WORK-RELATED INJURIES. Section 1. An employee who sustains a work-related injury, during the period of this Agreement, as the result of which the employee is disabled, if so determined by a decision issued under the operation of the Workers' Compensation Program, shall be entitled to use accumulated sick, annual, or personal leave or injury leave without pay. While using accumulated leave, the employee will be paid a supplement to workers' compensation of full pay reduced by an amount that yields a net pay, including workers' compensation and social security disability benefits, that is equal to the employee's net pay immediately prior to the injury. Net pay prior to injury is defined as gross base pay minus federal, state, and local withholding, unemployment compensation tax, social security and retirement contributions. One (1) full day of accumulated leave (seven and one half [7 ½] or eight [8] hours as appropriate) will be charged for each day the supplement is paid. Accumulated leave and injury leave without pay may be used for an aggregate of twelve (12) months or for the duration of the disability, whichever is the lesser, except that, if only accumulated leave is used, it may be used beyond twelve (12) months until exhausted or until the disability ceases, whichever occurs sooner. In no case, however, will the aggregate of twelve (12) months extend beyond three (3) years from the date the injury occurred. If no leave is available under this Section, the provisions of Section 13 may apply. Section 2. An employee who works a reduced number of hours (part-time) due to partial disability may use leave in accordance with Section 1. Pay for accumulated leave used will be calculated in accordance with Section 1, based on the net amount of lost earnings. Section 3. Retirement credited service, for the period of time that the employee is using leave under this Article, shall be determined in accordance with the State Employees' Retirement Code. Section 4. At the expiration of the leave under Section 1, if an employee continues to receive workers' compensation, the employee will be placed on leave without pay in accordance with Section 7 below and will not be entitled to receive Employer-paid benefits. Section 5. An employee is required to refund to the Employer the amount of any overpayment. In no case shall an employee be entitled to full pay and workers' compensation and/or social security for the same period. The Employer shall recover any amount in excess of the paid supplement to workers' compensation as described in Section 1. Failure to apply for or report social security or other applicable disability benefits to the Employer will result in the termination of the leave under Section 1. Section 6. Employer-paid coverage for life insurance, hospital and medical insurance and supplemental benefits as provided in Articles 23 and 24 will continue for the period of time that the employee is on leave under Sections 1 and 13. Section 7. An employee has the right to return to a position in the same or equivalent classification held before being disabled, for a period of up to three (3) years from the date the injury occurred provided the employee is fully capable of performing the duties of that position, subject to the furlough provisions of Article 28, Seniority. This guarantee expires if the disability ceases prior to the expiration of the three (3) year period and the employee does not return to work immediately or if the employee retires or otherwise terminates employment. During the period of time between the end of the leave under Section 1 or Section 13, where applicable, and the end of the guarantee in this Section, the employee will be on leave without pay. Section 8. The compensation for disability retirement arising out of work-related injuries shall be in accordance with the State Employees' Retirement Code. Section 9. An employee who sustains a work-related injury, during the period of this Agreement, if so determined by a decision issued under the operation of the Workers' Compensation Program, may use sick, annual, or personal leave for the purpose of continued medical treatment of the work-related injury in accordance with Articles 10, 12, and 13. If no paid leave is available, an employee may use leave without pay. Each absence shall not exceed the minimum amount of time necessary to obtain the medical treatment. Employees shall make reasonable efforts to schedule medical appointments during non-work hours or at times that will minimize absence from work. Verification of the length of the medical appointment may be required. This section is not applicable to any absence for which workers' compensation is payable. When workers' compensation is payable, the provisions of Section 1 shall apply. Section 10. Sections 4, 6, and 8 of this Article shall not apply to temporary employees. Section 11. The Employer agrees to the use of modified duty where the employee is able to work only in a limited capacity and the prognosis for the injury indicates that the employee will be able to resume all of the duties of the employee's classification in a reasonable period of time. The Employer may terminate a modified duty assignment when it becomes apparent that the employee will not be able to resume the full duties of the employee's classification within a reasonable period of time. Section 12. Sections 1 through 11, and 13 of this Article shall not be applicable to employees whose injuries are within the scope of either Act 193 of 1935, P.L. 477, as amended, or Act 632 of 1959, P.L. 1718, as amended. Section 13. An employee who is disabled due to a recurrence of a work-related injury after three (3) years from the date the injury occurred, or before three (3) years if the leave entitlement in Section 1 has been depleted, shall be entitled to use accumulated leave and injury leave without pay while disabled for a period of up to twelve (12) weeks. To be eligible to use injury leave without pay, the employee must have been at work at least 1250 hours within the previous twelve
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
WORK-RELATED INJURIES. Section 1. An A professional employee who sustains a work-related injury, during the period of this Agreement, as the result of which the professional employee is disabled, if so determined by a decision issued under the operation of the Workers' Compensation ProgramInsurance program, shall be entitled to use accumulated sick, annual, or personal work-related disability leave. Work-related disability leave or injury is a leave without pay. While using accumulated leave, of absence for which the professional employee will be paid a supplement to workers' compensation of full pay reduced by an amount that yields a net pay, including workersWorkers' compensation Compensation and social security disability benefitsSocial Security Disability Benefits, that is equal to the professional employee's net pay pay, immediately prior to the injury. Net pay prior to injury is defined as gross base pay minus federal, state, and local withholding, unemployment compensation tax, social security withholding and Social Security and retirement contributions. One (1) full day of accumulated Work-related disability leave (seven and one half [7 ½] or eight [8] hours as appropriate) will shall be charged for each day the supplement is paid. Accumulated leave and injury leave without pay may be used payable for an aggregate of twelve (12) 12 months or for the duration of the disability, whichever is the lesser, except that, if only accumulated leave is used, it may be used beyond twelve (12) months until exhausted or until the disability ceases, whichever occurs sooner. In no case, however, will the aggregate of twelve (12) 12 months extend beyond three (3) years from the date the injury occurred. If no leave is available under this Section, the provisions of Section 13 may apply.
Section 2. An employee who works a reduced number of hours (part-time) due to partial disability may use leave There shall be no reduction in accordance with Section 1. Pay for accumulated leave used will be calculated in accordance with Section 1, based on credited service under the net amount of lost earnings.
Section 3. State Employes' Retirement credited service, for Code during the period of time that the professional employee is using on work-related disability leave.
Section 3. A professional employee who qualifies for work-related disability leave under shall not be entitled to use sick, annual or personal leave during the period of eligibility. A professional employee who sustains a work-related injury during the period of this Article, Agreement shall be determined in accordance with earn sick leave and annual leave on 34% of the State Employees' Retirement Code.work-related disability leave hours used. Personal leave
Section 4. At the expiration of the leave under Section 1period of eligibility, if an a professional employee continues to receive workers' compensationWorker's Compensation, the professional employee may elect to continue the amount of pay provided in Section 1 by using accumulated sick leave. One full day of sick leave will be placed on leave without charged for each day that the amount of pay provided in accordance with Section 7 below and 1 continues. Professional employees will not be entitled permitted to receive Employer-paid benefits.
Section 5use partial sick days. An employee is required to refund to the Employer the amount of any overpayment. In no case shall an employee be entitled to full pay and workers' compensation and/or social security for the same period. The Employer shall recover any amount in excess of the paid supplement to workers' compensation Except as described in Section 1. Failure to apply for or report social security provided herein, sick leave or other applicable disability benefits to the Employer will result in the termination of the leave under Section 1.
Section 6. Employer-paid coverage for life insurance, hospital and medical insurance and supplemental benefits as provided in Articles 23 and 24 will continue for the period of time that the employee is on leave under Sections 1 and 13.
Section 7. An employee has the right to return to a position in the same or equivalent classification held before being disabled, for a period of up to three (3) years from the date the injury occurred provided the employee is fully capable of performing the duties of that position, subject to the furlough provisions of Article 28, Seniority. This guarantee expires if the disability ceases prior to the expiration of the three (3) year period and the employee does not return to work immediately or if the employee retires or otherwise terminates employment. During the period of time between the end of the leave under Section 1 or Section 13, where applicable, and the end of the guarantee in this Section, the employee will be on leave without pay.
Section 8. The compensation for disability retirement arising out of work-related injuries shall be in accordance with the State Employees' Retirement Code.
Section 9. An employee who sustains a work-related injury, during the period of this Agreement, if so determined by a decision issued under the operation of the Workers' Compensation Program, may use sick, annual, or personal leave for the purpose of continued medical treatment of the work-related injury in accordance with Articles 10, 12, and 13. If no paid leave is available, an employee may use leave without pay. Each absence shall not exceed the minimum amount of time necessary to obtain the medical treatment. Employees shall make reasonable efforts to schedule medical appointments during non-work hours or at times that will minimize absence from work. Verification of the length of the medical appointment may be required. This section is not applicable to any absence for which workers' compensation used when Worker's Compensation is payable. When workers' compensation is payable, the provisions of Section 1 shall apply.
Section 10. Sections 4, 6, and 8 of this Article shall not apply to temporary employees.
Section 11. The Employer agrees to the use of modified duty where the employee is able to work only in a limited capacity and the prognosis for the injury indicates that the employee will be able to resume all of the duties of the employee's classification in a reasonable period of time. The Employer may terminate a modified duty assignment when it becomes apparent that the employee will not be able to resume the full duties of the employee's classification within a reasonable period of time.
Section 12. Sections 1 through 11, and 13 of this Article shall not be applicable to employees whose injuries are within the scope of either Act 193 of 1935, P.L. 477, as amended, or Act 632 of 1959, P.L. 1718, as amended.
Section 13. An employee who is disabled due to a recurrence of a work-related injury after three (3) years from the date the injury occurred, or before three (3) years if the leave entitlement in Section 1 has been depleted, shall be entitled to use accumulated leave and injury leave without pay while disabled for a period of up to twelve (12) weeks. To be eligible to use injury leave without pay, the employee must have been at work at least 1250 hours within the previous twelve
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
WORK-RELATED INJURIES. Section 1. a. An employee who sustains a work-related injury, during the period of this Agreementagreement, as the result of which the employee is disabled, if so determined by a decision issued under the operation of the Workers' Compensation Program, shall be entitled to use accumulated sick, annual, sick or personal annual leave or injury leave without pay. While using accumulated leave, the employee will be paid a supplement to workers' compensation of full pay reduced by an amount that yields a net pay, including workers' compensation and social security disability benefits, that is equal to the employee's net pay immediately prior to the injury. Net pay prior to injury is defined as gross base pay minus federal, state, and local withholding, unemployment compensation tax, social security and retirement contributions. One (1) full day of accumulated leave (seven and one half [7 ½] 7.5 or eight [8] 8 hours as appropriate) will be charged for each day the supplement is paid. Accumulated leave and injury leave without pay may be used for an aggregate of twelve nine (129) months (274 calendar days) or for the duration of the disability, whichever is the lesser, except that, if only accumulated leave is used, it may be used beyond twelve nine (129) months (274 calendar days) until exhausted or until the disability ceases, whichever occurs sooner. In no case, however, will the aggregate of twelve nine (129) months extend beyond three (3274 calendar
b. State-paid coverage for life insurance and state payments toward coverage for health benefits as provided in Articles 17 and 18 will continue for the period of time that the employee is on leave under Sections 1.a. and 10 and for the first 13 weeks (91 calendar days) years from after leave under Section 1.a. expires if the date employee remains disabled, provided that the injury occurred. If no leave is available employee’s right of return under this Section, the provisions of Section 13 may apply6 has not expired.
Section 2. An employee who works a reduced number of hours (part-time) due to partial disability may use leave in accordance with Section 11.a. Pay for accumulated leave used will be calculated in accordance with Section 11.a., based on the net amount of lost earnings.
Section 3. Retirement credited service, service for the period of time that the employee is using leave under this Article, Article shall be determined in accordance with the State Employees' Retirement Code.
Section 4. At the expiration of the leave under Section 11.a., if an employee continues to receive workers' compensation, the employee will be placed on leave without pay in accordance with Section 7 below and will not be entitled to receive Employer-paid benefits6 below.
Section 5. An employee is required to refund to the Employer the amount of any overpayment. In no case shall an employee be entitled to full pay and workers' compensation and/or social security for the same period. The Employer shall recover any amount in excess of the paid supplement to workers' compensation as described in Section 11.a. Failure to apply for or report social security or other applicable disability benefits to the Employer will result in the termination of the leave under Section 11.a.
Section 6. Employer-paid coverage for life insurance, hospital and medical insurance and supplemental benefits as provided in Articles 23 and 24 will continue for the period of time that the employee is on leave under Sections 1 and 13.
Section 7. An employee has the right to return to a position in the same or equivalent classification held before being disabled, for a period of up to three (3) years from the date the injury occurred provided the employee is fully capable of performing the duties of that position, subject to the furlough provisions of Article 2823, Seniority. This guarantee expires if the disability ceases prior to the expiration of the three (3) year period and the employee does not return to work immediately or if the employee retires or otherwise terminates employment. During the period of time between the end of the leave under Section 1 1.a. or Section 1310, where applicable, and the end of the guarantee in this Section, the employee will be on leave without pay.
Section 87. The compensation for disability retirement arising out of work-related injuries shall be in accordance with the State Employees' Retirement Code.
Section 98. An employee who sustains a work-related injury, during the period of this Agreement, if so determined by a decision issued under the operation of the Workers' Compensation Program, may use sick, annual, sick or personal annual leave for the purpose of continued medical treatment of the work-related injury in accordance with Articles 108, 12, 9 and 1311. If no paid leave is available, an employee may use leave without pay. Each absence shall not exceed the minimum amount of time necessary to obtain the medical treatment. Employees shall make reasonable efforts to schedule medical appointments during non-work hours or at times that will minimize absence from work. Verification of the length of the medical appointment may be required. This section Section is not applicable to any absence for which workers' compensation is payable. When workers' compensation is payable, the provisions of Section 1 shall apply.
Section 10. Sections 4, 6, and 8 of this Article shall not apply to temporary employees.
Section 11. The Employer agrees to the use of modified duty where the employee is able to work only in a limited capacity and the prognosis for the injury indicates that the employee will be able to resume all of the duties of the employee's classification in a reasonable period of time. The Employer may terminate a modified duty assignment when it becomes apparent that the employee will not be able to resume the full duties of the employee's classification within a reasonable period of time.
Section 129. Sections 1 through 11, 8 and 10 through 13 of this Article shall not be applicable to employees whose injuries are within the scope of either Act 193 of 1935, P.L. 477, as amended, or Act 632 of 1959, P.L. 1718, as amended.
Section 1310. An employee who is disabled due to a recurrence of a work-related injury after three (3) years from the date the injury occurred, or before three (3) years if the leave entitlement in Section 1 has been depleted, shall be entitled to use accumulated leave and injury leave without pay while disabled for a period of up to twelve (12) 12 weeks. To be eligible to use injury leave without pay, the employee must have been at work at least 1250 hours within the previous twelve12 months. The 12 week period will be reduced by any other leave used within the previous 12 months that was designated as leave under the provisions of the Family and Medical Leave Act. If only accumulated leave is used, it may be used beyond 12 weeks until exhausted or until the disability ceases, whichever occurs sooner. While using accumulated leave, the leave will be charged and paid in accordance with Section 1.a.
Section 11. It is understood by both parties that the provisions of this Article are consistent with the Family and Medical Leave Act of 1993, 29 USC Sections 2601 et seq. and that leave granted in accordance with Sections 1 and 10 shall be designated as leave under the provisions of the Act.
Section 12. It is understood by both parties that the provisions of this Article are consistent with the Americans with Disabilities Act.
Section 13. Should the Patient Protection and Affordable Care Act of 2010, 42 USC, § 18001 et seq. or its regulations be modified or interpreted to not provide an additional 91 calendar days of benefits, as described in Section 1.b. of this Article, it is agreed that the health and life insurance entitlements outlined in this Article will not be diminished.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
WORK-RELATED INJURIES. Section 1. An A professional employee who sustains a work-related injury, during the period of this Agreement, as the result of which the professional employee is disabled, if so determined by a decision issued under the operation of the Workers' Compensation ProgramInsurance program, shall be entitled to use accumulated sick, annual, or personal work-related disability leave. Work-related disability leave or injury is a leave without pay. While using accumulated leave, of absence for which the professional employee will be paid a supplement to workers' compensation of full pay reduced by an amount that yields a net pay, including workersWorkers' compensation Compensation and social security disability benefitsSocial Security Disability Benefits, that is equal to the professional employee's net pay pay, immediately prior to the injury. Net pay prior to injury is defined as gross base pay minus federal, state, and local withholding, unemployment compensation tax, social security withholding and Social Security and retirement contributions. One (1) full day of accumulated Work-related disability leave (seven and one half [7 ½] or eight [8] hours as appropriate) will shall be charged for each day the supplement is paid. Accumulated leave and injury leave without pay may be used payable for an aggregate of twelve (12) 12 months or for the duration of the disability, whichever is the lesser, except that, if only accumulated leave is used, it may be used beyond twelve (12) months until exhausted or until the disability ceases, whichever occurs sooner. In no case, however, will the aggregate of twelve (12) 12 months extend beyond three (3) years from the date the injury occurred. If no leave is available under this Section, the provisions of Section 13 may apply.
Section 2. An employee who works a reduced number of hours (part-time) due to partial disability may use leave There shall be no reduction in accordance with Section 1. Pay for accumulated leave used will be calculated in accordance with Section 1, based on credited service under the net amount of lost earnings.
Section 3. State Employes' Retirement credited service, for Code during the period of time that the professional employee is using on work-related disability leave.
Section 3. A professional employee who qualifies for work-related disability leave under shall not be entitled to use sick, annual or personal leave during the period of eligibility. A professional employee who sustains a work-related injury during the period of this Article, Agreement shall earn sick leave and annual leave on 34% of the work-related disability leave hours used. Personal leave shall not be determined in accordance with the State Employees' Retirement Codeearned during work-related disability leave.
Section 4. At the expiration of the leave under Section 1period of eligibility, if an a professional employee continues to receive workers' compensationWorker's Compensation, the professional employee may elect to continue the amount of pay provided in Section 1 by using accumulated sick leave. One (1) full day of sick leave will be placed on leave without charged for each day that the amount of pay provided in accordance with Section 7 below and 1 continues. Professional employees will not be entitled permitted to receive Employer-paid benefits.
Section 5use partial sick days. An employee is required to refund to the Employer the amount of any overpayment. In no case shall an employee be entitled to full pay and workers' compensation and/or social security for the same period. The Employer shall recover any amount in excess of the paid supplement to workers' compensation Except as described in Section 1. Failure to apply for or report social security provided herein, sick leave or other applicable disability benefits to the Employer will result in the termination of the leave under Section 1.
Section 6. Employer-paid coverage for life insurance, hospital and medical insurance and supplemental benefits as provided in Articles 23 and 24 will continue for the period of time that the employee is on leave under Sections 1 and 13.
Section 7. An employee has the right to return to a position in the same or equivalent classification held before being disabled, for a period of up to three (3) years from the date the injury occurred provided the employee is fully capable of performing the duties of that position, subject to the furlough provisions of Article 28, Seniority. This guarantee expires if the disability ceases prior to the expiration of the three (3) year period and the employee does not return to work immediately or if the employee retires or otherwise terminates employment. During the period of time between the end of the leave under Section 1 or Section 13, where applicable, and the end of the guarantee in this Section, the employee will be on leave without pay.
Section 8. The compensation for disability retirement arising out of work-related injuries shall be in accordance with the State Employees' Retirement Code.
Section 9. An employee who sustains a work-related injury, during the period of this Agreement, if so determined by a decision issued under the operation of the Workers' Compensation Program, may use sick, annual, or personal leave for the purpose of continued medical treatment of the work-related injury in accordance with Articles 10, 12, and 13. If no paid leave is available, an employee may use leave without pay. Each absence shall not exceed the minimum amount of time necessary to obtain the medical treatment. Employees shall make reasonable efforts to schedule medical appointments during non-work hours or at times that will minimize absence from work. Verification of the length of the medical appointment may be required. This section is not applicable to any absence for which workers' compensation used when Worker's Compensation is payable. When workers' compensation is payable, the provisions of Section 1 shall apply.
Section 10. Sections 4, 6, and 8 of this Article shall not apply to temporary employees.
Section 11. The Employer agrees to the use of modified duty where the employee is able to work only in a limited capacity and the prognosis for the injury indicates that the employee will be able to resume all of the duties of the employee's classification in a reasonable period of time. The Employer may terminate a modified duty assignment when it becomes apparent that the employee will not be able to resume the full duties of the employee's classification within a reasonable period of time.
Section 12. Sections 1 through 11, and 13 of this Article shall not be applicable to employees whose injuries are within the scope of either Act 193 of 1935, P.L. 477, as amended, or Act 632 of 1959, P.L. 1718, as amended.
Section 13. An employee who is disabled due to a recurrence of a work-related injury after three (3) years from the date the injury occurred, or before three (3) years if the leave entitlement in Section 1 has been depleted, shall be entitled to use accumulated leave and injury leave without pay while disabled for a period of up to twelve (12) weeks. To be eligible to use injury leave without pay, the employee must have been at work at least 1250 hours within the previous twelve
Appears in 1 contract
Sources: Collective Bargaining Agreement
WORK-RELATED INJURIES. Section 1. An employee who sustains a work-related injury, during the period of this Agreement, as the result of which the employee is disabled, if so determined by a decision issued under the operation of the Workers' Compensation Program, shall be entitled to use accumulated sick, annual, or personal leave or injury leave without pay. While using accumulated leave, the employee will be paid a supplement to workers' compensation of full pay reduced by an amount that yields a net pay, including workers' compensation and social security disability benefits, that is equal to the employee's net pay immediately prior to the injury. Net pay prior to injury is defined as gross base pay minus federal, state, and local withholding, unemployment compensation tax, social security and retirement contributions. One (1) full day of accumulated leave (seven and one half [7 ½] or eight [8] hours as appropriate) will be charged for each day the supplement is paid. Accumulated leave and injury leave without pay may be used for an aggregate of twelve (12) months or for the duration of the disability, whichever is the lesser, except that, if only accumulated leave is used, it may be used beyond twelve (12) months until exhausted or until the disability ceases, whichever occurs sooner. In no case, however, will the aggregate of twelve (12) months extend beyond three (3) years from the date the injury occurred. If no leave is available under this Section, the provisions of Section 13 may apply.
Section 2. An employee who works a reduced number of hours (part-time) due to partial disability may use leave in accordance with Section 1. Pay for accumulated leave used will be calculated in accordance with Section 1, based on the net amount of lost earnings.
Section 3. Retirement credited service, for the period of time that the employee is using leave under this Article, shall be determined in accordance with the State Employees' Retirement Code.
Section 4. At the expiration of the leave under Section 1, if an employee continues to receive workers' compensation, the employee will be placed on leave without pay in accordance with Section 7 below and will not be entitled to receive Employer-paid benefits.
Section 5. An employee is required to refund to the Employer the amount of any overpayment. In no case shall an employee be entitled to full pay and workers' compensation and/or social security for the same period. The Employer shall recover any amount in excess of the paid supplement to workers' compensation as described in Section 1. Failure to apply for or report social security or other applicable disability benefits to the Employer will result in the termination of the leave under Section 1.
Section 6. Employer-paid coverage for life insurance, hospital and medical insurance and supplemental benefits as provided in Articles 23 and 24 will continue for the period of time that the employee is on leave under Sections 1 and 13.
Section 7. An employee has the right to return to a position in the same or equivalent classification held before being disabled, for a period of up to three (3) years from the date the injury occurred provided the employee is fully capable of performing the duties of that position, subject to the furlough provisions of Article 28, Seniority. This guarantee expires if the disability ceases prior to the expiration of the three (3) year period and the employee does not return to work immediately or if the employee retires or otherwise terminates employment. During the period of time between the end of the leave under Section 1 or Section 13, where applicable, and the end of the guarantee in this Section, the employee will be on leave without pay.
Section 8. The compensation for disability retirement arising out of work-related injuries shall be in accordance with the State Employees' Retirement Code.
Section 9. An employee who sustains a work-related injury, during the period of this Agreement, if so determined by a decision issued under the operation of the Workers' Compensation Program, may use sick, annual, or personal leave for the purpose of continued medical treatment of the work-related injury in accordance with Articles 10, 12, and 13. If no paid leave is available, an employee may use leave without pay. Each absence shall not exceed the minimum amount of time necessary to obtain the medical treatment. Employees shall make reasonable efforts to schedule medical appointments during non-work hours or at times that will minimize absence from work. Verification of the length of the medical appointment may be required. This section is not applicable to any absence for which workers' compensation is payable. When workers' compensation is payable, the provisions of Section 1 shall apply.
Section 10. Sections 4, 6, and 8 of this Article shall not apply to temporary employees.
Section 11. The Employer agrees to the use of modified duty where the employee is able to work only in a limited capacity and the prognosis for the injury indicates that the employee will be able to resume all of the duties of the employee's classification in a reasonable period of time. The Employer may terminate a modified duty assignment when it becomes apparent that the employee will not be able to resume the full duties of the employee's classification within a reasonable period of time.
Section 12. Sections 1 through 11, and 13 of this Article shall not be applicable to employees whose injuries are within the scope of either Act 193 of 1935, P.L. 477, as amended, or Act 632 of 1959, P.L. 1718, as amended.
Section 13. An employee who is disabled due to a recurrence of a work-related injury after three (3) years from the date the injury occurred, or before three (3) years if the leave entitlement in Section 1 has been depleted, shall be entitled to use accumulated leave and injury leave without pay while disabled for a period of up to twelve (12) weeks. To be eligible to use injury leave without pay, the employee must have been at work at least 1250 hours within the previous twelve
Appears in 1 contract
Sources: Collective Bargaining Agreement
WORK-RELATED INJURIES. Section 1. An employee who sustains a work-related injury, injury during the period term of this Agreement, as the a result of which the employee is disabled, if so determined by a decision issued under the operation of the Workers' Compensation Program, shall be entitled to use accumulated sick, annual, sick or personal leave or injury leave without pay. While using accumulated leave, the employee will be paid a supplement to workers' compensation of full pay reduced by an amount that yields a net pay, including workers' compensation and social security disability benefits, that is equal to the employee's net pay immediately prior to the injury. Net pay prior to injury is defined as gross base pay minus federal, state, and local withholding, unemployment compensation tax, and social security and retirement contributions. One (1) full day of accumulated leave (seven and one half [7 ½] or eight [8] hours as appropriate) will be charged for each day the supplement is paid. Accumulated leave and injury leave without pay may be used for an aggregate of twelve (12) 12 months or for the duration of the disability, whichever is the lesser, except that, if only accumulated leave is used, it may be used beyond twelve (12) 12 months until exhausted or until the disability ceases, whichever occurs sooner. In no case, however, will the aggregate of twelve (12) 12 months extend beyond three (3) years from the date the injury occurred. If no leave is available under this Section, the provisions of Section 13 10 may apply. The employee election to use or not use accumulated leave under this Section cannot be changed more than once.
Section 2. An employee who works a reduced number of hours (part-time) due to partial disability may use leave in accordance with Section 1. Pay for accumulated leave used will be calculated in accordance with Section 1, based on the net amount of lost earnings.
Section 3. Retirement credited service, service for the period of time that the employee is using leave under this Article, shall be determined in accordance with the State State/Public School Employees' Retirement Code.
Section 4. At the expiration of the leave under Section 1, if an employee continues to receive workers' compensation, the employee will be placed on leave without pay terminated in accordance with Section 7 below and will not be entitled to receive Employer-paid benefitsthe Public School Code of 1949.
Section 5. An employee is required to refund to the Employer the amount of any overpayment. In no case shall an employee be entitled to full pay and workers' compensation and/or social security for the same period. The Employer shall recover any amount in excess of the paid supplement to workers' compensation as described in Section 1. Failure to apply for or report social security or other applicable disability benefits to the Employer will result in the termination of the leave under Section 1.
Section 6. EmployerState-paid coverage for life insurance, hospital and medical insurance and supplemental benefits as provided in Articles 23 25 and 24 26, will continue for the period of time that the employee is on leave under Sections 1 and 1310.
Section 7. An employee has the right to return to a position in the same or equivalent classification held before being disabled, for a period of up to three (3) years from the date the injury occurred provided the employee is fully capable of performing the duties of that position, subject to the furlough provisions of Article 28, Seniority. This guarantee expires if the disability ceases prior to the expiration of the three (3) year period and the employee does not return to work immediately or if the employee retires or otherwise terminates employment. During the period of time between the end of the leave under Section 1 or Section 13, where applicable, and the end of the guarantee in this Section, the employee will be on leave without pay.
Section 8. The compensation for disability retirement arising out of work-related injuries shall be in accordance with the State Employees' Retirement Codeapplicable state law. It is understood that this Section is not applicable to retirement under TIAA-CREF.
Section 98. An employee who sustains a work-related injury, during the period of this Agreement, if so determined by a decision issued under the operation of the Workers' Compensation Program, may use sick, annual, sick or personal leave for the purpose of continued medical treatment of the work-related injury in accordance with Articles 10, 6 and 12, and 13. If no paid leave is available, an employee may use leave without pay. Each absence shall not exceed the minimum amount of time necessary to obtain the medical treatment. Employees shall make reasonable efforts to schedule medical appointments during non-work hours or at times that will minimize absence from work. Verification of the length of the medical appointment may be required. This section Section is not applicable to any absence for which workers' compensation is payable. When workers' compensation is payable, the provisions of Section 1 shall apply.
Section 109. Sections 4, 6, and 8 of this Article shall not apply to temporary employees.
Section 11. The Employer agrees to the use of modified duty where the employee is able to work only in a limited capacity and the prognosis for the injury indicates that the employee will be able to resume all of the duties of the employee's classification in a reasonable period of time. The Employer may terminate a modified duty assignment when it becomes apparent that the employee will not be able to resume the full duties of the employee's classification within a reasonable period of time.
Section 12. Sections 1 through 11, and 13 of this This Article shall not be applicable to employees whose injuries are within the scope of either Act 193 of 1935, P.L. 477, as amendedamended , or Act 632 of 1959, P.L. 1718, as amended. If an employee retires under TIAA-CREF, benefits under this Article shall cease.
Section 1310. An employee who is disabled due to a recurrence of a work-related injury after three (3) years from the date the injury occurred, or before three (3) years if the leave entitlement in Section 1 has been depleted, shall be entitled to use accumulated leave and injury leave without pay while disabled for a period of up to twelve (12) 12 weeks. To be eligible to use injury leave without pay, the employee must have been at work at least 1250 hours 90 days within the previous twelve12 months. The 12 week period will be reduced by any other leave used within the previous 12 months that was designated as leave under the provisions of the Family and Medical Leave Act. If only accumulated leave is used, it may be used beyond 12 weeks until exhausted or until the disability ceases, whichever occurs sooner. While using accumulated leave, the leave will be charged and paid in accordance with Section 1.
Section 11. It is understood by both parties that the provisions of this Article are consistent with the Family and Medical Leave Act of 1993, USC Section, 2601 et seq. and that leave granted in accordance with Sections 1 and 10 shall be designated as leave under the provisions of the Act.
Appears in 1 contract
Sources: Collective Bargaining Agreement
WORK-RELATED INJURIES. Section 1. An employee who sustains a work-related injury, injury during the period term of this Agreement, Agreement as the a result of which the employee is disabled, if so determined by a decision issued under the operation of the Workers' Compensation Program, shall be entitled to use accumulated sick, annual, or personal leave or injury leave without pay. While using accumulated leave, the employee will be paid a supplement to workersWorkers' compensation Compensation of full pay reduced by an amount that yields a net pay, including workersWorkers' compensation Compensation and social security disability benefitsSocial Security Disability Benefits, that is equal to the employee's net pay immediately prior to the injury. Net pay prior to injury is defined as gross base pay minus federal, state, and local withholding, unemployment compensation tax, social security Social Security and retirement contributions. One (1) full day of accumulated leave (seven and one half [7 ½] 7.5 or eight [8] 8 hours as appropriate) will be charged for each day the supplement is paid. Accumulated leave and injury leave without pay may be used for an aggregate of twelve (12) l2 months or for the duration of the disability, whichever is the lesser, except that, if only accumulated leave is used, it may be used beyond twelve (12) 12 months until exhausted or until the disability ceases, whichever occurs sooner. In no case, however, case however will the aggregate of twelve (12) months extend beyond three (3) years from the date the injury occurred. If no leave is available under this Section, the provisions of Section 13 may apply.l2
Section 2. An employee who works a reduced number of hours (part-time) due to partial disability may use leave in accordance with Section 1. Pay for accumulated leave used will be calculated in accordance with Section 1, based on the net amount of lost earnings.
Section 3. Retirement credited service, service for the period of time that the employee is using leave under this Article, shall be determined in accordance with the State EmployeesEmployes' Retirement Code.
Section 4. At the expiration of the leave under Section 1, if an employee continues to receive workersWorkers' compensationCompensation, the employee will be placed on leave without pay in accordance with Section 7 below and will not be entitled to receive Employerstate-paid coverage for life insurance and state payments toward coverage for health benefits.
Section 5. An employee is required to refund to the Employer the amount of any overpayment. In no case shall an employee be entitled to full pay and workersWorkers' compensation Compensation and/or social security Social Security for the same period. The Employer shall recover any amount in excess of the paid supplement to workers' compensation as described in Section 1. Failure to apply for or report social security Social Security or other applicable disability benefits to the Employer will result in the termination of the leave under Section 1.
Section 6. EmployerState-paid coverage for life insurance, hospital and medical insurance and supplemental state payments toward coverage for health benefits as provided in Articles 23 20 and 24 2l, will continue for the period of time that the employee is on leave under Sections 1 and 1312.
Section 7. An employee has the right to return to a position in the same or equivalent classification held before being disabled, for a period of up to three (3) years from the date the injury occurred provided the employee is fully capable of performing the duties of that position, subject to the furlough provisions of Article 2825, Seniority. This guarantee expires if the disability ceases prior to the expiration of the three (3) year period and the employee does not return to work immediately or if the employee retires or otherwise terminates employment. During the period of time between the end of the leave under Section 1 or Section 1312, where applicable, applicable and the end of the guarantee in this Sectionsection, the employee will be on leave without pay.
Section 8. The compensation for disability retirement arising out of work-related injuries shall be in accordance with the State EmployeesEmployes' Retirement Code.
Section 9. An employee who sustains a work-related injury, during the period of this Agreement, if so determined by a decision issued under the operation of the Workers' Compensation Program, may use sick, annual, or personal leave for the purpose of continued medical treatment of the work-related injury in accordance with Articles 8, 10, 12, and 1311. If no paid leave is available, an employee may use leave without pay. Each absence shall not exceed the minimum amount of time necessary to obtain the medical treatment. Employees shall make reasonable efforts to schedule medical appointments during non-work hours or at times that will minimize absence from work. Verification of the length of the medical appointment may be required. This section is not applicable to any absence for which workersWorkers' compensation Compensation is payable. When workersWorkers' compensation Compensation is payable, the provisions of Section 1 shall apply.
Section 10. Sections 4, 6, and 8 of this Article shall not apply to temporary employees.
Section 11. The Employer agrees to the use of modified duty where the employee is able to work only in a limited capacity and the prognosis for the injury indicates that the employee will be able to resume all of the duties of the employee's classification in a reasonable period of time. The Employer may terminate a modified duty assignment when it becomes apparent that the employee will not be able to resume the full duties of the employee's classification within a reasonable period of time.
Section 12. Sections 1 through 1110, and 13 12 of this Article shall not be applicable to employees whose injuries are within the scope of either Act 193 l93 of 1935l935, P.L. 477, as amended, or Act 632 of 1959l959, P.L. 1718l7l8, as amended.
Section 1312. An employee who is disabled due to a recurrence of a work-related injury after three (3) years from the date the injury occurred, or before three (3) years if the leave entitlement in Section 1 has been depleted, shall be entitled to use accumulated leave and injury leave without pay while disabled for a period of up to twelve (12) 12 weeks. To be eligible to use injury leave without pay, the employee must have been at work at least 1250 hours within the previous twelve12 months. The 12 week period will be reduced by any other leave used within the previous 12 months that was designated as leave under the provisions of the Family and Medical Leave Act. If only accumulated leave is used, it may be used beyond 12 weeks until exhausted or until the disability ceases, whichever occurs sooner. While using accumulated leave, the leave will be charged and paid in accordance with Section 1.
Section 13. It is understood by both parties that the provisions of this Article are consistent with the Family and Medical Leave Act of 1993, USC Section 2601 et seq. and that leave granted in accordance with Sections 1and 12, shall be designated as leave under the provisions of the Act.
Section 14. It is understood by both parties that the provisions of this Article are consistent with the Americans with Disabilities Act.
Appears in 1 contract
Sources: Collective Bargaining Agreement
WORK-RELATED INJURIES. Section 1. An employee who sustains a work-related injury, during the period of this Agreement, as the result of which the employee is disabled, if so determined by a decision issued under the operation of the Workers' Compensation Program, shall be entitled to use accumulated sick, annual, or personal leave or injury leave without pay. While using accumulated leave, the employee will be paid a supplement to workers' compensation of full pay reduced by an amount that yields a net pay, including workers' compensation and social security disability benefits, that is equal to the employee's net pay immediately prior to the injury. Net pay prior to injury is defined as gross base pay minus federal, state, and local withholding, unemployment compensation tax, social security and retirement contributions. One (1) full day of accumulated leave (seven and one half [7 ½] or eight [8] hours as appropriate) will be charged for each day the supplement is paid. Accumulated leave and injury leave without pay may be used for an aggregate of twelve (12) months or for the duration of the disability, whichever is the lesser, except that, if only accumulated leave is used, it may be used beyond twelve (12) months until exhausted or until the disability ceases, whichever occurs sooner. In no case, however, will the aggregate of twelve (12) months extend beyond three (3) years from the date the injury occurred. If no leave is available under this Section, the provisions of Section 13 may apply.accumulated
Section 2. An employee who works a reduced number of hours (part-time) due to partial disability may use leave in accordance with Section 1. Pay for accumulated leave used will be calculated in accordance with Section 1, based on the net amount of lost earnings.
Section 3. Retirement credited service, for the period of time that the employee is using leave under this Article, shall be determined in accordance with the State Employees' Retirement Code.
Section 4. At the expiration of the leave under Section 1, if an employee continues to receive workers' compensation, the employee will be placed on leave without pay in accordance with Section 7 below and will not be entitled to receive Employer-paid benefits.
Section 5. An employee is required to refund to the Employer the amount of any overpayment. In no case shall an employee be entitled to full pay and workers' compensation and/or social security for the same period. The Employer shall recover any amount in excess of the paid supplement to workers' compensation as described in Section 1. Failure to apply for or report social security or other applicable disability benefits to the Employer will result in the termination of the leave under Section 1.
Section 6. Employer-paid coverage for life insurance, hospital and medical insurance and supplemental benefits as provided in Articles 23 and 24 will continue for the period of time that the employee is on leave under Sections 1 and 13.
Section 7. An employee has the right to return to a position in the same or equivalent classification held before being disabled, for a period of up to three (3) years from the date the injury occurred provided the employee is fully capable of performing the duties of that position, subject to the furlough provisions of Article 28, Seniority. This guarantee expires if the disability ceases prior to the expiration of the three (3) year period and the employee does not return to work immediately or if the employee retires or otherwise terminates employment. During the period of time between the end of the leave under Section 1 or Section 13, where applicable, and the end of the guarantee in this Section, the employee will be on leave without pay.
Section 8. The compensation for disability retirement arising out of work-related injuries shall be in accordance with the State Employees' Retirement Code.
Section 9. An employee who sustains a work-related injury, during the period of this Agreement, if so determined by a decision issued under the operation of the Workers' Compensation Program, may use sick, annual, or personal leave for the purpose of continued medical treatment of the work-related injury in accordance with Articles 10, 12, and 13. If no paid leave is available, an employee may use leave without pay. Each absence shall not exceed the minimum amount of time necessary to obtain the medical treatment. Employees shall make reasonable efforts to schedule medical appointments during non-work hours or at times that will minimize absence from work. Verification of the length of the medical appointment may be required. This section is not applicable to any absence for which workers' compensation is payable. When workers' compensation is payable, the provisions of Section 1 shall apply.
Section 10. Sections 4, 6, and 8 of this Article shall not apply to temporary employees.
Section 11. The Employer agrees to the use of modified duty where the employee is able to work only in a limited capacity and the prognosis for the injury indicates that the employee will be able to resume all of the duties of the employee's classification in a reasonable period of time. The Employer may terminate a modified duty assignment when it becomes apparent that the employee will not be able to resume the full duties of the employee's classification within a reasonable period of time.
Section 12. Sections 1 through 11, and 13 of this Article shall not be applicable to employees whose injuries are within the scope of either Act 193 of 1935, P.L. 477, as amended, or Act 632 of 1959, P.L. 1718, as amended.
Section 13. An employee who is disabled due to a recurrence of a work-related injury after three (3) years from the date the injury occurred, or before three (3) years if the leave entitlement in Section 1 has been depleted, shall be entitled to use accumulated leave and injury leave without pay while disabled for a period of up to twelve (12) weeks. To be eligible to use injury leave without pay, the employee must have been at work at least 1250 hours within the previous twelve
Appears in 1 contract
Sources: Collective Bargaining Agreement
WORK-RELATED INJURIES. Section 1. An employee who sustains a work-related injury, during the period of this Agreement, as the result of which the employee is disabled, if so determined by a decision issued under the operation of the Workers' Compensation Program, shall be entitled to use accumulated sick, annual, or personal leave or injury leave without pay. While using accumulated leave, the employee will be paid a supplement to workers' compensation of full pay reduced by an amount that yields a net pay, including workers' compensation and social security disability benefits, that is equal to the employee's net pay immediately prior to the injury. Net pay prior to injury is defined as gross base pay minus federal, state, and local withholding, unemployment compensation tax, social security and retirement contributions. One (1) full day of accumulated leave (seven and one half [7 ½] or eight [8] hours as appropriate) will be charged for each day the supplement is paid. Accumulated leave and injury leave without pay may be used for an aggregate of twelve (12) months or for the duration of the disability, whichever is the lesser, except that, if only accumulated leave is used, it may be used beyond twelve (12) months until exhausted or until the disability ceases, whichever occurs sooner. In no case, however, will the aggregate of twelve (12) months extend beyond three (3) years from the date the injury occurred. If no leave is available under this Section, the provisions of Section 13 may apply.
Section 2. An employee who works a reduced number of hours (part-time) due to partial disability may use leave in accordance with Section 1. Pay for accumulated leave used will be calculated in accordance with Section 1, based on the net amount of lost earnings.
Section 3. Retirement credited service, for the period of time that the employee is using leave under this Article, shall be determined in accordance with the State Employees' Retirement Code.
Section 4. At the expiration of the leave under Section 1, if an employee continues to receive workers' compensation, the employee will be placed on leave without pay in accordance with Section 7 below and will not be entitled to receive Employer-paid benefits.
Section 5. An employee is required to refund to the Employer the amount of any overpayment. In no case shall an employee be entitled to full pay and workers' compensation and/or social security for the same period. The Employer shall recover any amount in excess of the paid supplement to workers' compensation as described in Section 1. Failure to apply for or report social security or other applicable disability benefits to the Employer will result in the termination of the leave under Section 1.
Section 6. Employer-paid coverage for life insurance, hospital and medical insurance and supplemental benefits as provided in Articles 23 and 24 will continue for the period of time that the employee is on leave under Sections 1 and 13.
Section 7. An employee has the right to return to a position in the same or equivalent classification held before being disabled, for a period of up to three (3) years from the date the injury occurred provided the employee is fully capable of performing the duties of that position, subject to the furlough provisions of Article 28, Seniority. This guarantee expires if the disability ceases prior to the expiration of the three (3) year period and the employee does not return to work immediately or if the employee retires or otherwise terminates employment. During the period of time between the end of the leave under Section 1 or Section 13, where applicable, and the end of the guarantee in this Section, the employee will be on leave without pay.
Section 8. The compensation for disability retirement arising out of work-related injuries shall be in accordance with the State Employees' Retirement Code.
Section 9. An employee who sustains a work-related injury, during the period of this Agreement, if so determined by a decision issued under the operation of the Workers' Compensation Program, may use sick, annual, or personal leave for the purpose of continued medical treatment of the work-related injury in accordance with Articles 10, 12, and 13. If no paid leave is available, an employee may use leave without pay. Each absence shall not exceed the minimum amount of time necessary to obtain the medical treatment. Employees shall make reasonable efforts to schedule medical appointments during non-work hours or at times that will minimize absence from work. Verification of the length of the medical appointment may be required. This section is not applicable to any absence for which workers' compensation is payable. When workers' compensation is payable, the provisions of Section 1 shall apply.
Section 10. Sections 4, 6, and 8 of this Article shall not apply to temporary employees.
Section 11. The Employer agrees to the use of modified duty where the employee is able to work only in a limited capacity and the prognosis for the injury indicates that the employee will be able to resume all of the duties of the employee's classification in a reasonable period of time. The Employer may terminate a modified duty assignment when it becomes apparent that the employee will not be able to resume the full duties of the employee's classification within a reasonable period of time.
Section 12. Sections 1 through 11, and 13 of this Article shall not be applicable to employees whose injuries are within the scope of either Act 193 of 1935, P.L. 477, as amended, or Act 632 of 1959, P.L. 1718, as amended.
Section 13. An employee who is disabled due to a recurrence of a work-related injury after three (3) years from the date the injury occurred, or before three (3) years if the leave entitlement in Section 1 has been depleted, shall be entitled to use accumulated leave and injury leave without pay while disabled for a period of up to twelve (12) weeks. To be eligible to use injury leave without pay, the employee must have been at work at least 1250 hours within the previous twelve
Appears in 1 contract
Sources: Collective Bargaining Agreement
WORK-RELATED INJURIES. Section 1. An employee who sustains a work-related injury, injury during the period term of this Agreement, Agreement as the a result of which the employee is disabled, if so determined by a decision issued under the operation of the Workers' Compensation Program, shall be entitled to use accumulated sick, annual, or personal leave or injury leave without pay. While using accumulated leave, the employee will be paid a supplement to workersWorkers' compensation Compensation of full pay reduced by an amount that yields a net pay, including workersWorkers' compensation Compensation and social security disability benefitsSocial Security Disability Benefits, that is equal to the employee's net pay immediately prior to the injury. Net pay prior to injury is defined as gross base pay minus federal, state, and local withholding, unemployment compensation tax, social security Social Security and retirement contributions. One (1) full day of accumulated leave (seven and one half [7 ½] 7.5 or eight [8] 8 hours as appropriate) will be charged for each day the supplement is paid. Accumulated leave and injury leave without pay may be used for an aggregate of twelve (12) l2 months or for the duration of the disability, whichever is the lesser, except that, if only accumulated leave is used, it may be used beyond twelve (12) 12 months until exhausted or until the disability ceases, whichever occurs sooner. In no case, however, case however will the aggregate of twelve (12) l2 months extend beyond three (3) years from the date the injury occurred. If no leave is available under this Section, the provisions of Section 13 12 may apply.
Section 2. An employee who works a reduced number of hours (part-time) due to partial disability may use leave in accordance with Section 1. Pay for accumulated leave used will be calculated in accordance with Section 1, based on the net amount of lost earnings.
Section 3. Retirement credited service, service for the period of time that the employee is using leave under this Article, shall be determined in accordance with the State EmployeesEmployes' Retirement Code.
Section 4. At the expiration of the leave under Section 1, if an employee continues to receive workersWorkers' compensationCompensation, the employee will be placed on leave without pay in accordance with Section 7 below and will not be entitled to receive Employer-paid benefits.with
Section 5. An employee is required to refund to the Employer the amount of any overpayment. In no case shall an employee be entitled to full pay and workersWorkers' compensation Compensation and/or social security Social Security for the same period. The Employer shall recover any amount in excess of the paid supplement to workers' compensation as described in Section 1. Failure to apply for or report social security Social Security or other applicable disability benefits to the Employer will result in the termination of the leave under Section 1.
Section 6. EmployerState-paid coverage for life insurance, hospital and medical insurance and supplemental state payments toward coverage for health benefits as provided in Articles 23 20 and 24 2l, will continue for the period of time that the employee is on leave under Sections 1 and 1312.
Section 7. An employee has the right to return to a position in the same or equivalent classification held before being disabled, for a period of up to three (3) years from the date the injury occurred provided the employee is fully capable of performing the duties of that position, subject to the furlough provisions of Article 2825, Seniority. This guarantee expires if the disability ceases prior to the expiration of the three (3) year period and the employee does not return to work immediately or if the employee retires or otherwise terminates employment. During the period of time between the end of the leave under Section 1 or Section 13Sections 12, where applicable, applicable and the end of the guarantee in this Sectionsection, the employee will be on leave without pay. Disabled employees receiving Workers' Compensation will be notified 90 days prior to the expiration of the three year period. The notification will include information concerning the employee's right to apply for disability retirement, if eligible. If the employee does not receive 90 days notice, the employee's right to return will not be extended. However, the leave without pay will be extended for 90 days from the date of notification to enable the employee if eligible to apply for disability retirement. The right of return for temporary employees shall be limited to the scheduled duration of the temporary employment.
Section 8. The compensation for disability retirement arising out of work-related injuries shall be in accordance with the State EmployeesEmployes' Retirement Code.
Section 9. An employee who sustains a work-related injury, during the period of this Agreement, if so determined by a decision issued under the operation of the Workers' Compensation Program, may use sick, annual, or personal leave for the purpose of continued medical treatment of the work-related injury in accordance with Articles 8, 10, 12, and 1311. If no paid leave is available, an employee may use leave without pay. Each absence shall not exceed the minimum amount of time necessary to obtain the medical treatment. Employees shall make reasonable efforts to schedule medical appointments during non-work hours or at times that will minimize absence from work. Verification of the length of the medical appointment may be required. This section is not applicable to any absence for which workersWorkers' compensation Compensation is payable. When workers' compensation is payable, the provisions of Section 1 shall apply.Workers'
Section 10. Sections 4, 6, and 8 of this Article shall not apply to temporary employees.
Section 11. The Employer agrees to the use of modified duty where the employee is able to work only in a limited capacity and the prognosis for the injury indicates that the employee will be able to resume all of the duties of the employee's classification in a reasonable period of time. The Employer may terminate a modified duty assignment when it becomes apparent that the employee will not be able to resume the full duties of the employee's classification within a reasonable period of time.
Section 12. Sections 1 through 1110, and 13 12 of this Article shall not be applicable to employees whose injuries are within the scope of either Act 193 l93 of 1935l935, P.L. 477, as amended, or Act 632 of 1959l959, P.L. 1718l7l8, as amended.
Section 1312. An employee who is disabled due to a recurrence of a work-related injury after three (3) years from the date the injury occurred, or before three (3) years if the leave entitlement in Section 1 has been depleted, shall be entitled to use accumulated leave and injury leave without pay while disabled for a period of up to twelve (12) 12 weeks. To be eligible to use injury leave without pay, the employee must have been at work at least 1250 hours within the previous twelve12 months. The 12 week period will be reduced by any other leave used within the previous 12 months that was designated as leave under the provisions of the Family and Medical Leave Act. If only accumulated leave is used, it may be used beyond 12 weeks until exhausted or until the disability ceases, whichever occurs sooner. While using accumulated leave, the leave will be charged and paid in accordance with Section 1.
Section 13. It is understood by both parties that the provisions of this Article are consistent with the Family and Medical Leave Act of 1993, USC Section 2601 et seq. and that leave granted in accordance with Sections 1and 12, shall be designated as leave under the provisions of the Act.
Section 14. It is understood by both parties that the provisions of this Article are consistent with the Americans with Disabilities Act.
Appears in 1 contract
Sources: Collective Bargaining Agreement
WORK-RELATED INJURIES. Section 1. a. An employee who sustains a work-related injury, during the period of this Agreementagreement, as the result of which the employee is disabled, if so determined by a decision issued under the operation of the Workers' Compensation Program, shall be entitled to use accumulated sick, annual, or personal leave or injury leave without pay. While using accumulated leave, the employee will be paid a supplement to workers' compensation of full pay reduced by an amount that yields a net pay, including workers' compensation and social security disability benefits, that is equal to the employee's net pay immediately prior to the injury. Net pay prior to injury is defined as gross base pay minus federal, state, and local withholding, unemployment compensation tax, social security and retirement contributions. One (1) full day of accumulated leave (seven and one half [7 ½] 7.5 or eight [8] 8 hours as appropriate) will be charged for each day the supplement is paid. Accumulated leave and injury leave without pay may be used for an aggregate of twelve nine (129) months (274 calendar days) or for the duration of the disability, whichever is the lesser, except that, if only accumulated leave is used, it may be used beyond twelve nine (129) months (274 calendar days) until exhausted or until the disability ceases, whichever occurs sooner. In no case, however, will the aggregate of twelve nine (129) months (274 calendar days) extend beyond three (3) years from the date the injury occurred. If no leave is available under this Section, the provisions of Section 13 11 may apply.
b. State-paid coverage for life insurance and state payments toward coverage for health benefits as provided in Articles 17 and 18 will continue for the period of time that the employee is on leave under Sections 1.a. and 10 and for the first 13 weeks (91 calendar days) after leave under
Section 1.a. expires if the employee remains disabled, provided that the employee’s right of return under Section 6 has not expired.
Section 2. An employee who works a reduced number of hours (part-time) due to partial disability may use leave in accordance with Section 11.a. Pay for accumulated leave used will be calculated in accordance with Section 11.a., based on the net amount of lost earnings.
Section 3. Retirement credited service, service for the period of time that the employee is using leave under this Article, Article shall be determined in accordance with the State Employees' Retirement Code.
Section 4. At the expiration of the leave under Section 1, 1.a. if an employee continues to receive workers' compensation, the employee will be placed on leave without pay in accordance with Section 7 below and will not be entitled to receive Employer-paid benefits6 below.
Section 5. An employee is required to refund to the Employer the amount of any overpayment. In no case shall an employee be entitled to full pay and workers' compensation and/or social security for the same period. The Employer shall recover any amount in excess of the paid supplement to workers' compensation as described in Section 11.a. Failure to apply for or report social security or other applicable disability benefits to the Employer will result in the termination of the leave under Section 11.a.
Section 6. Employer-paid coverage for life insurance, hospital and medical insurance and supplemental benefits as provided in Articles 23 and 24 will continue for the period of time that the employee is on leave under Sections 1 and 13.
Section 7. An employee has the right to return to a position in the same or equivalent classification held before being disabled, for a period of up to three (3) years from the date the injury occurred provided the employee is fully capable of performing the duties of that position, subject to the furlough provisions of Article 2823, Seniority. This guarantee expires if the disability ceases prior to the expiration of the three (3) year period and the employee does not return to work immediately or if the employee retires or otherwise terminates employment. During the period of time between the end of the leave under Section 1 1.a. or Section 1310, where applicable, and the end of the guarantee in this Section, the employee will be on leave without pay.
Section 87. The compensation for disability retirement arising out of work-related injuries shall be in accordance with the State Employees' Retirement Code.
Section 98. An employee who sustains a work-related injury, during the period of this Agreement, if so determined by a decision issued under the operation of the Workers' Compensation Program, may use sick, annual, or personal leave for the purpose of continued medical treatment of the work-related injury in accordance with Articles 108, 12, 9 and 1311. If no paid leave is available, an employee may use leave without pay. Each absence shall not exceed the minimum amount of time necessary to obtain the medical treatment. Employees shall make reasonable efforts to schedule medical appointments during non-work hours or at times that will minimize absence from work. Verification of the length of the medical appointment may be required. This section Section is not applicable to any absence for which workers' compensation is payable. When workers' compensation is payable, the provisions of Section 1 shall apply.
Section 10. Sections 4, 6, and 8 of this Article shall not apply to temporary employees.
Section 11. The Employer agrees to the use of modified duty where the employee is able to work only in a limited capacity and the prognosis for the injury indicates that the employee will be able to resume all of the duties of the employee's classification in a reasonable period of time. The Employer may terminate a modified duty assignment when it becomes apparent that the employee will not be able to resume the full duties of the employee's classification within a reasonable period of time.
Section 129. Sections 1 through 11, 8 and 10 through 13 of this Article shall not be applicable to employees whose injuries are within the scope of either Act 193 of 1935, P.L. 477, as amended, or Act 632 of 1959, P.L. 1718, as amended.
Section 1310. An employee who is disabled due to a recurrence of a work-related injury after three (3) years from the date the injury occurred, or before three (3) years if the leave entitlement in Section 1 has been depleted, shall be entitled to use accumulated leave and injury leave without pay while disabled for a period of up to twelve (12) 12 weeks. To be eligible to use injury leave without pay, the employee must have been at work at least 1250 hours within the previous twelve12 months. The 12 week period will be reduced by any other leave used within the previous 12 months that was designated as leave under the provisions of the Family and Medical Leave Act. If only accumulated leave is used, it may be used beyond 12 weeks until exhausted or until the disability ceases, whichever occurs sooner. While using accumulated leave, the leave will be charged and paid in accordance with Section 1.a.
Section 11. It is understood by both parties that the provisions of this Article are consistent with the Family and Medical Leave Act of 1993, 29 USC Sections 2601 et seq. and that leave granted in accordance with Sections 1 and 10 shall be designated as leave under the provisions of the Act.
Section 12. It is understood by both parties that the provisions of this Article are consistent with the Americans with Disabilities Act.
Section 13. Should the Patient Protection and Affordable Care Act of 2010, 42 USC, § 18001 et seq. or its regulations be modified or interpreted to not provide an additional 91 calendar days of benefits, as described in Section 1.b. of this Article, it is agreed that the health and life insurance entitlements outlined in this Article will not be diminished.
Appears in 1 contract
Sources: Collective Bargaining Agreement
WORK-RELATED INJURIES. Section 1. A. An employee who sustains a work-related injury, injury during the period of this Agreement, Agreement as the a result of which the employee he/she is disabled, if so determined by a decision issued under the operation of the Workers' Compensation Program, shall be entitled to use accumulated sick, annual, or personal leave or injury leave without pay. While using accumulated leave, the employee will be paid a supplement to workers' compensation of full pay reduced by an amount that yields a net pay, including workers' compensation and social security disability benefits, that is equal to the employee's net pay immediately prior to the injury. Net pay prior to the injury is defined as gross base pay minus federal, state, state and local withholding, unemployment compensation tax, social security and retirement contributions. One (1) full day of accumulated leave (seven and one half [7 ½] or eight [8] hours as appropriate7.5 hours) will be charged for each day the supplement is paid. Accumulated leave and injury leave without pay may be used for an aggregate of twelve (12) 12 months or for the duration of the disability, whichever is the lesser, except that, if only accumulated leave is used, it may be used beyond twelve (12) 12 months until exhausted or until the disability ceases, whichever occurs sooner. In no case, however, case will the aggregate of twelve (12) 12 months extend beyond three (3) years from the date the injury occurred. If no leave is available under this Section, the provisions of Section 13 K. may apply. The employee election to use or not use accumulated leave under this Section cannot be changed more than once.
Section 2. B. An employee who works a reduced number of hours (part-time) due to partial disability may use leave in accordance with Section 1. A. Pay for accumulated leave used will be calculated in accordance with Section 1A., based on the net amount of lost earnings.
Section 3. C. Retirement credited service, service for the period of time that the employee is using leave under this Article, Article shall be determined in accordance with the State Employees' Retirement Code.
Section 4. D. At the expiration of the leave under Section 1A., if an employee continues to receive workers' compensation, the employee will be placed on leave without pay in accordance with Section 7 G. below and will not be entitled to receive Employerstate-paid coverage for life insurance and state payments toward coverage for health benefits.
Section 5. E. An employee is required to refund to the Employer the amount of any overpayment. In no case shall an employee be entitled to full pay and workers' compensation and/or social security for the same period. The Employer shall recover any amount in excess of the paid supplement to workers' compensation as described in Section 1. A. Failure to apply for or report social security or other applicable disability benefits to the Employer will result in the termination of the leave under Section 1.A.
Section 6. EmployerF. State-paid coverage for life insurance, hospital and medical insurance and supplemental state payments toward coverage for health benefits as provided in Articles 23 20 and 24 21 and contributions to the Health and Welfare Fund in accordance with Article 19 will continue for the period of time that the employee is on leave under Sections 1 A. and 13.K.
Section 7. G. An employee has the right to return to a position in the same or equivalent classification held before being disabled, for a period of up to three (3) years from the date the injury occurred provided the employee is fully capable of performing the duties of that position, subject to the furlough provisions of Article 289, SeniorityFurloughs, Hiring, Promotions, Demotions, Rehiring and Transfers. This guarantee expires if the disability ceases prior to the expiration of the three (3) year period and the employee does not return to work immediately or if the employee retires or otherwise terminates employment. During the period of time between the end of the leave under Section 1 A. or Section 13, K where applicable, and the end of the guarantee in this Section, the employee will be on leave without pay. During the three-year period, employees who are not fully capable of performing the duties of their position shall have, upon request, a right to return to an available position in a lower classification to which there are no seniority claims and which the agency intends to fill, provided the employee meets the minimum requirements and qualifications essential to the work of the classification and the employee is fully capable of performing the duties of the position. If an employee returns to a position in a lower classification, the employee will be demoted in accordance with the Commonwealth's Personnel Rules, but shall maintain the right to return to a position in the same or equivalent classification held before being disabled, for a period of up to three years from the date the injury occurred, provided the employee is fully capable of performing the duties of that position, subject to the furlough provisions of Article 9, Furloughs, Hiring, Promotions, Demotions, Rehiring and Transfers. Disabled employees receiving workers' compensation will be notified 90 days prior to the expiration of the three year period. The notification will include information concerning the employee's right to apply for disability retirement, if eligible. If the employee does not receive 90 days notice, the employee's right to return will not be extended. However, the leave without pay will be extended for 90 days from the date of notification to enable the employee, if eligible, to apply for disability retirement.
Section 8. H. The compensation for disability retirement arising out of work-related injuries shall be in accordance with the State Employees' Retirement Code.
Section 9. An employee who sustains a work-related injury, during the period of this Agreement, if so determined by a decision issued under the operation of the Workers' Compensation Program, may use sick, annual, or personal leave for the purpose of continued medical treatment of the work-related injury in accordance with Articles 10, 12, and 13. If no paid leave is available, an employee may use leave without pay. Each absence shall not exceed the minimum amount of time necessary to obtain the medical treatment. Employees shall make reasonable efforts to schedule medical appointments during non-work hours or at times that will minimize absence from work. Verification of the length of the medical appointment may be required. This section is not applicable to any absence for which workers' compensation is payable. When workers' compensation is payable, the provisions of Section 1 shall apply.
Section 10. Sections 4, 6, and 8 of this Article shall not apply to temporary employees.
Section 11. I. The Employer Commonwealth agrees to the use of modified duty where the employee is able to work only in a limited capacity and the prognosis for the injury indicates that the employee will be able to resume all of the duties of the employee's classification in a reasonable period of time. The Employer may terminate a modified duty assignment when it becomes apparent that the employee will not be able to resume the full duties of the employee's classification within a reasonable period of time. Under the modified duty concept, the employee will be retained without loss of pay or status. The Employer may assign the employee duties outside their classification and bargaining unit. To facilitate the implementation of modified duty assignments, schedule and assignment changes may be implemented as soon as practicable. If the employee is unable to resume all of the duties of the employee's classification within a reasonable period of time, the Employer may demote or laterally reclassify the employee to an appropriate classification, taking into account the duties and responsibilities the employee is capable of performing and subject to the protections afforded by Federal and State Statutes.
Section 12. Sections 1 through 11J. An employee who sustains a work-related injury, during the period of this Agreement, if so determined by a decision issued under the operation of the Workers' Compensation Program, may use sick, annual, or personal leave for the purpose of continued medical treatment of the work- related injury in accordance with Articles 16, 17, and 13 of this Article 18. If no paid leave is available, an employee may use leave without pay. Each absence shall not exceed the minimum amount of time necessary to obtain the medical treatment. Employees shall make reasonable efforts to schedule medical appointments during non-work hours or at times that will minimize absence from work. Verification of the length of the medical appointment may be required. This Section is not applicable to employees whose injuries are within any absence for which workers' compensation is payable. When workers' compensation is payable, the scope provisions of either Act 193 of 1935, P.L. 477, as amended, or Act 632 of 1959, P.L. 1718, as amendedSection A. shall apply.
Section 13. K. An employee who is disabled due to a recurrence of a work-related injury after three (3) years from the date the injury occurred, or before three (3) years if the leave entitlement in Section 1 A has been depleted, shall be entitled to use accumulated leave and injury leave without pay while disabled for a period of up to twelve (12) 12 weeks. To be eligible to use injury leave without pay, the employee must have been at work at least 1250 hours within the previous twelve12 months. The 12 week period will be reduced by any other leave used within the previous 12 months that was designated as leave under the provisions of the Family and Medical Leave Act. If only accumulated leave is used, it may be used beyond 12 weeks until exhausted or until the disability ceases, whichever occurs sooner. While using accumulated leave, the leave will be charged and paid in accordance with Section A.
L. It is understood by both parties that the provisions of this Article are consistent with the Family and Medical Leave Act of 1993, USC Sections 2601 et seq. and that leave granted in accordance with Sections A. and K. shall be designated as leave under the provisions of the Act.
M. It is understood by both parties that the provisions of this Article are consistent with the Americans with Disabilities Act.
Appears in 1 contract
Sources: Collective Bargaining Agreement