(a) Employees other than uniformed officers. Except for uniformed officers, whenever an employee sustains an accidental injury arising out of and during the course of the employee's employment with the County that is compensable under the State Workers' Compensation Law, and the employee files a claim with the State Workers' Compensation Commission, during the period the employee is unable to work, the employee may elect to:
(1) use earned annual leave, during which period the employee is entitled to regular salary plus the amount awarded as temporary total disability payments under the State Workers' Compensation Law;
(2) use earned disability leave at the rate of one-half day for each regular work day missed, during which period the employee is entitled to regular salary, if any amount awarded as temporary total disability payments under the State Workers' Compensation Law is endorsed by the employee over to the County; or
(3) go on leave without pay during which period the employee is entitled to the amount awarded as temporary total disability payments under the State Workers' Compensation Law.
(b) Exhaustion of annual or disability leave. If the employee initially elected to use annual leave or disability leave and leave is exhausted before the employee is able to return to work, on request to the Personnel Officer the employee shall be granted leave without pay for the duration of the period of temporary total disability.
(c) Pay. On application of the appointing authority and the Personnel Officer, the Chief Administrative Officer may authorize the payment of an employee's full regular pay during the period of temporary total disability or any part of the period where the nature of the circumstances warrant and the payment is in the best interest of the County.
(d) Third-party negligence awards. Whenever an employee sustains a compensable injury due to the negligence of a third party who is not a County employee and against whom a claim, demand, or suit is filed by the injured employee, the County is entitled to reimbursement for regular compensation paid the employee in excess of the compensation award for temporary total disability out of any settlement or judgment obtained by the employee against the third person.
(1985 Code, Art. 8, § 1-308) (Bill No. 13-89; Bill No. 23-04)