General Information Bulletin No. 1992-03

Attendance and Leave Manual

General Information Bulletin No. 1992-03

Section 21.8 Workers' Compensation Leave - December 14, 1992

TO: State Departments and Agencies
FROM: Peter Elmendorf, Director; Division of Work Force Planning Services
SUBJECT: Revised Sample Workers' Compensation Letter to Inform Employees of the Statutory Benefit Program

Under the new Statutory Benefit, employees represented by CSEA and DC 37 who sustain a Workers' Compensation injury on or after July 1, 1992, will be removed from the State payroll and placed on Workers' Compensation Disability Leave Without Pay for up to 12 cumulative months of absence. While absent, employees are on leave without pay for salary purposes but treated as though they are in full pay status for certain other benefit purposes. Employees affected by this program are understandably concerned about their benefit entitlement and the impact it will have on their deductions.

The Department of Civil Service has developed the attached sample letter to provide agencies with a resource to respond to employees' concerns. Included in this general letter is an explanation of the statutory benefit program and procedures for employees to follow to continue deductions during a period of disability leave without pay.

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.

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SAMPLE WORKERS' COMPENSATION LETTER
FOR CSEA-REPRESENTED EMPLOYEES
WORKERS' COMPENSATION CLAIMS ON OR AFTER JULY 1, 1992

Dear Employee:

The State Insurance Fund has advised us that you may be eligible to receive Workers' Compensation Wage Replacement Benefits due to injuries you sustained from an accident on _________________________ .
(For a more detailed explanation of the Benefit, please refer to the pamphlet entitled: Workers' Compensation for CSEA-represented NYS Employees.)

Once your absence exceeds the five day waiting period, you will be removed from our payroll and begin receiving wage replacement benefits from the State Insurance Fund mailed directly to your home. Once you are removed from the payroll, you are considered to be on Workers' Compensation Disability Leave Without Pay.

The Statutory Benefit Program

While on Workers' Compensation Disability Leave Without Pay you are considered to be in full pay status for the length of your disability for up to a maximum of 12 months for the following purposes:

health insurance
accruing biweekly leave accruals,
continuous service,
retirement service credit,
Employee Benefit Fund contributions.

You should be aware, however, that although you are considered to be in full pay status, payroll deductions you previously authorized cannot be taken while you are on leave without pay. This is because you will no longer receive a payroll check from this agency and deductions are not allowed to be taken from your workers' compensation wage replacement check under the Workers' Compensation Law.

Authorized Payroll Deductions

To help you during your absence, we have compiled the following list of the most common deductions, what you should do to...

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...continue or discontinue them, and/or whom to contact if you have any questions.

Retirement (Tier III and Tier IV Members)

Upon return to the payroll, the Retirement System will automatically adjust the amount of your contributions to allow for deductions not taken during leave without pay.

Health Insurance

Health insurance coverage for you and your dependents will continue automatically at the employee share for a cumulative 12 months of disability. When you return to work, you will be responsible for paying the retroactive health insurance premiums. If you wish to cancel your health insurance coverage while you are on Workers' Compensation leave, contact your agency health benefits administrator.

Credit Union

Call or write to your local Credit Union Office to make arrangements for making direct payment.

CSEA Dues

Contact CSEA's Membership Department at 1-800-342-4146 to have your CSEA dues waived for up to one year.

CSEA Insurances

Contact your Personnel Office or Payroll Office to obtain a copy of the CSEA Leave Form. Fill out form and mail it to CSEA.

If you have any questions, please call CSEA at 1-800-342-4146.

State Employees' Federated Appeal (SEFA)

If you wish to fulfill your pledge, mail your contribution to the community campaign where your pledge was initiated. Checks should be made payable to SEFA and include the name and location of the employing agency. If you are uncertain where the pledge was initiated, the community campaign code is on the back of your SEFA pledge card.

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Payroll Savings Bonds

Once you return to the payroll, deductions to purchase savings bonds should automatically resume. If they do not, fill out Form AC 846 available from your payroll office and forward it to the Office of the State Comptroller.

Deferred Compensation

Payments to the Deferred Compensation Plan through the Copeland Companies can only be made by payroll deduction. Copeland will not accept direct payments toward this plan. Therefore, while you are on leave without pay, payments to Deferred Compensation will not be made. Upon return to the payroll, however, you will be automatically reinstituted in the Deferred Compensation Plan. If you wish to discontinue participation, fill out a participation authorization card and send it to the Copeland Companies. Questions regarding Deferred Compensation can be directed to:

The Copeland Companies
New York State Deferred Compensation Plan
Two Tower Center
East Brunswick, New Jersey 08816
Tel. No. Toll Free 1-800-422-8463

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
(718) 895-1397 (call collect)
Security Mutual
1-800-382-6400

It is important to notify your Personnel Office and deduction agents of any changes in name, address and phone number during your absence.

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