§ 82-563. Salary continuation

(a) Generally. Unless otherwise prohibited by county policy, in addition to workers compensation payments, the county may provide salary continuation to eligible employees who are injured and disabled in the course and scope of their employment with the county. Salary continuation payments may be made to eligible county employees whose receipt of workers' compensation payments does not equal 70 percent of their gross pay. The amount of salary continuation payments cannot exceed the difference between the employee's workers' compensation payments and 70 percent of their gross pay. For example, if the employee's workers' compensation payment does not equal 70 percent of their gross pay, salary continuation can be paid in addition to their workers' compensation payment to equal but not exceed 70 percent of their gross pay.

(b) Eligible employees. Salary continuation is paid only to regular, full-time employees who have completed their probationary period and become disabled due to an injury or illness that arises out of the course and scope of their employment with the county. Temporary or part-time employees are not eligible to receive salary continuation payments. Probationary employees may have their probationary period extended for such period of absence from work due to a workers' compensation injury/illness. However, this extension is at the discretion of the elected official/department head. Law enforcement officials are covered from the initial date of employment, per section 82-553.

(c) Continuation payments. Salary continuation is an employee benefit, and not an employee right. In order to receive it, the employee must follow all guidelines outlined in this article. Salary continuation payments:

(1) Will be paid for a total of up to 13 weeks per injury, per a 12-month period, depending on the type of injury (see subsection (c)(2) of this section). However, in no event, shall salary continuation payments be continued after an employee's weekly workers' compensation payments have ceased;

(2) Are paid based upon guidelines set forth by the official disability guidelines. For example, for knee surgery, the normal recovery time under the official disability guidelines is two to three weeks, therefore salary continuation payments for knee surgery shall not exceed three weeks;

(3) Shall cease once an employee retires, dies, terminates employment, funding source ends, or the employee reaches maximum medical improvement, whichever comes first;

(4) Will terminate for category D employees when the funding source for his/her position terminates. If salary continuation is paid to category D employees, it will be paid for the stipulated time period or until their funding source has ended, whichever comes first;

(5) May be increased to reflect any salary increases caused by the adjustment to an approved county salary schedule made effective during such period, if the employee meets all criteria;

(6) Shall not be made beyond the scheduled, effective date if an employee, after having given/received notice of retirement, resignation, termination, reduction-in-force or discharge, is injured on the job, unless expressly approved by the commissioners court; and

(7) Will be paid to law enforcement officials until the employee has either returned to work or until the expiration of the term of office for the elected official for whom they work, whichever comes first. This benefit is administered in accordance with article 3, section 52E of the state constitution (see section 82-553) and all other applicable laws and statutes.

(d) Forfeiture. An employee shall forfeit all rights to any employee salary continuation payments to which he would otherwise have been entitled due to his injury or illness, if the employee:

(1) Engages in work, either part-time or full-time, for pay, or as a volunteer, or on behalf of himself or any other person, firm or corporation while receiving injured employee salary continuation payments;

(2) Resigns, is terminated, dies or the funding source ends;

(3) Falsifies or misrepresents his injured condition or physical capacity or disability as worse than it, in fact, is;

(4) Refuses to return to regular or modified duty when released to do so by the treating physician;

(5) Fails to provide documentation from a certified physician for all time lost from work, including intermittent periods of lost time;

(6) Fails to comply with the Texas Workers' Compensation Act pertaining to injured employees;

(7) Fails to comply with all reporting requirements;

(8) Fails to follow all required policies and procedures;

(9) Fails to submit to a required medical examination and treatment at the county's request and expense by a physician chosen or approved by the commissioners court; and

(10) Does not comply with or meet the guidelines outlined in section 82-554.

(e) Utilization of other types of leave. In instances where an employee is not eligible for, or has exhausted, all salary continuation prior to being able to return to work, the employee will receive all appropriate workers' compensation benefits and may elect (by completing and submitting auditor's election form) to utilize other leave as follows:

(1) Compensatory time in any amount not to exceed 40 hours per week while off work for a workers' compensation injury. Utilization of compensatory time cannot be counted against family and medical leave;

(2) Vacation leave in any amount not to exceed 40 hours per week while off work due to a workers' compensation injury; and

(3) Sick leave in an amount to supplement their workers' compensation to equal their gross pay received prior to injury.

(f) Leave of absence without pay. An employee who has used all his accrued sick leave, vacation leave and injured employee salary continuation plan benefits before returning to work may be granted a leave of absence without pay for a reasonable period upon recommendation of the employee's elected official/department head and approval by the commissioners court. If leave without pay is granted, it will not extend beyond the end of their funding sources.

(Ord. No. 2000-889, §§ 4.20—4.25, 5-2-2000)