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(A) General Provisions
A Firefighter acting as a Lieutenant shall be paid full Lieutenant's rate of pay whenever in an acting Lieutenant capacity.
Acting Captain's pay will be paid when the Captain is off for reasons such as Kelly Days, vacations, sick or injured.
If an officer is not assigned to fill the Captain's vacancy, the private filling the vacancy will be paid the acting Lieutenant's rate and designated station Lieutenant will be paid acting Captain's pay.
(B) Less Than Eight Hours
When a line officer is removed from his assigned position for training, meetings or other reasons, an acting officer shall be utilized from within the crew. This acting time shall be paid after one (1) hour and then for the entire time unless the unit responds to an incident. In that event, the acting officer shall be paid for the out of service time of the incident, including a maximum of fifteen (15) minutes for paperwork per incident.
If the assigned officer of a double unit engine company is on a response and the "B" unit is dispatched to another incident, an acting officer shall be utilized and paid the acting time for the entire out of service time, including a maximum of fifteen (15) minutes for paperwork per incident.
(C) More Than Eight Hours
In the absence of a promoted officer, the language in Section 2125.32 (B) shall be used.
(Ord. 463-03. Passed 5-27-03.)
A personal leave of absence in excess of six (6) days may be granted at the request of the member of the bargaining unit upon the approval of the City. Leaves of absence for six (6) consecutive days or less may be granted and need not be covered by a formal leave of absence. Requests for such leaves shall be in writing and submitted at least seven (7) days prior to its start whenever practicable. If it becomes necessary for a member to request a short term emergency leave during a scheduled tour of duty, such member shall be allowed to complete his tour of duty upon conclusion of said emergency.
A leave of absence may be granted for up to thirty (30) calendar days in any calendar year without the loss of position by the employee. When an employee returns from an approved leave of absence, he/she shall return to the position in the service from which the leave was granted.
A leave of absence for more than thirty (30) calendar days may be granted, but the employee granted the leave of absence for more than thirty (30) calendar days shall not be entitled to be returned to the position from which the leave was granted but will be placed in an open position in the same class or in a class at the same salary group provided a vacancy exists. However, any employee who is on an industrial injury leave in the City program will be entitled to return to their position.
Those firefighters on an approved FMLA (Family Medical Leave Act) leave may hold three (3) weeks vacation and 15 days sick time in abeyance for later use.
In no case shall a leave of absence be granted for a period of more than one (1) year, except as otherwise provided herein.
An employee on an approved leave of absence shall continue to accumulate seniority during the period of his absence. An employee on an approved leave of absence of thirty (30) calendar days in any calendar year or less shall have his hospitalization and surgical insurance and death benefit continued in force by the City. An employee on an approved leave of absence for more than thirty (30) calendar days in any calendar year shall not receive fringe benefits during the period of such leave exceeding the first thirty (30) days, however, the employee may arrange to prepay through the Division of Accounts the premiums necessary to continue the employee's hospitalization and surgical insurance in force during the period of time the employee is on leave.
When an employee is sick or has been injured, and the employee has no sick days or injury pay left, and extended Sick Pay has not been granted, then the employee may apply for a Leave as provided in Section 2125.35. The request must be accompanied by the Statement of Attending Physician verifying the necessity for such leave. The Leave may be granted for periods of thirty (30) days or more, depending on the condition of the employee, not to exceed two (2) years from the date the employee's sick or injury pay has been exhausted.
Local 92 and the City of Toledo recognize that the health and wellness of a firefighter is an area of mutual concern. The parties have therefore agreed that firefighters may annually be required to participate in a mandatory wellness evaluation. That evaluation will consist of some or all of the following:
A. cholesterol evaluation
B. fasting blood glucose
C. blood pressure
D. heart rate
E. height/weight
F. 3 minute step test
G. cardiovascular fitness (fire bicycle test)
H. upper body strength (fire bench press)
It is agreed that the plan’s intent is to enhance overall wellness level of the department, to enable individual firefighters to learn about their general wellness levels, and to educate firefighters on methods of improving their physical condition. The plan is not intended for use as a basis for any punitive, disciplinary, or other adverse employment action.
The parties specifically recognize that this program involves medical evaluation and treatment of members. Records that are generated pertain to the medical condition of members. Confidentiality over all aspects of the program is therefore considered fundamental. It is expressly understood that any records generated are considered medical records within the meaning of O.R.C. 149.43.
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