Attachment B to Policy Bulletin No. 1992-01

Section 21.8 Workers' Compensation Leave

[Go to Part 1 of Policy Bulletin No. 92-01, pp. 1 - 11]

[Go to Part 2 of Policy Bulletin No. 92-01, pp. 12 - 20]

[Go to Attachment A for Policy Bulletin No. 92-01]

Attachment B - Summary of Workers' Compensation Program Provisions

Subject	Leave Program	Supplemental Pay Program	Statutory Benefit Program
Applicability	All employees covered by the Attendance Rules are eligible. Applies to any injury or illness arising from an incident that occurred prior to April 1. 1996, regardless the date of absence for ASU, ISU, OSU, PS&T and RRSU. Applies to Security Services and Security Supervisors regardless or date or incident.	Applies to employees covered by the Attendance Rules whose injury or illness arose from an incident that occurred on or after April 1, 1986. Applies to ASU, ISU, OSU, and RRSU.	Applies to employees covered by the Attendance Rules whose injury or illness arose from an incident that occurred on or after July 1, 1992. Applies to ISU, OSU, ASU, and RRSU.
Section 71	Employee may be terminated after one cumulative year or absence due to occupational injury or disease, subject to certain reinstatement rights upon recovery in accordance with Rule 5.9	No change.	No change.
Waiting Period	There is an annual ten-workday waiting period which may be waived upon request is suspended if employee is absent for at least 20 consecutive workdays or hospitalized within first ten consecutive days of absence in calendar year. (No waiting period in Security Services and Security Supervisors Units.)	One waiting period per injury or disease. 1-7 calendar days of absence-no wage benefit payable 8-14 calendar days - wage benefit payable beginning day 8. 15 calendar days or more - wage benefit retroactive to day one.	Same as Supplemental Pay Program
Advancing Leave"	Agencies must advance sick leave to cover ten-workday waiting period to employees who have no leave accruals unless employee requests otherwise. Credits so advanced are repaid from future accruals.	If there is evidence of compensability confirmed by the SIF, agency must place employees who have no leave accruals on advanced leave until SIF begins making payments Advanced leaveis repaid by continuing employee on award and supplement following return to work for a period equal to the period of advanced leave.	There is no advancement of leave credits under the Statutory Program.
Compensation Benefit Rate	Employee continues to receive full salary while on six months paid workers' compensation leave without charge to credits and subsequently while charging credits. This is followed by sick leave at half-pay for which employee may be eligible and by LWOP	Employee receives normal full salary while charging leave credits or while on advanced leave before SIF payments begin. When SIF payment begins, employee receives net pay (gross minus income taxes and FICA) comprised or SIF wage benefit and supplemental payment while on nine-month paid benefit. After nine-month benefit. Employee receives normal full salary while charging leave credits followed by sick leave at half-pay for which employee may be eligible and LWOP.	Employees may charge the Initial waiting period to leave credits. After the Initial waiting period, the employee Is on LWOP receiving the statutory wage replacement from SIF. The employee does not receive any portion of his/her State salary. Partial day absences after return to work may also be charged to leave credits.
Duration	Entitled to one year of leave of which the first six months are workers' compensation leave with full pay without charge to leave credits. The remaining six months are charged to accruals, sick leave at half-pay or LWOP.	Entitled to one year of leave of which nine months consist of net pay benefit (workers' compensation wage award plus supplement)The remaining three months are charged to accruals, sick leave at half-pay or LWOP.	Employee entitled to up to one cumulative year of Leave.
Status	Employees on leave with pay without charge to credits are in full pay status for Civil Service Rules and Regulations	Employees on the supplemental pay system are treated as though they are in full pay status for Civil Service Rules and Regulations.	Employees on disability leave without pay under the statutory program are treated as though in full pay status for Civil Service Rules and Regulations.
Leave Credits
Earning Leave Credits	Employee earns normal biweekly leave accruals while on workers' compensation leave without charge to credits and while charging leave accruals	Employee earns normal biweekly leave accruals while charging leave accruals while on advanced leave and while on the supplemental pay system	Employee earns normal biweekly leave accruals while on workers' compensation disability leave without pay and receiving the SIF wage replacement.
Use of Leave Credits	Leave credits may be used to cover ten-day waiting period if not waived or automatically suspended.	Leave credits may be used to cover 7 calendar day statutory waiting period and the period of absence until SIF begins making payments.	Leave credits may be used to cover the seven calendar day waiting period. Leave credits may be used for partial day absences, after return to duty, which my be required for treatment related to the disability. Credits may not be used for full day absences related to the disability.
	Leave Credits may be used prior to (or at any time during) the six-month workers' compensation leave upon employee request	Leave credits may be used prior to the nine-month supplemental pay benefits upon employee request.
	Leave credits may be used following six months of workers' compensation leave at full-paywithout charge to leave credits.	Leave credits may be used following nine months or supplemental pay benefits
Restoration of Leave Credits	Applies only to credits used following six months of paid workers' compensation leave (or used earlier at employee option). Leave credits restored cannot be used for absences due to same illness or injury.	Applies only to credits used following nine months of award and supplement (or used prior to wage benefit at employee option). Leave credits restored cannot be used for absences due to same illness or Injury.	Credits used during the initial waiting period will be restored on a prorated basis. Leave credits restored cannot be used for absences due to same illness or injury.
Restoration of Leave Credits	Employees may exceed vacation and sick leave maximums for one year following restoration or credits or return to payroll, whichever occurs later.	No change	No change
Holidays	Employees observe holidays while charging leave accruals but not during the six months' leave with pay without charge to credits.	Employees observe holidays while on advanced leave, while charging leave accruals and when on the supplemental payment system following return to work but not while absent due to injury on the supplemental payment system.	Employees observe holidays while charging credits during initial waiting period but do not observe while on workers' compensation disability leave without pay receiving SIF wage replacement
Other leaves: Example Jury, Civil Service Exams, Military	An employee disabled by in on-the-job-injury remains on workers' compensation leave even though able to perform other activities	There is no change under the plan. Employees continue on the workers' compensation benefits as long as they are disabled	There is no change under the plan. Employees remain on workers' compensation disability leave without pay while disabled even though able to perform other activities.
Controverted or Contested claims	An employee is ineligible for workers' compensation leave if agency determines that injury is not job related or that employee is not or is no longer disabled. Agency cannot grant workers' compensation leave if SIP controverts claim until such controversion is resolved.	An employee is ineligible for supplemental payments if SIP controverts the claim on grounds that injury is not job related or that employee is not disabled.	An employee is ineligible for SIP wage replacement if the SIP controverts the claim. If the controversion is based on the grounds that the injury is not job related but medical evidence supports a disability, the employee may be able to charge leave accruals. If the grounds for controversion are that the employee Is not disabled, the employee will be on unauthorized LWOP. If the contest or controvervion is resolved in favor of the employee by WCB, SIP must begin making payments and employee will be placed on workers' compensation disability leave without pay.
Controverted or Contested claims	If contest or controversion is resolved Inemployees ravor by Workers'Compensation Board, agency maycontinue to withhold workers' compensation leave for reasons other than controversion, or which agency advised employee In writing.	If contest or controversion is resolved in favor of employee by Workers' Compensation Board, SIP must begin making payments and employee becomes eligible for these workers' compensation benefits, including supplemental pay benefits.
Medical Exams	Decision to grant workers ' compensation leave based on employee's doctor's statement and/or EHS or SIP medical	Decision on eligibility for workers' compensation benefits made by SIP or WCB.	Same as Supplemental Pay Program
Medical Exams	Return to work decision made by agency based on employee submitted documentation or EHS physical or SIF physical.	Return to work decision made by agency based on employee submitted documentation, Workers' Compensation Board awards. EHS physical or SIP documentation.	Same as Supplemental Pay Program
Medical Documentation	Obtained from employee's physician and EHS or SIF physician	Obtained from employee's physician and EHS or SIF physician	Same as Supplemental Pay Program
Limited / Light Duty	On a case-by-case basis at agency discretion.	No change.	Alternate duty for a maximum of 45 days is mandatory upon request for employees who meet medical criteria, Including a classification of partial disability of 50% or less and a prognosis of full recovery within 45 calendar days.
Payroll Matters	Employee remains on regular payroll receiving full salary.	Employee placed on supplemental payment system. Salary adjustments may be made while employee is on supplemental payment systm
Record Keeping	Source documents include agency accident report forms, regular payroll and time records.	Additional source documents include supplemental payment records and SIF records.	Source documents include agency accident report forms, regular payroll and time records and SIF records.

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