DISABILITY COMPENSATION

SEA-MC tit. 4, ch. 4.44

in effect

Seattle Mun. Code § 4.44.010 Deductions from employee's earnings

4.44.010 - Deductions from employee's earnings The Director of Finance and Administrative Services is authorized and directed to deduct and pay from the earnings of any City employee, in accordance with RCW 41.04.030 and pursuant to written authorization therefor signed by such employee and filed with the Director of Finance and Administrative Services in accordance with RCW 41.04.020, such amounts for disability insurance premiums, other than retroactive premiums, to such insurance groups or companies as shall be specifically designated therein; provided, that no deduction or payment shall be made unless: A. Such insurance group or company shall provide authorization forms without expense to the City, which authorizations shall save the City harmless from any liability in connection with the making or failure to make any deduction or payment, and shall further specifically recognize that the City does not endorse the insurance group or company to which such payment is made and that such deduction and payment does not constitute sponsorship of the program; and B. As to insurance groups or companies providing such insurance on an individual basis or on a group basis for groups of less than 25 individuals, such insurance group or company, for reimbursement to the City of its costs in connection with such deductions and payment, shall pay to the City upon quarterly billings by the Director of Finance and Administrative Services, $.10 for each payroll deduction for each employee who has authorized as provided herein deduction and payment of disability insurance premiums to such insurance group or company. (Ord. 123361, § 101, 2010 [department head name change and style update]; Ord. 120794, § 67, 2002 [department head name change]; Ord. 116368, § 105, 1992 [department head name change]; Ord. 103015, § 1, 1974.)

Seattle Mun. Code § 4.44.020 City compensation additional to State Industrial Insurance and Medical Aid.

4.44.020 - City compensation additional to State Industrial Insurance and Medical Aid. A. Any City officer or employee otherwise entitled to sick leave and vacation benefits and for whom State Industrial Insurance and Medical Aid is provided, including temporary workers who qualify for sick leave and vacation pursuant to subsection 4.20.055.B, who shall be disabled in the discharge of his or her duties, and whose disablement results in absence from his or her regular duties, shall receive compensation, except as otherwise hereinafter provided, from the City in the amount his or her normal pay exceeds any state disability compensation to equal 80 percent of the employee's normal hourly rate of pay, not to exceed 261 regularly scheduled workdays counted from the first regularly scheduled workday on or after the fourth calendar day following the injury; provided, the disability sustained must qualify the employee for benefits under State Industrial Insurance and Medical Aid Acts. Such compensation shall be authorized by the Seattle Human Resources Director, or his or her designee, with the advice of such employee's department head, on request from the employee supported by satisfactory evidence of medical treatment of the illness or injury giving rise to such employee's claim for compensation under this chapter. Such employee shall continue to receive compensation at the rate provided for herein until such employee returns to full-time active duty or such employee exhausts his or her benefits hereunder, whichever occurs first. B. Whenever an employee is injured on the job and compelled to seek immediate medical treatment, the employee shall be compensated in full for the remaining part of the day of injury without effect to his or her sick leave or vacation account. Scheduled workdays falling within only the first three (3) calendar days following the day of injury shall be compensable through accrued sick leave. Any earned vacation may be used in a like manner after sick leave is exhausted, provided that, if neither accrued sick leave nor accrued vacation is available, the employee shall be placed on no pay status for these three (3) days; provided, further, that this shall constitute the only authorized use of sick leave or vacation by an employee whose disability claim is subsequently approved. If the period of disability equals or extends beyond fourteen (14) calendar days, then (1) any accrued sick leave or vacation leave utilized that results in absence from his or her regular duties (up to a maximum of eighty (80) percent of the employee's normal hourly rate of pay per day) shall be reinstated by Workers Compensation; or (2) if no sick leave or vacation leave was available to the employee at that time, then the employee shall thereafter be compensated for the three (3) calendar days at the eighty (80) percent compensation rate described in subsection A of this section. The days reimbursed or thereafter compensated shall then count toward the two hundred sixty-one (261) day maximum. C. An employee's department head may recommend to the Seattle Human Resources Director denial of the employee's claim for benefits under the State Industrial Insurance and Medical Aid Acts and under this chapter, and the Seattle Human Resources Director shall evaluate such recommendation and, if the Director concurs in such recommendation, request denial by the State Department of Labor and Industries of the employee's claim under said state acts. If the Seattle Human Resources Director requests such denial, the employee shall be continued on the payroll of his or her department receiving continuous pay at a rate to be determined by the Seattle Human Resources Director pursuant to applicable state law and City ordinances, until the State Department of Labor and Industries has reviewed and denied such claim. (Ord. 124567, § 72, 2014; Ord. 121771 § 13, 2005; Ord. 118703 § 1, 1997; Ord. 115771, § 1, 1991; Ord. 111756, § 1, 1984; Ord. 104878 § 1, 1975; Ord. 91144, § 1, 1962; Ord. 90881, § 1, 1962.)

Seattle Mun. Code § 4.44.030 Compensation for holidays and earned vacation.

4.44.030 - Compensation for holidays and earned vacation. Compensation for holidays and earned vacation falling within a period of absence due to such disability shall be at the normal rate of pay including any state disability benefit, but such days shall not be considered as regularly scheduled work days as applied to the time limitations set forth in Section 4.44.020, and disabled employees affected by the provisions of this chapter shall continue to accrue vacation and sick leave as though actively employed. (Ord. 104878, § 2, 1975; Ord. 90881, § 2, 1962.)

Seattle Mun. Code § 4.44.040 Employment of disabled person in other suitable duties

4.44.040 - Employment of disabled person in other suitable duties Any employee eligible for the benefits provided by this chapter whose disability prevents him from performing his regular duties but, in the judgment of his physician could perform duties of a less strenuous nature, shall be employed at his normal rate of pay in such other suitable duties as the department head shall direct, with the approval of such employee's physician, until the Seattle Human Resources Director requests closure of such employee's claim pursuant to this chapter or state law. (Ord. 124567, § 73, 2014; Ord. 104878, § 3, 1975; Ord. 90881, § 3, 1962.)

Seattle Mun. Code § 4.44.050 Authority to make rules and regulations

4.44.050 - Authority to make rules and regulations The Seattle Human Resources Director is authorized to make such rules and regulations as are necessary for the administration of the provisions of Sections 4.44.020, 4.44.030, and 4.44.040. (Ord. 124567, § 74, 2014; Ord. 104878, § 4, 1975; Ord. 90881, § 4, 1962.)

Seattle Mun. Code § 4.44.060 Industrial Insurance Fund established.

4.44.060 - Industrial Insurance Fund established. There is established in the City Treasury an Industrial Insurance Fund into which shall be paid all amounts charged to departments for workers' compensation for departmental employees, and for the administrative costs of the Citywide safety program and such other revenues as may be authorized by ordinance. From this Fund shall be paid all costs and expenses arising from self-insurance by the City for workers' compensation, and for the administrative costs of the Citywide safety program and such other expenditures as may be authorized by ordinance. (Ord. 125492, § 32, 2017; Ord. 120489, § 2, 2001; Ord. 117977, § 3, 1995; Ord. 116368, § 106, 1992; Ord. 101715, § 1, 1972.)

Seattle Mun. Code § 4.44.070 City's self-insurance program

4.44.070 - City's self-insurance program The Seattle Human Resources Director shall administer the City's self-insurance program for worker's compensation; establish rules and procedures for the administration of benefits; in consultation with the Director of Finance and Administrative Services adjust rates of contributions from the respective City departments to reflect their cost experience; contract for consulting services; and, through the Director of Finance and Administrative Services, contract for reinsurance and other services and similar items as may be required to administer such program. (Ord. 124567, § 75, 2014; Ord. 123361, § 102, 2010; Ord. 120794, § 68, 2002; Ord. 120181, § 79, 2000; Ord. 118397, § 68, 1996; Ord. 116368, § 107, 1992; Ord. 104878, § 5, 1975; Ord. 101715, § 3, 1972.)

Seattle Mun. Code § 4.44.080 Eligibility for continued benefits.

4.44.080 - Eligibility for continued benefits. To remain eligible for the City's supplemental benefits, an employee must be eligible for benefits under Title 51, Revised Code of Washington, and must comply with all Department of Labor and Industries rules and regulations and related City of Seattle and employing unit policies and procedures, including: A. Be responsive to attempts to schedule, and attend: 1. All medical appointments, treatments, and meetings related to vocational rehabilitation; and 2. Any work hardening, conditioning, or other treatment arranged by the City and authorized by the attending physician. B. Accept modified or alternative duty assigned by his or her supervisor when released to perform it by the attending physician. C. Attend all meetings scheduled by The City of Seattle Workers' Compensation Unit or the employing unit concerning the employee's status or claim; provided, that the City or the employing unit provides at least five (5) working days' advance notice of such meeting and provided, further, that the meeting date and time do not conflict with scheduled medical treatment. The employee shall provide at least twenty-four (24) hours' notice of his or her inability to attend a scheduled meeting with the Workers' Compensation Unit or the employing unit because the meeting time conflicts with medical treatment. D. Workers' Compensation supplemental benefits will be terminated for an employee who fails to attend two (2) meetings or medical appointments as described in this section. The Workers' Compensation Unit will provide a minimum of seven (7) days' notification to the employee prior to terminating benefits. (Ord. 118703 § 2, 1997.)

Source: City of Seattle, Seattle Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/wa/seattle/codes/municipal_code?nodeId=TIT4PE_CH4.44DICOFetched: 11/1/2026