State Codes and Statutes

Statutes > California > Gov > 19869-19877.1

GOVERNMENT CODE
SECTION 19869-19877.1



19869.  This article applies to state officers and employees who are
members of the Public Employees' Retirement System or the State
Teachers' Retirement System in compensated employment on and after
the effective date of this article and to state officers and
employees, whether or not members of such systems, who are employees
of the Legislature and are not members of the civil service.
   This article does not apply to state officers and employees who
are included in the provisions of Article 6 (commencing with Section
4800) of Chapter 2 of Part 2 of Division 4 of the Labor Code.



19870.  As used in this article:
   (a) "Industrial disability leave" means temporary disability as
defined in Divisions 4 (commencing with Section 3201) and 4.5
(commencing with Section 6100) of the Labor Code and includes any
period in which the disability is permanent and stationary and the
disabled employee is undergoing vocational rehabilitation.
   (b) "Full pay" means the gross base salary earnable by the
employee and subject to retirement contribution if he had not vacated
his position.
   (c) "Nonrepresented employee" means an employee who is excluded
from, or not otherwise subject to, collective bargaining, and who is
employed in a class which has been designated by the director as
being entitled to the enhanced benefits provided by Section 19871.2
due to the relationship of that class to represented classes who are
entitled to the enhanced benefits pursuant to a memorandum of
understanding.
   If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.



19871.  (a) Except as provided in Section 19871.2, when a state
officer or employee is temporarily disabled by illness or injury
arising out of and in the course of state employment, he or she shall
become entitled, regardless of his or her period of service, to
receive industrial disability leave and payments for a period not
exceeding 52 weeks within two years from the first day of disability.
These payments shall be in the amount of the employees full pay less
withholding based on his or her exemptions in effect on the date of
his or her disability for federal income taxes, state income taxes,
and social security taxes not to exceed 22 working days of disability
subject to Section 19875. Thereafter, the payment shall be
two-thirds of full pay. Payments shall be additionally adjusted to
offset disability benefits, excluding those disability benefits
payable from the State Teachers' Retirement System, the employee may
receive from other employer-subsidized programs, except that no
adjustment may be made for benefits to which the employee's family is
entitled up to a maximum of three-quarters of full pay.
Contributions to the Public Employees' Retirement System or the State
Teachers' Retirement System shall be deducted in the amount based on
full pay. Discretionary deductions of the employee including those
for coverage under a state health benefits plan in which the employee
is enrolled shall continue to be deducted unless canceled by the
employee. State employer contributions to the Public Employees'
Retirement System and state employer normal retirement contributions
to the State Teachers' Retirement System shall be made on the basis
of full pay and the state contribution pursuant to Sections 22871 and
22885 because of the employee's enrollment in a health benefits plan
shall continue.
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions may not become effective unless approved by the
Legislature in the annual Budget Act.



19871.1.  (a) A state officer or employee who is receiving
industrial disability leave benefits, shall continue to receive all
employee benefits which he or she would have received had he or she
not incurred disability.
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.



19871.2.  When an excluded employee is temporarily disabled for more
than 22 consecutive working days by an injury or type of injury
designated by the director as qualifying an employee for the benefits
of this section, he or she shall receive an enhanced industrial
disability leave benefit. The enhanced benefit shall be equivalent to
the injured employee's net take home salary on the date of
occurrence of injury. Eligibility and benefits may not exceed 52
weeks within a two-year period after the date of occurrence of the
injury. For the purposes of this section, "net salary" means the
amount of salary received after federal income tax, state income tax,
and the employee's retirement contribution has been deducted from
the employee's gross salary.
   The final decision as to whether an employee is eligible for, or
continues to be eligible for, enhanced benefits shall rest with the
appointing authority or his or her designee. The appointing authority
may periodically review the employee's condition by any means
necessary to determine an employee's continued eligibility for
enhanced benefits.


19872.  (a) The disabled employee shall not receive temporary
disability indemnity or sick leave or annual leave with pay for any
period for which he or she receives industrial disability leave.
   (b) Notwithstanding subdivision (a), an employee may elect to
supplement industrial disability leave payments from the 23rd workday
with accrued leave credits including annual leave, vacation, sick
leave, or compensatory time off (CTO) in an amount necessary to
approximate the employee's full net pay. Partial supplementation
shall be allowed, but fractions of less than one hour shall not be
permitted. Once the level of supplementation is selected, it may be
decreased to accommodate a declining leave balance but it may not be
increased. Reductions to supplementation amounts shall be made on a
prospective basis only. The department may adopt rules for the
administration and enforcement of this subdivision.
   (c) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.



19873.  (a) Division 4.7 (commencing with Section 6200) of the Labor
Code shall not apply to employees to which this article applies.
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.



19874.  (a) If the employee continues to be temporarily disabled
after termination of benefits under this article, he or she shall be
entitled to the benefits provided by Divisions 4 (commencing with
Section 3201) and 4.5 (commencing with Section 6100) of the Labor
Code and to payments under Section 19863.
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.



19875.  (a) If an illness or injury causes temporary disability, the
employee shall be placed on industrial disability leave on the
fourth calendar day after the injured employee leaves work as a
result of the illness or injury, except that in case the injury
causes disability of more than 14 days or necessitates
hospitalization, the employee shall be placed on industrial
disability leave from the first day he or she leaves work or is
hospitalized as a result of the injury.
   (b) Notwithstanding subdivision (a), in the case of state civil
service employees and employees of the Regents of the University of
California, the disability payment shall be made from the first day
the injured employee leaves work as a result of the injury, if the
injury is the result of a criminal act of violence against the
employee.
   (c) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.



19876.  (a) Payments shall be contingent on the complete medical
certification of the illness or injury including diagnosis and any
prognosis of recovery. Further, payments shall be contingent on the
employee's agreement to cooperate and participate in a reasonable and
appropriate vocational rehabilitation plan when furnished by the
state subject to appropriate medical approval as determined by the
department.
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.



19876.5.  State employees in state bargaining units 1, 4, 15, 18,
and 20 who suffer a job-related injury or illness and become eligible
for vocational rehabilitation under Section 139.5 of the Labor Code
on or after January 1, 1993, shall first be subject to an evaluation
to determine what type of state employment can be performed. The
evaluation shall include vocational rehabilitation when deemed
appropriate, based on a medical evaluation and previous experience.
Disability benefits shall be contingent on the employee's agreement
to cooperate and participate in a reasonable and appropriate
vocational rehabilitation plan necessary to continue state
employment. This section shall not apply to any job-related or
job-incurred injury or illness that occurs on or after January 1,
2000.


19877.  The department shall adopt any rules and regulations
necessary for the administration of this article.
   The appointing power of any officer or employee not a member of
the civil service shall adopt any rules and regulations necessary for
the administration of this article for such officers or employees.



19877.1.  (a) The provisions of this article shall be effective upon
the adoption of applicable rules and regulations, but not later than
January 1, 1975.
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.


State Codes and Statutes

Statutes > California > Gov > 19869-19877.1

GOVERNMENT CODE
SECTION 19869-19877.1



19869.  This article applies to state officers and employees who are
members of the Public Employees' Retirement System or the State
Teachers' Retirement System in compensated employment on and after
the effective date of this article and to state officers and
employees, whether or not members of such systems, who are employees
of the Legislature and are not members of the civil service.
   This article does not apply to state officers and employees who
are included in the provisions of Article 6 (commencing with Section
4800) of Chapter 2 of Part 2 of Division 4 of the Labor Code.



19870.  As used in this article:
   (a) "Industrial disability leave" means temporary disability as
defined in Divisions 4 (commencing with Section 3201) and 4.5
(commencing with Section 6100) of the Labor Code and includes any
period in which the disability is permanent and stationary and the
disabled employee is undergoing vocational rehabilitation.
   (b) "Full pay" means the gross base salary earnable by the
employee and subject to retirement contribution if he had not vacated
his position.
   (c) "Nonrepresented employee" means an employee who is excluded
from, or not otherwise subject to, collective bargaining, and who is
employed in a class which has been designated by the director as
being entitled to the enhanced benefits provided by Section 19871.2
due to the relationship of that class to represented classes who are
entitled to the enhanced benefits pursuant to a memorandum of
understanding.
   If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.



19871.  (a) Except as provided in Section 19871.2, when a state
officer or employee is temporarily disabled by illness or injury
arising out of and in the course of state employment, he or she shall
become entitled, regardless of his or her period of service, to
receive industrial disability leave and payments for a period not
exceeding 52 weeks within two years from the first day of disability.
These payments shall be in the amount of the employees full pay less
withholding based on his or her exemptions in effect on the date of
his or her disability for federal income taxes, state income taxes,
and social security taxes not to exceed 22 working days of disability
subject to Section 19875. Thereafter, the payment shall be
two-thirds of full pay. Payments shall be additionally adjusted to
offset disability benefits, excluding those disability benefits
payable from the State Teachers' Retirement System, the employee may
receive from other employer-subsidized programs, except that no
adjustment may be made for benefits to which the employee's family is
entitled up to a maximum of three-quarters of full pay.
Contributions to the Public Employees' Retirement System or the State
Teachers' Retirement System shall be deducted in the amount based on
full pay. Discretionary deductions of the employee including those
for coverage under a state health benefits plan in which the employee
is enrolled shall continue to be deducted unless canceled by the
employee. State employer contributions to the Public Employees'
Retirement System and state employer normal retirement contributions
to the State Teachers' Retirement System shall be made on the basis
of full pay and the state contribution pursuant to Sections 22871 and
22885 because of the employee's enrollment in a health benefits plan
shall continue.
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions may not become effective unless approved by the
Legislature in the annual Budget Act.



19871.1.  (a) A state officer or employee who is receiving
industrial disability leave benefits, shall continue to receive all
employee benefits which he or she would have received had he or she
not incurred disability.
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.



19871.2.  When an excluded employee is temporarily disabled for more
than 22 consecutive working days by an injury or type of injury
designated by the director as qualifying an employee for the benefits
of this section, he or she shall receive an enhanced industrial
disability leave benefit. The enhanced benefit shall be equivalent to
the injured employee's net take home salary on the date of
occurrence of injury. Eligibility and benefits may not exceed 52
weeks within a two-year period after the date of occurrence of the
injury. For the purposes of this section, "net salary" means the
amount of salary received after federal income tax, state income tax,
and the employee's retirement contribution has been deducted from
the employee's gross salary.
   The final decision as to whether an employee is eligible for, or
continues to be eligible for, enhanced benefits shall rest with the
appointing authority or his or her designee. The appointing authority
may periodically review the employee's condition by any means
necessary to determine an employee's continued eligibility for
enhanced benefits.


19872.  (a) The disabled employee shall not receive temporary
disability indemnity or sick leave or annual leave with pay for any
period for which he or she receives industrial disability leave.
   (b) Notwithstanding subdivision (a), an employee may elect to
supplement industrial disability leave payments from the 23rd workday
with accrued leave credits including annual leave, vacation, sick
leave, or compensatory time off (CTO) in an amount necessary to
approximate the employee's full net pay. Partial supplementation
shall be allowed, but fractions of less than one hour shall not be
permitted. Once the level of supplementation is selected, it may be
decreased to accommodate a declining leave balance but it may not be
increased. Reductions to supplementation amounts shall be made on a
prospective basis only. The department may adopt rules for the
administration and enforcement of this subdivision.
   (c) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.



19873.  (a) Division 4.7 (commencing with Section 6200) of the Labor
Code shall not apply to employees to which this article applies.
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.



19874.  (a) If the employee continues to be temporarily disabled
after termination of benefits under this article, he or she shall be
entitled to the benefits provided by Divisions 4 (commencing with
Section 3201) and 4.5 (commencing with Section 6100) of the Labor
Code and to payments under Section 19863.
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.



19875.  (a) If an illness or injury causes temporary disability, the
employee shall be placed on industrial disability leave on the
fourth calendar day after the injured employee leaves work as a
result of the illness or injury, except that in case the injury
causes disability of more than 14 days or necessitates
hospitalization, the employee shall be placed on industrial
disability leave from the first day he or she leaves work or is
hospitalized as a result of the injury.
   (b) Notwithstanding subdivision (a), in the case of state civil
service employees and employees of the Regents of the University of
California, the disability payment shall be made from the first day
the injured employee leaves work as a result of the injury, if the
injury is the result of a criminal act of violence against the
employee.
   (c) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.



19876.  (a) Payments shall be contingent on the complete medical
certification of the illness or injury including diagnosis and any
prognosis of recovery. Further, payments shall be contingent on the
employee's agreement to cooperate and participate in a reasonable and
appropriate vocational rehabilitation plan when furnished by the
state subject to appropriate medical approval as determined by the
department.
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.



19876.5.  State employees in state bargaining units 1, 4, 15, 18,
and 20 who suffer a job-related injury or illness and become eligible
for vocational rehabilitation under Section 139.5 of the Labor Code
on or after January 1, 1993, shall first be subject to an evaluation
to determine what type of state employment can be performed. The
evaluation shall include vocational rehabilitation when deemed
appropriate, based on a medical evaluation and previous experience.
Disability benefits shall be contingent on the employee's agreement
to cooperate and participate in a reasonable and appropriate
vocational rehabilitation plan necessary to continue state
employment. This section shall not apply to any job-related or
job-incurred injury or illness that occurs on or after January 1,
2000.


19877.  The department shall adopt any rules and regulations
necessary for the administration of this article.
   The appointing power of any officer or employee not a member of
the civil service shall adopt any rules and regulations necessary for
the administration of this article for such officers or employees.



19877.1.  (a) The provisions of this article shall be effective upon
the adoption of applicable rules and regulations, but not later than
January 1, 1975.
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Gov > 19869-19877.1

GOVERNMENT CODE
SECTION 19869-19877.1



19869.  This article applies to state officers and employees who are
members of the Public Employees' Retirement System or the State
Teachers' Retirement System in compensated employment on and after
the effective date of this article and to state officers and
employees, whether or not members of such systems, who are employees
of the Legislature and are not members of the civil service.
   This article does not apply to state officers and employees who
are included in the provisions of Article 6 (commencing with Section
4800) of Chapter 2 of Part 2 of Division 4 of the Labor Code.



19870.  As used in this article:
   (a) "Industrial disability leave" means temporary disability as
defined in Divisions 4 (commencing with Section 3201) and 4.5
(commencing with Section 6100) of the Labor Code and includes any
period in which the disability is permanent and stationary and the
disabled employee is undergoing vocational rehabilitation.
   (b) "Full pay" means the gross base salary earnable by the
employee and subject to retirement contribution if he had not vacated
his position.
   (c) "Nonrepresented employee" means an employee who is excluded
from, or not otherwise subject to, collective bargaining, and who is
employed in a class which has been designated by the director as
being entitled to the enhanced benefits provided by Section 19871.2
due to the relationship of that class to represented classes who are
entitled to the enhanced benefits pursuant to a memorandum of
understanding.
   If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.



19871.  (a) Except as provided in Section 19871.2, when a state
officer or employee is temporarily disabled by illness or injury
arising out of and in the course of state employment, he or she shall
become entitled, regardless of his or her period of service, to
receive industrial disability leave and payments for a period not
exceeding 52 weeks within two years from the first day of disability.
These payments shall be in the amount of the employees full pay less
withholding based on his or her exemptions in effect on the date of
his or her disability for federal income taxes, state income taxes,
and social security taxes not to exceed 22 working days of disability
subject to Section 19875. Thereafter, the payment shall be
two-thirds of full pay. Payments shall be additionally adjusted to
offset disability benefits, excluding those disability benefits
payable from the State Teachers' Retirement System, the employee may
receive from other employer-subsidized programs, except that no
adjustment may be made for benefits to which the employee's family is
entitled up to a maximum of three-quarters of full pay.
Contributions to the Public Employees' Retirement System or the State
Teachers' Retirement System shall be deducted in the amount based on
full pay. Discretionary deductions of the employee including those
for coverage under a state health benefits plan in which the employee
is enrolled shall continue to be deducted unless canceled by the
employee. State employer contributions to the Public Employees'
Retirement System and state employer normal retirement contributions
to the State Teachers' Retirement System shall be made on the basis
of full pay and the state contribution pursuant to Sections 22871 and
22885 because of the employee's enrollment in a health benefits plan
shall continue.
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions may not become effective unless approved by the
Legislature in the annual Budget Act.



19871.1.  (a) A state officer or employee who is receiving
industrial disability leave benefits, shall continue to receive all
employee benefits which he or she would have received had he or she
not incurred disability.
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.



19871.2.  When an excluded employee is temporarily disabled for more
than 22 consecutive working days by an injury or type of injury
designated by the director as qualifying an employee for the benefits
of this section, he or she shall receive an enhanced industrial
disability leave benefit. The enhanced benefit shall be equivalent to
the injured employee's net take home salary on the date of
occurrence of injury. Eligibility and benefits may not exceed 52
weeks within a two-year period after the date of occurrence of the
injury. For the purposes of this section, "net salary" means the
amount of salary received after federal income tax, state income tax,
and the employee's retirement contribution has been deducted from
the employee's gross salary.
   The final decision as to whether an employee is eligible for, or
continues to be eligible for, enhanced benefits shall rest with the
appointing authority or his or her designee. The appointing authority
may periodically review the employee's condition by any means
necessary to determine an employee's continued eligibility for
enhanced benefits.


19872.  (a) The disabled employee shall not receive temporary
disability indemnity or sick leave or annual leave with pay for any
period for which he or she receives industrial disability leave.
   (b) Notwithstanding subdivision (a), an employee may elect to
supplement industrial disability leave payments from the 23rd workday
with accrued leave credits including annual leave, vacation, sick
leave, or compensatory time off (CTO) in an amount necessary to
approximate the employee's full net pay. Partial supplementation
shall be allowed, but fractions of less than one hour shall not be
permitted. Once the level of supplementation is selected, it may be
decreased to accommodate a declining leave balance but it may not be
increased. Reductions to supplementation amounts shall be made on a
prospective basis only. The department may adopt rules for the
administration and enforcement of this subdivision.
   (c) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.



19873.  (a) Division 4.7 (commencing with Section 6200) of the Labor
Code shall not apply to employees to which this article applies.
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.



19874.  (a) If the employee continues to be temporarily disabled
after termination of benefits under this article, he or she shall be
entitled to the benefits provided by Divisions 4 (commencing with
Section 3201) and 4.5 (commencing with Section 6100) of the Labor
Code and to payments under Section 19863.
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.



19875.  (a) If an illness or injury causes temporary disability, the
employee shall be placed on industrial disability leave on the
fourth calendar day after the injured employee leaves work as a
result of the illness or injury, except that in case the injury
causes disability of more than 14 days or necessitates
hospitalization, the employee shall be placed on industrial
disability leave from the first day he or she leaves work or is
hospitalized as a result of the injury.
   (b) Notwithstanding subdivision (a), in the case of state civil
service employees and employees of the Regents of the University of
California, the disability payment shall be made from the first day
the injured employee leaves work as a result of the injury, if the
injury is the result of a criminal act of violence against the
employee.
   (c) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.



19876.  (a) Payments shall be contingent on the complete medical
certification of the illness or injury including diagnosis and any
prognosis of recovery. Further, payments shall be contingent on the
employee's agreement to cooperate and participate in a reasonable and
appropriate vocational rehabilitation plan when furnished by the
state subject to appropriate medical approval as determined by the
department.
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.



19876.5.  State employees in state bargaining units 1, 4, 15, 18,
and 20 who suffer a job-related injury or illness and become eligible
for vocational rehabilitation under Section 139.5 of the Labor Code
on or after January 1, 1993, shall first be subject to an evaluation
to determine what type of state employment can be performed. The
evaluation shall include vocational rehabilitation when deemed
appropriate, based on a medical evaluation and previous experience.
Disability benefits shall be contingent on the employee's agreement
to cooperate and participate in a reasonable and appropriate
vocational rehabilitation plan necessary to continue state
employment. This section shall not apply to any job-related or
job-incurred injury or illness that occurs on or after January 1,
2000.


19877.  The department shall adopt any rules and regulations
necessary for the administration of this article.
   The appointing power of any officer or employee not a member of
the civil service shall adopt any rules and regulations necessary for
the administration of this article for such officers or employees.



19877.1.  (a) The provisions of this article shall be effective upon
the adoption of applicable rules and regulations, but not later than
January 1, 1975.
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.