VII - 7.40 - USM POLICY ON ACCIDENT LEAVE FOR EXEMPT AND
NONEXEMPT STAFF EMPLOYEES
(Approved by the Board of Regents, May 1, 1992; Amended November
12, 1993; Amended December 13, 1996; Amended April 16, 2004)
I. PURPOSE AND APPLICABILITY
Accident Leave is leave with two-thirds (2/3) of the
employee's regular pay, and exempt from Federal and State
Taxes, that is granted to an employee who sustains an
accidental injury if (1) it is determined to be compensable
according to the Maryland Workers' Compensation Act and (2) a
physician examines the employee and certifies that the
employee is disabled because of the injury. Only Regular
Status Exempt and Nonexempt Staff employees who work 50% FTE
or more shall be eligible for accident leave. An employee
receiving work-related accident leave shall continue to accrue
leave, seniority, and shall not be denied health care benefits
with the subsidy allowed by the state solely because of the
use of accident leave.
A. EMPLOYEE'S FIRST REPORT OF INJURY
The injured employee or someone on the employee's behalf
shall provide the following to the employee's supervisor or
the institution's designated office:
1. oral or written notice immediately after the injury occurs;
2. within three working days after the injury occurs, a
physician's written certification that the employee is disabled
by the injury.
B. SUPERVISOR'S REPORT
Upon having knowledge of an employee injury, the supervisor
of the injured employee shall immediately notify the
institution's designated office and forward to that office
within 2 days following the injury a Supervisor's Report of
C. INSTITUTION REPORTS
The designated office, upon receipt of the supervisor's
1. file an Employer's First Report of Injury with the Injured
Workers' Insurance Fund (IWIF);
2. inform the injured employee or someone on the employee's
behalf of the employee's right to file a claim with the Workers'
Compensation Commission; and
3. determine if the injury would likely be compensable under
the workers compensation statute.
D. PERIOD OF ACCIDENT LEAVE
Having made the determination that the injury would likely
be compensable under the Workers' Compensation statute, the
institution shall grant Accident Leave to an employee
beginning on the first day of absence from work because of
the disability. Accident Leave shall be terminated on the
earlier of (1) the date that the employee is able to return
to his/her official duties, or modified duties designated by
the institution, as certified in writing by a physician; or
(2) six months from the original date of disability.
E. LEAVE FOR CONTINUING TREATMENT
If the employee returns to his/her official duties, or
modified duties designated by the institution, prior to six
months following the date of the disability, Accident Leave
may be granted for continuing treatment of the original
injury, as certified in writing by a physician selected or
accepted by the institution, for a period up to six months
from the original date of disability.
F. ADDITIONAL 6 MONTH LEAVE
Accident leave may be granted for up to an additional six
months if a physician selected or accepted by the
institution certifies that the employee continues to be
disabled. When an employee continues to use accident leave
beyond a six month period, the timekeeper shall record the
accident leave as Accident Leave With Pay on the first day
immediately following the end of the initial six month
period from the original date of disability. Accident leave
with pay beyond six months is additionally exempt, by
federal law, from Social Security taxes.
G. NOTICE OF NONCOMPENSABILITY
Notwithstanding the above provisions D, E, and F, Accident
Leave shall terminate on the date the institution receives
notice that the injury has been determined to be
noncompensable from (1) the Workers' Compensation
Commission; or (2) in the absence of a determination from
the Workers' Compensation Commission, from the Injured
Workers' Insurance Fund.
H. REIMBURSEMENT BY EMPLOYEE TO INSTITUTION
If the institution receives notice of noncompensability as
specified under paragraph G above, the institution shall
correct the employee's leave record to reflect a conversion
of any Accident Leave that was granted in advance of the
notice to leave with pay or, if the employee does not have
accrued leave with pay, to leave without pay. The employee
shall be obligated to reimburse the institution for any
Accident Leave advanced under this policy for an injury that
is subsequently determined to be noncompensable.
I. USE OF LEAVE OTHER THAN ACCIDENT LEAVE
Prior to receipt of a determination of compensability from
IWIF, an employee must be placed on accident leave and the
institution may not approve use of other leave unless there
is a reasonable basis for believing that the injury is non-
compensable. Only if the injury is believed to be non-
compensable, may the institution place the employee on sick,
annual or other available leave prior to receipt of a
determination by IWIF. If an employee exhausts all
available accident leave and provides medical certification
that the employee is unable to return to work because of the
work-related injury, an institution may require an employee
to seek temporary total disability payments under the
workers' compensation act.
III. TEMPORARY TOTAL BENEFITS
An injured employee will only be entitled to temporary total
benefits for loss of wages according to the Workers'
Compensation Act (herein referred to as "temporary total
benefits"), after all available accident leave has been used.
The institution shall approve the employee's use of other
available leave with pay, including sick leave, annual leave,
personal leave, compensatory leave and holiday leave, only
after the employee has exhausted all available accident leave
and received all temporary total (or partial) benefits for
which he is eligible. In the event an employee uses sick
leave for the time period for which he subsequently is awarded
benefits pursuant to the Workers' Compensation Act, the
institution authorizes use of the sick leave with the
understanding and agreement that:
A. It constitutes an advance payment of temporary total or
temporary partial disability benefits due under the Maryland
Workers' Compensation Act; and
B. The State's obligation to pay temporary total (or partial)
disability benefits under the Workers' Compensation Act shall be
offset on a dollar for dollar basis by the gross amount of
payments received by the employee while on sick leave for the
same period of time.
After the injured employee has used all available accident
leave, temporary total benefits and accrued leave, the
employee will be placed on a Leave Of Absence Without Pay.
This leave without pay shall expire once the employee has used
a total of two years of leave, both paid and unpaid.
IV. MEDICAL AND HOSPITAL EXPENSES
Medical and hospital expenses may be paid on behalf of an
injured employee according to the Workers' Compensation Act.
The IWIF or the institution, or both, may refer an injured
employee to a physician(s) for periodic examination to
determine the nature and extent of the injury, the employee's
progress toward recovery, the length of time necessary for
recovery, and an estimated date of return to work. An
institution referring an employee to a physician shall file
with IWIF a report stating the circumstances of referral and
the physician's prognosis.
If someone other than the employee or the institution causes
an injury for which work-related accident leave is taken, the
institution, after notice to the injured employee, shall be
subrogated to the rights of the employee to the extent of any
compensation paid or owed. If (1) within 90 days after the
employee receives such notice from the institution, the
employee fails to enforce a claim against the third person,
or (2) within a reasonable time after giving the institution
notice of an intent to enforce the claim against such third
person the employee fails to take action to enforce the
claim, the institution, in its own name and for its own
benefit may bring or join in an action against such third
Each Chief Executive Officer shall identify his/her
designee(s) as appropriate for this policy; shall develop
procedures as necessary to implement this policy; shall
communicate this policy and applicable procedures to his/her
institutional community; and shall forward a copy of such
designations and procedures to the Chancellor.
UM Board of Regents Manual, Section III - 11.02, Procedures
for Accident Leave for Faculty and Academic Administrators;
November 19, 1986.
UM Personnel Policies and Rules for Classified Employees -
Section VI Accident Leave, Page VI-11.
UM Personnel Policies and Rules for Associate Staff -
Section I.c Leave with Pay, Page 22-25.