(a) When an employee is injured while working for the employer, necessitating his or her absence from work for more than three work days, he or she shall be eligible for a paid leave not to exceed 90 calendar days, providing he or she files for Workers' Compensation and signs a waiver assigning to the employer those sums of money he or she would ordinarily receive as his or her weekly compensation as determined by law for those number of weeks he or she receives benefits under this section. If the event Workers' Compensation pays benefits to the employee and/or employer, the employee's sick leave for the first three days shall be restored to the amount of compensation paid those days.
(b) If at the end of this 90-day period, the employee is still disabled, the leave may, at the Mayor's sole discretion, be extended for additional 90 calendar day periods, or parts thereof.
(c) The employer shall have the right to require the employee to have a physical exam by a physician appointed and paid by the employer resulting in the physician's certification that the employee is unable to work due to the injury as a condition precedent to the employee receiving any benefits under this section. The designated physician's opinion shall govern whether the employee is actually disabled or not, but shall not govern whether the employer shall extend the period of leave.
(d) In the event the employer grants injury leave and the employee’s Workers’ Compensation claim is ultimately denied on the substantive merits of a claim after all administrative appeals through the Bureau and/or Ohio Industrial Commission, or after the employee’s failure to timely appeal through the administrative process, the employee shall reimburse the employer all sums advanced. Reimbursement shall first be charged to accrued but unused sick leave, if available. If further reimbursement is necessary, the employee shall forfeit his or her vacation leave and/or reimburse the employer through payroll deductions in the amount mutually agreeable between the City and the employee.
(Ord. 2002-5. Passed 2-12-02.)