An employee is eligible for workers’ compensation leave from the district during the period of time the employee is temporarily disabled as the result of an injury arising out of and in the course of employment which qualifies for an indemnity payment from the workers’ compensation division of the Colorado Department of Labor and Employment.
Workers’ compensation leave shall be available only to those persons who sustain a temporary total disability and are unable to perform services for the district while disabled.
The primary source of compensation for an employee on workers’ compensation leave shall be the indemnity payment from the workers’ compensation section of the division of worker’s compensation of the Colorado Department of Labor and Employment or insurance carrier as determined by state law. To the extent that the indemnity payment is less than an employee’s weekly wage or equivalent, the employee is entitled to use accrued school district sick leave and vacation time to supplement the workers’ compensation payment. These payments will be referred to in this policy GBGD as “workers’ compensation leave payments.”
Under no circumstances shall an employee be allowed to receive more than an amount equal to the employee’s weekly wage or equivalent when combining the indemnity payment from workers’ compensation and school district benefits. The employee shall provide any requested documentation to the school district to evidence amounts paid by workers’ compensation before benefit payments are allowed by the school district.
While on workers’ compensation leave under a temporary total disability, employees shall continue to have school district health, life and disability insurance coverage, to the same extent the employee had such coverage prior to taking workers’ compensation leave, for a period of time not to exceed three months.
At the end of the three month period, the employee shall be given the option of directly assuming payment of the district’s costs for such benefits or discontinuing the coverage until returning to work and again being eligible for benefits, unless the district is otherwise required to continue such coverage under applicable law.
During the period of workers’ compensation leave, the employee shall not earn or accrue any vacation leave, sick leave or other similar benefits.
The administration is directed to establish necessary procedures to implement this policy.
Adopted: April 17, 1990
Revised: December 14, 1993
Revised: February 23,1999
Revised: August 9, 2005
Revised: February 12, 2008
Revised: September 23, 2014
LEGAL REFS.: 29 U.S.C. 2601 et seq. (Family and Medical Leave Act of 1993)
C.R.S. 8-40-101 et seq. (Workers’ Compensation Act of Colorado)
CROSS REF.: GBGG, Staff Sick Leave
CONTRACT REF.: HEA Agreement, Article 6.1.2, Family and Medical Leave Act
Huerfano School District Re-1, Walsenburg, Colorado