Common use of Industrial disability Clause in Contracts

Industrial disability. 9.1 Vacation and sick leave shall be accrued and group insurance coverage shall be maintained while a regular employee is absent from work as a result of a job related disability and is receiving Workers' Compensation temporary disability compensation as set forth in Section 4850 of the Labor Code of the State of California for the period of such disability, but not exceeding one (1) year. 9.2 When an employee must take a leave of absence due to an injury suffered or illness contracted as a result of his or her employment duties with the County, the employee will be entitled to draw industrial injury benefits as provided for in the State Labor Code. 9.3 For all benefit levels to which an injured or ill employee is entitled pursuant to provisions of this Article, County paid leave will be coordinated with those benefits, if any, due the employee under the State Labor Code. If there is an interval between the filling of an industrial injury or illness claim and its acceptance or denial by the County or its worker’s compensation administrator, the injured or ill employee will be entitled to draw down accumulated time off, e.g. sick leave, vacation, compensatory time off, or deferred holiday, pending disposition of the claim. Such benefits will be coordinated with those benefits if any due the employee under the State Disability Insurance program. The County and its worker’s compensation administrator, if any, will process the claim to acceptance or denial in good faith and in the most legally expeditious manner as is practicable, keeping the injured or ill employee apprised of the claim’s status. Once a claim has been accepted, the County will calculate the benefits to which the injured or ill employee would have been entitled pursuant to the provisions of this Article and restore the equivalent in accumulated time off to the employee. The restoration of leave balances will be in the following order: vacation then sick leave, then CTO. 9.4 An employee who is injured or ill as a result of county service and who must take an industrial injury leave of absence may choose to draw down accumulated time off as described in this Article. Such benefits will be coordinated with those benefits, if any, due the employee under the Workers Compensation program. 9.5 Following exhaustion of all accumulated paid off time, the county will continue the employee’s insurance benefit program on the normal premium-sharing formula until the injured/ill employee has been placed in a permanent/stationary status or returns to work, whichever comes first. 9.6 Employees opting to coordinate paid time off with the industrial injury payments shall use sick leave prior to using compensatory time off, vacation, or any other form of county-paid time. 9.7 Nothing in this Article will be construed to abridge or be implemented in any manner that is inconsistent with an employee’s rights under the state’s worker’s compensation statues, rules and regulations, nor does an employee’s acceptance of any benefit pursuant to this Article constitute a waiver of any such rights. 9.8 An employee who is absent by reason of industrial disability may be returned to work by the County and given temporary light duties within the employee's ability to perform, with the consent of the employee's physician. The duration of any such period of temporary work shall be determined by the County and in compliance with the Federal and State Disability laws. Such employee shall be compensated at the then current rate of pay of the employee's regular classification while engaged in such temporary duties. The County may require an employee requesting to return to work after an absence caused by disability or illness to submit to a medical examination by the physician or physicians approved by the County for the purpose of determining that such employee is physically and mentally fit and able to perform the duties of the employee's position without hazard to the employee or to the employee's fellow workers. 9.9 Employees receiving non-industrial related injuries or illness, and who file for benefits under the State Disability Insurance Program will be entitled to draw down accumulated time off, e.g. sick leave, vacation, compensatory time off, or deferred holiday until such time that disability claim is accepted. Such benefits will be coordinated with those benefits if any due the employee under the State Disability insurance program. Once a claim has been accepted, the employee may request to continue coordinating benefits in accordance with County practice and choose to restore the equivalent in accumulated time off to the employee. Employees to coordinate paid time off with the State Disability payments shall use sick leave prior to using compensatory time off, vacation, or any other form of county-paid time. The restoration of leave balances will be in the following order: vacation then sick leave, then CTO. Until such time that all accumulated leave has been exhausted, the county will continue the employee’s insurance benefit program on the normal premium-sharing formula. Once employee exhausts all accumulated leave, employee may continue the employee’s insurance benefit program with the employee paying the full premium. 9.10 An employee who is absent by reason of non-industrial disability may be returned to work by the County and given temporary light duties within the employee's ability to perform, with the consent of the employee's physician. The duration of any such period of temporary work shall be determined by the County and in compliance with the Federal and State Disability laws. Such employee shall be compensated at the then current rate of pay of the employee's regular classification while engaged in such temporary duties. The County may require an employee requesting to return to work after an absence caused by disability or illness to submit to a medical examination by the physician or physicians approved by the County for the purpose of determining that such employee is physically and mentally fit and able to perform the duties of the employee's position without hazard to the employee or to the employee's fellow workers. If fitness for duty exam is required by the County, the County will pay expenses associated with required exams. 9.11 Employees who have returned to work from a work place industrial injury or illness shall receive up to four (4) hours of paid release time per visit or appointment with a physician or other healthcare provider prescribed for the injury that provides ongoing medical treatment prescribed by the workers’ compensation physician that is in relation to the industrial illness or injury itself. The release time is permitted until the employee has been deemed permanent and stationary by the workers’ compensation physician or workers’ compensation third party administrator. 9.12 Employees will use their sick time for any hours exceeding the four (4) maximum the employer will pay. If the injury is industrial and occurred during employment with Tehama County the use of sick leave will not affect the employees’ sick leave incentive.