disabilty benefits in contract
|Comfortably ... 154 posts||
In Ohio we only get 1 year. I believe you’re looking for section D in this, our contract reads like this:
35.01 – Disability Program Eligibility and administration of disability benefits shall be pursuant to current Ohio Law and the Administrative Rules of the Department of Administrative Services except for the following modifications and clarifications:
A. Any full-time permanent employee with a disabling illness, injury, or condition that will last more than fourteen (14) consecutive days AND who has completed one (1) year of continuous state service immediately prior to the date of the disability may be eligible for disability leave benefits.
B. To be eligible for disability leave benefits, an employee must be: (1) in active pay status on approved sick leave, (2) on approved disability leave, (3) on approved leave of absence without pay for personal medical reasons or (4) disability separated. Employees alleging conditions precluded by OAC 123:1-33-14 are not eligible for disability benefits, unless the exceptions of the section are met. An application for disability benefits based on a diagnosis of a mental disorder, including but not limited to, psychosis, mood disorders, and anxiety, must be confirmed by a licensed mental health provider authorized by the Employer’s Mental Health Administrator. Where the initial application is accompanied by the opinion of such provider, it shall be processed accordingly. However, where the diagnosis is submitted by any other medical professional, the Employer shall make expeditious arrangements for the required examination by the licensed mental health provider. Approval of the application will be contingent upon receipt of substantiation from such provider. In the event the examination is outside the parameters of the employee’s mental healthcare plan, the cost of the examination shall be borne by the Employer.
C. Part-time or established term regular and established term irregular employees who have worked fifteen hundred (1500) or more hours within the twelve (12) calendar months preceding disability shall be entitled to disability benefits based upon the average regular weekly earnings for weeks worked over that twelve (12) month period.
D. Effective for all claims filed on or after March 1, 2006, disability benefits will be paid at seventy percent (70%) of the employees base rate of pay for the first three (3) months, and fifty percent (50%) for the next nine (9) months, and shall be entitled to receive disability leave benefits up to a lifetime maximum of twelve (12) months. All employees receiving payments under Article 35 prior to March 1, 2006 shall be paid according to the terms of Article 35 contained in the Collective Bargaining Agreement which expired on February 28, 2006. The utilization of disability leave prior to March 1, 2006 and the continuation of any disability leave past March 1, 2006 shall not be counted against the above one (1) year maximum. Employees who are grandfathered under the previous provisions of Article 35 shall continue to only receive benefits under such provisions until their instant disability leave is terminated, either by recovery and ability to return to work, expiration of the time period allocated to that disability claim, the lifetime maximum limits or termination of employment. Thereafter any claim filed shall be administered in accordance with the new provisions of this Article, effective March 1, 2006.
E. The Employer agrees that transitional work programs will not violate the provisions of the Family and Medical Leave Act.
F. Pursuant to OAC 123:1-33-14, employees who have been denied Workers’ Compensation lost time benefits for an initial claim, may file an application for disability leave benefits twenty (20) days from the notification by the Bureau of Workers’ Compensation of the denial of an initial claim.
G. Disability separations shall be made pursuant to OAC 123:1-33. The Employer’s decision to disability separate an employee or to deny reinstatement from an involuntary disability separation shall not be grieveable but shall be exclusively subject to appeal through the State Personnel Board of Review (SPBR).
H. In the event an employee submits an application for disability leave after either (1) the employee has received notice that he/she is under investigation for possible disciplinary action or (2) where an investigation regarding the employee is actively underway, disability payments may be held in abeyance subject to the following procedure: The Agency shall promptly notify DAS that (1) an investigation is underway, (2) the date that the investigation was initiated, (3) the basis of the investigation and (4) why access to the employee is necessary for completion of the investigation. A copy of the disability leave application and all accompanying documentation shall be forwarded with the notification. In the event that DAS concurs that the disability payments should be held in abeyance, DAS shall notify the employee, by regular and certified mail, that the disability payments shall not be processed until the completion of the investigation. An investigatory interview pursuant to Article 24, Section 24.04 of the Collective Bargaining Agreement shall be scheduled no more than thirty (30) days after the Agency files the investigation for possible discipline with DAS. The matter shall then be subject to the constraints of Article 24 of the Collective Bargaining Agreement. Upon completion of the investigatory interview, or the thirty (30) day period, payments may be made, providing the application qualifies for eligibility. However, if the investigation cannot be completed as a result of the employee’s absence, the investigatory interview shall be cancelled and the application shall be denied. Said denial shall not prevent the submission of a new application, subject to the above same requirements. This section shall not be applicable where the absence, and subsequent disability, is the result of hospitalization for more than five (5) days for a serious medical condition. If an application for disability benefits is pending and/or has been approved prior to the initiation of the investigation, this section shall not be applicable.
|smp75 2 posts||
I am new to this site. I am wondering if anyone has in their current contracts a section on disability benefits. Our contract as it stands now is that we are only entitled to a max of 5 yrs of medical benefits if we are removed from work on a permanent disability. For example if an officer in his 24th year of service is working the tier and is taken out by sum low-life inmate and can never work again our county will only pick up his medical benes for 5yrs. thats it. I am on my contract committee and i am trying to see if anyone has a similar situation. Or how many contracts offer lifetime benefits for those officers who go out on permanent disability. If your contract does give lifetime benes does it stipulate whether it is an ordinary or accidental disability. Ordinary meaning that you slip on some water in the hallway and wrench your back or your knee goes out and now you cannot work to your max potential. Accidental meaning you get a shank to the back or you are transporting an inmate in a vehicle and you are sideswiped and cannot work as a C/O no more. I appreciate any insight in this matter.
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