Pursuant to O. R.C. §3319.143, an employee who is unable to work because of a physical disability, or for a psychological condition allowed in the corresponding workers' compensation claim, received in, or arising out of employment, whether during or outside of school hours and whether on or off school property, resulting from an assault, shall receive full scheduled compensation for the period of total disability, up to a maximum of two (2) years, less any amount received by the employee under the income continuity policy which is fully paid by the Board and less any compensation received by the employee under the Workers Compensation Act of Ohio. No payment shall be made or required for any period during which the employee elects to take sick leave. The employee shall not qualify for, nor accrue, assault leave except upon submission of an application on a form to be furnished by the Board of Education, justifying the granting of assault leave; and if the employee receives medical attention, the employee shall furnish a certificate/license from his/her licensed physician stating the nature of his/her disability and its expected duration. (See appendix for form.) Employees shall also be required to complete an Incident Report form within ten (10) days of the incident, or as soon thereafter as is possible, disclosing the nature, participants, witnesses, and location of the assault. In addition, an employee receiving assault leave must agree to provide written and/or verbal testimony to assist the Board and the administration as necessary to insure appropriate disciplinary action is taken against the attacker. Falsification of either a signed statement, assault leave form, or a physician’s certificate is grounds for disciplinary action up to and including termination. Payment of assault leave shall be at the regular rate of pay in effect for such employee at the time of such assault. Payment shall also include payment being made or contracted to be made under supplemental contracts during the school year in which the assault occurs. An employee who is on assault leave must apply for disability benefits under SERS/STRS as soon as the employee becomes eligible. Board payment for assault leave shall be discontinued as of the date of the SERS/STRS board decision as to whether the employee is eligible for disability benefits or is otherwise eligible for SERS/STRS benefits for age or for retirement. An employee who has not been granted SERS/STRS disability benefits will be expected to return to work or, if the employee presents appropriate medical documentation, may continue on an unpaid medical leave pursuant to the provisions of Section 35.017 of this Negotiated Agreement. In all other respects not covered by this section, the provisions of O.R.C. §3319.143 shall apply. The Board shall have the right to schedule periodic medical examinations at its expense, not to exceed one every 90 calendar days per of an assault leave, to confirm the continuing disability. If the medical examination differs from the bargaining unit member’s licensed medical physician’s medical opinion, the Board may require the employee to obtain a third medical examination from a medical-board-certified physician selected by both the bargaining unit member and Board at the Board’s expense. (In the event the parties cannot reach agreement on the physician selection, a referral will be sought by the bargaining unit member and Board through the Cleveland Clinic Foundation and/or University Hospital System for an in- network medical-board-certified physician who has not previously treated the bargaining unit member.) The opinion of the third health care provider is final. An employee who retires pursuant to this section shall have the right to be returned to assignment up to five years after retirement. Upon request, the retiree will be returned to assignment at the beginning of the subsequent school year provided that an appropriate physician’s statement is submitted to the Assistant Superintendent – Human Resources and Operations by May 1 of the preceding school year. No reduction will be made from the teacher’s assault leave, sick leave and/or retirement severance paid by the Board for sums awarded the teacher by the Workers Compensation Commission for a permanent disability.
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