| What is the first day of disability for IDL for the purpose of calculating the 52 weeks or appropriate work hours in the two year period for IDL? | What is the first day of disability for IDL for the purpose of calculating the 52 weeks or appropriate work hours in the two year period for IDL? | <p>The first day of disability is the first day of lost time, not the date of injury. Since the day of injury is paid as Administrative Time Off, it would not be appropriate to include the date of injury as the beginning of the IDL period. It is important to remember that all days of disability must be confirmed by State Fund and may be partial days of disability.</p> |
| Is time used on the date of injury picked up as Administrative Time Off only after the workers’ compensation claim is approved? | Is time used on the date of injury picked up as Administrative Time Off only after the workers’ compensation claim is approved? | <p>No. If the employee missed time from work on the date of injury, this time is Administrative Time Off even if the claim is not approved for workers’ compensation benefits. Employees should be directed to seek appropriate medical treatment, and employers should authorize the initial visit and secure transportation if necessary.</p> |
| Is IDL paid for time lost from work to attend medical appointments related to the employee’s workers’ compensation injury? | Is IDL paid for time lost from work to attend medical appointments related to the employee’s workers’ compensation injury? | <p>No, not after July 1, 2014. IDL is paid for medically substantiated periods of disability that State Fund has confirmed. The obligation to pay IDL ends when the injured employee returns to work, is deemed able to return to work, or when the employee’s medical condition achieves permanent and stationary status. If the employee is able to work, time off solely to attend a medical appointment does not constitute a period of disability. Employees can use available leave credits, or adjust their time (depending on business needs) to attend medical appointments.</p> |
| How is the three calendar day waiting period calculated after July 1, 2014? | How is the three calendar day waiting period calculated after July 1, 2014? | <p>IDL is not paid for the first three days after an employee leaves work as a result of the injury unless temporary disability continues for more than 14 days, the injury is the result of a criminal act of violence, or the employee is hospitalized for treatment required by the injury. The three day waiting period shall be identified by State Fund as the first three days of medically substantiated disability. These days of disability do not need to be full days, consecutive days, or days that the employee was scheduled to work.</p><p>The waiting period is calculated the same for all employees regardless of work schedules and time bases. Here are two examples:</p><p>Emily Employee was injured on Thursday. The doctor reported, and State Fund confirmed, that Emily was disabled and could not return to work until Monday. The waiting period was served (Friday, Saturday, and Sunday).</p><p>Emily Employee was injured on Thursday. The doctor reported, and State Fund confirmed, that Emily could only work half time Friday, Saturday, and Sunday, and return to work on her regular schedule on Monday. The employee has served the waiting period (Friday, Saturday, and Sunday).</p> |
| Prior to July 1, 2014, how was the three calendar day waiting period and 14 day period calculated? | Prior to July 1, 2014, how was the three calendar day waiting period and 14 day period calculated? | <p>The waiting period did not need to be consecutive or full days of absence. Partial days of absence relating to the disability (including medical appointments) were accumulated to 24 hours to fulfill the waiting period.</p><p>Partial days of absence were to be counted as full days when determining the 14-day period. However, the aggregate hours over the 14-day period must, at a minimum, exceed the 24 hours needed to meet the three-calendar-day waiting period.</p> |
| How are absences tracked for employees in Work Week Group E and SE who are exempt from the Fair Labor Standards Act (FLSA)? | How are absences tracked for employees in Work Week Group E and SE who are exempt from the Fair Labor Standards Act (FLSA)? | <p>Under the provisions of the FLSA, E or SE employees are required to track partial day absences for disability leave. All lost time, including partial days (e.g. reduced work day schedules) must be tracked on the employee’s timesheet. Lost time including the delay period needs to be charged to the employee’s leave credits. If the claim is accepted and State Fund notifies the agency of the period of disability, you should restore leave credits used for absences or partial days and pay the appropriate hours of IDL. If the time is not confirmed by State Fund, leave credits for partial days need to be restored to the employee. Refer to PML 95-023 for more information regarding employees exempt from FLSA.</p> |
| Must the Agency complete the Industrial Disability Leave – Benefit Option Comparison (STD. 618S) for every employee who is approved for IDL? | Must the Agency complete the Industrial Disability Leave – Benefit Option Comparison (STD. 618S) for every employee who is approved for IDL? | <p>Yes. The STD. 618S must be completed upon receipt of the disability notification from State Fund. The STD. 618S is a key piece of documentation for both the employer and the employee that provides a basic explanation of the benefits and calculation of compensation.</p> |
| If an employee incurred a work-related injury or illness at one state agency and transfers to another agency, which agency is responsible for paying IDL? | If an employee incurred a work-related injury or illness at one state agency and transfers to another agency, which agency is responsible for paying IDL? | <p>Each agency is responsible for paying IDL during the periods of disability that occurred while the employee was working for that agency. The agency losing the employee has a duty to provide any history of IDL paid (calendar, 618S, etc.) to the agency gaining the employee.</p> |
| Whose responsibility is it to track the waiting period and the 52 weeks or appropriate hours of IDL? | Whose responsibility is it to track the waiting period and the 52 weeks or appropriate hours of IDL? | <p>It is the agency’s responsibility to track the waiting period and the hours of IDL. The agency should notify State Fund 30 days prior to the final hour of IDL, so that State Fund can begin paying TD, if appropriate. It is State Fund’s responsibility to notify agencies of medically substantiated periods of disability, including the waiting period.</p><p>After July 1, 2014, full-time employees have 2080 hours of IDL available. To determine the eligible hours of IDL, for other time bases, use the following formula:</p><p>2080 x time base = total hours available The calculations for some common time bases are shown below:</p><p>1/2 time employees: 2080 x 1/2 = 1040 hours<br>3/4 time employees: 2080 x 3/4 = 1560 hours<br>5/6 time employees: 2080 x 5/6 = 1733 hours<br>4/5 time employees: 2080 x 4/5 = 1664 hours<br>7/8 time employees: 2080 x 7/8 = 1820 hours</p> |
| How are the appropriate hours of IDL tracked for employees who change time bases during the time they are receiving IDL benefits? | How are the appropriate hours of IDL tracked for employees who change time bases during the time they are receiving IDL benefits? | <p>The goal is to provide 52 weeks of IDL benefits within a two year period. If an employee changes time bases during their period of IDL eligibility, you will need to recalculate the available hours to insure the employee receives the benefits they are entitled to.</p><p>Convert the hours the employee used to days (may need to approximate). Subtract that number from 260 paid days in a year to determine the number of available days of IDL. Convert the number of available days back to hours at the new time base. Here are two examples:</p><p>Emily Employee was a full-time employee and used 360 hours of IDL, then her time base was reduced to ¾ time. How many hours of IDL are available?</p><p>360 hours at full-time = 45 days (360 divided by 8 hours/day)<br>260 – 45 = 215 x 6 (3/4 time = 6 hours per day) = 1290 hours of IDL available</p><p>Emily Employee was a half time employee and used 175 hours of IDL, then her time base was increased to 7/8 time. How many hours of IDL are available?</p><p>175 hours at 1/2 time = 44 days (175 divided by 4 hours/day = 43.75 round to 44)<br>260 – 44 = 216 x 7 (7/8 time = 7 hours per day) = 1512 hours of IDL available</p> |
| Should employees on alternate work week schedules have their schedules changed to a 5-8-40 schedule? | Should employees on alternate work week schedules have their schedules changed to a 5-8-40 schedule? | <p>No. An employee off for the month on IDL can remain on their alternate work schedule and does not earn or use excess hours or holidays. An employee cannot be paid more than the maximum hours in the pay period.</p> |
| How are excess/deficit hours shown for employees on alternate work week schedules who are using IDL intermittently or working while on IDL? | How are excess/deficit hours shown for employees on alternate work week schedules who are using IDL intermittently or working while on IDL? | <p>Treat the employee the same as if they were working. The employee receives a credit for months when there is an excess and for months with a deficit they must use leave credits to supplement the number of hours required for the pay period. </p> |
| Does the amount of leave credits used to supplement IDL count toward the hours of IDL the employee is entitled to? | Does the amount of leave credits used to supplement IDL count toward the hours of IDL the employee is entitled to? | <p>No. Leave credits used for supplementation have a dollar value, but no “time value.” The employee’s time off is already covered by IDL, the supplementation is just a cash out of available leave credits to bridge the gap between the IDL payment and regular salary.</p> |
| Can an employee receiving IDL go on vacation? | Can an employee receiving IDL go on vacation? | <p>Yes. If the employee is totally temporarily disabled and receiving full IDL, continue the IDL payment. If the employee is working while on IDL, continue the IDL payment and post appropriate leave credits for the additional time missed from work. Agencies are encouraged to share information about the employee’s activities with the claims adjuster.</p> |
