LONDONDERRY POLICE DEPARTMENT POLICIES AND PROCEDURES

Transcription

1 POLICY NO: P-209 LONDONDERRY POLICE DEPARTMENT POLICIES AND PROCEDURES DATE OF ISSUE: August 1, 1997 EFFECTIVE DATE: August 1, 1997 REVISED DATE: January 3, 2016 SUBJECT: ON AND OFF DUTY INJURY BENEFITS PAGE: 1 of 6 BY AUTHORITY OF: William R. Hart Chief of Police CALEA # NEW AMENDS RESCINDS POLICY #: P-209 Dated: 08/01/97 I. PURPOSE A. The purpose of these policies and procedures is to to outline to members/employees of the Londonderry Police Department the department's manner in which all on-duty and off-duty injury leave is to be handled. II. DISCUSSION III. POLICY A. New Hampshire RSA 281-A prescribes the way absences from duty and temporary alternative duty are to be administered for injuries and illnesses that are sustained while a member/employee is performing job duties and responsibilities or other assignments under the authority of the Londonderry Police Department. The Family Medical Leave Act of 1993 (FMLA) prescribes the way absences from duty are to be administered as a result of a serious health condition or injury of the member/employee which results in the member's or employee's inability to perform his/her job duties and responsibilities. A. It is the intent of the Londonderry Police Department to provide all members/employees who have become unable to perform job duties and responsibilities or other assignments under the authority of the Londonderry Police Department as a result of on-duty or off-duty illnesses and/or injuries with all the rights and benefits required by law. The administration of all absences from duty as a result of an on or off duty illness and/or injury shall comply with all legal requirements. The thrust of these policies and procedures is to provide a fair and reasonable leave policy in addition to any legal mandates. IV. DEFINITIONS A. "On-duty injury" is defined as any injury or illness that is compensable in accordance with the New Hampshire Workers' Compensation law, RSA 281-A and will normally include injuries or illnesses sustained while a member or employee is performing job duties or other assignments under the supervision of the Londonderry Police Department.

2 Page 2 of 6 B. "Off-duty injury" is defined as a serious health condition or injury of the member or employee that was sustained while an member/employee was off-duty and not performing job duties or other assignments under the supervision of the Londonderry Police Department which results in the member's or employee's inability to perform his/her job duties and responsibilities. V. PROCEDURES A. Use of Benefits For On-Duty Injuries. i. Members/employees who suffer an on-the-job injury must immediately report that injury to their immediate supervisor. Members and employees who suffer an on-the-job injury are eligible to apply for Workers' Compensation benefits and will receive those benefits if they satisfy the requirements established by New Hampshire law. ii. Members/employees may also receive an additional pay supplement if he/she meets the following criteria: 1. A Member/employee may use his/her accrued sick time to offset any reduction in his/her pay if Workers' Compensation does not fully equal the Member's/employee's current take home pay. a. Example: Currently Workers' Compensation funds sixty six percent of a member's/employee's pay each work day. A member/employee may use one third of a sick day from the member's/employee's accrued sick time to supplement thesixty percent injury leave payment under Workers' Compensation. 2. If an injured member/employee runs out of accrued sick time, the member/employee may use any other accrued time; such as, annual leave, sick leave, incentive days, compensatory time, or leave transferred from another employee. 3. After an injured member/employee has used all accrued sick leave, annual leave, sick leave incentive days and compensatory time, the Chief of Police may request that the Town Administrator grant supplemental pay to an injured member/employee to make up any difference between Workers' Compensation benefits and the member's/employee's net pay prior to the injury. iii. Any period of absence resulting from an on-the-job injury will constitute a leave of absence in accordance with the Family and Medical Leave Act

3 Page 3 of 6 B. Review of Status. ("FMLA"). FMLA leave shall run concurrent with any other leave of absence benefit available to the member/employee. i. A member/employee suffering an on-the-job injury shall, for a period of six (6) months, continue to participate in all employee benefit programs in which the member/employee participated prior to the date of injury, including health, life, and disability insurance. This six (6) month leave period may be extended at the discretion of the Chief of Police which is determined to be in the best interests of the Londonderry Police Department to do so. ii. A member/employee suffering an on-the-job injury shall be reinstated to the position held prior to the injury upon request for reinstatement if the member/employee is not disabled from performing the duties of the position with or without reasonable accommodation. Reinstatement will not occur if: the disability prevents the member/employee from performing the duties of the position; the position no longer exists; it is determined by the treating physician or the Department of Labor that the individual cannot return to the former position; or the individual accepts employment with another employer. This benefit shall not be available to any individual hired to temporarily replace an individual who had suffered an on-duty injury. C. Fitness for Duty Examination. i. Any member/employee requesting reinstatement is required to be examined by a physician appointed by the Chief of Police and to provide that physician with all data and reports from treating medical providers for the purpose of allowing the physician to determine whether or not the individual is fit to return to duty. D. Temporary Alternate Duty (TAD). i. In compliance with RSA 281-A:23b, the Londonderry Police Department will provide members/employees suffering on-duty injuries with temporary alternative work opportunities. Whenever a request for TAD is made, the Department shall review the individuals job functions and determine which, if any, of those functions the individual is capable of performing. Every reasonable effort will be made to afford the member/employee a TAD within the member's/employee's job functions and capabilities or within the functions of any other available position

4 Page 4 of 6 within the Department. A TAD assignment may result in different duties or different work schedule and may include assignment to a different Division or position with the Department. Members/employees shall remain on TAD assignment until such time as they are released to resume their full duties by the treating physician or eighteen (18) months from the date of injury, whichever is sooner. ii. The rate of pay for an individual on TAD assignment shall be commensurate with the job functions that they are eligible to perform. E. TAD Procedures. i. The injured member/employee shall forward a Physician's statement or certificate and a copy of his/her current job description from his/her Division Commander while reporting the injury. If the nature of the injury is such that emergency need for care precludes stopping to pick up these forms, the employee shall, as soon-as practically possible, call his/her Division Commander to request that a certificate and position description be mailed to the treating Physician. ii. The member/employee shall have the Physician complete the form based on the findings during the initial examination. iii. The member/employee shall return the completed form to his/her Division Commander as soon as possible after seeking medical care. iv. The Division Commander shall work with the member/employee to facilitate a safe return to work program. v. The Division Commander or his/her designee may contact the treating Physician if additional information is necessary. vi. After each subsequent office visit, the member/employee shall bring updated information from the treating Physician to his/her Division Commander. A note will be sufficient in most cases. vii. Additional modifications will be made to the return to work program as required. The member's/employee's Division Commander shall review the appropriateness of continuing the program or duty assignments. viii. The procedures found in P-209 V, E iv, and P-209 V, E vii, may be repeated until such time as the member/employee is able to return to his/her normal position or has been deemed to be permanently disabled.

5 Page 5 of 6 F. If a member/employee refuses light duty after being cleared to perform light duty by the Physician, Workers' Compensation shall be notified by the Police Department of such refusal and the member/employee may risk losing benefits. G. Subrogation i. The Londonderry Police Department reserves the right to subrogate against any part to recover any wages or costs incurred by the Town of Londonderry, as the result of an injury caused by another. H. Maximum Benefit. i. At no time, while a member/employee is out of work due to on-duty injury, shall he/she receive in excess of forty (40) hours on his/her base rate of pay. Benefits received from the Town in addition to Workers' Compensation Benefits shall not exceed his/her normal rate of forty (40) hours base pay. ii. An exception to this is holiday pay for which a member/employee will receive eight (8) hours additional holiday pay during the work week in which the holiday occurs. iii. If that member/employee was scheduled to work the holiday, but is out of work due to an on-duty injury, he/she shall not accrue sick leave, but may continue to accrue annual leave and other specified benefits. I. Use of Benefits For Off-Duty Injuries. i. Due to the nature of the Police officer's job, nothing in this subsection will preclude a member/employee from claiming a line of duty injury that has occurred as a result of necessary law enforcement action, although the member was not specifically assigned that particular task by the Police Department ii. Intent iii. Conditions 1. It is the intent of the Londonderry Police Department that its members/employees who are injured off duty will suffer as little loss of benefits as possible. It is not intended that the use of offduty injury leave and use of benefits therefrom be so used to encourage employees to abuse this privilege.

6 Page 6 of 6 1. Members/Employees who are unable to work due to an off-the-job injury or disability shall be entitled to sick leave as outlined in the sick leave policy. Members/Employees are not entitled to temporary alternate duty when out on regular sick leave. 2. At the conclusion of six consecutive calendar months leave in any one year; or, six cumulative months leave for the same injury, the Chief of Police of the Londonderry Police Department shall review the member's/employee's injury or disability status from medical or other reports and determine in the best interest of the Department whether or not to extend, in three-month increments, the leave. 3. The Chief of Police reserves the right to order any member/employee receiving sick leave benefits to appear before a qualified Physician with all the pertinent data concerning the injury or disability for an evaluation and said report shall be submitted by the member/employee to the Police Chief. The Police Chief shall make a determination regarding the possibility of the member/employee returning to work at a date and time that will not interfere with the efficient operations of the Police Department. 4. Any and all leave made available to an employee as a result of an off-the-job injury shall be considered a leave of absence under the FMLA. FMLA leave shall run concurrent with any other sick leave available to the member/employee; however, notwithstanding the amount of sick leave accrued, eligible employees shall be entitled to up to twelve (12) weeks FMLA leave in a twelve (12) month period. iv. Subrogation. 1. The Londonderry Police Department reserves the right to subrogate against any part to recover any wages or costs incurred by the Town as a result of an injury caused by another. VI. These policies and procedures replace and supersede all policies, procedures, rules, regulations, and written directives regarding ON AND OFF DUTY INJURY BENEFITS.