§ 114-424. Disability leave.

(a)

This section shall apply to both the classified and unclassified service of the city. Any employee who is covered by the state workers' compensation act and who suffers an on-the-job injury which is compensable under O.C.G.A. tit. 34, ch. 9 (O.C.G.A. § 34-9-1 et seq.), the state workers' compensation act, may receive salary in lieu of workers' compensation during the period of disability as set forth in this section.

(b)

Receipt of salary during such disability leave shall be subject to the following conditions:

(1)

No compensation in the form of disability leave shall be allowed for the first three working days of incapacity resulting from an injury; however, if an employee is incapacitated for 28 consecutive days following an injury, disability leave shall be paid for such first three working days of incapacity.

(2)

When an employee is injured in the line of duty, the department head shall file a report of the injury using form WC1 of the state board of workers' compensation, which must be received by the department of finance within 48 hours of the injury and which must be supplemented, if necessary, to advise fully of the injury and all related circumstances.

(3)

A physician selected by the employee from the panel of physicians posted by the city under the provisions of the state workers' compensation act must be used to determine the extent of such employee's injury, the physical impairment of the employee resulting from the injury, the disability of such employee, the physical ability of such employee to continue to perform the duties of such employee's position or perform the duties of other positions and the physical ability of such employee to return to such employee's position after recovery from the injury.

(4)

Should the employee's physical condition, as determined by the medical evaluation described in this subsection, warrant, such employee may be assigned by such employee's department head to the duties of other positions during the period of recuperation from injury or to any position citywide by the commissioner of human resources, should no appropriate position be available within such employee's department.

(5)

Disability leave with full salary shall not exceed 90 calendar days from the date of injury, unless the authorized physician shall certify that such employee is unable to perform any duties during the period of recuperation from injury. In such case, the department of finance may extend the period of disability leave with full salary in increments of not more than 90 calendar days to a maximum period not to exceed six months from the date of such injury. The employee shall provide a doctor's certification of inability to perform duties every 30 days to continue to receive injury-on-the-job compensation. Thereafter, should the employee be physically unable to work as determined by the authorized physician, such employee shall be allowed to utilize all accrued sick and annual leave or be paid the rate provided by the state workers' compensation act. The payment of full salary as sick or annual leave shall be considered payment of full salary in lieu of workers' compensation income benefits provided by the state workers' compensation act. Holidays which occur during the employee's absence on disability leave shall not be accrued for use upon return to work.

(6)

A temporary employee who is disabled in the line of duty shall not receive disability leave but shall be paid in accordance with the state workers' compensation act.

(7)

Payments of salary made to an employee on disability leave shall be subject to subrogation rights by the city in those instances where payments of salary shall be made to the employee as a result of the act of a third party and if such employee should obtain a recovery from the third party. Any and all information necessary in order to effect such subrogation rights shall be furnished to the department of finance by the head of the department in which the employee was working at the time of the injury, and the employee shall be subject to dismissal from employment for refusing to cooperate in effecting the subrogation rights of the city.

(c)

The commissioner of human resources is authorized to identify appropriate jobs which may be filled by those officers or employees subject to 1981 Ga. Laws, page 3569 and for purposes of O.C.G.A. tit. 34, ch. 9 (O.C.G.A. § 34-9-1 et seq.), the workers' compensation act. Such job assignments shall be known as "modified duty."

(d)

All city employees who are not covered by the city's pension plan shall be paid only the compensation required by the state workers' compensation act (O.C.G.A. § 34-9-1 et seq.).

(e)

For the purposes of this section, a sworn officer of the department of police shall be deemed to be injured in line of duty upon the occurrence of any of the following:

(1)

The officer sustains an injury while on duty performing such officer's normal functions

(2)

The officer sustains an injury while in the course of employment with another employer, within the boundaries of the city, pursuant to a valid permit approved by the department of police, and while taking appropriate and necessary action for the protection of the public.

(3)

The officer sustains an injury while off duty performing a duty that is authorized by the rules and regulations of the department of police and which is appropriate and necessary for the protection of the public.

(Ord. No. 2007-22(06-O-2700), § 1, 3-27-07)