CX Unit – ART. 47: Work-Incurred Injury or Illness

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ARTICLE 47
WORK – INCURRED INJURY OR ILLNESS

A. GENERAL PROVISIONS

This Article defines the application of sick leave and vacation for employees who are unable to work due to a work – incurred injury or illness compensable under the California Workers’ Compensation Act, and provides extended sick leave benefits for such employees when sick leave is exhausted and employees are still unable to work because of such injury or illness.

1. An employee unable to perform the normal duties of his or her job due to a work – incurred illness or injury compensable under the California Workers’ Compensation Act shall be granted leave for the duration of a verified disability but not to exceed six months or a predetermined date of separation, whichever comes earlier. The employee may request, in writing, an extension of the leave up to six months according to Article 14 – Leaves of Absence, Section D.

2. Work – Incurred Injury or Illness Leave runs concurrently with Family Medical Leave.

3. An approved leave of absence for work – incurred illnesses or injuries shall not be considered a break in service.

4. Employees who are unable to work due to a work – incurred injury or illness compensable under the California Workers’ Compensation Act are eligible to use accrued sick leave and vacation as provided below. When sick leave is exhausted and when employees are still unable to work because of such illness or injury, employees may use extended sick leave or leave without pay as provided below.

5. An employee shall notify his or her supervisor of the need for leave for a work – incurred injury or illness, or any extension of such leave, as soon as practicable after the need for such leave or extension is known. This notification shall include written medical certification of the need for such leave or extension, and the anticipated return to work date.

B. EXTENSIONS OF WORK – INCURRED INJURY OR ILLNESS LEAVE

In the event an employee requires an extension to his or her work – incurred injury or illness leave, the employee shall provide the University with a statement from his or her licensed health care practitioner of the need for the extension and the anticipated return to work date.

1. Such a statement must be provided 10 calendar days prior to the date the employee was previously scheduled to return to work.

2. In the event prior notice is not provided, the University will not pay extended sick leave to the employee for the period between the previously scheduled return date and the date the statement is received.

C. RETURN FROM WORK – INCURRED INJURY OR ILLNESS LEAVE

1. Prior to returning to work, an employee granted a work – incurred injury or illness leave must provide the University with a statement from his or her licensed health care practitioner of the employee’s ability to return to work. When possible, an employee granted a work – incurred injury or illness leave must provide the University with 10 calendar days notice of his or her ability to return to work. If a return to work specifies restrictions, the University will consider what accommodation, if any, will reasonably be made.

2. If the position held has been abolished during the leave, the employee shall be afforded the same considerations which would have been afforded had that employee been on pay status when the position was abolished.

D. SUPPLEMENTAL SICK LEAVE AND VACATION

1. An employee who accrues sick leave and vacation shall be permitted to use accrued sick leave and vacation to supplement temporary disability payments received under the California Workers’ Compensation Act.

2. Sick leave and vacation payments shall be the difference between the amount payable to the employee under the Workers’ Compensation Act and the employee’s regular salary. The additional payment made to an employee to provide the employee with full salary prior to receipt of disability payments shall be deemed an advance temporary disability payment within the Workers’ Compensation Act.

3. An employee who receives advance temporary disability payment sh all reimburse the University for such payment. The reimbursement is used to restore proportionate sick leave and vacation credit as appropriate.

E. EXTENDED SICK LEAVE

1. An employee who is receiving temporary disability payments and who has exhausted all accrued sick leave shall receive extended sick leave payments from the University in an amount equal to the difference between the payments from Workers’ Compensation and 80% of the basic salary plus any shift differential which the employee would have received. If such an employee returns to part – time University duties, the earnings plus any temporary disability payments, if less than 80% of basic salary plus shift differential, shall be supplemented to 80% by extended sick leave payments, provided the employee continues to be medically authorized for Worker’s Compensation temporary disability. Total extended sick leave payments shall not exceed 26 weeks for any one injury or illness.

2. An eligible employee who does not have sufficient accrued sick leave to cover the three calendar days’ waiting period for receiving Workers’ Compensation payments shall receive extended sick leave payments to cover any part of the waiting period not covered by sick leave. Payment shall be made only after determination that the injury or illness is compensable under Workers’ Compensation.

3. An employee who elects not to use all sick leave is not eligible for extended sick leave benefits.

F. EFFECT ON PAY STATUS

1. Supplemental Leave

An employee who is receiving temporary disability payments and supplemental sick leave or vacation as described in Section D. above is considered on regular pay status for purposes of application of provisions of this Agreement, except completion of the probationary period. Sick leave and vacation accrued during this period may be used as soon as they accrue.

2. Extended Sick Leave

a. An employee who is receiving temporary disability payments and extended sick leave benefits as described in Section E. above is considered to be on regular pay status for purposes of application of provisions of this Agreement, except completion of the probationary period.

b. Sick leave and vacation accrued during this period is credited to the employee only upon return to work. However, if an employee separates without returning t o work, the employee shall be paid for vacation accrued during the period the employee received extended sick leave payment.

3. Leave Without Pay

An employee on leave without pay and receiving temporary disability payments accrues sick leave and vacation on the same basis as if regularly employed, but such accrual is credited to the employee only upon return to work. If an employee separates without returning to work, no payment shall be made for such vacation credit.

G. SEPARATION

An employee shall not use vacation, sick leave, or extended sick leave to supplement Workers’ Compensation payments beyond a predetermined date of separation or leave without pay. Any vacation credit remaining on the date of separation shall be paid on a lump – sum basis.

H. LIGHT DUTY

Subject to operational considerations and budgetary constraints, the University may, on a case – by – case basis, place an employee in a temporary assignment consistent with documented medical restrictions when the employee has experienced work related injuries. This section shall not be construed as a guarantee of a specific form of accommodation nor shall accommodation in one case establish a precedent for similar or dissimilar circumstances.