Workers Compensation: GBGD

A 27J employee is eligible for workers' compensation leave from the district during the period of time he/she is temporarily disabled as the result of any injury arising out of and in the course of his/her employment which qualifies for an indemnity payment from the workers' compensation division of the Colorado Department of Labor and Employment.

Workers' compensation leave shall be available only to those persons who sustain a temporary total disability and are unable to perform services for the district while disabled.

It is the intent of the Superintendent that temporarily disabled employees receive a payment from the school district in addition to any temporary disability indemnity payment for which the employee is eligible under the Workers' Compensation Act so that the employee does not suffer a financial hardship while disabled. Therefore, an employee absent from work for a qualified worker's compensation leave shall be paid their full salary less the amount of any workmen's compensation payments made for temporary disabilities due to the injury. Payment shall be made for the period of such temporary absence for a total of 30 days from the date of injury.

During the period of workers' compensation leave, the district shall not charge any earned vacation leave, accrued temporary leave or other similar benefits to the employee nor shall such benefits be available to the employee while eligible for workers' compensation leave. The sole district compensation to the employee during the period of disability shall be the district's workers' compensation leave payment provided for by this policy. Eligible employees shall continue their insurance coverage while on workman's compensation leave.

Because the district will pay each employee an amount which exceeds the indemnity payment available under workers' compensation, the district shall be eligible for reimbursement by the worker's compensation division or insurance carrier for any benefit payments for which a district employee applies and is eligible. The indemnity payment shall be assigned to the district while it is making workers' compensation payment to the employee in accordance with this policy.

In the event temporary disability exceeds the 30 days for which workers' compensation leave payments are available from the district and the employee is still eligible for indemnity payments, those payments shall be made directly to the employee from the workers' compensation division or insurance carrier.

The administration is directed to notify the worker's compensation division or insurance carrier of the district's eligibility to receive reimbursement while an employee is on workers' compensation leave. The administration also is directed to establish necessary procedures to implement this policy.

 

Adopted March 28, 1978

Revised September 16, 1980 

Revised to conform to practice: January 24, 1984 

Revised May 25, 1993 Revised January 13, 2011 

Revised February 10, 2014 

Revised June 23, 2021

LEGAL REF: C.R.S. 8-42-124 

CROSS REFS: 

CONTRACT REF: CCSEA Master Agreement, Article 12.2 

BEA Agreement 10.13