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or employee's immediate family member requiring the employee's absence. Sick time may also <br />be -utilized to care for a pregnant spouse and/or a newborn child. <br />28.02 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 five (5) consecutive days if on an eight (8) hour work schedule or three (3) consecutive <br />work days if on a twelve (12) hour work schedule, or incurs an injury to the back, or has surgery <br />of any kind, or is advised to have surgery, the employee must have their physician complete the <br />Attending Physician Statement or attach a statement from their physician to the certificate that <br />indicates that the employee is able to return to regularly assigned duties. Prior to being assigned <br />to duty, this document shall be submitted to the Department of Human Resources in order that the <br />City may determine if a physical is required. <br />28.03 Whenever an employee is absent due to illness or injury, that employee must secure <br />permission from the Duty Officer -in -Charge before leaving the employee's home. This <br />requirement is waived if the Chief receives notification through Human Resources that the <br />employee will be off work for an extended period of time due to illness or injury. The notification <br />shall include an approximate date for return to duty. <br />28.04 An employee who is absent due to illness or injury shall not be permitted to engage in any <br />other outside employment during the period of their absence, nor may the employee return to such <br />outside employment until the employee is assigned to duty. The Chief of the Division of Police <br />shall take such steps as deemed necessary to prevent the improper taking of sick time. <br />28.05 No employee shall be charged for sick time or time off against the employee's accumulated <br />sick time bank for any time taken as a result of an injury or illness incurred while in the lawful <br />performance of their duties, including approved off duty police related jobs within the City of <br />Lakewood for up to a maximum period of two (2) years for each incident of work -related injury. <br />However, the City has the right to review the employee's physical and mental status at any time <br />during the employee's absence in order to determine the employee's ability to return to work. If <br />authorized by proper medical authority, the City shall have the right to call the employee to work <br />to perform other light duties. Should it be determined by proper medical authority that the <br />employee has reached maximum medical improvement (MMI) and will not be able to return to <br />normal duties, the City has the right to require that employee to apply for disability retirement. In <br />the event of a difference of opinion as to the employee's mental or physical status between the <br />employee's physician and the City's physician, the issue shall be submitted to a third physician <br />specializing in occupational medicine whose decision regarding the ability to perform police work <br />shall be final and binding on both parties. For purposes of the section, an injury is defined as a <br />traumatic damage to the body, of external origin, unexpected and undesigned by the injured person. <br />Claims denied by the Bureau of Workers' Compensation (BWC) shall not be eligible for coverage <br />under this section. Any payment made prior to such determination by the BWC shall be deducted <br />from the employee's accumulated sick time first. <br />28.06 When an employee retires, resigns, or dies, either through service or disability, the <br />employee or the employee's estate shall be compensated in cash based upon the daily earning rate <br />22 <br />