(a) A full-time or part-time employee of the Municipality who suffers from an incapacitating physical or mental condition preventing the employee's performance of an essential job function, and who has exhausted all accrued sick leave and vacation leave, shall be eligible to apply for disability leave. Disability leave shall be unpaid leave. In the case of employees who are covered by the Municipality's health insurance policy at the time of their application for disability leave, the Municipality shall continue to make the insurance payments to maintain the employee's coverage for a period of up to three months following the month in which the employee last was in active pay status. This insurance continuation is subject to the conditions set forth below.
(b) In order to apply for disability leave, an employee must complete the Municipality's "Disability Leave Application Form" and submit it to the Administrator. To complete the form, the employee must attach a letter or statement signed by the employee's physician indicating the nature of the incapacitating condition, and estimating the time when the employee will be able to return to work and perform all the essential functions of his or her position. The employee must also sign a release authorizing their physician to disclose to the Municipality any information from the physician regarding the employee's medical condition.
(c) Based upon the employee's expected date of return to work, the employee will be eligible to apply for either short-term or long-term disability leave. If the employee is not expected to return within one year from the date when the employee is no longer in active pay status, he or she also may seek disability retirement from the appropriate retirement system.
(d) Employees shall not be eligible for or granted "light duty". In order to return to work following a period of disability, an employee must be capable of performing all of the essential functions of his or her job. Job restructuring may be possible, however, where alternate methods of performing the essential functions of the job exist.
(1) Short-term disability leave. In the event that the employee will be able to return to work and perform the essential job functions of their job position within one year, the employee shall be eligible for "short-term disability leave."
In the case of employees who are covered by the Municipality's health insurance policy at the time of their application for short-term disability leave, the Municipality will loan up to three months of continued health insurance coverage. The employee is obligated to repay the Municipality for fifty percent (50%) of its expenses incurred as a result of this loan after the employee returns to work. Repayment may be made in incremental payments, in accordance with terms established by the Administration.
(2) Long term disability leave. In the event that the employee's physician estimates that the employee will be able to return to work and perform the essential job functions of their job position no sooner than one year, the employee shall be eligible to apply for "long term disability leave."
In the case of employees who are covered by the Municipality's health insurance policy at the time of their application for long-term disability leave, the Municipality will loan up to three months of continued health insurance coverage only if the employee first has applied to PERS or PFDPF, whichever retirement system applies, for disability retirement. If the employee receives a long-term disability retirement from PERS or PFDPF, the employee is obligated to repay the Municipality for its expenses incurred as a result of this loan.
(e) Disability Retirement. In the event that an employee has exhausted all of his or her accrued sick leave and vacation leave and the employee's physician anticipates that the employee will not be able to return to work for a period in excess of one year, the employee shall apply to PERS or PFDPF, whichever retirement system applies, seeking a disability retirement.
(f) Disqualification. An employee who is on disability leave may lose that status and be subject to disciplinary sanctions in the event that the employee has engaged in any falsification or dishonesty involving the employee's incapacitated status, disability leave application, or physician's documents. Employees who are on disability leave may not engage in employment with another employer involving work having essential job functions of a type similar to those the employee purportedly is unable to perform for the Municipality by reason of physical or mental incapacity. The Municipality reserves the examination by a physician selected by the Municipality. In the event that the Municipality requires such an examination, the Municipality shall pay the cost of the examination. In addition, the Municipality reserves the right to require the employee to submit to nursing or other health follow-up visits or examinations in order to verify continued disability.
(g) COBRA Coverage. Regardless of whether an employee seeks or is eligible for disability leave, federal law provides that in certain situations, an employee who is covered by the Municipality's health insurance policy has a right to continue that coverage, at the employee's expense, for a period of time after the employee terminates employment with the Municipality. For more information regarding continuation of insurance coverage, please contact the plan administrator for the health insurance policy.
(Ord. 97-13. Passed 12-1-97.)