Opn. No.

Alex T. LaBrecque, Esq. Assistant County Attorney, Chemung County

You ask whether an employee of a county may simultaneously receive both disability benefits under the Workers' Compensation Law and sick leave benefits provided by the county or may elect to receive only disability benefits although eligible for sick leave benefits.

A county may elect to provide disability benefits to its employees by voluntarily becoming a covered employer subject to the terms of the Disability Benefits Law (Workers' Compensation Law, § 212). Under that law no employee is entitled to disability benefits for any…