Everett Firefighters Local No 46 1/3/2020

Letter of Understanding—Leave Without Pay for Off-the-job Injuries This Letter of Understanding entered into this j54' day of December,2019,by and between the City of Everett,hereinafter called the"City",and IAFF#46. WHEREAS,the City and IAFF#46 desire to establish procedures wherein an employee may use leave without pay for an off-the-job injury,illness and/or disability;and WHEREAS,IAFF#46 executed a disability life insurance policy that provides both short-term and long- term disability life insurance for its members;and WHEREAS,in order to qualify for said benefits under the policy,the employee must be in a leave without pay status for a portion of the month;and WHEREAS,IAFF#46 desires that an insured employee who incurs an off-duty injury or illness after 90 days of sick leave usage and who applies and receives said disability benefits be able to utilize 60%of their sick leave and 40%of said disability compensation;and WHEREAS,the City of Everett requires employees who are injured off-the-job to utilize their accrued sick leave prior to going on a leave without pay status; NOW,THEREFORE,for and in consideration of the covenants and.agreements contained herein,the City and IAFF#46 agree as follows: 1. In the event that an insured employee covered by the selected IAFF#46 Disability Plan applies for and receives benefits after a minimum of 90 days from the onset of the off-the-job injury, illness or disability from said plan,the City shall permit the employee to be in a leave without pay status for up to 40%of their scheduled hours for the affected pay period. 2. It shall be the responsibility of the employee to provide proof of the disability to the Department and fill out the appropriate leave without pay paperwork prior to the leave without pay status taking effect. 3. During the leave without pay status the employee shall only receive pro-rata earned accrual of vacation and sick leave based on the sixty percent pay that said employee shall receive for his/her sick leave.If any employee has less than 60%per pay period sick leave available,the accrual earned for said pay period shall be pro-rated per present City practice,i.e.,based off the number of sick leave hours utilized to offset the leave without pay status.The City's policies on FMLA, vacation usage, shared leave,and medical contribution while on leave of absence will continue. 4. Notwithstanding the foregoing 60%-40%plan,the City maintains its right to request and receive physician statements and progress reports,and to take whatever actions it deems necessary to return an employee to work or remove him/her from the payroll in the event of total disability and/or incapacity to return to work. 5. It shall be the employee's responsibility to reconcile his/her monthly pay from the City with payments from the disability insurance carrier to ensure that he/she does not violate and/or breach any of the terms and conditions of the disability insurance policy,including but not limited to the 100%payout ceiling.IAFF#46 recognizes that the City does not have any liability with or to the disability insurance carrier or IAFF#46 whatsoever with regard to insurance disputes between the carrier and employees represented by IAFF#46,including but not limited to the reconciliation of pay and the 100%payout ceiling.Further,IAFF#46 agrees to indemnify,defend and hold harmless the City of Everett,its officers,elected officials,employees and agents from any and all claims,demands,losses,liens,liabilities,penalties,fines,lawsuits,and other proceedings,and all judgments,awards,costs and expenses(including attorneys'fees and disbursements)caused by or occurring as a result of any dispute between an employee represented by IAFF#46 and the disability insurance carrier. 6. Both IAFF#46 and the City have participated in the drafting of this Letter of Understanding.As such,it is agreed by the parties that the general contract rule of law that ambiguities in the contract language shall be construed against the drafter of a contract shall have no application to any legal proceeding,arbitration and/or action in which this contract and its terms and conditions are being interpreted and/or enforced. 64