Section 28.02. Effect of worker's compensation.

 

(1)  During the period an employee is absent from work due to injury from state employment and is awaiting a determination under ch. 102 , Stats. , the employee personally or through his or her representative may elect to:

(a) Use accrued paid leave credits, e.g., sick leave, vacation, holiday, compensatory time, to cover the absence from work and consequent loss of earnings, or

(b) Request leave without pay and await payment of worker's compensation.

(2)  The employee shall give written notification to the employing agency of the elected manner of coverage for such absence before the end of the pay period in which the absence occurs. If the employee fails to specify how the absence should be covered, the absence shall be charged against the available leave options as determined by the agency, which may be later amended upon the employee's request.

(3)  In instances where accrued leave with pay credits have been used to cover an absence which is later found compensable, the appointing authority shall, if requested by the employee, provide leave without pay on a day for day basis, with such leave to be taken in accordance with s. ER 18.14 (2) (a) .

(4)  If the employee elects to await worker's compensation and the claim is later found non-compensable, accrued leave with pay credits may be used for the absence.

(5)  An employee may elect to use accrued paid leave credits to supplement worker's compensation benefits under ch. 102 , Stats. , to the extent that the employee shall receive the equivalent of the employee's base pay as defined under s. ER 1.02 (5) . Notice of such election by the employee shall be reported in the same manner provided for in sub. (2) .

History: Cr. Register, October, 1972, No. 202 , eff. 11-1-72; am. (1) (b), (4) and (5), Register, December, 1976, No. 252 , eff. 1-1-77; am. (1) (intro.) and (a), (2), (3) and (5), Register, February, 1981, No. 302 , eff. 3-1-81; renum. from ER-Pers 28.02 and am. (2) and (5); correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466 .