Common use of Industrial Illness and Accident Leave Clause in Contracts

Industrial Illness and Accident Leave. In addition to any other benefits that an employee may be entitled to under the Workers’ Compensation laws of this state, employees shall be entitled to the following benefits: 16.5.1 Employees suffering an injury or illness arising out of and in the course and scope of employment shall be entitled to a leave of up to sixty (60) workdays in any one fiscal year for the same accident or illness. This leave shall not be accumulated from year to year, and when any leave will overlap a fiscal year, the employee shall be entitled to only that amount remaining at the end of the fiscal year in which the injury or illness occurred. Payment of wages lost on any day shall not, when added to an award granted the employee under Workers' Compensation laws of this state, exceed the normal wage for the day. Industrial accident leave will be reduced by one day for each day of authorized absence regardless of a compensation award made under workers’ compensation. The industrial accident or illness leave is to be used in lieu of normal sick leave benefits. When entitlement to industrial accident or illness leave under this section has been exhausted, entitlement to other sick leave, vacation, or other paid leave may then be used. If, however, an employee is still receiving temporary disability payments under Workers' Compensation laws of this state at the time of the exhaustion of benefits under this section, the employee shall be entitled to use only so much accumulated and available normal sick leave and vacation leave which, when added to the Workers' Compensation award, provides for a day's pay at the regular rate of pay. 16.5.2 Employees released by a physician from industrial accident and illness leave shall be returned to their prior position so long as the physician’s release contains no restrictions and there is no other medical evidence stating that the employee is unable to return to work without restrictions or that the employee is a qualified injured worker. The District shall grant rights under the Labor Code, the Fair Employment and Housing Act (“FEHA”), and the Americans With Disabilities Act (“ADA”) to employees who meet the criteria stated under those laws. 16.5.3 Any time an employee on industrial accident or illness leave is able to return to work, the employee shall be reinstated in the same position without loss of pay or benefits. 16.5.4 An employee must have completed one (1) calendar year of service with the District to qualify for industrial accident and illness leave. Such leave of absence will commence on the first day of absence on or after the first day of required service. 16.5.5 When all available leaves of absence, paid or unpaid, have been exhausted and if the employee is not medically able to assume the duties of the position, the employee, if not placed in another position, shall be placed on a reemployment list for a period of 39 months. When available, during the 39-month period, employees shall be employed in a vacant position in the class of their 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 employees shall be listed in accordance with appropriate seniority regulations. (Ed. Code 88192(g).)

Appears in 3 contracts

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

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Industrial Illness and Accident Leave. In addition to any other benefits that Any absence which is supported by a doctor’s certificate and which is verified by the District’s self-insurance program for employees as qualified for Workers Compensation is an employee may be entitled to absence payable under the Workers’ Compensation laws industrial illness and accident leave. 17.4.1 A unit member, upon completion of this stateprobationary status, employees who is absent from duty because of an industrial illness or accident, shall be entitled to industrial illness or accident leave. 17.4.2 During the following benefits:period of determination by the District’s self-insurance program for employees, the payroll charge will be made to the unit member’s sick leave account. If the claim is approved, an adjustment will then be made restoring to the unit member the sick leave previously charged from the first day of absence and a charge made in lieu thereof to industrial illness and accident leave. 16.5.1 Employees suffering an injury or illness arising out 17.4.3 A maximum of and in the course and scope of employment shall be entitled to a leave of up to sixty (60) workdays working days of industrial illness and accident leave is allowable in any one fiscal year for the same illness or accident. Eligibility for industrial illness or accident leave will continue for only such period as the unit member qualifies under the Workers’ Compensation laws. An industrial accident or illness. This illness leave shall not be accumulated from may overlap into the next fiscal year to year, and when any by no more than the amount of leave will overlap a fiscal year, the employee shall be entitled to only that amount remaining at the end of the fiscal year in which the injury or illness occurred. Payment of wages lost on any day shall not, when added to an award granted the employee under Workers' Compensation laws of this state, exceed the normal wage provided employment for the daysucceeding fiscal year is approved by the Board of Trustees. 17.4.4 Industrial illness and accident leave shall not be cumulative from year to year. 17.4.5 While a unit member is in paid status, the District’s “self-insurance” carrier shall pay to the District, on the unit member’s behalf, any disability indemnity checks. The District in turn, shall pay the unit member’s regular salary, not to exceed 100% of the unit member’s gross salary. 17.4.6 Industrial accident leave will shall be reduced by one (1) day for each day (or portion thereof) of authorized absence regardless of a any compensation award made under workersWorkerscompensation. The industrial accident or illness leave is to be used in lieu of normal sick leave benefits. Compensation. 17.4.7 When entitlement to industrial accident or illness leave under this section has been exhausted, entitlement to other sick leave, vacation, or other paid leave may will then be used. If; but if a unit member is receiving Workers’ Compensation, however, an employee is still receiving temporary disability payments under Workers' Compensation laws of this state at the time of the exhaustion of benefits under this section, the employee he/she shall be entitled to use only so much of his/her accumulated and or available normal sick leave, accumulated compensatory time, vacation, or other available leave and vacation leave which, which when added to the Workers' Compensation award, provides provide for a full day's pay at the regular rate of pay’s wage or salary. 16.5.2 Employees released by a physician from industrial accident and illness leave 17.4.8 No absence under this article shall be returned to their prior position so long considered as the physician’s release contains no restrictions a break in service for any unit member who is in a paid status, and there is no other medical evidence stating that the employee is unable to return to work without restrictions or that the employee is a qualified injured worker. The District shall grant rights all pay benefits accruing under the Labor Code, the Fair Employment and Housing Act (“FEHA”), and the Americans With Disabilities Act (“ADA”) provisions of this Agreement shall continue to employees who meet the criteria stated accrue under those lawssuch absence. 16.5.3 Any time an employee on industrial accident or illness leave is able to return to work, the employee shall be reinstated in the same position without loss of pay or benefits. 16.5.4 An employee must have completed one (1) calendar year of service with the District to qualify for industrial accident and illness leave. Such leave of absence will commence on the first day of absence on or after the first day of required service. 16.5.5 When all available leaves of absence, paid or unpaid, have been exhausted and if the employee 17.4.9 If a unit member is not medically able to assume the duties of the positionhis/her position after all industrial illness and accident leave, the employeesick leave, if not placed in another positionand vacation have been exhausted, his/her name shall be placed on a reemployment re- employment list for a period of 39 months. When available, medically released for return to duty during the 39-39 month period, employees he/she shall be employed in a the first vacant position in the class of their his/her previous assignment over all other available candidates candidates, except for those on a reemployment re-employment list established because of lack of or work or lack of funds, in which case employees . A unit member who fails to accept an appropriate assignment shall be listed in accordance with appropriate seniority regulations. (Ed. Code 88192(g)dismissed.) 17.4.10 A unit member receiving benefits as a result of an industrial accident or illness shall remain, during periods of injury or illness, within the State of California unless the Board of Trustees authorizes travel outside the State.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Industrial Illness and Accident Leave. In addition 1. The District shall continue to any other benefits that an employee may be entitled to under the Workers’ Compensation laws of this state, employees shall be entitled to the provide coverage for industrial illness and accident as provided by law. The following benefitsprovisions apply as referenced in California Ed Codes 45191 and 45192: 16.5.1 Employees suffering an injury or illness arising out of and in the course and scope of employment (1) Allowable leave shall not be entitled to a leave of up to sixty (60) workdays for less than 60 working days in any one fiscal year for the same accident or illness. This All classified employees are eligible for the industrial accident or illness leave. (2) Allowable leave shall not be accumulated accumulative from year to year, and when any . (3) Industrial accident or illness leave will commence on the first day of absence. (4) Payment for wages lost on any day shall not, when added to an award granted the employee under workers’ compensation laws of this state, exceed the normal wage for the day. (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. (6) When an industrial accident or illness occurs at a time when the full 60 days will overlap a 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. Payment of wages lost on any day shall not, when added to an award granted the employee under Workers' Compensation laws of this state, exceed the normal wage for the day. Industrial accident leave will be reduced by one day for each day of authorized absence regardless of a compensation award made under workers’ compensation. same injury or illness. a. The industrial accident or of illness leave of absence is to be used in lieu of normal sick leave benefitsentitlement acquired under Ed code Section 45191. When entitlement to industrial accident or illness leave under this section has been exhausted, entitlement to or other sick leave, vacation, or other paid leave may will then be used. If, however, but if an employee is still receiving temporary disability payments under Workers' Compensation laws of this state at the time of the exhaustion of benefits under this sectionworkers’ compensation, the employee shall be entitled to use only so much of his or her accumulated and or available normal sick leave, accumulated compensating time, vacation, or other available leave and vacation leave whichas, when added to the Workers' Compensation workers’ compensation award, provides for will provide a day's pay at full days’ wage salary. For example, in cases when the regular rate workers compensation award is less than a full days’ wage, the employee may elect not to use their accrued sick/vacation leaves to make up the difference – provided they notify the District of pay. 16.5.2 Employees released by a physician from industrial accident and illness leave shall be returned this election in writing prior to their prior position so long as the physician’s release contains no restrictions and there is no other medical evidence stating that the employee is unable to return to work without restrictions or that the employee is a qualified injured worker. The District shall grant rights under the Labor Code, the Fair Employment and Housing Act (“FEHA”), and the Americans With Disabilities Act (“ADA”) to employees who meet the criteria stated under those laws. 16.5.3 Any time an employee on industrial accident or illness leave is able expiring. b. The employee shall be notified in advance, in writing, that available workers comp leave and/or paid leave will be exhausted, and shall be offered an opportunity to request additional leave. The District will provide information and instruction to the unit member of available leave(s) following a payroll period after the unit member’s initial worker’s compensation leave begins. The notification will include: i. Type of leave(s) that may be expiring and date of expiration. ii. Information on steps to follow if requesting further leave(s). iii. Information on additional leaves and duration. iv. Human Resources contact information and who to contact for further information regarding leaves; or any leave related questions, including available leave balance(s). v. Information on next steps if employee does not return to workwork when leave expires. c. A period of leave of absence, paid or unpaid, shall not be considered to be a break in service of the employee. d. During a paid leave of absence, whether industrial accident leave as provided in this section, sick leave, vacation, compensated time off, or other available leave provided by law or the action of the District, the employee shall endorse to the school district wage loss benefit checks received under the workers’ compensation laws of this state. The District, in turn, shall issue the employee appropriate warrants for payment of wages or salary, and shall deduct normal retirement and other authorized contributions. Reductions to entitlement to leave shall be reinstated made only in the same position without loss of pay or benefitsaccordance with this section. 16.5.4 An employee must have completed one (1) calendar year of service with the District to qualify for industrial accident and illness leave. Such leave of absence will commence on the first day of absence on or after the first day of required service. 16.5.5 e. When all available leaves of absence, paid or unpaid, have been exhausted and if the employee is not medically able to assume the duties of the his or her position, the employeeemployee shall, if not placed in another position, shall be placed on a reemployment list for a period of 39 months. When available, during the 39-39- month period, employees the employee shall be employed in a vacant position in the class of their the employee’s previous assignment over all other available candidates except for a reemployment list established because of lack of work or lack of funds, in which case employees the employee shall be listed in accordance with appropriate seniority regulations. f. An employee who has been placed on a reemployment list, as provided in this section, who has been medically released for return to duty and who fails to accept an appropriate assignment shall be dismissed. (7) “On-the-job” accidents shall be reported to the employee’s supervisor as soon as possible. (EdPayment to an employee for wages lost on any day of leave taken under this provision shall not exceed the employee’s normal wage for such day. Code 88192(g)Money received as payment for lost time shall be turned over to the Human Resources Department. Xxxx leave used for on-the-job accident or illness will be credited back to the employee’s sick leave accrual, upon the establishment of a valid claim hereunder. The employee shall return to work on the first working day cited by the physician of record as the day when he/she is able to return to work. Provided, however, that the employee shall inform the Human Resources Department of his/her intent to return immediately upon being informed of the date of return by the physician. The employee shall be entitled to see the doctor of his/her choice for treatment. The District reserves the right without limitation to specify to the employee a list of doctors, one of whom the employee must submit to examination by, in order to retain benefits hereunder, subject to the provision of the California Labor Code. Employees benefiting hereunder shall continue to accrue all benefits under this Agreement while they remain on paid status.)

Appears in 2 contracts

Samples: Negotiated Agreement, Negotiated Agreement

Industrial Illness and Accident Leave. In addition Up to any other benefits that sixty (60) working days shall be granted in case of an employee may industrial illness and/or accident when the absence is caused by injury or accident directly arising from the performance of services for the District. All Industrial and Accident Leaves must be entitled to under supported by a physician’s certificate and verified by the Workers’ Compensation laws of this stateself-insurance program for employees. 8.7.1 The following are the provisions for Industrial Accident or Illness Leave: 8.7.1.1 When an Industrial Accident or Illness occurs, employees the unit member shall be entitled to the following benefits: 16.5.1 Employees suffering an injury or illness arising out of and in the course and scope of employment shall be entitled to a leave of up to sixty (60) workdays working days, in any one (1) fiscal year year, for the same illness or injury. When an industrial accident or illness. This leave shall not be accumulated from year to year, and illness occurs at a time when any leave the full sixty (60) days will overlap a 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. , for the same illness or injury. 8.7.1.2 Industrial Accident or Illness Leave will commence on the first day of absence. 8.7.1.3 Payment of for wages lost on any day shall not, when added to an award granted the employee unit member under Workers' Compensation the workers’ compensation laws of this stateState, exceed the normal wage for the day. . 8.7.1.4 Industrial accident leave Accident Leave will be reduced by one (1) day for each day of authorized absence absence, regardless of a any compensation award made under workers’ compensation. The industrial accident . 8.7.1.5 Periods of leave of absence under Article 8.7, paid or illness leave is unpaid, shall not be considered to be used a break in lieu service of normal sick leave benefits. When entitlement the unit member. 8.7.1.6 No employee shall return to industrial accident or illness leave under work without prior authorization from the Business Services Office. 8.7.2 During all paid leaves of absence, whether Industrial Accident Leave as provided in this section has been exhaustedArticle, entitlement to other sick leave, vacation, or other paid available leave may then be used. Ifprovided by law or the action of a governing board, however, an employee is still receiving temporary disability payments the unit member shall endorse to the District wage loss benefit checks received under Workers' Compensation the workers’ compensation laws of this state at State. The District, in turn, shall issue the time unit member appropriate warrants for payment of the exhaustion of wages or salary and shall deduct normal retirement and other authorized contributions. 8.7.3 Industrial Illness and Accident Leave benefits under this section, the employee are in addition to sick leave benefits. 8.7.4 A unit member shall be entitled deemed to use only so much accumulated have recovered from an accident or illness and available normal sick leave and vacation leave which, when added to the Workers' Compensation award, provides for a day's pay at the regular rate of pay. 16.5.2 Employees released by a physician from industrial accident and illness leave shall be returned to their prior position so long as the physician’s release contains no restrictions and there is no other medical evidence stating that the employee is unable thereby able to return to work without restrictions or that the employee is a qualified injured worker. The at such time as their physician so indicates subject to District shall grant rights under the Labor Code, the Fair Employment and Housing Act (“FEHA”), and the Americans With Disabilities Act (“ADA”) verification of medical fitness to employees who meet the criteria stated under those lawsperform work by appropriate medical authority at District expense. 16.5.3 Any time an employee on industrial accident or illness leave is able to return to work, the employee shall be reinstated in the same position without loss of pay or benefits. 16.5.4 An employee must have completed one (1) calendar year of service with the District to qualify for industrial accident and illness leave. Such leave of absence will commence on the first day of absence on or after the first day of required service. 16.5.5 When all available leaves of absence, paid or unpaid, have been exhausted and if the employee is not medically able to assume the duties of the position, the employee, if not placed in another position, shall be placed on a reemployment list for a period of 39 months. When available, during the 39-month period, employees shall be employed in a vacant position in the class of their 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 employees shall be listed in accordance with appropriate seniority regulations. (Ed. Code 88192(g).)

Appears in 1 contract

Samples: Collective Bargaining Agreement

Industrial Illness and Accident Leave. In addition to any other benefits that an employee may be entitled to under the Workers' Compensation laws of this state, employees shall be entitled to the following benefits: 16.5.1 Employees An employee suffering an injury or illness arising out of and in the course and scope of his/her employment shall be entitled to a leave of up to sixty (60) workdays in any one fiscal year for the same accident or illness. This leave shall not be accumulated from year to year, and when any leave will overlap a fiscal year, the employee shall be entitled to only that amount remaining at the end of the fiscal year in which the injury or illness occurred. Payment of wages lost on any day shall not, when added to an award granted the employee under Workers' Compensation laws of this state, exceed the normal wage for the day. Industrial accident leave will be reduced by one day for each day of authorized absence regardless of a compensation award made under workers’ compensation. The industrial accident or illness leave is to be used in lieu of normal sick leave benefits. When entitlement to industrial accident or illness leave under this section has been exhausted, entitlement to other sick leave, vacation, or other paid leave may then be used. If, however, an employee is still receiving temporary disability payments under Workers' Compensation laws of this state at the time of the exhaustion of benefits under this section, the employee he/she shall be entitled to use only so much of his/her accumulated and available normal sick leave and vacation leave which, when added to the Workers' Compensation award, provides for a day's pay at the regular rate of pay. 16.5.2 Employees An employee released by a physician from industrial accident and illness leave shall be returned to their his/her prior position so long as the physician’s 's release contains no restrictions and there is no other medical evidence stating that the employee is unable to return to work without restrictions or that the employee is a qualified injured worker. The District shall grant rights under the Labor Code, the Fair Employment and Housing Act (“FEHA”), and the Americans With Disabilities Act ("ADA") to employees who meet the criteria stated under those laws. 16.5.3 Any time an employee on industrial accident or illness leave is able to return to work, the employee he/she shall be reinstated in the same his/her position without loss of pay or benefits. 16.5.4 An employee must have completed one (1) calendar year of service with the District to qualify for industrial accident and illness leave. Such leave of absence will commence on the first day of absence on or after the first day of required service. 16.5.5 When all available leaves of absence, paid or unpaid, have been exhausted and if the employee is not medically able to assume the duties of the his or her position, the employee, if not placed in another position, shall be placed on a reemployment list for a period of 39 months. When available, during the 39-month period, employees the employee shall be employed in a vacant position in the class of their his or 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 employees the employee shall be listed in accordance with appropriate seniority regulations. (Ed. Code 88192(g).)

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Industrial Illness and Accident Leave. In addition Up to any other benefits that sixty (60) working days shall be granted in case of an employee may industrial illness and/or accident when the absence is caused by injury or accident directly arising from the performance of services for the District. All Industrial and Accident Leaves must be entitled to under supported by a physician’s certificate and verified by the Workers’ Compensation laws of this stateself-insurance program for employees. 8.7.1 The following are the provisions for Industrial Accident or Illness Leave: 8.7.1.1 When an Industrial Accident or Illness occurs, employees the unit member shall be entitled to the following benefits: 16.5.1 Employees suffering an injury or illness arising out of and in the course and scope of employment shall be entitled to a leave of up to sixty (60) workdays working days, in any one (1) fiscal year year, for the same illness or injury. When an industrial accident or illness. This leave shall not be accumulated from year to year, and illness occurs at a time when any leave the full sixty (60) days will overlap a 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. , for the same illness or injury. 8.7.1.2 Industrial Accident or Illness Leave will commence on the first day of absence. 8.7.1.3 Payment of for wages lost on any day shall not, when added to an award granted the employee unit member under Workers' Compensation the workers’ compensation laws of this stateState, exceed the normal wage for the day. . 8.7.1.4 Industrial accident leave Accident Leave will be reduced by one (1) day for each day of authorized absence absence, regardless of a any compensation award made under workers’ compensation. The industrial accident . 8.7.1.5 Periods of leave of absence under Article 8.7, paid or illness leave is unpaid, shall not be considered to be used a break in lieu service of normal sick leave benefits. When entitlement the unit member. 8.7.1.6 No employee shall return to industrial accident or illness leave under work without prior authorization from the Business Services Office. 8.7.2 During all paid leaves of absence, whether Industrial Accident Leave as provided in this section has been exhaustedArticle, entitlement to other sick leave, vacation, or other paid available leave may then be used. Ifprovided by law or the action of a governing board, however, an employee is still receiving temporary disability payments the unit member shall endorse to the District wage loss benefit checks received under Workers' Compensation the workers’ compensation laws of this state at State. The District, in turn, shall issue the time unit member appropriate warrants for payment of the exhaustion of wages or salary and shall deduct normal retirement and other authorized contributions. 8.7.3 Industrial Illness and Accident Leave benefits under this section, the employee are in addition to sick leave benefits. 8.7.4 A unit member shall be entitled deemed to use only so much accumulated have recovered from an accident or illness and available normal sick leave and vacation leave which, when added to the Workers' Compensation award, provides for a day's pay at the regular rate of pay. 16.5.2 Employees released by a physician from industrial accident and illness leave shall be returned to their prior position so long as the physician’s release contains no restrictions and there is no other medical evidence stating that the employee is unable thereby able to return to work without restrictions or that the employee is a qualified injured worker. The at such time as his/her physician so indicates subject to District shall grant rights under the Labor Code, the Fair Employment and Housing Act (“FEHA”), and the Americans With Disabilities Act (“ADA”) verification of medical fitness to employees who meet the criteria stated under those lawsperform work by appropriate medical authority at District expense. 16.5.3 Any time an employee on industrial accident or illness leave is able to return to work, the employee shall be reinstated in the same position without loss of pay or benefits. 16.5.4 An employee must have completed one (1) calendar year of service with the District to qualify for industrial accident and illness leave. Such leave of absence will commence on the first day of absence on or after the first day of required service. 16.5.5 When all available leaves of absence, paid or unpaid, have been exhausted and if the employee is not medically able to assume the duties of the position, the employee, if not placed in another position, shall be placed on a reemployment list for a period of 39 months. When available, during the 39-month period, employees shall be employed in a vacant position in the class of their 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 employees shall be listed in accordance with appropriate seniority regulations. (Ed. Code 88192(g).)

Appears in 1 contract

Samples: Collective Bargaining Agreement

Industrial Illness and Accident Leave. In addition to any other benefits that an employee (Paid Leave) Employees covered by this Agreement who are absent from duty because of industrial illness or injury qualifying for worker’s compensation and who have been continually employed by the District for at least one (1) year may be entitled to under the Workers’ Compensation laws of this state, employees shall be entitled to the following benefits: 16.5.1 Employees suffering an injury or illness arising out of and in the course and scope of employment shall be entitled to a leave of granted up to sixty (60) workdays in any one fiscal year for the same accident or illnessworking days of Industrial Illness and Accident Leave. This Such leave shall not be accumulated accumulative from year year-to-year. 1. An employee shall be deemed to yearhave recovered from an industrial illness or accident and thereby able to return to work at such time as the employee’s physician verifies that there has been such a recovery. The District, and when any leave will overlap a fiscal yearat its own expense, may require the opinion of another physician. 2. When an employee is absent from duties because of industrial illness or accident, the employee shall be entitled to only that amount remaining at the end paid such portion of the fiscal year salary due such employee for any month in which the injury or illness occurred. Payment of wages lost on any day shall not, absence occurs as when added to an award granted the employee’s temporary disability indemnity will result in a payment to the employee under Workers' Compensation laws of this state, exceed the normal wage for the day. Industrial accident leave will be reduced by one day for each day of authorized absence regardless of a compensation award made under workers’ compensationnot more than such employee’s full salary. 3. The employee shall endorse to the District the temporary disability indemnity checks received because of industrial accident illness or illness leave is to be used accident. The District, in lieu turn, shall issue the employee appropriate salary warrants for payment of the employee’s salary and shall deduct normal sick leave benefitsretirement and other authorized contributions. 4. When entitlement to industrial accident or illness leave Any employee receiving benefits under this section has been exhaustedshall, entitlement during the period of illness or injury, remain in the State of California unless otherwise authorized by the District. 5. Reporting industrial illnesses and accidents shall be the responsibility of the employee so afflicted. Such report shall be made to other sick leave, vacation, or other paid leave may then be used. If, however, an employee is still receiving temporary disability payments under Workers' Compensation laws the District Office of this state at Human Resources within twenty-four (24) hours of the time of the exhaustion accident or the start of benefits under the illness, unless exceptional circumstances preclude such notification. 6. Upon termination of the sixty (60) days of leave authorized by this sectionsection and if the absence continues, the employee shall be entitled to may use only so much that portion of accumulated and available normal sick leave and vacation leave which, when added to maintain income equal to the Workers' Compensation awardregular salary paid by the District. However, provides for a day's pay at the regular rate of pay. 16.5.2 Employees released by a physician from industrial accident and illness leave shall be returned to their prior position so long as the physician’s release contains no restrictions and there is no other medical evidence stating that the employee is unable to return to work without restrictions or that the employee is a qualified injured worker. The District shall grant rights under the Labor Code, the Fair Employment and Housing Act (“FEHA”), and the Americans With Disabilities Act (“ADA”) to employees who meet the criteria stated under those laws. 16.5.3 Any time an employee on industrial accident or illness leave is able to return to work, the employee shall be reinstated may not receive income in the same position without loss of pay or benefitsan amount which exceeds that employee’s regular salary. 16.5.4 An employee must have completed one (1) calendar year of service with the District to qualify for industrial accident and illness leave. Such leave of absence will commence on the first day of absence on or after the first day of required service. 16.5.5 When all available leaves of absence, paid or unpaid, have been exhausted and if the employee is not medically able to assume the duties of the position, the employee, if not placed in another position, shall be placed on a reemployment list for a period of 39 months. When available, during the 39-month period, employees shall be employed in a vacant position in the class of their 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 employees shall be listed in accordance with appropriate seniority regulations. (Ed. Code 88192(g).)

Appears in 1 contract

Samples: Collective Bargaining Agreement

Industrial Illness and Accident Leave. In addition Up to any other benefits that sixty (60) working days shall be granted in case of an employee may industrial illness and/or accident when the absence is caused by injury or accident directly arising from the performance of services for the District. All Industrial and Accident Leaves must be entitled to under supported by a physician’s certificate and verified by the Workers’ Compensation laws of this stateself insurance program for employees. 8.6.1 The following are the provisions for Industrial Accident or Illness Leave: 8.6.1.1 When an Industrial Accident or Illness occurs, employees the unit member shall be entitled to the following benefits: 16.5.1 Employees suffering an injury or illness arising out of and in the course and scope of employment shall be entitled to a leave of up to sixty (60) workdays working days, in any one (1) fiscal year year, for the same illness or injury. When an industrial accident or illness. This leave shall not be accumulated from year to year, and illness occurs at a time when any leave the full sixty (60) days will overlap a 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. , for the same illness or injury. 8.6.1.2 Industrial Accident or Illness Leave will commence on the first day of absence. 8.6.1.3 Payment of for wages lost on any day shall not, when added to an award granted the employee unit member under Workers' Compensation the workers’ compensation laws of this stateState, exceed the normal wage for the day. . 8.6.1.4 Industrial accident leave Accident Leave will be reduced by one (1) day for each day of authorized absence absence, regardless of a any compensation award made under workers’ compensation. The industrial accident . 8.6.1.5 Periods of leave of absence under Section 8.5, paid or illness leave is unpaid, shall not be considered to be used a break in lieu service of normal sick leave benefits. When entitlement the unit member. 8.6.1.6 No employee shall return to industrial accident or illness leave under work without prior authorization from the Business Services Office. 8.6.2 During all paid leaves of absence, whether Industrial Accident Leave as provided in this section has been exhaustedSection, entitlement to other sick leave, vacation, or other paid available leave may then be used. Ifprovided by law or the action of a governing board, however, an employee is still receiving temporary disability payments the unit member shall endorse to the District wage loss benefit checks received under Workers' Compensation the workers’ compensation laws of this state at State. The District, in turn, shall issue the time unit member appropriate warrants for payment of the exhaustion of wages or salary and shall deduct normal retirement and other authorized contributions. 8.6.3 Industrial Illness and Accident Leave benefits under this section, the employee are in addition to sick leave benefits. 8.6.4 A unit member shall be entitled deemed to use only so much accumulated have recovered from an accident or illness and available normal sick leave and vacation leave which, when added to the Workers' Compensation award, provides for a day's pay at the regular rate of pay. 16.5.2 Employees released by a physician from industrial accident and illness leave shall be returned to their prior position so long as the physician’s release contains no restrictions and there is no other medical evidence stating that the employee is unable thereby able to return to work without restrictions or that the employee is a qualified injured worker. The at such time as his/her physician so indicates subject to District shall grant rights under the Labor Code, the Fair Employment and Housing Act (“FEHA”), and the Americans With Disabilities Act (“ADA”) verification of medical fitness to employees who meet the criteria stated under those lawsperform work by appropriate medical authority at District expense. 16.5.3 Any time an employee on industrial accident or illness leave is able to return to work, the employee shall be reinstated in the same position without loss of pay or benefits. 16.5.4 An employee must have completed one (1) calendar year of service with the District to qualify for industrial accident and illness leave. Such leave of absence will commence on the first day of absence on or after the first day of required service. 16.5.5 When all available leaves of absence, paid or unpaid, have been exhausted and if the employee is not medically able to assume the duties of the position, the employee, if not placed in another position, shall be placed on a reemployment list for a period of 39 months. When available, during the 39-month period, employees shall be employed in a vacant position in the class of their 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 employees shall be listed in accordance with appropriate seniority regulations. (Ed. Code 88192(g).)

Appears in 1 contract

Samples: Collective Bargaining Agreement Addendum

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