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able to return to normal duties, the City has the right to require that employee to apply for <br />disability retirement. In the event of a difference of opinion as to the employee's mental or <br />physical status between the employee's physician and the City's physician, the issue shall be <br />submitted to a third physician specializing in occupational medicine whose decision regarding <br />the ability to perform police work shall be final and binding on both parties. For purposes of the <br />section, an injury is defined as a traumatic damage to the body, of external origin, unexpected <br />and undesigned by the injured person. Claims denied by the Bureau of Workers' Compensation <br />(BWC) shall not be eligible for coverage under this section. Any payment made prior to such <br />determination by the BWC shall be deducted from the employee's accumulated sick time first. <br />28.06 When an employee retires, resigns or dies, either through set -vice or disability, the <br />employee or the employee's estate shall be compensated in cash based upon the daily earning <br />rate at the time of the employee's retirement, resignation or death, for one -quarter (1/4) of the <br />employee's unused sick time hours. <br />28.07 Employees who have accumulated more than nine -hundred sixty (960) hours of sick time <br />may convert, on a three -to -one basis, all hours accumulated over nine -hundred sixty (960) hours <br />into a lump sum cash payment at the end of each calendar year, payment will be made in January <br />of each year and will be included in the employee's regular paycheck. The ability to accumulate <br />twelve hundred (1200) hours of sick time shall in no way alter the basis of this conversion <br />provision. The ability to convert any sick time hours over nine hundred sixty (960) shall remain <br />unchanged. <br />28.08 In the event an employee becomes or continues to be incapacitated from work by illness <br />or injury, after exhaustion of the employee's acquired sick time, they may apply for donations of <br />time according to the Sick Time Donation policy leave. If the employee does not receive <br />donations adequate to cover the sick time needed, the Mayor may grant further sick leave, up to a <br />total of ninety (90) days, in addition to the sick leave acquired as herein provided. <br />28.09 Any abuse or patterned use of sick leave/sick time shall be just and sufficient cause for <br />disciplinary action. <br />28.10 Employees must apply for FMLA after three (3) days of consecutive non -work related or <br />work -related illness or injury, being hospitalized overnight or when a serious medical condition <br />as defined by the FMLA law and regulations causes intermittent time off. Except as set forth in <br />§28.05, employees must utilize their sick time and other paid time off during FMLA leave. <br />ARTICLE 29 LABOR/MANAGEMENT <br />29.01 A Labor/Management Committee consisting of the Mayor of Lakewood, or a designated <br />representative, and the Lakewood Chief of Police, or a designated representative, and <br />representatives of the FOP shall meet at least once every three (3) months for the purpose of <br />discussing and attempting to resolve any mutual work -related problems. <br />24 <br />