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.
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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
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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