Industrial Accident or Illness Leave. 12.6.1 Employees shall be granted industrial accident leave or illness leave in accordance with the following regulations: 12.6.1.1 When a unit member has completed (6) six months of continuous service with the District, he/she shall be entitled to not more than sixty working days leave of absence from work due to an industrial accident or illness in any one fiscal year for the same accident. 12.6.1.2 Allowable leave shall not be cumulative from year to year. 12.6.1.3 Industrial accident or illness leave will commence on the first day of absence. 12.6.1.4 Payment of 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. 12.6.1.5 Industrial accident leave will be reduced by one day for each day of authorized absence regardless of a compensation award made under Workers’ Compensation. 12.6.1.6 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 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 When entitlement to industrial accident or illness leave has been exhausted, entitlement to other sick leave will then be used, but if any employee is receiving workers’ compensation, he or she shall be entitled to use only so much of his/her accumulated compensation time, vacation, or other available leave which, when added to the workers’ compensation award, provide for a full day’s wages or salary. 12.6.3 Periods of leave of absence, paid or unpaid, shall not be considered a break in service of the employee. 12.6.4 During all industrial accident leave as provided in this section, the District shall receive all wage loss benefit checks and the District, in turn, shall sign the wage loss benefit checks over to the employee, and that amount shall be deducted from the employee’s normal salary or wage, and the District shall deduct normal retirement and other authorized contributions. Reduction of entitlement to leave shall be made only in accordance with this section. 12.6.5 When all available leave of absence, paid or unpaid, has been exhausted and if the employee is not medically able to assume the duties of the position, he or shall, if not placed in another position, be placed on a re-employment list for a period of 39 months. When available, during the 39 (thirty –nine) month period, he or she shall be employed in a vacant position in the class of the previous assignment over all other available candidates except for a re-employment list established because of lack of work or lack of funds, in which case he or she shall be listed in accordance with appropriate seniority regulations. 12.6.6 Any employee 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. 12.6.7 An employee who has been placed on a re-employment list, as provided herein, who has been medically released for return to duty and who fails to accept an appropriate assignment, shall be dismissed. 12.6.8 An employee has a right to see and be treated by his/her own physician in case of an industrial accident or illness. The District shall provide a form for the employee to complete, listing the employee’s physician and address for this purpose. The form shall be placed in the employee’s personnel file.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Industrial Accident or Illness Leave. 12.6.1 Employees 12.8.1. The following provisions shall be granted industrial accident leave or illness leave in accordance with the following regulations:
12.6.1.1 When a unit member has completed (6) six months of continuous service with the District, he/she shall be entitled to not more than sixty working days leave of absence from work due apply to an industrial accident or industrial illness leave by a member of the bargaining unit.
12.8.1.1. Up to sixty (60) working days of pay and benefits shall be allowed in any one fiscal year for the same accidentaccident illness.
12.6.1.2 Allowable leave shall not be cumulative from year to year.
12.6.1.3 12.8.1.2. Industrial accident or illness leave will commence on the first day of absence.
12.6.1.4 Payment of wages lost on any day 12.8.1.3. Allowable leave shall not, when added not be cumulative from year to an award granted the employee under the Workers’ Compensation laws of this State, exceed the normal wage for the dayyear.
12.6.1.5 Industrial accident leave will be reduced by one day for each day of authorized absence regardless of a compensation award made under Workers’ Compensation.
12.6.1.6 12.8.1.4. 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 that amount remaining at the end of the fiscal year in which the injury or illness occurred, occurred for the same illness or injury.
12.6.2 12.8.1.5. Industrial accident leave will be reduced by one day for each day of authorized absence regardless of a compensation award made under Workers’ Compensation.
12.8.1.6. Payment for wages lost on any day shall not, when added to an award granted the employee under the Workers’ Compensation laws of the state, exceed the normal wage for the day.
12.8.1.7. The industrial accident or illness leave of absence is to be used in lieu of entitlement acquired under normal sick leave benefits.
12.8.1.8. When entitlement to industrial accident or illness leave has been exhausted, entitlement to other sick leave will then be used, but if any an employee is receiving workersWorkers’ compensationCompensation, he or she the person shall be entitled to use only so much of his/her the person’s accumulated or available sick leave, accumulated compensation timetime off, vacation, or other available leave whichleave, which when added to the workers’ compensation Worker’s Compensation award, provide for a full day’s wages wage or salary.
12.6.3 Periods 12.8.1.9. Any employee receiving benefits pursuant to this paragraph shall, during periods of injury or illness, remain within the State of California unless the Board authorizes travel outside the state.
12.8.1.10. If periods of leave of absence, paid or unpaid, shall not be considered a break in service of the employee.
12.6.4 During all industrial accident leave as provided in this section, the District shall receive all wage loss benefit checks and the District, in turn, shall sign the wage loss benefit checks over to the employee, and that amount shall be deducted from the employee’s normal salary or wage, and the District shall deduct normal retirement and other authorized contributions. Reduction of entitlement to leave shall be made only in accordance with this section.
12.6.5 When all available leave of absence, paid or unpaid, has have been exhausted and if the employee is not medically able to assume the duties of the his/her position, he or the person shall, if not placed in another position, be placed on a re-employment reemployment list for a period of 39 months. Prior to taking such action, the employee shall be notified in writing that available paid leave has been exhausted and shall be offered an opportunity to request additional leave. To be considered, the request for additional leave must be received by the District within ten (10) calendar days after the written notice from the District has been mailed to the employee’s last home address on file in the Personnel Office. When available, during the 39 (thirty –nine) 39-month period, he or she and if medically released to assume the duties, the person shall be employed in a vacant position in the class of the person’s previous assignment assignment. This employment will be over all other available candidates except for a re-employment reemployment list established because of lack of work or lack of funds, in which case he or she the person shall be listed in accordance with appropriate seniority regulations.
12.6.6 Any employee 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.
12.6.7 An employee who has been placed on a re-employment list, as provided herein, who has been medically released for return to duty and who fails to accept an appropriate assignment, shall be dismissed.
12.6.8 An employee has a right to see and be treated by his/her own physician in case of an industrial accident or illness. The District shall provide a form for the employee to complete, listing the employee’s physician and address for this purpose. The form shall be placed in the employee’s personnel file.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Industrial Accident or Illness Leave. 12.6.1 Employees 10.6.1 Unit members shall be granted industrial accident leave or illness leave in accordance with the following regulations:
12.6.1.1 When a unit member has completed (6) six months of continuous service with the District, he/she shall be entitled to not more than sixty working days provided leave of absence from work due to an for industrial accident or illness under the following rules and regulations.
10.6.1.1 A unit member who has sustained a job related injury or illness, shall report the injury to the immediate supervisor on the District accident form, no later than the next scheduled workday following the accident, or as soon as possible.
10.6.1.2 The industrial accident or illness must have arisen out of, and in the course of, employment of the unit member, and must be accepted as a bona fide injury or illness arising out of, and in the course of, employment by the District's compensation insurance carrier.
10.6.1.3 Allowable leave for such industrial accident or illness, shall be for the number of days of temporary disability, not to exceed sixty (60) working days, when the unit member would otherwise have been performing work for the District, in any one fiscal year for the same accident.
12.6.1.2 10.6.1.4 Allowable leave for industrial accident or illness shall not be cumulative accumulated from year to year.
12.6.1.3 Industrial 10.6.1.5 The industrial accident or illness leave will under this Article shall commence on the first day of absence.
12.6.1.4 Payment 10.6.1.6 When a unit member is absent from duties due to industrial accident or illness, the member shall be paid such portion of wages lost on the salary due for any day shall notmonth in which absence occurs, as when added to an award granted temporary disability indemnity, will result in a payment of not more than full salary. The phrase, "full salary," as utilized in this subdivision, shall be computed so that it shall not be less than the employee under the Workers’ Compensation laws of this State, exceed the normal wage for the dayunit member's "regular average weekly earnings."
12.6.1.5 Industrial accident leave will be reduced by one day for each day of authorized absence regardless of a compensation award made under Workers’ Compensation.
12.6.1.6 10.6.1.7 When an industrial accident or illness occurs at a time when the full sixty (60) days will overlap leave overlaps into the next fiscal year, the employee 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, unused leave due for the same illness or injury.
12.6.2 When entitlement 10.6.1.8 During any paid leave of absence for industrial accident or illness, the unit member shall endorse to the District the temporary disability checks received due to industrial accident or illness leave has been exhausted, entitlement to other sick leave will then be used, but if any employee is receiving workers’ compensation, he or she shall be entitled to use only so much of his/her accumulated compensation time, vacation, or other available leave which, when added to the workers’ compensation award, provide for a full day’s wages or salary.
12.6.3 Periods of leave of absence, paid or unpaid, shall not be considered a break in service of the employee.
12.6.4 During all industrial accident leave as provided in this section, the District shall receive all wage loss benefit checks and the illness. The District, in turn, shall sign issue the wage loss benefit checks over to unit member's salary, in accordance with the employeeprovisions of 10.1.7.3, and that amount shall be deducted from the employee’s normal salary or wage, and the District shall deduct normal retirement and other authorized contributions. Reduction of entitlement to leave .
10.6.1.9 The benefits provided by this article shall be made only applicable to all unit members immediately upon employment in accordance with this sectionthe District.
12.6.5 10.6.1.10 Upon termination of the industrial accident or illness leave, the unit member shall be entitled to the benefits provided for sick leave, and absence for such purpose shall be deemed to have commenced on the date of termination of the industrial accident or illness leave, provided that if the unit member elects to take as much of the accumulated sick leave accumulated compensating time, vacation or other available paid leave, when added to temporary disability indemnity, will result in payment of not more than full salary.
10.6.1.11 A unit member shall be permitted to return to service after an industrial accident or industrial illness leave upon presentation of a release from the District appointed physician and/or from the treating physician, as determined by the District, certifying the unit member's ability to return to the position classification without restriction and without detriment to their physical and emotional well being. If the return to work is authorized on a restricted basis, the District will determine whether there is any reasonable accommodation possible in light of the employee's ability to perform the essential functions of his/her position, subject to confirmation of the ability to perform such functions as determined by a physician selected and paid for by the District.
10.6.1.12 Upon complying with District medical release requirements and receiving District authorization to return to work, a unit member on industrial accident or illness leave, may be reinstated in a position in the same classification without loss of status or benefits.
10.6.1.13 When all available leave leaves of absence, paid or unpaid, has have been exhausted exhausted, and if the employee unit member is not medically able to assume the duties of the his/her position, he or shall, if not placed in another position, he/she shall be placed on a re-employment reemployment list for a period of 39 months. When available, during the 39 (thirty –nine) 39-month period, he or she the unit member shall be employed in a vacant the first equivalent position in the class of the his/her previous assignment over all other available candidates candidates, except for a re-employment reemployment list established because of lack of work or lack of funds, in which case he or case, he/she shall be listed in accordance with the appropriate seniority regulations.
12.6.6 Any employee 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.
12.6.7 An employee 10.6.1.14 A unit member who has been placed on a re-employment 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.
12.6.8 An employee has a right to see and be treated by his/her own physician in case of an industrial accident or illness. The District shall provide a form for the employee to complete, listing the employee’s physician and address for this purpose. The form shall be placed in the employee’s personnel file.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Industrial Accident or Illness Leave. 12.6.1 Employees shall be granted industrial 10.5.1 Industrial accident leave or illness leave in accordance with the following regulationsprovisions are as follows:
12.6.1.1 When a 10.5.1.1 Such leave will be provided subject to all applicable provisions of Article 10 to an eligible unit member who has satisfactorily completed his/her probationary period and at least six (6) six additional months of continuous service District services.
10.5.1.1.1 Employees who have not served this required time period for this leave shall normally be eligible to apply for worker's compensation insurance benefits beginning three (3) days after the occurrence of the alleged industrial accident/illness. Employees wishing to receive salary payment for the said three (3) day waiting period shall submit a written request to the Superintendent, along with the District, he/she all appropriate documentation. The Superintendent's decision on this request shall be entitled to not final and binding.
10.5.1.2 Allowable leave shall be for no more than sixty (60) working days leave of absence from work due to an industrial accident or illness in any one (1) fiscal year for the same accidentaccident or illness.
12.6.1.2 Allowable 10.5.1.3 Leave commences on the first day of authorized absence.
10.5.1.4 Leave includes time spent in a physician's or recognized practitioner's office for preliminary or subsequent examination.
10.5.1.5 The leave shall is not be cumulative accumulative from year to year.
12.6.1.3 Industrial 10.5.1.6 When an accident or illness leave will commence on the first day of absence.
12.6.1.4 Payment of 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.
12.6.1.5 Industrial accident leave will be reduced by one day for each day of authorized absence regardless of a compensation award made under Workers’ Compensation.
12.6.1.6 When an industrial accident or illness occurs at a time when the full sixty (60) days will overlap overlaps into the next fiscal year, the employee unit member shall be entitled to only that amount of the sixty (60) days allotment remaining at the end of the fiscal year in which the injury accident or illness occurred, for the same illness or injury.
12.6.2 10.5.2 When entitlement to the industrial accident or illness leave entitlement has been exhausted, regular illness leave shall then be used.
10.5.3 When regular illness leave has been exhausted, entitlement to other sick leave will then be used, but if any employee is receiving workers’ compensation, he or she the unit member shall be entitled to use only so much of his/her accumulated compensation time, vacation, or other available earned vacation leave which, when added and to the workers’ compensation award, provide for a full day’s wages or salaryleave at half pay.
12.6.3 Periods of leave 10.5.4 When all leaves of absence, paid or unpaid, shall not be considered a break in service of the employee.
12.6.4 During all have been exhausted due to an industrial accident leave as provided in this sectionor illness, the District shall receive all wage loss benefit checks and the District, in turn, shall sign the wage loss benefit checks over to the employee, and that amount shall be deducted from the employee’s normal salary or wage, and the District shall deduct normal retirement and other authorized contributions. Reduction of entitlement to leave shall be made only in accordance with this section.
12.6.5 When all available leave of absence, paid or unpaid, has been exhausted and if the employee unit member is not medically able to assume resume the duties of his/her position or if he/she does not accept another position in the positionDistrict, he or shall, if not placed in another position, his/her name shall be placed on a re-employment the District's reemployment list for a period of 39 not to exceed thirty-nine (39) months. When available, At any time during the 39 thirty-nine (thirty –nine39) month period, he or she months the unit member shall be employed entitled to reemployment in a vacant position in his/her former class, provided that he/she has previously notified the class District in writing of the previous assignment his/her ability to resume said duties, along with medical verification of said ability. Such entitlement shall prevail over all other available candidates except for those listed on a re-employment reemployment list established because as a result of layoff for lack of work or lack of funds.
10.5.5 Upon resumption of duties in the unit member's former class, the break in which case he or she service if within the thirty-nine (39) month period, shall be listed disregarded and the unit member shall be restored in accordance with appropriate a permanent status without any loss in seniority regulationsstatus or benefits.
12.6.6 Any employee receiving benefits as 10.5.6 A written authorization from a result of this sectionlicensed physician or recognized practitioner is required prior to the unit member's return to work.
10.5.7 A unit member who, shall during periods of injury or illness, remain within the State of California unless the Governing Board authorizes travel outside the State.
12.6.7 An employee who thirty-nine (39) month period, has been placed on authorized by a re-employment list, as provided herein, who has been medically released for licensed physician or recognized practitioner to return to duty work and who fails to accept an appropriate assignment, assignment shall be dismissed.
12.6.8 An employee has a right to see and be treated by forfeit his/her own physician in case of an industrial accident or illness. The District shall provide a form for the employee to complete, listing the employee’s physician and address for this purpose. The form shall be placed in the employee’s personnel fileemployment rights.
Appears in 1 contract
Samples: Collective Bargaining Contract
Industrial Accident or Illness Leave. 12.6.1 Employees 5.5.1 Unit members shall be granted industrial accident leave or illness leave in accordance with the following regulations:
12.6.1.1 When a unit member has completed (6) six months of continuous service with the District, he/she shall be entitled to not more than sixty working days provided leave of absence from work due to an for industrial accident or illness under the following rules and regulations.
5.5.1.1 A unit member who has sustained a job-related injury or illness shall report the injury to the site administrator on the District accident form no later than the next scheduled workday following the accident or as soon as possible.
5.5.1.2 The industrial accident or illness must have arisen out of or occurred within the course and scope of employment of the unit member and must be accepted as a bona fide injury or illness arising out of and in the course and scope of employment.
5.5.1.3 Leave for such industrial accident or illness shall be for the number of days of temporary disability not to exceed sixty (60) working days during which the schools of the District are required to be in session, or when the unit member should otherwise have been performing work for the District in any one (1) fiscal year for the same accident. Industrial accident or illness leave may be extended at the discretion of the Board up to an additional sixty (60) working days where the industrial accident or illness is the result of a criminal act of violence against the unit member.
12.6.1.2 Allowable leave 5.5.1.4 Leave for industrial accident or illness shall not be cumulative accumulated from year to year.
12.6.1.3 Industrial 5.5.1.5 The industrial accident or illness leave will under this Article shall commence on the first day of absence.
12.6.1.4 Payment 5.5.1.6 When a unit member is absent from duties due to industrial accident or illness the member shall be paid such portion of wages lost on the salary due for any day shall not, month in which absence occurs as when added to an award granted temporary disability indemnity will result in a payment of not more than full salary. The phrase "full salary" as utilized in this subdivision, shall be computed so that it shall not be less than the employee under the Workers’ Compensation laws of this State, exceed the normal wage for the dayunit member's "average weekly earnings."
12.6.1.5 5.5.1.7 Industrial accident or illness leave will shall be reduced by one (1) day for each day of authorized absence regardless of a compensation award made under Workers’ Compensationtemporary disability indemnity award.
12.6.1.6 5.5.1.8 When an industrial accident or illness occurs at a time when the full sixty (60) days will overlap leave overlaps into the next fiscal year, the employee 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, unused leave due for the same illness or injury.
12.6.2 When entitlement 5.5.1.9 During any paid leave of absence for industrial accident or illness the unit member shall endorse to the District the temporary disability indemnity checks received due to industrial accident or illness leave has been exhausted, entitlement to other sick leave will then be used, but if any employee is receiving workers’ compensation, he or she shall be entitled to use only so much of his/her accumulated compensation time, vacation, or other available leave which, when added to the workers’ compensation award, provide for a full day’s wages or salary.
12.6.3 Periods of leave of absence, paid or unpaid, shall not be considered a break in service of the employee.
12.6.4 During all industrial accident leave as provided in this section, the District shall receive all wage loss benefit checks and the illness. The District, in turn, shall sign issue the wage loss benefit checks over to the employee, unit member's salary and that amount shall be deducted from the employee’s normal salary or wage, and the District shall deduct normal retirement and other authorized contributions. Reduction of entitlement to leave .
5.5.1.10 The benefits provided by this Article shall be made only applicable to all unit members immediately upon employment in accordance with this sectionthe District.
12.6.5 When all available leave of absence, paid or unpaid, has been exhausted and if the employee is not medically able to assume the duties of the position, he or shall, if not placed in another position, be placed on a re-employment list for a period of 39 months. When available, during the 39 (thirty –nine) month period, he or she shall be employed in a vacant position in the class of the previous assignment over all other available candidates except for a re-employment list established because of lack of work or lack of funds, in which case he or she shall be listed in accordance with appropriate seniority regulations.
12.6.6 5.5.1.11 Any employee member receiving benefits as a result of this sectionarticle, shall shall, during periods the period of injury or illness, remain within the State state of California unless the Governing Board governing board authorizes travel outside the Statestate.
12.6.7 An employee who has been placed 5.5.1.12 Upon termination of the industrial accident or illness leave, the unit member shall be entitled to the benefits provided for sick leave, and absence for such purpose shall be deemed to have commenced on a re-employment listthe date of termination of the industrial accident or leave, provided that if the unit member continues to receive temporary disability indemnity, the unit member may elect to take as provided hereinmuch of the accumulated sick leave which, who has been medically released for when added to temporary disability indemnity, will result in payment of not more than full salary.
5.5.1.13 A unit member shall be permitted to return to duty and who fails to accept an appropriate assignment, shall be dismissed.
12.6.8 An employee has a right to see and be treated by his/her own physician in case of service after an industrial accident or illness. The illness leave only upon presentation of a release from the District-appointed physician and/or from the treating physician, as determined by the District, certifying the unit member's ability to return to position classification without restrictions and without detriment to physical and emotional well-being.
5.5.1.14 Upon complying with District shall provide medical-release requirements and receiving District authorization to return to work, a form for the employee to completeunit member on industrial accident or illness leave may be reinstated in a position, listing the employee’s physician and address for this purpose. The form shall be placed in the employee’s personnel filesame assignment, without loss of status or benefits.
5.5.1.15 These provisions for industrial accident or illness leave shall apply only to unit members whose services are regularly scheduled.
Appears in 1 contract
Samples: Supplemental Agreement
Industrial Accident or Illness Leave. 12.6.1 Employees 13.8.1 In the event of any job-related accident or illness, regardless of how minor, the employee is required to report it to his/her immediate supervisor and to fill out the State of California Employer's Report of Occupational Injury or Illness within twenty-four hours.
13.8.2 The following requirements shall apply to industrial accident and illness leaves:
13.8.2.1 Such leaves shall be granted industrial accident leave or illness leave in accordance with the following regulations:
12.6.1.1 When a unit member has completed (6) six months of continuous service with the District, he/she shall be entitled to for not more than sixty working days leave during which the schools of absence from the District are required to be in session or when the employee would otherwise have been performing work due to an industrial accident or illness in any one fiscal year for the District for the same accident.
12.6.1.2 Allowable leave shall not be cumulative from year to year.
12.6.1.3 13.8.2.2 Industrial accident or illness leave will commence on the first day of absence. Any employee who has completed five months of service with the District shall be eligible for industrial accident or illness leave.
12.6.1.4 Payment of wages lost on any day 13.8.2.3 Such leaves shall notnot be accumulated from year to year.
13.8.2.4 Industrial accident or illness must have arisen out of, when added and in the course of, employment in the Oak Park Unified School District, and is so determined by the District's industrial accident insurance carrier or by the Industrial Accident commission.
13.8.2.5 Any illness or injury reported to an award granted the District's industrial accident insurance carrier is presumed to be job-connected. Tentatively, the District will allow the leave with pay as prescribed by law. Should the illness or injury finally be judged to have been not job-connected, the employee under may owe the Workers’ Compensation laws of this StateDistrict, exceed the normal wage for the dayin which case payroll adjustment will be arranged.
12.6.1.5 Industrial accident leave will be reduced by one day for each day of authorized absence regardless of a compensation award made under Workers’ Compensation.
12.6.1.6 When an 13.8.2.6 If any 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 in the subsequent year 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 13.8.2.7 Industrial accident or illness leave of absence is to be used in lieu of the employee's annual leave entitlement.
13.8.2.8 When entitlement to industrial accident or illness leave has been exhaustedexhausted (60 days), entitlement to other accumulated sick leave will can then be used; and thereafter, if necessary, entitlement can be used for compensatory time off accrued, earned but unused vacation leave, or any other form of applicable authorized paid leave, if any it has been accrued.
13.8.2.9 However, while the injured employee is receiving workers’ compensationdrawing from entitlement under any of the paid leave provisions listed in this Agreement, (s) he or she shall be entitled to use only so much of his/her accumulated compensation time, vacation, or other available paid leave which, as when added to the workers’ his/her worker's compensation award, disability payments will provide for a full day’s wages 's wage or salarysalary that (s) he would receive while on duty.
12.6.3 13.8.2.10 Periods of leave of absence, paid or unpaid, shall not be considered to be a break in service of the employee.
12.6.4 13.8.2.11 During all paid leaves of absence, whether industrial accident leave as provided in this sectionpolicy, sick leave, vacation, compensatory time off, or other available leave provided by law or the Board of Education, the employee shall endorse to the District shall receive all his/her wage loss benefit checks and received under the worker's compensation law. The District, in turn, shall sign issue the wage loss benefit checks over to the employee, employee appropriate warrants for payment of wages or salary and that amount shall be deducted from the employee’s normal salary or wage, and the District shall deduct normal retirement and other authorized contributionsdeductions. Reduction of entitlement to leave shall be made only in accordance with this sectionpolicy.
12.6.5 13.8.2.12 When all available leave leaves of absence, paid or unpaid, has have been exhausted exhausted, and if the employee is not medically able (upon submission of a doctor's statement) to assume the duties of the his/her position, (s) he or shall, if not placed in another like position, be placed on a re-employment reemployment list for a period of 39 thirty-nine months. When available, during the 39 (thirty –nine) thirty-nine month period, (s) he or she shall be employed in a vacant position in the class of the his/her previous assignment over all other available candidates candidates, except for a re-employment reemployment list established because of lack of work or lack of funds, in which case (s) he or she shall be listed in accordance with appropriate seniority regulations.
12.6.6 13.8.2.13 Any employee receiving benefits as a result of this sectionpolicy shall, shall during periods period of injury or illness, remain within the State state of California California, unless the Governing Board of Education authorizes travel outside the Statestate.
12.6.7 An 13.8.2.14 Any employee who has been placed on a re-employment reemployment list, as provided herein, who has been medically released for return to duty and who fails to accept an appropriate assignmentassignment as determined by the Board, shall be dismissed.
12.6.8 An employee has a right to see and be treated by his/her own physician in case of an industrial accident or illness. The District shall provide a form for the employee to complete, listing the employee’s physician and address for this purpose. The form shall be placed in the employee’s personnel file.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Industrial Accident or Illness Leave. 12.6.1 Employees 13.8.1 In the event of any job-related accident or illness, regardless of how minor, the bargaining unit member is required to report it to their immediate supervisor and to fill out the State of California Employer's Report of Occupational Injury or Illness within twenty-four hours.
13.8.2 The following requirements shall apply to industrial accident and illness leaves:
13.8.2.1 Such leaves shall be granted industrial accident leave or illness leave in accordance with the following regulations:
12.6.1.1 When a unit member has completed (6) six months of continuous service with the District, he/she shall be entitled to for not more than sixty working days leave during which the schools of absence from the District are required to be in session or when the bargaining unit member would otherwise have been performing work due to an industrial accident or illness in any one fiscal year for the District for the same accident.
12.6.1.2 Allowable leave shall not be cumulative from year to year.
12.6.1.3 13.8.2.2 Industrial accident or illness leave will commence on the first day of absence. Any bargaining unit member who has completed five months of service with the District shall be eligible for industrial accident or illness leave.
12.6.1.4 Payment of wages lost on any day 13.8.2.3 Such leaves shall not, when added not be accumulated from year to an award granted the employee under the Workers’ Compensation laws of this State, exceed the normal wage for the dayyear.
12.6.1.5 13.8.2.4 Industrial accident or illness must have arisen out of, and in the course of, employment in the Oak Park Unified School District, and is so determined by the District's industrial accident insurance carrier or by the Industrial Accident commission.
13.8.2.5 Any illness or injury reported to the District's industrial accident insurance carrier is presumed to be job-connected. Tentatively, the District will allow the leave with pay as prescribed by law. Should the illness or injury finally be judged to have been not job- connected, the bargaining unit member may owe the District, in which case payroll adjustment will be reduced by one day for each day of authorized absence regardless of a compensation award made under Workers’ Compensationarranged.
12.6.1.6 When an 13.8.2.6 If any industrial accident or illness occurs at a time when the full sixty (60) days will overlap into the next fiscal year, the employee bargaining unit member shall be entitled in the subsequent year 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 13.8.2.7 Industrial accident or illness leave of absence is to be used in lieu of the bargaining unit member's annual leave entitlement.
13.8.2.8 When entitlement to industrial accident or illness leave has been exhaustedexhausted (60 days), entitlement to other accumulated sick leave will can then be used; and thereafter, if necessary, entitlement can be used for compensatory time off accrued, earned but unused vacation leave, or any other form of applicable authorized paid leave, if it has been accrued.
13.8.2.9 However, while the injured bargaining unit member is drawing from entitlement under any employee is receiving workers’ compensationof the paid leave provisions listed in this Agreement, he or she they shall be entitled to use only so much of his/her their accumulated compensation time, vacation, or other available paid leave which, as when added to the workers’ their worker's compensation award, disability payments will provide for a full day’s wages 's wage or salarysalary that they would receive while on duty.
12.6.3 13.8.2.10 Periods of leave of absence, paid or unpaid, shall not be considered to be a break in service of the employeebargaining unit member.
12.6.4 13.8.2.11 During all paid leaves of absence, whether industrial accident leave as provided in this sectionpolicy, sick leave, vacation, compensatory time off, or other available leave provided by law or the Board of Education, the bargaining unit member shall endorse to the District shall receive all their wage loss benefit checks and received under the worker's compensation law. The District, in turn, shall sign issue the wage loss benefit checks over to the employee, bargaining unit member appropriate warrants for payment of wages or salary and that amount shall be deducted from the employee’s normal salary or wage, and the District shall deduct normal retirement and other authorized contributionsdeductions. Reduction of entitlement to leave shall be made only in accordance with this sectionpolicy.
12.6.5 13.8.2.12 When all available leave leaves of absence, paid or unpaid, has have been exhausted exhausted, and if the employee bargaining unit member is not medically able (upon submission of a doctor's statement) to assume the duties of the their position, he or they shall, if not placed in another like position, be placed on a re-employment reemployment list for a period of 39 thirty-nine months. When available, during the 39 (thirty –thirty- nine) -month period, he or she the bargaining unit member shall be employed in a vacant position in the class of the their previous assignment over all other available candidates candidates, except for a re-employment reemployment list established because of lack of work or lack of funds, in which case he or she the bargaining unit member shall be listed in accordance with appropriate seniority regulations.
12.6.6 13.8.2.13 Any employee bargaining unit member receiving benefits as a result of this sectionpolicy shall, shall during periods period of injury or illness, remain within the State state of California California, unless the Governing Board of Education authorizes travel outside the Statestate.
12.6.7 An employee 13.8.2.14 Any bargaining unit member who has been placed on a re-employment reemployment list, as provided herein, who has been medically released for return to duty and who fails to accept an appropriate assignmentassignment as determined by the Board, shall be dismissed.
12.6.8 An employee has a right to see and be treated by his/her own physician in case of an industrial accident or illness. The District shall provide a form for the employee to complete, listing the employee’s physician and address for this purpose. The form shall be placed in the employee’s personnel file.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Industrial Accident or Illness Leave. 12.6.1 Employees 10.6.1 Unit members shall be granted industrial accident leave or illness leave in accordance with the following regulations:
12.6.1.1 When a unit member has completed (6) six months of continuous service with the District, he/she shall be entitled to not more than sixty working days provided leave of absence from work due to an for industrial accident or illness under the following rules and regulations.
10.6.1.1 A unit member who has sustained a job related injury or illness, shall report the injury to the immediate supervisor on the District accident form, no later than the next scheduled workday following the accident, or as soon as possible.
10.6.1.2 The industrial accident or illness must have arisen out of, and in the course of, employment of the unit member, and must be accepted as a bona fide injury or illness arising out of, and in the course of, employment by the District's compensation insurance carrier.
10.6.1.3 Allowable leave for such industrial accident or illness, shall be for the number of days of temporary disability, not to exceed sixty (60) working days, when the unit member would otherwise have been performing work for the District, in any one fiscal year for the same accident.
12.6.1.2 10.6.1.4 Allowable leave for industrial accident or illness shall not be cumulative accumulated from year to year.
12.6.1.3 Industrial 10.6.1.5 The industrial accident or illness leave will under this Article shall commence on the first day of absence.
12.6.1.4 Payment 10.6.1.6 When a unit member is absent from duties due to industrial accident or illness, the member shall be paid such portion of wages lost on the salary due for any day shall notmonth in which absence occurs, as when added to an award granted temporary disability indemnity, will result in a payment of not more than full salary. The phrase, "full salary," as utilized in this subdivision, shall be computed so that it shall not be less than the employee under the Workers’ Compensation laws of this State, exceed the normal wage for the dayunit member's "regular average weekly earnings."
12.6.1.5 Industrial accident leave will be reduced by one day for each day of authorized absence regardless of a compensation award made under Workers’ Compensation.
12.6.1.6 10.6.1.7 When an industrial accident or illness occurs at a time when the full sixty (60) days will overlap leave overlaps into the next fiscal year, the employee 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, unused leave due for the same illness or injury.
12.6.2 When entitlement 10.6.1.8 During any paid leave of absence for industrial accident or illness, the unit member shall endorse to the District the temporary disability checks received due to industrial accident or illness leave has been exhausted, entitlement to other sick leave will then be used, but if any employee is receiving workers’ compensation, he or she shall be entitled to use only so much of his/her accumulated compensation time, vacation, or other available leave which, when added to the workers’ compensation award, provide for a full day’s wages or salary.
12.6.3 Periods of leave of absence, paid or unpaid, shall not be considered a break in service of the employee.
12.6.4 During all industrial accident leave as provided in this section, the District shall receive all wage loss benefit checks and the illness. The District, in turn, shall sign issue the wage loss benefit checks over to unit member's salary, in accordance with the employeeprovisions of 10.1.7.3, and that amount shall be deducted from the employee’s normal salary or wage, and the District shall deduct normal retirement and other authorized contributions. Reduction of entitlement to leave .
10.6.1.9 The benefits provided by this article shall be made only applicable to all unit members immediately upon employment in accordance with this sectionthe District.
12.6.5 When all available leave of absence, paid or unpaid, has been exhausted and if the employee is not medically able to assume the duties of the position, he or shall, if not placed in another position, be placed on a re-employment list for a period of 39 months. When available, during the 39 (thirty –nine) month period, he or she shall be employed in a vacant position in the class of the previous assignment over all other available candidates except for a re-employment list established because of lack of work or lack of funds, in which case he or she shall be listed in accordance with appropriate seniority regulations.
12.6.6 10.6.1.10 Any employee unit member receiving benefits as a result of this sectionarticle shall, shall during periods the period of injury or illness, remain within the State of California unless the Governing Board authorizes travel outside of the State.
12.6.7 An employee 10.6.1.11 Upon termination of the industrial accident or illness leave, the unit member shall be entitled to the benefits provided for sick leave, and absence for such purpose shall be deemed to have commenced on the date of termination of the industrial accident or illness leave, provided that if the unit member elects to take as much of the accumulated sick leave accumulated compensating time, vacation or other available paid leave, when added to temporary disability indemnity, will result in payment of not more than full salary.
10.6.1.12 A unit member shall be permitted to return to service after an industrial accident or industrial illness leave upon presentation of a release from the District appointed physician and/or from the treating physician, as determined by the District, certifying the unit member's ability to return to the position classification without restriction and without detriment to their physical and emotional well being. If the return to work is authorized on a restricted basis, the District will determine whether there is any reasonable accommodation possible in light of the employee's ability to perform the essential functions of his/her position, subject to confirmation of the ability to perform such functions as determined by a physician selected and paid for by the District.
10.6.1.13 Upon complying with District medical release requirements and receiving District authorization to return to work, a unit member on industrial accident or illness leave, may be reinstated in a position in the same classification without loss of status or benefits.
10.6.1.14 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 shall be placed on a reemployment list for a period of 39 months. When available, during the 39-month period, the unit member shall be employed in the first equivalent position in the class of his/her 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, he/she shall be listed in accordance with the appropriate seniority regulations.
10.6.1.15 A unit member who has been placed on a re-employment 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.
12.6.8 An employee has a right to see and be treated by his/her own physician in case of an industrial accident or illness. The District shall provide a form for the employee to complete, listing the employee’s physician and address for this purpose. The form shall be placed in the employee’s personnel file.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Industrial Accident or Illness Leave. 12.6.1 Employees 13.8.1 In the event of any job-related accident or illness, regardless of how minor, the bargaining unit member is required to report it to his/her immediate supervisor and to fill out the State of California Employer's Report of Occupational Injury or Illness within twenty-four hours.
13.8.2 The following requirements shall apply to industrial accident and illness leaves:
13.8.2.1 Such leaves shall be granted industrial accident leave or illness leave in accordance with the following regulations:
12.6.1.1 When a unit member has completed (6) six months of continuous service with the District, he/she shall be entitled to for not more than sixty working days leave during which the schools of absence from the District are required to be in session or when the bargaining unit member would otherwise have been performing work due to an industrial accident or illness in any one fiscal year for the District for the same accident.
12.6.1.2 Allowable leave shall not be cumulative from year to year.
12.6.1.3 13.8.2.2 Industrial accident or illness leave will commence on the first day of absence. Any bargaining unit member who has completed five months of service with the District shall be eligible for industrial accident or illness leave.
12.6.1.4 Payment of wages lost on any day 13.8.2.3 Such leaves shall not, when added not be accumulated from year to an award granted the employee under the Workers’ Compensation laws of this State, exceed the normal wage for the dayyear.
12.6.1.5 13.8.2.4 Industrial accident or illness must have arisen out of, and in the course of, employment in the Oak Park Unified School District, and is so determined by the District's industrial accident insurance carrier or by the Industrial Accident commission.
13.8.2.5 Any illness or injury reported to the District's industrial accident insurance carrier is presumed to be job-connected. Tentatively, the District will allow the leave with pay as prescribed by law. Should the illness or injury finally be judged to have been not job- connected, the bargaining unit member may owe the District, in which case payroll adjustment will be reduced by one day for each day of authorized absence regardless of a compensation award made under Workers’ Compensationarranged.
12.6.1.6 When an 13.8.2.6 If any industrial accident or illness occurs at a time when the full sixty (60) days will overlap into the next fiscal year, the employee bargaining unit member shall be entitled in the subsequent year 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 13.8.2.7 Industrial accident or illness leave of absence is to be used in lieu of the bargaining unit member's annual leave entitlement.
13.8.2.8 When entitlement to industrial accident or illness leave has been exhaustedexhausted (60 days), entitlement to other accumulated sick leave will can then be used; and thereafter, if necessary, entitlement can be used for compensatory time off accrued, earned but unused vacation leave, or any other form of applicable authorized paid leave, if it has been accrued.
13.8.2.9 However, while the injured bargaining unit member is drawing from entitlement under any employee is receiving workers’ compensationof the paid leave provisions listed in this Agreement, (s) he or she shall be entitled to use only so much of his/her accumulated compensation time, vacation, or other available paid leave which, as when added to the workers’ his/her worker's compensation award, disability payments will provide for a full day’s wages 's wage or salarysalary that (s) he would receive while on duty.
12.6.3 13.8.2.10 Periods of leave of absence, paid or unpaid, shall not be considered to be a break in service of the employeebargaining unit member.
12.6.4 13.8.2.11 During all paid leaves of absence, whether industrial accident leave as provided in this sectionpolicy, sick leave, vacation, compensatory time off, or other available leave provided by law or the Board of Education, the bargaining unit member shall endorse to the District shall receive all his/her wage loss benefit checks and received under the worker's compensation law. The District, in turn, shall sign issue the wage loss benefit checks over to the employee, bargaining unit member appropriate warrants for payment of wages or salary and that amount shall be deducted from the employee’s normal salary or wage, and the District shall deduct normal retirement and other authorized contributionsdeductions. Reduction of entitlement to leave shall be made only in accordance with this sectionpolicy.
12.6.5 13.8.2.12 When all available leave leaves of absence, paid or unpaid, has have been exhausted exhausted, and if the employee bargaining unit member is not medically able (upon submission of a doctor's statement) to assume the duties of the his/her position, (s) he or shall, if not placed in another like position, be placed on a re-employment reemployment list for a period of 39 thirty-nine months. When available, during the 39 (thirty –nine) thirty-nine month period, (s) he or she shall be employed in a vacant position in the class of the his/her previous assignment over all other available candidates candidates, except for a re-employment reemployment list established because of lack of work or lack of funds, in which case (s) he or she shall be listed in accordance with appropriate seniority regulations.
12.6.6 13.8.2.13 Any employee bargaining unit member receiving benefits as a result of this sectionpolicy shall, shall during periods period of injury or illness, remain within the State state of California California, unless the Governing Board of Education authorizes travel outside the Statestate.
12.6.7 An employee 13.8.2.14 Any bargaining unit member who has been placed on a re-employment reemployment list, as provided herein, who has been medically released for return to duty and who fails to accept an appropriate assignmentassignment as determined by the Board, shall be dismissed.
12.6.8 An employee has a right to see and be treated by his/her own physician in case of an industrial accident or illness. The District shall provide a form for the employee to complete, listing the employee’s physician and address for this purpose. The form shall be placed in the employee’s personnel file.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Industrial Accident or Illness Leave. 12.6.1 Employees 10.6.1 Up to sixty (60) days industrial accident and illness leave shall be granted industrial accident leave or illness leave in accordance with the following regulations:
12.6.1.1 When a unit member has completed (6) six months of continuous service with to eligible persons employed by the District, he/she . The leave shall be entitled to not more than sixty working applicable during the days leave of absence from when the employee would otherwise have been performing work due to an industrial accident or illness for the District in any one (1) fiscal year for the same accidentaccident or illness.
12.6.1.2 Allowable leave shall not be cumulative from year to year.
12.6.1.3 10.6.2 Industrial accident or illness leave will shall not be accumulated from year-to-year.
10.6.3 An employee who has sustained a job-related accident, injury or illness, shall submit a written report of said occurrence to his or her immediate supervisor within one (1) workday of the accident or injury or within one (1) workday of knowledge that an illness, injury or accident is an alleged illness, injury or accident. Industrial accident or illness leave shall commence on the first day of absenceabsence following the incident.
12.6.1.4 Payment 10.6.4 When an employee is absent from duties on account of wages lost on industrial accident or illness, the employee shall be paid such portion of the salary due for any day shall not, month in which absence occurs; when added to an award granted the temporary disability indemnity under Division 4 & 4.5 of the Labor Code, will result in a payment that is not to exceed the employee’s full salary. During any period of paid leave of absence for industrial accident or illness, the employee under shall exercise the Workers’ Compensation laws option of:
10.6.4.1 Endorsing the District temporary disability indemnity checks received on account of this Statethe industrial accident or illness. The District, exceed in turn, shall issue the employee the appropriate salary warrants in payments of the employee’s salary and shall deduct normal wage retirement and other authorized contributions; or,
10.6.4.2 Retaining the temporary indemnity, if any, the District shall issue the employee the appropriate salary warrants for payment of the dayemployee’s salary and shall deduct normal retirement, other authorized deductions and the temporary indemnity, if any, actually paid to and retained by the employee for periods covered by such salary warrants.
12.6.1.5 10.6.5 Industrial accident or illness leave will shall be reduced by one (1) day for each day of authorized absence regardless of a compensation award made under Workers’ Compensationtemporary disability indemnity award.
12.6.1.6 10.6.6 When an industrial accident or illness occurs at a time when the full sixty (60) days will overlap leave overlaps into the next fiscal year, the employee shall be entitled to only that the amount remaining at the end of the fiscal year in which the injury unused leave due him or illness occurred, her for the same illness or injury.
12.6.2 When entitlement to 10.6.7 Upon termination of the industrial accident or illness leave has been exhaustedleave, entitlement to other sick leave will then be used, but if any the employee is receiving workers’ compensation, he or she shall be entitled to use only so the benefits provided in the appropriate Education Code Sections. For the purposes of each of these sections, his/her absence shall be deemed to have commenced on the date of termination of the industrial accident or illness leave, provided that, if the employee continues to receive temporary disability indemnity, he/she may elect to take as much of his/her accumulated compensation timesick leave, vacation, or other available leave which, when added to the workers’ compensation awardemployee’s temporary disability indemnity, provide for will result in a payment to the employee of not more than his or her full day’s wages or salary.
12.6.3 Periods of leave of absence, paid or unpaid, shall not be considered a break in service of the employee.
12.6.4 During all industrial accident leave as provided in this section, the District shall receive all wage loss benefit checks and the District, in turn, shall sign the wage loss benefit checks over to the employee, and that amount shall be deducted from the employee’s normal salary or wage, and the District shall deduct normal retirement and other authorized contributions. Reduction of entitlement to leave shall be made only in accordance with this section.
12.6.5 When all available leave of absence, paid or unpaid, has been exhausted and if the employee is not medically able to assume the duties of the position, he or shall, if not placed in another position, be placed on a re-employment list for a period of 39 months. When available, during the 39 (thirty –nine) month period, he or she shall be employed in a vacant position in the class of the previous assignment over all other available candidates except for a re-employment list established because of lack of work or lack of funds, in which case he or she shall be listed in accordance with appropriate seniority regulations.
12.6.6 Any employee 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.
12.6.7 An employee who has been placed on a re-employment list, as provided herein, who has been medically released for return to duty and who fails to accept an appropriate assignment, shall be dismissed.
12.6.8 An employee has a right to see and be treated by his/her own physician in case of an industrial accident or illness. The District shall provide a form for the employee to complete, listing the employee’s physician and address for this purpose. The form shall be placed in the employee’s personnel file.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Industrial Accident or Illness Leave. 12.6.1 Employees 13.8.1 In the event of any job-related accident or illness, regardless of how minor, the employee is required to report it to his/her immediate supervisor and to fill out the State of California Employer's Report of Occupational Injury or Illness within twenty- four hours.
13.8.2 The following requirements shall apply to industrial accident and illness leaves:
13.8.2.1 Such leaves shall be granted industrial accident leave or illness leave in accordance with the following regulations:
12.6.1.1 When a unit member has completed (6) six months of continuous service with the District, he/she shall be entitled to for not more than sixty working days leave during which the schools of absence from the District are required to be in session or when the employee would otherwise have been performing work due to an industrial accident or illness in any one fiscal year for the District for the same accident.
12.6.1.2 Allowable leave shall not be cumulative from year to year.
12.6.1.3 13.8.2.2 Industrial accident or illness leave will commence on the first day of absence. Any employee who has completed five months of service with the District shall be eligible for industrial accident or illness leave.
12.6.1.4 Payment of wages lost on any day 13.8.2.3 Such leaves shall not, when added not be accumulated from year to an award granted the employee under the Workers’ Compensation laws of this State, exceed the normal wage for the dayyear.
12.6.1.5 13.8.2.4 Industrial accident leave will be reduced or illness must have arisen out of, and in the course of, employment in the Oak Park Unified School District, and is so determined by one day for each day of authorized absence regardless of a compensation award made under Workers’ Compensationthe District's industrial accident insurance carrier or by the Industrial Accident commission.
12.6.1.6 When an 13.8.2.5 Any illness or injury reported to the District's industrial accident insurance carrier is presumed to be job-connected. Tentatively, the District will allow
13.8.2.6 If any 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 in the subsequent year 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 13.8.2.7 Industrial accident or illness leave of absence is to be used in lieu of the employee's annual leave entitlement.
13.8.2.8 When entitlement to industrial accident or illness leave has been exhaustedexhausted (60 days), entitlement to other accumulated sick leave will can then be used; and thereafter, if necessary, entitlement can be used for compensatory time off accrued, earned but unused vacation leave, or any other form of applicable authorized paid leave, if any it has been accrued.
13.8.2.9 However, while the injured employee is receiving workers’ compensationdrawing from entitlement under any of the paid leave provisions listed in this Agreement, (s) he or she shall be entitled to use only so much of his/her accumulated compensation time, vacation, or other available paid leave which, as when added to the workers’ his/her worker's compensation award, disability payments will provide for a full day’s wages 's wage or salarysalary that (s) he would receive while on duty.
12.6.3 13.8.2.10 Periods of leave of absence, paid or unpaid, shall not be considered to be a break in service of the employee.
12.6.4 13.8.2.11 During all paid leaves of absence, whether industrial accident leave as provided in this sectionpolicy, sick leave, vacation, compensatory time off, or other available leave provided by law or the Board of Education, the employee shall endorse to the District shall receive all his/her wage loss benefit checks and received under the worker's compensation law. The District, in turn, shall sign issue the wage loss benefit checks over to the employee, employee appropriate warrants for payment of wages or salary and that amount shall be deducted from the employee’s normal salary or wage, and the District shall deduct normal retirement and other authorized contributionsdeductions. Reduction of entitlement to leave shall be made only in accordance with this sectionpolicy.
12.6.5 13.8.2.12 When all available leave leaves of absence, paid or unpaid, has have been exhausted exhausted, and if the employee is not medically able (upon submission of a doctor's statement) to assume the duties of the his/her position, (s) he or shall, if not placed in another like position, be placed on a re-employment reemployment list for a period of 39 thirty- nine months. When available, during the 39 (thirty –nine) thirty-nine month period, (s) he or she shall be employed in a vacant position in the class of the his/her previous assignment over all other available candidates candidates, except for a re-employment reemployment list established because of lack of work or lack of funds, in which case (s) he or she shall be listed in accordance with appropriate seniority regulations.
12.6.6 13.8.2.13 Any employee receiving benefits as a result of this sectionpolicy shall, shall during periods period of injury or illness, remain within the State state of California California, unless the Governing Board of Education authorizes travel outside the Statestate.
12.6.7 An 13.8.2.14 Any employee who has been placed on a re-employment reemployment list, as provided herein, who has been medically released for return to duty and who fails to accept an appropriate assignmentassignment as determined by the Board, shall be dismissed.
12.6.8 An employee has a right to see and be treated by his/her own physician in case of an industrial accident or illness. The District shall provide a form for the employee to complete, listing the employee’s physician and address for this purpose. The form shall be placed in the employee’s personnel file.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Industrial Accident or Illness Leave. 12.6.1 Employees 10.4.1 A certificated employee shall be granted industrial accident leave or illness leave in accordance with the following regulations:
12.6.1.1 When a unit member has completed (6) six months of continuous service with the District, he/she shall be entitled to not more than sixty working days provided leave of absence from work due to an for industrial accident or illness under the following rules and regulations:
10.4.1.1 The accident or illness must have arisen out of and in any one fiscal year 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.
10.4.1.2 Allowable leave for each industrial accident or illness shall be for the same accidentnumber of days of temporary disability, but not to exceed sixty (60) calendar days.
12.6.1.2 10.4.1.3 Allowable leave shall not be cumulative accumulated from year to year.
12.6.1.3 Industrial accident or illness 10.4.1.4 The leave under these rules and regulations will commence on the first day of the absence.
12.6.1.4 Payment 10.4.1.5 When a person is absent from his/her duties because of wages lost on industrial accident or illness, he/she shall be paid such portion of the salary due him/her for any day shall notmonth in which absence occurs, which, when added to an award granted his/her temporary disability indemnity under Division 4 or Division 4.5 of the employee under the Workers’ Compensation laws Labor Code, shall result in a payment to him/her of this State, exceed the normal wage for the daynot more than his/her full salary.
12.6.1.5 10.4.1.6 Industrial accident or illness leave will shall be reduced by one day for each day of authorized absence regardless of a compensation award made under Workers’ Compensationtemporary disability indemnity award.
12.6.1.6 10.4.1.7 When an industrial accident or illness occurs at a time when the full sixty (60) days will overlap leave overlaps into the next fiscal year, the employee shall be entitled to only that the amount remaining at the end of the fiscal year in which the injury or illness occurred, unused leave due him/her for the same illness or injury.
12.6.2 When entitlement 10.4.1.8 During any paid leave of absence, the employee shall endorse to industrial accident or illness leave has been exhausted, entitlement to other sick leave will then be used, but if any employee is receiving workers’ compensation, he or she shall be entitled to use only so much the District the temporary disability indemnity checks received because of his/her accumulated compensation time, vacation, or other available leave which, when added to the workers’ compensation award, provide for a full day’s wages or salary.
12.6.3 Periods of leave of absence, paid or unpaid, shall not be considered a break in service of the employee.
12.6.4 During all industrial accident leave as provided in this section, the District shall receive all wage loss benefit checks and the or illness. The District, in turn, shall sign issue the wage loss benefit checks over to the employee, and that amount shall be deducted from employee appropriate salary warrants for payment of the employee’s normal salary or wage, and the District shall deduct normal retirement and other authorized contributions. Reduction of entitlement to leave shall be made only in accordance with this section.
12.6.5 When all available leave of absence, paid or unpaid, has been exhausted and if the employee is not medically able to assume the duties of the position, he or shall, if not placed in another position, be placed on a re-employment list for a period of 39 months. When available, during the 39 (thirty –nine) month period, he or she shall be employed in a vacant position in the class of the previous assignment over all other available candidates except for a re-employment list established because of lack of work or lack of funds, in which case he or she shall be listed in accordance with appropriate seniority regulations.
12.6.6 10.4.1.9 Any employee receiving benefits as a result of this sectionthese rules and regulations shall, shall during periods the period of injury or illness, illness remain within the State of California unless the Governing Board District authorizes travel outside the Statestate.
12.6.7 An 10.4.1.10 Upon termination of the industrial accident or illness leave, the employee who has been placed on a re-employment list, shall be entitled to sick leave benefits as provided herein, who has been medically released for return to duty in this Agreement and who fails to accept an appropriate assignment, shall be dismissed.
12.6.8 An employee has a right to see and be treated by his/her own physician in case absence for such purpose shall be deemed to have commenced on the date of an termination of the industrial accident or illness. The District shall provide a form for illness leave, provided that if the employee continues to completereceive temporary disability indemnity he/she may elect to take as much of his/her accumulated sick leave which, listing the employee’s physician and address for this purpose. The form shall be placed when added to his/her temporary disability, will result in the employee’s personnel filepayment to him/her of not more than his/her full salary.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Industrial Accident or Illness Leave. 12.6.1 Employees 10.6.1 Unit members shall be granted industrial accident leave or illness leave in accordance with the following regulations:
12.6.1.1 When a unit member has completed (6) six months of continuous service with the District, he/she shall be entitled to not more than sixty working days provided leave of absence from work due to an for industrial accident or illness under the following rules and regulations.
10.6.1.1 A unit member who has sustained a job-related injury or illness, shall report the injury to the immediate supervisor on the District accident form, no later than the next scheduled workday following the accident, or as soon as possible.
10.6.1.2 The industrial accident or illness must have arisen out of, and in the course of, employment of the unit member, and must be accepted as a bona fide injury or illness arising out of, and in the course of, employment by the District's compensation insurance carrier.
10.6.1.3 Allowable leave for such industrial accident or illness, shall be for the number of days of temporary disability, not to exceed sixty (60) working days, when the unit member would otherwise have been performing work for the District, in any one fiscal year for the same accident.
12.6.1.2 10.6.1.4 Allowable leave for industrial accident or illness shall not be cumulative accumulated from year to year.
12.6.1.3 Industrial 10.6.1.5 The industrial accident or illness leave will under this Article shall commence on the first day of absence.
12.6.1.4 Payment 10.6.1.6 When a unit member is absent from duties due to industrial accident or illness, the member shall be paid such portion of wages lost on the salary due for any day shall notmonth in which absence occurs, as when added to an award granted temporary disability indemnity, will result in a payment of not more than full salary. The phrase, "full salary," as utilized in this subdivision, shall be computed so that it shall not be less than the employee under the Workers’ Compensation laws of this State, exceed the normal wage for the dayunit member's "regular average weekly earnings."
12.6.1.5 Industrial accident leave will be reduced by one day for each day of authorized absence regardless of a compensation award made under Workers’ Compensation.
12.6.1.6 10.6.1.7 When an industrial accident or illness occurs at a time when the full sixty (60) days will overlap leave overlaps into the next fiscal year, the employee 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, unused leave due for the same illness or injury.
12.6.2 When entitlement 10.6.1.8 During any paid leave of absence for industrial accident or illness, the unit member shall endorse to the District the temporary disability checks received due to industrial accident or illness leave has been exhausted, entitlement to other sick leave will then be used, but if any employee is receiving workers’ compensation, he or she shall be entitled to use only so much of his/her accumulated compensation time, vacation, or other available leave which, when added to the workers’ compensation award, provide for a full day’s wages or salary.
12.6.3 Periods of leave of absence, paid or unpaid, shall not be considered a break in service of the employee.
12.6.4 During all industrial accident leave as provided in this section, the District shall receive all wage loss benefit checks and the illness. The District, in turn, shall sign issue the wage loss benefit checks over to unit member's salary, in accordance with the employeeprovisions of 10.1.7.3, and that amount shall be deducted from the employee’s normal salary or wage, and the District shall deduct normal retirement and other authorized contributions. Reduction of entitlement to leave .
10.6.1.9 The benefits provided by this article shall be made only applicable to all unit members immediately upon employment in accordance with this sectionthe District.
12.6.5 10.6.1.10 Upon termination of the industrial accident or illness leave, the unit member shall be entitled to the benefits provided for sick leave, and absence for such purpose shall be deemed to have commenced on the date of termination of the industrial accident or illness leave, provided that if the unit member elects to take as much of the accumulated sick leave accumulated compensating time, vacation or other available paid leave, when added to temporary disability indemnity, will result in payment of not more than full salary.
10.6.1.11 A unit member shall be permitted to return to service after an industrial accident or industrial illness leave upon presentation of a release from the District appointed physician and/or from the treating physician, as determined by the District, certifying the unit member's ability to return to the position classification without restriction and without detriment to their physical and emotional wellbeing. If the return to work is authorized on a restricted basis, the District will determine whether there is any reasonable accommodation possible in light of the employee's ability to perform the essential functions of his/her position, subject to confirmation of the ability to perform such functions as determined by a physician selected and paid for by the District.
10.6.1.12 Upon complying with District medical release requirements and receiving District authorization to return to work, a unit member on industrial accident or illness leave, may be reinstated in a position in the same classification without loss of status or benefits.
10.6.1.13 When all available leave leaves of absence, paid or unpaid, has have been exhausted exhausted, and if the employee unit member is not medically able to assume the duties of the his/her position, he or shall, if not placed in another position, he/she shall be placed on a re-employment reemployment list for a period of 39 months. When available, during the 39 (thirty –nine) 39-month period, he or she the unit member shall be employed in a vacant the first equivalent position in the class of the his/her previous assignment over all other available candidates candidates, except for a re-employment reemployment list established because of lack of work or lack of funds, in which case he or case, he/she shall be listed in accordance with the appropriate seniority regulations.
12.6.6 Any employee 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.
12.6.7 An employee 10.6.1.14 A unit member who has been placed on a re-employment 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.
12.6.8 An employee has a right to see and be treated by his/her own physician in case of an industrial accident or illness. The District shall provide a form for the employee to complete, listing the employee’s physician and address for this purpose. The form shall be placed in the employee’s personnel file.
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Samples: Collective Bargaining Agreement
