3.3.pdf

SHERIFF’S POLICY MANUAL 3.3 INJURIES AND DISABILITY: When employees are injured, the primary concern is for their health and welfare. A review of the circumstances surrounding the injury is essential if BSO is to promote employee safety by identifyin...

SHERIFF’S POLICY MANUAL 3.3 INJURIES AND DISABILITY: When employees are injured, the primary concern is for their health and welfare. A review of the circumstances surrounding the injury is essential if BSO is to promote employee safety by identifying unsafe practices and conditions. Employees will adhere to the policies and procedures contained in this section unless otherwise specified by applicable bargaining unit agreements. 3.3.1 Definitions: A. Accident: Unexpected or undesirable event occurring unintentionally. B. COBRA (Consolidated Omnibus Budget Reconciliation Act of 1985): Continuation of current group health plans to terminated, retired, or full-time reduced to uncovered part-time employees and their dependents at employees and/or dependents' expense. For other provisions, contact Employee Benefits. C. Covered Claim: Valid Workers' Compensation claim approved by USIS, Inc. D. Disability: Disabled state or condition which permanently or temporarily limits or handicaps persons from doing their daily work routines. E. Eligible Employees: Employees normally on the BSO payroll (part-time employee, full-time employee, temporary part-time employee, etc.). F. Exposure: Direct contact with body fluids on open cuts, breaks in the skin, or mucous membranes such as the mouth or eyes. G. Non-Paid Employees: Any position not normally on BSO payroll (volunteers, Explorers, etc.). These positions are covered for medical expenses only. H. Off-Duty Injury: Disability, illness, or injury sustained while employees are off duty or occurring outside the scope of their employment. I. On-Duty Injury: Covered illness or accident occurring during employment resulting in a physical wound, distress, disability, infection, or death by accident. 3.3.2 Workers' Compensation Procedure: Specific rules for handling Worker’s Compensation cases are pursuant to the Sheriff’s Policy Manual, individual Reviewed: 03/01/2021 Revised: 06/30/2021 Rescinds: 10/04/2012 Effective: 07/23/2021 3.3 Page 1 of 11  SHERIFF’S POLICY MANUAL Collective Bargaining Agreements and Florida Statutes. Basic guidelines are as follows: A. Employees will receive full pay during the first 60 working days they are out of work. B. If an employee's lost time reaches 60 continuous working days and approval from BSO's disability insurance carrier is given, BSO's disability carrier will: 1. Begin to supplement the Workers' Compensation payments. These payments will not exceed 95% of the employee's gross salary. Note: Employees having automobile accidents where seat belts were not worn may receive a 25% reduction in their benefits. 2. Continue payments for a maximum of 12 months after the 60 continuous working days have passed, totaling a maximum of 15 months of payments. C. At the onset of the employee's absence, the employee's home division will submit a separate payroll worksheet for the injured employee. D. It is the responsibility of the employee's home division to notify Risk Management/Workers’ Compensation Section within 24 hours of the incident (via approved form) of: 1. Employee's commencing date of absence from work 2. Employee's return to full or part-time work 3. Amount of time lost due to treatment, doctor visits, etc. 4. All injuries (employees and residents) resulting in death E. BSO and/or the disability insurance carrier reserve the right to have eligible employees on disability periodically evaluated by a carrier-approved physician other than the Workers' Compensation physician on the case. F. The disability program includes a rehabilitation clause which may be approved to let employees return to work on a partial disability basis. Reviewed: 03/01/2021 Revised: 06/30/2021 Rescinds: 10/04/2012 Effective: 07/23/2021 3.3 Page 2 of 11  SHERIFF’S POLICY MANUAL G. Employees able to return to work within the 15-month period, but not to the position which they performed before the disabling injury, may be offered temporary reassignment status. Temporary reassignment status will not be granted for more than 60 working days unless the Sheriff or designee grants an extension. H. Supplemental disability programs (partial or full time) will not continue beyond a 12-month period which, in connection with the BSO full-pay policy, gives a continuous disability payment of 15 months. I. During the 15-month period, the following BSO-paid benefits remain in force: 1. Health insurance 2. Life insurance 3. Dental insurance 4. Disability insurance if applicable Note: Employees will be required to pay their portion of the health, dental, life, and disability insurance payments currently deducted from their paychecks. Failure to make these payments will result in employees losing their coverage for health, dental, life, or disability insurance benefits. J. The Florida Retirement System (FRS) grants credible service for periods when employees receive temporary Workers' Compensation payments, providing they return to work for 30 days in a regularly established position. The 30-day period must be verified to FRS by BSO if BSO has not reported the employee out on Workers' Compensation on the monthly payroll reports. K. Employees able to return to work before the 15-month period's end will do so without loss of rank and seniority. L. When an accident, injury, or possible exposure to an infectious disease occurs, affected employees will comply with the following procedures: 1. Employees will report to their supervisor any accident, injury, or possible exposure to an infectious disease within 24 hours of the occurrence. Reviewed: 03/01/2021 Revised: 06/30/2021 Rescinds: 10/04/2012 Effective: 07/23/2021 3.3 Page 3 of 11  SHERIFF’S POLICY MANUAL 2. The Notice of Injury or Illness Form (DWC-1) must be completed and submitted to Risk Management/Workers’ Compensation Section within 24 hours of the incident. The supervisor calls the BSO dedicated accident reporting line with USIS, Inc. 1-877-5-SHERIF. 3. If employees are unable to complete the First Report of Injury or Illness Form due to the seriousness of the injury, illness, or exposure, their supervisor will complete the form. The completed form must be sent to Risk Management/Workers’ Compensation Section within 24 hours of the incident. 4. If employees require follow-up treatment, they must contact USIS, Inc. to obtain an appointment with an approved physician. Visits to an unauthorized physician may not be covered by Workers' Compensation. 5. If employees receive medical bills related to a covered claim, the medical bills must be sent to USIS, Inc. 6. Employees will notify their home division and Risk Management/Workers’ Compensation Section of any follow-up treatment received. 7. Employees will submit a doctor's note to their home division for any time missed relating to their Workers' Compensation injury. M. If an accident, injury, or possible exposure to an infectious disease occurs, the employee's home division will: 1. Review the completed First Notice of Injury or Illness and have it signed by the employee's supervisor. 2. Complete a Supervisor's Injury Report form at the time of the employee's initial absence from work. 3. Complete a Supervisor's Injury Report should a returning employee become absent due to a prior Workers' Compensation claim. This report must be submitted at the onset of the employee's absence and at the time of the employee's return to work. 4. Attach a doctor's note for all submitted Supervisor's Injury Reports. Reviewed: 03/01/2021 Revised: 06/30/2021 Rescinds: 10/04/2012 Effective: 07/23/2021 3.3 Page 4 of 11  SHERIFF’S POLICY MANUAL 5. Send all completed reports and documentation to Risk Management/ Workers’ Compensation Section within 24 hours of the incident. 6. At the onset of the injury, submit a separate payroll worksheet for the employee until notification is given from Risk Management/Workers’ Compensation Section that the employee should be removed from the component's payroll worksheets. 7. Complete an Exposure Incident Report (BSO AP#24) at the time the employee is exposed to an infectious disease. N. Risk Management/Workers’ Compensation Section will implement the following Workers' Compensation procedure: 1. During newly hired employees' orientation, a Risk Management/Workers’ Compensation Section representative will: a. Advise attending employees of their rights under Workers' Compensation and proper reporting procedures to follow. b. Distribute an information sheet to each attending employee to read and sign. Information sheets will be retained in the employee's Benefits File. 2. Risk Management/Workers’ Compensation Section will review all forms for completeness and accuracy. 3. Risk Management/Workers’ Compensation Section will send original forms to USIS, Inc. 4. If employees are out 60 working days for the same injury, they will be removed from the BSO payroll and placed on full Workers' Compensation. 5. Attorney correspondence will be filed in the applicable employee's file at Risk Management/Workers’ Compensation Section. O. If employees are off the BSO payroll due to an injury, the following will occur: Reviewed: 03/01/2021 Revised: 06/30/2021 Rescinds: 10/04/2012 Effective: 07/23/2021 3.3 Page 5 of 11  SHERIFF’S POLICY MANUAL 1. After employees are absent for 60 working days, a notice will be sent by Risk Management/Workers’ Compensation Section to their home division and a copy to Finance/Accounting. The notice will instruct the home division to remove them from the payroll worksheets. 2. Risk Management/Workers’ Compensation Section will send an updated Workers' Compensation list to Finance/Accounting for the removal and addition of affected employees on each pay period. The list will include the following information: a. Employee's name b. Employee's home department c. Date of injury P. If notified an employee is out on disability or Workers' Compensation, Finance/Accounting will: 1. Check the payroll against the Risk Management/Workers’ Compensation Section Workers' Compensation List and verify: a. Employees reportedly on Worker's Compensation are on the list. b. Names on the list are properly posted on the payroll worksheet. 2. Notify Risk Management/Workers’ Compensation Section, via telephone and memo that the employee is on Workers' Compensation List and not on the payroll worksheet. 3. Compare the employee's payroll worksheet with the time posted against the Risk Management/Workers’ Compensation Section Workers' Compensation List. If the affected employee does not appear on the Employee Benefit's Out on Workers' Compensation List, Finance/ Accounting will: a. Notify the employee's home division of the discrepancy via telephone and memo. Reviewed: 03/01/2021 Revised: 06/30/2021 Rescinds: 10/04/2012 Effective: 07/23/2021 3.3 Page 6 of 11  SHERIFF’S POLICY MANUAL b. Inform the employee's home division that the time will be changed to sick time on the payroll worksheet until Risk Management/ Workers’ Compensation Section authorizes a change in status. c. Send notification of the discrepancy to Risk Management/Workers’ Compensation Section Q. Employees unable to work due to a work-related injury or illness will be required to follow all functional limitations, restrictions, and course of medical treatment as directed by their Workers' Compensation physician. R. Employee Benefits will make all adjustments to FRS payments for those employees on Workers' Compensation who enter into a non-pay status (in accordance with FRS). S. Employees not eligible to receive supplemental disability payments may use their sick or other paid leave to supplement the Workers' Compensation payments up to 100% of their regular base pay. 3.3.3 Off-Duty Injuries: A. Employees injured off duty may be covered by provisions of their individual health care insurance plan. B. Employees may receive medical care from any authorized physician, hospital, or medical facility as specified by the employee's health care plan. C. Employees missing work due to an off-duty injury will contact their immediate supervisor or command as soon as possible and continue to provide updated information on their work status. D. Employees eligible for Family Medical Leave should complete a FMLA application and submit it to Employee Benefits. E. Employees missing a scheduled workday may be required to provide a doctor's authorization before returning to work. F. Employees must use accumulated annual leave, holiday leave, compensatory time or sick time, during their disability period. Reviewed: 03/01/2021 Revised: 06/30/2021 Rescinds: 10/04/2012 Effective: 07/23/2021 3.3 Page 7 of 11  SHERIFF’S POLICY MANUAL G. Sick Leave Pool members may request time per the Sick Leave Pool's policies and procedures. H. Non-probationary full-time employees with a serious health condition who are physically unable to work for an extended period of time will be permitted to maintain an employee/employer relationship for: 1. A maximum of six months after exhausting all accruals. 2. A maximum of 90 days after reaching permanent restrictions or maximum medical improvement (MMI). I. After exhausting all accruals inclusive of sick leave pool and donated leave, the employee will be allowed to maintain an employee/employer relationship for six months. J. Employee Benefits will forward documentation to the EEO Director provided by a medical physician indicating permanent restrictions. The EEO Director will assist the employee with an accommodation if possible or other job placement within BSO based on the employee's skill, knowledge, physical restrictions, and job availability. K. Employees who are eligible for disability retirement or regular retirement through FRS or other city pension plan should contact Employee Benefits or the Florida Retirement System to discuss retirement options. L. Employee Benefits will provide the Human Resources Director with names of employees who are medically unable to work after reaching the applicable time period. M. The Human Resources Director will contact the employee's immediate supervisor or command and coordinate the separation paperwork and the collection of all BSO-issued equipment. 3.3.4 Light-Duty Assignment Due to Injury or Illness: A. Employees who are temporarily unable to perform the essential functions of their position due to a medical condition or injury may be temporarily re-assigned to a Reviewed: 03/01/2021 Revised: 06/30/2021 Rescinds: 10/04/2012 Effective: 07/23/2021 3.3 Page 8 of 11  SHERIFF’S POLICY MANUAL light-duty assignment for which they can perform the essential job functions. Any such light-duty assignment will be at the direction of and in the sole discretion of the Sheriff or designee. B. Nothing contained within this policy will create any contractual term or condition of employment whatsoever or is binding on the Sheriff. C. Provisions contained within this policy will not be construed in a manner inconsistent with applicable bargaining unit agreements. D. No decisions made concerning a light-duty assignment will be cause for any appeal by an employee under BSO's policies and procedures. E. A decision whether to grant a light-duty assignment as well as the duration and nature of any light-duty assignment will be determined pursuant to the following provisions: 1. Employees will not be placed on light-duty assignments for more than 60- working days in any continuous 24-month period except in exceptional circumstances as determined at the Sheriff’s sole discretion. 2. To be eligible for light-duty assignments and at the sole discretion of the Sheriff or designee, employees must be qualified to perform the essential functions of the position to which they may be temporarily assigned. 3. Employees working in a light-duty assignment will not: a. Participate in any training or personal activities aggravating their injury or condition b. Participate in proficiency training requiring physical exertion c. Operate any BSO vehicle without written approval from the Sheriff or designee d. Participate in any special details e. Participate in any outside employment which would violate their physical restrictions and aggravate their injury or condition Reviewed: 03/01/2021 Revised: 06/30/2021 Rescinds: 10/04/2012 Effective: 07/23/2021 3.3 Page 9 of 11  SHERIFF’S POLICY MANUAL F. Employees seeking light-duty assignments must first provide a Return to Work Authorization Form (BSO A#92) completed by their physician, documenting the need for light duty and detailing the essential job functions the employee seeking light-duty can safely perform. The Sheriff may at the Sheriff's sole discretion, request a second opinion by a medical care provider of the Sheriff's choosing. The second opinion will be binding regarding all issues relating to a light-duty assignment. G. Employees refusing a light-duty assignment will forfeit their sick leave and disability benefits which they may have otherwise been entitled. H. Employees on light duty will return to their regular positions immediately upon regaining the ability to perform the essential functions of their regular position, as determined by their medical care provider and/or care provider selected by the Sheriff, if any. I. Employees will report to their assigned work location with the proper Return to Work Authorization Form to obtain a full duty release before returning to their regular position. J. Supervisors will not schedule employees for a regular tour of duty without receipt of the Full Duty Release Form given by Employee Benefits. K. It is the supervisor's responsibility to determine if proficiency or qualification training may be required before an employee on light duty returns to full duty. This concerns weapons qualifications and other items which may be a potential liability or training problem. L. Employees on light-duty assignments who have exhausted the allowable 60 days may use any other leave available to them through the Sheriff’s Policy Manual. 3.3.5 Uniform Crime Report - Officer Assaulted/ Killed Record: A. Deputies who are victims of a battery while in the performance of their duty will complete the blue Uniform Crime Report's Officer Assaulted/Killed Record. This form is completed for all Battery on Law Enforcement Officer's cases. Reviewed: 03/01/2021 Revised: 06/30/2021 Rescinds: 10/04/2012 Effective: 07/23/2021 3.3 Page 10 of 11  SHERIFF’S POLICY MANUAL B. The deputy's supervisor will complete the form if the deputy is incapacitated and cannot complete the form. C. Completed forms will be submitted with applicable Event Reports by the deputy or deputy's supervisor if the deputy is unable to do so. Reviewed: 03/01/2021 Revised: 06/30/2021 Rescinds: 10/04/2012 Effective: 07/23/2021 3.3 Page 11 of 11