ARTICLE I. IN GENERAL
24-1 Examination of employees.
(a) The city human resources director shall create and maintain a list of the positions or categories of positions in city employment for which applicants must be medically certified prior to employment. Applicants for the listed positions shall, after receipt of a conditional offer of employment, be examined by a member of the board of medical examiners established under Article II of this chapter. Certification shall be made only after such medical examinations(s) as the board determines appropriate. All examinations shall be paid for by the employing department. Except for those seeking employment as a police officer, fire fighter or in a part-time or seasonal position designated as hazardous, all persons must be examined during the first four (4) weeks of their employment. Those seeking employment as a police officer, fire fighter or in a hazardous part-time or seasonal position must be examined and found medically qualified by the board before commencing work. If necessary, the board may require an applicant to be examined by a medical specialist. For purposes of this section employment shall not be construed to include individuals engaged by the city on a contractual basis.
(b) At the conclusion of its examination(s), the medical board member shall submit a report to the human resources department, which report shall be a part of the person’s retirement file. The report shall contain one of the following conclusions as to the medical condition of the applicant:
(1) Medically qualified for the position;
(2) Medically qualified for the position sought if the following accommodations can be provided;
(3) Not medically qualified for the position.
(c) If the conclusion is number (1) above, the person will be considered legible for employment as a probationary employee with the city. If the conclusion is number (2) above, the person shall be considered medically qualified for employment as a probationary employee if the referenced accommodations are reasonable and within the city’s fiscal ability. In the event the conclusion of the board is number (3) above, the person shall be notified that he is ineligible for employment in that position with the city.
(Rev. Ords. 1962, § 301; Ord. of 9-8-75; Ord. of 8-14-79; Ord. of 10-29-01)
24-2 Examination of disabled employees; report.
(a) In the event that any regular city employee, other than an employee of the school department, shall hereafter have been disabled from his/her employment for a period of three (3) months, the head of the department employing such employee, or the mayor in the case of an employee appointed by the mayor, shall immediately arrange for an examination of such employee by a member of the board of medical examiners for the purpose of determining the status of his/her disability. In the event of a disability of less than three (3) months, a department head or the mayor may, in his or her discretion, order such examination. A department head or the mayor may also, in his or her discretion, order and arrange for the examination of an employee who, although not absent from work for any extended period of time, is not, in the opinion of the department head or the mayor, capable of performing the duties of his/her specific job classification because of medical reasons. In each of the above-listed situations, the employee shall submit to the examination required hereunder as a condition of employment.
(b) The medical board member shall, examine the employee and render a report upon such examination to human resources, the employee examined, and retirement board in the event the employee shall be a member of the Burlington Employees’ Retirement System. The report shall set forth the nature and extent of the employee’s illness or injury and whether, based upon all of the information available to the medical board member at the time of examination, it is reasonably likely that the employee will be able to return to work and perform all of the duties of his/her position within six (6) months from the date of illness or injury. In making such decision, the medical board member shall in addition to considering the employee’s existing illness or injury, consider the employee’s work history, overall physical and mental condition, and any other relevant information bearing upon the question of the reasonable likelihood of the employee’s return to full duty.
(c) If the medical board member advises that, in the board’s opinion, it is reasonably probable that the employee will recover sufficiently to allow return to full duty within six (6) months of the onset of injury or illness, the medical board member shall advise human resources of the date the employee is expected to return to the full duties of his/her position and, where appropriate, schedule and conduct a review examination approximately thirty (30) days from the initial examination and at appropriate intervals thereafter until the employee is certified to return to his/her full duties. At any time that a medical board member determines, upon reexamination as set forth herein, that it is not reasonably probable that the employee will return to full duty within six (6) months of the onset of injury or illness, the medical board members shall so advise the department head or mayor, which shall thereafter proceed pursuant to the requirements of paragraph (d) of this section.
(d) If the medical board member advised that it is not reasonably probable that the employee will return to full duty within six (6) months of the onset of injury or illness, but it is reasonably probable that the employee will be able to return to full duty if the time period for such return is extended for up to an additional six (6) months of the onset of injury or illness, the medical board member shall so advise the mayor, who may extend such period for return to full duty up to an additional six (6) months from the onset of injury or illness. The mayor shall consider the impact of such an extension on departmental operations and budget and the employee’s length of service in making this determination. In the event that the employee under consideration under this section is a mayoral appointee, the medical board member’s report shall be forwarded to the human resources director who shall have authority to make a final determination on the extension of medical leave for such employee and who shall apply the criteria identified above in making that decision.
(e) If it is determined that it is not reasonably probable that the employee will return to full duty within the time frames set forth above, the medical board member shall so advise human resources, who shall notify the employee of the medical board’s decision and take steps to terminate the employee’s employment, effective not earlier than ninety (90) days following onset of illness or injury, and advise and otherwise facilitate the employee’s application for disability benefits under the Burlington Employees’ Retirement System.
(f) Failure on the part of the employee to provide medical information to the medical examiner shall not be cause for extension of the time periods in this subsection.
(Rev. Ords. 1962, § 302; Ord. of 12-9-74; Ord. of 11-14-88; Ord. of 10-29-01)
24-3 Reserved.
Editor’s note—An ordinance adopted Oct. 29, 2001, repealed § 24-3, which pertained to probationary period, and derived from an ordinance adopted Sept. 8, 1975.
24-4 Reserved.
Editor’s note—An ordinance adopted Oct. 29, 2001, repealed § 24-3, which pertained to reexamination after an illness or injury, and derived from an ordinance adopted Sept. 8, 1975.