KM Unit – ART. 19: Work-Incurred Injury or Illness

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 

  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 the 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 shall reimburse the University for such payment. The  reimbursement is used to restore proportionate sick leave and  vacation credit as appropriate.

  4. 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.

  5. 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 

  1. 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.

  2. 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.

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

  4. 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.

Share
Share on facebook
Share on twitter
Share on email