K6 Unit – ART. 30: Work Incurred Injury or Illness

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ARTICLE 30
WORK INCURRED INJURY OR ILLNESS

A. This Article sets forth 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 for such employees when sick leave is exhausted and when employees are still unable to work because of such injury or illness.

1. An employee who is unable to work due to a work-incurred injury or illness compensable under the California Workers’ Compensation Act may be granted leave for the duration of a verified disability. An employee’s placement in a temporary position pursuant to Section H: Light Duty below shall not count against such leave. The leave shall not exceed six (6) months, except that the employee may request an extension of the leave, which shall not be unreasonably denied.

2. Worker’s compensation leave may run concurrently with unpaid FMLA leave and may count toward an employee’s FMLA leave entitlement, provided the reason for the absence is due to a qualifying “serious health condition” as defined in the FMLA.

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. Use of Accrued Sick Leave and Vacation

An employee who accrues sick leave and vacation shall be permitted to use accrued sick leave a n d v a c a t i o n t o s u p p l e m e n t t e m p o r a r y d i s a b i l i t y p a y m e n t s r e c e i v e d u n d e r t h e California Workers’ Compensation Act.

C. 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 the full salary prior to receipt of disability payments shall be deemed an advance temporary disability payment within the Workers’ Compensation Act.

D. An employee who receives advance temporary disability payment shall 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 eighty (80) percent 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 eighty (80) percent of basic salary plus shift differential, shall be supplemented to eighty (80) percent by extended sick leave payments, provided the employee continues to be medically authorized for Workers’ Compensation temporary disability. Total extended sick leave payments shall not exceed twenty-six (26) weeks for any one injury or illness. Effective July 1, 1997, extended sick leave constitutes an advance against disability payments.

2. An eligible employee who does not have sufficient sick leave to cover the three (3) calendar days’ waiting period for receiving Workers’ Compensation payments shall receive extended sick leave payment to cover any part of the waiting period not covered by sick leave. Payment shall be made only after d e t e r m i n a t i o n t h a t t h e i n j u r y o r 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. Supplemental Leave

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

G. Return from Work Incurred Injury or Illness

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. An employee granted a work- incurred injury or illness leave shall provide the University with notice of his or her ability to return to work promptly after learning of the date of return. If a return to work specifies restrictions, the University will, in accordance with applicable law, reasonably accommodate the employees.

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.

3. Light Duty

Pursuant to the provisions of Article 31, Reasonable Accommodation and applicable law, the University may place an employee in a temporary assignment consistent with documented medical restrictions when the employee has experienced work related injuries. Such assignments will be identified in a good faith effort through the interactive process involving the injured employee and the employee’s supervisor. This section shall not be construed as a guarantee of a specific form of accommodation.

4. If any section of this Article conflicts with applicable law, the University will comply with applicable law.