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Frequently Asked Questions

 

 

How many hours of IDL is a PI employee entitled to per claim?How many hours of IDL is a PI employee entitled to per claim?<p>​If the PI employee is a CalPERS or CalSTRS member, the PI employee is entitled to a maximum of 52 weeks of IDL within a two year period from the first approved date of disability for each claim.</p><p>Prior to July 1, 2014, a PI employee is entitled 365 calendar days of IDL within a two-year period from the first day of disability for each claim.</p><p>After July 1, 2014, he number of hours that constitute 52 weeks of IDL may vary depending on the employee’s work schedule, but will never exceed 2080 hours.</p><p>If the employee’s work hours over the next 12 months can be anticipated, simply take the number of hours that the employee would be expected to work and divide by the number of months that the employee would have worked, excluding any furlough (non-work status) months, to get the average number of work hours in a month. Multiply that number by 12 months to get the maximum number of IDL hours. Here is an example:</p><p>Emily Employee is expected to work 1500 hours over the next 9 months. Then she will be furloughed for 3 months. <br>1500 divided by 9 months is 167 hours per month.</p><p>167 hours times 12 months is 2000 hours.</p><p>Emily Employee would be eligible for up to 2000 hours of IDL for her injury.</p><p>If the employee’s work hours over the next 12 months cannot be anticipated, the agency should use the average number of hours worked each month for the last 12 months. Include all paid leave time such as sick leave, vacation, holiday pay etc. when determining the average number of hours worked. Divide the number of hours worked by the number of months that the employee worked, excluding any furlough months or any months that predate the PI employee’s employment period. This will give you the average number of work hours each month. Multiply that number by 12 to get the maximum number of IDL hours. Here is an example:</p><p>Eric Employee started working for the state as a PI employee 9 months ago. He was furloughed for 3 months and worked for 6 months, logging a total of 810 hours.</p><p>810 hours divided by 6 months is 135 hours per month.</p><p>135 hours times 12 months is 1620 hours.</p><p>Eric Employee would be eligible for up to 1620 hours of IDL for his injury.</p>
Is a PI employee entitled to IDL while they are furloughed (non-work status)?Is a PI employee entitled to IDL while they are furloughed (non-work status)?<p>​No. PI employees are entitled to IDL during periods in which they would have been scheduled to work if they had not been injured. During periods when the employee would have been furloughed due to lack of work, having reached the maximum number of hours, or other reasons, the PI employee would not receive IDL, but may be entitled to TD. Be sure to notify your State Fund adjuster at least 30 days before IDL is scheduled to end either because the PI employee has exhausted the IDL benefit available or because the PI employee is being placed on furlough status.</p><p>If the furlough period ends and the employee is still unable to return to work, the employee should be placed back on IDL if they remain temporarily disabled and have not exhausted the IDL benefit.</p><p>If the employee’s current time base is intermittent but the previous pay periods worked were on a full- or part-time basis, convert the full- or part-time pay periods to hours on the basis of 173.33 hours for full-time or the part-time fraction of 173.33 hours for each pay period. Add these numbers to determine hours worked, and divide by the applicable number of pay periods to arrive at the average hours of pay each month.</p><p>Once a PI employee’s hours are calculated (either by averaging or using their projected schedule) this average number of hours will be used to pay IDL for the life of the claim. </p><p>If the employee’s time base is indeterminate, the payment is based on the appointment agreement or the estimated intermittent time base.</p>
If the PI employee is appointed to a limited term position, or a permanent full- or part-time position, will it affect the employee’s IDL benefits?If the PI employee is appointed to a limited term position, or a permanent full- or part-time position, will it affect the employee’s IDL benefits?<p>​Yes. If the PI employee is appointed to a limited term position, or a permanent full- or part-time position, any IDL payments that are made after the appointment date will be based on the new full- or part-time basis.</p><p>The agency will determine how much of the employee’s IDL entitlement has been used and convert the remaining IDL entitlement to the new time base. Use the same process that is described in the answer to Question 10 – “How are the appropriate hours of IDL tracked for employees who change time bases during the time they are receiving IDL benefits?” under “IDL Time Calculation and Eligibility Determination.”</p>
How many hours should be applied towards a PI’s various benefits if they are on IDL?How many hours should be applied towards a PI’s various benefits if they are on IDL?<p>​Once an employee’s method of compensation has been determined (either average hours or set schedule method), the employee will be credited with no more than 160 hours per month toward their state service, vacation/sick leave/annual leave accruals, MSA, SISA, Alternate Range Change, and personal holiday and vacation waiting periods. All hours paid (with no cap) will be applied toward eligibility for retirement and/or health and dental benefits. For additional clarification, consult section E409 of the Payroll Procedures Manual.</p>
If an agency calculated average hours for IDL by using the preceding 12 months, and the employee worked some hours in the current month, can the combined regular pay and IDL pay exceed the average?If an agency calculated average hours for IDL by using the preceding 12 months, and the employee worked some hours in the current month, can the combined regular pay and IDL pay exceed the average?<p>​Yes. Time worked in the current month does not affect the average past hours calculated for the IDL payment.</p><p>In this example, the employee normally works an average of 125 hours a month. The first five days of the month, the employee works 40 hours. The employee is temporarily disabled and receives IDL the last 17 days of the month.</p><p>Average hours per day are 6 hours, 6 hours times 17 days = 102 hours.</p><p>The 102 hours of IDL plus the 40 hours physically worked exceeds the 125 hour average.</p><p>The total hours can only exceed the average if an employee is working and on IDL during the same pay period.</p>
Do you include the hours of paid IDL when calculating the maximum cap hours for a PI employee?Do you include the hours of paid IDL when calculating the maximum cap hours for a PI employee?<p>​Yes. Hours paid as IDL count toward the employee’s maximum cap of 1500 hours. (Some agencies have different maximum cap hours, so be sure to check your bargaining unit contracts.) If the employee would have been furloughed upon reaching the maximum hour cap, the employee will not be eligible for IDL during the furlough period. Notify State Fund 30 days before the furlough date so they may begin TD without supplementation if appropriate. Once the employee becomes eligible for their new maximum cap hours, they should be placed back on IDL if State Fund confirms that they are temporarily disabled and they have not exhausted their IDL benefit.</p>
If a PI employee has been off on IDL, then comes back to work and suffers a new injury, should the time on IDL be included when calculating the 12 month average for the new claim?If a PI employee has been off on IDL, then comes back to work and suffers a new injury, should the time on IDL be included when calculating the 12 month average for the new claim?<p>​Yes. Both regular time paid and IDL should be used to calculate the average.</p>
If a PI employee is injured prior to becoming a CalPERS/CalSTRS member and becomes a member while on TD, can the employee elect to go on IDL?If a PI employee is injured prior to becoming a CalPERS/CalSTRS member and becomes a member while on TD, can the employee elect to go on IDL?<p>​No. The employee must remain on TD for the duration of the disability because they were not eligible for IDL on the date of injury.</p>
When a PI employee is approved for IDL and has received NDI or SDI during some of the preceding 12 months being used to calculate the average hours, how do you calculate the average hours?When a PI employee is approved for IDL and has received NDI or SDI during some of the preceding 12 months being used to calculate the average hours, how do you calculate the average hours?<p>​You only add the hours paid, and divide the total by the number of months in which the employee worked. Disregard the months the employee was on NDI or SDI.</p>
An injured PI employee is given a release to return to modified work for four hours a day. Should the employee be scheduled to work their regular shift or only a four hour shift?An injured PI employee is given a release to return to modified work for four hours a day. Should the employee be scheduled to work their regular shift or only a four hour shift?<p>​The employee should be scheduled to work the amount of hours they would be expected to work had there not been a work-related injury. The employee should only work the number of hours approved by the doctor. The employee will receive the appropriate workers’ compensation benefits for the remainder of hours.</p>
How is a PI employee compensated for holidays when on IDL?How is a PI employee compensated for holidays when on IDL?<p>​If the holiday falls within the disability period, it is compensated in the employee’s IDL payment.</p><p>If the holiday falls outside the disability period or is a Saturday Holiday, provide payment or holiday credit as if the employee were not receiving IDL.</p>

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