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F_ MAR 5 1991 BOOK �� F�1GE KQ' 7 PROPOSED AMENDMENT TO ADMINISTRATIVE MANUAL - WORKERS' COMPENSATION The Board reviewed the following memo dated 2/27/91; TO: James E. Chandler, County Administrator THRU: Jack Price, Personnel Director 9a_e1_9__ FROM: Beth Jordan, Risk Manage DATE: 27 February 1991 SUBJECT: Proposed Amendment; Administrative Manual With your concurrence, we request the following proposed Administrative Manual amendment be considered at the Board's March 5, 1991, meeting. Background During the recent legislative session, Florida amended its workers' compensation statutes, altering some provisions which formerly favored employees. One such change was an increase from 14 calendar days to 21 calendar days before the injured employee is entitled to wage loss benefits for days 1-7. In addition, the Florida Retirement System has recently made changes in its reporting requirements for workers' compensation absences. Under current Personnel policy, employees who sustain an on-the-job injury compensable through workers' compensation are prohibited from using accrued sick leave time to supplement the statutorily required 66 2/3% salary wage loss payments. Analysis The current policy, however, in a compassionate gesture, has been interpreted differently at departmental levels, resulting in some employees being allowed to use accrued sick leave for their entire absence. The workers' compensation wage loss payment has been subsequently returned by the employee to the County and the used sick leave has been restored to the employee's account. While this provided full continued salary, it has resulted in significant accounting problems for the Clerk's Finance staff. Social Security and federal withholding deductions have been charged against employees who, if they had been paid strictly through workers' compensation wage loss, would not have had such charges. Additionally, because workers' compensation payments are exempt from federal income tax and Social Security deductions, employees can receive more than full salary by using a combination of accrued leave and workers' compensation payments. The proposed amendment standardizes workers' compensation payroll procedures, provides for uninterrupted payments to injured employees, does not excessively tax employees, and meets the requirements of the Florida Retirement System. It allows employees to use accrued leave for the first seven calendar days of a compensable injury. Recommendation Staff recommends the Board approve the proposed amendment to the Risk Management section of the Administrative Manual to address the limited use of accrued leave during workers' compensation disability absences. 28 r