2022-44 - Authorize Firefighter CBA

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determine whether the member is actually sick or injured. If authorized by proper medical authority, the City may call a member who is injured on the job to perform temporary light duties, providing that work is available and that the member has the skill and ability to perform the work. Members who are absent due to a non -duty related sickness or injury may request a temporary light duty assignment. Providing temporary light duty assignment is available, as determined by the Chief, and providing the member possesses the skill, ability and physical stamina to perform the duties required and provides written authorization to perform specific duties from their attending physician, the member may be given consideration for such an assignment. Any member on light duty who is working forty (40) hours per week will have any holiday time taken off equal to eight (8) hours. In the event a member is unable to return to assume full duties as a firefighter for a period in excess of six (6) months, the member shall be required to submit to the Human Resources Director a diagnosis and prognosis of the member's condition, stating whether the member will or will not be able to resume the full duties of firefighter. Each situation will be reviewed on a case -by -case basis in accordance with the ADA and ADAAA. 12.05 Should it be determined by proper medical authority that a member will not be able to return to regular full duties as a firefighter, the City has the right to require that member to apply for disability retirement. In the event of a difference of opinion as to the member's mental or physical status, regarding their ability to perform their regular duties, between the member's physician and the City's physician, the issue shall be submitted to a third physician specializing in occupational medicine, whose decision shall be final and binding. Fees and expenses of the physician shall be borne equally by the parties. For purposes of this section, an injury is defined as a traumatic damage to the body, of external origin, unexpected and undesigned by the injured person. The aforementioned language is designed to comply with the American Disability Act. 12.06 A member who reports absent from assigned duties due to sickness or injury shall not be permitted to engage in any other outside employment during the period of their absence, nor may the member return to such outside employment until returning to assigned duties or receiving permission from the Assistant Chief. The Chief of the Division of Fire shall take such steps as necessary to prevent the improper taking of sick leave. 12.07 Sick Time.