accident_leave_policy_01012000.doc - OFFICE OF PERSONNEL...

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OFFICE OF PERSONNEL SERVICES AND BENEFITS’ POLICY SUBJECT: ACCIDENT LEAVE SECTION: Issued: 1/1/00 Revision No. Page 1 of 6 Effective: 1/1/00 APPROVED:___________________________________________ OPSB Executive Director 1. POLICY 1.1 It is the policy of the State of Maryland to provide for the prompt, efficient, and uniform processing of work-related employee injury complaints. 1.2 It is the policy of the State to provide employees who suffer work-related injuries with accident leave to cover periods of absence from the job due to such injuries. 2. APPLICABILITY 2.1 This guideline applies to all executive branch agencies in the State Personnel Management System (SPMS). 2.2 Each employee in the State Personnel Management System, except a temporary employee, is entitled to accident leave if: 2.2.1 the employee sustains a disabling personal injury that would be compensable under the Maryland Workers' Compensation Act; and 2.2.2 a physician examines the employee and certifies that the employee is disabled because of the injury. 3. DEFINITIONS 3.1 Accident Leave – Leave provided to an employee who has sustained a work-related disabling personal injury which would be compensable under the Maryland Workers’ Compensation Act. 3.2 Subrogation – A legal action in which the State seeks to recover the actual monetary losses it experiences as the result of an injury to a State employee which is the result of a third party’s actions. Subrogation allows the State to assume the rights of the employee in bringing an action against the third party.
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OFFICE OF PERSONNEL SERVICES AND BENEFITS’ POLICY SUBJECT: ACCIDENT LEAVE SECTION: Issued: 1/1/00 Revision No. Page 2 of 6 Effective: 1/1/00 3.3 Payment – Equals two-thirds of the employee’s regular pay which may be excluded from federal adjusted gross income and therefore is not subject to either federal or State income tax. 4. NOTICE OF RIGHT TO FILE WORKERS’ COMPENSATION CLAIM 4.1 Within 14 days of receiving notification that an employee has experienced a work-related injury the appointing authority shall notify the employee, in writing, of the employee’s right to file a claim with the Maryland Workers’ Compensation Commission.
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