Reso 2020-3124 - Laserfiche WebLink

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ARTICLE 31 PERIODIC PHYSICAL EXAMINATIONS Section 1. The City and the Association recognize the importance of continuing physical and mental fitness for police officers. The City shall have the right and authority to evaluate employees to determine if they are fit for duty, as permitted by applicable federal, state, and local laws. Section 2. A physical examination will be conducted every three (3) years on each employee's anniversary date of hire. The first physical examination will be scheduled upon execution of this Agreement; provided, however, that employees hired within the past twelve (12) months will be granted an extension until the employee's third anniversary date of hire. If it is determined by the physician or the City to be necessary, testing may be required on a more frequent basis. Physical examinations will be conducted by a physician or medical facility chosen by the City. The physical examination will consist of a routine medical evaluation, urinalysis, EKG, standard blood tests, and may include other tests deemed appropriate by the City or the Physician. A written copy of the results of the physical examination will be provided to the employee in a timely fashion, once received by the City. The City will pay for the costs of the physical examination. All time spent by employees submitting to testing or examinations will be considered hours worked and paid in accordance with Article 16. Section 3. An employee shall be required to undergo an examination to determine his/her continuing mental fitness for duty whenever a superior officer reasonably believes, based upon objective considerations, that there is a legitimate concern regarding the employee's mental fitness for duty. The supervisor shall be required to put the "objective considerations" and reasons for their concern in writing and provide a copy to the employee prior to any examination. Such an examination will be coordinated and approved by the Police Chief (or designee) and the Human Resources Director (or designee). Section 4. An employee, who after examination is determined by the Physician to be unable to perform the essential functions of his or her position, as those functions are determined by the City and the State of Florida, will be provided a reasonable amount of time to satisfactorily perform those functions. The essential functions shall be in writing in the employee's job description. The City shall comply with all federal, state, and local laws regarding the rights of rights of injured or disabled employees. In the event the employee is found unfit for duty and remedial recommendations are made to assist the employee in returning to full duty, the employee may be reassigned or placed on paid administrative leave for a reasonable period based on the physicians recommendations. After the expiration of the reasonable period of time recommended by the treating Physician, if the employee is not released to full duty, the employee will receive all work benefits related to the injuries or illnesses and be permitted to use accrued paid leave time or unpaid leave necessary to complete any treatment necessary to return the employee to full duty, up to the limits set forth in the Family and Medical Leave Act (FMLA), this Agreement, or City policy. If the employee's condition is a qualifying event for FMLA purposes, the entire leave time will be considered FMLA leave, including the time the employee was on paid administrative leave. -39-