Common use of Injury or Illness Leave Clause in Contracts

Injury or Illness Leave. The County and Union agree to the following in regard to “leave time” associated with employee injury and illness: A. When an employee is off work due to an illness or injury, the County will work with the Union to offer a plan that allows for crediting of service time to the extent possible under the law and CalPERS rules. The parties understand that employees; use of their accrued time, i.e., sick leave, vacation, etc., counts as service credits for CalPERS purposes. B. Family Medical Leave Act (FMLA) and California Family Medical Rights Act (CFRA) leave shall begin to count towards an employee’s twelve (12) week entitlement from the first day of the FMLA/CFRA qualifying event, with notice to the employee. All terms and conditions of the FMLA/CFRA shall apply. C. Employees off work due to a medical leave of absence shall be required to use accumulated sick leave, which may include being integrated with SDI, LTD, worker’s compensation, etc., if necessary, before going on any other County paid or unpaid leave. Employees may elect to “bank” up to eighty (80) hours of their sick leave for use upon their return to work. D. Employees will be allowed to use accumulated vacation, compensatory time off, etc., during a medical leave. For employees who are off work and eligible for FMLA, the County will continue its health insurance contribution, as defined in Article 9, Section 1, on the employee’s behalf (employees will be responsible for their portion), up to the time of the employee’s separation from County service. An employee who is receiving less than their scheduled hours as stated above and who ceases to be eligible for County contributions must pay directly to Risk Management the full amount of the employee and County contribution, as prorated below, in order to retain benefit coverage under the County sponsored Health/Dental/Vision Benefit Plan. Hours in Paid Status Employer Portion Paid by Employee 64-80 No charge to the employee 40-63 25% of Employer Contribution 32-39 50% of Employer Contribution Less than32 100% of Employer Contribution E. The County will conduct periodic assessments of the status of an employee on medical leave. Assessments will be conducted at thirty (30) days of leave (or ninety 90 days of limited duty) and at least every ninety (90) days thereafter. The employee will be provided with the opportunity to provide input into the assessment. F. At any point the medical condition of an employee appears to be permanent, long term, of uncertain duration or likely to preclude the employee’s ability to return to work, the County will move to separate the employee and, if appropriate, make application to CalPERS for a disability retirement on behalf of the employee who is eligible for a CalPERS disability retirement. If an employee is not eligible for CalPERS retirement, then the County will move to refer the employee to LTD. Notwithstanding Article 9, Section 3.E., payment for unused sick leave, employees medically separated under disability retirement shall be paid all of their unused accrued sick leave. If an employee is denied disability under CalPERS or LTD, the employee will return to work. G. The County and OE3 Unit agree to encourage employees on medical leaves to return to work as soon as possible in a “light duty or “modified duty” capacity if possible.

Injury or Illness Leave. ‌ The County and Union agree to the following in regard to “leave time” associated with employee injury and illness: A. When an employee is off work due to an illness or injury, the County will work with the Union to offer a plan that allows for crediting of service time to the extent possible under the law and CalPERS rules. The parties understand that employees; use of their accrued time, i.e., sick leave, vacation, etc., counts as service credits for CalPERS purposes. B. Family Medical Leave Act (FMLA) and California Family Medical Rights Act (CFRA) leave shall begin to count towards an employee’s twelve (12) week entitlement from the first day of the FMLA/CFRA qualifying event, with notice to the employee. All terms and conditions of the FMLA/CFRA shall apply. C. Employees off work due to a medical leave of absence shall be required to use accumulated sick leave, which may include being integrated with SDI, LTD, worker’s compensation, etc., if necessary, before going on any other County paid or unpaid leave. Employees may elect to “bank” up to eighty (80) hours of their sick leave for use upon their return to work. D. Employees will be allowed to use accumulated vacation, compensatory time off, etc., during a medical leave. For employees who are off work and eligible for FMLA, the County will continue its health insurance contribution, as defined in Article 9, Section 1, on the employee’s behalf (employees will be responsible for their portion), up to the time of the employee’s separation from County service. An employee who is receiving less than their scheduled hours as stated above and who ceases to be eligible for County contributions must pay directly to Risk Management the full amount of the employee and County contribution, as prorated below, in order to retain benefit coverage under the County sponsored Health/Dental/Vision Benefit Plan. Hours in Paid Status Employer Portion Paid by Employee 64-80 No charge to the employee 40-63 25% of Employer Contribution 32-39 50% of Employer Contribution Less than32 100% of Employer Contribution E. The County will conduct periodic assessments of the status of an employee on medical leave. Assessments will be conducted at thirty (30) days of leave (or ninety 90 days of limited duty) and at least every ninety (90) days thereafter. The employee will be provided with the opportunity to provide input into the assessment. F. At any point the medical condition of an employee appears to be permanent, long term, of uncertain duration or likely to preclude the employee’s ability to return to work, the County will move to separate the employee and, if appropriate, make application to CalPERS for a disability retirement on behalf of the employee who is eligible for a CalPERS disability retirement. If an employee is not eligible for CalPERS retirement, then the County will move to refer the employee to LTD. Notwithstanding Article 9, Section 3.E., payment for unused sick leave, employees medically separated under disability retirement shall be paid all of their unused accrued sick leave. If an employee is denied disability under CalPERS or LTD, the employee will return to work. G. The County and OE3 Unit agree to encourage employees on medical leaves to return to work as soon as possible in a “light duty or “modified duty” capacity if possible.