Eligibility
Each FOP Unit 2 employees are eligible for 960 hours of OIL at the regular rate of pay per independent qualifying injury. A qualifying injury is defined as one that was received during the performance of law enforcement duties only. An injury occurring on duty which aggravates a previous injury will be considered an independent injury unless the aggravated injury occurs within six (6) months of the employee’s 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 activities (e.g., maintenance, activities of an administrative or clerical nature, during meal or rest breaks, or while performing 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 his/her physician of record (POR) indicating the extent of the disability, from the employee’s most recent exam, to receive continuing and necessary medical treatment, and to return to active work status at the earliest time permitted by the attending physician.
Time Frame
A qualifying Occupational Injury Leave shall be paid from the first day of absence, providing that the leave exceeds seven (7) calendar days. For occupational injuries resulting in absences of seven (7) or fewer calendar days, unused sick leave may be used. However, if an employee is immediately hospitalized and admitted overnight by a medical doctor due to a qualified on-duty injury, no loss of sick leave shall occur.
Application Process
Employees who believe they are eligible to apply for Occupational Injury Leave (OIL) may apply to their Division/Office designee within twenty (20) days of the incident giving rise to the injury unless physically unable to do so.
Coordination of Benefits
The Director of the Ohio 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 benefits shall be paid in lieu of Workers’ Compensation, Disability Benefits and/or 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 the employee has already received the benefits, then he/she must reimburse the State in the amount of the benefits received.
A Transitional Work Program is in effect and required for ODNR employees who are receiving occupational injury benefits. Approval is contingent upon the employee’s approval from his/her physician of record (POR). 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 receiving the OIL benefit 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 FOP contract. Upon return to work, time off will count as service credit for annual step increases and computing the amount of vacation leave earned. Personal leave, sick leave, seniority and service time shall be credited as the employee would have received if working. However, vacation time that would have been accrued while receiving benefits will not be restored.
The OIL application (ADM 4743) must be accompanied by the Attending Physician Statement (ADM 4721). The following is a list of additional forms which must be submitted simultaneously with the OIL application: ADM 4303(Workers’ Compensation Application), ADM 4310 – Page 1 & 2 (Employee’s Disability Application) and ADM 4310 – Page 3 & 4 (Physician’s Statement), Wage Advancement Agreement, and all necessary medical information.
The purpose for filing the Workers’ Compensation forms simultaneously is for the employee’s medical bills to be paid. The reason for the Disability Application is precautionary reasons (i.e., the OIL application would be denied), in case the employee needs to fall back on other avenues in order to receive benefit compensation.
The initial request may be approved for up to six (6) weeks. If the employee remains disabled beyond the initial six (6) weeks, then an extension request must be submitted within five (5) days of the approved ending date of the initial request. The 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 pursuant to 42 USC section 3796 Federal guidelines.
Dispute Resolution
When a medical question is at issue, the Department of Natural Resources shall obtain an independent medical opinion conducted by a physician designated by the Department and for the specialty for which the employee is receiving treatment, if practicable. The decision of the independent physician shall be binding.
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