A. Workers' Compensation. Employees injured on the job or suffering from occupational diseases, as defined in the New Mexico Workers' Compensation Statute, shall receive workers' compensation benefits as prescribed by law. An employee may elect to continue group health coverage, with the employee and the employer paying their respective share of the premium, during an unpaid leave of absence for which workers' compensation is being paid for up to a period of twelve weeks, provided however, all other eligibility requirements must continue to be met for the period of continuation of coverage.
B. Reporting Procedure. Any employee claiming to be entitled to compensation shall give notice in writing to the employee's supervisor of the accident within fifteen days after the employee knew, or should have known, of its occurrence, unless, by reason of his injury or some other cause beyond his control, the employee is prevented from giving notice within that time, in which case he shall give notice as soon as may reasonably be done and at all events not later than sixty days after the occurrence of the accident. No written notice is required to be given where a department head or supervisor or other agent in charge of the work in connection with the accident had actual knowledge of its occurrence.
C. Medical Procedure. An employee, who incurs a job-related injury/illness, should see the health care provider of his choice. The city may require the injured employee to seek consultation or treatment with another health care provider at a later time in accordance with the Worker's Compensation Act.
D. Return to Work. An employee must return to his former position or be reassigned to a comparable position if the employee's physician certifies that the employee can return to work within three months of the injury. If an employee is unable to perform the essential functions of his job with reasonable accommodations at the end of three months, the employee may be dismissed within the guidelines of the law.
E. Modified Work Schedule.
1. An employee returning from workers' compensation disability may return to light duty if an appropriate position is available and the employee's physician certifies that the employee can return to a modified work schedule.
2. "Light duty" is defined either as performing the same job as the employee held before the injury, or as performing the duties of another position for which the employee is qualified, for fewer than eight hours each day or having reduced physical requirements for the full day or less than the full day.
3. The times and conditions of light duty shall be determined by the employee's department head in conjunction with the city manager. All light duty assignments are temporary and shall not exceed three months.
F. Reemployment of City Employees Injured on the Job. A classified full-time or part-time employee, who has received benefits pursuant to the Worker's Compensation Act and who was unable to return to work during the twelve-week period during which the city held the employee's position open, may apply for his preinjury job, a modified job similar to the preinjury job, or any job that pays less than the preinjury job, provided that the employee is qualified for this job and the city is hiring. The city shall rehire the classified full-time or part-time employee provided that the employee's treating health care provider certifies that the employee is fit to carry out the job without significant risk of injury. (Ord. 435 § 10.9, 2001)