Under present law, whenever a teacher is absent from assigned duties as a result of personal injury caused by a physical assault or other violent criminal act committed against the teacher in the course of the teacher's employment activities, the teacher must receive benefits, comparable to a workers' compensation program, for up to one year after the injury, if the LEA has workers' compensation coverage. A leave of absence for personal injury resulting from an assault or other violent criminal act must not be charged to the teacher's sick leave, personal leave, or professional leave accumulated.
In the event a teacher is absent from assigned duties as a result of personal injury caused by a physical assault or other violent criminal act committed against the teacher in the course of the teacher's employment activities, the LEA must continue to pay the teacher's full benefits, excluding full salary, until the earlier of the date on which the teacher is released by the teacher's physician to return to work or the date on which the teacher is determined by the teacher's physician to be permanently disabled from returning to work.
This bill deletes these provisions and provides, instead, that if a teacher is absent from assigned duties as a result of personal injury caused by a physical assault or other violent criminal act committed against the teacher in the course of the teacher's employment activities, then the LEA must continue to pay the teacher's full salary and full benefits including, but not limited to, health insurance benefits, until the teacher is released by the teacher's physician to return to work or is determined by the teacher's physician to be permanently and totally disabled from returning to work, whichever occurs first.
This bill further requires that if, at the time of the personal injury, the teacher is eligible for workers' compensation or other similar type benefits, then the teacher must file a claim for those benefits. If a teacher receives benefits under a workers' compensation or similar type benefit during the time the teacher is on leave, then the LEA must pay the difference between the teacher's full salary and the workers' compensation or similar type benefits received. An LEA is not required to pay the teacher's full salary or full benefits, or the difference between the workers' compensation or similar type of benefits received, for more than one year.
This bill prohibits a teacher on leave from receiving more than their full salary and full benefits that the teacher is eligible to receive. A leave of absence for personal injury resulting from an assault or other violent criminal act must not be charged to the teacher's sick leave, personal leave, or professional leave.

Statutes affected:
Introduced: 49-5-714