Section 2150.1  Definitions

 

            "Accident" for the purpose of this Part means an illness or injury arising out of and within the scope of employment which precludes an employee from performance of job duties and requires time away from work.

 

            "Agency" for the purpose of this Part refers to any State agency offering the Service-Connected days benefit as a part of their Workers' Compensation program.

 

            "Compensable accident" for the purpose of this Part means any accident that falls under the coverages afforded by the Workers' Compensation Act (Ill. Rev. Stat. 1987, ch. 48, pars. 138 et seq.) or Workers' Occupational Diseases Act (Ill. Rev. Stat. 1987, ch. 48, pars. 172 et seq.), and is deemed to be a valid claim by the Department of Central Management Services (DCMS), Risk Management Division, other appropriate State claims administration units, or is ruled a compensable claim by the Illinois Industrial Commission through arbitration proceedings.

 

            "Employee" for the purpose of this Part means any regular officer or employee who receives salary or wages for personal service rendered to the State of Illinois and is eligible for coverage under Section 1(b) of the Workers' Compensation Act or Section 1(b) of the Workers' Occupational Diseases Act.

 

            "Physician Statement" for the purpose of this Part means a statement from a practitioner licensed to practice medicine in the State of Illinois (or who practices medicine in another state and meets the licensure requirements of that state).

 

            "Service-Connected Day" for the purpose of this Part means an authorized absence from work at full salary paid from Personal Services appropriations when the absence is due to a compensable accident injury or illness as determined by the DCMS Risk Management Division (or other appropriate State claims administration units) and within the guidelines outlined in the Workers' Compensation Act or Workers' Occupational Diseases Act. The employee shall not be charged any accumulated benefit time such as sick leave, vacation time, compensatory time, or personal business days for this authorized absence.

 

(Source:  Amended at 13 Ill. Reg. 19933, effective December 12, 1989)

 

Section 2150.2  Entitlement

 

When an employee of an agency offering this benefit suffers an accident, and such accident is determined by the DCMS Risk Management Division (or other appropriate State claims administration units) to be compensable, the employee shall be entitled to up to a maximum of three Service-Connected days (except as otherwise provided for in bargaining unit agreements), subject to all provisions as outlined in Section 2150.5 below.

 

Section 2150.5  Policy

 

As defined in the above Sections, any employee of an agency offering Service Connected days suffering a compensable accident shall be allowed up to a maximum of three Service-Connected days (except as otherwise provided for in bargaining unit agreements) as long as the following criteria are met:

 

a)         Approval or denial of Service-Connected days shall be solely decided by the agency Director or management personnel designated by such Director and subject to DCMS (or other appropriate State claims administration units) approval of the claim for Workers' Compensation benefits.  DCMS personnel shall have no authority to approve or deny Service-Connected days apart from the determination of compensability for Workers' Compensation purposes.

 

b)         Medical documentation in the form of a Physician Statement verifying the need for time off from work shall be required prior to the approval of Service-Connected days.  Exceptions may be granted in the event the injury or illness is serious enough to preclude the employee from obtaining the required medical verification.  However, every effort must be made by the employee to provide the necessary documentation as soon as is practical after the incident.  Until such time as the claim for Workers' Compensation benefits has been approved by the DCMS Risk Management Division (or other appropriate State claims administration units), the employee shall be allowed to use accrued leave time (sick, vacation, compensatory, or personal days).  Once approved, timekeeping personnel shall restore the benefit time used to the employee's account.  If the employee chooses not to use accrued benefit time, he/she shall be docked for the time lost until a determination of eligibility for benefits is made.

 

c)         For timekeeping purpose, the first Service-Connected day shall be the first regularly scheduled work day after the date of the accident.  If, due to the nature of the injury or illness, time off is needed on the day of the accident, the employee must receive approval from his immediate supervisor.  If approved, no accrued leave time shall be charged to the employee and he/she shall remain on the regular payroll for that portion of the day absent.

 

d)         If an employee needs to use the Service-Connected time in noncontinuous or hourly increments, such as for doctor appointments or physical therapy, these absences shall be granted only if supported, in advance, by a Physician Statement verifying the need for the absence.

 

e)         A Workers' Compensation file must be created by the agency in order to authorize Service-Connected days.  Since medical verification is required, completion of the necessary Workers' Compensation forms (Illinois Industrial Commission form 45 and DCMS forms 900-1 through 900-7, as appropriate) will facilitate payment of any medical charges incurred as a result of the injury or illness.

 

f)         If an employee reinjures the same body part any time after the original injury, and the accident is determined to be compensable, the reinjury is considered a new accident and Service-Connected days shall be issued in accordance with the guidelines and policies outlined above.

 

g)         All agency timekeeping personnel shall be required to keep records of the total days and dollar amounts expended due to the use of Service-Connected days.  Agencies shall be required to submit semi-annual reports to the DCMS Risk Management Division, or other appropriate state claims administration unit, on July 1 and December 31 of each year identifying the number of days granted and the associated costs.