§ 4.40. Physical Examination.

A.

After an offer of an appointment to a position, the city may require an applicant to pass a physical examination conducted by a city-approved medical provider at city expense.

B.

If the City Manager or department head has reason to believe that a current employee has a physical or mental condition which substantially interferes with the employee's ability to perform the essential functions of his/her position in a safe and proficient manner, with the prior written approval of legal counsel, may in writing require the employee to submit to a fitness for duty examination. If the city selects the medical or mental health professional, the city shall pay for the fitness for duty examination. If the employee elects to obtain a second opinion it will be at the employee's expense.

C.

If an employee suffers an injury or illness which prevents the employee from fully performing his/her essential functions of the job, the employee's department head may offer the employee light duty, if such light duty work is available, where such is approved in writing by the City Manager and a medical or mental health professional has released the employee for such light duty.

Light duty may be assigned in a department other than the employee's home department with the concurrence of the receiving department head. Light duty may not last longer than 179 calendar days. The employee's department shall pay for all light duty pay if the employee works in a different department, at the discretion of the City Manager. If light duty is not available, the employee must remain off the job until released by a medical or mental health professional to perform the essential functions of his/her position with or without accommodation. When the employee is able to perform the essential functions of the position and a medical or mental health professional's written release to that effect has been received by City Manager, the employee shall be reassigned to the normal position in due course provided that (1) the medical release is received within 18 weeks of notice of the injury or illness, and (2) the position still exists and is not then filled by a regular employee who is not in a promotional probationary period.

D.

If an employee is unable to perform essential job functions due to injury or illness, the employee shall advise his or her department head in writing on a weekly basis (minimum) of the status of the ability to return to work and perform the essential functions of the position. Failure to do so may be grounds for discipline up to and including termination.