Common use of Assault Leave Clause in Contracts

Assault Leave. Since BWC compensable assaults are work-related, Salary Continuation shall be provided as noted above as and for the assault leave. An assault is defined as a criminally punishable act by a pupil against an employee of the District causing a BWC compensable injury. This section describes additional requirements for the granting of Salary Continuation in assault situations. In the case of such assaults, the employee must do all of the following to remain eligible for Salary Continuation: • Furnish to the Risk Manager a signed statement describing in detail all of the facts and circumstances surrounding the assault, including, but not limited to, the location, the time, the identity of the assailant(s), if known, and the identity of all witnesses within five (5) days of the incident. The employee must also submit written verification signed by the attending physician that the employee is disabled from performing normal duties, indicating the nature of the disability and probable duration as well as a statement of the employee's ability to participate in transitional or alternate duties designed to return the employee back to work. • Cooperate fully with the Risk Manager and other public authorities in the prosecution of the assailant(s). In the event the employee requires representation by an attorney in the criminal prosecution of the assailant(s), the Board will provide an attorney to represent the employee in such matters. • File a workers' compensation claim to be eligible for Salary Continuation which, if granted, will replace BWC payments that would otherwise be made during the period of Salary Continuation. There is no loss of seniority while on Salary Continuation and all insurances shall remain in effect. In the case of dispute as whether the employee initiated the assault, the determination by the BWC, the Industrial Commission, or a court of competent jurisdiction shall be controlling. If it is determined that Salary Continuation should not have been paid, the employee will be liable for a return of those funds, by payroll deduction or otherwise, at the discretion of the employer. Salary Continuation for assaults shall not be charged to sick leave.

Assault Leave. Since BWC compensable assaults are work-related, Salary Continuation salary continuation shall be provided as noted above as and for the assault leave. An assault is defined as a criminally punishable act by a pupil against an employee of the District causing a BWC compensable injury. This section describes additional requirements for the granting of Salary Continuation salary continuation in assault situations. In the case of such assaults, the employee must do all of the following to remain eligible for Salary Continuationsalary continuation: • Furnish to the Risk Manager Employer a signed statement describing in detail all of the facts and circumstances surrounding the assault, including, but not limited to, the location, the time, the identity of the assailant(s), if known, and the identity of all witnesses within five (5) days of the incidentwitnesses. The employee must also submit written verification signed by the attending physician that the employee is disabled from performing normal duties, indicating the nature of the disability and probable duration as well as a statement of the employee's ability to participate in transitional or alternate duties designed to return the employee back to work. • Cooperate fully with the Risk Manager Employer and other public authorities in the prosecution of the assailant(s). In the event the employee requires representation by an attorney in the criminal prosecution of the assailant(s), the Board will provide an attorney to represent the employee in such matters. • File a workers' compensation claim to be eligible for Salary Continuation salary continuation which, if granted, will replace BWC payments that would otherwise be made during the period of Salary Continuationsalary continuation. There is no loss of seniority while on Salary Continuation salary continuation and all insurances shall remain in effect. In the case of dispute as whether the employee initiated the assault, the determination by the BWC, the Industrial Commission, or a court of competent jurisdiction shall be controlling. If it is determined that Salary Continuation salary continuation should not have been paid, the employee will be liable for a return of those funds, by payroll deduction or otherwise, at the discretion of the employer. Salary Continuation salary continuation for assaults shall not be charged to sick leave.

Assault Leave. Since BWC compensable assaults are work-related, Salary Continuation salary continuation shall be provided as noted above as and for the assault leave. An assault is defined as a criminally punishable act by a pupil against an employee of the District causing a BWC compensable injury. This section describes additional requirements for the granting of Salary Continuation salary continuation in assault situations. In the case of such assaults, the employee must do all of the following to remain eligible for Salary Continuationsalary continuation: • Furnish to the Risk Manager Human Resources a signed statement describing in detail all of the facts and circumstances surrounding the assault, including, but not limited to, the location, the time, the identity of the assailant(s), if known, and the identity of all witnesses within five (5) days of the incidentwitnesses. The employee must also submit written verification signed by the attending physician that the employee is disabled from performing normal duties, indicating the nature of the disability and probable duration as well as a statement of the employee's ability to participate in transitional or alternate duties designed to return the employee back to work. • Cooperate fully with the Risk Manager Human Resources and other public authorities in the prosecution of the assailant(s). In the event the employee requires representation by an attorney in the criminal prosecution of the assailant(s), the Board will provide an attorney to represent the employee in such matters. • File a workers' compensation claim to be eligible for Salary Continuation COP which, if granted, will replace BWC payments that would otherwise be made during the period of Salary Continuationsalary continuation. There is no loss of seniority while on Salary Continuation salary continuation and all insurances shall remain in effect. In the case of dispute as whether the employee initiated the assault, the determination by the BWC, the Industrial Commission, or a court of competent jurisdiction shall be controlling. If it is determined that Salary Continuation salary continuation should not have been paid, the employee will be liable for a return of those funds, by payroll deduction or otherwise, at the discretion of the employer. Salary Continuation continuation for assaults shall not be charged to sick leave.

Assault Leave. Since BWC compensable assaults are work-related, Salary Continuation cap shall be provided as noted above as and for the assault leave. An assault is defined deemed as a criminally punishable act by a pupil against an employee of the District causing a BWC compensable injury. This section describes additional requirements for the granting of Salary Continuation in assault situations. In the case of such assaults, the employee must do de all of the following to remain eligible for Salary Continuationcap: • Furnish to the Risk Manager a signed statement describing in detail all of the facts and circumstances surrounding the assault, including, but not limited to, the location, the time, the identity of the assailant(s), if known, and the identity of all witnesses within five (5) days of the incidentwitnesses. The employee must also submit written verification signed by the attending physician that the employee is disabled from performing normal duties, indicating the nature of the disability and probable duration as well as a statement of the employee's ability to participate in transitional or alternate duties designed to return the employee back to work. • Cooperate fully with the Risk Manager and other public authorities in the prosecution of the assailant(s). In the event the employee requires representation by an attorney in the criminal prosecution of the assailant(s), the Board will provide an attorney to represent the employee in such matters. • File a workers' compensation claim to be eligible for Salary Continuation which, if granted, will replace BWC payments that would otherwise be made during the period of Salary Continuation. There is no loss of seniority while on Salary Continuation cap and all insurances shall remain in effect. In the case of dispute as whether the employee initiated the assault, the determination by the BWC, the Industrial Commission, or a court of competent jurisdiction shall be controlling. If it is determined that Salary Continuation cap should not have been paid, the employee will be liable for a return of those funds, by payroll deduction or otherwise, at the discretion of the employer. Salary Continuation , cap for assaults shall not be charged to sick leave.

Assault Leave. Since BWC compensable assaults are work-related, Salary Continuation shall be provided as noted above as and for the assault leave. An assault Any certificated employee of Southern Local Schools who is defined physically assaulted as a criminally punishable act result of fulfilling his/her professional responsibilities, and is temporarily disabled by any injury resulting from the physical assault, shall remain on the payroll as a pupil against an regular employee and shall receive all benefits as if on sick leave as hereinafter provided. The employee shall furnish to the Superintendent a written signed statement describing the circumstances and events surrounding the physical assault, including the location and time of the District causing physical assault, names and addresses of witnesses (if known), and a BWC compensable injurydescription of the injuries sustained. This section describes additional requirements for the granting of Salary Continuation in assault situations. In the case of such assaultsIf medical attention is required or sought, the employee must do all of the following to remain eligible for Salary Continuation: • Furnish shall also furnish to the Risk Manager Superintendent a signed statement describing in detail all of the facts and circumstances surrounding the assault, including, but not limited to, the location, the time, the identity of the assailant(s), if known, and the identity of all witnesses within five (5) days of the incident. The employee must also submit written verification signed by the attending physician that the employee is disabled from performing normal duties, indicating the nature of the disability and probable its duration as well as which has been signed by a physician. The Board may require a person on assault leave to submit to a physical/mental examination by a physician of the Board's choosing and at the Board's expense to determine the extent and duration of the disability. Should a physician (the individual's or the Board's) refer an employee to a psychiatrist's care, the Board shall take into consideration a written statement of concerning the bargaining unit member's mental/emotional disability. The certificated employee shall apply for Workers Compensation. If Workers Compensation benefits are paid, the Board shall pay to such employee the difference between the benefits received and the employee's ability to participate in transitional or alternate duties designed regular salary. The Bureau of Workers Compensation's decision on granting benefits shall have no bearing on the provisions of this article. Assault leave shall continue until the employee has recovered sufficiently to return the employee back to work. • Cooperate fully with the Risk Manager and other public authorities in the prosecution of the assailant(s). In the event the employee requires representation by an attorney in the criminal prosecution of the assailant(s), the Board will provide an attorney to represent the employee in such matters. • File a workers' compensation claim to Sufficient recovery shall be eligible for Salary Continuation which, if granted, will replace BWC payments that would otherwise be made during the period of Salary Continuation. There is no loss of seniority while on Salary Continuation and all insurances shall remain in effect. In the case of dispute as whether the employee initiated the assault, the determination determined by the BWC, the Industrial Commission, or a court of competent jurisdiction shall be controllingBoard's physician. If it is determined that Salary Continuation should not have been paid, the assault has left the employee with a permanent disability, said employee will be liable for a return of those fundsrequest retirement. In the latter case, by payroll deduction or otherwise, at assault leave shall continue until disability retirement benefits begin. The employee will reimburse the discretion of the employerBoard an amount equal to any retroactive disability retirement benefits received. Salary Continuation for assaults Assault leave shall not be charged deducted from the earned or earnable sick leave of the certificated employee and the employee shall continue to sick leavereceive all benefits during the leave period.

Assault Leave. Since BWC compensable assaults are work-relatedSection 1. If an employee is physically injured during the course of employment as a direct result of a physical outburst of a student or consumer, Salary Continuation and if such employee files for compensation under the Workers’ Compensation Act of Ohio as a result of such injury, such employee shall be provided as noted above as and for the granted an assault leave. An .* Employees on approved assault is defined as leave shall be maintained on full pay status during such absence up to a criminally punishable act by a pupil against an employee maximum of the District causing a BWC compensable injury. This section describes additional requirements for the granting of Salary Continuation in assault situations. In the case of such assaults, the employee must do all of the following to remain eligible for Salary Continuation: • Furnish to the Risk Manager a signed statement describing in detail all of the facts and circumstances surrounding the assault, including, but not limited to, the location, the time, the identity of the assailant(s), if known, and the identity of all witnesses within five (5) days consecutive working days. Assault leave shall not be charged against sick leave. Section 2. An employee shall be granted assault leave according to the following rules: A. The incident resulting in the absence of the incidentemployee must have occurred during the course of employment with the Employer, while on the Employer’s premises, or at an Employer-approved or sponsored activity/event, or in the course of transporting student/consumers or material to or from said premises, activity or event. The injury/ assault must be reported to the employee’s immediate supervisor on the day of occurrence, and an accident/incident report must be completed. B. Upon notice to the Employer or immediate supervisor that an assault upon an employee must also submit has been committed, an assaulted employee having information relating to such assault shall, as soon as possible, prepare a written verification signed by statement embracing all facts within the attending physician that employee’s knowledge regarding said assault, sign said statement, and present it to the Human Resources Director or immediate supervisor. C. The Superintendent/designee shall initially determine if the employee is disabled should be granted assault leave at the time of assault. If denied, the employee may furnish a certificate from performing normal duties, indicating a licensed physician stating the nature of the disability and probable duration as well as its likely duration, along with a request for reconsideration. D. An employee shall not qualify for payment of assault leave until the Assault Leave Form and any requested physician’s statement, if needed, have been submitted to the Human Resources Director. E. Employees are not automatically required to seek treatment from a licensed physician unless the absence exceeds five (5) consecutive days. The Employer may require a licensed physician’s statement justifying the continuation of the employee's ability leave. F. An employee shall not be permitted to participate accrue assault leave. However, if an injury/assault has been properly reported in transitional or alternate duties designed to return the employee back to work. • Cooperate fully accordance with the Risk Manager and other public authorities terms set forth herein, an employee shall have up to five (5) calendar days within which to commence any assault leave. G. Payment for assault leave shall be at the assaulted employee’s rate of pay in effect at the prosecution time of the assailant(s). In assault. H. Payment under this article shall constitute the event the employee requires representation by an attorney in the criminal prosecution of the assailant(s), employee’s entire compensation from the Board will provide an attorney to represent the employee in such matters. • File a workers' compensation claim to be eligible for Salary Continuation which, if granted, will replace BWC payments that would otherwise be made during the period of Salary Continuation. There is no loss of seniority while on Salary Continuation physical disability, and all insurances shall remain in effect. In the case of dispute as whether the employee initiated the assault, the determination by the BWC, the Industrial Commission, or a court of competent jurisdiction any payments received under Chapter 4123 (Workers’ Compensation) shall be controlling. If it is determined that Salary Continuation should not have been paid, over and above the employee will be liable for a return provisions of those funds, by payroll deduction or otherwise, at the discretion of the employer. Salary Continuation for assaults shall not be charged to sick leavethis article.

Assault Leave. Since BWC compensable assaults are work-work related, Salary Continuation salary continuation shall be provided as noted above as and for the assault leave. An assault is defined as a criminally punishable act by a pupil against an employee of the District causing a BWC compensable injury. This section describes additional requirements for the granting of Salary Continuation salary continuation in assault situations. In the case of such assaults, the employee must do all of the following to remain eligible for Salary Continuation: • . a. Furnish to the Risk Manager a signed statement describing in detail all of the facts and circumstances surrounding the assault, including, but not limited to, the location, the time, the identity Identity of the assailant(s), if known, and the identity of all witnesses within five (5) days of the incidentwitnesses. The employee must also submit written verification signed by the attending physician that the employee is disabled from performing normal duties, indicating the nature of the disability and probable duration as well as a statement of the employee's ability to participate in transitional or alternate duties designed to return the employee back to work. • . b. Cooperate fully with the Risk Manager and other public authorities in the prosecution of the assailant(s). In the event the employee requires representation by an attorney in the criminal prosecution of the assailant(s), the Board will provide an attorney to represent the employee in such matters. • . c. File a workers' compensation claim to be eligible for Salary Continuation salary continuation which, if granted, will replace BWC payments that would otherwise be made during the period of Salary Continuationsalary continuation. There is no loss of seniority while on Salary Continuation salary continuation and all insurances shall remain in effect. In effect in the case of dispute as whether the employee initiated the assault, assault the determination by the BWC, the Industrial Commission, or a court of competent jurisdiction shall be controlling. If it is determined that Salary Continuation salary continuation should not have been paid, the employee will be liable for a return of those funds, by payroll deduction or otherwise, at the discretion of the employer. Salary Continuation salary continuation for assaults shall not be charged to sick leave.

Assault Leave. Since BWC compensable assaults are ‌ Assault leave provides extended job income and benefits protection to an employee who is injured as the result of a physical assault suffered during the performance of his or her job. An incident involving an assault is a work-relatedrelated injury and should be immediately reported to the superintendent. An injury is treated as an assault if the person causing the injury could be prosecuted for assault or could not be prosecuted only because that person’s age or mental capacity renders the person not responsible for purposes of criminal liability. An employee who is physically assaulted at work may take all the leave time medically necessary (up to two years) to recover from the physical injuries he or she sustained. At the request of an employee, Salary Continuation shall be provided as noted above as and for the district will immediately assign the employee to assault leave. Days of leave granted under the assault leave provision will not be deducted from accrued personal leave and must be coordinated with workers' compensation benefits. Upon investigation, the district may change the assault leave status and charge leave used against the employee’s accrued paid leave. The employee’s pay will be deducted if accrued paid leave is not available. JURY DUTY‌ Policies DEC, DG The district provides paid leave to employees who are summoned to jury duty, including service on a grand jury. The district will not discharge, threaten to discharge, intimidate, or coerce any regular employee because of juror or grand juror service or for the employee’s attendance in connection with service in any court in the United States. Employees who report to the court for jury duty may keep any compensation the court provides. An assault employee should report a summons for jury duty to his or her supervisor as soon as it is defined as received and may be required to provide the district with a criminally punishable act by a pupil against an employee copy of the District causing a BWC compensable injurysummons to document the need for leave. This section describes additional requirements for the granting of Salary Continuation in assault situations. In the case of such assaults, the An employee must do all of the following may be required to remain eligible for Salary Continuation: • Furnish report back to the Risk Manager a signed statement describing in detail all of the facts and circumstances surrounding the assault, including, but not limited to, the location, the time, the identity of the assailant(s), if known, and the identity of all witnesses within five (5) days of the incidentwork as soon as they are released from jury duty. The employee must also submit written verification signed by supervisor may consider the attending physician that the employee is disabled from performing normal duties, indicating travel time required and the nature of the disability and probable duration as well as a statement of individual’s position when determining the employee's ability need to participate in transitional or alternate duties designed to return the employee back report to work. • Cooperate fully with the Risk Manager and other public authorities in the prosecution A copy of the assailant(s)release from jury duty or documentation of time spent at the court may be required. In the event the employee requires representation by an attorney in the criminal prosecution of the assailant(s), the Board COMPLIANCE WITH A SUBPOENA‌ Employees will provide an attorney to represent the employee in such matters. • File a workers' compensation claim to be eligible for Salary Continuation which, if granted, will replace BWC payments that would otherwise be made during the period of Salary Continuation. There is no loss of seniority paid while on Salary Continuation leave to comply with a valid subpoena to appear in a civil, criminal, legislative, or administrative proceeding and all insurances shall remain in effectwill not be required to use paid leave. In the case Employees may be required to submit documentation of dispute as whether the their need for leave for court appearances. TRUANCY COURT APPEARANCES‌ An employee initiated the assaultwho is a parent, the determination by the BWC, the Industrial Commissionguardian of a child, or a court-appointed guardian ad litem of a child who is required to miss work to attend a truancy court of competent jurisdiction shall be controllinghearing may use personal leave or compensatory time for the absence. If it is determined that Salary Continuation should Employees who do not have been paid, the employee paid leave available will be liable docked for any absence required because of the court appearance. RELIGIOUS OBSERVANCE‌ The district will reasonably accommodate an employee’s request for absence for a return religious holiday or observance. Accommodations such as changes to work schedules or approving a day of those funds, by payroll deduction or otherwise, at absence will be made unless they pose an undue hardship to the discretion district. The employee may use any accumulated personal leave for this purpose. Employees who have exhausted applicable paid leave may be granted an unpaid day of the employerabsence. Salary Continuation for assaults shall not be charged to sick leave.MILITARY LEAVE‌