TFD Absence Policy: Overview, Forms & Policies

Overview of TFD's Absence Policy

• The document establishes TFD's policy for managing employee absences in accordance with city, state, and federal laws
• Procedures for sick leave and Personal Time Off-Unplanned (PTU) reporting are included
• This policy applies to all Tacoma Fire Department personnel.
• TFD Policy 1005 replaces the previous policy, "Absence from Work," dated March 2011

Associated Forms

• PER 879: Application for Sick and/or Disability Benefits (for LEOFF I)
• FIR 139: Physician's Report on Tacoma Fire Department Employee (for LEOFF I)
• HRE 002: Supervisor's Report of Incident or Injury (for all employees)
• SIF-2: Self-Insurer Accident Report Form (for LEOFF II and Non-uniformed)
• Physician's Initial Report (for LEOFF II and Non-uniformed)
• MFR: Medical Fitness Report Return to Work Recommendations (for LEOFF II and Non-uniformed)

Related TFD Policies

• Reviewing these policies alongside TFD Policy 1005 can help provide more relevant context
• TFD vacation and holiday scheduling rules per the Special Order in effect
• TFD Policy 1001: Officer/Supervisor Duties
• TFD Policy 1002: Rules of Conduct
• TFD Policy 1003: EEO/Anti-Harassment and Anti-Discrimination
• TFD Policy 1010: Counseling and Discipline
• TFD Policy 1014: Pregnancy
• TFD Policy 1015: Transitional Assignment
• TFD Policy 3505: Exposure Control Plan for Bloodborne Pathogens
• TFD Policy 5013: Reporting On-the-Job Injury or Illness
• TFD Policy 6603: Attendance and Payroll

Responsibilities of the Assigned Administrative Chief

• Carrying out duties in accordance with the document and City policies
• Acting as a liaison and coordinating with HR, TFD staff, and employees on Workers’ Compensation, injuries, sick leave, PTO, PTU, FMLA, and attendance issues
• Overseeing sick leave, PTO, PTU, FMLA, disability leave, and attendance documentation for all TFD personnel, including timely Medical Fitness Reports and Fitness for Duty exams
• Monitoring the status of TFD leave cases and arranging for processing
• Coordinating approved eligibility for FMLA and related leave for TFD personnel
• Coordinating accommodations for FMLA and related leave for TFD personnel
• Coordinating with other Chief Officers, Division Managers, and Supervisors on leave issues
• Maintaining the document

Responsibilities of TFD Bureau Chiefs

• Carrying out the duties set forth in this document
• Coordinating with the Deputy Chief of Administration on workers' compensation, injuries, and illnesses within bureaus
• Administering sick leave, PTO, PTU, FMLA, disability, and attendance issues within bureaus
• Ensuring an accurate system to track all work absences for their personnel
• Recognizing and reporting the need for disability accommodations or FMLA eligibility
• Reporting personnel issues qualifying for FMLA or other leave to the Deputy Chief of Administration
• Consulting with the Deputy Chief of Administration on individual cases

Responsibilities of All Division Chiefs and Managers

• Carrying out the duties set forth in this document
• Coordinating with the Deputy Chief of Administration on workers' compensation, injuries, and illnesses
• Administering sick leave, PTO, PTU, FMLA, disability, and other attendance-related issues
• Reporting personnel issues that may qualify for FMLA or other attendance–related leave to the Deputy Chief of Administration

Responsibilities of All Battalion Chiefs

• Carrying out the duties set forth in this document
• Ensuring accuracy of the TFD sick line (KISS line) reporting system
• Contacting employees out sick or injured for more than two consecutive shifts to assess status and expected return date
• Ensuring timely completion/submission of On the Job Injury (OJI) documentation
• Requiring employees compliance with timely Medical Fitness Reports and other documentation
• Reporting personnel issues qualifying for FMLA or other attendance-related leave to the Deputy Chief of Administration

Responsibilities of All Company Officers and Paramedic Supervisors

• Carrying out the duties set forth in this document
• Reporting personnel issues that may qualify for FMLA or other attendance–related leave to the Deputy Chief of Administration

Responsibilities of the TFD Timekeeper

• Identifying absences over four working days or two 24-hour shifts
• Reporting those absences to the Deputy Chief of Administration and City Risk Management personnel

Responsibilities of All TFD Personnel

• Carrying out the duties set forth in this document
• Appropriately use sick leave, PTO, PTU, FMLA, Workers’ Compensation and other attendance in accordance with Tacoma Municipal Code and/or TFD policy
• Provide timely notification of absences in accordance with the document's guidelines and relevant laws/regulations
• Truthfully, accurately, and promptly complete/submit paperwork for absences
• Ensure their healthcare provider completes and submits absence–related forms as needed
• Alert their supervisor of any need for FMLA or other leave as soon as foreseeable
• Schedule needed medical appointments following the document's guidelines
• Attend IME (Independent Medical Examination) and other appointments as directed
• Updating the Deputy Chief of Administration (or designee) and their supervisor of return to work after sick leave, PTO, PTU, FMLA or approved unpaid leave
• Stay updated on contact information per TFD Policy 1002
• Practicing self-care per HCP advice to enhance recovery and prevent worsening the condition
• Immediately reporting for transitional assignment or full duty per TFD Policy 1015

Definitions

• Bureau Chief: Deputy Chief overseeing a TFD Bureau
• Chief Officer: Uniformed personnel holding the rank of Battalion Chief, Medical Services Officer, FCC Manager, Assistant Chief, Deputy Chief, or Fire Chief
• Division Chief/Manager: Chief Officer or a non-uniformed supervisor charged with oversight of a TFD Division
• FMLA: Family Medical Leave Act
• Health care providers (HCP): Doctors of medicine/osteopathy authorized to practice in the state, or state-licensed professionals (Podiatrist, Dentist, Clinical psychologist, Clinical social worker, Optometrist, Chiropractors, Nurse practitioners, Nurse-midwives), Christian Science practitioners, or any health care provider recognized by the employer's group health plan benefits manager
• IME: Independent medical examination
• KISS line: A call–taking device used by uniformed employees to report changes in their ability to work shifts
• LEOFF employee:
  • LEOFF I members with prior rights: employed under the old 41.18 pension act and actively employed on March 1, 1970
  • LEOFF I members with no prior rights: hired after March 1, 1970 and prior to October 1, 1977
  • LEOFF II members: hired on or after October 1, 1977
• MFR: Medical Fitness Report
• Non-uniformed employee: TFD employees hired into a position from an open list or appointed by the Fire Chief; also referred to as civilian employees
• OJI: On-the-job injury, illness, or disability
• Protected leave: Leave protected by City ordinance, state, or federal law
• PTO: Personal time off—Planned
• PTU: Personal time off—Unplanned
• Sick leave: Scheduled or unscheduled leave
• Transitional assignment: A temporary assignment for an employee who cannot perform their regular duties, but who is physically able to perform other functions necessary to department operations
• Unacceptable patterns of absence:
  • Employees who go into “leave without pay” status because of frequent/unexplained absences
  • Employees who use sick leave or PTU immediately before, in between, or after an off-shift period, vacation, holiday, a shift trade, or when no shift trade could be secured
  • When vacation/holiday time was requested but not available, or when a shift falls on a debit day, holiday, or day before, during, or after a weekend
• Uniformed day shift personnel: TFD uniformed personnel assigned to 40-hour, day shift work schedules
• Uniformed field personnel: Uniformed TFD employees, working 24-hour shifts, assigned to engine, ladder, squad, medic company, and battalion units; includes rovers and Fire Communications Center (FCC) personnel
• Unprotected leave: Leave not protected by City ordinance, state, or federal law
• Workers’ Compensation: Industrial insurance required by state law that provides benefits, including medical treatment and partial wage replacement for work-related injury/illness

References

• 29 CFR 825.102: FMLA Regulations
• RCW 10.99: Domestic Violence—Official Response
• RCW 38.40.060: Military Leave for Public Employees
• RCW 41.26: Law Enforcement Officers and Firefighters Retirement System
• RCW 49.76: Domestic Violence Leave
• RCW 49.77: Military Family Leave Act
• RCW 49.78: Family Leave
• RCW 51: Industrial Insurance (Workers’ Compensation Regulations)
• TMC 1.12.090: On–the–job injury
• TMC 1.12.230: Sick allowance with pay
• TMC 1.12.232: Sick allowance with pay—LEOFF I Police and Fire personnel
• TMC 1.12.240: Sick leave without pay
• TMC 1.12.248: Personal Time Off plan
• TMC 1.12.250: Leave with pay
• TMC 1.12.260: Military leave without pay
• TMC 1.12.270: Cancellation of leaves of absence
• TMC 1.24.870: Leave of absence without pay
• TMC 1.24.890: Resignation
• PMP 120: Family Medical Leave
• PMP 130: Anti–Discrimination and Anti–Harassment
• PMP 150: Leave of Absence Without Pay
• PMP 160: Sick Leave Usage
• PMP 313: Personal Time Off Accrual and Usage

General Guidelines

• TFD has a responsibility to ensure the availability of adequate staffing to provide Fire Department services
• Regular/consistent attendance is required for TFD employees, unless allowed by law and City leave rules
• TFD will grant all sick leave and PTO entitlements provided by City, state, and federal law for valid absences
  • Unscheduled PTO leave shall be recorded as PTU
• The unique shift schedules of TFD uniformed field and FCC personnel may require special interpretation of certain rules/regulations on sick leave, PTO and PTU
• TFD uniformed day shift personnel and non-uniformed employees should schedule medical appointments in a least disruptive manner
• TFD uniformed field personnel should schedule medical appointments on non-work days
• All TFD employees with an OJI or off–the–job injury, illness or disability, including pregnancy, and who are likely to return to full-time employment, may be placed on transitional assignment if eligible and approved by an HCP per TFD Policy 1015
• All TFD employees are eligible for bereavement leave in accordance with TMC 1.12.230

Sick Leave, PTO, and PTU Guidelines

• State law, as administered by the Pension Board, governs illnesses and injuries (including work-related) suffered by uniformed firefighters in the LEOFF I Retirement System
  • All questions on procedures, forms, rights, and benefits should be addressed to the Board Coordinator in the City’s Human Resources Department
• Treatment of illnesses/injuries suffered by uniformed firefighters enrolled in LEOFF II Retirement System and TFD non–uniformed employees falls under the City's sick leave/PTO ordinance and policies
• Work-related injuries/illnesses are governed by Workers’ Compensation rules administered by the City’s Human Resources Department.
• PTO Members include:
  • All unrepresented employees hired after June 1, 1998
  • Represented employees authorized via a collective bargaining agreement
  • Unrepresented employees hired before June 1, 1998, who elected to transfer to the PTO plan
  • Represented employees who elected to join the PTO plan while in an appointive position/returned to represented status, and have not opted to return to the vacation/sick leave plan in their collective bargaining agreement

PTO Guidelines

• Uniformed field personnel assigned to 24-hour shifts must follow the TFD vacation/holiday scheduling rules when using PTO
• Battalion Chiefs cannot approve/allow shift trades for uniformed field personnel during any OJI, FMLA, sick leave, or PTU period

TFD Employee Requirements

• Reporting need to be absent to their department/division supervisor via established procedure
• Providing the general reason for the absence prior to commencement of the scheduled work day(s) unless incapacitated (in which case they need a friend, relative or co-worker to report for them if possible; or if no one can report for them, then as soon as possible with proof as to why)
• Personnel who become ill or injured post shift trade approval need to immediately find a replacement, unless somehow physically unable
  • Documentation of absence may be required.
  • Repeated sick leave/PTU use when working a trade may result in loss of trade privileges
• All TFD employees out more than four working days/two 24–hour shifts need to:
  • Obtain an MFR stating the reason/signed by their HCP
  • Immediately deliver the MFR in person or by fax to TFD Headquarters before returning to duty
  • Provide TFD Administration with any additional MFR documentation if requested
• The MFR requirement applies to all absences for the specified periods, regardless of whether the absence is due to OJI or non–OJI problems
• All TFD employees absent for 10 scheduled working days or five 24–hour shifts annually during a 60-month period will be reviewed by supervisory/administrative staff, then may be required to undergo a medical examination and/or evaluation for each subsequent absence
  • The Department will pay for the exam if it occurs at a Department–approved clinic; otherwise, the visit is at the expense of the employee
  • The Department may consider major illnesses/injuries
  • Employees with under five years of service may be reviewed based on 10 scheduled working days or five 24–hour shifts annually
• Time absent from work is exclusive of state and federally protected leave
• Misrepresentation of any material facts in regard with paid sick leave/PTU, disciplinary action can result
• No “minimum leave balance” will automatically trigger disciplinary action or HCP verification
• The City may, in certain circumstances, require an employee to complete a medical examination to determine physical and/or mental fitness to perform work
• Employees must permit home visits or medical examination as appropriate and at the expense/convenience of the City
• A statement from the attending HCP attesting to the nature and seriousness of injury/illness will be required

Sick Leave, PTO, and PTU Usage Guidelines

• Sick leave is credited to accruals after completing each bi-weekly pay period
• Sick leave, PTO, and PTU allowences can be used for:
  • Injury or illness to the employee
  • Medical and dental care for the employee (except uniformed field personnel)
  • The first three days of an injury if not eligible for Workers’ Compensation
  • As a supplement to Workers’ Compensation absence after the 120-day supplementary job injury benefits provided by City ordinance
  • Armed Forces pre-induction physical
  • Illness or disability related to pregnancy
  • Caring for a child or spouse with a health condition
• PTO may be used as PTU per TMC 1.12.248.3
• When using allowed PTU, employees must notify their supervisor unless someone is incapacitated (in which event the employee needs a friend, relative or co–worker to report if/when possible); those incapacitated need to keep the Bureau Chief or someone he/ or she desginates , updated on their condition when PTU exceeds four working days/two 24-hour shifts

LEOFF I Employee Guidelines

• LEOFF I employees need to submit a PER 879 to their supervisor with a written explanation for the absence
• An HCP signature on the PER 879 is required for absences over four working days/two 24-hour shifts
  • This form must be submitted within one week of going off–duty
• The Pension Board certifies LEOFF I employee absences
• Once an HCP determines an employee can return to work, and the employee has properly completed the required paperwork, the employee will be required to work under conditions specified by the Pension Board
• LEOFF I employees cannot return to full duty post absence of more than 30 days without an HCP completed FIR 139
• A LEOFF I employee who is unable to return to their position at the end of disability leave will not be placed on sick leave in their former position (but will receive benefits mandated by state law + the unused sick leave payout provided in the Tacoma Municipal Code)
• Refer questions regarding PTO use by LEOFF I employees for non-vacation reasons to the Pension Board Coordinator in the City’s HR Department

LEOFF II And Non-Uniformed Employee Guidelines

• TFD employees must submit requests to use PTO in writing to the Bureau Chief (or their designee) for approval
• Employees may need to explain their absence
• LEOFF II personnel working 24–hour shift schedules (except FCC personnel) will be debited sick leave at 16 hours per/24–hour shift per Local #31 Collective Bargaining Agreement
• FCC personnel and uniformed day-shift personnel will be charged sick leave hour-for-hour
• Non–uniformed employees will be charged actual hours of sick leave

Monitoring Leave

• Use of sick time: PTO and PTU is the responsibility of the TFD Bureau and Division Chiefs in that employee division.
• TFD officers are to notify any unusual usage of leave with the appropriate Bureau Chief. A review of documentation may happen.
• What can activate the tracking of employee usage?
  • timing of use
  • frequency
  • if for dependents
  • job results
  • truthfulness of explanations
  • documentation accuracy
• Employees can face issues for actions that counter job results,
• A Officer will discuss with an employee unusual cases and or the need for improvements.
• Action can happen next:
  • suspension of trade
  • loss of OT
  • documentation by a Doctor
  • actions of discipline including termination.

FMLA

• Family and Medical Leave protects families whom need to care for immediate member or themselves and the time is in line with Federal rule.
• There is no pay.
• Approved actions run side by side with all other leave.
  • for instance an officer off on injury would have similar documentation as opposed to another.
• Members are allowed up to twelve weeks during a calendar year for these said reasons.
  • protected jobs
  • continued medical benefits
  • benefits must be paid for by an said officer.
• To acquire FMLA an employee must have at least a year behind them and 1250 hours in the last 12 months.
• Time can be broken to support the employee's needs. There must be accurate data for the request.
  • A employee may need to move temporarily to an opening that helps periods of need.
• FMLA can be flexible when medically vital.
  • After birth, foster placement a need for less time must be supported
• Information and proof must be sent to a FMLA HR team to be reviewed.
• A officer must use all the time available to come off sick leave before FMLA for their own care and time line.
• An employee may elect to use family sick time while being covered by FMLA and before the unpaid portion
• After there may need to be a fitness test of capabilities, as requested.
• To not collect this will pause returning to the job until paper work can be located.

FMLA Leave Actions

• Used in relation to kids or new placement and bonding reasons.
• A sick family member whom is serious.
• A individual that is unable to be functional in their duty.
• In the event that a armed individual whom needs to work that has been notified and or called to.
• A family member that has been and sickened on their tour.

Employees Should Know When Electing FLMA

• A understanding of needed qualifications for duty to be fulfilled must go before the decline.
• All other time off should be used to be in pay status.

A TLF Supervisors Time With FMLA

• A TLF Staffs may learn and suggest the start of the FMLA process.
• The staffs may also get this action moving.
• What is needed by HR.
  • All data and needs that is requested in documents.
  • Thirty days out should be on record.
  • Needs not known should be reported when and if they are up

Compensation For LEOFF and Non- Uniformed.

• There are standards that must be set by Officers and Team members.
• Data must be given in a timely fashion to the correct people.
• Injuries will not activate any labor action.
• Staff whom suspect issues must also fallow order as documented.
• Staff must notify of change by doctors in detail.
• If rules are non compliant an employee can be in violation that may result in actions.
• Officers must supply a list as to the return of workers capabilities and restrictions.

Actions For Labor With TLF

• Actions of immediate nature should be recorded to a. DO b. HR

TLF In Line With Labor

• Tacoma is self insured and handles the cost of their members actions.

• Paid injuries must be in line with regulations, also with the HR team and there part.

• Sick and injury can see pay,

• If the injury last over two weeks a 85 percent pay can be issued to its workers.

• HR provide guidance for work and worker including a. guidance and forms for medical reason , b. they set correct payments including wages for the process.

• if an employee does not qualify the employee may use PTO for retroactive actions.

• TLF action with the rules in set procedures with regulations set by the city standards.

No Pay For time Off

• Team and staff members may ask for a leave without any funds.

• Any jobs outside of the city is often not approved unless under scrutiny.

• A team must submit in writing for there time off.

• How the Fire Cheif handles such actions.

  • Up to fifteen personal days
  • One year leave may be in the best interest for the city itself.

• Rules for situations

  • No approval is given past the initial requests.
  • Extension may happen for up to six months as needed.
  • Full Time roles will be part time until full time rolls are set.

• All can and may get rated on work for the city's policy action.

Servicemen and Duties

• Eligible Employee may claim action to care for family whom fall within action of duty.
  • paperwork must be given to TLF team to grant approval
• There is a total of twenty six weeks for this as the rules fall with labor
• Contact city coordinator for the full details for all TLF related questions.

Release For Duty

• A officer is responsible for stopping and TLF action that is a health issue on the job.
• HR must be consulted for an hourly or long work injury
• Member also are to remove themselves of action if and issues happens
  • TLF need to notate if they leave there station.
• HR need to be contacted when and if that worker left the station.

Labor And PTO Reporting

• Labor must call for PTO before just showing up Speak loud for easy understand. A. Full Name B. Active duty C. Work ID D. Reason for Leave. E. Days needed F. The date coming back.

• If no contact can be made then Battalion 1 should be contacted, 2 then 3.

• A Labor may call a department and state reasonings.

• For over 2 days a Dr. Release signed for them is to happen. and sent for approval.

• Workers that report for day and and without uniformed should call and or email there officer .

  • TLF needs an email prior to 730 hr.
  • Trainers must call .7 hundred

• and should call the officer prior to 7 hundred.

  • Team that follows 6603 code will be okay

• Electrical officer prior to 700.

• Garadge needs to hit 7 and 30.

• After 4 there also must be a Dr . signing off those days and time.