[NCASG] Job related injury leave question

[Davis, Bill (CS)]

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Please see pages 98 to 103 that relates to New York State's leave policy if injured on the job for employees represented by the NYS Correction Officers and Police Benevolent Association, Inc. See about information: About Us | NYSCOPBA<https://www.nyscopba.org/about-us/>. In short, New York State Corrections Officers who are injured directly on the job may have up to six months of paid leave without charge to accruals or going through the Workers Compensation system. This is an additional benefit that was negotiated between New York and union that represents primarily Correctional Officers.

NYS/NYSCOPBA Agreement 2016-23<https://oer.ny.gov/system/files/documents/2019/11/nyscopba-2016-2023-contract-final.pdf>

Here is an excerpt about pay if injured on the job that mostly affects Correctional Officers.

"(a) An employee necessarily absent from duty because of occupational injury or disease as defined in the Workers' Compensation Law who is allowed leave from his position for the period of his absence necessitated by such injury or disease shall be: (1) first granted compensation leave with pay without charge to leave credits not exceeding cumulatively six months; and (2) upon exhausting leave pay benefits under (1) above be allowed to draw accrued leave credits; and (3) upon exhausting leave with full pay benefits under (1) and (2) above be allowed sick leave at half pay for which he may be eligible during such leave unless: (i) there is good and sufficient reason to believe that the disability resulting from such injury or disease is not job related or is primarily due to some pre-existing medical condition; (ii) there is good and sufficient reason to believe that the employee could report for work on a full-time or part-time basis; (iii) the employee's services would have been terminated or would have ceased under law; or (iv) the employee's claim for benefit is controverted by the State Insurance Fund."


Bill Davis
Manager Classification and Compensation

Department of Civil Service
Empire State Plaza, Agency Building 1, Albany, NY 12239
(518) 474-0949 | Bill.Davis at cs.ny.gov<mailto:Bill.Davis at cs.ny.gov>
https://www.cs.ny.gov/
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From: Bufford, Tina <tina.bufford at doas.ga.gov>
Sent: Wednesday, June 12, 2024 12:19 PM
To: Hart, Lynn L. <lyhart at nd.gov>; NCASG Surveys (dhr_ncasg_survey_list at admws.idaho.gov) <dhr_ncasg_survey_list at admws.idaho.gov>
Cc: Herrington, Molly <mherrington at nd.gov>
Subject: Re: [NCASG] Job related injury leave question

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________________________________
Hi Lynn,

I have attached the policy for Georgia, which is mostly used in Juvenile Justice and Corrections.

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From: Hart, Lynn L. <lyhart at nd.gov<mailto:lyhart at nd.gov>>
Sent: Wednesday, June 12, 2024 9:31 AM
To: NCASG Surveys (dhr_ncasg_survey_list at admws.idaho.gov<mailto:dhr_ncasg_survey_list at admws.idaho.gov>) <dhr_ncasg_survey_list at admws.idaho.gov<mailto:dhr_ncasg_survey_list at admws.idaho.gov>>
Cc: Herrington, Molly <mherrington at nd.gov<mailto:mherrington at nd.gov>>
Subject: [NCASG] Job related injury leave question

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________________________________
To all:
We have been asked informally whether we would support a proposal for an injury leave policy, separate from sick leave or vacation (annual leave)..  Rather than restate it, I will just quote from the request:  Essentially, when a team member is injured at work, she/he would not need to use their own accrued leave if missing work, prior to workers comp kicking in. In addition, injury leave could also potentially supplement the 66% of workers comp, rather than the team member using own leave. Could add provision that if team member is not approved for workers comp, injury leave is removed and team member's own leave must be used or LWOP and could also have limits on total amount of injury leave. Just testing the waters to see if this idea could get any traction.

It seems like an interesting concept, but I am concerned that the relationship to workers compensation could be complicated or prohibitive.  Also, it may be difficult to get approval for the additional expense.

Have any of you considered or implemented such a policy?  If so, could you provide some basic details?

Thanks,

Lynn Hart, SPHR, SHRM-SCP, CCP, CEBS
Total Rewards Manager
Human Resource Management Services

701.328.4739     *     lyhart at nd.gov<mailto:lyhart at nd.gov>     *     www.omb.nd.gov<https://urldefense.com/v3/__http:/www.omb.nd.gov/__;!!HWVSVPY!jImewuP6Sn8f_BiU6p4UQM67qf0Q1W4vQZX_2IkTmcOWtp5UmusSY_xXK1KFIjS6r2mD9lzWMoTnTq56kt7gwA$>

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