A. Job Incurred Disability Leave With Pay
- Definition: 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 employment which has been declared to be compensable under the Workers’ Compensation Law. Only permanent or probationary employees occupying permanent positions are eligible for disability leave with pay.
- Payment: Payment of 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.
- Application for and Approval of Job Incurred Disability Leave With Pay: In order to receive pay for disability leave an employee must submit a request on the prescribed form to the appointing authority 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 to the nature, extent, and probable period of illness or disability.
No job incurred disability leave with pay may be granted until after the State Compensation Insurance Fund or County’s Workers’ Compensation Adjustor has declared the illness or injury to be compensable under Worker’s Compensation Law and has accepted liability on behalf of the County, or the Workers’ Compensation Appeals Board has ordered benefits to be paid.
- Length of Job Incurred Disability Leave With Pay: Except for Safety members of the Retirement System, 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 inquiry. Members of this unit who elect safety retirement and thereby become safety members, as defined in the Government Code and in determinations made by the San Mateo County Board of Retirement, may be found eligible for disability leave up to a maximum of twenty-six (26) biweekly pay periods. Holidays falling within the period of disability shall extend the maximum days allowed by the number of such holidays.
B. Job Incurred Disability Leave Without Pay
- Definition: 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 employment which has been declared to be compensable under Workers’ Compensation Law. Only permanent or probationary employees occupying permanent positions are eligible for disability leave without pay. Such leave is taken after the disabled employee has used up allowable disability leave with pay, as well as accrued credits for sick leave. At the employee’s option, vacation and compensatory time off accruals may also be used.
- Application for and Approval of Job Incurred Disability Leave Without Pay: In order to receive disability leave without pay an eligible employee must submit a request on the prescribed form to the appointing authority describing the illness or accident and all information required for the appointing authority to evaluate the request. The employee must attach a physician’s statement certifying to the nature, extent, and probable period of illness or disability.
- 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. The combined total of disability leave with pay and disability leave without pay for one accident or illness may not exceed thirty-two (32) biweekly pay periods. However, Safety members of the Retirement System may be allowed a maximum of fifty-two (52) biweekly pay periods for any one (1) injury total disability leave. In the event an employee is disabled and is receiving Worker’s Compensation benefits this leave may be extended as long as such disability continues.