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MAKE WHOLE

STATE OF COLORADO EMPLOYEE HANDBOOK

STATE PERSONNEL RULES CHAPTER 5

 TECHNICAL ASSISTANCE GUIDE

Effective for all Staff once the 90 Day Injury Leave is exhausted.

A permanent employee who suffers a compensable Worker’s Compensation  injury or illness and has exhausted their 90 days of injury leave shall be paid directly by the insurance carrier (URM) 2/3 of their average weekly wage, subject to statutory limits . The intent is to get as close as possible to the employee’s gross base salary but not exceed it.   The "make whole" policy allows employees to "borrow" 100% of their sick and/or annual leave time while payments are made from the insurance carrier (URM).  The leave time is then adjusted by a Reduction in Pay for the amount that WC paid and an equivalent amount, converted to hours, is credited to their leave time.  However, since the adjustment rarely occurs in the same month, we urge employees to bank the W.C. checks,as Payroll will be docking the pay.                                                       

An employee may elect to use compensatory time before being placed on sick and then annual leave. Employees do not have discretion to request that they not be made whole and may not turn over workers’ compensation payments to the agency.   An employee who is being made whole for an entire month earns the full amount of sick and annual leave. Leave is pro-rated for an employee who is made whole for part of a month and is on leave-without-pay for the remainder.  

If an employee exhausts sick leave and is unable to return to work, annual leave is used. If the employee is still unable to return after exhausting annual leave and no other leave or benefit is applicable (e.g., FMLA, short-term disability leave, ADA), the employee may be discharged, following a pre-termination exchange of information as provided in Board Rule R-7-1.

   Example:

A. Hours of Lost Time for which Sick or Annual Leave was used    50.00 Hours
B. Hourly rate for the month in which leave was recorded on Peoplesoft  $           15.00
C. Due to this injury, amount of salary paid as leave (A X B)  $         750.00
D. Work comp. benefits paid to claimant by University Risk Management
for hours reported in "A".  (Hours to be recorded as reduction in pay.)  $         500.00
E. Balance of salary required in order to be "Made Whole" (C - D)
(This amount to remain recorded as sick or annual leave)  $         250.00
F. Amount paid to claimant as work comp benefit (D), converted to
hours (D/B).  These hours to be reinstated to leave balance .  33.33 Hours
     ACTION REQUIRED BY DEPARTMENT   
REINSTATE LEAVE BALANCE (From F)                              Sick 33.33 Hours
Annual    Hours
REDUCTION IN PAY (From D)   $         500.00

TLL 12-13-03