67-5340. LEAVE OF ABSENCE WITH PAY IN LIEU OF WORKMEN’S COMPENSATION BENEFITS. (1) Whenever any employee of the state of Idaho who is categorized as a police officer for retirement purposes pursuant to section 59-1302A, Idaho Code, is physically disabled by a serious injury arising out of and in the course of his duties, and the injury is induced by a second party, he shall be entitled, regardless of his period of service with the department, to a leave of absence while so disabled without loss of salary or benefits for a period of not more than one (1) year. Any workmen’s compensation payments made to the employee shall revert back to the employee’s department. For the purposes of this section, "serious injury" means an injury which renders the police officer incapable of performing the regularly assigned duties of his regular employment position or office and "injury induced by a second party" means an injury induced by the negligent, malicious, or intentional act or omission of another person during a chargeable misdemeanor or felony.
(2) It shall be the duty of the director of the applicable department to determine whether or not the disability referred to in subsection (1) of this section arose out of and in the course of duty. The director of the applicable department shall also determine when such disability ceases.
(3) Payment of salary pursuant to this section shall not preclude the disabled police officer from receiving regular medical, surgical or hospital coverage as provided pursuant to section 67-5761, Idaho Code.
(4) If a police officer is disabled for more than one (1) year then the regular disability insurance provisions of the Idaho Code shall apply to any period of disability beyond the one (1) year period of disability covered by this section.
(5) The provisions of this section shall not apply to periods of disability which occur subsequent to termination of employment by resignation, retirement, or dismissal. When the provisions of this section do not apply, the employee shall be eligible for those benefits which would apply if this section had not been enacted.
History:
[67-5340, added 1988, ch. 376, sec. 1, p. 1109.]
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