Leave for Industrial Accident or Illness. Industrial accident and illness leaves of absence shall be granted in accordance with the following: 8.4.1 The accident or illness must have arisen out of and in the course off the employment of the unit member and must be accepted as bonafide injury or illness arising out of and in the course of employment by the Carrier or administrating agent for workers' compensation coverage. Such acceptance shall be based upon the laws and rules and regulations of the State governing workers' compensation. 8.4.2 Allowable leave for each industrial accident or illness shall be for the number of days of temporary disability which shall not exceed sixty (60) working days in any one (1) fiscal year for the same accident. 8.4.3 Leave under these rules and regulations shall commence on the first day of absence. 8.4.4 The benefits provided by these rules and regulations shall be applicable to all unit members immediately upon becoming an employee of the given District. 8.4.5 Allowable leave shall not be accumulated from year to year. 8.4.6 Payment for wages lost on any day shall not, when added to an award granted the unit member under the workers' compensation laws of the State, exceed the normal wage for the day. 8.4.7 Industrial accident or illness leave shall be reduced by one (1) day for each authorized absence regardless of the compensation award made under workers' compensation. 8.4.8 When an industrial accident or illness occurs at the time when the full sixty (60) days will overlap into the next fiscal year, the unit member shall be entitled to only that amount remaining at the end of the fiscal year in which the illness or injury occurred for the same illness or injury. 8.4.9 Industrial accident or illness leave of absence is to be used in lieu of entitlement to other leaves. When entitlement to an industrial accident or illness leave has been exhausted, entitlement to other personal illness and injury leave will then be used; but if the unit member is receiving workers' compensation, he/she shall be entitled to only that portion of his/her accumulated available personal illness and injury leave, accumulated compensatory time off, vacation or other available leave which, when added to the workers' compensation award, provide for a full day's wage or salary. When applicable, the following formula shall be used: Divide the disability check, endorsed to the District, by the unit member's daily salary rate to determine the equivalent number of days. 8.4.10 Periods of leaves of absence, paid or unpaid, shall not be considered to be a break in service of the unit member. 8.4.11 During all paid leaves of absence, whether industrial accident leave as provided in this section, personal illness and injury leave, vacation, compensatory time off or other available leave provided by law or the action of the Board of Trustees, the unit member may endorse to the District wage loss benefit checks received under the workers' compensation laws of this state. The District, in turn, shall issue the unit member appropriate warrants for payment of salary and shall deduct normal retirement and other authorized contributions. In the absence of such endorsement, the District shall issue the unit member appropriate warrants for the difference between his/her regular salary and the amount of the wage loss benefit checks. Reduction of entitlement to leave shall be made only in accordance with this section. 8.4.12 Any unit member receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California unless the district authorizes travel outside the state.
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Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
