(a) Any classified civil service employee who suffers injury or illness as a result of service-connected accident or illness shall be granted, upon proper investigation and authentication, leave equal to full pay for a period up to twelve (12) months for each incident. At the end of the first thirty (30) days and again following each thirty-day period thereafter, the director may require the employee to be examined by competent medical authority to determine the employee's entitlement to full disability leave.
(b) As soon as possible after a service-related injury or illness, but no later than ninety-six (96) hours after the occurrence, the employee, through his supervisor, shall submit the disability leave request and light-duty/substitute work form to the director. Failure to submit the appropriate paperwork will void an employee's eligibility for disability leave except in unusual or exceptional circumstances where an injury or illness is not immediately apparent, but one is subsequently substantiated by appropriate medical authority and documentation submitted to the director within one (1) calendar month of the work-related incident. An employee's immediate supervisor or a supervisor designated by the division director shall submit the paperwork in the event that the employee is incapacitated. The employee may be placed on accumulated sick leave or vacation leave until a determination is made by the director that the injury or illness is service-connected and a determination of disability is made by competent medical authority. Once such determinations are made, sick days and vacation days shall be restored and the employee placed on workers' compensation and disability leave. If the employee has insufficient sick leave or vacation leave accumulated, he may be placed on workers' compensation and disability leave immediately upon injury or illness. Time spent on workers' compensation or disability leave status over ninety (90) consecutive calendar days shall not be included in computing months of service under sections 21-33 and 21-34, and neither sick leave nor vacation leave may be accumulated during absence from duty in excess of ninety (90) consecutive calendar days.
(c) The disability leave payable under the foregoing sections shall be supplementary to any workers' compensation income benefits to which the employee is eligible. In the event that any supplemental payment is made under the foregoing sections and a subsequent workers' compensation income benefit is paid to the employee for the period for which payment under this chapter has been made, the employee shall refund to the urban county government an amount equal to any workers' compensation income benefits received for a period for which the salary of the subject employee has been paid by the urban county government under the foregoing provisions. In no case shall payments under this section exceed the difference between the employee's workers' compensation benefits and his average weekly earnings as, defined in KRS 342.140.
(d) Upon a determination of permanent disability by competent medical authority, the employee will be instructed to apply to the appropriate pension fund for disability retirement benefits. Failure to so apply or commencement of disability retirement benefits will terminate disability leave short of the twelve (12) months. Disability leave shall also be terminated early if such medical authority determines that the employee is able to return to duty and perform the same or substitute work at the same salary.
(e) Disability leave shall terminate at the end of the twelve-month period. If the employee is not then, in the opinion of competent medical authority, able to return to duty, he shall receive a lump sum payment for accrued vacation leave as provided by section 21-33. An employee placed on disability retirement may elect to supplement his disability retirement as provided in section 21-36, but in no case shall the total weekly income from the pension and sick leave exceed his average weekly wage as defined in KRS 342.140. On the recommendation of the chief administrative officer, with approval of the urban county council, an employee who fails to qualify for disability retirement at the end of twelve (12) months may be continued on disability leave; but no payment for accrued vacation leave or sick days shall be made until termination of disability leave benefits.
(Ord. No. 139-78, § 1(21-39), 6-29-78; Ord. No. 63-91, § 1, 4-4-91; Ord. No. 78-91, § 1, 4-18-91; Ord. No. 249-91, § 1, 12-5-91; Ord. No. 199-92, § 1, 11-12-92; Ord. No. 70-2006, §§ 3—6, 3-23-06; Ord. No. 131-2012, § 1, 10-25-12; Ord. No. 059-2022 , § 32, 7-5-2022)