825-6.pdf

DATE OF ISSUE EFFECTIVE DATE NO. KANSAS CITY MISSOURI POLICE DEPARTMENT PERSONNEL POLICY 12/28/2022 12/28/2022 825-6...

DATE OF ISSUE EFFECTIVE DATE NO. KANSAS CITY MISSOURI POLICE DEPARTMENT PERSONNEL POLICY 12/28/2022 12/28/2022 825-6 SUBJECT AMENDS Policy Series 800: Member’s Health 825 – Limited-Duty REFERENCE RESCINDS P.I. Timekeeping Procedures PPBM: 825-5 Timekeeping Reference Guide PPBM: 218 Uniform and Personal Appearance Regulations 320 Restrictions Affecting Performance of Duty 345 Americans with Disabilities Act (ADA) 418 Overtime/Court Policy 419 Holiday Compensation 630 Secondary Employment 740 Sick Leave 746 Family and Medical Leave 818 Duty-Related Injuries I. INTRODUCTION A. This written directive provides guidelines and procedure for members requiring reasonable accommodations due to duty or non-duty related injuries/medical conditions or for administrative reasons and are unable to perform the full and unrestricted duties and essential job functions. B. The Department is committed to providing reasonable accommodations to members after an injury, during rehabilitation, or for administrative needs. C. Limited-duty assignments allow members to continue providing service as a valuable asset to the Department and the community while minimizing the hardship a member may experience recovering from an injury/medical condition or during administrative restrictions. II. TERMINOLOGY A. Full and Unrestricted Duties – The fundamental job duties of a member’s full-duty assignment. B. Full-Duty Assignment – The member’s permanent assignment performing the full and unrestricted duties of a law enforcement officer and essential functions of the position or assignment. C. Health Care Provider – A physician or other health care provider that is licensed, accredited, or certified, and in good standing by the applicable state to perform specified medical or health care services to a patient. This may include, but is not limited to, a physician, psychologist, psychiatrist, or nurse practitioner.  D. Limited-Duty Assignment – A temporary assignment with duties that provides alternative work or reasonable accommodations to a member who is unable to perform the full and unrestricted duties of a law enforcement officer and essential functions of their position or assignment. E. Limited-Duty Status – The status of a member whose medical condition or administrative action temporarily restricts their performance of their duties and responsibilities of an assigned job classification. III. POLICY A. The Department will attempt to provide temporary modifications to a member’s assignment or provide a limited-duty assignment. B. Members may qualify for a limited-duty assignment for administrative reasons, or due to an injury/medical condition, if the member is unable to perform the full and unrestricted duties of a law enforcement officer and essential functions of their position or assignment as a result of a qualifying duty or non-duty related circumstance. C. Limited-duty assignments/status will not be permanent positions. 1. Limited-duty assignments will be reviewed at least monthly by the Human Resource Division (HRD). 2. Limited-duty status of a year or more will be evaluated for retirement or separation in accordance with the current written directives entitled, “Sick Leave” for an off-duty injury/medical condition or “Duty- Related Injuries” for an on-duty or off-duty department related injury/medical condition. D. The Department may discontinue or change any member’s limited-duty assignment at its sole discretion. E. Members who fail to report changes to their limited-duty status or falsify an injury or medical condition will be subject to disciplinary action. F. Supervisors or commanders who have concerns that a member should be placed on limited duty status should contact the EBU Commander for direction. 2  G. Firearms 1. Any sworn member who did not pass the firearms qualification course during the previous calendar year will not carry a firearm either on-duty or during secondary employment and must qualify prior to returning to full duty. 2. A supervisor/commander or a Department-authorized health care provider may direct the member not to carry a firearm for the duration of the limited-duty assignment while on duty. H. Members on limited-duty assignment will follow all aspects of the current written directive entitled, “Restrictions Affecting Performance of Duty.” IV. ADMINISTRATIVE GUIDELINES A. Members requesting reasonable accommodations to full-duty status as a result of a duty-related injury/medical condition or due to administrative reasons should refer to the current written directives “Americans with Disabilities Act (ADA),” “Duty-Related Injuries,” or “Restrictions Affecting Performance of Duty” for guidelines regarding assignment of limited-duty status. B. Request for a Limited-Duty Assignment as a Result of a Non-Duty Related Circumstance 1. When the need for a limited-duty assignment is for a single tour-of- duty or less: a. The member will submit an email requesting a temporary limited-duty assignment to the watch Desk Sergeant or immediate supervisor if not assigned to a patrol division. b. The member will provide sufficient information to establish qualifying reason(s) for the limited-duty assignment and any supporting documentation from a health care provider. c. The supervisor will review and forward the request to the Employee Benefits Unit (EBU). 2. When the need for limited-duty assignment is for more than a single tour-of-duty: a. The member will submit a request via email to [email protected]. 3  b. The member will provide sufficient information to establish qualifying reason(s) for the limited-duty assignment and any supporting documentation from a health care provider. 3. EBU will: a. Review the request. b. Coordinate with the requesting member if additional information is needed. c. The following will be taken into consideration in approving or denying the request: (1) Safety of members. (2) Effect on Department operations. (3) Availability of a limited-duty assignment. (4) Duration of the limited-duty status. (5) Justification of the request. 4. Change in a Requesting Member’s Restrictions a. If there is a change in the requesting member’s restrictions, the member will immediately provide written notification to the EBU. b. EBU will review the changes and determine if any further actions are necessary. C. Certification of Medical Restrictions for Assignment of Limited-Duty Status 1. Duty-Related Injury or Medical Condition a. A Department-authorized health care provider must certify a member’s medical restrictions to include medical facts sufficient to support the need for restrictions including symptoms, diagnosis, hospitalization, medication prescribed, regimen of continuing treatment, as well as sufficient information on the member’s inability or ability to perform their essential job duties. 4  b. It will be the responsibility of the member to obtain documentation from the Department-authorized health care provider indicating the member’s restrictions. c. The member will submit the documentation to the EBU Commander via email to the address [email protected]. 2. Non-Department Related Off-Duty Injury or Medical Condition (Non- Duty Related) a. The member’s private health care provider must certify the member’s medical restrictions comprising of medical facts sufficient to support the need for restrictions including symptoms, diagnosis, hospitalization, medication prescribed, regimen of continuing treatment, and information on the member’s inability or ability to perform their essential job duties. b. It will be the responsibility of the member to obtain documentation from their private health care provider indicating the medical restrictions. c. The member will submit the documentation directly to the EBU Commander via email to the address [email protected]. d. The medical certification may be subject to the review and approval of a Department-authorized health care provider. e. Failure to provide medical restriction documentation may result in the member being placed on the appropriate leave until such documentation is received. D. Limited-Duty Assignment 1. A member is not required to accept a limited-duty assignment, but failure to accept a limited-duty assignment by a member will result in the member being placed on the appropriate leave until the restrictions end or are lifted by the appropriate health care provider. 2. On approval of a limited-duty assignment request, EBU will coordinate with the bureau commander receiving the member for assignment based on the member’s restrictions. E. Timekeepers will make the appropriate timekeeping entries for members in limited-duty assignments/status. 5 F. A member on limited-duty will: 1. Receive base salary of the permanently assigned job classification and clothing allowance (if eligible). For further information regarding qualifying benefits, members should refer to the current written directives entitled, “Family Medical Leave.” “American with Disabilities Act,” and “Duty-Related Injuries.” 2. Medical Treatment a. Use their own exception time for non-duty related injuries/medical condition treatment. b. Respond for treatment during assigned work hours for duty- related injuries/medical condition, if possible. (1) If the member cannot receive treatment during work hours, the member’s supervisor/commander will adjust the member’s hours to accommodate treatment (e.g., for an eight (8) hour shift, schedule for six (6) hours on- duty and two (2) hours for treatment). (2) No timekeeping entries are required for the adjustment. 3. Exception Time a. Accrue sick and vacation leave at the regular rate. (1) Members may request any unused vacation days to be carried over into the next calendar year. (2) For further information, refer to the current written directive entitled, “Duty-Related Injuries.” b. Be granted official holidays off. (1) If the member is assigned to the Limited-Duty Pool, they will not receive holiday pay. (2) If a member is required to work on an official holiday, they will be compensated in accordance with the current written directive entitled, “Holiday Compensation.” 4. Work the hours required by the assignment. 6  5. Pay Allowances or Skill Pay (e.g., FTO, shift differential, etc.) a. Receive any authorized pay allowances or skill pay until transferred to the Limited-Duty Pool. b. Continue to receive shift differential pay if assigned to Watch I, III, or IV, despite being in the Limited-Duty Pool. 6. Be eligible for compensation for hours worked in excess of regular hours of assignment in accordance with the current written directive entitled, “Overtime/Court Policy.” 7. Be required to submit a medical statement from the health care provider outlining the extent and duration of the medical condition to the EBU no later than the 10th day of each month, unless otherwise provided by HRD in accordance with other benefits (e.g., FMLA, Workers’ Compensation). 8. Will wear professional, casual business attire, or the standard uniform for the unit of assignment in accordance with the current written directive entitled, “Uniform and Personal Appearance Regulations.” G. Limited-Duty Pool 1. Transfer to the limited-duty pool should not be construed as the Department perceiving the affected member as disabled or retribution for any injury, medical condition, or administrative assignment. 2. A member will be transferred to the limited-duty pool when: a. The limited-duty assignment/status is anticipated to last more than 28 consecutive calendar days. b. The limited-duty assignment/status continues after 28 consecutive calendar days. c. The member returns from injury leave, sick leave, leave without pay, or family and medical leave pools and the health care provider certification indicates that the member is not able to return to full-duty. d. The member’s restrictions have been extended or amended. 7  3. To transfer a member to the limited-duty pool: a. The member’s supervisor/commander will prepare an Interdepartment Communication, Form 191 P.D., or a memorandum detailing the need to transfer the member to the pool. b. The request will be forwarded through the chain of command to the EBU. 4. While assigned to the limited-duty pool, the member will remain under the direct supervision of the EBU, however, the element of assignment will be responsible for administrative procedures (e.g., timekeeping, vacation requests, etc.). H. Return to Full-Duty 1. Members will not return to full-duty until released by the EBU Commander. 2. Members will respond to the EBU prior to returning to full-duty to deliver return-to-duty documentation. 3. Return-to-duty documentation may not be required from a department authorized health care provider if the member is not in the Limited-Duty Pool. Instead, release to full-duty documentation from the treating health care provider will act in its place. I. Request for Limited-Duty Personnel 1. A supervisor/commander who identifies a need for limited-duty personnel will submit a request specifically identifying the job functions to be performed. 2. The request will be forwarded through the requesting element’s chain of command to the Administration Bureau for review and approval. 3. Approved requests will then be forwarded to the EBU and filled as members with suitable abilities become available. J. Human Resource Division Responsibilities 1. The EBU Commander, or designee, in coordination with the appropriate bureau commander will select, authorize, and approve limited-duty assignments and extension of limited-duty assignment requests. 8  2. The EBU will: a. Maintain administrative supervision of members assigned to the limited-duty pool. All other aspects of the member will be under the direction of their direct supervisor. b. Coordinate the following. (1) Fitness-for-duty examinations. (2) With member’s treating health care provider regarding the member’s full and unrestricted duties of a law enforcement officer and job related duty restrictions. (3) A medical/retirement evaluation process for a member when required. L. Members will refer to the current written directive entitled, “Secondary Employment,” prior to engaging in any type of secondary employment. Joseph E. Mabin Jr Chief of Police Adopted by the Board of Police Commissioners this 13th day of December, 2022. Mark C. Tolbert Board President DISTRIBUTION: All Department Personnel Public View Master Index – Internet Department Master Index – Intranet Policy Acknowledge SyStem (PASS) 9