Common use of Industrial Disability Leave Clause in Contracts

Industrial Disability Leave. A. For periods of disability commencing on or after January 1, 1993, subject to Government Code Section 19875, eligible employees shall receive IDL payments equivalent to full net pay for the first twenty-two (22) workdays after the date of the reported injury. B. In the event that the disability exceeds twenty-two (22) workdays, the employee will receive 66 and 2/3 percent of gross pay from the twenty-third (23rd) workday of disability until the end of the fifty-second (52nd) week of disability. No IDL or payments shall be allowed after two (2) years from the first day (i.e., date) of disability. C. The employee may elect to supplement payment from the twenty-third (23rd) workday with accrued leave credits including annual leave, vacation, sick leave, or compensating time off (CTO) in the amount necessary to approximate the employee's full net pay. Partial supplementation will be allowed, but fractions of less than one (1) hour will not be permitted. Once the level of supplementation is selected, it may be decreased to accommodate a declining leave balance but it may not be increased. Reductions to supplementation amounts will be made on a prospective basis only. D. Temporary Disability (TD) with supplementation, as provided for in Government Code Section 19863, will no longer be available to any State employee who is a member of either the PERS or STRS retirement system during the first fifty-two (52) weeks, after the first date of disability, within a two (2)-year period. Any employee who is already receiving disability payments on the effective date of this provision will be notified and given thirty (30) days to make a voluntary, but irrevocable, change to the new benefit for the remainder of his/her eligibility for IDL. E. If the employee remains disabled after the IDL benefit is exhausted, then the employee will be eligible to receive Temporary Disability benefits as provided for in Government Code Section 19863. F. In the event that an employee is determined to be "permanent and stationary" by his/her physician before the IDL benefit is exhausted, but is unable to return to work, he/she must agree to participate in a vocational rehabilitation program. Refusing to participate will result in immediate suspension of the IDL benefit. G. All appeals of an employee's denial of IDL benefits shall only follow the procedures in the Government Code and Title 2. All disputes relating to an employee's denial of benefits are not grievable or arbitrable. This does not change either party's contractual rights which are not related to an individual's denial of benefits.

Appears in 14 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Labor Contract

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Industrial Disability Leave. A. For periods of disability commencing on or after January 1, 1993, subject to Government Code Section 19875, eligible employees shall receive IDL payments equivalent to full net pay for the first twenty-two (22) workdays 22 work days after the date of the reported injury. B. In the event that the disability exceeds twenty-two (22) workdays22 work days, the employee will receive 66 and 2/3 percent 2/3% of gross pay from the twenty-third (23rd) workday 23rd work day of disability until the end of the fifty-second (52nd) 52nd week of disability. No IDL or payments shall be allowed after two (2) years from the first day (i.e., date) of disability. C. The employee may elect to supplement payment from the twenty-third (23rd) workday 23rd work day with accrued leave credits including annual leave, vacation, sick leave, or compensating time off (CTO) in the amount necessary to approximate the employee's full net pay. Partial supplementation will be allowed, but fractions of less than one (1) hour will not be permitted. Once the level of supplementation is selected, it may be decreased to accommodate a declining leave balance but it may not be increased. Reductions to supplementation amounts will be made on a prospective basis only. D. Temporary Disability (TD) with supplementation, as provided for in Government Code Section 19863, will no longer be available to any State employee who is a member of either the PERS or STRS retirement system during the first fifty-two (52) 52 weeks, after the first date of disability, within a two (2)-year two-year period. Any employee who is already receiving disability payments on the effective date of this provision will be notified and given thirty (30) 30 days to make a voluntary, but irrevocable, change to the new benefit for the remainder of his/her eligibility for IDL. E. If the employee remains disabled after the IDL benefit is exhausted, then the employee will be eligible to receive Temporary Disability benefits as provided for in Government Code Section 19863. F. In the event that an employee is determined to be "permanent and stationary" by his/her physician before the IDL benefit is exhausted, but is unable to return to work, he/she must agree to participate in a vocational rehabilitation program. Refusing to participate will result in immediate suspension of the IDL benefit. G. An employee may elect to supplement Vocational Rehabilitation Maintenance Allowance, which is provided pursuant to Section 10125.1, Title 8, California Code of Regulations, with leave credits. H. The State and Union agree to support legislation to amend Government Code Section 19863.1, to allow an employee to supplement Vocational Rehabilitation Maintenance Allowance with leave credits. I. All appeals of an employee's denial of IDL benefits shall only follow the procedures in the Government Code and Title 2. All disputes relating to an employee's denial of benefits are not grievable or arbitrable. This does not change either party's contractual rights which are not related to an individual's denial of benefits.

Appears in 7 contracts

Samples: Collective Bargaining Agreement, Labor Contract, Union Contract

Industrial Disability Leave. A. 11.21.1 For periods of disability commencing on or after January 1, 1993, subject to Government Code Section 19875, eligible employees shall receive IDL payments equivalent to full net pay for the first twenty-two (22) workdays 22 work days after the date of the reported injury. B. 11.21.2 In the event that the disability exceeds twenty-22 work days, the employee will receive continuing benefits as follows: from the 23rd day of disability until the end of the 52nd week, after the first date of disability within a two (22) workdaysyear period, the employee will receive 66 and 2/3 percent 2/3% of gross pay from the twenty-third (23rd) workday of disability until the end of the fifty-second (52nd) week of disability. No IDL or payments shall be allowed after two (2) years from the first day (i.e., date) of disabilitypay. C. 11.21.3 The employee may elect to supplement payment from the twenty-third (23rd) workday 23rd work day with accrued leave credits including annual leave, vacation, sick leave, or compensating time off (CTO) in the amount necessary to approximate the employee's ’s full net pay. Full net pay is defined as the net pay the employee would have received if he/she had been working and not on disability. Partial supplementation will be allowed, but fractions of less than one (1) hour will not be permitted. Once the level of supplementation is selected, it may be decreased to accommodate a declining leave balance but it may not be increased. Reductions to supplementation amounts will be made on a prospective basis only. D. 11.21.4 Temporary Disability (TD) with supplementation, as provided for in Government Code Section 19863, will no longer be available to any State employee who is a member of either the PERS or STRS retirement system during the first fifty-two (52) 52 weeks, after the first date of disability, within a two (2)-year year period. Any employee who is already receiving disability payments on the effective date of this provision will be notified and given thirty (30) 30 days to make a voluntary, but irrevocable, change to the new benefit for the remainder of his/her eligibility for IDL. E. 11.21.5 If the employee remains disabled after the IDL benefit is exhausted, then the employee will be eligible to receive Temporary Disability benefits as provided for in Government Code Section 19863, except that no employee will be allowed to supplement Temporary Disability payments in an amount which exceeds the employee's full net pay as defined above. F. 11.21.6 In the event that an employee is determined to be "permanent and stationary" by his/her physician before the IDL benefit is exhausted, but is unable to return to work, work he/she must agree to participate in a vocational rehabilitation program. Refusing to participate will result in immediate suspension of the IDL benefit. G. All appeals 11.21.7 An employee may elect to supplement Vocational Rehabilitation Maintenance Allowance, which is provided pursuant to Section 10125.1, Title 8, California Code of an employee's denial of IDL benefits shall only follow the procedures in the Regulations, with leave credits. 11.21.8 The State and Union agree to support legislation to amend Government Code and Title 2. All disputes relating Section 19863.1, to allow an employee's denial of benefits are not grievable or arbitrable. This does not change either party's contractual rights which are not related employee to an individual's denial of benefitssupplement Vocational Rehabilitation Maintenance Allowance with leave credits.

Appears in 5 contracts

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

Industrial Disability Leave. A. For periods of disability commencing on or after January 1, 1993, subject to Government Code Section 19875, eligible employees shall receive IDL payments equivalent to full net pay for the first twenty-two (22) workdays 22 work days after the date of the reported injury. B. In the event that the disability exceeds twenty-two (22) workdays22 work days, the employee will receive 66 and 2/3 percent 2/3% of gross pay from the twenty-third (23rd) workday 23rd work day of disability until the end of the fifty-second (52nd) 52nd week of disability. No IDL or payments shall be allowed after two (2) years from the first day (i.e., date) of disability. C. The employee may elect to supplement payment from the twenty-third (23rd) workday 23rd work day with accrued leave credits including annual leave, vacation, sick leave, or compensating time off (CTO) in the amount necessary to approximate the employee's full net pay. Partial supplementation will be allowed, but fractions of less than one (1) hour will not be permitted. Once the level of supplementation is selected, it may be decreased to accommodate a declining leave balance but it may not be increased. Reductions to supplementation amounts will be made on a prospective basis only. D. Temporary Disability (TD) with supplementation, as provided for in Government Code Section 19863, will no longer be available to any State employee who is a member of either the PERS or STRS retirement system during the first fifty-two (52) 52 weeks, after the first date of disability, within a two (2)-year two-year period. Any employee who is already receiving disability payments on the effective date of this provision will be notified and given thirty (30) 30 days to make a voluntary, but irrevocable, change to the new benefit for the remainder of his/her eligibility for IDL. E. If the employee remains disabled after the IDL benefit is exhausted, then the employee will be eligible to receive Temporary Disability benefits as provided for in Government Code Section 19863. F. In the event that an employee is determined to be "permanent and stationary" by his/her physician before the IDL benefit is exhausted, but is unable to return to work, he/she must agree to participate in a vocational rehabilitation program. Refusing to participate will result in immediate suspension of the IDL benefit. G. All appeals of an employee's denial of IDL benefits shall only follow the procedures in the Government Code and Title 2. All disputes relating to an employee's denial of benefits are not grievable or arbitrable. This does not change either party's contractual rights which are not related to an individual's denial of benefits.

Appears in 4 contracts

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

Industrial Disability Leave. A. For periods of disability commencing on or after January 1, 1993, subject to Government Code Section 19875, eligible employees shall receive IDL payments equivalent to full net pay for the first twenty-two (22) workdays 22 work days after the date of the reported injury. B. In the event that the disability exceeds twenty-two (22) workdays22 work days, the employee will receive 66 and 2/3 percent 2/3% of gross pay from the twenty-third (23rd) workday 23rd work day of disability until the end of the fifty-second (52nd) 52nd week of disability. No IDL or payments shall be allowed after two (2) years from the first day (i.e., date) of disability. C. The employee may elect to supplement payment from the twenty-third (23rd) workday 23rd work day with accrued leave credits including annual leave, vacation, sick leave, or compensating time off (CTO) in the amount necessary to approximate the employee's full net pay. Partial supplementation will be allowed, but fractions of less than one (1) hour will not be permitted. Once the level of supplementation is selected, it may be decreased to accommodate a declining leave balance but it may not be increased. Reductions to supplementation amounts will be made on a prospective basis only. D. Temporary Disability (TD) with supplementation, as provided for in Government Code Section 19863, will no longer be available to any State employee who is a member of either the PERS or STRS retirement system during the first fifty-two (52) 52 weeks, after the first date of disability, within a two (2)-year two-year period. Any employee who is already receiving disability payments on the effective date of this provision will be notified and given thirty (30) 30 days to make a voluntary, but irrevocable, change to the new benefit for the remainder of his/her eligibility for IDL. E. If the employee remains disabled after the IDL benefit is exhausted, then the employee will be eligible to receive Temporary Disability benefits as provided for in Government Code Section 19863. F. In the event that an employee is determined to be "permanent and stationary" by his/her physician before the IDL benefit is exhausted, but is unable to return to work, he/she must agree to participate in a vocational rehabilitation program. Refusing to participate will result in immediate suspension of the IDL benefit. G. An employee may elect to supplement Vocational Rehabilitation Maintenance Allowance, which is provided pursuant to Section 10125.1, Title 8, California Code of Regulations, with leave credits. H. The State and PECG agree to support legislation to amend Government Code Section 19863.1, to allow an employee to supplement Vocational Rehabilitation Maintenance Allowance with leave credits. I. All appeals of an employee's denial of IDL benefits shall only follow the procedures in the Government Code and Title 2. All disputes relating to an employee's denial of benefits are not grievable or arbitrable. This does not change either party's contractual rights which are not related to an individual's denial of benefits.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Labor Contract

Industrial Disability Leave. A. For periods Employees who suffer an industrial injury or illness and would otherwise be eligible for temporary disability benefits under the Labor Code will be entitled to Industrial Disability Leave as described in Article 4 of the Government Code, beginning with section 19869. Industrial Disability Leave will be paid in lieu of temporary disability commencing on or after January 1, 1993, subject to Government Code Section 19875, eligible benefits. B. Eligible employees shall receive IDL payments equivalent to full net pay for the first twenty-two (22) workdays 22 work days after the date of the reported injury. B. C. In the event that the disability exceeds twenty-two (22) workdays22 work days, the employee will receive 66 and 2/3 percent 2/3% of gross pay from the twenty-third (23rd) workday 23rd work day of disability until the end of the fifty-second (52nd) 52nd week of disability. No IDL or payments shall be allowed after two (2) years from the first day (i.e., date) of disability. C. D. The employee may elect to supplement payment from the twenty-third (23rd) workday 23rd day with accrued leave credits including annual leave, vacation, sick leave, or compensating time off (CTO) in the amount necessary to approximate the employee's ’s full net pay. Partial supplementation will be allowed, but fractions of less than one (1) hour will not be permitted. Once the level of supplementation is selected, it may be decreased to accommodate a declining leave balance but it may not be increased. Reductions to supplementation amounts will be made on a prospective basis only. D. E. Temporary Disability (TD) with supplementation, as provided for in Government Code Section 19863, will no longer be available to any State employee who is a member of either the PERS or STRS retirement system during the first fifty-two (52) 52 weeks, after the first date of disability, within a two (2)-year two-year period. Any employee who is already receiving disability payments on the effective date of this provision will be notified and given thirty (30) days to make a voluntary, but irrevocable, change to the new benefit for the remainder of his/her eligibility for IDL. E. F. If the employee remains disabled after the IDL benefit is exhausted, then the employee will be eligible to receive Temporary Disability benefits as provided for in Government Code Section 19863. F. In the event that an employee is determined to be "permanent and stationary" by his/her physician before the IDL benefit is exhausted, but is unable to return to work, he/she must agree to participate in a vocational rehabilitation program. Refusing to participate will result in immediate suspension of the IDL benefitLabor Code. G. All appeals of an employee's ’s denial of IDL benefits shall only follow the procedures in the Government Code and Title 2. All disputes relating to an employee's ’s denial of benefits are not grievable or arbitrable. This does not change either party's ’s contractual rights which are not related to an individual's ’s denial of benefits.

Appears in 3 contracts

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

Industrial Disability Leave. A. For periods of disability commencing on or after January 1, 1993, subject to Government Code Section 19875, eligible employees shall receive IDL payments equivalent to full net pay pay, for the first twenty-two (22) workdays 22 work days after the date of the reported injury. B. In the event that the disability exceeds twenty-two (22) workdays22 work days, the employee will receive 66 and 2/3 percent 2/3% of gross pay from the twenty-third (23rd) workday 23rd work day of disability until the end of the fifty-second (52nd) 52nd week of disability. No IDL or payments shall be allowed after two (2) years from the first day (i.e., date) of disability. C. The employee may elect to supplement payment from the twenty-third (23rd) workday 23rd work day with accrued leave credits including annual leave, vacation, sick leave, or compensating time off (CTO) in the amount necessary to approximate the employee's full net pay. Partial supplementation will be allowed, but fractions of less than one (1) hour will not be permitted. Once the level of supplementation is selected, it may be decreased to accommodate a declining leave balance but it may not be increased. Reductions to supplementation amounts will be made on a prospective basis only. D. Temporary Disability (TD) with supplementation, as provided for in Government Code Section 19863, will no longer be available to any State employee who is a member of either the PERS or STRS retirement system during the first fifty-two (52) 52 weeks, after the first date of disability, within a two (2)-year year period. Any employee who is already receiving disability payments on the effective date of this provision will be notified and given thirty (30) 30 days to make a voluntary, but irrevocable, change to the new benefit for the remainder of his/her eligibility for IDL. E. If the employee remains disabled after the IDL benefit is exhausted, then the employee will be eligible to receive Temporary Disability benefits as provided for in Government Code Section 19863. F. In the event that an employee is determined to be "permanent and stationary" by his/her physician before the IDL benefit is exhausted, but is unable to return to work, he/she must agree to participate in a vocational rehabilitation program. Refusing to participate will result in immediate suspension of the IDL benefit. G. An employee may elect to supplement Vocational Rehabilitation Maintenance Allowance, which is provided pursuant to Section 10125.1, Title 8, California Code of Regulations, with leave credits. H. The State and Union agree to support legislation to amend Government Code Section 19863.1, to allow an employee to supplement Vocation al Rehabilitation Maintenance Allowance with leave credits. I. All appeals of an employee's denial of IDL benefits shall only follow the procedures in the Government Code and Title 2. All disputes relating to an employee's denial of benefits are not grievable or arbitrable. This does not change either party's contractual rights which are not related to an individual's denial of benefits.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Labor Contract

Industrial Disability Leave. A. For periods of disability commencing on or after January October 1, 19931997, subject to Government Code Section 19875, eligible employees shall receive IDL payments equivalent to full net pay pay, for the first twenty-two (22) workdays 22 work days after the date of the reported injury. B. In the event that the disability exceeds twenty-two (22) 22 workdays, the employee will receive 66 and 2/3 percent 2/3% of gross pay from the twenty-third (23rd) 23rd workday of disability until the end of the fifty-second (52nd) 52nd week of disability. No IDL or payments shall be allowed after two (2) years from the first day (i.e., date) of disability. C. The employee may elect to supplement payment from the twenty-third (23rd) workday 23rd work day with accrued leave credits including annual leave, vacation, sick leave, or compensating time off (CTO) in the amount necessary to approximate the employee's ’s full net pay. Partial supplementation will be allowed, but fractions of less than one (1) hour will not be permitted. Once the level of supplementation is selected, it may be decreased to accommodate a declining leave balance but it may not be increased. Reductions to supplementation amounts will be made on a prospective basis only. D. Temporary Disability (TD) with supplementation, as provided for in Government Code Section 19863, will no longer be available to any State employee who is a member of either the PERS or STRS retirement system during the first fifty-two (52) 52 weeks, after the first date of disability, within a two (2)-year two-year period. Any employee who is already receiving disability payments on the effective date of this provision will be notified and given thirty (30) 30 days to make a voluntary, but irrevocable, change to the new benefit for the remainder of his/her eligibility for IDL. E. If the employee remains disabled after the IDL benefit is exhausted, then the employee will be eligible to receive Temporary Disability benefits as provided for in Government Code Section 19863. F. In the event that an employee is determined to be "permanent and stationary" by his/her physician before the IDL benefit is exhausted, but is unable to return to work, he/she must agree to participate in a vocational rehabilitation program. Refusing to participate will result in immediate suspension of the IDL benefit. G. All appeals of an employee's ’s denial of IDL benefits shall only follow the procedures in the Government Code and Title 2. All disputes relating to an employee's ’s denial of benefits are not grievable or arbitrable. This does not change either party's ’s contractual rights which are not related to an individual's ’s denial of benefits.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Labor Contract

Industrial Disability Leave. A. For periods of disability commencing on or after January July 1, 1993, subject to Government Code Section 19875, eligible employees shall receive IDL payments equivalent to full net pay for the first twenty-two (22) workdays 22 work days after the date of the reported injury. B. In the event that the disability exceeds twenty-two (22) workdays22 work days, the employee will receive 66 and 2/3 percent 2/3% of gross pay from the twenty-third (23rd) workday 23rd work day of disability until the end of the fifty-second (52nd) 52nd week of disability. No IDL or payments shall be allowed after two (2) years from the first day (i.e., date) of disability. C. The employee may elect to supplement payment from the twenty-third (23rd) workday 23rd day with accrued leave credits including annual leave, vacation, sick leave, or compensating time off (CTO) in the amount necessary to approximate the employee's ’s full net pay. Partial supplementation will be allowed, but fractions of less than one (1) hour will not be permitted. Once the level of supplementation is selected, it may be decreased to accommodate a declining leave balance but it may not be increased. Reductions to supplementation amounts will be made on a prospective basis only. D. Temporary Disability (TD) with supplementation, as provided for in Government Code Section 19863, will no longer be available to any State employee who is a member of either the PERS or STRS retirement system during the first fifty-two (52) 52 weeks, after the first date of disability, within a two (2)-year two-year period. Any employee who is already receiving disability payments on the effective date of this provision will be notified and given thirty (30) 30 days to make a voluntary, but irrevocable, change to the new benefit for the remainder of his/her eligibility for IDL.. BU 19 (01-03) E. If the employee remains disabled after the IDL benefit is exhausted, then the employee will be eligible to receive Temporary Disability benefits as provided for in Government Code code Section 19863. F. In the event that an employee is determined to be "permanent and stationary" by his/her physician before the IDL benefit is exhausted, but is unable to return to work, he/she must agree to participate in a vocational rehabilitation program. Refusing to participate will result in immediate suspension of the IDL benefit. G. An employee may elect to supplement Vocational Rehabilitation Maintenance Allowance, which is provided pursuant to section 10125.1, Title 8, California Code of Regulations, with leave credits. H. The State and Union agrees to support legislation to amend Government Code Section 19863.1, to allow an employee to supplement Vocational Rehabilitation Maintenance Allowance with leave credits. I. All appeals of an employee's ’s denial of IDL benefits shall only follow the procedures in the Government Code and Title 2. All disputes relating to an employee's ’s denial of benefits are not grievable or arbitrable. This does not change either party's ’s contractual rights which are not related to an individual's ’s denial of benefits.

Appears in 3 contracts

Samples: Labor Contract, Collective Bargaining Agreement, Collective Bargaining Agreement

Industrial Disability Leave. A. a. For periods of disability commencing on or after January 1, 1993, subject to Government Code Section 19875, eligible employees shall receive IDL payments equivalent to full net pay for the first twenty-two (22) workdays 22 work days after the date of the reported injury. B. b. In the event that the disability exceeds twenty-two (22) workdays22 work days, the employee will receive 66 and 2/3 percent 2/3% of gross pay from the twenty-third (23rd) workday 23rd work day of disability until the end of the fifty-second (52nd) 52nd week of disability. No IDL or payments shall be allowed after two (2) years from the first day (i.e., date) of disability. C. c. The employee may elect to supplement payment from the twenty-third (23rd) workday 23rd work day with accrued leave credits including annual leave, vacation, sick leave, or compensating time off (CTO) in the amount necessary to approximate the employee's ’s full net pay. Partial supplementation will be allowed, but fractions of less than one (1) hour will not be permitted. Once the level of supplementation is selected, it may be decreased to accommodate a declining leave balance but it may not be increased. Reductions to supplementation amounts will be made on a prospective basis only. D. d. Temporary Disability (TD) with supplementation, as provided for in Government Code Section 19863, will no longer be available to any State employee who is a member of either the PERS or STRS retirement system during the first fifty-two (52) 52 weeks, after the first date of disability, within a two (2)-year two-year period. Any employee who is already receiving disability payments on the effective date of this provision will be notified and given thirty (30) 30 days to make a voluntary, but irrevocable, change to the new benefit for the remainder of his/her eligibility for IDL. E. e. If the employee remains disabled after the IDL benefit is exhausted, then the employee will be eligible to receive Temporary Disability benefits as provided for in Government Code Section 19863. F. In the event that an employee is determined to be "permanent and stationary" by his/her physician before the IDL benefit is exhausted, but is unable to return to work, he/she must agree to participate in a vocational rehabilitation program. Refusing to participate will result in immediate suspension of the IDL benefit. G. f. All appeals of an employee's ’s denial of IDL benefits shall only follow the procedures in the Government Code and Title 2. All disputes relating to an employee's ’s denial of benefits are not grievable or arbitrable. This does not change either party's ’s contractual rights which are not related to an individual's ’s denial of benefits.

Appears in 3 contracts

Samples: Memorandum of Understanding, Bargaining Agreement, Memorandum of Understanding

Industrial Disability Leave. A. For periods of disability commencing on or after January 1, 1993, subject Subject to Government Code Section 19875, eligible employees shall receive IDL payments equivalent to full net pay pay, for the first twenty-two (22) 22 workdays after the date of the reported injury. B. In the event that the disability exceeds twenty-two (22) 22 workdays, the employee will receive 66 and 2/3 percent 2/3% of gross pay from the twenty-third (23rd) 23rd workday of disability until the end of the fifty-second (52nd) 52nd week of disability. No IDL or payments shall be allowed after two (2) years from the first day (i.e., date) of disability. C. The employee may elect to supplement payment from the twenty-third (23rd) workday 23rd work day with accrued leave credits including annual leave, vacation, personal leave, sick leave, or compensating time off (CTO) in the amount necessary to approximate the employee's full net pay. Partial supplementation will be allowed, but fractions of less than one (1) hour will not be permitted. Once the level of supplementation is selected, it may be decreased to accommodate a declining leave balance but it may not be increased. Reductions to supplementation amounts will be made on a prospective basis only. D. Temporary Disability (TD) with supplementation, as provided for in Government Code Section 19863, will no longer be available to any State employee who is a member of either the PERS or STRS retirement system during the first fifty-two (52) 52 weeks, after the first date of disability, within a two (2)-year two-year period. Any employee who is already receiving disability payments on the effective date of this provision will be notified and given thirty (30) 30 days to make a voluntary, but irrevocable, change to the new benefit for the remainder of his/her eligibility for IDL. E. If the employee remains disabled after the IDL benefit is exhausted, then the employee will be eligible to receive Temporary Disability benefits as provided for in Government Code Section 19863. F. In the event that an employee is determined to be "permanent and stationary" by his/her physician before the IDL benefit is exhausted, but is unable to return to work, he/she must agree to participate in a vocational rehabilitation program. Refusing to participate will result in immediate suspension of the IDL benefit. G. All appeals of an employee's denial of IDL benefits shall only follow the procedures in the Government Code and Title 2. All disputes relating to an employee's denial of benefits are not grievable or arbitrable. This does not change either party's contractual rights which are not related to an individual's denial of benefits.

Appears in 3 contracts

Samples: Labor Contract, Collective Bargaining Agreement, Collective Bargaining Agreement

Industrial Disability Leave. A. For periods of disability commencing on or after January 1, 1993, subject to Government Code Section 19875, eligible employees shall receive IDL payments equivalent to full net pay for the first twenty-two (22) workdays work days after the date of the reported injury. B. In the event that the disability exceeds twenty-two (22) workdayswork days, the employee will receive 66 and 2/3 percent 2/3% of gross pay from the twenty-third (23rd) workday 23rd work day of disability until the end of the fifty-second (52nd) 52nd week of disability. No IDL or payments shall be allowed after two (2) years from the first day (i.e., date) of disability. C. The employee may elect to supplement payment from the twenty-third (23rd) workday 23rd work day with accrued leave credits including annual leave, vacation, sick leave, or compensating time off (CTO) in the amount necessary to approximate the employee's full net pay. Partial supplementation will be allowed, but fractions of less than one (1) hour will not be permitted. Once the level of supplementation is selected, it may be decreased to accommodate a declining leave balance but it may not be increased. Reductions to supplementation amounts will be made on a prospective basis only. D. Temporary Disability (TD) with supplementation, as provided for in Government Code Section 19863, will no longer be available to any State employee who is a member of either the PERS or STRS retirement system during the first fifty-two (52) 52 weeks, after the first date of disability, within a two two-year (2)-year 2) period. Any employee who is already receiving disability payments on the effective date of this provision will be notified and given thirty (30) 30 days to make a voluntary, but irrevocable, change to the new benefit for the remainder of his/her eligibility for IDL. E. If the employee remains disabled after the IDL benefit is exhausted, then the employee will be eligible to receive Temporary Disability benefits as provided for in Government Code Section 19863. F. In the event that an employee is determined to be "permanent and stationary" by his/her physician before the IDL benefit is exhausted, but is unable to return to work, he/she must agree to participate in a vocational rehabilitation program. Refusing to participate will result in immediate suspension of the IDL benefit. G. All appeals of an employee's denial of IDL benefits shall only follow the procedures in the Government Code and Title 2. All disputes relating to an employee's denial of benefits are not grievable or arbitrable. This does not change either party's contractual rights which are not related to an individual's denial of benefits.

Appears in 2 contracts

Samples: Labor Contract, Collective Bargaining Agreement

Industrial Disability Leave. A. For periods of disability commencing on or after January 1, 1993, subject to Government Code Section section 19875, eligible employees shall receive IDL payments equivalent to full net pay for the first twenty-two (22) workdays 22 work days after the date of the reported injury. B. In the event that the disability exceeds twenty-two (22) workdays22 work days, the employee will receive 66 and 2/3 percent 2/3% of gross pay from the twenty-third (23rd) workday 23rd work day of disability until the end of the fifty-second (52nd) 52nd week of disability. No IDL or payments shall be allowed after two (2) years from the first day (i.e., date) of disability. C. The employee may elect to supplement payment from the twenty-third (23rd) workday 23rd work day with accrued leave credits including annual leave, vacation, sick leave, or compensating time off (CTO) in the amount necessary to approximate the employee's full net pay. Partial supplementation will be allowed, but fractions of less than one (1) hour will not be permitted. Once the level of supplementation is selected, it may be decreased to accommodate a declining leave balance but it may not be increased. Reductions to supplementation amounts will be made on a prospective basis only. D. Temporary Disability (TD) with supplementation, as provided for in Government Code Section section 19863, will no longer be available to any State employee who is a member of either the PERS or STRS retirement system during the first fifty-two (52) 52 weeks, after the first date of disability, within a two (2)-year two-year period. Any employee who is already receiving disability payments on the effective date of this provision will be notified and given thirty (30) 30 days to make a voluntary, but irrevocable, change to the new benefit for the remainder of his/her their eligibility for IDL. E. If the employee remains disabled after the IDL benefit is exhausted, then the employee will be eligible to receive Temporary Disability benefits as provided for in Government Code Section section 19863. F. In the event that an employee is determined to be "permanent and stationary" by his/her physician before the IDL benefit is exhausted, but is unable to return to work, he/she must agree to participate in a vocational rehabilitation program. Refusing to participate will result in immediate suspension of the IDL benefit. G. All appeals of an employee's denial of IDL benefits shall only follow the procedures in the Government Code and Title 2. All disputes relating to an employee's denial of benefits are not grievable or arbitrable. This does not change either party's contractual rights which are not related to an individual's denial of benefits.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Industrial Disability Leave. A. For periods of disability commencing on or after January 1, 1993, subject to Government Code Section 19875, eligible employees shall receive IDL payments equivalent to full net pay for the first twenty-two (22) workdays 22 work days after the date of the reported injury. B. In the event that the disability exceeds twenty-two (22) workdays22 work days, the employee will receive 66 and 2/3 percent 2/3% of gross pay from the twenty-third (23rd) workday 23rd work day of disability until the end of the fifty-second (52nd) 52nd week of disability. No IDL or payments shall be allowed after two (2) years from the first day (i.e., date) of disability. C. The employee may elect to supplement payment from the twenty-third (23rd) workday 23rd work day with accrued leave credits including annual leave, vacation, sick leave, or compensating time off (CTO) in the amount necessary to approximate the employee's ’s full net pay. Partial supplementation will be allowed, but fractions of less than one (1) hour will not be permitted. Once the level of supplementation is selected, it may be decreased to accommodate a declining leave balance but it may not be increased. Reductions to supplementation amounts will be made on a prospective basis only. D. Temporary Disability (TD) with supplementation, as provided for in Government Code Section 19863, will no longer be available to any State employee who is a member of either the PERS or STRS retirement system during the first fifty-two (52) 52 weeks, after the first date of disability, within a two (2)-year two-year period. Any employee who is already receiving disability payments on the effective date of this provision will be notified and given thirty (30) 30 days to make a voluntary, but irrevocable, change to the new benefit for the remainder of his/her eligibility for IDL. E. If the employee remains disabled after the IDL benefit is exhausted, then the employee will be eligible to receive Temporary Disability benefits as provided for in Government Code Section 19863. F. In the event that an employee is determined to be "permanent and stationary" by his/her physician before the IDL benefit is exhausted, but is unable to return to work, he/she must agree to participate in a vocational rehabilitation program. Refusing to participate will result in immediate suspension of the IDL benefit. G. An employee may elect to supplement Vocational Rehabilitation Maintenance Allowance, which is provided pursuant to Section 10125.1, Title 8, California Code of Regulations, with leave credits. H. The State and PECG agree to support legislation to amend Government Code Section 19863.1, to allow an employee to supplement Vocational Rehabilitation Maintenance Allowance with leave credits. I. All appeals of an employee's ’s denial of IDL benefits shall only follow the procedures in the Government Code and Title 2. All disputes relating to an employee's ’s denial of benefits are not grievable or arbitrable. This does not change either party's ’s contractual rights which are not related to an individual's ’s denial of benefits.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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Industrial Disability Leave. A. For periods of disability commencing on or after January 1, 1993, subject to Government Code Section 19875, eligible employees shall receive IDL payments equivalent to full net pay for the first twenty-two (22) 22 workdays after the date of the reported injury. B. In the event that the disability exceeds twenty-two (22) 22 workdays, the employee will receive 66 and 2/3 percent of gross pay from the twenty-third (23rd) 23rd workday of disability until the end of the fifty-second (52nd) 52nd week of disability. No IDL or payments shall be allowed after two (2) years from the first day (i.e., date) of disability. C. The employee may elect to supplement payment from the twenty-third (23rd) 23rd workday with accrued leave credits including annual leave, vacation, sick leave, or compensating time off (CTO) in the amount necessary to approximate the employee's full net pay. Partial supplementation will be allowed, but fractions of less than one (1) hour will not be permitted. Once the level of supplementation is selected, it may be decreased to accommodate a declining leave balance but it may not be increased. Reductions to supplementation amounts will be made on a prospective basis only. D. Temporary Disability (TD) with supplementation, as provided for in Government Code Section 19863, will no longer be available to any State employee who is a member of either the PERS or STRS retirement system during the first fifty-two (52) 52 weeks, after the first date of disability, within a two (2)-year two-year period. Any employee who is already receiving disability payments on the effective date of this provision will be notified and given thirty (30) 30 days to make a voluntary, but irrevocable, change to the new benefit for the remainder of his/her eligibility for IDL. E. If the employee remains disabled after the IDL benefit is exhausted, then the employee will be eligible to receive Temporary Disability benefits as provided for in Government Code Section 19863. F. In the event that an employee is determined to be "permanent and stationary" by his/her physician before the IDL benefit is exhausted, but is unable to return to work, he/she must agree to participate in a vocational rehabilitation program. Refusing to participate will result in immediate suspension of the IDL benefit. G. All appeals of an employee's denial of IDL benefits shall only follow the procedures in the Government Code and Title 2. All disputes relating to an employee's denial of benefits are not grievable or arbitrable. This does not change either party's contractual rights which are not related to an individual's denial of benefits.

Appears in 1 contract

Samples: Labor Contract

Industrial Disability Leave. A. For periods Employees who suffer an industrial injury or illness and would otherwise be eligible for temporary disability benefits under the Labor Code will be entitled to Industrial Disability Leave as described in Article 4 of the Government Code, beginning with section 19869. Industrial Disability Leave will be paid in lieu of temporary disability commencing on or after January 1, 1993, subject to Government Code Section 19875, eligible benefits. B. Eligible employees shall receive IDL payments equivalent to full net pay for the first twenty-two (22) workdays 22 work days after the date of the reported injury. B. C. In the event that the disability exceeds twenty-two (22) workdays22 work days, the employee will receive 66 and 2/3 percent 2/3% of gross pay from the twenty-third (23rd) workday 23rd work day of disability until the end of the fifty-second (52nd) 52nd week of disability. No IDL or payments shall be allowed after two (2) years from the first day (i.e., date) of disability. C. D. The employee may elect to supplement payment from the twenty-third (23rd) workday 23rd day with accrued leave credits including annual leave, vacation, sick leave, or compensating time off (CTO) in the amount necessary to approximate the employee's ’s full net pay. Partial supplementation will be allowed, but fractions of less than one (1) hour will not be permitted. Once the level of supplementation is selected, it may be decreased to accommodate a declining leave balance but it may not be increased. Reductions to supplementation amounts will be made on a prospective basis only. D. E. Temporary Disability (TD) with supplementation, as provided for in Government Code Section 19863, will no longer be available to any State employee who is a member of either the PERS or STRS retirement system during the first fifty-two (52) 52 weeks, after the first date of disability, within a two (2)-year two-year period. Any employee who is already receiving disability payments on the effective date of this provision will be notified and given thirty (30) days to make a voluntary, but irrevocable, change to the new benefit for the remainder of his/her eligibility for IDL. E. F. If the employee remains disabled after the IDL benefit is exhausted, then the employee will be eligible to receive Temporary Disability benefits as provided for in Government Code Section 19863the Labor Code. F. In X. XXX may continue beyond the event physician’s statement that an employee the employee’s condition is determined to be "permanent and stationary" by ” providing the employee has not exhausted his/her physician before eligibility for IDL benefits, the employee has been declared a “qualified injured worker”, and the employee would otherwise be entitled to Vocational Rehabilitation Maintenance Allowance (VRMA). IDL benefit is exhausted, but is unable to return to work, he/she must agree to participate would be paid in a vocational rehabilitation program. Refusing to participate will result in immediate suspension lieu of the IDL benefitVRMA. G. H. An employee may elect to supplement Vocational Rehabilitation Maintenance Allowance, which is provided pursuant to section 10125.1, Title 8, California Code of Regulations, with leave credits. I. All appeals of an employee's ’s denial of IDL benefits shall only follow the procedures in the Government Code and Title 2. All disputes relating to an employee's ’s denial of benefits are not grievable or arbitrable. This does not change either party's ’s contractual rights which are not related to an individual's ’s denial of benefits.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Industrial Disability Leave. A. a. For periods of disability commencing on or after January 1, 1993, subject to Government Code Section 19875, eligible employees shall receive IDL payments equivalent to full net pay for the first twenty-two (22) workdays 22 work days after the date of the reported injury. B. b. In the event that the disability exceeds twenty-two (22) workdays22 work days, the employee will receive 66 and 2/3 percent 2/3% of gross pay from the twenty-third (23rd) workday 23rd work day of disability until the end of the fifty-second (52nd) 52nd week of disability. No IDL or payments shall be allowed after two (2) years from the first day (i.e., date) of disability. C. c. The employee may elect to supplement payment from the twenty-third (23rd) workday 23rd work day with accrued leave credits including annual leave, vacation, sick leave, or compensating time off (CTO) in the amount necessary to approximate the employee's ’s full net pay. Partial supplementation will be allowed, but fractions of less than one (1) hour will not be permitted. Once the level of supplementation is selected, it may be decreased to accommodate a declining leave balance but it may not be increased. Reductions to supplementation amounts will be made on a prospective basis only. D. d. Temporary Disability (TD) with supplementation, as provided for in Government Code Section 19863, will no longer be available to any State employee who is a member of either the PERS or STRS retirement system during the first fifty-two (52) 52 weeks, after the first date of disability, within a two (2)-year two-year period. Any employee who is already receiving disability payments on the effective date of this provision will be notified and given thirty (30) 30 days to make a voluntary, but irrevocable, change to the new benefit for the remainder of his/her eligibility for IDL.IDL.‌ E. e. If the employee remains disabled after the IDL benefit is exhausted, then the employee will be eligible to receive Temporary Disability benefits as provided for in Government Code Section 19863. F. In the event that an employee is determined to be "permanent and stationary" by his/her physician before the IDL benefit is exhausted, but is unable to return to work, he/she must agree to participate in a vocational rehabilitation program. Refusing to participate will result in immediate suspension of the IDL benefit. G. f. All appeals of an employee's ’s denial of IDL benefits shall only follow the procedures in the Government Code and Title 2. All disputes relating to an employee's ’s denial of benefits are not grievable or arbitrable. This does not change either party's ’s contractual rights which are not related to an individual's ’s denial of benefits.

Appears in 1 contract

Samples: Bargaining Agreement

Industrial Disability Leave. A. For periods Employees who suffer an industrial injury or illness and would otherwise be eligible for temporary disability benefits under the Labor Code will be entitled to Industrial Disability Leave as described in Article 4 of the Government Code, beginning with section 19869. Industrial Disability Leave will be paid in lieu of temporary disability commencing on or after January 1, 1993, subject to Government Code Section 19875, eligible benefits. B. Eligible employees shall receive IDL payments equivalent to full net pay for the first twenty-two (22) workdays 22 work days after the date of the reported injury. B. C. In the event that the disability exceeds twenty-two (22) workdays22 work days, the employee will receive 66 and 2/3 percent 2/3% of gross pay from the twenty-third (23rd) workday 23rd work day of disability until the end of the fifty-second (52nd) 52nd week of disability. No IDL or payments shall be allowed after two (2) years from the first day (i.e., date) of disability. C. D. The employee may elect to supplement payment from the twenty-third (23rd) workday 23rd day with accrued leave credits including annual leave, vacation, sick leave, or compensating time off (CTO) in the amount necessary to approximate the employee's ’s full net pay. Partial supplementation will be allowed, but fractions of less than one (1) hour will not be permitted. Once the level of supplementation is selected, it may be decreased to accommodate a declining leave balance but it may not be increased. Reductions to supplementation amounts will be made on a prospective basis only. D. E. Temporary Disability (TD) with supplementation, as provided for in Government Code Section 19863, will no longer be available to any State employee who is a member of either the PERS or STRS retirement system during the first fifty-two (52) 52 weeks, after the first date of disability, within a two (2)-year two-year period. Any employee who is already receiving disability payments on the effective date of this provision will be notified and given thirty (30) days to make a voluntary, but irrevocable, change to the new benefit for the remainder of his/her eligibility for IDL. E. F. If the employee remains disabled after the IDL benefit is exhausted, then the employee will be eligible to receive Temporary Disability benefits as provided for in Government Code Section 19863the Labor Code. F. In G. IDL may continue beyond the event physician’s statement that an employee the employee’s condition is determined to be "permanent and stationary" by ” providing the employee has not exhausted his/her physician before eligibility for IDL benefits, the employee has been declared a “qualified injured worker”, and the employee would otherwise be entitled to Vocational Rehabilitation Maintenance Allowance (VRMA). IDL benefit is exhausted, but is unable to return to work, he/she must agree to participate would be paid in a vocational rehabilitation program. Refusing to participate will result in immediate suspension lieu of the IDL benefitVRMA. G. H. An employee may elect to supplement Vocational Rehabilitation Maintenance Allowance, which is provided pursuant to section 10125.1, Title 8, California Code of Regulations, with leave credits. I. All appeals of an employee's ’s denial of IDL benefits shall only follow the procedures in the Government Code and Title 2. All disputes relating to an employee's ’s denial of benefits are not grievable or arbitrable. This does not change either party's ’s contractual rights which are not related to an individual's ’s denial of benefits.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Industrial Disability Leave. A. For periods Employees who suffer an industrial injury or illness and would otherwise be eligible for Temporary Disability (TD) benefits under the Labor Code will be entitled to IDL as described in Article 4 of disability commencing on or after January 1the Government Code, 1993, subject to Government Code Section 19875, eligible beginning with section 19869. IDL will be paid in lieu of TD benefits. B. Eligible employees shall receive IDL payments equivalent to full net pay for the first twenty-two (22) workdays after the date of the reported injury. B. C. In the event that the disability exceeds twenty-two (22) workdays, the employee will receive 66 and 2/3 percent of gross pay from the twenty-third (23rd) workday of disability until the end of the fifty-second (52nd) week of disability. No IDL or payments shall be allowed after two (2) years from the first day (i.e., date) of disability. C. D. The employee may elect to supplement payment from the twenty-third (23rd) workday with accrued leave credits including annual leave, vacation, sick leave, or compensating time off (CTO) in the amount necessary to approximate the employee's full net pay. Partial supplementation will be allowed, but fractions of less than one (1) hour will not be permitted. Once the level of supplementation is selected, it may be decreased to accommodate a declining leave balance but it may not be increased. Reductions to supplementation amounts will be made on a prospective basis only. D. E. Temporary Disability (TD) with supplementation, as provided for in Government Code Section section 19863, will no longer be available to any State employee who is a member of either the PERS or STRS retirement system during the first fifty-two (52) weeks, after the first date of disability, within a two (2)-year period. Any employee who is already receiving disability payments on the effective date of this provision will be notified and given thirty (30) days to make a voluntary, but irrevocable, change to the new benefit for the remainder of his/her eligibility for IDL. E. F. If the employee remains disabled after the IDL benefit is exhausted, then the employee will be eligible to receive Temporary Disability TD benefits as provided for in the Labor Code and supplementation, as provided in Government Code Section section 19863. F. In the event that G. For an employee injured prior to January 1, 2004, IDL may continue beyond the physician’s statement that the employee’s condition is determined to be "permanent and stationary" by ” providing the employee has not exhausted his/her physician before eligibility for IDL benefits, the employee has been declared a “qualified injured worker”, and the employee would otherwise be entitled to Vocational Rehabilitation Maintenance Allowance (VRMA). IDL benefit is exhausted, but is unable to return to work, he/she must agree to participate would be paid in a vocational rehabilitation program. Refusing to participate will result in immediate suspension lieu of the IDL benefitVRMA. G. H. All appeals of an employee's ’s denial of IDL benefits shall only follow the procedures in the Government Code and Title 2. All disputes relating to an employee's ’s denial of benefits are not grievable or arbitrable. This does not change either party's ’s contractual rights which are not related to an individual's ’s denial of benefits.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Industrial Disability Leave. A. 11.21.1 For periods of disability commencing on or after January 1, 1993, subject to Government Code Section 19875, eligible employees shall receive IDL payments equivalent to full net pay for the first twenty-two (22) workdays 22 work days after the date of the reported injury. B. 11.21.2 In the event that the disability exceeds twenty-22 work days, the employee will receive continuing benefits as follows: from the 23rd day of disability until the end of the 52nd week, after the first date of disability within a two (22) workdaysyear period, the employee will receive 66 and 2/3 percent 2/3% of gross pay from the twenty-third (23rd) workday of disability until the end of the fifty-second (52nd) week of disability. No IDL or payments shall be allowed after two (2) years from the first day (i.e., date) of disabilitypay. C. 11.21.3 The employee may elect to supplement payment from the twenty-third (23rd) workday 23rd work day with accrued leave credits including annual leave, vacation, sick leave, or compensating time off (CTO) in the amount necessary to approximate the employee's ’s full net pay. Full net pay is defined as the net pay the employee would have received if he/she had been working and not on disability. Partial supplementation will be allowed, but fractions of less than one (1) hour will not be permitted. Once the level of supplementation is selected, it may be decreased to accommodate a declining leave balance but it may not be increased. Reductions to supplementation amounts will be made on a prospective basis only. D. 11.21.4 Temporary Disability (TD) with supplementation, as provided for in Government Code Section 19863, will no longer be available to any State employee who is a member of either the PERS CalPERS or STRS retirement system during the first fifty-two (52) 52 weeks, after the first date of disability, within a two (2)-year year period. Any employee who is already receiving disability payments on the effective date of this provision will be notified and given thirty (30) 30 days to make a voluntary, but irrevocable, change to the new benefit for the remainder of his/her eligibility for IDL. E. 11.21.5 If the employee remains disabled after the IDL benefit is exhausted, then the employee will be eligible to receive Temporary Disability benefits as provided for in Government Code Section 19863, except that no employee will be allowed to supplement Temporary Disability payments in an amount which exceeds the employee's full net pay as defined above. F. 11.21.6 In the event that an employee is determined to be "permanent and stationary" by his/her physician before the IDL benefit is exhausted, but is unable to return to work, work he/she must agree to participate in a vocational rehabilitation program. Refusing to participate will result in immediate suspension of the IDL benefit. G. All appeals 11.21.7 An employee may elect to supplement Vocational Rehabilitation Maintenance Allowance, which is provided pursuant to Section 10125.1, Title 8, California Code of an employee's denial of IDL benefits shall only follow the procedures in the Regulations, with leave credits. 11.21.8 The State and Union agree to support legislation to amend Government Code and Title 2. All disputes relating Section 19863.1, to allow an employee's denial of benefits are employee to supplement Vocational Rehabilitation Maintenance Allowance with leave credits. 11.21.9 IDL will not grievable be paid for time lost to attend medical appointments after the employee returns to work or arbitrable. This does not change either party's contractual rights which are not related is deemed able to an individual's denial of benefitsreturn to work.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Industrial Disability Leave. A. For periods Employees who suffer an industrial injury or illness and would otherwise be eligible for temporary disability (TD) benefits under the Labor Code will be entitled to IDL as described in Article 4 of disability commencing on or after January 1the Government Code, 1993, subject to Government Code Section 19875, eligible beginning with section 19869. IDL will be paid in lieu of TD benefits. B. Eligible employees shall receive IDL payments equivalent to full net pay for the first twenty-two (22) workdays after the date of the reported injury. B. C. In the event that the disability exceeds twenty-two (22) workdays, the employee will receive 66 and 2/3 percent of gross pay from the twenty-third (23rd) workday of disability until the end of the fifty-second (52nd) week of disability. No IDL or payments shall be allowed after two (2) years from the first day (i.e., date) of disability. C. D. The employee may elect to supplement payment from the twenty-third (23rd) workday with accrued leave credits including annual leave, vacation, sick leave, or compensating time off (CTO) in the amount necessary to approximate the employee's full net pay. Partial supplementation will be allowed, but fractions of less than one (1) hour will not be permitted. Once the level of supplementation is selected, it may be decreased to accommodate a declining leave balance but it may not be increased. Reductions to supplementation amounts will be made on a prospective basis only. D. E. Temporary Disability (TD) with supplementation, as provided for in Government Code Section section 19863, will no longer be available to any State employee who is a member of either the PERS or STRS retirement system during the first fifty-two (52) weeks, after the first date of disability, within a two (2)-year period. Any employee who is already receiving disability payments on the effective date of this provision will be notified and given thirty (30) days to make a voluntary, but irrevocable, change to the new benefit for the remainder of his/her eligibility for IDL. E. F. If the employee remains disabled after the IDL benefit is exhausted, then the employee will be eligible to receive Temporary Disability TD benefits as provided for in the Labor Code and supplementation, as provided in Government Code Section section 19863. F. In the event that G. For an employee injured prior to January 1, 2004, IDL may continue beyond the physician’s statement that the employee’s condition is determined to be "permanent and stationary" by ” providing the employee has not exhausted his/her physician before eligibility for IDL benefits, the employee has been declared a “qualified injured worker”, and the employee would otherwise be entitled to Vocational Rehabilitation Maintenance Allowance (VRMA), IDL benefit is exhausted, but is unable to return to work, he/she must agree to participate would be paid in a vocational rehabilitation program. Refusing to participate will result in immediate suspension lieu of the IDL benefitVRMA. G. H. All appeals of an employee's denial of IDL benefits shall only follow the procedures in the Government Code and Title 2. All disputes relating to an employee's denial of benefits are not grievable or arbitrable. This does not change either party's contractual rights which are not related to an individual's denial of benefits.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Industrial Disability Leave. A. For periods of disability commencing on or after January 1, 1993, subject to Government Code Section 19875, eligible employees shall receive IDL payments equivalent to full net pay for the first twenty-two (22) workdays 22 work days after the date of the reported injury. B. In the event that the disability exceeds twenty-two (22) workdays22 work days, the employee will receive 66 and 2/3 percent 2/3% of gross pay from the twenty-third (23rd) workday 23rd work day of disability until the end of the fifty-second (52nd) 52nd week of disability. No IDL or payments shall be allowed after two (2) years from the first day (i.e., date) of disability. C. The employee may elect to supplement payment from the twenty-third (23rd) workday 23rd work day with accrued leave credits including annual leave, vacation, sick leave, or compensating time off (CTO) in the amount necessary to approximate the employee's full net pay. Partial supplementation will be allowed, but fractions of less than one (1) hour will not be permitted. Once the level of supplementation is selected, it may be decreased to accommodate a declining leave balance but it may not be increased. Reductions to supplementation amounts will be made on a prospective basis only. D. Temporary Disability (TD) with supplementation, as provided for in Government Code Section 19863, will no longer be available to any State employee who is a member of either the PERS or STRS retirement system during the first fifty-two (52) 52 weeks, after the first date of disability, within a two (2)-year two-year period. Any employee who is already receiving disability payments on the effective date of this provision will be notified and given thirty (30) 30 days to make a voluntary, but irrevocable, change to the new benefit for the remainder of his/her eligibility for IDL. E. If the employee remains disabled after the IDL benefit is exhausted, then the employee will be eligible to receive Temporary Disability benefits as provided for in Government Code Section 19863. F. In the event that an employee is determined to be "permanent and stationary" by his/her physician before the IDL benefit is exhausted, but is unable to return to work, he/she must agree to participate in a vocational rehabilitation program. Refusing to participate will result in immediate suspension of the IDL benefit. G. All appeals of an employee's denial of IDL benefits shall only follow the procedures in the Government Code and Title 2. All disputes relating to an employee's denial of benefits are not grievable or arbitrable. This does not change either party's contractual rights which are not related to an individual's denial of benefits.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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