Utah Admin. Code R477-7-16 - Workers' Compensation Leave
(1) An employee may
use accrued leave benefits to supplement the workers' compensation benefit.
(a) The combination of paid leave, wages, and
workers' compensation time-loss benefit may not exceed the gross pay the
employee would have received if the accident had not intervened.
(b) An employee may not use accrued leave to
supplement the workers' compensation benefit when:
(i) the employee is declared medically stable
by a licensed medical authority;
(ii) the workers compensation fund terminates
the benefit;
(iii) the employee
refuses to accept appropriate employment offered by the state; or
(iv) the employee is notified of approval for
Long Term Disability or Social Security Disability benefits.
(c) An employee shall refund to
the state any accrued leave paid which exceeds the gross pay the employee would
have received if the accident had not intervened.
(2) Workers' compensation hours count for
purposes of annual, sick, and holiday leave accrual while the employee is
receiving a workers' compensation time-loss benefit for up to six months from
the last day worked in the regular position.
(3) Health insurance benefits continue for an
employee on leave without pay while receiving workers' compensation benefits.
The employee is responsible for the payment of the employee share of the
premium.
(4) If an employee can
return to work in the employee's regular position, management shall place the
employee in the previously held position or a similar position at a comparable
salary range.
(5) If an employee
cannot return to work in the regular position, or if documentation from one or
more qualified health care providers clearly establishes that the employee has
a permanent condition preventing the employee from returning to the last held
regular position, management may separate the employee from state employment
unless prohibited by state or federal law. Exceptions may be granted by the
agency head in consultation with DHRM.
(6) Management shall take disciplinary action
under Rule R477-11 when an employee files a fraudulent workers compensation
claim.
Notes
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