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18.02 For any leave which qualifies under the Family and Medical Leave Act ( "FMLA "), <br />members of the Dispatchers Unit may use sick time. <br />18.03 Employees must apply for FMLA regarding FMLA - qualifying events such as an absence <br />of more than three (3) consecutive days due to non -work related or work related illness or injury, <br />being hospitalized overnight or when a serious medical condition, as defined by FMLA law and <br />regulations, causes intermittent time off. Except as set forth in Section 18.08, employees must <br />utilize their sick time and other paid time off during FMLA leave. <br />18.04 Sick time shall be utilized on account of illness or injury incapacitating the employee or a <br />member of their immediate family from working and requiring the employee's absence. <br />18.05 When an employee is unable to report for duty because of illness or injury, the employee <br />must call and advise the Duty Officer -in- Charge If the employee is injured or sick from work for <br />more than three (3) consecutive days, or incurs an injury to his or her back, or has surgery, of any <br />kind, or is advised to have surgery, he or she must have his or her physician complete the <br />Attending Physician Statement or attach a statement from his or her physician that indicates he <br />or she is able to return to regularly assigned duties. Prior to be assigned to duty, this document <br />shall be submitted to the Department of Human Resources to determine if a physical is required. <br />18.06 Whenever an employee is absent due to illness or injury, that employee must secure <br />permission from the Duty Officer -in- Charge before leaving his or her home. <br />18.07 An employee who is absent due to illness or injury or FMLA shall not be permitted to <br />engage in any other outside employment during the period of his or her absence, nor may he or <br />she return to such outside employment until he or she is assigned to duty. The Chief of the <br />Division of Police shall take such steps as he deems necessary to prevent the improper taking of <br />sick leave. <br />18.08 No employee shall be charged for sick time against his or her accumulated sick time bank <br />for any time taken as a result of an injury or illness incurred while in the lawful performance of <br />his or her duties. However, the City has the right to review the employee's physical and mental <br />status each thirty (30) days of his or her absence in order to determine his or her ability to return <br />to work to perform other light duties. Should it be determined by proper medical authority that <br />the employee will not be able to return to normal duties, the City has the right to require that <br />employee to apply for disability retirement. In the event of a difference of opinion as to the <br />employee's mental or physical status between the employee's physician and the City's chosen <br />physician, the issue shall be submitted to a third physician specializing in occupational medicine <br />whose decision regarding the ability to perform his or her regular duties shall be final and <br />binding on both parties. For purposes of this section, an injury is defined as a traumatic damage <br />to the body, of external origin, unexpected and undesigned by the injured person. <br />18.09 When an employee retires, resigns or dies, either through service or disability, he or she <br />or his or her estate shall be compensated in cash based upon the daily earning rate at the time of <br />his or her retirement, resignation or death, for one - quarter (1/4) of his or her unused sick time. <br />14 <br />