination of the industrial accident or illness leave, the unit member employee shall be entitled to the benefits provided in Education Code Sections 87780, 87781 and 87786sick leave, and absence for the purposes of each of these sections his/her absence such purpose shall be deemed to have commenced on the date of termination for of the industrial accident or illness leave, provided that if . If the unit member employee continues to receive temporary dis- ability disability indemnity, he/she may elect to take as much of his/her accumulated sick leave which, which when added to his/her temporary disability indemnity, indemnity will result in a payment to him/her of not more than his/her full salary.
12.6.8 During any 4.2.6 The employee shall notify the District Office immediately when an injury or illness arising out of and in the course of employment occurs.
4.2.7 While on paid leave of absenceindustrial accident or illness leave, the unit member may employee shall endorse to the District the temporary disability indemnity checks received on account of his/her industrial accident or illnessreceived. The District, in turn, shall issue the unit member appropriate salary warrants for payment of the unit member's salary, and shall deduct there from normal retirement, retirement and other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the employee for periods covered by such salary warrants.
12.6.9 4.2.8 Any unit member employee receiving benefits as a result of this section under these rules and regulations shall, during periods the period of injury illness or illnessinjury, remain within the State of California, California unless the Governing Board District authorizes travel outside the stateState.
12.6.10 4.2.9 When all available leaves of absence have been exhausted and the unit member an employee on industrial leave is not medically able to return to all the duties of work he/she shall be reinstated in his/her prior assignmentposition without loss of pay or benefits, providing the position has not been eliminated through lack of funding, elimination of program, or declining enrollment. The employee must give the District shall provide first a two (1st2) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if week notice when he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior will return to the exhaustion of leave of absencework.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents or illnesses that are job- incurred, unit members Employees shall be entitled to industrial accident and illness leave as provided leave benefits under for below provided the following provisions:
12.6.1 Allowable leave shall be sixty (60) days during which employee has promptly reported the colleges of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one fiscal year for the same accident.
12.6.2 Allowable leave shall not be accumulated from year to year.
12.6.3 Industrial on-the-job accident or illness leave shall commence on as soon as it is evidenced, has consulted his/her previously designated personal physician or a District-approved doctor without delay, has obtained the first (1st) day attending physician's authorization to be off work, and has otherwise complied with the District's administrative procedures for the processing of absencesuch claims.
12.6.4 13.8.1 To maintain validity of the claim a weekly contact must be made to the employee's supervisor.
13.8.2 When a faculty member an employee is necessarily absent from his/her duties on account of an industrial accident or illness, he/she such employee shall be paid such portion of the salary due him/her the employee for any month in which the absence occurs as, when added to his/her the employee's temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her the employee of not more than his/her full salary. The phrase, term "full salary," as utilized in this section, used herein shall be computed so that it shall not be less than the unit memberemployee's "average weekly earnings" as that phrase is utilized used in Section 4453 of the Labor Code. For purposes of this sectionSection, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
12.6.5 Industrial accident or illness 13.8.3 Such leave shall be reduced by granted for up to sixty (60) working days in any one (1) day fiscal year for each day the same accident during such times that the schools of authorized absence regardless of a temporary disability indemnity awardthe District are required to be in session or when the employee would otherwise have been performing work for the District.
12.6.6 13.8.4 Allowable leave shall not be accumulated from fiscal year to fiscal year. When an industrial accident or illness leave overlaps into the next fiscal year, the unit member employee shall be entitled to only the amount of unused industrial accident or illness leave due him/her for the same illness or injury.
12.6.7 Upon termination of the 13.8.5 Pay for industrial accident or and illness leaveleave shall commence on the first day of absence; provided, however, that the unit member District shall be recoup from the employee any benefits provided hereunder if it is subsequently determined by competent legal authority that the employee had not been entitled to the benefits provided in Education Code Sections 87780, 87781 and 87786, and for the purposes of each of these sections his/her absence shall be deemed to have commenced on the date of termination for the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability indemnity, he/she may elect to take as much of his/her accumulated sick leave which, when added to his/her temporary disability indemnity, will result in a payment to him/her of not more than his/her full salarysuch benefits.
12.6.8 During any paid leave 13.8.6 When all available leaves of absence, paid or unpaid, have been exhausted and if the unit member may endorse employee is not medically able to assume the District duties of the temporary disability indemnity checks received person's position, the person shall, if not placed in another position, be placed on account a reemployment list for a period of his/her industrial accident thirty-nine (39) months. When available, during the thirty-nine month period, the person shall be employed in a vacant position in the class of the person's previous assignment over all other available candidates except for a reemployment list established because of lack of work or illness. The Districtlack of funds, in turn, which case the person shall issue the unit member be listed in accordance with appropriate salary warrants for payment of the unit member's salary, and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the employee for periods covered by such salary warrantsseniority regulations.
12.6.9 13.8.7 Any unit member employee receiving benefits as a result of under this section Section shall, during periods of injury or illness, remain within the State of California, California unless the Governing Board District authorizes travel outside the state.
12.6.10 When all available leaves of absence have 13.8.8 An employee who has been exhausted and the unit member is not placed on a reemployment list, as provided herein, who has been medically able to released for return to all the duties of his/her prior assignment, the District duty and who fails to accept an appropriate assignment shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absencebe dismissed.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents
18.1 All employees are covered by Workers’ Compensation Insurance. All injuries, no matter how trivial, must be reported as soon as possible after the occurrence to the supervisor. All absence due to injury or illnesses that are job- incurredillness arising out of, unit members and in the course of, employment shall be provided for in accordance with 87042 of the Education Code.
18.2 All permanent District employees shall be eligible for industrial accident and illness leave. The number of days of leave benefits under allowed for one (1) accident, or the following provisions:total number of days allowed in one (1) fiscal year for one (1) accident, shall not be for more than sixty (60) working days. A day of leave for purposes of this section shall be defined as a day when the employee would otherwise have been required to perform work for the District.
12.6.1 18.3 Allowable leave of absence as described in this section shall be not accumulate from one year to another, except that when an illness or injury occurs at a time when the full sixty (60) days during which the colleges of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one fiscal year for the same accident.
12.6.2 Allowable leave shall not be accumulated from year to year.
12.6.3 Industrial accident or illness leave shall commence on the first (1st) day of absence.
12.6.4 When a faculty member is absent from his/her duties on account of an industrial accident or illness, he/she shall be paid such portion of the salary due him/her for any month in which the absence occurs as, when added to his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
12.6.5 Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity award.
12.6.6 When an industrial accident or illness leave overlaps overlap into the next fiscal year, the unit member shall be entitled to only that amount remaining at the amount end of unused industrial accident the fiscal year in which the injury or illness leave due him/her occurred, for the same illness or injury.
12.6.7 Upon termination of the industrial 18.4 Industrial accident or illness leave, the unit member leave shall be entitled to the benefits provided in Education Code Sections 87780, 87781 and 87786, and for the purposes of each of these sections his/her absence shall be deemed to have commenced commence on the date first day of termination absence. Such leave will be reduced one (1) day for the industrial accident or illness leave, provided each day of absence when a temporary disability is awarded.
18.5 During this period of absence employees shall receive that if the unit member continues to receive temporary dis- ability indemnity, he/she may elect to take as much portion of his/her accumulated sick leave their salary which, when added to his/her the temporary disability indemnitycompensation will not exceed their normal salary. The District shall deduct retirement, income tax and all other authorized deductions from salary payments made under the provisions of this section. Prior to receipt of salary payments made to an employee under the terms of this leave, a copy of the Employer's Report of Industrial Injury must be filed with the Human Resources Department.
18.6 The industrial accident or illness leave of absence is to be used in lieu of sick leave. When entitlement to industrial accident or illness leave has been exhausted, entitlement to other sick leave will result in then be used. Employees receiving worker's compensation awards shall be entitled to use only so much of their accumulated sick leave, compensatory time off, vacation or other available leave which when added to the worker's compensation award, provide for a payment to him/her of not more than his/her full day's wage or salary.
12.6.8 18.7 During any all paid leaves of absences as herein described, the employee shall endorse to the District all temporary disability compensation checks received.
18.8 In order to receive benefits under this section, an employee must remain in the State of California unless authorized to travel outside of the state by the District.
18.9 Periods of leave of absence, paid or unpaid, taken under the unit member may endorse to the District the temporary disability indemnity checks received on account provisions of his/her industrial accident or illness. The District, in turnthis section, shall issue the unit member appropriate salary warrants for payment not be considered a break in service of the unit member's salary, and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the employee for periods covered by such salary warrantsemployee.
12.6.9 Any unit member receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California, unless the Governing Board authorizes travel outside the state.
12.6.10 When all available leaves of absence have been exhausted and the unit member is not medically able to return to all the duties of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absence.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents or illnesses that are job- incurred, unit (a) Unit members shall be provided eligible for leave benefits under of absence because of industrial accident or illness, which the following provisions:
12.6.1 Employer's industrial accident insurance carrier considers a valid claim. Prior to a change in insurance carriers, the District shall consult with the Association. Allowable leave leaves shall be for not more than sixty (60) service days during which the colleges of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one (1) fiscal year for the same accidentaccident and shall commence with the first (1st) day of absence; in the event of an assault, such leave shall be for not more than ninety (90) service days.
12.6.2 Allowable leave (b) Leave of absence under this provision shall not be accumulated from year to year. When the Industrial Accident or Illness Leave overlaps into the next fiscal year, the employee shall be entitled to only the amount of unused leave due him/her for the same illness or injury.
12.6.3 Industrial accident or illness leave shall commence on the first (1stc) day of absence.
12.6.4 When a faculty member is absent from his/her duties on account of an industrial accident or illness, he/she Employees shall be paid such portion of the salary due him/her them for any month in which the absence occurs as, when added to his/her the temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the California Labor Code, will result in a payment to him/her them of not more than his/her the employee's full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
12.6.5 Industrial accident or illness leave (d) Leave of absence applied for under this section shall be reduced by one (1) day for each day of authorized absence under this section, regardless of a temporary disability indemnity awardaward to the employee.
12.6.6 (e) Industrial Illness and Accident Leave is to be used in lieu of Sick Leave. When entitlement to industrial Illness and Accident Leave has been exhausted, entitlement to Sick Leave shall then be used. If an industrial accident or illness leave overlaps into the next fiscal yearemployee is receiving a temporary disability to indemnity, the unit member employee shall be entitled to utilize only the amount of unused industrial accident or illness leave due him/her for the same illness or injury.
12.6.7 Upon termination of the industrial accident or illness leave, the unit member shall be entitled to the benefits provided in Education Code Sections 87780, 87781 and 87786, and for the purposes of each of these sections his/her absence shall be deemed to have commenced on the date of termination for the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability indemnity, he/she may elect to take as so much of his/her accumulated sick leave and vacation leave which, when added to his/her temporary disability indemnity, will result in a payment to him/her of not nor more than his/her a full day's wage or salary.
12.6.8 During any paid leave of absence, the unit member may endorse to the District the temporary disability indemnity checks received on account of his/her industrial accident or illness. The District, Employer in turn, turn shall issue the unit member appropriate salary warrants for payment of the unit member's salary, salary and shall deduct normal retirement, retirement and other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the employee for periods covered by such salary warrantsdeductions.
12.6.9 Any unit member (f) Unless the District authorizes travel outside of California, employees receiving benefits as a result of under this section shall, during periods a period of illness or injury or illness, shall remain within in the State of California, unless the Governing Board authorizes travel outside the state.
12.6.10 When all available leaves of (g) The District may require a written statement from a physician verifying an employee's absence have been exhausted under this leave and the unit member is not medically able his/her ability to return to all the duties of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absencework.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents or illnesses that are job- incurred, unit members Certificated employees shall be provided leave benefits entitled to industrial accident or illness leaves of absence under the following provisions:
12.6.1 1. Allowable leave shall be sixty seventy-five (6075) working days during which the colleges of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one (1) fiscal year for the same accident. The employee shall furnish to the District notification from the employee's physician.
12.6.2 2. Allowable leave shall not be accumulated from year to year.
12.6.3 3. Industrial accident or illness leave shall commence on the first (1st) day of absenceillness/accident and terminate upon release by the attending physician in writing.
12.6.4 4. When a faculty member certificated employee is absent from his/her duties on account of an industrial accident or illness, he/she shall be paid such portion of the salary due him/her for any month in which the absence occurs as, when added to his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor CodeFile: z: \ 2009 \ Marysville it USD MUTA Negotiations \Agreement Updatel 0 l409"Clri indemnity, will result in a payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
12.6.5 5. Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity award.
12.6.6 6. When an industrial accident or illness leave overlaps into the next fiscal year, the unit member employee shall be entitled to only the amount of unused industrial accident or illness leave due him/her for the same illness or injury.
12.6.7 7. Upon termination of the industrial accident or illness leave, the unit member employee shall be entitled to the benefits provided in Education Code Sections 87780sections 44977, 87781 44978 and 8778644983, and for the purposes of each of these sections Sections, his/her absence shall be deemed to have commenced on the date of termination for of the industrial accident or illness leave, provided that if the unit member employee continues to receive temporary dis- ability disability indemnity, he/she may elect to take as much of his/her accumulated sick leave which, when added to his/her temporary disability indemnity, will result in a payment to him/her of not more than his/her full salary.
12.6.8 8. During any paid leave of absence, the unit member employee may endorse to the District the temporary disability indemnity checks received on account of his/her industrial accident or illness. (Reimbursement of expenses and settlements are not reported or endorsed to the District.) The District, in turn, District shall issue the unit member employee appropriate salary warrants for payment of the unit memberemployee's salary, regular salary and shall may deduct normal retirement, other authorized contributions, and amounts the temporary disability indemnityemployee received for indemnity benefits. Credit shall be given to the employee's accumulated sick leave, vacation, or compensated time off in an amount of time proportionate to the compensated monies received when such leave has been charged.
9. When all available paid leaves of absence have been exhausted and if any, actually paid to, and retained bythe employee is not medically able to return to work, the employee for periods covered may use the difference pay leave as authorized in Education Code section 44977 and governed by such salary warrantsregulations adopted by the Board of Trustees.
12.6.9 10. Any unit member employee receiving benefits as a result of this section these rules and regulations shall, during periods period of injury or illness, remain within the State of California, California unless the Governing Board authorizes travel outside the state. (Education Code section 44984.
12.6.10 When all available leaves of absence have been exhausted and the unit member is not medically able to return to all the duties of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absence.File: z: \ 2009 \ Marysville Jt USD MTJTA Negotiations \ Agreement Update^101409^Cln
Appears in 1 contract
Samples: Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents 16.7.1 The accident or illnesses that are job- incurred, illness must have arisen out of and in the course of the unit members shall member's employment with the District and must be provided leave benefits under accepted as a bonafide injury or illness arising out of and in the following provisions:course of employment with the District by the State Compensation Insurance Fund.
12.6.1 16.7.2 Allowable leave shall be for the number of days of temporary disability but not to exceed sixty (60) days during which the colleges of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one fiscal year for the same accidentworking days.
12.6.2 16.7.3 Allowable leave shall not be accumulated from year to year.
12.6.3 Industrial accident or illness 16.7.4 The leave under these rules and regulations shall commence on the first (1st) day of absence.
12.6.4 16.7.5 When a faculty unit member is absent from his/her duties on account of an industrial accident or illness, hes/she he shall be paid such portion of the salary due him/her for any month in which the absence occurs as, when added to his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
12.6.5 16.7.6 Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity award.
12.6.6 16.7.7 When an industrial accident or illness leave overlaps into the next fiscal year, the unit member employee shall be entitled to only the amount of unused industrial accident or illness leave due him/her him for the same illness or injury.
12.6.7 16.7.8 Upon termination of the industrial accident or illness leave, the unit member shall be entitled to the benefits provided in Education Code Sections 87780, 87781 and 87786Section 16.1 of this Article, and for the purposes of each of these sections the leaves provided for in Section 16.1, his/her absence shall be deemed to have commenced on the date of termination for of the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability disability indemnity, hes/she he may elect to take as much of his/her accumulated sick leave which, when added to his/her temporary disability indemnity, will result in a payment to him/her of not more than his/her full salary.
12.6.8 16.7.9 During any paid leave of absence, the unit member may employee shall endorse to the District the temporary disability indemnity checks received on account of his/her industrial accident or illness. The District, in turn, shall issue the unit member employee appropriate salary warrants for payment of the unit memberemployee's salary, salary and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, to and retained by, by the employee for periods covered by such salary warrants.
12.6.9 16.7.10 Any unit member receiving benefits as a result of this section Section shall, during periods of injury or illness, remain within the State of California, California unless the Governing Board of Trustees authorizes travel outside the state.
12.6.10 When all available leaves of absence have been exhausted and the unit member is not medically able to return to all the duties of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absence.
Appears in 1 contract
Samples: Labor Agreement
Industrial Accident and Illness Leave. For accidents or illnesses In addition to any other benefits that are job- incurredan employee may be entitled to under the Worker's Compensation laws of this state, unit members employees shall be provided leave benefits under entitled to the following provisionsbenefits:
12.6.1 Allowable leave 11.9.1 An employee suffering an injury or illness arising out of and in the course and scope of his/her employment shall be entitled to a leave not more than sixty (60) days during which the colleges of the District are required to be in session or when the unit member would otherwise have been performing work for the District workdays in any one (1) fiscal year for the same accident.
12.6.2 Allowable accident or illness. This leave shall not be accumulated from year to year, and when any leave will overlap a fiscal year, the employee shall be entitled to only that amount remaining at the end of the fiscal year in which the injury or illness occurred.
12.6.3 11.9.2 Industrial accident or illness leave shall commence on the first (1st) day of absence.
12.6.4 When 11.9.2.1 However, a faculty bargaining unit member is absent from his/her duties initially hired on account or after 7/1/98, in either an hourly or monthly capacity, must have rendered nine (9) months of an industrial accident continuous service to the District in order to be eligible for the sixty (60) day leave provision described in Section 11.9.1, above .
11.9.2.2 Any unit member receiving benefits as a result of this section shall, during periods of injury or illness, he/she shall be paid such portion remain within the State of California unless the Governing Board authorizes travel outside of the salary due him/her for any month in which the absence occurs as, when added to his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicableState.
12.6.5 11.9.3 Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity award.
12.6.6 When 11.9.4 Payment for wages lost on any day shall not, when added to an award granted the employee under the Worker's Compensation laws of this state, exceed the normal wage for the day.
11.9.5 The industrial accident or illness leave overlaps into the next fiscal year, the unit member shall is to be entitled used in lieu of normal sick leave benefits. When entitlement to only the amount of unused industrial accident or illness leave due him/her for under this Section has been exhausted, entitlement to other sick leave, vacation, or other paid leave may then be used. If, however, an employee is still receiving temporary disability payments under the same illness or injury.
12.6.7 Upon termination Worker's Compensation laws of this state at the time of the industrial accident or illness leaveexhaustion of benefits under this Section, the unit member he/she shall be entitled to the benefits provided in Education Code Sections 87780, 87781 and 87786, and for the purposes of each of these sections his/her absence shall be deemed to have commenced on the date of termination for the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability indemnity, he/she may elect to take as use only so much of his/her accumulated and available normal sick leave and vacation leave, which, when added to the Worker's Compensation award, provides for a day's pay at the regular rate of pay.
11.9.6 Any time an employee on Industrial Accident or Illness Leave is able to return to work, he/she shall be reinstated in his/her temporary disability indemnity, will result in a payment to him/her position without loss of not more than his/her full salarypay or benefits.
12.6.8 During any paid leave of absence, the unit member may endorse to the District the temporary disability indemnity checks received on account of his/her industrial accident or illness. The District, in turn, shall issue the unit member appropriate salary warrants for payment of the unit member's salary, and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the 11.9.7 Any employee for periods covered by such salary warrants.
12.6.9 Any unit member receiving benefits as a result of this section Section shall, during periods of injury or illness, remain within the State of California, California unless the Governing Board of Trustees authorizes travel outside the state.
12.6.10 When all available leaves of absence have been exhausted and the 11.9.8 A unit member is not medically able shall be permitted to return to all service after an industrial accident or illness leave involving a temporary disability award only upon presentation of a release from the duties authorized Worker's Compensation Insurance carrier physician certifying the unit member's ability to return to his/her position classification without restriction or detriment to the unit member's physical or emotional well-being.
11.9.8.1 Nothing contained herein shall be construed to limit an employee's right to utilize the services of his/her prior assignmentprivate physician for such examination, provided the employee gives appropriate written notice to the District shall provide first at least thirty (1st30) priority in assigning such a person into classes where his/her disability, in calendar days prior to said examination. In the discretion of event the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disabilityemployee's personal physician has, prior to the exhaustion industrial injury, acknowledged and signed the "Employee Selection of leave Personal Physician Form", then the employee may treat with the pre- designated physician provided said physician strictly adheres to Section 9785 of absencethe Administrative Director's Rules of Practice and Procedures and follows the California Industrial Medical Fee Schedule. The District reserves the right to conduct a second examination by a physician of the District's choice.
11.9.9 The Union agrees that it will support and require bargaining unit members to support all safety precautions instituted by management and will assist management in developing a safety program.
11.9.10 The Union agrees that it will support management programs which will hold down the incidence of industrial accidents and will not support frivolous industrial accident claims.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents or illnesses that are job- incurred, unit members A Unit Member shall be provided entitled to industrial accident and illness leave benefits under the following provisionsrules and regulations:
12.6.1 a) Accident or illness must have arisen out of and in the course of employment for the District and must be accepted as such by the District's third-party Worker's Compensation administrator.
b) Allowable leave shall be for up to sixty (60) working days during which the colleges of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one fiscal (1) year for the same accident, and precedes the use of any regular sick leave.
12.6.2 c) Allowable leave shall not be accumulated from year to year-to-year.
12.6.3 d) Industrial accident Accident or illness leave Illness Leave of Absence shall commence on the first (1st) day of absenceapproved Industrial Accident/Illness Absence. Any days of absence associated with a claim for Industrial Accident/Illness that is not approved shall be charged against the Unit Member’s sick leave.
12.6.4 When a faculty member is absent from his/her duties e) Payment for wages lost on account of an industrial accident or illness, he/she any day shall be paid such portion of the salary due him/her for any month in which the absence occurs asnot, when added to his/her temporary disability indemnity an award granted the Unit Member under Division 4 or Division 4.5 (commencing with Section 6100) the Worker's Compensation laws of the Labor Codestate, will result in a payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it shall not be less than exceed the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of normal wage for the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicableday.
12.6.5 f) Industrial accident or illness leave Accident Leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity awardcompensation award made under Workers' Compensation.
12.6.6 g) When an industrial accident Industrial Accident or illness leave overlaps Illness occurs at a time when the full sixty (60) days shall overlap into the next fiscal year, the unit member Unit Member shall be entitled to only the amount remaining at the end of unused industrial accident the year in which the injury or illness leave due him/her occurred, for the same illness injury or injuryillness.
12.6.7 Upon termination of the industrial accident or illness leave, the unit member shall be entitled to the benefits provided in Education Code Sections 87780, 87781 and 87786, and for the purposes of each of these sections his/her absence shall be deemed to have commenced on the date of termination for the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability indemnity, he/she may elect to take as much of his/her accumulated sick leave which, when added to his/her temporary disability indemnity, will result in a payment to him/her of not more than his/her full salary.
12.6.8 h) During any paid leave of absence, if the unit member may Unit Member receives payments from disability, he/she shall endorse to the District the temporary disability indemnity checks received on account of his/her due to the industrial accident or illness. The District, District in turn, turn shall issue the unit member Unit Member appropriate salary warrants for payment of the unit member's salary, and shall deduct normal retirement, make retirement and other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the employee for periods covered by such salary warrantsdeductions.
12.6.9 Any unit member receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California, unless the Governing Board authorizes travel outside the state.
12.6.10 When all available leaves of absence have been exhausted and the unit member is not medically able to return to all the duties of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absence.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Industrial Accident and Illness Leave. A. For accidents or illnesses that which are job- job-incurred, unit members shall be provided leave benefits under the following provisions:
12.6.1 (1) Allowable leave shall be sixty (60) days during which the colleges schools of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one (1) fiscal year for the same accident.
12.6.2 (2) Allowable leave shall not be accumulated from year to year.
12.6.3 (3) Industrial accident or illness leave shall commence on the first (1st) day of absence.
12.6.4 (4) When a faculty certificated unit member is absent from his/her duties on account of an industrial accident or illness, he/she shall be paid such portion of the salary due him/her for any month in which the absence occurs as, when added to his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, section shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
12.6.5 (5) Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity award.
12.6.6 (6) When an industrial accident or illness leave overlaps into the next fiscal year, the unit member shall be entitled only to only the amount of unused industrial accident or illness leave due him/her for the same illness or injury.
12.6.7 Upon termination (7) Termination of the industrial accident or illness leave, the unit member shall be entitled to the benefits provided in Education Code Sections 87780, 87781 and 87786, and for the purposes of each of these sections his/her absence shall be deemed to have commenced on the date of termination for of the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability disability indemnity, he/she may elect to take as much of his/her accumulated sick leave which, when added to his/her temporary disability indemnity, will result in a payment to him/her of not more than his/her full salary. (See Sick Leave, Article XIV-A, Section 1).
12.6.8 (8) During any paid leave of absence, the unit member may endorse to the District the temporary disability indemnity checks received on account of his/her industrial accident or illness. The District, in turn, shall issue the unit member appropriate salary warrants for payment of the unit member's ’s salary, and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the employee for periods covered by such salary warrants.
12.6.9 (9) Any unit member receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California, unless the Governing Board of Trustees authorizes travel outside the state.
12.6.10 (10) When all available leaves of absence have been exhausted and the unit member is not medically able to return to all the duties of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in at the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absence.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents or illnesses that are job- incurred, unit members Employees shall be entitled to industrial accident and illness leave as provided leave benefits under for below provided the following provisions:
12.6.1 Allowable leave shall be sixty (60) days during which employee has promptly reported the colleges of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one fiscal year for the same accident.
12.6.2 Allowable leave shall not be accumulated from year to year.
12.6.3 Industrial on-the-job accident or illness leave shall commence on as soon as evidenced, has consulted his/her previously designated personal physician or a District-approved doctor, has obtained the first (1st) day attending physician’s authorization to be off work, and has otherwise complied with the District’s administrative procedures for the processing of absencesuch claims.
12.6.4 1. When a faculty member unit employee is necessarily absent from his/her duties on account of an industrial accident or illness, he/she such employee shall be paid such portion of the salary due him/her the employee for any month in which the absence occurs as, when added to his/her employee’s temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her the employee of not more than his/her full salary. The phrase, "term “full salary," ” as utilized in this section, used herein shall be computed so that it shall not be less than the unit member's "employee’s “average weekly earnings" ” as that phrase is utilized used in Section 4453 of the Labor Code. For purposes of this sectionSection, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
12.6.5 Industrial accident or illness 2. Such leave shall be reduced by granted for up to sixty (60) days in any one (1) day fiscal year for each day the same accident during such times that the schools of authorized absence regardless of a temporary disability indemnity awardthe District are required to be in session or when the employee would otherwise have been performing work for the District.
12.6.6 3. Allowable leave shall not be accumulated from fiscal year to fiscal year. When an industrial accident or illness leave overlaps into the next fiscal year, the unit member employee shall be entitled to only the amount of unused industrial accident or illness leave due him/her for the same illness or injury.
12.6.7 4. Pay for industrial accident and illness leave shall commence on the first day of absence; provided however that the District shall recoup from the employee any benefits provided hereunder if it is subsequently determined by competent legal authority that the employee had not been entitled to such benefits.
5. Upon termination of the sixty (60) days of industrial accident or illness leave, the unit member employee shall be entitled to the benefits provided in Education Code Sections 87780Codes 44977, 87781 44978, and 8778644983, and for the purposes of each of these sections sections, his/her absence shall be deemed to have commenced on the date of termination for of the sixty (60) day industrial accident or illness leave, provided that if the unit member employee continues to receive temporary dis- ability disability indemnity, he/she may elect to take as much of his/her accumulated sick leave which, when added to his/her temporary disability indemnity, will result in a payment to him/her of not more than his/her full salary.
12.6.8 During any paid leave of absence, the unit member may endorse to the District the temporary disability indemnity checks received on account of his/her industrial accident or illness6. The District, in turn, shall issue the unit member appropriate salary warrants for payment of the unit member's salary, and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the Any employee for periods covered by such salary warrants.
12.6.9 Any unit member receiving benefits as a result of under this section Section shall, during periods of injury or illness, remain within the State of California, unless the Governing Board authorizes travel outside the state.
12.6.10 When all available leaves of absence have been exhausted and the unit member is not medically able to return to all the duties of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absence.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents or illnesses that are job- incurred, unit members 21 a. Industrial Accident and Illness Leave shall be provided leave benefits under the following provisions:
12.6.1 Allowable leave shall be for not more than sixty (60) days during 22 which the colleges of the District are College is required to be in session or when the bargaining unit member would otherwise 23 would, otherwise, have been performing work for the District in any one fiscal year 24 for the same accident.
12.6.2 Allowable leave . Such Industrial Accident and Illness Leave shall commence 25 on the first day of absence and shall not be accumulated from year to year.
12.6.3 Industrial accident or illness leave shall commence on the first (1st) day of absence.
12.6.4 27 b. When a faculty bargaining unit member is absent from his/her duties on account of duty due to an industrial accident or 28 illness, he/she the bargaining unit member shall be paid such the portion of the salary due him/her for any month 29 months in which the absence occurs as, when added to his/her the temporary disability 30 indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not no more 31 than his/her the bargaining unit member's full salary. The phrase, phrase "full salary," as utilized in this section, shall be computed so that it shall not be less than the unit member's "average 33 weekly earnings" , as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the The 34 maximum and minimum average weekly earnings set forth in Section 4453 4452 of the Labor 35 Code shall otherwise shall, otherwise, not be deemed applicable.
12.6.5 37 c. Industrial accident or illness leave Accident and Illness Leave shall be reduced by one (1) day for each day of 38 authorized absence regardless of a the temporary disability indemnity award.
12.6.6 . When an industrial accident or 39 Industrial Accident and illness leave Leave overlaps into the next fiscal year, the bargaining 40 unit member shall be entitled to only the amount of unused industrial accident or illness leave due him/her for the same 41 illness or injury.. 42
12.6.7 43 d. Upon termination of the industrial accident or illness leaveIndustrial Accident and Illness Leave, the bargaining unit 44 member shall be entitled to sick leave benefits or any other applicable leave as 45 outlined in this section or in the benefits provided in California State Education Code Sections 87780, 87781 Code; and 87786, and for the purposes of each of these sections his/her absence 46 shall be deemed to have commenced on the date of termination for of the industrial accident or illness leaveIndustrial 47 Accident and Illness Leave, provided that if the bargaining unit member continues to 48 receive temporary dis- ability disability indemnity, he/she the bargaining unit member may elect to take 49 as much of his/her accumulated sick leave which, when added to his/her the temporary disability 50 indemnity, will result in a payment to him/her of not more than his/her full salary.
12.6.8 52 e. During any paid leave of absence, the bargaining unit member may shall endorse to the 53 District the temporary disability indemnity checks check received on account of his/her the industrial 54 accident or illness. The District, in turn, shall issue the bargaining unit member 1 appropriate salary warrants for payment of the bargaining unit member's salary, salary and 2 shall deduct normal retirement, retirement and other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the employee for periods covered by such salary warrants.
12.6.9 4 f. Any bargaining unit member receiving benefits as a result of this section Section shall, 5 during periods of injury or illness, remain within the State of California, California unless the Governing 6 Board authorizes travel outside the state.
12.6.10 When all available leaves of absence have been exhausted and the unit member is not medically able to return to all the duties of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absence.
Appears in 1 contract
Samples: Academic Master Contract Agreement
Industrial Accident and Illness Leave. For accidents or illnesses that are job- incurred, unit members 10.6.1 Employees will be entitled to industrial accident leave in accordance with the provisions of the Education Code for personal injury which qualified for Worker's Compensation under provisions of Worker's Compensation laws of this state.
10.6.2 Such leaves shall not be provided leave benefits under the following provisions:
12.6.1 Allowable leave shall be for more than sixty (60) working days during which the colleges of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one anyone fiscal year for the same accident.
12.6.2 . Allowable industrial accident and illness leave shall not be accumulated cumulative from year to year.
12.6.3 Industrial accident or illness leave shall commence on the first (1st) day of absence.
12.6.4 When a faculty member is absent from his/her duties on account of an industrial accident or illness, he/she shall be paid such portion of the salary due him/her for any month in which the absence occurs as, but when added to his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
12.6.5 Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity award.
12.6.6 When an industrial accident or illness leave overlaps occurs at a time when some portion of the sixty (60) days will overlap into the next fiscal year, the unit member employee shall be entitled to only the that amount of unused industrial accident or illness leave due him/her remaining at the end of the fiscal year in which the injury or illness occurred for the same illness or injury, but not to exceed sixty (60) working days.
12.6.7 Upon termination 10.6.3 The District has the right to have the employee examined by a physician designated by the District to assist in determining the length of time during which the employee will be temporarily unable to perform assigned duties and the degree to which the disability to attributable to the injury involved. In any event, any absence due to an industrial accident or illness leaveis to be verified by a statement of proof from a physician.
10.6.4 When entitlement to industrial accident or illness leave has been exhausted, entitlement to other paid leave will then be used, but if an employee is receiving Worker's Compensation, the unit member person shall be entitled to the benefits provided in Education Code Sections 87780, 87781 and 87786, and for the purposes of each of these sections his/her absence shall be deemed to have commenced on the date of termination for the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability indemnity, he/she may elect to take use only as much of his/her the person's accumulated or available sick leave, accumulated compensating time, vacation, or other available leave which, when added to his/her temporary disability indemnitythe Worker's compensation award, will result in a payment to him/her of not more than his/her full salary.
12.6.8 During any paid leave of absence, provide for the unit member may endorse to the District the temporary disability indemnity checks received on account of his/her industrial accident employee's wage or illness. The District, in turn, shall issue the unit member appropriate salary warrants for payment of the unit member's salary, and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the employee for periods covered by such salary warrants.
12.6.9 Any unit member receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California, unless the Governing Board authorizes travel outside the state.
12.6.10 When when all available leaves of absence absence, paid or unpaid, have been exhausted and if the unit member employee is not medically able to return to all assume the duties of his/her prior assignmentor the person's position, the District shall provide first (1st) priority person shall, if not placed in assigning such another position, be placed on a person into classes where his/her disability, in reemployment list for a period of 39 months.
10.6.5 During the discretion period of leave when the employee receives full pay from the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior shall endorse Worker's Compensation payments to the exhaustion of leave of absenceDistrict.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents or illnesses that are job- incurreda. Only to the extent provided by law, members of the unit members shall be provided industrial accident and illness leave benefits under the following provisions:
12.6.1 Allowable 1) allowable leave shall be sixty (60) for not less than 60 days during which the colleges schools of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one fiscal year for the same accident.;
12.6.2 Allowable 2) allowable leave shall not be accumulated from year to year.;
12.6.3 Industrial 3) industrial accident or illness leave shall commence on the first (1st) day of absence, or when the illness or condition is determined to have begun, and the allowable 60 days shall be used first.
12.6.4 When a faculty member 4) all accrued regular full salary sick leave may be used when the industrial accident/illness leave (60 days) expires.
5) half-salary sick leave and money from the Workers' Compensation fund is absent from his/her duties on account of an industrial accident or illness, he/she shall be paid such portion of the used when full salary due him/her for any month in which the absence occurs as, when added to his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her full salarysick-leave expires. The phrase, "full salary," as utilized in this section, shall be computed so that it aggregate amount of half- salary sick leave and Workers' Compensation contribution shall not be less than exceed the unit memberemployee's "average weekly earnings" as that phrase is utilized in Section 4453 of sick leave entitlement prior to the Labor Code. For purposes of this section, howeverillness.
6) after all paid benefits are exhausted, the maximum and minimum average weekly earnings set forth in Section 4453 of employee shall receive any remaining money due him or her from the Labor Code shall otherwise not be deemed applicableWorkers' Compensation Fund.
12.6.5 Industrial accident or illness leave shall be reduced by one (17) day for each day of authorized absence regardless of a temporary disability indemnity award.
12.6.6 When when an industrial accident or illness leave overlaps into the next fiscal year, the unit member shall be entitled to only the amount of unused industrial accident or illness leave due him/her for the same illness or injury.;
12.6.7 Upon 8) upon termination of the industrial accident or illness leave, the unit member shall be entitled to the benefits provided in Education Code Sections Section 87780, 87781 87781, and 87786, and for the purposes of each of these sections those sections, his/her absence shall be deemed to have commenced on the date of termination for of the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability disability indemnity, he/she may elect to take as much of his/her accumulated sick leave which, when added to his/her temporary disability indemnity, will result in a payment to him/her of not more than his/her full salary.;
12.6.8 During 9) during any paid leave of absence, the unit member may endorse to the District the temporary disability indemnity checks received on account of his/her industrial accident or illness. The Districtchecks shall be endorsed and immediately turned over to the District upon receipt, or if retained by the member, the member shall immediately notify the District of the amount of the temporary disability indemnity payment. The District in turn, shall issue the unit member appropriate salary warrants for payment of the unit member's salary, and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, to and retained by, by the employee member for periods covered by such salary warrants.;
12.6.9 Any unit member receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California, unless 10) the Governing Board authorizes travel outside the state.
12.6.10 When all available leaves may, at its discretion, by rule or regulation, provide for such additional leave of absence have been exhausted and for industrial accident or illness as it deems appropriate;
11) at the District’s request, the unit member shall provide the District with his/her physician’s report of the unit member’s physical condition. The requested medical reports shall be submitted to the District not later than one week after the District request is made. Employees returning to work from industrial accident or illness leave shall be required to present a physician’s unconditional release verifying that the unit member is not medically able to return to all the duties of his/her prior assignmentfull-time work, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualifiedincluding any restrictions on extra duty assignments. With mutual agreement with If the unit member’s physician fails to meet this requirement, the District may also assign require the unit member to submit to an employee into examination by a position District designated physician provided that can reasonably accommodate his/her performance the District pays the cost of duties such examination. Employees returning to work from industrial accident or illness leave shall be required by to present a physician’s release verifying medical permission to return to work, including any restrictions, and
12) upon returning to duty, an absence report form shall be filed with the position, despite his/her disability, prior to the exhaustion of leave of absenceappropriate administrative office.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents 21.1. All unit members are covered by Workers' Compensation Insurance. All injuries, no matter how trivial, must be reported as soon as possible after the occurrence to the supervisor. All absence due to injury or illnesses that are job- incurredillness arising out of, and in the course of, employment shall be provided for in accordance with 87042 of the Education Code.
21.2. All unit members shall be provided eligible for industrial accident and illness leave. The number of days of leave benefits under allowed for one accident, or the following provisions:
12.6.1 Allowable leave total number of days allowed in one fiscal year for one accident, shall not be for more than sixty (60) days during which the colleges working days. A day of the District are required to leave, for purposes of this section, shall be in session or defined as a day when the unit member would otherwise have been performing required to perform work for the District in any one fiscal year for the same accidentDistrict.
12.6.2 21.3. Allowable leave of absence as described in this section shall not be accumulated accumulate from one year to year.
12.6.3 Industrial accident another, except that when an illness or illness leave shall commence on injury occurs at a time when the first full sixty (1st60) day of absence.
12.6.4 When a faculty member is absent from his/her duties on account of an industrial accident or illness, he/she shall be paid such portion of the salary due him/her for any month in which the absence occurs as, when added to his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, days will result in a payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
12.6.5 Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity award.
12.6.6 When an industrial accident or illness leave overlaps overlap into the next fiscal year, the unit member shall be entitled to only that amount remaining at the amount end of unused industrial accident the fiscal year in which the injury or illness leave due him/her occurred, for the same illness or injury.
12.6.7 Upon termination 21.4. Industrial accident or illness leave shall commence on the first day of absence. Such leave will be reduced one day for each day of absence when a temporary disability is awarded.
21.5. During this period of absence, unit members shall receive that portion of their salary which, when added to the temporary disability compensation will not exceed their normal salary. The District shall deduct retirement, income tax and all other authorized deductions from salary payments made under the provisions of this section. Prior to receipt of salary payments made to a unit member under the terms of this leave, a copy of the Employer's
21.6. The industrial accident or illness leave of absence is to be used in lieu of sick leave. When entitlement to industrial accident or illness leave has been exhausted, entitlement to other sick leave will then be used.
21.7. During all paid leaves of absences as herein described, the unit member shall be entitled endorse to the District all temporary disability compensation checks received.
21.8. In order to receive benefits provided in Education Code Sections 87780under this section, 87781 and 87786, and for the purposes of each of these sections his/her absence shall be deemed to have commenced on the date of termination for the industrial accident or illness leave, provided that if the a unit member continues must remain in the State of California unless authorized to receive temporary dis- ability indemnity, he/she may elect to take as much travel outside of his/her accumulated sick leave which, when added to his/her temporary disability indemnity, will result in a payment to him/her of not more than his/her full salarythe State by the District.
12.6.8 During any paid 21.9. Periods of leave of absence, paid or unpaid, taken under the unit member may endorse to the District the temporary disability indemnity checks received on account provisions of his/her industrial accident or illness. The District, in turnthis section, shall issue the unit member appropriate salary warrants for payment not be considered a break in service of the unit member's salary, and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the employee for periods covered by such salary warrants.
12.6.9 Any unit member receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California, unless the Governing Board authorizes travel outside the state.
12.6.10 When all available leaves of absence have been exhausted and the unit member is not medically able to return to all the duties of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absence.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents or illnesses that are job- incurred, Bargaining unit members who have been continuously employed by the District for no less than one full year of service (as appropriate for the classification in which the employee is employed) and who suffer a bona fide work-related accident or illness shall be provided entitled to a leave benefits under of absence subject to the following provisions:
12.6.1 Allowable leave terms of this section. For the purposes of this section, a work-related accident or illness shall be considered bona fide when the District's workers' compensation carrier acknowledges the legitimacy of the employee's claim.
(a) A unit member suffering an injury or illness arising out of and in the course and scope of his/her employment shall be entitled to a leave of up to sixty (60) work days during which the colleges of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one fiscal year for the same accidentaccident or illness.
12.6.2 Allowable (b) Industrial accident and illness leave shall not be accumulated accumulative from year to year.
12.6.3 (c) Industrial accident or illness leave shall will commence on the first (1st) day of absence.
12.6.4 When a faculty member is absent from his/her duties (d) Payment for wages lost on account of an industrial accident or illness, he/she any day shall be paid such portion of the salary due him/her for any month in which the absence occurs asnot, when added to his/her temporary disability indemnity an award granted the employee under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes Workers' Compensation laws of this sectionstate, however, exceed the maximum and minimum average weekly earnings set forth in Section 4453 of normal wages for the Labor Code shall otherwise not be deemed applicableday.
12.6.5 (e) Industrial accident or illness leave shall will be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity awardcompensation award made under Workers' Compensation.
12.6.6 (f) When an industrial accident or illness leave overlaps occurs at a time when full 60 days will overlap into the next fiscal year, the unit member employee shall be entitled to only that amount remaining at the amount end of unused industrial accident the fiscal year in which the injury or illness leave due him/her occurred, for the same illness or injury.
12.6.7 Upon termination Section 7(a) For the first 60 working days of disability the industrial accident or illness leaveleave of absence is to be used in lieu of accumulated sick leave acquired under Section 45191 of the Education Code. In the event the employee remains disabled after 60 working days, the unit member employee's sick leave shall then be entitled to utilized. If an employee is receiving Workers' Compensation payments, the benefits provided in Education Code Sections 87780, 87781 and 87786, and for the purposes employee's accumulated paid leaves of each of these sections his/her absence shall be deemed integrated with Workers' Compensations to have commenced on provide no more than a full day's pay. Integration of accumulated paid leaves of absence and Workers' Compensation means that only so much of the date of termination for the industrial accident person's accumulated or illness available sick leave, provided that if the unit member continues to receive temporary dis- ability indemnityaccumulated compensating time, he/she may elect to take as much of his/her accumulated sick vacation or other available leave which, will be used which when added to his/her temporary disability indemnity, the Workers' Compensation payments will result in provide for a payment to him/her of not more than his/her full day's wage or salary.
12.6.8 During any paid Section 7(b) Periods of leave of absence, paid or unpaid, shall not be considered as a break in service of the unit member may employee.
Section 7(c) During all paid leaves of absence, whether industrial accident leave as provided in this section, sick leave, vacation, compensated time off or other available leave provided by law or the action of a governing board, the employee shall endorse to the District the temporary disability indemnity wage loss benefit checks received on account under the Workers' Compensation laws of his/her industrial accident or illnessthis state. The District, in turn, shall issue the unit member employee appropriate salary warrants for payment of the unit member's salary, wages or salary and shall deduct normal retirement, retirement and other authorized contributions.
Section 7(d) When all available leaves of absence, paid or unpaid, have been exhausted and if the temporary disability indemnity, if any, actually paid to, and retained byemployee is not medically able to assume the duties of his or her position, the employee shall, if not placed in another position, be placed on a reemployment list for periods covered by such salary warrantsa period for 39 months. When medically released to return to duty during the 39 month period, the person shall be employed in a vacant position in the class of the person's previous assignment over all other available candidates except for a reemployment list established because of lack of work or lack of funds, in which case the person shall be listed in accordance with appropriate seniority regulations.
12.6.9 Section 7(e) Any unit member employee receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California, California unless the Governing Board governing board authorizes travel outside the state.
12.6.10 When all available leaves of absence have Section 7(f) Any employee who has been exhausted and the unit member is not placed on a reemployment list, as provided herein, who has been medically able to released for return to all the duties of his/her prior assignment, the District duty and who fails to accept an appropriate assignment shall be dismissed.
Section 7(g) The governing board may provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of for additional leave of absence, paid or unpaid, as it deems appropriate.
Appears in 1 contract
Industrial Accident and Illness Leave. For accidents 16.7.1 The accident or illnesses that are job- incurred, illness must have arisen out of and in the course of the unit members shall member's employment with the District and must be provided leave benefits under accepted as a bonafide injury or illness arising out of and in the following provisions:course of employment with the District by the State Compensation Insurance Fund.
12.6.1 16.7.2 Allowable leave shall be for the number of days of temporary disability but not to exceed sixty (60) days during which the colleges of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one fiscal year for the same accidentworking days.
12.6.2 16.7.3 Allowable leave shall not be accumulated from year to year.
12.6.3 Industrial accident or illness 16.7.4 The leave under these rules and regulations shall commence on the first (1st) day of absence.
12.6.4 16.7.5 When a faculty unit member is absent from his/her duties on account of an industrial accident or illness, hes/she he shall be paid such portion of the salary due him/her for any month in which the absence occurs as, when added to his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
12.6.5 16.7.6 Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity award.
12.6.6 16.7.7 When an industrial accident or illness leave overlaps into the next fiscal year, the unit member employee shall be entitled to only the amount of unused industrial accident or illness leave due him/her him for the same illness or injury.
12.6.7 16.7.8 Upon termination of the industrial accident or illness leave, the unit member shall be entitled to the benefits provided in Education Code Sections 87780, 87781 and 87786Section 16.1 of this Article, and for the purposes of each of these sections the leaves provided for in Section 16.1, his/her absence shall be deemed to have commenced on the date of termination for of the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability disability indemnity, hes/she may elect to he shall take as much of his/her accumulated sick leave which, when added to his/her temporary disability indemnity, will result in a payment to him/her of not more than his/her full salary.
12.6.8 16.7.9 During any paid leave of absence, the unit member may employee shall endorse to the District the temporary disability indemnity checks received on account of his/her industrial accident or illness. The District, in turn, shall issue the unit member employee appropriate salary warrants for payment of the unit memberemployee's salary, salary and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, to and retained by, by the employee for periods covered by such salary warrants.
12.6.9 16.7.10 Any unit member receiving benefits as a result of this section Section shall, during periods of injury or illness, remain within the State of California, California unless the Governing Board of Trustees authorizes travel outside the state.
12.6.10 When all available leaves of absence have been exhausted and the unit member is not medically able to return to all the duties of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absence.
Appears in 1 contract
Samples: Labor Agreement
Industrial Accident and Illness Leave.
A. For accidents or illnesses that which are job- incurredindustrially-caused, unit members shall will be provided leave benefits under the following provisions:
12.6.1 1. Allowable leave shall will be sixty (60) days during which the colleges schools of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one (1) fiscal year for the same accident.
12.6.2 2. Allowable leave shall will not be accumulated from year to year.
12.6.3 3. Industrial accident or illness leave shall will commence on the first (1st) day of absence.
12.6.4 4. When a faculty unit member is absent from his/her their duties on account of due to an industrial accident or illness, he/she shall they will be paid such portion of the salary due him/her them for any month in which the absence occurs as, when added to his/her their temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her them of not more than his/her their full salary. The phrase, "full salary," as utilized in this section, shall section will be computed so that it shall will not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall will otherwise not be deemed applicable.
12.6.5 Industrial 5. For approved workers’ compensation claims, industrial accident or illness leave shall will be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity award. If a claim is delayed or denied, the employee’s accumulated sick leave will be used.
12.6.6 6. When an industrial accident or illness leave overlaps into the next fiscal year, the unit member shall will be entitled only to only the amount of unused industrial accident or and illness leave due him/her to them for the same illness or and injury.
12.6.7 7. Upon termination of the industrial accident or and illness leave, the unit member shall will be entitled to the benefits provided in Education Code Sections 87780, 87781 and 87786, and for the purposes of each of these sections his/her their absence shall will be deemed to have commenced on the date of termination for of the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability disability indemnity, he/she they may elect to take as much of his/her their accumulated sick leave which, when added to his/her their temporary disability indemnity, will result in a payment to him/her them of not more than his/her their full salary. (See Sick Leave, Article 18-A, Section 1).
12.6.8 8. During any paid leave of absence, the unit member may will endorse to the District the temporary disability indemnity checks received on account of his/her due to their industrial accident or illness. The District, in turn, shall will issue the unit member appropriate salary warrants for payment of the unit member's ’s salary, and shall will deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the employee for periods covered by such salary warrants.
12.6.9 Any unit member receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California, unless the Governing Board authorizes travel outside the state.
12.6.10 9. When all available leaves of absence have been exhausted and the unit member is not medically able to return to all the duties of his/her their prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement will meet with the unit membermember to discuss accommodations as required by state and federal law. If the District cannot provide a reasonable accommodation, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by unit member will be separated from the position, despite his/her disability, prior to the exhaustion of leave of absenceDistrict.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Industrial Accident and Illness Leave.
A. For accidents or illnesses that are job- incurredindustrially-caused, unit members shall will be provided leave benefits under the following provisions:
12.6.1 1. Allowable leave shall will be sixty (60) days during which the colleges schools of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one (1) fiscal year for the same accident.
12.6.2 2. Allowable leave shall will not be accumulated from year to year.
12.6.3 3. Industrial accident or illness leave shall will commence on the first (1st) day of absence.
12.6.4 4. When a faculty unit member is absent from his/her their duties on account of due to an industrial accident or illness, he/she shall they will be paid such portion of the salary due him/her them for any month in which the absence occurs as, when added to his/her their temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her their full salary. The phrase, "full salary," as utilized in this section, shall section will be computed so that it shall will not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall will otherwise not be deemed applicable.
12.6.5 Industrial 5. For approved workers’ compensation claims industrial accident or and illness leave shall will be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity award. If a claim is delayed or denied, the employee’s accumulated sick leave will be used.
12.6.6 6. When an industrial accident or and illness leave overlaps into the next fiscal year, the unit member shall will be entitled to only the amount of unused industrial accident or and illness leave due him/her them for the same illness or and injury.
12.6.7 7. Upon termination of the industrial accident or illness leave, the unit member shall will be entitled to the benefits provided in Education Code Sections 87780, 87781 and 87786, and for the purposes of each of these sections his/her their absence shall will be deemed to have commenced on the date of termination for of the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability disability indemnity, he/she they may elect to take as much of his/her their accumulated sick leave which, when added to his/her their temporary disability indemnity, indemnity will result in a payment to him/her them of not more than his/her their full salary.
12.6.8 8. During any paid leave of absence, the unit member may endorse to the District the temporary disability indemnity checks received on account of his/her due to their industrial accident or illness. The District, in turn, shall will issue the unit member appropriate salary warrants for payment of the unit member's salary, and shall will deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the employee for periods covered by such salary warrants.
12.6.9 Any unit member receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California, unless the Governing Board authorizes travel outside the state.
12.6.10 When all available leaves of absence have been exhausted and the unit member is not medically able to return to all the duties of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absence.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Industrial Accident and Illness Leave. For accidents or illnesses that are job- incurredAn industrial accident and illness is one which occurs while the unit member is working within the scope of his employment and is in paid status with the District. In accordance with Education Code section 44984, industrial accident and illness leave shall be in effect for all unit members shall be provided leave benefits under of the District according to the following provisions:
12.6.1 A. Allowable leave shall be for not more than sixty (60) days during which the colleges schools of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one fiscal year for the same accident.
12.6.2 B. Allowable leave shall not be accumulated from year to year.
12.6.3 C. Industrial accident or illness leave shall commence on the first (1st) day of absence.
12.6.4 D. When a faculty member person employed in a position requiring certification qualification is absent from his/her duties on account of an industrial accident or illness, he/she shall be paid such portion of the salary due him/her for any month in which the absence occurs as, when added to his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
12.6.5 E. Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity award.
12.6.6 F. When an industrial accident or illness leave overlaps into the next fiscal year, the unit member shall be entitled to only the amount of unused industrial accident or illness sick leave due him/her for the same illness or injury.
12.6.7 G. Upon termination of the industrial accident or illness leave, the unit member shall be entitled to the benefits provided in Education Code Sections 87780section 44977, 87781 44978, and 87786, 44983 and for the purposes of each of these sections his/her sections, the unit member’s absence shall be deemed to have commenced on the date of termination for of the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability disability indemnity, he/she may elect to take as much of his/her accumulated sick leave which, which when added to his/her temporary disability indemnity, will result in a payment to him/her of not more than his/her full salary.
12.6.8 H. During any paid leave of absence, the unit member may endorse to the District the temporary disability indemnity checks received on account of his/her industrial accident or illness. The District, in turn, shall issue the unit member member’s appropriate salary warrants for payment of the unit member's salary, ’s salary and shall deduct normal retirement, retirement and other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the employee for periods covered by such salary warrants.
12.6.9 I. Any unit member receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California, unless the Governing Board authorizes travel outside the state.
12.6.10 When all available leaves of absence have been exhausted and the unit member is not medically able to return to all the duties of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absence.
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Samples: Collective Bargaining Agreement
