What do I need to know about On Duty versus off duty injuries?
On duty you will be under the Worker’s Compensation benefits system. This includes 4850 pay, Temporary Disability and Long-Term Disability.
Off duty you burn your Sick Leave, Annual Leave as well as use Short- and Long-Term Disability.
Are my conversations with SEBA representatives confidential?
Yes. All conversations and communications are confidential.
What is 4850 and do I qualify?
4850.
(a) Whenever any person listed in subdivision (b), who is employed on a regular, full-time basis, and is disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of his or her duties, he or she shall become entitled, regardless of his or her period of service with the city, county, or district, to a leave of absence while so disabled without loss of salary in lieu of temporary disability payments or maintenance allowance payments, if any, that would be payable under this chapter, for the period of the disability, but not exceeding one year, or until that earlier date as he or she is retired on permanent disability pension, and is actually receiving disability pension payments, or advanced disability pension payments pursuant to Section 4850.3.
(b) The persons eligible under subdivision (a) include all of the following:
(1) City police officers.
(2) City, county, or district firefighters.
(3) Sheriffs.
(4) Officers or employees of any sheriff’s offices.
(5) Inspectors, investigators, detectives, or personnel with comparable titles in any district attorney’s office.
(6) County probation officers, group counselors, or juvenile services officers.
(7) Officers or employees of a probation office.
(8) Peace officers under Section 830.31 of the Penal Code employed on a regular, full-time basis by a county of the first class.
What is temporary disability?
Temporary disability (TD) benefits are payments you get if you lose wages because your injury prevents you from doing your usual job while recovering. As a general rule, TD pays two-thirds of the gross (pre-tax) wages you lose while you are recovering from a job injury. However, you cannot receive more than the maximum weekly amount set by law. Your wages are figured out by using all forms of income you receive from work: wages, food, lodging, tips, commissions, overtime and bonuses. Wages can also include earnings from work you did at other jobs at the time you were injured. The minimum and maximum rates are adjusted annually.
What is FMLA?
The Family and Medical Leave Act (FMLA) entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons, with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to take up to 12 workweeks of FMLA leave in a 12-month period.
To be eligible the employee needs to have worked for the employer for at least 12 months and has at least 1,250 hours of service for the employer during the 12-month period immediately preceding the leave.
Reasons for leave include a serious health condition that makes the employee unable to perform the essential functions of his or her job.
When an employee requests FMLA leave due to his or her own serious health condition the employer may require certification in support of the leave from a health care provider. An employer may also require second or third medical opinions (at the employer’s expense) and periodic recertification of a serious health condition.
Am I required to provide a “fitness for duty”?
The employer may have a policy or practice that requires employees in similar job positions who take leave for similar health conditions to provide a return to work, or “fitness-for-duty,” certification from the employee’s health care provider showing that the employee is able to resume work. The employer may request a fitness-for-duty certification only with regard to the particular health condition that caused the employee’s need for FMLA leave. If the employer will require a fitness-for-duty certification, it must provide notice of that requirement and whether the certification must address the employee’s ability to perform the essential functions of his or her job with the FMLA designation notice.
In general, a fitness-for-duty certification may not be required for each absence taken on an intermittent or reduced leave schedule. However, if the employer has a reasonable belief that the employee’s return to work presents a significant risk of harm to the employee or to others, the employer may require a fitness-for-duty certification up to once every 30 days.
As long as the employer has provided the required notice regarding any fitness-for-duty certification requirement, the employee’s return to work may be delayed until the fitness-for-duty certification is provided. An employer may contact an employee’s health care provider to clarify or authenticate a fitness-for-duty certification, but cannot delay the employee’s return to work while making that contact. An employer may not require second or third opinions for a fitness-for-duty certification. The employee is responsible for paying any cost of obtaining the fitness-for-duty certification. If State or local law or collective bargaining agreement governs an employee’s return to work, those provisions must be applied.
What DOES the Safety MOU SAY ABOUT Physical Fitness and Appearance (Fit for Duty)?
The parties agree that the physical, medical, mental fitness and appearance of public safety officers are requirements to perform the duties of the job and instill public confidence in the law enforcement function. They agree that public safety members require special treatment and consideration for the stress, physical demands and appearance expectations of the County and the public. Recognizing these important factors, the parties agree that during the term of this Agreement, the County may require medical, physical ability, appearance and psychological assessments of safety employees provided the County pays and provides time off without loss of pay for such assessments. Any remedial or treatment action shall be the full responsibility of the employee. In the event that the qualified health care professional finds that the employee is not psychologically fit for duty, the employee may request to have a second opinion from a mutually agreed upon independent qualified health care professional. The employee shall notify the County of their request for a second opinion no later than five (5) working days of receipt of the result of the initial fitness for duty assessment.
If the employee requests a second opinion, the employee will sign an authorization for the Center for Employee Health and Wellness to release the initial psychological report to the health care professional conducting the second assessment. The parties agree that the second assessment will be binding to determine if the employee is fit for duty. If the employee does not seek a second opinion, or fails to sign the release, the County will use the information provided in the initial assessment. All reports and communications shall be kept confidential in accordance with applicable law. Both Parties shall meet to mutually agree upon a list of qualified professionals to conduct such examination within ninety (90) days of Board of Supervisors Approval of this Agreement.
Who can I expect to contact me and why?
The Modified Duty Coordinator (MDC) is a sergeant who oversees Worker’s Compensation claims. The MDC tracks all injured employees and their progress through the Worker’s Compensation process. The MDC works in close liaison with The Department of Risk Management.
The Medical Retirement Coordinator completes the disability retirement reports submitted to the San Bernardino County Employee Retirement Association Board. (SBcera)
The Internal Affairs Division coordinates the Fit For Duty Process.
I would like t0 speak to a Workers’ Compensation or Retirement attorney? Who does SEBA recommend?
DISCLAIMER: This list of law firms specializing in Worker’s Compensation matters is for general information purposes only. SEBA does not make any warranties and assumes no liability for any work that is provided by any of these law firms. No representations are made as to the accuracy or suitability of these services for any purpose. Members agree they are independently making personal decisions based upon their needs regarding any of the listed law firms they decide to contact.
WORKER’S COMPENSATION FIRMS
David Gray, APLC
davidgraylaw57@gmail.com
82-500 Highway 111 Suite 2
Indio, CA 92201
Telephone (760) 863-1800 Fax (760) 863-1313
Steven R. Scardino
Scardino@geklaw.com
The Paramount Plaza, Suite 1800
3580 Wilshire Blvd, Los Angeles, CA 90010
Telephone (213) 739-7000 Fax (213) 386-1671
Smith & Garfunkel, LLP
www.smithgarfunkel.com
First Financial Center, Suite 260
800 North Haven Ave, Ontario, CA 91764
Telephone (909) 466-9589 Fax (909) 945-1468
PENSION/ RETIREMENT FIRM
Faunce, Singer & Oatman
www.public-pensions.com
315 N. Vine Street
Fallbrook, CA 92028
Telephone (760) 451-7377 Fax (760) 451-7388
Are there first responder substance abuse and mental health programs available to me?
You could qualify for FMLA to protect your position while you are in treatment. There is assistance through The Counseling Team, your personal medical provider, and programs like Simple Recovery. For more information contact our office at (909) 885-6074. All conversations and communications are confidential.
Where can I get more information regarding these topics?
California Legislative information/4850
State of California Department of Industrial Relations/Workers Comp
SBcera/ Retirement Association
Simple Recovery First Responder Health and Wellness Program
Civil Liabilities/San Bernardino County Sheriff’s Department