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Common use of INJURY LEAVE Clause in Contracts

INJURY LEAVE. Section 39.1. Any employee who is injured while on duty or has contracted a disease while on duty will be entitled to receive his/her normal pay for 1040 hours for each injury or disease contracted while on duty. To be eligible the employee does not have to be off the entire 1040 hours from the date of his injury. The City’s decision to grant or deny injury leave will be made within ten (10) calendar days from the date the completed injury leave request form is submitted by the employee to the Human Resources Department, unless the parties do not have sufficient information to render a decision or the parties agree in writing to an extension. If injury leave is granted, then the employee will be placed on injury leave for the time specified by the attending physician in which the employee is unable to perform his/her work duties. If an employee is not granted injury leave or if sufficient information does not exist to warrant a determination, the employee may utilize approved sick leave, vacation leave, or compensatory time. If injury leave is initially denied and later approved and an employee has utilized sick or other leaves, the employee shall have the leave balances restored. If an employee denied injury leave has applied for and been granted/approved for workers’ compensation temporary total disability benefits based upon the injury the employee shall have his leave balances reaccredited. Section 39.2. To be placed on injury leave and receive the benefits set forth in this Article, an employee has the burden of proving that any disease or injury suffered by him/her was incurred in the course of or arising out of his/her employment with the City. Employees must report any injury to his/her immediate supervisor immediately upon the occurrence of the injury (or, if physically unable to do so, as soon as the employee is capable). The employee must file a claim with the Bureau of Workers’ Compensation (BWC) and said claim must be certified by the BWC. If injury leave is initially granted by the City and at a later time the BWC denies certification of the claim, the injury leave will then be disallowed and all injury leave wages paid during the period of injury leave will be deducted from the employee’s sick leave, vacation leave or compensatory leave balances. Section 39.3. When an employee is absent for more than 1040 hours, the employee may receive payment from the Bureau of Workers’ Compensation in accordance with the applicable rules and regulations. Under this provision, the employee will continue to accrue sick leave and vacation time for a maximum period of one (1) year at the rate of 2/3 the regular rate when the employee elects to receive Workers’ Compensation benefits. Section 39.4. Injury leave shall be denied the employee where he/she has either failed to prove his/her disease or injury is occupationally connected or was incurred in the course and arising out of his/her employment with the City, has failed to immediately report such injury to his/her immediate supervisor or his/her claim has been denied by the BWC as not being work related. The employee has the burden of proving that any disease or injury suffered by him/her was incurred in the course of or arising out of his/her employment with the City. Section 39.5. Any employee shall be entitled to credit for service time accumulated during injury leave in determining eligibility for salary step advancement and other benefits where tenure is a factor. Section 39.6. Any employee otherwise qualified for injury leave or sick leave based on the physician’s determination to be capable of performing modified or restricted duties at any time after any injury may be assigned to perform such duties in lieu of being placed on injury leave or Workers’ Compensation. An employee who objects to such assignment shall have the right to an examination by a physician appointed and paid for by the Employer, and that physician’s determination of the employee’s capacity to perform such modified or restricted duties shall be final as to the employee’s eligibility for injury leave. Modified duty assignments may be made within the Police Division where appropriate modified duty is available. An employee being released by the attending physician to modified duty will be placed on injury leave if the Division Chief determines modified duty within the Division is unavailable. Section 39.7. Any employee who has returned to work in a light duty or restricted duty status before the usage of 1040 hours injury leave time may xxxx-off due to complications of an old injury on injury leave. Any employee, who has returned to work to full duty status and has not used the 1040 hours injury leave, may xxxx off for future medical treatment on the old injury. Leave under this Article shall not extend more than three (3) years from the date of the injury or contracting of the disease.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

INJURY LEAVE. Section 39.1. Any 24.1 In the event an employee who is injured while on duty or has contracted a disease while on duty will be entitled to receive his/her normal pay for 1040 hours for each injury or disease contracted while on duty. To be eligible performing the employee does not have to be off the entire 1040 hours from the date of his injury. The City’s decision to grant or deny injury leave will be made within ten (10) calendar days from the date the completed injury leave request form is submitted by the employee to the Human Resources Department, unless the parties do not have sufficient information to render a decision or the parties agree in writing to an extension. If injury leave is granted, then the employee will be placed on injury leave for the time specified by the attending physician in which the employee is unable to perform his/her work employee's duties. If an employee is not granted injury leave or if sufficient information does not exist to warrant a determination, the employee may utilize approved sick leave, vacation leave, or compensatory time. If injury leave is initially denied and later approved and an employee has utilized sick or other leaves, the employee shall have the leave balances restored. If an employee denied injury leave has applied receive full pay for and been granted/approved for workers’ compensation temporary total disability benefits based upon the injury the employee shall have his leave balances reaccredited. Section 39.2. To be placed on injury leave and receive the benefits set forth in this Article, an employee has the burden of proving that any disease or injury suffered by him/her was incurred in the course of or arising out of his/her employment with the City. Employees must report any injury to his/her immediate supervisor immediately upon the occurrence of the injury six (or, if physically unable to do so, as soon as the employee is capable). The employee must file a claim with the Bureau of Workers’ Compensation (BWC6) and said claim must be certified by the BWC. If injury leave is initially granted by the City and at a later time the BWC denies certification of the claim, the injury leave will then be disallowed and all injury leave wages paid during the period of injury leave will be deducted from the employee’s sick leave, vacation leave or compensatory leave balances. Section 39.3. When an employee is absent for more than 1040 hours, the employee may receive payment from the Bureau of Workers’ Compensation in accordance with the applicable rules and regulations. Under this provision, the employee will continue to accrue sick leave and vacation time for a maximum period of one (1) year at the rate of 2/3 the regular rate when the employee elects to receive Workers’ Compensation benefits. Section 39.4. Injury leave shall be denied the employee where he/she has either failed to prove his/her disease or injury is occupationally connected or was incurred in the course and arising out of his/her employment with the City, has failed to immediately report such injury to his/her immediate supervisor or his/her claim has been denied by the BWC as not being work related. The employee has the burden of proving that any disease or injury suffered by him/her was incurred in the course of or arising out of his/her employment with the City. Section 39.5. Any employee shall be entitled to credit for service time accumulated during injury leave in determining eligibility for salary step advancement and other benefits where tenure is a factor. Section 39.6. Any employee otherwise qualified for injury leave or sick leave based on the physician’s determination to be capable of performing modified or restricted duties at any time after any injury may be assigned to perform such duties in lieu of being placed on injury leave or Workers’ Compensation. An employee who objects to such assignment shall have the right to an examination by a physician appointed and paid for by the Employer, and that physician’s determination of the employee’s capacity to perform such modified or restricted duties shall be final as to the employee’s eligibility for injury leave. Modified duty assignments may be made within the Police Division where appropriate modified duty is available. An employee being released by the attending physician to modified duty will be placed on injury leave if the Division Chief determines modified duty within the Division is unavailable. Section 39.7. Any employee who has returned to work in a light duty or restricted duty status before the usage of 1040 hours injury leave time may xxxx-off due to complications of an old injury on injury leave. Any employee, who has returned to work to full duty status and has not used the 1040 hours injury leave, may xxxx off for future medical treatment on the old injury. Leave under this Article shall not extend more than three (3) years calendar weeks from the date of the injury as filed with the Ohio Bureau of Workers' Compensation (OBWC). Application for such leave shall be filed with the Employer and the appropriate claim filed with OBWC. At the time of application for such leave, the employee shall sign an agreement to assign or contracting return the first six (6) weeks of compensation received from the OBWC to the Employer. Section 24.2 An employee making application for such leave shall sign an authorization to release to the Employer all medical information regarding the occupational injury in the possession of the diseaseemployee's treating physicians and treatment facilities for which the injury leave is requested and shall also agree to be examined by a licensed medical practitioner selected and paid for by the Section 24.3 An employee claiming an occupational injury shall file immediately an accident report when the injury is incurred and shall file an injury claim with the OBWC as soon as practicable after the injury. The Employer may request a hearing before the OBWC to determine a claim's validity. Section 24.4 Bargaining unit employees shall not make application for nor be entitled to receive any Employer provided short term disability income insurance for any period of paid leave for which the Employer provided full pay. Section 24.5 An employee who has exhausted the six (6) weeks of paid injury leave may elect to use sick leave and vacation leave. If the employee uses sick leave or vacation leave, such leave may be restored on a pro-rata basis by remitting to the Employer all income benefits received by the employee from OBWC or any Employer provided short term disability income insurance. If an employee has exhausted all available paid leave, the employee may apply for a disability leave as provided in Article 25 of this Agreement.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

INJURY LEAVE. Section 39.1. Any employee who is A. Extent of Benefits - Full-time Employees injured while in the line of duty and not resulting from willful and wanton disregard, or total disregard for personal safety on duty or has contracted a disease while on duty the part of the Employee, will be entitled to receive his/her normal pay for 1040 hours for each injury or disease contracted while on duty. To be eligible the employee does not have to be off the entire 1040 hours from the date of his injury. The City’s decision to grant or deny injury leave will be made within ten (10) calendar days from the date the completed injury leave request form is submitted by the employee to the Human Resources Department, unless the parties do not have sufficient information to render a decision or the parties agree in writing to an extension. If injury leave is granted, then the employee will be placed on injury leave for the time specified by the attending physician in which the employee is unable to perform his/her work duties. If an employee is not granted injury leave or if sufficient information does not exist to warrant a determination, the employee may utilize approved sick leave, vacation leave, or compensatory time. If injury leave is initially denied and later approved and an employee has utilized sick or other leaves, the employee shall have the leave balances restored. If an employee denied injury leave has applied for and been granted/approved for workers’ compensation temporary total disability benefits based upon the injury the employee shall have his leave balances reaccredited. Section 39.2. To be placed on injury leave and receive the benefits set forth in this Article, an employee has the burden of proving that any disease or injury suffered by him/her was incurred in the course of or arising out of his/her employment with the City. Employees must report any injury to his/her immediate supervisor immediately upon the occurrence of the injury (or, if physically unable to do so, as soon as the employee is capable). The employee must file a claim with the Bureau of Workers’ Compensation (BWC) and said claim must be certified by the BWC. If injury leave is initially granted by the City and at a later time the BWC denies certification of the claim, the injury leave will then be disallowed and all injury leave wages paid during the period of injury leave will be deducted from the employee’s sick leave, vacation leave or compensatory leave balances. Section 39.3. When an employee is absent for more than 1040 hours, the employee may receive payment from the Bureau of Workers’ Compensation in accordance with the applicable rules and regulations. Under this provision, the employee will continue to accrue sick leave and vacation time pay for a maximum period of one (1) year (2080 work hours) for each new and separate injury, subject to the conditions set forth in this Section. When injury leave is exhausted, the Employee may elect to use accumulated sick leave and/or other accrued leave pending the receipt of Workers' Compensation Benefits. In extreme cases, additional injury leave may be granted at the discretion of the City Manager, considering the facts of the particular case. The initial approval of any application for paid injury leave shall not exceed one (1) month (160 work hours), with subsequent extensions at the discretion of the City Manager, considering the facts of the particular case. In circumstances where the nature of the injury allows, the City may assign limited work duties to the Employees. Where disability caused by an in-the-line-of-duty injury continues for a period of twelve (12) months, and all leave is exhausted, the Employee shall apply for disability retirement. B. Reporting - All on-duty injuries must be reported to the Chief of Police within twenty-four (24) hours. A written injury report will be prepared, signed by the Employee, if able, and the Chief of Police, and forwarded to the office of the Human Resources Manager. This statement shall show conclusively that the injury was sustained in the line-of-duty, and if not reported within the twenty- four (24) hours period, the City reserves the option as to whether or not injury leave will be allowed. C. To the extent that an employee is charged with Xxxx Leave for a period in which he is entitled to injury leave, the sick leave will be reinstated to this accrual. D. Payment - The Employee will receive his/her regular salary paid by the City. Occupational Injury Leave payments are fully paid by the City at the employee’s base hourly rate and are in lieu of 2/3 the regular rate when the employee elects to receive Workers’ Compensation benefits. Section 39.4. Injury leave shall be denied the employee where he/she has either failed to prove his/her disease or injury is occupationally connected or was incurred in the course and arising out of his/her employment with the City, has failed to immediately report such injury to his/her immediate supervisor or his/her claim has been denied by the BWC as not being work related. The employee has the burden of proving that any disease or injury suffered by him/her was incurred in the course of or arising out of his/her employment with the City. Section 39.5. Any employee shall be entitled to credit for service time accumulated during injury leave in determining eligibility for salary step advancement and other benefits where tenure is a factor. Section 39.6. Any employee otherwise qualified for injury leave or sick leave based on the physician’s determination to be capable of performing modified or restricted duties at any time after any injury may be assigned to perform such duties in lieu of being placed on injury leave or Workers’ Compensationtemporary total disability payments. An employee who objects to such assignment shall have the right to an examination by a physician appointed and paid for by the Employer, and that physician’s determination of the employee’s capacity to perform such modified or restricted duties shall be final as to the employee’s eligibility applies for injury leave. Modified duty assignments may be made within the Police Division where appropriate modified duty is available. An employee being released by the attending physician leave will apply to modified duty will be placed on injury leave if the Division Chief determines modified duty within the Division is unavailableBWC for medical benefits only and not lost income benefits. Section 39.7. Any employee who has returned to work in a light duty or restricted duty status before the usage of 1040 hours injury leave time may xxxx-off due to complications of an old injury on injury leave. Any employee, who has returned to work to full duty status and has not used the 1040 hours injury leave, may xxxx off for future medical treatment on the old injury. Leave under this Article shall not extend more than three (3) years from the date of the injury or contracting of the disease.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

INJURY LEAVE. Section 39.1All leave in this article shall start at the employee’s date of hire. Any employee who Injury leave is intended to cover employees, injured while on duty or has contracted a disease while on duty will be entitled to receive his/her normal the job, and is separate and distinct from any Workers’ Compensation benefits. Injury leave with pay may not exceed three (3) months in any continuous twelve (12) month period for any and all injury(ies). In exceptional circumstances, the City Manager may extend injury leave without pay for 1040 hours an additional three (3) months; however, the decision to extend or not extend such leave is in the City Manager’s sole discretion. An injury leave report is required to be timely made by the employee to qualify for each injury or disease contracted while on dutyleave. To Injury(ies) must be eligible reported to the employee’s immediate supervisor within three (3) calendar days of the date of the injury, including the cause, circumstances and description of the injury. Receipt of this report shall be acknowledged and signed by the employee’s immediate supervisor, and immediately forwarded to the Department Director who shall submit the report to the Human Resources Director. Reasonable rules and forms may be developed by the City to further regulate the reporting of injuries. Employees must receive authorization from a physician that an injury occurred, that leave from work is needed and the approximate duration of the leave. Injury leave shall be granted only for injuries determined by the employee’s physician as being caused by the actual performance of the duties of the employee’s position. The Human Resources Director shall correspond with the employee’s physician if assistance is needed to make this determination. Upon receipt of this authorization from the employee’s physician, the City may seek a second opinion from the physician chosen by the City as to any of the elements of the authorization set forth by the employee’s physician. The City will present the second opinion to the employee. If the employee does not have agree with the second opinion, the City and employee will select a third physician to be off give a third and binding opinion as the entire 1040 hours elements of the authorization at issue. If, upon reviewing the injury leave report and the initial medical authorization from the date employee’s physician, the Human Resources Director feels that the injury is such that the employee is capable of performing his injury. The City’s decision to grant or her regular duties, or restricted duties, during the period of convalescence, the Human Resources Director may deny injury leave will be made within ten (10) calendar days from the date the completed injury leave request form is submitted by with pay and ask the employee to the Human Resources Departmentreturn to work or restricted duty work, unless the parties do not have sufficient information to render a decision or the parties agree in writing to an extensionif applicable. If the employee disagrees with this determination, this issue may be presented to second and third opinion physicians under the process detailed above. Whenever an employee is required to stop working because of an injury or other service connected disability where injury leave is granted, then the employee will shall be placed paid for the remaining hours of that day or shift at the employee’s regular rate and such time shall not be charged to leave of any kind. Injured employees required to seek medical attention shall continue to be carried in paid status until such time as they are released from the medical facility and return to the City or are released from duty, or until they are admitted into the hospital as an inpatient. Such pay status is to be compensated at the same rates and manner as if the employee were actually present for work. No employee on injury leave shall be returned to work without the approval of the Human Resources Director. Injury leave payments will not be made to an employee who is out on leave and is working for another employer under the time specified following circumstances: • During the employee’s assigned shift with the City. • Where the other work involves or requires performance of the same or similar duties as those regularly performed as an employee with the City. Pending approval or denial of injury leave by the attending physician in which Human Resources Director, an injured employee may be carried on sick leave or other paid leave at the employee’s option. Such paid leave shall be restored to the employee’s credit upon injury leave approval. If the employee is unable to perform his/her work duties. If an employee is not granted injury has no sick leave or if sufficient information does not exist to warrant a determination, the employee may utilize approved sick other paid leave, vacation leave, or compensatory time. If injury leave is initially denied and later approved and an employee has utilized sick or other leaves, the employee shall have be carried on approved leave without pay pending the leave balances restoredHuman Resources Director’s determination. If Time off for the purpose of medical examinations or treatments resulting from an employee denied injury leave has applied for and been granted/approved for workers’ compensation temporary total disability benefits based upon on the injury the employee shall have his leave balances reaccredited. Section 39.2. To be placed on injury leave and receive the benefits set forth in this Article, an employee has the burden of proving that any disease or injury suffered by him/her was incurred in the course of or arising out of his/her employment with the City. Employees must report any injury to his/her immediate supervisor immediately upon the occurrence of the injury (or, if physically unable to do so, as soon as the employee is capable). The employee must file a claim with the Bureau of Workers’ Compensation (BWC) and said claim must be certified by the BWC. If injury leave is initially granted by the City and at a later time the BWC denies certification of the claim, the injury leave will then be disallowed and all injury leave wages paid during the period of injury leave will be deducted from the employee’s sick leave, vacation leave or compensatory leave balances. Section 39.3. When an employee is absent for more than 1040 hours, the employee may receive payment from the Bureau of Workers’ Compensation in accordance with the applicable rules and regulations. Under this provision, the employee will continue to accrue sick leave and vacation time for a maximum period of one (1) year at the rate of 2/3 the regular rate when the employee elects to receive Workers’ Compensation benefits. Section 39.4. Injury leave job shall be denied the employee where he/she has either failed charged to prove his/her disease or injury is occupationally connected or was incurred in the course and arising out of his/her employment with the City, has failed to immediately report such injury to his/her immediate supervisor or his/her claim has been denied by the BWC as not being work related. The employee has the burden of proving that any disease or injury suffered by him/her was incurred in the course of or arising out of his/her employment with the City. Section 39.5. Any employee shall be entitled to credit for service time accumulated during injury leave in determining eligibility for salary step advancement and other benefits where tenure is a factor. Section 39.6. Any employee otherwise qualified for injury leave or sick leave based on the physician’s determination to be capable of performing modified or restricted duties at any time after any injury may be assigned to perform such duties in lieu of being placed on injury leave or Workers’ Compensation. An employee who objects to such assignment shall have the right to an examination by a physician appointed and paid for by the Employer, and that physician’s determination of the employee’s capacity to perform such modified or restricted duties shall be final as to the employee’s eligibility for injury leave. Modified duty assignments may be made within the Police Division where appropriate modified duty is available. An employee being released by the attending physician to modified duty A maximum of one half day of work off will be placed on injury leave if the Division Chief determines modified duty within the Division is unavailable. Section 39.7allowed per scheduled physician appointment or treatment. Any employee who has returned Employees are required to immediately return to work in a light duty or restricted duty status before the usage of 1040 hours injury leave time may xxxx-off due to complications of an old injury on injury leave. Any employeeafter such appointment, who has returned to work to full duty status and has not used the 1040 hours injury leave, may xxxx off for future medical treatment on the old injury. Leave under this Article shall not extend more than three (3) years from the date regardless of the injury or contracting duration of the diseasesuch appointment.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

INJURY LEAVE. Section 39.1. Any employee who is A. Extent of Benefits - Full-time Employees injured while in the line of duty and not resulting from willful and wanton disregard, or total disregard for personal safety on duty or has contracted a disease while on duty the part of the Employee, will be entitled to receive his/her normal pay for 1040 hours for each injury or disease contracted while on duty. To be eligible the employee does not have to be off the entire 1040 hours from the date of his injury. The City’s decision to grant or deny injury leave will be made within ten (10) calendar days from the date the completed injury leave request form is submitted by the employee to the Human Resources Department, unless the parties do not have sufficient information to render a decision or the parties agree in writing to an extension. If injury leave is granted, then the employee will be placed on injury leave for the time specified by the attending physician in which the employee is unable to perform his/her work duties. If an employee is not granted injury leave or if sufficient information does not exist to warrant a determination, the employee may utilize approved sick leave, vacation leave, or compensatory time. If injury leave is initially denied and later approved and an employee has utilized sick or other leaves, the employee shall have the leave balances restored. If an employee denied injury leave has applied for and been granted/approved for workers’ compensation temporary total disability benefits based upon the injury the employee shall have his leave balances reaccredited. Section 39.2. To be placed on injury leave and receive the benefits set forth in this Article, an employee has the burden of proving that any disease or injury suffered by him/her was incurred in the course of or arising out of his/her employment with the City. Employees must report any injury to his/her immediate supervisor immediately upon the occurrence of the injury (or, if physically unable to do so, as soon as the employee is capable). The employee must file a claim with the Bureau of Workers’ Compensation (BWC) and said claim must be certified by the BWC. If injury leave is initially granted by the City and at a later time the BWC denies certification of the claim, the injury leave will then be disallowed and all injury leave wages paid during the period of injury leave will be deducted from the employee’s sick leave, vacation leave or compensatory leave balances. Section 39.3. When an employee is absent for more than 1040 hours, the employee may receive payment from the Bureau of Workers’ Compensation in accordance with the applicable rules and regulations. Under this provision, the employee will continue to accrue sick leave and vacation time pay for a maximum period of one (1) year (2080 work hours) for each new and separate injury, subject to the conditions set forth in this Section. When injury leave is exhausted, the Employee may elect to use accumulated sick leave and/or other accrued leave pending the receipt of Workers' Compensation Benefits. In extreme cases, additional injury leave may be granted at the discretion of the City Manager, considering the facts of the particular case. The initial approval of any application for paid injury leave shall not exceed one (1) month (160 work hours), with subsequent extensions at the discretion of the City Manager, considering the facts of the particular case. In circumstances where the nature of the injury allows, the City may assign limited work duties to the Employees. Where disability caused by an in-the-line-of-duty injury continues for a period of twelve (12) months, and all leave is exhausted, the Employee shall apply for disability retirement. B. Reporting - All on-duty injuries must be reported to the Chief of Police within twenty-four (24) hours. A written injury report will be prepared, signed by the Employee, if able, and the Chief of Police, and forwarded to the office of the Human Resources Manager. This statement shall show conclusively that the injury was sustained in the line-of-duty, and if not reported within the twenty-four (24) hours period, the City reserves the option as to whether or not injury leave will be allowed. C. To the extent that an employee is charged with Xxxx Leave for a period in which he is entitled to injury leave, the sick leave will be reinstated to this accrual. X. Xxxxxxx - The Employee will receive his/her regular salary paid by the City. Occupational Injury Leave payments are fully paid by the City at the employee’s base hourly rate and are in lieu of 2/3 the regular rate when the employee elects to receive Workers’ Compensation benefits. Section 39.4. Injury leave shall be denied the employee where he/she has either failed to prove his/her disease or injury is occupationally connected or was incurred in the course and arising out of his/her employment with the City, has failed to immediately report such injury to his/her immediate supervisor or his/her claim has been denied by the BWC as not being work related. The employee has the burden of proving that any disease or injury suffered by him/her was incurred in the course of or arising out of his/her employment with the City. Section 39.5. Any employee shall be entitled to credit for service time accumulated during injury leave in determining eligibility for salary step advancement and other benefits where tenure is a factor. Section 39.6. Any employee otherwise qualified for injury leave or sick leave based on the physician’s determination to be capable of performing modified or restricted duties at any time after any injury may be assigned to perform such duties in lieu of being placed on injury leave or Workers’ Compensationtemporary total disability payments. An employee who objects to such assignment shall have the right to an examination by a physician appointed and paid for by the Employer, and that physician’s determination of the employee’s capacity to perform such modified or restricted duties shall be final as to the employee’s eligibility applies for injury leave. Modified duty assignments may be made within the Police Division where appropriate modified duty is available. An employee being released by the attending physician leave will apply to modified duty will be placed on injury leave if the Division Chief determines modified duty within the Division is unavailableBWC for medical benefits only and not lost income benefits. Section 39.7. Any employee who has returned to work in a light duty or restricted duty status before the usage of 1040 hours injury leave time may xxxx-off due to complications of an old injury on injury leave. Any employee, who has returned to work to full duty status and has not used the 1040 hours injury leave, may xxxx off for future medical treatment on the old injury. Leave under this Article shall not extend more than three (3) years from the date of the injury or contracting of the disease.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

INJURY LEAVE. Section 39.1. Any employee who is injured while on duty or has contracted a disease while on duty will be entitled to receive his/her normal pay for 1040 hours for each injury or disease contracted while on duty. To be eligible the employee does not have to be off the entire 1040 hours from the date of his injury. The City’s decision to grant or deny injury leave will be made within ten (10) calendar days from the date the completed injury leave request form is submitted by the employee to the Human Resources Department, unless the parties do not have sufficient information to render a decision or the parties agree in writing to an extension. If injury leave is granted, then the employee will be placed on injury leave for the time specified by the attending physician in which the employee is unable to perform his/her work duties. If an employee is not granted injury leave or if sufficient information does not exist to warrant a determination, the employee may utilize approved sick leave, vacation leave, or compensatory time. If injury leave is initially denied and later approved and an employee has utilized sick or other leaves, the employee shall have the leave balances restored. If an employee denied injury leave has applied for and been granted/approved for workers’ compensation temporary total disability benefits based upon the injury the employee shall have his leave balances reaccredited. Section 39.2. To be placed on injury leave and receive the benefits set forth in this Article, an employee has the burden of proving that any disease or injury suffered by him/her was incurred in the course of or arising out of his/her employment with the City. Employees must report any injury to his/her immediate supervisor immediately upon the occurrence of the injury (or, if physically unable to do so, as soon as the employee is capable). The employee must file a claim with the Bureau of Workers’ Compensation (BWC) and said claim must be certified by the BWC. If injury leave is initially granted by the City and at a later time the BWC denies certification of the claim, the injury leave will then be disallowed and all injury leave wages paid during the period of injury leave will be deducted from the employee’s sick leave, vacation leave or compensatory leave balances. Section 39.3. When an employee is absent for more than 1040 hours, the employee may receive payment from the Bureau of Workers’ Compensation in accordance with the applicable rules and regulations. Under this provision, the employee will continue to accrue sick leave and vacation time for a maximum period of one (1) year at the rate of 2/3 the regular rate when the employee elects to receive Workers’ Compensation benefits. Section 39.4. Injury leave shall be denied the employee where he/she has either failed to prove his/her disease or injury is occupationally connected or was incurred in the course and arising out of his/her employment with the City, has failed to immediately report such injury to his/her immediate supervisor or his/her claim has been denied by the BWC as not being work related. The employee has the burden of proving that any disease or injury suffered by him/her was incurred in the course of or arising out of his/her employment with the City. Section 39.5. Any employee shall be entitled to credit for service time accumulated during injury leave in determining eligibility for salary step advancement and other benefits where tenure is a factor. Section 39.6. Any employee otherwise qualified for injury leave or sick leave based on the physician’s determination to be capable of performing modified or restricted duties at any time after any injury may be assigned to perform such duties in lieu of being placed on injury leave or Workers’ Compensation. An employee who objects to such assignment shall have the right to an examination by a physician appointed and paid for by the Employer, and that physician’s determination of the employee’s capacity to perform such modified or restricted duties shall be final as to the employee’s eligibility for injury leave. Modified duty assignments may be made within the Police Division where appropriate modified duty is available. An employee being released by the attending physician to modified duty will be placed on injury leave if the Division Chief determines modified duty within the Division is unavailable. Section 39.7. Any employee who has returned to work in a light duty or restricted duty status before the usage of 1040 hours injury leave time may xxxxmark-off due to complications of an old injury on injury leave. Any employee, who has returned to work to full duty status and has not used the 1040 hours injury leave, may xxxx mark off for future medical treatment on the old injury. Leave under this Article shall not extend more than three (3) years from the date of the injury or contracting of the disease.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

INJURY LEAVE. Section 39.1SECTION 23.1. Any employee who is injured while on duty or has contracted a disease while on duty will All full-time employees covered by this Agreement shall be entitled allowed injury leave with pay not to receive his/her normal pay for 1040 hours for each injury or disease contracted while on duty. To be eligible the employee does not have to be off the entire 1040 hours exceed twelve (12) months from the date of his the Administrative approval for each service connected injury 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 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 (FROI) document and the Medical Information Release form. SECTION 23.3. The City’s decision Upon receipt of a report of injury, the City Administration shall make an initial decision, either that the injury is a service connected injury compensable under this Article, or that the injury is not a service connected injury compensable under this Article. SECTION 23.4. If the City Administration deems the injury to grant or deny injury leave will be made within ten (10) calendar days from the date the completed injury leave request form is submitted by a service connected injury, the employee to the Human Resources Department, unless the parties do not have sufficient information to render a decision or the parties agree in writing to an extension. If injury leave is granted, then the employee will shall be placed on injury leave for with pay commencing with the time specified first full day of absence caused by the attending physician in which 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 unable to perform his/her work duties. If an employee is not granted injury leave or if sufficient information does not exist to warrant a determination, the employee may utilize approved sick leave, vacation leave, or compensatory time. If injury leave is initially denied and later approved and an employee has utilized sick or other leaveswork, the employee shall have the right to use any other leave balances restoredavailable for other illness or disability. SECTION 23.6. The City shall report the injury to the Ohio Bureau of Workers Compensation (BWC). SECTION 23.7. After the initial decision of the City administration, the determination of whether the injury is 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. SECTION 23.8. If an employee denied injury leave has applied for and been granted/approved for workers’ compensation temporary total disability benefits based upon BWC determines that the injury is work-related, the employee shall have his leave balances reaccredited. Section 39.2. To will be placed carried on injury leave and receive the benefits set forth in this Article, an employee has the burden Injury Leave with Pay until he/she is either capable of proving that any disease or injury suffered by him/her was incurred in the course of or arising out of performing his/her employment duties or until the twelve (12) month period expires. SECTION 23.9. If BWC determines that the injury is not work-related, the hours used for injury leave with pay by the City. Employees must report any injury to employee will be charged against his/her immediate supervisor immediately upon the occurrence of the injury (or, if physically unable to do so, as soon as sick leave balance. If the employee is capable). The employee must file a claim with the Bureau has used all of Workers’ Compensation (BWC) and said claim must be certified by the BWC. If injury leave is initially granted by the City and at a later time the BWC denies certification his sick leave, other forms of the claim, the injury leave will then be disallowed and all injury leave wages paid during the period of injury leave will be deducted from used to 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, vacation leave provided the employee endorses over to the City any checks received from BWC to compensate the employee for lost work time, or compensatory leave balancespays to the City an amount equal to the compensation received from BWC. Section 39.3. When an employee is absent for more than 1040 hours, the employee may receive payment from the Bureau of Workers’ Compensation in accordance with the applicable rules and regulations. Under this provision, the employee will continue to accrue sick leave and vacation time for a maximum period of one (1) year at the rate of 2/3 the regular rate when the employee elects to receive Workers’ Compensation benefits. Section 39.4. Injury leave shall be denied the employee where he/she has either failed to prove his/her disease or injury is occupationally connected or was incurred in the course and arising out of his/her employment with the City, has failed to immediately report such injury to his/her immediate supervisor or his/her claim has been denied by the BWC as not being work related. The employee has the burden of proving that any disease or injury suffered by him/her was incurred in the course of or arising out of his/her employment with the City. Section 39.5. Any employee shall be entitled to credit for service time accumulated during injury leave in determining eligibility for salary step advancement and other benefits where tenure is a factor. Section 39.6. Any employee otherwise qualified for injury leave or sick leave based on the physician’s determination to be capable of performing modified or restricted duties at any time after any injury may be assigned to perform such duties in lieu of being placed on injury leave or Workers’ CompensationSECTION 23.10. An employee who objects requesting or receiving injury leave pay shall submit to such assignment shall have the right to an examination by a physician appointed and paid for or other medical service provider, selected by the EmployerCity, and that physician’s determination upon reasonable request of the employeeCity. Upon request of the City, an Employee shall provide medical information from the Employee’s capacity to perform such modified treating physician or restricted duties shall be final medical service provider as to the employeenature of the Employee’s eligibility injury, the extent of disability, the prognosis for recovery, and the anticipated time period that the disability will prevent the Employee from returning from to work. SECTION 23.11. Injury leave with pay shall terminate upon any one of the following events: A. Twelve months have lapsed since the injury leavewas administratively approved; B. the BWC determines that the injury is not compensable, or C. The Employee is no longer disabled. SECTION 23.12. Modified No Employee shall return to work from injury leave without the approval of the City physician. 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 has been injured on duty assignments may and is required to leave work that day because of that work-related injury, he or she shall be made within paid for the Police Division where appropriate modified duty is availableremaining hours of that workday, or shift, at his or her regular rate. Such time shall not be charged to leave of any kind. SECTION 23.14. An employee being released by the attending physician to modified duty will be placed on shall not receive vacation, holiday or sick leave pay during an injury leave if the Division Chief determines modified duty within the Division is unavailablewith pay. Section 39.7. Any employee who has returned to work in a light duty or restricted duty status before the usage of 1040 hours injury leave time may xxxx-off due to complications of an old injury on injury leave. Any employee, who has returned to work to full duty status and has not used the 1040 hours injury leave, may xxxx off for future medical treatment on the old injury. Leave under this Article shall not extend more than three (3) years from the date of the injury or contracting of the disease.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

INJURY LEAVE. Section 39.1. Any A. Injury leave shall be granted to protect an employee who is injured while on duty against complete loss of salary when she/he has sustained an injury arising out of, or has contracted a disease while on duty will be entitled to receive in the course of, the actual performance of his/her normal pay for 1040 job. Injury leave shall not exceed 240 hours for each in any calendar year or as a result of any single injury or disease contracted while on dutyillness. To be eligible the employee does not have Injury leave is considered to be off the entire 1040 hours from the date independent of his injury. The City’s decision other leave accruals. B. In order to grant or deny receive injury leave will be made within ten (10) calendar days from the date the completed injury leave request form is submitted by the employee benefits, employees must report an injury, without delay, to their immediate supervisor, who must complete an accident report and forward it to the Human Resources Department, unless Department within two (2) days following the parties do not have sufficient information accident. C. Employees who are injured in the performance of their duties and who are unable to render a decision or the parties agree in writing continue to an extension. If work will receive injury leave is grantedat their regular straight time hourly rate exclusive of any overtime or premium pay for up to a maximum of 240 hours. At the end of this time, then the employee may, at his/her option, use accrued sick leave and/or vacation leave, thereby extending his/her period of entitlement to full pay. The City will provide additional leave when the employee is hospitalized as a result of the injury/illness. Such leave will be placed applied for each day of hospitalization beyond the first three (3) days, up to a maximum of forty (40) hours. An employee may not receive Workers' Compensation insurance disability payments while on injury leave or may not receive injury leave payments while receiving Workers' Compensation insurance disability payments. All Workers' Compensation payments, except those which are for permanent, partial, or total disability, will be made directly to the City for the entire period of time that an employee receives injury leave. Injury leave (240 hours period following the accident) shall be counted as "time worked" for the purpose of accruing benefits. Time spent on injury leave shall not be counted as "time worked" for the purpose of determining eligibility for merit increase, for completion of probationary status, or for computation of overtime. D. To use injury leave for the time specified by purpose of seeking or engaging in other employment without the attending physician in which the employee is unable to perform his/her work duties. If an employee is not granted injury leave or if sufficient information does not exist to warrant a determination, the employee may utilize approved sick leave, vacation leave, or compensatory time. If injury leave is initially denied and later approved and an employee has utilized sick or other leaves, the employee shall have the leave balances restored. If an employee denied injury leave has applied for and been granted/approved for workers’ compensation temporary total disability benefits based upon the injury the employee shall have his leave balances reaccredited. Section 39.2. To be placed on injury leave and receive the benefits set forth in this Article, an employee has the burden of proving that any disease or injury suffered by him/her was incurred in the course of or arising out of his/her employment with the City. Employees must report any injury to his/her immediate supervisor immediately upon the occurrence written approval of the injury (or, if physically unable to do so, as soon as the employee is capable). The employee must file a claim with the Bureau Human Resources Director automatically constitutes termination of Workers’ Compensation (BWC) and said claim must be certified by the BWC. If injury leave is initially granted by the City and at a later time the BWC denies certification of the claim, the injury leave will then be disallowed and all injury leave wages paid during the period of injury leave will be deducted from the employee’s sick leave, vacation leave or compensatory leave balances. Section 39.3. When an employee is absent for more than 1040 hours, the employee may receive payment from the Bureau of Workers’ Compensation in accordance with the applicable rules and regulations. Under this provision, the employee will continue to accrue sick leave and vacation time for a maximum period of one (1) year at the rate of 2/3 the regular rate when the employee elects to receive Workers’ Compensation benefits. Section 39.4. Injury leave shall be denied the employee where he/she has either failed to prove his/her disease or injury is occupationally connected or was incurred in the course and arising out of his/her employment with the City, has failed to immediately report such injury to his/her immediate supervisor or his/her claim has been denied by the BWC as not being work related. The employee has the burden of proving that any disease or injury suffered by him/her was incurred in the course of or arising out of his/her employment with the City. Section 39.5. Any E. Failure of an employee shall to report to his/her job at the end of his/her injury and authorized leave will be entitled considered a voluntary resignation by the employee unless a request for leave of absence without pay has been approved prior to credit for service time accumulated during injury leave in determining eligibility for salary step advancement and other benefits where tenure is a factorthe expiration of all paid leave. Section 39.6. Any employee otherwise qualified for injury leave or sick leave based on the physician’s determination to be capable F. Upon expiration of performing modified or restricted duties at any time after any injury may be assigned to perform such duties in lieu of being placed on injury leave or Workers’ Compensation. An employee who objects to such assignment shall have the right to an examination by a physician appointed and paid for by the Employer, and that physician’s determination of the employee’s capacity to perform such modified or restricted duties shall be final as to the employee’s eligibility for injury leave. Modified duty assignments may be made within the Police Division where appropriate modified duty is available. An employee being released by the attending physician to modified duty will be placed on injury leave if the Division Chief determines modified duty within the Division is unavailable. Section 39.7. Any employee who has returned to work in a light duty or restricted duty status before the usage of 1040 hours injury leave time may xxxx-off due to complications of an old injury on injury leave. Any employee, who has returned to work to full duty status and has not used the 1040 hours injury leave, may xxxx off the City will pay the normal City share of health, dental, life and long term disability insurance premiums, according to the individual employee's participation level in such benefits, for future medical treatment on the old injury. Leave under this Article shall not extend more than three up to two (32) years from the date of the months for employees who remain unable to work due to a work-related injury or contracting of the diseaseillness.

Appears in 1 contract

Samples: Collective Bargaining Agreement

INJURY LEAVE. Section 39.1. Any In the event an employee who becomes disabled by reason of service-connected injury or illness and is injured while on duty or has contracted a disease while on duty will unable to perform his duties, and in addition to any sick leave benefits otherwise provided herein, he may be entitled to receive his/her normal full pay for 1040 hours for each a period of up to one (1) year. In the event that an employee is granted said injury or disease contracted while on duty. To leave, the Board's sole obligation shall be eligible to pay the employee does not have the difference between his regular pay and any compensation, disability, or other payments received from other sources provided by the board. At the employee's option, the employee shall either surrender and deliver any compensation, disability, or other benefits to be off the entire 1040 hours board and receive from the date Board his entire salary payment, or alternatively, the employee may retain the compensation, disability or other benefits and receive from the Board only the difference of his injurypay. The City’s decision If an employee returns to grant or deny work from injury leave will be made within ten after less than one (101) calendar days from the date the completed injury leave request form is submitted by the employee year, he may return to the Human Resources Department, unless the parties do not have sufficient information to render a decision or the parties agree in writing to an extension. If injury leave is granted, then the employee will be placed on injury leave for the same injury for an additional period of time specified by which, when added to the attending physician in which the employee is unable to perform his/her work dutiesinitial period of injury leave, totals no more than one (1) year. If When an employee is not granted returns to work from injury leave or if sufficient information does not exist to warrant a determination, the employee may utilize approved sick leave, vacation leave, or compensatory time. If injury leave is initially denied and later approved and an employee has utilized sick or other leaves, the employee he shall have the leave balances restored. If an employee denied injury leave has applied for and been granted/approved for workers’ compensation temporary total disability benefits based upon the injury the employee shall have his leave balances reaccredited. Section 39.2. To be placed on injury leave and receive the benefits set forth in this Article, an employee has the burden of proving that any disease or injury suffered by him/her was incurred in the course of or arising out of his/her employment with the City. Employees must report any injury entitled to his/her immediate supervisor immediately upon the occurrence of the injury (or, if physically unable to do so, as soon as the employee is capable). The employee must file a claim with the Bureau of Workers’ Compensation (BWC) and said claim must be certified by the BWC. If injury leave is initially granted by the City and at a later time the BWC denies certification of the claim, the injury leave will then be disallowed and all injury leave wages paid during the new period of injury leave will be deducted from the employee’s sick leave, vacation leave or compensatory leave balances. Section 39.3. When an employee is absent for more than 1040 hours, the employee may receive payment from the Bureau of Workers’ Compensation in accordance with the applicable rules and regulations. Under this provision, the employee will continue to accrue sick leave and vacation time for a maximum period of up to one (1) year at the rate of 2/3 the regular rate when if the employee elects submits a new injury claim due to receive Workers’ an independent event causing re-injury or a new injury. When an employee requests injury leave, he or she shall be placed on "conditional injury leave" until a determination of whether or not an injury or illness is work related and the employee is entitled to injury leave is initially made by the Board's Workmen's Compensation benefits. Section 39.4carrier, with the final determination, if necessary, to be made by the Xxxxxxx'x Compensation Bureau of Court. Injury leave 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 the time off charged against his or her accumulated sick time and if necessary, against any other accumulated leave time. If the employee where he/she has either failed leaves the employ of the board prior to prove his/her disease or injury is occupationally connected or was incurred in reimbursing the course and arising out of his/her employment with board for such advanced time, the City, has failed to immediately report such injury to his/her immediate supervisor or his/her claim has been denied by the BWC as not being work related. The employee has the burden of proving that any disease or injury suffered by him/her was incurred in the course of or arising out of his/her employment with the City. Section 39.5. Any employee shall be entitled required to credit reimburse the Board for service time accumulated during injury leave in determining eligibility for salary step advancement and other benefits where tenure is a factor. Section 39.6. Any employee otherwise qualified for injury leave or sick leave based on the physician’s determination to be capable of performing modified or restricted duties at any time after any injury may be assigned to perform such duties in lieu of being placed on injury leave or Workers’ Compensation. An employee who objects to such assignment shall have the right to an examination by a physician appointed and paid for by the Employer, and that physician’s determination of the employee’s capacity to perform such modified or restricted duties shall be final as to the employee’s eligibility for injury leave. Modified duty assignments may be made within the Police Division where appropriate modified duty is available. An employee being released by the attending physician to modified duty will be placed on injury leave if the Division Chief determines modified duty within the Division is unavailable. Section 39.7. Any employee who has returned to work in a light duty or restricted duty status before the usage of 1040 hours injury leave time may xxxx-off due to complications of an old injury on injury leaveadvanced time. Any employee, who has returned is injured, whether slight or severe, while working, he must make an injury report to work the Chief of Emergency Services, or his designee by the end of the shift, or if that is not medically possible, as soon thereafter as possible. The process shall comply with the District Health and Safety Program. It is understood that the employee must file an injury report with the Board Administrator so that the Board may file the appropriate Worker's Compensation Claim. Failure to full duty status so report said injury may result in the failure of the employee receiving compensation under this article. The employee shall be required to present evidence by a certificate of a physician designated by the insurance carrier that he is unable to work, and has the Board may reasonably require the employee to present such certification from time to time. If the Board does not used accept the 1040 hours certification of the physician designated by the insurance carrier, the Board shall have the right, at its own cost, to require the employee to obtain a physical examination and certification of fitness by a physician appointed by the Board. In the event the Board appointed physician certifies the employee fit to return to duty, injury leave, may xxxx off for future medical treatment on the old injury. Leave leave benefits granted under this Article shall not extend more than three (3) years from be terminated, unless the date employee's physician disputes the determination of the injury or contracting Board's appointed physician. Then the Board and the employee shall mutually agree upon a third physician who shall examine the employee. The cost of the diseasethird physician shall be borne equally by the Board and the employee. The determination of the third physician as to the employee's fitness to return to duty shall be final and binding upon all parties. In the event the third physician also certifies the employee fit to return to duty, injury leave benefits granted under this article shall be terminated.

Appears in 1 contract

Samples: Collective Bargaining Agreement

INJURY LEAVE. Section 39.1. 18.1 On Job Injuries, Length of Injury Leave Any employee who is injured while on duty or has had contracted a disease while on duty will be entitled to receive his/her normal pay for 1040 during the first 1248 hours for each being off due to the injury or disease contracted while on dutydisease. To be eligible the employee does not have to be off the entire 1040 1248 hours, and an employee who returns to work from injury leave and is subsequently unable to work as a result of the injury or disease is entitled to return to injury leave if the 1248 hours has not been exhausted. Leave under this Article shall not extend more than three (3) years from the date of his injurythe injury or contracting of the disease. The City’s City decision to grant or deny injury leave will be made within ten (10) calendar days from the date the completed written request for injury leave request form is submitted by the employee to the Human Resources Departmentemployee, unless the parties do not have sufficient information to render a decision or the parties agree in writing to an extension. If injury leave is granted, granted then the employee will be placed on injury leave from the date of the injury for the time specified by the attending physician in which the employee is unable to perform his/her work duties. If an employee is not granted injury leave or if sufficient information does not exist to warrant a determination, the employee may utilize approved sick leave, vacation leave, or compensatory time. If injury leave is initially denied and later approved and an employee has utilized sick or other leaves, leaves the employee shall have the leave balances restored. If an employee denied injury leave has applied for and been granted/approved for workers’ compensation temporary total disability benefits based upon the injury then the employee shall be placed on injury leave and have his his/her other leave balances reaccreditedre-credited. Section 39.2. 18.2 Proof for Injury Leave To be placed on injury leave and receive the benefits set forth in this Article, an employee has the burden of proving that any disease or injury suffered by him/her was incurred in the course of or arising out of his/her employment with the City. Employees must report any injury to his/her immediate supervisor immediately upon the occurrence of the injury (or, if physically unable to do so, as soon as the employee is capable). The employee must file a claim with the Bureau of Workers’ Compensation (BWC) and said claim must be certified by the BWC. If injury leave is initially granted by the City and at a later time the BWC denies certification of the claim, the injury leave will then be disallowed and all injury leave wages paid during the period of injury leave will be deducted from the employee’s sick leave, vacation leave or compensatory leave balances. Section 39.3. When an employee is absent for more than 1040 hours, the employee may receive payment from the Bureau 18.3 Denial of Workers’ Compensation in accordance with the applicable rules and regulations. Under this provision, the employee will continue to accrue sick leave and vacation time for a maximum period of one (1) year at the rate of 2/3 the regular rate when the employee elects to receive Workers’ Compensation benefits. Section 39.4. Injury Leave Injury leave shall be denied the employee where he/she has either failed to prove his/her disease or injury is occupationally connected or was incurred in the course and arising out of his/her employment with the City, has failed to immediately report such injury to his/her immediate supervisor or his/her claim has been denied by the BWC as not being work related. The employee has the burden of proving that any disease or injury suffered by him/her was incurred in the course of or arising out of his/her employment with the City. Section 39.5. Any employee shall be entitled to credit for service time accumulated during injury leave in determining eligibility for salary step advancement and other benefits where tenure is a factor. Section 39.6. Any employee otherwise qualified for injury leave or sick leave based on the physician’s determination to be capable of performing modified or restricted duties at any time after any injury may be assigned to perform such duties in lieu of being placed on injury leave or Workers’ Compensation. An employee who objects to such assignment shall have the right to an examination by a physician appointed and paid for by the Employer, and that physician’s determination of the employee’s capacity to perform such modified or restricted duties shall be final as to the employee’s eligibility for injury leave. Modified duty assignments may be made within the Police Division where appropriate modified duty is available. An employee being released by the attending physician to modified duty will be placed on injury leave if the Division Chief determines modified duty within the Division is unavailable. Section 39.7. Any employee who has returned to work in a light duty or restricted duty status before the usage of 1040 hours injury leave time may xxxx-off due to complications of an old injury on injury leave. Any employee, who has returned to work to full duty status and has not used the 1040 hours injury leave, may xxxx off for future medical treatment on the old injury. Leave under this Article shall not extend more than three (3) years from the date of the injury or contracting of the disease.

Appears in 1 contract

Samples: Collective Bargaining Agreement

INJURY LEAVE. Section 39.1. Any (1) In the event an employee who becomes disabled by reason of service-connected injury or illness and is injured while on duty or has contracted a disease while on duty will unable to perform their duties, then, in addition to any sick leave benefits otherwise provided for herein, they may be entitled to receive his/her normal full pay for 1040 hours a period of up to one (1) year. (2) If an employee returns to work from injury leave for each less than one (1) year, they may return to injury leave for the same injury for an additional period of time which, when added to the initial period of injury leave, totals no more than one (1) year. (3) When an employee returns from injury leave, they shall be entitled to a new period of injury leave for a period of up to one (1) year if the employee submits a new injury claim due to an independent event causing re-injury or disease contracted while a new injury. (1) When an employee request injury leave, they shall be placed on duty"conditional injury leave" until a determination of whether or not an injury or illness is work related and the employee is entitled to injury leave is initially made by the Township's Workers Compensation carrier, with the final determination, if necessary, to be made by the Worker's Compensation Bureau or Court. To 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 eligible denied injury leave and shall have all time off charged against their accumulated sick time and, if necessary, against any other accumulated leave time. If the employee does not have enough accumulated time off, they 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 off required to reimburse the Township for such advanced time. (2) 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 their 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 their payments to the Township and receive their entire 1040 salary payment, or the Township shall pay the difference. (C) Any employee who is injured, whether slight or severe, while working, must make an immediate report within two (2) hours from thereof to the date immediate supervisor. (D) It is understood that the employee must file an injury report with the immediate supervisor so that the Township may file the appropriate Worker's Compensation Claim. Failure to report said injury may result in the failure of his injury. The City’s decision to grant or deny injury leave will be made within ten (10) calendar days from the date the completed injury leave request form is submitted by the employee to receive compensation under this Article. (E) The employee shall be required to present evidence by a certificate of a physician designated by the Human Resources Departmentinsurance carrier that they are unable to work, and the Township may reasonably require the employee to present such certificate from time to time. (F) If the Township does not accept the certificate of the physician designated by the insurance carrier, the Township shall have the right, as its own cost, to require the employee to obtain a physical examination and certification of fitness by a physician appointed by the Township. (G) In the event the Township-appointed physician certifies the employee fit to return to duty, injury leave benefits granted under this Article shall be terminated, unless the parties do not have sufficient information employee disputes the determination of the Township-appointed physician. Then the Township and the employee shall mutually agree upon a third physician who shall examine the employee. The cost of the third physician shall be borne equally by the Township and the employee. The determination of the third physician as to render a decision or the parties agree in writing employee's fitness to an extensionreturn to duty shall be final and binding upon the parties. If In the event the third physician also certifies the employee fit to return to duty, injury leave is grantedbenefits granted under this Article shall be terminated. (H) If the Township can prove that an employee has abused their privileges under this Article, then the employee will be placed on injury leave for the time specified subject to disciplinary action by the attending physician in which the employee is unable Township, up to perform his/her work duties. If an employee is not granted injury leave or if sufficient information does not exist to warrant a determination, the employee may utilize approved sick leave, vacation leave, or compensatory time. If injury leave is initially denied and later approved and an employee has utilized sick or other leaves, the employee shall have the leave balances restored. If an employee denied injury leave has applied for and been granted/approved for workers’ compensation temporary total disability benefits based upon the injury the employee shall have his leave balances reaccreditedincluding termination. Section 39.2. To be placed on injury leave and receive the benefits set forth in this Article, an employee has the burden of proving that any disease or injury suffered by him/her was incurred in the course of or arising out of his/her employment with the City. Employees must report any injury to his/her immediate supervisor immediately upon the occurrence of the injury (or, if physically unable to do so, as soon as the employee is capable). The employee must file a claim with the Bureau of Workers’ Compensation (BWC) and said claim must be certified by the BWC. If injury leave is initially granted by the City and at a later time the BWC denies certification of the claim, the injury leave will then be disallowed and all injury leave wages paid during the period of injury leave will be deducted from the employee’s sick leave, vacation leave or compensatory leave balances. Section 39.3. When an employee is absent for more than 1040 hours, the employee may receive payment from the Bureau of Workers’ Compensation in accordance with the applicable rules and regulations. Under this provision, the employee will continue to accrue sick leave and vacation time for a maximum period of one (1) year at the rate of 2/3 the regular rate when the employee elects to receive Workers’ Compensation benefits. Section 39.4. Injury leave shall be denied the employee where he/she has either failed to prove his/her disease or injury is occupationally connected or was incurred in the course and arising out of his/her employment with the City, has failed to immediately report such injury to his/her immediate supervisor or his/her claim has been denied by the BWC as not being work related. The employee has the burden of proving that any disease or injury suffered by him/her was incurred in the course of or arising out of his/her employment with the City. Section 39.5. Any employee shall be entitled to credit for service time accumulated during injury leave in determining eligibility for salary step advancement and other benefits where tenure is a factor. Section 39.6. Any employee otherwise qualified for injury leave or sick leave based on the physician’s determination to be capable of performing modified or restricted duties at any time after any injury may be assigned to perform such duties in lieu of being placed on injury leave or Workers’ Compensation. An employee who objects to such assignment shall have the right to an examination by a physician appointed and paid for by the Employer, and that physician’s determination of the employee’s capacity to perform such modified or restricted duties shall be final as to the employee’s eligibility for injury leave. Modified duty assignments may be made within the Police Division where appropriate modified duty is available. An employee being released by the attending physician to modified duty will be placed on injury leave if the Division Chief determines modified duty within the Division is unavailable. Section 39.7. Any employee who has returned to work in a light duty or restricted duty status before the usage of 1040 hours injury leave time may xxxx-off due to complications of an old injury on injury leave. Any employee, who has returned to work to full duty status and has not used the 1040 hours injury leave, may xxxx off for future medical treatment on the old injury. Leave under this Article shall not extend more than three (3) years from the date of the injury or contracting of the disease.

Appears in 1 contract

Samples: Collective Bargaining Agreement

INJURY LEAVE. Section 39.1. 18.1 On Job Injuries, Length of Injury Leave Any employee who is injured while on duty or has had contracted a disease while on duty will be entitled to receive his/her normal pay for 1040 during the first 1248 hours for each being off due to the injury or disease contracted while on dutydisease. To be eligible the employee does not have to be off the entire 1040 1248 hours, and an employee who returns to work from injury leave and is subsequently unable to work as a result of the injury or disease is entitled to return to injury leave if the 1248 hours has not been exhausted. Leave under this Article shall not extend more than three (3) years from the date of his injurythe injury or contracting of the disease. The City’s City decision to grant or deny injury leave will be made within ten (10) calendar days from the date the completed written request for injury leave request form is submitted by the employee to the Human Resources Departmentemployee, unless the parties do not have sufficient information to render a decision or the parties agree in writing to an extension. If injury leave is granted, granted then the employee will be placed on injury leave from the date of the injury for the time specified by the attending physician in which the employee is unable to perform his/her work duties. If an employee is not granted injury leave or if sufficient information does not exist to warrant a determination, the employee may utilize approved sick leave, vacation leave, or compensatory time. If injury leave is initially denied and later approved and an employee has utilized sick or other leaves, leaves the employee shall have the leave balances restored. If an employee denied injury leave has applied for and been granted/approved for workers’ compensation temporary total disability benefits based upon the injury then the employee shall be placed on injury leave and have his his/her other leave balances reaccreditedre-credited. Section 39.2. 18.2 Proof for Injury Leave To be placed on injury leave and receive the benefits set forth in this Article, an employee has the burden of proving that any disease or injury suffered by him/her was incurred in the course of or arising out of his/her employment with the City. Employees must report any injury to his/her immediate supervisor immediately upon the occurrence of the injury (or, if physically unable to do so, as soon as the employee is capable). The employee must file a claim with the Bureau of Workers’ Compensation (BWC) and said claim must be certified by the BWC. If injury leave is initially granted by the City and at a later time the BWC denies certification of the claim, the injury leave will then be disallowed and all injury leave wages paid during the period of injury leave will be deducted from the employee’s sick leave, vacation leave or compensatory leave balances. Section 39.3. When an employee is absent for more than 1040 hours, the employee may receive payment from the Bureau 18.3 Denial of Workers’ Compensation in accordance with the applicable rules and regulations. Under this provision, the employee will continue to accrue sick leave and vacation time for a maximum period of one (1) year at the rate of 2/3 the regular rate when the employee elects to receive Workers’ Compensation benefits. Section 39.4. Injury Leave Injury leave shall be denied the employee where he/she has either failed to prove his/her disease or injury is occupationally connected or was incurred in the course and arising xxxxxxx out of his/her employment with the City, has failed to immediately report such injury to his/her immediate supervisor or his/her claim has been denied by the BWC as not being work related. The employee has the burden of proving that any disease or injury suffered by him/her was incurred in the course of or arising out of his/her employment with the City. Section 39.5. Any employee shall be entitled to credit for service time accumulated during injury leave in determining eligibility for salary step advancement and other benefits where tenure is a factor. Section 39.6. Any employee otherwise qualified for injury leave or sick leave based on the physician’s determination to be capable of performing modified or restricted duties at any time after any injury may be assigned to perform such duties in lieu of being placed on injury leave or Workers’ Compensation. An employee who objects to such assignment shall have the right to an examination by a physician appointed and paid for by the Employer, and that physician’s determination of the employee’s capacity to perform such modified or restricted duties shall be final as to the employee’s eligibility for injury leave. Modified duty assignments may be made within the Police Division where appropriate modified duty is available. An employee being released by the attending physician to modified duty will be placed on injury leave if the Division Chief determines modified duty within the Division is unavailable. Section 39.7. Any employee who has returned to work in a light duty or restricted duty status before the usage of 1040 hours injury leave time may xxxx-off due to complications of an old injury on injury leave. Any employee, who has returned to work to full duty status and has not used the 1040 hours injury leave, may xxxx off for future medical treatment on the old injury. Leave under this Article shall not extend more than three (3) years from the date of the injury or contracting of the disease.

Appears in 1 contract

Samples: Collective Bargaining Agreement

INJURY LEAVE. Section 39.1. Any 22.01 An employee who is injured while on duty or has contracted duty, on the City's payroll and is temporarily and totally disabled for a disease while on duty will period exceeding seven (7) calendar days and is entitled to Workers' Compensation, shall be eligible for a total of 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. The employee shall be entitled to receive his/her normal pay for 1040 hours for each injury or disease contracted while on duty. To be eligible the employee does not have to be off the entire 1040 hours from the date of his injury. The City’s decision to grant or deny injury leave will be made within ten (10) calendar days from the date the completed injury leave request form is submitted by the employee to the Human Resources Department, unless the parties do not have sufficient information to render a decision or the parties agree in writing to an extension. If injury leave is granted, then the employee will be placed on injury leave for the time specified by the attending physician in any injury which the employee is unable to perform his/her work duties. If an employee is not granted injury leave or if sufficient information does not exist to warrant a determination, the employee may utilize approved sick leave, vacation leave, or compensatory time. If injury leave is initially denied and later approved and an employee has utilized sick or other leaves, the employee shall have the leave balances restored. If an employee denied injury leave has applied for and been granted/approved for workers’ compensation temporary total disability benefits based upon the injury the employee shall have his leave balances reaccredited. Section 39.2. To be placed on injury leave and receive the benefits set forth in this Article, an employee has the burden of proving that any disease or injury suffered by him/her was incurred occurs in the course and scope of or arising out of his/her employment their duties with the City. Employees must report any injury exception of those injuries considered to his/her immediate supervisor immediately upon the occurrence of the injury (orbe repetitive injuries, if physically unable to do soi.e., as soon as the employee is capable). The employee must file a claim with the Bureau of Workers’ Compensation (BWC) and said claim must carpal tunnel syndrome. 22.02 Should payments be certified made by the BWC. If Employer to an employee for an injury leave that is initially granted subsequently found to be a non-compensable injury, such payments made by the City and at a later time the BWC denies certification of the claim, the injury leave will then be disallowed and all injury leave wages paid during the period of injury leave will Employer shall be deducted from the employee’s 's accumulated leave credits (e.g., sick leave, vacation leave vacation, etc.) or compensatory leave balancespayroll deduction. Section 39.322.03 If at the end of this ninety (90) calendar day period the employee is still disabled, the leave may, at the Employer's sole discretion, be extended for an additional ninety (90) calendar day period or portion thereof. Said extension of paid injury leave shall not be unreasonably denied. 22.04 Time off during paid injury leave shall count toward service credit and vacation accruals. There shall be no accrual of sick leave credit while being paid injury leave. 22.05 When receiving injury leave pay, the employee shall sign off and refund the City any loss of time compensation received under Ohio Workers' Compensation for such time an employee is absent for more than 1040 hours, the employee may receive payment from the Bureau of Workers’ Compensation in accordance with the applicable rules and regulations. Under this provision, the employee will continue to accrue sick leave and vacation time for a maximum period of one (1) year at the rate of 2/3 the regular rate when the employee elects to receive Workers’ Compensation benefitspaid injury leave. Section 39.4. Injury leave shall be denied the employee where he/she has either failed to prove his/her disease or injury is occupationally connected or was incurred in the course and arising out of his/her employment with the City, has failed to immediately report such injury to his/her immediate supervisor or his/her claim has been denied by the BWC as not being work related. 22.06 The employee has the burden of proving that any disease or injury suffered by him/her was incurred in the course of or arising out of his/her employment with the City. Section 39.5. Any employee shall be entitled to credit for service time accumulated during injury leave in determining eligibility for salary step advancement and other benefits where tenure is a factor. Section 39.6. Any employee otherwise qualified for injury leave or sick leave based on the physician’s determination to be capable of performing modified or restricted duties at any time after any injury may be assigned to perform such duties in lieu of being placed on injury leave or Workers’ Compensation. An employee who objects to such assignment Employer shall have the right to an examination require the employee to have a physical exam by a physician appointed and paid for by the Employer, and that physician’s determination of the employee’s capacity to perform such modified or restricted duties shall be final as to the employee’s eligibility for injury leave. Modified duty assignments may be made within the Police Division where appropriate modified duty is available. . 22.07 An employee being released by the attending physician to modified duty will be placed on injury leave if the Division Chief determines modified or receiving temporary total compensation through Worker's Compensation or similar self-funded program as a result of an on duty within the Division is unavailable. Section 39.7. Any employee who has returned injury, may be required to return to work in a light duty or restricted duty status before transitional work assignment as determined by the usage of 1040 hours injury leave time may xxxx-off due to complications of an old injury on injury leaveEmployer. Any employee, who has returned to work to full duty status Such assignments will be for cases that are temporary in nature and has not used the 1040 hours injury leave, may xxxx off for future medical treatment will take into consideration any limitations placed on the old injury. Leave under this Article shall not extend more than three (3) years from employee by the date of the injury or contracting of the diseaseattending physician.

Appears in 1 contract

Samples: Collective Bargaining Agreement

INJURY LEAVE. Section 39.1. Any 28.01 An employee who is injured while disabled as a result of the performance of hazardous duties, as defined below, either on duty or has contracted off regular hours of duty, if such disability prevents him from performing his duties shall be paid his regular compensation during the continuance of such service-related disability, but for a disease while on duty will be entitled period not to receive his/her normal pay for 1040 hours for each injury or disease contracted while on duty. To be eligible the employee does not have to be off the entire 1040 hours from the date of his injury. The City’s decision to grant or deny injury leave will be made within ten exceed one hundred eighty (10180) calendar days from the date the completed that such service-related disability was incurred. During such injury leave request form is submitted by the employee to the Human Resources Department, unless the parties do not have sufficient information to render a decision or the parties agree in writing to an extension. If injury leave is granted, then the employee will be placed on injury leave for the time specified by the attending physician in which the employee is unable to perform his/her work duties. If an employee is not granted injury leave or if sufficient information does not exist to warrant a determination, the employee may utilize approved sick leave, vacation leave, or compensatory time. If injury leave is initially denied and later approved and an employee has utilized sick or other leaves, the employee compensation shall have the leave balances restored. If an employee denied injury leave has applied for and been granted/approved for workers’ compensation temporary total disability benefits based upon the injury the employee shall have his leave balances reaccredited. Section 39.2. To be placed on injury leave and receive the benefits set forth in this Article, an employee has the burden of proving that any disease or injury suffered by him/her was incurred in the course of or arising out of his/her employment with the City. Employees must report any injury to his/her immediate supervisor immediately upon the occurrence of the injury (or, if physically unable to do so, as soon as the employee is capable). The employee must file a claim with the Bureau of Workers’ Compensation (BWC) and said claim must be certified by the BWC. If injury leave is initially granted by the City and at a later time the BWC denies certification of the claim, the injury leave will then be disallowed and all injury leave wages paid during the period of injury leave will be deducted from the employee’s sick leave, vacation leave or compensatory leave balances. Section 39.3. When an employee is absent for more than 1040 hours, the employee may receive payment from the Bureau of Workers’ Compensation in accordance with this section whether or not the applicable rules regular employee has accumulated sick leave. Hazardous duties includes but is not limited to apprehension or attempted apprehension of suspects, active participation in prevention of crimes and regulations. Under this provisionthe pursuit of suspects. 28.02 In those cases where the Employer appeals a claim and where an employee’s injury prohibits him from working “light-duty” or “TWL”, and the only medically approved treatment is surgery or an MRI is required to determine the type of treatment and injury, the employee will continue to accrue sick leave and vacation one hundred eighty (180) day time for a maximum period of one (1) year at the rate of 2/3 the regular rate when the employee elects to receive Workers’ Compensation benefits. Section 39.4. Injury leave limit shall be denied the employee where he/she has either failed to prove his/her disease or injury is occupationally connected or was incurred in the course and arising out of his/her employment with the City, has failed to immediately report such injury to his/her immediate supervisor or his/her claim has been denied by the BWC as not being work related. The employee has the burden of proving that any disease or injury suffered by him/her was incurred in the course of or arising out of his/her employment with the City. Section 39.5. Any employee shall be entitled to credit for service time accumulated during injury leave in determining eligibility for salary step advancement and other benefits where tenure is a factor. Section 39.6. Any employee otherwise qualified for injury leave or sick leave based on the physician’s determination to be capable of performing modified or restricted duties at any time after any injury may be assigned to perform such duties in lieu of being placed on injury leave or Workers’ Compensation. An employee who objects to such assignment shall have the right to an examination by a physician appointed and paid for by the Employer, and that physician’s determination of the employee’s capacity to perform such modified or restricted duties shall be final as to the employee’s eligibility for injury leave. Modified duty assignments may be made within the Police Division where appropriate modified duty is available. An employee being released by the attending physician to modified duty will be placed on injury leave if the Division Chief determines modified duty within the Division is unavailable. Section 39.7. Any employee who has returned to work in a light duty or restricted duty status before the usage of 1040 hours injury leave time may xxxx-off due to complications of an old injury on injury leave. Any employee, who has returned to work to full duty status and has not used the 1040 hours injury leave, may xxxx off for future medical treatment on the old injury. Leave under this Article shall not extend more than three (3) years extended from the date of the injury Employer’s appeal to the date of initial determination by Workers’ Compensation, providing the approval was not delayed by the employee or contracting employee’s physician. 28.03 An employee who is disabled as a result of the diseaseperformance of non-hazardous duties within the scope of his employment, if such disability prevents him from performing his duties, shall be paid his regular compensation during the continuance of such service-related disability, but for a period not to exceed one hundred eighty (180) calendar days from the date such service- related disability was incurred. During such injury leave, compensation shall be paid in accordance with this section whether or not the regular employee has accumulated sick leave. In the event accumulated sick leave is available, however, and a service-related disability within the meaning of this paragraph is incurred, the first twenty (20) days of said service-related disability shall be charged to said employee’s accumulated sick leave credit, or if less than twenty (20) days accumulated sick leave credit is available, the existing sick leave credit shall be charged and any remaining service related disability shall be charged to injury leave. In no event will an employee receive more than his regular compensation while on injury leave. 28.04 An employee who obtains a paid leave under this Article shall file for workers’ compensation and sign a waiver assigning to the City those sums of money (temporary total disability benefits) he would ordinarily receive as his weekly compensation as determined by law for those number of weeks he receives benefits under this Article. 28.05 Injured employees shall submit a request to the Safety Director to receive injury leave pursuant to the terms of this Article. The Safety Director shall determine if the employee is eligible to receive benefits under this Article. If the employee disagrees with the Safety Director’s determination, he may file a grievance at Step 3 of the grievance procedure as defined herein. 28.06 The Employer may require an employee on injury leave to work “light duty” or a “temporary work level” program in accordance with current Departmental Policy.

Appears in 1 contract

Samples: Collective Bargaining Agreement

INJURY LEAVE. Section 39.1SECTION 1. Any employee who is injured while on duty or has contracted a disease while on duty will be entitled to receive his/her his normal pay for 1040 during the first 1456 hours for each per injury, once injury or disease contracted while on dutyleave is approved by the Board of Trustees. To be eligible eligible, the employee does need not have to be off the entire 1040 hours from the date of his injury1456 hours. SECTION 2. The City’s Township decision to grant or deny injury leave will be made within ten thirty (1030) calendar days from the date the completed injury leave written request form for Injury Leave is submitted by the employee to the Human Resources Departmentemployee, unless the parties do not have sufficient information information, referring specifically to Injury Leave guidelines in the System Manual, to render a decision or the parties agree in writing to an extension. No Member shall be granted Injury Leave with pay unless authorized by the Board of Trustees. SECTION 3. The Trustees and/or the Fire Chief may require the Member to be examined by a physician, appointed by and paid for by the Township, regarding the injury/alleged injury. SECTION 4. If injury leave Xxxxxx Leave is granted, then the employee will be placed on injury leave for Injury Leave from the time specified by date of the attending physician in which the employee is unable to perform his/her work dutiesinjury. If an employee is not granted injury leave or if sufficient information does not exist to warrant a determinationInjury Leave, the employee may utilize approved sick leave, vacation leave, or compensatory Holiday time. If injury leave Injury Leave is initially denied and later approved and an employee has utilized sick or other leaves, the employee shall have the leave balances restored. If an employee denied injury leave has applied for and been granted/approved for workers’ compensation temporary total disability benefits based upon the injury the employee shall have his leave balances reaccredited. Section 39.2SECTION 5. To be placed on injury leave Injury Leave and receive the benefits set forth in this Article, an the employee has the burden of proving that any disease or injury suffered by him/her him was incurred in the course of or arising and arises out of his/her his employment with the CityTownship. Employees must report any injury injury, or reoccurrence of injury, to his/her his immediate supervisor immediately upon within seventy-two (72) hours by filing the occurrence of appropriate paperwork, referring specifically to Injury Leave guidelines in the injury (orSystem Manual, or if physically unable to do so, as soon as the employee is capable). The employee must file a claim with the Bureau of Workers’ Compensation (BWC) and said claim must be certified by the BWC. If injury leave is initially granted by the City and at a later time the BWC denies certification of the claim, the injury leave will then be disallowed and all injury leave wages paid during the period of injury leave will be deducted from the employee’s sick leave, vacation leave or compensatory leave balances. Section 39.3. When an employee is absent for more than 1040 hours, the employee may receive payment from the Bureau of Workers’ Compensation in accordance with the applicable rules and regulations. Under this provision, the employee will continue to accrue sick leave and vacation time for a maximum period of one (1) year at the rate of 2/3 the regular rate when the employee elects to receive Workers’ Compensation benefits. Section 39.4SECTION 6. Injury leave Leave shall be denied to the employee where he/she when he has either failed to prove his/her his disease or injury is occupationally connected or and was incurred in the course and arising out of his/her his employment with the City, has failed to immediately report such injury to his/her immediate supervisor or his/her claim has been denied by the BWC as not being work related. The employee has the burden of proving that any disease or injury suffered by him/her was incurred in the course of or arising out of his/her employment with the CityTownship. Section 39.5SECTION 7. Any An employee shall be entitled to credit for service time accumulated during injury leave Injury Leave in determining eligibility for salary step advancement and other benefits where tenure is a factor. Section 39.6SECTION 8. Any employee otherwise qualified for injury leave or sick leave based on Injury Leave whom the physician’s determination Chief of the department determines to be capable of performing modified light or restricted duties duties, may at any time after any an injury may occurs, at the discretion of the Fire Chief, and after being notified in writing be assigned to perform such duties in lieu of being placed on injury leave or Workers’ Compensationleave. An employee who objects to such assignment shall have the right to an examination by a physician appointed and paid for by the EmployerTownship. If the employee objects to the physician selected by the Township, then the Township and that the employee shall mutually select a physician who shall conduct the examination. The physician’s 's determination of the employee’s 's capacity to perform such modified light or restricted duties shall be final as to the employee’s 's eligibility for injury leave. Modified In the event of an objection, the employee shall not be required to perform such light or restricted duties until certified as able of performing such by a physician. This section does not guarantee that a light-duty assignments may position will/will not be made within the Police Division where appropriate modified duty is available. An employee being released by the attending physician to modified duty will be placed on injury leave if the Division Chief determines modified duty within the Division is unavailable. Section 39.7SECTION 9. Any employee who has returned to work in a light duty or restricted duty status before the usage of 1040 hours injury leave time may xxxx-off due to complications of an old injury While on injury leave. Any , each employee may be required to furnish monthly medical information to the Fire Chief regarding the status of said employee, who has returned to work to full duty status and has not used the 1040 hours injury leave, may xxxx off for future medical treatment on the old 's injury. Leave under this Article The cost of obtaining such information shall not extend more than three (3) years from be borne by the date of the injury or contracting of the diseaseTownship.

Appears in 1 contract

Samples: Collective Bargaining Agreement