Common use of Injured on Duty Pay Clause in Contracts

Injured on Duty Pay. 30.01 An employee of the bargaining unit who is injured in the line of duty as the result of a violent ac- tion requiring hospitalization or is medically certified as injured shall be placed on the Injured on Duty roster. The employee shall receive all compensation and benefits to which he or she would be entitled, except for having incurred the injury, for a period not to exceed three-hundred sixty-five (365) days. 30.02 A statement by a certified physician must be presented to the employer by the third (3rd) day of continual absenteeism for the employee to receive benefits under this Article. In situations where it is physically or mentally impossible for the employee to notify the employer of the incapacitation condi- tion, the notification must be filed as soon as it is possible. In the same manner an injured employee, if physically and mentally able, must file an injury report with the employer within seventy-two (72) hours of the event that caused the injury. If the employee is not able to notify the employer in the seventy-two hour period, the injury report must be filed as soon as possible. 30.03 If a second medical opinion is required by the employer, any fees resulting from the second opin- ion must be paid by the Employer. 30.04 If the employee remains incapacitated beyond the three hundred and sixty-five (365) day limit, then the employee must use sick leave or other accrued leave to remain in an active paid status. 30.05 It is understood that the employee shall file a claim for Workers' Compensation. Injury leave is provided by the Employer as a supplement for Workers' Compensation, to ensure the injured employee is not made to suffer a monetary loss as a result of the on duty action. The provisions of the Article shall only apply when the injured employee signs an agreement authorizing the repayment of the supplemental wages received from Workers' Compensation to the Treasurer of Erie County. Should the employee not sign such an agreement, then the employee shall be required to use his accrued sick time or take a leave of absence without pay. 30.06 The Employer will not be held liable for injuries to an employee resulting from, or arising out of, outside employment and off the job injuries. It is also understood that the Employer will have no liability under this clause if the injury results from gross negligence or a failure to observe Departmental policy. 30.07 An employee returning to active status from the "Injured on Duty" roster must have a physician's release to return to work. Final judgment on the employee's ability to adequately perform his job rests with the Employer, who may direct the employee to submit to further examination at the Employer's ex- pense. 30.08 The Employer reserves the right to withhold benefit payment or to take disciplinary action, up to and including discharge, against any employee who is found guilty of submitting a false claim for bene- fits covered under this clause. In addition, if the employee is found to be working for another employer while on injury leave, he is likewise subject to discipline up to and including dismissal.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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Injured on Duty Pay. 30.01 25.01. An employee of the bargaining unit who is becomes sick or injured in the line of duty as the a result of an on-duty incident, or while performing a violent ac- tion requiring hospitalization or is medically certified as injured xx- xxxxx obligated off-duty function of a peace officer, shall be placed on the Injured on Duty roster. The employee shall continue to receive all compensation and benefits to which he the em- ployee is due, including, but not limited to, wages, benefits, and family medical coverage if applicable. Cover- age shall continue for the duration of the illness or she would be entitled, except for having incurred the injury, injury for a period not to exceed three-hundred sixty-five one (3651) days. 30.02 A statement by a certified physician must year, and said leave shall not be presented to counted against employee accrued Sick Leave. The employer shall pay all costs associated with the employer by illness or injury, and shall bear the third (3rd) day burden of continual absenteeism for recovering the employee to receive benefits under this Article. In situations where it is physically or mentally impossible for the employee to notify the employer costs through legal means, other than from an employee, if recovery of the incapacitation condi- tion, the notification must be filed as soon as it costs is possible. In Costs for a covered injury shall not be submitted to employee’s Family Medical Insurance provided by the same manner employer, or used against the employee’s lifetime maximum amounts under the Family Medical Insurance coverage. An employee who becomes injured or sick through an injured employee, if physically and mentally able, must on-the-job incident shall be required to file an injury report with the employer within seventy-two (72) hours of the event that caused the injurya Workers Compensation claim. If All Workers Compensation payments made to the employee is not able shall be remitted to notify the employer in em- ployer, or the seventy-two hour periodemployer’s designee, the injury report must be filed as soon as possible. Payments shall not include civil or criminal settlements from insurance carriers, lawsuits in which the Employee was the Plaintiff, etc. All paid leave accounts of the employee, including, but not limited to, Sick Leave, Vacation, Personal Days, etc. shall remain unchanged, and shall continue to accrue as if the employee were still performing their job. The above provisions shall apply to any and all times in which Deputy Sheriff Sergeants, and Deputy Sheriff Lieutenants are performing or attempting to perform the legal or morally obligated action of a Police Officer. 30.03 If a second medical opinion is required by the employer, any fees resulting from the second opin- ion must be paid by the Employer. 30.04 If the employee remains incapacitated beyond the three hundred and sixty-five (365) day limit, then the employee must use sick leave or other accrued leave to remain in an active paid status. 30.05 It is understood that the employee shall file a claim for Workers' Compensation25.02. Injury leave is provided by the Employer as a supplement for Workers' Compensation, to ensure the injured employee is not made to suffer a monetary loss as a result of the on duty action. The provisions of the Article shall only apply when the injured employee signs an agreement authorizing the repayment of the supplemental wages received from Workers' Compensation to the Treasurer of Erie County. Should the employee not sign such an agreement, then the employee shall be required to use his accrued sick time or take a leave of absence without pay. 30.06 The Employer will not be held liable for injuries to an employee resulting from, or arising out of, outside employment and off the job injuries. It is also understood that the Employer will have no liability under this clause if the injury results from gross negligence or a failure to observe Departmental policy. 30.07 25.03. An employee returning to active status from the "Injured on Duty" roster must have a physician's release to return to work. Final judgment on the employee's ability to adequately perform his job rests with the EmployerEm- ployer, who may direct the employee to submit to further examination at the Employer's ex- penseexpense. 30.08 25.04. The Employer reserves the right to withhold benefit payment or to take disciplinary action, up to and including discharge, against any employee who is found guilty of submitting a false claim for bene- fits benefits covered under this clause. In addition, if the employee is found to be working for another employer while on injury leave, he is likewise subject to discipline up to and including dismissal.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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