HomeMy WebLinkAboutResolution 4420-03-2015 I
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A Resolution
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NO. 4420-03-2015
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REGARDING OCCUPATIONAL LEAVE FOR POLICE OFFICERS r
AND FIRE FIGHTERS
WHEREAS, in 1947, the qualified voters of the City of Fort Worth adopted what
was known as Article 1269m of the Annotated Civil Statutes to govern certain aspects of
the employment of fire fighters and police officers; and
WHEREAS, Article 1269m of the Annotated Civil Statutes was later codified as
Chapter 143 of the Texas Local Government Code (TLGC); and
WHEREAS, Section 143.073 of the TLGC provides that municipalities shall
provide to fire fighters and police officers a leave of absence for illnesses and injuries
related to the person's line of duty, commensurate with the nature of the illness or !
injury, for at least one year, and that at the end of the one-year period, the municipality's II
governing body may extend the line of duty illness or injury leave at full or reduced pay; I
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WHEREAS, the City Council desires to ensure financial stability for fire fighters
and police officers while they recuperate from job-related illnesses and injuries
granting occupational leave under Section 143.073 of the TLGC; and
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WHEREAS, the City Council recognizes that the City of Fort Worth provides
several viable options other than continuation of occupational leave for fire fighters and
police officers who, after a reasonable amount of time, are unable to return to work in
the civil service, with or without an accommodation; and
WHEREAS, with only few exceptions, two years' time has long been recognized
by Texas labor statutes as a period in which recoveries from job-related illnesses and
injuries, if possible, can be accomplished; and
WHEREAS, the City Council is mindful of the staffing needs of the fire and
police departments, the ever growing demand for the services these departments provide,
and the requirement that the City conduct its business in a fiscally responsible manner;
and
WHEREAS, the City Council strives to provide consistency in its decisions;
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FORT WORTIi
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Resolution No.4420-03-2015 t
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
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1. On a going-forward basis, in lieu of individual extension requests that can be
granted by the City Council under Section 143.073 of the TLGC, fire fighters
and police officers with medically-documented job-related illnesses or injuries
will be granted up to two years of occupational leave per each job-related
illness or injury (commensurate with the injury or illness, and as medically °
necessary and related to the compensable illness or injury) which may be used
intermittently;
2. The two-year period shall include the first year of leave to which they may be
entitled to under Section 143.073 of the TLGC (commensurate with the injury
or illness, and as medically necessary and related to the compensable illness or
injury) and any extensions previously granted by the City Council; and I
3. The only exception to the two-year limitation shall be in situations where, at
the time the two-year period ends, the fire fighter or police officer has not yet R
reached Maximum Medical Improvement (MMI) as provided for under Section
408.104 of the Texas Labor Code which is currently limited to spinal surgery.
In these instances, occupational leave will be available until MMI is reached.
4. Per Chapter 143 of the TLGC, any requests for extensions from the governing I
body for additional leave beyond the two-year limitation will be the
responsibility of the individl al fire fighter or police officer.
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Adopted this 3 Y
rd day of March, 2015. l
ATTEST: ���0�® a a� i
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By:
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° °Mary Kayser, ca ooa
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