§ 35.24 DISABILITY LEAVE POLICY AND PAY.
   (A)   For the purposes of interpreting and construing the disability leave policy, the following definitions and rules of construction shall be used.
      DISABILITY. Physical or mental disability of eligible full-time employees or appointed officers to perform the duties of his or her position or any other position within the city due to injury or occupational disease incurred in the course of employment by the city.
      TEMPORARY DISABILITY BENEFITS. The disability indemnity payable as wages to an eligible employee or appointed officer under the provisions of the Workmen’s Compensation Act, IMRF, or Police Pension Insurance.
   (B)   Eligible employees and appointed officers shall be granted disability leave for a period not to exceed 26 weeks for an occupational injury or occupational disease. Disability pay shall be paid during disability leave. Disability pay shall be the difference between the amounts paid under workmen’s compensation, IMRF and/or Police Pension disability, and short term disability insurance provided by the city’s insurance plan provided to the employee and the amount of the employee’s full gross salary or wages. No employee will be allowed to collect more than 100% of his or her normal gross pay.
   (C)   For the city’s share of disability pay, the employee shall be required to first use his or her sick days to make up the difference between workmen’s compensation, IMRF and/or Police Pension disability, and the short term disability plan provided by the city’s insurance program.
   (D)   Disability shall be paid from the first day of disability provided that disability shall be paid only if the following conditions are met.
      (1)   A claim for temporary disability has been allowed without a penalty for failure to use a safety device, failure to follow a safety rule, and the employee was not injured due to the employee’s own intoxication.
      (2)   The disability continues for three calendar days.
   (E)   If the disability extends to the date of mandatory retirement of an eligible employee or appointed officer, such date shall terminate the disability leave with pay.
   (F)   Present eligible employees or appointed officers, who, as of the effective date of this subchapter, are receiving temporary disability benefits, shall be eligible for disability leave beginning on the effective date of this subchapter, provided that temporary disability benefits shall be deposited to the credit of the city.
   (G)   Notwithstanding any of the foregoing to the contrary, this disability leave policy shall in no way alter, amend or change any definition, rule or regulation under the Illinois Worker’s Compensation Act, IMRF or Police Pension Insurance.
(Ord. 1254, passed 7-19-06; Am. Ord. 1348, passed 8-20-08; Am. Ord. 1358, passed 12-3-08; Am. Ord. 1410, passed 6-12-10; Am. Ord. 1456, passed 10-19-11; Am. Ord. 1465, passed 1-18-12)