WHEREAS, the County of Albemarle Personnel Policy Manual has been adopted by the Board of Supervisors; and


            WHEREAS, the proposed Personnel Policy Manual changes: 1) discontinue supplementing workers’ compensation benefits through direct payment of 33 1/3% of employees’ daily wages; 2) allow employees to supplement their 66 2/3% workers’ compensation benefits with accrued sick, annual and compensatory time leave for up to 1/3 of the daily hours they are normally scheduled to work; and 3) make other appropriate updates and modifications; and


            WHEREAS, the Board of Supervisors desires to adopt these Personnel Policy revisions.


            NOW, THEREFORE, BE IT RESOLVED THAT the Board of Supervisors of Albemarle County, Virginia, hereby adopts Personnel Policy P-89, Workers’ Compensation, and amends Personnel Policy P-80, Absences, as attached hereto and incorporated herein, effective September 3, 2008.












This policy establishes procedures to administer benefits under the Virginia Workers’ Compensation Act (the “Act”), Title 65.2 of the Virginia Code. 




A.   First 7 Days of Absence.  In the event an employee misses work for a work-related injury or illness that is compensable under the Act, the first seven (7) calendar days of absence are not covered/paid by Workers’ Compensation.  During this period, an employee may use accrued sick leave.  If sick leave is exhausted, the employee may use accrued annual and/or compensatory leave in any order desired. 


B.   Absence After 7 Days. Starting the eighth (8) calendar day of absence due to a compensable work-related injury or illness, the employee will receive 662/3% of his average weekly wages as Workers’ Compensation income benefits.  From the eighth day forward, the employee may use accrued sick, annual and compensatory leave to supplement his Workers’ Compensation income benefits, as follows:


1.      The leave shall not exceed 1/3 of the employee’s normally scheduled, non-overtime work hours on any shift.


2.      Sick leave must be taken first.  After sick leave is exhausted, the employee may use accrued annual and/or compensatory leave in any order desired.


3.      All leave must be accrued by the time of usage.  Employees may not borrow against future leave accrual.


4.      The County’s Sick Leave Bank may not be utilized during this period.


C.  Benefits After 21 Days of Absence.  In the event that the absence exceeds twenty-one (21) calendar days, the employee will be reimbursed for the first seven (7) calendar days by the County’s Third Party Administrator for Workers’ Compensation at the calculated compensation rate.  The employee will be allowed to keep this reimbursement without obligation to return any payments to the County.


D.  Leave for Noncompensable Claims.  Should a claim not be accepted by Workers’ Compensation as compensable, the employee may use all applicable leave for which he is eligible.


E.   Employer/Employee Insurance Contributions.  The County shall continue all applicable contributions toward retirement, life insurance, health insurance and dental insurance during the period of time an employee is absent for a compensable injury/illness.  It will be the employee’s responsibility to make payment arrangements directly with the Payroll Department for the employee’s contribution toward these benefits, as well as any other optional programs to which the employee may be contributing. 


F.   Return to Work.  Once the employee is released by his treating physician to return to work in any capacity, he is expected to return to work.  Depending upon the nature of the medical restrictions, if any, and the staffing needs of the employee’s department, this return may not necessarily be to the same position or duties worked by the employee at the time of the injury/illness.  Should the employee turn down or fail to perform offered work that he is capable of doing, the County may take all actions permitted under law, including but not limited to, contesting the employee’s entitlement to further Workers’ Compensation benefits before the Virginia Workers’ Compensation Commission.




A.   Workers’ Compensation Third Party Administrator. The Workers’ Compensation program is administered through a third party administrator. The Third Party Administrator handles all employee claims and settlements after detailed consultation with the County’s representative, including contested claims scheduled for a hearing before the Virginia Workers’ Compensation Commission.


B.   Employee Reporting.  Employees are required to report immediately all work-related injuries and illnesses to their supervisor.  These include any injury that occurs while working and any illness that the employee believes to be caused by his work.  All incidents shall be reported regardless of apparent significance and regardless of whether medical attention was obtained.  Late reporting by the employee can result in delayed or denied Workers’ Compensation benefits.


C.  Departmental Reporting.  The employee’s department is responsible for:


1.   Submitting an Employer’s Accident Report immediately upon notification by the employee of a work-related injury or illness, or upon his knowledge of the event.  All reports must be submitted electronically within 24 hours of the accident or injury. 


2.   Accurately recording time lost due to work-related injury or illness utilizing appropriate leave code(s).


D.   Assistance to Employees. The Human Resources Department is responsible for providing information to employees with respect to workers’ compensation benefits. Human Resources will also assist employees in completing necessary paperwork for submission to the Third Party Administrator.


Adopted: _____________, 2008


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