§ 34.35 REHABILITATION AND EMPLOYEE ASSISTANCE.
   (A)   Rehabilitation assistance in lieu of discharge may be offered to:
      (1)   Any employee who has requested rehabilitation assistance; provided that, the request is unrelated to an identification of the employee as a violator of this policy; and/or
      (2)   Any employee who has violated this policy; provided that, the violation does not involve selling or transferring illegal drugs or serious misconduct.
   (B)   An employee who is in rehabilitation will be suspended; except that, when indicated by the circumstances of the case and the written recommendation of a licensed physician or recognized rehabilitation professional, an employee may be permitted to work while undergoing rehabilitation on an outside-of-work basis. The written recommendation must include a statement to the effect that the employee’s presence in the workplace will not constitute a safety hazard to the employee, co-workers or others. An employee who is suspended while undergoing rehabilitation and who is not permitted to work will be permitted to use any available leave in order to remain in an active pay status. If the employee has no annual leave or chooses not to use it, the suspension will be without pay.
   (C)   An employee whose rehabilitation therapy involves drug maintenance, hospitalization or detoxification will not be considered for the exception from suspension described in division (B) above. An employee who is suspended under this section will be permitted to use any available leave in order to remain in an active pay status. If the employee has no annual leave or chooses not to use it, the suspension will be without pay.
   (D)   An employee who is in rehabilitation or who has completed rehabilitation will be allowed to return to work upon presentation of a written release signed by a licensed physician or recognized rehabilitation professional. The release must include a statement to the effect that the employee’s presence in the workplace will not constitute a safety hazard to the employee, co-workers or others.
   (E)   Rehabilitation assistance given by the city will be:
      (1)   Limited to those medical benefits that may be available in the employee’s medical benefits plan;
      (2)   Obtained through a rehabilitation program that has been approved by the city; and
      (3)   Obtained by the employee during times that will not conflict with the employee’s work time; except that, the employee may use any available sick leave or annual leave to be absent from the job with pay.
   (F)   The city will provide to any employee, upon request and at no cost to the employee, information concerning local resources that are available for the treatment of drug and alcohol related problems.
(1998 Code, § 2-111)