R477-7-16. Workers Compensation Leave

  (1) An employee may use accrued leave benefits to supplement the workers compensation benefit.

  (a) The combination of leave benefit, wages and workers compensation benefit may not exceed the employee's gross salary. Leave benefits shall only be used in increments of one hour in making up any difference.

  (b) The use of accrued leave to supplement the worker compensation benefit shall be terminated if the:

  (i) employee is declared medically stable by a licensed medical authority;

  (ii) workers compensation fund terminates the benefit;

  (iv) employee refuses to accept appropriate employment offered by the state; or

  (v) employee is notified of approval for Long Term Disability or Social Security Disability benefits.

  (c) The employee shall refund to the state any accrued leave paid which exceeds the employee's gross salary for the period for which the benefit was received.

  (2) Workers compensation hours shall be counted for purposes of annual, sick and holiday leave accrual while the employee is receiving a workers compensation time loss benefit for up to six months from the last day worked in the regular position.

  (3) Health insurance benefits shall continue for an employee on leave without pay while receiving workers compensation benefits. The employee is responsible for the payment of the employee share of the premium.

  (4) If an employee has applied for LTD and is approved, the employee shall be eligible to receive a medical coverage stipend in their LTD check each month, beginning the day after the employee's last day worked pursuant to R477-7-17(2).

  (5) If the employee is able to return to work in the employee's regular position, the agency shall place the employee in the previously held position or a similar position at a comparable salary range.

  (6) If the employee is unable to return to work in the regular position, or if documentation from one or more qualified health care providers clearly establishes that the employee has a permanent condition preventing the employee from returning to the last held regular position, the employee may be separated from state employment unless prohibited by state or federal law. Exceptions may be granted by the agency head in consultation with DHRM.

  (7) An employee who files a fraudulent workers compensation claim shall be disciplined under Rule R477-11.

  (8) An employee covered under 67-19-27 who is injured in the course of employment shall be given a leave of absence with full pay during the period the employee is temporarily disabled.

  (a) the employee shall be placed on administrative leave; and

  (b) any compensation received from the state's workers compensation administrator shall be returned to the agency payroll clerks for deposit with the State Treasurer as a refund of expenditure in the unit number where the salary is recorded.