Page 61 - 2016-2021-ISU

Workers’ Compensation Law shall have the option of using accrued leave

credits or being placed on leave without pay. Where an employee charged

credits and it is subsequently determined that no waiting period is required,
the employee shall be entitled to restoration of credits charged proportional

to the net monetary award credited to New York State by the Workers’
Compensation Board.

§11.4 When vacation credits are restored pursuant to this Article and such
restoration causes the total vacation credits to exceed 40 days, a period of

one year from the date of the return of the credits or the date of return to
work, whichever is later, is allowed to reduce the total accumulation to 40

days.
§11.5 (a) An employee receiving Workers’ Compensation payments for

a period of disability found compensable by the Workers’ Compensation
Board shall be treated as though on the payroll for the length of the

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 ground 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

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