Chapter 4: When an Injury or Illness Results in Time Away from Work
Lost Time
Providing the claim is accepted:
An injury that results in time away from work, as certified by the treating physician, or as impacted by physician-assigned limitations or restrictions; an employee may receive Temporary Disability (TD) benefits for lost wages.
For the first three days (waiting period) while the employee is unable to work, these benefits are not paid. However, if the employee is hospitalized as an inpatient or unable to work for more than 14 days, the three-day waiting period does not apply (waived).
Election Letter and Form
Once an injured employee is away from work for more than three days, and the claim has been accepted, Sedgwick will issue a check for Temporary Disability (TD). Temporary total disability (TTD) is an income replacement for full-day lost wages. Temporary partial disability (TPD) is a wage replacement for partial days of lost wages (for example the employee is released to work only 4 hours per day).
When a new claim is submitted to the UC Injury Illness Reporting System, several documents will be sent to you via regular mail. If you lose time from work, you will need to complete the Workers Compensation Election form. This will enable the campus to process any needed Worker's Compensation leave and issue supplemental pay.
The Election Form must be completed and returned to Disability Management within ten days. Should the employee fail to respond to this notice, Option 2 (using sick leave only) is automatically selected.
UC Berkeley’s Pay Process
Temporary Disability checks are mailed directly from Sedgwick to an injured worker’s home address. UCPath will provide normal salary checks to an employee who is using sick and/or vacation leave. Sedgwick will send paperwork to instruct UCPath to deduct the employee’s Temporary Disability amount from the employee’s paycheck.
State Benefits/University Supplemental Benefits
State Mandated Benefits:
Medical Care
Employees are entitled to reasonable medical treatment to cure or relieve work-related injuries and illnesses.
Temporary Disability
Temporary Disability (TD) benefits include compensation for lost wages for up to 66 2/3% of the average weekly salary up to statutory maximums until the employee’s medical condition is resolved or is determined to have reached Permanent and Stationary (P&S), or Maximum Medical Improvement (MMI).
Permanent Disability
Permanent Disability (PD) is any lasting disability from an employee's work injury or illness that affects the employee's ability to earn a living. If an injury or illness results in PD, the employee is entitled to PD benefits as established by state law.
Death Benefits
Death benefits are payments to a spouse, children, or other dependents if an employee dies from a work-related injury or illness. These benefits are established by state law.
Supplemental Job Displacement Voucher
Voucher for retraining/skills enhancement should the employee be deemed unable to return to work.
University Supplemental Benefits:
For those employees that accrue sick leave, in addition to state-mandated benefits, the University provides supplemental benefits as described below:
Supplemental Leave
An employee remains at 100% of their normal salary, by using their sick leave and/or vacation leave to supplement the TD check(s). The employee receives a TD payment (check), from Sedgwick and their payroll check from the University. The department is credited with the amount of the TD check(s) by UCPath. This will show on the Department’s Distribution of Payroll Expenses (PPP 5302) as WCA (Workers’ Compensation Adjustment).
Extended Sick Leave (ESL)
When or If the employee exhausts all available sick and vacation accruals (provided that the employee has chosen to use their vacation), ESL is applied for up to 26 weeks.
The employee's pay remains at 80% of their normal salary. The employee receives TD payments from Sedgwick (check), and their payroll check from the University. The department is credited with the amount of the TD check(s) by UCPath. This will show on the Department’s Distribution of Payroll Expenses (PPP 5302) as WCA (Workers’ Compensation Adjustment).
Note: Employees that do not accrue sick leave, are not eligible for either Supplemental Leave or Extended Sick Leave.
Lincoln Financial Group: Short-Term Disability (University Paid) & Supplemental Disability (Employee Paid) Plans
Basic Short-Term Disability (University Paid)
This benefit does not apply for work-related disabilities unless the Workers' Compensation claim has been denied or is on delay status.
Voluntary Short and Long-Term l Disability (Employee Voluntary Paid)
This benefit could supplement Workers’ Compensation temporary disability after the Extended Sick Leave benefit has been exhausted.
Coordination of Benefits
Coordinating these benefits and making the appropriate calculations can be complicated and confusing. Disability Management can assist department personnel and the employee during this process.
Workers' Compensation Supplement Benefit Options:
Option 1 |
Option 2 |
Option 3 | |
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Options |
Employee elects: to use accrued sick leave (SL) and vacation leave (VL) to supplement TD payments. |
Employee elects: to use only accrued sick leave (SL) to supplement TD payments. |
Employee elects: |
Compensation (TD = Up to 66 2/3% of normal salary - to a statutory maximum per week). |
100% of normal salary: TD+ SL/VL =100% 80% of normal salary: Up to 66 2/3% of normal salary: |
100% of normal salary: TD+ SL = 100% 80% of normal salary: Up to 66 2/3% of normal salary: |
Up to 66 2/3% of normal salary: |
Supplemental Disability |
After ESL ends, SD + TD =70% of normal salary (less benefits from other incomes) up to a $10,000 maximum per month. | After ESL ends, SD + TD =70% of normal salary (less benefits from other incomes) up to a $10,000 maximum per month. | Not eligible. |
Health Insurance |
Both the employee’s + UC’s contribution continues while on 100% of normal salary and ESL. When ESL ends, UC continues contribution provided the employee is on LWOP status and receiving TD payments.
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Both the employee’s + UC’s contribution continues while on 100% of normal salary and ESL. When ESL ends, UC continues contribution provided the employee is on LWOP status and receiving TD payments. |
The employee must pay a full premium to continue coverage. |
Credit for Sick and |
At 100% of the normal salary, SL/VL is accrued at the normal rate and may be used as earned. At ESL, SL/VL is accrued at the normal rate but may not be used until the employee returns to work. If the employee terminates, the employee will be paid for VL earned before LWOP status. |
At 100% of the normal salary, SL/VL is accrued at the normal rate and may be used as earned. At ESL, SL/VL is accrued at the normal rate but may not be used until the employee returns to work. If the employee terminates, the employee will be paid for VL earned before LWOP status. |
SL/VL is accrued at the normal rate but may not be used until the employee returns to work. If the employee terminates, the employee will not be paid for VL earned while off due to an accepted Workers' Compensation injury. |
Retirement Benefits |
At 100% of the normal salary, deduction, and service credit continue at the normal rate. At ESL, deduction and service credit continue at 80% of the normal rate. Retirement service credit is based on pay status.
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At 100% of the normal salary, deduction, and service credit continue at the normal rate. At ESL, deduction and service credit continue at 80% of the normal rate. Retirement service credit is based on pay status. |
The employee must pay both the employee and the UC contribution to continue membership. |
Voluntary Deductions |
At 100% of the normal salary or ESL, deductions continue at the normal rate. |
At 100% of the normal salary or ESL, deductions continue at the normal rate. After ESL ends, the employee must make arrangements to pay directly. |
The employee must make arrangements to pay directly. |
Taxability |
Sedgwick CMS checks are tax-free. | Sedgwick CMS checks are tax-free. | Sedgwick CMS checks are tax-free. |