AVSTA CSEA-CONTRACT-March 9, 2022

12.6

Industrial Accident or Illness Leave:

12.6.1 In accordance with the provisions of the Ed Code Section 45192, unit members, upon completion of six (6) months of employment, shall be provided leave of absence for industrial accident or illness under the following rules and regulations: 12.6.1.1 A unit member who has sustained a job-related injury or illness shall report the injury to the immediate supervisor on the Agency accident report form no later than the next scheduled workday following the accident or as soon as possible. employment of the unit member, and must be accepted as a bona fide injury or illness arising out of and in the course of employment by the Agency's compensation insurance carrier. 12.6.1.3 Allowable leave for such industrial accident or illness shall be for the number of days of temporary disability not to exceed sixty (60) workings days when the unit member would otherwise have been performing work for the Agency in any one fiscal year for the same accident. 12.6.1.6 When a unit member is absent from duties due to industrial accident or illness, the member shall be paid such portion of the salary due for the month in which absence occurs as when added to temporary disability indemnity, will result in a payment of not more than full salary. The phrase, "full salary", as utilized in this subdivision shall be computed so that it shall not be less than the unit member's "regular average weekly earnings, not to include overtime." 12.6.1.7 Industrial accident or illness leave will be reduced by one (1) day for each day of authorized absence regardless of a compensation award made under worker's compensation. When an industrial accident or illness occurs at a time when the full sixty (60) days will overlap into the next fiscal year, the unit member shall be entitled to only the amount remaining at the end of the fiscal year in which the injury or illness occurred, for the same illness or injury. 12.6.1.8 During all paid leaves-of-absence, whether industrial accident leave as provided herein, sick leave, vacation, compensating time off or other available leave provided by law or action of the Board, the unit member shall endorse over to the Agency the temporary disability checks received due to the industrial accident or illness. The Agency, in turn, shall issue the unit member appropriate warrants for pay of wages and shall deduct normal retirement and other authorized contributions. entitlements or other sick leave will then be used; but if a unit member is receiving worker's compensation the unit member will be entitled to use only so much of his/her accumulated leave, which, when added to the worker's compensation award, provides for no more than the full salary. 12.6.1.10 A unit member shall be permitted to return to service after an industrial accident or illness leave only upon presentation of a release from the Agency-appointed physician and/or from the treating physician, as determined by the Agency, certifying the unit member's ability to return to position classification and perform his/her essential duties. 12.6.1.2 The industrial accident or illness must have arisen out of and in the course of 12.6.1.4 Allowable leave for industrial accident or illness shall not be accumulated from year to year. 12.6.1.5 The industrial accident or illness leave under this Article shall commence on the first day of absence. 12.6.1.9 When entitlement to industrial accident or illness leave has been exhausted,

12.6.1.11 Upon complying with Agency medical-release requirements and receiving Agency

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