R2022-173 Resolution Authorizing Collective Bargaining Agreement for Pay and Benefits - AFSCME Council 31 and Local 268 General Service Employees

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ARTICLE 16 JOB-RELATED ILLNESS INJURY OR DISABILITY Section 1.The City shall provide worker's compensation in accordance with State law for all employees in the classified service. Section 2.An employee who becomes ill, injured or disabled shall report to his supervisor such fact as soon as possible. Section 3. In the case of injury, illness or disability arising out of and in the course of employment with the City,the City will pay the difference between such employee's regular salary or wage and any payments received by the employee from a public employee pension fund or under the provisions of worker's compensation or occupational disease laws,or either or both,for the duration of such disability, or a period of six calendar months from the date of commencement of disability, whichever is the shorter period of time. Deductions shall be made from the employ- ee's accumulated sick leave credit equivalent to the number of days or portion thereof for which no payments to the employee are made or required under the provisions of public employee pen- sion laws or worker's compensation or occupational disease laws, and for which the City must compensate the employee under the provisions hereof, for the first 30 calendar days of the dura- tion of such disability. Alternatively, an employee may elect not to receive the difference between such pension or other statutory benefits and such employee's regular salary or wage for the 30 days of the duration of such injury, in which case no deductions from accumulated sick leave credit shall be made. During an employee's probationary period, and only during such period, should such employee suffer an on-the-job illness, injury, or disability and have no accumulated sick leave credit, such probationary employee shall be charged with sick leave days if needed under the provisions hereof, and any negative balance of accumulated sick leave days thus cre- ated will be carried forward until normal monthly accrual of sick leave days erases such negative balance. The determination of whether such injury, illness or disability arose out of and in the course of employment under this provision shall be the same as that made on the worker's com- pensation or occupational disease claim of said employee. When such injury, illness or disability was caused under circumstances creating legal liability or damages on the part of some person or entity other than the City, then if action is brought by the employee and judgment is obtained and paid,or settlement is made either with or without suit,then from the amount received by such employee the City shall be reimbursed for any and all amounts paid hereunder. Out of any such reimbursement, the City shall pay its pro rata share of all costs and reasonably necessary ex- penses in connection with such recovery. If the employee does not bring action against such third party,then the City may in the same manner as is provided for recovery of worker's compensation payments bring action either in its name or the employee's name for such reimbursement. If any other benefit or payment is made or required to be made by the City to such employee, such shall be credited to the City against the payment of wage or salary provided by this Section. ARTICLE 17 UNIFORMS AND PROTECTIVE CLOTHING Section 1. The City may require employees in the classified service to wear uniforms, protective clothing, protective devices or similar things not adaptable to general wear, as a con- dition of employment. The Union may submit suggestions to the City regarding such uniforms. Employees will be furnished such clothing or devices by the City. Although items such as boots, gloves and the like may vary depending upon the nature, location and circumstances of the work 24