Common use of Industrial Accident Leave Clause in Contracts

Industrial Accident Leave. 5.8.1 Unit Members will be entitled to industrial accident leave according to the provision in Education Code Section 87787 for personal injury which has qualified for Worker's Compensation under the provisions of the State Compensation Insurance Fund. 5.8.2 A Unit Member who has suffered possible injury in the performance of assigned duties shall immediately undergo such medical examination as the employer deems necessary. The Unit Member shall not be considered absent from duty during the time required for such examination. 5.8.3 The District has the right to have the Unit Member examined by a physician designated by the District, unless the Unit Member has pre-designated a personal physician, to assist in determining the length of time during which the Unit Member will be temporarily unable to perform assigned duties and the degree to which a disability is attributable to the injury involved. 5.8.4 All medical examinations required by the District shall be at no cost to the Unit Member. 5.8.5 A Unit Member who is unable to perform any appropriate work assignment because of disability incurred in the performance of assigned duties shall be entitled to the following disability leave benefits: 5.8.5.1 Such leave shall not exceed sixty (60) days during which the District is 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 industrial accident. 5.8.5.2 During any period of disability for which payment is not provided under the California Workmen’s Compensation, Insurance and Safety Act, (C.W.C.I.A.), the Unit Member shall be placed on disability leave with pay to the extent of any leave with pay that the Unit Member has accrued. Such disability leave with pay shall be charged against the Unit Member's accrued leave with pay. 5.8.5.3 During any period of disability for which payment is provided under C.W.C.I.A., the Unit Member may elect to receive District disability leave with pay to the extent such leave time as accrued, providing, the C.W.C.I.A. received by the Unit Member are endorsed to the District. Under such circumstances, the Accrued Leave with pay shall be reduced proportionate to C.W.C.I.A. reimbursement for each full day of absence for which temporary C.W.C.I.A. benefits are endorsed to the District. 5.8.6 All disability leave provisions of this section shall terminate on the date of the Unit Member's recovery from disability, receipt of permanent disability under C.W.C.I.A., retirement, termination from District employment, or death.

Industrial Accident Leave. 5.8.1 15.7.1 Unit Members members will be entitled to industrial accident leave according to the provision provisions in Education Code Section 87787 for personal injury which has qualified for Worker's Compensation workers' compensation under the provisions of the State Compensation Insurance Fund. 5.8.2 A Unit Member who has suffered possible injury in the performance of assigned duties shall immediately undergo such medical examination as the employer deems necessary. The Unit Member 15.7.2 Such leave shall not exceed sixty (60) days during which the schools of the District are required to be considered absent from duty during in session or when the time required employee would otherwise have been performing work for such examinationthe District in any one fiscal year for the same industrial accident. 5.8.3 15.7.3 The District has the right to have the Unit Member unit member examined by a physician designated by the District, unless the Unit Member has pre-designated a personal physician, District to assist in determining the length of time during which the Unit Member unit member will be temporarily unable to perform assigned duties and the degree to which a disability is attributable to the injury involved. 5.8.4 All medical examinations required by 15.7.4 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 from the Self-Funded Workers' Compensation Insurance Fund which would make the total compensation from both sources exceed one hundred percent (100%) 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 be at no cost deduct from the unit member's salary warrant, the amount of such disability indemnity actually paid to and retained by the Unit Memberunit member. 5.8.5 A Unit Member who is unable to perform any appropriate work assignment because of disability incurred in 15.7.5 When the performance of assigned duties shall be entitled to the following disability leave benefits: 5.8.5.1 Such leave shall not exceed sixty (60) days during which of industrial accident and 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 District is required person shall be entitled to be in session use only so much of the person’s accumulated or available personal illness or injury leave, or other available leave which, when added to the Unit Member would otherwise have been performing work workers’ compensation award, provide for the District in any one (1) fiscal year for the same industrial accidentemployee’s full day’s wage or salary. 5.8.5.2 During any period of disability for which payment is not provided under the California Workmen’s Compensation, Insurance and Safety Act, (C.W.C.I.A.), the Unit Member shall be placed on disability leave with pay to the extent of any leave with pay that the Unit Member has accrued. Such disability leave with pay shall be charged against the Unit Member's accrued leave with pay. 5.8.5.3 During any period of disability for which payment is provided under C.W.C.I.A., the Unit Member may elect to receive District disability leave with pay to the extent such leave time as accrued, providing, the C.W.C.I.A. received by the Unit Member are endorsed to the District. Under such circumstances, the Accrued Leave with pay shall be reduced proportionate to C.W.C.I.A. reimbursement for each full day of absence for which temporary C.W.C.I.A. benefits are endorsed to the District. 5.8.6 All disability leave provisions of this section shall terminate on the date of the Unit Member's recovery from disability, receipt of permanent disability under C.W.C.I.A., retirement, termination from District employment, or death.

Industrial Accident Leave. 5.8.1 13.6.1 Unit Members members will be entitled to industrial accident leave according to the provision provisions in Education Code Section 87787 45192 for personal injury which has qualified for Worker's Compensation workers' compensation under the provisions of the State Self-Insured Schools of Tulare County- Workers' Compensation Insurance Fund.J.P.A. 5.8.2 A Unit Member who has suffered possible 13.6.2 An employee suffering an injury or illness arising out of and in the performance course of assigned duties the scope of employment shall immediately undergo such medical examination as be entitled to a leave of up to sixty (60) workdays in any one fiscal year for the employer deems necessarysame accident or illness. 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 employee's normal wage for the day. The Unit Member 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, an employee is still receiving temporary disability payments under the workers' compensation laws of this state at the time of exhaustion of benefits under this section, the employee shall be entitled to use only so much accumulated and available normal sick leave and vacation which, when added to the workers' compensation award, provides for a day's pay at the regular rate of pay. When the need to utilize this leave overlaps a fiscal year, the employee is entitled to only that amount of leave remaining at the end of the fiscal year in which the injury or illness occurred. This leave shall not be considered absent accumulated from duty during the time required for such examinationyear to year. 5.8.3 13.6.3 The District has the right to have the Unit Member unit member examined by a physician designated by the District, unless the Unit Member has pre-designated a personal physician, District to assist in determining the length of time during which the Unit Member employee will be temporarily unable to perform assigned duties and the degree to which a disability is attributable to the injury involved. Nothing in this section limits the employee's right to go his/her own physician also. 5.8.4 All medical examinations required by the District shall be at no cost to the Unit Member. 5.8.5 A Unit Member who is unable to perform 13.6.4 For any appropriate work assignment because days of disability incurred in the performance absence from duty as a result of assigned duties shall be entitled to the following disability leave benefits: 5.8.5.1 Such leave shall not exceed sixty (60) days during which the District is 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 industrial accident. 5.8.5.2 During any period of disability for which payment is not provided under the California Workmen’s Compensation, Insurance and Safety Act, (C.W.C.I.A.), the Unit Member unit member shall be placed on disability leave with pay endorse to the extent District any wage loss benefit check from the Self- Insured Schools of Tulare County-Workers' Compensation J.P.A. which would make the total compensation from both sources exceed 100 percent (100%) 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 leave with pay that wage loss disability, indemnity check received on account of the Unit Member has accrued. Such disability leave with pay shall be charged against the Unit Member's accrued leave with pay. 5.8.5.3 During any period of disability for which payment is industrial accident or illness as provided under C.W.C.I.A.above, the Unit Member may elect to receive District disability leave with pay to shall deduct from the extent such leave time as accrued, providingunit member's salary warrant, the C.W.C.I.A. received amount of such disability indemnity actually paid to and retained by the Unit Member are endorsed to the District. Under such circumstances, the Accrued Leave with pay shall be reduced proportionate to C.W.C.I.A. reimbursement for each full day of absence for which temporary C.W.C.I.A. benefits are endorsed to the Districtunit member. 5.8.6 All disability leave provisions of this section shall terminate on the date of the Unit Member's recovery from disability, receipt of permanent disability under C.W.C.I.A., retirement, termination from District employment, or death.