Florida Administrative Code
60 - DEPARTMENT OF MANAGEMENT SERVICES
60L - Personnel Management System
Chapter 60L-34 - ATTENDANCE AND LEAVE
Section 60L-34.0061 - Disability Leave
Universal Citation: FL Admin Code R 60L-34.0061
Current through Reg. 50, No. 187; September 24, 2024
(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.
New 1-22-02.
Disclaimer: These regulations may not be the most recent version. Florida may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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