Ordinance No. 5,350890914 -7
ORDINANCE NO. 5350
AN ORDINANCE AMENDING CHAPTER 8, "ABSENCE" OF THE CITY
OF BAYTOWN PERSONNEL RULES BY AMENDING SECTION 10,
°INJURY ON THE JOB "; PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE AND
EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Section 10 of Chapter 8 of the Personnel
Rules of the City of Baytown is hereby amended to read as
follows:
Section 10: Injury on the job.
In order to maintain better cost control and the
need for temporary labor in cases of work related
illnesses and injuries, the City has developed the
following Worker's Compensation policy. Employees that
have completed probation are eligible for supplemental
injury pay. Employees are eligible for worker's
compensation pay as provided for in the Texas Worker's
Compensation Law.
An employee injured in the line of duty shall
receive worker's compensation and injury leave benefits
under terms and conditions prescribed in the applicable
programs. Worker's compensation benefits may be
supplemented by the City, under the provisions
specified below to ensure that a disabled employee
receives full salary for 40 working days or 8 weeks,
per injury, provided employees covered by Chapter 143
of the Local Government Code may receive supplemental
benefits up to one year.
I. Worker's Compensation Pay
A. All City of Baytown employees who lose work
time due to an on -the -job injury or work
related illness, will be paid Worker's
Compensation in an amount set by the State of
Texas Industrial Accident Board.
B. These payments will commence on the eighth
calendar day an employee is off and will
continue until the employee either returns to
work, or makes a settlement with the City of
Baytown's insurance carrier.
C. The first seven calendar days off work will not
be paid for by Worker's Compensation until the
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employee is off work for more than 28 calendar
days. Checks for the second week will commence
at approximately the third week after the
injury /illness was reported.
D. When Worker's Compensation is paid to an
employee, and the City has paid the employee in
supplemental pay over the scheduled amounts,
the overage will be deducted from the net
amount of the employee's regular payroll
check(s).
II. Worker's Compensation Sunplemental Pay
A. Full time employees may be eligible for
supplemental injury pay commencing with their
first day of absence due to an on- the -job
compensable injury or work related illness.
B. Employees eligible for supplemental pay will be
paid per the schedule below until they return
to light or regular duty.
Length of Service Benefit Payment
up to 1 year W/C payment only
> 1 year but < 5 years 75% of gross pay
5 years and up 100% of gross pay
(The above percentages include payment by
Worker's Compensation, i.e., w/c + supplemental
- 75% of gross.)
C. Pay will be supplemented for a maximum of 40
working days per year. Worker's Compensation
payments will continue as stated in the Texas
Worker's Compensation Manual.
D. Civil Service employees may receive
supplemental pay for up to a one year period
paid in accordance with the Civil Service
Statutes.
E. No supplemental pay will be given to employees
released for light duty. Employees refusing
light duty may use sick time if available, or
if not, time missed will be lost time.
F. Employees may be released from employment
through medical separation for inability to
perform the duties of the position. If an
employee is terminated for any reason,
supplemental pay will be stopped.
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G. Employees must submit complete and accurate
information regarding job injuries, illnesses,
disabilities, causes of such, medical care and
treatment to their immediate supervisor.
H. To receive supplemental pay, an employee must
report an injury to his /her immediate
supervisor (on site or on call) on:
1. Weekday - must
inju
2. Weekend - must
next
3. Nights - must
next
report the day of the
ry.
report the injury by the
regular work day
report the injury by the
work day
I. The recommendations regarding care and
treatment of the injury /illness by the medical
service supplied by the City of Baytown or
selected by the individual must be followed.
If medical service is selected by the employee,
the employee must provide for communication of
the disability, injury, illness, medical care
and treatment between his or her selected
service, the safety office and the City's
physician. Failure to follow doctor's orders
or the City's request for communication may
result in termination.
J. The amount of communication required is
established by each department supervisor and
the Safety Coordinator at the outset of the
absence relating to an on- the -job
injury /illness. The communication must be
maintained by the employee with the City during
the period of the disability or supplemental
pay may be stopped.
K. The employee must make himself or herself
available for in- organizational or home
consultation with the City of Baytown during
the period of disability when requested to do
SO.
L. The employee will submit to such physical
examination that the City deems necessary. The
City physician will evaluate and make
recommendations to the City regarding progress,
return to work dates, or extended leave
situations requiring medical separation.
M. No employee on light duty will work overtime.
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N. Disagreement between doctors opinions will be
settled by the method established by the City
of Baytown Human Resources Director as agent of
the City of Baytown. Such decisions may be
appealed to the City Manager by either party
according to the rules established in Chapter
10, Section 9, contingent upon the above
mentioned procedures. Failure to abide by the
above criteria may result in the forfeiture of
supplemental benefits and result in
disciplinary action including termination.
Section 2: All ordinances or parts of ordinances
inconsistent with the terms of this ordinance are hereby
repealed; provided however, that such repeal shall be only to the
extent of such inconsistency and in all other respects this
ordinance shall be cumulative of other ordinances regulating and
governing the subject matter covered by this ordinance.
Section 3: If any provisions, section, exception,
subsection, paragraph, sentence, clause or phrase of this
ordinance or the application of same to any person or set of
circumstances, shall for any reason be held unconstitutional,
void or invalid, such invalidity shall not affect the validity of
the remaining provisions of this ordinance or their application
to other persons or sets of circumstances and to this end all
provisions of this ordinance are declared to be severable.
Section 4: This ordinance shall take effect immediately
from and after its passage by the City Council of the City of
Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown, this the 14th day of
September, 1989.
,zr�
METT 0. HUTTO, Mayor
ATTEST:
FILEEN P. HALL, Cit Clerk
NDALL B. STRONG, City At rney
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