§ 21-4-208 - Sick leave -- Use in conjunction with workers' compensation.

21-4-208. Sick leave -- Use in conjunction with workers' compensation.

(a) (1) Employees who are absent from work due to a temporary occupational injury or illness and who are entitled to workers' compensation benefits, upon proper application, may utilize their accrued sick leave as a supplement to their workers' compensation benefits so as to receive benefits from both sources equal to but not in excess of their normal weekly pay at the time of their injury or onset of illness.

(2) Such option, when exercised, shall reduce the employee's accrued sick leave on a proportional basis.

(b) (1) In the event an employee receives workers' compensation payments as a salary benefit in addition to sick leave payments and the combined payments exceed the employee's normal weekly pay, the employee shall pay the excess amount to the agency for deposit in the agency's fund from which the sick leave has been paid.

(2) Upon receipt of the excess amount of pay, the agency shall then restore to the employee's credit that amount of sick leave that was used in a proportion that the workers' compensation payment is to the employee's weekly pay.