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Names of permanent employees laid off shall be placed on a re-employment list for the appropriate recall. Names of probationary employees who are laid off shall be returned to the eligibility list from which certification was made.
Provisional employees who are laid off shall return to the eligibility list from which certification was made. Layoffs shall be in accordance with seniority in classification.
The Chief of Police or Deputy Chief in charge of the affected Bureau shall determine when acting time is necessary.
When it is necessary to appoint an employee to act in the place of a Sergeant, then the employee in the affected Section or Unit who stands highest on the promotional list to be promoted and who is eligible for promotion to Sergeant shall be given the acting time. In the event there is no list, then the employee in the affected Section or Unit who has the most seniority shall be given the acting time.
Acting time shall be paid for the actual number of hours worked at the starting rate of a Sergeant, until such time as the employee has served one thousand and forty (1,040) hours of acting time, after which the employee shall be paid at the full rate of a Sergeant.
Any request for an excused absence without pay for a period of five (5) work days or less may be granted by the Chief of Police and/or his designee without the necessity of preparing formal leave papers. Upon approval of the City, a leave of absence without pay may be granted for up to thirty (30) calendar days in any calendar year.
Requests for such leave of absence shall be made by the employee in writing on the form provided by the City. Such application shall be made as far in advance as possible.
Employees on such approved leaves of absence for thirty (30) calendar days or less shall have their hospitalization-surgical-drug prescription-life insurance benefits continued in force by the City during this period of time. Those officers 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 accordance with the vacation and sick time provisions of this agreement.
A leave of absence for more than thirty (30) calendar days in a calendar year may be granted 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 hospitalization-surgical-drug prescription benefits during the period of such leave. However, the employee may arrange to prepay through the Division of Accounts the premiums necessary to continue the employee's hospitalization - surgical - drug prescription - life insurance benefits in force during the period of time exceeding thirty (30) days the employee is on leave.
It is the parties' express intent that this chapter of the code shall not be applied or interpreted in such a manner as to cause or constitute a violation of any law, specifically including the family and medical leave act of 1993. Any remedy for violation of this act shall be as set forth in the Act.
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 group insurance death benefit continue 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, however, an employee may arrange to prepay through the Division of Accounts the premiums necessary to continue the employee's hospitalization and surgical insurance and group insurance death benefit in force during the period of time the employee is on leave. The exceptions to this benefit curtailment are a leave pursuant to the Family and Medical Leave Act of 1993 or an industrial injury leave as provided in this Chapter.
A Police Officer will be eligible for parental leave for that period of time that he/she is physically incapable of performing his/her regular work related duties. The Police Officer will be required to document his/her physical condition in a Statement of Attending Physician forwarded to the City.
Application for such leave will be made on the approved form. The Police Officer, in the event of extended disability resulting from pregnancy or childbirth, shall be entitled to use his/her accumulated sick time, bonus days and vacation days, and may submit a request to the Director of Human Resources for extended sick benefits. Those officers on an approved Family Medical Leave Act leave may hold three (3) weeks vacation and 15 days sick time in abeyance for later use in accordance with vacation and sick time provisions of this agreement. The employee’s prior work record with regard to his/her usage of sick days and his/her seniority will be taken into account in determining eligibility for such extension. In the event the requested extension is denied, then the employee may be placed on leave of absence as provided in Section 2129.39, “Personal Leave of Absence”.
The Police Officer may request additional release time prior and/or subsequent to the above stated period of disability. Such requests shall be made as provided elsewhere in this Agreement.
Police officers who become temporarily disabled on or after January 1, 1994 as a result of a non-duty illness or injury and are incapable of performing normal police duties may be placed in a temporary assignment that the Officer is physically capable of performing in lieu of placement on sick leave or leave without pay.
1. PREREQUISITES:
The following prerequisites must exist for a Police Officer to be considered for a non-duty temporary disability assignment:
a. The Officer must qualify for the use of sick leave; and
b. The City's physician, in his/her sole judgement, must certify that the Officer is temporarily incapable of normal assignment but is capable of the available temporary disability assignment; and
c. An existing assignment must be available, suitable as a temporary disability assignment; provided, however, that a minimum of ten assignments shall be available at all times for officers with temporary disabilities and limited capacities apart from those necessary for pregnancies.
2. CONDITIONS:
The following conditions shall apply to the temporary disability assignment:
a. The location and nature of the assignment shall be at the sole discretion of the Chief;
b. The duration of the assignment shall be for the period of the temporary disability as solely determined by the City's physician or a ninety (90) calendar day period, whichever is less;
c. The Police Officer shall receive full pay and benefits during the period of the temporary disability assignment;
d. The Police Officer is prohibited from engaging in or accepting secondary employment during the period of the temporary disability assignment.
3. EXTENSIONS - NON-DUTY DISABILITIES:
Extensions on temporary disability assignments may be provided at the sole discretion of the Director of Public Safety and Director of Human Resources under the following conditions:
a. The Officer's disability was sustained in a manner that would qualify the Officer for sick pay; and
b. The City's physician, in his/her sole discretion, has certified that the Officer:
(i) is still incapable of normal assignment, and
(ii) is capable of the available temporary disability assignment, and
(iii) should be capable of returning to normal assignment within the term of the extension; and
c. A periodic review during the term of the extension will occur to determine the Officer's capability of returning to work; and
d. Police Officers who are incapable of returning to normal assignment within the period of their temporary disability assignment will take such leave as they may be entitled under other provisions of this agreement.
When an employee who is sick or has been injured off duty has no sick days left, and an extended Sick Leave With Pay has not been granted, then the employee may be placed on a Leave of Absence Without Pay unless he has been assisted through the Time Bank, as provided elsewhere in this Agreement.
The request for leave 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 at a time, depending on the condition the employee, not to exceed one (1) year from the date the employee’s sick pay has been exhausted. Where mutually agreed, this period may be extended for an additional one (1) year.
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