WORKER'S COMPENSATION
Sections 5-142(b) and 5-143 of the Connecticut General Statutes provides for the
optional use of accumulated Sick Leave by state employees receiving Workers' Compensation
which when combined with the Workers' Compensation will result in the employee receiving
an amount equivalent to their full base salary as defined below. The Master Contract
extended this option to include the use of other types of accrued leave. Pursuant to
Public Act 78-367, General Letter Number 192 and Office of Labor Relations General Notice
Number 78-18 granted this extended benefit to managerial and confidential employees and
appointed officials.
The amount due to the eligible employee who chooses to exercise this option must be
computed on an hourly basis. In order that a standard procedure be applied, the following
information is issued:
DEFINITIONS
Academic Calendar: The term "academic calendar" applies to the state
employees assigned to an educational institution or school district whose work schedule is
based strictly on the school calendar. For ten month, full-time employees, such schedules
require a set number of specific working days during the regular school year. These
normally run from 180 to 188 days). For twelve month full-time employees, a summer session
must be worked in addition to the set days designated during the regular school year. In
all cases, the employee is not eligible to accrue vacation but is assigned time off
consistent with predetermined school vacation periods. Generally, whether the employee is
assigned to a ten month or twelve month schedule, their salary is paid over a twelve month
period.
Salary: The basic rate of pay being received by the employee in accordance with
the applicable compensation plan in effect at the time of the injury or disease. The
hourly rate of pay for the step of the salary group will be used as the basis for
computation of the amount of time to be charged against accumulated leave. The weekly
salary shall be one-half of the bi-weekly rate of the schedule rounded off to the next
nearest penny.
Work Week: For purposes of standardization, each employee's workweek shall be
defined by the applicable compensation plan. For employees assigned to pay plans based on
a 35 hour workweek, a work day is considered to be seven hours. For employees assigned to
a 40-hour compensation plan, a work day is defined as eight hours. Employees assigned to a
36-1/4 hour compensation plan shall have their day defined as 7-1/4 hour and so forth.
This applies whether the employee is on a standard Friday through Thursday work schedule,
an averaging schedule or an academic schedule.
- For injuries sustained prior to October 1, 1991, the employee shall remain on the
regular payroll for the first seven (7) calendar days of incapacity. No charges shall be
made to accumulate sick, vacation or personal leave time during these seven days. The
employee's records will indicate a full work day on the day of injury. Medical
documentation is required for the first seven days of incapacity.
The use of accrued
leave to supplement the workers' compensation amount may begin on the eighth day after
injury, provided the employee has exercised this option in accordance with items three and
four of this policy.
- In accordance with Public Act 91-339, for injuries sustained on or after October 1,
1991, no workers' compensation for lost wages shall be paid until the employee has been
totally or partially incapacitated for more than three calendar days, excluding the day of
injury. The employee's records shall indicate a full work day on the day of injury.
Workers' compensation for lost wage will begin commencing with the fourth calendar day of
incapacity. The employee's accrued sick leave balances shall be charged to cover the work
days lost during the initial three day period for which workers' compensation will not be
paid. However, if such incapacity continues for more than six days, commencing with the
seventh day, the employee shall be eligible for workers' compensation for lost wages
retroactive to the first day of absence following the date of injury. The employee's sick
leave balances shall be adjusted following payroll reconciliation of any overpayment which
may occur when such workers' compensation benefit is applied retroactively to day one.
Medical documentation is required for all periods of incapacity.
The use of accrued
leave to supplement the workers' compensation amount may begin on the first day covered by
such award provided the employee has exercised this option in accordance with items three
and four of this policy.
- Prior to authorizing the use of accumulated leave with workers' compensation, the agency
must confirm the following:
- the employee has completed the form CO-715 (Request for use of Accrued Leave with
Workers' Compensation) consistent with item four (4) below;
- the employee has the accrued time;
- a determination of workers' compensation has been made; or
- a determination has not been made but the appropriate injury claim form has been filed
and the supporting medical documentation (PER .WC 208, Attending Physicians Report of
Injury) has been received. Once the compensation award is made, the employee must repay
the state for any overpayment which occurred during this interim period in order to adjust
their leave balances.
- The employee must elect either to receive or not to receive accrued leave benefits at
the beginning of the compensation period. The election is made on form CO-715, in
triplicate, and signed by the employee. It may be renewed for each recurrence if the
employee still has accrued leave to their credit. If the employee elects to receive
accrued leave benefits, it must be in the amount which, together with their compensation
award, will result in their receiving their full basic salary, as defined in item 1. Once
made, the election cannot be revoked and must be in effect until either the accumulated
leave runs out or the employee returns to work.
NOTE: An employee's choice of election
may be governed by an applicable collective bargaining agreement which stipulates the use
of accrued leave. Always check the applicable contract before a CO-715 is issued to the
employee.
- Computation: Inasmuch as the statutes require computation on an hourly basis, all
accrued leave benefits must be converted accordingly. Once the accrual amount payable
under Workers' Compensation has been established, the accrued leave difference shall
remain unchanged throughout the period of the employee's absence from work, unless the
basic compensation award is revised.
CONVERSION OF ACCUMULATED LEAVE
EXAMPLE
Employees accumulated sick leave* on date of injury
Multiply by value of average work day (consistent with
the applicable pay plan) |
60 days
X 7 hours
420 hours |
|
|
Employee's weekly salary (one-half of bi-weekly)
(salary group 9, step 1 of an expired pay plan is
used as the example)
Less compensation weekly award
Supplemental amount needed for full basic salary |
$ 143.00
- 95.90
$ 47.96 |
|
|
| Hourly rate (SG 9, Step 1) |
- 4.12 |
|
|
Weekly charge to be deducted from accumulated sick
leave to nearest quarter hour ($47.96 divided by 4.12) |
11 3/4 hours |
|
|
*Separate totals should be calculated for other leave balances to facilitate record
keeping.
- Accrued leave benefits to which an employee is entitled are limited to the amount
accumulated as of the date of injury or disease. Under certain conditions, additional
accrued leave may be applied as defined in item seven. Subsequent changes in base salary
do not affect the entitlement or the basic charge against accumulated leave as of the date
of injury or disease. All actions affecting basic pay are to be processed in the usual
manner. If the employee returns to work and has a recurrence, the rate of pay will be that
which is received upon return to work and the weekly charge is to be recomputed using the
new basic hourly rate.
- The employee must be away from work and receiving compensation to be eligible to apply
accrued leave benefits. The degree of disability is not a factor. The effect of a lump sum
compensation award or of a medical determination of partial disability will be determined
on an individual case basis. If compensation is denied, the employee may use accrued sick
leave for the period involved provided that the medical documentation justifies the
absence from work. If the denial is appealed, the agency head should request the State's
Third Party Administrator to route any awards through the agency in order to adjust sick
leave balances and payroll records in accordance with the decision.
- The employee shall be credited with the regular monthly accrual for Sick and Vacation
Leave during the first twelve months of Workers' Compensation. No further accruals can be
credited beyond the end of this period of time. Sick and vacation leave accrued during the
first twelve months may be applied to computation of the accrued leave difference while
the employee is out on Workers' Compensation. Holidays and/or executive time off occurring
while the employee is on Workers' Compensation shall not be recognized as such and the
accrued leave portion, therefore, shall continue to be charged for these days. For
employees assigned to an academic calendar (i.e., State School Teachers, State School
Instructors, etc.), no charge against the employee's accrued leave balances shall be made
during school vacation periods, except for holidays occurring during such periods. Early
closings or late openings due to inclement weather or other emergency shall be treated as
regularly scheduled workdays, and the employee's accrued leave balances shall be charged
on such days. However, because full day school closings must be made up later in
the academic year, the employee's balances shall not be charged for such days.
- A form PER-201 will be submitted to the DAS/Personnel Division when reporting a
compensation action. A copy of the CO-715 must be attached indicating the employee's
election concerning the use of accrued leave. The employee's attendance and leave records
must be posted to reflect the appropriate charges.
NEW PAYROLL DEDUCTION CODE AND PROCEDURE FOR RECOVERY
OF OVERPAYMENTS ON WORKERS' COMPENSATION
A voluntary payroll deduction has been implemented to recover overpayments made
to state employees while on workers' compensation.
If a state employee has been notified of an overpayment or "wage match"
hit with regards to workers' compensation, the employee may choose to repay the amount via
this voluntary payroll deduction method.
PROCEDURES
The employee must obtain the payroll deduction form from DAS/Personnel, Workers'
Compensation Unit.
Upon receipt of the agreement between Workers' Compensation and the employee, the
employing agency will process the payroll deduction form.
The new D/OE code is 8-D, Workers' Compensation Recovery, sort code 00202.
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