For purposes of this subsection and all other references in this section to "health care professional" OR "licensed health care professional" the term shall mean physician, psychologist, psychiatrist, and others licensed to administer health care independently or under the direction of a physician.
Leaves under this section for purposes authorized by the Family Medical Leave Act shall be charged against eligibility for leaves under Section 266.06-7 Family and Medical Leaves of Absence, until the same has been exhausted. Leaves of absence for sickness, accident or disability (including pregnancy) shall be granted in writing when the City is presented with a health care professional's certificate indicating the reason(s) the employee is unable to perform his/her regular job duties and the anticipated duration of the leave.
Leaves of absence for worker's compensation shall be for a minimum of seven (7) calendar days and a maximum of thirty (30) calendar day periods up to a maximum of one hundred eighty (180) calendar days within a twenty-four (24) month period or three hundred sixty-five (365) calendar days within a twenty-four (24) month period for a Workers' Compensation disability. Any request for an extension must be accompanied by a health care professional's certificate setting forth the same type of information as is required for the original leave of absence.
At the beginning of a leave of absence or at any time(s) during a leave of absence or any extension thereof or at the end of a leave of absence, the City may require the employee to be examined by a licensed health care professional to determine whether or not the employee is able to perform his or her regular job duties/essential functions of the position.
Examinations shall be conducted by a health care professional designated by the Employer for the purpose of verifying the illness, determining whether the employee is unable to perform his/her required duties, and determining the expected date of recovery. The Employer shall bear the cost of the examination.
The employee may dispute the finding of the City's health care professional by submitting to the City written reports of his/her health care professional. If the City's health care professional and the employee's health care professional are unable to agree on whether the employee is able to perform his/her regular job duties/essential job functions, the two health care professionals shall choose a third health care professional who shall forthwith examine the employee and whose written decision shall be final and binding upon the City and the employee. This process must be expedited. The examination by the City health care professional shall be at City expense and the examination by the third health care professional shall be borne by the City. If it is determined by the employee's health care professional or by the third health care professional that the employee is able to perform his/her regular job/essential job functions, the employee shall report for work the following day after being notified by the City to do so. Failure of the employee to report for work shall be considered as overstaying an approved leave of absence.
An employee on an approved leave of absence under this Section must exhaust accrued but unused sick leave and may then use accrued but unused vacation pay. When sick leave and vacation pay are exhausted, the employee will be on an unpaid leave. Employees eligible for accident compensation benefits under Section 266.09-3 will not be eligible to use accrued but unused sick leave or vacation pay. The City will continue to pay health insurance premiums on behalf of an employee for the first sixty (60) days of an unpaid leave under this Section and thereafter the employee must pay the full premium rate to the City to maintain health insurance in effect. (Ord. 60-2021. Passed 12-7-21.)