Leaves and Worker's Compensation

 Leaves

To better understand what leave you may need and to confirm eligibility for leave please see HR Specialist, Quyen Lenshoek immediately to begin the interactive process.


General Q&A about California and Federal Leave of Absences: Family Medical Leave Act (FMLA), Pregnancy Disability Leave (PDL) and CA Family Rights Act (CFRA)


California Employees Length of Leave

What Laws Govern Leave in California?
Numerous laws provide leave rights. In California, there are two key statutes that govern leave: the Family and Medical Leave Act ("FMLA") and the California Family Rights Act ("CFRA"). Each provides job security to employees who are absent from work.

How Much Leave Time May An Employee Take?
Eligible employees are entitled to 12 work weeks of leave in a 12 month "leave year." A "leave year" is defined, at an employer's election, by any 12 month period or from the time FMLA or CFRA leave is first taken by an employee.

Is The Leave Paid or Unpaid?
FMLA and CFRA leave are unpaid unless available paid time off is taken or disability benefits are available. However, beginning on July 1, 2004, an employee who suffers wage loss for taking leave may be entitled to partial compensation under the California Family Temporary Disability Insurance ("FTDI"), regardless of whether the employee qualifies for FMLA or CFRA leave.

Which Employees Are Eligible For Leave Under FMLA and CFRA California Law?
To be eligible for leave, an employee must meet all of the following with the exception of Pregnancy Leave: Pregnant employee is entitled to a pregnancy disability leave (PDL) of up to 4 months. Employer need have only 5 or more employees & no eligibility period for employee required.
 
•        Employee must be employed by employer for at least 12 months (consecutive or non-consecutive) as of the            date leave commences, and
•        Employee must have worked at least 1250 hours during the 12 month period preceding commencement of           the leave, and
•        On the date leave notice is given, employee must be employed at a worksite where employer employs at                    least 50 employees within a 75-mile radius.

 Worker's Comp

​WVMCCD Workers’ Compensation Program Facts

This fact sheet is to provide you with important information regarding work related injuries or illnesses. This information applies to full-time, part-time, student interns, volunteers, and hourly employees.
If the injury/illness is a serious medical emergency, call 9-911. Report all non-emergency injuries or illness to your supervisor and Quyen Lenshoek at extension 2128. If you are aware of any unsafe working conditions, inform your supervisor. If medical treatment is needed, you will be directed to one of the following clinics upon initial report of injury.


US Healthworks (Sunnyvale)
​Alliance Occupational Medicine
​1197 East Arques Avenue
​2737 Walsh Avenue
​Sunnyvale, CA 94085
​Santa Clara, CA 95051
​(408) 773-9000

Monday-Friday: 7AM-5PM
​(408) 228-8400

Monday-Friday: 7AM-7PM

All non-medical emergencies, which require ongoing treatment, in-depth medical testing or a rehabilitation program, must be authorized by your claims adjuster, at Keenan & Associates, and based upon medically evidenced based treatment guidelines. You have the right to be treated by a physician of your choice within the MPN (Medical Provider Network) after your initial visit. On-line provider directory – Provider Finder click on “Provider Finder” tab. User ID: special, Password: access. Telephone provider network support – (866) 700-2168. Injuries which occur during the course of a medical internship program should be initially treated at the medical facility where the student is interning. Follow-up care is covered within the MPN (Medical Provider Network).


Medical Provider Network.pdf


If you prefer to designate your personal physician for work-related medical treatment, you must file a “Pre-Designation Personal Physician” form with Human Resources prior to a work incurred injury/illness. To download this form, please go to the Paris homepage and click: Departments, HR, HR Documents, Benefits, Personal Physician Pre-Designation.
In addition, in the event of after-hours urgent medical care, the designated facilities are:


Good Samaritan Hospital
O'Connor Hospital
​2425 Samaritan Drive
​2105 Forest Avenue
​San Jose, CA 95124
​San Jose, CA 95128
​(408) 559-2011
​(408) 947-2500

Keep your supervisor informed of your status by providing reports on return medical appointments, limited/restricted duty and return to work releases.
Claim forms are provided to injured employees by Human Resources. Supervisors are also required to complete an injury report form. Human Resources then files a report with the workers’ compensation carrier.
The Education Code provides up to 60 working days of paid industrial leave per incident. Once these benefits have been exhausted, workers who remain unable to return to work shall utilize their sick leave or vacation benefits.
For employees who need time off for medical appointments in connection with their work-related injury/illness, each appointment will be counted as one day and applied toward the above mentioned 60 working days of leave. Time off in excess of the 60 day provision is applied toward sick leave or vacation benefits. Doctor’s verification of the appointment is required to be attached to the absence report.
Completed Absence Reports are required for any time off work in connection with work incurred injury/illness and sent to Human Resources. Leave will be charged to sick leave during the interim period when the District’s workers’ compensation carrier, Keenan and Associates, makes their determination. If your claim is accepted, your sick leave will be reinstated. Supervisors may complete the absence forms on your behalf for leaves of extended length to ensure accurate records are maintained.
If your workers’ compensation claim is accepted and you have utilized 60 days of industrial leave and you return to work on a part-time basis, as recommended by your physician, you will be charged sick leave for medical appointments that are scheduled during your work hours. Therefore, you are encouraged to schedule appointments during non-work hours.
HR/VA/10/08/10

 Forms

 Accomodations & Interactive Process

As required by the California’s Fair Employment & Housing Act (FEHA) and the Federal American with Disabilities Act (ADA), if you are injured and have been released to return to work with restrictions or have a medical need for an accommodation, please notify your supervisor and HR Specialist, Quyen Lenshoek immediately to begin the interactive process.  Initially, there will be an interactive meeting to review your latest medical report and other pertinent information as we engage in an open, ‘good faith’ dialogue to determine medical need(s) for reasonable accommodation and how this impacts your ability to perform your essential job functions.