If there is an accidental injury arising out of and in the course of employment with the State, which is covered under Workers' Compensation, an employee who is not eligible for or who has exhausted his paid administrative leave shall make an election to use either accrued leave time (sick or annual, or both) or Workers' Compensation benefits awarded in accordance with Title 42. Before the election is made, the effect of each available option on the employee's future leave must be explained to him by his employer. The election must be in writing and signed by the employee and the person who explains the options to him. The election of the employee is irrevocable as to each individual incident.
When an employee is placed on paid administrative leave or has elected to use all or any portion of accrued leave time and the leave time is exhausted before the employee can return to work, the employee is entitled to Workers' Compensation benefits effective at the time the specified amount of leave is exhausted.
An employee who is placed on paid administrative leave or who has elected to use accrued leave time, under the provisions of this section, is eligible for the payment of medical costs provided by Workers' Compensation benefits.
An employee also may elect to receive Workers' Compensation on a prorated basis in conjunction with sick or annual leave, or both, in accordance with a proration formula established by the Department of Administration. Before this election is made, the effect of this option on the employee's future leave must be explained to him by his employer. The election must be in writing and signed by the employee and the person who explains the option to him.
HISTORY: 1984 Act No. 512, Part II, Section 10; 1985 Act No. 58, Section 2; 1988 Act No. 310, Section 1, eff February 24, 1988.
Structure South Carolina Code of Laws
Title 8 - Public Officers and Employees
Chapter 11 - State Officers And Employees
Section 8-11-17. Flexible scheduling.
Section 8-11-20. Oath and bonds of certain state employees; blanket departmental bonds.
Section 8-11-30. Payment or receipt of salary which is not due.
Section 8-11-33. Withholding or deducting pay from state employee's wages.
Section 8-11-35. Salary payment schedule; maximum salaries; dual compensation; reports; exception.
Section 8-11-40. Sick leave; leave when employee attacked; leave for sick family member.
Section 8-11-45. Transfer of accumulated leave upon transfer of legislative employees.
Section 8-11-50. Compensatory time for working on legal holidays.
Section 8-11-55. Compensatory time for working overtime.
Section 8-11-60. Removal of officers elected by General Assembly.
Section 8-11-65. Leaves of absence to be organ donor.
Section 8-11-75. Repayment of deferred compensation plan loans.
Section 8-11-80. Deduction for group life, hospital, and other insurance.
Section 8-11-83. Payroll deduction for dues of certain organizations.
Section 8-11-90. Deductions for federal taxes.
Section 8-11-91. Deductions for charitable contributions.
Section 8-11-93. Minimum level of employee participation required.
Section 8-11-95. Two charitable solicitation drives permitted per year.
Section 8-11-97. Promulgation of regulations.
Section 8-11-98. Deductions for payment to credit union.
Section 8-11-99. Payroll deduction for parking fees on state-owned or state-operated property.
Section 8-11-100. Representation on boards and commissions when new judicial circuits created.
Section 8-11-120. Posting notice of job vacancies.
Section 8-11-130. State agencies authorized to provide aid to employees in moving personal effects.
Section 8-11-135. Payment of moving expenses of new employees.
Section 8-11-140. Minimum wage for state employees and public school bus drivers.
Section 8-11-150. Paid parental leave; birth of child; placement of foster child.
Section 8-11-155. Use of sick leave to care for adopted child.
Section 8-11-155. Paid parental leave; adoption.
Section 8-11-160. Agency Head Salary Commission; salary increases for agency heads.
Section 8-11-170. Agency head dually employed by another state agency; timely payment.
Section 8-11-175. Blood drives and donations.
Section 8-11-177. Funeral leave.
Section 8-11-180. Paid leave for certified disaster service volunteers with the American Red Cross.
Section 8-11-186. Reporting interim new full-time employment positions.
Section 8-11-190. Use of public funds to reward state employees.
Section 8-11-192. Mandatory state agency furlough programs; consultation and guidance services.
Section 8-11-193. Employee furloughs.
Section 8-11-194. Employee benefit costs not funded from general fund.
Section 8-11-195. State employee furlough policies.
Section 8-11-196. Hiring of employees to fill temporary grant positions.
Section 8-11-197. Mileage reimbursement rate.
Section 8-11-198. Per diem from more than one source.
Section 8-11-199. American Bar Association dues payment or reimbursement.
Section 8-11-200. Reimbursement of travel expenses to persons interviewing for state employment.
Section 8-11-210. Declaration of purpose.
Section 8-11-220. Definitions.
Section 8-11-240. Board approval of policies and programs.
Section 8-11-250. Creation, membership, and duties of Advisory Council.
Section 8-11-260. Exemptions from application of article.
Section 8-11-270. Exemptions from classification and compensation plan.
Section 8-11-280. Prior actions remain in effect.
Section 8-11-290. Legislators shall receive information annually.
Section 8-11-610. Manner in which annual leave is computed.
Section 8-11-630. Employment of additional employees to replace those on leave and those terminated.
Section 8-11-640. Credit for prior State service; transfer from one agency to another.
Section 8-11-650. Workweek upon which leave is based.
Section 8-11-660. Situation in which leave may not be credited.
Section 8-11-670. Additional leave may be granted in case of emergency or extreme hardship.
Section 8-11-680. Application of article.
Section 8-11-700. Definitions.
Section 8-11-710. Request for leave from pool leave account.
Section 8-11-720. Selection of leave recipients.
Section 8-11-730. Transfer from annual or sick leave account to pool account.
Section 8-11-750. Termination of personal emergency.
Section 8-11-910. Legislative intent.
Section 8-11-920. Definitions.
Section 8-11-940. Performance increases.
Section 8-11-945. Increases applicable to certain health care providers.
Section 8-11-950. Bonus payments.
Section 8-11-960. Increases totalling more than agency maximum; audits.