Assault leave is available to any employee physically injured by an assault during the performance of regular school duties. An assault requires that the student (or other) acted recklessly in causing the injury but does not require that the student consciously intended to hurt the educator. This generally means that the student knew but consciously disregarded the likelihood that their actions could cause injury. However, if a student’s age or disability made them incapable of understanding that they could injure the employee, the law provides that the injured educator may still be eligible for assault leave.
An employee on assault leave is entitled to full pay between both assault leave and workers’ compensation benefits. The employee’s total benefits may not be more than 100% of the regular rate of pay. Absences are not deducted from personal or sick leave.
This type of leave may be taken for as long as is necessary to recuperate from physical injuries (up to two calendar years from date of assault). Assault leave is not available for psychological or emotional injuries. Employees must report all injuries promptly.