Ordinance 79-2174ABG/rr
ORDINANCE NO. 79-2174
AN ORDINANCE AMENDING ORDINANCE NO. 1335,
AS AMENDED, THE SAME BEING THE ANNUAL
LEAVE ORDINANCE FOR CLASSIFIED EMPLOYEES,
BY RETITLING ORDINANCE NO. 1335, 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. 1335, as amended, of
the City of Miami Beach, Florida reading as follows:
"AN ORDINANCE REGULATING THE GRANTING OF ANNUAL
LEAVE FOR CLASSIFIED EMPLOYEES; THE CONDITIONS
GOVERNING THE SAME; PROVIDING A METHOD FOR THE
COMPUTATION THEREOF, AND THE COMPENSATION PAY-
ABLE THEREFOR."
be and the same is hereby amended to read as follows:
"AN ORDINANCE REGULATING THE GRANTING OF ANNUAL
LEAVE, SICK LEAVE AND OTHER LEAVES; THE CONDI-
TIONS GOVERNING THE SAME; PROVIDING A METHOD FOR
THE COMPUTATION THEREOF, AND THE COMPENSATION
PAYABLE THEREFOR; REGULATING WORKER'S COMPENSATION
BENEFITS AND REGULATING SERVICE -CONNECTED INJURY
BENEFITS."
SECTION 2: That Ordinance No. 1335, Section 1, 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. 1335, Section 1, paragraph 13 of
the City of Miami Beach reading as follows:
"13. Injury Service Connected: -
An employee with Probationary or Regular status 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 Supervisor
of the Insurance and Safety Division and subject 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:
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
•s
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"13. 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
benefits 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.
(b) An employee with Probationary or Regular status
who is absent from duty because of iniury 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 paragraph, 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. Not-
withstanding any provision in this sub -paragraph, Supple-
mental Injury Pay benefits shall cease upon the termi-
nation 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 compensation 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.
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
• • •.
•
SECTION 5: This ordinance shall go into effect upon its passage
in accordance with law.
PASSED and ADOPTED this 19thday of September , 1979.
Attest:
1st Reading - September 5, 1979
2nd Reading - September 19, 1979
Mayor
Coded: Words underlined are amendments or additions to existing law.
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
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