§ 3-118. SALARIES WHILE ABSENT DUE TO INJURY IN LINE OF DUTY.

(a)

Every employee having permanent or probationary status in the classified service, and every employee serving in a permanent position in the unclassified service, who suffers an injury in the course and scope of city employment, shall receive a percentage of full wages or salary from the city, during the period of absence from duty on account of such injury and until employment with the city is terminated or the individual is retired for disability or service under Articles 3 or 5 of this chapter; provided, that such employee shall pay over to the city an amount equal to such payments as shall be received from the city or its agent for temporary disability for the period of absence from duty; and provided further, that the wage and salary payments authorized by this section shall not be paid for absences on account of any one injury which exceed in the aggregate a period of one year. The term "full wages or salary" as used in this subsection, means wages or salary calculated, (1) at the rate of pay, exclusive of any addition for overtime or holiday work, at which the employee was being compensated immediately prior to the commencement of any absence from duty on account of the injury for which payments are authorized by this subsection or (2) if immediately prior to the commencement of any such absence the employee was serving under provisional appointment pursuant to Section 3-258 or under temporary assignment pursuant to Section 3-260, at the rate of pay the employee had been receiving immediately prior to such appointment or assignment; provided, that the employee shall receive normal step increases and salary adjustments during any absence pursuant to this section.

(b)

When an employee's injury is incurred as a result of his failure to properly utilize safety equipment supplied by the city, such employee shall not be entitled to the benefits of this section during the first thirty days of absence from duty on account of such injury; provided, however, that this section shall not apply if the Chief Administrative Officer finds that the employee was performing, at the time of the accident, an emergency duty of such urgency that he could not reasonably have been expected to properly utilize the safety equipment in the proper performance of such duty.

(c)

The percentage of full wages or salary from the city set forth in subsection (a) for designated positions, classes of positions, or employee groups shall be established by the Council, in a salary resolution, approved memorandum of understanding, or other action establishing rates of pay for city employees. Employees whose salary compensation while industrially disabled is determined by Labor Code Section 4850 are excluded and not eligible to receive benefits as provided in subsection (a) for injuries occurring on or after January 1, 2010.

(Added Ord. 5988, 1961, based on former Section 2-1505; Am. Ord. 68-168, 1968; Am. Ord. 70-64, 1970; Am. Ord. 83-112, § 1, eff. 9-16-83; Am. Ord. 85-124, § 1, eff. 9-27-85; Am. Ord. 91-44, §§ 1, 2, eff. 5-3-91; Am. Ord. 2010-44, § 1, eff. 11-16-10).