Common use of Temporary No-Duty Clause in Contracts

Temporary No-Duty. a. Officers will be in a temporary no-duty status when they are unable to perform the duties and responsibilities of the assignment without representing an unreasonable risk to themselves, other employees or the public. An officer on sick leave or disability leave will be in this status and his/her return to another status must occur consistent with Article 23, §A.3 of this agreement. Sick leave approved in advance for such incidents as medical appointments, family illness, etc., will be an exception to the policy in that the officer will not be in a no-duty status. In other extenuating circumstances, such as leaving work due to a sudden illness or a minor injury, the officer’s immediate supervisor may grant permission for the officer to operate a PPV for a reasonable period of time in order to return to his principal place of residence. b. The following conditions apply initially to an officer in a no-duty status: (1) The officer will not wear the police uniform. (2) The officer will not operate a police vehicle. c. An officer using more than five (5) consecutive days of sick leave shall submit to his/her supervisor a certificate from a physician or other recognized medical practitioner. The certificate shall confirm the illness and officer’s inability to report to work or to perform part or all of the duties and responsibilities of his position and the dates of treatment. d. After evaluating various factors such as the officer’s ability to handle a weapon, operate a police vehicle, make an arrest, deal with the public, etc., a determination will be made as to what restrictions will apply to the officer. e. In all cases, the officer will be notified as to what restrictions apply in his/her case. f. When the officer remains in this status for more than three (3) days if the cause was job- related or more than fifteen days (15) if the cause was not job-related, the following condition will apply in addition to those (¶ 5.b.1 and 2) above: The service increment will be delayed if the period of no-duty exceeds 50% of the rating period in accordance with Article 28. In such cases, reassignment of increment dates is not always necessary. The officer must be notified in writing by the department head and be given the reason for the delay prior to the effective date of the action. The necessary paper work should be completed and sent to the Police Personnel Section via the chain of command by the fifth of the month (preceding the increment date) to ensure timely processing.

Temporary No-Duty. a. Officers will be in a temporary no-duty status when they are unable to perform the duties and responsibilities of the assignment without representing an unreasonable risk to themselves, other employees or the public. An officer on sick leave or disability leave will be in this status and his/her return to another status must occur consistent with Article 23, §A.3 of this agreement. Sick leave approved in advance for such incidents as medical appointments, family illness, etc., will be an exception to the policy in that the officer will not be in a no-duty status. In other extenuating circumstances, such as leaving work due to a sudden illness or a minor injury, the officer’s immediate supervisor may grant permission for the officer to operate a PPV for a reasonable period of time in order to return to his principal place of residence. b. The following conditions apply initially to an officer in a no-duty status: (1) The officer will not wear the police uniform. (2) The officer will not operate a police vehicle. c. An officer using more than five (5) consecutive days of sick leave shall submit to his/her supervisor a certificate from a physician or other recognized medical practitioner. The certificate shall confirm the illness and officer’s inability to report to work or to perform part or all of the duties and responsibilities of his position and the dates of treatment. d. After evaluating various factors such as the officer’s ability to handle a weapon, operate a police vehicle, make an arrest, deal with the public, etc., a determination will be made as to what restrictions will apply to the officer. e. In all cases, the officer will be notified as to what restrictions apply in his/her case. f. When the officer remains in this status for more than three (3) days if the cause was job- job-related or more than fifteen days (15) if the cause was not job-related, the following condition will apply in addition to those (¶ 5.b.1 and 2) above: The service increment will be delayed if the period of no-duty exceeds 50% of the rating period in accordance with Article 28. In such cases, reassignment of increment dates is not always necessary. The officer must be notified in writing by the department head and be given the reason for the delay prior to the effective date of the action. The necessary paper work should be completed and sent to the Police Personnel Section via the chain of command by the fifth of the month (preceding the increment date) to ensure timely processing.