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Frequently Asked Questions

 

 

Can an employee on IDL who subsequently demotes during the disability period retain their salary rate, or is the salary rate adjusted to reflect the demotion?Can an employee on IDL who subsequently demotes during the disability period retain their salary rate, or is the salary rate adjusted to reflect the demotion?<p>​IDL should be adjusted to reflect the salary an employee would receive if the disability had not occurred. If the employee receives an increase in pay while on IDL, the benefit payments increase; if the employee receives a demotion or pay cut, the IDL payment should be reduced accordingly.</p>
Is an employee who is suspended because of an adverse action while on a workers’ compensation claim entitled to IDL during the suspension?Is an employee who is suspended because of an adverse action while on a workers’ compensation claim entitled to IDL during the suspension?<p>​No. An employee who is suspended and taken off pay status while on IDL may be eligible for TD without supplementation during the period of the suspension. State Fund must be notified that the employee has been suspended so they can begin TD if appropriate. However, if possible, it is best to postpone any disciplinary action until the employee has returned to work from disability leave.</p>
Does the time off on suspension count towards the 52-week limit on IDL?Does the time off on suspension count towards the 52-week limit on IDL?<p>​No. If State Fund confirms that the employee is still temporarily disabled, the IDL will resume without any loss in benefit levels after the suspension has ended.</p>
Can the employer deny IDL benefits if they have knowledge that the injured worker is working at another job while on IDL?Can the employer deny IDL benefits if they have knowledge that the injured worker is working at another job while on IDL?<p>​No. IDL payments cannot be withheld simply because the injured worker has another job. However, if the injured worker is working, it should be brought to the attention of State Fund immediately so they can investigate if necessary.</p>
Is an employee who is terminated because of an adverse action entitled to IDL after the effective date of the termination?Is an employee who is terminated because of an adverse action entitled to IDL after the effective date of the termination?<p>​No. IDL is a disability leave benefit which provides for salary continuation. It is based on the assumption that the employee is a current employee and will eventually return to work. Termination is not a temporary absence and there is no expectation the employee will return to work, so there is no legal basis to provide salary continuation benefits. However, State Fund must be promptly notified by the agency when the employee is terminated, because they may be eligible for TD benefits.</p>
How are employees on IDL to be treated if they are subject to layoff based on seniority?How are employees on IDL to be treated if they are subject to layoff based on seniority?<p>​Employees on IDL are subject to the same procedures as other employees during a layoff. An employee on IDL should be notified at the same time as other employees and advised of their employment options. IDL continues up until the actual date of layoff, but terminates when the layoff is effective. After the layoff, the employee may be entitled to receive TD without supplementation. The agency must notify State Fund promptly when an employee with a workers’ compensation claim is laid off, so State Fund can begin TD benefits if appropriate.</p>
If IDL is retroactively rescinded, does the agency have to collect the overpayment?If IDL is retroactively rescinded, does the agency have to collect the overpayment?<p>​Yes. Agencies are obligated to set up an accounts receivable to collect the overpayment. However, pursuant to Government Code section 19838, agencies cannot take action to recoup an overpayment unless the action is initiated within three years from the date of overpayment.</p>

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