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4. The workers' compensation treating physician determines the employee's specific work restrictions. 5. If an authorized health care provider certifies the inability of an employee to perform work due to a work-related injury or illness, the employee must elect to use accrued sick leave (or vacation leave once all sick leave is exhausted) for the first seven (7) calendar days. On the eighth (8th) calendar day off work, the employee will revert to workers' compensation indemnity benefits for partial or total indemnity benefits under Florida Workers Compensation Law. Employees will be paid workers' compensation indemnity benefits for the first seven (7) calendar days only if they are disabled for more than twenty-one (21) calendar days (these days do not have to be consecutive calendar days). If no leave is available for use by the employee, the employee shall be placed on leave without pay and shall revert to any applicable workers' compensation benefits. 6. While the employee is absent from work due to work restrictions, the employee is eligible to receive workers' compensation indemnity benefits up to 66 2/3% of their average weekly wage, subject to a maximum as set forth under Florida Statute 440.12. Indemnity benefits will be based upon the employee's average weekly wage for the thirteen (13) week period immediately preceding the work-related injury or illness. 7. While receiving indemnity benefits, vacation and sick leave will still be accrued. Holiday pay is not available to an employee receiving total temporary indemnity benefits. Holiday pay may be available to an injured employee if the Holiday falls within the first seven (7) calendar days of the injury. 8. An employee will be allowed reasonable time, up to two (2) hours per week at the beginning or end of a work shift, to receive authorized medical treatment during regularly scheduled work hours for qualified job-related injuries or illnesses, provided that the employee is not receiving workers' compensation indemnity benefits for that time and if it does not unduly burden the operation of the department. All other appointments will require the use of accrued sick leave or be unpaid time off. 9. Workers' compensation may not be payable if the injury was occasioned primarily by the intoxication of the employee; by the influence of any drugs, barbiturates, or other stimulants not prescribed by a physician; or by the willful intention of the employee to injure or kill himself, herself, or another. 10. If injury is caused by the knowing refusal of the employee to use a safety appliance or observe a safety rule required by statute or lawfully adopted by the City, and brought to the employee's attention prior to the accident, or if injury is caused by the employee's refusal to use safety equipment provided by the City, workers' compensation indemnity benefits may be reduced by twenty-five percent (25%) Policy 703:2—Workers' Compensation Leve Page 2 of 4 101