1005 - Absence From Work

Question 1

Who shall be responsible for:

1. Carrying out the duties set forth in this document and all City policies referenced in this document
2. Acting as a liaison and coordinating with Human Resources staff, TFD staff and employees regarding all Workers’ Compensation issues, off–the- job injury and illness sick leave, PTO, PTU, FMLA, other attendance related issues and the Tacoma Firefighters Disability and Pension Board (Pension Board)
3. Overseeing and monitoring the administration of sick leave, PTO, PTU, FMLA and disability leave time keeping and other attendance related documentation for all TFD personnel, including timely Medical Fitness Reports and Fitness for Duty examinations
4. Monitoring the status of all TFD leave cases and arranging for them to be processed by the appropriate entity in a timely manner
5. Coordinating requested and approved eligibility for FMLA and other attendance related leave for TFD personnel
6. Coordinating requested and approved accommodation for FMLA and other attendance related leave for TFD personnel
7. Coordinating with other Chief Officers, Division Managers, and Supervisors for leave related issues
8. Maintaining this document

Answer 1

The Assistant Chief of Administration and Support Services

Question 2

Who shall be responsible for:

1. Carrying out the duties set forth in this document
2. Coordinating with the Assistant Chief of Administration and Support regarding Workers’ Compensation and off-the-job injuries and illnesses for employees within their respective bureaus
3. Administering the operational aspects of sick leave, PTO, PTU, FMLA, disability and other attendance related issues within their respective bureaus
4. Ensuring an accurate and efficient reporting system is in place to track all types of work absence for personnel assigned to their respective bureaus
5. Recognizing and/or reporting the obvious need for staff disability accommodation and/or eligibility for FMLA coverage for personnel assigned to their respective bureaus
6. Reporting personnel issues that may qualify for FMLA or other attendance related leave to the Assistant Chief of Administration and Support Services
7. Consulting with the Assistant Chief of Administration and Support Services regarding individual cases as necessary

Answer 2

TFD Bureau Chiefs

Question 3

Who shall be responsible for:

1. Carrying out the duties set forth in this document
2. Coordinating with the Assistant Chief of Administration and Support Services regarding Workers’ Compensation and off-the-job injuries and illnesses
3. Administering the operational aspects of sick leave, PTO, PTU, FMLA, disability leave and other attendance related issues, including timely Medical Fitness Reports and Fitness for Duty documentation, within their respective divisions
4. Reporting personnel issues that may qualify for FMLA or other attendance related leave to the Assistant Chief of Administration and Support Services

Answer 3

All Division Chiefs and Managers

Question 4

Who shall be responsible for:

1. Carrying out the duties set forth in this document
2. Ensuring the accuracy and efficiency of the TFD sick line (KISS line) reporting system
3. Contacting employees who are sick or injured more than two consecutive shifts to determine status and expected return to work date
4. Ensuring timely completion and submission of OJI documentation by those under their supervision
5. Requiring employees to provide timely Medical Fitness Reports and other documentation as necessary
6. Reporting personnel issues that may qualify for FMLA or other attendance related leave to the Assistant Chief of Administration and Support Services

Answer 4

All Battalion Chiefs

Question 5

Who shall be responsible for:

1. Carrying out the duties set forth in this document
2. Reporting personnel issues that may qualify for FMLA or other attendance related leave to the Assistant Chief of Administration and Support Services

Answer 5

Company Officers and Paramedic Supervisors

Question 6

shall be responsible for:

1. Identifying absences in excess of four working days or two 24-hour shifts
2. Reporting those absences to the Assistant Chief of Administration and Support Services and City Risk Management personnel

Answer 6

The TFD timekeeper

Question 7

Who shall be responsible for:

1. Carrying out the duties set forth in this document
2. Using sick leave, PTO, PTU, FMLA, Workers’ Compensation and other attendance related leave only when appropriate and in accordance with the Tacoma Municipal Code and/or TFD policy
3. Providing timely notification of the need for absence from work in accordance with the guidelines set forth in this document and all other relevant laws, rules and regulations
4. Truthfully, accurately and promptly completing and submitting all required paperwork associated with his/her absence from work
5. Ensuring his/her health care provider (HCP) completes and submits absence-related forms in a timely manner, as required 6. 6. Alerting his/her supervisor of any need for FMLA or other attendance related leave as soon as the need is known or foreseeable
6. Scheduling any needed or required medical appointments in accordance with the guidelines set forth in this document
7. Attending independent medical examination (IME) and other appointments as directed
8. Updating the Assistant Chief of Administration and Support Services (or his/her designee) and his/her own supervisor in a timely fashion as required, including notification of his/her expected date of return to work after any sick leave, PTO, PTU, FMLA or approved unpaid leave
9. Keeping his/her contact information updated so s/he can be reached if necessary while on sick leave, PTO, PTU or approved unpaid leave in accordance with the guidelines set forth in TFD Policy 1002
10. Caring for his/herself on and off duty in accordance with HCP recommendations and in a manner that avoids exacerbation of the injury or illness and enhances rapid recovery
11. Immediately reporting to the Assistant Chief of Administration and Support Services or his/her designee when released for transitional assignment or full duty in accordance with the guidelines set forth in TFD Policy 1015

Answer 7

All TFD personnel

Question 8

What is IME?

Answer 8

Independent medical examination.

Question 9

LEOFF employee.

There are three types of LEOFF employees:

Answer 9

1. “LEOFF I members with prior rights” are individuals employed under the old 41.18 pension act and actively employed on March 1, 1970, when LEOFF I came into existence
2. “LEOFF I members with no prior rights” are individuals hired after March 1, 1970 and prior to October 1, 1977
3. LEOFF II members are individuals hired on or after October 1, 1977

Question 10

What is a MFR?

Answer 10

Medical Fitness Report.

Question 11

Unacceptable patterns of absence. These include, but are not limited to:

Answer 11

1. Employees who go into “leave without pay” status due to frequent and/or unexplained, unprotected absences AND/OR
2. Employees who use sick leave or PTU:
   a. Immediately prior to, in between or after an off shift period, vacation, holiday or a shift trade
   b. When no shift trade could be secured
   c. When vacation/holiday time was requested but not available
   d. When a shift falls on a debit day, holiday or day before, during or after a weekend

Question 12

The following TFD employees are members of the PTO (Personal Time Off) plan rather than the vacation/sick leave plans:

Answer 12

a. All unrepresented employees hired after June 1, 1998
b. Represented employees when so authorized in a collective bargaining agreement
c. Unrepresented employees hired before June 1, 1998 who elected to transfer from the vacation/sick leave plans to the PTO plan
d. Represented employees who elected to join the PTO plan while in an appointive position and who have returned to represented status and have not opted to return to the vacation/sick leave plan authorized in their collective bargaining agreement

Question 13

All TFD employees who are absent from work for more than four working days or two 24-hour shifts shall:

Answer 13

a. Obtain an MFR stating the reason for his/her absence and signed by his/her HCP
b. Immediately deliver the MFR in person or by fax to TFD Headquarters prior to returning to duty
c. Provide any additional MFR documentation as requested by TFD Administration

Question 14

2. Sick leave, PTO and PTU may be taken for the following:

Answer 14

a. Injury or illness to the employee
b. Medical and dental care for the employee i. This does not apply to uniformed field personnel
c. The first three days of an injury if not eligible for Workers’ Compensation
d. As a supplement to Workers’ Compensation absence after the 120 day supplementary job injury benefits provided by City ordinance
e. Armed Forces pre-induction physical
f. Illness or disability due to pregnancy or conditions related to pregnancy
g. To care for a child of the employee with a health condition that requires treatment or supervision
h. To care for a spouse, State-registered domestic partner, parent, parent-in-law or grandparent of an employee with a serious health condition or an emergency condition

Question 15

LEOFF I employees shall submit a PER 879 to his/her supervisor with:

Answer 15

a written explanation for the absence for each absence

Question 16

Any absence of more than four working days or two 24-hour shifts requires an:

Answer 16

HCP signature on the PER 879

a. This form must be submitted within one week of going off duty

Question 17

LEOFF I employees shall not return to full duty after an absence of more than 30 days without a:

Answer 17

FIR 139 completed by an HCP

Question 18

All questions regarding use of PTO by LEOFF I employees for anything other than vacation shall be referred to:

Answer 18

the Pension Board Coordinator in the City’s Human Resources Department

Question 19

In accordance with the Local #31 collective bargaining agreement, LEOFF II personnel working 24-hour shift schedules, with the exception of FCC personnel, shall be debited sick leave at a ratio of _________ for each 24-hour shift that s/he is off.

Answer 19

16 hours

Question 20

FCC and uniformed day shift personnel shall be charged sick leave hour for hour for the time s/he is off.
True or false?

Answer 20

True

Question 21

Non-uniformed employees shall be charged actual hours of sick leave taken.
True or false?

Answer 21

True

Question 22

Factors that may initiate a review of leave usage may include:

Answer 22

a. Timing of the leave
b. Frequency and purpose of use, including use for dependents
c. Effect on employee job performance
d. Usage explanations that do not appear to be truthful
e. Usage that does not have required supporting documentation

Question 23

Unacceptable patterns of absenteeism that interfere with job performance may subject employees to:

Answer 23

corrective action

Question 24

The ___________, in consultation with the ______________, may then meet with an employee to review the unusual or unexplained leave usage and to outline expectations for the employee to correct unacceptable patterns of absence.

Answer 24

Bureau Chief

Assistant Chief of Administration and Support Services

Question 25

Employees who fail to correct unacceptable patterns of absence may be subject to further actions, including but not limited to:

Answer 25

a. Suspension of trade privileges
b. Removal from overtime callback lists
c. Requirement to submit documentation from an HCP for each absence
d. Other disciplinary actions, up to and including termination

Question 26

FMLA Leave Usage

1. Employees may take FMLA leave for these reasons:

Answer 26

a. The birth or adoption of a child and to care of the child within the first 12 months
b. Placement of an adopted child or foster child (within the first 12 months)
c. To care for the employee’s spouse, child, or parent with a serious health condition
d. For the serious health condition of the employee that renders the employee temporarily unable to perform one or more essential functions of his/her position
e. To handle certain exigencies when the employee or qualified family member is on active military duty or has been notified of an impending call to active duty status
f. To care for a family member who is a service member and has a serious injury or illness incurred in the line of duty on active duty that may render him/her medically unfit to perform his/her duties

Question 27

When an employee chooses to take FMLA leave instead of transitional assignment for a non-Workers’ Compensation issue, s/he shall:

Answer 27

a. Be responsible for determining if s/he qualifies for FMLA before declining the transitional duty assignment
b. Use all his/her available accrued paid leave (e.g., sick, vacation, holiday) to remain in paid status

Question 28

Guidelines for Workers’ Compensation for LEOFF II and Non-uniformed Employees

Answer 28

1. All TFD personnel shall report OJIs in accordance with the guidelines set forth in TFD Policy 5013
2. The employee and supervisor shall complete all required OJI paperwork in accordance with the guidelines set forth in TFD Policy 5013
3. LEOFF I employees whose OJI benefits are administered through the Pension Board shall not initiate a Workers’ Compensation claim
4. In addition, employees who suspect they have been exposed to blood or other potentially infectious materials in the workplace shall follow the guidelines and procedures set forth in TFD Policy 3505
5. Employees shall notify the Assistant Chief of Administration and Support Services when released for transitional assignment for a Workers’ Compensation illness or injury immediately upon receipt of such release from his/her HCP, in accordance with the guidelines set forth in TFD Policy 1015
6. Failure to report for transitional assignment may result in disciplinary action and loss of Workers’ Compensation time loss benefits
7. Employees who return to full duty from either complete incapacity or transitional assignment shall submit, prior to returning to work, an MFR from his/her HCP stating the date s/he is released to full duty without restrictions
8. Employees who return to work and then must return to OJI status for the same injury shall immediately contact:
   a. Assistant Chief of Administration and Support Services
   b. City’s Workers’ Compensation Coordinator

Question 29

Administering Workers’ Compensation for LEOFF II and Non-uniformed Employees

Answer 29

1. The City of Tacoma is self-insured and therefore pays all medical costs and lost wages to its employees
2. Any employee with OJI status will be paid, including supplemental pay, in accordance with Washington State Industrial Insurance laws as administered by the City’s Human Resources Department, Workers’ Compensation Division
3. Employees are charged sick leave or PTU for the first three days of a Workers’ Compensation injury or illness
4. If an employee is off more than 14 days as a result of the Workers’ Compensation injury or illness, 85% of the value of those first three days is credited back to the employee
5. The City’s Workers’ Compensation Division will also:
   a. Provide the injured worker or attending HCP with the required self- insurance forms for medical billing
   b. Establish the proper amount of benefit payment, wages and medical bills and process accordingly
6. If eligibility for payment is denied as a Workers’ Compensation claim, the employee shall be eligible to use sick leave, vacation, or PTO accruals, if any, retroactive to the date of injury, subject to the provisions of the relevant sections of the Tacoma Municipal Code and in accordance with the guidelines set forth in this document
7. In any OJI situation where a TFD employee is required to undergo an independent medical examination; the HCP will be chosen from the approved examiner list established by the Department of Labor and Industries

Question 30

Guidelines for Leaves of Absence Without Pay

Answer 30

1. Employees may submit written requests for a leave of absence without pay to the Fire Chief
   a. Requests for leave without pay to accept employment outside the City of Tacoma shall not be approved, except in unusual circumstances, as determined by the Fire Chief
2. When circumstances warrant, the Fire Chief may grant a leave of absence without pay:
   a. For a period not to exceed 15 calendar days in any one calendar year OR b. For up to one year at his/her discretion, when granting such leave is in the best interests of the City
3. The Fire Chief shall not grant a leave of absence without pay without a written request from an employee submitted in advance of the start of the requested leave
4. The Fire Chief may grant an extension of a leave without pay for a specified period of time, not to exceed six months, upon the written submission of such a request from the employee
5. Full-time employees who request a leave of absence without pay on a regular basis may be designated as part-time employees
   a. Availability of permanent part-time positions is at the discretion of the Fire Chief
   b. Employees designated as permanent part-time employees, may have benefits pro-rated on the basis of hours budgeted to work in accordance with City policy

Question 31

Guidelines for Military Caregiver Leave

Answer 31

1. Eligible employees may take FMLA leave to care for a family member who is a military service member recovering from a serious illness or injury sustained in the line of active military duty a. Such requests require proper documentation before approval is granted
2. Employees using this leave are entitled to a combined total of 26 weeks of all types of FMLA leave in a single 12-month period in accordance with 29 CFR 825.102
3. Questions regarding military caregiver leave shall be directed to the City of Tacoma’s FMLA coordinator

Question 32

Relieving Employees from Duty

Answer 32

1. Supervisors shall promptly relieve from duty any TFD uniformed employee who is or appears to be unable to perform the essential functions of his/her job
2. The Assistant Chief of Administration and Support Services or an appropriate supervisor who has consulted with a Bureau or Division Chief shall relieve from duty any non-uniformed employee when it appears that s/he is unable to perform the essential functions of his/her job
3. Employees shall remove themselves from duty if unable to carry out the essential functions of his/her position
   a. Employees shall notify his/her supervisor prior to leaving the workplace
4. All supervisors shall ensure that the appropriate Bureau Chief is notified of all cases where an employee is sent home or voluntarily leaves the workplace due to an inability to perform the essential functions of his/her job

Question 33

PROCEDURE FOR SICK LEAVE AND PTU REPORTING

Uniformed Field Personnel

Answer 33

1. Call the KISS line prior to 0615 hours 2. Speak clearly and provide the following information:
   a. Name
   b. Shift
   c. Payroll station
   d. Nature of problem
   e. Date(s) of absence from work
   f. Date returning to duty, if known
2. If the KISS line is not operational, contact the on-duty Battalion 1 Chief a. If Battalion 1 is not available, contact the on-duty Battalion 2 or 3 Chief
3. While off work, respond to any inquiries from the Bureau, Division, or Battalion Chief regarding reason for absence and return to work dates
4. If off more than two 24-hour shifts, including debit days and shift trades, submit a Medical Fitness Report (MFR) signed by an HCP, verifying reason for absence and ability to return to work

Question 34

PROCEDURE FOR SICK LEAVE AND PTU REPORTING

Uniformed Day Shift Personnel and Non-uniformed Employees

Answer 34

1. Report the need to be absent from work as follows:
   a. Headquarters staff—Call headquarters prior to 0745 hours
   b. Training staff—Call Training prior to 0700 hours
   c. Prevention and Preparedness Bureau staff—Follow guidelines set forth in TFD Policy 6603
   d. Electrical Maintenance staff—Call Electrical Supervisor prior to 0700 hours
   e. Garage staff—Call Garage Supervisor prior to 0700 hours
2. If off more than four working days, immediately submit an MFR signed by a HCP verifying reason for absence and ability to return to work