§ 3-114. SUBSTITUTE LEAVE; LEAVE OF ABSENCE WITH PAY FOR POLICEMEN. OVERTIME CREDIT DONATED.

(a) Subject to the conditions and limitations provided in this section a member of the Police Department, during the time he is incapacitated for the performance of his duty because of illness or injury not incurred in the performance of his employment with the city or with any other employer, shall be entitled to a leave of absence with full pay if overtime credit donations by other members are made as provided in this section and if such leave is approved by the Chief of Police. Such leave of absence shall be designated as "substitute leave."

(b) No member shall be entitled to substitute leave unless he shall have first exhausted all the sick leave, vacation leave, holiday credit, and overtime credit available to him on the date the substitute leave commences or which becomes available to him if the substitute leave continues into a new fiscal year.

(c) No member who is eligible for service retirement, or who is qualified for disability retirement under the Fresno Fire and Police Retirement System shall be entitled to substitute leave, and before any application for substitute leave for such a member may be approved, there shall be filed with the department head the certification of the City Physician that he has examined the applicant and has found that his incapacity for performance of duty is not permanent, or anticipated to be of extended duration; provided, however, that nothing contained in this subsection shall be deemed to limit or restrict any right or privilege under the provisions of such retirement system to request a determination by the Retirement Board of the applicant's eligibility for disability retirement.

(d) Written application for substitute leave shall be made to the Chief of Police. The application shall contain a schedule of proposed donations and shall include the written authorization of each member who has agreed to donate the equivalent of one or more days of time from his accumulated overtime credit to the credit of the member requesting substitute leave. In the authorization, each donor shall agree that he assigns to the member on leave all right to salary and other benefits which shall accrue on account of time donated by him. When donation is made by a member of a different class from that of the member on substitute leave, the value of the time donated shall equal the value of the time received by the member on leave, computed to the nearest hour. For the purpose of payment of salary or the payment or accrual of such benefits the city may consider the work as having been actually performed by the member on leave. The schedule of donations shall be subject to the approval of the Chief of Police, and, upon his approval of the leave of absence and the substitute credits, he shall forward a copy thereof to the Director.

(e) In cases where the member claims the illness or injury is industrial but no final determination has been made by the Industrial Accident Commission, such illness or injury may nevertheless be deemed non-industrial, for the purpose of eligibility for substitute leave until such final determination has been made; provided, that if such final determination is that the illness or injury is industrial, all accumulated overtime credits donated to and used by such member while he was on substitute leave shall be restored to the members who donated such credits.

(f) Substitute leave may extend for the duration of the incapacity of the member for the performance of his duty or until the member is separated from the city service or retired under the provisions of the Fresno Fire and Police Retirement System; provided, that no member who is eligible for any retirement and who is permanently incapacitated for return to the duties of his position and would have otherwise been separated from the service but for his entitlement to substitute leave shall be allowed to remain on substitute leave for any period which, when added to his prior service, would allow him to accumulate ten years of service; and provided further, that in no event shall such leave be allowed for a total period of more than six months on account of any one illness or injury. The department head may require such further physical examinations of a member on substitute leave as he may deem advisable to determine the member's continued eligibility for such leave. (Added Ord. 6287, 1963).