All employees (including temporary) who are disabled as a result of a job‑related injury or disease, which is deemed compensable by Worker’s Compensation, may be granted injury leave not to exceed five of the employee’s normal working shifts for any particular injury. Disabled shall mean unable to perform the tasks usually encountered in one’s employment due either to any injury or disease or to treatments for any injury or disease. A working shift is counted even if an employee is absent for any portion of his or her assigned shift.
Any job‑related injury or disease shall be reported to the Administrative Office as soon as possible. The employee’s supervisor is responsible to complete a First Report of Alleged Occupational Injury or Illness form (NWCC form 1). When this form is received from the supervisor, the Administrative Office shall have the responsibility of supplying all of the necessary information to the Office of Risk Management.
No employee shall receive a salary (workers' compensation plus regular pay) in excess of his or her normal wage.
Health insurance with the appropriate employer contribution will be paid during an absence under workers’ compensation after all accrued leave and compensatory time has been depleted.
If an employee requests or is placed on family/medical leave due to an injury or illness qualifying for workers’ compensation, the Administrative Office will contact the Office of Risk Management for coordination of workers’ compensation and family/medical leave benefits.
Employees being paid workers' compensation for job‑related injuries or disease may use sick and/or vacation leave to supplement the payment up to, but not to exceed, their regular rate of pay.
Employees on workers' compensation shall earn sick and vacation leave at the same rate being earned prior to the injury or disease except as provided in these rules. Example: An employee earning 8 hours of sick leave prior to injury shall earn 8 hours of sick leave subsequent to injury.
Holidays occurring during this period will be paid at a rate proportionate to the amount of sick and/or vacation leave being used.
After all sick and vacation leave has been exhausted, employees shall not be entitled to any leave or pay benefits except as authorized under workers' compensation, and shall be carried in a leave‑without‑pay status while on workers' compensation. This type of leave of absence may exceed 1 calendar year. No service date adjustment is necessary for this unpaid leave.
For a period of 1 year after the date of disability and upon termination of workers' compensation, and after the physician has released him/her to return to work, the employee shall be reinstated to his/her former classification with no salary reduction. If his/her former position is not available, the Administrative Office shall place the employee in a similar position and may reduce the employee's salary.
After 1 year from date of disability, if the employee has not or is not able to return to work, the Nebraska Court System is relieved from any reemployment obligation and the employee may be terminated.