Everett Firefighters Local No. 46 12/16/2022

1 Letter of Understanding – Leave Without Pay for Off-the-job Injuries This Letter of Understanding entered into this ______ day of , 2022, 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 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. Upon receiving long term disability benefits from the IAFF #46 selected disability 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 period of incapacity. The remaining 60% of leave will be deducted from their sick bank unless vacation time is authorized per the Chief of Fire. If the employee is receiving benefits under Washington Paid Family Leave, the employee shall only receive supplementation not to exceed 100% of their gross wages if they elect to supplement. IAFF acknowledges that the City cannot supplement more than what is afforded under State law for employees receiving Washington Paid Family Medical benefits. The employee will abide by the City’s leave process when requesting time away from work including providing proof of disability and intent to utilize the 60/40 benefit. 2 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. 3. It shall be the employee's responsibility to reconcile their monthly pay from the City with payments from the disability insurance carrier to ensure that they do 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