Common use of Job Injury Leave Clause in Contracts

Job Injury Leave. (a) Any City Employee who sustains an injury or contracts an occupational disease directly through the performance of their work will be entitled to injury leave. Employees are responsible for informing their supervisor of all job related injuries as soon as possible following the injury. An Employee who utilizes injury leave will receive pay in the amount determined by the Workers’ Compensation Commission and as paid by the Employer’s Workers’ Compensation Insurance Carrier without charge against the Employee’s annual or sick leave account, subject to the following conditions: (i) The disability must be compensable under the State Workers’ Compensation Act. (ii) The disability must be temporary in nature. (iii) Payment of injury leave will be contingent upon the assignment of Workers’ Compensation Insurance to the Employee for the period of injury leave. (iv) An Employee who may be eligible for injury leave will have the first three (3) days of absence from work charged to sick leave. Continuous absence beyond three (3) days will be cause for granting injury leave. Continued absence beyond twenty-eight (28) days will be cause to credit the Employee’s sick leave with three (3) days. (v) The Employee will be subject to a temporary job-reassignment for the period of the disability without change in pay status, provided the Employee is unable to discharge the duties and responsibilities of their assigned position, and subject to a physician’s approval, is able to perform the duties and responsibilities of the position to which they are temporarily reassigned. Refusal to accept job reassignment will terminate the Employee’s eligibility to receive injury leave. Should an Employee elect not to accept temporary job reassignment, their employment with the Employer may be terminated, unless the Employee is also on FMLA leave. A temporary job-reassignment is defined as part-time or full-time duties that are consistent with medical advice provided by the attending physician and is limited to the time period specified in the attending physician’s statement, which cannot exceed thirty (30) calendar days. The physician must submit an additional medical statement to extend the temporary duty assignment. (vi) At the Employer’s expense, the Employer may require the Employee to report for a fitness for duty examination by a physician of the Employer’s choice in order to determine the Employee’s ability for temporary reassignment, or return to their assigned position, or for any other reason. (vii) The Employee is responsible for insuring that the Employer is kept aware of any and all changes in the Employee’s condition or availability for work. The Employee is responsible for obtaining written documentation from a certified medical authority to verify all absences from work related to the injury or illness. Unless incapacitated, an Employee must update their supervisor at least on a bi-weekly basis as to their condition. The employee must provide the supervisor with all medical certifications and/or changes pertaining to the ability to return to duty or restrictions to duty and for providing any changes in a prompt manner. Employees may personally deliver, send by e-mail, or may mail written documentation to the supervisor. (viii) The granting of injury leave will in no instance exceed six (6) months (except with special approval of the City Council). (ix) Annual leave and sick leave earnings and accrual will remain unchanged. (x) The Employee is responsible for making timely payments to the Finance Office to cover deductions that are normally withheld from pay for health insurance, retirement, and similar deductions. (b) If an Employee has a permanent medical condition that arose from a work related injury or illness as determined by the Workers’ Compensation Commission and that prevents the Employee (even with reasonable accommodation) from performing the essential functions of their regular job (including the inability to wear protective equipment), then the worker will be considered for transfer to an available job for which the worker is fully qualified and for which the Employer can make reasonable accommodation to compensate for the Employee’s disability, consistent with the requirements of the Americans with Disabilities Act. If a position is vacant and has not been posted, the employee will be considered for transfer to the position before it is posted. The transfer will be made without the Employee losing benefits or seniority. Any adjustment in pay will be made in accordance with the provisions of the City Code regarding a reduction in grade for non-disciplinary reasons.

Job Injury Leave. (a) Any City Employee who sustains an injury or contracts an occupational disease directly through the performance of their his work will be entitled to injury leave. Employees are responsible for informing their supervisor of all job related injuries as soon as possible following the injury. An Employee who utilizes injury leave will receive pay in the amount determined by the Workers’ Compensation Commission and as paid by the Employer’s Workers’ Compensation Insurance Carrier without charge against the Employee’s annual or sick leave account, subject to the following conditions: (i) The disability must be compensable under the State Workers’ Compensation Act. (ii) The disability must be temporary in nature. (iii) Payment of injury leave will be contingent upon the assignment of Workers’ Compensation Insurance to the Employee for the period of injury leave. (iv) An Employee who may be eligible for injury leave will have the first three (3) days of absence from work charged to sick leave. Continuous absence beyond three (3) days will be cause for granting injury leave. Continued absence beyond twenty-eight (28) days will be cause to credit the Employee’s sick leave with three (3) days. (v) The Employee will be subject to a temporary job-reassignment for the period of the disability without change in pay status, provided the Employee is unable to discharge the duties and responsibilities of their his assigned position, and subject to a physician’s approval, is able to perform the duties and responsibilities of the position to which they are he or she is temporarily reassigned. Refusal to accept job reassignment will terminate the Employee’s eligibility to receive injury leave. Should an Employee elect not to accept temporary job reassignment, their employment with the Employer may be terminated, unless the Employee is also on FMLA leave. A temporary job-reassignment is defined as part-time or full-time duties that are consistent with medical advice provided by the attending physician and is limited to the time period specified in the attending physician’s statement, which cannot exceed thirty (30) calendar days. The physician must submit an additional medical statement to extend the temporary duty assignment. (vi) At the Employer’s expense, the Employer may require the Employee to report for a fitness for duty examination by a physician of the Employer’s choice in order to determine the Employee’s ability for temporary reassignment, or return to their his assigned position, or for any other reason. (vii) The Employee is responsible for insuring that the Employer is kept aware of any and all changes in the Employee’s condition or availability for work. The Employee is responsible for obtaining written documentation from a certified medical authority to verify all absences from work related to the injury or illness. Unless incapacitated, an Employee must update their his supervisor at least on a bi-weekly basis as to their his condition. The employee must provide the supervisor with all medical certifications and/or changes pertaining to the ability to return to duty or restrictions to duty and for providing any changes in a prompt manner. Employees may personally deliver, send by e-mail, or may mail written documentation to the supervisor. (viii) The granting of injury leave will in no instance exceed six (6) months (except with special approval of the City Council). (ix) Annual leave and sick leave earnings and accrual will remain unchanged. (x) The Employee is responsible for making timely payments to the Finance Office to cover deductions that are normally withheld from pay for health insurance, retirement, and similar deductions. (b) If an Employee has a permanent medical condition that arose from a work related injury or illness as determined by the Workers’ Compensation Commission and that prevents the Employee him (even with reasonable accommodation) from performing the essential functions of their his regular job (including the inability to wear protective equipment), then the worker will be considered for transfer to an available job for which the worker is fully qualified and for which the Employer can make reasonable accommodation to compensate for the Employee’s disability, consistent with the requirements of the Americans with Disabilities Act. If a position is vacant and has not been posted, the employee will be considered for transfer to the position before it is posted. The transfer will be made without the Employee losing benefits or seniority. Any adjustment in pay will be made in accordance with the provisions of the City Code regarding a reduction in grade for non-disciplinary reasons.