Memorandum of Understanding with Unit 12 - Dpa - State of California

E. The final decision as to whether an employee is eligible for, or continues to be eligiblefor, EIDL shall rest with the department director or designee. The department mayperiodically review the employee's condition by any means necessary to determine anemployee's continued eligibility for EIDL.F. Other existing rules regarding the administration of IDL will be followed in theadministration of EIDL.G. This section relating to EIDL will not be subject to the arbitration procedures of thisAgreement.3.10 Long-Term Care Insurance PlanA. Employees in classes assigned to Bargaining Unit 12 are eligible to enroll in anylong-term care insurance plan sponsored by the Department of Personnel Administration.The employee's spouse, parents, and the spouse's parents are also eligible to enroll in theplans, subject to the underwriting criteria specified in the plan.B. The long-term care insurance premiums and the administrative cost to the Department ofPersonnel Administration and the State Controllers Office shall be fully paid by theemployee and are subject to payroll deductions.3.11 Non-Industrial Disability InsuranceA. For periods of disability commencing on or after October 1, 1984, eligible employeesshall receive NDI payments at 60% of their full pay, not to exceed $135 per week, payablemonthly for a period not exceeding 26 weeks for any one disability benefit period. Anemployee is not eligible for a second disability benefit due to the same or related cause orcondition unless he/she has returned to work for at least ten (10) consecutive work days.Paid leave shall not be used to cover the ten (10) work days.B. The employee shall serve a ten (10) consecutive calendar day waiting period before NDIpayments commence for each disability. Accrued vacation or sick leave balances may beused to cover this waiting period. The waiting period may be waived commencing with thefirst full day of confinement in a hospital or nursing home.C. If the employee elects to use vacation or sick leave credits prior to receiving NDIpayments, he or she is not required to exhaust the accrued leave balance.D. Following the start of NDI payments an employee may at any time switch from NDI tosick leave or vacation leave, but may not return to NDI until that leave is exhausted.E. In accordance with the State's "return to work" policy, an employee who is eligible toreceive NDI benefits and who is medically certified as unable to return to his/her full-timework during the period of his or her disability, may upon the discretion of his or herappointing power work those hours (in hour increments) which when combined with the NDIbenefit will not exceed 100% of regular "full pay".The appointing power may require an employee to submit to a medical examination by aphysician or physicians designated by the Director of the Employment DevelopmentDepartment for the purpose of evaluating the capacity of the employee to perform the workof his or her position.34BU 12(99-01)