Current through Register Vol. XLI, No. 45, November 8, 2024
3.1. Election of Option. 3.1.a. An employee absent from work due to receiving a personal injury in the course of and resulting from his or her covered employment with the State or its political subdivisions may elect to receive either his or her accumulated sick leave or temporary total disability benefits, but not both for the same period of absence. Provided, however, that an employee of the State or one of its political subdivisions may receive his or her accumulated sick leave and temporary total disability benefits for the same period of absence if the temporary total disability benefits are paid as a result of a personal injury in the course of and resulting from his or her covered employment with an employer other than the State or one of its political subdivisions.3.1.a.1. The Director of Personnel shall prescribe the form by which an employee who receives a personal injury in the course of and resulting from his or her covered employment with the State or its political subdivisions elects which option, either accumulated sick leave or temporary total disability benefits, he or she chooses to receive for his or her absence from work.3.1.a.2. It is the joint responsibility of the employer and the injured employee to file an election of option form with the Report of Occupational Injury.3.1.a.3. If the employee does not file the election of option form, the default option is accumulated sick leave.3.1.b. Interim Payment of Sick Leave.3.1.b.1. An employee electing to receive temporary total disability benefits may collect sick leave benefits and, upon exhaustion of sick leave benefits, annual leave benefits until he or she receives temporary total disability benefits.3.1.b.2. Upon receipt of the initial temporary total disability payment the employee shall pay or assign to his or her employer the net value of the sick leave, or sick and annual leave paid, after which his or her sick leave and annual leave, if used, shall be restored to his or her current leave balance(s). The maximum number of hours of annual leave that may be carried forward from one calendar year to another, as provided in the Administrative Rule of the Division of Personnel 143CSR1, shall apply. All sick leave accrued during this period of time shall be forfeited.3.1.c. Temporary Total Disability After Exhaustion of Sick Leave.3.1.c.1. An employee electing to receive accumulated sick leave may receive temporary total disability benefits upon exhaustion of his or her accumulated sick leave prior to his or her return to work.3.1.c.2. An employee electing to receive temporary total disability benefits must apply for a medical leave of absence without pay.3.2. Annual Increment Pay. 3.2.a. An employee electing to receive accumulated sick leave continues to accrue annual increment pay and years of service credit while being paid sick leave.3.2.b. An employee electing to receive temporary total disability benefits continues to accrue annual increment pay and credit for years of service while receiving temporary total disability benefits.