(a) Injured on-Duty Leave.
(1) As used in this subsection, "injury-on-duty" means any physical damage or illness which occurs as a result of an employee's discharge of his or her duty.
(2) All full-time employees injured or incapacitated as provided herein shall be entitled to a leave of absence with pay, subject to the following conditions:
A. If the employee is absent from work for more than seven consecutive days, he or she shall file for workers' compensation.
B. Compensation for the first twelve weeks received by the employee from the Ohio Bureau of Workers' Compensation as a reimbursement for wages for a period the employee was carried on injured-on-duty status shall be paid over to the Village. After twelve weeks, the employee shall continue to collect workers' compensation and the Village shall pay the difference between the employee's salary and the workers' compensation.
C. The employee shall be compensated until eligible for a disability pension or for a maximum of two years, whichever is the lesser.
(3) All part-time employees injured or incapacitated as provided herein shall be entitled to a leave of absence with pay, subject to the following conditions:
A. If the employee is absent from work for more than seven consecutive days, he or she shall file for workers' compensation.
B. An injured part-time employee's compensation shall be based upon the Workers' Compensation Law of the State.
C. The injured part-time employee shall be paid as soon as possible by the Village according to the Workers' Compensation Law.
D. All compensation received by the part-time employee from the Bureau of Workers' Compensation, for wages for the period the employee was carried on injured-on-duty status, shall be paid over to the Village.
(4) There is hereby established an Injured-On-Duty Review Board consisting of one member of the Police Department, one member of the Fire Department, one member of the Road Department (Road Crew), selected by the respective Department Heads, and four members of Council elected by Council.
(5) If written objections are filed with the Mayor by any department member or member of Council concerning an employee's eligibility for payment under this section, a hearing shall be conducted by the Injured-On-Duty-Review-Board to hear such objections. The party whose eligibility is in question may call witnesses to testify on his or her behalf and the Board may call witnesses to testify if desired. The employee and /or the Board may call expert witnesses to testify if they so desire.
(Ord. 84-6-2. Passed 6-5-84.)
(b) Sick Leave Credits.
(1) Sick leave credits of an employee who is injured during the performance of his or her duties within the scope of his or her employment shall not be reduced for any period of time that he or she is absent from work because of such service connected injury. The term "injury" means physical damage resulting from an accident and also includes heart attacks or failures, strokes or physical or mental illnesses or diseases if the employee furnishes a certificate from a physician that such injury is service connected.
(2) In the event of a dispute as to whether an injury is service connected within the meaning of this section, such dispute shall be submitted to a Board of Appeals consisting of the Mayor and two members of Council to be selected by Council. If the injured person is a member of the Fire Department, such Board shall be increased to include two firefighters to be selected by the members of the Fire Department. If the injured person is a member of the Police Department, such Board shall be increased to include two policemen to be selected by the members of the Police Department. The decision of said Board shall be final and conclusive.
(3) In the event that one or both of the Fire Department or Police Department representatives are unable to serve on such Board, Council shall then fill such vacancy by selecting one or two additional Council members.
(Ord. 79-4-5. Passed 4-10-79.)