City of Ithaca, NY
Tompkins County
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Table of Contents
Table of Contents
[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Editor's Note: This ordinance also repealed former Art.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.