ACCRUED SICK
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CONSIDER
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ER 14~ 199$ ACTION
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VOL. V
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... 5
COMMISSIONERS' COURT AGENDA REQUEST

MADE BY: Barbara Nemec OFFICE:
MEETII~IGDATE: December 14, 1998
SUBJECT: (PLEASE BE.SPECIFIC)
Treasurer
T1ME PRA:
AM
CONSIDER ALLOWING EMPLOYEES TO USE ACCRUED SICK LEAVE TO MAKE UP
THE PAY DIFFERENCE WHEN AN EMPLOYEE IS OUT ON WORKERS COMPENSATION.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
ESTIMATED LENGTH OF PRESENTATION: ~ ~ „; n
~'F PERSONNEL MATTER -NAME OF EMPLOYEE:
NAME OF PERSON ADDRESSING THE COURT: Barbara Nemec
Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5,
Chapter 551 aad 552, Government Code, is as follows: ,
Meeting scheduled for Mondays: 5:00 P.M. previous Monday.
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON: (~
r
All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has
been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will
be appreciated and co~ribute towards you request being addressed at the earliest opportunity. See Agenda
Request Rules Adopted by Cornmissioners' Court.
~.


~~. ,i"
v/ V WIi~~/Wki(/ J / Q~II~
COUNTY TREASURER
KEflR COUNTY COURtNg1SE
KERRVILLE, TEXAS 7802$
I^
December 07, 1998
County Judge & Commissioners:
This is to follow up on whether an employee may use their sick leave
to make up for the difference of their workman's comp salary.
I have thoroughly researched and discussed this issue with Richard
Slagel, Personnel Specialist from Texas Association of Counties.
He has reviewed our personnel policy and has also reviewed court order
no. 23919 and has reassured me that we are in compliance with the Fair
Labor Standards Act.
This is an internal decision that could be made. Keep in mind
however, that should court order no. 23919 be amended and employees
who are on workman's comp leave be allowed to receive pay against
their sick leave. this would cause certain departments to declare an
emergency in order to pay the salary of a person who is hired on a
temporary basis to fill in for the employee who is on leave.
Another disadvantage is that often times a physician releases an
employee to return to work based on how the employee reports his/her
progress, their would be no incentive for an employee to return to
work.
For the past eight years I have dealt with workman's camp and sick
leave issues. While not all employees abuse the system. we have a few
that do and it is the department that suffers from it. This would
also create an accounting nightmare for budget purposes and payroll.
Sincerely,
Barbara Hemec
~.

ORDER NO. 23919
APPROVAL OF AMENDING KERR COUNTY
PERSONNEL POLICY CHAPTER li-HEALTH AND SAFETY,
SECTION li.@4-@N-THE-JOP INJURIES
On this the 14th day of April 1997, upon motion ^ade by
Commissioner Baldwin, seconded by Commissioner Letz, the Court
unanimously approved by a vote of 4-0-@, to amend Kerr County
Personnel Policy Chapter il-Health and Safety, Section
li.@4-On-the-Job Injuries.
While on leave because of on-the-job injury an "eligible"
employee is entitled to family and medical leave for a
total of 12 weeks. An employee who takes leave under this
law must be able to return to the same job of a job with
equivalent status and pay providing the employee returns
to work within the 12 week period. In addition, the em-
ployer must continue the employee's health benefits dur-
ing the leave period. After the conclusion of the 12 week
period the employee may continue his/her health insurance
r if paid in advance by the employee. Employees who wish
to take such leave must request it in writing and must
fill out all paper work pertaining to FMLA.
The County will pay an employee who is on leave because
of an on-the-job injury for the first seven days. Be-
ginning on the eighth day salary benefits will be paid
by the worker's compensation insurance. Salary benefits
will be paid at 70-75% of the employee's weekly wages.
An employee may not use his/her sick leave; vacation leave
or comp time during the time which an employee is on leave
because of an on-the-job injury.