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Effective July 1, 2014 through June 30, 2017

This contract is an agreement between Association of College Educators, AFT Local 6554 and West Valley-Mission Community College District.

Article 33 Industrial Accident/Illness Leave

33.1 Worker's Comp

A regular/contract member who must be absent from duty because of an accident or illness arising out of the course and scope of employment shall be eligible for industrial accident and illness leave. The injury or illness must be judged by the District’s Worker’s Compensation carrier as qualified for Worker’s Compensation.

33.2 60 days

Allowable leave shall be for 60 days during which the Colleges of the District are required to be in session or when the member would otherwise have been performing work for the District in any one fiscal year for the same accident.

33.3 Overlap

When an industrial accident or illness leave overlaps into the next fiscal year, the member shall be entitled to only the amount of unused leave due him or her for the same illness or injury.

33.4 Non-accumulation

Allowable leave (maximum of 60 days) shall not be accumulated from year to year.

33.5 Begin leave

Industrial accident or illness leave shall commence on the first day of absence.

33.6 Compensation

When a member is absent from his/her duties on account of an industrial accident or illness, the member shall be paid the portion of the salary due him/her for any month in which the absence occurs as, when added to his or her temporary disability indemnity (under Division 4, commencing with Section 3201 or Division 4.5, commencing with Section 6100 of the Labor Code,) shall result in a payment to the member of not more than his/her full salary.

The phrase “full salary” shall be computed so that it shall not be less than the member’s “average weekly earnings” as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this article, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
If the member receives the temporary disability indemnity check directly from the worker’s compensation carrier, he/she shall not cash the check but shall contact the Human Resource Specialist assigned worker’s compensation duties immediately for direction.

Note: The arrangements for payment to the faculty member during the 60 days is determined between the District and the worker’s compensation carrier. The current arrangement is that the carrier sends the check directly to the District. The District applies the worker’s compensation disability amount to the employee’s payroll account so the faculty member does not have to pay taxes on the worker’s compensation disability amount.

35.7 Reduction

Industrial accident or illness leave shall be reduced by one day for each day of authorized absence regardless of a temporary disability indemnity award.

33.8 End of leave

Upon termination of the industrial accident or illness leave, the member shall be entitled to the benefits provided in Sections §87780 and §87781 of the Education Code and for the purposes of each of these sections, his/her absence shall be deemed to have commenced on the date of termination of the industrial accident or illness leave. However, if the member continues to receive temporary disability indemnity, he/she may elect to take as much of his/her accumulated sick leave which, when added to his/her temporary disability indemnity will result in a payment to the employee of not more than his/her full salary.

The member may also elect to receive substitute differential pay (the difference between the member’s pay and the amount paid the substitute) as provided in Article 28.11 for extended illness leave, or until income protection insurance, if any, takes effect.

33.9 Saty in CA

Any member receiving benefits as a result of this section, during periods of injury or illness, shall remain within the State of California unless the Board of Trustees authorizes travel outside the state.

33.10 No break of service

Industrial accident/illness leaves shall not be considered a break in service of the member.

Reference Education Code §87787