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B. Use of Sick and/or Vacation Leave to Supplement Workers' Compensation Payments

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   Employees being paid workers' compensation for job‑related injuries or disease may use sick and/or vacation leave to supplement the payment up to, but not to exceed, their regular rate of pay.

   Employees on workers' compensation shall earn sick and vacation leave at the same rate being earned prior to the injury or disease except as provided in these rules. Example: An employee earning 8 hours of sick leave prior to injury shall earn 8 hours of sick leave subsequent to injury.

   Holidays occurring during this period will be paid at a rate proportionate to the amount of sick and/or vacation leave being used.

   After all sick and vacation leave has been exhausted, employees shall not be entitled to any leave or pay benefits except as authorized under workers' compensation, and shall be carried in a leave‑without‑pay status while on workers' compensation. This type of leave of absence may exceed 1 calendar year.  No service date adjustment is necessary for this unpaid leave.

   For a period of 1 year after the date of disability and upon termination of workers' compensation, and after the physician has released him/her to return to work, the employee shall be reinstated to his/her former classification with no salary reduction. If his/her former position is not available, the Administrative Office shall place the employee in a similar position and may reduce the employee's salary.

   After 1 year from date of disability, if the employee has not or is not able to return to work, the Nebraska Court System is relieved from any reemployment obligation and the employee may be terminated.

Amended 7-16-03

This page was last modified on Wednesday, November 14, 2012