File: GBGD - Workers' Compensation

NOTE: While Colorado school districts are not required by law to adopt a policy on this subject, some content in this sample reflects legal requirements school districts must follow. This sample contains the content/language that CASB believes best meets the intent of the law. However, the district should consult with its own legal counsel to determine appropriate language that meets local circumstances and needs.

An employee is eligible for workers' compensation leave from the district during the period of time the employee is temporarily disabled as the result of any injury arising out of and in the course of employment which qualifies for an indemnity payment from the workers' compensation division of the Colorado Department of Labor and Employment.

Workers' compensation leave shall be available only to those persons who sustain a temporary total disability and are unable to perform services for the district while disabled.

[NOTE: One of the following options may be included at the Board's discretion.]

Option 1: (allows employee to supplement indemnity payments with accrued leave):

The primary source of compensation for an employee on workers' compensation leave shall be the indemnity payment from the workers' compensation section of the division of worker's compensation of the Colorado Department of Labor and Employment or insurance carrier as determined by state law. The employee may use accrued school district sick leave and vacation time to supplement the workers' compensation payment.

Under no circumstances shall an employee be allowed to receive more than an amount equal to the weekly wage or equivalent when combining the indemnity payment from workers' compensation and school district benefits. The employee shall provide any requested documentation to the school district to evidence amounts paid by workers' compensation before benefit payments are allowed by the school district.

[or]

Option 2: (prohibits employee from supplementing indemnity payments with accrued leave):

The sole source of compensation for an employee on workers' compensation leave shall be the indemnity payment from the workers' compensation division of the Colorado Department of Labor and Employment or insurance carrier as determined by state law. The employee shall not be permitted to use accrued school district sick leave or vacation time to supplement indemnity payments during the employee's workers' compensation leave.

While on workers' compensation leave under a temporary total disability, employees shall continue to have school district health, life and disability insurance coverage, to the same extent the employee had such coverage prior to taking workers' compensation leave, for a period of time not to exceed ____________________. At such time, the employee shall be given the option of directly assuming payment of the district's costs for such benefits or discontinuing the coverage until returning to work and again being eligible for benefits, unless the district is otherwise required to pay for or continue such coverage under applicable law.

The administration is directed to establish necessary procedures to implement this policy.

NOTE: The district is not required by state workers' compensation law to continue insurance coverage at the district's expense but may be required to do so for a specific time period under the federal Affordable Care Act (ACA). If coverage is not continued at district expense, the employee must be given the option of paying for continuing coverage. If, however, the injury or disability qualifies for leave under the Family and Medical Leave Act (FMLA), insurance coverage cannot be discontinued during such FMLA leave, but may be at the employee's expense unless the district is required to pay its costs under the ACA.

(Adoption date)

LEGAL REFS.: 29 U.S.C. 2601 et seq. (Family and Medical Leave Act of 1993)

P.L. 111-148 (Patient Protection and Affordable Care Act)

C.R.S. 8-40-101 et seq. (Workers' Compensation Act of Colorado)

CROSS REFS.: GBGG, Staff Sick Leave

GCD, Professional Staff Vacations and Holidays

GDD, Support Staff Vacations and Holidays

[Revised March 2015]