Res 46-75 RESOLUTION NO. 46-75.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, PROVIDING FOR 90 DAYS FULL
SALARY FOR INJURIES ARISING OUT OF AND IN THE
COURSE OF EMPLOYMENT WHICH PRECLUDES A CITY EMPLOYEE
FROM PERFORMING HIS OR HER EMPLOYMENT RESPONSIBILITY
TO THE CITY OF DELRAY BEACH; THE ELIG£BILITY OF
EMPLOYEES FOR SUCH PAYMENTS TO BE SUBJECT TO THE
APPROVAL OF THE CITY MANAGER.
WHEREAS, the City Council of the City of Delray Beach, Florida, has
determined that job related injuries necessitating the absence of an
employee from work may cause a material hardship upon said employee; and,
WHEREAS, as an employee benefit, the City Council, subject to terms
and conditions set forth below, has decided upon the recommendation of
the City Administration that to alleviate this hardship~ a maximum of 90
days full salary to such employee may be provided during the period of
their disability,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. If an employee of the City of Delray Beach suffers a
disabling injury arising out of and in the course of employment, he or she
shall be entitled to a maximum of 90 days full salary provided that the
employee shall have applied to the City Manager for this benefit and the
City Manager has approved the same.
Section 2. That in no event shall an employee be entitled to this
benefit for a period extending beyond their period of disability.
Section 3. The disabled employee shall apply for workmen's compen-
sation coverage. As a condition of receiving the employee benefit set
forth in this Resolution, the employee shall turn over to the City of
Delray Beach all workmen's compensation benefits received by such employee
during the period that the employee is receiving his full salary from the
City of Delray Beach for the disabling injury. If the workmen's compensa-
tion benefits exceed the full salary of the employee, the excess may be
retained by the employee for his own use and benefit.
Section 4. In reviewing an emplOyee's application for disability
benefits, the City Manager shall be guided by all relative factors bearing
upon the existence of the injury and the necessity of the employee being
permitted to temporarily discontinue his employment activities. Among
other factors, the City Manager shall be guided by the relationship between
the cause of the injury and the employment activity of the employee, the
nature of the injury and the extent to which it impairs the ability of the
employee to perform his employment duties.
Section 5. The City Manager's approval or disapproval of an applica-
tion for disability benefits shall be given in writing. If an application
is disapproved, the reasons for the disapproval shall be stated specifically.
'If the application is approved, the City Manager shall set forth the initial
time period for which benefits are to be paid, it being the intention of
the City Council that in no event shall the total benefits for any one dis-
ability being compensated hereunder exceed a maximum of 90 days full
salary.
~ASSED AND ADOPTED in regular session on this the 22nd day of
September, 1975.