Common use of Salary Continuation for Workers’ Compensation Claims Clause in Contracts

Salary Continuation for Workers’ Compensation Claims. Salary continuation is the uninterrupted payment of a permanent employee’s total rate of pay not to exceed four hundred and eighty (480) hours per Workers’ Compensation claim. An employee who incurs physical injuries or other disabilities in the performance of and arising out of State employment, and is not eligible for OIL, may be eligible for salary continuation. To be eligible, the employee must 1) follow his/her Agency’s accident reporting guidelines, 2) be evaluated by an Approved Physician, as defined in Appendix C, to determine if the injuries have so disabled the employee that the essential functions of his/her position cannot be performed, 3) show that the Employer is currently unable to provide an appropriate transitional work assignment, and 4) apply for Workers’ Compensation benefits within twenty (20) days of the incident. Effective for dates of injury occurring on or after November 1, 2009, an employee will be eligible for salary continuation. The salary continuation will end when (1) the 480 hours is exhausted; (2) the treating physician opines that it is no longer medically necessary for the employee to be off work; (3) the employee’s Workers’ Compensation claim is denied by the Bureau of Workers’ Compensation (BWC); (4) the Industrial Commission (IC) determines that the employee has reached Maximum Medical Improvement; (5) or the employee is disqualified from receiving Workers’ Compensation benefits, whichever occurs first. Salary continuation will end if the employee is no longer in the state service or has been voluntarily or involuntarily disability separated. Salary continuation will end if the employee accepts Workers’ Compensation temporary total disability benefits. Employees who receive OIL benefits are not eligible for salary continuation arising out of the same incident or injury. Any requests for additional allowances to a claim shall be approved by BWC prior to requesting payment of additional salary continuation subject to the 480 total hours limit. No charge will be made to the employee’s accumulation of sick leave during the period the employee receives salary continuation. An employee on salary continuation shall accrue sick leave and personal leave but shall not accrue vacation leave. The employee is not eligible to use leave balances while receiving salary continuation. Additionally, the employee shall not be eligible for any other paid leaves, including holiday pay and those leaves under Articles 14, 15 or 26, while receiving salary continuation. Employees receiving salary continuation are in active pay status. If the employee’s Workers’ Compensation claim is denied by BWC or if the employee is disqualified from receiving Workers’ Compensation benefits, the employee must, after all administrative appeals have been exhausted, either substitute the use of paid sick, vacation, or personal leave, or repay the Employer any salary continuation received during the period of time from the date of injury until the final administrative determination on the claim has been made. The Agency will work with the employee to determine if leave will be deducted and/or to set up a repayment procedure. An employee may elect to take leave without pay, in lieu of salary continuation, without exhausting accrued leave balances, pending determination of a Workers’ Compensation claim. If an employee elects to utilize his/her sick leave, personal leave, vacation leave or compensatory time balances in lieu of salary continuation pending determination of a Workers’ Compensation claim arising from employment with the State of Ohio, the Employer shall allow the employee to buy back those leave balances within two (2) pay periods after the Workers’ Compensation benefits are received by the employee, or shall allow the employee to choose the automatic restoration of those leave balances through assignment of benefits.

Appears in 9 contracts

Samples: Win, CLC, Agreement, Agreement

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Salary Continuation for Workers’ Compensation Claims. Salary continuation is the uninterrupted payment of a permanent employee’s total rate of pay not to exceed four hundred and eighty (480) hours per Workers’ Compensation claim. An employee who incurs physical injuries or other disabilities in the performance of and arising out of State employment, and is not eligible for OIL, may be eligible for salary continuation. To be eligible, the employee must 1) follow his/her Agencyagency’s accident reporting guidelines, 2) be evaluated by an Approved Physician, as defined in Appendix CArticle 42, to determine if the injuries have so disabled the employee that the essential functions of his/her position cannot be performed, 3) show that the Employer is currently unable to provide an appropriate transitional work assignment, and 4) apply for Workers’ Compensation benefits within twenty (20) days of the incident. Effective for dates of injury occurring on or after November 1, 2009, an employee will be eligible for salary continuation. The salary continuation will end when (1) the 480 hours is exhausted; (2) the treating physician opines that it is no longer medically necessary for the employee to be off work; (3) the employee’s Workers’ Compensation claim is denied by the Bureau of Workers’ Compensation (BWC); (4) the Industrial Commission (IC) determines that the employee has reached Maximum Medical Improvement; (5) or the employee is disqualified from receiving Workers’ Compensation benefits, whichever occurs first. Salary continuation will end if the employee is no longer in the state service or has been voluntarily or involuntarily disability separated. Salary continuation will end if the employee accepts Workers’ Compensation temporary total disability benefits. Employees who receive OIL benefits are not eligible for salary continuation arising out of the same incident or injury. Any requests for additional allowances to a claim shall be approved by BWC prior to requesting payment of additional salary continuation subject to the 480 total hours limit. No charge will be made to the employee’s accumulation of sick leave during the period the employee receives salary continuation. An employee on salary continuation shall accrue sick leave and personal leave but shall not accrue vacation leave. The employee is not eligible to use leave balances while receiving salary continuation. Additionally, the employee shall not be eligible for any other paid leaves, including holiday pay and those leaves under Articles 1441, 15 43 or 2645, while receiving salary continuation. Employees receiving salary continuation are in active pay status. If the employee’s Workers’ Compensation claim is denied by BWC or if the employee is disqualified from receiving Workers’ Compensation benefits, the employee must, after all administrative appeals have been exhausted, either substitute the use of paid sick, vacation, or personal leave, or repay the Employer any salary continuation received during the period of time from the date of injury until the final administrative determination on the claim has been made. The Agency will work with the employee to determine if leave will be deducted and/or to set up a repayment procedure. An employee may elect to take leave without pay, pay in lieu of salary continuation, continuation without exhausting accrued leave balances, pending determination of a Workers’ Compensation claim. If an employee elects to utilize his/her sick leave, personal leave, vacation leave or compensatory time balances in lieu of salary continuation pending determination of a Workers’ Compensation claim arising from employment with the State of Ohio, the Employer shall allow the employee employee, upon execution of a Wage Agreement, to buy back those leave balances within two (2) pay periods after the lost time Workers’ Compensation benefits are received by the employee, or shall allow the employee to choose the an automatic restoration of those leave balances through assignment upon execution of benefitsa Wage Agreement.

Appears in 6 contracts

Samples: Article 1 Agreement, Agreement, Article 1 Agreement

Salary Continuation for Workers’ Compensation Claims. Salary continuation is the uninterrupted payment of a permanent employee’s total rate of pay not to exceed four hundred and eighty (480) hours per Workers’ Compensation claim. An employee who incurs physical injuries or other disabilities in the performance of and arising out of State employment, and is not eligible for OIL, may be eligible for salary continuation. To be eligible, the employee must 1) follow his/her Agency’s accident reporting guidelines, 2) be evaluated by an Approved Physician, as defined in Appendix C, to determine if the injuries have so disabled the employee that the essential functions of his/her position cannot be performed, 3) show that the Employer is currently unable to provide an appropriate transitional work assignment, and 4) apply for Workers’ Compensation benefits within twenty (20) days of the incident. Effective for dates of injury occurring on or after November 1, 2009, an employee will be eligible for salary continuation. The salary continuation will end when (1) the 480 four hundred and eighty (480) hours is exhausted; (2) the treating physician opines that it is no longer medically necessary for the employee to be off work; (3) the employee’s Workers’ Compensation claim is denied by the Bureau of Workers’ Compensation (BWC); (4) the Industrial Commission (IC) determines that the employee has reached Maximum Medical Improvement; (5) or the employee is disqualified from receiving Workers’ Compensation benefits, whichever occurs first. Salary continuation will end if the employee is no longer in the state service or has been voluntarily or involuntarily disability separated. Salary continuation will end if the employee accepts Workers’ Compensation temporary total disability benefits. Employees who receive OIL benefits are not eligible for salary continuation arising out of the same incident or injury. Any requests for additional allowances to a claim shall be approved by BWC prior to requesting payment of additional salary continuation subject to the 480 four hundred and eighty (480) total hours limit. No charge will be made to the employee’s accumulation of sick leave during the period the employee receives salary continuation. An employee on salary continuation shall accrue sick leave and personal leave but shall not accrue vacation leave. The employee is not eligible to use leave balances while receiving salary continuation. Additionally, the employee shall not be eligible for any other paid leaves, including holiday pay and those leaves under Articles 14, 15 or 26, while receiving salary continuation. Employees receiving salary continuation are in active pay status. If the employee’s Workers’ Compensation claim is denied by BWC or if the employee is disqualified from receiving Workers’ Compensation benefits, the employee must, after all administrative appeals have been exhausted, either substitute the use of paid sick, vacation, or personal leave, or repay the Employer any salary continuation received during the period of time from the date of injury until the final administrative determination on the claim has been made. The Agency will work with the employee to determine if leave will be deducted and/or to set up a repayment procedure. An employee may elect to take leave without pay, in lieu of salary continuation, without exhausting accrued leave balances, pending determination of a Workers’ Compensation claim. If an employee elects to utilize his/her sick leave, personal leave, vacation leave or compensatory time balances in lieu of salary continuation pending determination of a Workers’ Compensation claim arising from employment with the State of Ohio, the Employer shall allow the employee to buy back those leave balances within two (2) pay periods after the Workers’ Compensation benefits are received by the employee, or shall allow the employee to choose the automatic restoration of those leave balances through assignment of benefits.. If an employee’s request for Salary Continuation is denied in its entirety, the employee may appeal the denial through the process detailed in Appendix C, Section V.

Appears in 4 contracts

Samples: Win, CLC, Agreement, Win, CLC

Salary Continuation for Workers’ Compensation Claims. Salary continuation is the uninterrupted payment of a permanent employee’s total rate of pay not to exceed four hundred and eighty (480) hours per Workers’ Compensation claim. An employee who incurs physical injuries or other disabilities in the performance of and arising out of State employment, and is not eligible for OIL, may be eligible for salary continuation. To be eligible, the employee must 1) follow his/her Agencyagency’s accident reporting guidelines, 2) be evaluated by an Approved Physician, as defined in Appendix CArticle 42, to determine if the injuries have so disabled the employee that the essential functions of his/her position cannot be performed, 3) show that the Employer is currently unable to provide an appropriate transitional work assignment, and 4) apply for Workers’ Compensation benefits within twenty (20) days of the incident. Effective for dates of injury occurring on or after November 1, 2009, an employee will be eligible for salary continuation. The salary continuation will end when (1) the 480 hours is exhausted; (2) the treating physician opines that it is no longer medically necessary for the employee to be off work; (3) the employee’s WorkersW orkers’ Compensation claim is denied by the Bureau of Workers’ Compensation (BWC); (4) the Industrial Commission (IC) determines that the employee has reached Maximum Medical Improvement; (5) or the employee is disqualified from receiving Workers’ Compensation benefits, whichever occurs first. Salary continuation will end if the employee is no longer in the state service or has been voluntarily or involuntarily disability separated. Salary continuation will end if the employee e mployee accepts Workers’ Compensation temporary total disability benefits. Employees who receive OIL benefits are not eligible for salary continuation arising out of the same incident or injury. Any requests for additional allowances to a claim shall be approved by BWC prior to requesting payment of additional salary continuation subject to the 480 total hours limit. No N o charge will be made to the employee’s accumulation of sick leave during the period the employee receives salary continuation. An employee on salary continuation shall accrue sick leave and personal leave but shall not accrue vacation leave. The employee is not eligible to use leave balances while receiving salary continuation. Additionally, the employee shall not be eligible for any other paid leaves, including holiday pay and those leaves under Articles 1441, 15 43 or 2645, while receiving salary continuation. Employees receiving salary continuation are in active pay status. If the employee’s Workers’ Compensation claim is denied by BWC or if the employee is disqualified from receiving Workers’ Compensation benefits, the employee must, after all administrative appeals have been exhausted, either substitute the use of paid sick, vacation, or personal leave, or repay the Employer any salary continuation received during the period of time from the date of injury until the final administrative determination on the claim has been made. The Agency will work with the employee to determine if leave will be deducted and/or to set up a repayment procedure. An employee may elect to take leave without pay, pay in lieu of salary continuation, continuation without exhausting accrued leave balances, pending determination of a WorkersW orkers’ Compensation claim. If an employee elects to utilize his/her sick leave, personal leave, vacation leave or compensatory time balances in lieu of salary continuation pending determination of a Workers’ Compensation claim arising from employment with the State of Ohio, the Employer shall allow the employee employee, upon execution of a Wage Agreement, to buy back those leave balances within two (2) pay periods after the Workerslost time W orkers’ Compensation benefits are received by the employee, or shall allow the employee to choose the automatic restoration of those leave balances through assignment of benefits.the

Appears in 1 contract

Samples: – Agreement

Salary Continuation for Workers’ Compensation Claims. Salary continuation is the uninterrupted payment of a permanent employee’s total rate of pay not to exceed four hundred and eighty (480) hours per Workers’ Compensation claim. An employee who incurs physical injuries or other disabilities in the performance of and arising out of State employment, and is not eligible for OIL, may be eligible for salary continuation. To be eligible, the employee must 1) follow his/her Agency’s accident reporting guidelines, 2) be evaluated by an Approved Physician, as defined in Appendix C, to determine if the injuries have so disabled the employee that the essential functions of his/her position cannot be performed, 3) show that the Employer is currently unable to provide an appropriate transitional work assignment, and 4) apply for Workers’ Compensation benefits within twenty (20) days of the incident. Effective for dates of injury occurring on or after November 1, 2009, an employee will be eligible for salary continuation. The salary continuation will end when (1) the 480 four hundred and eighty (480) hours is exhausted; (2) the treating physician opines that it is no longer medically necessary for the employee to be off work; (3) the employee’s Workers’ Compensation claim is denied by the Bureau of Workers’ Compensation (BWC); (4) the Industrial Commission (IC) determines that the employee has reached Maximum Medical Improvement; (5) or the employee is disqualified from receiving Workers’ Compensation benefits, whichever occurs first. Salary continuation will end if the employee is no longer in the state service or has been voluntarily or involuntarily disability separated. Salary continuation will end if the employee accepts Workers’ Compensation temporary total disability benefits. Employees who receive OIL benefits are not eligible for salary continuation arising out of the same incident or injury. Any requests for additional allowances to a claim shall be approved by BWC prior to requesting payment of additional salary continuation subject to the 480 four hundred and eighty (480) total hours limit. No charge will be made to the employee’s accumulation of sick leave during the period the employee receives salary continuation. An employee on salary continuation shall accrue sick leave and personal leave but shall not accrue vacation leave. The employee is not eligible to use leave balances while receiving salary continuation. Additionally, the employee shall not be eligible for any other paid leaves, including holiday pay and those leaves under Articles 14, 15 or 26, while receiving salary continuation. Employees receiving salary continuation are in active pay status. If the employee’s Workers’ Compensation claim is denied by BWC or if the employee is disqualified from receiving Workers’ Compensation benefits, the employee must, after all administrative appeals have been exhausted, either substitute the use of paid sick, vacation, or personal leave, or repay the Employer any salary continuation received during the period of time from the date of injury until the final administrative determination on the claim has been made. The Agency will work with the employee to determine if leave will be deducted and/or to set up a repayment procedure. An employee may elect to take leave without pay, in lieu of salary continuation, without exhausting accrued leave balances, pending determination of a Workers’ Compensation claim. If an employee elects to utilize his/her sick leave, personal leave, vacation leave or compensatory time balances in lieu of salary continuation pending determination of a Workers’ Compensation claim arising from employment with the State of Ohio, the Employer shall allow the employee to buy back those leave balances within two (2) pay periods after the Workers’ Compensation benefits are received by the employee, or shall allow the employee to choose the automatic restoration of those leave balances through assignment of benefits.. If an employee’s request for Salary Continuation is denied in its entirety, the employee may appeal the denial through the process detailed in Appendix C, Section V.‌

Appears in 1 contract

Samples: The Agreement

Salary Continuation for Workers’ Compensation Claims. Salary continuation is the uninterrupted payment of a permanent employee’s total rate of pay not to exceed four hundred and eighty (480) hours per Workers’ Compensation claim. An employee who incurs physical injuries or other disabilities in the performance of and arising out of State employment, and is not eligible for Occupational Injury Leave (OIL), may be eligible for salary continuation. To be eligible, the employee must 1) follow his/her Agency’s accident reporting guidelines, 2) be evaluated by an Approved Physician, as defined in Appendix C, to determine if the injuries have so disabled the employee that the essential functions of his/her position cannot be performed, 3) show that the Employer is currently unable to provide an appropriate transitional work assignment, and 4) apply for Workers’ Compensation benefits within twenty (20) days of the incident. Effective for dates of injury occurring on or after November 1, 2009, an employee will be eligible for salary continuation. The salary continuation will end when (1) the 480 four hundred and eighty (480) hours is exhausted; (2) the treating physician opines that it is no longer medically necessary for the employee to be off work; (3) the employee’s Workers’ Compensation claim is denied by the Bureau of Workers’ Compensation (BWC); (4) the Industrial Commission (IC) determines that the employee has reached Maximum Medical Improvement; (5) or the employee is disqualified from receiving Workers’ Compensation benefits, whichever occurs first. Salary continuation will end if the employee is no longer in the state service or has been voluntarily or involuntarily disability separated. Salary continuation will end if the employee accepts Workers’ Compensation temporary total disability benefits. Employees who receive OIL benefits are not eligible for salary continuation arising out of the same incident or injury. Any requests for additional allowances to a claim shall be approved by BWC prior to requesting payment of additional salary continuation subject to the 480 four hundred and eighty (480) total hours limit. No charge will be made to the employee’s accumulation of sick leave during the period the employee receives salary continuation. An employee on salary continuation shall accrue sick leave and personal leave but shall not accrue vacation leave. The employee is not eligible to use leave balances while receiving salary continuation. Additionally, the employee shall not be eligible for any other paid leaves, including holiday pay and those leaves under Articles 14, 15 or 26, while receiving salary continuation. Employees receiving salary continuation are in active pay status. If the employee’s Workers’ Compensation claim is denied by BWC or if the employee is disqualified from receiving Workers’ Compensation benefits, the employee must, after all administrative appeals have been exhausted, either substitute the use of paid sick, vacation, or personal leave, or repay the Employer any salary continuation received during the period of time from the date of injury until the final administrative determination on the claim has been made. The Agency will work with the employee to determine if leave will be deducted and/or to set up a repayment procedure. An employee may elect to take leave without pay, in lieu of salary continuation, without exhausting accrued leave balances, pending determination of a Workers’ Compensation claim. If an employee elects to utilize his/her sick leave, personal leave, vacation leave or compensatory time balances in lieu of salary continuation pending determination of a Workers’ Compensation claim arising from employment with the State of Ohio, the Employer shall allow the employee to buy back those leave balances within two (2) pay periods after the Workers’ Compensation benefits are received by the employee, or shall allow the employee to choose the automatic restoration of those leave balances through assignment of benefits.. If an employee’s request for Salary Continuation is denied in its entirety, the employee may appeal the denial through the process detailed in Appendix C, Section V.

Appears in 1 contract

Samples: The Agreement

Salary Continuation for Workers’ Compensation Claims. Salary continuation is the uninterrupted payment of a permanent employee’s total rate of pay not to exceed four hundred and eighty (480) hours per Workers’ Compensation claim. An employee who incurs physical injuries or other disabilities in the performance of and arising out of State employment, and is not eligible for OIL, may be eligible for salary continuation. To be eligible, the employee must 1) follow his/her Agencyagency’s accident reporting guidelines, 2) be evaluated by an Approved Physician, as defined in Appendix CArticle 42, to determine if the injuries have so disabled the employee that the essential functions of his/her position cannot be performed, 3) show that the Employer is currently unable to provide an appropriate transitional work assignment, and 4) apply for Workers’ Compensation benefits within twenty (20) days of the incident. Effective for dates of injury occurring on or after November 1, 2009, an employee will be eligible for salary continuation. The salary continuation will end when (1) the 480 hours is exhausted; (2) the treating physician opines that it is no longer medically necessary for the employee to be off work; (3) the employee’s Workers’ Compensation claim is denied by the Bureau of Workers’ Compensation (BWC); (4) the Industrial Commission (IC) determines that the employee has reached Maximum Medical Improvement; (5) or the employee is disqualified from receiving Workers’ Compensation benefits, whichever occurs first. Salary continuation will end if the employee is no longer in the state service or has been voluntarily or involuntarily disability separated. Salary continuation will end if the employee accepts Workers’ Compensation temporary total disability benefits. Employees who receive OIL benefits are not eligible for salary continuation arising out of the same incident or injury. Any requests for additional allowances to a claim shall be approved by BWC prior to requesting payment of additional salary continuation subject to the 480 total hours limit. No charge will be made to the employee’s accumulation of sick leave during the period the employee receives salary continuation. An employee on salary continuation shall accrue sick leave and personal leave but shall not accrue vacation leave. The employee is not eligible to use leave balances while receiving salary continuation. Additionally, the employee shall not be eligible for any other paid leaves, including holiday pay and those leaves under Articles 1441, 15 43 or 2645, while receiving salary continuation. Employees receiving salary continuation are in active pay status. If the employee’s Workers’ Compensation claim is denied by BWC or if the employee is disqualified from receiving Workers’ Compensation benefits, the employee must, after all administrative appeals have been exhausted, either substitute the use of paid sick, vacation, or personal leave, or repay the Employer any salary continuation received during the period of time from the date of injury until the final administrative determination on the claim has been made. The Agency will work with the employee to determine if leave will be deducted and/or to set up a repayment procedure. An employee may elect to take leave without pay, pay in lieu of salary continuation, continuation without exhausting accrued leave balances, pending determination of a Workers’ Compensation claim. If an employee elects to utilize his/her sick leave, personal leave, vacation leave or compensatory time balances in lieu of salary continuation pending determination of a Workers’ Compensation claim arising from employment with the State of Ohio, the Employer shall allow the employee to buy back those leave balances within two (2) pay periods after the Workers’ Compensation benefits are received by the employee, or shall allow the employee to choose the automatic restoration of those leave balances through assignment of benefits.

Appears in 1 contract

Samples: – Agreement

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Salary Continuation for Workers’ Compensation Claims. Salary continuation is the uninterrupted payment of a permanent employee’s total rate of pay not to exceed four hundred and eighty (480) hours per Workers’ Compensation claim. An employee who incurs physical injuries or other disabilities in the performance of and arising out of State employment, and is not eligible for OIL, may be eligible for salary continuation. To be eligible, the employee must 1) follow his/her Agency’s accident reporting guidelines, 2) be evaluated by an Approved Physician, as defined in Appendix C, to determine if the injuries have so disabled the employee that the essential functions of his/her position cannot be performed, 3) show that the Employer is currently unable to provide an appropriate transitional work assignment, and 4) apply for Workers’ Compensation benefits within twenty (20) days of the incident. Effective for dates of injury occurring on or after November 1, 2009, an employee will be eligible for salary continuation. The salary continuation will end when (1) the 480 hours is exhausted; (2) the treating physician opines that it is no longer medically necessary for the employee to be off work; (3) the employee’s Workers’ Compensation claim is denied by the Bureau of Workers’ Compensation (BWC); (4) the Industrial Commission (IC) determines that the employee has reached Maximum Medical Improvement; (5) or the employee is disqualified from receiving Workers’ Compensation benefits, whichever occurs first. Salary continuation will end if the employee is no longer in the state service or has been voluntarily or involuntarily disability separated. Salary continuation will end if the employee accepts Workers’ Compensation temporary total disability benefits. Employees who receive OIL benefits are not eligible for salary continuation arising out of the same incident or injury. Any requests for additional allowances to a claim shall be approved by BWC prior to requesting payment of additional salary continuation subject to the 480 total hours limit. No charge will be made to the employee’s accumulation of sick leave during the period the employee receives salary continuation. An employee on salary continuation shall accrue sick leave and personal leave but shall not accrue vacation leave. The employee is not eligible to use leave balances while receiving salary continuation. Additionally, the employee shall not be eligible for any other paid leaves, including holiday pay and those leaves under Articles 14, 15 or 26, while receiving salary continuation. Employees receiving salary continuation are in active pay status. If the employee’s Workers’ Compensation claim is denied by BWC or if the employee is disqualified from receiving Workers’ Compensation benefits, the employee must, after all administrative appeals have been exhausted, either substitute the use of paid sick, vacation, or personal leave, or repay the Employer any salary continuation received during the period of time from the date of injury until the final administrative determination on the claim has been made. The Agency will work with the employee to determine if leave will be deducted and/or to set up a repayment procedure. An employee may elect to take leave without pay, in lieu of salary continuation, without exhausting accrued leave balances, pending determination of a Workers’ Compensation claim. If an employee elects to utilize his/her sick leave, personal leave, vacation leave or compensatory time balances in lieu of salary continuation pending determination of a Workers’ Compensation claim arising from employment with the State of Ohio, the Employer shall allow the employee to buy back those leave balances within two (2) pay periods after the Workers’ Compensation benefits are received by the employee, or shall allow the employee to choose the automatic restoration of those leave balances through assignment of benefits.. I f an employee’s request for Salary Continuation is denied in its entirety, the employee may appeal the denial through the process detailed in Appendix C, Section V.

Appears in 1 contract

Samples: Agreement

Salary Continuation for Workers’ Compensation Claims. Salary continuation is the uninterrupted payment of a permanent employee’s total rate of pay not to exceed four hundred and eighty (480) hours per Workers’ Compensation claim. An employee who incurs physical injuries or other disabilities in the performance of and arising out of State employment, and is not eligible for OIL, may be eligible for salary continuation. To be eligible, the employee must 1) follow his/her Agency’s accident reporting guidelines, 2) be evaluated by an Approved Physician, as defined in Appendix C, to determine if the injuries have so disabled the employee that the essential functions of his/her position cannot be performed, 3) show that the Employer is currently unable to provide an appropriate transitional work assignment, and 4) apply for Workers’ Compensation benefits within twenty (20) days of the incident. Effective for dates of injury occurring on or after November 1, 2009, an employee will be eligible for salary continuation. The salary continuation will end when (1) the 480 hours is exhausted; (2) the treating physician opines that it is no longer medically necessary for the employee to be off work; (3) the employee’s Workers’ Compensation claim is denied by the Bureau of Workers’ Compensation (BWC); (4) the Industrial Commission (IC) determines that the employee has reached Maximum Medical Improvement; (5) or the employee is disqualified from receiving Workers’ Compensation benefits, whichever occurs first. Salary continuation will end if the employee is no longer in the state service or has been voluntarily or involuntarily disability separated. Salary continuation will end if the employee accepts Workers’ Compensation temporary total disability benefits. Employees who receive OIL benefits are not eligible for salary continuation arising out of the same incident or injury. Any requests for additional allowances to a claim shall be approved by BWC prior to requesting payment of additional salary continuation subject to the 480 total hours limit. No charge will be made to the employee’s accumulation of sick leave during the period the employee receives salary continuation. An employee on salary continuation shall accrue sick leave and personal leave but shall not accrue vacation leave. The employee is not eligible to use leave balances while receiving salary continuation. Additionally, the employee shall not be eligible for any other paid leaves, including holiday pay and those leaves under Articles 14, 15 or 26, while receiving salary continuation. Employees receiving salary continuation are in active pay status. If the employee’s Workers’ Compensation claim is denied by BWC or if the employee is disqualified from receiving Workers’ Compensation benefits, the employee must, after all administrative appeals have been exhausted, either substitute the use of paid sick, vacation, or personal leave, or repay the Employer any salary continuation received during the period of time from the date of injury until the final administrative determination on the claim has been made. The Agency will work with the employee to determine if leave will be deducted and/or to set up a repayment procedure. An employee may elect to take leave without pay, in lieu of salary continuation, without exhausting accrued leave balances, pending determination of a Workers’ Compensation claim. If an employee elects to utilize his/her sick leave, personal leave, vacation leave or compensatory time balances in lieu of salary continuation pending determination of a Workers’ Compensation claim arising from employment with the State of Ohio, the Employer shall allow the employee to buy back those leave balances within two (2) pay periods after the Workers’ Compensation benefits are received by the employee, or shall allow the employee to choose the automatic restoration of those leave balances through assignment of benefits.

Appears in 1 contract

Samples: Agreement

Salary Continuation for Workers’ Compensation Claims. Salary continuation is the uninterrupted payment of a permanent employee’s total rate of pay not to exceed four hundred and eighty (480) hours per Workers’ Compensation claim. An employee who incurs physical injuries or other disabilities in the performance of and arising out of State employment, and is not eligible for Occupational Injury Leave (OIL), may be eligible for salary continuation. To be eligible, the employee must 1) follow his/her Agency’s accident reporting guidelines, 2) be evaluated by an Approved Physician, as defined in Appendix C, to determine if the injuries have so disabled the employee that the essential functions of his/her position cannot be performed, 3) show that the Employer is currently unable to provide an appropriate transitional work assignment, and 4) apply for Workers’ Compensation benefits within twenty (20) days of the incident. Effective for dates of injury occurring on or after November 1, 2009, an employee will be eligible for salary continuation. The salary continuation will end when (1) the 480 four hundred and eighty (480) hours is exhausted; (2) the treating physician opines that it is no longer medically necessary for the employee to be off work; (3) the employee’s Workers’ Compensation claim is denied by the Bureau of Workers’ Compensation (BWC); (4) the Industrial Commission (IC) determines that the employee has reached Maximum Medical Improvement; (5) or the employee is disqualified from receiving Workers’ Compensation benefits, whichever occurs first. Salary continuation will end if the employee is no longer in the state service or has been voluntarily or involuntarily disability separated. Salary continuation will end if the employee accepts Workers’ Compensation temporary total disability benefits. Employees who receive OIL benefits are not eligible for salary continuation arising out of the same incident or injury. Any requests for additional allowances to a claim shall be approved by BWC prior to requesting payment of additional salary continuation subject to the 480 four hundred and eighty (480) total hours limit. No charge will be made to the employee’s accumulation of sick leave during the period the employee receives salary continuation. An employee on salary continuation shall accrue sick leave and personal leave but shall not accrue vacation leave. The employee is not eligible to use leave balances while receiving salary continuation. Additionally, the employee shall not be eligible for any other paid leaves, including holiday pay and those leaves under Articles 14, 15 or 26, while receiving salary continuation. Employees receiving salary continuation are in active pay status. If the employee’s Workers’ Compensation claim is denied by BWC or if the employee is disqualified from receiving Workers’ Compensation benefits, the employee must, after all administrative appeals have been exhausted, 50 either substitute the use of paid sick, vacation, or personal leave, or repay the Employer any salary continuation received during the period of time from the date of injury until the final administrative determination on the claim has been made. The Agency will work with the employee to determine if leave will be deducted and/or to set up a repayment procedure. An employee may elect to take leave without pay, in lieu of salary continuation, without exhausting accrued leave balances, pending determination of a Workers’ Compensation claim. If an employee elects to utilize his/her sick leave, personal leave, vacation leave or compensatory time balances in lieu of salary continuation pending determination of a Workers’ Compensation claim arising from employment with the State of Ohio, the Employer shall allow the employee to buy back those leave balances within two (2) pay periods after the Workers’ Compensation benefits are received by the employee, or shall allow the employee to choose the automatic restoration of those leave balances through assignment of benefits.. If an employee’s request for Salary Continuation is denied in its entirety, the employee may appeal the denial through the process detailed in Appendix C, Section V.

Appears in 1 contract

Samples: The Agreement

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