W. Va. Code R. § 126-158-5

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 126-158-5 - Election of Option

5.1. Election to receive TTD benefits only:

5.1.1. An employee may elect to receive TTD benefits only by selecting Option I on the Election of Option form (see Attachment 1). The employee will not receive leave compensation from the county board of education, except for the initial period prior to receiving a benefit check from the Workers' Compensation Division.

a. Employees of county boards of education continue to accrue seniority credit while receiving TTD benefits during absences from work due to a work-related, compensable injury, but do not accrue credit for years of experience.

b. Personal leave shall accrue while an employee is absent from work receiving TTD benefits, pursuant to the provisions of W. Va. Code § 18-4-10.

c. Any legal school holidays, election days, other noninstructional days such as outside school environment (OS), continuing professional development (CE), and teachers-pupil-parent conferences (TP), and inclement weather days occurring during the period when TTD benefits only are being received, will NOT be paid.

5.1.2. When an employee elects to receive TTD benefits only, paid personal leave may be utilized only until the initial benefit check is received.

5.1.3. When the initial TTD check is received, the employee must reimburse his/her employer the net value of personal leave benefits paid, according to the procedures presented in the Accounting Procedures Manual for County Boards of Education issued by the Office of School Finance. If payment is not made in full at the time the initial TTD check is received, the employee and the employing agency shall complete the Assignment of Future Wages form (Attachment 2). The number of days of paid leave shall be restored to the employee's leave balance as the repayments are made.

a. Any employee who refuses to reimburse the net value of the paid personal leave shall be subject to disciplinary action and deductions from subsequent paychecks shall be made until the total amount of paid leave used is reimbursed. The deductions will be made in accordance with the West Virginia Division of Labor regulations on wage payments and collections.

b. When leave is restored to an employee, appropriate adjustments shall be made by the employing agency's payroll office to obtain credit for the agency's share of contributions for social security and retirement and for the deductions that were withheld from the employee's personal leave pay and to make any necessary adjustments in taxable wages, tax deductions, retirement contributions, FICA and Medicare deductions, and personal leave records.

5.2. Election to receive leave compensation only:

5.2.1. An employee may elect to receive compensation for accumulated personal leave only, or annual leave if requested by the employee, instead of TTD benefits by selecting Option 2 on the Election of Option form (see Attachment 1). The employee is treated the same as any other employee granted personal leave pursuant to W. Va. Code § 18-4-10.

a. Employees of boards of education continue to accrue seniority credit while receiving leave compensation during absences from work due to a work-related, compensable injury, and accrue credit for years of experience.

b. Personal leave shall accrue while an employee is absent from work receiving TTD benefits, pursuant to the provisions of W. Va. Code § 18-4-10.

c. Any legal school holidays, election days, other noninstructional days such as outside school environment (OS), continuing professional development (CE), and teachers-pupil-parent conferences (TP), and inclement weather days occurring during the period when leave compensation is being received will be paid.

5.2.2. After an employee exhausts his/her accrued personal leave, and accrued annual leave if requested, the employee may start receiving TTD benefits during the remaining absence from work due to a work-related, compensable injury, pursuant to W. Va. Code §23- 4- 6. The employee is responsible for contacting the Workers' Compensation Division to make this request.

a. Employees of county boards of education continue to accrue seniority credit while receiving TTD benefits during absences from work due to a work-related, compensable injury, but do not accrue credit for years of experience.

b. Personal leave shall accrue while an employee is absent from work receiving TTD benefits, pursuant to the provisions of W. Va. Code § 18-4-10.

c. Any legal school holidays, election days, other noninstructional days such as outside school environment (OS), continuing professional development (CE), and teachers-pupil-parent conferences (TP), and inclement weather days occurring during the period when TTD benefits only are being received, will NOT be paid.

5.3. Election to receive a combination of TTD benefits and compensation for accrued leave:

5.3.1. An employee may elect to receive a combination of TTD benefits and compensation for accrued personal leave, or accrued annual leave if requested, by selecting Option 3 on the Election of Option form (see Attachment 1). The employee shall receive leave compensation only to the extent the leave compensation is required, when added to the TTD benefits, to equal the amount of gross wages regularly paid the employee.

5.3.2. Personal leave compensation equal to the employee's regular gross pay may be paid prior to the award of TTD benefits.

a. If the personal leave compensation paid to the employee prior to the award of TTD benefits, when added to the TTD benefits, is in excess of the employee's regular gross pay, the excess payment shall be deducted from the employee's subsequent pay, according to the procedures presented in the Accounting Procedures Manual for County Boards of Education issued by the Office of School Finance. The employee and the employing agency shall complete the Assignment of Future Wages form (Attachment 2). The number of days of paid leave shall be restored to the employee's leave balance as the deductions are made.

b. Any employee who refuses to have the excess payment deducted from the employee's subsequent pay until the total amount of the overpayment is recovered shall be subject to disciplinary action. Such deductions will be made in accordance with the West Virginia Division of Labor regulations on wage payments and collections.

c. When leave is restored to an employee, appropriate adjustments shall be made by the employing agency's payroll office to obtain credit for the agency's share of contributions for social security and retirement and for the deductions that were withheld from the employee's personal leave pay and to make any necessary adjustments in taxable wages, tax deductions, retirement contributions, FICA and Medicare deductions, and personal leave records.

5.3.3. The employee's accrued personal leave days shall be charged only for such days as equal the amount of personal leave compensation required to compensate the employee at the employee's regular gross rate of pay.

a. Employees of county boards of education continue to accrue seniority credit while receiving leave compensation during absences from work due to a work-related, compensable injury, and may accrue credit for years of experience by use of accrued personal leave.

b. Personal leave shall accrue while an employee is absent from work receiving TTD benefits, pursuant to the provisions of W. Va. Code § 18-4-10.

c. Any legal school holidays, election days, other noninstructional days such as outside school environment (OS), continuing professional development (CE), and teachers-pupil-parent conferences (TP), and inclement weather days occurring during the period when leave compensation is being received will be paid.

5.3.4. After an employee exhausts his/her accrued personal leave, and annual leave if requested, the employee may then receive TTD benefits only during the remaining absence from work due to the work-related, compensable injury, pursuant to W. Va. Code § 23-4-6.

a. Employees of county boards of education continue to accrue seniority credit while receiving TTD benefits during absences from work due to a work-related, compensable injury, but do not accrue credit for years of experience.

b. Personal leave shall accrue while an employee is absent from work receiving TTD benefits, pursuant to the provisions of W. Va. Code § 18-4-10.

c. Any legal school holidays, election days, other noninstructional days such as outside school environment (OS), continuing professional development (CE), and teachers-pupil-parent conferences (TP), and inclement weather days occurring during the period when TTD benefits only are being received, will NOT be paid.

5.3.5. Nothing in this policy prohibits an employee from electing to request a medical leave of absence without pay instead of using personal/annual leave, even if an employee will not be receiving TTD benefits. For example, if an employee is absent from work for only three (3) calendar days due to a work-related, compensable injury, the employee is not eligible for TTD benefits. The employee may, if desired, choose not to use personal leave and instead, request a medical leave of absence without pay.

W. Va. Code R. § 126-158-5