FOP Unit 2

Occupational Injury Leave Guidelines

The Director of the Department of Natural Resources or his/her designee shall have the authority to approve or disapprove requests for Occupational Injury Leave (OIL). Requests for OIL shall not be unreasonably denied.

Occupational Injury Leave (OIL) benefits shall be in lieu of Workers’ Compensation, Disability Benefits and any other Employer leave.

An employee is prohibited from receipt of benefits if the employee engages in any similar or similarly demanding occupation for wages or profit. If such an employee has already received the benefits, then he/she must reimburse the State in the amount of the benefits received.

A transitional return to work program is required for employees who are receiving occupational injury leave benefits, contingent upon physician approval. Participation in this program is mandatory. Failure to participate shall result in the denial and/or discontinuation of occupational injury leave benefits and may violate the employer’s work rules.

An employee on OIL shall be exempt from the accumulation of vacation leave credit and sick leave credit as set forth in Sections 37.02 and 40.02 of the contract. Upon return, seniority and service time shall be credited.

Injuries incurred while on duty shall entitle an employee to coverage under this Article. An injury on duty which aggravates a previous injury will be considered an independent injury unless the aggravated injury occurs within six (6) months of return to work from the last date of OIL coverage. OIL is not available for injuries incurred during those times when an employee was engaged in non-law enforcement maintenance activities, activities of an administrative, or clerical nature, when an employee is on a meal or rest break, or when an employee is engaged in any personal business unless the injury is the result of unprovoked aggressive acts or unforeseen mechanical or vehicular accidents beyond the control of the employee. Aggressive acts may include unprovoked physical injury inflicted by clients, residents, inmates ,public citizens, and/or animals. Necessary restraint will not be regarded as provocation. Unforeseen mechanical or vehicular accident injury must occur in the course of law enforcement intervention or pursuit.

The employee shall be obligated to submit documentation from the attending physician indicating current extent of the disability, to receive continuing necessary medical treatment and to return to active work status at the earliest time permitted by the attending physician.

Employees who think they are eligible for OIL may apply to their Agency Designee within ten (10) days of the disabling injury unless physically unable to do so. Information provided by the employee shall include the employee application and the attending physician report (attached). The initial request may be approved for up to six (6) weeks.

Should the employee remain disabled beyond the initial six (6) weeks then an extension request must be submitted within five (5) days of the last approval date. Information provided by the employee shall include the employee extension request and supplemental physician’s statement (attached). Each subsequent extension request may be granted up to thirty (30) days. Total amount of benefits shall not exceed nine hundred and sixty (960) hours unless the employee is declared permanently and totally disabled as the direct result of a catastrophic personal injury sustained in the line of duty; whereby, the employee would be entitled up to an additional nine hundred and sixty (960) hours.

Where a medical question is at issue, the Employer shall obtain a independent medical opinion conducted by a physician designated by the Employer and for the specialty for which the employee is receiving treatment, if practicable. The decision of the independent physician shall be binding.

The employee may be subject to disciplinary action for violation(s) of these