60L-34.0061. Disability Leave

(1) The following provisions govern job-connected disability leave with pay:

(a) An employee who sustains a job-connected disability that is compensable under Chapter 440, Florida Statutes, shall be carried in full-pay status for up to forty work hours without being required to use accrued leave, beginning immediately following the onset of the injury. This leave may be used intermittently to cover appointments to health care providers, physical therapy, and similar activities provided that these activities are directly related to the employee’s Workers’ Compensation injury. An employee who returns to work and has exhausted the forty hours of disability leave will, upon presentation of written confirmation from the authorized physician, be granted additional disability leave not to exceed forty-eight hours for follow-up examinations or treatment required by the authorized treating physician for a particular injury.

(b) If, as a result of the job-connected injury, the employee is unable to resume work at the end of the forty-hour period provided in paragraph (a), the employee may continue on full-pay status while covered by Workers’ Compensation as follows. Continuing on full-pay status means receiving the salary being received before the disability. In no case shall the employee’s salary and Workers’ Compensation benefits exceed the amount of the employee’s regular salary payments:

1. The employee may elect to use accrued sick, compensatory, or annual leave in an amount necessary to achieve full-pay status. The employee’s annual hourly rate (annual salary/2080) shall be used to determine the number of leave hours needed to supplement the Workers’ Compensation payments.

2. If the employee elects not to use accrued leave, or after the employee has exhausted all earned leave in accordance with subparagraph 1. above, the employee shall be placed on leave without pay and shall revert to normal Workers’ Compensation benefits; provided, however, that the agency may petition the Department to continue the employee on full-pay status as follows:

a. The petition shall include a medical report that gives a current diagnosis of the employee’s physical condition and a prognosis regarding recovery and ability to return to work.

b. The petition shall describe (i) the type and extent of the injury, (ii) the circumstances of the injury, and (iii) the nature of the employee’s duties. The petition shall explain why, in light of the foregoing, it is in the best interest of the state to continue the employee at full-pay status.

(c) An employee covered by Workers’ Compensation shall continue to earn and accrue full leave credits.

(d) The following provisions apply when an employee on disability leave returns to alternate duty:

1. When the Division of Risk Management of the Department of Insurance has determined that an employee is entitled to receive a temporary partial disability benefit pursuant to Section 440.15, Florida Statutes, and there is medical certification that the employee cannot perform the duties of the employee’s regular position, but the employee can perform some type of work beneficial to the agency, the agency, if appropriate, will return the employee to the payroll at regular rate of pay to perform such duties as the employee is capable of performing even if there is not an established position in which the employee can be placed.

2. If an agency returns an employee to alternate duty, the agency shall advise the employee in writing of the alternate duties to be performed, hours of work, and the expected length of time of the alternate assignment. The agency shall review the employee’s performance at least quarterly. The agency shall maintain appropriate records of affected employees.

3. When the employee becomes able to perform regular position duties, the agency shall reassign the duties accordingly and return the employee to regular position. In no event shall the employee be allowed to continue performing the alternate duties once maximum medical improvement has been determined by the Division of Risk Management unless appointed to the position as provided in Chapter 60L-33, F.A.C. The agency shall maintain appropriate records of employees removed from alternate duty.

(2) The following provisions govern compulsory disability leave:

(a) An agency with reason to believe that an employee is unable to perform assigned duties, or is otherwise interfering with the operations of the work unit, due to physical or mental illness or injury, shall request a report from the employee’s doctor (including psychologist) concerning the employee’s abilities or require the employee to submit to an examination by a doctor selected and paid for by the agency. The agency may place the employee on compulsory disability leave pending the doctor’s report. If the examination confirms that the employee is unable to perform assigned duties, the agency shall continue or place the employee on compulsory disability leave or take action to remove the employee from the position, including dismissal. The employee shall be notified in writing of the duration of the disability leave and the conditions under which the employee will be allowed to return to employment.

(b) The employee may elect to use earned leave to cover the period of disability. If the employee does not have sufficient leave credits to cover the disability leave, or elects not to use leave credits, the leave shall be without pay.

(c) If the employee remains unable to perform at the end of an approved leave, the agency, based on a current doctor’s certification, shall either request the employee’s resignation for reasons of inability to perform assigned duties, or dismiss the employee for cause based on inability to perform assigned duties.

(d) If the employee refuses to submit to the doctor’s examination, the agency shall decide based on the available information whether to request the employee’s resignation for reasons of inability to perform assigned duties, or dismiss the employee for cause based on inability to perform assigned duties.

(e) In taking action with respect to compulsory disability, an agency shall ensure that it complies with the requirements of applicable federal and state laws.

Specific Authority 110.1055, 110.201, 110.219(5) FS. Law Implemented 110.219, 216.251 FS. History–New 1-22-02.