[Adopted 10-7-1998 by Ord. No. 98-25[1]]
[1]
Editor's Note: This ordinance also repealed
former Art. IV, Police and Fire Disability Leave Benefits, adopted
2-5-1986.
The following sections and appendixes[1] represent the City of Ithaca's policy for the administration
of benefits to employees covered by §§ 207-a and 207-c
of the General Municipal Law. The City will administer those benefits
defined below according to the policies and procedures set forth herein.
For further explanation of the law, please refer to §§ 207-a
and 207-c of the General Municipal Law.
[1]
Editor's Note: The Appendixes to this chapter
are on file in the City offices.
A.
Whenever possible, and where light duty or reasonably
less hazardous duty is available and the employee is qualified to
perform such duty, the City will provide such duty for police officers
and fire fighters who have suffered disability through an on-duty
injury or illness. This duty, where available, will be allowed in
accordance with restrictions as provided for in a thorough statement
from the employee's attending physician or a licensed medical authority
selected by the City. The City, at its discretion, may require the
employee to receive a second medical opinion. Arrangements for the
medical examination for the purpose of receiving a second medical
opinion shall be the responsibility of the employer.
B.
In cases where a police officer or fire fighter is
refused light duty by the department head, the employee has the right
to appeal the decision through the grievance procedure under the appropriate
labor agreement.
C.
If an employee refuses light duty when offered pursuant
to this policy, the City may take appropriate disciplinary action
against the employee, in accordance with the applicable collective
bargaining agreement.
The on-duty injury report form is to be filled
out for the initial injury or illness. If the employee returns to
work and is subsequently on disability leave as a result of the same
injury, a new report need not be filed. The Department is to notify
the Director of Human Resources of any time lost as a result of the
injury sustained. In addition, the Director of Human Resources will
provide the Department head with a progress report sheet that will
supplement the on-duty injury report form. The purpose of this supplemental
form is to advise of the progress in the form of medical reports on
the prognosis of the employee toward returning to full- or light-duty
status. This will allow duty officers to remain current on the status
of each employee on leave pursuant to General Municipal Law §§ 207-a
or 207-c in determining schedules, etc. It will also assist the Director
of Human Resources in determining the feasibility of making application
to the State Retirement System for disability retirement on behalf
of the employee or the City.
An employee who is on leave pursuant to General
Municipal Law § 207-a or 207-c during an entire contract
year shall not be entitled to clothing allowance benefits; however,
if the employee should work during any portion of the contract year,
such employee would be entitled to the full amount of clothing allowance
as provided for in the appropriate labor agreement. Under no circumstances
would an employee be entitled to receive the equivalent of two clothing
allowances during a fiscal year.
A.
An employee who is on leave pursuant to General Municipal
Law § 207-a or 207-c for less than 90 days in a calendar
year shall be entitled to his/her entire vacation allowance for that
year. An employee who is on leave pursuant to General Municipal Law
§ 207-a or 207-c for more than 90 days in a calendar year
shall receive vacation on a pro rata basis. If an employee returns
to work in a light-duty capacity, working fewer hours than a normal
workday, the employee shall receive vacation leave benefits on the
basis of time worked. Employee leave records are to be reconciled
and posted each year prior to December 31.
B.
Reference to "days" in this section shall mean consecutive
calendar days for Fire Department personnel and cumulative working
days for Police Department personnel.
An employee who is on leave pursuant to General
Municipal Law § 207-a or 207-c during a period in which
a contractually recognized holiday falls shall receive no credit for
that holiday. If an. employee returns to work in a light-duty capacity,
working fewer hours than a normal workday, the employee shall receive
holiday leave benefits on the basis of time worked.
An employee who is on leave pursuant to General
Municipal Law § 207-a or 207-c shall receive the full allowance
of sick leave earned if the work-related disability period is less
than one month or 30 days. If the work-related disability period is
30 days or more, the employee shall receive sick leave as earned during
the time worked. If the employee returns to work in a light-duty capacity,
working fewer hours than a normal workday, the employee shall receive
sick leave benefits on the basis of time worked. Any employee receiving
benefits greater than those provided for in this section shall continue
to receive such benefits until such time that the employee's status
should change.
At such time that an employee has been on disability
leave pursuant to General Municipal Law § 207-a or 207-c
for six consecutive months, the Director of Human Resources and Department
head shall request a complete statement from the employee's attending
physician and/or other licensed medical authority as designated by
the City. The City, at its discretion, may require the employee to
receive a second medical opinion. Arrangements for the medical examination
for the purpose of receiving a second medical opinion shall be the
responsibility of the employer. The purpose of this medical information
is to provide a basis for the employee, or the Director of Human Resources
on the employee's behalf, to make application for the employee's disability
retirement with the New York State Retirement System, if applicable.
Kelly time is a part of the annual work schedule
for employees of the Ithaca Fire Department. The scheduling of Kelly
time is not affected by work-related disability. No adjustments of
Kelly time in either time or money will be made for an employee who
is disabled as result of a work-related injury.
Any questions related to the appropriate application
of the sections of this policy should be directed to the Director
of Human Resources.
This policy is subject to the grievance procedure
in the appropriate labor agreement. If an employee affected by any
section of this policy feels that he/she has not received the appropriate
benefit(s) as outlined herein, that employee may first confer with
the Director of Human Resources. If not satisfied at this level, such
employee may file a grievance in accordance with the provisions of
his/her labor agreement in a timely fashion.