Idaho State Statutes - Idaho Attorney Directory

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.

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