Section R2-5A-D602. Industrial Leave

A.      Use of leave.

1.        An agency head shall place an employee who sustains a job-related illness or injury that is compensable under the Workers’ Compensation Law, A.R.S. Title 23, Chapter 6 on sick leave.

2.        If an employee who is on leave under the Worker’s Com- pensation laws meets Family and Medical Leave Act (FMLA) eligibility requirements and the leave qualifies for FMLA leave, an agency head shall count it as FMLA leave. An agency head shall apply industrial leave and FMLA concurrently.

3.        An employee shall use leave in an amount necessary to receive total payments (leave payments plus Workers’ Compensation payments) that do not exceed the gross salary of the employee.

4.        If an employee exhausts all sick leave, compensatory leave and annual leave, an agency head shall place the employee on leave without pay.

B.       Payments. If an employee receives a retroactive Workers’ Compensation payment for any period of industrial illness or injury for which leave payments were received, the employee shall reimburse the agency for Workers’ Compensation pay- ments that exceed 100% of the employee’s base pay before the illness or injury, and the agency head shall restore the equiva- lent value of leave to the employee’s appropriate leave account.

C.      Light duty. If an employee has a job-related illness or injury that impairs performance on the former job, the agency head shall make every effort to place the employee in a suitable position within the agency, including a light duty assignment.

D.      Restriction. An agency head shall not grant sick leave or leave without pay to an employee who fails to accept compensation

available under the industrial injury and disease provisions of A.R.S. §§ 23-901 to 23-1091.

E.       Insurance benefits continuation. An employee who is using leave with pay in accordance with subsection (A) remains eli- gible for continued participation in the employee insurance plans and the employee’s share of premiums/contributions is paid through payroll deduction. An employee who is on leave without pay due to an industrial illness or injury may continue to participate in the employee insurance plans as follows:

1.        Health benefit plan participation.

a.        An employee may continue to participate in the health benefit plan for a maximum of six months from the date of illness or injury by paying the employee premium/contribution.

b.        At the end of the six-month period, an employee who remains on leave without pay due to industrial illness or injury may continue to participate in the health benefit plan by paying both the state and employee premiums/contributions, until the employee returns to work or is determined to be eli- gible for Medicare coverage or Long-term Disabil- ity, whichever occurs first.

2.        Life insurance plan participation. An employee who is on leave without pay continues to participate in the basic life and accidental death and dismemberment insurance plan without cost for six months after the month in which the illness or injury occurs. During this six-month period, the employee may continue supplemental life and dependent life coverages that were in effect at the start of the leave by paying the applicable premium/contribution.

3.        Termination of insurance. The insurance coverage of an employee on leave without pay who fails to pay insurance premiums/contributions when due shall terminate at 11:59 p.m. on the last day of the period covered by the last premium/contribution paid.

F.       Accrual of leave. An employee shall continue to receive full leave accrual as long as the employee uses two or more hours of paid leave each day.

Historical Note

Section made by exempt rulemaking at 18 A.A.R. 2782, effective September 29, 2012 (Supp. 12-4).