Common use of Workers' Compensation Leave Clause in Contracts

Workers' Compensation Leave. After completion of the twelve (12) week family and medical leave requested because of a serious health condition that made the employee unable to perform the functions of their job, a supplemental worker's compensation leave of absence for the remainder of the school year will be granted to employees who are unable to continue to work for the Employer because of a work related injury or disease for which the employee is entitled to receive benefits under the Worker's Compensation laws of the State of Michigan and is receiving payments from the Employer, subject to the Employer's right to require medical proof. At the completion of the initial period of the leave, the Employer shall grant an extension of the leave for up to an additional twelve (12) months if the employee can present evidence from their treating physician that there is a substantial likelihood that the employee will be able to return to work during the period of extended leave. An employee whose leave ends prior to their being able to return to work will be considered to be on layoff with rights to return in accordance with the recall procedure. The Employer may require at reasonable times, as a condition of continuance of a worker's compensation leave of absence, proof of a continuing inability to perform work for the Employer. Employees who incur a work-related injury or disease for which they are receiving worker's compensation benefits may utilize accrued paid sick leave days, charged to the employee's sick leave account on a pro rata basis, to maintain the difference between the employee's net take-home pay based upon their regular salary and the worker's compensation benefits received. It is agreed between the parties that this use of paid sick leave is not a wage continuation program as that term is utilized in the Worker's Compensation Act. In the event that this use is claimed to be a wage continuation program by the Board's worker's compensation carrier, the parties agree to renegotiate this subsection. As a condition of receipt of such supplemental payments, the employee agrees to reimburse the Employer for any duplicate amounts received in instances where paid sick leave is utilized and worker's compensation later provides payment for the same days.

Workers' Compensation Leave. After completion of the twelve (12) week family and medical leave requested because of a serious health condition that made the employee unable to perform the functions of their job, a supplemental worker's ’s compensation leave of absence for the remainder of the school year will be granted to employees who are unable to continue to work for the Employer because of a work related injury or disease for which the employee is entitled to receive benefits under the Worker's ’s Compensation laws of the State of Michigan and is receiving payments from the Employer, subject to the Employer's ’s right to require medical proof. At the completion of the initial period of the leave, the Employer shall may grant an extension of the leave for up to an additional twelve (12) months if the employee can present evidence from their treating physician that there is a substantial likelihood that the employee will be able to return to work during the period of extended leave. An employee whose leave ends prior to their being able to return to work will be considered to be on layoff with rights to return in accordance with the recall procedure. The Employer may require at reasonable timesany time, as a condition of continuance of a worker's ’s compensation leave of absence, proof of a continuing inability to perform work for the Employer. Employees who incur a work-related injury or disease for which they are receiving worker's ’s compensation benefits may utilize accrued paid sick leave days, charged to the employee's ’s sick leave account on a pro rata basis, to maintain the difference between the employee's ’s net take-home pay based upon their regular salary and the worker's ’s compensation benefits received. It is agreed between the parties that this use of paid sick leave is not a wage continuation program as that term is utilized in the Worker's ’s Compensation Act. In the event that this use is claimed to be a wage continuation program by the Board's ’s worker's ’s compensation carrier, the parties agree to renegotiate this subsection. As a condition of receipt of such supplemental payments, the employee agrees to reimburse the Employer for any duplicate amounts received in instances where paid sick leave is utilized and worker's ’s compensation later provides payment for the same days.

Workers' Compensation Leave. After completion of the twelve (12) week family and medical An employee awarded a Workers' Compensation grant shall be granted a compensable disability leave requested because with compensation made up of a serious health condition that made tax-free Workplace Safety Insurance Board award, and a taxable top-up grant for the duration of Workers’ Compensation Disability benefits. The top-up grant will ensure an employee's net pay is maintained. If the employee is awarded a Future Economic Loss (FEL) award and is unable to perform the functions essential duties of their any available job, a supplemental worker's compensation the leave of absence and top-up grant will be extended for the remainder first 24 months of the school year will be granted to employees who are unable to continue to work for the Employer because of a work related injury or disease for which the FEL award. If an employee is entitled to receive benefits under the Worker's Compensation laws of the State of Michigan and is receiving payments from the Employer, subject to the Employer's right to require medical proof. At the completion of the initial period of the leave, the Employer shall grant an extension of the leave for up to an additional twelve (12) months if the employee can present evidence from their treating physician that there is a substantial likelihood that the employee will be able unable to return to work during the first two years of a FEL award, an application for LTD should be submitted. The qualifying period of extended leave. An employee whose leave ends prior to their being able to return to work is waived in these cases, and LTD benefits will be considered to be on layoff with rights to return in accordance with payable at the recall procedureexpiry of the first FEL for a qualifying employee. The Employer may require at reasonable times, as Pending a condition decision of continuance the Workplace Safety Insurance Board regarding the legitimacy of a worker's compensation leave of absence, proof of a continuing inability to perform work for claim the Employeremployee will receive sick leave. Employees who incur a work-related injury or disease for which they are receiving worker's compensation Workers' Compensation benefits may utilize accrued paid for claims or injuries suffered while in the employ of an Employer other than ▇▇▇▇▇ Power are required to notify ▇▇▇▇▇ Power of being in receipt of those benefits in order to qualify for the top up grant. These employees will not be eligible for sick leave dayswhile receiving Workers' Compensation benefits for the top-up grant. The top-up grant for compensable disability leave will be withheld if the employee refuses a medically suitable position that she/he is capable of performing, charged pursuant to the employee's sick leave account on a pro rata basis, provisions of Article 45 (“Rehabilitation and Re-Employment”) of the Collective Agreement. The grant may also be withheld where an employee is subject to maintain appropriate discipline or discharge for cause pursuant to Article 17 (“Discipline and Discharge”). Authority for withholding the difference between the employee's net take-home pay based upon their regular salary and the worker's compensation benefits received. It supplementary grant is agreed between the parties that this use of paid sick leave is not a wage continuation program as that term is utilized vested in the Worker's Compensation Act. In the event that this use is claimed to be a wage continuation program by the Board's worker's compensation carrier, the parties agree to renegotiate this subsection. As a condition of receipt of such supplemental payments, the employee agrees to reimburse the Employer for any duplicate amounts received in instances where paid sick leave is utilized and worker's compensation later provides payment for the same daysDirectors.

Workers' Compensation Leave. After completion Whenever an employee, who has successfully completed the initial probationary period, is absent from work as a result of personal injury occurring in the twelve (12) week family course of his/her employment, he/she will be paid his/her full salary for a compensable injury for a period not to exceed 90 duty days and medical leave requested because with no loss of fringe benefits, and no part of such absence will be charged to his/her accumulated personal, annual, or sick leave. If an employee aggravates an injury for which he/she has received compensation, and a serious health condition that made temporary award is reinstated, this is not a new claim for compensation, and the employee unable is under the initial ninety (90) day period. Any Worker's Compensation payment made for temporary disability due to perform said injury and applicable to the functions aforementioned ninety (90) duty day period shall be endorsed over to the Board. If the employee is continued on temporary total disability from Worker's Compensation beyond the ninety (90) duty day period, these options shall be available to him/her: a. The employee may elect to use his/her earned leave to continue receiving the full regular salary and the temporary disability payments shall be endorsed over to the Board. b. The employee may elect to receive only Worker's Compensation benefits and not use any of his/her earned leave. The employee is placed on a non-compensatory leave of absence once they elect to either receive Worker’s Compensation checks or the employee has exhausted their job, own accrued leave. The employee can remain on a supplemental worker's compensation non-compensatory leave of absence for the remainder of the school year will be granted to employees who are unable to continue to work for the Employer because of a work related injury or disease for which the employee is entitled to receive benefits under the Worker's Compensation laws of the State of Michigan and is receiving payments from the Employer, subject to the Employer's right to require medical proof. At the completion of the initial period of the leave, the Employer shall grant an extension of the leave for up to an additional twelve two (122) months if the employee can present evidence from their treating physician that there is years. While on a substantial likelihood that non-compensatory leave of absence, the employee will not receive salary payments. Any Worker’s Compensation payment for temporary disability due to the injury may be able retained by the employee. During the ninety (90) duty day period, during the use of the employee’s own leave and during the non-compensatory leave of absence (up to return two (2) years), the Board agrees to work continue paying its share of medical insurance premium during the period of extended leave. An employee whose leave ends prior to their being able to return to work will be considered to be on layoff with rights to return in accordance with the recall procedure. The Employer may require at reasonable times, as a condition of continuance of a worker's compensation leave of absence, proof of a continuing inability to perform work for the Employerdisability. Employees who incur have not completed the initial probationary period may use sick days for any days not reimbursed by ▇▇▇▇▇▇’s Compensation for a work-related personal injury or disease for which they are receiving worker's compensation benefits may utilize accrued paid sick leave days, charged occurring in the course of his/her employment. Any payment issued by Worker’s Compensation will be directed to the employee's sick leave account employee for any days the employee was not otherwise fully paid. The employee shall remain on Worker’s Compensation status for a pro rata basis, to maintain maximum of ninety (90) duty days. At the difference between end of the employee's net take-home pay based upon their regular salary and the worker's compensation benefits received. It is agreed between the parties that this use of paid sick leave is not a wage continuation program as that term is utilized in the Worker's Compensation Act. In the event that this use is claimed to be a wage continuation program by the Board's worker's compensation carrier, the parties agree to renegotiate this subsection. As a condition of receipt of such supplemental payments90th duty day, the employee agrees is placed on a non-compensatory leave of absence [up to reimburse the Employer for any duplicate amounts received in instances where paid sick leave is utilized and worker's compensation later provides payment for the same daystwo (2) years].

Workers' Compensation Leave. After completion Whenever an employee, who has successfully completed the initial probationary period, is absent from work as a result of personal injury occurring in the twelve (12) week family course of his/her employment, he/she will be paid his/her full salary for a compensable injury for a period not to exceed 90 duty days and medical leave requested because with no loss of fringe benefits, and no part of such absence will be charged to his/her accumulated personal, annual, or sick leave. If an employee aggravates an injury for which he/she has received compensation, and a serious health condition that made temporary award is reinstated, this is not a new claim for compensation, and the employee unable is under the initial ninety (90) day period. Any Worker's Compensation payment made for temporary disability due to perform said injury and applicable to the functions aforementioned ninety (90) duty day period shall be endorsed over to the Board. If the employee is continued on temporary total disability from Worker's Compensation beyond the ninety (90) duty day period, these options shall be available to him/her: a. The employee may elect to use his/her earned leave to continue receiving the full regular salary and the temporary disability payments shall be endorsed over to the Board. b. The employee may elect to receive only Worker's Compensation benefits and not use any of his/her earned leave. The employee is placed on a non-compensatory leave of absence once they elect to either receive Worker’s Compensation checks or the employee has exhausted their job, own accrued leave. The employee can remain on a supplemental worker's compensation non-compensatory leave of absence for the remainder of the school year will be granted to employees who are unable to continue to work for the Employer because of a work related injury or disease for which the employee is entitled to receive benefits under the Worker's Compensation laws of the State of Michigan and is receiving payments from the Employer, subject to the Employer's right to require medical proof. At the completion of the initial period of the leave, the Employer shall grant an extension of the leave for up to an additional twelve two (122) months if the employee can present evidence from their treating physician that there is years. While on a substantial likelihood that non-compensatory leave of absence, the employee will not receive salary payments. Any Worker’s Compensation payment for temporary disability due to the injury may be able retained by the employee. During the ninety (90) duty day period, during the use of the employee’s own leave and during the non-compensatory leave of absence (up to return two (2) years), the Board agrees to work continue paying its share of medical insurance premium during the period of extended leave. An employee whose leave ends prior to their being able to return to work will be considered to be on layoff with rights to return in accordance with the recall procedure. The Employer may require at reasonable times, as a condition of continuance of a worker's compensation leave of absence, proof of a continuing inability to perform work for the Employerdisability. Employees who incur have not completed the initial probationary period may use sick days for any days not reimbursed by Worker’s Compensation for a work-related personal injury or disease for which they are receiving worker's compensation benefits may utilize accrued paid sick leave days, charged occurring in the course of his/her employment. Any payment issued by Worker’s Compensation will be directed to the employee's sick leave account employee for any days the employee was not otherwise fully paid. The employee shall remain on Worker’s Compensation status for a pro rata basis, to maintain maximum of ninety (90) duty days. At the difference between end of the employee's net take-home pay based upon their regular salary and the worker's compensation benefits received. It is agreed between the parties that this use of paid sick leave is not a wage continuation program as that term is utilized in the Worker's Compensation Act. In the event that this use is claimed to be a wage continuation program by the Board's worker's compensation carrier, the parties agree to renegotiate this subsection. As a condition of receipt of such supplemental payments90th duty day, the employee agrees is placed on a non-compensatory leave of absence [up to reimburse the Employer for any duplicate amounts received in instances where paid sick leave is utilized and worker's compensation later provides payment for the same daystwo (2) years].

Workers' Compensation Leave. After completion of Employees are entitled to only those Worker’s Compensation benefits specified under state law. Employees shall be required to make an irrevocable decision, in writing, to supplement or not supplement their worker’s compensation benefits with accrued sick leave, if available, and then accrued vacation, if available, until the twelve employee’s accrued leave (12sick leave and/or vacation leave) week family and medical leave requested because of a serious health condition that made has been exhausted. If the employee unable elects to perform supplement his/her worker’s compensation benefits, once the functions of their jobaccrued sick leave and vacation have been exhausted, a supplemental worker's compensation leave of absence for the remainder of the school year will be granted to employees who are unable to continue to work for the Employer because of a work related injury or disease for which the employee is shall only be entitled to receive the Worker’s Compensation benefits specified by State law. If the employee elects not to supplement his/her worker’s compensation benefits, he/she shall only be entitled to receive the Worker’s Compensation benefits specified by State law. An employee who is out on worker’s compensation leave shall also be placed on leave under the Family and Medical Leave Act (FMLA) if he/she qualifies for FMLA leave. Leave under the FMLA cannot exceed 12 weeks. Worker's ’s Compensation laws leave and leave under the FMLA shall run concurrently. Payment of Worker’s Compensation benefits only (i.e., not being supplemented with accrued sick or vacation hours) does not qualify as being in paid status, since Worker’s Compensation benefits are not paid through the State of Michigan and is receiving payments from City’s payroll system. Therefore, if the Employeremployee exhausts his/her accrued leave and, subject to the Employer's right to require medical proof. At the completion of the initial period of the if eligible for FMLA leave, has exhausted his/her FMLA leave, the Employer employee shall grant an extension of the leave for up to an additional twelve (12) months if the employee can present evidence from their treating physician that there is a substantial likelihood that the employee will be able to return to work during the period of extended leave. An employee whose leave ends prior to their being able to return to work will thereafter be considered to be on layoff with rights to return in accordance with unpaid leave. Once the recall procedure. The Employer may require at reasonable times, as a condition of continuance of a worker's compensation employee has been on unpaid leave of absence, proof of a continuing inability to perform work for the Employer. Employees who incur a work-related injury or disease for which they are receiving worker's compensation benefits may utilize accrued paid sick leave 30 calendar days, charged to the employee's sick leave account on a pro rata basis, to maintain the difference between the employee's net take-home pay based upon their regular salary and the worker's compensation benefits received. It is agreed between the parties that this use of paid sick leave is not a wage continuation program as that term is utilized in the Worker's Compensation Act. In the event that this use is claimed to he/she will be a wage continuation program by the Board's worker's compensation carrier, the parties agree to renegotiate this subsection. As a condition of receipt of such supplemental payments, the employee agrees required to reimburse the Employer for any duplicate amounts received in instances where paid sick leave is utilized and worker's compensation later provides payment City for the same dayscost of his/her medical insurance, dental insurance, and vision insurance premiums if the employee wishes to have coverage under those plans continued. An employee who schedules a doctor’s appointment required as a result of his/her worker’s compensation claim shall only be paid temporary disability, as specified by the state Worker’s Compensation regulations, for his/her regularly scheduled work day.

Workers' Compensation Leave. After completion of the twelve (12) week family and medical leave requested An employee who is absent because of a serious health condition work-related illness or injury disability that made the employee unable to perform the functions of their job, a supplemental worker's compensation leave of absence for the remainder of the school year will be granted to employees who are unable to continue to work for the Employer because of a work related injury or disease for which the employee is entitled to receive benefits compensable under the Worker's Compensation laws Act will be paid as follows: a. If the absence is for eight (8) calendar days or less, the Board shall pay the employee his/her regular wages, not chargeable to the employee's accumulated sick leave bank. b. If the absence is for eight (8) calendar days or more and the employee is eligible to receive Worker's Compensation payments, the Board shall pay the difference between the amount paid or payable by the Worker's Compensation carrier and the employee's regular wages, chargeable to the employee's accumulated sick leave days pro rata. The combined payments received by the employee shall not exceed the employee's regular wages or the accumulated sick leave days including loans, if any, from the WBEA sick leave bank. If the employee exhausts his/her sick leave days but is continuing to receive payment from the Worker's Compensation carrier, the employee's insurance shall be held intact. At such time the employee returns to work, his/her accumulated leave and the paid bank leave, if any, shall be restored to a level equal to that at the onset of the State approved Worker's Compensation claim. c. All absences must be verified by a doctor's statement before any payments will commence. The doctor's statement must specify the diagnosis, treatment recommended, and the length of Michigan and is receiving payments from the Employer, subject to the Employer's right to require medical proof. At the completion of the initial period of the leave, the Employer shall grant an extension of the leave for up to an additional twelve (12) months if the employee can present evidence from their treating physician that there is a substantial likelihood that time the employee will be able absent. d. If any employee has been released by the doctor to return to work during and a follow-up visit is necessary, a doctor's statement must be submitted specifying the period date of extended leave. An employee whose leave ends prior to their being able to return to work will be considered to be on layoff with rights to return in accordance with the recall procedurevisit. The Employer may require at reasonable times, as a condition of continuance of a worker's compensation leave of absence, proof of a continuing inability to perform work Board shall pay for the Employer. Employees who incur a work-related injury or disease for which they are receiving workerabsence (since this is not compensable by the Worker's compensation benefits may utilize accrued paid sick leave daysCompensation carrier), charged not chargeable to the employee's accumulated sick leave account on a pro rata basis, to maintain the difference between the employee's net take-home pay based upon their regular salary and the worker's compensation benefits received. It is agreed between the parties that this use of paid sick leave is not a wage continuation program as that term is utilized in days. e. If the Worker's Compensation Act. In carrier disputes the event that this use is claimed to be a wage continuation program claim filed by the Board's worker's compensation carrier, the parties agree to renegotiate this subsection. As a condition of receipt of such supplemental paymentsemployee, the employee agrees shall retain the right to reimburse the Employer for any duplicate amounts received in instances where paid file an appeal while utilizing his/her sick leave days and the WBEA sick bank. An employee not eligible for leave under these provisions will be considered on unpaid leave until he/she is utilized and worker's compensation later provides eligible for long-term disability insurance coverage. In such cases the employee will be responsible for payment of his/her own insurance benefits as provided for under the same daysCOBRA Act. If the employee is not eligible for long-term disability insurance coverage, he/she should return to work or remain on unpaid leave, subject to annual approval.

Workers' Compensation Leave. After completion 1. For the purposes of this section, “accidental injury” shall be defined as an accidental injury arising out of and in the course of employment as well as such diseases or infections as may naturally and unavoidable result there from; and “occupational disease” shall be an occupational disease mentioned in the New York State Workers’ Compensation Law Section 3 (2) and the disease is due to the nature of the twelve (12) week family corresponding employment as described in said subdivision and medical leave requested because was contracted therein. Further, the New York State Workers’ Compensation Law shall hereinafter be referred to as “WCL”. 2. An employee of the County of Albany who sustains an accidental injury or occupational disease shall be entitled to the benefits and compensation required by the WCL and all procedures set forth in the WCL shall govern where not inconsistent with the procedures set forth in this Agreement. 3. The County of Albany Workers’ Compensation Plan shall adopt the notice provisions and statutes of limitations provided in the WCL. Employees of the County of Albany shall be required to abide by said notice provisions and their claims will be subject to the statutes of limitations provided in the WCL. 4. When a serious health condition that made the employee unable to perform the functions of their job, a supplemental worker's compensation leave of absence for is necessitated by an occupational injury or occupational disease, the remainder employee shall be allowed a leave, upon giving notice to his/her supervisor that he/she claims benefits and/or compensation under the WCL. The time limit on the leave of the school year will be granted to employees who are unable to continue to work for the Employer because of a work related absence necessitated by such injury or disease shall be extended to one (1) year cumulatively including any periods of such absence during which the employee draws vacation and sick leave credits. Such leave may be extended for further periods at the discretion of the Department Head. 5. If the employee’s claim for benefits and/or compensation under the WCL is controverted, the employee shall not be entitled to leave as stated in section 4. The employee may continue to receive full gross wages only to the extent that his/her has accrued personal, sick and vacation time. When his/her time is exhausted, the Employer may suspend all payments to the employee pending a determination of the controverted claim by the Workers’ Compensation Board. If said determination is in favor of the employee, he/she shall be entitled to leave under Section 4 and all absences, subject to the qualifications stated in Section 9, before such final determination to the extent that the same were necessitated by his/her accidental injury or occupational, disease shall be deemed to have been pursuant to leave under Section 4. If the determination is in the employee’s favor, his/her accrued time, if charged, shall be properly credited. 6. Compensation is allowed for injuries that cause disability beyond seven (7) calendar days. Worker’s Compensation payments begin to accrue with the eighth (8th) day after disability commences if the employee is disabled for more than fourteen (14) calendar days then compensation is also payable for the first week of disability. 7. In the case of permanent incapacity, leave may be withheld or the employee may be terminated, if it is determined the occupational injury or disease suffered by the employee is of such a nature as to permanently incapacitate him/her from the performance of duties of his/her position. 8. The employee may draw upon accrued personal, sick and vacation credits to complement his/her weekly compensation rate to the extent that total compensation equals full gross wager. The employee shall earn personal, vacation and sick leave only as to accrue personal, sick and vacation time used and in no instance where time is advanced. 9. Before accumulated sick time may be charged, medical evidence is required for any injury when the absence is greater than three (3) days. A doctor’s certificate may be satisfactory. The County retains the options to require the employee to be examined, at County expense, by a physician designated by the County. In the event of failure to submit proof of illness or injury or if the evidence submitted is not satisfactory to justify the entire absence, such absence will be considered unauthorized leave, and as such may not be charged against any accumulated time. In the case of Workers’ Compensation claim, medical evidence may be required at reasonable intervals as necessitated by treating physician (s) prognosis. Suspension of medical evidence will automatically suspend all payments to the claimant except that the employee shall not be charged for the one-half day for attendance at any physical examination at the direction of the Employer. 10. An award by the Workers’ Compensation Board for any period for which the employee is entitled to receive benefits under the Worker's Compensation laws of the State of Michigan and is receiving payments receives or received pay from the Employer, subject County shall be credited to the Employer's right to require medical proofCounty as a reimbursement of wages paid. At This reimbursement must be reflected in the completion employees W-2 Statement of the initial Wages Paid. These wages must be reported as “Workers’ Compensation Wages” and are, therefore, exempt from taxes. 11. Accrued leave credits, used by an employee during a period of absence for which an award of compensation has been made to the leave, the Employer shall grant an extension of the leave for up to an additional twelve (12) months if the employee can present evidence from their treating physician that there is a substantial likelihood that the employee will be able to return to work during the period of extended leave. An employee whose leave ends prior to their being able to return to work will be considered to be on layoff with rights to return in accordance with the recall procedure. The Employer may require at reasonable times, County as a condition of continuance of a worker's compensation leave of absence, proof of a continuing inability to perform work for the Employer. Employees who incur a work-related injury or disease for which they are receiving worker's compensation benefits may utilize accrued paid sick leave days, charged reimbursement to the employer for wages paid, shall be restored to him/her at the Workers’ Compensation rate as designated by the Workers’ Compensation Board notice of decision in full. No restoration shall be made for any leave time advanced to a County employee's sick leave account on a pro rata basis, to maintain the difference between the employee's net take-home pay based upon their regular salary and the worker's compensation benefits received. It is agreed between the parties that this use of paid sick leave is not a wage continuation program as that term is utilized in the Worker's Compensation Act. In the event that the employee dies, resigns, retires or continues absent beyond one (1) year without further leave, cash payment for vacation and overtime credits, including any credits restored because of a Workers’ Compensation award shall be made in accordance with this use Agreement. In any other case, an employee restored to service after an absence for an occupational disability shall have one (1) year from date of such restoration to reduce this accrued leave credited to the limits set in the Agreement. 12. Upon request of the employee to return to work at or prior to the expiration of the maximum period of allowed leave, if there is claimed any doubt as to be whether the employee is physically or mentally fit to perform the duties of his/her position, the department head may require the employee to undergo medical examination, prior to reinstatement, by a wage continuation program physician designated by the Board's worker's compensation carrier, the parties agree County within seven (7) days of a written notice of intent to renegotiate this subsectionreturn to work. As a condition of receipt of such supplemental paymentsIf reinstatement is denied, the employee agrees may make application in the manner prescribed by Section 71 of the Civil Service Law. If an employee continues absent after the expiration of the maximum period of allowed leave, his/her eligibility for reinstatement shall be governed by Section 71 of the Civil Service Law. 13. In order to reimburse enable the department head to make such a determination of fitness after the employee has been on Workers’ Compensation leave, he/she may require an employee at any time to be examined by a physician designated by the County. 14. Where the department head has refused to grant the employee pay during leave pursuant to paragraph 4, or has withheld or terminated a leave of absence on the ground that the occupational injury or disease is of such a nature as to permanently incapacitate the employee from the performance of duties of his/her position, the employee may request the Civil Service Commission to review the determination and take appropriate action thereon. 15. The provisions shall not be construed to require extension of any employment beyond the time at which it would otherwise terminate. 16. In the event of a controverted case where the Workers’ Compensation Board finds for the Employer, or if for any other reason the employee is overpaid in Workers’ Compensation benefits, the employee’s accrued leave time shall be reduced in any amount equal to the sum so paid. In the event the employee’s accrued leave time is insufficient for such purpose, the Employer may apply ten (10%) percent of the employee’s gross wages and one hundred (100%) percent of future accruals of leave time until the employer is repaid. 17. Health and Dental insurance coverage will continue for any duplicate amounts received employee who was already covered, as long as he/she receives any County share to complement his/her Workers’ Compensation benefits. Once this time is exhausted, benefits will terminate on a time scheduled identical to that used for a resignation or termination. The employee is carried for one full month after the month in instances where which his/her benefit time is exhausted unless paid sick leave is utilized benefit time expires on the first of any month, in which case the employee’s benefit expires at the end of the month. If the employee returns to work, then he/she will begin health and worker's compensation later provides payment for dental insurance benefits on the same daysfirst day of the month after he/she has been back on the first of a month (One month lag).

Workers' Compensation Leave. After (a) Employees necessarily absent from duty because of an occupational injury, disease or condition as defined in the Workers' Compensation Law, shall be eligible for a Workers' Compensation Benefit as provided in this Article. Determinations of the Workers' Compensation Board regarding compensability of claims shall be binding upon the parties. (b) A workers' compensation injury shall mean any occupational injury, disease or condition found compensable as defined in the Workers' Compensation Law. (a) An employee who suffers a compensable occupational injury shall, upon completion of the twelve (12) week family and medical leave requested because of a serious health condition that made the employee unable to perform the functions of their jobten-workday waiting period, be placed on a supplemental worker's compensation leave of absence without pay for all absences necessitated by such injury and shall receive the benefit provided by the Workers' Compensation Law except as set forth in this Article. (b) An employee necessarily absent for less than a full day in connection with a workers' compensation injury as defined in 9.4(1)(b) due to therapy, a doctor's appointment, or other required continuing treatment, may charge accrued leave for said absences. (c) The State will make previously authorized payroll deductions for periods the employee is in pay status receiving salary sufficient to permit such deductions. The employee is responsible for making payment for any such deductions during periods of leave without pay, such as those provided in 9.4(2)(a) above. (3) An employee required to serve a waiting period pursuant to subsection (2)(a) above shall have the option of using accrued leave credits or being placed on leave without pay. Where an employee charged credits, upon receipt of documentation from the State Insurance Fund issuing a credit to the State for the remainder time charged, the employee shall be entitled to restoration of credits charged proportional to the net monetary award credited to the State by the Workers' Compensation Board. In the event the restoration of credits is not sufficient to restore the full amount of accrued leave used during the waiting period, the Court shall credit to the employee’s leave accruals the difference between the accrued leave used and the Worker’s Compensation Board Credit. (4) When annual leave credits are restored pursuant to this Article and such restoration causes the total annual leave credits to exceed 54 days, a period of one year from the date of the school year return of the credits or the date of return to work, whichever is later, is allowed to reduce the total accumulation to 54 days. (5) An employee receiving workers' compensation payments for a period of disability found compensable by the Workers' Compensation Board shall be treated as though on the payroll for the length of the disability not to exceed twelve months per injury for the sole purposes of accruing seniority, continuous service, health insurance and Union Benefit Fund contributions normally made by the State, and accrual of annual and sick leave. Additionally, such employee shall be treated as though on payroll for the period of disability not to exceed twelve months per injury for the purposes of retirement credit and contributions normally made by the State and/or the employee. (a) Where an employee's workers' compensation claim is controverted by the State Insurance Fund upon the ground that the disability did not arise out of or in the course of employment, the employee may utilize leave credits pending a determination by the Workers' Compensation Board. (b) If the employee's controverted or contested claim is decided in the employee's favor, any leave credits charged shall be restored proportional to the net monetary award credited to the State by the Workers' Compensation Board. (c) If the employee was in leave without pay status pending determination of a controverted or contested claim, and the claim is decided in the employee's favor, the employee shall receive the benefits in Paragraph 9.4(5) for the period covered by the award not to exceed twelve months per injury. (d) Where a claim for workers' compensation is controverted or contested by the State Insurance Fund, the parties will abide by the determination of the Workers' Compensation Board. (a) If the date of the disabling incident is prior to April 1, 1986, the benefits available shall be granted as provided in the 1982-85 State/DC37 Agreement. (b) If the date of the disabling incident is on or after April 1, 1986 and prior to the date of execution of this Agreement, the benefits available shall be as provided in the 1988-91 State/DC37 Agreement. (c) If the date of the disability incident is on or after June 17, 1993, the benefits available shall be as provided herein. (8) The State and the DC37 shall establish a committee whose purpose shall include but not be limited to reviewing and making recommendations on the following: (1) the effects of the implementation and administration of the workers' compensation statutory benefit, including resulting savings and costs associated with it; (2) the accident and injury data focusing on incidence of injuries or accidents in order to develop prevention strategies and means to reduce and/or eliminate the risk of on the job injury. (9) The State retains all its managerial rights to monitor all workers' compensation claims. (10) The State will grant a workers' compensation leave benefit to employees who are unable to continue to incur an occupational injury or disease, as defined under the Workers' Compensation Law, through "assaultive" circumstances as more specifically outlined below. (a) An employee necessarily absent from work for the Employer because of a work related an occupational injury or disease as defined under the Workers' Compensation Law, and incurred in "assaultive" circumstances, shall be granted leave from her/his position for the period of absence necessitated by such injury in accordance with the provisions set forth below. For purposes of this Section, an "assault" shall include any injury incurred through an assault to the employee, an injury suffered by the employee in the pursuit of a criminal or an injury incurred while coming to the aid of an employee, member of the public or in response to an emergency. An employee requesting leave under this Section must submit a request for such leave benefit to the Deputy Director for Labor Relations on forms to be established. Such request must be submitted within 25 workdays of the occurrence of the injury or the first day of absence due to the injury, whichever is later. The Deputy Director for Labor Relations shall waive the time limitation on filing such request where he/she determines that a medical condition existed which prevented the employee from complying with such time limitations. (b) An employee absent on leave under this Section must remain at home and be within telephone communication of the Deputy Director for Labor Relations or her/his designee. If, for any reason, the employee must be away from home, he/she must leave a forwarding telephone number and location with the Deputy Director for Labor Relations or her/his designee. (c) In the event that leave pursuant to this Section is denied, the State shall provide a statement in writing of the reasons for such denial. Leave under this Section may be withheld or terminated if: (1) the employee's claim for benefits under the Workers' Compensation Law is controverted by the State Insurance Fund (at the request of the State or on the initiative of the State Insurance Fund). If final determination of the contro- verted claim is in favor of the employee, eligibility for leave shall be determined as provided in accordance with this Section for all absences necessitated by the occupational injury or disease; (2) the Workers' Compensation Board determines that the disability resulting from such injury or disease is not compensable; (3) there is good and sufficient reason to believe that the employee could report for work on a full- or part-time basis; (4) the employee has not submitted satisfactory medical documentation of the claimed disability upon request; (5) the employee fails or refuses to submit to a medical examination conducted by a physician selected by the State and at the expense of the State; (6) the employee fails or refuses to submit a timely request for such leave; (7) it is determined that the employee is entitled to receive benefits under employed on a full- or part-time basis outside the Worker's Compensation laws of the State of Michigan and is receiving payments from the Employer, subject to the Employer's right to require medical proof. At the completion of the initial period of the leave, the Employer shall grant an extension of the leave for up to an additional twelve Unified Court System; (12) months if 8) the employee can present evidence from their treating physician failed to obtain prior permission during her/his regular hours of work to leave her/his home while on workers' compensation leave; (9) the State, in its discretion, determines that there is an employee should return to work on a substantial likelihood light-duty basis even if a doctor determines that the employee is medically disabled; or, (10) the employee's services would have terminated or ceased under law, rule or regulation. (d) An employee who is granted leave under this Section shall be allowed leave at full pay without charge to leave credits for a period not to exceed six months for each separate injury or disease; provided, however, that the cumulative total of leave shall not exceed the number of hours normally and regularly worked by the employee during the six-month period. (e) The workers' compensation leave may be extended for an additional six months upon a determination by a State Insurance Fund physician or consulting physician or a State-selected physician that such employee is not permanently disabled and will be able to return to duty within the additional leave period. (f) Should the employee's disability continue beyond 12 months and a determination is made by a State Insurance Fund physician or consulting physician or a State-selected physician that the employee is not permanently disabled and will be able to return to work during within the additional leave period, the employee will be granted leave under this Section for a period not to exceed an additional six months. (g) The Deputy Director for Labor Relations or his/her designee may, at approximately the tenth month of extended utilization of workers’ compensation leave, have an employee examined by a State Insurance Fund physician or consulting physician, or State-selected physician, to determine if the employee is permanently incapacitated from performing his/her duties. If it is determined that the employee is permanently incapacitated, the Deputy Director for Labor Relations or his/her designee will notify the employee by certified mail, return receipt requested, with a copy to the Union, encouraging him/her to file for disability retirement, or any other retirement benefit that may be available and appropriate, prior to the 12th month of such workers’ compensation leave. An Such notice shall indicate that should he/she choose not to file for disability or other retirement by the end of the 12th month of workers' compensation leave, the employee whose leave ends prior to their being able to return to work will shall not be considered to be on layoff with rights to return in accordance with the recall procedure. The Employer may require at reasonable times, as a condition of continuance of a worker's compensation leave of absence, proof of a continuing inability to perform work eligible for the Employer. Employees who incur a work-related additional leave provided under Section (i), below. (h) If, at any time, it is determined that the injury or disease incurred by the employee may be of such nature as to incapacitate the employee from the full performance of duties either permanently or for the duration of the period for which they are receiving worker's workers’ compensation benefits may utilize accrued paid sick leave dayscan be granted, charged the Deputy Director for Labor Relations or his/her designee will notify the employee by certified mail, return receipt requested, with a copy to the employee's sick leave account on a pro rata basisUnion, encouraging him/her to maintain file for disability retirement, or any other retirement benefit that may be available and appropriate, prior to the difference between 12th month of workers’ compensation leave. Such notice shall advise the employee's net take-home pay based upon their regular salary and the worker's compensation benefits received. It is agreed between the parties that this use of paid sick leave is employee should he/she choose not a wage continuation program as that term is utilized in the Worker's Compensation Act. In the event that this use is claimed to be a wage continuation program file for disability or other retirement by the Board's worker's compensation carrier, end of the parties agree to renegotiate this subsection. As a condition of receipt 12th month of such supplemental paymentsleave, he/she shall not be eligible for the additional leave provided under Section (i), below. (i) If an employee has applied for disability retirement under Sections (g) or (h), and exhausts eligibility for workers' compensation leave under this Section prior to a determination regarding the application for disability retirement, leave shall be granted for up to an additional six months. (j) If it is subsequently determined that an employee was not entitled to workers' compensation leave with pay without charge to leave credits, for any period for which such employee was granted such leave as provided in this Section, the employee agrees shall be required to reimburse make reimbursement for such paid leave from current or subsequent accumulations of leave credits at a rate and in a manner to be determined by the Employer Deputy Director for Labor Relations. (k) In order to enable the State to make such determinations as are authorized or required in this Section, the Deputy Director for Labor Relations may, at any duplicate amounts received time, require an employee to provide medical documentation of the disability satisfactory to her/him or to be examined at the expense of the State by a physician designated by the State. (l) The leave benefit enumerated in instances where paid sick this Section shall not be construed to require extension of any employment beyond the time at which it would other- wise terminate by operation of law, rule or regulation or to require the granting of any leave is utilized and worker's compensation later provides payment for benefits provided herein solely because of determinations made by the same daysWorkers' Compensation Board.

Workers' Compensation Leave. After completion Worker’s Compensation Insurance benefits shall be granted in accordance with all applicable laws. Premiums for Workers’ Compensation insurance are paid in full by the Employer. If an employee has been terminated due to expiration of a WCLOA, they are welcome to apply for the next advertised opening in their original job classification. The Company does not guarantee re-instatement to any individual, however the Company shall offer such employees priority re-instatement over outside applicants. Employees who suffer a work-related illness or injury that renders them temporarily unable to perform their regular job duties shall be granted a leave of absence for a no more than any twelve (12) week family and medical leave requested because of a serious health condition that made the employee unable to perform the functions of their job, a supplemental worker's compensation leave of absence for the remainder of the school year will be granted to employees who are unable to continue to work for the Employer because of a work related injury or disease for which the employee is entitled to receive benefits under the Worker's Compensation laws of the State of Michigan and is receiving payments calendar months in any rolling eighteen (18) month period from the Employer, subject to the Employer's right to require medical proof. At the completion of the initial period onset of the leave, subject to applicable state and federal law. If an employee fails to return to work at the Employer shall grant an extension expiration of the leave authorized leave, he or she may be terminated. Employees who suffer a work-related illness or injury and are separated from employment shall be allowed to reapply for employment up to an additional twelve (12) months if from the date of injury, provided the employee has a complete medical release and can present evidence from their treating physician that there is a substantial likelihood that pass the Employer’s physical agility test. Should the employee will be able to return to work during reinstated within six (6) months of separation the period of extended leave. An employee whose leave ends prior to their being able to return to work will shall have all seniority and be considered to be on layoff with rights to return in accordance with the recall procedureafforded all terms, conditions and benefits under this Agreement restored. The Employer may require at reasonable timesoffer transitional duty (also known as “modified duty” or “light duty”) for a maximum of one hundred twenty (120) days to those employees who have suffered a covered workers’ compensation injury or illness and will not be offered to any other employee, as subject to any applicable federal, state or local law. Transitional duty will be offered whenever such work is available in the employee’s regularly scheduled work area, or another area acceptable to the employee, and the employee is able to safely perform such work. Employees on a condition of continuance of a worker's compensation leave of absence, proof of a continuing inability absence due to perform work for the Employer. Employees who incur a work-related illness or injury or disease shall continue receiving all health benefits for which they are receiving worker's compensation a maximum of twelve (12) months provided the employee continues paying his/her normal contributions for such benefits. Employees may elect to discontinue health benefits may utilize accrued paid sick leave days, charged to the employee's sick leave account while on a pro rata basis, leave of absence. Employees on Workers’ Compensation leave will be returned to maintain an equal position and assignment upon expiration of the difference between the employee's net take-home pay based upon their regular salary and the worker's compensation benefits received. It is agreed between the parties that this use of paid sick leave is not a wage continuation program as that term is utilized in the Worker's Workers’ Compensation Act. In the event that this use is claimed to be a wage continuation program by the Board's worker's compensation carrier, the parties agree to renegotiate this subsection. As a condition of receipt of such supplemental payments, the employee agrees to reimburse the Employer for any duplicate amounts received in instances where paid sick leave is utilized and worker's compensation later provides payment for the same daysleave.

Workers' Compensation Leave. After completion of the twelve (12) week family and medical leave requested because of When an employee sustains a serious health condition that made the employee unable to perform the functions of their job, a supplemental worker's compensation leave of absence for the remainder of the school year will be granted to employees who are unable to continue to work for the Employer because of a compensable work related injury or disease for which disease, the employee is shall be entitled to receive benefits under the Worker's Compensation laws of the State of Michigan and is receiving payments from the Employer, subject to the Employer's right to require medical proof. At the completion of the initial period of the leave, the Employer shall grant an extension of the leave for up to an additional twelve (12) months if the employee can present evidence from their treating physician that there is a substantial likelihood that the employee will be able to return to work during the period of extended leave. An employee whose leave ends prior to their being able to return to work will be considered to be on layoff with rights to return in accordance with the recall procedure. The Employer may require at reasonable times, as a condition of continuance of a worker's workers’ compensation leave of absence, proof of a continuing inability to perform work for the Employer. Employees who incur a work-related injury or disease for which they are receiving worker's compensation benefits may utilize accrued paid sick leave days, charged to the employee's sick leave account on a pro rata basis, to maintain the difference between the employee's net take-home pay based upon their regular salary and the worker's compensation benefits received. It is agreed between the parties that this use of paid sick leave is not a wage continuation program as that term is utilized provided in the Worker's Compensation Act▇▇▇▇▇▇ County Employee Manual. In the event that this use an employee who has been a member of the Department of Fire and Rescue Services for five years or more is claimed certified by his treating physician to be disabled and unable to perform his/her duties as a wage continuation program result of a disease of the cardio-vascular or pulmonary system and when such certification is supported by an examination by a physician selected by the BoardCounty, such employee's worker's compensation carrierdisability shall be presumed to be compensable and shall be compensated at 2/3 of regular pay until such time as a ruling to the contrary is issued by the Maryland State Workers’ Compensation Commission. (a) Eligibility - an employee is eligible for Workers’ Compensation Leave if an injury or disease which causes the employee to be disabled is compensable under Maryland Workers’ Compensation Law; the employee is completely unable to work at their regular job or modified duty; and their inability to work is supported by sufficient medical evidence. (b) Medical Appointments - Workers’ Compensation Leave shall not be authorized for medical appointments unless the appointment is at the request of the County or its authorized claims adjuster; or the appointment is with the designated medical provider selected by the County. (c) Modified Duty - Workers’ Compensation Leave shall not be authorized if the employee has been offered a temporary modified duty position in accordance with medical restrictions. (d) Rate - An employee who suffers a compensable work related injury will receive full pay during the period he/she is disabled to a maximum of 12 months from the date of injury if the employee is evaluated by a County approved medical provider as to the ability to work with or without restrictions. Employees electing not to be evaluated by a County approved medical provider shall receive benefits, if applicable, at the parties agree rate established under the Workers’ Compensation Laws of Maryland. In the event that the evaluations of the County approved medical provider and the employee’s doctor are conflicting with respect to renegotiate this subsectionthe ability to work with or without restrictions, an independent evaluation may be requested by the employee. As a condition The physician conducting the independent evaluation will be selected based on mutual agreement of receipt the parties. The cost of such supplemental paymentsthe independent evaluation shall be paid by the County. If the independent physician concurs with the opinion of the employee’s doctor, the employee agrees shall receive full salary for periods of authorized lost time up to reimburse one year from the Employer date of injury, subject to all other provisions of Maryland Worker’s Compensation Law. If the independent physician concurs with the opinion of the County approved medical provider that the employee can return to work, no benefits shall be payable. If at any time during the course of the claim, the employer requests an independent medical exam in accordance with Maryland Worker’s Compensation Law, the provision allowing for any duplicate amounts received in instances where paid sick leave is utilized and worker's compensation later provides payment for the same daysa third opinion will not apply.

Workers' Compensation Leave. After completion of ‌ Employees are entitled to only those Worker’s Compensation benefits specified under state law. Employees shall be required to make an irrevocable decision, in writing, to supplement or not supplement their worker’s compensation benefits with accrued sick leave, if available, and then accrued vacation, if available, until the twelve employee’s accrued leave (12sick leave and/or vacation leave) week family and medical leave requested because of a serious health condition that made has been exhausted. If the employee unable elects to perform supplement his/her worker’s compensation benefits, once the functions of their jobaccrued sick leave and vacation have been exhausted, a supplemental worker's compensation leave of absence for the remainder of the school year will be granted to employees who are unable to continue to work for the Employer because of a work related injury or disease for which the employee is shall only be entitled to receive the Worker’s Compensation benefits specified by State law. If the employee elects not to supplement his/her worker’s compensation benefits, he/she shall only be entitled to receive the Worker’s Compensation benefits specified by State law. An employee who is out on worker’s compensation leave shall also be placed on leave under the Family and Medical Leave Act (FMLA) if he/she qualifies for FMLA leave. Leave under the FMLA cannot exceed 12 weeks. Worker's ’s Compensation laws leave and leave under the FMLA shall run concurrently. Payment of Worker’s Compensation benefits only (i.e., not being supplemented with accrued sick or vacation hours) does not qualify as being in paid status, since Worker’s Compensation benefits are not paid through the State of Michigan and is receiving payments from City’s payroll system. Therefore, if the Employeremployee exhausts his/her accrued leave and, subject to the Employer's right to require medical proof. At the completion of the initial period of the if eligible for FMLA leave, has exhausted his/her FMLA leave, the Employer employee shall grant an extension of the leave for up to an additional twelve (12) months if the employee can present evidence from their treating physician that there is a substantial likelihood that the employee will be able to return to work during the period of extended leave. An employee whose leave ends prior to their being able to return to work will thereafter be considered to be on layoff with rights to return in accordance with unpaid leave. Once the recall procedure. The Employer may require at reasonable times, as a condition of continuance of a worker's compensation employee has been on unpaid leave of absence, proof of a continuing inability to perform work for the Employer. Employees who incur a work-related injury or disease for which they are receiving worker's compensation benefits may utilize accrued paid sick leave 30 calendar days, charged to the employee's sick leave account on a pro rata basis, to maintain the difference between the employee's net take-home pay based upon their regular salary and the worker's compensation benefits received. It is agreed between the parties that this use of paid sick leave is not a wage continuation program as that term is utilized in the Worker's Compensation Act. In the event that this use is claimed to he/she will be a wage continuation program by the Board's worker's compensation carrier, the parties agree to renegotiate this subsection. As a condition of receipt of such supplemental payments, the employee agrees required to reimburse the Employer for any duplicate amounts received in instances where paid sick leave is utilized and worker's compensation later provides payment City for the same dayscost of his/her medical insurance, dental insurance, and vision insurance premiums if the employee wishes to have coverage under those plans continued. An employee who schedules a doctor’s appointment required as a result of his/her worker’s compensation claim shall only be paid temporary disability, as specified by the state Worker’s Compensation regulations, for his/her regularly scheduled work day.

Workers' Compensation Leave. After completion of the twelve (12) week family and medical leave requested because of a serious health condition that made the employee unable to perform the functions of their job, a supplemental worker's compensation leave of absence for the remainder of the school year will be granted to employees who are unable to continue to work for the Employer because of a work related injury or disease for which the employee is entitled to receive benefits under the Worker's Compensation laws of the State of Michigan and is receiving payments from the Employer, subject to the Employer's right to require medical proof. At the completion of the initial period of the leave, the Employer shall grant an extension of the leave for up to an additional twelve (12) months if the employee can present evidence from their treating physician that there is a substantial likelihood that the employee will be able to return to work during the period of extended leave. An employee whose leave ends prior to their being able to return to work will be considered to be on layoff with rights to return in accordance with the recall procedure. The Employer may require at reasonable times, as a condition of continuance of a worker's compensation leave of absence, proof of a continuing inability to perform work for the Employer. Employees who incur suffer a work-related injury or disease illness as a result of their job responsibilities and who are unable to perform their normal work duties will be granted a leave of absence for which they are receiving worker's compensation benefits may utilize accrued a no more than any twelve (12) calendar months in any rolling eighteen (18) month period, for each separate injury or illness, from the onset of the leave, subject to applicable state and federal law. Such leave shall not extend beyond the period of incapacitation for duty. An employee who fails to return at the end of their Workers’ Compensation leave shall be considered separated from employment. If an employee accepts employment elsewhere during the leave without prior approval of the Employer, the employee shall be considered separated from employment. Whenever feasible the Employer will offer a limited duty position to an employee injured at work. Time worked in such position shall not exceed one hundred twenty (120) days. An employee working in a limited duty position shall be paid sick the appropriate shift hourly rate so that the employee does not suffer any loss in wages. Employees on a Worker’s Compensation leave days, charged of absence will be allowed to return to their regular job classification and shift assignment only upon successfully passing a fitness-for-duty examination paid for by the Employer. Workers Compensation Leaves will run concurrently with leaves taken pursuant to the employee's sick leave account on a pro rata basis, to maintain Family Medical Leave Act and/or the difference between the employee's net take-home pay based upon their regular salary and the worker's compensation benefits received. It is agreed between the parties that this use of paid sick leave is not a wage continuation program as that term is utilized in the Worker's Compensation ActCalifornia Family Rights Act (FMLA/CFRA). In the event that this use an employee is claimed separated from employment after twelve (12) months on a Workers’ Compensation leave and is subsequently medically cleared to be a wage continuation program by return to full duty within three (3) months following the Board's worker's compensation carrier, the parties agree to renegotiate this subsection. As a condition of receipt of such supplemental paymentsseparation from employment, the employee agrees to reimburse shall have first right of refusal for an open position in the Employer for any duplicate amounts received in instances where paid sick leave is utilized employee’s most recent classification, provided the employee has all the required certifications and worker's compensation later provides payment licenses. Following the three (3) month period for the same daysfirst right of refusal, the employee shall be afforded a three (3) month period for first consideration should the employee reapply for employment. Should the employee be reinstated or rehired in accordance with this Section, the employee shall have all seniority, PTO, pay and benefits restored to the level the employee would have received if the employee had not been separated from employment.