Common use of On-the-Job Injury Clause in Contracts

On-the-Job Injury. Whenever an employee receives an injury, while on duty with the City of Reno, which is compensable under NRS Chapters 616A-D and 617, and such injury or illness prevents said employee from performing his/her normal full time duties, the employee shall receive full salary for a period up to, but not exceeding, cumulative one hundred (100) working days not to exceed a period of one (1) year from date of injury or knowledge of illness as indicated in the following provisions of this Article. During this period, the employee shall not forfeit any accrued sick leave. The one (1) year limitation shall be waived in the event of later surgery or worker compensation compensable incapacity resulting from the original illness or injury. However, the one hundred (100) working day limitation shall continue to apply. During this time, the City will provide full salary to the employee upon the condition that the employee endorse over to the City any workers' compensation salary continuation payment paid pursuant to NRS Chapters 616/617. The term "full salary" shall only include an employee's regular salary plus applicable longevity pay. a) Any employee receiving workers' compensation disability payment shall accumulate, without limitation, vacation and sick leave time benefits, if that payment with the City's contribution is for less than fifty percent (50%) of the regularly scheduled bi-weekly hours. Any employee receiving workers' compensation disability payments shall accumulate, subject to the following limitations, vacation and sick leave time benefits, if that payment with the City's contribution is greater than fifty percent (50%) of the regularly scheduled bi-weekly hours. 1) Pursuant to Nevada law, if the employee is capable of returning to work under conditions of "light duty" and refuses to do so, the employee shall not be eligible for continued accumulation of vacation and sick leave time benefits; however, he/she shall be eligible to continue workers' compensation disability payments as determined by NRS 616A-D and 617 and shall be eligible for full salary as otherwise provided in this Article. Determination of the employee's capability to return to work under conditions of "light duty" shall initially be made by the City's written request to the employee's workers' compensation primary care physician. If the workers' compensation primary care physician determines the employee is not capable of returning to work and the City is not satisfied with his/her determination, the City may request that the workers' compensation administrator have another physician review the employee's inability to return to "light duty" or the City may require the employee to submit to physical examination, at City expense, to determine physical capacity for light duty. If the workers' compensation administrator or the City's physician determines the employee is eligible for "light duty", however, the employee refuses to return for "light duty" then no continued vacation or sick leave accumulation shall occur until he/she does. In order to determine continued eligibility, the City may require the employee to submit to such "light duty" examinations as necessary and without limitation. It is understood that "light duty" is temporary only and the use and term of such use is left to the exclusive determination of the Chief of Police. 2) If the employee is not capable of returning to work under conditions of "light duty" as provided in (b) (1), he/she shall be eligible for continued accumulation of vacation and sick leave time benefits, subject only to other limitations provided by this Article and NRS 616A-D and 617, the employee shall continue to earn service time credit for retirement. In the event that an employee's workers' compensation claim is denied and the denial is appealed, the City agrees to pay full salary while the appeal is pending at the request of the employee for an appeal period not to exceed two (2) calendar years. If the final determination is adverse to the employee or if the appeal period exceeds two (2) calendar years, the employee must deduct the hours paid from sick leave and, if sick leave is exhausted, vacation leave to compensate the City for all payments during the appeal period. If the employee has neither sufficient sick leave nor vacation leave to compensate for hours paid by the City during pending of claim or the appeal which shall not exceed two

Appears in 2 contracts

Samples: Labor Agreement, Labor Agreement

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On-the-Job Injury. (a) Whenever an employee receives an injury, while on duty with the City of Reno, which is compensable under NRS Chapters 616A-D and 617, and such injury or illness prevents said employee from performing his/her their normal full time duties, the employee shall receive full salary for a period up to, but not exceeding, cumulative one hundred (100) working days not to exceed a period of one (1) year from date of injury or knowledge of illness as indicated in the following provisions of this Article. During this period, the employee shall not forfeit any accrued sick leave. The one (1) year limitation shall be waived in the event of later surgery or worker compensation compensable incapacity resulting from the original illness or injury. However, the one hundred (100) working day limitation shall continue to apply. During this time, the City will provide full salary to the employee upon the condition that the employee endorse over to the City any workers' compensation salary continuation payment paid pursuant to NRS Chapters 616/617. The term "full salary" shall only include an employee's ’s regular salary plus applicable longevity pay. a(b) Any employee receiving workers' compensation disability payment shall accumulate, without limitation, vacation and sick leave time benefits, if that payment with the City's ’s contribution is for less than fifty percent (50%) of the regularly scheduled bi-weekly hours. Any employee receiving workers' compensation disability payments shall accumulate, subject to the following limitations, vacation and sick leave time benefits, if that payment with the City's ’s contribution is greater than fifty percent (50%) of the regularly scheduled bi-weekly hours. (1) Pursuant to Nevada law, if the employee is capable of returning to work under conditions of "light duty" and refuses to do so, the employee shall not be eligible for continued accumulation of vacation and sick leave time benefits; however, he/she shall be eligible to continue workers' compensation disability payments as determined by NRS 616A-D and 617 and shall be eligible for full salary as otherwise provided in this Article. Determination of the employee's ’s capability to return to work under conditions of "light duty" shall initially be made by the City's ’s written request to the employee's ’s workers' compensation primary care physician. If the workers' compensation primary care physician determines the employee is not capable of returning to work and the City is not satisfied with his/her their determination, the City may request that the workers' compensation administrator have another physician review the employee's ’s inability to return to "light duty" duty or the City may require the employee to submit to physical examination, at City expense, to determine physical capacity for light duty. If the workers' compensation administrator or the City's ’s physician determines the employee is eligible for "light duty", however, the employee refuses to return for "light duty" then no continued vacation or sick leave accumulation shall occur until he/she does. In order to determine continued eligibility, the City may require the employee to submit to such "light duty" examinations as necessary and without limitation. It is understood that "light duty" is temporary only and the use and term of such use is left to the exclusive determination of the Chief of Police. (2) If the employee is not capable of returning to work under conditions of "light duty" as provided in (b) (1), he/she shall be eligible for continued accumulation of vacation and sick leave time benefits, subject only to other limitations provided by this Article and NRS 616A-616A- D and 617, the employee shall continue to earn service time credit for retirement. . (c) In the event that an employee's ’s workers' compensation claim is denied and the denial is appealed, the City agrees to pay full salary while the appeal is pending at the request of the employee for an appeal period not to exceed two (2) calendar years. If the final determination is adverse to the employee or if the appeal period exceeds two (2) calendar years, the employee must deduct the hours paid from sick leave and, if sick leave is exhausted, vacation leave to compensate the City for all payments during the appeal period. If the employee has neither sufficient sick leave nor vacation leave to compensate for hours paid by the City during pending of claim or the appeal which shall not exceed twotwo (2) calendar years, City may advance the employee sick leave to cover the balance of hours subject to the approval of the City Manager. If the employee terminates prior to accruing all sick leave advance, the employee is responsible for paying the balance advanced sick leave hours in cash at the time of termination. (d) Any employee while on paid workers’ compensation leave will not accrue sick leave or vacation time but shall continue to earn service time credit for PERS except as provided under (b) above. (e) Upon the expiration of the accumulative one hundred (100) working days referenced in (a) above, if the employee is still unable to work, he/she may utilize their accumulated sick leave at the rate of one-half (½) the amount charged per shift or day, during which period the employee shall endorse over to the City the workers’ compensation salary continuation payments paid pursuant to NRS Chapters 616A-D and 617. (f) When accrued sick leave has expired, if the employee is still unable to work, he/she may utilize their accumulated vacation time pay at the rate of one-half (½) the amount charged per shift or day, during which period the employee shall endorse over to the City the workers’ compensation salary continuation payments paid pursuant to NRS Chapters 616A-D and 617.

Appears in 1 contract

Samples: Labor Agreement

On-the-Job Injury. SECTION 13.1 Whenever an employee receives covered by this Agreement suffers an injuryillness or injury deemed compensable under Florida’s Workers’ Compensation Act the City will pay to the employee his or her regular rate of pay, while on duty less any Workers’ Compensation benefits received until: (A) the employee is able to return to his or her regular employment with the City of Reno, which is compensable under NRS Chapters 616A-D and 617, and such injury or illness prevents said employee from performing his/her normal full time duties, City; or (B) the employee shall receive full salary for returns to light duty work, as provided below; or (C) the employee is awarded a period up to, but not exceeding, cumulative one hundred disability pension from the City; or (100D) working days not to exceed a period of one (1) year from has passed since the first date of injury or knowledge lost time as a result of illness as indicated in the following provisions on- the-job injury. However, if, at the end of this Article. During this periodone year, the employee has not returned to regular duty but the employee’s prognosis (rendered by a City physician) is that the employee will be able to return to regular duty within the forthcoming twelve (12) months, then the benefits shall not forfeit any accrued sick leavecontinue until the end of the second year or until the employee returns to work, (either regular or light duty) whichever occurs first. The This extension past one (1) year limitation shall will not apply to employees where the injury was sustained during recreational activity, except that effective upon the ratification of the 2010-2013 Agreement, such an extension may be waived provided to an employee who is thereafter injured while on duty and engaged in the event proper use of later surgery or worker compensation compensable incapacity resulting from the original illness or injury. However, the one hundred (100) working day limitation shall continue to apply. During this time, the City will provide full salary to the employee upon the condition that the employee endorse over to the owned exercise equipment within a City any workers' compensation salary continuation payment paid pursuant to NRS Chapters 616/617. The term "full salary" shall only include an employee's regular salary plus applicable longevity payowned building. a) Any SECTION 13.2 The City may, in it sole and exclusive discretion, deny any supplemental benefits provided for in Section 13.1 to any employee receiving workers' compensation disability payment shall accumulatewho it determines sustained the injury because of said employee’s willful misconduct, without limitationgross negligence, vacation and sick leave time benefitsa criminal act, if that payment with the City's contribution is for less than fifty percent (50%) intoxication or drug use. SECTION 13.3 As a condition of continued receipt of the regularly scheduled bi-weekly hours. Any employee receiving workers' compensation disability payments shall accumulate, subject to the following limitations, vacation and sick leave time benefits, if that payment with the City's contribution is greater than fifty percent (50%) of the regularly scheduled bi-weekly hours. 1) Pursuant to Nevada law, if the employee is capable of returning to work under conditions of "light duty" and refuses to do soabove benefit, the employee shall not be eligible for continued accumulation of vacation and sick leave time benefits; howeversubmit, he/she shall be eligible to continue workers' compensation disability payments as determined by NRS 616A-D and 617 and shall be eligible for full salary as otherwise provided in this Article. Determination of the employee's capability to return to work under conditions of "light duty" shall initially be made upon request by the City's written request to the employee's workers' compensation primary care physician. If the workers' compensation primary care physician determines the employee is not capable of returning to work and the City is not satisfied with his/her determination, the City may request that the workers' compensation administrator have another physician review the employee's inability to return to "light duty" or the City may require the employee to submit to physical examination, at City expense, to determine a physical capacity for light duty. If the workers' compensation administrator or psychological examination by a physician selected by the City's . SECTION 13.4 Employees suffering on the job injuries will be entitled to select their own treating physician determines and hospital, if approved by the employee is eligible City’s Workers’ Compensation Administrator for "light duty"medical care, howeverproviding all charges of the physician and hospital comply with the Workers’ Compensation laws. SECTION 13.5 As a condition of receiving the supplemental benefits set forth in Section 13.1, the employee refuses to return for "light duty" then no continued vacation or sick leave accumulation shall occur until he/she does. In order to determine continued eligibilityabove, the City may require (but is under no obligation to provide) the employee to submit to such "perform light duty" examinations duty work within the Fire-Rescue Department, as necessary and without limitation. It is understood that "light duty" is temporary only and deemed appropriate by the use and term of such use is left to the exclusive determination of the Fire Chief of Policeor his designee(s). 2) If the employee is not capable of returning to work under conditions of "light duty" as provided SECTION 13.6 Effective February 22, 2005, in (b) (1), he/she shall be eligible for continued accumulation of vacation and sick leave time benefits, subject only to other limitations provided by this Article and NRS 616A-D and 617, the employee shall continue to earn service time credit for retirement. In the event that an employee's workers' compensation claim is denied and employee who has been granted a disability pension based on an on the denial is appealedjob injury returns to regular duty under the terms of the firefighter pension plan, the City agrees to time that the returned employee was on the disability pension will be counted as continuous service for purposes of contractual seniority as defined in Section 9.1 of this Agreement. No additional pay full salary while the appeal is pending at the request of the employee for an appeal period not to exceed two (2) calendar years. If the final determination is adverse to the employee or if the appeal period exceeds two (2) calendar years, the employee must deduct the hours paid from sick leave and, if sick leave is exhausted, vacation leave to compensate the City for all payments other benefits shall accrue during the appeal periodreturned employee’s period of absence while on the disability pension. If The parties agree that this Section was applied retroactively to conclusively resolve a pending grievance, and that no new grievance may be filed or processed based on the employee has neither sufficient sick leave nor vacation leave to compensate for hours paid by the City during pending implementation of claim or the appeal which shall not exceed twothis Section.

Appears in 1 contract

Samples: Collective Bargaining Agreement

On-the-Job Injury. Whenever an employee receives an injury, while on duty with the City of Reno, which is compensable under NRS Chapters 616A-D and 617, and such injury or illness prevents said employee from performing his/her their normal full time duties, the employee shall receive full salary for a period up to, but not exceeding, cumulative one hundred (100) working days not to exceed a period of one (1) year from date of injury or knowledge of illness as indicated in the following provisions of this Article. During this period, the employee shall not forfeit any accrued sick leave. The one (1) year limitation shall be waived in the event of later surgery or worker compensation compensable incapacity resulting from the original illness or injury. However, the one hundred (100) working day limitation shall continue to apply. During this time, the City will provide full salary to the employee upon the condition that the employee endorse over to the City any workers' compensation salary continuation payment paid pursuant to NRS Chapters 616/617. The term "full salary" shall only include an employee's regular salary plus applicable longevity pay. a) Any employee receiving workers' compensation disability payment shall accumulate, without limitation, vacation and sick leave time benefits, if that payment with the City's contribution is for less than fifty percent (50%) of the regularly scheduled bi-weekly hours. Any employee receiving workers' compensation disability payments shall accumulate, subject to the following limitations, vacation and sick leave time benefits, if that payment with the City's contribution is greater than fifty percent (50%) of the regularly scheduled bi-weekly hours. 1) Pursuant to Nevada law, if the employee is capable of returning to work under conditions of "light duty" and refuses to do so, the employee shall not be eligible for continued accumulation of vacation and sick leave time benefits; however, he/she shall be eligible to continue workers' compensation disability payments as determined by NRS 616A-D and 617 and shall be eligible for full salary as otherwise provided in this Article. Determination of the employee's capability to return to work under conditions of "light duty" shall initially be made by the City's written request to the employee's workers' compensation primary care physician. If the workers' compensation primary care physician determines the employee is not capable of returning to work and the City is not satisfied with his/her their determination, the City may request that the workers' compensation administrator have another physician review the employee's inability to return to "light duty" or the City may require the employee to submit to physical examination, at City expense, to determine physical capacity for light duty. If the workers' compensation administrator or the City's physician determines the employee is eligible for "light duty", however, the employee refuses to return for "light duty" then no continued vacation or sick leave accumulation shall occur until he/she does. In order to determine continued eligibility, the City may require the employee to submit to such "light duty" examinations as necessary and without limitation. It is understood that "light duty" is temporary only and the use and term of such use is left to the exclusive determination of the Chief of Police. 2) If the employee is not capable of returning to work under conditions of "light duty" as provided in (b) (1), he/she shall be eligible for continued accumulation of vacation and sick leave time benefits, subject only to other limitations provided by this Article and NRS 616A-D and 617, the employee shall continue to earn service time credit for retirement. In the event that an employee's workers' compensation claim is denied and the denial is appealed, the City agrees to pay full salary while the appeal is pending at the request of the employee for an appeal period not to exceed two (2) calendar years. If the final determination is adverse to the employee or if the appeal period exceeds two (2) calendar years, the employee must deduct the hours paid from sick leave and, if sick leave is exhausted, vacation leave to compensate the City for all payments during the appeal period. If the employee has neither sufficient sick leave nor vacation leave to compensate for hours paid by the City during pending of claim or the appeal which shall not exceed two

Appears in 1 contract

Samples: Labor Agreement

On-the-Job Injury. (a) Whenever an employee receives an injury, while on duty with the City of Reno, which is compensable under NRS Chapters 616A-D and 617, and such injury or illness prevents said employee from performing his/her their normal full time duties, the employee shall receive full salary for a period up to, but not exceeding, cumulative one hundred (100) working days not to exceed a period of one (1) year from date of injury or knowledge of illness as indicated in the following provisions of this Article. During this period, the employee shall not forfeit any accrued sick leave. The one (1) year limitation shall be waived in the event of later surgery or worker compensation compensable incapacity resulting from the original illness or injury. However, the one hundred (100) working day limitation shall continue to apply. During this time, the City will provide full salary to the employee upon the condition that the employee endorse over to the City any workers' compensation salary continuation payment paid pursuant to NRS Chapters 616/617. The term "full salary" shall only include an employee's regular salary plus applicable longevity pay. a(b) Any employee receiving workers' compensation disability payment shall accumulate, without limitation, vacation and sick leave time benefits, if that payment with the City's contribution is for less than fifty percent (50%) of the regularly scheduled bi-bi- weekly hours. Any employee receiving workers' compensation disability payments shall accumulate, subject to the following limitations, vacation and sick leave time benefits, if that payment with the City's contribution is greater than fifty percent (50%) of the regularly scheduled bi-bi- weekly hours. (1) Pursuant to Nevada law, if the employee is capable of returning to work under conditions of "light duty" and refuses to do so, the employee shall not be eligible for continued accumulation of vacation and sick leave time benefits; however, he/she shall be eligible to continue workers' compensation disability payments as determined by NRS 616A-D and 617 and shall be eligible for full salary as otherwise provided in this Article. Determination of the employee's capability to return to work under conditions of "light duty" shall initially be made by the City's written request to the employee's workers' compensation primary care physician. If the workers' compensation primary care physician determines the employee is not capable of returning to work and the City is not satisfied with his/her their determination, the City may request that the workers' compensation administrator have another physician review the employee's inability to return to "light duty" duty or the City may require the employee to submit to physical examination, at City expense, to determine physical capacity for light duty. If the workers' compensation administrator or the City's physician determines the employee is eligible for "light duty", however, the employee refuses to return for "light duty" then no continued vacation or sick leave accumulation shall occur until he/she does. In order to determine continued eligibility, the City may require the employee to submit to such "light duty" examinations as necessary and without limitation. It is understood that "light duty" is temporary only and the use and term of such use is left to the exclusive determination of the Chief of Police. (2) If the employee is not capable of returning to work under conditions of "light duty" as provided in (b) (1), he/she shall be eligible for continued accumulation of vacation and sick leave time benefits, subject only to other limitations provided by this Article and NRS 616A-D and 617, the employee shall continue to earn service time credit for retirement. . (c) In the event that an employee's workers' compensation claim is denied and the denial is appealed, the City agrees to pay full salary while the appeal is pending at the request of the employee for an appeal period not to exceed two (2) calendar years. If the final determination is adverse to the employee or if the appeal period exceeds two (2) calendar years, the employee must deduct the hours paid from sick leave and, if sick leave is exhausted, vacation leave to compensate the City for all payments during the appeal period. If the employee has neither sufficient sick leave nor vacation leave to compensate for hours paid by the City during pending of claim or the appeal which shall not exceed twotwo (2) calendar years, City may advance the employee sick leave to cover the balance of hours subject to the approval of the City Manager. If the employee terminates prior to accruing all sick leave advanced, the employee is responsible for paying the balance advanced sick leave hours in cash at the time of termination.

Appears in 1 contract

Samples: Labor Agreement

On-the-Job Injury. (a) Whenever an employee receives an injury, while on duty with the City of Reno, which is compensable under NRS Chapters 616A-D and 617, and such injury or illness prevents said employee from performing his/her normal full time duties, the employee shall receive full salary for a period up to, but not exceeding, cumulative one hundred (100) working days not to exceed a period of one (1) year from date of injury or knowledge of illness as indicated in the following provisions of this Article. During this period, the employee shall not forfeit any accrued sick leave. The one (1) year limitation shall be waived in the event of later surgery or worker compensation compensable incapacity resulting from the original illness or injury. However, the one hundred (100) working day limitation shall continue to apply. During this time, the City will provide full salary to the employee upon the condition that the employee endorse over to the City any workers' compensation salary continuation payment paid pursuant to NRS Chapters 616/617. The term "full salary" shall only include an employee's ’s regular salary plus applicable longevity pay. a(b) Any employee receiving workers' compensation disability payment shall accumulate, without limitation, vacation and sick leave time benefits, if that payment with the City's ’s contribution is for less than fifty percent (50%) of the regularly scheduled bi-bi- weekly hours. Any employee receiving workers' compensation disability payments shall accumulate, subject to the following limitations, vacation and sick leave time benefits, if that payment with the City's ’s contribution is greater than fifty percent (50%) of the regularly scheduled bi-bi- weekly hours. (1) Pursuant to Nevada law, if the employee is capable of returning to work under conditions of "light duty" and refuses to do so, the employee shall not be eligible for continued accumulation of vacation and sick leave time benefits; however, he/she shall be eligible to continue workers' compensation disability payments as determined by NRS 616A-D and 617 and shall be eligible for full salary as otherwise provided in this Article. Determination of the employee's ’s capability to return to work under conditions of "light duty" shall initially be made by the City's ’s written request to the employee's ’s workers' compensation primary care physician. If the workers' compensation primary care physician determines the employee is not capable of returning to work and the City is not satisfied with his/her determination, the City may request that the workers' compensation administrator have another physician review the employee's ’s inability to return to "light duty" duty or the City may require the employee to submit to physical examination, at City expense, to determine physical capacity for light duty. If the workers' compensation administrator or the City's ’s physician determines the employee is eligible for "light duty", however, the employee refuses to return for "light duty" then no continued vacation or sick leave accumulation shall occur until he/she does. In order to determine continued eligibility, the City may require the employee to submit to such "light duty" examinations as necessary and without limitation. It is understood that "light duty" is temporary only and the use and term of such use is left to the exclusive determination of the Chief of Police. (2) If the employee is not capable of returning to work under conditions of "light duty" as provided in (b) (1), he/she shall be eligible for continued accumulation of vacation and sick leave time benefits, subject only to other limitations provided by this Article and NRS 616A-D and 617, the employee shall continue to earn service time credit for retirement. . (c) In the event that an employee's ’s workers' compensation claim is denied and the denial is appealed, the City agrees to pay full salary while the appeal is pending at the request of the employee for an appeal period not to exceed two (2) calendar years. If the final determination is adverse to the employee or if the appeal period exceeds two (2) calendar years, the employee must deduct the hours paid from sick leave and, if sick leave is exhausted, vacation leave to compensate the City for all payments during the appeal period. If the employee has neither sufficient sick leave nor not vacation leave to compensate for hours paid by the City during pending of claim or the appeal which shall not exceed two

Appears in 1 contract

Samples: Labor Agreement

On-the-Job Injury. (a) Whenever an employee receives an injury, while on duty with the City of Reno, which is compensable under NRS Chapters 616A-D and 617, and such injury or illness prevents said employee from performing his/her their normal full time duties, the employee shall receive full salary for a period up to, but not exceeding, cumulative one hundred (100) working days not to exceed a period of one (1) year from date of injury or knowledge of illness as indicated in the following provisions of this Article. During this period, the employee shall not forfeit any accrued sick leave. The one (1) year limitation shall be waived in the event of later surgery or worker compensation compensable incapacity resulting from the original illness or injury. However, the one hundred (100) working day limitation shall continue to apply. During this time, the City will provide full salary to the employee upon the condition that the employee endorse over to the City any workers' compensation salary continuation payment paid pursuant to NRS Chapters 616/617. The term "full salary" shall only include an employee's ’s regular salary plus applicable longevity pay. a(b) Any employee receiving workers' compensation disability payment shall accumulate, without limitation, vacation and sick leave time benefits, if that payment with the City's ’s contribution is for less than fifty percent (50%) of the regularly scheduled bi-weekly hours. Any employee receiving workers' compensation disability payments shall accumulate, subject to the following limitations, vacation and sick leave time benefits, if that payment with the City's ’s contribution is greater than fifty percent (50%) of the regularly scheduled bi-weekly hours. (1) Pursuant to Nevada law, if the employee is capable of returning to work under conditions of "light duty" and refuses to do so, the employee shall not be eligible for continued accumulation of vacation and sick leave time benefits; however, he/she shall be eligible to continue workers' compensation disability payments as determined by NRS 616A-D and 617 and shall be eligible for full salary as otherwise provided in this Article. Determination of the employee's ’s capability to return to work under conditions of "light duty" shall initially be made by the City's ’s written request to the employee's ’s workers' compensation primary care physician. If the workers' compensation primary care physician determines the employee is not capable of returning to work and the City is not satisfied with his/her their determination, the City may request that the workers' compensation administrator have another physician review the employee's ’s inability to return to "light duty" duty or the City may require the employee to submit to physical examination, at City expense, to determine physical capacity for light duty. If the workers' compensation administrator or the City's ’s physician determines the employee is eligible for "light duty", however, the employee refuses to return for "light duty" then no continued vacation or sick leave accumulation shall occur until he/she does. In order to determine continued eligibility, the City may require the employee to submit to such "light duty" examinations as necessary and without limitation. It is understood that "light duty" is temporary only and the use and term of such use is left to the exclusive determination of the Chief of Police. (2) If the employee is not capable of returning to work under conditions of "light duty" as provided in (b) (1), he/she shall be eligible for continued accumulation of vacation and sick leave time benefits, subject only to other limitations provided by this Article and NRS 616A-D and 617, the employee shall continue to earn service time credit for retirement. . (c) In the event that an employee's ’s workers' compensation claim is denied and the denial is appealed, the City agrees to pay full salary while the appeal is pending at the request of the employee for an appeal period not to exceed two (2) calendar years. If the final determination is adverse to the employee or if the appeal period exceeds two (2) calendar years, the employee must deduct the hours paid from sick leave and, if sick leave is exhausted, vacation leave to compensate the City for all payments during the appeal period. If the employee has neither sufficient sick leave nor vacation leave to compensate for hours paid by the City during pending of claim or the appeal which shall not exceed twotwo (2) calendar years, City may advance the employee sick leave to cover the balance of hours subject to the approval of the City Manager. If the employee terminates prior to accruing all sick leave advance, the employee is responsible for paying the balance advanced sick leave hours in cash at the time of termination. (d) Any employee while on paid workers’ compensation leave will not accrue sick leave or vacation time but shall continue to earn service time credit for PERS except as provided under (b) above. (e) Upon the expiration of the accumulative one hundred (100) working days referenced in (a) above, if the employee is still unable to work, he/she may utilize their accumulated sick leave at the rate of one-half (½) the amount charged per shift or day, during which period the employee shall endorse over to the City the workers’ compensation salary continuation payments paid pursuant to NRS Chapters 616A-D and 617. (f) When accrued sick leave has expired, if the employee is still unable to work, he/she may utilize their accumulated vacation time pay at the rate of one-half (½) the amount charged per shift or day, during which period the employee shall endorse over to the City the workers’ compensation salary continuation payments paid pursuant to NRS Chapters 616A-D and 617.

Appears in 1 contract

Samples: Labor Agreement

On-the-Job Injury. (a) Whenever an employee receives an injury, is injured while on duty with the City of Reno, which is compensable under NRS Chapters 616A-D and 617, and such injury or illness prevents said employee from performing his/her his normal full time duties, the employee shall receive full salary for a period up to, but not exceeding, cumulative one hundred (100) working days not to exceed a period of one (1) year from date of injury or knowledge of illness as indicated in the following provisions of this Article. During this period, the employee shall not forfeit any accrued sick leave. The one (1) year limitation shall be waived in the event of later surgery or worker compensation compensable incapacity resulting from the original illness or injury. However, the one hundred (100) working day limitation shall continue to apply. During this time, the City will provide full salary to the employee upon the condition that the employee endorse over to the City any workers' compensation salary continuation payment paid pursuant to NRS Chapters 616/617. The term "full salary" shall only include an employee's regular salary plus applicable longevity pay. a) Any employee receiving workers' compensation disability payment shall accumulate, without limitation, vacation and sick leave time benefits, if that payment with the City's contribution is for less than fifty percent (50%) of the regularly scheduled bi-weekly hours. Any employee receiving workers' compensation disability payments shall accumulate, subject to the following limitations, vacation and sick leave time benefits, if that payment with the City's contribution is greater than fifty percent (50%) of the regularly scheduled bi-weekly hours. 1) Pursuant to Nevada law, if the employee is capable of returning to work under conditions of "light duty" and refuses to do so, the employee shall not be eligible for continued accumulation of vacation and sick leave time benefits; however, he/she shall be eligible to continue workers' compensation disability payments as determined by NRS 616A-D and 617 and shall be eligible for full salary as otherwise provided in this Article. Determination of the employee's capability to return to work under conditions of "light duty" shall initially be made by the City's written request to the employee's workers' compensation primary care physician. If the workers' compensation primary care physician determines the employee is not capable of returning to work and the City is not satisfied with his/her determination, the City may request that the workers' compensation administrator have another physician review the employee's inability to return to "light duty" or the City may require the employee to submit to physical examination, at City expense, to determine physical capacity for light duty. If the workers' compensation administrator or the City's physician determines the employee is eligible for "light duty", however, the employee refuses to return for "light duty" then no continued vacation or sick leave accumulation shall occur until he/she does. In order to determine continued eligibility, the City may require the employee to submit to such "light duty" examinations as necessary and without limitation. It is understood that "light duty" is temporary only and the use and term of such use is left to the exclusive determination of the Chief of Police. 2) If the employee is not capable of returning to work under conditions of "light duty" as provided in (b) (1), he/she shall be eligible for continued accumulation of vacation and sick leave time benefits, subject only to other limitations provided by this Article and NRS 616A-D and 617, the employee shall continue to earn service time credit for retirement. In the event that an employee's workers' compensation NRS 616 Worker’s Compensation System claim is denied and the denial is appealed, the City agrees to pay full salary while the NRS 616 Worker’s Compensation System appeal is pending at the request of the employee for an appeal period not to exceed two one (21) calendar yearsyear. If the final determination is adverse to the employee or if the appeal period exceeds two one (21) calendar yearsyear, the employee must deduct the hours paid from sick leave and, if sick leave is exhausted, vacation leave to compensate the City for all payments hours paid during the appeal period. If the employee has neither sufficient sick leave nor or vacation leave to compensate for hours paid by the City during pending of claim or the appeal which shall not exceed twoone (1) calendar year, City may advance the employee sick leave to cover the balance of hours. If the employee terminates prior to accruing all sick leave advanced, the employee is responsible for paying the balance of advanced sick leave hours in cash at the time of termination. It is understood that the term "full salary" shall only include an employee's base salary plus applicable longevity pay. (c) Any employee while on NRS 616 Worker’s Compensation System leave will not accrue sick leave or vacation time but shall continue to earn service time credit for retirement. (d) Upon the expiration of the accumulative one hundred (100) working days referenced in (a) above, if the employee is still unable to work, he may utilize his accumulated sick leave at the rate of one-half (1/2) the amount charged per shift or day, during which period the employee shall retain the NRS 616 Worker’s Compensation System payment, and the City shall then pay him the difference between his normal pay and NRS 616 Worker’s Compensation System payment. (e) When accrued sick leave has expired, if the employee is still unable to work, except for total accumulated vacation, he may utilize his accumulated vacation time pay at the rate of one-half (1/2) the amount charged per shift or day, during which period the employee shall retain the NRS 616 Worker’s Compensation System payment, and the City shall then pay him the difference between his normal pay and NRS 616 Worker’s Compensation System payment.

Appears in 1 contract

Samples: Labor Agreement

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On-the-Job Injury. (a) Whenever an employee receives an injury, is injured while on duty with the City of Reno, which is compensable under NRS Chapters 616A-D and 617, and such injury or illness prevents said employee from performing his/her their normal full time duties, the employee shall receive full salary for a period up to, but not exceeding, cumulative one hundred (100) working days days, not to exceed a period of one (1) year from date of injury or knowledge of illness as indicated in the following provisions of this Article. During this period, the employee shall not forfeit any accrued sick leave. The one (1) year limitation shall be waived in the event of later surgery or worker compensation compensable incapacity resulting from the original illness or injury. However, the one hundred (100) working day limitation shall continue to apply. During this time, the City will provide full salary to the employee upon the condition that the employee endorse over to the City any workers' compensation salary continuation payment paid pursuant to NRS Chapters 616/617. The term "full salary" shall only include an employee's regular salary plus applicable longevity pay. a) Any employee receiving workers' compensation disability payment shall accumulate, without limitation, vacation and sick leave time benefits, if that payment with the City's contribution is for less than fifty percent (50%) of the regularly scheduled bi-weekly hours. Any employee receiving workers' compensation disability payments shall accumulate, subject to the following limitations, vacation and sick leave time benefits, if that payment with the City's contribution is greater than fifty percent (50%) of the regularly scheduled bi-weekly hours. 1) Pursuant to Nevada law, if the employee is capable of returning to work under conditions of "light duty" and refuses to do so, the employee shall not be eligible for continued accumulation of vacation and sick leave time benefits; however, he/she shall be eligible to continue workers' compensation disability payments as determined by NRS 616A-D and 617 and shall be eligible for full salary as otherwise provided in this Article. Determination of the employee's capability to return to work under conditions of "light duty" shall initially be made by the City's written request to the employee's workers' compensation primary care physician. If the workers' compensation primary care physician determines the employee is not capable of returning to work and the City is not satisfied with his/her determination, the City may request that the workers' compensation administrator have another physician review the employee's inability to return to "light duty" or the City may require the employee to submit to physical examination, at City expense, to determine physical capacity for light duty. If the workers' compensation administrator or the City's physician determines the employee is eligible for "light duty", however, the employee refuses to return for "light duty" then no continued vacation or sick leave accumulation shall occur until he/she does. In order to determine continued eligibility, the City may require the employee to submit to such "light duty" examinations as necessary and without limitation. It is understood that "light duty" is temporary only and the use and term of such use is left to the exclusive determination of the Chief of Police. 2) If the employee is not capable of returning to work under conditions of "light duty" as provided in (b) (1), he/she shall be eligible for continued accumulation of vacation and sick leave time benefits, subject only to other limitations provided by this Article and NRS 616A-D and 617, the employee shall continue to earn service time credit for retirement. In the event that an employee's workers' compensation NRS 616 or 617 Workers’ Compensation System claim is denied and the denial is appealed, the City agrees to pay full salary while the NRS 616 or 617 Workers’ Compensation System appeal is pending at the request of the employee for an appeal period not to exceed two one (21) calendar yearsyear. If the final determination is adverse to the employee or if the appeal period exceeds two one (21) calendar yearsyear, the employee must deduct the hours paid from sick leave and, if sick leave is exhausted, vacation leave to compensate the City for all payments hours paid during the appeal period. If the employee has neither sufficient sick leave nor vacation leave to compensate for hours paid by the City during pending of claim or the appeal which shall not exceed twoone (1) calendar year, the City may advance the employee sick leave to cover the balance of hours. If the employee terminates prior to accruing all sick leave advanced, the employee is responsible for paying the balance of advanced sick leave hours in cash at the time of termination. It is understood that the term "full salary" shall only include an employee's base salary plus applicable longevity pay. (c) Any employee while on NRS 616 of 617 Workers’ Compensation System leave will not accrue sick leave or vacation time but shall continue to earn service time credit for retirement. (d) Upon the expiration of the accumulative one hundred (100) working days referenced in (a) above, if the employee is still unable to work, he/she may utilize their accumulated sick leave at the rate of one-half (1/2) the amount charged per shift or day, during which period the employee shall retain the NRS 616 or 617 Workers’ Compensation System payment, and the City shall then pay him/her the difference between their normal pay and NRS 616 or 617 Workers’ Compensation System payment. (e) When accrued sick leave has expired, if the employee is still unable to work, except for total accumulated vacation, he/she may utilize his accumulated vacation time pay at the rate of one-half (1/2) the amount charged per shift or day, during which period the employee shall retain the NRS 616 or 617 Workers’ Compensation System payment, and the City shall then pay him/her the difference between their normal pay and NRS 616 or 617 Workers’ Compensation System payment.

Appears in 1 contract

Samples: Labor Agreement

On-the-Job Injury. (a) Whenever an employee receives an injury, is injured while on duty with the City of Reno, which is compensable under NRS Chapters 616A-D and 617, and such injury or illness prevents said employee from performing his/her normal full time duties, the employee shall receive full salary for a period up to, but not exceeding, cumulative one hundred (100) working days days, not to exceed a period of one (1) year from date of injury or knowledge of illness as indicated in the following provisions of this Article. During this period, the employee shall not forfeit any accrued sick leave. The one (1) year limitation shall be waived in the event of later surgery or worker compensation compensable incapacity resulting from the original illness or injury. However, the one hundred (100) working day limitation shall continue to apply. During this time, the City will provide full salary to the employee upon the condition that the employee endorse over to the City any workers' compensation salary continuation payment paid pursuant to NRS Chapters 616/617. The term "full salary" shall only include an employee's regular salary plus applicable longevity pay. a) Any employee receiving workers' compensation disability payment shall accumulate, without limitation, vacation and sick leave time benefits, if that payment with the City's contribution is for less than fifty percent (50%) of the regularly scheduled bi-weekly hours. Any employee receiving workers' compensation disability payments shall accumulate, subject to the following limitations, vacation and sick leave time benefits, if that payment with the City's contribution is greater than fifty percent (50%) of the regularly scheduled bi-weekly hours. 1) Pursuant to Nevada law, if the employee is capable of returning to work under conditions of "light duty" and refuses to do so, the employee shall not be eligible for continued accumulation of vacation and sick leave time benefits; however, he/she shall be eligible to continue workers' compensation disability payments as determined by NRS 616A-D and 617 and shall be eligible for full salary as otherwise provided in this Article. Determination of the employee's capability to return to work under conditions of "light duty" shall initially be made by the City's written request to the employee's workers' compensation primary care physician. If the workers' compensation primary care physician determines the employee is not capable of returning to work and the City is not satisfied with his/her determination, the City may request that the workers' compensation administrator have another physician review the employee's inability to return to "light duty" or the City may require the employee to submit to physical examination, at City expense, to determine physical capacity for light duty. If the workers' compensation administrator or the City's physician determines the employee is eligible for "light duty", however, the employee refuses to return for "light duty" then no continued vacation or sick leave accumulation shall occur until he/she does. In order to determine continued eligibility, the City may require the employee to submit to such "light duty" examinations as necessary and without limitation. It is understood that "light duty" is temporary only and the use and term of such use is left to the exclusive determination of the Chief of Police. 2) If the employee is not capable of returning to work under conditions of "light duty" as provided in (b) (1), he/she shall be eligible for continued accumulation of vacation and sick leave time benefits, subject only to other limitations provided by this Article and NRS 616A-D and 617, the employee shall continue to earn service time credit for retirement. In the event that an employee's workers' compensation NRS 616 or 617 Workers’ Compensation System claim is denied and the denial is appealed, the City agrees to pay full salary while the NRS 616 or 617 Workers’ Compensation System appeal is pending at the request of the employee for an appeal period not to exceed two one (21) calendar yearsyear. If the final determination is adverse to the employee or if the appeal period exceeds two one (21) calendar yearsyear, the employee must deduct the hours paid from sick leave and, if sick leave is exhausted, vacation leave to compensate the City for all payments hours paid during the appeal period. If the employee has neither sufficient sick leave nor vacation leave to compensate for hours paid by the City during pending of claim or the appeal which shall not exceed twoone (1) calendar year, the City may advance the employee sick leave to cover the balance of hours. If the employee terminates prior to accruing all sick leave advanced, the employee is responsible for paying the balance of advanced sick leave hours in cash at the time of termination. It is understood that the term "full salary" shall only include an employee's base salary plus applicable longevity pay. (c) Any employee while on NRS 616 of 617 Workers’ Compensation System leave will not accrue sick leave or vacation time but shall continue to earn service time credit for retirement. (d) Upon the expiration of the accumulative one hundred (100) working days referenced in (a) above, if the employee is still unable to work, he/she may utilize his/her accumulated sick leave at the rate of one‑half (1/2) the amount charged per shift or day, during which period the employee shall retain the NRS 616 or 617 Workers’ Compensation System payment, and the City shall then pay him/her the difference between his/her normal pay and NRS 616 or 617 Workers’ Compensation System payment. (e) When accrued sick leave has expired, if the employee is still unable to work, except for total accumulated vacation, he/she may utilize his accumulated vacation time pay at the rate of one‑half (1/2) the amount charged per shift or day, during which period the employee shall retain the NRS 616 or 617 Workers’ Compensation System payment, and the City shall then pay him/her the difference between his/her normal pay and NRS 616 or 617 Workers’ Compensation System payment.

Appears in 1 contract

Samples: Labor Agreement

On-the-Job Injury. SECTION 13.1 Whenever an employee receives covered by this Agreement suffers an injuryillness or injury deemed compensable under the Florida's Workers' Compensation Act, while on duty the City will pay to the employee his or her regular rate of pay, less any Workers' Compensation benefits received until: (A) the employee is able to return to his or her regular employment with the City of Reno, which is compensable under NRS Chapters 616A-D and 617, and such injury or illness prevents said employee from performing his/her normal full time duties, City; or (B) the employee shall receive full salary for returns to light duty work, as provided below; or (C) the employee is awarded a period up todisability pension from the City; or (D) one (1) year has passed since the first date of lost time as a result of the on-the-job injury. However, but not exceedingif, cumulative one hundred (100) working days not to exceed a period at the end of one (1) year from date of injury or knowledge of illness as indicated in the following provisions of this Article. During this periodyear, the employee has not returned to regular duty but the employee's prognosis (rendered by a City physician) is that the employee will be able to return to regular duty within the forthcoming twelve (12) months, then the benefits shall not forfeit any accrued sick leavecontinue until the end of the second year or until the employee returns to work, (either regular or light duty) whichever occurs first. The This extension past one (1) year limitation shall will not apply to employees where the injury was sustained during recreational activity, except that effective upon the ratification of the 2010-2013 Agreement, such an extension may be waived provided to an employee who is thereafter injured while on duty and engaged in the event proper use of later surgery or worker compensation compensable incapacity resulting from City owned exercise equipment within a City- owned building. SECTION 13.2 The City may, in its sole and exclusive discretion, deny any supplemental benefits provided for in Section 13.1 to any employee who it determines sustained the original illness or injury. However, the one hundred (100) working day limitation shall continue to apply. During this time, the City will provide full salary to the employee upon the condition that the employee endorse over to the City any workers' compensation salary continuation payment paid pursuant to NRS Chapters 616/617. The term "full salary" shall only include an injury because of said employee's regular salary plus applicable longevity paywillful misconduct, gross negligence, criminal act, intoxication or drug use. a) Any employee receiving workers' compensation disability payment shall accumulate, without limitation, vacation and sick leave time benefits, if that payment with the City's contribution is for less than fifty percent (50%) SECTION 13.3 As a condition of continued receipt of the regularly scheduled bi-weekly hours. Any employee receiving workers' compensation disability payments shall accumulate, subject to the following limitations, vacation and sick leave time benefits, if that payment with the City's contribution is greater than fifty percent (50%) of the regularly scheduled bi-weekly hours. 1) Pursuant to Nevada law, if the employee is capable of returning to work under conditions of "light duty" and refuses to do soabove benefit, the employee shall not submit, upon request by the City, to a physical or psychological examination by a physician selected by the City. SECTION 13.4 Employees suffering on the job injuries will be eligible for continued accumulation of vacation entitled to select their own treating physician and sick leave time benefits; howeverhospital, he/she shall be eligible to continue workers' compensation disability payments as determined by NRS 616A-D and 617 and shall be eligible for full salary as otherwise provided in this Article. Determination of the employee's capability to return to work under conditions of "light duty" shall initially be made if approved by the City's written request to Workers' Compensation Administrator for medical care, providing provided all charges of the employee's workersphysician and hospital comply with the Workers' compensation primary care physician. If Compensation laws. SECTION 13.5 As a condition of receiving the workers' compensation primary care physician determines the employee is not capable of returning to work and the City is not satisfied with his/her determinationsupplemental benefits set forth in Section 13.1, the City may request that the workers' compensation administrator have another physician review the employee's inability to return to "light duty" or the City may require the employee to submit to physical examination, at City expense, to determine physical capacity for light duty. If the workers' compensation administrator or the City's physician determines the employee is eligible for "light duty", however, the employee refuses to return for "light duty" then no continued vacation or sick leave accumulation shall occur until he/she does. In order to determine continued eligibilityabove, the City may require (but is under no obligation to provide) the employee to submit to such "perform light duty" examinations duty work within the Fire-Rescue Department, as necessary and without limitation. It is understood that "light duty" is temporary only and deemed appropriate by the use and term of such use is left to the exclusive determination of the Fire Chief of Policeor designee(s). 2) If the employee is not capable of returning to work under conditions of "light duty" as provided in (b) (1)SECTION 13.6 Effective February 22, he/she shall be eligible for continued accumulation of vacation and sick leave time benefits2005, subject only to other limitations provided by this Article and NRS 616A-D and 617, the employee shall continue to earn service time credit for retirement. In inIn the event that an employee's workers' compensation claim is denied and employee who has been granted a disability pension based on an on the denial is appealedjob injury returns to regular duty under the terms of the firefighterFirefighter pension Pension planPlan, the City agrees to time that the returned employee was on the disability pension will be counted as continuous service for purposes of contractual seniority as defined in Section 9.1 of this Agreement. No additional pay full salary while the appeal is pending at the request of the employee for an appeal period not to exceed two (2) calendar years. If the final determination is adverse to the employee or if the appeal period exceeds two (2) calendar years, the employee must deduct the hours paid from sick leave and, if sick leave is exhausted, vacation leave to compensate the City for all payments other benefits shall accrue during the appeal periodreturned employee’s period of absence while on the disability pension. If The parties Parties agree that this Section was applied retroactively to conclusively resolve a pending grievance, and that no new grievance may be filed or processed based on the employee has neither sufficient sick leave nor vacation leave to compensate for hours paid by the City during pending implementation of claim or the appeal which shall not exceed twothis Section.

Appears in 1 contract

Samples: Collective Bargaining Agreement

On-the-Job Injury. Whenever In the event any employee sustains an injury on the job, occupational illness or communicable disease as defined in Article 20, he shall be taken directly to the nearest facility where proper medical treatment can be obtained. The cost of the necessary hospital, doctor's care, prescriptions, and related medical expenses shall be paid by the City for all on the job injuries, occupational diseases or communicable diseases, as defined in Article 20, provided that the employees shall assign to the City those recoveries from any third party only to the extent necessary to reimburse the City for the expense paid. This assignment shall exclude the proceeds from any insurance policy solely paid for by the employee. Nothing shall deny an employee receives injured on the job who has been taken to the nearest doctor or facility for proper treatment from requesting the doctor of his or her choice. All on-the-job injuries are subject to the OJI Policies, rules and procedures applicable to all City of Memphis employees. Employees shall submit to any reasonable examination by any physician employed by the City. If, because of an on-the-job injury, while on duty with an employee leaves work prior to the City end of Renohis scheduled work period, which is compensable under NRS Chapters 616Ahe shall be paid the remainder of the day. An employee unable to work because of an on-D and 617, and such the-job injury or illness prevents said employee from performing his/her normal full time duties, the employee shall receive may be paid full salary for time lost for a period up to, but not exceeding, cumulative one hundred (100) working days not to exceed a period of one six months (1) year from date of injury or knowledge of illness as indicated in the following provisions of this Article180 calendar days). During this period, the employee shall not forfeit any accrued sick leave. The one (1) year limitation shall be waived in the event of later surgery or worker compensation compensable incapacity resulting from the original illness or injury. However, the one hundred (100) working day limitation shall continue to apply. During this time, the City will provide full salary to the employee upon the condition that the employee endorse over to the City any workers' compensation salary continuation payment paid pursuant to NRS Chapters 616/617. The term "full salary" shall only include an employee's regular salary plus applicable longevity pay. a) Any employee receiving workers' compensation disability payment shall accumulate, without limitation, vacation and sick leave time benefits, if that payment with the City's contribution is for less than fifty percent (50%) of the regularly scheduled bi-weekly hours. Any employee receiving workers' compensation disability payments shall accumulate, subject to the following limitations, vacation and sick leave time benefits, if that payment with the City's contribution is greater than fifty percent (50%) of the regularly scheduled bi-weekly hours. 1) Pursuant to Nevada lawThereafter, if the employee is capable of returning unable to work under conditions of "light duty" and refuses to do sowork, the employee may use available paid leave time (including paid sick leave) to permit the employee to remain on the payroll for a period of time not to exceed one year from the date of disablement, and at the end of one year from the date of injury the employee shall be removed from payroll. All employees injured in the Line of Duty who are covered under the City of Memphis Retirement Plan may apply for disability retirement benefits, subject to the City of Memphis Ordinance. They may also apply for benefits under the Long Term Disability Plan which covers all City employees. Any change which may result in reduced on the job injury benefits to employees shall not be eligible for continued accumulation of vacation made until proper notice is given to the Union and sick leave time benefits; however, he/she shall be eligible to continue workers' compensation disability payments as determined by NRS 616A-D and 617 and shall be eligible for full salary as otherwise provided in this Article. Determination of the employee's capability to return to work under conditions of "light duty" shall initially be made until such changes and/or adjustments are renegotiated by the City's written request to the employee's workers' compensation primary care physician. If the workers' compensation primary care physician determines the employee is not capable of returning to work and the City is not satisfied with his/her determination, the City may request that the workers' compensation administrator have another physician review the employee's inability to return to "light duty" or the City may require the employee to submit to physical examination, at City expense, to determine physical capacity for light duty. If the workers' compensation administrator or the City's physician determines the employee is eligible for "light duty", however, the employee refuses to return for "light duty" then no continued vacation or sick leave accumulation shall occur until he/she does. In order to determine continued eligibility, the City may require the employee to submit to such "light duty" examinations as necessary and without limitation. It is understood that "light duty" is temporary only and the use and term of such use is left to the exclusive determination of the Chief of Policeparties. 2) If the employee is not capable of returning to work under conditions of "light duty" as provided in (b) (1), he/she shall be eligible for continued accumulation of vacation and sick leave time benefits, subject only to other limitations provided by this Article and NRS 616A-D and 617, the employee shall continue to earn service time credit for retirement. In the event that an employee's workers' compensation claim is denied and the denial is appealed, the City agrees to pay full salary while the appeal is pending at the request of the employee for an appeal period not to exceed two (2) calendar years. If the final determination is adverse to the employee or if the appeal period exceeds two (2) calendar years, the employee must deduct the hours paid from sick leave and, if sick leave is exhausted, vacation leave to compensate the City for all payments during the appeal period. If the employee has neither sufficient sick leave nor vacation leave to compensate for hours paid by the City during pending of claim or the appeal which shall not exceed two

Appears in 1 contract

Samples: Memorandum of Understanding

On-the-Job Injury. (a) Whenever an employee receives an injury, while on duty with the City of Reno, which is compensable under NRS Chapters 616A-D and 617, and such injury or illness prevents said employee from performing his/her normal full time duties, the employee shall receive full salary for a period up to, but not exceeding, cumulative one hundred (100) working days not to exceed a period of one (1) year from date of injury or knowledge of illness as indicated in the following provisions of this Article. During this period, the employee shall not forfeit any accrued sick leave. The one (1) year limitation shall be waived in the event of later surgery or worker compensation compensable incapacity resulting from the original illness or injury. However, the one hundred (100) working day limitation shall continue to apply. During this time, the City will provide full salary to the employee upon the condition that the employee endorse over to the City any workers' compensation salary continuation payment paid pursuant to NRS Chapters 616/617. The term "full salary" shall only include an employee's ’s regular salary plus applicable longevity pay. a(b) Any employee receiving workers' compensation disability payment shall accumulate, without limitation, vacation and sick leave time benefits, if that payment with the City's ’s contribution is for less than fifty percent (50%) of the regularly scheduled bi-weekly hours. Any employee receiving workers' compensation disability payments shall accumulate, subject to the following limitations, vacation and sick leave time benefits, if that payment with the City's ’s contribution is greater than fifty percent (50%) of the regularly scheduled bi-weekly hours. (1) Pursuant to Nevada law, if the employee is capable of returning to work under conditions of "light duty" and refuses to do so, the employee shall not be eligible for continued accumulation of vacation and sick leave time benefits; however, he/she shall be eligible to continue workers' compensation disability payments as determined by NRS 616A-D and 617 and shall be eligible for full salary as otherwise provided in this Article. Determination of the employee's ’s capability to return to work under conditions of "light duty" shall initially be made by the City's ’s written request to the employee's ’s workers' compensation primary care physician. If the workers' compensation primary care physician determines the employee is not capable of returning to work and the City is not satisfied with his/her determination, the City may request that the workers' compensation administrator have another physician review the employee's ’s inability to return to "light duty" duty or the City may require the employee to submit to physical examination, at City expense, to determine physical capacity for light duty. If the workers' compensation administrator or the City's ’s physician determines the employee is eligible for "light duty", however, the employee refuses to return for "light duty" then no continued vacation or sick leave accumulation shall occur until he/she does. In order to determine continued eligibility, the City may require the employee to submit to such "light duty" examinations as necessary and without limitation. It is understood that "light duty" is temporary only and the use and term of such use is left to the exclusive determination of the Chief of Police. (2) If the employee is not capable of returning to work under conditions of "light duty" as provided in (b) (1), he/she shall be eligible for continued accumulation of vacation and sick leave time benefits, subject only to other limitations provided by this Article and NRS 616A-D and 617, the employee shall continue to earn service time credit for retirement. . (c) In the event that an employee's ’s workers' compensation claim is denied and the denial is appealed, the City agrees to pay full salary while the appeal is pending at the request of the employee for an appeal period not to exceed two (2) calendar years. If the final determination is adverse to the employee or if the appeal period exceeds two (2) calendar years, the employee must deduct the hours paid from sick leave and, if sick leave is exhausted, vacation leave to compensate the City for all payments during the appeal period. If the employee has neither sufficient sick leave nor vacation leave to compensate for hours paid by the City during pending of claim or the appeal which shall not exceed twotwo (2) calendar years, City may advance the employee sick leave to cover the balance of hours subject to the approval of the City Manager. If the employee terminates prior to accruing all sick leave advance, the employee is responsible for paying the balance advanced sick leave hours in cash at the time of termination. (d) Any employee while on paid workers’ compensation leave will not accrue sick leave or vacation time but shall continue to earn service time credit for PERS except as provided under (b) above. (e) Upon the expiration of the accumulative one hundred (100) working days referenced in (a) above, if the employee is still unable to work, he/she may utilize his/her accumulated sick leave at the rate of one-half (½) the amount charged per shift or day, during which period the employee shall endorse over to the City the workers’ compensation salary continuation payments paid pursuant to NRS Chapters 616A-D and 617. (f) When accrued sick leave has expired, if the employee is still unable to work, he/she may utilize his/her accumulated vacation time pay at the rate of one-half (½) the amount charged per shift or day, during which period the employee shall endorse over to the City the workers’ compensation salary continuation payments paid pursuant to NRS Chapters 616A-D and 617.

Appears in 1 contract

Samples: Labor Agreement

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