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15 <br /> Letter of Understanding <br /> Leave Without Pay for Off-the-Job Injuries <br /> This Letter of Understanding entered into this Ie day of December, 2002, by and <br /> between the City of Everett, hereinafter called the"City", and IAFF#46. <br /> WHEREAS, the City and IAFF #116 desire to establish procedures wherein an employee may <br /> use leave without pay for an off-the-job injury, illness and/or disability; and <br /> WHEREAS, IAFF #46 executed a disability life insurance policy that provides both short-term <br /> and long-term disability life insurance for its members; and <br /> WHEREAS, in order to qualify for said benefits under the policy, the employee must be in a <br /> leave without pay status for a portion of the month; and <br /> WHEREAS, IAFF #46 desires that an insured employee who incurs an off-duty injury or illness <br /> after 90 days of sick leave usage and who applies and receives said disability benefits be able <br /> to utilize 60% of their sick leave and 40% of said disability compensation; and <br /> WHEREAS, the City of Everett requires employees who are injured off-the-job to utilize their <br /> accrued sick leave prior to going on a leave without pay status; <br /> NOW, THEREFORE, for and in consideration of the covenants and agreements contained <br /> herein, the City and IAFF#46 agree as follows: <br /> 1. In the event that an insured employee covered by the IAFF #46 Washington State <br /> Council of Fire Fighters Disability Plan applies for and receives benefits after a minimum <br /> of 90 days from the onset of the off-the-job injury, illness or disability from said plan, the <br /> City shall permit the employee to be in a leave without pay status for up to 40% of their <br /> scheduled hours for the affected pay period. <br /> 2. It shall be the responsibility of the employee to provide proof of the disability to the <br /> Department and fill out the appropriate leave without pay paperwork prior to the leave <br /> without pay status taking effect. <br /> 3. During the leave without pay status the employee shall only receive pro-rata earned <br /> accrual of vacation and sick leave based on the sixty percent pay that said employee <br /> shall receive for his/her sick leave. If any employee has less than 60% per pay period <br /> sick leave available, the accrual earned for said pay period shall be pro-rated per <br /> present City practice, i.e., based off the number of sick leave hours utilized to offset the <br /> leave without pay status. The City's policies on FMLA, vacation usage, shared leave, <br /> and medical contribution while on leave of absence will continue. <br /> 4. Notwithstanding the foregoing 60% - 40% plan, the City maintains its right to request <br /> and receive physician statements and progress reports, and to take whatever actions it <br /> deems necessary to return an employee to work or remove him/her from the payroll in <br /> the event of total disability and/or incapacity to return to work. <br /> 2 .1 �fl <br />