25 NCAC 01E .0707. USE OF LEAVE

(a)  When an employee is injured, the employee shall go on workers' compensation leave and receive the workers' compensation weekly benefit after the required waiting period required by G.S. 97-28.  One of the following options may be chosen:

(1)           Option 1:  Elect to take sick or vacation leave during the required waiting period and then go on workers' compensation leave and begin drawing workers' compensation weekly benefits.

(2)           Option 2:  Elect to go on workers' compensation leave with no pay for the required waiting period and then begin drawing workers' compensation weekly benefits.

(b)  Under Subparagraphs (a)(1) and (a)(2) of this Rule, after the employee has gone on workers' compensation leave, the weekly benefit may be supplemented by the use of partial sick or vacation leave, earned prior to the injury, in accordance with a schedule that is based on a formula designed to ensure that the monetary amount of leave an employee may supplement, combined with the workers' compensation benefit, is as close as possible to the employee's net pay after State and Federal taxes.  This schedule is published by the Office of State Human Resources each year.

 

History Note:        Authority G.S. 97-28; 126-4;

Eff. November 1, 1987;

Amended Eff. October 1, 2004, April 1, 2001; August 1, 1998; December 1, 1993; September 1, 1989;

December 1, 1988.