Page 61 - 2016-2021-OSU

utilize leave credits (including sick leave at half pay) pending a

determination by the Workers’ Compensation Board.

(b) If the employee’s controverted or contested claim is decided in the
employee’s favor, any leave credits charged (and sick leave at half pay

eligibility) shall be restored proportional to the net monetary award credited
to New York State by the Workers’ Compensation Board.

(c) If the employee was in leave without pay status pending determination
of a controverted or contested claim, and the claim is decided in the

employee’s favor, the employee shall receive the bene fits in Paragraph 11.5
(d) Where a claim for Workers’ Compensation is controverted or

contested by the State Insurance Fund, the parties will abide by the
determination of the Workers’ Compensation Board.

§11.7(a) If the date of the disabling incident is prior to April 1, 1986, the
benefits available shall be as provided in the 1982-85 State/CSEA

Agreement.
(b) If the date of the disabling incident is on or after April 1, 1986, and

prior to July 1, 1992, the benefits available shall be as provided in the 1988-
91 State/CSEA Agreement. If the date of the disabling incident is on or after

July 1, 1992, and prior to July 1, 2004, the benefits available shall be as
provided in the 1999-2003 State/CSEA Agreement.

(c) If the date of the disabling incident is on or after July 1, 2004, and prior
to July 1, 2008, the benefits available shall be as provided in the 2003-2007

State/CSEA Agreement.
(d) If the disabling incident is on or after July 1, 2008, the benefits

available shall be as provided herein.
§11.8 Mandatory Alternate Duty

The parties agree to develop, as soon as possible, a mandatory alternate
duty policy for employees who request or are directed to return to work after

suffering an occupational injury or disease. The mandatory alternate duty

policy will allow management to recall an employee to duty and will allow
an eligible employee to request to return to duty subject to the eligibility

criteria in the policy. The basic tenets of the Mandatory Alternate Duty
Policy shall include, but not be limited to, the following:

An employee’s level of disability must be classified as 50 percent or less
disabled by the State Insurance Fund.

Mandatory alternate duty assignments shall be based upon medical

60