OCCUPATIONAL INJURY LEAVE. Section 32.1. This Article outlines the conditions under which Occupational Injury Leave (OIL) may be granted by the Employer and the procedures for administering its use. Section 32.2. Any employee who becomes unable to perform duties as assigned by the Employer due to a physical injury or illness suffered in the discharge or performance of his official duties with the exception of gross negligence or intentional self-injury, shall be placed on Occupational Injury Leave. The employee will continue to receive his regular straight time daily rate of pay (the base rate of pay). This OIL is fully paid by the Employer and is in lieu of Workers’ Compensation (temporary total disability). An employee who applies for injury leave will apply to BWC for medical benefits only and not lost income benefits. The employee may apply for lost income benefits toward the end of the injury leave if it is known that the absence will continue beyond the paid leave. The employee may utilize sick time or other approved leave of absence to supplement Workers’ Compensation benefits. OIL will continue for a period not to exceed ninety (90) calendar days, without using any accumulated leave. The Employer, based solely upon specific medical evidence for each individual case, may extend an OIL for an additional ninety (90) calendar days. Failure of the Employer to extend OIL shall not be subject to the grievance procedure. Section 32.3. The Employer has the right to review the employee’s physical and mental status each thirty (30) days of absence in order to determine the employee’s ability to return to work. In the event of a difference of opinion as to the employee’s mental or physical status between the employee’s physician and the Employer’s physician, the issue shall be submitted to a third physician mutually selected by the Benevolent Association and the Employer from a list submitted by the Academy of Medicine of Greater Cincinnati, whose decision regarding the ability of the employee to perform his regular duties shall be final and binding on both parties. The services of the third physician shall be paid by the Employer. Section 32.4. An employee applying for an OIL shall authorize the release to the Employer of all medical information, pertinent only to the occupational injury or illness, possessed by the Section 32.5. The Employer may assign the employee to transitional duty with the approval of, and within the limitation set by, the employee’s treating physician. The Employer will determine if transitional duty work is available. Section 32.6. The Employer may provide this benefit to the employee through income protection insurance or by any other means available to the Employer. In the event this benefit is provided through the purchase of income protection insurance, the employee shall meet all the requirements of such insurance policy to receive OIL pay. The cost of such insurance shall be at the Employer’s expense. Section 32.7. Employees on Workers’ Compensation lost income benefits do not earn sick or vacation leave.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
OCCUPATIONAL INJURY LEAVE. Section 32.11. This Article outlines the conditions under which Occupational Injury Leave (OIL) may be granted If an employee is disabled by the Employer and the procedures for administering its use.
Section 32.2. Any employee who becomes unable to perform duties as assigned by the Employer due to a physical an occupational injury or illness suffered which is re- compensable under the Workmen's Compensation Laws of New Jersey, he will be paid the equivalent of his regular base rate. This would be a combination of the amount to be paid by the state and the balance to be deducted from the individual's sick leave bank as long as there are hours available for use (at the employee's option). If there were no hours available in the discharge individual's sick leave bank, he would receive only payment from the state during the time of the injury or performance of his official duties with the exception of gross negligence illness.
2. An employee that is disabled due to an occupational injury or intentional self-injury, shall illness will be placed on Occupational Injury a leave of absence not to exceed three (3) years from the first date of absence. If an employee exhausts his sick leave pay (as provided under Article XII-Sick Leave) he will be granted a medical leave of absence not to exceed three (3) years from the date such sick leave pay is exhausted. If the employee does not return to active service upon completion of this medical leave, he will be terminated from the Company.
3. The Company reserves the right to require employees returning from occupational injury leave to take a physical examination given by a physician designated by the Company. The results of each examination will not be reported to the Company except in cases where the employee's health would be endangered by his continuing in his position or if the examining physician determines the employee is no longer fit to perform his duties. The employee reserves the right to return to a physician of h i s choosing for confirmation. In the latter cases, the Company will continue endeavor to receive provide work for the employee but reserves the right to terminate his regular straight time daily rate employment after the provisions of pay (the base rate of pay). This OIL is fully paid by the Employer Paragraphs 1 and is in lieu of Workers’ Compensation (temporary total disability)2 are complied with.
4. An employee who applies may retain any Workmen's Compensation benefits received by him as an award for partial or permanent injury leave will apply which might exceed his total wages which would have been payable under this Article and Article XIII for the period of time lost from employment.
(a) Medical Arbitration - If any dispute arises between the Company and the Union under the provisions of this Article as to BWC for medical benefits only and not lost income benefits. The employee may apply for lost income benefits toward the end extent of the injury leave if it is known that the absence will continue beyond the paid leave. The employee may utilize sick time or other approved leave of absence to supplement Workers’ Compensation benefits. OIL will continue for a period not to exceed ninety (90) calendar days, without using any accumulated leave. The Employer, based solely upon specific medical evidence for each individual case, may extend an OIL for an additional ninety (90) calendar days. Failure disability of the Employer to extend OIL shall not be subject to the grievance procedure.
Section 32.3. The Employer has the right to review the employee’s physical employee and mental status each thirty (30) days of absence in order to determine the employee’s his ability to return to work, the Company's physician shall meet with the employee's physician, upon written request of either party, to review the history and records of the case. An xxxxxxx effort shall be made to settle the dispute and to determine a date upon which the employee will return to work.
(b) If the Company's physician and the employee's physician are unable to settle the dispute within twenty (20) days after the receipt of the written request for the review of the case, the parties shall, by mutual agreement, select a third and neutral physician certified and registered to practice medicine in the State to act as Medical Arbitrator. In the event of a difference of opinion as to the employee’s mental or physical status between the employee’s physician Union and the Employer’s physicianCompany cannot agree on a Medical Arbitrator within ten (10) days, the issue County or State Medical Board shall be submitted requested to a third physician mutually selected by appoint the Benevolent Association and Medical Arbitrator. The Medical Arbitrator shall not have the Employer from a list submitted by the Academy of Medicine of Greater Cincinnatipower to add to, whose decision regarding the ability subtract from, or modify any of the employee to perform terms of this Agreement and his regular duties decision shall be final and binding on both upon the parties hereto. It is mutually agreed that the compensation and expenses of the Medical Arbitrator shall be divided equally among the parties. The services cost of the third physician any special examinations or tests under this provision shall be paid by the Employerparty requesting same.
Section 32.4(c) The time limits set forth above may be extended by mutual agreement of the parties in writing.
6. An employee applying for an OIL shall authorize If there is a gap of ten (10) days or more in the release payments to the Employer of all medical information, pertinent only to the occupational injury or illness, possessed by the
Section 32.5. The Employer may assign the employee to transitional duty with the approval of, and within the limitation set byemployee, the employee’s treating physician. The Employer Company will determine if transitional duty work is available.
Section 32.6. The Employer may provide this benefit advance to the employee through income protection at their request the amount of the scheduled payment. The employee shall reimburse the Company such advance upon receipt of payment from the insurance carrier or the State.
7. Employees who are out sick or injured with restrictions, may be assigned to work a limited duty assignment in their classification. This assignment will be for a maximum of ninety (90) days which can be extended by any other means available thirty (30) day periods, by mutual agreement between the Company and the Union. Those employees who are assigned to a light or limited duty assignment will not be permitted to work overtime or work on holidays.
8. The Company will pay benefit premium(s) while the EmployerEmployee is out for Occupational Injury Leave. In the event this benefit is provided through the purchase of income protection insuranceUpon return from leave, the employee shall meet all Employee will reimburse the requirements of such insurance policy to receive OIL payCompany for said premium(s) within thirty (30) days. The cost Company will continue to pay benefit premium(s) while Employee is out on Worker’s Compensation leave. Upon return from leave, the Employee will reimburse the Company for unpaid premiums based on an agreed payment schedule between Employee and Company not to exceed 90 days. Non-payment of such insurance shall be at premiums could result in loss of coverage. Employee also has the Employer’s expense. Section 32.7. Employees on Workers’ Compensation lost income benefits do not earn sick option to make premium payments during their leave either through payroll deduction or vacation leavepersonal payment.
Appears in 1 contract
Samples: Collective Bargaining Agreement
OCCUPATIONAL INJURY LEAVE. Section 32.131.1. This Article outlines the conditions under which Occupational Injury Leave (OIL) may be granted by the Employer and the procedures for administering its use.
Section 32.231.2. Any employee who becomes unable to perform duties as assigned by the Employer due to a physical injury or illness suffered in the discharge or performance of his official duties with the exception of gross negligence or intentional self-injury, shall be placed on Occupational Injury Leave. The employee will continue to receive his regular straight time daily rate of pay (the base rate of pay). This OIL is fully paid by the Employer and is in lieu of Workers’ Compensation (temporary total disability). An employee who applies for injury leave will apply to BWC for medical benefits only and not lost income benefits. The employee may apply for lost income benefits toward the end of the injury leave if it is known that the absence will continue beyond the paid leave. The employee may utilize sick time or other approved leave of absence to supplement Workers’ Compensation benefitsCompensation. OIL will continue for a period not to exceed ninety (90) calendar days, without using any accumulated leave. The Employer, based solely upon specific medical evidence for each individual case, may extend an OIL for an additional ninety (90) calendar days. Failure of the Employer to extend OIL shall not be subject to the grievance procedure.
Section 32.331.3. The Employer has the right to review the employee’s physical and mental status each thirty (30) days of absence in order to determine the employee’s ability to return to work. In the event of a difference of opinion as to the employee’s mental or physical status between the employee’s physician and the Employer’s physician, the issue shall be submitted to a third physician mutually selected by the Benevolent Association and the Employer from a list submitted by the Academy of Medicine of Greater Cincinnati, whose decision regarding the ability of the employee to perform his regular duties shall be final and binding on both parties. The services of the third physician shall be paid by the Employer.In
Section 32.431.4. An employee applying for an OIL shall authorize the release to the Employer of all medical information, pertinent only to the occupational injury or illness, possessed by thethe employee’s treating physician(s) and treatment facility(ies), if so requested by the Employer or his designee.
Section 32.531.5. The Employer may assign the employee to transitional duty with the approval of, and within the limitation set by, the employee’s treating physician. The Employer will determine if transitional duty work is available.
Section 32.631.6. The Employer may provide this benefit to the employee through income protection insurance or by any other means available to the Employer. In the event this benefit is provided through the purchase of income protection insurance, the employee shall meet all the requirements of such insurance policy to receive OIL pay. The cost of such insurance shall be at the Employer’s expense. .
Section 32.731.7. Employees on Workers’ Compensation lost income benefits do not earn sick or vacation leave.
Appears in 1 contract
Samples: Collective Bargaining Agreement
OCCUPATIONAL INJURY LEAVE. Section 32.1. This Article outlines the conditions under which Occupational Injury Leave (OIL) may be granted by the Employer Employer, and the procedures for administering its use.
Section 32.2. Any employee who becomes unable to perform duties as assigned by the Employer due to a physical injury or illness suffered in the discharge or performance of his official duties with the exception of gross negligence or intentional self-injury, shall be placed on Occupational Injury Leave. The employee will continue to receive his regular straight time daily rate of pay (the base rate of pay). This OIL is fully paid by the Employer and is in lieu of Workers’ Compensation (temporary total disability). An employee who applies for injury leave will apply to BWC for medical benefits only and not lost income benefits. The employee may apply for lost income benefits toward the end of the injury leave if it is known that the absence will continue beyond the paid leave. The employee may utilize sick time or other approved leave of absence to supplement Workers’ Compensation benefits. OIL will continue for a period not to exceed ninety (90) calendar days, without using any accumulated leave. The Employer, based solely upon specific medical evidence for each individual case, may extend an OIL for an additional ninety (90) calendar days. Failure of the Employer to extend OIL shall not be subject to the grievance procedure.
Section 32.3. The Employer has the right to review the employee’s physical and mental status each thirty (30) days of absence in order to determine the employee’s ability to return to work. In the event of a difference of opinion as to the employee’s mental or physical status between the employee’s physician and the Employer’s physician, the issue shall be submitted to a third physician mutually selected by the Benevolent Association and the Employer from a list submitted by the Academy of Medicine of Greater Cincinnati, whose decision regarding the ability of the employee to perform his regular duties duties, shall be final and binding on both parties. The services of the third physician shall be paid by the Employer.
Section 32.4. An employee applying for an OIL shall authorize the release to the Employer of all medical information, pertinent only to the occupational injury or illness, possessed by thethe employee’s treating physician(s) and treatment facility(ies), if so requested by the Employer or his designee.
Section 32.5. The Employer may assign the employee to transitional duty with the approval of, and within the limitation set by, the employee’s treating physician. The Employer will determine if transitional duty work is available.
Section 32.6. The Employer may provide this benefit to the employee through income protection insurance or by any other means available to the Employer. In the event this benefit is provided through the purchase of income protection insurance, the employee shall meet all the requirements of such insurance policy to receive OIL pay. The cost of such insurance shall be at the Employer’s expense. Section 32.7. Employees on Workers’ Compensation lost income benefits do not earn sick or vacation leave.provided
Appears in 1 contract
Samples: Collective Bargaining Agreement