Common use of Disability Payment Clause in Contracts

Disability Payment. In case of work-incapacitating injury or illness for which an employee is or may be eligible for work disability benefit under the Michigan Workers' Compensation law, such employee, with the approval of the Employer, may be allowed salary payment which, with the work disability benefit, equals two-thirds (⅔) of the regular salary or wage. Leave credits may be utilized to the extent of the difference between such payment and the employee's regular salary or wage. An employee shall designate his/her option of leave usage which will be effective with the current claim period. This will take effect the pay period following notification of the change and will not be retroactive. Changes to designation of leave usage or non-usage are permitted. In addition and only in accordance with applicable statutes, an employee who is disabled from employment as a result of assault by a prisoner or patient, or in the course of quelling a prisoner or patient riot, shall be maintained in full pay status, without loss of benefits, for the period of such disability, up to a maximum of 100 weeks. Prior to the expiration of such period, if the employee continues to be disabled, the employee may request an accommodation pursuant to the Federal Americans with Disabilities Act. If such request is made, the Employer will grant a medical leave of absence for the time necessary to process the accommodation request. In the event an accommodation is not granted, the employee may elect one of the following options: 1. Retire, if qualified pursuant to the applicable retirement statute provisions; or 2. Resign, in which case the employee shall receive payment for 100% of any annual leave balance and, if hired before October 1, 1980, receive payment for 50% of any sick leave balance; or 3. Exercise the right to a waived rights leave pursuant to Article 19, Section I. of this Agreement, in which case the employee shall receive a sick leave payoff pursuant to Section D. of this Article, and payment for 100% of any existing annual leave balance. If the employee does not exercise one of the options above, he/she shall be considered as having voluntarily resigned. An employee disabled for 50 weeks or less may be entitled to a medical leave of absence in accordance with Article 19.