Common use of Industrial Accident Leave Clause in Contracts

Industrial Accident Leave. 12.6.1 Unit Members will be entitled to industrial accident leave according to the provision in Education Code Section 88192 for personal injury which has qualified for workers' compensation insurance program. 12.6.2 A unit member suffering an injury or illness arising out of and in the course and scope of employment shall be entitled to a leave of up to sixty (60) working days in any one fiscal year for the same accident or illness. This leave shall not be accumulated from year to year, and when any leave will overlap a fiscal year, the unit member 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 The District has, at its expense, the right to have the unit member 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 a disability is attributable to the injury involved. 12.6.4 For any days of absence from duty as a result of the same industrial accident, the unit member shall endorse to the District any wage loss benefit check received from the workers' compensation carrier which would make the total compensation from both sources exceed 100 percent of the amount the unit member would have received as salary had there been no industrial accident or illness. If the unit member fails to endorse to the District any wage loss disability indemnity check received on account of the industrial accident or illness as provided above, the District shall deduct from the unit member's salary warrant the amount of such disability indemnity actually paid to and retained by the unit member. 12.6.5 The industrial accident or illness leave is to be used in lieu of normal sick leave benefits. When entitlement to industrial accident or illness leave under this section has been exhausted, entitlement to other sick leave, vacation or other paid leave may then be used. If, however, a 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, such unit member shall be entitled to use only so much 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.

Appears in 8 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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Industrial Accident Leave. 12.6.1 Unit Members will be entitled to industrial 14.3.1 Industrial accident leave according to the provision in Education Code Section 88192 for personal injury which has qualified for workers' compensation insurance program. 12.6.2 A unit member suffering an injury or illness arising out of and in the course and scope of employment with full pay shall be entitled to a leave of allowed for up to sixty (60) working days for illness or injury caused by any given industrial accident. The 60-day period referred to in any one fiscal year for this Section is defined as the same sixty (60) days immediately following the industrial accident or illnessduring which the Adult Education is in session. This When such a leave shall not be accumulated from year to year, and when any leave will overlap a overlaps into the next fiscal year, the unit member shall be entitled to only that the amount remaining at the end of the fiscal year in which the injury or illness occurred. 12.6.3 The District has, at its expense, the right to have the unit member 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 a disability is attributable to the injury involved. 12.6.4 For any days of absence from duty as a result of unused leave due for the same industrial accident. Industrial accident leave is not deducted from accumulated sick leave. 14.3.2 During an industrial accident leave, the unit member shall endorse to the District any wage loss benefit check all temporary disability indemnity checks received from under the workers' compensation carrier which would make the total compensation from both sources exceed 100 percent provisions of the amount Workers' Compensation law. 14.3.3 The District reserves the right to require a unit member would have received as salary had there been no to furnish proof from a physician of cause and necessity of absence during an industrial accident or illness. If the unit member fails to endorse to the District any wage loss disability indemnity check received on account of the leave. 14.3.4 When entitlement for industrial accident or illness as provided above, the District shall deduct from the unit member's salary warrant the amount of such disability indemnity actually paid to and retained by the unit member. 12.6.5 The industrial accident or illness leave is to be used in lieu of normal sick leave benefits. When entitlement to industrial accident or illness leave under this section has been exhausted, entitlement the unit member may elect to other use any sick leave, vacation leave or other paid leave may then be used. If, however, a to which the 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 sectionentitled, provided that payment for any such unit member shall be entitled to use only so much accumulated and available normal sick paid leave and vacation leave which, when added to any temporary disability indemnity shall result in a payment to the workers' unit member of not more than full salary less appropriate deductions. 14.3.5 When all available paid leaves have been exhausted and the unit member is not able to resume the duties of the position, in lieu of resigning the unit member may elect to do one of the following: take a personal leave without pay pursuant to Section 8.5 of Article VIII for not to exceed the remainder of the school year in which the leave occurs, or retire if eligible pursuant to the provisions of the State retirement system. 14.3.6 Industrial accident," as used in this Section is defined as any illness or injury arising directly out of the employment of the unit member which forces the unit member to absent himself/herself from work upon the advice of a physician. The determination of whether an illness or injury results from an "industrial accident" shall be made by the District after review of reports made by appropriate medical care providers, the employee and the supervisor. 14.3.7 Determination of compensation awardfor an illness or injury resulting from an industrial accident shall be made by the Workers’ Compensation Insurer and the District after review of reports made by appropriate medical care providers, provides for a day's pay at the regular rate of payemployee, and the supervisor.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Industrial Accident Leave. 12.6.1 Unit Members will be entitled to industrial accident Allowable leave according to the provision in Education Code Section 88192 for personal injury which has qualified for workers' compensation insurance program. 12.6.2 A unit member suffering an injury or illness arising out of and in the course and scope of employment shall be entitled to a leave of up to for not more than sixty (60) working days during which the schools of the District are required to be in session or when the bargaining unit member would otherwise have been performing work for the District in any one fiscal year for the same accident. 12.4.1 Industrial accident or illness. This illness leave shall commence on the first day of absence. 12.4.2 Allowable leave shall not be accumulated from year to year. 12.4.3 Any bargaining unit member receiving benefits as a result of this section shall, during period of injury or illness, remain within the state of California unless the School board authorizes travel outside the State. 12.4.4 When a bargaining unit member is absent from duties on account of an industrial accident or illness, the bargaining unit member shall be paid such portion of the salary due for any one month in which the absence occurs as, when added to temporary disability indemnity under Division 4 or Division 4.5 of the Labor Code, will result in a payment of not more than full salary. 12.4.5 Industrial accident or illness leave shall be reduced by one day for each day of authorized absence regardless of a temporary disability indemnity reward. 12.4.6 During any paid leave of absence, the bargaining unit member shall endorse to the District the temporary disability indemnity checks received on account of industrial accident or illness. The District, in turn, shall issue the bargaining unit member the appropriate salary and when any shall deduct normal retirement and other authorized contributions. 12.4.7 When an industrial accident or illness leave will overlap a overlaps into the next fiscal year, the bargaining unit member shall be entitled to only that the amount remaining at of unused leave due for the end of the fiscal year in which the injury same illness or illness occurredinjury. 12.6.3 The District has, at its expense, the right to have the unit member 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 a disability is attributable to the injury involved. 12.6.4 For any days of absence from duty as a result of the same industrial accident, the unit member shall endorse to the District any wage loss benefit check received from the workers' compensation carrier which would make the total compensation from both sources exceed 100 percent of the amount the unit member would have received as salary had there been no industrial accident or illness. If the unit member fails to endorse to the District any wage loss disability indemnity check received on account 12.4.8 Upon termination of the industrial accident or illness as provided aboveleave, the District shall deduct from the unit member's salary warrant the amount of such disability indemnity actually paid to and retained by the unit member. 12.6.5 The industrial accident or illness leave is to be used in lieu of normal sick leave benefits. When entitlement to industrial accident or illness leave under this section has been exhausted, entitlement to other sick leave, vacation or other paid leave may then be used. If, however, a 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, such bargaining unit member shall be entitled to the benefits provided in Education Code Sections 44977, 44978, 44983. For the purposes of each of these sections, absence shall be deemed to have commenced on the date of termination of the industrial accident or illness leave, provided that, the bargaining unit member continues to receive temporary disability indemnity, the bargaining unit member will, after having full written notification, begin to use only so much accumulated and available normal sick leave and vacation leave which, when leave. When this is added to the workers' compensation awardtemporary indemnity, provides for it will result in a day's pay at the regular rate payment of paynot more than full salary.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Industrial Accident Leave. 12.6.1 8.6.1 Unit Members members will be entitled to industrial accident leave according to the provision provisions in Education Code Section 88192 45192 for personal injury which has qualified for workers' worker's compensation under the provisions of the worker's compensation insurance program. 12.6.2 8.6.2 A unit member suffering an injury or illness arising out of and in the course and scope of employment shall be entitled to a leave of up to sixty (60) working days in any one fiscal year for the same accident or illness. This leave shall not be accumulated from year to year, and when any leave will overlap a fiscal year, the unit member shall be entitled to only that amount remaining at the end of the fiscal year in which the injury or illness occurred. Except in cases involving catastrophic workers compensation injuries, entitlement to industrial accident leave under this section shall require employees to have been employed by the District for a minimum of sixty (60) days. 12.6.3 8.6.3 The District has, at its expense, the right to have the a unit member 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 a disability is attributable to the injury involved. 12.6.4 8.6.4 For any days of absence from duty as a result of the same industrial accident, the unit member shall endorse to the District any wage loss benefit check received from the workers' workers compensation carrier provider which would make the total compensation from both sources exceed 100 percent of the amount the that unit member would have received as salary had there been no industrial accident or illness. If the unit member fails to endorse to the District any wage loss disability disability, indemnity check received on account of the industrial accident or illness as provided above, the District shall deduct from the unit member's salary warrant warrant, the amount of such disability indemnity actually paid to and retained by the unit member. 12.6.5 . The industrial accident or illness leave is to be used in lieu of normal sick leave benefits. When entitlement to industrial accident or illness leave under this section has been exhausted, entitlement to other sick leave, vacation or other paid leave may then be used. If, however, a unit member is still receiving temporary disability payments under the workers' worker's compensation laws of this State at the time of the exhaustion of benefits under this section, such unit member shall be entitled to use only so much accumulated and available normal sick leave and vacation leave leave, which, when added to the workers' worker's compensation award, provides for a day's pay at the regular rate of pay. 8.6.5 Any time a unit member on industrial accident or illness leave is able to return to work, such member shall be reinstated in a like position without loss of pay or benefits. 8.6.6 The District shall notify unit members of their right to predesignate a physician in cases of an industrial accident and provide a form for such pre designation. Unit members may change or modify their physician designation annually.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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Industrial Accident Leave. 12.6.1 Unit Members will be entitled 1. All unit members are eligible for occupational accident and illness leave because of occupational injury or illness. 2. Definition The term "qualifying for worker's compensation" presupposes that an accident report has been filed according to established procedures and that the School Insurance Authority considers the claim valid. In the event of rejection of the claim by the School Insurance Authority industrial accident leave according to the provision in Education Code Section 88192 for personal injury which has qualified for workers' compensation insurance programshall not apply. 12.6.2 A unit member suffering an 3. Unit members, who are absent from duty because of illness or injury or illness arising out resulting from industrial accident, qualifying for worker's compensation, are granted industrial accident leave under the following conditions: a. Industrial accident leave applies from the first day of such absence from duty to, and in including the course and scope last day of employment shall be entitled to a leave of up to such absence from duty, but not exceeding sixty (60) working days in any one fiscal year for the same industrial accident. b. The amount of salary paid to such unit member in any calendar month will be the salary he/she would have received had he/she not suffered the industrial accident or illness. This If the unit member is still absent from duty as a result of such industrial accident he/she shall be entitled to the benefits provided by law and District policy for accrued sick leave, extended sick leave, and advanced sick leave, respectively. c. Allowable industrial accident leave shall not be accumulated from year to year. d. In order to be eligible for industrial accident leave the unit member, while absent from duty with the District, shall remain within the State of California unless prior approval is granted by the Board for travel outside the state. e. A unit member who is eligible for reinstatement and when any has been medically released for return to his/her duties, but fails to accept an appropriate assignment, shall be terminated or placed on health leave will overlap a fiscal yearof absence. f. When all available leaves of absence, paid or unpaid, have been exhausted and the unit member is not medically able to assume the duties of his/her position, he/she may be terminated. The unit member shall be entitled eligible for reemployment upon submission of a physician's statement that he/she is able to only that amount remaining at the end of the fiscal year in which the injury or illness occurredassume his/her duties. 12.6.3 The District has, at its expense, the right to have the unit member 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 a disability is attributable to the injury involved. 12.6.4 For any days of absence from duty as a result of the same industrial accident, the unit member shall endorse to the District any wage loss benefit check received from the workers' compensation carrier which would make the total compensation from both sources exceed 100 percent of the amount the unit member would have received as salary had there been no industrial accident or illness. If the unit member fails to endorse to the District any wage loss disability indemnity check received on account of the industrial accident or illness as provided above, the District shall deduct from the unit member's salary warrant the amount of such disability indemnity actually paid to and retained by the unit member. 12.6.5 The industrial accident or illness leave is to be used in lieu of normal sick leave benefits. When entitlement to industrial accident or illness leave under this section has been exhausted, entitlement to other sick leave, vacation or other paid leave may then be used. If, however, a 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, such unit member shall be entitled to use only so much 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.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Industrial Accident Leave. 12.6.1 9.6.1 Unit Members members will be entitled to industrial accident leave according to the provision in Education Code Section 88192 for personal injury which only if the injury has qualified for workers' worker's compensation insurance programunder the provisions of the State Compensation Insurance Fund. 12.6.2 A unit member suffering an injury or illness arising out of and in the course and scope of employment 9.6.2 Such leave shall be entitled to a leave of up to not exceed sixty (60) working days during which the schools of the District are required to be in session or when the employee would otherwise have been performing work for the District in any one fiscal year for the same accident or illness. This leave shall not be accumulated from year to year, and when any leave will overlap a fiscal year, the unit member shall be entitled to only that amount remaining at the end of the fiscal year in which the injury or illness occurredindustrial accident. 12.6.3 The District has, at its expense, the right to have the unit member 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 a disability is attributable to the injury involved. 12.6.4 For any days of absence from duty as a result of the same industrial accident, the unit member shall endorse to the District any wage loss benefit check received from the workers' compensation carrier which would make the total compensation from both sources exceed 100 percent of the amount the unit member would have received as salary had there been no industrial accident or illness. If the unit member fails to endorse to the District any wage loss disability indemnity check received on account of the industrial accident or illness as provided above, the District shall deduct from the unit member's salary warrant the amount of such disability indemnity actually paid to and retained by the unit member. 12.6.5 9.6.3 The industrial accident or illness leave is to be used in lieu of normal sick leave benefits. When entitlement to industrial accident or illness leave under this section has been exhausted, entitlement to other sick leave, vacation or other paid leave may then will be used. If, however, a bargaining unit member is still receiving temporary disability payments payment under the workers' compensation Worker's Compensation laws of this State state at the time of the exhaustion of benefits under this section, such unit member he/she shall be entitled to use only so much of his/her accumulated and available normal sick leave and vacation leave which, which when added to the workers' compensation Worker's Compensation award, provides for a day's ’s pay at the regular rate of pay. 9.6.4 The District has the right to have the unit member examined by a physician designated by and paid for 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 a disability is attributable to the injury involved. 9.6.5 For any days of absence from duty as a result of the same industrial accident, the total compensation from the unit member from both sources shall not exceed 100 percent of the amount the unit member would have received as salary had there been no industrial accident or illness. If the unit member fails to endorse to the District any wage loss disability, indemnity check received on account of the industrial accident or illness as provided above, the District shall deduct from the unit member's salary warrant, the amount of such disability indemnity actually paid to and retained by the unit member.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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