Common use of Disability Leave Clause in Contracts

Disability Leave. 12.01 When an employee is injured in the line of duty while actually working for the Employer, he shall be eligible for paid leave, in the amount of his base wage, not to exceed six (6) months from the injury date, providing that within thirty (30) days from the first day of disability leave he files for Worker's Compensation and signs a waiver assigning to the Employer those sums of money he would ordinarily receive as weekly compensation as determined by law for that number of weeks he receives benefits under this Article. ▇▇▇▇ leave will be reimbursed to the extent of the Worker's Compensation benefits received by the Employer. 12.02 If the employee has filed for Workers' Compensation as required and at the end of this six (6) months period, the employee is still disabled, the leave may, at the Employer's sole discretion, be extended for an additional six (6) month period. 12.03 The Employer shall have the right to require the employee to have a physical exam by a physician appointed and paid by the Employer, resulting in the physician's certification that the employee is unable to return to work due to the injury as condition precedent to the employee receiving 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 Employer shall extend the period of leave. Refusal of an employee to submit to the required physical exam shall be just cause for termination. If the physician determines that the employee is disabled and unable to return to work, the employee shall file for disability retirement within thirty- (30) days after the physician's determination. 12.04 In the event that the City of Tallmadge should purchase disability income insurance, each employee shall execute an assignment of benefits to the City of Tallmadge to the extent of any compensation received by the employer as set forth herein, above.

Disability Leave. 12.01 When 18.6.1 A member may request an unpaid leave of absence of up to three months for a non-work related personal illness or physical incapacity of such a degree as to render the employee is injured in unable to perform the line duties of duty while actually working his/her position. Similarly, a member unable to perform the duties of their position for a non-work related personal illness or physical incapacity may be placed on a leave of absence by the Employer, he shall be eligible for paid leave, in the amount of his base wage, not to exceed six (6) months from the injury date, providing that within thirty (30) days from the first day of disability leave he files for Worker's Compensation and signs a waiver assigning to the Employer those sums of money he would ordinarily receive as weekly compensation as determined by law for that number of weeks he receives benefits under this ArticleCity. ▇▇▇▇ leave The employee will be reimbursed to notified in writing when the extent of City places the Worker's Compensation benefits received by the Employeremployee on leave. 12.02 If the employee has filed 18.6.1.1 Except for Workers' Compensation as required and at the end of this six (6) months period, the employee is still disabled, the leave may, at the Employer's sole discretion, be extended for an additional six (6) month period. 12.03 The Employer shall have the right to require the employee to have a physical exam by a physician appointed and paid by the Employer, resulting in the physician's certification that the employee is unable to return to work due to the injury as condition precedent to the employee receiving 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 Employer shall extend the period of leave. Refusal of an employee to submit to the required physical exam shall be just cause for termination. If the physician determines that the employee is disabled and unable to return to workemergencies, the employee shall file for disability retirement within thirty- submit a written request to the Chief at least one month prior to the anticipated departure. The employee is required, as a condition of this leave, to provide a statement from an attending physician, with specific reference to the employee’s job description, setting forth (30a) days the anticipated duration of the disability, and (b) any conditions which may limit the employee's performance of his/her job before or after the physician's determinationleave. A decision concerning such requests for leaves shall be made by the Chief who shall consider the needs of the Department and personal benefit to the employee. Leaves shall not be denied for arbitrary or capricious reasons. 12.04 18.6.1.2 Employees who are unable to report to work for medical reasons may be placed on disability leave at the discretion of the Chief. 18.6.1.3 Should the Department Head determine that an employee's attendance or performance is unsatisfactory because of a disability, the employee may be required to take a leave of absence. In any instance in which the Department Head requires the employee to go on a leave of absence, if the affected employee files a grievance, the burden of proof shall then be upon the City as to the correctness of such determination. In the event that such determination is found to be unjustified, the City employee involved shall be reimbursed for all lost time and/or restored all lost sick leave credits. The initial twelve (12) week period of Tallmadge should purchase disability income insurance, each employee leave will be processed as Family and Medical Leave if the leave qualifies under the Family and Medical Leave Act. 18.6.2 The Chief shall execute an assignment have the discretionary authority to extend such leave upon written request from the employee. No disability leave or extensions thereof may exceed a total of benefits to the City of Tallmadge to the extent of any compensation received by the employer as set forth herein, abovetwelve months duration.

Disability Leave. 12.01 When an 1. A disability leave of absence will be granted to employees who have been absent for more than twelve (12) weeks because of a non-work related injury, illness, or other disability, subject to the right of the Employer to require a physician's certificate establishing that the employee is injured in incapacitated from the line safe performance of duty while actually working for the Employerwork due to illness, he injury, or other disability. 2. A disability leave shall be eligible for without pay until such time as the employee has exhausted all accrued paid leave, in the amount of his base wage, not to exceed six (6) months from the injury date, providing that within thirty (30) days from the first day of disability leave he files for Worker's Compensation benefits and signs a waiver assigning to the Employer those sums of money he would ordinarily receive as weekly compensation thereafter benefits shall continue as determined by law for that number of weeks he receives benefits under this ArticleCOBRA. ▇▇▇▇ This disability leave will be reimbursed to continue for the extent period of the Workeremployee's Compensation benefits received by disability; provided, however, that an employee may not be on a disability leave for a period of more than twelve (12) consecutive months. At the Employer. 12.02 If completion of the employee has filed for Workers' Compensation as required and at the end of this six twelve (612) months month period, the Employer may grant an extension of the leave for up to an additional twelve (12) months if the employee can present evidence from his/her treating physician that there is still disableda substantial likelihood that the employee will be able to return to work during the period of extended leave. 3. An employee whose leave ends prior to his/her being able to return to work will be considered to be on layoff with rights to return in accordance with (Article XVI). The Employer may request at any time, as a condition of continuance of a disability leave of absence, proof of a continuing disability. 4. In situations where the employee's physical or mental condition raises a question as to the employee's capacity to perform the job, the leave may, Employer may require a medical examination by a physician chosen by the Employer at the Employer's sole discretionexpense and, be extended for an additional six (6) month period. 12.03 The Employer shall have the right to if appropriate, require the employee to have take a physical exam by leave of absence under this Section. 5. Employees who are anticipating a physician appointed and paid by the Employer, resulting in the leave of absence under this Section may be required to present a physician's certification certificate recommending that the employee is unable continue at work and in all cases the employee's attendance and job responsibilities must be satisfactorily maintained. 6. Employees are required to return notify the Employer of any condition which will require a leave of absence under this Section together with the anticipated date for commencement of such leave. This notice shall be given to the Employer by the employee as far in advance as possible. All employees returning to work due to the injury as condition precedent to the employee receiving benefits under this Article. The designated from a disability leave of absence must present a physician's opinion shall govern whether the Employee is actually disabled or not, but shall not govern whether the Employer shall extend the period of leave. Refusal of an employee to submit to the required physical exam shall be just cause for termination. If the physician determines that certificate indicating the employee is disabled and unable medically able to return to work, the employee shall file for disability retirement within thirty- (30) days after the physician's determination. 12.04 In the event that the City of Tallmadge should purchase disability income insurance, each employee shall execute an assignment of benefits to the City of Tallmadge to the extent of any compensation received by the employer as set forth herein, above.

Disability Leave. 12.01 When an employee 1. Members may use accumulated sick leave or advancements thereof, as authorized by the Board, for absence due to disability. 2. Members for whom sufficient sick leave is injured in not available to cover the line probable period of duty while actually working for the Employer, he disability shall be eligible entitled to an unpaid leave of absence for paid that period not covered by sick leave, in the amount of his base wage, not to exceed six (6) months from weeks in total. Extension beyond the injury datesix (6) weeks period shall be granted upon the receipt of a statement by the member's attending physician that an extension is required. A probable return to duty date shall be included in the statement by the member's attending physician. If the extension will be for an additional lengthy period, providing that within thirty (30) days from the first day of disability administration shall investigate whether the member is placed on an ill health leave he files for Worker's Compensation and signs a waiver assigning as prescribed by the R.C. 3. Prior to returning to duty, the Employer those sums of money he would ordinarily receive as weekly compensation as determined by law for that number of weeks he receives benefits under this Article. member shall ▇▇▇▇▇▇▇ leave will be reimbursed a signed statement from his/her attending physician that he/she is physically able to the extent of the Worker's Compensation benefits received by the Employerperform his/her assigned duties. 12.02 If 4. Application for a leave of absence due to disability shall be submitted in writing. The application shall include a statement from the employee has filed for Workers' Compensation as required and at the end of this six (6) months period, the employee member's physician that he/she is still disabled, the leave may, at the Employer's sole discretion, be extended for an additional six (6) month periodunable to perform his/her assigned duties. 12.03 The Employer 5. Members on unpaid leaves of absence due to disability shall have the right option of continuing normal fringe benefits at the expense of the member providing the insurance carriers approve. Payment shall be arranged with the Treasurer prior to require the employee stated date of such leave. Failure to have a physical exam by a physician appointed and paid make the appropriate payment on the date specified by the Employer, resulting Treasurer shall result in the physician's certification that cancellation of said fringe benefits. Member will only be required to pay only the employee is unable employee’s portion of premium. 6. Members on disability leave shall be entitled to return to work due to reinstatement at the injury as condition precedent to the employee receiving 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 Employer shall extend expiration of the period of leave. Refusal of an employee to submit disability to the required physical exam shall be just cause for termination. If the physician determines that the employee is disabled and unable same assignment as held prior to return to work, the employee shall file for disability retirement within thirty- (30) days after the physician's determinationleave. 12.04 In 7. Except as otherwise provided, leave authorized pursuant to this Section, Paragraph 2, shall not extend beyond the event that the City of Tallmadge should purchase disability income insurance, each employee shall execute an assignment of benefits to the City of Tallmadge to the extent of any compensation received by the employer as set forth herein, abovecurrent school year.

Disability Leave. 12.01 When an 1. A disability leave of absence will be granted to employees who have been absent for more than twelve (12) weeks because of a non-work related injury, illness, or other disability, subject to the right of the Employer to require a physician's certificate establishing that the employee is injured in incapacitated from the line safe performance of duty while actually working for the Employerwork due to illness, he injury, or other disability. 2. A disability leave shall be eligible for without pay until such time as the employee has exhausted all accrued paid leave, in the amount of his base wage, not to exceed six (6) months from the injury date, providing that within thirty (30) days from the first day of disability leave he files for Worker's Compensation benefits and signs a waiver assigning to the Employer those sums of money he would ordinarily receive as weekly compensation thereafter benefits shall continue as determined by law for that number of weeks he receives benefits under this ArticleCOBRA. ▇▇▇▇ This disability leave will be reimbursed to continue for the extent period of the Workeremployee's Compensation benefits received by disability; provided, however, that an employee may not be on a disability leave for a period of more than twelve (12) consecutive months. At the Employer. 12.02 If completion of the employee has filed for Workers' Compensation as required and at the end of this six twelve (612) months month period, the Employer may grant an extension of the leave for up to an additional twelve (12) months if the employee can present evidence from his/her treating physician that there is still disableda substantial likelihood that the employee will be able to return to work during the period of extended leave. 3. An employee whose leave ends before his/her being able to return to work will be considered to be on layoff with rights to return in accordance with (Article 16). The Employer may request at any time, as a condition of continuance of a disability leave of absence, proof of a continuing disability. 4. In a situation where the employee's physical or mental condition raises a question as to the employee capacity to perform the job, the leave may, Employer may require a medical examination by a physician chosen by the Employer at the Employer's sole discretionexpense and, be extended for an additional six (6) month period. 12.03 The Employer shall have the right to if appropriate, require the employee to have take a physical exam by leave of absence under this Section. 5. Employees who are anticipating a physician appointed and paid by the Employer, resulting in the leave of absence under this Section may be required to present a physician's certification certificate recommending that the employee is unable continue at work and in all cases the employee's attendance and job responsibilities must be satisfactorily maintained. 6. Employees are required to return notify the Employer of any condition which will require a leave of absence under this Section together with the anticipated date for commencement of such leave. This notice shall be given to the Employer by the employee as far in advance as possible. All employees returning to work due to the injury as condition precedent to the employee receiving benefits under this Article. The designated from a disability leave of absence must present a physician's opinion shall govern whether the Employee is actually disabled or not, but shall not govern whether the Employer shall extend the period of leave. Refusal of an employee to submit to the required physical exam shall be just cause for termination. If the physician determines that certificate indicating the employee is disabled and unable medically able to return to work, the employee shall file for disability retirement within thirty- (30) days after the physician's determination. 12.04 In the event that the City of Tallmadge should purchase disability income insurance, each employee shall execute an assignment of benefits to the City of Tallmadge to the extent of any compensation received by the employer as set forth herein, above.

Disability Leave. 12.01 When 18.5.1 A member may request an unpaid leave of absence of up to three months for a non-work related personal illness or physical incapacity of such a degree as to render the employee is injured in unable to perform the line duties of duty while actually working their position. Similarly, a member unable to perform the duties of their position for a non-work related personal illness or physical incapacity may be placed on a leave of absence by the Employer, he shall be eligible for paid leave, in the amount of his base wage, not to exceed six (6) months from the injury date, providing that within thirty (30) days from the first day of disability leave he files for Worker's Compensation and signs a waiver assigning to the Employer those sums of money he would ordinarily receive as weekly compensation as determined by law for that number of weeks he receives benefits under this ArticleCity. ▇▇▇▇ leave The employee will be reimbursed to notified in writing when the extent of City places the Worker's Compensation benefits received by the Employeremployee on leave. 12.02 If the employee has filed 18.5.1.1 Except for Workers' Compensation as required and at the end of this six (6) months period, the employee is still disabled, the leave may, at the Employer's sole discretion, be extended for an additional six (6) month period. 12.03 The Employer shall have the right to require the employee to have a physical exam by a physician appointed and paid by the Employer, resulting in the physician's certification that the employee is unable to return to work due to the injury as condition precedent to the employee receiving 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 Employer shall extend the period of leave. Refusal of an employee to submit to the required physical exam shall be just cause for termination. If the physician determines that the employee is disabled and unable to return to workemergencies, the employee shall file for disability retirement within thirty- submit a written request to the Chief at least one month prior to the anticipated departure. The employee is required, as a condition of this leave, to provide a statement from an attending physician, with specific reference to the employee’s job description, setting forth (30a) days the anticipated duration of the disability, and (b) any conditions which may limit the employee's performance of their job before or after the physicianleave. A decision concerning such requests for leaves shall be made by the Chief who shall consider the needs of the Department and personal benefit to the employee. Leaves shall not be denied for arbitrary or capricious reasons. 18.5.1.2 Employees who are unable to report to work for medical reasons may be placed on disability leave at the discretion of the Chief. Should the Department Head determine that an employee's attendance or performance is unsatisfactory because of a disability, the employee may be required to take a leave of absence. In any instance in which the Department Head requires the employee to go on a leave of absence, if the affected employee files a grievance, the burden of proof shall then be upon the City as to the correctness of such determination. In the event such determination is found to be unjustified, the employee involved shall be reimbursed for all lost time and/or restored all lost sick leave credits. The initial twelve (12) week period of disability leave will be processed as Family and Medical Leave if the leave qualifies under the Family and Medical Leave Act. 18.5.2 The Chief shall have the discretionary authority to extend such leave upon written request from the employee. No disability leave or extensions thereof may exceed a total of twelve months duration. 18.5.3 Accumulated sick leave benefits shall be applied to any portion of the requested leave so eligible at the option of the member, but cannot be used to delay the start or extend a disability leave. Accumulated vacation benefits shall be applied to any portion of the requested leave so eligible at the option of the member, but cannot be used to delay the start or extend the disability leave unless so approved by the Fire Chief, who has the sole discretion to make such determination. 12.04 In the event that 18.5.4 Disabilities due to pregnancy or childbirth are, for all job related purposes, temporary disabilities. 18.5.5 For leaves of absence taken in accordance with this article, the City of Tallmadge should purchase disability income insurancewill continue the employee's health insurance coverage, each and the employee shall execute an assignment of benefits to will accrue holiday, vacation or sick leave credits during the City of Tallmadge to the extent of any compensation received by the employer as set forth herein, above.first twelve

Disability Leave. 12.01 When an employee 1. Members may use accumulated sick leave or advancements thereof, as authorized by the Board, for absence due to disability. 2. Members for whom sufficient sick leave is injured in not available to cover the line probable period of duty while actually working for the Employer, he disability shall be eligible entitled to an unpaid leave of absence for paid that period not covered by sick leave, in the amount of his base wage, not to exceed six (6) months from weeks in total. Extension beyond the injury date, providing that within thirty (30) days from the first day of disability leave he files for Worker's Compensation and signs a waiver assigning to the Employer those sums of money he would ordinarily receive as weekly compensation as determined by law for that number of weeks he receives benefits under this Article. ▇▇▇▇ leave will be reimbursed to the extent of the Worker's Compensation benefits received by the Employer. 12.02 If the employee has filed for Workers' Compensation as required and at the end of this six (6) months weeks period shall be granted upon the receipt of a statement by the member's attending physician that an extension is required. A probable return to duty date shall be included in the statement by the member's attending physician. If the extension will be for an additional lengthy period, the employee administration shall investigate whether the member is still disabledplaced on an ill health leave as prescribed by the R.C. 3. Prior to returning to duty, the leave may, at the Employer's sole discretion, be extended for an additional six (6) month periodmember shall furnish a signed statement from his/her attending physician that he/she is physically able to perform his/her assigned duties. 12.03 4. Application for a leave of absence due to disability shall be submitted in writing. The Employer application shall include a statement from the member's physician that he/she is unable to perform his/her assigned duties. 5. Members on unpaid leaves of absence due to disability shall have the right option of continuing normal fringe benefits at the expense of the member providing the insurance carriers approve. Payment shall be arranged with the Treasurer prior to require the employee stated date of such leave. Failure to have a physical exam by a physician appointed and paid make the appropriate payment on the date specified by the Employer, resulting Treasurer shall result in the physician's certification that cancellation of said fringe benefits. Member will only be required to pay only the employee is unable employee’s portion of premium. 6. Members on disability leave shall be entitled to return to work due to reinstatement at the injury as condition precedent to the employee receiving 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 Employer shall extend expiration of the period of leave. Refusal of an employee to submit disability to the required physical exam shall be just cause for termination. If the physician determines that the employee is disabled and unable same assignment as held prior to return to work, the employee shall file for disability retirement within thirty- (30) days after the physician's determinationleave. 12.04 In 7. Except as otherwise provided, leave authorized pursuant to this Section, Paragraph 2, shall not extend beyond the event that the City of Tallmadge should purchase disability income insurance, each employee shall execute an assignment of benefits to the City of Tallmadge to the extent of any compensation received by the employer as set forth herein, abovecurrent school year.

Disability Leave. 12.01 When 1. An employee shall be entitled to up to 6 months disability leave whether paid or unpaid for a non-work related disability. 2. The employee shall request disability leave in writing at least ten working days prior to the leave unless circumstances beyond the employee's control prevent such notification. 3. Notwithstanding Section 1, an employee is injured in the line of duty while actually working for the Employer, he shall be eligible for paid leave, in the amount of his base wage, not to exceed six (6) months from the injury date, providing that within thirty (30) days from the first day of on certified disability leave he files for Worker's Compensation and signs a waiver assigning to the Employer those sums of money he would ordinarily receive as weekly compensation as determined by law for that number of weeks he receives benefits under this Article. ▇▇▇▇ leave will be reimbursed to the extent of the Worker's Compensation benefits received by the Employer. 12.02 If the employee has filed for Workers' Compensation as required and at the end of this six (6) months period, the employee is still disabled, the leave may, at the Employer's sole his/her discretion, either elect to exhaust all paid leave balances or elect to retain any or all paid leave balances. If an employee elects to retain paid leave balances, such election must be extended for an additional six (6) month periodmade at the time the leave is requested. 12.03 The Employer 4. Disability leave will only be granted upon medical certification that the employee is substantially incapable of performing the duties of his/her position. 5. An employee will be entitled to return to his/her classification upon the expiration of the disability leave. An employee on disability leave shall notify the Director of Human Resources in writing at least five working days in advance of his/her expected return to work date. Such notification will also include limitations or restrictions, if any, on the employee's ability to perform his/her full range of duties. 6. An employee whose medically certified disability exceeds either six months or the employee's accrued leave time, whichever is greater, shall have the right to require apply for an extension of such leave. The CRA/LA will respond to such requests for extension within ten (10) business days. Approval of such requests for extension shall not be unreasonably withheld. 7. The CRA/LA agrees to continue medical and dental insurance subsidy for a period not to exceed either five months for employee only coverage or four months for current coverage, at the employee’s option for an employee to have who is on a physical exam by a physician appointed medically certified disability leave without pay and paid by the Employer, resulting in the physician's certification that the employee who is temporarily unable to return to work due to perform his/her regular duties. If at the injury as condition precedent to the employee receiving 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 Employer shall extend end of the period of leavefor which the CRA/LA is contributing toward the 1. Refusal of an employee to submit to the required physical exam shall be just cause for termination. If the physician determines that the employee is disabled and unable to return to work, the employee shall file for disability retirement within thirty- (30) days after the physician's determination. 12.04 In the event that the City of Tallmadge should purchase disability income insurance, each employee shall execute an assignment of benefits to the City of Tallmadge to the extent of any compensation received by the employer as set forth herein, above.Purpose

Disability Leave. 12.01 When an ‌ 1. A disability leave of absence will be granted to employees who have been absent for more than twelve (12) weeks because of a non-work related injury, illness, or other disability, subject to the right of the Employer to require a physician's certificate establishing that the employee is injured in the line of duty while actually working for the Employer, he shall be eligible for paid leave, in the amount of his base wage, not to exceed six (6) months incapacitated from the injury datesafe performance of work due to illness, providing that within thirty (30) days from the first day of injury, or other disability. 2. During a disability leave he files for Worker's Compensation and signs a waiver assigning to of absence, the Employer those sums of money he would ordinarily receive as weekly compensation as determined by law for that number of weeks he receives benefits under this Articleemployee must use all available paid leave time. ▇▇▇▇ When the employee exhausts available paid leave time, the employee’s remaining leave will be reimbursed to unpaid. The employee may continue his or her insurance benefits, at their own expense, under COBRA. This disability leave will continue for the extent period of the Workeremployee's Compensation benefits received by disability; provided, however, that an employee may not be on a disability leave for a period of more than twelve (12) consecutive months. At the Employer. 12.02 If completion of the employee has filed for Workers' Compensation as required and at the end of this six twelve (612) months month period, the Employer may grant an extension of the leave for up to an additional twelve (12) months if the employee can present evidence from his/her treating physician that there is still disableda substantial likelihood that the employee will be able to return to work during the period of extended leave. 3. The Employer may request at any time, as a condition of continuance of a disability leave of absence, proof of a continuing disability. 4. In a situation where the employee's physical or mental condition raises a question as to the employee capacity to perform the job, the leave may, Employer may require a medical examination by a physician chosen by the Employer at the Employer's sole discretionexpense and, be extended for an additional six (6) month period. 12.03 The Employer shall have the right to if appropriate, require the employee to have take a physical exam by leave of absence under this Section. 5. Employees who request a physician appointed and paid by the Employer, resulting in the leave of absence under this section may be required to present a physician's certification certificate recommending that the employee is unable continue at work and in all cases the employee's attendance and job responsibilities must be satisfactorily maintained. 6. Employees are required to return notify the Employer of any condition which will require a leave of absence under this Section together with the anticipated date for commencement of such leave. This notice shall be given to the Employer by the employee as far in advance as possible. All employees returning to work due to the injury as condition precedent to the employee receiving benefits under this Article. The designated from a disability leave of absence must present a physician's opinion shall govern whether the Employee is actually disabled or not, but shall not govern whether the Employer shall extend the period of leave. Refusal of an employee to submit to the required physical exam shall be just cause for termination. If the physician determines that certificate indicating the employee is disabled and unable medically able to return to work, the employee shall file for disability retirement within thirty- (30) days after the physician's determination. 12.04 In 7. The employee taking the event that disability leave shall return to their vacated assignment if taking a temporary leave (less than 150 school days) and will be guaranteed a position the City of Tallmadge should purchase disability income insurancefollowing school year upon return from a leave greater than 150 school days, each employee shall execute an assignment of benefits to the City of Tallmadge to the extent of any compensation received by the employer as set forth herein, aboveexcept if there is a necessary reduction in force or another lawful reason.