SMCCE 17.4 Job Incurred Disability Leave

(1) Job Incurred Disability Leave With Pay

(a) Definition: Job incurred disability leave with pay is an employee’s absence from duty with pay because of disability caused by illness or injury arising out of and in the course of his/her employment which has been declared to be compensable under the Workers’ Compensation Law. Only permanent or probationary employees occupying permanent positions are eligible for job incurred disability leave with pay. Job incurred disability leave runs concurrently with other applicable statutory leaves, including FMLA and CFRA.

(b) Payment: Payment of job incurred disability leave shall be at the base pay of the employee, and shall be reduced by the amount of temporary disability indemnity received, pursuant to Workers’ Compensation Law.

(c) Application for and Approval of Job Incurred Disability Leave With Pay: To receive pay for job incurred disability leave an employee must submit a request on the prescribed form to his/her department head describing the illness or accident and all information required for the department head to evaluate the request. The employee must attach a statement from a physician certifying to the nature, extent and probable period of illness or disability.

No job incurred disability leave with pay may be granted until after the County, the County’s Workers’ Compensation Adjuster, or the State Compensation Insurance Fund has declared the illness or injury to be compensable under the California Workers’ Compensation Law and has accepted liability.

(d) Length of Job Incurred Disability Leave With Pay: Eligible employees shall be entitled to disability leave for the period of incapacity as determined by a physician, but not to exceed a maximum of ninety (90) calendar days for any one illness or injury. Holidays falling within the period of disability shall extend the maximum time allowance by the number of such holidays. Job incurred disability leave runs concurrently with other applicable statutory leaves, such as FMLA and CFRA.

(2) Job Incurred Disability Leave Without Pay

(a) Definition: Job incurred disability leave without pay is an employee’s absence from duty without County pay because of disability caused by illness or injury arising out of and in the course of his/her employment which has been declared to be compensable under the Workers’ Compensation Laws. Only permanent or probationary employees occupying permanent positions are eligible for job incurred disability leave without pay. Such leave is taken after the disabled employee has used up allowable job incurred disability leave with pay and accrued credits for sick leave. At the employee’s option, vacation and compensatory time off accruals may also be used. Job incurred disability leave runs concurrently with other applicable statutory leaves, including FMLA and CFRA.

(b) Application for and Approval of Job Incurred Disability Leave Without Pay: To receive job incurred disability leave without pay an eligible employee must submit a request on the prescribed form to his/her department head describing the illness or accident and all information required for the department head to evaluate the request. The employee must attach to the request a statement from a physician certifying as to the nature, extent and probable period of illness or disability.

(c) Length and Amount of Job Incurred Disability Leave Without Pay: Job incurred disability leave without pay may not exceed twenty-six (26) biweekly pay periods for any one injury, and the combined total of job incurred disability leave with pay and job incurred disability leave without pay for one accident or illness may not exceed thirty-two (32) pay periods, unless otherwise determined through the interactive process.