Section 21.8 Workers' Compensation Leave - November 30, 1990
This Replaces General Information Bulletin No. 1989-02
NOTE: This General Information Bulletin has been revised to include the changes specified in the Office of the State Comptroller's Payroll Bulletin No. P-665 issued on September 4, 1990.
TO: State Departments and Agencies
Employees covered under the Workers' Compensation Supplemental Pay Program1 receive, as part of their benefit, net pay for up to 39 weeks of disability. This net pay is derived from two sources: an award payment from the State Insurance Fund and a supplemental payment from the Office of the State Comptroller distributed with the agency's regular payroll. Employees affected by this program are understandably concerned about their benefit entitlement and the different payroll procedures that they encounter.
In an effort to provide agencies with a resource to respond to these concerns, the Department of Civil Service has developed the attached sample letter. Included in this general letter is an explanation of the supplemental pay program, an identification of authorized payroll deductions and procedures for employees to follow when all deductions are not taken from their supplemental checks.
This letter is intended as a sample and should be modified to accommodate specific agency or facility personnel procedures. Agencies and facilities that have developed such a letter already may want to consider revisions based upon this sample.1 Those whose workers' compensation incident occurred on or after April 1, 1986 in Administrative, Institutional, Operational, Professional, Scientific and Technical and Rent Regulation Services Units and on or after September 1, 1986 who are designated Managerial/Confidential.
Please direct any questions on the sample letter or other workers' compensation benefit problems to the Employee Relations Section of this Department at (518) 457-5167.
Sample Workers' Compensation Letter
The State Insurance Fund has notified us that your claim for workers' compensation benefits has been accepted. You have been receiving workers' compensation benefits for your work-related injury/illness sustained on ________________. Effective _______________ you will begin receiving supplemental payments as part of your benefit entitlement. You will receive supplemental payments for the number of workdays equal to the period of time found compensable by the State Insurance Fund and Workers' Compensation Board up to a maximum of 39 weeks. Prior to your return to work you must notify the Personnel Office to receive clearance to report to your supervisor.
The Award and Supplement Program
While on the supplemental payment system you will receive, instead of your regular paycheck, an award payment from the State Insurance Fund mailed directly to your residence and a supplemental payment from the Office of the State Comptroller that will be distributed on your regularly scheduled payday at the _____________________ . Together these payments will equal your current net pay. Net pay is defined as your normal gross salary minus federal, state and city withholding taxes, FICA (Social Security) or Medicare taxes. It is possible, depending upon the amount of the award payment, that you will receive no supplemental check. You will be notified if this is the case.
While on the award and supplement wage benefit, you are considered to be in full pay status for the purposes of accruing seniority, continuing retirement service credit and social security credit. You will continue to accrue vacation and sick leave and be granted personal leave. If at any time your State Insurance Fund award payment changes, your supplement will be recalculated to ensure you continue to receive net pay for all eligible absences.
Authorized Payroll Deductions
In addition to taxes, Social Security or Medicare, all deductions previously deducted from your regular paycheck will be deducted from your supplemental check if the supplement is sufficient. If your supplement is insufficient to cover all fixed deductions, it will be necessary to cancel those deductions. If your supplement becomes sufficient, deductions will be automatically restarted again; with the exception of Health Insurance.
You are responsible for arranging to make payments directly for all payroll deductions not taken. All payroll deductions are listed on your paycheck stub and are "coded." The codes are on the reverse side of your check stub. It is important to carefully review your check stub every two weeks as deductions may be added or deleted as your supplement changes.
If your supplement is insufficient, a partial retirement deduction will be taken and a supplemental check issued for $1.00. When you start receiving a regular pay check again, the Retirement System will automatically adjust the amount of your contribution to allow for deductions not taken during award and supplement. If you have any questions, please call the Retirement System at (518) 474-7736.
If your supplement is insufficient, the Department of Civil Service will bill you directly for the employee share. If you do not receive a bill after one month, contact the Health Insurance Administrator in the Personnel Office. Health insurance deductions dropped due to insufficient supplement will not be restarted automatically by the Office of the State Comptroller even if your supplement becomes sufficient to do so. Your agency must file the appropriate forms with the Department of Civil Service to have the deduction restarted.
Direct Deposit Program
If you participate in the Direct Deposit program, you may continue to have these supplemental payments deposited in your bank account.
If you have any questions, please call or write to your local Credit Union Office.
Contact the Personnel Office or Payroll Office to obtain a copy of the CSEA Leave Form. Fill out the form and mail it to CSEA.
The Public Employees Federation will bill you directly on a monthly basis. Please notify PEF when you complete the award and supplement wage benefit to discontinue direct billing:
NYS Public Employees Federation
M/C Auto/Home Insurance
Call Jardine Group Services Corporation at (518) 869-1901 or 1-800-342-1166 to make arrangements for direct payment.
M/C Life Insurance
Forward the first life insurance payment to the Personnel Office. The Personnel Office will provide you with a supply of PS-909, Premium Remittance forms to make payments directly.P-5 Sample Workers' Compensation Letter (continued)
Deferred Compensation deductions can only be made through payroll deduction. If your supplement is insufficient for this payment to be taken, Copeland will not accept direct payments. Questions regarding Deferred Compensation can be directed to:
The Copeland Companies
Individual Retirement Accounts
If you want to continue contributions to your Individual Retirement Account, arrangements for direct payment can be made by calling or writing to the agent handling your account:
Dreyfus Service Corporation
It is important to notify the Personnel Office and deduction agents of any changes in name, address or phone number during your absence.
Very truly yours,
Director of Personnel