137.10 HIGH RISK SICK LEAVE.

   (a)   Whenever a full-time fire employee during the lawful performance of assigned duties, including training, as a direct result of a “high risk” situation or circumstance, suffers injuries causing total disability for more than three full work days, “high risk” sick leave may be granted in lieu of regular sick leave beginning with the fourth work day taken for sick leave during such total disability, not to exceed ninety calendar days. If at the end of such ninety day period the employee is still totally disabled and unable to report for work, the “high risk” leave may, at the City’s sole discretion, be extended for additional ninety calendar day periods. “High risk” sick leave shall not be deducted from the employee’s accumulated sick leave account.

   (b)   “Total Disability” shall mean the physical inability of an employee to perform regularly assigned duties at the station and/or otherwise engage in any other gainful employment.

   (c)   In order to qualify for “high risk” sick leave, the following criteria shall be certified by the Chief of the Division and approved by the Safety Director and the Mayor:

      (1)   The injuries are the direct result of:

         A.   An accident occurring when lights and sirens are being used pursuant to Division rules and regulations;

         B.   Falling objects;

         C.   Smoke or gas inhalation poisoning;

         D.   Bodily burns;

         E.   Falls during attempted rescue; or

         F.   Falls as a result of weakened structures in buildings.

      (2)   The illness is the direct result of or is caused by performing in an emergency situation and results in contagious or infectious diseases classified pursuant to Ohio R.C. 3701.24(B) which are contracted or as a direct result of employment-related activities provided, however, the City retains the right to determine, through separate medical examination, whether or not said disease was employment related.

      (3)   The event herein described must be duly logged and a written report submitted to the Chief’s office during the shift in which it occurs, or as soon thereafter as practicable.

      (4)   Medical evidence has been provided within a reasonable period of time (no more than fourteen days) from the employee’s treating physician and/or the City physician establishing the cause, nature and extent of the injuries; the likelihood of the term of disability; and the medical probability of full recovery and eventual return to work.

      (5)   The City shall have the right at any time during the process to request medical verification of the employee’s injury from his doctor. In addition, the City shall have the right, at its expense, to send the employee to a doctor of its own choosing for medical verification. In the event there is a dispute between the employee’s physician and the City’s doctor, the parties agree to send the employee to a third, neutral doctor, whose decision regarding the process will be final.

         (Ord. 2004-202. Passed 12-21-04.)