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Management Rights - AELE's Home Page

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Sick and Injury Leave Rules 10-10<br />

Pending a determination of eligibility for injured on duty leave, an<br />

employee may be placed on sick leave. Individuals requesting injury leave<br />

will cooperate in the Department's investigation, including, but not limited<br />

to, providing information concerning the circumstances of the occurrence<br />

causing the alleged disability and supplying or authorizing access to<br />

medical reports. Employees will submit to an examination by a<br />

municipally-designated physician, when instructed to do so.<br />

The following will not constitute on duty time, and injuries occurring at<br />

such times will therefore not be considered to have occurred in the line of<br />

duty:<br />

<br />

<br />

<br />

traveling to or from work (whether at the station or other place<br />

of assignment);<br />

traveling to or from paid details, court, any place of training or<br />

a mutual aid assignment; and<br />

during meal or coffee (rest) or other work breaks.<br />

No injured on duty leave will be allowed where the disability results from<br />

the use of drugs or alcohol, where the employee was negligent, where the<br />

employee was violating any departmental rule, regulation, policy or<br />

procedure, or was violating any law or by-law/ordinance.<br />

In computing the pay to which a disabled employee is entitled, base pay<br />

only will be used. Compensation will not include education incentive,<br />

specialist pay, shift differential, holiday pay, hazardous duty pay,<br />

longevity or other extra pay to which an individual might otherwise have<br />

been entitled in addition to base pay.<br />

No uniform allowance will be paid to or on behalf of persons absent on<br />

injury leave for more than six (6) months during any fiscal year.<br />

Those injured through fault of their own will not be eligible for disability<br />

leave. For the purpose of this Article, fault shall mean any negligent or<br />

intentional conduct of the employee which is the primary factor<br />

contributing to the injury.<br />

Disabled persons will, upon request, turn in their weapons and any<br />

departmentally issued property or equipment.<br />

For administrative purposes, injured employees will be deemed to be<br />

assigned to the day shift. Therefore, should the individual be required to<br />

confer with department or municipal officials, attend court in connection<br />

with pending cases, or submit to an examination, or perform similar<br />

activities, no requirement for extra compensation will be involved.<br />

Commonwealth of Massachusetts

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