18-64 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 18-64
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING SECTION 4.04, "WORKERS' COMPENSATION" OF THE
TOWN'S PERSONNEL POLICIES AND REGULATIONS MANUAL BY ADDING
THERETO PROVISIONS RELATIVE TO SALARY CONTINUATION IN
CERTAIN INSTANCES; MAKING FINDINGS; PROVIDING REPEALING,
SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Town wishes to clarify for its employees that it will provide temporary
income benefits when an employee suffers a work-related injury; and
WHEREAS, the Town further desires to amend its Personnel Policies to address the
circumstances under which temporary income benefits will be available to Town employees.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully set
forth herein.
SECTION 2
From and after the effective date of this Ordinance, Section 4.04, "Workers'
Compensation," of the Town's Personnel Policies and Regulations Manual is hereby amended to
read as follows:
"SECTION 4.04: WORKERS' COMPENSATION
A. Coverage of Employees
The Town of Prosper complies with the Texas Labor Code in the provision of workers'
compensation insurance coverage for its employees. This program covers an injury or illness
sustained in the course of employment that requires medical treatment, subject to applicable legal
requirements and workers' compensation guidelines. Workers' compensation insurance
coverage begins immediately upon employment with the Town.
B. Salary Continuation while on Workers' Compensation Leave
Employees may be paid temporary income benefits (TIBs) if their work-related injury or illness
causes them to lose all or some of their wages for more than seven (7) days. Temporary Income
Benefits are equal to 70% of the difference between an employee's average weekly wage and
the wages they are able to earn after their work-related injury (i.e., if an employee was unable to
earn any wages, he/she would receive 70% of his/her average weekly wage).
The Town will offer salary continuation to eligible employees, who have an approved work-related
injury or illness covered by workers' compensation insurance, after they have missed more than
7 days of work. Eligible employees may receive salary continuation which will supplement the
employee's income up to their current rate of pay, excluding overtime. Employees who are eligible
for salary continuation will be required to endorse their workers' compensation checks payable to
the Town of Prosper for deposit by the Town. Salary continuation may be provided up to a
maximum of 180 calendar days from the date of eligibility.
Salary continuation will be suspended or initially denied if an employee fails to comply with Town
policies and procedures. Specific grounds for suspension or denial are:
If the employee fails to report an injury in compliance with the Town's policy
(Administrative Regulations, Section 6.03(6)(1)).
2. If the employee submits a workers' compensation claim that is denied by the
Town's workers' compensation carrier.
3. If the employee fails to comply with the directions of his/her treating physician.
4. If the employee engages in any kind of part-time, volunteer, or other outside work
while receiving salary continuation (Administrative Regulations, Section 2.07).
5. If the employee refuses to accept any modified or light duty work that is deemed
within the employee's capability in the opinion of the treating physician (Personnel
Policies, Section 4.05).
6. If the employee refuses to return to active duty after being released by his/her
treating physician.
7. If the employee refuses to provide the necessary information and communication
regarding the status of his/her workers' compensation injury.
S. If the employee suffers an injury due to his/her own violation of safety standards,
or the employee caused or exacerbated hazardous or dangerous situations
(Administrative Regulations, Section 6.03(6)(2)).
9. If the employee reaches maximum medical improvement (the point that the
employee's work related injury or illness has improved as much as it is going to
improve).
10. If the employee refuses a post -accident drug or alcohol test (Administrative
Regulations, Section 6.01(A)(2).
11. If the employee's workers' compensation payments are stopped.
12. If the employee is terminated.
13. If the employee is within his/her new hire probation period.
Ordinance 18 -64, Page 2
14. If the employee refuses to submit to any independent medical examination or
treatment required by the Town in accordance with workers' compensation laws
(Personnel Policies, Section 2.07(B)(2)).
15. If the employee chooses to go to a doctor that is not recommended by the Town.
Exceptions to these conditions may be considered by the Town Manager on a case-by-case
basis.
If the employee is denied, refused, or exhausts salary continuation while receiving workers'
compensation benefits, the employee is eligible to use sick leave, compensatory time, and
vacation leave in the amount necessary to make up the difference between workers'
compensation benefits and the employee's normal rate of pay.
Part-time and Temporary employees are not eligible for salary continuation benefits."
SECTION 3
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict. Any remaining portion of conflicting ordinances shall remain in full force
and effect.
SECTION 4
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason,
held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Ordinance. The Town of Prosper hereby
declares that it would have passed this Ordinance, and each section, subsection, clause or phrase
thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses,
and phrases be declared unconstitutional.
SECTION 5
111111
This og c , +l, come effective after its passage.
-°PASED ° APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROS91H,XAS N TIS{ fjE 28TH DAY OF AUGUST 28, 2018.
a ° �
R
a _ APPROVED:
r o o
�� 'Oeeea°aa 4�
Peo ,��,t Ray mit , Mayor
�seTEXAS �'�
l0,1$111t�
Ordinance 18 -64, Page 3
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance 18 -64, Page 4