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Orange County Personnel Rules and Regulations Manual Effective Date: 7/1/ 2008 C._./ <br />Orange County Personnel Ordinance, Article IX - <br />Separation. <br />b. Certification Required. Prior to returning to work, a Physician's <br />Certification will be required to determine an employee's fitness to <br />return to work. <br />c. Refusal of Suitable Employment - If an employee who has been <br />on workers' compensation leave, has reached maximum medical <br />improvement and is released by the treating physician to return to <br />work and refuses suitable employment in keeping with the <br />employee's capacity, the County shall request stop payment of the <br />workers' compensation benefits and implement dismissal <br />procedures. <br />7. Retaliatory Employment Discrimination Act (REDA) GS 95-240 et. seq. - <br />No employee shall be discriminated or retaliated against because the <br />employee in good faith filed or threaten to file a workers' compensation <br />claim. <br />B. Use of Leave Time by Employee on Worker Compensation Leave <br />1. Leave on the Day of Injury - No leave shall be charged to the injured <br />employee on the day of the injury if the treating physician instructs the <br />employee not to return to work in either permanent duty or restricted duty. <br />The employee will be required to present a written statement, upon <br />request, to the Department Director or supervisor from the treating <br />physician indicating that the employee is not to return to work in either a <br />permanent or restricted duty capacity. <br />2. Additional Leave - If additional leave time is required, after the seven (7) <br />day waiting period required by G.S. 97-27, the employee must go on <br />workers' compensation leave and receive the workers' compensation <br />weekly benefit. <br />a. An employee may choose one of the waiting period options listed <br />below: Once an election is made it may not be rescinded during <br />the duration of the claim: <br />i. Option 1: Elect to take compensatory, sick or vacation leave <br />during the required waiting period and then go on workers' <br />compensation leave and begin drawing weekly benefits. <br />ii. Option 2: Elect to go on workers' compensation leave with <br />no pay for the required waiting period and then begin drawing <br />weekly benefits. <br />Issue Date: July 1, 2008 Page 5 <br />