Common use of Injury Pay Clause in Contracts

Injury Pay. 1. When an employee who is covered by this Agreement, sustains an injury within the scope of his/her employment for which he/she is entitled to receive worker's compensation temporary disability benefits, as provided by Chapter 102 of the Wisconsin Statutes (Worker's Compensation Act), he/she may receive 80% of his/her base salary as "injury pay" instead of such worker's compensation benefits for the period of time he/she may be temporarily totally or temporarily partially disabled because of such injuries. Such injury pay shall not be granted for more than 365 calendar days for any one compensable injury or recurrence thereof. The 80% provision shall become effective January 1, 1987, and shall cover employees receiving injury pay benefits on or after that date regardless of the date on which the compensable injury or recurrence thereof occurred. 2. In providing injury pay in an amount equal to 80% of the employee's base salary, the employee agrees to allow the City to make a payroll adjustment to his/her biweekly paycheck deducting an amount equal to 20% of his/her base salary for that portion of the pay period he/she received injury pay and make no subsequent claim for said amount whatsoever. Such deduction shall be administered so as not to reduce employee pension benefits. For purposes of interpretation of the provisions of this Article, the term base salary as used herein shall mean the employee's base salary pay rate in effect during the pay period he/she is claiming injury pay as that base salary rate is established in the BASE SALARY Article of this Agreement. 3. After "injury pay" benefits have been exhausted, employees shall have the option of accepting sick leave benefits or accepting worker's compensation temporary disability benefits. This option, which shall be in writing, may be terminated without prejudice to temporary total or temporary partial disability benefits under the Worker's Compensation Act thereafter, but such termination shall not be retroactive and any sick leave already used at the time of such termination of option shall not be restored to the employee. 4. Questions involving eligibility for injury pay shall be determined under the applicable law and the substantive and procedural rules of the Department of Industry, Labor and Human Relations relative to Worker's Compensation and in the event of a dispute between the City and the employee relative to such eligibility, the Department of Industry, Labor and Human Relations and the courts upon the statutorily prescribed review thereof shall be the sole and final arbiters of such dispute. 5. In all third-party claims or actions, the City shall not be limited in its recovery to the amount of temporary disability benefits which would otherwise have been payable under the Worker's Compensation Act, but shall instead be entitled to recover the amount of injury pay received by the employee. In the event the City recovers an amount of injury pay received by the employee, the City shall restore the employee's number of calendar days (equivalent amount of recovery) for said injury. 6. Whenever an employee sustains a compensable injury, he or she shall immediately notify his or her commanding officer of this fact. Each instance of injury pay that the employee fails to comply with the requirements of this subsection shall result in the employee losing his/her entitlement to any injury pay for that instance. 7. If the Internal Revenue Service (IRS) determines that the injury pay benefits provided hereunder are taxable as wages, then beginning with the effective date of such determination, the City will no longer require the 20% employee deduction from injury pay benefits provided for in subsections 1. and 2. of this Article, above. 8. Employees reporting absent due to a compensable injury shall be governed by the Rules and Regulations and Standard Operating Procedure of the Police Department pertaining thereto. 9. In no case shall temporary disability benefits and injury pay be allowed for the same period of time. 10. During the period of an employee's absence from duty due to a duty-incurred injury, the employee shall be permitted to leave his/her residence or place of confinement so long as he/she has first obtained a written statement from his/her personal physician stating that such travel will further his/her recuperation and the employee has first presented his/her personal physician's statement to his/her commanding officer or shift commander. Whenever an employee authorized to leave his/her residence or place of confinement, leaves the confines of Milwaukee County, he/she shall provide his/her commanding officer written advance notice of this departure indicating on the notice the time period he/she will be out of Milwaukee County, location(s) where he/she can be reached and, if a location has an address and/or telephone number, the address and/or telephone number of the location(s). While outside the confines of Milwaukee County, the employee shall be required to notify his/her commanding officer of his/her whereabouts by telephone of any changes in the locations indicated on the advance notice. During any fifteen (15) day period, an employee shall not be permitted to remain outside the confines of Milwaukee County for more than 14 consecutive calendar days. Except as provided herein and in subsection 6 of the VACATION Article of this Agreement, Rule 5, Section 7 of the Milwaukee Police Department Rules and Regulations shall remain unchanged and in full force and effect.

Appears in 6 contracts

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

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Injury Pay. 1. When an employee who is employees covered by this Agreement, sustains an injury Agreement sustain injuries within the scope of his/her their employment for which he/she is they are entitled to receive worker's compensation temporary disability benefits, as provided by Chapter 102 of the Wisconsin Statutes (Worker's Compensation Act), he/she they may receive 80% of his/her their base salary as "injury pay" instead of such worker's compensation benefits for the period of time he/she they may be temporarily totally or temporarily partially disabled because of such injuries. Such injury pay shall not be granted for more than 365 calendar days for any one compensable injury or recurrence thereof. The 80% provision shall become effective January 1, 1987, and shall cover employees receiving injury pay benefits on or after that date regardless of the date on which the compensable injury or recurrence thereof occurred. 2. In providing injury pay in an amount equal to 80% of the employee's base salary, the employee agrees to allow the City to make a payroll adjustment to his/her biweekly paycheck pay check deducting an amount equal to 20% of his/her base salary for that portion of the pay period he/she received injury pay and make no subsequent claim for said amount whatsoever. Such deduction shall be administered so as not to reduce employee pension benefits. For purposes of interpretation of the provisions of this Article, the term base salary as used herein shall mean the employee's base salary pay rate in effect during the pay period he/she is claiming injury pay as that base salary rate is established in the BASE SALARY Article provision of this Agreement. 3. After "injury pay" benefits have been exhausted, employees shall have the option of accepting sick leave benefits or accepting workerWorker's compensation Compensation temporary disability benefits. This option, which shall be in writing, may be terminated without prejudice to temporary total temporary, total, or temporary partial temporary, partial, disability benefits under the Worker's Compensation Act thereafter, but such termination shall not be retroactive and any sick leave already used at the time of such termination of option shall not be restored to the employee. 4. Questions involving eligibility for injury pay shall be determined under the applicable law and the substantive and procedural rules of the Department of Industry, Labor and Human Relations relative to Worker's Compensation and in the event of a dispute between the City and the employee relative to such eligibility, the Department of Industry, Labor and Human Relations and the courts upon the statutorily prescribed review thereof shall be the sole and final arbiters of such dispute. 5. As a condition of eligibility for receipt of such injury leave benefits, employees must comply with the following requirements: a. Employees requesting injury leave must notify their immediate supervisor directly and no later than one hour before their shift begins. Such notice must include the nature of the disability. Employees returning from injury leave must notify their immediate supervisor directly and no later than one hour before their shift begins. b. Employees on injury leave shall not leave their residence on any scheduled On- Duty day during such leave. If employees are required to leave their residence to visit their personal physician or a Department physician or for any other justifiable reason, they shall notify or arrange to notify their immediate superior of their actual whereabouts prior to their leaving. c. The Fire Chief reserves the right to order a Department representative or physician to investigate any case at any time and to further order appropriate treatment on the advice of the Department physician. The Department physician has the authority to order an employee on injury leave to return to duty. d. An employee who is on injury leave as of Friday of one week and who has not returned to duty by the following Tuesday, shall report on each Tuesday which is a normally scheduled On-Duty day, at a time and place designated by the Chief Engineer for the duration of such injury leave. If such employee is not ambulatory, has a conflicting medical appointment elsewhere at that time or is hospitalized, such employee shall telephone the Assistant Chief or Department Secretary to inform of his/her condition. e. Employees are not permitted to engage in any off-duty employment while on injury leave. 6. If the Internal Revenue Service (IRS) determines that the injury pay benefits provided hereunder are taxable as wages, then beginning with the effective date of such determination, the City will no longer require the 20% employee deduction from injury pay benefits provided for in subsections 1 and 2 of this Article, above. 7. In all third-party claims or actions, the City shall not be limited in its recovery to the amount of temporary disability benefits which would otherwise have been payable under the Worker's Compensation Act, but shall instead be entitled to recover the amount of injury pay received by the employee. In the event the City recovers an amount of injury pay received by the employee, the City shall restore the employee's number of calendar days (equivalent amount of recovery) for said injury. 68. Whenever an employee sustains a compensable injury, he Employees appointed to the Firefighter or she Paramedic position classifications shall immediately notify his or her commanding officer of this fact. Each instance of injury pay that the employee fails not be entitled to comply with the requirements of this subsection shall result in the employee losing his/her entitlement to any injury pay for that instance. 7. If the Internal Revenue Service (IRS) determines that the injury pay benefits provided hereunder for any injury they may sustain while on duty during the period of time they are taxable as wagesassigned to the Fire Academy or the Medical College of Wisconsin for recruit training. Such employees shall instead be covered by State of Wisconsin Workers' Compensation Act (WCA) temporary disability benefits during such period, then beginning with the effective date of such determination, the City will no longer require the 20% employee deduction from injury pay benefits including all applicable terms and conditions provided for in the WCA. The provisions of subsections 1. 5 and 2. of this Article, above. 8. Employees reporting absent due to a compensable injury 7 shall be governed by the Rules and Regulations and Standard Operating Procedure of the Police Department pertaining theretoapplicable to employees covered hereunder. 9. In no case case, shall temporary disability benefits and "injury pay pay" be allowed for the same period of time. 10. During Administration and control of the period provisions of an employee's absence from duty due to a duty-incurred injury, the employee this Article shall be permitted to leave his/her residence or place of confinement so long as he/she has first obtained a written statement from his/her personal physician stating that such travel will further his/her recuperation and by the employee has first presented his/her personal physician's statement to his/her commanding officer or shift commander. Whenever an employee authorized to leave his/her residence or place of confinement, leaves the confines of Milwaukee County, he/she shall provide his/her commanding officer written advance notice of this departure indicating on the notice the time period he/she will be out of Milwaukee County, location(s) where he/she can be reached and, if a location has an address and/or telephone number, the address and/or telephone number of the location(s). While outside the confines of Milwaukee County, the employee shall be required to notify his/her commanding officer of his/her whereabouts by telephone of any changes in the locations indicated on the advance notice. During any fifteen (15) day period, an employee shall not be permitted to remain outside the confines of Milwaukee County for more than 14 consecutive calendar days. Except as provided herein and in subsection 6 of the VACATION Article of this Agreement, Rule 5, Section 7 of the Milwaukee Police Department Rules and Regulations shall remain unchanged and in full force and effectCity.

Appears in 4 contracts

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

Injury Pay. 2 (1. ) When an employee who is employees covered by this Agreement, sustains an injury Agreement sustain injuries within the 3 scope of his/her their employment for which he/she is they are entitled to receive worker's ’s 4 compensation temporary disability benefits, benefits as provided by Chapter 102 of 5 the Wisconsin Statutes (Worker's ’s Compensation Act), he/she they may receive 6 eighty percent (80% %) of his/her their base salary as "injury pay" instead of such 7 worker's ’s compensation benefits for the period of time he/she they may be 8 temporarily totally or temporarily partially disabled because of such 9 injuries. Such injury pay shall not be granted for more than 365 three hundred 10 sixty five (365) calendar days for any one compensable injury or 11 recurrence thereof. The eighty percent (80% %) provision shall become effective January 1, 1987, and shall cover 12 employees receiving injury pay benefits on or after that date regardless of the date on which 13 the compensable injury or recurrence thereof occurred. 14 (2. ) In providing injury pay in an amount equal to eighty percent (80% %) of the 15 employee's ’s base salary, the employee agrees to allow the City County to make 16 a payroll adjustment to his/her biweekly paycheck deducting an amount 17 equal to twenty percent (20% %) of his/her base salary for that portion of the 18 pay period he/she received injury pay and make no subsequent claim for 19 said amount whatsoever. Such deduction shall be administered so as not 20 to reduce employee pension benefits. For purposes of interpretation of the 21 provisions of this Article, the term base salary as used herein shall mean 22 the employee's ’s base salary pay rate in effect during the pay period he/she 23 is claiming injury pay as that base salary rate is established in the BASE 24 SALARY Article of this Agreement. 25 (3. After "injury pay" benefits have been exhausted, employees shall have the option of accepting sick leave benefits or accepting worker's compensation temporary disability benefits. This option, which shall be in writing, may be terminated without prejudice to temporary total or temporary partial disability benefits under the Worker's Compensation Act thereafter, but such termination shall not be retroactive and any sick leave already used at the time of such termination of option shall not be restored to the employee. 4. Questions involving eligibility for injury pay shall be determined under the applicable law and the substantive and procedural rules of the Department of Industry, Labor and Human Relations relative to Worker's Compensation and in the event of a dispute between the City and the employee relative to such eligibility, the Department of Industry, Labor and Human Relations and the courts upon the statutorily prescribed review thereof shall be the sole and final arbiters of such dispute. 5. In all third-party claims or actions, the City shall not be limited in its recovery to the amount of temporary disability benefits which would otherwise have been payable under the Worker's Compensation Act, but shall instead be entitled to recover the amount of injury pay received by the employee. In the event the City recovers an amount of injury pay received by the employee, the City shall restore the employee's number of calendar days (equivalent amount of recovery) for said injury. 6. Whenever an employee sustains a compensable injury, he or she shall immediately notify his or her commanding officer of this fact. Each instance of injury pay that the employee fails to comply with the requirements of this subsection shall result in the employee losing his/her entitlement to any injury pay for that instance. 7. If the Internal Revenue Service (IRS) determines that the injury pay 26 benefits provided hereunder are taxable as wages, then beginning with the 27 effective date of such determination, the City County will no longer require the 28 twenty percent (20% %) employee deduction from injury pay benefits 29 provided for in subsections 1. and 2. of this Article, above. 8. Employees reporting absent due to a compensable injury shall be governed by the Rules and Regulations and Standard Operating Procedure of the Police Department pertaining thereto. 9. In no case shall temporary disability benefits and injury pay be allowed for the same period of time. 10. During the period of an employee's absence from duty due to a duty-incurred injury, the employee shall be permitted to leave his/her residence or place of confinement so long as he/she has first obtained a written statement from his/her personal physician stating that such travel will further his/her recuperation and the employee has first presented his/her personal physician's statement to his/her commanding officer or shift commander. Whenever an employee authorized to leave his/her residence or place of confinement, leaves the confines of Milwaukee County, he/she shall provide his/her commanding officer written advance notice of this departure indicating on the notice the time period he/she will be out of Milwaukee County, location(s) where he/she can be reached and, if a location has an address and/or telephone number, the address and/or telephone number of the location(s). While outside the confines of Milwaukee County, the employee shall be required to notify his/her commanding officer of his/her whereabouts by telephone of any changes in the locations indicated on the advance notice. During any fifteen (15) day period, an employee shall not be permitted to remain outside the confines of Milwaukee County for more than 14 consecutive calendar days. Except as provided herein and in subsection 6 of the VACATION Article of this Agreement, Rule 5, Section 7 of the Milwaukee Police Department Rules and Regulations shall remain unchanged and in full force and effect.30

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Injury Pay. 1. When an employee who is covered by this Agreement, sustains an injury within the scope of his/her employment for which he/she is entitled to receive worker's compensation temporary disability benefits, as provided by Chapter 102 of the Wisconsin Statutes (Worker's Compensation Act), he/she may receive 80% of his/her base salary as "injury pay" instead of such worker's compensation benefits for the period of time he/she may be temporarily totally or temporarily partially disabled because of such injuries. Such injury pay shall not be granted for more than 365 calendar days for any one compensable injury or recurrence thereof. The 80% provision shall become effective January 1, 1987, and shall cover employees receiving injury pay benefits on or after that date regardless of the date on which the compensable injury or recurrence thereof occurred. 2. In providing injury pay in an amount equal to 80% of the employee's base salary, the employee agrees to allow the City to make a payroll adjustment to his/her biweekly paycheck deducting an amount equal to 20% of his/her base salary for that portion of the pay period he/she received injury pay and make no subsequent claim for said amount whatsoever. Such deduction shall be administered so as not to reduce employee pension benefits. For purposes of interpretation of the provisions of this Article, the term base salary as used herein shall mean the employee's base salary pay rate in effect during the pay period he/she is claiming injury pay as that base salary rate is established in the BASE SALARY Article of this Agreement. 3. After "injury pay" benefits have been exhausted, employees shall have the option of accepting sick leave benefits or accepting worker's compensation temporary disability benefits. This option, which shall be in writing, may be terminated without prejudice to temporary total or temporary partial disability benefits under the Worker's Compensation Act thereafter, but such termination shall not be retroactive and any sick leave already used at the time of such termination of option shall not be restored to the employee. 4. Questions involving eligibility for injury pay shall be determined under the applicable law and the substantive and procedural rules of the Department of Industry, Labor and Human Relations relative to Worker's Compensation and in the event of a dispute between the City and the employee relative to such eligibility, the Department of Industry, Labor and Human Relations and the courts upon the statutorily prescribed review thereof shall be the sole and final arbiters of such dispute. 5. In all third-party claims or actions, the City shall not be limited in its recovery to the amount of temporary disability benefits which would otherwise have been payable under the Worker's Compensation Act, but shall instead be entitled to recover the amount of injury pay received by the employee. In the event the City recovers an amount of injury pay received by the employee, the City shall restore the employee's number of calendar days (equivalent amount of recovery) for said injury. 6. Whenever an employee sustains a compensable injury, he or she shall immediately notify his or her commanding officer of this fact. Each instance of injury pay that the employee fails to comply with the requirements of this subsection shall result in the employee losing his/her entitlement to any injury pay for that instance. 7. If the Internal Revenue Service (IRS) determines that the injury pay benefits provided hereunder are taxable as wages, then beginning with the effective date of such determination, the City will no longer require the 20% employee deduction from injury pay benefits provided for in subsections 1. and 2. of this Article, above. 8. Employees reporting absent due to a compensable injury shall be governed by the Rules and Regulations and Standard Operating Procedure of the Police Department pertaining thereto. 9. In no case shall temporary disability benefits and injury pay be allowed for the same period of time. 10. During the period of an employee's absence from duty due to a duty-incurred injury, the employee shall be permitted to leave his/her residence or place of confinement so long as he/she has first obtained a written statement from his/her personal physician stating that such travel will further his/her recuperation and the employee has first presented his/her personal physician's statement to his/her commanding officer or shift commander. Whenever an employee authorized to leave his/her residence or place of confinement, leaves the confines of Milwaukee County, he/she shall provide his/her commanding officer written advance notice of this departure indicating on the notice the time period he/she will be out of Milwaukee County, location(s) where he/she can be reached and, if a location has an address and/or telephone number, the address and/or telephone number of the location(s). While outside the confines of Milwaukee County, the employee shall be required to notify his/her commanding officer of his/her whereabouts by telephone of any changes in the locations indicated on the advance notice. During any fifteen (15) day period, an employee shall not be permitted to remain outside the confines of Milwaukee County for more than 14 consecutive calendar days. Except as provided herein and in subsection 6 of the VACATION Article of this Agreement, Rule 5, Section 7 of the Milwaukee Police Department Rules and Regulations shall remain unchanged and in full force and effect.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Injury Pay. Effective as soon as administratively practicable after the execution date of the 1997-1999 City/Union Agreement, injury pay shall be as described below. Prior to that date injury pay benefits shall be as stated in Article 19, Injury Pay, of the 1995-1996 City/Union Agreement. 1. When an employee who is employees covered by this Agreement, sustains an injury Agreement sustain injuries within the scope of his/her their employment for which he/she is they are entitled to receive worker's ' s compensation temporary disability benefits, as provided by Chapter 102 of the Wisconsin Statutes (Worker's ' s Compensation Act), he/she they may receive 80% of his/her their base salary as "injury pay" instead of such worker's ' s compensation benefits for the period of time he/she they may be temporarily totally or temporarily partially disabled because of such injuries. Such injury pay shall not be granted for more than 365 calendar days for any one compensable injury or recurrence thereof. The For an employee receiving eighty hours of injury pay in a pay period, the amount of injury pay shall be the net pay such employee would have received had he or she been working during such pay period, but not more than 80% provision shall become effective January of his or her base salary nor less than the minimum amount required by the Worker' s Compensation Act. For purposes of this article, "net pay" is the employee' s base salary minus the following, as determined by the City: (1) FICA withholding, 1987, (2) Medicare withholding and shall cover employees (3) the federal and state income tax withholding as prescribed by law for the pay period immediately prior to the pay period for which he or she is determined to be eligible for injury pay. For an employee receiving less than eighty hours of injury pay benefits on in a pay period, the injury pay shall be 80% of his or after that date regardless of the date on which the compensable injury or recurrence thereof occurredher base salary. 2. In providing injury pay as indicated in an amount equal to 80% of the employee's base salary1., above, the employee agrees to allow the City to make a the applicable payroll adjustment to his/his or her biweekly paycheck deducting an amount equal and agrees to 20% of his/her base salary for that portion of the pay period he/she received injury pay and make no subsequent claim for said amount whatsoever. Such deduction shall be administered so as not to reduce employee pension benefits. For purposes of interpretation of the provisions of this Article, the term base salary as used herein shall mean the employee's ' s base salary pay rate in effect during the pay period he/he or she is claiming receiving injury pay as that base salary rate is established in the BASE SALARY Article of this Agreementpay. 3. After "injury pay" benefits have been exhausted, employees shall have the option of accepting sick leave benefits or accepting worker's compensation Worker' s Compensation temporary disability benefits. This option, which shall be in writing, may be terminated without prejudice to temporary total total, or temporary partial partial, disability benefits under the Worker's ' s Compensation Act thereafter, but such termination shall not be retroactive and any sick leave already used at the time of such termination of option shall not be restored to the employee. 4. Questions involving eligibility for injury pay shall be determined under the applicable law and the substantive and procedural rules of the Department of Industry, Labor and Human Relations relations relative to Worker's ' s Compensation and in the event of a dispute between the City and the employee relative to such eligibility, the Department of Industry, Labor and Human Relations and the courts upon the statutorily prescribed review thereof shall be the sole and final arbiters of such dispute. 5. In all third-party claims As a condition of eligibility for receipt of such injury leave benefits, employees must comply with the following requirements: a. Employees requesting injury leave must notify their immediate supervisor directly and no later than one hour before their shift begins. Such notice must include the nature of the disability. Employees returning from injury leave must notify their immediate supervisor directly and no later than one hour before their shift begins. b. Employees shall be required to submit acceptable medical substantiation from a private physician or actionsdentist for each instance of injury leave exceeding two (2) work days; under this circumstance, the City shall not be limited in its recovery to responsible for the amount payment of temporary disability benefits which would otherwise have been payable under the Worker's Compensation Act, but shall instead be entitled to recover the amount of injury pay received any fee charged by the employee. In the event the City recovers an amount physician or dentist. c. An employee may be required by his or her Supervisor to provide acceptable medical substantiation from a private physician or dentist for each absence, regardless of injury pay received by duration, if the employee' s supervisor is informed or believes that the employee is misusing injury leave; under such circumstances, the City shall restore not be responsible for the employee's number payment of calendar days (equivalent amount any fee charged by the physician or dentist. d. Employees on injury leave shall not leave their residence on any scheduled On- Duty date during such leave. If employees are required to leave their residences to visit a personal physician or a Department physician or for any other justifiable reason, they shall notify or arrange to notify their immediate superior of recovery) their actual whereabouts prior to their leaving. e. The Chief Engineer, Fire, reserves the right to order a Department representative or physician to investigate any case at any time and to further order appropriate treatment on the advice of the Department physician. The Department physician has the authority to order an employee on injury leave to return to duty. f. An employee who is on injury leave as of Friday of one week and who has not returned to duty by the following Tuesday, shall report to the Headquarters Building on each Tuesday which is a normally scheduled On-Duty day, at the time designated by the Chief Engineer, Fire, for said injurythe duration of such injury leave. If such employee is not ambulatory, has a conflicting medical appointment elsewhere at that time or is hospitalized, such employee shall telephone the Assistant Chief or Department Secretary to inform of his/her condition. g. Employees are not permitted to engage in any off-duty employment while on injury leave. 6. Whenever an employee sustains a compensable injury, he or she shall immediately notify his or her commanding officer of this fact. Each instance of injury pay that the employee fails to comply with the requirements of this subsection shall result in the employee losing his/her entitlement to any injury pay for that instance. 7. If the Internal Revenue Service (IRS) determines that the injury pay benefits provided hereunder are taxable as wages, then beginning with the effective date of such determination, the City will no longer require the 20% applicable employee deduction deductions from injury pay benefits provided for in subsections 1. l and 2. 2 of this Article, above. 7. In all third-party claims or actions, the City shall not be limited in its recovery to the amount of temporary disability benefits which would otherwise have been payable under the Worker' s Compensation Act, but shall instead be entitled to recover the amount of injury pay received by the employee. 8. Employees reporting absent due to a compensable injury Administration and control of the provisions of this Article shall be governed by under the Rules Chief Engineer, Fire, who shall establish and Regulations maintain such rules and Standard Operating Procedure of the Police Department pertaining theretoprocedures that he deems necessary for this purpose. 9. In no case shall temporary disability benefits and injury pay be allowed for the same period of time. 10. During the period of an employee's absence from duty due to a duty-incurred injury, the An employee shall be permitted to leave who has not successfully completed his/her residence or place of confinement so long as he/she has first obtained a written statement from his/her personal physician stating that such travel will further his/her recuperation and initial probationary period with the employee has first presented his/her personal physician's statement to his/her commanding officer or shift commander. Whenever an employee authorized to leave his/her residence or place of confinement, leaves the confines of Milwaukee County, he/she shall provide his/her commanding officer written advance notice of this departure indicating on the notice the time period he/she will be out of Milwaukee County, location(s) where he/she can be reached and, if a location has an address and/or telephone number, the address and/or telephone number of the location(s). While outside the confines of Milwaukee County, the employee shall be required to notify his/her commanding officer of his/her whereabouts by telephone of any changes in the locations indicated on the advance notice. During any fifteen (15) day period, an employee City shall not be permitted entitled to remain outside the confines of Milwaukee County for more than 14 consecutive calendar days. Except as provided herein and in subsection 6 of the VACATION Article of this Agreement, Rule 5, Section 7 of the Milwaukee Police Department Rules and Regulations shall remain unchanged and in full force and effectInjury Pay.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Injury Pay. Effective as soon as administratively practicable after the execution date of this Agreement, injury pay shall be as described below. Prior to that date injury pay benefits shall be as stated in Article 35, Injury Pay, of the 1995-1996 City/Union Agreement. 1. When an employee who is covered by this Agreement, Agreement sustains an injury within the scope of his/her employment for which he/she is entitled to receive worker's compensation temporary disability benefits, as provided by Chapter 102 of the Wisconsin Statutes (Worker's Compensation Act), he/she may receive 80% of his/her base salary as "injury pay" instead of such worker's compensation benefits for the period of time he/she may be temporarily totally or temporarily partially disabled because of such injuries. Such injury pay shall not be granted for more than 365 calendar days for any one compensable injury or recurrence thereof. The For an employee receiving eighty hours of injury pay in a pay period, the amount of injury pay shall be the net pay such employee would have received had he or she been working during such pay period, but not more than 80% provision shall become effective January of his or her base salary nor less than the minimum amount required by the Worker's Compensation Act. For purposes of this article, "net pay" is the employee's base salary minus the following, as determined by the City: (1) FICA withholding, 1987, (2) Medicare withholding and shall cover employees (3) the federal and state income tax withholding as prescribed by law for the pay period immediately prior to the pay period for which he or she is determined to be eligible for injury pay. For an employee receiving less than the eighty hours of injury pay benefits on in a pay period, the injury pay shall be 80% of his or after that date regardless of the date on which the compensable injury or recurrence thereof occurredher base salary. 2. In providing injury pay as indicated in an amount equal to 80% of the employee's base salary1., above, the employee agrees to allow the City to make a the applicable payroll adjustment to his/his or her biweekly paycheck deducting an amount equal and agrees to 20% of his/her base salary for that portion of the pay period he/she received injury pay and make no subsequent claim for said amount whatsoever. Such deduction shall be administered so as not to reduce employee pension benefits. For purposes of interpretation of the provisions of this Article, the term base salary as used herein shall mean the employee's base salary pay rate in effect during the pay period he/he or she is claiming receiving injury pay as that base salary rate is established in the BASE SALARY Article of this Agreementpay. 3. After "injury pay" benefits have been exhausted, employees an employee shall have the option of accepting sick leave benefits or accepting worker's compensation temporary disability benefits. This option, which shall be in writing, may be terminated without prejudice to temporary total or temporary partial disability benefits under the Worker's Compensation Act thereafter, but such termination shall not be retroactive and any sick leave already used at the time of such termination of option shall not be restored to the employee. 4. Questions involving eligibility for injury pay shall be determined under the applicable law and the substantive and procedural rules of the Department of Industry, Labor and Human Relations relative to Worker's Compensation and in the event of a dispute between the City and the employee relative to such eligibility, the Department of Industry, Labor and Human Relations and the courts courts, upon the statutorily prescribed review thereof thereof, shall be the sole and final arbiters of such dispute. 5. Whenever an employee sustains a compensable injury, he/she shall immediately notify his/her commanding officer of this fact. Each instance of injury pay that the employee fails to comply with the requirements of this subsection shall result in the employee losing his/her entitlement to any injury pay for that instance. 6. An employee reporting absent due to a compensable injury shall be governed by the Rules and Regulations and Standard Operating Procedure of the Police Department pertaining thereto. 7. In all third-party claims or actions, the City shall not be limited in its recovery to the amount of temporary disability benefits which would otherwise have been payable under the Worker's Compensation Act, but shall instead be entitled to recover the amount of injury pay received by the employee. In the event the City recovers an amount of injury pay received by the employee, the City shall restore the employee's number of calendar days (equivalent amount of recovery) for said injury. 6. Whenever an employee sustains a compensable injury, he or she shall immediately notify his or her commanding officer of this fact. Each instance of injury pay that the employee fails to comply with the requirements of this subsection shall result in the employee losing his/her entitlement to any injury pay for that instance. 78. If the Internal Revenue Service (IRS) determines that the injury pay benefits provided hereunder are taxable as wages, then beginning with the effective date of such determination, the City will no longer require the 20% applicable employee deduction deductions from injury pay benefits provided for in subsections paragraphs 1. and 2. of this Article, above. 8. Employees reporting absent due to a compensable injury shall be governed by the Rules and Regulations and Standard Operating Procedure of the Police Department pertaining thereto. 9. In no case shall temporary disability benefits and injury pay be allowed for the same period of time. 10. During the period of an employee's absence from duty due to a duty-incurred injury, the employee employees shall be permitted to leave his/her residence or place of confinement so long as he/she has first obtained a written statement from his/her personal physician stating that such travel will further his/her recuperation and the employee has first presented his/her personal physician's statement to his/her commanding officer or shift commanderat the Medical Section. Whenever an employee authorized to leave his/her residence or place of confinement, confinement leaves the confines of Milwaukee County, he/she shall provide his/her commanding officer written advance notice of this departure indicating on the notice the time period he/she will be out of Milwaukee County, location(s) where he/she can be reached and, if a location has an address and/or telephone number, the address and/or telephone number of the location(s). While outside the confines of Milwaukee County, the employee shall be required to notify his/her commanding officer office of his/her whereabouts by telephone of any changes in the locations indicated on the advance notice. During any fifteen (15) day period, an employee shall not be permitted to remain outside the confines of Milwaukee County for more than 14 consecutive calendar days. Except as provided herein and in subsection 6 of the VACATION Article of this Agreement, Rule 5, Section 7 of the Milwaukee Police Department Rules and Regulations shall remain unchanged and in full force and effect. 10. An employee who has not successfully completed his/her initial probationary period with the City shall not be entitled to Injury Pay.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Injury Pay. 1. When an employee who is employees covered by this Agreement, sustains an injury Agreement sustain injuries within the scope of his/her their employment for which he/she is they are entitled to receive worker's compensation temporary disability benefits, as provided by Chapter 102 of the Wisconsin Statutes (Worker's Compensation Act), he/she they may receive 8070% of his/her their base salary as "injury pay" instead of such worker's compensation benefits for the period of time he/she they may be temporarily totally or temporarily partially disabled because of such injuries. Such injury pay shall not be granted for not more than 365 calendar days for any one compensable injury or recurrence thereof. The 80% provision shall become effective January 1, 1987, and shall cover employees receiving injury pay benefits on or after that date regardless of the date on which the compensable injury or recurrence thereof occurred. 2. In providing injury pay in an amount equal to 8070% of the employee's base salary, the employee agrees to allow the City to make a payroll adjustment to his/her biweekly paycheck pay check deducting an amount equal to 2030% of his/her base salary for that portion of the pay period he/she received injury pay and make no subsequent claim for said amount whatsoever. Such deduction shall be administered so as not to reduce employee pension benefits. For purposes of interpretation of the provisions of this Article, the term base salary as used herein shall mean the employee's base salary pay rate in effect during the pay period he/she is claiming injury pay as that base salary rate is established in the BASE SALARY Article provision of this Agreement. 3. After "injury pay" benefits have been exhausted, employees shall have the option of accepting sick leave benefits or accepting workerWorker's compensation Compensation temporary disability benefits. This option, which shall be in writing, may be terminated without prejudice to temporary total temporary, total, or temporary partial temporary, partial, disability benefits under the Worker's Compensation Act thereafter, but such termination shall not be retroactive and any sick leave already used at the time of such termination of option shall not be restored to the employee. 4. Questions involving eligibility for injury pay shall be determined under the applicable law and the substantive and procedural rules of the Department of Industry, Labor and Human Relations relative to Worker's Compensation and in the event of a dispute between the City and the employee relative to such eligibility, the Department of Industry, Labor and Human Relations and the courts upon the statutorily prescribed review thereof shall be the sole and final arbiters of such dispute. 5. As a condition of eligibility for receipt of such injury leave benefits, employees must comply with the following requirements: a. Employees requesting injury leave must notify their immediate supervisor directly and no later than one hour before their shift begins. Such notice must include the nature of the disability. Employees returning from injury leave must notify their immediate supervisor directly and no later than one hour before their shift begins. b. Employees on injury leave shall not leave their residence on any scheduled On-Duty day during such leave. If employees are required to leave their residence to visit their personal physician or a Department physician or for any other justifiable reasons, they shall notify or arrange to notify their immediate superior of their actual whereabouts prior to their leaving. c. The Fire Chief reserves the right to order a Department representative or physician to investigate any case at any time and to further order appropriate treatment on the advice of the Department physician. The Department physician has the authority to order an employee on injury leave to return to duty. d. An employee who is on injury leave as of Friday of one week and who has not returned to duty by the Following Tuesday, shall report to the Headquarters Building on each Tuesday which is a normally scheduled On-Duty day, at the time designated by the Fire Chief for the duration of such injury leave. If such employee is not ambulatory, has a conflicting medical appointment elsewhere at that time or is hospitalized, such employee shall telephone the Assistant Chief or Department Secretary to inform of his/her condition. e. Employees are not permitted to engage in any off-duty employment while on injury leave. 6. If the Internal Revenue Service (IRS) determines that the injury pay benefits provided hereunder are taxable as wages, then beginning with the effective date of such determination, the City will no longer require the 30% employee deduction from injury pay benefits provided for in subsections 1 and 2 of this Article, above. 7. In all third-party claims or actions, the City shall not be limited in its recovery to the amount of temporary disability benefits which would otherwise have been payable under the Worker's Compensation Act, but shall instead be entitled to recover the amount of injury pay received by the employee. In the event the City recovers an amount of injury pay received by the employee, the City shall restore the employee's number of calendar days (equivalent amount of recovery) for said injury. 68. Whenever an employee sustains a compensable injury, he or she Probationary employees shall immediately notify his or her commanding officer of this fact. Each instance of injury pay that the employee fails not be entitled to comply with the requirements of this subsection shall result in the employee losing his/her entitlement to any injury pay for that instance. 7. If the Internal Revenue Service (IRS) determines that the injury pay benefits provided hereunder for any injury they may sustain while on duty during the period of time they are taxable as wagesassigned to the Fire Academy, then beginning with or the effective date Bureau of Fire Communications for recruit training. Such employees shall instead be covered by State of Wisconsin Workers' Compensation Act (WCA) temporary disability benefits during such determinationperiod, including all applicable terms and conditions provided for in the City will no longer require the 20% WCA. The provisions of subsections 5 and 7 shall be applicable to employees covered hereunder. An employee deduction from who is receiving an ordinary disability retirement allowance shall not be entitled to injury pay benefits provided hereunder and shall be covered by WCA temporary disability benefits during the period he/she receives his/her ordinary disability retirement allowance including all applicable terms and conditions provided for in subsections 1. and 2. of this Article, above. 8. Employees reporting absent due to a compensable injury shall be governed by the Rules and Regulations and Standard Operating Procedure of the Police Department pertaining theretoWCA. 9. In no case shall temporary disability benefits and "injury pay pay" be allowed for the same period of timeperiod. 10. During Administration and control of the period provisions of an employee's absence from duty due to a duty-incurred injury, the employee this Article shall be permitted to leave his/her residence or place of confinement so long as he/she has first obtained a written statement from his/her personal physician stating that such travel will further his/her recuperation and by the employee has first presented his/her personal physician's statement to his/her commanding officer or shift commander. Whenever an employee authorized to leave his/her residence or place of confinement, leaves the confines of Milwaukee County, he/she shall provide his/her commanding officer written advance notice of this departure indicating on the notice the time period he/she will be out of Milwaukee County, location(s) where he/she can be reached and, if a location has an address and/or telephone number, the address and/or telephone number of the location(s). While outside the confines of Milwaukee County, the employee shall be required to notify his/her commanding officer of his/her whereabouts by telephone of any changes in the locations indicated on the advance notice. During any fifteen (15) day period, an employee shall not be permitted to remain outside the confines of Milwaukee County for more than 14 consecutive calendar days. Except as provided herein and in subsection 6 of the VACATION Article of this Agreement, Rule 5, Section 7 of the Milwaukee Police Department Rules and Regulations shall remain unchanged and in full force and effectCity.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Injury Pay. 1. When an employee who is employees, covered by this Agreement, sustains an injury sustain injuries within the scope of his/her their employment for which he/she is they are entitled to receive worker's compensation temporary disability benefits, as provided by Chapter 102 of the Wisconsin Statutes (Worker's Compensation Act), he/she they may receive 80% of his/her their base salary as "injury pay" instead of such worker's compensation benefits for the period of time he/she they may be temporarily totally or temporarily partially disabled because of such injuries. Such injury pay shall not be granted for more than 365 calendar days for any one compensable injury or recurrence thereof. A compensable injury associated with or arising from one or more separate incidents occurring prior to the incident constituting its immediate cause shall be deemed a recurrence and shall not give rise to additional injury pay entitlement. The 80% provision shall become effective January 1, 19871985, and shall cover employees receiving injury pay benefits on or after that date regardless of the date on which the compensable injury injury, or recurrence thereof thereof, occurred. 2. In providing injury pay in an amount equal to 80% of the employee's base salary, the employee agrees to allow the City to make a payroll adjustment to his/her biweekly paycheck deducting an amount equal to 20% of his/her base salary for that portion of the pay period he/she received injury pay and make no subsequent claim for said amount whatsoever. Such deduction shall be administered so as not to reduce employee pension benefits. For purposes of interpretation of the provisions of this Article, the term base salary as used herein shall mean the employee's base salary pay rate in effect during the pay period he/she is claiming injury pay as that base salary rate is established in the BASE SALARY Article of this Agreement. 3. After "injury pay" benefits have been exhausted, employees shall have the option of accepting sick leave benefits or accepting worker's compensation temporary disability benefits. This option, which shall be in writing, may be terminated without prejudice to temporary total or temporary partial disability benefits under the Worker's Compensation Act thereafter, but such termination shall not be retroactive and any sick leave already used at the time of such termination of option shall not be restored to the employee. 4. Questions involving eligibility for injury pay shall be determined under the applicable law and the substantive and procedural rules of the Department of Industry, Labor and Human Relations Workforce Development relative to Worker's Compensation and in the event of a dispute between the City and the employee relative to such eligibility, the Department of Industry, Labor and Human Relations Workforce Development and the courts upon the statutorily prescribed review thereof shall be the sole and final arbiters of such dispute. 5. In all third-party claims or actions, the City shall not be limited in its recovery to the amount of temporary disability benefits which would otherwise have been payable under the Worker's Compensation Act, but shall instead be entitled to recover the amount of injury pay received by the employee. In the event the City recovers an amount of injury pay received by the employee, the City shall restore the employee's number of calendar days (equivalent amount of recovery) for said injury. 6. Whenever an employee sustains a compensable injury, he or she shall immediately notify his or her commanding officer of this fact. Each instance of injury pay that the employee fails to comply with the requirements requirement of this subsection shall result in the employee losing his/her entitlement to any injury pay for that instance. 7. Employees reporting absent due to a compensable injury shall be governed by the Rules and Regulations and Standard Operating Procedure of the Police Department pertaining thereto. 8. If the Internal Revenue Service (IRS) determines that the injury pay benefits provided hereunder are taxable as wages, then beginning with the effective date of such determination, the City will no longer require the 20% employee deduction from injury pay benefits provided for in subsections 1. and 2. of this Article, above. 8. Employees reporting absent due to a compensable injury shall be governed by the Rules and Regulations and Standard Operating Procedure of the Police Department pertaining thereto. 9. In no case shall temporary disability benefits and injury pay be allowed for the same period of time. 10. Employees appointed to the Police Officer position classification shall not be entitled to the injury pay benefits provided hereunder for any injury they may sustain while on duty prior to the start of field training during the period of time they are assigned to the Police Training Academy for recruit training. Such employees shall instead be covered by State of Wisconsin Workers' Compensation Act (WCA) temporary disability benefits during such period, including all applicable terms and conditions provided for in the WCA. The provisions of subsections 6, 7 and 9, above, shall be applicable to employees governed by this subsection. 11. During the period of an employee's absence from duty due to a duty-incurred injury, the employee shall be permitted to leave his/her residence or place of confinement so long as he/she has first obtained a written statement from his/her personal physician stating that such travel will further his/her recuperation and the employee has first presented his/her personal physician's statement to his/her commanding officer or shift commander. Whenever an employee authorized to leave his/her residence or place of confinement, leaves the confines of Milwaukee County, he/she shall provide his/her commanding officer written advance notice of this departure indicating on the notice the time period he/she will be out of Milwaukee County, location(s) where he/she can be reached and, if a location has an address and/or telephone number, the address and/or telephone number of the location(s). While outside the confines of Milwaukee County, the employee shall be required to notify his/her commanding officer of his/her whereabouts by telephone of any changes in the locations indicated on the advance notice. During any fifteen (15) day period, an employee shall not be permitted to remain outside the confines of Milwaukee County for more than 14 consecutive calendar days. Except as provided herein and in subsection 6 of the VACATION Article of this Agreement, Rule 5, Section 7 of the Milwaukee Police Department Rules and Regulations shall remain unchanged and in full force and effect.. * * * The fact that the parties have entered into an agreement preserving the status of Article 25 shall not be used by either party as evidence or argument in pending proceedings to revoke the City of Milwaukee's self-insured status. In the event of a final determination by a competent tribunal, both parties shall abide by the decision and negotiate any modifications either party feels are necessary in the successor agreement

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Injury Pay. 1. When an employee who is employees covered by this Agreement, sustains an injury Agreement sustain injuries within the scope of his/her their employment for which he/she is they are entitled to receive worker's ' s compensation temporary disability benefits, as provided by Chapter 102 of the Wisconsin Statutes (Worker's ' s Compensation Act), he/she they may receive 8070% of his/her their base salary as "injury pay" instead of such worker's ' s compensation benefits for the period of time he/she they may be temporarily totally or temporarily partially disabled because of such injuries. Such injury pay shall not be granted for not more than 365 calendar days for any one compensable injury or recurrence thereof. The 80% provision shall become effective January 1, 1987, and shall cover employees receiving injury pay benefits on or after that date regardless of the date on which the compensable injury or recurrence thereof occurred. 2. In providing injury pay in an amount equal to 8070% of the employee's ' s base salary, the employee agrees to allow the City to make a payroll adjustment to his/her biweekly paycheck pay check deducting an amount equal to 2030% of his/her base salary for that portion of the pay period he/she received injury pay and make no subsequent claim for said amount whatsoever. Such deduction shall be administered so as not to reduce employee pension benefits. For purposes of interpretation of the provisions of this Article, the term base salary as used herein shall mean the employee's ' s base salary pay rate in effect during the pay period he/she is claiming injury pay as that base salary rate is established in the BASE SALARY Article provision of this Agreement. 3. After "injury pay" benefits have been exhausted, employees shall have the option of accepting sick leave benefits or accepting worker's compensation Worker' s Compensation temporary disability benefits. This option, which shall be in writing, may be terminated without prejudice to temporary total temporary, total, or temporary partial temporary, partial, disability benefits under the Worker's ' s Compensation Act thereafter, but such termination shall not be retroactive and any sick leave already used at the time of such termination of option shall not be restored to the employee. 4. Questions involving eligibility for injury pay shall be determined under the applicable law and the substantive and procedural rules of the Department of Industry, Labor and Human Relations relative to Worker's ' s Compensation and in the event of a dispute between the City and the employee relative to such eligibility, the Department of Industry, Labor and Human Relations and the courts upon the statutorily prescribed review thereof shall be the sole and final arbiters of such dispute. 5. In all third-party claims or actionsAs a condition of eligibility for receipt of such injury leave benefits, employees must comply with the City following requirements: a. Employees requesting injury leave must notify their immediate supervisor directly and no later than one hour before their shift begins. Such notice must include the nature of the disability. Employees returning from injury leave must notify their immediate supervisor directly and no later than one hour before their shift begins. b. Employees on injury leave shall not be limited in its recovery leave their residence on any scheduled On- Duty day during such leave. If employees are required to leave their residence to visit their personal physician or a Department physician or for any other justifiable reasons, they shall notify or arrange to notify their immediate superior of their actual whereabouts prior to their leaving. c. The Fire Chief reserves the right to order a Department representative or physician to investigate any case at any time and to further order appropriate treatment on the advice of the Department physician. The Department physician has the authority to order an employee on injury leave to return to duty. d. An employee who is on injury leave as of Friday of one week and who has not returned to duty by the Following Tuesday, shall report to the amount of temporary disability benefits Headquarters Building on each Tuesday which would otherwise have been payable under is a normally scheduled On-Duty day, at the Worker's Compensation Act, but shall instead be entitled to recover the amount of injury pay received time designated by the employeeFire Chief for the duration of such injury leave. In If such employee is not ambulatory, has a conflicting medical appointment elsewhere at that time or is hospitalized, such employee shall telephone the event the City recovers an amount Assistant Chief or Department Secretary to inform of his/her condition. e. Employees are not permitted to engage in any off-duty employment while on injury pay received by the employee, the City shall restore the employee's number of calendar days (equivalent amount of recovery) for said injuryleave. 6. Whenever an employee sustains a compensable injury, he or she shall immediately notify his or her commanding officer of this fact. Each instance of injury pay that the employee fails to comply with the requirements of this subsection shall result in the employee losing his/her entitlement to any injury pay for that instance. 7. If the Internal Revenue Service (IRS) determines that the injury pay benefits provided hereunder are taxable as wages, then beginning with the effective date of such determination, the City will no longer require the 2030% employee deduction from injury pay benefits provided for in subsections 1. 1 and 2. 2 of this Article, above. 7. In all third-party claims or actions, the City shall not be limited in its recovery to the amount of temporary disability benefits which would otherwise have been payable under the Worker' s Compensation Act, but shall instead be entitled to recover the amount of injury pay received by the employee. 8. Employees reporting absent due Probationary employees shall not be entitled to a compensable the injury pay benefits provided hereunder for any injury they may sustain while on duty during the period of time they are assigned to the Fire Academy, or the Bureau of Fire Communications for recruit training. Such employees shall instead be covered by State of Wisconsin Workers' Compensation Act (WCA) temporary disability benefits during such period, including all applicable terms and conditions provided for in the WCA. The provisions of subsections 5 and 7 shall be governed applicable to employees covered hereunder. An employee who is receiving an ordinary disability retirement allowance shall not be entitled to injury pay benefits provided hereunder and shall be covered by WCA temporary disability benefits during the Rules period he/she receives his/her ordinary disability retirement allowance including all applicable terms and Regulations and Standard Operating Procedure of conditions provided for in the Police Department pertaining theretoWCA. 9. In no case shall temporary disability benefits and "injury pay pay" be allowed for the same period of timeperiod. 10. During Administration and control of the period provisions of an employee's absence from duty due to a duty-incurred injury, the employee this Article shall be permitted to leave his/her residence or place of confinement so long as he/she has first obtained a written statement from his/her personal physician stating that such travel will further his/her recuperation and by the employee has first presented his/her personal physician's statement to his/her commanding officer or shift commander. Whenever an employee authorized to leave his/her residence or place of confinement, leaves the confines of Milwaukee County, he/she shall provide his/her commanding officer written advance notice of this departure indicating on the notice the time period he/she will be out of Milwaukee County, location(s) where he/she can be reached and, if a location has an address and/or telephone number, the address and/or telephone number of the location(s). While outside the confines of Milwaukee County, the employee shall be required to notify his/her commanding officer of his/her whereabouts by telephone of any changes in the locations indicated on the advance notice. During any fifteen (15) day period, an employee shall not be permitted to remain outside the confines of Milwaukee County for more than 14 consecutive calendar days. Except as provided herein and in subsection 6 of the VACATION Article of this Agreement, Rule 5, Section 7 of the Milwaukee Police Department Rules and Regulations shall remain unchanged and in full force and effectCity.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Injury Pay. 3 1. When an employee who is employees, covered by this Agreement, sustains an injury sustain injuries within the scope of his/her their employment 4 for which he/she is they are entitled to receive worker's compensation temporary disability benefits, as 5 provided by Chapter 102 of the Wisconsin Statutes (Worker's Compensation Act), he/she they may receive 6 80% of his/her their base salary as "injury pay" instead of such worker's compensation benefits for the 7 period of time he/she they may be temporarily totally or temporarily partially disabled because of such 8 injuries. Such injury pay shall not be granted for more than 365 calendar days for any one 9 compensable injury or recurrence thereof. A compensable injury associated with or arising from 10 one or more separate incidents occurring prior to the incident constituting its immediate cause shall 11 be deemed a recurrence and shall not give rise to additional injury pay entitlement. The 80% provision shall become effective January 1, 1987, and shall cover employees receiving injury pay 13 benefits on or after that date regardless of the date on which the compensable injury injury, or recurrence thereof 14 thereof, occurred. 15 2. In providing injury pay in an amount equal to 80% of the employee's base salary, the employee 16 agrees to allow the City to make a payroll adjustment to his/her biweekly paycheck deducting an 17 amount equal to 20% of his/her base salary for that portion of the pay period he/she received injury 18 pay and make no subsequent claim for said amount whatsoever. Such deduction shall be 19 administered so as not to reduce employee pension benefits. For purposes of interpretation of the 20 provisions of this Article, the term base salary as used herein shall mean the employee's base salary 21 pay rate in effect during the pay period he/she is claiming injury pay as that base salary rate is 22 established in the BASE SALARY Article of this Agreement. 23 3. After "injury pay" benefits have been exhausted, employees shall have the option of accepting sick 24 leave benefits or accepting worker's compensation temporary disability benefits. This option, which 25 shall be in writing, may be terminated without prejudice to temporary total or temporary partial 26 disability benefits under the Worker's Compensation Act thereafter, but such termination shall not 1 be retroactive and any sick leave already used at the time of such termination of option shall not be 2 restored to the employee. 3 4. Questions involving eligibility for injury pay shall be determined under the applicable law and the 4 substantive and procedural rules of the Department of Industry, Labor and Human Relations Workforce Development relative to Worker's Compensation and in the event of a dispute between the City and the employee relative to such eligibility, the Department of Industry, Labor and Human Relations and the courts upon the statutorily prescribed review thereof shall be the sole and final arbiters of such dispute. 5. In all third-party claims or actions, the City shall not be limited in its recovery to the amount of temporary disability benefits which would otherwise have been payable under the Worker's Compensation Act, but shall instead be entitled to recover the amount of injury pay received by the employee. In the event the City recovers an amount of injury pay received by the employee, the City shall restore the employee's number of calendar days (equivalent amount of recovery) for said injury. 6. Whenever an employee sustains a compensable injury, he or she shall immediately notify his or her commanding officer of this fact. Each instance of injury pay that the employee fails to comply with the requirements of this subsection shall result in the employee losing his/her entitlement to any injury pay for that instance. 7. If the Internal Revenue Service (IRS) determines that the injury pay benefits provided hereunder are taxable as wages, then beginning with the effective date of such determination, the City will no longer require the 20% employee deduction from injury pay benefits provided for in subsections 1. and 2. of this Article, above. 8. Employees reporting absent due to a compensable injury shall be governed by the Rules and Regulations and Standard Operating Procedure of the Police Department pertaining thereto. 9. In no case shall temporary disability benefits and injury pay be allowed for the same period of time. 10. During the period of an employee's absence from duty due to a duty-incurred injury, the employee shall be permitted to leave his/her residence or place of confinement so long as he/she has first obtained a written statement from his/her personal physician stating that such travel will further his/her recuperation and the employee has first presented his/her personal physician's statement to his/her commanding officer or shift commander. Whenever an employee authorized to leave his/her residence or place of confinement, leaves the confines of Milwaukee County, he/she shall provide his/her commanding officer written advance notice of this departure indicating on the notice the time period he/she will be out of Milwaukee County, location(s) where he/she can be reached and, if a location has an address and/or telephone number, the address and/or telephone number of the location(s). While outside the confines of Milwaukee County, the employee shall be required to notify his/her commanding officer of his/her whereabouts by telephone of any changes in the locations indicated on the advance notice. During any fifteen (15) day period, an employee shall not be permitted to remain outside the confines of Milwaukee County for more than 14 consecutive calendar days. Except as provided herein and in subsection 6 of the VACATION Article of this Agreement, Rule 5, Section 7 of the Milwaukee Police Department Rules and Regulations shall remain unchanged and in full force and effect.'s

Appears in 1 contract

Samples: Collective Bargaining Agreement

Injury Pay. 1. Employees appointed to the Police Aide position classification on or after April 11, 1985, shall not be entitled to the injury pay benefits provided hereunder for any injury sustained while on duty. Such employees shall instead be covered by State of Wisconsin Workers' Compensation Act (WCA) temporary disability benefits during such period, including all applicable terms and conditions provided for in the WCA. The provisions of paragraphs 3. and 4., of this Article, shall be applicable to employees governed by this subsection. 2. For an employee appointed to the Police Aide position classification prior to April 11, 1985, the following is applicable: a. When an employee who is covered by this Agreement, sustains an injury within the scope of his/his or her employment for which he/he or she is entitled to receive worker's compensation temporary disability benefits, as provided by Chapter 102 of the Wisconsin Statutes (Worker's Compensation Act), he/he or she may receive 80% of his/her base salary as "injury pay" instead of such worker's compensation benefits for the period of time he/she may be temporarily totally or temporarily partially disabled because of such injuries. Such injury pay shall not be granted for more than 365 calendar days for any one compensable injury or recurrence thereof. The 80% provision shall become effective January 1, 1987, and shall cover employees receiving injury pay benefits on or after that date regardless of the date on which the compensable injury or recurrence thereof occurred. 2. b. In providing injury pay in an amount equal to 80% of the employee's base salary, the employee agrees to allow the City to make a payroll adjustment to his/her his biweekly paycheck pay check deducting an amount equal to 20% of his/his or her base salary for that portion of the pay period he/he or she received injury pay and make no subsequent claim for said amount whatsoever. Such deduction shall be administered so as not to reduce employee pension benefits. For purposes of interpretation of the provisions of this Article, the term base salary as used herein shall mean the employee's base salary pay rate in effect during the pay period he/he or she is claiming injury pay as that base salary rate is established in the BASE SALARY Article provision of this Agreement. 3. c. After "injury pay" benefits have been exhausted, employees an employee shall have the option of accepting sick leave benefits or accepting worker's compensation temporary disability benefits. This option, which shall be in writing, may be terminated without prejudice to temporary total or of temporary partial disability benefits under the Worker's Compensation Act thereafter, but such termination shall not be retroactive and any sick leave already used at the time of such termination of option shall not be restored to the employee. 4. d. Questions involving eligibility for injury pay shall be determined under the applicable law and the substantive and procedural rules of the Department of Industry, Labor and Human Relations relative to Worker's Compensation and in the event of a dispute between the City and the employee relative to such eligibility, the Department of Industry, Labor and Human Relations and the courts courts, upon the statutorily prescribed review thereof thereof, shall be the sole and final arbiters of such dispute. 5. In all third-party claims or actions, the City shall not be limited in its recovery to the amount of temporary disability benefits which would otherwise have been payable under the Worker's Compensation Act, but shall instead be entitled to recover the amount of injury pay received by the employee. In the event the City recovers an amount of injury pay received by the employee, the City shall restore the employee's number of calendar days (equivalent amount of recovery) for said injury. 63. Whenever an employee sustains a compensable injury, he or she shall immediately notify his or her commanding officer of this fact. Each instance of injury pay that the employee fails to comply with the requirements of this subsection paragraph shall result in the employee losing his/her his entitlement to any injury pay for that instance. 74. An employee reporting absent due to a compensable injury shall be governed by the Rules and Regulations and Standard Operating Procedure of the Police Department pertaining thereto. 5. If the Internal Revenue Service (IRS) determines that the injury pay benefits provided hereunder are taxable as wages, then beginning with the effective date of such determination, the City will no longer require the 20% employee deduction from injury pay benefits provided for in subsections paragraphs 1. and 2. ., of this Article, above. 8. Employees reporting absent due to a compensable injury shall be governed by the Rules and Regulations and Standard Operating Procedure of the Police Department pertaining thereto. 9. In no case shall temporary disability benefits and injury pay be allowed for the same period of time. 106. During the period of an employee's absence from duty due to a duty-incurred injury, the employee employees shall be permitted to leave his/her residence or place of confinement so long as he/she has first obtained a written statement from his/her personal physician stating that such travel will further his/her recuperation and the employee has first presented his/her personal physician's statement to his/her commanding officer or shift commander. Whenever an employee authorized to leave his/her residence or place of confinement, confinement leaves the confines of Milwaukee County, he/she shall provide his/her commanding officer written advance notice of this departure indicating on the notice the time period he/she will be out of Milwaukee County, location(s) where he/she can be reached and, if a location has an address and/or telephone number, the address and/or telephone number of the location(s). While outside the confines of Milwaukee County, the employee shall be required to notify his/her commanding officer office of his/her whereabouts by telephone of any changes in the locations indicated on the advance notice. During any fifteen (15) day period, an employee shall not be permitted to remain outside the confines of Milwaukee County for more than 14 consecutive calendar days. Except as provided herein and in subsection 6 of the VACATION Article of this Agreement, Rule 5, Section 7 of the Milwaukee Police Department Rules and Regulations shall remain unchanged and in full force and effect.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Injury Pay. 1. When If an employee who is covered injured on the job and his supervisor excuses him from further duty for the balance of his shift, the employee's regular rate of pay shall continue for the balance of that shift and there shall be no deduction from sick leave or credits. Payroll Deduction for Union Sponsored Plan The Hospital will provide payroll deduction for the sponsored plan where a majority of those eligible in the bargaining unit indicate a willingness to have the premium cost deducted from their wages. The Union shall be responsible for ascertaining the wishes of its members in this regard. Sick leave means the period of time an employee is permitted to be absent from work with full pay by this Agreement, sustains virtue of being sick or disabled or because of an injury within the scope of his/her employment accident for which he/she compensation is not payable under the Workers' Compensation Act. who have acquired seniority standing will become eligible for one and one-half days of sick leave per each month of completed employment. Any unused sick leave will accumulate to the employee's credit and such unused sick leave may accumulate to a maximum of three hundred and eighteen days. To ensure the safety of the patient and the well-being of the employee, the Hospital reserves the right to require the employee to provide information from his doctor in relation to his ability to return to work and his ability to carry out his regular job and/or to ensure that appropriate treatment has been taken during the period of sickness to the ongoing effect on his health. Employees may be allowed to use accumulated sick leave credits in order to engage in personal preventative medical health and dental care. Permission will not be unreasonably withheld provided adequate notice is given in advance. On request, employees will be required to provide proof of attendance for the preventative medical or dental care concerned. Where an employee is granted leave of absence, he shall retain his accumulated sick leave credits. A record of all unused sick leave will be kept by the Hospital. Any employee is to be advised, upon application, of the amount of sick leave accrued to his credit. An employee who has completed two years of continuous service shall, on termination of employment, one half of his unused sick leave credits at his current rate of pay. This applies only to employees hired prior to October and eligible for sick leave at that time. For new hires only Article applies. Further to Article the following schedule of payment of unused sick leave credits will apply to an employee upon termination of service: After Years of Service Entitlement 5 years years years years In the event of the death of an employee prior to termination of employment, his estate representative is entitled to receive worker's compensation temporary disability benefitspayment of the gratuity calculated to the above date of death. Within one month after January of each year, the Employer shall advise each employee in writing of the amount of sick leave accrued to his credit, as provided by Chapter 102 of January The use of vacation time at the Wisconsin Statutes (Worker's Compensation Act), he/she may receive 80% expiration of his/her base salary as "injury pay" instead of such worker's compensation benefits for the period of sick time he/she may shall be temporarily totally or temporarily partially disabled because of such injuries. Such injury pay shall not be granted for more than 365 calendar days for any one compensable injury or recurrence thereof. The 80% provision shall become effective January 1, 1987, and shall cover employees receiving injury pay benefits on or after that date regardless of the date on which the compensable injury or recurrence thereof occurred. 2. In providing injury pay in an amount equal to 80% of at the employee's base salary, the employee agrees to allow the City to make a payroll adjustment to his/her biweekly paycheck deducting an amount equal to 20% of his/her base salary for that portion of the pay period he/she received injury pay and make no subsequent claim for said amount whatsoever. Such deduction shall be administered so as not to reduce employee pension benefits. For purposes of interpretation of the provisions of this Article, the term base salary as used herein shall mean the employee's base salary pay rate in effect during the pay period he/she is claiming injury pay as that base salary rate is established in the BASE SALARY Article of this Agreementoption. 3. After "injury pay" benefits have been exhausted, employees shall have the option of accepting sick leave benefits or accepting worker's compensation temporary disability benefits. This option, which shall be in writing, may be terminated without prejudice to temporary total or temporary partial disability benefits under the Worker's Compensation Act thereafter, but such termination shall not be retroactive and any sick leave already used at the time of such termination of option shall not be restored to the employee. 4. Questions involving eligibility for injury pay shall be determined under the applicable law and the substantive and procedural rules of the Department of Industry, Labor and Human Relations relative to Worker's Compensation and in the event of a dispute between the City and the employee relative to such eligibility, the Department of Industry, Labor and Human Relations and the courts upon the statutorily prescribed review thereof shall be the sole and final arbiters of such dispute. 5. In all third-party claims or actions, the City shall not be limited in its recovery to the amount of temporary disability benefits which would otherwise have been payable under the Worker's Compensation Act, but shall instead be entitled to recover the amount of injury pay received by the employee. In the event the City recovers an amount of injury pay received by the employee, the City shall restore the employee's number of calendar days (equivalent amount of recovery) for said injury. 6. Whenever an employee sustains a compensable injury, he or she shall immediately notify his or her commanding officer of this fact. Each instance of injury pay that the employee fails to comply with the requirements of this subsection shall result in the employee losing his/her entitlement to any injury pay for that instance. 7. If the Internal Revenue Service (IRS) determines that the injury pay benefits provided hereunder are taxable as wages, then beginning with the effective date of such determination, the City will no longer require the 20% employee deduction from injury pay benefits provided for in subsections 1. and 2. of this Article, above. 8. Employees reporting absent due to a compensable injury shall be governed by the Rules and Regulations and Standard Operating Procedure of the Police Department pertaining thereto. 9. In no case shall temporary disability benefits and injury pay be allowed for the same period of time. 10. During the period of an employee's absence from duty due to a duty-incurred injury, the employee shall be permitted to leave his/her residence or place of confinement so long as he/she has first obtained a written statement from his/her personal physician stating that such travel will further his/her recuperation and the employee has first presented his/her personal physician's statement to his/her commanding officer or shift commander. Whenever an employee authorized to leave his/her residence or place of confinement, leaves the confines of Milwaukee County, he/she shall provide his/her commanding officer written advance notice of this departure indicating on the notice the time period he/she will be out of Milwaukee County, location(s) where he/she can be reached and, if a location has an address and/or telephone number, the address and/or telephone number of the location(s). While outside the confines of Milwaukee County, the employee shall be required to notify his/her commanding officer of his/her whereabouts by telephone of any changes in the locations indicated on the advance notice. During any fifteen (15) day period, an employee shall not be permitted to remain outside the confines of Milwaukee County for more than 14 consecutive calendar days. Except as provided herein and in subsection 6 of the VACATION Article of this Agreement, Rule 5, Section 7 of the Milwaukee Police Department Rules and Regulations shall remain unchanged and in full force and effect.

Appears in 1 contract

Samples: Collective Agreement

Injury Pay. 1an employee is injured on the job and his supervisor excuses him from further duty for the balance of his shift, the employee's regular rate of pay shall continue for the balance of that shift and there shall be no deduction from sick leave or other its Payroll Deduction for UNION SPONSORED PLAN The following provision will appear in all collective agreements that do not provide for or equivalent, replacing any provision related to payroll deduction for union sponsored plan that existed in the hospital's expiring collective agreement: "The Hospital will provide payroll deduction for the union-sponsored plan where a majority of those eligible in the bargaining unit indicate a willingness to have the premium cost deducted from their wages. When an The Union shall be responsible for ascertaining the wishes of its members in this regard." Payment PENDING Determinationof CLAIMS "An employee who is covered by this Agreement, sustains absent from work as a result of an illness or injury within sustained at work and who has been awaiting approval of claim for benefits for a period longer than one complete pay period may apply to the scope of his/her employment Hospital for which he/she is entitled payment equivalent to receive worker's compensation temporary disability benefits, as provided by Chapter 102 the lesser of the Wisconsin Statutes (Worker's Compensation Act)benefit she would receive from benefits if her claim was approved, he/or the benefit to which she may receive 80% would be entitled under the short term sick leave plan. Payment will be provided only if the employee provides evidence of his/her base salary as "injury pay" instead of such worker's compensation benefits for disability satisfactory to the period of time he/she may Hospital and a written undertaking satisfactory to the Hospital that any payments will be temporarily totally or temporarily partially disabled because of such injuries. Such injury pay shall not be granted for more than 365 calendar days for any one compensable injury or recurrence thereof. The 80% provision shall become effective January 1, 1987, and shall cover employees receiving injury pay benefits on or after that date regardless refunded to the Hospital following final determination of the date on which the compensable injury or recurrence thereof occurred. 2. In providing injury pay in an amount equal to 80% of the employee's base salary, the employee agrees to allow the City to make a payroll adjustment to his/her biweekly paycheck deducting an amount equal to 20% of his/her base salary for that portion of the pay period he/she received injury pay and make no subsequent claim for said amount whatsoever. Such deduction shall be administered so as not to reduce employee pension benefits. For purposes of interpretation of the provisions of this Article, the term base salary as used herein shall mean the employee's base salary pay rate in effect during the pay period he/she is claiming injury pay as that base salary rate is established in the BASE SALARY Article of this Agreement. 3. After "injury pay" benefits have been exhausted, employees shall have the option of accepting sick leave benefits or accepting worker's compensation temporary disability benefits. This option, which shall be in writing, may be terminated without prejudice to temporary total or temporary partial disability benefits under the Worker's Compensation Act thereafter, but such termination shall not be retroactive and any sick leave already used at the time of such termination of option shall not be restored to the employee. 4. Questions involving eligibility for injury pay shall be determined under the applicable law and the substantive and procedural rules of the Department of Industry, Labor and Human Relations relative to Worker's Compensation and in the event of a dispute between the City and the employee relative to such eligibility, the Department of Industry, Labor and Human Relations and the courts upon the statutorily prescribed review thereof shall be the sole and final arbiters of such dispute. 5. In all third-party claims or actions, the City shall not be limited in its recovery to the amount of temporary disability benefits which would otherwise have been payable under the Worker's Compensation Act, but shall instead be entitled to recover the amount of injury pay received by the employee. In the event the City recovers an amount of injury pay received by the employee, the City shall restore the employee's number of calendar days (equivalent amount of recovery) for said injury. 6. Whenever an employee sustains a compensable injury, he or she shall immediately notify his or her commanding officer of this fact. Each instance of injury pay that the employee fails to comply with the requirements of this subsection shall result in the employee losing his/her entitlement to any injury pay for that instance. 7Workplace Safety Insurance Board. If the Internal Revenue Service (IRS) determines that the injury pay claim for benefits provided hereunder are taxable as wages, then beginning with the effective date of such determinationis not approved, the City monies paid as an advance will no longer require be applied towards the 20% employee deduction from injury pay benefits provided for in subsections 1. and 2. of this Article, above. 8. Employees reporting absent due to a compensable injury shall be governed by the Rules and Regulations and Standard Operating Procedure of the Police Department pertaining thereto. 9. In no case shall temporary disability benefits and injury pay be allowed for the same period of time. 10. During the period of an employee's absence from duty due to a duty-incurred injury, which the employee shall would be permitted to entitled under the short-term sick leave his/her residence or place plan. Any payment under this provision will continue for a maximum of confinement so long as he/she has first obtained a written statement from his/her personal physician stating that such travel will further his/her recuperation and the employee has first presented his/her personal physician's statement to his/her commanding officer or shift commander. Whenever an employee authorized to leave his/her residence or place of confinement, leaves the confines of Milwaukee County, he/she shall provide his/her commanding officer written advance notice of this departure indicating on the notice the time period he/she will be out of Milwaukee County, location(s) where he/she can be reached and, if a location has an address and/or telephone number, the address and/or telephone number of the location(s). While outside the confines of Milwaukee County, the employee shall be required to notify his/her commanding officer of his/her whereabouts by telephone of any changes in the locations indicated on the advance notice. During any fifteen (15) day periodweeks." ARTICLE HOURS OF WORK DAILY WEEKLY HOURS OF WORK Any provision related to the specification of the number of daily & weekly hours of work that existed in the hospital's expiring collective agreement, will be continued as Article REST PERIODS "The Hospital will schedule one fifteen (15) minute rest period for each full scheduled half shift." "When an employee shall not be permitted to remain outside performs authorized overtime work of at least three (3) hours duration, the confines Hospital will schedule a rest period of Milwaukee County for more than 14 consecutive calendar days. Except as provided herein and (15) minutes duration." ARTICLE PREMIUM PAYMENT DefinitionOF Regular STRAIGHTTime rate of PAY "The regular straight time rate of pay is that prescribed in subsection 6 wage schedule of the VACATION Article of this Collective Agreement, Rule 5, Section 7 of the Milwaukee Police Department Rules and Regulations shall remain unchanged and in full force and effect."

Appears in 1 contract

Samples: Collective Agreement

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