| |
Southwestern
Community College - Policies and Procedures Manual |
| Policy
Title: |
Workers
Compensation Leave |
4.36 |
| Responsible
Division: |
Administrative
Services |
|
| Date
Approved: |
July
2002 |
|
| |
| WORKERS
COMPENSATION LEAVE
|
| 1. |
Use
of Leave
When
an employee is injured on the job, he/she
may use leave or go immediately on workers’
compensation leave. During this time, medical
benefits due under the workers’ Compensation
Act may be received. G.S. 97-28 requires
a seven-day waiting period before workers’
compensation payments begin. One of the
following options may be chosen by the employee:
| |
OPTION
1 - Take accumulated sick and vacation
leave, or any portion of either, and
then go on workers’ compensation
leave and begin drawing workers’
compensation. |
| |
OPTION
2 - Take sick or vacation leave during
the seven-day waiting period and then
go on workers’ compensation leave
and begin drawing workers’ compensation. |
| |
OPTION
3 - Go immediately on workers’
compensation leave and begin drawing
workers’ compensation after the
seven-day waiting period. In this case,
if the injury results in disability
of more than 28 days, the compensation
shall be allowed from the date of disability. |
In
all cases, unused leave may be retained for
future use. |
| 2. |
Responsibility
of Employer and Employee
| A. |
In
accordance with G.S. 97-22 notice of
an accident must be given by the employee
or his/her representative as soon as
possible. No compensation shall be payable
unless such written notice is given
within 30 days after occurrence of the
accident or death, unless reasonable
excuse is made to the satisfaction of
the Industrial Commission for not giving
such notice and the Commission is satisfied
that the employer has not been prejudiced
thereby. |
| B. |
The
college is required by law to report
the injury to the North Carolina Industrial
Commission using I.C. Form No. 19. |
| C.
|
Responsibility
for claiming compensation is on the
injured employee. A claim must be filed
by the employee through the college
with the North Carolina Industrial Commission
within two years from the date of injury.
Otherwise, the claim is barred by law. |
|
| 3. |
Continuation
of Benefits
| A. |
Performance
Increase - upon reinstament, an employee’s
salary will be computed based on the
last salary plus any legislative increase
to which entitled. |
| B. |
| Vacation
and Sick Leave - While on workers’
compensation leave, the employee
will continue to accumulate vacation
and sick leave to be credited
to his/her account for use upon
return. Since the employee is
on workers’ compensation
leave and is not able to schedule
vacation time off, the accumulation
may in some cases exceed 240 hours
and shall be handled as follows: |
| 1.
|
The
240 hour maximum to be carried
forward to the next calendar year
may be exceeded by the amount
of vacation accumulated during
workers’ compensation leave.
The excess may be used after returning
to work or carried on the leave
account until the end of the calendar
year following a full year after
the employee’s return to
work. |
| 2.
|
If
the employee separates during
the period that excess vacation
is allowed, the excess leave
to be paid in a lump sum may
not exceed the amount accumulated
during the first twelve months
of workers’ compensation
leave. |
|
|
| 4.
|
Hospitalization
Insurance - while on workers’
compensation leave, an employee is in a pay
status and will continue coverage under the
state’s health insurance program. Monthly
premiums for the individual will be paid by
the state. |
|
|
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