(a) In the event a full-time employee suffers a service-connected injury while in active duty, and for which the employee would be entitled to receive temporary total disability from the Bureau of Workers' Compensation, the employee shall receive his full pay for up to ninety (90) calendar days. The injury benefit may be extended at the sole discretion of the employer. The employee will file an allowance/medical benefits only application. If the worker's compensation claim is disallowed by reason of not being work related by the Bureau of Workers' Compensation and/or the Ohio Industrial Commission, then either the Employer is entitled to reimbursement by the employee, which employee may make by cash or paid leave, at the election of the employee. Denials of extended injury leave time (after ninety (90) calendar days) shall not be grievable.
(b) The time a full-time employee is required to be absent from active duty due to a work incurred injury shall not be deducted shall not be deducted from his or her sick leave unless the claim is disallowed. If the application for benefits is approved by the Bureau of Workers' Compensation, the dollar amount of worker's compensation benefits received during such period of disability in compensation for lost wages shall be turned over to the employer as a reimbursement.
(c) This chapter shall only apply if the employee continues to participate in the State of Ohio Workers Compensation Fund. During the time an employee is on injury leave, such employee shall not file for temporary total benefits or wage loss benefits under the worker's compensation laws.
(d) At any time, the employer shall have the right to require the employee to have a physical exam by a physician to determine that the employee is unable to work due to the injury as a condition precedent to the employee receiving any benefits under this article. The designated physician's opinion shall govern whether the employee is actually disabled or not, but shall not govern whether the injury was duty related.
(e) Any employee on injury leave shall not earn sick leave during the leave period. However, an employee shall continue to earn seniority, provided the duration of the injury leave is less than one year. (Ord. 2021-015. Passed 9-23-21.)