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ARTICLE 38 <br />PERSONNEL FILES <br />38.01 The personnel files for all employees shall be maintained by the Human Resources Director <br />for the City of Lakewood. <br />38.02 All permanently appointed employees shall have the right to examine their own personnel <br />file (excluding all information related to their probationary period) with two (2) working days <br />advance notice. Such request shall be forwarded through channels to the Human Resources <br />Director. <br />38.03 An employee may not alter or remove any documents in their file but may place written <br />clarification, explanation or rebuttal to any of its contents which may be of a negative nature, by <br />submitting it through channels to the Human Resources Director. <br />38.04 No unsubstantiated complaint shall be placed in an employee's personnel file and any <br />disaffirmed disciplinary action shall be expeditiously removed from an employee's file. <br />38.05 Information in an employee's personnel file shall be considered confidential, subject to <br />current law, and shall not be released to any outside agency or person without the signed consent <br />of the employee. <br />ARTICLE 39 <br />INJURY ON DUTY <br />39.01 An employee who suffers an injury or illness incurred during the course of and arising out <br />of employment with the City shall receive their regular straight time earnings for a period not to <br />exceed seven (7) calendar days following the initial date of injury. Any such time paid by the City <br />shall not be chargeable to accrued sick leave provided that the employee has reported the injury <br />and sought treatment in accordance with the City's injury reporting procedures. <br />39.02 Should an employee re -aggravate the same injury within six (6) calendar months of the <br />initial date of injury, the employee shall receive their regular straight time earnings for a period <br />not to exceed three (3) working days. Such time shall not be chargeable to accrued sick leave <br />provided that the employee has reported the injury and sought treatment in accordance with the <br />City's injury reporting procedures. If the employee does not re -aggravate the same injury within <br />six (6) months of the initial date of injury, any future such injury shall be covered under Section I <br />above. <br />39.03 Should a claim be disallowed by the Ohio Bureau of Workers' Compensation (OB WC) for <br />an injury because it was not a work related injury, any payment made by the City prior to such <br />determination by the OBWC shall be deducted from the accumulated leave credits commencing <br />with sick leave first. <br />31 <br />