Fire Rescue Wellness Program CBA PDF

ARTICLE 45 – WELLNESS PROGRAM There shall be a Wellness Steering Committee in the Fire Rescue Department made up of three (3) representatives from the Union and three (3) representatives appointed by the Fire Rescue Administrator. The Steering Committee shall meet as necessary to direct, establi...

ARTICLE 45 – WELLNESS PROGRAM There shall be a Wellness Steering Committee in the Fire Rescue Department made up of three (3) representatives from the Union and three (3) representatives appointed by the Fire Rescue Administrator. The Steering Committee shall meet as necessary to direct, establish guidelines, make recommendations, and evaluate the Fire Rescue Wellness Program. Fire Rescue shall maintain responsibility to administer the program and shall designate a Wellness Coordinator to assume responsibility for the daily operation and management of the program. The following areas shall be considered as components of the Wellness Program and shall be included as sections of this Article: 1. Fire Department Physician 2. Medical Physical Program 3. Drug Screening 4. Physical Fitness Program/Professional Performance Assessment 5. Employee Assistance Program/ Peer Support/Chaplaincy 6. Sick Leave 7. Leaves of Absence/Blood Donor 8. Communicable Diseases 9. Disability 10. Cancer Initiative/FACE Team Section 1. Fire Department Physician A. The Wellness Steering Committee shall select a Fire Department Physician to direct the medical and physical components of the Wellness Program, administer medical physicals, and keep a health database for all Fire Rescue employees. B. Once the Steering Committee has chosen a provider, there shall be a written agreement, between the County and the Provider, drafted and approved by the Committee that shall include, but not be limited to, the following provisions: 1. Description of Duties 121  2. Term of the Agreement 3. Confidentiality Policy 4. Termination of Agreement Provision Section 2. Medical Physicals A. All Fire Rescue employees who are state certified Firefighters or Department assigned Fire Investigators are required to complete an annual medical examination, administered using NFPA 1582 Standards as a guideline and reviewed by the Fire Department Physician. B. All Fire Rescue employees who are not certified Firefighters or Department assigned Fire Investigators are highly encouraged to complete an annual medical examination in accordance with paragraph C below unless they advise Fire Rescue no later than January 1st of their intention not to obtain a physical for the next fiscal year. C. Employees may choose to use their own physician in lieu of the Fire Department Physician for the Medical Examination. However, employees who choose this option shall be responsible for the following: 1. Notify the Wellness Coordinator of the name and the location of their physician; 2. Bear the cost of the medical examination; 3. Ensure that medical examinations are conducted using the same guidelines, criteria, and standards as the Fire Department Physician. 4. Forward records of the medical examination to the Fire Department Physician for review and placement in the employee’s medical file. All employees shall be required to see the Fire Department Physician for the drug test and any portion of their medical physical not completed by their own physician. D. All combat personnel on a shift schedule shall be responsible for scheduling and completing the medical examination, Physical Fitness Evaluation (PFE), fit testing and Behavioral Health Screening on their own 122  (off-duty) time to exclude employees on any type of paid leave. Department assigned Fire Investigators and any personnel assigned to a forty (40) hour work week shall be released from duty with pay in order to complete the medical physical, physical fitness evaluation, fit testing and Behavioral Health Screening. All employees shall have their medical physical, Physical Fitness Evaluation (PFE), fit testing, and Behavioral Health Screening completed no earlier than one month prior to the month preceding their birth date, and no later than the last day of the month of their birth date. Failure to complete the medical examination, Physical Fitness Evaluation (PFE), fit testing and Behavioral Health Screening during this time frame may result in the employee being placed on unpaid administrative leave, unless prior authorization has been granted by the Fire Rescue Administrator, until such time as the process is complete. In order to compensate combat personnel for off duty participation in completing the medical physical, physical fitness evaluation, fit testing, and Behavioral Health Screening all combat personnel shall receive four (4) hours of overtime (time and a half) pay, to exclude employees on any type of paid leave. In the event the Fitness for Duty Assessment is not completed while the employee is on duty, the employee will be compensated one (1) hour of overtime (time and a half) pay. E. Any employee who cannot perform the essential functions of their position, in the opinion of the Fire Department Physician, shall not be permitted to engage in fire suppression or fire investigation until the requirements are met. Any employee who disagrees with the results or recommendations of a medical examination conducted by the Fire Department Physician shall be entitled to seek a second opinion from a qualified physician of their choice at the employee’s expense. If there is a disagreement between the Fire Department Physician and the employee’s physician, a third physician agreeable to both the FD Physician and the employee shall be consulted for a final determination. The cost of a third party physician shall be split between the employee and Fire Rescue. 123  F. All employees subject to the PFE shall receive a medical examination and a PFE prior to being reassigned to emergency duties after any medical absences greater than six (6) months. Section 3. Drug Testing All employees shall be required to submit to a drug screening, as detailed in Article 49 of this Agreement. Section 4 Physical Fitness A. The Steering Committee shall establish a physical fitness program to enable employees to develop and maintain an appropriate level of fitness to safely perform their assigned functions. Fire Rescue Administration and Local 2928 support the concept that physical fitness is an essential job element of the fire service. All employees are expected to maintain a minimum level of fitness to ensure safe and effective delivery of fire rescue services. B. All employees shall attend a physical fitness evaluation (PFE), administered by the Fire Rescue Exercise Physiologist or designee, and the Fitness for Duty Assessment (once agreed upon) on an annual basis. The PFE will be based on ACSM Guidelines for Fitness Prescription, administered in accordance with Policy #FR-H-201, and may be amended by agreement between the Fire Rescue Administrator and the Union President. C. Implementation of the Fitness for Duty Assessment will be agreed upon by the Fire Rescue Administrator and the Union President. D. Employees will be required to complete a physical fitness assessment and a Fitness for Duty Assessment (once agreed upon) as part of a medical examination prior to returning to full duty from any injury, illness, or other extended leave greater than six (6) months. E. Physical fitness assessments shall take place at the Fire Rescue Fitness Center, unless otherwise indicated. F. Fire Rescue shall designate a physical fitness area in all permanent fire stations. 124  G. Fire Rescue shall provide all permanent fire station locations with a standard complement of exercise equipment as specified by the Steering Committee. H. Any station, which has physical training facilities within its first response zone, may be permitted to participate in physical activities at such facilities upon approval of the District Chief. I. In the event the County reasonably suspects an employee to be unable to perform the essential functions of their position, the County may require such employee to submit to the Fitness for Duty Assessment and/or examination to be conducted at the expense of the County while the employee is on duty. The County may only then remove an employee from his or her regular assignment or otherwise not allow an employee to return to duty in his or her regular assignment with just cause. Section 5. Employee Assistance Program A. The Wellness Steering Committee shall select an EAP Coordinator to direct the Employee Assistance Program and Peer Support , and assist Fire Rescue employees with personal problems that may affect their well-being and their job performance. B. Once the Steering Committee has chosen a provider, there shall be a written agreement drafted, between the Union Plan and the Provider, approved by the Wellness Steering Committee, and mutually agreed upon by the Fire Rescue Administrator and the Union President that shall include, but not be limited to, the following provisions: 1. Description of Duties 2. Detailed Cost 3. Term of the Agreement 4. Confidentiality Policy 5. Termination of Agreement Provision C. An employee who enters a nicotine cessation program and successfully completes the program shall have the cost of the program reimbursed for 125  one time only, up to a maximum of two hundred ($200.00) dollars after they have stopped smoking for six (6) months. D. The County shall continue to support a Critical Incident Stress Management Team and/or Peer Support Group. Section 6. Sick Leave A. Sick Leave Use It is agreed between the parties that sick leave use can have a detrimental effect on the daily operation of Fire Rescue, including the workload of other Fire Rescue employees, the level of service Fire Rescue provides to the public, and the safety of the other employees. Palm Beach County and Professional Firefighters/Paramedics of Local 2928 agree to make every effort to express the importance of dependability and reliability in regards to employee’s attendance to all members of Palm Beach County Fire Rescue. This article is intended as a comprehensive approach to minimizing the use of sick leave to only those bona fide circumstances as provided for in Section D of this section. In order to be effective, two major thrusts have been incorporated into the Article; a disincentive approach, and an incentive approach. B. Sick Leave Banks All reserved vacation time shall be banked independent of regular vacation time and not subject to the vacation accrual caps. At the time of a new allotment, employees can place in their reserve vacation bank from their unused sick leave allotment any number of hours that is not more than their annual allotment. The balance of an employee’s reserve vacation bank shall not exceed the number of sick leave hours an employee accrues in one year, except that when annual allotments are adjusted downward, an employee may keep any hours already in the reserve bank until such times as the balance of the employee’s reserve bank is equal to or lower than the number of hours the employee accrues annually. 126  Reserve vacation time banks shall be scheduled in accordance with the provisions of Article 28 of this Agreement. However, this reserve vacation bank shall not be payable upon separation from the County. In the event of a duty-related death of a Fire-Rescue employee, that employee’s Reserve Vacation Bank hours (if any exist) shall be paid on a hour for hour basis at the employee’s current hourly rate. An employee’s death must have occurred while on-duty or meet the conditions outlined in Chapter 112, Florida Statutes, in order to be considered duty-related. C. Sick Leave Allotment 1. After the cutoff date each year, which shall be November 1, all permanent twenty-four (24) hour shift employees shall be allotted one hundred and twenty (120) hours of sick leave for the next twelve (12) months. Effective with the November 2026 sick leave allotment, the number of hours allotted annually shall be one hundred twelve point five (112.5) hours and then one hundred five (105) hours for all future allotments. Employees who are not on a twenty-four (24) hour shift shall receive an allotment of sick leave of one hundred (100) hours for those on a forty (40) hour work schedule and one hundred five (105) hours for those on a forty-two (42) hour work schedule. 2. Employees on a leave of absence without pay will have their sick allotment adjusted to reflect a prorated number of hours to which the employee is entitled. 3. Employees may use this time at one hundred (100%) percent of their current salary in accordance with Section D of this Article. 4. Employees shall not be awarded any sick leave compensation beyond the number of hours in their annual allotment during any twelve (12) month period, unless they request, and are approved to use extended leave as described in Article 45, Section 6-D. However, employees may use their reserve vacation banks to supplement an individual, short-term absence (i.e., exceeding one (1) hour but less the number of hours in their annual allotment, until such time as their reserve vacation bank is depleted. In no case shall the 127 employee’s main vacation account be used to supplement this type of absence unless, in the sole discretion of the Fire Rescue Administrator, which shall be final, binding, and not subject to grievance or arbitration, a waiver of this provision is granted. If granted, an employee may elect to have vacation time deducted retroactively. Extended leave shall be defined as a single sick leave occurrence lasting longer than the number of hours in an employee’s annual allotment. In the event of an extended leave, employees shall be awarded pay at one hundred (100%) percent of their remaining allotted hours. For Special Risk employees, starting with the first consecutive hour of absence in excess of the number of hours in the employee’s annual allotment (121st 113th or 106th consecutive hour before and after November 2026 annual allotment), through three (3) months from the date of injury or illness, employees shall be awarded extended leave compensation at eighty-five (85%) percent of their current salary. After three (3) months and through twelve (12) months of consecutive leave from the date of illness or injury, employees shall be awarded sixty-five (65%) percent of their current salary. Employees shall not be awarded any sick leave compensation exceeding twelve (12) continuous months from the time of an illness or injury; and shall have up to a maximum of eighteen (18) months during which to return to work. For all other classes of employees, starting with the first consecutive hour of absence in excess of the number of hours in the employee’s annual allotment, through three (3) months from the date of injury or illness, employees shall be awarded extended leave compensation at eighty-five (85%) percent of their current salary. After three (3) months and through nine (9) months of consecutive leave from the date of illness or injury, employees shall be awarded sixty-five (65%) percent of their current salary. Employees shall have up to a maximum of nine (9) months during which to return to work and shall not be awarded any sick leave compensation exceeding nine (9) continuous months from the time of an illness or injury. 128 5. Employees who are granted extended leave shall not engage in off duty employment. 6. Employees who require extended leave may use vacation time and/or reserve vacation time to supplement any uncompensated portion of the leave. 7. Employees who are on extended leave at the time of a new sick leave allotment shall be required to use forty-eight (48) hours of a one hundred twenty (120) hour allotment or forty-five (45) hours of a one hundred twelve point five (112.5) hour allotment, or forty-two (42) hours of a one hundred five (105) hour allotment (or proportionate amount of time for non-24-hour shift personnel) of their annual allotted time at one hundred (100%) percent of their current salary, and shall then return to the current eligible extended leave compensation status without a break in the continuity of that status. An employee who had less than one hundred twenty (120) hours (one hundred twelve point five (112.5) hours in fiscal year 2027 or one hundred five (105) hours thereafter) deducted in the previous year, and is on extended leave at the time of a new sick allotment, shall be charged sick leave for that portion of the new allotment (up to a maximum of one hundred twenty (120) hours (one hundred twelve point five (112.5) hours in fiscal year 2027 or one hundred five (105) hours thereafter) so as the total hours taken equals one hundred sixty-eight (168) hours, (one hundred fifty- seven point five (157.5) hours or one hundred forty-seven (147) hours thereafter) and thereafter on a pro-rated basis until such time as they return to duty. 8. Special Risk employees shall not be granted more than eighteen (18) months cumulatively of extended leave. Apparatus Technicians shall not be granted more than twelve (12) months extended leave. All other classes of employees shall not be granted more than nine (9) months cumulatively of extended leave. All employees must return to full duty for a minimum of six (6) months from an extended leave prior to being eligible to start new extended leave compensation for any illness or injury. Employees who return to extended leave within six (6) months of returning to full duty, for any illness or injury, shall 129  be awarded the remaining benefits from the previous extended leave and shall have the duration of the two (2) leaves counted accumulatively. 9. Probationary employees shall be awarded sick leave on a pro-rated basis for the remainder of the year starting after the sixth (6th) month from the date of hire. However, new probationary employees shall not be eligible for any extended leave compensation. 10. Employees who leave Fire Rescue who are in pay status at the time of departure shall be eligible to be paid out for unused allotted sick leave on a pro-rata basis as defined in this Article (this payout shall not include any of the reserve vacation hours). D. Extended Leave When any employee is requesting extended leave for an illness or injury he/she must first get, from their treating physician, a written assessment of what work restrictions the employee has and how long these restrictions are anticipated to last. If the restrictions are anticipated to last more than thirty (30) days, the employee shall procure from the treating physician an updated assessment of the employee’s work restrictions and provide the same to the County at least every thirty (30) days. All written assessments shall be reviewed by the Fire Rescue Administrator and the Fire Department Physician or the EAP Coordinator, whichever is appropriate. They may contact the employee and/or their treating physician for verification. At such time that the restrictions preventing an employee from being returned to work or placed in a light duty assignment are removed, and a return to work or light duty assignment is offered, extended leave will no longer be available. The Fire Rescue Administration may request the employee get a fitness for duty examination from a physician selected by and paid for by the Department at any time an employee is on extended leave. If it is determined that an employee has misrepresented the conditions based on which the employee was granted extended leave, the Fire Rescue 130  Administrator may cancel the extended leave and the employee may be subject to discipline for just cause. E. Approved Sick Leave Use Sick leave shall be awarded on an hour for hour basis to employees for the following reasons provided, that the condition is not job related: 1. Incapacitation due to illness or injury. 2. Attendance would jeopardize the health of co-workers due to exposure to a contagious illness/disease. 3. Prescribed medical treatment that falls on duty days. 4. Care of an immediate family member who is not able to care for herself/himself and who is residing with the employee for whom the employee is rendering medically related assistance, and there is no other person available to care for said individual. If approved, extended family care leave that meets the above criteria shall be taken at 65% of pay, following the use of half (1/2) the sick allotment given on November 1st. The 65% of pay can be supplemented with reserve, sick and/or vacation time. This leave shall be limited to six (6) months in any eighteen (18) month period. Employees who are granted this leave shall not engage in off duty employment. Leave taken pursuant to this provision shall count as extended leave. 5. Hospitalization of a family member – Leave for extended hospitalization of a family member, if approved, shall be taken at 65% of pay, following the use of the of half (1/2) the sick allotment given on November 1st. The 65% of pay can be supplemented with reserve, sick and/or vacation time. This leave shall be limited to three (3) months in any fifteen (15) month period. Employees who are granted this leave shall not engage in off duty employment. Leave taken pursuant to this provision shall count as extended leave. 6*. Medical, dental or optical examination or treatment. 131 7. Baby Bonding (Maternity/Paternity) leave may be taken at the employee’s choice. The employee may take Baby Bonding leave at 100% of pay for the first six (6) weeks; or may take Baby Bonding leave at 65% of pay for up to three (3) months, following the use of half (1/2) the sick allotment given on November 1st. The 65% of pay can be supplemented with reserve, sick and/or vacation time. This leave shall be limited to three (3) months. Employees who are granted this leave shall not engage in off duty employment. Leave taken pursuant to this provision shall not count as extended leave. 8. Pregnancy: An employee experiencing a documented high-risk pregnancy may apply for extended leave. The extended leave shall terminate upon the birth of the baby, with Baby Bonding following continuously thereafter in accordance with this Article. Employees may request in writing (which shall include the reason for the request) to the Fire Rescue Administrator to extend Baby Bonding leave for up to three (3) additional weeks by using either vacation or going into out-of-pay status. The Fire Rescue Administrator has the final approval which is not subject to the grievance process. If at the conclusion of Baby Bonding leave the employee is medically unable to return as a result of complications, she may start extended leave in accordance with the terms of this Article. Employees who experience a documented high-risk pregnancy and were on extended leave at the time of the birth of the baby, and who are medically unable to return as a result of complications, may continue their extended leave from prior to the birth of the baby if still available in accordance with this Article. Employees may elect to use vacation time in lieu of Baby Bonding, provided that such leave may not exceed six (6) weeks. 9. Any absence not described above that prior authorization is received. *Applies only to forty (40) hour personnel unless emergency treatment is necessary. 132 F. Disincentives 1. Operational personnel who have five (5) or more sick leave* occurrences in any twelve (12) month period shall be subject to disincentives actions as follows: NUMBER OF OCCURRENCES DISINCENTIVES 5th Occurrence loss of early release privileges 6th Occurrence 5th occurrence disincentives, loss of overtime, loss of bid rights, loss of step-up privileges. 7th Occurrence 6th occurrence disincentives, Special Performance Evaluation. 8th Occurrence 7th occurrence disincentives, loss of bid assignment and any corresponding assignment pay. 9th Occurrence 8th occurrence disincentives, loss of promotional ability 10th Occurrence 9th occurrence disincentives, twenty-four (24) hour suspension. 2. Communication Center shift personnel who have eight (8) or more sick leave* occurrences, in any twelve (12) month period shall be subject to disincentives. NUMBER OF OCCURRENCES DISINCENTIVES 8th Occurrence loss of early release privileges 9th Occurrence 8th occurrence disincentives, loss of overtime, loss of bid rights, 133  loss of step-up privileges. 10th Occurrence 9th occurrence disincentives, Special Performance Evaluation. 11th Occurrence 10th occurrence disincentives, loss of bid assignment and any corresponding assignment pay. 12th Occurrence 11th occurrence disincentives, loss of promotional ability 13th Occurrence 12th occurrence disincentives, twenty-four (24) hour suspension. 3. Non-Operational personnel, (excluding Communication Center shift employees) who have ten (10) or more sick leave occurrences, in any twelve (12) month period shall be subject to disincentives. NUMBER OF OCCURRENCES DISINCENTIVES 10th Occurrence loss of early release privileges 11th Occurrence 10th occurrence disincentives, loss of overtime, loss of bid rights, loss of step-up privileges. 12th Occurrence 11th occurrence disincentives, Special Performance Evaluation. 13th Occurrence 12th occurrence disincentives, loss of bid assignment and any corresponding assignment pay. 14th Occurrence 13th occurrence disincentives, loss of promotional ability 134  15th Occurrence 14th occurrence disincentives, twenty-four (24) hour suspension. The number of occurrences for any employee shall be calculated using a continuous twelve (12) month period without regard to fiscal or calendar year. Except as stated in this Article, all disincentives for a specific occurrence shall remain in effect until the occurrence for which the disincentives were imposed drops off. *Any absence under this Article, except for FMLA, shall be considered an occurrence. An occurrence shall be defined as actually working less than one-half (½) of the hours of the employees normal shift, or any combination of occasions of sick leave utilization which, when combined, total one-half (½) of the employees normal shift, with or without an excuse (i.e., for a twenty-four (24) hour employee, four (4) occasions of three (3) hours shall equal one (1) occurrence. G. Incentives 1. After the cut-off date each year, which will be November 1st, employees shall receive as a bonus, the remainder of their allotted time paid for on an hour for hour basis at their current hourly rate of pay, including permanent assignments. Employees will be credited with their annual sick leave allotment beginning on the next pay period. Any sick leave taken before the cutoff date which is not processed prior to the bonus payoff will be deducted from the next year’s allotment. 2. All eligible employees shall receive the sick leave bonus on the first payday in December that calendar year. Employees may choose to allocate a portion, or all, of their allocated hours, in lieu of bonus, to their reserve bank, provided the reserve bank is capped at the number of hours the employee accrues annually. H. Sick Leave Procedure 1. It shall be the employee’s responsibility to notify the Department at least thirty (30) minutes prior to the start of their shift by entry into 135  the Department approved staffing program or notification to the Fire Operations Officer (FOO). 2. The Communication Division will be required to notify the Department at least ninety (90) minutes prior to the start of their shift by entry into the Department approved staffing program or notification to the on-duty Shift Supervisor. 3. Sick leave shall be awarded on an hour for hour basis, in quarter (¼) hour increments, for all employees. 4. Employees may return to work at any time after calling in sick. However, they may only return to work one time during a shift and shall notify the FOO prior to returning to work to receive their station assignment. 5. If, in the opinion of the immediate Supervisor, an employee is determined to be too ill/injured to work, the Supervisor may recommend that the employee be sent home. The Supervisory Bargaining Unit Employee (i.e. District Chief) and/or any Non- Bargaining Unit Supervisor, above the immediate Supervisor of the employee in question, shall have the authority to send the employee home with pay, based on the recommendation of the immediate Supervisor and direct observation of the employee. In such cases, the employee will be charged sick leave unless the employee returns to work during the same shift with a note from a medical provider indicating that the employee is fit for duty. Employees who do not return with such a note and do not have sufficient sick leave to cover the absence, shall be out of pay for any hours not covered by sick leave. 6. Upon returning to work, all employees shall submit to their immediate supervisor an electronic employee leave request form which shall include an affidavit signifying that the employee’s use of sick leave was consistent with this Article. 7. Any employee requesting sick leave for reasons which are not consistent with this Article shall be denied leave time and may be 136  subject to discipline for inappropriate use of sick leave as described in Section A-3 of the disciplinary guidelines of the Fire Rescue Department Manual. I. Sick Leave Board The Wellness Steering Committee shall serve as the Fire Rescue Sick Leave Board. The Sick Leave Board shall be responsible for monitoring sick leave use and identifying department-wide trends and patterns of sick leave use. This shall include the use of extended leave. Section 7. Leaves of Absences A. Leave Without Pay Employees shall be entitled, upon written request, to a leave of absence without pay or benefits for up to six (6) months after exhausting their accrued leave time as follows: 1. Education Leave Due to education or training of mutual benefit to the employee and the County, upon approval of the Fire Rescue Administrator. Section 8. Communicable Diseases A. The Wellness Steering Committee shall review and maintain an Infectious Disease Program for the purpose of minimizing employee exposures to infectious diseases or hazardous materials. Fire Rescue shall designate an Infectious Disease Coordinator to manage the Program. B. Communicable Disease 1. Presumption - It shall be presumed that any Operations Division employee who contracts hepatitis B or meningococcal meningitis shall have contracted the disease while on duty. 2. Immunization 137  (a) The County shall provide a one-time immunization during the life of this Agreement for all employees who want to be immunized, as follows: Tetanus Hepatitis – (Type A and B) Rubella (for females of child bearing age) (b) Employees who refuse to be immunized for Hepatitis-B and who later contract the disease shall not be presumed to have contracted the disease while on duty. Section 9. Disability Leave Definition of Permanent Disability:  A Firefighter or Battalion Chief is considered permanently disabled if that employee is likely to remain so disabled continuously and permanently. A. Short Term Disability 1. On-The-Job Disability: Any employee, who incurs an illness or is injured while acting within the scope of his or her employment, and no part of their Workers’ Compensation claim has been controverted by the County by filing a Notice of Controvert shall be entitled to disability leave with no loss in pay or benefits, except as otherwise stated in this Agreement, until the employee returns to the essential duties of the employee’s position; or receives a determination that the employee has reached Maximum Medical Improvement (MMI) and is not able to return to the essential duties of the position and receives Supplemental Long Term Disability (SLTD) benefits; provided that such benefits (excluding SLTD Benefits), are limited to a maximum of two (2) years. Further provided, that if the employee returns to work and later goes out with the same illness/injury, within six (6) months of that employee’s return to work from the initial illness/injury, that employee’s time shall be cumulative with respect to the two (2) year maximum cap. If a controverted claim for Worker’s Compensation is later resolved to pay Workers’ Compensation benefits, than the employee shall be 138 entitled to disability benefits under this Article, retroactively. Disability benefits shall also be payable if a Workers’ Compensation claim is not filed if the disability as provided in this Section is for seven (7) days or less. Because of exposure to heat, smoke, and fumes and/or carcinogenic, poisonous, toxic, or chemical substances, when a high risk employee is unable to perform his/her regular duties in the fire service by reason of a disabling cancer as described below, he or she shall be entitled to benefits as stated in Article 45, Section 9 (A)(1), (A)(2), and (B), On-The-Job Disability and SLTD regardless of whether a Workers’ Compensation claim for the cancer is controverted. Employees may not be eligible for Workers’ Compensation benefits and/or medical payments as provided for under Chapter 440 of the Florida Statutes. Employees must meet the following criteria to be eligible:  Must successfully pass a physical examination administered prior to the individual beginning service as a firefighter; the results must fail to reveal any evidence of such a health condition  Individual must be employed as a firefighter or high-risk Investigator with the County for the time specified below prior to becoming totally or partially disabled or prior to their death  Prior to becoming totally or partially disabled or before his/her death, individual must not have used tobacco products for at least five years  During the preceding five years, the individual may not have been employed in any other position – including employment as a firefighter at another employing agency – that is proven to create an increased risk for multiple myeloma, non-Hodgkin’s lymphoma, prostate cancer, or testicular cancer 139 For purposes of determining leave time and employee retention policies, an employee’s cancer diagnosis must be considered an injury or illness incurred in the line of duty by the County irrespective of whether or not covered by workers’ compensation. The employee shall be considered totally and permanently disabled if they are prevented from rendering useful and effective service as a firefighter and is likely to remain disabled continuously and permanently due to the diagnosis of cancer or circumstances arising out of the treatment of cancer. The disabling cancer shall include types of cancer which may be caused by exposure to heat, smoke, radiation, or a known or suspected carcinogen and shall be limited to the following twenty- one (21) cancers: The timelines concerning diagnosis and post separation will be consistent with Florida State Statue section 112.1816. 1. Bladder cancer 2. Brain cancer 3. Breast cancer 4. Cervical cancer 5. Colon cancer 6. Esophageal cancer 7. Invasive skin cancer 8. Kidney cancer 9. Large intestinal cancer 10. Lung cancer 11. Malignant Melanoma 12. Mesothelioma 140  13. Multiple Myeloma 14. Non-Hodgkin’s Lymphoma 15. Oral Cavity and pharynx cancer 16. Ovarian cancer 17. Prostate cancer 18. Colorectal cancer 19. Stomach cancer 20. Testicular cancer 21. Thyroid cancer 2. Light Duty (On-The-Job Disability). The County has the right to assign an employee who incurs an illness or is injured in the line of duty as provided in Section 9(A)(1) of this Article, or for any other duty-related reason as approved by the Fire Rescue Administrator, to light duty within the Fire Rescue Department, or outside the Department if the employee agrees, so long as the employee’s medical condition permits. This assignment shall be based on a forty (40) hour work week and may displace an employee assigned to light duty under Section 9(A)(3) of this Article. An employee who does not wish to accept a light duty assignment under this section shall use vacation and then sick leave until each has been exhausted, after which, an employee who refuses a light duty assignment in the Department shall not be entitled to benefits under Section 9(A)(1) of this Article. An employee assigned to light duty shall suffer no loss in pay or benefits, provided that if the employee is working at a non-twenty-four (24) hour shift position then benefits shall accrue at the rate of non-twenty-four (24) hour shift employees covered by this Agreement, except the employee shall continue under high risk pension if the employee was under high-risk pension at the time of the injury, and if permitted by law. 141 3. Light Duty (Off-The-Job Disability). An employee who incurs an illness or injury outside the line of duty or who cannot perform regular responsibilities due to pregnancy or medical reason, shall request and shall be entitled to work light duty if a position is determined by the Fire Rescue Administrator to be available, if the employee qualifies for the position, and if the employee’s medical condition permits. An employee who does not wish to accept a light duty assignment under this section shall use vacation and then sick leave allotment until each has been exhausted, after which, an employee who refuses light duty assignment shall not be entitled to benefits under section 6(C)(3) of this Article. The determination of an employee’s work restrictions will be made by the employee’s physician and reviewed by the Fire Rescue Administrator and the Fire Department Physician or the EAP Coordinator, whichever is appropriate. An employee working any light duty position shall be paid, and shall be entitled to benefits, as provided for that position, except the employee shall continue under the Union Insurance Plan and shall continue under high-risk pension if the employee was under high-risk pension at the time of injury, and if permitted by law. 4. Short Term Disability (Off-The-Job). For non-job-related illness/injuries, Special Risk employees shall have a maximum duration of eighteen (18) months within which to return to the essential duties of the employee’s position, with or without a reasonable accommodation. Such time period shall be twelve (12) months for Apparatus Technicians and nine (9) months for all other employees. The ability to perform the essential duties of a position shall be determined by the Fire Rescue Department Physician and verified by the Occupational Health Clinic. Provided, that if an employee returns to work and later goes back out with any injury/illness, within six (6) months of that employees return to work from the initial illness/injury, that employees time shall be cumulative with respect to the eighteen (18) months maximum cap. 5. Medical Examination. Any employee out of work under the provision of this article may be requested by the Department to 142  present themselves for a medical examination through the Occupational Health Clinic. Such requests will be made no more frequently than every thirty (30) days. The failure of such employee to do so will terminate any payments under this article. B. Supplemental Long-Term Disability Benefits (SLTD) 1. The County shall provide the following supplemental long-term disability benefits for line of duty disability for Firefighter personnel who are in the FRS Special Risk Retirement Plan at the time of injury or illness, except that merged Lake Worth and Royal Palm Beach personnel will receive long term disability benefits as specified below. Royal Palm Beach personnel shall be entitled to an SLTD benefit as listed below in 9(B)(6), provided that calculation of these benefits shall be offset by Royal Palm Beach Pension Plan benefits as described in 9(B)(9) below. The best five (5) years average pay, Average Final Compensation (AFC), shall be determined by the Royal Palm Beach Pension fund administrator in accordance with FRS methodology. Former Lake Worth Firefighter employees who join FRS at the time of transfer and who immediately prior to transfer were non-DROP members of the Lake Worth Firefighters’ Pension Trust Fund that provided a long-term disability benefit, shall be eligible for SLTD benefits as outlined in Article 45, Section 9. Former Lake Worth Firefighter employees who remain as non-DROP participants in the Lake Worth Firefighters’ Pension Trust Fund after the transfer shall be subject to the long-term disability benefits provisions, if any, of their Lake Worth retirement system which may be supplemented by SLTD benefits. Former Lake Worth retirement plan shall not be eligible for any SLTD benefits. The SLTD benefits as determined in Article 45, Section 9, shall be off-set by any disability benefit, or regular, recurring defined benefit received from any Lake Worth retirement plan. When the employee becomes eligible for non-penalized withdrawals, whether withdrawn 143  or not, from any Lake Worth retirement fund, this amount shall be considered as FRS regular retirement benefits when determining the SLTD benefits from the County. Example: No WC, Does not qualify for FRS Disability AFC $100,000 Net SLTD Benefit (60%) $60,000 FRS Benefit $15,000 LW Non-Penalized Pension or Disability Benefit $35,000 County Obligation $10,000 2. Definition of Disability: A Firefighter is considered disabled if the Firefighter is wholly prevented from rendering useful and efficient service as a Firefighter. A Battalion Chief shall be considered disabled if the Battalion Chief is wholly prevented from rendering useful and efficient service as a Battalion Chief. A Firefighter or Battalion Chief is considered permanently disabled if that employee is likely to remain so disabled continuously and permanently. 3. This benefit will not replace Section 9(A)(1). The two (2) year disability benefit provided in Section 9(A)(1), shall remain in place. 4. Eligibility: Employees who are or were ever required to be certified Firefighters as a condition of County employment shall be eligible for this benefit from the first day of employment. Disability must arise or presume to arise in the performance of employment. Determination that the injury occurred in the line of duty, or that the disability is presumed to have arisen in the performance of employment, shall initially be made by the County. Disputes over these determinations shall be finally resolved by the grievance and arbitration procedure established in Article 16 or this Agreement. Supplemental benefits shall not be approved when the disability arises out of an injury intentionally caused by the employee. 144  Any claim incurred as a result of any injury, illness, or related condition for which a symptom or physical finding existed in such manner as would cause an ordinary prudent, person to seek medical advice, diagnosis, care or treatment, or for which medical advice, diagnosis, care or treatment was recommended or received, within the six (6) month period immediately prior to the employee’s hire date, shall not be covered until the employee is treatment free for a period of six (6) consecutive months. 5. Determination of Disability: Dispute as to whether an employee is “totally disabled” and “permanently disabled” shall be finally resolved by a Physician selected by the Union and the County, and shall not be submitted to the grievance and arbitration procedure established in Article 16 of this Agreement. Disputes over procedural, non-medical aspects of these determinations shall be finally resolved by the Fire Rescue Administrator and shall not be subject to grievance and arbitration in accordance with this Collective Bargaining Agreement. 6. Benefit: The amount of any SLTD benefit shall be determined in combination with FRS benefits (exclusive of COLAs) and Workers’ Compensation wage benefits (exclusive of COLAs after separation) as follows (the amount of any SLTD benefit awarded prior to October 1, 2024, shall be calculated in accordance with the collective bargaining agreement in place at the time the benefit was awarded): (a) Employees who apply for but are not receiving Workers’ Compensation or FRS benefits shall receive an SLTD benefit of sixty (60%) percent of the best five (5) years average pay, Average Final Compensation (AFC), as determined by the Florida Retirement System; (b) Employees who apply for and receive FRS disability benefits shall receive a SLTD benefit that, combined with the FRS disability benefit, equals eighty-five (85%) percent of the best five (5) years average pay, Average Final Compensation (AFC); 145 (c) Employees who apply for and receive FRS regular benefits shall receive a SLTD benefit that, combined with the FRS regular benefit, equals sixty (60%) percent of the best five (5) years average pay, Average Final Compensation (AFC). Employees receiving an FRS regular benefit in excess of sixty (60%) percent shall receive no SLTD payment from the County; (d) Employees who apply for and receive Workers’ Compensation benefits shall receive a SLTD benefit that, combined with the Workers’ Compensation benefit at the time of separation, equals eighty-five (85%) percent of the best five (5) years average pay, Average Final Compensation AFC). If Workers’ Compensation benefits are discontinued, the employee shall receive a benefit in accordance with subsection (6)(a) above; (e) For employees who enter into a Workers’ Compensation settlement, once the amount of the settlement treated as wages, calculated as described below in 9(B)(8), has been exhausted, the employee shall receive a benefit in accordance with subsection 6(a) above; (f) Employees who apply for and receive both Workers’ Compensation benefits and FRS disability or regular benefits that do not equal or exceed eighty-five (85%) percent of AFC when combined, shall receive an SLTD benefit that when combined with the Workers’ Compensation benefit at time of separation and the FRS benefit shall equal eighty-five (85%) percent of the best five (5) years average pay, Average Final Compensation (AFC). If Workers’ Compensation benefits are discontinued, the employee shall receive a benefit in accordance with item subsection (6)(b) or (c) above. Employees receiving Workers’ Compensation and FRS disability or regular benefits in excess of eighty-five (85%) percent of AFC shall receive no SLTD payment from the County. 146 7. Florida Retirement System (FRS): As a condition of receipt of supplemental benefits under this Article, all applicants must apply for FRS Disability benefits. FRS “Retirement Option 1” benefit amounts shall be used to calculate SLTD benefits, if the employee elects to receive Option 1 benefits. FRS “Retirement Option 2” benefit amounts shall be used to calculate SLTD benefits, if the employee elects to receive any option other than Option 1 benefits. For employees that elect the FRS Investment Plan, the monthly benefit that would have been received from “Retirement Option 1” under the FRS Defined Benefit Plan shall be used to determine the SLTD benefit. Employees shall be required to apply for FRS Regular benefits if they are denied FRS Disability benefits and if they are eligible to receive FRS Regular benefits without early retirement penalty. No employee shall be required to apply for FRS Regular benefits until such time as they may receive these benefits without early retirement penalty. At such time as an employee qualifies for “non-penalized” FRS regular benefits, and chooses not to apply for “non-penalized” benefits, the SLTD payment shall be recalculated using the Option 1 FRS benefit amount. If the calculation method for determining Average Final Compensation (AFC) is changed by FRS, the method used for calculating AFC for SLTD benefits shall be similarly changed. Retro-active recalculation of AFC, and SLTD benefits shall match the retro-active provisions adopted by FRS. The employee must provide a copy of the FRS Disability application and approval or denial letter. 8. Workers’ Compensation: All wage monies received from Palm Beach County’s Worker’s Compensation shall be used in the determination of the County’s SLTD payment. Employees who enter into a Workers’ Compensation Settlement Agreement with Palm Beach County which contains lump sum amounts designated as anything other than medical, (e.g. wages, Compensation or Indemnity), shall have thirty-five (35%) percent of this amount treated as wages. The amount of Workers’ Compensation wages shall be calculated by dividing thirty-five (35%) percent of the lump sum amount by the bi-weekly Workers’ Compensation rate at the 147  time the settlement was entered into. The resulting number represents the number of pay periods that the bi-weekly Workers’ Compensation amount will be included in the determination of the SLTD payment. Once thirty-five (35%) percent of the lump sum amount has been used in the determination of the SLTD payment, the SLTD benefit shall be adjusted in accordance with 9(B)(6) above. Example: Employee has a Workers’ Compensation settlement which includes $10,000 identified as indemnity. The settlement agreement identifies that employee was receiving $700 per pay period Workers’ Compensation non-medical benefit. $10,000 Lump Sum x 35% = $3,500 $3,500/$700 = 5 pay periods The SLTD payment shall be readjusted after 5 pay periods. 9. Royal Palm Beach Pension Benefits: Former Royal Palm Beach employees shall be eligible for SLTD benefits as outlined above, with pension benefits off-set as follows. At the time of termination of the Royal Palm Beach Pension Plan, the balance of the employee’s retirement account which can be attributed to employer contributions (Royal Palm Beach and Palm Beach County) including investment gain/loss shall be obtained from the Royal Palm Beach Pension Board Administrator, as of the date of the last contribution made by the County. When the employee becomes eligible for non-penalized withdrawals from the pension account, (or if the employee makes withdrawals earlier) that amount shall directly off- set the SLTD benefit, until such time that the recorded balance has been off-set. Example: Employee has a Royal Palm Beach retirement account balance which at time of termination of the plan includes $100,000 attributed to employer contributions including investment gain/loss. The employee was receiving $2,000 per pay period SLTD benefit. $100,000/$2,000 = 50 pay periods 148  The SLTD payment shall be reduced to $0 for fifty (50) pay periods. After fifty (50) pay periods, the SLTD payment shall be re-calculated to the appropriate amount. 10. Over-Payments: Due to the impact of FRS benefits and Workers’ Compensation benefits on the determination of the SLTD benefit, SLTD recipients shall promptly notify the County of any changes in Workers’ Compensation or FRS benefits, other than COLAs. At the time employees apply to receive SLTD benefits, they shall be required to acknowledge the obligation to notify the County of any changes in Workers’ Compensation or FRS benefits. Failure to notify the County of these changes shall obligate the recipient to repay any resulting overpayments. Overpayments resulting from retroactive FRS and Workers’ Compensation lump sum payments shall be immediately paid to Palm Beach County. In the event of an overpayment the County will recoup said overpayment if the overpayment resulted from the individual’s failure to notify the County of a retroaction payment from FRS or Workers’ Compensation, or if the employee knew or should have known about the overpayment. With the exception of lump sum payments, unless a recipient agrees otherwise, recipients who repay through a reduction in SLTD benefits shall not have their benefit reduced by more than $250 per pay period or thirty-five (35%) percent of their SLTD benefit, whichever is less. 11. Alternative Employment: An employee, who is qualified for supplemental long term disability benefits as provided for above, will undergo a functional capacity evaluation by the physician identified in Section 9(B)(5) to determine his/her ability to provide productive service to Fire Rescue in a non-firefighting bargaining unit position. Employees who are offered and accept a position within Palm Beach County, shall continue to be compensated at the rate of pay of the position they held at the time of the disabling illness or injury, or the new position, whichever is greater, and shall continue to accrue special risk retirement benefits, if permitted by law. Employees who are deemed able to work by the functional capacity evaluation, and 149  who subsequently refuse an offer of alternative employment for which they are qualified within Fire Rescue, who resign from such a position, or who are terminated for just cause from such a position, prior to eligibility for non-penalized regular retirement benefits, shall only be eligible for an SLTD benefit of fifty (50%) percent of AFC. An employee who accepts alternative employment, then subsequently suffers a decline in their medical condition, shall not be precluded from reasserting entitlement to SLTD benefits provided that after re-evaluation the employee is deemed medically unable to continue working in the alternate position. Such benefits shall be calculated on the AFC of Palm Beach County Fire Rescue high risk service only. 12. Time Frame for Application: The County shall send a notice of the right to apply for SLTD benefits at least seventy-five (75) days prior to the expiration of the two-year Short Term Disability period. In order to facilitate the transition from Short Term Disability to SLTD, employees should apply for SLTD benefits at least sixty (60) days prior to the expiration of the 2-year short term disability period to avoid being placed in out-of-pay status. However, employees who leave employment with Fire Rescue shall be eligible to subsequently apply for SLTD benefits for a period of forty-five (45) days from the date of termination, or forty-five (45) days from the date the employee first becomes aware that they have suffered an illness or injury which is compensable under the SLTD program. 13. Status Review: The Fire Rescue Administrator may request periodic review, not to exceed once every three years, of the status of the individuals receiving SLTD benefits. Individual recipients may be reviewed more frequently based on reasonable suspicion. The cost of this review shall be borne by the County. SLTD benefits will be discontinued if it is determined that the individual is able to return to work as a Firefighter and such a position is made available. Again, disputes as to “totally disabled” and “permanent” shall be determined as previously stated in this Agreement. 14. County Long Term Disability Supplemental payments will coincide with the Fire Rescue Payroll Periods. 150  C. Fire Academy Instructors Palm Beach County Fire Rescue (PBCFR) employees who are hired by a vendor approved by the Fire Rescue Administrator) to provide high-risk instruction to PBCFR personnel and are injured during said high-risk instruction, shall be provided the benefits according to Article 45, Section 9, as if those employees were working for the County; provided that any benefits received from the vendor approved by the Fire Rescue Administrator) shall be treated as if such benefits had been received from the County for the purpose of calculating and administering the benefits provided pursuant to Article 45, Section 9. For the purposes of this section, high-risk instruction shall be defined as hands-on instructional activities which require the use of personal protective equipment such as bunker gear and SCBA. Specific examples would include firefighting functions such as advancing hose lines, performing ventilation and search and rescue operations. Specifically excluded from this definition would be classroom instruction, lectures, etc. Employees seeking coverage under the provisions of this section must immediately inform the PBCFR class coordinator of the injury and complete a PBCFR "Employees Notification of Injury” report, in addition to fulfilling reporting and documentation requirements of the vendor approved by the fire Rescue Administrator. Section 10.Cancer Initiative The County and the Union will continue their commitment and support of our F.A.C.E. (Firefighters Attacking the Cancer Epidemic) Team and the FCI (Firefighter Cancer Initiative) by the University of Miami, Sylvester Comprehensive Cancer Center as they research and work to identify cancer exposure potentials and strive to provide solutions and improve existing ones that will reduce OR eliminate identified factors. We share their same purpose: to improve the health and lives of fire service personnel. 151