Idaho Administrative Code
Title IDAPA 15 - Governor, Office of
Rule 15.04.01 - RULES OF THE DIVISION OF HUMAN RESOURCES AND IDAHO PERSONNEL COMMISSION
Section 15.04.01.241 - WORKERS' COMPENSATION OR DISABILITY

Universal Citation: ID Admin Code 15.04.01.241

Current through August 31, 2023

01. Use of Leave in a Workers' Compensation Claim. In the event of a disability incurred on the job covered by workers' compensation, the employee will be given the choice of either: (3-31-22)

a. Leave of absence without pay while receiving workers' compensation; or (3-31-22)

b. Utilizing a portion of accrued sick or other paid leave to supplement workers' compensation to maintain his regular salary; however, no appointing authority may require an employee to accept sick leave, vacation leave, or compensatory time off for overtime in lieu of workers' compensation provided by law. Additionally, an employee may not waive his rights to workers' compensation and cannot accept earned leave or other benefits in lieu thereof. (3-31-22)

02. Layoff After Twelve Weeks Disability. If the employee becomes disabled, whether or not due to a workers' compensation injury, and is unable to fully return to work after twelve (12) weeks' absence during any consecutive fifty-two (52) week period or when accrued sick leave has been exhausted, whichever is longer, the employee's position may be declared vacant unless otherwise prohibited by state or federal law. The twelve (12) weeks' period of absence need not occur consecutively. The employee's name is certified to a reemployment preference register when the administrator has been notified by the physician that the employee is able to return to work. (Ref. Rule 101.01) Conditional releases will be considered in accordance with the Americans with Disabilities Act. (3-31-22)

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