California Workers' Compensation

[SHRED]

I work for a city in California.
My co-worker was injured on the job (knee).

The HR Department is telling him that when he goes out for surgery he needs to use up all his sick leave, vacation, and comp time before he can receive Workers' Compensation pay. And to top that off he will only get 66% of pay. His time for physical therapy will not be compensated.

I searched our MOU and Personnel Rules but nothing in there.

Where can I go to find out if this is correct procedure..
I looked around the Sate's DWC site but didn't see anything.
http://www.dir.ca.gov/dwc/dwc_home_page.htm

Any help is appreciated.

[SHRED]

1. Found it:

6.9 WORKERS' COMPENSATION

All employees of the City will be covered by the workers' compensation laws of the

State. Any nonsafety employee who is eligible for temporary disability payments under

the workers' compensation law, shall, for the duration of such payments, receive only

that portion of his/her regular salary which, together with said payments, will equal

his/her regular salary. Unless otherwise advised in writing by the employee within a

five-day period, such salary payments made during a period of temporary disability

payments shall be charged against the employee's accumulated sick leave or vacation

leave. Should the employee's accumulated sick leave and vacation leave be

exhausted, the employee shall be subject to a leave of absence without pay. In order

not to work an undue hardship on the employee caused by the time lag involved in

temporary disability, the employee, at the discretion of the Personnel Officer, may be

paid his/her full salary to the extent of accumulated sick leave or vacation leave. Upon

receipt of temporary disability payments, the employee shall endorse such payments to

the City.

After exhausting sick leave and vacation benefits and while the employee continues to

receive workers' compensation benefits, the City may collect from the employee the

employee's costs of insurance and the City may pay the employer's cost of insurance.

After the employee has exhausted sick leave and vacation benefits, the City will make

no contributions to the retirement plan.