(A) Any employee of the city who sustains an injury which is compensable under the Workers Compensation Law and who is entitled to receive compensation benefits either by agreement of award shall, in addition to workers compensation benefits, receive supplemental pay benefits from the city so that combined worker compensation, wages, and supplemental pay benefits shall equal 80% of regular gross salary if the employee is covered under Social Security, and 87% if the employee is not covered under Social Security. Regular gross salary means gross wages as shown in the salary and wage schedules in the city and the school department compensation plans. The Human Resources Department shall make such adjustments as are necessary to ensure that employees will actually receive the supplemental pay benefit provided above.
(B) Pending determination of workers compensation eligibility, the employee may receive sick leave benefits. On a determination that the employee is eligible for workers compensation benefits, the employee shall repay to the city all sick leave benefits the employee has received. Upon repayment sick leave credit shall be restored.
(C) To the extent authorized by law, the city, during the period the employee is receiving supplemental pay benefits, shall continue to contribute to the employee's retirement system on the employees' regular gross salary provided the employee maintains his contributions to the system.
(D) Disabled employees may authorize deductions first from this supplemental portion of his pay and then from his workers compensation disability payments for medical insurance, credit union payments, bonds or savings plans, retirement, and United Fund contributions, or other authorized deductions, upon approved forms.
(E) In cases of third party liability the city shall be entitled to the same lien and rights with respect to supplemental pay as are afforded employers under the Workers Compensation Law. As a condition to receiving supplemental pay benefits, the employee shall execute a written assignment of such lien and rights to the city in such form as is required by the Risk Manager. The Risk Manager is authorized to make third party lien settlements on behalf of the city and the employee with respect to supplemental pay benefits, provided however, that a full report shall be made to the Aldermanic Human Resources/Insurance Committee.
(F) It shall be the duty of each department head to monitor the payment of supplemental pay benefits to employees within his department. On recommendation of the department head, the Risk Manager may require employees receiving supplemental pay benefits to be examined by a physician or physician chosen by the city at the city's expense at intervals not more frequent than the requirements set forth in R.S.A. 281-A:38.
(G) In no event shall this section provide more than 52 weeks of supplemental pay benefits for the injury or any recurrence thereof. Employees unable to resume normal work duties after one year shall be examined by a physician or physicians chosen by the city at the city's expense. If on such examination the employee is found to be unable to fulfill the requirements of his/her normal work duties, such employee shall be terminated.
(H) Any employee so terminated shall be entitled to a hearing before the Aldermanic Human Resources/Insurance Committee. Requests by employees for a hearing must be submitted to the Committee no later than 15 calendar days after the receipt of notification of termination. The Aldermanic Human Resources/Insurance Committee shall hold a hearing within 30 calendar days of the receipt of the request.
(I) If the employee prevails in the hearing before the Aldermanic Human Resources/ Insurance Committee, employment will not be terminated but in no event shall the supplemental pay benefits exceed the maximum of 52 weeks of cumulative benefits. The determination of the Aldermanic Human Resources/Insurance Committee is subject to review by that Committee each 30 calendar days. The decision of the Aldermanic Human Resources/Insurance Committee shall be final.
('71 Code, § 18-47) (Ord. passed 7-6-82; Am. Ord. passed 11-7-90; Am. Ord. passed 6-28-94; Am. Ord. passed 7-5-94; Am. Ord. passed 5-20-08; Am. Ord. passed 4-2-19)