The School Board of Miami-Dade County
Bylaws & Policies
Unless a specific policy has been amended and the date the policy was revised is noted at the bottom of that policy, the Bylaws and Policies of the Miami-Dade County Public Schools were adopted on May 11, 2011 and were in effect beginning July 1, 2011.
 

6430 - ILLNESS OR INJURY IN LINE-OF-DUTY --INSTRUCTIONAL AND NONINSTRUCTIONAL

Any School Board employee shall be entitled to Illness or Injury In Line-of-Duty Leave when absent because of a personal injury received in the discharge of duty or because of illness from any contagious or infectious disease contracted in Board work. Illness or Injury In-Line-of-Duty for employees represented by a collective bargaining agent will be defined in the collective bargaining agreement.

Duration of Leave and Compensation

 A.A medical evaluation conducted by a physician approved by the Office of Risk and Benefits Management is the determining factor as to when the employee is able to return to duty. If the physician indicates that the employee is not able to assume regular duties, but is able to return to a less strenuous work assignment, the employee may be directly appointed to the Workers' Education and Rehabilitation Compensation Program (W.E.R.C.) or to a job commensurate with their medical and educational capabilities. Placement will be based upon the employee's medical condition as well as job placement availabilities. If offered, the employee must accept a work assignment in the W.E.R.C. Program. Refusal to accept such an assignment may result in the discontinuance of statutory workers' compensation benefits as well as Board-provided benefits. All W.E.R.C. Program participants shall receive the same salary improvements as all other participants for the same bargaining unit in which the W.E.R.C. Program participant is placed.

 B.If authorized, payment for sick leave granted for Illness-In-Line-of-Duty Leave Board benefits shall be combined with the employee's workers' compensation temporary total disability (TTD) benefits to keep an injured employee in a pre-injury, full salary status, while eligible for temporary total disability benefits, pursuant to F.S. 440, for a term not to exceed thirteen (13) weeks following the date of injury. If an injured employee continues to be eligible for temporary total disability (TTD) benefits, pursuant to F.S. 440, beyond the thirteen (13) weeks, TTD benefits will be paid and the employee may use his/her accrued sick time, if any, to supplement TTD benefits, not to exceed pre-injury earnings. If the employee does not have any accrued sick time, s/he will be eligible to be paid for leave without pay to supplement TTD benefits, not to exceed pre-injury earnings. Any accrued sick days used to supplement TTD benefits, or leave without pay benefits, will be eligible for reimbursement or payment for up to six months from date of injury, upon approval by the Superintendent.

 C.To promote hiring of employees into full time positions who have had on-the-job-injuries or illnesses, compensable pursuant to the provisions of F.S. 440, and who cannot return to the pre-injury positions, a program entitled Placement Contribution may be utilized by work locations. This program allows work locations with open, authorized positions to hire employees who have been receiving workers compensation benefits while sharing the cost of such employment including salary, FICA/retirement and fringes. During the first year of employment, the Boards self-insured workers compensation budget will provide two-thirds of the total funding necessary to subsidize the position's cost, with the work location paying the remaining one-third. In the second year of employment, the Board's workers' compensation budget will provide one-third (1/3) of the total funding necessary to subsidize the position's cost, with the work location paying the remaining two-thirds (2/3). During any subsequent years of employment, the work location will be responsible for funding the position.

Compensation

Payment for sick leave granted for Injury In-Line-of-Duty shall be computed at the daily sick leave rate less the daily Workers' Compensation rate, for each sick leave day granted.

Filing of Claim for Compensation

Any Board employee who has any claim for compensation while absent because of illness contracted or injury incurred in-line-of-duty shall file such claim in the manner prescribed in F.S. 1012.61(2)(b).

Payment of such claims will be authorized if the claim correctly states the facts and that the claimant is entitled to payment according to F.S. 1012.61.

Filing of Claim for Illness or Injury In-Line-of-Duty Leave

A claim for illness or injury-in-line-of-futy Leave must be filed within one (1) year following the date of accident.

F.S. 1012.22(2), 1012.61, 1012.63

Revised 6/17/15

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