(a) In the event of an occupational injury, exceeding 7 working days, or in the case of a shift employee in the Department of Fire, exceeding 3 tours of duty or 3 regular 24-hour scheduled shifts, and incurred as a direct result of performing an assigned duty or sworn function within the scope of the employee's job duties and authority, said employee shall be entitled to on-duty injury leave in an amount not to exceed 120 consecutive work days, or in the case of a shift employee in the Department of Fire, shall be entitled to on-duty injury leave in an amount not to exceed 53 24-hour shifts.
(b) To apply for or receive any benefits under this section, the employee shall first make application for workers' compensation benefits and complete a reimbursement agreement. Written application shall then be made to the employer and shall be accompanied by the reimbursement agreement and a certificate from a licensed physician stating that the employee is unable to work and that such disability is the result of the exercise of his or her duties as an employee.
(c) Upon receipt of the employee's application and required documentation and certification, the employer shall place the employee on injury leave and may require an examination by a licensed physician of the employer's choice.
(1) Once injury leave is approved by the employer, injury leave shall be granted from the first day of the injury and shall continue during the time said employee is receiving payment for lost wages through workers' compensation, not to exceed the 120/53-work day maximum, as applicable.
(2) Once workers' compensation begins making payments to the employee for lost wages, the employee shall submit such payments to the City for the period during which the employee received full pay.
(d) In the event an employee's claim for lost wages is disallowed by the Bureau of Workers' Compensation or the Industrial Commission of Ohio, the employee shall be charged for all time lost from work, first against sick leave, then against vacation leave and any other accrued compensable leave time. If the employee does not have enough compensable leave to cover all time off, the employee shall be responsible to repay the difference to the employer.
(Ord. 128-94. Passed 10-24-94; Ord. 113-03. Passed 7-14-03.)