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disability not to exceed twelve (12) months per injury for the sole purposes
of accruing seniority, continuous service, health insurance and Employee
Benefit Fund contributions normally made by the State, accrual of vacation
and sick leave, and personal leave. Additionally, such employee shall be
treated as though on payroll for the period of disability not to exceed twelve
(12) months per injury for the purposes of retirement credit and
contributions normally made by the State and/or the employee.
(b) Additionally, an employee receiving Workers’ Compensation
payments for a period of disability found compensable by the Workers’
Compensation Board, which is caused by an assault, shall be treated as
though on the payroll for the length of the disability not to exceed twenty-
four (24) months per injury for the sole purpose of health insurance and
Employee Benefit Fund contributions normally made by the State.
(c) Effective April 1, 2019, an employee who is terminated as a result of
being found permanently disabled by the State Insurance Fund or pursuant
to Civil Service Law Section 71 shall be compensated for all accrued and
unused annual leave.
§11.6 (a) Where an employee’s Workers’ Compensation claim is
controverted by the State Insurance Fund upon the grounds that the
disability did not arise out of or in the course of employment, the employee
may utilize leave credits (including sick leave at half pay) pending a
determination by the Workers’ Compensation Board.
(b) If the employee’s controverted or contested claim is decided in the
employee’s favor, any leave credits charged (and sick leave at half pay
eligibility) shall be restored proportional to the net monetary award
credited to New York State by the Workers’ Compensation Board.
(c) If the employee was in leave without pay status pending determination
of a controverted or contested claim, and the claim is decided in the
employee’s favor, the employee shall receive the benefits in Paragraph
11.5.
(d) Where a claim for Workers’ Compensation is controverted or
contested by the State Insurance Fund, the parties will abide by the
determination of the Workers’ Compensation Board.
§11.7(a) If the date of the disabling incident is prior to April 1, 1986, the
benefits available shall be as provided in the 1982-85 State/CSEA
Agreement.
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