Common use of - Workers' Compensation and Sick Leave Clause in Contracts

- Workers' Compensation and Sick Leave. Employees are expected to comply with any City safety rules or regulations. Where appropriate, supervisors will inform employees of special safety guidelines. If any on-the-job injury occurs, or if an unsafe condition exists, it must immediately be reported to the employee’s supervisor for appropriate action. The City, in accordance with State law, provides worker’s compensation. An employee who receives compensation under the worker’s compensation insurance as provided by the City shall, for the period of time herein prescribed, receive only that portion of his or her regular salary which, together with such compensation, equals his or her regular salary. Such payments by the City shall not be deducted from the employee’s accumulated paid leave for the first sixty (60) calendar days on compensation. After the first sixty (60) calendar days on compensation, an amount equal to the difference paid by the City between an employee’s worker’s compensation and his or her regular salary shall be deducted from the employee’s accumulated paid leave. When the amount of the employee’s accumulated paid leave has been depleted the City shall no longer pay the difference between worker’s compensation and the employee’s salary. An employee shall continue to accrue and receive benefits so long as he or she has paid leave benefits available and deductions are being made from said benefits. When this period has lapsed, the employee shall be deemed to be on inactive status and shall not be eligible to accrue or receive benefits other than those stipulated in this article. If an employee is injured on the job and exhausts leave benefits, the City will continue to provide hospitalization insurance at City expense. Any employee covered by the Collective Bargaining Agreement may apply to the Police Chief for an extension of the sixty (60) calendar day period during which payments by the City shall not be deducted from the employee’s accumulated paid leave. The Chief shall review the circumstances presented and shall make a recommendation to the City Manager as to whether or not good cause has been shown for extending the above sixty (60) calendar day period and, if so, the appropriate duration for such an extension. The City Manager shall, taking into account the Chief’s recommendation and such other circumstances as he or she deems appropriate, make a final and binding decision as to whether or not the above sixty (60) calendar day period shall be extended, and if so, the appropriate duration of such extension. Requests for such extensions shall lie within the sole discretion of the Chief and the City Manager, and any determination by the City regarding such requests for extension shall be final and binding on all parties and shall not be subject to the grievance or arbitration provisions of the Collective Bargaining Agreement. Simultaneous payment with worker’s compensation shall not be paid for injuries received because of negligence on the part of the employee injured. In case of failure of an employee to report within twenty-four (24) hours any injury sustained by him or her, it shall be presumed that such injury resulted from his or her own negligence. All cases where negligence on the part of the employee injured is determined or presumed by the department head or City Manager may be appealed by such an employee to the Board of Appeals consisting of the Mayor Pro-Tem and the City Attorney, and their decision shall be final.