§ 37.35  INJURY LEAVE.
   (A)   Policy.  The City of Tipp City covers all employees by the Ohio Bureau of Workers' Compensation (OBWC) in the case of work-related injuries or illnesses due to non-negligence on behalf of the employee. All employees filling public service requirements when assigned to duty, are covered by all workers' compensation benefits. State workers' compensation rates are determined by events and use. It is every employee's responsibility to help reduce costs by complying with the following procedures. FMLA leave will run concurrent with the time off due to injury if applicable.
      (1)   Injury leave.  To keep city workers' compensation costs down, the city provides full pay and benefits to regular full-time and permanent part-time employees for each work related-connected injury for a period of 13 weeks and fully implements a work continuation or transitional work program. Injury leave (or wage continuation) pay rates are set as that amount the injured employee typically earns, or would have earned if not injured. Injury leave cannot assume any overtime when computing pay rates.
   (B)   Procedures.
      (1)   Report of injury.  In all cases of personal injury to an employee as a result of the performance of employment duties, the employee shall complete an injury form, and notify his/her supervisor immediately.
      (2)   Medical attention.  Medical attention is not required to file an OBWC claim. A worker has two years from the date of injury to file a claim with OBWC. When in doubt, seek medical attention for injuries.
      (3)   Injury leave begins.  If the injury is work related, leave begins the day of the incident. The employee must contact the Finance Department to receive payment. In addition, the employee annotates the time sheet with injury leave for the period.
      (4)   Benefits and extensions. All normal employee benefits remain intact with no deductions to earned sick leave and vacation time unless otherwise stated elsewhere in the personnel manual or this chapter. The City Manager may extend the leave up to 13 additional weeks with proper certification from a medical provider. If the OBWC determines the injury is not employment related at any time during the process, the employee's time off to date will be deducted from sick leave or other earned leave.
      (5)   Work continuation/transitional work. Based on physician's analysis and approval, supervisor recommendation, and an analysis of job requirements, an employee may return to work to perform transitional duties during his/her recovery process.
      (6)   Use of sick leave prior to receiving workers' compensation.  An injured employee may elect to use accrued sick leave prior to receiving payments from OBWC.  If the claim is approved by OBWC, the employee shall reimburse the city the difference between the sick leave pay and OBWC payments.
      (7)   Use of sick leave pay and workers' compensation pay. Employees collecting workers’ compensation may also collect paid sick leave. The sick leave pay shall be offset by deducting the pay collected from workers’ compensation. When the employee exhausts all of their sick leave, they shall only collect the benefit granted by OBWC.
      (8)   Drug testing.  The city may require an employee to submit to a drug test for any injury that occurred while on duty.
(1974 Code, § 37.35)  (Ord. 12-94, passed 5-16-1994; Am. Ord. 07-02, passed 3-4-2002; Am. Ord. 40-15, passed 10-5-2015)