Common use of INJURY LEAVE Clause in Contracts

INJURY LEAVE. 17.01 When an employee is injured in the line of duty, while actually working for the Employer, necessitating his absence from work he shall be eligible for a paid leave from the date of injury not to exceed ninety (90) calendar days, providing he files for Workers Compensation and his injury is approved by the Ohio Bureau of Workers' Compensation. Should a claim be disallowed by the Ohio Bureau of Worker's Compensation for an injury, any payment made by the City prior to such determination by the Ohio Bureau of Workers' Compensation shall be deducted from the employee's leave credits commencing with sick leave first He must also agree to assign the Employer those sums of money he would ordinarily receive as his weekly compensation as determined by law for those number of weeks he receives benefits under this Article. 17.02 If at the end of this ninety (90) day period the employee is still disabled, the leave may, at the Employer's discretion, be extended for additional ninety (90) calendar day periods, or parts thereof. 17.03 The Employer shall have the right to require the employee to have a physical exam by a physician appointed by the Employer resulting in the physician's certification 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. 17.04 Nothing in this article will prohibit the employer, at its discretion, from assigning transitional duties to an employee currently on an approved injury leave, provided those duties are such that the employee can perform in light of the employee’s injury. As approved by a physician, the employee will first be offered light duty on his or her regularly scheduled shift. If an employee is offered transitional duty and declines, the employee will forfeit receiving any further compensation from the City while on injury leave. 17.05 For an employee to be placed on paid leave, he/she must provide a doctor's note or certificate indicating that all time missed is due to the work-related injury. 17.06 Employees returning from injury leave must provide a doctor's note or certificate indicating that the employee is able to return to work. 17.07 Once an employee receives a doctor's approved return to work, no paid injury leave will be permitted for further time off unless the employee re-injures themselves pursuant to Article 17.01. 17.08 An employee shall not engage in employment with an employer other than the City while on paid injury leave, unless said employment is approved by the Employer. The Employer shall not unreasonably withhold approval for outside employment. Engaging in unapproved outside employment while on paid injury leave from the City may result in discipline.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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INJURY LEAVE. 17.01 When an employee is injured in the line Section 24.1 Any Employee unable to work due to a job-related disabling condition shall be entitled to a leave of duty, while actually working absence at his/her regular rate of pay for the Employerduration of the time for which he/she is medically certified as being unable to work. During such leave of absence, necessitating his absence from work he the Employer will maintain regular payments into his/her medical and pension plans if they apply to insure continued coverage for the employee and any dependents. Seniority, vacation benefits and pension shall be eligible given for a paid the time spent on the injury leave of absence. Section 24.2 Eligibility All employees shall be allowed injury leave with pay not to exceed one hundred eighty (180) days for each service-connected injury provided such injury is reported to the employee's immediate supervisor, in writing, on an accident report form, as soon as possible but not more than seven (7) days from the date such injury or recurrence of such injury occurs. 180-day period may be extended at the discretion of the Fire Chief. Injury leave with pay shall be granted to any such employee only for injuries or other disabilities determined by the Department Fire Chief or designee as caused or induced by the actual performance of his/her position, Cardiovascular, respiratory, Cancer, and pulmonary disabilities shall be presumed to be service-connected. As a condition of receipt of injury not leave benefits and unless otherwise directed by the Board of Trustees, the member shall apply for worker’s compensation benefits under the Ohio Workers’ Compensation program as soon as practicable. Copies of all workers’ compensation applications shall be submitted to exceed ninety (90) calendar daysthe District. The member shall endorse over to the District, providing he files any and all wage and salary benefits awarded to the member by the Ohio Workers’ Compensation system which extend over the same time period for Workers Compensation which the member is granted injury leave. In compliance with the Rules and his injury is approved by Regulations of the Ohio Bureau of Workers' Compensation. Should , a claim member shall execute a written agreement reflecting the provisions of this paragraph prior to an award of injury leave. Section 24.3 Medical documentation Supporting documentation, and a report of the cause of all injuries, whether original or recurrent must be disallowed submitted by the Ohio employee to the Fire Chief and Fire Board within a reasonable time following the employee's consultation with his/her physician. The employee shall consult with his/her physician within a reasonable period of time after the injury occurs. [Such initial documentation may be supplemented subsequent to initial submission.] Signatures of the employee's immediate supervisor, Fire Chief or designee, and the Appointing Authority are required thereafter, for submission of the claim to the District Fire Board. Section 24.4 Program Requirements No employee is to be granted injury leave with pay unless the Fire Board has in his/her possession written authorization signed by the Fire Chief or designee. Such authorization shall indicate the approximate length of the leave, and no injured employee on leave shall be returned to work without the written approval of an attending physician. An employee on injury leave shall maintain biweekly verbal contact with the Fire Chief or designee during the period of time he/she is injured. This requirement may be modified in writing by the Fire Chief or designee for extended leaves. Notification of the employee's return to work to the Fire Chief may be done at least seven (7) days prior to the expected return to work date to reconfirm that date. No injury leave payments shall be made to any employee who is actually working for another employer during the employee's regular shift, or where such work involves or requires the performance of the same or similar duties as those regularly performed by the employee, or where the job involves duties and/or physical demands which would conflict with the medical condition. Whenever an employee is required to stop working because of an injury or other service- connected disability, he/she shall be paid for the remaining hours of that day, or shift, at his/her regular rate and such time shall not be charged to leave of any kind. Section 24.5 Appeal Any injured employee denied injury leave or the re-occurrence of the same injury by the Fire Chief or his Designee, may within a reasonable time period, appeal the decision of the District Fire Board or by written notice, to the Board of Industrial Relations within ten (10) calendar days of notification of the injury leave denial decision. The Board of Industrial Relations at the Districts expense may require an employee to be examined by a physician of the Board's choice. Section 24.6 Decision Pending Pending a decision by the Fire Chief or designee, an injured employee may be carried on personal sick leave with pay which shall be restored to his/her credit upon certification by the District Fire Board, that injury leave has been approved; except that when an employee is injured, and the Fire Chief can establish that the injury occurred during the employee's hours of work for the District, the employee may be carried on injury leave with pay pending certification that injury leave has been approved. If injury leave is not certified, the employee will be charged sick leave for time used. Section 24.7 Time Off Time off for the purpose of medical examinations including examinations by the Bureau of Worker's Compensation for an injuryCompensation, any payment made by and/or treatments resulting from injury on the City prior to such determination by the Ohio Bureau of Workers' Compensation job, shall be deducted charged to injury leave. Injury leave shall be allowed for actual time spent (including travel time) for scheduled physician appointments and/or treatment resulting from the employee's leave credits commencing with sick leave first He must also agree to assign the Employer those sums of money he would ordinarily receive as his weekly compensation as determined by law for those number of weeks he receives benefits under this Article. 17.02 If at the end of this ninety (90) day period the employee is still disabledan on-the-job injury. Upon written request, the leave may, at the Employer's discretion, be extended for additional ninety (90) calendar day periods, or parts thereof. 17.03 The Employer Fire Chief shall have the right authority to require allow earned, unused vacation periods to carry over into the next calendar year at his discretion for the employee unable to have use vacation while on approved leave of absence. Section 24.8 Light Duty When a physical exam by a physician appointed by the Employer resulting in the physician's certification that the employee is Fire fighter unable to work due to the injury as a job-related disabling 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. 17.04 Nothing in this article will prohibit the employer, at its discretion, from assigning transitional duties to an employee currently on an approved injury leave, provided those duties are such that the employee can perform in light of the employee’s injury. As approved examined by a physician, the employee will first be offered light duty on his or her regularly scheduled shift. If an employee is offered transitional duty certified medical doctor and declines, the employee will forfeit receiving any further compensation from the City while on injury leave. 17.05 For an employee found to be placed on paid leavefit to return to duty in a capacity less than normally performed, he/she must provide a doctor's note or certificate indicating that all time missed is due may be returned to the work-related injury. 17.06 Employees returning from injury leave must provide a doctor's note or certificate indicating duty performing light duty provided that the employee is able Department has light duty work available. Assignment to return to worklight duty shall be at the sole discretion of the Fire Chief. Any Fire fighter or Officer placed on light or restricted duty, 5 calendar days or more, shall work an eight (8) hour day, forty (40) hour work week, beginning at 0800. 17.07 Once an employee receives a doctor's approved return to work, no paid injury leave will be permitted for further time off unless the employee re-injures themselves pursuant to Article 17.01. 17.08 An employee shall not engage in employment with an employer other than the City while on paid injury leave, unless said employment is approved by the Employer. The Employer shall not unreasonably withhold approval for outside employment. Engaging in unapproved outside employment while on paid injury leave from the City may result in discipline.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

INJURY LEAVE. 17.01 When an employee is injured in Section 36.1: Upon approval of the line Board of duty, while actually working for the Employer, necessitating his absence from work he shall be eligible for a paid leave from the date of injury not to exceed ninety (90) calendar days, providing he files for Workers Compensation and his injury is approved by the Ohio Bureau of Workers' Compensation. Should a claim be disallowed by the Ohio Bureau of Worker's Compensation for an injuryControl, any payment made by the City prior to such determination by employee who qualifies for disability or medical payments through the Ohio Bureau of Workers' Compensation for an injury incurred in the line of duty shall be deducted entitled to receive his normal pay from the City during the first sixty (60) calendar days of such injury, without any loss of accumulated sick leave time. The employee will be required to sign a Salary Continuation Agreement that will be forwarded to the Ohio Bureau of Compensation. The Board of Control will review and decide before the 50th day for additional salary continuation. Section 36.2: If the employee returns to work prior to expiration of the original sixty (60) calendar day period and then is disabled at a later date due to the same injury he may use the unused portion of the sixty (60) calendar day period provided he has properly filed his claim for such recurrence with the Industrial Commission. Section 36.3: In the event the Bureau of Workers' Compensation should deny any claims as not being sustained in the course of and arising out of employment or related to an old injury, disability pay charged to injury leave days will be charged against the employee's leave credits commencing with accumulated sick leave. In the event the employee does not have sufficient accumulated sick leave first He must also agree to assign cover the Employer those sums period of money he would ordinarily receive absence, the employee shall be personally liable for refunding to the City all amounts received as his weekly compensation as determined by law for those number of weeks he receives benefits under this Articleinjury leave pay. Holidays which occur during the injury leave days which are subsequently disallowed shall not be charged against the employee's sick leave accumulation. 17.02 If at Section 36.4: It is the end responsibility of this ninety (90) day period the employee is still disabled, the leave may, at the Employer's discretion, be extended for additional ninety (90) calendar day periods, or parts thereof. 17.03 The Employer shall have the right to require the employee to have make a physical exam by a physician appointed by the Employer resulting in the physician's certification that the employee is unable to work due written request 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. 17.04 Nothing in this article will prohibit the employer, at its discretion, from assigning transitional duties to an employee currently on an approved injury leave, provided those duties are such that the employee can perform in light of the employee’s injury. As approved by a physician, the employee will first be offered light duty on his or her regularly scheduled shift. If an employee is offered transitional duty and declines, the employee will forfeit receiving any further compensation from the City while on Payroll/Personnel for injury leave. 17.05 For Section 36.5: Any employee, after one (1) year of continuous service, who is permanently Section 36.6: In the event an employee to be placed on paid leaveofficer sustains a minor injury in the course of his employment and such minor injury requires medical treatment, he/she must provide a doctor's note or certificate indicating that all time missed is due to the work-related injury. 17.06 Employees returning from injury leave must provide a doctor's note or certificate indicating that the employee is able to return to work. 17.07 Once an employee receives a doctor's approved return to work, no paid injury leave will be permitted for further time off unless the employee re-injures themselves pursuant to Article 17.01. 17.08 An employee shall not engage in employment with an employer other than the City while on paid injury leave, unless said employment is approved by the Employer. The Employer shall not unreasonably withhold approval for outside employment. Engaging in unapproved outside employment while on paid injury leave from the City may result request the opportunity to pay for such medical treatment out of the City's fund(s). In the event the employee agrees, the employee shall be given a written acknowledgement that the injury was sustained in disciplinethe course of and arising out of employment and shall be eligible for injury leave under Article 36.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

INJURY LEAVE. 17.01 When an employee is injured in the line of duty, while actually working for the Employer, necessitating his absence from work he (A) On-The-Job Injuries. All employees shall be eligible allowed injury leave with pay up to a maximum of sixty (60) workdays per calendar year for a paid leave from the date of injury on-the-job injuries, not to exceed ninety a total of one hundred twenty (90120) workdays per injury. The one hundred twenty (120) day total shall apply to injury leave taken on or after April 1, 1990, and any injuries (and any recurrences of the same injuries) occurring prior to January 1, 2010. Any injury leave which is granted for reasons permissible under an FMLA leave as provided in Section 14.9 shall be charged as an FMLA leave and shall be subject to the twelve (12) week per year limitation for the length of an FMLA leave. For all injuries that occur on or after January 1, 2010, all full-time and part- time employees shall be allowed injury leave with pay up to a maximum of forty (40) workdays per calendar daysyear for on-the-job injuries, providing he files not to exceed a total of eighty (80) workdays per injury, for Workers Compensation on-the-job injuries that meet the requirements set forth in this Article. The eighty (80) day total shall apply to injuries (and his any recurrences of the same injuries) occurring on or after January 1, 2010. Injuries must be reported to the employee's immediate supervisor no more than two (2) working days after such injury is approved by the Ohio Bureau known. If an employee who has been granted injury leave does not begin receiving payments in lieu of Workers' Compensation. Should a claim be disallowed by the Ohio Bureau of Worker's Compensation for an injury, any payment made by the City prior to such determination by wages from the Ohio Bureau of Workers' Compensation by the time the injury leave has been exhausted, and the employee has a claim filed under the Ohio Bureau of Workers' Compensation laws for such payment, then the City shall be deducted continue to pay the employee seventy-two percent (72%) or sixty-six and 2/3 percent (66 2/3%), whichever is applicable, of his/her wages until such time as payments from the employee's leave credits commencing with sick leave first He must also agree to assign Bureau are received or the Employer those sums of money he would ordinarily receive as his weekly compensation as determined by law for those number of weeks he receives benefits under this Article. 17.02 If at the end of this ninety (90) day period the employee claim is still disabled, the leave may, at the Employer's discretion, be extended for additional ninety (90) calendar day periods, or parts thereof. 17.03 The Employer shall have the right to require the employee to have a physical exam by a physician appointed denied by the Employer resulting in Industrial Commission of Ohio. In any instance of double payment by both the physician's certification that City and the employee is unable to work due to Bureau for 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 same day or not, but shall not govern whether the injury was duty related. 17.04 Nothing in this article will prohibit the employer, at its discretion, from assigning transitional duties to an employee currently on an approved injury leave, provided those duties are such that the employee can perform in light of the employee’s injury. As approved by a physiciandays, the employee will first be offered light duty on his or her regularly scheduled shift. If an employee is offered transitional duty and declines, the employee will forfeit receiving any further compensation from shall provide full reimbursement to the City while on injury leavein a prompt manner. 17.05 For an employee to be placed on paid leave, he/she must provide a doctor's note or certificate indicating that all time missed is due to the work-related injury. 17.06 Employees returning from injury leave must provide a doctor's note or certificate indicating that the employee is able to return to work. 17.07 Once an employee receives a doctor's approved return to work, no paid injury leave will be permitted for further time off unless the employee re-injures themselves pursuant to Article 17.01. 17.08 An employee shall not engage in employment with an employer other than the City while on paid injury leave, unless said employment is approved by the Employer. The Employer shall not unreasonably withhold approval for outside employment. Engaging in unapproved outside employment while on paid injury leave from the City may result in discipline.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

INJURY LEAVE. 17.01 When an employee is injured In the event of a job-related injury or occupational illness incurred in the line active discharge of duty, while actually working for which illness or injury is not the Employerresult of horseplay, necessitating his absence from work he self-infliction or negligence by the employee, the Employer shall be eligible grant the employee, beginning on the eighth (8th) day of absence, full pay for a paid leave from the date of injury period not to exceed ninety sixty (9060) calendar days, providing he files . This period may be extended for Workers Compensation and his an additional period of up to sixty (60) days at the discretion of the Employer. Any employee claiming a job-related illness or injury is approved by under this Article shall file an injury claim with the Ohio Bureau of Workers' ’ Compensation within ten (10) days of the job related injury or occupational illness or if the employee is incapacitate, as soon as possible, thereafter. Upon approval of the injury claim by Workers’ Compensation. Should a claim be disallowed , the employee shall remit to the Employer all income benefits paid by the Ohio Bureau of Worker's Workers’ Compensation for an injurythe period during which the employee received full pay from the Employer. In the event the claim is denied by Workers’ Compensation, any payment made by the City prior employee shall revert to such determination by the Ohio Bureau of Workers' Compensation sick leave status, and shall be deducted from the employee's leave credits commencing charged with sick leave first He must also agree to assign the Employer those sums of money he would ordinarily receive as his weekly compensation as determined by law and/or vacation for those number of weeks he receives benefits under this Article. 17.02 If at the end of this ninety (90) day period the employee is still disabled, the leave may, at the Employer's discretion, be extended for additional ninety (90) calendar day periods, or parts thereof. 17.03 The Employer shall have the right to require the employee to have a physical exam by a physician appointed all time paid by the Employer resulting in the physician's certification that the employee is unable to work due to for the injury as a condition precedent to leave claim. In 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. 17.04 Nothing in this article will prohibit the employer, at its discretion, from assigning transitional duties to event an employee currently on an approved injury leave, provided those duties are such that the employee can perform in light of the employee’s injury. As approved by a physician, the employee will first be offered light duty on his or her regularly scheduled shift. If an employee is offered transitional duty and declines, the employee will forfeit receiving any further compensation from the City while on injury leave. 17.05 For an employee to be placed on has no accumulated paid leaveleave time, he/she must provide a doctor's note may be placed on approved unpaid leave and such employee will be held responsible to pay back any compensation received but not earned. It is understood and agreed that the Employer’s obligation under this Article is only or certificate indicating that all time missed is due the difference between the employee’s regular rate of pay and the amount of income benefits to the work-related injury. 17.06 Employees returning employee from Workers’ Compensation, and is not in lieu of Workers’ Compensation. A partially disabled employee who is eligible for injury leave must provide a doctor's note or certificate indicating that under this Article may be required by the employee is able Employer to return to work. 17.07 Once an employee receives a doctor's approved return to perform limited duty work, no paid injury leave will subject to the limitations set, and approval by, the employee’s physician, and the availability of such limited duty work. Assignments hereunder shall be permitted for further time off unless solely within the employee re-injures themselves pursuant to Article 17.01. 17.08 An employee shall not engage in employment with an employer other than the City while on paid injury leave, unless said employment is approved by discretion of the Employer. The Employer shall not unreasonably withhold approval for outside employment. Engaging in unapproved outside employment while on paid injury leave from the City may result in discipline.

Appears in 2 contracts

Samples: Labor Agreement, Labor Agreement

INJURY LEAVE. 17.01 When an employee is injured in the line of duty, while actually working for the Employer, necessitating his absence from work he SECTION 23.1. All full-time employees covered by this Agreement shall be eligible for a paid allowed injury leave with pay not to exceed twelve (12) months from the date of the Administrative approval for each service connected injury not in the course of and arising out of employment with the City. SECTION 23.2. When an injury occurs, the injured employee shall do the following: A. Report the injury as soon as is practical to exceed ninety a supervisor, but in no case later than one full work day following the injury, except where incapacity would prevent the ability to report. B. Complete and submit to the Department Director an Incident Report Form, the First Report of Injury (90FROI) calendar daysdocument and the Medical Information Release form. SECTION 23.3. Upon receipt of a report of injury, providing he files for Workers Compensation and his the City Administration shall make an initial decision, either that the injury is approved by a service connected injury compensable under this Article, or that the Ohio Bureau of Workers' Compensation. Should injury is not a claim be disallowed by the Ohio Bureau of Worker's Compensation for an injury, any payment made by the City prior to such determination by the Ohio Bureau of Workers' Compensation shall be deducted from the employee's leave credits commencing with sick leave first He must also agree to assign the Employer those sums of money he would ordinarily receive as his weekly compensation as determined by law for those number of weeks he receives benefits service connected injury compensable under this Article. 17.02 SECTION 23.4. If at the end City Administration deems the injury to be a service connected injury, the employee shall be placed on injury leave with pay commencing with the first full day of this ninety (90) day period absence caused by the injury. No other form of leave will be charged while an employee is on injury leave. SECTION 23.5. If the City Administration deems the injury not to be service connected and the employee is still disabledunable to work, the leave may, at the Employer's discretion, be extended for additional ninety (90) calendar day periods, or parts thereof. 17.03 The Employer employee shall have the right to require use any other leave available for other illness or disability. SECTION 23.6. The City shall report the employee to have a physical exam by a physician appointed by the Employer resulting in the physician's certification that the employee is unable to work due injury to the injury as a condition precedent to Ohio Bureau of Workers Compensation (BWC). SECTION 23.7. After the employee receiving any benefits under this Article. The designated physician's opinion shall govern whether initial decision of the employee is actually disabled or notCity administration, but shall not govern the determination of whether the injury was duty relatedis compensable under the terms of this Article will depend exclusively on the decision of the BWC and any appellate decisions upholding, modifying, or reversing a decision of the BWC. 17.04 Nothing in this article SECTION 23.8. If BWC determines that the injury is work-related, the employee will prohibit be carried on Injury Leave with Pay until he/she is either capable of performing his/her duties or until the employertwelve (12) month period expires. SECTION 23.9. If BWC determines that the injury is not work-related, at its discretionthe hours used for injury leave with pay by the employee will be charged against his/her sick leave balance. If the employee has used all of his sick leave, from assigning transitional duties other forms of leave will be used to an employee currently on an approved cover those days or charged against future sick leave or vacation leave accruals. If the Administration has denied injury leave, and the lost time has been charged to sick leave, and BWC determines that the injury is work-related, the employee’s sick leave used shall be restored and the time charged to injury leave, provided those duties are such the employee endorses over to the City any checks received from BWC to compensate the employee for lost work time, or pays to the City an amount equal to the compensation received from BWC. SECTION 23.10. An employee requesting or receiving injury leave pay shall submit to examination by a physician or other medical service provider, selected by the City, upon reasonable request of the City. Upon request of the City, an Employee shall provide medical information from the Employee’s treating physician or medical service provider as to the nature of the Employee’s injury, the extent of disability, the prognosis for recovery, and the anticipated time period that the employee can perform in light disability will prevent the Employee from returning from to work. SECTION 23.11. Injury leave with pay shall terminate upon any one of the employee’s injuryfollowing events: A. Twelve months have lapsed since the injury was administratively approved; B. the BWC determines that the injury is not compensable, or C. The Employee is no longer disabled. SECTION 23.12. As approved by a No Employee shall return to work from injury leave without the approval of the City physician, the employee will first be offered light duty on his or her regularly scheduled shift. If the Employee’s physician releases the Employee to return to work and the City’s physician does not agree, a third physician shall be selected by agreement of the Employee’s physician and the City’s physician. The determination by the third physician shall bind both parties. SECTION 23.13. Whenever an employee is offered transitional has been injured on duty and declines, the employee will forfeit receiving any further compensation from the City while on injury leave. 17.05 For an employee is required to be placed on paid leave, he/she must provide a doctor's note or certificate indicating leave work that all time missed is due to the day because of that work-related injury, he or she shall be paid for the remaining hours of that workday, or shift, at his or her regular rate. Such time shall not be charged to leave of any kind. 17.06 Employees returning from injury leave must provide a doctor's note or certificate indicating that the employee is able to return to work. 17.07 Once an employee receives a doctor's approved return to work, no paid injury leave will be permitted for further time off unless the employee re-injures themselves pursuant to Article 17.01. 17.08 SECTION 23.14. An employee shall not engage in employment with receive vacation, holiday or sick leave pay during an employer other than the City while on paid injury leave, unless said employment is approved by the Employer. The Employer shall not unreasonably withhold approval for outside employment. Engaging in unapproved outside employment while on paid injury leave from the City may result in disciplinewith pay.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

INJURY LEAVE. 17.01 When In addition to sick leave as provided in this agreement an employee shall receive injury leave for any injury received within the scope of their employment. A. In the event an employee is physically injured or suffers an illness in the line discharge or performance of dutyhis official duties, while actually working with the exception of gross negligence or intentional self-injury, and is unable to perform either his regular assigned duties or those duties assigned by the Chief of the Fire & EMS Division or such light duty work as allowed by the employee’s treating physician and approved by the Employer as in its best interest, such employee may receive as injury leave compensation his regular base pay for the Employerfirst sixty (60) consecutive calendar days because of and immediately following the on-the-job injury or illness; provided, necessitating his absence from work he shall be eligible for however at the time of the injury and in no event later than one (1) day following the occurrence that gave rise to the injury, the employee notifies an appropriate supervisor of the injury and, unless hospitalized, within three (3) days of the occurrence, provides the employer a paid leave from physician’s statement stating the nature of the injury, limitations on the employee’s ability to work, and, an expected date of injury not return to exceed ninety work. At the end of the first sixty (9060) consecutive calendar days, providing he files for Workers Compensation and his injury is approved by if in the Ohio Bureau opinion of Workers' Compensation. Should a claim be disallowed by the Ohio Bureau of Worker's Compensation for an injury, any payment made by the City prior to such determination by the Ohio Bureau of Workers' Compensation shall be deducted from the employee's leave credits commencing with sick leave first He must also agree to assign the Employer those sums of money he would ordinarily receive as his weekly compensation as determined by law for those number of weeks he receives benefits under this Article. 17.02 If at the end of this ninety (90) day period ’s physician the employee is still disabledunable to return to work, the leave mayCity Manager, at the Employer's in his sole discretion, may grant an additional sixty (60) consecutive calendar days of injury leave in unusual or extraordinary circumstances. The injury leave under this section shall be extended for additional ninety (90) calendar day periods, or parts thereof. 17.03 The Employer shall have used before using the right to require accumulation authorized by Section 124.38 of the employee to have a physical exam by a physician appointed Ohio Revised Code; it is also fully paid by the Employer resulting and is in the physician's certification that the lieu of Workers’ Compensation. An employee is unable to work due who applies for injury leave will apply to the injury as a condition precedent to the employee receiving any Bureau of Workers’ Compensation (BWC) for medical benefits under this Article. The designated physician's opinion shall govern whether the employee is actually disabled or not, but shall only and not govern whether the injury was duty relatedlost income benefits. 17.04 Nothing in this article will prohibit the employer, at its discretion, from assigning transitional duties to an employee currently on an approved injury leave, provided those duties are such that the employee can perform in light of the employee’s injury. As approved by a physician, the employee will first be offered light duty on his or her regularly scheduled shift. B. If an employee is offered transitional duty and declineshospitalized immediately following the injury, he shall submit the physician statement within three (3) days after his dismissal from the hospital to the employer. C. If an employee does not notify the employer, as provided above, the employee will forfeit receiving any further compensation from first five (5) shifts off work because of the City while on on-the-job injury shall be charged as sick leave. 17.05 For D. If an employee to be placed sustains an on paid leave, he/she must provide a doctor's note or certificate indicating that all time missed is due to the work-related injury. 17.06 Employees returning from injury leave must provide a doctor's note or certificate indicating that the employee is able to return to work. 17.07 Once an employee receives a doctor's approved return to work, no paid injury leave will be permitted for further time off unless the employee job re-injures themselves pursuant to Article 17.01. 17.08 An employee shall not engage in employment with an employer other than injury or aggravation of prior on-the-job injury, the City while on paid injury leave, unless said employment is approved by the Employer. The Employer shall not unreasonably withhold approval for outside employment. Engaging in unapproved outside employment while on paid injury leave from the City may result in discipline.first five

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

INJURY LEAVE. 17.01 When an employee is injured Section 1. All regular full-time City employees shall be entitled to injury leave with pay, less any Worker's Compensation weekly salary benefits which he/she may be awarded by the Ohio Industrial Commission (OIC), for a period not to exceed 30 consecutive working days for employees working a 40-hour workweek for each injury incurred in the line performance of dutyemployment duties with the City, while actually working for provided that the Employerfollowing procedures are followed: A. In all cases of personal injury to any regular full-time City employee as a result of the performance of employment duties, necessitating his absence the employee shall complete an accident/injury investigation form and in conjunction with his/her Department Head shall report such injury to the Assistant City Manager immediately and ensure that a claim is filed with the OIC. B. In the event that time off from work he shall is required by the injured employee, they will be eligible for a paid granted injury leave from the date first day of injury not to exceed ninety (90) calendar days, providing he files for Workers Compensation and his injury is approved by the Ohio Bureau of Workers' Compensation. Should a claim be disallowed by the Ohio Bureau of Worker's Compensation for an injury, any payment made by if the proper documentation is submitted to the City prior to such determination by the Ohio Bureau of Workers' Compensation shall Delaware. This documentation will include, but not be deducted limited to, a statement from the employee's leave credits commencing physician, an Agreement covering Compensation Reimbursement, any necessary OIC forms and other documents as may be required by the City. In the event that the OIC determines that the injury is NOT employment related, any time the employee is, or has been, absent from work shall be deducted first from any accrued sick leave, then accrued vacation, or accrued compensatory time off, other than compensatory time for overtime worked. C. During the period of time an injured employee is being paid under this policy, all normal benefits given to regular full-time City employees shall remain in force with no deductions to earned sick leave first He must also agree and/or vacation time. D. The City Manager may extend such leave if such necessity is determined to assign the Employer those sums of money he would ordinarily receive as his weekly compensation as determined by law for those number of weeks he receives benefits his/her satisfaction. Each employee requesting such an extension under this Articlepolicy may be required to furnish a current affidavit from a licensed physician setting forth the need for the extension. 17.02 If at E. Both parties agree that during the end life of this ninety (90) day period the employee is still disabledagreement, the leave mayCity shall negotiate a Transitional Work Program. If the parties come to impasses, at the Employer's discretionissue shall be put to an arbitrator, be extended for additional ninety (90) calendar day periods, or parts thereof. 17.03 The Employer shall have the right to require the employee to have a physical exam by a physician appointed mutually selected by the Employer resulting in the physician's certification 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 notparties, but shall not govern whether the injury was duty relatedfor final and binding arbitration. 17.04 Nothing in this article will prohibit the employer, at its discretion, from assigning transitional duties to an employee currently on an approved injury leave, provided those duties are such that the employee can perform in light of the employee’s injury. As approved by a physician, the employee will first be offered light duty on his or her regularly scheduled shift. If an employee is offered transitional duty and declines, the employee will forfeit receiving any further compensation from the City while on injury leave. 17.05 For an employee to be placed on paid leave, he/she must provide a doctor's note or certificate indicating that all time missed is due to the work-related injury. 17.06 Employees returning from injury leave must provide a doctor's note or certificate indicating that the employee is able to return to work. 17.07 Once an employee receives a doctor's approved return to work, no paid injury leave will be permitted for further time off unless the employee re-injures themselves pursuant to Article 17.01. 17.08 An employee shall not engage in employment with an employer other than the City while on paid injury leave, unless said employment is approved by the Employer. The Employer shall not unreasonably withhold approval for outside employment. Engaging in unapproved outside employment while on paid injury leave from the City may result in discipline.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

INJURY LEAVE. 17.01 When Section 25.1. In the event an employee is injured sustains an injury, compensable for lost time under Workers’ Compensation, while in the line proper performance of dutythe employee’s assigned job duties, while actually working for the Employer, necessitating his absence from work he shall be eligible employee will receive full pay during the resulting period of disability for a paid leave from the date of injury period not to exceed ninety (90) consecutive calendar days, providing he files commencing with the date of such injury, subject to the following conditions: A. The employee shall immediately notify the supervisor and submit a completed Employee Injury Report to the supervisor within twenty-four (24) hours of the injury or, if unable to do so, the employee’s immediate supervisor may submit the report. B. The employee shall file an application for Workers Workers’ Compensation benefits for the period of time disabled, as certified by a physician. The employee may be asked to file with BWC for medical benefits only and his not for loss of wages. The employee waives no rights under BWC allowable by law. C. The employee shall execute an appropriate Workers’ Compensation Agreement Form thereby assigning all Workers’ Compensation benefits directly to the Employer. Such assignment shall be executed simultaneously with the employee’s submission of the injury is approved leave request and A and B above. D. The employee shall endorse to the Employer all compensation benefits paid by the Ohio Bureau of Workers' ’ Compensation for the period during which the employee receives full pay from the Employer. E. The employee shall be placed on sick leave, subject to the provisions of the Sick Leave Article contained herein, until notification is received from the Bureau indicating whether or not the claim is compensable for lost time. If the employee’s claim is deemed compensable for lost time under Workers’ Compensation, the Employer will recredit the sick leave hours used during said period. If the employee’s claim is denied, the employee shall be deemed ineligible for injury leave benefits; therefore, sick leave hours used during said period will not be recredited. Employees are prohibited from receiving payment for sick leave or injury leave while simultaneously retaining payment from Workers’ Compensation. F. During such period of compensable injury, the Employer may require the employee to perform any duties then available within the limitations of the employee’s injury or resulting disability. Should the employee return to work in a claim transitional work assignment, the employee will be disallowed by compensated at his normal biweekly rate of pay. G. Injury leave shall terminate immediately if the Ohio Bureau employee resigns, accepts other employment, or becomes self-employed during the period of Worker's Compensation for an injury, any payment made by the City prior to such determination by the Ohio Bureau of Workers' Compensation injury leave. H. Situations shall be deducted from the employee's leave credits commencing with reviewed on a case by case basis on any employee who sustains an injury which is compensable for lost time under Workers’ Compensation and does not have any sick leave first He must also agree to assign the Employer those sums of money he would ordinarily receive as his weekly compensation as determined by law for those number of weeks he receives benefits under this Articleor vacation leave available. 17.02 If at I. Should an employee’s period of disability extend beyond the end of this ninety (90) day eligibility period for injury leave, employees may elect to use accrued sick leave for lost time while awaiting receipt of payment from the Bureau of Workers’ Compensation. Section 25.2. To be eligible for injury leave, the employee is still disabled, shall first execute a Release of Information Form which will authorize the leave may, at Employer to examine the Employer's discretion, be extended for additional ninety (90) calendar day periodsemployee’s medical records and receive requested reports from the employee’s physician(s). Section 25.3. An employee requesting, or parts thereof. 17.03 The Employer shall have the right on, injury leave may be required to require the employee submit to have a physical exam examination conducted by a physician appointed or physicians selected by the Employer resulting in for the physician's certification that purpose of establishing 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. 17.04 Nothing in this article will prohibit the employer, at its discretion, from assigning transitional duties to an employee currently on an approved injury leave, provided those duties are such that the employee can perform in light validity of the employee’s injuryclaim for injury leave and subsequent benefits as provided for in this Article. Section 25.4. As approved by a physician, Employees on Injury Leave shall receive their regular hourly or weekly rate for the employee will first be offered light duty on his or her regularly scheduled shift. If an employee is offered transitional duty and declines, the employee will forfeit receiving any further compensation from the City while period of time they are on injury leave. 17.05 For an employee to be placed on paid leave, he/she must provide a doctor's note or certificate indicating that all time missed is due to Section 25.5. Employees are responsible for providing the work-related injury. 17.06 Employees returning from injury leave must provide a doctor's note or certificate indicating that the employee is able to return to work. 17.07 Once an employee receives a doctor's approved return to work, no paid injury leave will be permitted for further time off unless the employee re-injures themselves pursuant to Article 17.01. 17.08 An employee shall not engage in employment Employer with an employer other than the City while on paid injury leave, unless said employment is approved by the Employer. The Employer shall not unreasonably withhold approval for outside employment. Engaging in unapproved outside employment while on paid injury leave from the City may result in disciplineexpected date of return.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

INJURY LEAVE. 17.01 When A. Injury leave may be granted by the City Manager in lieu of Worker’s Compensation lost income benefits. Such leave may be granted to an employee is injured who becomes unable to perform his or her job duties due to an injury or illness that occurs in the line discharge or performance of dutyhis or her official duties (job related injury or illness), while actually working except where such injury or illness is the result of causes which would result in disqualification under applicable Workers Compensation standards. The City shall review the employee’s status at periodic (30-60 day) intervals and may at its option cause the employee to activate his Workers Compensation claim for lost wages and terminate further injury leave payments by the EmployerCity. In that event the employee may supplement workers compensation payments received with use of the employee’s accrued ESL provided that the employee’s total compensation from ESL and workers compensation shall not exceed his then current equivalent pay rate. B. Should an employee suffer a job related injury or illness he or she shall immediately report the incident to his or her supervisor unless physically unable to do so (eg., necessitating hospitalization), and his absence from work he or her supervisor shall notify the Fire Chief and complete a Report of Injury/Illness Form. This report shall be eligible for completed, regardless of the apparent seriousness of the job related injury or illness, and regardless whether medical attention is required. Such report shall be forwarded to the Fire Chief and HR Administrator no later than twenty four (24) hours after being reported by the employee. An employee who suffers a paid leave from job related injury or illness may be required by the date Fire Chief to see a medical care provider. (See Section C below regarding immediate reporting of serious accidents.) C. Should the Fire Chief require it or should an employee’s job related injury not or illness require medical attention, a Workers’ Compensation medical claim form shall be completed by the attending physician. This completed report should be forwarded to exceed ninety (90) calendar days, providing he files for Workers Compensation and his injury is approved by the Ohio Bureau of Workers' Compensation’ Compensation through the HR Administrator. D. In the event of serious job related injury or illness, the injured employee’s supervisor shall notify the Fire Chief and HR Administrator immediately, so that, if necessary, an investigation may be initiated. E. The Fire Chief must be advised and continually updated if an employee continues to be absent due to a work-related injury. Employees are responsible for providing their expected date of return to work (if known). F. Any documents received from the injured employee, his or her medical care provider or the State, regarding a Workers’ Compensation claim must be immediately forwarded to the HR Administrator. G. Employees who suffer a job related injury or illness who are unable to continue working shall be paid at their regular rate of pay, for the balance of time left in their scheduled work shift. H. Provided an employee is eligible for lost time worker's compensation benefits the injured employee shall receive "Injury Leave Benefits" equal to his wage benefits for a period not to exceed 90 calendar days for each industrial injury or occupational disease. Weekly "injury leave benefits" will not be charged against a bargaining unit member's accumulated ESL. Should a claim the disability exceed the 90 day injury leave benefit, the bargaining unit member will be disallowed by in the Ohio Bureau receipt of Worker's Compensation for an injurybenefits and may at his option, any payment made by the City prior elect to such determination by the Ohio Bureau receive supplemental benefits equal to 33 1/3% of Workers' Compensation his base pay. Such supplemental benefits paid shall be deducted from charged against the employee's leave credits commencing with sick leave first He must also agree to assign the Employer those sums of money he would ordinarily receive as his weekly compensation as determined by law for those number of weeks he receives benefits under this Article. 17.02 If accumulated ESL at the end rate of this ninety (90) 1/3 day period for each day of supplemental benefits paid until all accumulated ESL of the employee is still disabledused. Thereafter, no additional supplemental benefit shall be paid. During the time a bargaining unit member is receiving "injury leave may, at the Employer's discretion, benefits" he shall sign an agreement to be extended for additional ninety (90) calendar day periods, or parts thereof. 17.03 The Employer shall have the right to require the employee to have a physical exam by a physician appointed furnished by the Employer resulting assigning to the Employer any and all benefits he shall receive from Worker's Compensation for the period "injury leave benefits" are received and further stating that in the physicianevent he is finally determined not to be eligible for Worker's certification that Compensation benefits, he will reimburse the employee Employer for all "injury leave benefits" paid. The reimbursement may be accomplished by the equivalent reduction of accrued of ESL, if available. I. In the case of injuries where there is unable to work due a question as to the circumstances, employees may use any combination of paid or unpaid leave during the absence. At the time of injury as a condition precedent or illness is determined to be job-related by the employee receiving any benefits under this Article. The designated physician's opinion shall govern whether Bureau of Worker’s Compensation/Industrial Commission and the employee City has elected to not appeal or the appeal process is actually disabled or notexhausted, but shall not govern whether the injury was duty related. 17.04 Nothing in this article will prohibit the employer, at its discretion, from assigning transitional duties to an employee currently on an approved injury leave, provided those duties are such that the employee can perform in light of the employee’s injuryleave will be restored and injury leave substituted for the time absent, consistent with paragraph H. J. Family and Medical leave will begin on the first day of injury leave for eligible employees. As approved by City contributions toward the cost of benefits shall be maintained during injury leave. Requests for additional injury leave will be considered on a case-by-case basis. K. An employee returning from leave may be required to provide a physician, the employee will first be offered light duty on ’s certification of his or her regularly scheduled shift. If an employee is offered transitional duty and declines, the employee will forfeit receiving any further compensation from the City while on injury leave. 17.05 For an employee to be placed on paid leave, he/she must provide a doctor's note or certificate indicating that all time missed is due to the work-related injury. 17.06 Employees returning from injury leave must provide a doctor's note or certificate indicating that the employee is able ability to return to work. 17.07 Once an employee receives L. Employees may be required to submit to medical and/or psychological examination in order to determine the employee’s capability to perform the essential functions of the employee’s position with or without reasonable accommodation. Such examination shall be conducted by a doctor's approved return to work, no licensed practitioner chosen by the City. The cost of such examination shall be paid injury leave will be permitted for further time off unless by the City. If the employee re-injures themselves pursuant to Article 17.01. 17.08 An disagrees with the results of a mental or physical examination, the employee may, at his/her own expense, obtain an examination and opinion from his/her own personal physician and if the respective results of the examination and/or opinion differ, the respective physicians shall not engage in employment with an employer other than select a third physician who shall examine the employee and render the final decision which shall be binding on both parties. The expense of the third physician shall be split by the City while on paid injury leave, unless said employment is approved by the Employer. The Employer shall not unreasonably withhold approval for outside employment. Engaging in unapproved outside employment while on paid injury leave from the City may result in disciplineand employee.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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INJURY LEAVE. 17.01 When ‌‌ 27.01 If an employee Employee is injured in while performing his or her assigned duties and is certified by a licensed physician as being unable to work, the line of duty, employee shall receive while actually working for the Employer, necessitating his absence from work he shall be eligible on a disability leave for a paid leave period not to exceed one hundred thirty (130) consecutive working days or six (6) months from the date of injury not such injury, an amount of compensation equivalent to exceed ninety his or her full base salary, less any and all funds or monies received from indemnity for such disability. 27.02 If during the three (903) calendar daysyears following the original date of a disabling injury, providing he files the disability re-occurs (as certified by a licensed physician) the injured Employee shall be compensated as described in paragraph 27.01, above, for Workers Compensation such period or periods of time that remain unused from previous disability pay periods associated with the same injury. 27.03 Any Employee who may be eligible to participate in the benefits of the Public Employees Retirement System of Ohio shall apply for such benefits as may be available and his be payable from such pension fund if a disability will be one of long-term duration. Long-term shall be defined for the purpose of this Agreement to mean a disability in excess of (6) months in duration. 27.04 A medical examination and report, along with follow-up “interim” reports shall be required to determine eligibility for disability leave and for the continuance of said leave. Interim reports shall be required in 2-4 week intervals during the period of disability leave, and shall be provided within five (5) days of the most recent medical examination in order for the Employee to receive this benefit. The doctor’s reports shall contain a statement of the nature of the disability in relation to the Employee’s ability to perform essential work tasks, and type of restriction and limitations on the type of work. While on injury is approved by leave status, the Ohio Bureau of Workers' Compensation. Should a claim be disallowed by the Employee shall comply with all Ohio Bureau of Worker's ’s Compensation (BWC) requirements regarding return to transitional duty during the period of recovery. 27.05 At any time during an injury leave, the City may require the Employee to be examined by a doctor of the City’s choice, paid for an injury, any payment made by the City. The doctor utilized by the City prior will confer with the attending doctor to such determination coordinate and facilitate a timely recovery and return to work by the Ohio Bureau employee. If a disagreement exists between Employee’s and City’s doctors, a third doctor, to be a licensed physician, and to be agreed upon by both the employee and Employer, will examine the Employee and the report of Workers' Compensation the third doctor shall be deducted final. The cost of the third examination shall be paid by the City. 27.06 All work-related injuries or illness shall be reported to the Employee’s appointing authority within twenty-four (24) hours after the Employee first has become aware of the injury or illness, or reactivation of such illness or injury. The Employee shall report to the City’s designated medical service provider within the first twenty-four (24) hours for an initial medical assessment of the injury or condition that may lead to the loss of work. Willfully concealing information of such an 27.07 Following disability from illness or injury, the employee shall give the Employer twenty- four (24) hours advance notice of his or her intent to return to work and shall supply certification from the employee's leave credits commencing with sick leave first He must also agree to assign the Employer those sums of money he would ordinarily receive as his weekly compensation as determined by law for those number of weeks he receives benefits under this Article. 17.02 If at the end of this ninety (90) day period attending physician stating the employee is still disabled, the leave may, at the Employer's discretion, be extended for additional ninety (90) calendar day periods, or parts thereof. 17.03 The Employer shall have the right to require the employee to have a physical exam by a physician appointed by the Employer resulting in the physician's certification 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. 17.04 Nothing in this article will prohibit the employer, at its discretion, from assigning transitional duties to an employee currently on an approved injury leave, provided those duties are such that the employee can perform in light of the employee’s injury. As approved by a physician, the employee will first be offered light duty on his or her regularly scheduled shift. If an employee is offered transitional duty and declines, the employee will forfeit receiving any further compensation from the City while on injury leave. 17.05 For an employee to be placed on paid leave, he/she must provide a doctor's note or certificate indicating that all time missed is due to the work-related injury. 17.06 Employees returning from injury leave must provide a doctor's note or certificate indicating that the employee is able permitted to return to work. 17.07 Once an employee receives a doctor's approved return regular duty assignments, subject to work, no paid injury leave will be permitted for further time off unless the employee re-injures themselves pursuant to Article 17.01. 17.08 An employee shall not engage in employment with an employer other than the City while on paid injury leave, unless said employment is approved review by the Employer. The Employer shall not unreasonably withhold approval for outside employment. Engaging ’s doctor as provided in unapproved outside employment while on paid injury leave from the City may result in disciplineParagraph 27.04 above.

Appears in 1 contract

Samples: Collective Bargaining Agreement

INJURY LEAVE. 17.01 When an employee is injured Section 1. All regular full-time City employees shall be entitled to injury leave with pay, less any Worker's Compensation weekly salary benefits which he/she may be awarded by the Ohio Industrial Commission (OIC), for a period not to exceed 120 working days for employees working a 40-hour workweek for each injury incurred in the line performance of dutyemployment duties with the City, while actually working for provided that the Employerfollowing procedures are followed: A. In all cases of personal injury to any regular full-time City employee as a result of the performance of employment duties, necessitating his absence the employee shall complete an accident/injury investigation form and in conjunction with his/her Department Head shall report such injury to the Department of Administrative Services immediately and ensure that a claim is filed with the OIC. B. In the event that time off from work he shall is required by the injured employee, they will be eligible for a paid granted injury leave from the date first day of injury not to exceed ninety (90) calendar days, providing he files for Workers Compensation and his injury is approved by the Ohio Bureau of Workers' Compensation. Should a claim be disallowed by the Ohio Bureau of Worker's Compensation for an injury, any payment made by if the proper documentation is submitted to the City prior to such determination by the Ohio Bureau of Workers' Compensation shall Delaware. This documentation will include, but not be deducted limited to, a statement from the employee's leave credits commencing physician, an Agreement covering Compensation Reimbursement, any necessary OIC forms and other documents as may be required by the City. In the event that the OIC determines that the injury is NOT employment related, any time the employee is, or has been, absent from work shall be deducted first, from any accrued sick leave, then accrued vacation, or accrued compensatory time off, other than compensatory time for overtime worked. C. During the period of time an injured employee is being paid under this policy, all normal benefits given to regular full-time City employees shall remain in force with no deductions to earned sick leave first He must also agree and/or vacation time. D. In all cases where leave of more than 120 working days for employees working a 40- hour workweek is taken, the City Manager may extend such leave by up to assign the Employer those sums of money he would ordinarily receive as his weekly compensation as an additional 120 working days for employees working a 40-hour workweek, if such necessity is determined by law for those number of weeks he receives benefits to his/her satisfaction. Each employee requesting such an extension under this Articlepolicy may be required to furnish a current affidavit from a licensed physician setting forth the need for the extension. 17.02 If at the end of this ninety (90) day period the employee is still disabled, the leave may, at the Employer's discretion, be extended for additional ninety (90) calendar day periods, or parts thereof. 17.03 The Employer shall have the right to require the employee to have a physical exam by a physician appointed by the Employer resulting in the physician's certification 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. 17.04 Nothing in this article will prohibit the employer, at its discretion, from assigning transitional duties to an employee currently on an approved injury leave, provided those duties are such that the employee can perform in light of the employee’s injury. As approved by a physician, the employee will first be offered light duty on his or her regularly scheduled shift. If an employee is offered transitional duty and declines, the employee will forfeit receiving any further compensation from the City while on injury leave. 17.05 For an employee to be placed on paid leave, he/she must provide a doctor's note or certificate indicating that all time missed is due to the work-related injury. 17.06 Employees returning from injury leave must provide a doctor's note or certificate indicating that the employee is able to return to work. 17.07 Once an employee receives a doctor's approved return to work, no paid injury leave will be permitted for further time off unless the employee re-injures themselves pursuant to Article 17.01. 17.08 An employee shall not engage in employment with an employer other than the City while on paid injury leave, unless said employment is approved by the Employer. The Employer shall not unreasonably withhold approval for outside employment. Engaging in unapproved outside employment while on paid injury leave from the City may result in discipline.

Appears in 1 contract

Samples: Collective Bargaining Agreement

INJURY LEAVE. 17.01 1. In the event an employee becomes disabled by reason of work related injury or illness and is unable to perform his duties, then, in addition to any sick leave benefits otherwise provided herein, he may be entitled to full pay for a period of up to one (1) year provided all conditions of this Section A are met. 2. When an employee requests injury leave, he shall be placed on “conditional injury leave” until a determination of whether or not an injury or illness is work related and the employee entitled to injury leave is initially made by the Township’s Workmen’s Compensation carrier, with the final determination, if necessary to be made by the Workmen’s Compensation Bureau or Court. When and if it is finally determined that the injury or illness is not work related and that the employee is not entitled to job injury compensation, the employee shall be denied injury leave and shall have all time off charged against his accumulated leave time. If the employee does not have enough accumulated time off, he shall be advanced sick time to cover the absence. If the employee leaves the employ of the Township prior to reimbursing the Township for such advanced time, the employee shall be required to reimburse the Township for such advanced time. 3. When an employee is granted either “conditional injury leave” or “injury leave,” the Township’s sole obligation shall be to pay the employee the difference between his regular pay and any compensation, disability or other payment received from other sources provided by the Township. At the Township’s option, the employee shall either surrender and deliver any compensation, disability or other payments to the Township and receive his entire salary payment, or the Township shall pay the difference. B. An employee who is injured while working, whether slight to severe, must make an immediate report prior to the end of the shift thereof to the immediate supervisor. Failure to do so may result in the line failure of duty, while actually working for the Employer, necessitating his absence from work he shall be eligible for a paid leave from the date of injury not employee to exceed ninety (90) calendar days, providing he files for Workers Compensation and his injury is approved by the Ohio Bureau of Workers' Compensation. Should a claim be disallowed by the Ohio Bureau of Worker's Compensation for an injury, any payment made by the City prior to such determination by the Ohio Bureau of Workers' Compensation shall be deducted from the employee's leave credits commencing with sick leave first He must also agree to assign the Employer those sums of money he would ordinarily receive as his weekly compensation as determined by law for those number of weeks he receives benefits under this Article. 17.02 If at C. The employee shall be required to present evidence by a certificate of a physician designated by the end of this ninety (90) day period insurance carrier that he is unable to work, and the Township, may reasonably require the employee is still disabledto present such certificate from time to time. D. If the Township does not accept the certificate of the physician designated by the insurance carrier, the leave may, at the Employer's discretion, be extended for additional ninety (90) calendar day periods, or parts thereof. 17.03 The Employer Township shall have the right right, at its own cost, to require the employee to have obtain a physical exam examination and certification of fitness by a physician appointed by the Employer resulting in Township. X. In the physician's certification that event the Township’s physician certifies the employee is unable fit to work due return to duty, injury leave benefits granted under this Article shall be terminated. However, if the employee disputes the determination of the Township physician, then the Township and the employee shall mutually agree upon a third physician who shall then examine the employee. The determination of the third physician as to the injury as a condition precedent employee’s fitness to return to duty shall be final and binding upon the parties. The cost of the third physician shall be borne equally by the Township and the employee. In the event the third physician also certifies the employee receiving any fit to return to duty, injury leave benefits granted under this Article shall be terminated. F. If the Township can prove that an employee has abused his privilege 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. 17.04 Nothing in this article will prohibit the employer, at its discretion, from assigning transitional duties to an employee currently on an approved injury leave, provided those duties are such that the employee can perform in light of the employee’s injury. As approved by a physician, the employee will first be offered light duty on his or her regularly scheduled shift. If an employee is offered transitional duty and declines, the employee will forfeit receiving any further compensation from the City while on injury leave. 17.05 For an employee subject to be placed on paid leave, he/she must provide a doctor's note or certificate indicating that all time missed is due to the work-related injury. 17.06 Employees returning from injury leave must provide a doctor's note or certificate indicating that the employee is able to return to work. 17.07 Once an employee receives a doctor's approved return to work, no paid injury leave will be permitted for further time off unless the employee re-injures themselves pursuant to Article 17.01. 17.08 An employee shall not engage in employment with an employer other than the City while on paid injury leave, unless said employment is approved disciplinary action by the EmployerTownship, up to and including termination. The Employer Maternity leave shall not unreasonably withhold approval for outside employmentbe governed by the applicable New Jersey and Federal laws including the Family Leave Act N.J.S.A. 34:11B-1, et seq., and the Family Leave Act, 29 U.S.C. Sec. Engaging in unapproved outside employment while on paid injury leave from the City 2601, et seq., as each may result in disciplinebe applicable.

Appears in 1 contract

Samples: Collective Bargaining Agreement

INJURY LEAVE. 17.01 When an employee is injured in the line of duty, while actually working for the Employer, necessitating his absence from work he Section 1. All regular full-time members shall be eligible entitled to injury leave with pay, less any Worker's Compensation weekly salary benefits which he/she may be awarded by the Ohio Industrial Commission (OIC), for a paid leave from the date of injury period not to exceed ninety (90) calendar days120 working days for members working a 40-hour workweek for each injury incurred in the performance of employment duties with the City, providing he files for Workers Compensation provided that the following procedures are followed: A. In all cases of personal injury to any regular full-time member as a result of the performance of employment duties, the member shall complete an accident/injury investigation form and his in conjunction with his/her respective Superintendent shall report such injury to the Assistant City Manager immediately and ensure that a claim is approved filed with the OIC. B. In the event that time off from work is required by the Ohio Bureau of Workers' Compensation. Should a claim be disallowed by the Ohio Bureau of Worker's Compensation for an injuryinjured member, any payment made by the City prior to such determination by the Ohio Bureau of Workers' Compensation shall be deducted from the employee's leave credits commencing with sick leave first He must also agree to assign the Employer those sums of money he would ordinarily receive as his weekly compensation as determined by law for those number of weeks he receives benefits under this Article. 17.02 If at the end of this ninety (90) day period the employee is still disabled, the leave may, at the Employer's discretion, be extended for additional ninety (90) calendar day periods, or parts thereof. 17.03 The Employer shall have the right to require the employee to have a physical exam by a physician appointed by the Employer resulting in the physician's certification 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. 17.04 Nothing in this article will prohibit the employer, at its discretion, from assigning transitional duties to an employee currently on an approved injury leave, provided those duties are such that the employee can perform in light of the employee’s injury. As approved by a physician, the employee will first be offered light duty on his or her regularly scheduled shift. If an employee is offered transitional duty and declines, the employee will forfeit receiving any further compensation from the City while on injury leave. 17.05 For an employee to be placed on paid leave, he/she must provide a doctor's note or certificate indicating that all time missed is due to the work-related injury. 17.06 Employees returning from injury leave must provide a doctor's note or certificate indicating that the employee is able to return to work. 17.07 Once an employee receives a doctor's approved return to work, no paid injury leave member will be permitted for further time off unless the employee re-injures themselves pursuant to Article 17.01. 17.08 An employee shall not engage in employment with an employer other than the City while on paid injury leave, unless said employment is approved by the Employer. The Employer shall not unreasonably withhold approval for outside employment. Engaging in unapproved outside employment while on paid granted injury leave from the first day of injury, if the proper documentation is submitted to the City of Delaware. This documentation will include, but not be limited to, a statement from the member's physician, an Agreement covering Compensation Reimbursement, any necessary OIC forms and other documents as may result be required by the City. In the event that the OIC determines that the injury is not employment related, any time the member is, or has been, absent from work shall be deducted first, from any accrued sick leave, then accrued vacation, or accrued compensatory time off, other than compensatory time for overtime worked. C. During the period of time an injured member is being paid under this policy, all normal benefits given to regular full-time City members shall remain in disciplineforce with no deductions to earned sick leave and/or vacation time. D. In all cases where an injury leave of more than 120 working days is requested by a member working a 40-hour work week, the City Manager may extend such leave if such necessity is determined to his/her satisfaction. Each member requesting such an extension under this policy may be required to furnish a current affidavit from a licensed physician setting forth the need for the extension.

Appears in 1 contract

Samples: Collective Bargaining Agreement

INJURY LEAVE. 17.01 When an 11.01 An employee who is injured in the line of dutywhile on duty and is temporarily and totally disabled for a period exceeding seven (7) calendar days and is apparently entitled to Workers' Compensation, while actually working for the Employer, necessitating his absence from work he shall be eligible for a paid leave from the date total of injury not to exceed ninety (90) calendar days of paid leave in any twelve (12) month period commencing with the first day of such leave, unless eligible for a pension. If a period of disability exceeds fourteen (14) calendar days, providing he files the employee shall be paid for Workers Compensation and his the first seven (7) days of disability. "Period of disability" shall be construed to include subsequent absences resulting from the same injury is approved by the Ohio Bureau of Workers' Compensation. or illness, such that only one waiting period shall be required. 11.02 Should a claim payments be disallowed by the Ohio Bureau of Worker's Compensation for an injury, any payment made by the City prior to an employee for an injury that is subsequently found to be non-compensable, such determination payments made by the Ohio Bureau of Workers' Compensation City shall be deducted reimbursed from the employee's leave credits commencing with accumulated sick leave first He must also agree credits. Deductions from vacation time or pay may only be made if the employee has insufficient sickleave credits to assign fully reimburse the Employer those sums of money he City. However, no reimbursement shall be required if under applicable State law, the employee would ordinarily receive as his weekly compensation as determined by law not be required to reimburse the State for those number of weeks he receives Workers' Compensation benefits under this Articlereceived. 17.02 If 11.03 If, at the end of this ninety (90) calendar day period period, the employee is still disabled, the leave may, at the EmployerCity's sole discretion, be extended for an additional ninety (90) calendar day periodsperiod or portion thereof. Prior to an extension of injury leave, the employee shall be required to use any accrued unused vacation, holiday, or parts thereofcompensatory time. 17.03 The Employer 11.04 Time off during paid injury leave shall have count toward service credit and vacation accruals. There shall be no accrual of sick leave credit while being paid injury leave. 11.05 An employee shall pay to the right to require City any loss of time compensation received under Ohio Workers' Compensation for any time for which the employee has received benefits under this Article. 11.06 The City may require any employee applying for or receiving benefits under this Article to have a physical exam by a physician appointed and paid by the Employer resulting in the physicianCity. 11.07 An employee on injury leave or receiving temporary total compensation through Worker's certification that the employee is unable to work due to the injury Compensation or similar self-funded program 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 notresult of an on duty injury, but shall not govern whether the injury was duty related. 17.04 Nothing in this article will prohibit the employer, at its discretion, from assigning transitional duties to an employee currently on an approved injury leave, provided those duties are such that the employee can perform in light of the employee’s injury. As approved by a physician, the employee will first may be offered light duty on his or her regularly scheduled shift. If an employee is offered transitional duty and declines, the employee will forfeit receiving any further compensation from the City while on injury leave. 17.05 For an employee to be placed on paid leave, he/she must provide a doctor's note or certificate indicating that all time missed is due to the work-related injury. 17.06 Employees returning from injury leave must provide a doctor's note or certificate indicating that the employee is able required to return to work. 17.07 Once an employee receives work in a doctor's approved return to work, no paid injury leave will be permitted for further time off unless the employee re-injures themselves pursuant to Article 17.01. 17.08 An employee shall not engage in employment with an employer other than the City while on paid injury leave, unless said employment is approved transitional work assignment as determined by the Employer. The Employer shall not unreasonably withhold approval Such assignments will be for outside employment. Engaging cases that are temporary in unapproved outside employment while nature and will take into consideration any limitations placed on paid injury leave from the employee by the attending physician. 11.08 Any disputes between a physician appointed by the City may result and a physician chosen by an employee under this Article shall be resolved by a third physician, expert in disciplineoccupational disease and injury, chosen by the City's physician and the employee's physician.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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