ARTICLE 14. Work-Incurred Injury or Illness
The University is committed to meeting its obligation under the state workers’ compensation program to provide medical, rehabilitation, and wage-replacement benefits to employees who sustain work-related injuries or illnesses. An employee who is injured or becomes ill as a result of work performed for the University is entitled to leave without pay for all or part of the period during which the employee receives temporary disability payments under the California Workers’ Compensation Act. This article defines the application of accrued sick leave and vacation leave 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 accrued sick leave is exhausted and when employees are still unable to work because of such injury or illness.
B. Use of Accrued Sick Leave and Vacation
In order to continue full salary, accrued sick and vacation leave may be used to supplement temporary disability payments received under the California Workers’ Compensation Act. Before an employee begins receiving temporary disability, an employee may use sick leave and/or vacation leave (or PTO) accruals in order to be compensated during leave. Those deductions from the employee’s leave accruals will be deemed an advance temporary disability payment under the California Workers’ Compensation Act. An employee who has received such an advance temporary disability payment will reimburse the University for such payment after the employee receives temporary disability payment for that earlier period. The University will use the employee’s reimbursement to restore the employee’s sick leave and/or vacation leave (or PTO) accruals accordingly.
C. Extended Sick Leave
Extended Sick Leave is provided to an eligible employee who has exhausted their accrued sick leave and is unable to work due to a work-incurred injury or illness. An employee who has exhausted accrued sick leave may be eligible for extended paid sick leave of up to 26 weeks for any single work-related injury or illness. Extended sick leave payments constitute an advance against permanent disability payments.
For any one injury or illness, if the employee has exhausted accrued sick leave, remains disabled, and continues to receive temporary disability payments, the employee shall receive extended sick leave payments in an amount equal to the difference between the temporary disability payments and 80 percent of the employee’s basic salary plus any shift differential which the employee would have received. An employee who returns to work part-time but continues to receive temporary disability payments is eligible for continued extended sick leave payments if the employee’s earnings plus temporary disability payments continue to total less than 80 percent of basic salary, plus shift differential. Total extended sick leave payments shall not exceed 26 weeks for any one injury or illness.
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 payment 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.
Extended sick leave constitutes an advance against permanent disability payments. After extended sick leave has been exhausted an employee may request a leave without pay.
D. Accrual of Sick Leave and Vacation
An employee on leave without pay and receiving temporary disability payments under the California Workers Compensation Act 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.
E. Family and Medical Leave
An employee who is receiving supplemental leave and/or extended sick leave as described in Sections A and B shall have that time counted against the 12-workweek entitlement to family and medical leave, provided that the employee is entitled to leave pursuant to Article 16.D, Family and Medical Leave. When appropriate, the University will designate absences due to occupational injury or illness as FML. Leave for a work-related injury or illness may run concurrently with other types of leaves, such as FML.