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HomeMy WebLinkAboutR&R 103.03 REVISED 1-2017_Sick Leave103.03 — Sick & Off -Duty Injury Leave Effective. 3/15/2010 Revised: 1/5/2017 Replaces: 103.01 B I. Guiding PhilosophX Sick leave is provided so members and their families can continue to maintain a standard of living should the member become incapacitated due to a bona fide illness or injury. Accrual and use of sick leave is regulated by civil service law and the collective bargaining agreement. We strive to ethically and responsibly use sick leave so that we are able to provide efficient and effective services to taxpayers and so that the public's trust and confidence in our organization is maintained. II. Purpose The purpose of this policy is to define the general standards applicable to the accrual and use of sick leave for civil service members. III. Goals The goals of this policy are to: A. Communicate a statement of intent relative to regulatory parameters. B. Set the regulations related to sick leave use, associated documentation and behavioural expectations, and the consequences of non-compliance. IV. Definitions A. Day — for the purposes of this policy and the accrual and use of sick leave, a day is dependent on the members shift assignment: 1. 8 -hour shift: 8 hours = 1 working day 2. 10 -hour shift: 10 hours = 1 working day 3. 12 -hour shift: 12 hours = 1 working day 4. 24-hour shift: 24 hours = 2 working days B. Doctor's Excuse — Note from a physician or appropriate licensed practitioner that documents date(s) of illness or injury and, if applicable, lists work restrictions, and/or releases the member to return to work. C. Sick Leave Statement — Form completed by a member to affirm the date(s) and specific reason for an absence that is chargeable to sick leave. D. Temporarily Disabled — Member who is off work due to illness or injury for 30 days or more, or who is diagnosed by a physician to be off work 30 days or more. D. Updated Medical Statement — Note from a physician or appropriate licensed practitioner that provides the current status of the member's medical condition and an estimated return to work date. V. Statement of Intent A. Sick leave accruals for civil service members are regulated by Article M -Sick Leave, Section 1 of the collective bargaining agreement and Section 143.045 of Texas Local Government Code. B. Volunteering to work for a member who is temporarily disabled due to off-duty injury or illness is regulated by Section 143.073(d) of Texas Local Government Code. C. Members will not be paid for sick leave unless they provide adequate documentation in accordance with this policy. VI. Sick Leave Reaulations A. Since under civil service law, sick leave is accrued by "days" not hours, when a member transfers from one shift assignment to another (example: 8 -hour shift to 12 -hour shift), his/her sick leave accrual balance will be adjusted to reflect the proportionate number of accrued hours based on the working day of the new shift assignment. B. A member will use sick leave in no less than quarter-hour increments (example: 2.25 hours). C. Sick leave is granted when a: 1. Member is incapacitated and unable to perform his/her duties due to bona fide illness or injury, OR 2. Person incapacitated due to a bona fide illness or injury who is: a. Within the member's immediate family, and who lives in the same household, OR b. A minor child under the age of 18, and the member is the parent or legal guardian of the child. NOTE: The intent of this article is to allow a member to care for his/her immediate family when reasonable alternatives are not available. A member using sick leave for this purpose is subject to the some regulations and documentation requirements as a member who uses sick leave for his/her own illness or injury. 3. Medical, dental or optical examination or treatment is necessary, provided that prior approval of the Deputy Chief has been obtained. Members are R&R 103.03 — Sick & Off -Duty Injury Leave Page 2 of 8 encouraged to arrange appointments to coincide with their regular days Off. D. Notification of Illness Members assigned to 24-hour shifts will notify the Deputy Chief on -duty between 0700 and 0715 hours on the morning their shift is to report to work. 2. Members assigned to 12 -hour shifts will notify the Section/Branch Chief or ranking Officer on -duty a minimum of one hour prior to their scheduled shift start time. Members on 8- and 10 -hour shifts will notify their Section Chief or ranking Officer on -duty within'/4 hour before or after their scheduled shift start time. E. Members using sick leave are expected to remain at home during the hours of their normal work shift, with the following exceptions: 1. To obtain medical treatment by a physician. 2. To obtain medication for themselves or members of their family. 3. Emergency or unexpected conditions outside of his/her control. F. A member who will not be at home for any of*the reasons above will notes the on -duty Deputy or Section Chief prior to leaving home and upon his/her return. G. A member who has used sick leave for more than two consecutive working days is prohibited from working an off-duty job prior to the return to work date that is indicated on his/her Doctor's Excuse. H. A member will complete and submit a Sick Leave Statement: 1. As soon as possible on the first shift he/she returns to work, AND 2. For sick leave occurrences of two consecutive working days or less, AND 3. For no more than three occurrences of sick leave use within a calendar year. I. A member will submit a Doctor's Excuse in lieu of a Sick Leave Statement: 1. As soon as possible on the first shift he/she returns to work, AND 2. For sick leave use of more than two consecutive working days, OR R&R 103.03 - Sick & Off -Duty Injury Leave Page 3 of 8 For the fourth or greater occurrence of sick leave use within a calendar year that is two consecutive working days or less. 4. For sick leave use of more than fifteen calendar days, the member will submit a Doctor's Excuse no later than the 15th calendar date from the date of first absence. J. Members not regularly assigned to Fire Headquarters will submit a Doctor's Excuse or a Sick Leave Statement in the following manner: 1. Scan and email the document to the on -duty Deputy Chief, Personnel & Benefits Administrative Assistant, and Fire Chief's Secretary. 2. If unable to scan document, contact the on -duty Deputy Chief for further guidance. 3. After being submitted, the member will: a. Delete the scanned document from the scan folder. b. Retain the original document for future reference. K. When a Doctor's Excuse is submitted via scan technology, the member is responsible for safe keeping of the original document. If questions arise, a Doctor's Excuse may be requested by Fire Administration for clarification or to review validity. L. If using sick leave beyond fifteen calendar days, the member will submit an Updated Medical Statement every 30 calendar days that the member is subsequently off work. M. If a member suffers an off-duty injury that results in restrictions related to his/her ability to perform job-related duties, he/she will submit an Accident & Iniury Statement to the Deputy Chief on -duty, Section Chief or Fire Administration a minimum of 24 hours prior to reporting for duty. 1. If the injury causes the member to be on sick leave more than two consecutive working days, he/she will submit a Doctor's Excuse detailing any work restrictions and an estimate of the duration of the restrictions. 2. Depending on the nature of the restrictions and availability of an appropriate work detail, the member may be reassigned by the Fire Chief to a limited duty assignment. N. If an individual is off work due to illness or injury, and his/her scheduled vacation time comes up, he/she would have the following options relative to the scheduled vacation leave in question: 1. Take the vacation as originally scheduled. R&R 103.03 — Sick & Off -Duty Injury Leave Page 4 of 8 2. Request that his/her vacation be moved to later in the year. (see R&R 103.OIE-Vacation) O. All documentation related to sick leave use and/or return to work will comply with SOG 105.02 Member Medical Information. Please refer to the guideline for details. P. Supervisory Expectations for Chief Officers 1. The on -duty Deputy Chief and Chief Officer Corps will insure day-to- day compliance with all Department and City policies. He/she is responsible for initiating appropriate coaching, counseling and/or progressive disciplinary actions anytime misunderstandings or violations appear to exist. 2. If an individual returns to work after an absence chargeable to sick leave, and does not submit the required documentation upon his/her return to work as specified above (first offense), the Deputy Chie on -duty will: a. Perform and document oral counseling on the same shift the person returns to work. i. Verbally communicate a deadline of 0800 hours on the shift's next workday (the third calendar day from the time of the counseling) to the individual for submitting the required documentation. ii. Verbally notify the individual of the consequences of continued non-compliance (see below). b. Send a return receipt email documenting the first offense counseling, deadline and consequences for non-compliance to the individual and all District Chiefs on that shift. If the individual fails to submit the required documentation by the stated deadline (second offense), the Deputy Chief on -duty will: a. Code the individual WP (without pay) for the previous shift(s) he/she used sick, off-duty injury or emergency family leave that were not properly documented. b. On the same shift he/she returns to work, bring him/her in to issue a written reprimand for the second offense. i. Verbally communicate a deadline of 0800 hours on the shift's next workday (the third calendar day from the time of the counseling) to the individual for submitting the required documentation. ii. Verbally notify the individual of the consequences of continued non-compliance (see below). Document the written reprimand and WP coding via return receipt email to the individual, Assistant Chief, Chief Officers on the same shift, Fire Chief s Secretary and Personnel & Benefits Assistant. R&R 103.03 — Sick & Off -Duty Injury Leave Page 5 of 8 4. If the individual fails to submit the required documentation by the stated deadline (third offense), the Deputy Chief on -duty will: a. Notify the Assistant Chief. b. Forward all documentation from the first and second offenses to the Fire Chief. c. The Fire Chief will initiate an investigation per SOG 702.02 Complaint, Inquiry, Investigation, & Adjudication/Discipline Processes. d. If, after the individuals due process rights have been satisfied, if he/she is found to have been out of compliance at the time of the third offense, he/she will be issued a suspension. If a fourth offense occurs, and the individual, after having been provided his/her due process rights, is found to have been out of compliance at the time of a fourth offense, he/she will have subjected him/herself to another suspension, up to and including indefinite suspension, for continued abuse of sick leave. 6. The Deputy, Section or Fire Chief may require a member to provide a Doctor's Excuse anytime he/she believes there is a possibility of sick leave abuse. 7. A member may volunteer to work, with no expectation of reimbursement, for another member who is temporarily disabled due to an off-duty injury or illness. 8. Because sick leave abuse is a serious offense, the on -duty Deputy Chief will insure appropriate counseling and/or progressive disciplinary actions are taken to investigate and document whether sick leave abuse has occurred or when patterns of sick leave abuse appear to exist. 8. Patterns of sick leave abuse may include, but are not limited to: a. Sick leave used on dates after other leave has been requested and denied. b. Sick leave used after working a shift of overtime. c. Frequent unscheduled sick leave use. d. Frequent emergencies. e. Frequent sick leave used on weekends. f. Frequent sick leave used the day before or after a Kelly Day or scheduled vacation. g. Frequent sick leave used on a particular day of the week or consistent pattern of days. h. Sick leave used during periods of heavy workload or perceived distasteful assignments. i. Calls for sick leave use are often made by others on behalf of the member. j . Sick leave is not properly requested. R&R 103.03 — Sick & Off -Duty Injury Leave Page 6 of 8 Q. Members with knowledge of sick leave abuse are obliged to report infractions through their chain of command. R. Other sick leave rules and regulations violations will result in counseling or disciplinary action, as indicated in the following table: R&R 103.03 — Sick & Off -Duty Injury Leave Page 7 of 8 1St Offense 2nd Offense 3"d Offense Nature of Violation Min/Max Min/Max Min/Max 1. Falsification of sick leave documentation 2. Supervisory failure to act in 4 day Suspension/ 8 day Suspension/ 15 day Suspension/ investigating or documenting 8 day Suspension 12 day Suspension Indefinite Suspension sick leave abuse 3. Working second Job, 4 day Suspension/ 8 day Suspension/ 15 day Suspension/ recreational activities, etc. 8 day Suspension 12 day Suspension Indefinite Suspension while on sick leave 4. Failure to report known or suspected sick leave abuse 2 day Suspension/ 4 day Suspension 6 day Suspension/ 12 day Suspension 15 day Suspension/ Indefinite Suspension 5. Not at home while on sick leave written Reprimand/ 4 day Suspension/ 15 day Suspension/ 4 day Suspension 8 day Suspension Indefinite Suspension R&R 103.03 — Sick & Off -Duty Injury Leave Page 7 of 8 Appendix A - Procedure for Submitting a Doctor's Excuse or Sick Leave Statement For Personnel at All Fire Stations Except Station 1: 1. Scan document. 2. Go tot e u 1ocumew;ijit folder and open. 3. Locate document and check to make sure it was scanned properly. 4. Log in to your iNotes or Lotus Notes. 5. Create a N,em/. email. 6. In the "I''o�„ box, select the following people: On -duty Deputy Chief, Payroll & Benefits Administrative Assistant (Freda Johnson), and Fire Chief's Secretary (Debra Smith). 7. In the Smmbjg 1, w box, put what type of document you are sending. (Either Doctor',s, or,'Yick 8. Click and place curser inside the body of the email. 9. Select the t?i le tab and scroll down to select Attach. 10. Locate your record in the1 a!! m�a��n���� folder. 11. Double click to select to attach to your email. 12. 11,11 ii(I email. 13. Locate your record int e M ���m��a�tn�mm,a�µ;n����„ folder and delete. For Personnel at Fire Station 1: • The procedure is the same except for where the record is scanned to. Instead of being sent to the My Documents folder on the computer, the record is sent to the ,G: drive under I`a1:e I Scaiimied Mcunrmmeii s. • There may be multiple documents in this folder. Make sure you attach the right one! R,. � Ir SII. � ILS '��II. I' �' t- °" � � " IIIIII" IIIIII.��i IIIIII IIIIII .' . m ��h �������� .Ercusv,s, 1111HIIIl. ' , � IIII[Ti' askled wIII''