(a) Purpose. Line of Duty Injury Leave is intended to recognize the unusual exposure to dangerous situations experienced by members of the Service Department.
(b) Definitions.
(1) "Actual discharge of duty" means injuries incurred specifically in the performance of activities unique to duties within the Service Department, such as road and ditch repair and the operation of power equipment.
(2) "Physician" means a Doctor of Medicine (M.D.), a Doctor of Osteopathic Medicine (D.O.), duly licensed to practice medicine in the State of Ohio.
(3) For purposes of this section, "injury" shall mean physical injury and/or disease that results from Service Department functions that present a unique risk of serious physical injury, including road and ditch repair, operation of power equipment that poses a unique danger of injury and other similar dangers.
(Ord. 24-2007. Passed 6-5-07.)
(Ord. 24-2007. Passed 6-5-07.)
(c) Permanent full-time Service Department employees who are injured in the actual discharge of duty, and who, as a result thereof, are physically unable to perform their regularly assigned duties shall receive full pay and benefits for such time as may be equitable, but not to exceed twenty-four (24) work weeks provided that all of the following requirements are met:
(1) A physician provides a written statement certifying that the employee is unable to physically perform his/her assigned duties due to the injury sustained while in the actual discharge of duty as defined in subsection (b)(1), and the employee provides the physician's statement to the Service Director;
(2) The Service Director recommends the approval of the requested injury leave to the Mayor; and
(3) The Mayor approves the requested injury leave.
Approved injury leave shall not be charged against use of sick leave. However, a deduction may be made to the extent of any payments received under the Worker's Compensation Act. Employees shall not be eligible to receive Worker's Compensation temporary total disability benefits for the duration of this paid leave without prior approval of the Village.
(Ord. 30-2013. Passed 6-18-13.)
(d) The Service Director or Mayor may require the employee requesting or receiving such leave to submit to a medical examination by a physician appointed by the Village.
(e) Employees will not be entitled to this pay in the event:
(1) The employee is able to return to work with restrictions;
(2) A job with those restrictions is available; and
(3) The employee refuses the light duty job.
(Ord. 24-2007. Passed 6-5-07.)