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and the employee will not be allowed to use accrued sick or vacation leave to <br /> supplement workers' compensation indemnity. <br /> 11. Once maximum medical improvement (MMI) has been reached, the employee <br /> shall be returned to their regular position unless the employee is unable to perform <br /> an essential job function of the position. If the employee is unable to perform an <br /> essential job function and has a qualifying condition that may substantially limits <br /> one or more life function(s); the employee should contact Human Resources. If the <br /> employee cannot perform the essential functions of the position after MMI and <br /> proper certification is received for a qualifying condition under the Americans with <br /> Disabilities Act (ADA); the City will consider all requests for reasonable <br /> accommodations. <br /> 12. Return to Light Duty or Alternate Duty. When the City has been advised that <br /> the employee is entitled to receive a temporary partial disability benefit or a <br /> temporary total disability benefit, and there is medical certification that the <br /> employee cannot perform the duties of the employee's regular position, but the <br /> employee can perform some work beneficial to the City, the Department Director <br /> may return the employee to light and/or alternate duty at his/her regular rate of pay <br /> to perform any duties the employee is capable of carrying out, subject to the <br /> following conditions: <br /> a. Under no circumstances shall the employee be allowed to continue to <br /> perform the alternate duties once maximum medical improvement has been <br /> reached unless appointed to another existing and open position, the duties <br /> of which are within the employee's restrictions. <br /> b. Light and/or alternate duty is at the sole discretion of the City and is based <br /> on the operational needs and requirements of the City. No alternate duty <br /> positions will be created in the absence of an operational need or <br /> requirement. <br /> 13. An employee has a maximum period of fifty-two (52) consecutive weeks of <br /> workers' compensation disability leave. After the fifty-two (52) week period the <br /> employee must return to the essential duties of the employee's position with or <br /> without reasonable accommodation. The ability to perform the essential duties of <br /> a position shall be determined by the City on the basis of medical information <br /> provided by the employee's treating physician. If an employee returns to work <br /> before the end of fifty-two (52) weeks of workers' compensation leave and <br /> subsequently has a recurrence of the same illness/injury/disability or one of a <br /> different nature within thirty (30) days after his/her return to work and is once again <br /> placed on workers' compensation leave, the workers' compensation leave will <br /> continue where it left off. (Example: An employee who returns to work after twenty <br /> (20) weeks of workers' compensation leave and then returns to workers' <br /> compensation leave within thirty (30) days will only have twenty-two (22) workers' <br /> compensation leave weeks remaining to use.) The failure of an employee to return <br /> Policy 703:2—Workers' Compensation Leve Page 3 of 4 <br /> 102 <br />