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A. STDL: West Valley City provides benefited employees with a self-funded plan for income replacement for employees unable to work as a result of their own serious health condition.

B. Benefit Period: STDL benefits are payable for up to 120 days, including weekends, within a 52 rolling week period regardless of the number of actual hours paid under the plan. The 120 days does not include the waiting period.

Eligibility:

West Valley City Benefited Employees are eligible for STDL if they:

a. Have worked for West Valley City for at least 12 months; and

b. Have worked at least 1,250 hours during the 12 calendar months immediately preceding the request for leave;

c. The employee must be under the continuous care of a doctor and be receiving treatment for the medical condition causing the disability.

d. At any time during the disability the City, at is sole discretion, may designate a doctor, or other health professional, or vocational rehabilitation counselor to either examine or conduct a personal interview to assist in determining the validity of the claim.

e. Failure to cooperate in this examination, interview or rehabilitation assessment will result in immediate loss of benefits and/or disciplinary action up to including termination of employment.

f. Employees with any questions about their eligibility for STDL should contact Human Resources for more information.

g. An employee is no longer eligible for STDL benefits if they work for compensation or profit (Outside of their position with the City) any time during STDL, except when approved by Human Resources.

h. Disabilities arising from pregnancy, childbirth, or complications arising there from, shall be treated the same as any other health condition which prevents an employee from working.

i. Benefits will not be payable for an injury or sickness due to war or any act of war, or service in the armed forces of any country or international authority.

j. Benefits will not be payable for any intentional self-inflicted injury.

k. Benefits will not be payable as the result of participation in the commission of a criminal act.

C. STDL Compensation: Eligible employees are paid a 60% benefit for any time off work due to their own serious health condition.

D. Waiting Period:

1. Before short term disability benefits are payable an eligible employee must complete a waiting period equivalent to the hours in one full pay period. Any accrued leave must be used, if available, to fulfill the waiting period. If an employee has no accrued leave then the waiting period will be unpaid as long as they are under a physician’s care.

2. The waiting period begins on the employee’s first scheduled shift missed. Each separate illness requires the completion of an additional waiting period. However, if the employee provides a physician statement indicating that a prior absence within the previous 60 days was related to the current disability, then no additional waiting period is required.

E. Banked Sick Leave and STDL run concurrently

Employees who have accrued banked sick leave are not eligible for the 60% benefit STDL provides until all banked sick leave has been exhausted. After banked sick leave is exhausted the employee may be eligible for STDL benefits as long as the combination of banked sick leave used and STDL benefits did not exceed 120 days in a rolling 12 month period.

F. Accrued time and STDL: Accrued time must be used in conjunction with STDL when available.

G. Family Medical Leave and STDL: STDL and FMLA will run concurrently for an employee’s own serious health condition.

H. Intermittent Leave and STDL:

1. If the physician determines that the nature of your disability will allow you to work intermittently, you may still be eligible for Short Term Disability Leave. However, since the STDL benefit is payable for 120 days, regardless of the number of hours worked during your regular scheduled shift, a full day will be deducted from the STDL 120 day benefit.

2. West Valley City may “dock” the salary of exempt employees who work partial days due to intermittent or reduced schedule leave without negating exempt status under the FLSA.

I. Maternity Leave and STDL: Pregnancy is treated as any other illness for the purpose of STDL eligibility. The employee must be under the continuous care of a physician and must have a release from her physician in order to return to work.

J. Overtime/Holiday and STDL: At no time can an employee on STDL receive more than 40 hours of pay per week. STDL is not counted as hours worked for the purpose of overtime calculation. Holiday hours are automatically used in lieu of STDL benefits even if the employee would have normally been scheduled to work the holiday. If the employee has used the holiday hours in advance, the employee must use any other available leave. Floating holidays, if available, may be used in conjunction with STDL.

K. Employment Status while on STDL: Employees are considered actively employed while receiving STDL benefits. Service credits with the Utah State Retirement Systems will continue to accrue and contributions will continue. The employee will be responsible to pay the employee portion of the medical and dental premium if the employee is enrolled in those benefits. The City will continue to pay the City portion of those benefits.

L. Termination of Benefits: STDL benefits may be terminated for any of the following reasons including but not limited to:

1. Failure to appear for a physical examination upon the request of the City

2. Failure to be evaluated for a fitness for duty examination.

3. Failure to return to work on the day designated by the physician.

4. Failure to provide proper physician statements explaining the employee’s injury or illness as requested by the City.

5. Leaving the State or Country for any reasons other than for prescribed medical treatment.

M. Termination of Employment: An employee who exhausts all STDL benefits, and all accrued leave may be terminated from employment with the City.

N. Subrogation: The amount of benefit an employee receives under the STDL plan is coordinated with other benefits that may be available. This means that any payments received from Workers’ Compensation, State Disability, Motor Vehicle insurance programs, FMLA or primary Social Security disability will reduce the benefits payable under the plan.

O. Recertification: The City may require STD recertification every 2 weeks if needed.