§ 2-167. Supplemental compensation during a period of temporary total disability and alternative employment.

(a)

Any current employee of the city who is unable to perform his duties due to an occupational injury or disease and who is drawing temporary total disability benefits as provided by the Virginia Workers' Compensation Act shall be eligible to receive supplemental compensation during the two-year period immediately following the date of injury by accident or diagnosis of disease. Such supplemental compensation shall be calculated as the difference between his pre-injury or pre-diagnosis net rate of pay, at the date of his disability, and the workers' compensation indemnity benefit. The maximum number of hours for which such supplemental compensation may be paid is one thousand forty (1040) hours.

(b)

The supplement provided for by this section shall be coordinated with any hours worked in the city's alternative employment program. Any employee who is assigned a light duty job under the alternative employment program due to a condition that would otherwise entitle him to indemnity benefits under the Virginia Workers' Compensation Act within the two-year period immediately following the date of injury or diagnosis of disease may receive his pre-injury or pre-diagnosis net rate of pay for up to two thousand eighty (2080) hours of the alternative employment. The supplementation to net rate of pay provided by subsection (a) and (b) shall not exceed a combined total of two thousand eighty (2080) hours. The "net rate of pay" is defined as "gross pay, less federal tax, social security tax and state income tax deductions, calculated on an hourly basis."

(c)

If an employee is eligible for and receiving workers' compensation indemnity benefits, he may not supplement the benefit with any accrued paid leave unless otherwise mandated by state law. No supplemental compensation provided by this section shall be paid for any period beyond two (2) years from the date of the injury by accident or diagnosis of disease.

(d)

In the event an employee shall resign, abandon or be discharged from his employment, the compensation fixed by this section shall cease from and after such date, and thereafter the employee shall receive only such compensation as is prescribed by the Virginia Workers' Compensation Act.

(Ord. No. 14, § 3; Ord. No. 1760, § 1; Code 1961, § 2-79; Ord. No. 2534-79; Ord. No. 2839-81; Ord. No. 5512-00, § 1; Ord. No. 6510-08)

Editor's note— Ord. No. 6510-08, adopted June 24, 2008, changed the title of section 2-167 from "Supplemental compensation during a portion of temporary total disability" to "Supplemental compensation during a period of temporary total disability and alternative employment."

(Ord. No. 14, § 3; Ord. No. 1760, § 1; Code 1961, § 2-79; Ord. No. 2534-79; Ord. No. 2839-81; Ord. No. 5512-00, § 1; Ord. No. 6510-08)

Editor's note

Ord. No. 6510-08, adopted June 24, 2008, changed the title of section 2-167 from "Supplemental compensation during a portion of temporary total disability" to "Supplemental compensation during a period of temporary total disability and alternative employment."