Non-Duty Disability Benefits. (a) The Employer agrees to continue to provide all employees of the bargaining unit disability benefits subject to additional terms, conditions, exclusion, limitations, deductibles and other provisions of the plan. The amount of non-duty disability income benefits provided for eligible employees shall be 67% of the employee's gross basic monthly earnings, with a maximum monthly benefit of $4,000.00 and a minimum monthly benefit of $100.00. Such gross basic monthly earnings will be calculated based upon the number of regular scheduled hours such employee would otherwise have worked, exclusive of overtime. An employee will be eligible for disability benefits under the provisions of this Article after a waiting period of one (1) day for accidents and seven (7) calendar days for illness. (b) An employee will not be eligible for non-duty disability benefits unless he is under the care of a physician who certifies in writing that said employee is disabled from performing his job responsibilities. Such written certification must be provided to the Human Resources Director and must indicate what specific physical or mental limitations or restrictions disable the employee from so performing such responsibilities, and the length of time that such employee is expected to be disabled. The Employer has the unlimited right, in its sole discretion, to offer "favored work" to any employee so disabled, so long as such "favored work" is within the employee's limitations and restrictions as certified. The Employer will attempt to offer such "favored work" within the Monroe County Sheriff's Office. The Employer will make every attempt to make such "favored work" offer consistent with the employee's present shift assignment, however, it may direct the employee to perform such "favored work" assignments on another shift, if necessary. Any employee who refuses such "favored work" offer will not be eligible for disability benefits. Any employee performing such "favored work" will be compensated in accordance with Appendix "A" of this Agreement. (c) The Employer retains the unlimited right to direct any employee, at any time, as a condition of receiving disability benefits, to an examining physician of its designation. Such examination will be at the Employer's expense. Should such examining physician disagree with the opinion of the employee's treating physician as to the disability of such employee, or the extent of the restrictions or limitations of such employee, the employee will be cited to an independent third physician for examination and evaluation. This physician will be selected by the Employer's physician and the employee's physician and his examination will be at Employer expense. The opinion of such physician will be final and binding on the parties herein and all further reexaminations as may be directed by the Employer as to said employee will be done by such physician. (d) Any employee who received disability benefits pursuant to this Article will continue to accrue seniority as defined in Article 13 of this Agreement for up to a maximum period of one year. If the employee continues to be disabled at the end of such one (1) year period, he shall have his seniority frozen and will receive no further employment benefits, with the exception of COBRA insurance benefits as may be available under applicable federal law and disability benefits as provided under this Article. Employees who are disabled beyond one (1) year will continue to be eligible to receive disability benefits pursuant to this Article for a maximum period of two (2) years or until their retirement first becomes effective, whichever is first. If the employee is unable to return to work and perform his regular job responsibilities without limitations or restrictions at the end of such two (2) year period, the employee will have his seniority terminated and receive no further benefits pursuant to this Agreement. The Employer's obligation to provide disability benefits pursuant to this Article shall be subject to reduction by any of the following other income benefits: 1. Social security disability benefits; 2. Worker's compensation benefits; 3. Disability benefits under any "no fault' automobile reparation insurance law; and 4. Duty disability benefits provided under this collective bargaining agreement. If the Employer so directs, any employee receiving disability benefits pursuant to this Article may be required to apply for other income benefits for which he may be eligible. Documentation of such application for, denial, and/or receipt of such benefits must be promptly provided to the Human Resources Director.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Non-Duty Disability Benefits. (a) The Employer agrees to continue to provide all employees of the bargaining unit each regular, full-time seniority employee disability benefits benefits, subject to such additional terms, conditions, exclusionexclusions, limitations, deductibles and other provisions of the current plan.
(b) If, at the end of disability benefit period, the employee continues to be disabled, the Employer, after consultation with the employee's physician and its physician, may require said employee to attend educational and vocational training programs, at the Employer's expense. Upon completion of any such programs, the employee may be reassigned to another position with the Employer at the rate of pay established by said position. The Employer reserves the right to offer "favored work" to an employee who is receiving disability benefits, as long as the "favored work" is within the employees limitations and restrictions as certified. Any employee who refuses such "favored work" offer shall not be eligible for disability benefits. An employee performing such "favored work" will be compensated at the same rate of pay the employee was earning at the time he went on disability, for such time as the employee is eligible to receive disability benefits for two years, whichever is lesser. If the employee is in a regular position vacancy upon the expiration of the two (2) year period, the employee shall continue in said position if the employee is able to perform all of the essential functions of that job, with or without reasonable accommodation as provided under the Americans with Disabilities Act. In that circumstance, the employee's rate of pay shall be reduced to the regular rate for that position. If the employee is not in a regular position vacancy upon the expiration of the two (2) year period, the employee shall be terminated concurrent with the termination of his disability benefits.
(c) The amount of non-duty disability income benefits provided for eligible employees by the Employer shall be 67% of the employee's gross basic monthly earnings, earnings with a maximum monthly benefit of $4,000.00 and a minimum monthly benefit of $100.00. Such gross basic monthly earnings will The maximum benefit period shall be calculated based upon the number of regular scheduled hours such employee would otherwise have worked, exclusive of overtime. An employee will be eligible for disability benefits under the provisions of this Article after a waiting period of one two (12) day for accidents and seven (7) calendar days for illness.
(b) An employee will not be eligible for non-duty disability benefits unless he is under the care of a physician who certifies in writing that said employee is disabled from performing his job responsibilities. Such written certification must be provided to the Human Resources Director and must indicate what specific physical or mental limitations or restrictions disable the employee from so performing such responsibilities, and the length of time that such employee is expected to be disabled. The Employer has the unlimited right, in its sole discretion, to offer "favored work" to any employee so disabled, so long as such "favored work" is within the employee's limitations and restrictions as certified. The Employer will attempt to offer such "favored work" within the Monroe County Sheriff's Office. The Employer will make every attempt to make such "favored work" offer consistent with the employee's present shift assignment, however, it may direct the employee to perform such "favored work" assignments on another shift, if necessary. Any employee who refuses such "favored work" offer will not be eligible for disability benefits. Any employee performing such "favored work" will be compensated in accordance with Appendix "A" of this Agreement.
(c) The Employer retains the unlimited right to direct any employee, at any time, as a condition of receiving disability benefits, to an examining physician of its designation. Such examination will be at the Employer's expense. Should such examining physician disagree with the opinion of the employee's treating physician as to the disability of such employee, or the extent of the restrictions or limitations of such employee, the employee will be cited to an independent third physician for examination and evaluation. This physician will be selected by the Employer's physician and the employee's physician and his examination will be at Employer expense. The opinion of such physician will be final and binding on the parties herein and all further reexaminations as may be directed by the Employer as to said employee will be done by such physicianyears.
(d) Any employee who received Non-duty disability benefits pursuant to this Article will continue to accrue seniority as defined in Article 13 of this Agreement for up to a maximum period of one year. If the employee continues to be disabled at the end of such one (1) year period, he shall have his seniority frozen and will receive no further employment benefits, with the exception of COBRA insurance benefits as may be available under applicable federal law and disability benefits as provided under this Article. Employees who are disabled beyond one (1) year will continue to be eligible to receive disability benefits pursuant to this Article for a maximum period of two (2) years or until their retirement first becomes effective, whichever is first. If the employee is unable to return to work and perform his regular job responsibilities without limitations or restrictions at the end of such two (2) year period, the employee will have his seniority terminated and receive no further benefits pursuant to this Agreement. The Employer's obligation to provide disability benefits pursuant to this Article shall be subject to reduction by any of the following other income benefitsbenefits for which the employee may be eligible:
1. Social security disability benefits;
2. Worker's compensation benefits;
3. Security Disability benefits under any "no fault' automobile reparation insurance law; and
4. Duty disability benefits provided under this collective bargaining agreement. If the Employer so directs, any employee receiving disability benefits pursuant to this Article may be required to apply for other income benefits for which he may be eligible. Documentation of such application for, denial, and/or receipt of such benefits must be promptly provided to the Human Resources Director.Benefits
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Non-Duty Disability Benefits. (a) The Employer Court agrees to continue to provide all employees of the bargaining unit each regular, full-time seniority employee non-duty disability benefits benefits, subject to such additional terms, conditions, exclusionexclusions, limitations, deductibles and other provisions of the plan.
(b) The Court reserves the right to offer "favored work" to an employee who is receiving disability benefits, as long as the "favored work" is within the employees limitations and restrictions as certified. Any employee who refuses such "favored work" offer shall not be eligible for disability benefits. An employee performing such "favored work" will be compensated at the same rate of pay the employee was earning at the time he went on disability, for such time as the employee is eligible to receive disability benefits for two years, whichever is lesser. If the employee is in a regular position vacancy upon the expiration of the two (2) year period, the employee shall continue in said position if the employee is able to perform all of the essential functions of that job, with or without reasonable accommodation as provided under the Americans with Disabilities Act. In that circumstance, the employee's rate of pay shall be reduced to the regular rate for that position. If the employee is not in a regular position vacancy upon the expiration of the two (2) year period, the employee shall be terminated concurrent with the termination of his disability benefits.
(c) The amount of non-duty disability income benefits provided for eligible employees by the Court shall be 67% of the employee's gross basic monthly earnings, earnings with a maximum monthly benefit of $4,000.00 and a minimum monthly benefit of $100.00. Such gross basic monthly earnings will The maximum benefit period shall be calculated based two (2) years.
(d) Disability benefits are subject to reduction by any of the following other income benefits for which the employee may be eligible: • Social Security Disability Benefits • Workers' Compensation Disability Benefits • Pension Disability Benefits • Disability Benefits under any "no-fault" automobile reparation insurance law. The employee shall apply for the foregoing benefits immediately upon the number of regular scheduled hours such employee would otherwise have worked, exclusive of overtime. An employee will be becoming eligible for disability same. Further, the employee shall keep the Court fully apprised in writing of his eligibility for and the status of said benefits under and provide the provisions of this Article after a Court with such certification as it may require.
(e) The waiting period of for starting disability payments is one (1) day for accidents and seven (7) calendar days for illnessillnesses. The seven (7) days shall be uninterrupted and consecutive. The employee may use sick days, personal days, vacation days, or leave without pay to fulfill the waiting period requirement. If the employee has utilized all sick days allocated for that given year and has an accumulated bank of sick days, the employee may use them.
(bf) An Any employee will not be eligible for non-duty going on disability benefits unless he is under shall complete the care of a physician who certifies in writing that said employee is disabled from performing his job responsibilities. Such written certification must be disability form provided to by the Court's Human Resources Director and must indicate what specific physical Department, along with a statement from the employee's physician stating the nature of illness or mental limitations or restrictions disable the employee from so performing such responsibilities, disability and the expected length of time that such the employee is expected to may be disabled. The Employer has the unlimited right, in its sole discretion, to offer "favored work" to any employee so disabled, so long as such "favored work" is within the employee's limitations and restrictions as certified. The Employer will attempt to offer such "favored work" within the Monroe County Sheriff's Office. The Employer will make every attempt to make such "favored work" offer consistent with the employee's present shift assignment, however, it may direct the employee to perform such "favored work" assignments on another shift, if necessary. Any employee who refuses such "favored work" offer will not be eligible for disability benefits. Any employee performing such "favored work" will be compensated in accordance with Appendix "A" of this Agreement.
(cg) The Employer retains Court shall maintain all insurance benefits for the unlimited right to direct any employeedisabled employee and, at any time, as a condition in the case of receiving disability health care benefits, to an examining physician of its designation. Such examination will be at the Employer's expense. Should such examining physician disagree with the opinion of the employee's treating physician as to the disability of such employeefor his eligible family, or the extent of the restrictions or limitations of such employee, the employee will be cited to an independent third physician for examination and evaluation. This physician will be selected by the Employer's physician and the employee's physician and his examination will be at Employer expense. The opinion of such physician will be final and binding on the parties herein and all further reexaminations as may be directed by the Employer as to said employee will be done by such physician.
(d) Any employee who received disability benefits pursuant to this Article will continue to accrue seniority as defined in Article 13 of this Agreement for up to a maximum period of one year. If the employee continues to be disabled at the end of such one (1) year periodfrom the disability. The Court may, at its discretion, extend said insurance benefits or allow the disabled employee to purchase said benefits from its carrier, if possible.
(h) When an employee is on disability, he shall have his seniority frozen and will receive no further employment not accrue vacation, hours toward longevity eligibility, or any other benefits. The employee shall also be ineligible for paid holidays or any other form of compensation from the Court.
(i) An employee who, with the exception approval of COBRA insurance benefits as may the Court and their physician, returns to work on a temporary part-time basis, will be available under applicable federal law eligible for partial disability payments and pro-rated vacation based on hours worked.
(j) An employee's disability benefits as provided under this Articleplan shall terminate on the date the employee terminates, retires or is laid off. Employees who are disabled beyond one (1) year will continue to be eligible to receive Upon return from layoff, the employee's disability benefits pursuant shall be reinstated commencing with the employee's return. The Court reserves the right to this Article for a maximum period of two (2) years or until their retirement first becomes effective, whichever is first. If change the employee is unable to return to work and perform his regular job responsibilities without limitations or restrictions at the end of such two (2) year periodplan, the employee will have his seniority terminated and receive no further carrier and/or the manner in which it provides the above coverage, provided that the benefits pursuant are equal to this Agreement. The Employer's obligation to provide disability or better than the benefits pursuant to this Article shall be subject to reduction by any of the following other income benefits:
1. Social security disability benefits;
2. Worker's compensation benefits;
3. Disability benefits under any "no fault' automobile reparation insurance law; and
4. Duty disability benefits provided under this collective bargaining agreement. If the Employer so directs, any employee receiving disability benefits pursuant to this Article may be required to apply for other income benefits for which he may be eligible. Documentation of such application for, denial, and/or receipt of such benefits must be promptly provided to the Human Resources Directoroutlined above.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Non-Duty Disability Benefits. (a) The Employer agrees to continue to provide all employees of the bargaining unit each regular, full-time seniority employee non-duty disability benefits benefits, subject to such additional terms, conditions, exclusionexclusions, limitations, deductibles and other provisions of the current plan. The amount of non-duty disability income benefits provided for eligible employees shall be 67% of the employee's gross basic monthly earnings, with a maximum monthly benefit of $4,000.00 and a minimum monthly benefit of $100.00. Such gross basic monthly earnings will be calculated based upon the number of regular scheduled hours such employee would otherwise have worked, exclusive of overtime. An employee will be eligible for non-duty disability benefits under the provisions of this Article after a waiting period of one (1) day for non-duty related accidents and seven (7) calendar days for illness. An employee who continues to be disabled may draw benefits for up to a maximum of two years. After such two year period, all benefits will cease.
(b) An If, at the end of the non-duty disability benefit period, the employee will continues to be disabled, the Employer, after consultation with the employee’s physician and its physician, may require said employee to attend educational and vocational training programs, at the Employer’s expense. Upon completion of any such programs, the employee may be reassigned to another position with the Employer at the rate of pay established by said position. The Employer reserves the right to offer “favored work” to an employee who is receiving disability benefits, as long as the “favored work” is within the employees limitations and restrictions as certified. Any employee who refuses such “favored work” offer shall not be eligible for disability benefits. An employee performing such “favored work” will be compensated at the same rate of pay the employee was earning at the time she went on disability, for such time as the employee is eligible to receive disability benefits or two years, whichever is lesser. If the employee is in a regular position vacancy upon the expiration of the two year period, the employee shall continue in said position if the employee is able to perform all of the essential functions of that job, with or without reasonable accommodation as provided under the Americans with Disabilities Act. In that circumstance, the employee’s rate of pay shall be reduced to the regular rate for that position. If the employee is not in a regular position vacancy upon the expiration of the two year period, the employee shall be terminated concurrent with the termination of her disability benefits.
(c) The employee shall apply for the foregoing benefits immediately upon becoming eligible for same. Further, the employee shall keep the Employer fully apprised in writing of her eligibility for and the status of said benefits and provide the Employer with such certification as it may require. Any employee going on non-duty disability shall complete the disability form provided by the Employer’s Human Resources Department, along with a statement from the employee’s physician stating the nature of illness or disability and the expected length of time that the employee may be disabled.
(d) The employee may use sick days, personal days, vacation days, or leave without pay to fulfill the waiting period requirement of the short-term disability plans.
(e) No disability benefits will be paid unless he the disabled employee is under the care of a physician who certifies states, in writing writing, that said employee is disabled from performing his job responsibilities. Such written certification must be provided to the Human Resources Director and must indicate what specific physical or mental limitations or restrictions disable the employee from so performing such responsibilities, and the length of time that such employee is expected continues to be disabled. The This documentation shall be provided as often as required by the Employer has the unlimited right, in its sole discretion, to offer "favored work" to any employee so disabled, so long as such "favored work" is within the employee's limitations and restrictions as certifiedbut not less than once per month. The Employer will attempt to offer such "favored work" within the Monroe County Sheriff's Office. The Employer will make every attempt to make such "favored work" offer consistent with the employee's present shift assignment, however, it may direct the employee to perform such "favored work" assignments on another shift, if necessary. Any employee who refuses such "favored work" offer will not be eligible for disability benefits. Any employee performing such "favored work" will be compensated in accordance with Appendix "A" of this Agreement.
(c) The Employer retains the unlimited right to direct any employee, at any time, as a condition of receiving disability benefits, to an examining physician of its designation. Such examination will be at the Employer's ’s expense. Should such examining physician disagree with the opinion of the employee's ’s treating physician as to the disability of such employee, or the extent of the restrictions or limitations of such employee, the employee will be cited to an independent third physician for her examination and evaluation. This physician will be selected by the Employer's ’s physician and the employee's ’s physician and his her examination will be at Employer the Employer’s expense. The opinion of such physician will be final and binding on the parties herein and all further reexaminations examinations as may be directed by the Employer as to said employee will be done by such physician.
(df) Any The Employer shall maintain all insurance benefits for the disabled employee who received and, in the case of health care benefits, for her eligible family, up to one year from the commencement of a disability. The Employer may, at its discretion, extend said insurance benefits or allow the disabled employee to purchase said benefits from its carrier, if possible.
(g) When an employee is on disability, she shall not accrue vacation, hours toward longevity eligibility, or any other benefits. The employee shall also be ineligible for paid holidays or any other form of compensation from the Employer.
(h) An employee’s disability benefits pursuant to this Article will continue to accrue seniority as defined in Article 13 of this Agreement for up to a maximum period of one year. If shall terminate on the date the employee continues to terminates, retires or is laid off. Upon return from layoff, the employee’s disability benefits shall be disabled at the end of such one (1) year period, he shall have his seniority frozen and will receive no further employment benefits, reinstated commencing with the exception of COBRA insurance benefits as may be available under applicable federal law and disability benefits as provided under this Article. Employees who are disabled beyond one employee’s return.
(1i) year will continue The Employer reserves the right to be eligible to receive disability benefits pursuant to this Article for a maximum period of two (2) years or until their retirement first becomes effective, whichever is first. If change the employee is unable to return to work and perform his regular job responsibilities without limitations or restrictions at the end of such two (2) year periodplan, the employee will have his seniority terminated and receive no further carrier and/or the manner in which it provides the above coverage, provided that the benefits pursuant are equal to this Agreement. The Employer's obligation to provide disability or better than the benefits pursuant to this Article shall be subject to reduction by any of the following other income benefits:
1. Social security disability benefits;
2. Worker's compensation benefits;
3. Disability benefits under any "no fault' automobile reparation insurance law; and
4. Duty disability benefits provided under this collective bargaining agreement. If the Employer so directs, any employee receiving disability benefits pursuant to this Article may be required to apply for other income benefits for which he may be eligible. Documentation of such application for, denial, and/or receipt of such benefits must be promptly provided to the Human Resources Directoroutlined above.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Non-Duty Disability Benefits. (a) The Employer Court agrees to continue to provide all employees of the bargaining unit each regular, full-time seniority employee non-duty disability benefits benefits, subject to such additional terms, conditions, exclusionexclusions, limitations, deductibles and other provisions of the plan.
(b) The Court reserves the right to offer "favored work" to an employee who is receiving disability benefits, as long as the "favored work" is within the employees limitations and restrictions as certified. Any employee who refuses such "favored work" offer shall not be eligible for disability benefits. An employee performing such "favored work" will be compensated at the same rate of pay the employee was earning at the time he went on disability, for such time as the employee is eligible to receive disability benefits for two years, whichever is lesser. If the employee is in a regular position vacancy upon the expiration of the two (2) year period, the employee shall continue in said position if the employee is able to perform all of the essential functions of that job, with or without reasonable accommodation as provided under the Americans with Disabilities Act. In that circumstance, the employee's rate of pay shall be reduced to the regular rate for that position. If the employee is not in a regular position vacancy upon the expiration of the two (2) year period, the employee shall be terminated concurrent with the termination of his disability benefits.
(c) The amount of non-duty disability income benefits provided for eligible employees by the Court shall be 67% of the employee's gross basic monthly earnings, earnings with a maximum monthly benefit of $4,000.00 and a minimum monthly benefit of $100.00. Such gross basic monthly earnings will The maximum benefit period shall be calculated based two (2) years.
(d) Disability benefits are subject to reduction by any of the following other income benefits for which the employee may be eligible: • Social Security Disability Benefits • Workers' Compensation Disability Benefits • Pension Disability Benefits • Disability Benefits under any "no-fault" automobile reparation insurance law. The employee shall apply for the foregoing benefits immediately upon the number of regular scheduled hours such employee would otherwise have worked, exclusive of overtime. An employee will be becoming eligible for disability same. Further, the employee shall keep the Court fully apprised in writing of his eligibility for and the status of said benefits under and provide the provisions of this Article after a Court with such certification as it may require.
(e) The waiting period of for starting disability payments is one (1) day for accidents and seven (7) calendar days for illnessillnesses. The seven (7) days shall be uninterrupted and consecutive. The employee may use sick days, personal days, vacation days, or leave without pay to fulfill the waiting period requirement. If the employee has utilized all sick days allocated for that given year and has an accumulated bank of sick days, the employee may use them.
(bf) An Any employee will not be eligible for non-duty going on disability benefits unless he is under shall complete the care of a physician who certifies in writing that said employee is disabled from performing his job responsibilities. Such written certification must be disability form provided to by the Court's Human Resources Director and must indicate what specific physical Department, along with a statement from the employee's physician stating the nature of illness or mental limitations or restrictions disable the employee from so performing such responsibilities, disability and the expected length of time that such the employee is expected to may be disabled. The Employer has the unlimited right, in its sole discretion, to offer "favored work" to any employee so disabled, so long as such "favored work" is within the employee's limitations and restrictions as certified. The Employer will attempt to offer such "favored work" within the Monroe County Sheriff's Office. The Employer will make every attempt to make such "favored work" offer consistent with the employee's present shift assignment, however, it may direct the employee to perform such "favored work" assignments on another shift, if necessary. Any employee who refuses such "favored work" offer will not be eligible for disability benefits. Any employee performing such "favored work" will be compensated in accordance with Appendix "A" of this Agreement.
(cg) The Employer retains Court shall maintain all insurance benefits for the unlimited right to direct any employeedisabled employee and, at any time, as a condition in the case of receiving disability health care benefits, to an examining physician of its designation. Such examination will be at the Employer's expense. Should such examining physician disagree with the opinion of the employee's treating physician as to the disability of such employeefor his eligible family, or the extent of the restrictions or limitations of such employee, the employee will be cited to an independent third physician for examination and evaluation. This physician will be selected by the Employer's physician and the employee's physician and his examination will be at Employer expense. The opinion of such physician will be final and binding on the parties herein and all further reexaminations as may be directed by the Employer as to said employee will be done by such physician.
(d) Any employee who received disability benefits pursuant to this Article will continue to accrue seniority as defined in Article 13 of this Agreement for up to a maximum period of one year. If the employee continues to be disabled at the end of such one (1) year periodfrom the disability. The Court may, at its discretion, extend said insurance benefits or allow the disabled employee to purchase said benefits from its carrier, if possible.
(h) When an employee is on disability, he shall have his seniority frozen and will receive no further employment not accrue vacation, hours toward longevity eligibility, or any other benefits. The employee shall also be ineligible for paid holidays or any other form of compensation from the Court.
(i) An employee who, with the exception approval of COBRA insurance benefits as may the Court and their physician, returns to work on a temporary part-time basis, will be available under applicable federal law eligible for partial disability payments and pro-rated vacation based on hours worked.
(j) An employee's disability benefit plan shall terminate on the date the employee terminates, retires or is laid off. Upon return from layoff, the employee's disability benefits as provided under this Articleshall be reinstated commencing with the employee's return. Employees who are disabled beyond one (1) year will continue The Court reserves the right to be eligible to receive disability benefits pursuant to this Article for a maximum period of two (2) years or until their retirement first becomes effective, whichever is first. If change the employee is unable to return to work and perform his regular job responsibilities without limitations or restrictions at the end of such two (2) year periodplan, the employee will have his seniority terminated and receive no further carrier and/or the manner in which it provides the above coverage, provided that the benefits pursuant are equal to this Agreement. The Employer's obligation to provide disability or better than the benefits pursuant to this Article shall be subject to reduction by any of the following other income benefits:
1. Social security disability benefits;
2. Worker's compensation benefits;
3. Disability benefits under any "no fault' automobile reparation insurance law; and
4. Duty disability benefits provided under this collective bargaining agreement. If the Employer so directs, any employee receiving disability benefits pursuant to this Article may be required to apply for other income benefits for which he may be eligible. Documentation of such application for, denial, and/or receipt of such benefits must be promptly provided to the Human Resources Directoroutlined above.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Non-Duty Disability Benefits. (a) Section 12.1. The Employer agrees to continue to provide all employees of the bargaining unit each regular, full-time non-probationary employee disability benefits subject to such additional terms, conditions, exclusionexclusions, limitations, deductibles and other provisions of the current plan. The amount of non-duty disability income benefits provided for eligible employees shall be 67% of the employee's gross basic monthly earnings, with a maximum monthly benefit of $4,000.00 and a minimum monthly benefit of $100.00of
Section 12.2. Such gross basic monthly earnings will be calculated based upon the number of regular scheduled hours such employee would otherwise have worked, exclusive of overtime. An employee will be eligible for disability benefits under the provisions of this Article after a waiting period of one (1) day for accidents and seven (7) calendar days for illness.
(b) An employee will not be eligible for non-duty disability benefits unless he is under the care of a physician who certifies certifies, in writing writing, that said employee is disabled from performing his job responsibilities. Such written certification must be provided to the County of Monroe’s Human Resources Director Department and must indicate what specific physical or mental limitations or restrictions disable the employee from so performing such responsibilities, and the
1. For the length first 60 calendar days of time that such employee is expected to be disabled. The Employer has the unlimited right, in its sole discretion, to offer "favored work" to any employee so disabled, so long - 90% of salary as such defined in Exhibit A of this agreement.
2. For the 61st through 120th calendar day of "favored work - 85% of salary as defined in Exhibit A of this agreement.
3. For the 121st through 240th calendar day of "favored work - 80% of salary as defined in Exhibit A of this agreement.
4. For the 241st through 730th calendar day of "favored work" is within the employee's limitations and restrictions - 67% of salary as certifieddefined in Exhibit A of this agreement. The Employer No employee will attempt to offer such be eligible for "favored work" within the Monroe County Sheriff's Officebeyond 730 calendar days. The Employer will make every attempt to make such "favored work" offer consistent with the employee's present shift assignment, however, it may direct the employee to perform such "favored work" assignments on another shift, if necessary. Any employee who refuses such "favored work" offer will not be eligible for disability benefits. Any employee performing such "favored work" will be compensated in accordance with Appendix "A" of this Agreement.
(c) The Employer retains the unlimited right to direct any employee, at any time, as a condition of receiving non-duty disability benefits, to an examining physician of its designation. Such examination will be at the Employer's expense. Should such examining physician disagree with the opinion of the employee's treating physician as to the disability of such employee, or the extent of the restrictions or limitations of such employee, the employee will be cited to an independent third physician for examination and evaluation. This physician will be selected by the Employer's physician and the employee's physician and his examination will be at Employer Employer’s expense. The opinion of such physician will be final and binding on the parties herein and all further reexaminations examinations as may be directed by the Employer as to said employee will be done by such physician.
(d) . All employees of the bargaining unit shall receive forty-eight hours of sick time annually, to be credited as of January 1st of each year. Such annual "sick time” shall not accumulate from one year to the next. Employees shall receive payment at his regular hourly rate of pay as of December 31st for 100% of all such unused annual "sick hours". Payment shall be paid on or before the first pay in February of the following year. Employees may utilize such annual sick hours only if the employee or someone on his behalf notifies the department before he is scheduled to report to work on each day that he will be absent from work, unless it is physically impossible for such report to be made. The Employer may require a physician's certificate showing that the use of such annual sick time was due to actual non-occupational illness or injury and that such illness or injury was disabling to the extent that the employee could not perform his regular work duties. The requirement of a physician's certificate for use of such annual sick hour’s shall not apply to absences of one or two days unless such short periods of absence are habitual with the employee. Employees must exhaust their annual "sick hours" before receiving non-duty disability benefits pursuant to the provisions of this Article. Any employee who received receives non-duty disability benefits pursuant to this Article will continue to accrue seniority as defined in Article 13 10 of this Agreement for up to a maximum period of one year. If the employee continues to be disabled at At the end of such one (1) year period, if the employee continues to be disabled, he shall have his seniority frozen and will receive no further employment benefits, with the exception of COBRA insurance benefits as may be available under applicable federal law and disability benefits as provided under this Article. Employees who are disabled beyond such one (1) year period with the specific exception of insurance benefits pursuant to Article 16 of this Agreement and sick and accident benefits under this Article. The employee, if he continues to be disabled, will continue to be eligible to receive non-duty disability benefits pursuant to this Article for a up to the maximum period of two (2) years or until their retirement first becomes effective, whichever is firstyears. If the employee is unable to return to work and perform his regular job responsibilities without limitations or restrictions at At the end of such two (2) year period, if the employee is unable to return to and perform his regular job responsibilities without limitations or restrictions, said employee will have his seniority terminated and receive no further employment benefits pursuant to this Agreement. The Employer's obligation to provide disability benefits pursuant to this Article shall be subject to reduction by any of the following other income benefits:
1. Social security disability benefits;
2. Worker's compensation benefits;
3. Disability benefits under any "no fault' automobile reparation insurance law; and
4. Duty disability benefits provided under this collective bargaining agreement. If the Employer so directs, any employee receiving non-duty disability benefits pursuant to this Article may be required to apply for other income benefits for which he may be eligible. The Employer's obligation to provide non-duty disability benefits pursuant to this Article shall be subject to reduction by any of the following other income benefits for which the employee may receive:
1. Social Security disability benefits.
2. Xxxxxxx'x Compensation benefits.
3. Pension benefits.
4. Disability benefits under any "no fault" automobile reparation insurance law. Documentation of such application for, denial, denial and/or receipt of of, such benefits must be promptly provided to the County of Monroe’s Human Resources Director. In the event that an employee receives benefits pursuant to the provisions of this Article, and it is determined that said employee was not ill or disabled or has in any way misused such benefits and/or falsified his condition, said employee will be subject to disciplinary action up to and including discharge. No employee shall engage in any gainful employment whatsoever while they are receiving non-duty disability benefits pursuant to the provisions of this Article unless they have obtained the prior written approval of the County of Monroe’s Human Resources Director. Any employee who has improperly received benefits pursuant to the provisions of this Article must, in addition to any discipline that may be imposed, reimburse the Employer for the amount of such benefits as improperly received. No employee will be returned to employment, with the exception of "favored work" as defined herein, after the receipt of non-duty disability benefits pursuant to this Article, unless he has provided a physician's certification that he is capable of resuming his job responsibilities without limitations or restrictions. Such physician's certification must be presented, in writing, to the County of Monroe’s Human Resources Department.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Non-Duty Disability Benefits. (a) Section 11.1. The Employer agrees to continue to provide all employees of the bargaining unit each regular, full-time non- probationary employee disability benefits subject to such additional terms, conditions, exclusionexclusions, limitations, deductibles and other provisions of the plan. The amount of non-duty disability income benefits provided for eligible employees shall be 67% of the employee's gross basic monthly earnings, with a maximum monthly benefit of $4,000.00 and a minimum monthly benefit of $100.00. Such gross basic monthly earnings will be calculated based upon the number of regular scheduled hours such employee would otherwise have worked, exclusive of overtime. An employee will be eligible for non-duty disability benefits under the provisions of this Article after a waiting period of one (1) day for accidents and seven (7) calendar days for illness.
. An employee who continues to be disabled may draw non-duty disability benefits for up to a maximum of two (b2) years. After such two (2) year period, all benefits will cease. An employee will not be eligible for non-duty disability benefits unless he is under the care of a physician who certifies certifies, in writing that said employee is disabled from performing his job responsibilities. Such written certification must be provided to the County’s Human Resources Director Department and must indicate what specific physical or mental limitations or restrictions disable the employee from so performing such responsibilities, and the length of time that such employee is expected to be disabled. The Employer has the unlimited right, in its sole discretion, to offer "favored work" to any employee so disabled, so long as such "favored work" is within the employee's limitations and restrictions as certified. The Employer will attempt to offer such "favored work" within Central Dispatch, but reserves the Monroe County Sheriff's Office. The Employer will make every attempt right to make such "favored work" offer consistent with in any department within the employee's present shift assignment, however, it County. Such "favored work" offer may direct the employee to perform such "favored work" assignments on another shift, if necessarywork any scheduled shift and/or job assignment not withstanding any other provision of this Agreement. Any employee who refuses such "favored work" offer will not be eligible for non-duty disability benefits. Any employee performing such "favored work" will be compensated in accordance with Appendix the following:
1) For the first 60 calendar days of "Afavored work" - 90% of salary as defined in Exhibit A of this Agreementagreement.
(c2) For the 61st through 120th calendar day of "favored work - 85% of salary as defined in Exhibit A of this agreement.
3) For the 121st through 240th calendar day of "favored work” - 80% of salary as defined in Exhibit A of this agreement.
4) For the 241st through 730th calendar day of "favored work" - 67% of salary as defined in Exhibit A of this agreement. No employee will be eligible for "favored work" beyond 730 calendar days. The Employer retains the unlimited right to direct any employee, at any time, as a condition of receiving non-duty disability benefits, to an examining physician of its designation. Such examination will be at the Employer's expense. Should such examining physician disagree with the opinion of the employee's treating physician as to the non-duty disability of such employee, or the extent of the restrictions or limitations of such employee, the employee will be cited to an independent third physician for examination and evaluation. This physician will be selected by the Employer's physician and the employee's physician and his examination will be at Employer Employer’s expense. The opinion of such physician will be final and binding on the parties herein and all further reexaminations examinations as may be directed by the Employer as to said employee will be done by such physician. All employees of the bargaining unit shall receive forty-eight hours of sick time annually, to be credited as of January 1st of each year. Such annual "sick hours” shall not accumulate from one year to the next. Employees shall receive payment at his regular hourly rate of pay as of December 31st for 100% of all such unused annual "sick hours.
(d) ” Payment shall be made on or before the first pay in February of the following year. Employees may utilize such annual sick hours only if the employee or someone on his behalf notifies the department before he is scheduled to report to work on each day that he will be absent from work, unless it is physically impossible for such report to be made. The Employer may require a physician's certificate showing that the use of such annual sick hours was due to actual non-occupational illness or injury and that such illness or injury was disabling to the extent that the employee could not perform his regular work duties. The requirement of a physician's certificate for use of such annual sick hours shall not apply to absences of one or two days unless such short periods of absence are habitual with the employee. Employees must exhaust their annual "sick hours" before receiving non-duty disability benefits pursuant to the provisions of this Article. Any employee who received receives non-duty disability benefits pursuant to this Article will continue to accrue seniority as defined in Article 13 9 of this Agreement for up to a maximum period of one year. If the employee continues to be disabled at At the end of such one (1) year period, if the employee continues to be disabled, he shall have his seniority frozen and will receive no further employment benefits, with the exception of COBRA insurance benefits as may be available under applicable federal law and disability benefits as provided under this Article. Employees who are disabled beyond such one (1) year period with the specific exception of insurance benefits pursuant to Article 15 of this Agreement and sick and accident benefits under this Article. The employee, if he continues to be disabled, will continue to be eligible to receive non-duty disability benefits pursuant to this Article for a up to the maximum period of two (2) years or until their retirement first becomes effective, whichever is firstyears. If the employee is unable to return to work and perform his regular job responsibilities without limitations or restrictions at At the end of such two (2) year period, if the employee is unable to return to and perform his regular job responsibilities without limitations or restrictions, said employee will have his seniority terminated and receive no further employment benefits pursuant to this Agreement. The Employer's obligation to provide disability benefits pursuant to this Article shall be subject to reduction by any of the following other income benefits:
1. Social security disability benefits;
2. Worker's compensation benefits;
3. Disability benefits under any "no fault' automobile reparation insurance law; and
4. Duty disability benefits provided under this collective bargaining agreement. If the Employer so directs, any employee receiving non-duty disability benefits pursuant to this Article may be required to apply for other income benefits for which he may be eligible. The Employer's obligation to provide non-duty disability benefits pursuant to this Article shall be subject to reduction by any of the following other income benefits for which the employee may receive:
1) Social Security disability benefits.
2) Xxxxxxx'x Compensation benefits.
3) Pension benefits.
4) Disability benefits under any "no fault" automobile reparation insurance law. Documentation of such application for, denial, denial and/or receipt of of, such benefits must be promptly provided to the County of Monroe’s Human Resources Director. In the event that an employee receives benefits pursuant to the provisions of this Article, and it is determined that said employee was not ill or disabled or has in any way misused such benefits and/or falsified his condition, said employee will be subject to disciplinary action up to and including discharge. No employee shall engage in any gainful employment whatsoever while they are receiving non-duty disability benefits pursuant to the provisions of this Article unless they have obtained the prior written approval of the County’s Human Resources Director. Any employee who has improperly received benefits pursuant to the provisions of this Article must, in addition to any discipline that may be imposed, reimburse the Employer for the amount of such benefits as improperly received. No employee will be returned to employment, with the exception of "favored work" as defined herein, after the receipt of non-duty disability benefits pursuant to this Article, unless he has provided a physician's certification that he is capable of resuming his job responsibilities without limitations or restrictions. Such physician's certification must be presented, in writing, to the County of Monroe’s Human Resources Department.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Non-Duty Disability Benefits. (a) The Employer agrees to continue to provide all employees of the bargaining unit each regular, full-time seniority employee disability benefits benefits, subject to additional terms, conditions, exclusionexclusions, limitations, deductibles and other provisions of the current plan.
(b) If, at the end of disability benefit period, the employee continues to be disabled, the Employer, after consultation with the employee's physician and its physician, may require said employee to attend educational and vocational training programs, at the Employer's expense. Upon completion of any such programs, the employee may be reassigned to another position with the Employer at the rate of pay established by said position. The Employer reserves the right to offer "favored work" to an employee who is receiving disability benefits, as long as the "favored work" is within the employees limitations and restrictions as certified. Any employee who refuses such "favored work" offer shall not be eligible for disability benefits. An employee performing such "favored work" will be compensated at the same rate of pay the employee was earning at the time he went on disability, for such time as the employee is eligible to receive disability benefits for two years, whichever is lesser. If the employee is in a regular position vacancy upon the expiration of the two (2) year period, the employee shall continue in said position if the employee is able to perform all of the essential functions of that job, with or without reasonable accommodation as provided under the Americans with Disabilities Act. In that circumstance, the employee's rate of pay shall be reduced to the regular rate for that position. If the employee is not in a regular position vacancy upon the expiration of the two (2) year period, the employee shall be terminated concurrent with the termination of his disability benefits.
(c) The amount of non-duty disability income benefits provided for eligible employees shall be 67% of the employee's gross basic monthly earnings, with a maximum monthly benefit of $4,000.00 and a minimum monthly benefit of $100.00. Such gross basic monthly earnings will The maximum benefit period shall be calculated based two
(d) Non-duty disability benefits are subject to reduction by any of the following other income benefits for which the employee may be eligible: • Social Security Disability Benefits • Workers' Compensation Disability Benefits • Pension Disability Benefits • Disability Benefits under any "no-fault"automobile reparation insurance law. The employee shall apply for the foregoing benefits immediately upon the number of regular scheduled hours such employee would otherwise have worked, exclusive of overtime. An employee will be becoming eligible for disability same. Further, the employee shall keep the Employer fully apprised in writing of his eligibility for and the status of said benefits under and provide the provisions of this Article after a Employer with such certification as it may require.
(e) The waiting period of for starting non-duty disability payments is one (1) day for accidents and seven (7) calendar days for illnessillnesses. The seven (7) days shall be uninterrupted and consecutive. Employees must utilize any available personal leave time and/or vacation time to cover the waiting period from the date of the accident or illness and the date short-term disability benefits commence.
(bf) Any employee going on non-duty disability shall complete the disability form provided by the Employer's Human Resources Department, along with a statement from the employee's physician stating the nature of illness or disability and the expected length of time that the employee may be disabled.
(g) The Employer shall maintain all insurance benefits for the disabled employee and, in the case of health care benefits, for his eligible family, up to one (1) year from the disability. The Employer may, at its discretion, extend said insurance benefits or allow the disabled employee to purchase said benefits from its carrier, if possible.
(h) When an employee is on non-duty disability, he shall not accrue vacation, hours toward longevity eligibility, or any other benefits. The employee shall also be ineligible for paid holidays or any other form of compensation from the Employer.
(i) An employee who, with the approval of the Employer and his physician, returns to work on a temporary part-time basis, will not be eligible for partial disability payments and pro-rated vacation based on hours worked.
(j) An employee's non-duty disability benefits unless he is under plan shall terminate on the care of a physician who certifies in writing that said employee is disabled from performing his job responsibilities. Such written certification must be provided to the Human Resources Director and must indicate what specific physical or mental limitations or restrictions disable date the employee terminates, retires or is laid off. Upon return from so performing such responsibilitieslayoff, and the length of time that such employee is expected to be disabled. The Employer has the unlimited right, in its sole discretion, to offer "favored work" to any employee so disabled, so long as such "favored work" is within the employee's limitations and restrictions as certified. The Employer will attempt to offer such "favored work" within the Monroe County Sheriff's Office. The Employer will make every attempt to make such "favored work" offer consistent disability benefits shall be reinstated commencing with the employee's present shift assignment, however, it may direct the employee to perform such "favored work" assignments on another shift, if necessary. Any employee who refuses such "favored work" offer will not be eligible for disability benefits. Any employee performing such "favored work" will be compensated in accordance with Appendix "A" of this Agreementreturn.
(ck) The Employer reserves the right to change the plan, the carrier and/or the manner in which it provides the above coverage, provided that the benefits are equal to or better than the benefits outlined above. The Employer retains the unlimited right to direct any employee, at any time, as a condition of receiving non-duty disability benefits, to an examining physician of its designation. Such examination will be at the Employer's expense. Should such examining physician disagree with the opinion of the employee's treating physician as to the disability of such employee, or the extent of the restrictions or limitations of such employee, the employee will be cited to an independent third physician for examination and evaluation. This physician will be selected by the Employer's physician and the employee's physician and his examination will be at Employer Employer’s expense. The opinion of such physician will be final and binding on the parties herein and all further reexaminations examinations as may be directed by the Employer as to said employee will be done by such physician.
(d) . Any employee who received receives non-duty disability benefits pursuant to this Article will continue to accrue seniority as defined in Article 13 9 of this Agreement for up to a maximum period of one year. If the employee continues to be disabled at At the end of such one (1) year period, if the employee continues to be disabled, he shall have his seniority frozen and will receive no further employment benefits, benefits beyond such one
(1) year period with the specific exception of COBRA insurance sick and accident benefits as may be available under applicable federal law and disability benefits as provided under this Article. Employees who are disabled beyond one (1) year The employee, if he continues to be disabled, will continue to be eligible to receive non-duty disability benefits pursuant to this Article for a up to the maximum period of two (2) years or until their retirement first becomes effective, whichever is firstyears. If the employee is unable to return to work and perform his regular job responsibilities without limitations or restrictions at At the end of such two (2) year period, if the employee is unable to return to and perform his regular job responsibilities without limitations or restrictions, said employee will have his seniority terminated terminated. *Eligible dependents as referenced herein shall include the employee’s spouse and receive no further benefits pursuant to this Agreement. The Employer's obligation to provide disability benefits pursuant to this Article shall be subject to reduction by any children as defined and provided for in each of the following other income benefits:
1. Social security disability benefits;
2. Worker's compensation benefits;
3. Disability benefits under any "no fault' automobile reparation insurance law; and
4. Duty disability benefits provided under this collective bargaining agreement. If the Employer so directs, any employee receiving disability benefits pursuant to this Article may be required to apply for other income benefits for which he may be eligible. Documentation of such application for, denial, and/or receipt of such benefits must be promptly provided to the Human Resources Directorrespective plan documents.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Non-Duty Disability Benefits. (a) The Employer agrees to continue to provide all employees of the bargaining unit each regular, full-time seniority employee non-duty disability benefits benefits, subject to such additional terms, conditions, exclusionexclusions, limitations, deductibles and other provisions of the current plan. Coverage shall commence on the day following the employee’s 365th day of continuous employment.
(b) The Employer reserves the right to offer “favored work” to an employee who is receiving non-duty disability benefits, as long as the “favored work” is within the employees limitations and restrictions as certified. If the employee is released from the limitations and restrictions as certified within two (2) years of the date the employee first becomes disabled, the employee shall be returned to the position he held immediately preceding his non-duty disability. Any employee who refuses such “favored work” offer shall not be eligible for non-duty disability benefits. An employee performing such “favored work” will be compensated at the same rate of pay the employee was earning at the time he went on disability, for such time as the employee is eligible to receive disability benefits for two years, whichever is lesser. If the employee is in a regular position vacancy upon the expiration of the two (2) year period, the employee shall continue in said position if the employee is able to perform all of the essential functions of that job, with or without reasonable accommodation as provided under the Americans with Disabilities Act. In that circumstance, the employee’s rate of pay shall be reduced to the regular rate for that position. If the employee is not in a regular position vacancy upon the expiration of the two (2) year period, the employee shall be terminated concurrent with the termination of his non-duty disability benefits.
(c) The amount of non-duty disability income benefits provided for eligible employees by the Employer shall be 67% of the employee's ’s gross basic monthly earnings, earnings with a maximum monthly benefit of $4,000.00 and a minimum monthly benefit of $100.00. Such gross basic monthly earnings will The maximum benefit period shall be calculated based two (2) years.
(d) Non-duty disability benefits are subject to reduction by any of the following other income benefits for which the employee may be eligible: • Social Security Disability Benefits • Workers’ Compensation Disability Benefits • Duty Disability Benefits • Pension Disability Benefits • Disability Benefits under any “no-fault” automobile reparation insurance law. The employee shall apply for the foregoing benefits immediately upon the number of regular scheduled hours such employee would otherwise have worked, exclusive of overtime. An employee will be becoming eligible for disability same. Further, the employee shall keep the Employer fully apprised in writing of his eligibility for and the status of said benefits under and provide the provisions of this Article after a Employer with such certification as it may require.
(e) The waiting period of for starting non-duty disability payments is one (1) day for accidents and seven (7) calendar days for illnessillnesses. The seven (7) days shall be uninterrupted and consecutive. The employee may use sick days, personal days, vacation days, or leave without pay to fulfill the waiting period requirement.
(bf) An The employee will not shall complete the non-duty disability form provided by the Employer or its designee, along with a statement from the employee’s physician stating the nature of illness or disability and the expected length of time that the employee may be eligible for disabled. Supplemental documentation shall be provided as often as required by the Employer but no less than once per month. The Employer may at any time also require the employee to submit to additional examination and testing by physicians of its choice. The Employer shall pay the cost of any such examinations and tests.
(g) No non-duty disability benefits will be paid unless he the disabled employee is under the care of a physician who certifies states, in writing writing, that said employee is disabled from performing his job responsibilities. Such written certification must be provided to the Human Resources Director and must indicate what specific physical or mental limitations or restrictions disable the employee from so performing such responsibilities, and the length of time that such employee is expected continues to be disabled. The This documentation shall be provided as often as required by the Employer has the unlimited right, in its sole discretion, to offer "favored work" to any employee so disabled, so long as such "favored work" is within the employee's limitations and restrictions as certifiedbut not less than once per month. The Employer will attempt to offer such "favored work" within the Monroe County Sheriff's Office. The Employer will make every attempt to make such "favored work" offer consistent with the employee's present shift assignment, however, it may direct the employee to perform such "favored work" assignments on another shift, if necessary. Any employee who refuses such "favored work" offer will not be eligible for disability benefits. Any employee performing such "favored work" will be compensated in accordance with Appendix "A" of this Agreement.
(c) The Employer retains the unlimited right to direct any employee, at any time, as a condition of receiving disability benefits, to an examining physician of its designation. Such examination will be at the Employer's ’s expense. Should such examining physician disagree with the opinion of the employee's ’s treating physician as to the disability of such employee, or the extent of the restrictions or limitations of such employee, the employee will be cited to an independent third physician for his examination and evaluation. This physician will be selected by the Employer's ’s designated physician and the employee's ’s physician and his examination will be at Employer the Employer’s expense. The opinion of such physician will be final and binding on the parties herein and all further reexaminations examinations as may be directed by the Employer or its designee as to said employee will be done by such physician.
(dh) Any The Employer or its designee shall maintain all insurance benefits for the disabled employee who received disability benefits pursuant to this Article will continue to accrue seniority as defined and, in Article 13 the case of this Agreement health care benefits, for his eligible family, up to a maximum period of one year. If the employee continues to be disabled at the end of such one (1) year periodfrom the disability. The Employer or its designee may, he shall have his seniority frozen and will receive no further employment benefitsat its discretion, with the exception of COBRA extend said insurance benefits as may be available under applicable federal law and or allow the disabled employee to purchase said benefits from its carrier, if applicable.
(i) Successive periods of disability benefits as provided under this Article. Employees who are disabled beyond one (1) year will continue to be eligible to receive disability benefits pursuant to this Article for a maximum period of separated by less than two (2) years weeks of full-time active employment at the employees customary place of employment shall be considered a single period of disability unless the subsequent non-duty disability is due to an injury or until their retirement first becomes effectivesickness entirely unrelated to the causes of the previous non-duty disability and commences after the employee has returned to full-time active employment.
(j) No payment will be made for benefits resulting from: • Disability for which the individual is not under the continuous care of a physician; • Intentional, whichever is first. If self-inflicted injuries or illnesses while sane, or self-inflicted injuries or illnesses while insane; • Participation in a riot, rebellion or insurrection; • Commission or attempted commission of a criminal offense.
(1) the employee is unable to return to work confined in a hospital or is satisfactorily participating in a program of rehabilitation deemed appropriate by the Employer or designee and perform his regular job responsibilities without limitations this confinement or restrictions at rehabilitation began during the end of such two waiting period, or (2) year there is also organic disease present which would cause total disability if the abuse of the drug or alcohol ceased. In any event, disability benefits for abuse drugs or alcohol is limited to no more than twenty-six (26) weeks.
(k) Vacations, holidays, longevity, sick pay, and other employee benefits shall not accrue, accumulate or be paid when the employee is receiving disability benefits.
(l) Non-duty disability payments shall be made on a weekly or bi-weekly basis.
(m) The foregoing provisions represent only an outline of the coverage provided. The terms, conditions, exclusions, limitations, deductibles and other provisions of coverage are as stated in the Employer’s plan.
(n) To qualify for non-duty disability benefits as above described, each employee must individually enroll and make proper application for such benefits with the Employer upon the commencement of his regular employment with the Employer Forms shall be provided to employees by the Employer or designee. An employee who fails to complete, sign and return the application forms as herein provided is specifically and expressly excluded from such benefits until such time as he enrolls and makes proper application during an open enrollment period.
(o) Subject to the other provisions of this Agreement, the Employer shall pay the cost of providing the non-duty disability benefits herein provided for the period that the employee will have his seniority terminated and receive no further is on the active payroll.
(p) An employee’s non-duty disability benefits pursuant shall terminate on the date the employee goes on leave of absence, terminates, retires or is laid off. Upon return from leave of absence or layoff, the employee’s non-duty disability benefits shall be reinstated commencing with the employee’s return.
(q) The Employer reserves the right to this Agreement. change the plan, the carrier and/or the manner in which it provides the above coverage, provided that the benefits are substantially equal to or better than the benefits outlined above.
(r) The Employer's obligation ’s responsibility to provide disability benefits pursuant to this Article shall be subject to reduction by pay for any of the following other income benefits:
1. Social security disability benefits;
2. Worker's compensation benefits;
3. Disability benefits under any "no fault' automobile reparation insurance law; and
4. Duty foregoing disability benefits provided under this collective bargaining agreement. If shall terminate as of the Employer so directs, any employee receiving disability benefits pursuant to this Article may be required to apply for other income benefits for which he may be eligible. Documentation expiration date of such application for, denial, and/or receipt of such benefits must be promptly provided to the Human Resources DirectorAgreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Non-Duty Disability Benefits. (a) Section 12.1. The Employer agrees to continue to provide all employees of the bargaining unit each regular, full-time non-probationary employee disability benefits referenced in Mutual of Omaha Disability Insurance Coverage, Certificate Number GUG 887J, subject to such additional terms, conditions, exclusionexclusions, limitations, deductibles and other provisions of the plan. The amount of non-duty disability income benefits provided for eligible employees shall be 67% of the employee's gross basic monthly earnings, with a maximum monthly benefit of $4,000.00 and a minimum monthly benefit of $100.00with
Section 12.2. Such gross basic monthly earnings will be calculated based upon the number of regular scheduled hours such employee would otherwise have worked, exclusive of overtime. An employee will be eligible for disability benefits under the provisions of this Article after a waiting period of one (1) day for accidents and seven (7) calendar days for illness.
(b) An employee will not be eligible for non-duty disability benefits unless he is under the care of a physician who certifies certifies, in writing writing, that said employee is disabled from performing his job responsibilities. Such written certification must be provided to the County of Monroe’s Human Resources Director Department and must indicate what specific physical or mental limitations or restrictions disable the employee from so performing such responsibilities, and the length of time that such employee is expected to be disabled. The Employer has the unlimited right, in its sole discretion, to offer "favored work" to any employee so disabled, so long as such "favored work" is within the employee's limitations and restrictions as certified. The Employer will attempt to offer such "favored work" within Central Dispatch, but reserves the Monroe County Sheriff's Office. The Employer will make every attempt right to make such "favored work" offer consistent with in any department within the employee's present shift assignment, however, it County. Such "favored work" offer may direct the employee to perform such "favored work" assignments on another shift, if necessarywork any scheduled shift and/or job assignment not withstanding any other provision of this Agreement. Any employee who refuses such "favored work" offer will not be eligible for non-duty disability benefits. Any employee performing such "favored work" will be compensated in accordance with Appendix the following:
1. For the first 60 calendar days of "Afavored work" - 90% of salary as defined in Exhibit A of this Agreementagreement.
(c) 2. For the 61st through 120th calendar day of "favored work - 85% of salary as defined in Exhibit A of this agreement.
3. For the 121st through 240th calendar day of "favored work - 80% of salary as defined in Exhibit A of this agreement.
4. For the 241st through 730th calendar day of "favored work" - 67% of salary as defined in Exhibit A of this agreement. No employee will be eligible for "favored work" beyond 730 calendar days. The Employer retains the unlimited right to direct any employee, at any time, as a condition of receiving non-duty disability benefits, to an examining physician of its designation. Such examination will be at the Employer's expense. Should such examining physician disagree with the opinion of the employee's treating physician as to the disability of such employee, or the extent of the restrictions or limitations of such employee, the employee will be cited to an independent third physician for examination and evaluation. This physician will be selected by the Employer's physician and the employee's physician and his examination will be at Employer Employer’s expense. The opinion of such physician will be final and binding on the parties herein and all further reexaminations examinations as may be directed by the Employer as to said employee will be done by such physician.
(d) . All employees of the bargaining unit shall receive forty-eight hours of sick time annually, to be credited as of January 1st of each year. Such annual "sick time” shall not accumulate from one year to the next. Employees shall receive payment at his regular hourly rate of pay as of December 31st for 100% of all such unused annual "sick hours". Payment shall be paid on or before the first pay in February of the following year. Employees may utilize such annual sick hours only if the employee or someone on his behalf notifies the department before he is scheduled to report to work on each day that he will be absent from work, unless it is physically impossible for such report to be made. The Employer may require a physician's certificate showing that the use of such annual sick time was due to actual non-occupational illness or injury and that such illness or injury was disabling to the extent that the employee could not perform his regular work duties. The requirement of a physician's certificate for use of such annual sick hour’s shall not apply to absences of one or two days unless such short periods of absence are habitual with the employee. Employees must exhaust their annual "sick hours" before receiving non-duty disability benefits pursuant to the provisions of this Article. Any employee who received receives non-duty disability benefits pursuant to this Article will continue to accrue seniority as defined in Article 13 10 of this Agreement for up to a maximum period of one year. If the employee continues to be disabled at At the end of such one (1) year period, if the employee continues to be disabled, he shall have his seniority frozen and will receive no further employment benefits, with the exception of COBRA insurance benefits as may be available under applicable federal law and disability benefits as provided under this Article. Employees who are disabled beyond such one (1) year period with the specific exception of insurance benefits pursuant to Article 16 of this Agreement and sick and accident benefits under this Article. The employee, if he continues to be disabled, will continue to be eligible to receive non-duty disability benefits pursuant to this Article for a up to the maximum period of two (2) years or until their retirement first becomes effective, whichever is firstyears. If the employee is unable to return to work and perform his regular job responsibilities without limitations or restrictions at At the end of such two (2) year period, if the employee is unable to return to and perform his regular job responsibilities without limitations or restrictions, said employee will have his seniority terminated and receive no further employment benefits pursuant to this Agreement. The Employer's obligation to provide disability benefits pursuant to this Article shall be subject to reduction by any of the following other income benefits:
1. Social security disability benefits;
2. Worker's compensation benefits;
3. Disability benefits under any "no fault' automobile reparation insurance law; and
4. Duty disability benefits provided under this collective bargaining agreement. If the Employer so directs, any employee receiving non-duty disability benefits pursuant to this Article may be required to apply for other income benefits for which he may be eligible. The Employer's obligation to provide non-duty disability benefits pursuant to this Article shall be subject to reduction by any of the following other income benefits for which the employee may receive:
1. Social Security disability benefits.
2. Xxxxxxx'x Compensation benefits.
3. Pension benefits.
4. Disability benefits under any "no fault" automobile reparation insurance law. Documentation of such application for, denial, denial and/or receipt of of, such benefits must be promptly provided to the County of Monroe’s Human Resources Director. In the event that an employee receives benefits pursuant to the provisions of this Article, and it is determined that said employee was not ill or disabled or has in any way misused such benefits and/or falsified his condition, said employee will be subject to disciplinary action up to and including discharge. No employee shall engage in any gainful employment whatsoever while they are receiving non-duty disability benefits pursuant to the provisions of this Article unless they have obtained the prior written approval of the County of Monroe’s Human Resources Director. Any employee who has improperly received benefits pursuant to the provisions of this Article must, in addition to any discipline that may be imposed, reimburse the Employer for the amount of such benefits as improperly received. No employee will be returned to employment, with the exception of "favored work" as defined herein, after the receipt of non-duty disability benefits pursuant to this Article, unless he has provided a physician's certification that he is capable of resuming his job responsibilities without limitations or restrictions. Such physician's certification must be presented, in writing, to the County of Monroe’s Human Resources Department.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Non-Duty Disability Benefits. (a) The Employer agrees to continue to provide all employees of the bargaining unit each regular, full-time seniority employee non- duty disability benefits benefits, subject to such additional terms, conditions, exclusionexclusions, limitations, deductibles and other provisions of the current plan. The Employer reserves the right to offer "favored work" to an employee who is receiving disability benefits, as long as the "favored work" is within the employees limitations and restrictions as certified. Any employee who refuses such "favored work" offer shall not be eligible for disability benefits. An employee performing such "favored work" will be compensated at the same rate of pay the employee was earning at the time she went on disability, for such time as the employee is eligible to receive disability benefits for two years, whichever is lesser. If the employee is in a regular position vacancy upon the expiration of the two (2) year period, the employee shall continue in said position if the employee is able to perform all of the essential functions of that job, with or without reasonable accommodation as provided under the Americans with Disabilities Act. In that circumstance, the employee's rate of pay shall be reduced to the regular rate for that position. If the employee is not in a regular position vacancy upon the expiration of the two (2) year period, the employee shall be terminated concurrent with the termination of her disability benefits.
(b) The amount of non-duty disability income benefits provided for eligible employees by the Employer shall be 67% of the employee's gross basic monthly earnings, earnings with a maximum monthly benefit of $4,000.00 and a minimum monthly benefit of $100.00. Such gross basic monthly earnings will The maximum benefit period shall be calculated based two (2) years.
(c) Disability benefits are subject to reduction by any of the following other income benefits for which the employee may be eligible: Social Security Disability Benefits Workers' Compensation Disability Benefits Pension Disability Benefits Disability Benefits under any "no-fault" automobile reparation insurance law. The employee shall apply for the foregoing benefits immediately upon the number of regular scheduled hours such employee would otherwise have worked, exclusive of overtime. An employee will be becoming eligible for disability same. Further, the employee shall keep the Employer fully apprised in writing of her eligibility for and the status of said benefits under and provide the provisions of this Article after a Employer with such certification as it may require.
(d) The waiting period of for starting disability payments is one (1) day for accidents and seven (7) calendar days for illnessillnesses. The seven (7) days shall be uninterrupted and consecutive. The employee
(e) Any employee going on disability shall complete the disability form provided by the Employer's Human Resources Department, along with a statement from the employee's physician stating the nature of illness or disability and the expected length of time that the employee may be disabled.
(bf) An employee will not be eligible for non-duty No disability benefits will be paid unless he the disabled employee is under the care of a physician who certifies states, in writing writing, that said employee is disabled from performing his job responsibilities. Such written certification must be provided to the Human Resources Director and must indicate what specific physical or mental limitations or restrictions disable the employee from so performing such responsibilities, and the length of time that such employee is expected continues to be disabled. The This documentation shall be provided as often as required by the Employer has the unlimited right, in its sole discretion, to offer "favored work" to any employee so disabled, so long as such "favored work" is within the employee's limitations and restrictions as certifiedbut not less than once per month. The Employer will attempt to offer such "favored work" within the Monroe County Sheriff's Office. The Employer will make every attempt to make such "favored work" offer consistent with the employee's present shift assignment, however, it may direct the employee to perform such "favored work" assignments on another shift, if necessary. Any employee who refuses such "favored work" offer will not be eligible for disability benefits. Any employee performing such "favored work" will be compensated in accordance with Appendix "A" of this Agreement.
(c) The Employer retains the unlimited right to direct any employee, at any time, as a condition of receiving disability benefits, to an examining physician of its designation. Such examination will be at the Employer's expense. Should such examining physician disagree with the opinion of the employee's treating physician as to the disability of such employee, or the extent of the restrictions or limitations of such employee, the employee will be cited to an independent third physician for her examination and evaluation. This physician will be selected by the Employer's physician and the employee's physician and his her examination will be at Employer the Employer's expense. The opinion of such physician will be final and binding on the parties herein and all further reexaminations examinations as may be directed by the Employer as to said employee will be done by such physician.
(dg) Any The Employer shall maintain all insurance benefits for the disabled employee who received disability benefits pursuant to this Article will continue to accrue seniority as defined and, in Article 13 the case of this Agreement health care benefits, for her eligible family, up to a maximum period of one year. If the employee continues to be disabled at the end of such one (1) year periodfrom the disability. The Employer may, he shall have his seniority frozen and will receive no further employment benefitsat its discretion, with the exception of COBRA extend said insurance benefits as may or allow the disabled employee to purchase said benefits from its carrier, if possible.
(h) Successive periods of disability separated by less than two weeks of full-time employment at the employees customary place of employment shall be available under applicable federal law and disability benefits as provided under this Article. Employees who are disabled beyond one (1) year will continue to be eligible to receive disability benefits pursuant to this Article for considered a maximum single period of two (2) years disability unless the subsequent disability is due to an injury or until their retirement first becomes effective, whichever is first. If sickness entirely unrelated to the causes of the previous disability and commences after the employee is unable has returned to return to work and perform his regular job responsibilities without limitations or restrictions at the end of such two (2) year period, the employee will have his seniority terminated and receive no further benefits pursuant to this Agreement. The Employer's obligation to provide disability benefits pursuant to this Article shall be subject to reduction by any of the following other income benefits:
1. Social security disability benefits;
2. Worker's compensation benefits;
3. Disability benefits under any "no fault' automobile reparation insurance law; and
4. Duty disability benefits provided under this collective bargaining agreement. If the Employer so directs, any employee receiving disability benefits pursuant to this Article may be required to apply for other income benefits for which he may be eligible. Documentation of such application for, denial, and/or receipt of such benefits must be promptly provided to the Human Resources Directorfull-time active employment.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Non-Duty Disability Benefits. (a) The Employer agrees to continue to provide all All non-probationary employees of the bargaining unit are covered by the Employer's disability benefits referenced in Mutual of Omaha Disability Insurance Coverage, Certificate Number GUG 887J, subject to additional terms, conditions, exclusionexclusions, limitations, deductibles and other provisions of the current plan. The amount of non-duty non- disability income benefits provided for eligible employees shall be 67% of the employee's gross basic monthly earnings, with a maximum monthly benefit of $4,000.00 and a minimum monthly benefit of $100.00. Such gross basic monthly earnings will be calculated based upon the number of regular scheduled hours such employee would otherwise have worked, exclusive of overtime. An employee will be eligible for non-duty disability benefits under the provisions of this Article after a waiting period of one (1) day for non-duty accidents and seven (7) calendar days for non-duty illness. An employee who continues to be disabled may draw non-duty disability benefits for up to a maximum of two (2) years. After such two (2) year period, all benefits will cease.
(b) An employee will not be eligible for non-duty disability benefits unless he is under the care of a physician who certifies certifies, in writing that said employee is disabled from performing his job responsibilities. Such written certification must be provided to the Human Resources Director Department and must indicate what specific physical or mental limitations or restrictions disable the employee from so performing such responsibilities, and the length of time that such employee is expected to be disabled. The Employer has the unlimited right, in its sole discretion, to offer "favored work" to any employee so disabled, so long as such "favored work" is within the employee's limitations and restrictions as certified. The Employer will attempt to offer such "favored work" within the Monroe County Sheriff's ’s Office. The Employer will make every attempt , but reserves the right to make such "favored work" offer consistent with in any department within the employee's present shift assignment, however, it County. Such "favored work" offer may direct the employee to perform such "favored work" assignments on another shift, if necessarywork any scheduled shift and/or job assignment not withstanding any other provision of this Agreement. Any employee who refuses such "favored work" offer will not be eligible for non-duty disability benefits. Any employee performing such "favored work" will be compensated in accordance with Appendix the following:
1. For the first 60 calendar days of "Afavored work" - 90% of salary as defined in Exhibit A of this Agreementagreement.
(c) 2. For the 61st through 120th calendar day of "favored work - 85% of salary as defined in Exhibit A of this agreement.
3. For the 121st through 240th calendar day of "favored work - 80% of salary as defined in Exhibit A of this agreement.
4. For the 241st through 730th calendar day of "favored work" - 67% of salary as defined in Exhibit A of this agreement. The Employer retains the unlimited right to direct any employee, at any time, as a condition of receiving non-duty disability benefits, to an examining physician of its designation. Such examination will be at the Employer's expense. Should such examining physician disagree with the opinion of the employee's treating physician as to the disability of such employee, or the extent of the restrictions or limitations of such employee, the employee will be cited to an independent third physician for examination and evaluation. This physician will be selected by the Employer's physician and the employee's physician and his examination will be at Employer Employer’s expense. The opinion of such physician will be final and binding on the parties herein and all further reexaminations examinations as may be directed by the Employer as to said employee will be done by such physician.
(d) . Any employee who received receives non-duty disability benefits pursuant to this Article will continue to accrue seniority as defined in Article 13 9 of this Agreement for up to a maximum period of one year. If the employee continues to be disabled at At the end of such one (1) year period, if the employee continues to be disabled, he shall have his seniority frozen and will receive no further employment benefits, with the exception of COBRA insurance benefits as may be available under applicable federal law and disability benefits as provided under this Article. Employees who are disabled beyond such one (1) year period with the specific exception of sick and accident benefits under this Article. The employee, if he continues to be disabled, will continue to be eligible to receive non-duty disability benefits pursuant to this Article for a up to the maximum period of two (2) years or until their retirement first becomes effective, whichever is firstyears. If the employee is unable to return to work and perform his regular job responsibilities without limitations or restrictions at At the end of such two (2) year period, if the employee is unable to return to and perform his regular job responsibilities without limitations or restrictions, said employee will have his seniority terminated and receive no further terminated. If the Employer so directs, any employee receiving non-duty disability benefits pursuant to this AgreementArticle may be required to apply for other income benefits for which he may be eligible. The Employer's obligation to provide disability benefits pursuant to this Article shall be subject to reduction by any of the following other income benefitsbenefits for which the employee may receive:
1. .) Social security Security disability benefits;
. 2.) Xxxxxxx'x Compensation benefits. Worker's compensation benefits;
3. Disability benefits under any "no fault' automobile reparation insurance law; and
4. Duty disability benefits provided under this collective bargaining agreement. If the Employer so directs, any employee receiving disability benefits pursuant to this Article may be required to apply for other income benefits for which he may be eligible. Documentation of such application for, denial, and/or receipt of such benefits must be promptly provided to the Human Resources Director.)
Appears in 1 contract
Samples: Collective Bargaining Agreement
Non-Duty Disability Benefits. (a) The Employer agrees to continue to provide all employees of the bargaining unit each regular, full-time seniority employee non-duty disability benefits referenced in Mutual of Omaha Disability Insurance Coverage, Certificate Number GUG 887J, subject to such additional terms, conditions, exclusionexclusions, limitations, deductibles and other provisions of the current plan. The amount of non-duty disability income benefits provided for eligible employees shall be 67% of the employee's gross basic monthly earnings, with a maximum monthly benefit of $4,000.00 and a minimum monthly benefit of $100.00. Such gross basic monthly earnings will be calculated based upon the number of regular scheduled hours such employee would otherwise have worked, exclusive of overtime. An employee will be eligible for non-duty disability benefits under the provisions of this Article after a waiting period of one (1) day for non-duty related accidents and seven (7) calendar days for illness. An employee who continues to be disabled may draw benefits for up to a maximum of two (2) years. After such two (2) year period, all benefits will cease.
(b) An If, at the end of the non-duty disability benefit period, the employee will continues to be disabled, the Employer, after consultation with the employee’s physician and its physician, may require said employee to attend educational and vocational training programs, at the Employer’s expense. Upon completion of any such programs, the employee may be reassigned to another position with the Employer at the rate of pay established by said position. The Employer reserves the right to offer “favored work” to an employee who is receiving disability benefits, as long as the “favored work” is within the employees limitations and restrictions as certified. Any employee who refuses such “favored work” offer shall not be eligible for disability benefits. An employee performing such “favored work” will be compensated at the same rate of pay the employee was earning at the time he/she went on disability, for such time as the employee is eligible to receive disability benefits or two years, whichever is lesser. If the employee is in a regular position vacancy upon the expiration of the two (2) year period, the employee shall continue in said position if the employee is able to perform all of the essential functions of that job, with or without reasonable accommodation as provided under the Americans with Disabilities Act. In that circumstance, the employee’s rate of pay shall be reduced to the regular rate for that position. If the employee is not in a regular position vacancy upon the expiration of the two (2) year period, the employee shall be terminated concurrent with the termination of his/her disability benefits.
(c) The employee shall apply for the foregoing benefits immediately upon becoming eligible for same. Further, the employee shall keep the Employer fully apprised in writing of his/her eligibility for and the status of said benefits and provide the Employer with such certification as it may require. Any employee going on non-duty disability shall complete the disability form provided by the Employer’s Human Resources Department, along with a statement from the employee’s physician stating the nature of illness or disability and the expected length of time that the employee may be disabled.
(d) The employee may use sick days, personal days, vacation days, or leave without pay to fulfill the waiting period requirement of the short-term disability plans.
(e) No disability benefits will be paid unless he the disabled employee is under the care of a physician who certifies states, in writing writing, that said employee is disabled from performing his job responsibilities. Such written certification must be provided to the Human Resources Director and must indicate what specific physical or mental limitations or restrictions disable the employee from so performing such responsibilities, and the length of time that such employee is expected continues to be disabled. The This documentation shall be provided as often as required by the Employer has the unlimited right, in its sole discretion, to offer "favored work" to any employee so disabled, so long as such "favored work" is within the employee's limitations and restrictions as certifiedbut not less than once per month. The Employer will attempt to offer such "favored work" within the Monroe County Sheriff's Office. The Employer will make every attempt to make such "favored work" offer consistent with the employee's present shift assignment, however, it may direct the employee to perform such "favored work" assignments on another shift, if necessary. Any employee who refuses such "favored work" offer will not be eligible for disability benefits. Any employee performing such "favored work" will be compensated in accordance with Appendix "A" of this Agreement.
(c) The Employer retains the unlimited right to direct any employee, at any time, as a condition of receiving disability benefits, to an examining physician of its designation. Such examination will be at the Employer's ’s expense. Should such examining physician disagree with the opinion of the employee's ’s treating physician as to the disability of such employee, or the extent of the restrictions or limitations of such employee, the employee will be cited to an independent third physician for his/her examination and evaluation. This physician will be selected by the Employer's ’s physician and the employee's ’s physician and his his/her examination will be at Employer the Employer’s expense. The opinion of such physician will be final and binding on the parties herein and all further reexaminations examinations as may be directed by the Employer as to said employee will be done by such physician.
(df) Any The Employer shall maintain all insurance benefits for the disabled employee who received disability benefits pursuant to this Article will continue to accrue seniority as defined and, in Article 13 the case of this Agreement health care benefits, for his/her eligible family, up to a maximum period of one year. If the employee continues to be disabled at the end of such one (1) year periodfrom the commencement of a disability. The Employer may, he at its discretion, extend said insurance benefits or allow the disabled employee to purchase said benefits from its carrier, if possible.
(g) When an employee is on disability, he/she shall have his seniority frozen and will receive no further employment not accrue vacation, hours toward longevity eligibility, or any other benefits. The employee shall also be ineligible for paid holidays or any other form of compensation from the Employer.
(h) An employee’s disability benefits shall terminate on the date the employee terminates, retires or is laid off. Upon return from layoff, the employee’s disability benefits shall be reinstated commencing with the exception of COBRA insurance benefits as may be available under applicable federal law and disability benefits as provided under this Article. Employees who are disabled beyond one employee’s return.
(1i) year will continue The Employer reserves the right to be eligible to receive disability benefits pursuant to this Article for a maximum period of two (2) years or until their retirement first becomes effective, whichever is first. If change the employee is unable to return to work and perform his regular job responsibilities without limitations or restrictions at the end of such two (2) year periodplan, the employee will have his seniority terminated and receive no further carrier and/or the manner in which it provides the above coverage, provided that the benefits pursuant are equal to this Agreement. The Employer's obligation to provide disability or better than the benefits pursuant to this Article shall be subject to reduction by any of the following other income benefits:
1. Social security disability benefits;
2. Worker's compensation benefits;
3. Disability benefits under any "no fault' automobile reparation insurance law; and
4. Duty disability benefits provided under this collective bargaining agreement. If the Employer so directs, any employee receiving disability benefits pursuant to this Article may be required to apply for other income benefits for which he may be eligible. Documentation of such application for, denial, and/or receipt of such benefits must be promptly provided to the Human Resources Directoroutlined above.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Non-Duty Disability Benefits. (a) 14.1: The Employer agrees to continue to provide all employees of the bargaining unit non-duty disability benefits referenced in Mutual of Omaha Disability Insurance Plan, Certificate Number GUG 887J, revised November 1, 2009, subject to additional terms, conditions, exclusion, limitations, deductibles and other provisions of the plan. The amount of non-duty disability income benefits provided for eligible employees shall be 67% of the employee's ’s gross basic monthly earnings, with a maximum monthly benefit of $4,000.00 4,000 and a minimum monthly benefit of $100.00100. Such gross basic monthly earnings will be calculated based upon the number of regular scheduled hours such employee would otherwise have worked, exclusive of overtime. An employee will be eligible for disability benefits under the provisions of this Article after a waiting period of one (1) day for non-duty related accidents and seven (7) calendar days for illness. An employee who continues to be disabled may draw non-duty related disability benefits for up to a maximum of 104 weeks. After such 104 week period, all benefits will cease.
(b) 14.2: Non-duty disability benefits are subject to reduction by any of the following other income benefits for which the employee may be eligible:
A. Social security disability benefits.
X. Xxxxxxx’x compensation benefits.
C. Pension disability benefits.
D. Disability benefits under any “no fault” automobile reparation insurance law. In order to remain eligible for non-duty disability benefits under this article, an employee is required to apply for other income benefits as soon as, and for which he may be eligible. Documentation of such application for, denial and/or receipt of such benefits must be promptly provided to the Human Resources Director.
14.3: An employee will not be eligible for non-duty disability benefits unless he is under the care of a physician who certifies certifies, in writing writing, that said employee is disabled from performing his job responsibilities. Such written certification must be provided to the Human Resources Director and must indicate what specific physical or mental limitations or restrictions disable the employee from so performing such responsibilities, and the length of time that such employee is expected to be disabled. The Employer County has the unlimited right, in its sole discretion, to offer "“favored work" ” to any employee so disabled, so long as such "“favored work" ” is within the employee's ’s physical and/or mental limitations and restrictions as certified. The Employer County will attempt to offer such "“favored work" ” within the Monroe County Sheriff's ’s Office. The Employer will make every attempt , but reserves the right to make such "“favored work" ” offer consistent with in any department within the employee's present shift assignment, however, it County. Such “favored work” offer may direct the employee to perform such "favored work" assignments on another shift, if necessarywork any scheduled shift and/or job assignment notwithstanding any other provision of this Agreement. Any employee who refuses such "“favored work" ” offer will not be eligible for disability benefits. Any employee performing such "“favored work" ” will be compensated in accordance with Appendix "the following:
A. For the first 30 calendar days on favored work - 90% of salary as defined in Exhibit “A" ” of this Agreement.
(c) B. From the 31st-60th calendar day of favored work - 85% of salary as defined in Exhibit “A” of this Agreement.
C. From the 61st-90th calendar day of favored work - 80% of salary as defined in Exhibit “A” of this Agreement.
D. From the 91st-365th calendar day of favored work - 67% of salary as defined in Exhibit “A” of this Agreement. No employee will be eligible for “favored work” beyond 365 calendar days.
14.4: The Employer County retains the unlimited right to direct any employee, at any time, as a condition of receiving disability benefits, to an examining physician of its designation. Such examination will be at the Employer's County of Monroe’s expense. Should such examining physician disagree with the opinion of the employee's ’s treating physician as to the disability of such employee, or the extent of the restrictions or limitations of such employee, the employee will be cited to an independent third physician for examination and evaluation. This physician will be selected by the Employer's County’s physician and the employee's ’s physician and his examination will be at Employer County expense. The opinion of such physician will be final and binding on the parties herein and all further reexaminations examinations as may be directed by the Employer County as to said employee will be done by such physician.
(d) 14.5: Any employee who received receives disability benefits pursuant to this Article will continue to accrue seniority as defined in Article 13 XI of this Agreement, but will not be given credit for vacation benefits as defined in Article XIII of this Agreement for during such period of his disability.
14.6: In the event that an employee receives benefits pursuant to the provisions of this Article, and it is determined that said employee was not ill or disabled or has in any way misused such benefits and/or falsified his condition, said employee will be subject to disciplinary action up to a maximum period and including discharge. No employee shall engage in any gainful employment whatsoever while they are receiving disability benefits pursuant to the provisions of one yearthis Article unless they have obtained the prior written approval of the Human Resources Director. If Any employee who has improperly received benefits pursuant to the employee continues provisions of this Article must, in addition to any discipline that may be disabled at imposed, reimburse the end County for the amount of such one (1) year period, he shall have his seniority frozen and benefits as improperly received.
14.7: No employee will receive no further employment benefitsbe returned to employment, with the exception of COBRA insurance benefits “favored work” as may be available under applicable federal law and disability benefits as provided under this Article. Employees who are disabled beyond one (1) year will continue to be eligible to receive defined in Section 14.3 herein, after the receipt of disability benefits pursuant to this Article for Article, unless he has provided a maximum period physician’s certification that he is capable of two (2) years or until their retirement first becomes effective, whichever is first. If the employee is unable to return to work and perform resuming his regular job responsibilities without limitations or restrictions at the end of such two (2) year period, the employee will have his seniority terminated and receive no further benefits pursuant to this Agreementrestrictions. The Employer's obligation to provide disability benefits pursuant to this Article shall be subject to reduction by any of the following other income benefits:
1. Social security disability benefits;
2. Worker's compensation benefits;
3. Disability benefits under any "no fault' automobile reparation insurance law; and
4. Duty disability benefits provided under this collective bargaining agreement. If the Employer so directs, any employee receiving disability benefits pursuant to this Article may be required to apply for other income benefits for which he may be eligible. Documentation of such application for, denial, and/or receipt of such benefits Such physician’s certification must be promptly provided presented, in writing, to the Human Resources Director.
14.8: Full-time seniority employees who have completed the new-hire probationary period shall be credited with six (6) sick days on January 1 of each year. (Employees who complete probation after January 1 shall receive prorated sick leave benefits during the first year of eligibility.) At the end of each year, all employees will be paid for all of the unused sick days at the rate of pay for that employee at the end of that year.
Appears in 1 contract
Samples: Collective Bargaining Agreement