7I. Workers’ Compensation
An employee is eligible for workers’ compensation leave from the BOCES 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 BOCES while disabled.
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 rate of compensation will be 66 and 2/3% of his/her average weekly wage.
The employee is required to use three days of sick leave after the disability occurs. After that point, the employee will receive compensation from the workers’ compensation section of the Colorado Department of Labor and Employment. During this period of compensated leave, the BOCES shall not charge any time from vacation, sick, or personal leave. Likewise, the employee will have no access to vacation, sick or personal leave while eligible for workers’ compensation leave. Note: Taxes and PERA are not deducted from Workers’ Compensation.
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 BOCES benefits. The employee shall provide any requested documentation to the BOCES to evidence amounts paid by workers’ compensation before benefit payments are allowed by the BOCES.
While on workers’ compensation leave under a temporary total disability, employees shall continue to have BOCES health, life and disability insurance coverage. The employee shall be responsible for their share of the monthly premium if applicable.
LEGAL REFS.: 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