ARTICLE XII - WORKER’S COMPENSATION ILLNESS AND PERSONAL ABSENCE


Worker’s Compensation
  1. The following shall be applicable to all Workers’ Compensation claims effective November 1, 2010.

    An employee who is out because of injury or occupational disease that is compensable under Worker’s Compensation statutes of the State of Washington shall receive time loss compensation in accordance with the Washington State laws for such compensation.

    In addition to payments from the State of Washington, an employee may be eligible for an additional “Disability Equalizer Benefit (DEB)” (Supplemental 2).

    The process for the DEB will be for MSA LLC to administratively calculate the employee’s net pay while working and compare it to an administratively calculated rate including payments from the State.

    The DEB would be provided to an employee if the employee’s administratively calculated net pay while working is greater than the administratively calculated net pay while receiving time loss compensation.

    This DEB will continue for a maximum of one hundred eighty (180) days, per approved claim, or until such disability payments from the State of Washington are ceased.


    1. In the event that a decision of the Department of Labor and Industries, or of the Superior Court, is appealed by either the Company or the employee, payment of said difference will not be made unless and until a final determination is made in favor of the employee by the appropriate agency or court, but in no event will payment be made beyond the first one hundred eighty (180) days such employee is out. No shift differential will be included in computing weekly salary.

    2. In the event an employee is out because of injury or occupational disease that is compensable under Worker’s Compensation statutes of the State of Washington, but is not within the comprehension of the MSA LLC Long-term Disability Insurance Plan, the SPO will be paid an amount equal to the difference between the forty (40) hour weekly salary the SPO otherwise would have received, and the payments that they received from Worker’s Compensation until such time as the disability payments are terminated by an order of the Department of Labor and Industries, or by an order of the Superior Court. In the event that a decision of the Department of Labor and Industries, or of the Superior Court, is appealed by either the Company or the employee payment of said difference will not be made unless and until a final determination is made in favor of the employee by the appropriate agency or court. No shift differential will be included in computing weekly salary.

  2. Personal Illness

    1. An employee who is absent from work because of personal illness may be allowed pay for the absence upon approval of the President of MSA LLC or their delegated representative.

    2. An employee will not be limited to a specific number of accrued days for which they may be paid in any specific period of time. Rather, payment may be made for an indefinite number of days according to individual circumstances.

    3. How long an employee's salary and what portion of salary is continued during a period of prolonged illness is decided by the President of MSA LLC or their delegated representative according to individual need.

    4. Payment for working days of absence will be based upon the employee's paid salary at the time of their absence, but excluding shift differential.

    5. An employee will be eligible for illness absence payments if:

      1. The employee reports their absence or anticipated absence to their supervisor as soon as reasonably possible under all the circumstances and continues to keep their supervisor informed of their condition.

      2. The employee submits upon request, verification of illness satisfactory to the President of MSA LLC or their delegated representative and

      3. In the opinion of the President of MSA LLC or their delegated representative such payment is appropriate in light of the circumstances surrounding the illness.

    6. The provisions of Section B. through E. above are not to be considered as "entitling" an employee to be absent without loss of pay for all or any part of their absence. However, it is specifically understood and agreed that the President of MSA LLC or their delegated representative will not arbitrarily or unreasonably withhold approval of verification of illness or of a payment under the provisions of Sections B. through E. above.

  3. Personal Absences

    1. An employee, if absent for personal reasons other than vacations or personal illness, may be allowed full pay, less shift differential, but subject to the approval of the President of MSA LLC or their delegated representative.

    2. An employee will not be limited to a specific number of accrued days for which they may be paid in any specific period of time. Rather, payment may be made for an indefinite number of days according to individual circumstances.

    3. Payment for absence for personal reasons may be allowed for personal emergencies, such as serious illness in the immediate family, or for important circumstances or transactions which require the presence or personal attention of the individual employee and which are not for monetary gain, and which could not be attended to outside the employee's regular hours of work.

    4. SPOs may, subject to the approval of the President of MSA LLC or their delegated representative, be allowed full pay for up to forty-eight (48) hours annually for the death of a member of the "immediate family".

    5. For purposes of this Article the "immediate family" is defined as the employee's or spouse's children, spouse or registered domestic partner, foster children, parents, step parents, foster parents, grandchildren, brothers, sisters, grandparents, or the employee's son-in-law or daughter-in-law.

    6. The provisions of Sections A., B., C. and D. are not to be considered as "entitling" an employee to be absent for personal reasons without loss of pay for all or any part of their absence. However, it is specifically understood and agreed that the President of MSA LLC or their delegated representative will not arbitrarily or unreasonably withhold approval of verification for personal business or "D" time or of a payment under the provisions of Sections A. through D. above.

    7. When a SPO is called for service as a juror, the SPO will continue to receive full pay, less shift differential, during the period of such service. If the SPO is assigned to night shift the day prior to jury duty, the SPO is entitled to six (6) hours of jury pay to accommodate the jury duty service.
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