E. Workers' Compensation Disability Leave

Workers' Compensation Disability Leave will be granted to employees with occupational illnesses or injuries who cannot be reasonably accommodated with modified work assignments in accordance with state law. Leave taken under the Worker's Compensation Disability policy runs concurrently with Family and Medical leave under both federal and state laws and will be counted as a medical leave if the injury qualifies as a serious health condition.

  1. Notice and Certification Requirements
    Employees must report all accidents, injuries and illnesses no matter how small to their immediate supervisor. In addition, employees must provide the college with certification from a health care provider of the treatment received.
  2. Compensation During Leave
    Workers' Compensation Disability Leaves are without pay. However, employees may use accrued vacation and/or sick leave during the leave. All such payments will be coordinated with any Workers' Compensation temporary disability or other wage reimbursement benefits for which the employee is eligible. At no time shall an employee receive more net pay from all sources than the employee's regular net pay.
  3. Benefits During Leave
    If the employee taking Workers' Compensation Disability Leave is eligible under the Federal or State Family and Medical Leave Law, the college will maintain group health insurance coverage in accordance with applicable state and federal law.
  4. Reinstatement
    Upon submission of a medical certification that the employee is able to return to work, the employee will be offered the same position held immediately prior to the leave, unless the position no longer exists or the position has been filled in order to avoid diminishing the college's ability to operate safely and efficiently, or the employee is no longer capable of performing the essential job responsibilities. If the employee's former position is not available, a substantially similar position will be offered unless there is no substantially similar position available, or filling the available position would substantially diminish the college's ability to operate safely and efficiently, or the employee is not capable of performing the job responsibilities of a substantially similar position. If an employee returning from Workers' Compensation Disability Leave is unable to perform the essential functions of the job because of a physical or mental condition, the Americans with Disabilities Act may govern the College's obligation to that employee.

    Westmont will consider accommodating employees with a work-related injury or illness that prevents them from performing full regular duties by considering the provision of temporary transitional work within the employee's medical restrictions. Accommodation will be considered on a case-by-case basis subject to an evaluation of the individual's restrictions and job capabilities. There is no guarantee that a transitional work assignment will be offered. The supervising physician will make the determination of appropriate work in cooperation with Westmont supervision. The duration of temporary transitional work will not exceed 90 days.
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