ARTICLE 19 – 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. In order to be treated by their own doctors, employees must file a written “Designation of Treating Physician” with their department prior to any illness or injury occurring. If any state laws applicable to the University and relating to the subject matter of this Article are more generous to employees that currently provided for in this Article, the University will comply with the law.
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.
- 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.
- 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.
- A non-probationary employee who is receiving temporary disability payments for work incurred injury or illness and supplemental sick leave or vacation as described in Sections B 1. through 3. above, is considered on regular pay status. Sick leave and vacation accrued during this period may be used as soon as they accrue.
- A probationary employee who is receiving temporary disability payments for work incurred injury or illness and supplemental sick leave or vacation as described in Sections B1. through 3. above, is considered not on regular pay status, and their probationary period may be extended. Sick leave and vacation accrued during this period may be used as soon as they accrue.
C. Extended Sick Leave
- An employee who remains disabled and who continues to receive 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. Extended sick leave constitutes an advance against permanent disability payments.
- 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.
- 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 are 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.
D. Leave Without Pay
An employee on leave without pay and receiving temporary disability payments for work incurred injury or illness, accrues sick leave and vacation on the same basis as if regularly employed. Such accrued sick leave shall only be credited to the employee upon return to work. Vacation leave accrued while the employee was receiving temporary disability payments shall be credited to the employee if the employee returns to work. If an employee separates without returning to work, payment shall be made for the accrued vacation credit.
E. Family and Medical Leave
An employee who is receiving supplemental leave (sick leave and/or vacation) and/or extended sick leave as described in Sections B. and C. above, shall have that time counted towards the 12- workweek entitlement to family and medical leave, provided that the employee is entitled to leave pursuant to Article 22 – Leaves of Absence without Pay.
F. Right to Representation
While on medical leave, an employee has a right to union representation in accordance with the provisions of this Agreement.
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.