(a) Any City officer or employee whose pay is fixed on a biweekly basis and who is not presently covered by a collective bargaining agreement with AFSCME Local No. 1519, IAFF Local No. 327 or F.O.P. Ohio Labor Council, Inc., who is unable to perform the substantial and material duties of his or her position of employment as a result of a job-related disability condition or injury may be entitled to a leave of absence at his or her regular rate of pay for the duration of the period during which he or she is medically certified as being unable to perform such duties up to a total period not to exceed twelve (12) months for each disability or for each series of related disabilities. Each circumstance will be reviewed on a case by case basis. The City shall consider all relevant factors in determining whether an employee is entitled to such leave, including but not limited to, the type of workers compensation benefits the employee is receiving, the availability of paid leave, the City’s need to fill the position and other operational issues and the availability of wage continuation as it relates to the workers compensation benefits;
(b) During any such period of disability leave, the City, in addition to paying the employee’s regular salary, shall make payment into any and all insurance and/or pension plans as required by these Codified Ordinances and/or by the laws of the State or any amendment thereto or successor thereof, as a part of the relationship between the City and the employee;
(c) During any such period of disability leave, the employee shall continue to earn seniority, pension credit, sick leave or sick leave credit, and vacation time;
(d) The City shall have the right to require an examination of an employee who is on disability leave or who has applied for the same by a physician of the City’s choice, and the City may disapprove paid leave and/or require that the employee return to work at any time from disability status. If a physician of the employee disagrees with a physician selected by the City, the employee shall be examined by a third physician selected jointly by the employee and the City, and the opinion of this physician shall be used to determine the employee’s eligibility for medical leave under this section. This examination shall be conducted at the City’s expense;
(e) An employee injured off-duty may be assigned, and an employee injured on duty shall be assigned, to less strenuous duties, if available, when recommended and verified in writing by a licensed physician, dentist or chiropractor, provided that the employee is able to perform the same. Possible light duty situations shall be viewed on a case by case basis. Such assignments shall be made for periods not to exceed twelve months if it is an on-duty injury, or three months if it is an off-duty injury or illness, and shall be based upon the operational needs and requirements of the City as determined by the City and shall be made only with in the division or department of the City of such employee’s normal service. Light duty may be extended at the sole discretion of the City. Any employee so assigned shall receive compensation and benefits commensurate with those of his or her normal assigned position. When reasonable cause exists to question the employee’s need and/or ability to perform light duty, the City may require that an employee undergo an examination to be conducted by a licensed physician mutually agreed upon by the City and the employee to determine such employee’s mental or physical capacity to perform such duties with the cost of such examination to be shared equally by the employee and the City. The employee and the City shall be bound by the decision and recommendation of such physician, and the employee shall continue to perform his or her duties then assigned until the final determination by the physician. (Ord. 22-110. Passed 6-13-22.)