§ 3.30.157. Injury leave.

A.

Eligibility. Any regular employee shall be eligible for injury leave who (1) is injured in the scope of employment and is unable to fully perform the duties of the employee's job classification, and (2) receives time loss benefits under the Alaska State Workers' Compensation Act as a result of that injury. The employee shall provide the municipality's worker's compensation third party administrator with all requested documentation.

B.

Period of eligibility. All injury leave, including light duty, expires one (1) calendar year from the date of the original injury. If an employee is unable to perform the duties of the employee's job classification with or without a "reasonable accommodation" for a qualifying disability under the Americans With Disabilities Act (ADA) within one (1) calendar year after the date of the original injury, the Director may terminate the employee. An employee shall not be eligible for injury leave or any light duty for any recurrences or exacerbation(s) of the original injury after the one (1) calendar year has elapsed, unless part of a "reasonable accommodation" for a qualifying disability as defined by the ADA.

C.

Light duty. An employee on injury leave who is unable to fully perform the duties of the employee's job classification may be required to perform modified or alternate duties if available and at the discretion of the Agency Head. The employee shall be capable and qualified to perform the assigned work. The employee shall be compensated at the employee's factored rate of pay. Employees may be assigned to work light duty in other departments of the municipality.

D.

Medical appointments. An employee on light duty who is working full time is encouraged to schedule doctor's appointments during off hours. If an employee is unable to schedule injury related medical appointments during non-work hours, the employee shall be released from work for no more than two hours per week, including travel time, for one year from the date of the original injury. The employee shall not be charged leave for those two hours per week. The employee shall return to work for the remainder of the shift following the medical appointment.

E.

Health and insurance benefits. An employee who is on injury leave and receiving Workers' Compensation time loss benefits shall maintain health and insurance benefits. The employee shall be responsible to pay the employee portion of the employee's elected benefits.

F.

Waiting period. An employee may elect to use the employee's paid leave or leave without pay to satisfy the three day waiting period requirements of the Alaska State Workers' Compensation Act.

(AO No. 79-195; AO No. 86-207(S-1); AO No. 94-117, § 30, 7-26-94; AO No. 2003-41, § 1, 1-1-03; AO No. 2011-61(S), § 15, 7-12-11, retro eff. 7-4-11)