PERSONNEL PROCEDURES FOR UC IRVINE STAFF MEMBERS

Absence From Work

Procedure 44: Work-Incurred Illness and Injury

Responsible Office: Human Resources
Revised:
April 2012

A. References

California Division of Workers' Compensation
California Division of Occupational Safety and Health
Family Medical Leave Act (FMLA)
California Family Rights Act (CFRA)

UC Business and Finance Bulletin

  • BUS 81, Workers' Compensation Self-Insurance Program

UC Office of Risk Management

UC Personnel Policies for Staff Members

UC Personnel Procedures for UCI Staff Members

UCI Administrative Policies and Procedures

UCI Guidelines: Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA)

B. Guidelines - Workers' Compensation Leaves of Absence

If an employee experiences functional limitations due to a work-incurred injury or illness, the employee and their supervisor should attempt to identify productive and medically appropriate work activities for the employee. The employee and their supervisor are encouraged to contact either the Human Resources-Workers’ Compensation Consultant or the Disability and Rehabilitation Consultant, who will provide information and an analysis of alternatives. If a return to productive and medically appropriate work activities is not possible, accrued sick and vacation leave may be used to supplement temporary disability payments received under the California Workers’ Compensation Act.

  1. Medical Insurance Coverage During Leave

    During a Workers’ Compensation paid leave, the University continues contributions for the medical plan in which the employee is enrolled. The employee is still responsible for the employee contribution. If an employee is receiving temporary disability payments while on an unpaid Workers’ Compensation leave, the University continues to pay the UC contribution and will also pay the employee contribution for the medical plan in which the employee is enrolled, in accordance with the University of California Group Insurance Regulations.

  2. Sick Leave Accrual

    Any sick leave accrued while the employee is not working will be credited only upon the employee’s return to work.

C. Use of Accrued Sick and Vacation Leave

  1. Use of Leave on Day of Injury/Illness

    If the employee works at least part of the day on the day the work-incurred injury or illness begins, the hours not worked that day are treated as administrative leave with pay.

  2. Supplemental Benefits Options

    If an employee receives Workers' Compensation temporary disability payments, the employee may choose to use accrued leave, so that the sum of the Workers' Compensation temporary disability payment plus paid leave equals the pre-disability regular salary. See Policy 2.210, Absence From Work (III.D.9.a) and Ballot Authorization Form.

D. Guidelines - Extended Sick Leave

For any one work-incurred injury or illness, an employee will receive a maximum of 26 weeks of extended sick leave payments if:

  • - The employee has exhausted all accrued sick leave;
  • - The employee has functional limitation from work activity due to awork-incurred injury or illness and the employee cannot be accommodated on a temporary or permanent basis; and
  • - The employee continues to be eligible for California Workers’ Compensation Temporary Disability payments.

The amount of extended sick leave payments will equal the difference between the amount of the California Workers’ Compensation Temporary Disability payments and 80% of the employee’s regular salary. An employee will not use extended sick leave to supplement Workers' Compensation payments beyond a predetermined date of separation. See Policy 2.210, Absence From Work (III.D.9.b), for more information on Eligibility for Extended Sick Leave and Payments.

E. Leave Without Pay

An employee who is receiving Workers' Compensation temporary disability payments will not be placed on leave without pay unless the employee'sextended sick leave has been exhausted or has selected supplemental benefits Plan 3. See Policy 2.210, Absence From Work (III.D. 9.b), for more information on Extended Sick Leave eligibility and payments.

F. Family and Medical Leave

If the employee is absent from work due to a work-incurred injury or illness, and is eligible for family and medical leave, the department must provide the employee with the required notice and follow the other procedures specified in Policy 2.210, Absence From Work (III.D. 9.) and How to Comply with Family Medical Leave (FMLA), a step-by-step guide for administering routine FMLA leaves of absence.

G. Applicability

All staff members, except employees who are in a bargaining unit that has an exclusive representative (union) and are covered by the applicable provisions of the collective bargaining agreement.