17.00.120     LEAVE PROCEDURES     (CALEA 22.2.1)

 

Bereavement leave, sick leave, administrative leave, leaves of absence, holiday leave, vacation leave, and family leave are covered in the current labor contracts or the City’s Human Resources Policies.

 

Family leave procedures are established in accordance with regulations developed by the Washington State Human Rights Commission (WAC 162-30-020)

 

Maternity Leave

 

The Department shall allow employees who are pregnant to request a maternity leave of absence subject to limitations as explained in the procedures associated with this policy.

 

Commissioned Personnel

 

Upon an officer learning that her pregnancy requires an accommodation of her job responsibilities, the officer  will advise her supervisor of her need for accommodation and the supervisor will notify the respective Deputy Chief via the chain-of-command.

 

At the point of incapacity or inability to perform full duty the officer may request a light duty assignment under the Light Duty policy. If the City does not place the officer in a light duty assignment, the officer may use sick leave and/or vacation leave for the duration of said incapacity or inability to perform full duty.  In the event that the officer does not have sufficient sick leave and/or vacation leave, the officer will be placed on unpaid leave for the duration of said incapacity or inability to perform full duty.

 

A physician will determine when the officer is sufficiently recuperated for return to full duty from maternity leave.  Upon notice of the physician's determination of full recuperation, the officer will to return to her regular assignment, with no loss or alteration in seniority and benefits due to pregnancy. The Department may grant the officer additional leave immediately following full recuperation from maternity as provided in other leave policies (i.e. FMLA leave for child care or other permissible reasons).

 

Non-Commissioned Personnel

 

The Department will respond in accordance with the applicable City policy and procedure, or appropriate bargaining unit provisions to the needs of its non-commissioned personnel who become pregnant during their employment.

 

Military Leave

 

In compliance with City, State, and Federal law, the Department allows its employees who are members of the U.S. Army, Navy, Air Force, Marine Corps or Coast Guard Reserves, or a member of the Washington State National Guard to apply for and take military leave.

 

Any full-time Department employee, who is a member of the U.S. Army, Navy, Air Force, Marine Corps, Coast Guard Reserves, or a member of the Washington State National Guard, is entitled to military leave of absence not to exceed twenty one (21) work shifts during each calendar year.

 

The employee will receive normal salary only for those days within the 21-day leave period that he/she is regularly scheduled to work.

 

If the number of days of active duty training requiring military leave exceeds twenty-one work days in any one calendar year, only the first 21 regularly scheduled work days of military leave will be compensated.

 

Additional military leave taken during regularly scheduled work days and needed for completion of active duty training and/or for travel time must be accounted for as either compensated leave (vacation), or leave without pay (charged absence).

 

Upon receipt of written orders for active duty training, an employee must immediately submit a copy of such orders along with a written request for military leave to his/her Section commander via the chain-of-command.

 

Upon return from military leave, an employee must immediately submit to his/her Section commander an endorsed copy of his/her training orders showing the date he/she reported for, and the date of release from active duty training.

 

Weekend Active Duty Obligation - Employee Responsibilities:

 

Employees are responsible for notifying their supervisor 10 days in advance of the dates of their weekend active duty obligation unless emergency situations create an immediate military duty obligation.

 

The Department will not adjust any employee's work schedule to avoid conflicts with weekend active duty obligations.  There are only two exceptions to this rule:

 

v     Those employees not wishing to use accrued vacation for weekend active duty obligations will be granted leave without pay (charged absence).

 

v     Employees may, with approval of their supervisor, trade shifts with another employee in order to maintain 40 hours of pay per week and avoid the necessity of using vacation time, or a charged absence.

 

Under no circumstances will the Department be held liable to adjust the work schedule to avoid such conflicts or to guarantee the employee an opportunity to make up work hours missed to ensure full pay.

 

Deployed Veteran’s Reintegration Program

 

The purpose of the Deployed Veteran’s Reintegration Program is to seamlessly reintegrate police staff that has been deployed for a significant period of time.  The objective is to maintain the abilities and value of our trained police staff.  By focusing on the employee and the employee’s family prior to, during, and after the deployment, a seamless re-entry can occur.

 

The Veteran’s Reintegration Program will be administered by the PSU Commander.  The PSU Commander will interview each veteran prior and subsequent to deployment and then determine a course of action in the reintegration process.

 

Type of time off/leave will be determined by the PSU Commander, HR, and current applicable local-state-federal (USERRA) policies/laws.

 

The Military Liaison Officer (MLO) will report to the PSU Commander.  The purpose of the MLO is to act as an active liaison between the City of Bellevue and the deployed staff member and their family.  The MLO will keep up to date on all staff member’s that are deployed, in a position to be deployed, and have been deployed.  The MLO will be a volunteer position filled by sworn personnel in addition to his/her regular assignment.

 

The PSU Commander can enlist additional volunteers as needed to assist in his/her duties.  Additional resources and information can be located on the PSU SharePoint site.

 

 

Absence from Duty due to Illness or Injury

 

The Department expects all of its employees to conduct themselves in a manner that will minimize a loss of work attendance due to illness or injury.  Employees who will be absent from work due to illness or injury must follow specific notification procedures.

 

Sick leave benefits for police officers covered by the LEOFF I Retirement System are addressed in RCW 41.26.150 and Bellevue Disability Board Policies.

 

Sick leave and light duty benefits for police officers covered by the LEOFF II Retirement System and for non-commissioned employees are addressed in the current bargaining agreements and in the City Compensation Plan.

 

Except for LEOFF I members, all regular full or part-time employees of the Department earn sick leave.  Special provisions relating to sick leave may be found in the collective bargaining agreement negotiated by the employees' guild or union.

 

Notification of Supervisor

 

Any employee unable to report for duty due to illness or injury must notify his/her immediate supervisor of the necessary absence at least two hours prior to the employee's scheduled duty time.

 

Incapacitation or a sudden onset of injury/illness, or other emergency circumstance is sufficient cause for departure from the above two-hour requirement. If the employee's immediate supervisor is unavailable, the employee is to notify an on-duty supervisor of the necessary absence, and it will be the responsibility of the notified supervisor to inform the employee's immediate supervisor.

 

If an on-duty supervisor is not available, the employee will notify an on-duty commander of the prospective absence.

If the employee is unable to communicate with any supervisor or commander, the employee shall leave notice of the prospective absence with any on-duty employee and request a telephone call from an on-duty supervisor or commander.  The responsibility will be that of the employee to contact an on-duty supervisor or commander.

 

Physician's Statement

 

All employees absent from duty in excess of four 10-hour working days, or five 8-hour working days must provide a written statement, signed by a physician, concerning the nature and degree of the employee's illness/injury.

 

Examination by Physician

 

An examination of any employee by a physician may be ordered by a Captain or higher ranking officer at any time following the day of an employee's absence for illness or injury, or for any employee with a history of repetitive absences for illness/injury. When an employee is required to comply with any such required examination, the examination will be paid for by the Department.

 

Illness or Injury Provisions Applicable Only To LEOFF I Members

 

LEOFF I officers must complete and file a LEOFF disability leave application for each period of time the officer is absent due to illness/injury.

 

The disability leave application must be filed within 24 working hours after the LEOFF I officer returns to duty.

 

If the disability leave extends beyond five consecutive 10-hour work days, or seven consecutive 8-hour work days, then the disability leave will be considered a prolonged absence.  In the event of a prolonged absence, the disability leave application must be filed prior to the last calendar day of each month during which the prolonged absence continues.

 

Failure to file a disability leave application within the required time may result in the City withholding from the officer's pay an amount sufficient to repay the City for pay the officer received while absent for illness/injury.

 

If a LEOFF I officer is on disability leave, the officer may be required to be examined by the Disability Board physician.

 

Appointments for this purpose must be scheduled through the Disability Board Secretary.  Any request to the Disability Board Secretary for the medical examination for a LEOFF I officer must be made by a Captain or higher ranking officer.

 

An examination of any officer by the Disability Board physician may be ordered at any time after the initiation of an officer's absence for illness/injury, or for any officer with a history of repetitive absences for illness/injury, and the officer must comply therewith.

 

In accord with Chapter 36.21 RCW and WAC 415-105, any LEOFF I officer who suffers a physical injury and the prognosis is for full recovery may be conditionally returned to duty prior to full physical recovery for a reasonable trial service period not to exceed 180 days if:

 

v     There is an available position with the Department for which the officer is qualified and which an officer of his/her rank might normally be assigned; and

 

v     The Disability Board Physician or other medical authority to whom the officer has been referred by the Department certifies in writing to the Chief of Police that, with reasonable medical certainty, the disability arising from the injury is not permanent in nature and the officer will, barring re-injury, fully recover within no more than six months from the date of injury; and

 

v     The Disability Board determines that the officer is capable of discharging, with average efficiency, the duties of the available position.

 

On-Duty Injury/Illness 

 

Any employee suffering injury or illness as a direct result of work being performed by the employee while in the employment of the City of Bellevue will:

 

v     Immediately report the injury/illness to his/her supervisor, and

 

v     Complete a report of the incident

 

The Chief of Police is to be verbally notified (via Chain of Command) of any injury to an employee.  A copy of the completed employee's injury report will be kept by the employee’s Supervisor and the original will be forwarded to the City Risk Management Office. 

 

An on the job injury/illness becomes a Worker's Compensation Claim when the employee receives medical treatment or medication as a direct result of the injury/illness.  In addition to reporting the incident, an employee will physically go to the Risk Management Office as soon as possible after treatment (8:00 am - 5:00 pm weekdays) and complete the required self-insurance injury/illness report forms.

 

If the employee cannot physically report, the supervisor's responsibility is to notify Risk Management immediately so the Worker's Compensation claim forms may be completed.

 

Modified (Light) Duty

 

Working employees are the Department’s most valuable resource.  Absences due to injury, illness or pregnancy are a component of the Department’s operation and budget. There may be times when the Department has specific tasks or assignments of a limited duration (Light Duty Assignments) that can be performed by employees who cannot perform the essential functions of their position due to illness, injury or pregnancy.  The Department may offer a LEOFF II member who becomes sick, injured or pregnant a light duty assignment consistent with the needs and operations of the Department as determined by the Chief.

 

Note:  The Chief of Police will have the sole discretion to create, maintain or eliminate light duty assignments.  There is no employee right to a light duty assignment.

 

v      Eligibility for Light Duty Status

 

Employees will be eligible for light duty status when:

 

1.       The employee has an illness, injury, or pregnancy which prevents them from working in their regular assignment;

 

2.       The employee’s health care provider releases the employee to perform employer determined available specific tasks or projects; and

 

3.       The employee obtains a written medical prognosis of return to full duty of six months or less from date of identified need for absence or placement in light duty assignment (except for pregnancy).

 

v      Length of Light Duty Assignment

 

The Employer shall have the discretion to determine the length of the light duty assignment (or length of extension of a light duty assignment) consistent with the time limitations set out below.  In no event shall the light duty assignment exceed a total of six months beginning from the date of the first assignment to light duty for the illness, disability and/or injury giving rise to the need for the light duty assignment.

 

v      Procedure For Placement In Light Duty Assignment

 

The employee shall:

 

1.       Make a written request for a light duty assignment or extension of light duty assignment to his/her immediate supervisor who will forward it to the PSU Commander via the chain of command.

 

2.       Complete all required Human Resources documents before being placed in a light duty assignment.

 

3.       Obtain a health care provider certification that:

 

a)                    Releases the employee to work in the Light Duty Assignment,

 

b)                    Lists all restrictions and conditions for work; and,

 

c)      States the medical prognosis for when the employee will be able to perform the essential functions of his/her regular position with or without reasonable accommodation

 

The Department reserves the right to determine, from a city-appointed health care provider, at city expense, whether the employee can perform the light duty assignment.  The Personnel Services Commander, with the assistance of Human Resources, will determine if any light duty assignments exist for which the employee qualifies. 

 

v      Light Duty Placement

 

Officers on light duty will not wear their uniform, drive a marked patrol car or perform any arrest function or suspect contact.

 

The PSU Commander will determine (along with the shift commander where appropriate) the Light duty shift hours.  The shift need not be the same as those worked during the officer’s regular full duty assignment.

 

Officers will be paid their regular hourly rate of pay while working in the Light Duty Assignment.

 

The PSU Commander is responsible for monitoring the time an officer spends on light duty, maintaining records of officers on light duty, coordinating with other city departments such as Risk Management and Human Resources, ensuring the officer has appropriate supervision and ensuring the least amount of time necessary is spent on light duty before resuming their full duty assignment.

 

Return to Full Duty

 

Upon returning to full-duty status after an extended absence, the Department expects its employees to bring their job knowledge and skills levels up-to-date.

 

Employees returning to full duty from an extended absence are to be governed by this procedure.

 

Commissioned Officers and Police Support Officers

 

Any Officer/PSO absent from full duty for 6 months or more, will report to the Personnel Services Unit on the first day of his/her return to receive updated training and to review and update personnel records.

 

Officer/PSO will provide current physician certification of ability to return to full duty.

 

Updated training will include, but not be limited to:

 

v     Firearm’s qualifications

 

v     Defensive tactics refresher training

 

v     Policy and procedure review

 

v     Other mandatory in-service training missed during their absence

 

Personnel records update will include, but not be limited to:

 

v     Updating Department personnel records

 

v     Updating emergency notification forms

 

An officer/PSO absent from full duty for two years but less than five years will be required to satisfactorily complete the appropriate Washington State Criminal Justice Training Commission equivalency academy before being given any duty assignment requiring commissioned authority.  Those absent from full duty for more than five years will be required to complete the full Basic Law Enforcement Academy (BLEA).

 

Uniforms and equipment will be checked and reissued if necessary.

 

Returning officers are instructed to contact the Personnel Services Unit before the first date of their return for instruction on what equipment is needed for training sessions and what documents are needed for personnel records update.

 

The officer’s Section Commander is responsible for:

 

v     Notifying the officer of the requirements of this procedure and reporting date

 

v     Notifying the Personnel Services Unit as timely as possible of the anticipated return date and need for updated training and personnel records review/updating

 

Civilian Personnel

 

Civilian employees must provide the Department with a physician’s certification of the ability to return to full duty work status.

 

Salary Reimbursement for Recuperative Leave

 

Employees who are injured on or off-duty have a right to pursue civil redress to compensate them for injuries and/or lost time for recuperative leave.  The Department is also entitled to compensation for lost employee time for recuperative leave.  Any employee intending to seek civil redress on their own must notify in writing the Chief of Police of their intent to do so.

 

An employee who is contacted by an insurer regarding an insurance settlement for injuries, which required the employee to be absent from work on recuperative leave, will advise the insurer that any settlement must include an amount sufficient to enable the employee to reimburse the City for salary it paid the employee during the recuperative period.

 

The employee will obtain a statement from the insurer verifying that the settlement amount offered includes payment of salary while on recuperative leave and file the statement with the Chief of Police.

 

Upon receipt of any settlement, the employee will reimburse the City for salary paid to the extent included in the settlement, not to exceed the amount paid in salary by the City during the employee's recuperative leave.

 

Should the insurer's statement indicate that no payment of salary is included in the settlement; no reimbursement will be required of the employee.  The Department will pursue all available legal remedies to recover the loss it has suffered as a result of the insured's negligence.

 

Use of administrative leave related to disciplinary actions is covered elsewhere in this manual.

 

Administrative Leave     (CALEA 22.2.1)

 

All uses of administrative leave require authorization by the Chief of Police.

 

Requests for administrative leave must be submitted in writing via the chain of command.

 

Examples of administrative leave include but are not limited to sabbatical, temporary leaves of absence, and extended training leave.

 

Accrual and use of holiday time, vacation time, and sick leave are either covered by current bargaining unit contracts or the City Human Resources Department Policies, depending upon an employee’s membership or non-membership in a bargaining unit. 

 

Temporary Relief of Duty

 

A supervisor may temporarily relieve an employee from duty with pay.  Examples of reasons for relief from duty with pay include, but are not limited to - fatigue, unfit for duty due to emotional problems, or other violations of policy, procedure, rules and regulations.

 

The supervisor will contact the employee’s Deputy Chief via the chain of command of the fact and basis for the relief unless an emergency exists and immediate removal of the employee is necessary.  In the case of an emergency the supervisor will notify the employee’s Deputy Chief, via the chain of command, as soon as possible.

 

The employee will be ordered to report to the Deputy Chief of their Division at 10:00 a.m. the next working day.  The supervisor ordering the relief from duty will immediately notify the appropriate Commander, Deputy Chief, and Chief of Police.  The supervisor will write a detailed report.

 

Notifications, if any, required by Civil Service Rules, City of Bellevue HR poli­cies or bargaining unit contract will be provided.

 

Appeals concerning suspension, demotion, and dismissal will follow the procedures set forth in the current bargaining unit agreements, this policy, and/or, where applicable, Civil Service Rules, City HR Policies and Procedures.  Appeals of written reprimands will be in accordance with current bargaining unit agreements and/or City HR Policies and Procedures.

 

Jury Duty

 

Jury duty is covered by both City Human Resource Department Policy and current bargaining unit contracts.