PERSONNEL PROCEDURES FOR UC IRVINE STAFF MEMBERS

LEAVES
Procedure 44: Work-Incurred Illness and Injury

Responsible Office: Human Resources
Revised: September 2003

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 73, Workers' Compensation Self-Insurance Program

UC Office of Risk Management

UC Personnel Policies for Staff Members
         Policy 43, Leave of Absence
         Policy 44, Work-Incurred Illness and Injury
         Policy 66, Medical Separation
         Policy 81, Reasonable Accommodation

UCI Administrative Policies and Procedures
         Section 300-15, Work Related Accidents and Injuries Procedure
         Section 300-16, Transitional Work Program Policy
         Section 300-17, Transitional Work Program Guidelines

UCI Information Packet: 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 medical impairment(s), the employee and department head (or designee) should attempt to identify productive and medically appropriate work activities for the employee. The employee and department head (or designee) are encouraged to contact Human Resources-Workers’ Compensation, the Disability and Rehabilitation Consultant, Consulting Services and Labor Relations, and Benefit Services, 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. 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.

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 salary. The employee may choose from three options:

   Plan 1--Use sick leave only

   Plan 2--Use sick and vacation leave

   Plan 3--Do not use any accrued leave

   If the employee chooses Plan 3, the employee receives Workers' Compensation payments but does not receive any University pay. If Plan 3 is chosen, the employee is not eligible for extended sick leave (see Personnel Policy 44.C.). 

   The Human Resources Workers’ Compensation Unit can advise the department of the sick and vacation leave hours that should be reported to the payroll system for each pay period.

   The Ballot Authorization Form is used to select a plan.  If the employee fails to make an election within ten working days from the date of receipt of Ballot Authorization Form, Plan I will be selected for the employee. The selection decision is irrevocable for a particular injury or illness.

D. Guidelines - Extended Sick Leave

For any one 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 a medical condition(s) 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.

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 (see Personnel Policy 44.C) or has selected supplemental benefits Plan 3.

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 Personnel Policy 43.C.

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.