31 Section 5. On-the-Job Injury Leave On the job accidents, whether or not the accident results in an injury must be reported immediately. After an on the job accident, the employee must notify their supervisor and file or assist with the filing of all appropriate reports with the insurance carrier and City as soon as they are able in writing or within 10 days after the injury. Injured employees who do not require hospitalization, but need medical treatment, shall be referred to a doctor or medical provider designated by the City in accordance with applicable law (hereinafter referred to as the "designated medical provider"). In the case where an injury arising out of and in the course of employment requires that the employee remain off work during a healing period, the employee may be eligible for Worker's Compensation temporary disability payments for the time lost. The employee may use Sick Leave to "bridge" the waiting period until Worker's Compensation temporary disability payments commence. If an employee does not have sufficient Sick Leave hours to bridge the waiting period, the employee may choose to use Vacation Leave or Banked Hours benefits to bridge the waiting period. At the time Worker's Compensation temporary disability payments commence, City-paid Sick Leave or other City paid leave will terminate. There shall be no "pyramiding" or compounding of payments for the lost time. When Worker's Compensation payments begin, the City will be reimbursed for the paid leave time used during the "bridge" period and the employee's accrued leave hours will be reinstated. Family and Medical Leave Act (FMLA) leave will run concurrently with On-the-Job Injury Leave. Health and life insurance benefits may continue for up to six (6) months provided the employee pays his/her portion of the health insurance premiums. If the employee fails to pay their portion of the premiums, the employee will be offered COBRA before the six (6) month period has expired and the City will no longer contribute to the employee's health insurance coverage. After the six (6) month period, the City will discontinue health and life insurance benefits and the employee may elect to take COBRA. The welfare and full recovery of the employee is the first priority after an on-the-job injury. The designated medical provider must advise the employee and the City in writing if and when the employee may return to work. Reports will include any restrictions that may require less than fulltime hours and/or modified duty. The City and the employee both benefit when the employee is able to return to work. When possible, the City will provide reasonable accommodations or modified duty work for an injured employee. The availability, nature, extent and length of time for modified duty or accommodations will be determined on a case-by-case basis by the City. The employee will not be allowed to return to full duty until the designated medical provider has determined that the employee has been authorized to return to full time employment as the employee had reached maximum medical improvement and reports that finding to the City in writing. The injured employee's pre-injury position will be reserved for up to six (6) months unless a decision, supported by competent medical opinion, is made by the employee, the City's Workers' Compensation provider, or an authorized decision maker (such as an Administrative Law Judge) that the employee is unlikely to be able to return to work within six (6) months of the injury. The City Administrator has discretion to reserve the position for longer than six (6) months, but there is no requirement to do so. Rights and obligations of both the City and the employee under the American's with Disabilities Act are identified in Chapter I, Section 1in this Manual and will be considered in appropriate cases. Notwithstanding the foregoing, if an employee's compensation under the Workers' Compensation Act is reduced by fifty percent (50%) for any reason identified in C.R.S.§8-42-112 (including the employee's willful failure to use safety devices provided by the City, the employee's willful failure to obey the City's reasonable safety rules and/or the employee's willful misleading of the City regarding the employee's physical ability to perform the job), or if such employee's non-medical benefits are reduced by fifty percent (50%) for any reason identified under C.R.S. §8-42-112.5 (due
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