Loading...
Ordinance 79-2173ABG/rr ORDINANCE NO. 79-2173 AN ORDINANCE AMENDING ORDINANCE NO. 1613, AS AMENDED, THE SAME BEING THE ANNUAL LEAVE ORDINANCE FOR UNCLASSIFIED EMPLOYEES, BY RETITLING ORDINANCE NO. 1613, AS AMENDED; REASSIGNING VARIOUS DUTIES RELATING TO SERVICE -CONNECTED INJURY BENEFITS; PROVIDING FOR A METHOD OF DETERMINING AN EMPLOYEE'S ENTITLEMENT TO WORKER'S COMPENSATION; RE- VISING THE ELIGIBILITY REQUIREMENTS FOR SERVICE -CONNECTED INJURY PAY AND PROVIDING FOR SUCH PAY TO BE NAMED "SUPPLEMENTAL INJURY PAY"; REPEALING ALL ORDINANCES IN CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: That the title of Ordinance No. 1613, as amended, of the City of Miami Beach, Florida reading as follows: "AN ORDINANCE PROVIDING FOR THE GRANTING AND THE COMPUTATION OF ANNUAL LEAVE FOR UNCLASSIFIED EMPLOYEES." be and the same is hereby amended to read as follows: "AN ORDINANCE REGULATING THE GRANTING OF ANNUAL LEAVE, SICK LEAVE AND OTHER LEAVE FOR UNCLASSI- FIED EMPLOYEES; THE CONDITIONS GOVERNING THE SAME; PROVIDING A METHOD FOR THE COMPUTATION THEREOF AND THE COMPENSATION PAYABLE THEREFOR; REGULATING WORKER'S COMPENSATION BENEFITS AND REGULATING SER- VICE -CONNECTED INJURY BENEFITS." SECTION 2: That Ordinance No. 1613, Section 2, paragraph 1(d) of the City of Miami Beach reading as follows: "(d) General: - Annual leave and sick leave shall be granted in hours on a pay period basis as specified by admini- strative regulations prepared in accordance with this ordinance. Leave shall be reduced propor- tionally by any part of the pay period that such employee was absent without compensation. Service time in determining number of hours to be granted shall include all time spent as an employee in the Classified or Unclassified Service regardless of status for which compensation has been paid and time while on approved military leave for service in the Armed Forces of the United States, provided, however, that in the event an employee is absent from his duties because of service -connected injury, for which workmen's compensation is payable, is certified by the City Physician to be physically able to return to his duties, and fails to do so, the period between such certification and the employee's actual return to his duties shall not be deemed to be service time within the meaning of this sub -paragraph." OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 be and the same is hereby amended to read as follows: "(d) General: - Annual leave and sick leave shall be granted in hours on a pay period basis as specified by admini- strative regulations prepared in accordance with this ordinance. Leave shall be reduced propor- tionally by any part of the pay period that such employee was absent without compensation. Service time in determining number of hours to be granted shall include all time spent as an employee in the Classified or Unclassified service regardless of status for which compensation has been paid and time while on approved military leave for service in the Armed Forces of the United States, provided, however, that in the event an employee, absent from his duties because of service -connected injury for which worker's compensation is payable, is certified by a City autho- rized treating or examining physician to be physically able to return to his duties, and fails to do so, the period between such certification and the employee's actual return to his duties shall not be deemed to be service time within the meaning of this sub -paragraph." SECTION 3: That Ordinance No. 1613, Section 2, paragraph 11 of the City of Miami Beach reading as follows: "11. Injury Service -Connected: An employee who is absent from duty because of injury which is the direct result of his City duties and which is so certified by the City Physician and the Insurance Supervisor and sub- ject to the approval of the City Manager, shall continue to receive pay during the period of such absence. Such pay may continue for a period of time not to exceed 13 weeks unless extended by the City Manager with the approval of the City Council. Pay during the period of such absence will be computed as follows: Employees who are entitled to pay because of injury service -connected will be paid an amount which is equal to the difference between their normal City pay and the amount of compensation payable under the provisions of the Workmen's Compensation Act. A normal day's pay shall be 1/10th of the bi-weekly rate of pay." be and the same is hereby amended to read as follows: "11. Worker's Compensation and Supplemental Injury Pay: (a) The City Manager or the City's Designated Agent for the administration of the Worker's Compensation Law of the State of Florida (hereinafter referred to as "City's Designated Agent") shall determine whether an employee is entitled to receive Worker's Compensation bene its in accordance with the Worker's Compensation Law of the State of Florida, rules and regulations promulgated thereunder, and such other applicable statutes and case law. Benefits shall be paid to an employee only after a determination of entitlement to benefits has been made. Such determination of the City Manager or City s Designated Agent is not intended to nor shall same abrogate an employee's rights under the laws governing Worker's Compensation in the State of Florida. -2- OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 (b) An employee who is absent from duty because of injury which is the direct result of his City duties and who has been determined to be entitled to Worker's Compensation benefits in accordance with the foregoing sub -paragraph (a) of this para- graph, upon certification of the City Physician and subject to the approval of the City Manager, shall be entitled to receive Supplemental Injury Pay. The initial period of entitlement shall commence with the first absence from duty as a result of the injury and shall continue during the period the employee remains absent from duty as a result of the injury, not to exceed sixteen (16) weeks. An employee may make application to the City Physician for extension of Supplemental Injury Pay for an additional sixteen (16) weeks beyond the initial period of entitlement and the City Physician, subject to the approval of the City Manager, may grant same, provided that no such extension may be granted if Worker's Compensation benefits have been terminated by the City Manager or City's Designated Agent. The maximum period of entitlement to Supplemental Injury Pay shall be thirty-two (32) weeks, after which an employee's sick leave and annual leave time may then be applied. Notwithstanding any provision in this sub -paragraph, Supplemental Injury Pay benefits shall cease upon the termination of Worker's Compensation benefits by the City Manager or the City's Designated Agent. Employees entitled to Supplemental Injury Pay shall be paid an amount which is equal to the difference between their normal City pay and the amount of compen- sation payable under the provisions of the Worker's Compensation Law of the State of Florida. A normal day's pay shall be 1/10th of the bi-weekly rate of pay." SECTION 4: All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 5: This ordinance shall go into effect upon its passage in accordance with law. Attest: PASSED and ADOPTED this 19th day of City Clerk 1st Reading - September 5, 1979 2nd Reading - September 19, 1979 September , 1979 yor Coded: Words underlined are amendments or additions to existing law. -3- OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139