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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.

II.  ADMINISTRATION

  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;
       and
     
     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
     Employee's Injury.
  
  C.   INSTITUTION REPORTS
     
     The designated office, upon receipt of the supervisor's
     report, shall:

     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.
   MEDICAL EVALUATION

   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.

VI.  SUBROGATION

   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
   person.

IMPLEMENTATION PROCEDURES:

   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.

REFERENCES:

   UM Board of Regents Manual, Section III - 11.02, Procedures
   for Accident Leave for Faculty and Academic Administrators;
   November 19, 1986.

REPLACEMENT FOR:

   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.
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