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B. Employees hired prior to the beginning of the first pay period after Union ratification <br /> and County approval of this Agreement shall receive 100%of the base rate of pay for <br /> all unused medical leave, up to a maximum of one hundred (100) days, upon <br /> retirement in accordance with existing retirement plans or death. <br /> 26.10 Disability leave with pay shall be provided by the Employer on the following basis: <br /> A. The disability resulted from an injury or an illness sustained directly in the <br /> performance of the employee's work, as provided in the State Workers' <br /> Compensation Act. <br /> B. If incapacitated for his or her regular position, the employee may be given other <br /> duties with the Fire Service for the period of recuperation,provided the employee's <br /> medical condition permits. Unwillingness to accept such an assignment as directed <br /> by the Director of Emergency Services will make the employee ineligible for <br /> disability leave during the time involved. <br /> C. A physician selected by the County may be used to determine the physical ability of <br /> the employee to continue on disability leave or to return to work. <br /> D. Except as may be modified by Article 26.11, if the disability leave is approved, the <br /> first seven (7) days of the leave will be charged to the employee's medical leave or <br /> the annual leave account. After the first seven(7)days,the employee will be entitled <br /> to normal Workers' Compensation only, unless the employee elects to supplement <br /> such Workers'Compensation benefits with any accrued medical or annual leave he <br /> or she may have. In no case shall the employee's total compensation from county <br /> pay and Workers' Compensation exceed his or her normal compensation. <br /> E. No new medical leave shall be accumulated during the period an employee is off the <br /> job due to injury. <br /> 46 <br />