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Frequently Asked Questions

 

 

Is an injured employee entitled to receive a separate check from his or her department for special pay when he or she is on TD?Is an injured employee entitled to receive a separate check from his or her department for special pay when he or she is on TD?<p>​No. Special pay (e.g., merit salary adjustment, shift differential, diving pay, or over-time) that is anticipated or scheduled to occur during the injured employee’s known disability period is included in State Fund’s calculation of his or her average weekly wages. This weekly wage is used to determine the weekly TD rate. Refer to Section 16 of the Pay Scales or Section G of the Payroll Procedure Manual (PPM) for additional information on special pay.</p>
How is an injured employee compensated for holidays while receiving TD or wage loss?How is an injured employee compensated for holidays while receiving TD or wage loss?<p>​An injured employee earns holiday credit for all holidays that occur in the pay period while off on TD. <br><br>The injured employee is entitled to use the holiday credit for supplementation or the credit can be carried on the books.<br> <br>If the injured employee has been returned to work and continues to miss hours from work, which may entitle him or her to wage loss, then he or she will receive compensation for the holiday(s) in the pay period as regular pay. <br><br>Consult the specific provisions of each memorandum of understanding (MOU) regarding treatment of holiday credit.</p>
Does an injured employee continue to make retirement contributions and earn full retirement credit while receiving TD?Does an injured employee continue to make retirement contributions and earn full retirement credit while receiving TD?<p>​State Fund doesn’t deduct retirement contributions from the injured employee’s TD payment. If an injured employee wishes to make arrangements to pay his or her retirement contribution then he or she will need to contact California Public Employee’s Retirement System (CalPERS).<br> <br>If an injured employee has elected to supplement his or her TD payment then the retirement contribution will be deducted from supplementation pay based only upon the amount issued as supplementation. The amount of retirement contribution deducted from supplementation pay will not cover the injured employee’s full retirement contribution. The injured employee will need to contact CalPERS if he or she wishes to make arrangements to pay the difference. <br> <br>Retirement credits are earned based on the amount of retirement contributions the injured employee has paid to CalPERS.</p>
How are absences tracked for an injured employee who doesn’t qualify for Industrial Disability Leave, but falls within Work Week Group E and SE and who is exempt from the Fair Labor Standards Act (FLSA)?How are absences tracked for an injured employee who doesn’t qualify for Industrial Disability Leave, but falls within Work Week Group E and SE and who is exempt from the Fair Labor Standards Act (FLSA)?<p>​Under the provisions of the FLSA, disability leave is a situation when an E or SE employee is required to track partial day absences. All lost time, including partial days of absence, must be tracked on the injured employee’s timesheet. Lost time during the delay period needs to be charged to the injured employee’s leave credits. <br><br>If the claim is accepted and State Fund pays TD benefits, you should restore leave credits used for absences and if required establish an accounts receivable. <br><br>You also need to provide the injured employee the option to supplement his or her TD payment with available leave credits. If the claim is not accepted, or the time in not paid by State Fund, leave credits for partial days of absence need to be restored. Refer to PML 1995-023 for more information regarding employees exempt from FLSA.</p>

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