4. Comprehensive Disability Program
E.4.01 - Disability or Injury
The System offers a comprehensive disability policy for all benefits eligible employees in order to:
a. create a comprehensive system-wide disability or injury program for both illness or injury off-the-job, and on-the-job illness or injury; and
E.4.02 - Scope
This policy applies to all full-time, permanent employees of LSCS. This policy does not extend disability benefits to part-time, seasonal, or temporary employees. Part-time, seasonal, or temporary employees are eligible for state mandated workers' compensation benefits.
E.4.03 - Definitions
"Disability" is a permanent, physical or mental impairment that substantially limits one or more of the major life activities of an individual.
"Illness, Injury, or Medical Condition" is a temporary or permanent physical or mental impairment that does not substantially limit one or more of the major life activities of an individual.
"Long Term Disability" is a sickness, accidental bodily injury, or pregnancy that causes one to either be unable to perform with reasonable continuity the essential functions of one's own occupation, "
"Reasonable Accommodation" is a modification of the work environment and/or work process that enables a person with a disability to perform the essential functions of the job. The determination of what accommodations are reasonable shall be at the sole discretion of the System.
E.4.04 - General Provisions
a. All provisions of the policy apply to both off the job and on-the-job illness or injury, with the exception of state-mandated workers' compensation benefits. See Workers Compensation Policy.
b. An employee who experiences an illness or injury that renders him or her incapable of performing regularly assigned duties shall be required to use all appropriate leave balances before applying for long-term disability benefits.
c. An employee who becomes eligible for long-term disability benefits will be placed on inactive status. Inactive status will terminate upon the earlier of the following occurrences:
i. The employee returns to work and is able to perform the essential functions of his or her position; or
ii. The expiration of twelve (12) consecutive months on inactive status.
d. While on inactive status, the employee will cease to accrue vacation and sick leave.
e. The System will maintain the employment of an individual with a disability, illness, injury, or medical condition for twelve months. Within the twelve-month period, the System may re-activate the employee in the position held by the employee prior to the date of his or her disability, injury, illness, or medical condition or transfer the employee into another position, provided that the employee is able to perform the essential functions of the job and the twelve-month period has not expired.
f. After one year, an employee's ability to perform the essential functions of his or her regular position will be evaluated according to the Americans with Disabilities Act (ADA). If the employee is unable to perform the essential functions of the position with a reasonable accommodation, the employee will be terminated. (See also "Disability" Section, Chapter IV. Human Resources, Board Policy Manual).
g. An employee who experiences an on-the-job injury or illness that renders him or her incapable of performing his or her regularly assigned duties is eligible for workers' compensation benefits.
i. Upon becoming disabled from an on-the-job injury, the employee shall provide to the Human Resources Department a medical slip from the physician, specifying the injury and probable length of the disability. If the employee is off-duty more than seven days, the employee will be eligible for workers' compensation benefits.
ii. An employee who is receiving workers' compensation benefits may choose to use accumulated sick leave concurrently. If the employee chooses this option, the System shall pay the difference between the weekly income benefits received under workers' compensation and the employee's regular weekly compensation. Sick leave shall be charged proportionately.
E.4.05 - Family Medical Leave
An employee taking Family Medical Leave Act leave, and receiving workers' compensation wage benefits, may not use any accumulated sick leave until the Family Medical Leave expires (See "Leaves and Absences" Section, Chapter IV. Human Resources, Board Policy Manual). The System shall pay the difference between the weekly income benefit received under workers' compensation and the employee's regular compensation. If the employee's accrued sick leave is exhausted and the employee is still absent from work due to job injury, the employee shall be placed on leave without pay status (See "Leaves and Absences" Section, above).
E.4.06 - Return to Full Duty
The System reserves the right to require an independent physical or mental assessment, at the System's expense, upon the return to work of the employee from a work-related or non-work related disability, illness, injury, or medical condition.
E.4.07 - Long-Term Disability Insurance
The System offers long-term disability (LTD) insurance, through the State of Texas, for full-time employees. An individual with a disability as defined in this policy is eligible to apply and receive LTD benefits.
E.4.08 - Medical Records
All medical records obtained pursuant to this policy will be maintained in confidential medical files.