(a) This section outlines the conditions under which Occupational Injury (OI) leave may be granted by the Employer and the procedures for administering its use. Initially OI leave shall not be available until after a disability has extended beyond five (5) work days. The first five (5) days of absence shall be charged to sick leave.
(b) Any Employee who becomes unable to perform duties as assigned by the Employer due to a physical injury or illness suffered in the discharge or performance of his/her official duties, with the exception of gross negligence or intentional self-injury, shall be placed on OI leave after the five (5) work days discussed in (a) of this Section. The Employee will continue to receive his regular straight time daily rate of pay (the base rate of pay) less the amount of any compensation received by the Employee from any other governmental unit or agency due to said injury or illness during such period of injury or illness. The pay received by the Employee from the Employer under this Section constitutes an advancement of workers' compensation, not salary or wages. However, an Employee on leave under this Section is considered in active pay status as defined in Section 151.08(g). OI leave will continue for a period not to exceed ninety (90) calendar days, without using any accumulated leave. The Employer, based solely upon specific medical evidence for each individual case, may extend an OI leave for whatever time necessary.
(c) The Employee must cooperate in filing a claim for Workers' Compensation in order to be eligible for OI leave payments. In the event the claim is denied by Workers' Compensation, the Employee shall revert to sick leave status, and shall be charged with sick leave, compensatory time, and/or vacation leave for all OI leave time paid by the Employer, unless the Employee appeals the claim under the following conditions: The Employee may take his or her claim of occupational injury to any physician within the Village health insurance network, who is not the Employee's personal physician. The physician then will make a determination as to whether the Employee has actually sustained a work-related injury or illness. The physician's determination is controlling as to whether such time will be considered OI leave time or whether such time will revert to other leave as provided above.
(d) An Employee applying for an OI leave shall authorize the release to the Employer of all medical information, pertinent only to the occupational injury or illness, possessed by the Employee's treating physician(s) and treatment facility(ies), if so requested by the Employer or his designee. In addition, the Employer has the right to review the Employee's physical and mental status each thirty (30) days of absence in order to determine the Employee's ability to return to work. Such examination shall be conducted by a physician appointed by the Employer and at the Employer's expense.
(e) The Employer may assign the Employee to light duty with the approval of, and within the limitation set by, the Employee's treating physician. The Employer will determine if light duty work is available.
(f) The Employer may provide this benefit to the Employee through income protection insurance or by any other means available to the Employer. In the event this benefit is provided through the purchase of income protection insurance, the Employee shall meet all the requirements of such insurance policy to receive OI leave pay. The cost of such insurance shall be at the Employer's expense. Such income protection shall not impact the Employee's (or the Employer's) contributions to OPERS or OP&F retirement systems.
(Ord. 23-17. Passed 11-15-17.)