POLICY

A. Purpose

This policy details the leave entitlements available to employees who are injured or become ill because of work performed for Berkeley Lab.

B. Persons Affected

This policy applies to non-represented employees. Represented employees should consult their collective bargaining agreement (CBA).

C. Exceptions

Requests that exceed what is allowed under current policy or that are not expressly addressed by current policy are considered exceptions to policy. A request for an exception to policy requires, at a minimum, the approval of the Chief Human Resources Officer.

D. Policy Statement

1. General
   1. Berkeley Lab is committed to meeting its obligation under the state workers’ compensation program to provide medical, rehabilitation, and wage-replacement benefits to employees who sustain work-related injuries or illnesses. An employee who is injured or becomes ill as a result of work performed for Berkeley Lab is entitled to leave without pay for all or part of the period during which the employee receives temporary disability payments under the California Workers’ Compensation Act.
   2. When appropriate, Berkeley Lab will designate absences due to occupational injury or illness as Family and Medical Leave (FML). Leave for a work-related injury or illness may run concurrently with other types of leaves, such as FML.
2. Use of Accrued Sick Leave and Vacation Leave
   1. An employee receiving workers’ compensation may use accrued sick leave and/or vacation leave to supplement temporary disability payments received under the California Workers’ Compensation Act. Sick leave and/or vacation leave accruals may be used to make up the difference between the amount payable to the employee under the California Workers’ Compensation Act and the employee’s regular salary.
   2. Before an employee begins receiving temporary disability, an employee may use sick leave and/or vacation leave accruals in order to be compensated during leave. Those deductions from the employee’s leave accruals will be deemed an advance temporary disability payment under the California Workers’ Compensation Act. An employee who has received such an advance temporary disability payment will reimburse Berkeley Lab for such payment after the employee receives temporary disability payment for that earlier period. Berkeley Lab will use the employee’s reimbursement to restore the employee’s sick leave and/or vacation leave accruals accordingly.
3. Eligibility for Extended Sick Leave and Payments
   1. Extended Sick Leave is provided to an eligible employee who has exhausted their accrued sick leave and is unable to work due to a work-incurred injury or illness. An employee who has exhausted accrued sick leave may be eligible for extended paid sick leave of up to 26 weeks for any single work-related injury or illness. Extended sick leave payments constitute an advance against permanent disability payments.
   2. Extended paid sick leave may be used to cover the three-calendar-day waiting period for receiving workers’ compensation once the injury or illness has been determined as compensable.
   3. An employee who remains disabled and continues to receive temporary disability payments after exhausting all accrued sick leave will receive extended sick leave payments in an amount equal to the difference between the temporary disability payments and 80 percent of the employee’s basic salary, plus any shift differential that the employee would have otherwise received.
   4. An employee who returns to work part-time but continues to receive temporary disability payments is eligible for continued extended sick leave payments if the employee’s earnings plus temporary disability payments continue to total less than 80 percent of basic salary, plus shift differential.
   5. An employee may request a leave without pay after an extended sick leave benefit has been exhausted.
4. Accrual of Sick Leave and Vacation. An employee on leave without pay who is receiving temporary disability payments under the California Workers’ Compensation Act accrues sick leave and vacation leave on the same basis as if on pay status; however, accrued sick leave is credited to the employee only upon the employee’s return to work.

E. Roles and Responsibilities

F. Definitions/Acronyms

None

G. Recordkeeping Requirements

Health Services maintains medical records of work-related injuries and illnesses.

H. Implementing Documents

None

I. Contact Information

For more information, employees may contact the Berkeley Lab Integrated Disability and Absence Management (IDAM) team at idam@lbl.gov.

J. Revision History

DOCUMENT INFORMATION

Source Requirements Documents

• Berkeley Lab Requirements and Policies Manual, Injury Response and Review
• University of California Personnel Policies for Staff Members (PPSM) 2.210: Absence from Work, Leave Related to an Employee’s Work-Related Injury or Illness