Why is Enhanced Industrial Disability Leave (EIDL) important?
California Government Code Section 19871.2 provides that:
“[w]hen an excluded employee is temporarily disabled for more than 22 consecutive working days by an injury or type of injury designated by the director as qualifying an employee for the benefits of this section, he or she shall receive an enhanced industrial disability leave benefit. The enhanced benefit shall be equivalent to the injured employee’s net take home salary on the date of occurrence of injury. Eligibility and benefits may not exceed 52 weeks within a two-year period after the date of occurrence of the injury. For the purposes of this section, “net salary” means the amount of salary received after federal income tax, state income tax, and the employee’s retirement contribution has been deducted from the employee’s gross salary.
The final decision as to whether an employee is eligible for, or continues to be eligible for, enhanced benefits shall rest with the appointing authority or his or her designee. The appointing authority may periodically review the employee’s condition by any means necessary to determine an employee’s continued eligibility for enhanced benefits.”
This benefit is called Enhanced Industrial Disability Leave or EIDL. EIDL is available to certain state employees via the memoranda of understanding for specific bargaining unit. Further, there are certain qualifying injuries for which the benefits are triggered.
Elements to Qualify for Enhanced Industrial Disability Leave (EIDL)
- There must be a period of temporary disability as a result of the physical injury in the official performance of job duties. Temporary disability can be of two types: total temporary disability and partial temporary disability. Partial temporary disability can be a period in which someone is able to work part-time; and
- There must be a qualifying physical injury as provided for in the Memorandum of Understanding for the Injured Worker’s Bargaining Unit.
- There should be medical evidence and reporting to support that the physical injury is the basis for the disability. Also, emphasis should be on the physical injury. Any psychiatric injury disability alone may not apply.
If you think you are entitled to receive such benefits
- Contact your Association or Union and obtain a copy of your Memorandum of Understanding;
- Review the Memorandum of Understanding concerning the qualifying injuries which apply; and
- Contact your Employer to see if they will be paying the benefits
What do I need to do to if I have an EIDL situation?
- Make sure that the work injury is reported to your employer;
- Make sure that you have documented or obtained evidence to prove that the physical injury occurred is in fact a qualifying injury; and
- Make sure that you have appropriate medical documentation supporting the period of temporary disability.
Why is EIDL important?
- Compensation is made at a higher rate;
- Continued contribution to retirement.
What are Examples of Qualifying Events?
- Assault by an inmate, patient, ward, or parolee under the jurisdiction of the California Department of Corrections or the California Youth Authority;
- Responding to, returning from, or fighting an “active fire”;
- A criminal act of violence against a peace officer who was performing in the line of duty (a criminal act of violence is an act which would constitute a misdemeanor or felony if pursued to conviction);
- An injury caused by a domestic animal while the peace officer was performing in the line of duty;
- Assault by a resident, inmate, patient, client or member under the jurisdiction of the Department of Developmental Services, the Department of Mental Health, the Department of Veterans’ Affairs, or the Department of Education;
- An injury incurred while at a crime scene and while performing the official duties of a Department of Justice Bureau of Forensic Services Crime Scene Responder;
- Involvement in an automobile accident while performing a driving examination, or as a result of a criminal act of violence while performing the duties of a Department of Motor Vehicle Licensing Examiner; or
- Assault while performing the duties of the classification of Inspectors, Department of Consumer Affairs and Program Representative, or Bureau of Automotive Repair.
EIDL benefits only apply to physical injuries and medical complications directly related to one of the above circumstances. EIDL does not apply to presumptive, stress-related disabilities or physical disabilities of mental origin. Each appointing power or his/her designee has the final decision regarding an employee’s eligibility for EIDL. Eligibility determinations are based on the specific circumstances of each case.
With more than 23 years of expertise in defending workers’ rights, the Law Offices of Edward J. Singer, A Professional Law Corporation, is here to assist. If you have any questions concerning your rights, please do not hesitate to contact our offices. Please contact us today concerning any workers’ compensation questions or issues.