(a) Eligibility. All employees of the City shall be entitled to injury leave with pay for a period of up to ninety calendar days after the date of the injury giving rise to such leave. To be eligible for such injury leave, the injury shall have occurred while the employee was on duty and acting in the line of duty for the City and shall result in a disability preventing performance of duty. No injury leave shall be granted except upon application by the eligible employee, or someone acting upon such employee’s behalf when the injury prevents personal application, with such application to be accompanied by the supporting statement of a licensed doctor setting forth the nature of the injury. Once an employee has been cleared by a physician to return to duty, an aggravation or re-injury which occurs while the employee is on duty and acting non-negligently in the line of duty, shall constitute a separate incident for the purpose of this section. Such described injury shall warrant duty injury leave as described above.
Should an employee who has been cleared by a physician to return to duty and is returned, claim an aggravation or re-injury which occurs while the employee is on duty and acting non- negligently in the line of duty, that shall constitute a separate incident for the purpose of this section and shall be submitted for consideration under the provisions of this section.
(b) Application/Process. Recognizing the issuance of temporary total disability benefits by the Bureau of Workers’ Compensation for periods of time covered by duty injury leave serves only to increase the expense to the City without providing any additional benefit to the employee, the parties agree that the City may elect to inform the Bureau of Workers’ Compensation that an employee will receive full pay while on duty injury leave, so that temporary total disability benefits will not be issued for that period of time.
To receive duty injury leave, employees must provide their supervisor with an application, which must include supporting documentation from a licensed physician, and the City must approve the application. The supporting documentation must describe the nature of the injujry, the extent of the disability, and the estimated return to work date. Before approving an application, the City may require a separate medical examination by a licensed physician selected by the City and at the City’s expense.
Employees must concurrently file a claim for Workers’ Compensation. The City will notify the Bureau of Workers’ Compensation that it is paying an employee Duty Injury Leave pay. An employee may not simultaneously receive Duty Injury Leave pay and temporary total disability benefits from the Bureau of Workers’ Compensation. If the claim is finally rejected by the Bureau of Workers’ Compensation, Industrial Commission or court, any duty injury time shall revert to sick leave or leave without pay. If the claim is ultimately allowed, and the City previously denied Duty Injury Leave on the ground that the injury and illness did not occur in the line of duty as a City employee, the City shall grant Duty Injury Leave provided the illness or injury also resulted in an inability to perform assigned duties.
If the City grants Duty Injury Leave, the City shall inform the Bureau of Workers’ Compensation that the employee will receive full pay while on Duty Injury Leave, so that temporary total disability benefits will not be issued for that period of time. If temporary total disability benefits are issued for a period of time during which the employee receives Duty Injury Leave, the employee shall sign over the BWC check to the City Auditor.
An injured employee may, at the City’s option, perform limited duty within the employee’s medical restrictions. If such duty is available, the employee may be assigned such duty and Duty Injury Leave will be denied.
(c) Processing. The City has no control over the Bureau of Workers’ Compensation and cannot be responsible for the length of time it takes the Bureau of Workers’ Compensation to process a claim and issue benefits.
(d) Extension. If the employee is not able to return to work at the end of ninety days, such duty injury leave may be extended an additional thirty days, by resolution of Council, subject, however, to the same terms and conditions of eligibility as hereinabove set forth. Injured employees seeking an extension under this provision are encouraged to make the request/provide medical evidence no less than 20 days prior to the end of the ninety day period.
(e) Verification. For an absence to be considered due to a duty injury, each absence must be verified by satisfactory medical evidence. This applies to initial claims and reactivated prior claims.
(f) Notice to City. As a condition of duty injury pay, all forms associated with duty injury (initial or reactivated) must be filed through the City or a copy of such form must be filed with the City at the same time the forms are filed with the Bureau of Workers’ Compensation. To assure prompt consideration of a duty injury claim, at the time of termination due to death, retirement under the applicable State Pension Law with an immediate pension, or job abolishment, the employee shall promptly file all duty injury forms with the City and, to the extent possible, the City will assist in the expediting of claims.
(Ord. 47-15. Passed 12-21-15.)