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HomeMy WebLinkAboutD-1703-04 Worker's CompensationSponsor: Councilor Kirby ORDINANCE NO. D-1703-04 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, AMENDING CHAPTER 2, ARTICLE 3, DIVISION SECTION 2-52 OF THE CARMEL CITY CODE WHEREAS, the City of Carmel provides worker's compensation insurance for all City employees; and WItEREAS, an employee who is offwork due to a compensable illness or injury receives a worker's compensation benefit that represents only 66-2/3% of his or her normal salary; and WHEREAS, the City does not want its employees to be financially penalized for illnesses or injuries that arise out of and in the course of employment. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, as follows: Section 1. The foregoing Recitals are fully incorporated herein by this reference. Section 2. Chapter 2, Article 3, Division II, Section 2-52 of the Carmel City Code is hereby amended to read as follows: "Sec. 2-52 Worker's Compensation. All City of Cannel employees are covered by the provisions of the state's worker's compensation laws. For a full-time employee who must be offwork more than seven (7) calendar days but fewer than forty-three (43) calendar day~ due to a compensable illness or injury, the City will pay the difference between the employee's gross weekly worker's compensation benefit and his or her normal gross weekly wages from the City. Benefits will be paid bi-weekly. Supplemental payments will continue after 42 calendar days only if approved on a case-by-case basis by the Board of Public Works and Safety. All payments shall cease when the employee returns to full-time work, when the worker's compensation carder offers settlement for a permanent partial impairment or a permanent total disability or when the employment relationship with the City is terminated by either party. All applicable taxes shall be withheld from each supplemental check issued by the City. The employee may elect to continue or discontinue voluntary payroll deductions for the duration of the leave. However, employee insurance premiums must be made on or before the due date, regardless of how payment is made, in order for coverage to be continuous. Garnishments, child support and other court- ordered payments shall be deducted to the extent that funds are available. It is the employee's responsibility to make all court-ordered payments that cannot be deducted in full fi:om the employee's supplemental check. Worker's compensation benefits are not paid for the first seven (7) calendar days ("week") of a leave unless the leave extends beyond twenty-one (21) days. If worker's compensation benefits are paid for the first week and the employee was already paid by the City for that same time period, the employee shall sign over the worker's compensation benefit check for that week to the City, or reimburse an equivalent amount to the City. When the City receives payment fi:om the employee, all paid time off used by the employee during the first week of leave shall be credited back to the employee. If the employee fails to reimburse the City as required herein, the City reserves the right to recover through payroll deduction the amount of the worker's compensation benefit paid for the first week of leave. An employee receiving worker's compensation income replacement benefits shall be deemed on paid leave for purposes of accruing vacation and sick leave." Section 3. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed as of the effective date of this Ordinance. Section 4. If any portion of this Ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance so long as enforcement of same can be given the same effect. Section 5. This Ordinance shall be in full rome and effect fi:om and after its passage and signing by the Mayor. PASSED by the Common Council of the City of Carmel, Indiana this I c/ day of ~ 2004, by a vote of (O ayes and O nays. COMMON COUNCIL FOR TIlE CITY OF CARMEL ~~Tempore Kevin Kirby Brian D. Mayo ATTEST:  - k easuret ~)iana L. Cordray, ~ Presented bx me to the Mayor of the City of Carmel, Indiana this .. Diana L. C~rdray, IAMC, C~5~-Treasurer Approved by me, Mayor of the City of Carmel, Indiana, this~day °f \'It' f?/f 2004, at ff~nes Brainard, Mayor- t ATTEST: a, ~i~C ,~~C1 Treasurer Diana L. Cordr y, A~V~, Prepared by: Barbara A. Lamb Director of Human Resources