ARTICLE 16 – 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 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.
B. Use of Accrued Sick Leave and Vacation
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 and consistent with applicable law as referenced under Article 43, Reasonable Accommodation.
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
- 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 percent (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 eighty percent (80%) of basic salary plus shift differential, shall be supplemented to eighty percent (80%) 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.
- An eligible employee who does not have sufficient accrued 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 determination that the injury or illness is compensable under Workers’ Compensation.
- 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 paragraphs B through 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. Extended Sick Leave
An employee who is receiving temporary disability payments and extended sick leave benefits is considered to be on regular pay status, except for completion of the probationary period. However, sick leave and vacation accrued during this period is credited to the employee only upon return to work. If an employee separates without returning to work, the employee shall be paid for vacation for the period the employee received extended leave payment.
H. 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.
I. Family Care and Medical Leave
An employee who is receiving supplemental leave and/or extended sick leave as described above in Sections E – F shall have that time counted against the twelve (12) workweek entitlement to Family Care and Medical Leave provided that the employee is entitled to leave pursuant to Article 18, Section D – Family Care and Medical Leave.
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.