§ 62-61. Duty disability leave.

An employee who sustains an injury, or incurs an illness which arises out of and in the course of employment by the city and which is compensable under the workers' compensation law of the state and who, in consequence thereof, is temporarily disabled and rendered unable to perform their normal duties of city employment, and there is no other duty available shall upon meeting the requirements of this section, receive duty disability leave in accordance with the following conditions:

(1)

Medical report and certification required. All requests for duty disability leave must be accompanied by a medical report from the city physician or the authorized medical representative which shall be on a form approved by the city which certifies that the employee is temporarily unable to perform his normal duties or other available duties and that the employee is therefore eligible for duty disability leave.

(2)

Approval by department head. A department head may approve or disapprove an employee's request for duty disability leave after an investigation to determine the validity of the request. The department head shall certify that:

a.

The injury or illness arose out of and in the course of employment by the city;

b.

The injury or illness was not willfully self-inflicted or the result of the employee's gross negligence or horseplay;

c.

That the employee's activity at the time and place of the injury or activity from which the illness arose was both authorized and proper and not in violation of any rules or regulations concerning safety, work methods, procedures or equipment for the job as required by the department or by the city generally.

The department head's action shall be subject to review by the human resources director who may approve or reverse the action.

(3)

Duties of certified employee. Any employee receiving duty disability leave shall report to the city physician, or the city-authorized representative, periodically at the times the city physician shall reasonably require. Failure of an employee to appear for a scheduled physician examination or any other prescribed treatment shall be grounds for immediate cancellation of such leave, unless the failure to appear is excused by the human resources director.

(4)

Duty disability leave benefits. An employee who is granted duty disability leave shall receive their regular salary based on the pay rate applicable at the time of injury or illness, exclusive of overtime, plus longevity pay if applicable, in lieu of all workers' compensation payments.

(5)

Credit for benefits paid. The net duty disability leave benefits paid to an employee under subsection (4) of this section who is on duty disability leave shall be deducted from any award of workers' compensation to the employee, whether for temporary or permanent disability, and shall apply as advance payments of compensation, as provided by F.S. § 440.20(11).

(6)

Commencement of benefits. Employees shall receive duty disability commencing the first day of lost time.

(7)

Duration of benefits. Duty disability leave shall be allowed for the duration of actual disability, up to a maximum of 90 calendar days. If an employee is unable to return to work at the end of 90 days, the employee's claim shall be reviewed by the city physician or a city-authorized representative. Recommendations shall be made to the mayor concerning additional 90-day periods up to a maximum of four total periods. The mayor shall review the recommendations to determine if benefits shall continue for the duration of the disability or that the benefits shall not be extended. Upon the expiration or termination of duty disability leave coverage the employee may request use of any accrued sick leave, subject to provisions of section 62-59.

(8)

Termination of duty disability leave. Duty disability leave benefits shall be terminated by any of the following events:

a.

Recovery certified by the city physician.

b.

Permanent disability certified by the city physician. Thereafter, the appropriate department head shall immediately submit a request for duty disability retirement to the appropriate board or approving authority. The employees shall thereupon use their accumulated sick leave until retirement is granted. In no case shall an employee receive more than one kind of salary continuation benefits for the same period of time whether duty disability leave, sick leave or duty retirement benefits (pension).

c.

Termination of employment whether by resignation, discharge or death of such employee.

d.

Employment of any form including self-employment.

e.

Employee's refusing employment with the city suitable to his capacity which is offered to or procured for him.

(9)

Annual leave and sick leave. Annual leave and sick leave shall accrue during all periods for which an employee is granted duty disability leave. No charge shall be made to an employee's annual or sick leave while he is receiving duty disability leave.

(10)

Use of paid leave. The general principal underlying the granting of duty disability leave benefits to an employee with a service-connected disability is that the total payments from the city shall not exceed the employee's regular gross pay, exclusive of overtime. Such leave is provided so that economic security will be available to an employee. Duty disability leave shall not be considered as a right which the employee may use at their discretion, but rather as a privilege which shall be allowed only in case of duty-connected disability and subject to the applicable provisions contained therein.

(11)

Computation. Duty disability leave time shall be computed and used in the same manner prescribed for annual leave.

(Code 1979, § 2-226)