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Table Of Contents

 1. Purpose

 2. Definitions

 3. Preparation, Adoption and Revision of Regulations

 4. Exemptions from Civil Service

 5. Classification Plan

 6. Pay Plan

 7. General Requirements for Applicants

 8. Applications

 9. Examinations

10. Eligible Lists

11. Requisitions, Certification and Appointment

12. Limited-Term Appointments

13. Assignments and Transfers

14. Probationary Period

15. Resignation, Reinstatement, Restoration and Retirement

16. Layoffs

17. Dismissals, Demotions, Suspensions and Appeals

18. Hours of Work and City Service

19. Holidays

20. Vacation Leave

21. Sick Leave

22. Leaves of Absence

23. Performance Reports

24. Working Conditions

25. Records and Reports

26. Training of Employees

27. Safety, Health, Welfare and Recreation

28. Labor Relations

29. Political Activity

30. Residence Requirement

31. Interim Regulations

32. Injury and Disability:

33. Miscellaneous Regulations


Alphabetical Index

A  B  C  D  E  F  G  H  I  J  K  L  M  N  O  P  Q  R  S  T  U  V  W  X  Y  Z




32. INJURY AND DISABILITY


32.01 - PURPOSE, SCOPE AND EFFECTIVE DATE.
32.011 - PURPOSE.  The purpose of this section of this regulation is to provide benefits for and it shall apply to all employees in the civil service except, temporary, emergency, seasonal, and part-time employees, and those paid at an established hourly rate.  (Refer to Section 6.151.)
32.012 - SCOPE.  This regulation deals with:
32.0121 - temporarily disabled employees;
32.0122 - permanently and totally disabled employees;
32.0123 - permanently and partially disabled employees.
32.013 - EMPLOYEES COVERED.  This regulation applies to any employees entitled on or after January 1, 1961, to compensation as disabled employees.  Employees who elect to receive Worker's Compensation benefits are not entitled to benefits under this regulation except as otherwise provided in these regulations.
32.014 - RETROACTIVE PAYMENTS.  This regulation does not authorize payments for any period prior to the date the provision in it conferring the particular benefit on the particular class became operative.
32.02 - DEFINITIONS.
32.021 - DATE OF DISABILITY  the date of the earliest event which caused a specific disabling condition or conditions or proximately contributed to their development.  If such disabled employee continued full, normal, active duties without interruption following the disabling event, the date of disability arising therefrom shall be the date of the first interruption in full, normal, active duties caused by said disability.  The date of disability shall not be further deferred or restated by reason of any subsequent resumption of full, normal, active service.
32.022 - DISABILITY  a physical or mental condition caused by injury or occupational disease, including heart and lung ailments, which is service-connected and prevents an employee from performing the essential functions of the job classification to which the employee is assigned, with or without accommodation.  For purposes of this section, disability does not include any condition which is self-inflicted or caused by another person for reasons personal to the employee and not because of this employment.
32.023 - DISABILITY SALARY  Seventy-five percent (75%) of the base pay an employee was being paid on the date of disability for all employees who are required by the tax code to make Social Security contributions and eighty (80%) percent of the base pay an employee was being paid on the date of disability for all employees who are not required by the tax code to make Social Security contributions.  This base pay shall be adjusted in accordance with any subsequent upward or downward revision of the rates of pay for positions in the employee's class plus any earned pay step increases which the employee would have received subsequent to the disability date had the employee not been disabled, and assuming the employee had received performance ratings of Satisfactory or better.  Base pay shall exclude: overtime, holiday pay, and out of class.  Deductions shall be made for Social Security and pension except for employees represented by the Fraternal Order of Police and the International Association of Firefighters who shall have only deductions made for pension.  Other deductions to be made according to the relevant provisions of the tax code.  Disability salary payments are made in lieu of Workers' Compensation.
32.0231 - DISABILITY SALARY FOR POLICE OFFICERS INJURED ON DUTY.  Notwithstanding any other provisions of these regulations, a Police Officer who is injured on duty as (1) an immediate result of the violent conduct of a third party that was directed towards the officer or a member of the public, or (2) an immediate result of performing other heroic action in an emergency situation in the line of duty, shall receive IOD pay at 100% of the officer's pre-injury base pay, including longevity.  This regulation shall not cover injuries resulting from vehicular accidents in which the injured officer is a vehicular occupant at the time of the injury.  The determination for the 100% pre-injury pay benefit shall be made at the sole discretion of the Police Commissioner.
32.024 - ELIGIBILITY FOR RETIREMENT  the possession of minimum service and age requirements to qualify for pension or retirement benefits from the Municipal Pension Fund of Philadelphia, provided however, that, for the purposes of this Regulation the minimum retirement age for Fire employees retiring under the provision of the Firemen's Pension Fund Plan (Fire Division-Old, Ordinance of December 3, 1956, Bill 907) shall be deemed to be fifty (50) years of age.
32.025 - MEDICAL BOARD  a committee consisting of three physicians designated, as needed, selected by the Philadelphia County Medical Society or other professional sources apart from the City government.
32.026 - PARTIAL DISABILITY  disability which prevents an employee from performing the normal duties of the employee's position, but which does not prevent the employee from performing the duties of some other position in the civil service.
32.027 - PERMANENT DISABILITY  disability determined as not medically correctable and likely to continue for the remainder of the employee's life.
32.028 - SERVICE-CONNECTED DISABILITY  any disability arising out of or occurring in the course of employment in the civil service.
32.029 - TEMPORARY DISABILITY  disability determined not to be permanent.
32.0210 - TOTAL DISABILITY  disability which prevents an employee from performing any kind of gainful employment.
32.03 - DETERMINATION AS TO THE NATURE AND SERVICE CONNECTION OF DISABILITY.
32.031 - TOTAL OR PARTIAL AND PERMANENT OR TEMPORARY DETERMINATIONS.  Determination as to whether disability is total or partial or permanent or temporary shall be made as follows:
32.0311 - The Medical Director shall initially determine the nature and extent of the disability.
32.0312 - The disabled employee or the appointing authority has the right to ask that a Medical Board review the determination of disability.  This request, in writing, must be filed with the Director not later than fifteen (15) days after receipt by the employee of a written notice from the Director of such determination made by the Medical Director.
32.0313 - Any employee, at the employee's own expense, may obtain and present to the Medical Board any medical histories, reports or testimony.
32.0314 - After the Medical Board completes its examinations and reviews the evidence, it shall report its findings and conclusions to the appointing authority and to the disabled employee or the employee's physician, which findings and conclusions shall prevail subject only to appeal to the Civil Service Commission.
32.032 - SERVICE-CONNECTED DISABILITY DETERMINATIONS.  Determination of whether a disability is service-connected shall be made by the employee's appointing authority on the basis of:
32.0321 - All the facts in the service history of the case.
32.0322 - The findings of the Medical Director and/or the Medical Board.
32.0323 - Such evidence as the employee, at employee's own expense, may submit of the service-connection of the disability.
32.0324 - Other relevant evidence submitted to the appointing authority.
32.0325 - There shall be no presumption that any disability is service-connected, but such determination shall be made as provided herein.
32.033 - PRIOR DETERMINATIONS.  A determination made prior to this regulation concerning the nature or service-connection of an employee's disability shall be accepted as a basis for benefits under this regulation.
32.034 - REVIEW AND REDETERMINATION OF DISABILITY STATUS.  Upon written request filed with the Director an employee may, not more than once in each calendar year, obtain a review and redetermination of the status of the employee's disability.
32.04 - TEMPORARILY DISABLED EMPLOYEES.
32.041 - COMPENSATION.  The compensation of a temporarily disabled employee shall be:
32.0411 - Disability salary; plus
32.0412 - Seventy-five (75%) percent for all employees who are required by the tax code to make Social Security contributions and eighty (80%) percent for all employees who are not required by the tax code to make Social Security contributions of any increments to which the employee becomes entitled during the period of disability prior to the employee's return to as provided by law.
32.0413 - Notwithstanding any other provision of these regulations, an employee shall not be eligible for compensation under these regulations unless the employee has complied with the provisions herein.
32.0414 - COMPENSATION FOR TEMPORARILY DISABLED POLICE OFFICERS INJURED ON DUTY.  Notwithstanding any other provisions of these regulations, a Police Officer who is injured on duty as (1) an immediate result of the violent conduct of a third party that was directed towards the officer or a member of the public, or (2) an immediate result of performing other heroic action in an emergency situation in the line of duty, shall receive IOD pay at 100% of the officer's pre-injury base pay, including longevity.  This regulation shall not cover injuries resulting from vehicular accidents in which the injured officer is a vehicular occupant at the time of the injury.  The determination for the 100% pre-injury pay benefit shall be made at the sole discretion of the Police Commissioner.
32.042 - WORK ASSIGNMENTS.  The appointing authority or the Director may assign a temporarily disabled employee to other duties during the period of disability.  Such assignment shall be consistent with the employee's physical condition and shall be approved by the Medical Director.
32.043 - MEDICAL AND PHYSICAL RE-EXAMINATIONS.  A temporarily disabled employee must remain under the care of a physician authorized by the Medical Director to be entitled to benefits under this regulation.  At any time, and from time to time, the appointing authority may require a temporarily disabled employee to be re-examined and a redetermination made of the employee's disability status.
32.044 - RETURN TO DUTY.  Any employee determined to be able to resume the employee's duties shall do so upon instructions of the appointing authority.
32.045 - TIME RESTRICTION.  An employee determined to be temporarily disabled may be continued in such status for a period not to exceed one year for each work-related injury.  Upon the recommendation of the Medical Director, the period in temporary total disability status may be extended in six (6) month increments at the discretion of the appointing authority.  An employee may be continued in temporary total disability status for a period not to exceed three years in the aggregate, during an employee's employment with the City.
32.046 - RELATED COVERAGE AND BENEFITS.  During the period of temporary disability, the said employee shall be entitled to pay pension contributions and shall continue to receive health-medical plan and group life insurance benefits, and accrue credits for sick leave, and the employee's absence from work during such disability shall not be charged against accrued sick leave.
Should such employee continue in temporary disability status and receive the maximum three (3) year benefits for temporary total disability, the employee shall, at the termination of such maximum payment period, be separated from City employment, and, in consideration of the maximum benefits received hereunder, he shall forfeit all claims or rights to accumulated sick leave, accumulated vacation leave, and compensatory time to the employee's credit, and shall receive, so long as the disabled employee is under active treatment with a physician authorized by the Medical Director, the medical care and hospitalization required in connection with such disability as approved by the Medical Director.
32.047 - COMPLIANCE WITH TREATMENT.  An employee determined to be temporarily disabled shall cooperate with and accept all reasonable and appropriate City provided medical care including diagnostic testing, physical therapy, and established corrective surgical procedures in order to continue receiving benefits under this section.
A Regulation 32 employee who is instructed, by a physician authorized by the Medical Director, to accept reasonable medical treatment, and does not do so, is being insubordinate, even if the employee disagrees with the treatment.  In such a situation, however, the employee may appeal to the Civil Service Commission.  Should the employee file an appeal with the Civil Service Commission within thirty (30) days of such refusal to accept the treatment, the employee's absence from work for the period between the date of filing such appeal and the date a decision thereon is entered by the Commission shall be charged against accrued sick leave, vacation leave or holiday compensatory time.  In the event that accrued sick and vacation leave and compensatory time are utilized and exhausted during the period prior to the Commission's decision, the employee shall thereafter be carried without pay.  A Commission decision adverse to the employee will entitle the City to recover wages paid by the City for sick leave so used retroactive to the date of the appeal.
In the event the treatment ordered is to undergo surgery against the recommendation of the employee's private physician, this regulation provides for an intermediary step wherein a doctor shall be selected from a standing panel of surgeons chosen by the City and the unions to render a determinative opinion as to the efficacy of surgery.  All appeals to the Civil Service Commission from this determinative opinion shall be made in accordance with the above section.
32.048 - VERIFICATION OF INCOME.  An employee determined to be temporarily disabled shall provide copies of the employee's federal tax return(s) for the year(s) in which the employee was temporarily disabled.
32.05 - PERMANENTLY AND TOTALLY DISABLED EMPLOYEES.
32.051 - COMPENSATION.  Any permanently and totally disabled employee shall:
32.0511 - Be continued to be compensated at disability salary for one year except in cases wherein the appointing authority extends the period in six (6) month increments, in which case, the compensation shall not exceed in the aggregate three (3) years.
32.0512 - Also receive, so long as the disabled employee is under active treatment with a physician authorized by the Medical Director, medical care and hospitalization required in connection with such disability as approved by the Medical Director.
32.052 - MEDICAL AND PHYSICAL RE-EXAMINATIONS.  At any time, and from time to time, during the three (3) year period, an employee may be re-examined and a redetermination made of the employee's disability status.
32.053 - WAIVER OF BENEFITS AND SEPARATION FROM EMPLOYMENT.  Any totally and permanently disabled employee who is paid compensation under this section shall, as of the date the employee is determined to be permanently disabled, be considered to be separated from City employment, and shall, in consideration of benefits hereby provided, forfeit the following rights and privileges;
  1. accumulated sick leave;
  2. accumulated vacation leave;
  3. compensatory time to the employee's credit
The said disabled employee shall nevertheless continue to receive health-medical plan and group life insurance benefits provided by the Civil Service Regulations until the expiration of the allotted period of disability payments, and shall receive, so long as the disabled employee is under active treatment with a physician authorized by the Medical Director, the medical care and hospitalization required in connection with such disability as approved by the Medical Director.
32.054 - COMPLIANCE WITH TREATMENT.  An employee determined to be permanently and totally disabled shall cooperate with and accept all reasonable and appropriate medical care including diagnostic testing, physical therapy, and established corrective surgical procedures in order to continue receiving benefits under this regulation.
A Regulation 32 employee who is instructed, by a physician authorized by the Medical Director, to accept reasonable medical treatment, and does not do so, is being insubordinate, even if the employee disagrees with the treatment.  In such a situation, however, the employee may appeal to the Civil Service Commission.  Should the employee file an appeal with the Civil Service Commission within thirty (30) days of such refusal to accept the treatment, the employee's absence from work for the period between the date of filing such appeal and the date a decision thereon is entered by the Commission shall be charged against accrued sick leave, vacation leave or holiday compensatory time.  In the event that accrued sick and vacation leave and compensatory time are utilized and exhausted during the period prior to the Commission's decision, the employee shall thereafter be carried without pay.  A Commission decision adverse to the employee will entitle the City to recover wages paid by the City for sick leave so used retroactive to the date of the appeal.
In the event the treatment ordered is to undergo surgery against the recommendation of the employee's private physician, this regulation provides for an intermediary step wherein a doctor shall be selected from a standing panel of surgeons chosen by the City and the unions to render a determinative opinion as to the efficacy of surgery.  All appeals to the Civil Service Commission from this determinative opinion shall be made in accordance with the above section.
32.055 - VERIFICATION OF INCOME.  An employee determined to be permanently and totally disabled shall provide copies of his federal tax return for the year(s) in which he was permanently and totally disabled.
32.06 - PERMANENTLY AND PARTIALLY DISABLED EMPLOYEES.
32.061 - PLACEMENT PROGRAM.
32.0611 - Any permanently and partially disabled employee shall be referred to the Personnel Department for possible re-employment in a position compatible with employee's disability, skills, abilities or aptitudes.  (Such position will be referred to as a secondary position.)
32.06111 - A permanently and partially disabled employee who rejects a secondary job offer shall provide reports from the employee's physician(s) outlining any work-related medical restrictions.
32.0612 - The Personnel Department shall:
32.06121 - determine the employee's qualifications;
32.06122 - determine classes of positions for which the employee would be eligible;
32.06123 - refer the employee to a department(s) for placement in which an appropriate vacancy exists for consideration;
32.06124 - certify the employee for employment on a voluntary demotion basis at the earliest possible date.
32.0613 - Any employee, who, in the opinion of the Director, refuses to cooperate in the placement program, or in a rehabilitation program, or to accept or continue in the employment offered, shall, as of the date of any such refusal, be separated from municipal employment, and the employee's rights to disability benefits under this regulation shall be limited to a period of one year from the date of disability, provided however, that the employee may appeal to the Civil Service Commission, as herein provided.  Following the date of separation from municipal employment the employee shall, in consideration of the benefits hereby provided, forfeit the following rights and privileges:
  1. accumulated sick leave;
  2. accumulated vacation leave;
  3. compensatory time to employee's credit.
The employee shall nevertheless continue to receive hospital and group life insurance benefits provided by the Civil Service Regulations until the expiration of the one year period of disability payments, and shall receive, so long as the disabled employee is under active treatment with a physician authorized by the Medical Director, the medical care and hospitalization required in connection with such disability as approved by the Medical Director.
32.0614 - COMPLIANCE WITH TREATMENT.  An employee determined to be temporarily disabled shall cooperate with and accept all reasonable and appropriate City provided medical care including diagnostic testing, physical therapy, and established corrective surgical procedures in order to continue receiving benefits under this section.
A Regulation 32 employee who is instructed, by a physician authorized by the Medical Director, to accept reasonable medical treatment, and does not do so, is being insubordinate, even if the employee disagrees with the treatment.  In such a situation, however, the employee may appeal to the Civil Service Commission.  Should the employee file an appeal with the Civil Service Commission within thirty (30) days of such refusal to accept the treatment, the employee's absence from work for the period between the date of filing such appeal and the date a decision thereon is entered by the Commission shall be charged against accrued sick leave, vacation leave or holiday compensatory time.  In the event that accrued sick and vacation leave and compensatory time are utilized and exhausted during the period prior to the Commission's decision, the employee shall thereafter be carried without pay.  A Commission decision adverse to the employee will entitle the City to recover wages paid by the City for sick leave so used retroactive to the date of the appeal.
In the event the treatment ordered is to undergo surgery against the recommendation of the employee's private physician, this regulation provides for an intermediary step wherein a doctor shall be selected from a standing panel of surgeons chosen by the City and the unions to render a determinative opinion as to the efficacy of surgery.  All appeals to the Civil Service Commission from this determinative opinion shall be made in accordance with the above section.
32.062 - SUPPLEMENTARY COMPENSATION.
32.0621 - A permanently and partially disabled employee employed in a secondary position shall be paid in accordance with the pay rates for such position.
32.06211 - At the time of assuming the duties of such secondary position, the employee shall receive the minimum pay step of the pay range for the class.
32.06212 - The employee shall also be entitled to pay step increases in his new position under the Pay Plan.
32.06213 - In addition, the pay for the secondary position shall be supplemented by the difference between the salary rate of the secondary position and the pre-injury salary rate, provided that as the employee receives pay step increases in the secondary position, the supplementary pay shall be decreased accordingly.  If and when the pay for the secondary position equals or exceeds the pre-injury salary, the supplementary pay shall cease.
32.0622 - If the pay rate for the position held by an employee at the date of disability is reduced, the reduced sum shall thereupon become the basis for computation of supplementary pay.
32.0623 - Supplementary pay for an employee shall cease, irrespective of his pay from the secondary position, upon the employee achieving eligibility for retirement or at the expiration of one year from the date of disability, whichever is later.
32.0624 - A permanently and partially disabled employee shall, so long as the disabled employee is under active treatment with a physician authorized by the Medical Director, also receive medical care and hospitalization required in connection with such disability as approved by the Medical Director.
32.0625 - A permanently and partially disabled employee shall provide copies of the employee's tax return(s) for the year(s) in which the employee was permanently and partially disabled.
32.063 - LOSS OF SUPPLEMENTARY COMPENSATION BECAUSE OF DISCHARGE OR FORCED SEPARATION.
32.0631 - The supplementary pay of an employee, who is discharged from the secondary position for disciplinary reasons, shall cease on the date of discharge, and the employee shall be compensated at the disability salary for a period not to exceed one year after the date of disability.
32.0632 - An employee determined to be unable, because of the employee's disability, to efficiently perform the duties of the secondary position, shall be separated from that position, and the Personnel Department shall attempt to place the employee in another secondary position with supplementary compensation.
32.06321 - Pending such subsequent placement, the employee shall be entitled to the benefits conferred by Section 32.064 to the extent the maximum amount the employee might be entitled to receive thereunder shall not have been paid to the employee either pursuant to the provisions thereof or by way of supplementary pay under Section 32.062.
32.064 - INABILITY TO RE-EMPLOY A PERMANENTLY AND PARTIALLY DISABLED EMPLOYEE.
32.0641 - The Personnel Department shall make placements under the provisions of Section 32.061 as early as possible following determination of permanent and partial disability.
32.0642 - So long as the Personnel Department is unable to place and maintain a disabled employee in a secondary position because of the employee's physical disability or because of lack of vacancies for which the employee is eligible, the employee shall be compensated at disability salary for periods after the date of separation from the appointing authority not to exceed six (6) months.  However, the appointing authority may extend this time for additional periods not to exceed in the aggregate one (1) year from the date of the determination of permanent and partial disability.  During the period the disabled employee is awaiting placement in a secondary position, the employee shall continue to receive health-medical plan and group life insurance benefits and shall be entitled to pay pension contributions.  During such period of awaiting placement the employee shall not earn or accrue sick leave, vacation leave, or compensatory time, and the employee's absence from work shall not be charged against accrued sick leave.  Subsequent placement will entitle the employee to carry to the secondary position any previously accumulated sick leave and vacation leave.  Should such employee not be placed in a secondary position, but receive the maximum one (1) year benefit during said disability, the employee shall, at the termination of such maximum payment period, be separated from City employment, and in consideration of the maximum benefits received hereunder, shall forfeit all claims or rights to accumulated sick leave, accumulated vacation leave, and compensatory time to the employee's credit, and shall receive, so long as the disabled employee is under active treatment with a physician authorized by the Medical Director, the medical care and hospitalization required in connection with such disability as approved by the Medical Director.
32.0643 - An employee performing any gainful employment while awaiting placement must report such employment and any income derived from it shall be deducted from the payments to which the employee would be entitled under this regulation.  Employees failing to report such earnings may be denied by the Director of Finance part or all of the benefits under this regulation.
32.07 - DISABILITY INCURRED SUBSEQUENT TO ELIGIBILITY FOR RETIREMENT.  If an employee becomes disabled after attaining eligibility for retirement and such disability is determined to be permanent and partial, this regulation shall apply, provided however, that the employee shall not receive after one (1) year after the date of disability any supplementary compensation to augment that received from the secondary position.
32.08 - CUT-OFF DATE OF BENEFITS.  No benefits under this regulation shall extend beyond the date when the employee is required, because of pension or retirement age, to be separated from City employment.
32.09 - BENEFITS OF THIS REGULATION NOT TO DUPLICATE WORKERS' COMPENSATION.
  1. If as a result of service-connected injury or illness an employee becomes entitled to Workers' Compensation benefits under the Act of June 2, 1915, P. L. 736, as amended, the benefits to which the employee is entitled under the terms of this Regulation, including supplementary pay received in secondary positions, for any particular week, shall, to the extent and in the amount of Workers' Compensation benefits payable for that week, be considered a payment of wages in lieu of compensation, provided however, that this subsection (a) shall not apply to such physical losses as are governed by subsections (b) hereof.

  2. Payments to which an employee becomes entitled under the Workers' Compensation Act by reason of any permanent loss or losses of a physical organ or part of the body, or of its use, as defined by Section 306(c) of the Workers' Compensation Act, except:
    1. payments provided for under subsection (25) of that section, or
    2. payments related to the same injury or incident of disability supporting the award of benefits under this section, shall not be considered as wages in lieu of compensation.


  3. Nothing herein contained shall affect in any manner any right of the City to be subrogated as heretofore to the rights of the employee against any third party, as provided by Section 319 of the Workers' Compensation Act or by any other rule of law.

  4. If an employee receives Worker's Compensation disability benefits for a period for which the employee used sick leave, the City is entitled for a week for week credit for the sick leave against the Worker's Compensation benefits.

32.10 - BENEFITS OF THIS REGULATION NOT TO DUPLICATE PENSION BENEFITS.  The benefits of this Regulation shall not apply to an employee while the employee is receiving any pension payments from the Municipal Pension Fund of Philadelphia.
32.11 - REGULATION 32 EMPLOYEE REFUSING TO RETURN TO WORK ON INSTRUCTIONS FROM THE MEDICAL DIRECTOR OR THE MEDICAL DIRECTOR'S DESIGNEE.  A Regulation 32 employee who is instructed by a physician authorized by the Medical Director, to return to work, either on a full-active or limited duty basis, and does not do so, is being insubordinate, even if the employee feels physically unable to return to work.  In such a situation, however, the employee may appeal to the Civil Service Commission.  Should the employee file an appeal with the Civil Service Commission within thirty (30) days of such refusal to return to work, any absence from work for the period between the date of filing such appeal and the date a decision thereon is entered by the Commission shall be charged against accrued sick leave, vacation leave or holiday compensatory time.  In the event that accrued sick and vacation leave and compensatory time are utilized and exhausted during the period prior to the Commission's decision, the employee shall thereafter be carried without pay.  A Commission decision adverse to the employee will entitle the City to recover wages paid by the City for sick leave so used retroactive to the date of the appeal.
32.12 - APPEALS.
32.121 - The following employees may appeal to the Civil Service Commission from an action of their appointing authority or the Personnel Director depriving them of more than ten (10) days' benefit under this Regulation, provided that such appeal is filed with the Commission within fifteen (15) days of receipt by the employee of written notice of the action complained of:
32.1211 - Any employee aggrieved by a finding as to the existence, nature, or service-connection of the employee's disability.
32.1212 - Any employee who contends that the employee is justified in refusing an offer of employment made to him by the Personnel Department in accordance with this Regulation.
32.1213 - Any employee denied any benefits under this Regulation for failure to report earnings as required by Section 32.0643.
32.122 - The hearing on such appeals may be before one Commissioner.
32.123 - The Commission will not hear on appeal any evidence not presented by the employee to the appointing authority or the Medical Board, as the case may be, prior to the determination being appealed from unless such evidence was not reasonably capable of being so presented at that time.  If the Commission determines additional evidence should be received the case will be referred back to the appointing authority or the Medical Board to receive it and reconsider the determination in light of it.
32.124 - The decision of the Civil Service Commission upon the appeal shall be final.
32.13 - EFFECT OF PENSION AND OTHER BENEFITS.  Any and all payments by benefits from the City which an employee is entitled to receive or accrue, including hospitalization, sick leave, vacation leave, holiday leave, compensatory time, and disability payments to which an employee may be entitled under this Regulation, shall be suspended and not made for any period during which an employee is receiving pension benefits under an established or recognized pension fund of the City.
32.14 - EMPLOYMENT IN NON-CIVIL SERVICE POSITIONS.  A permanently and partially disabled Regulation 32 employee may be offered a secondary position from among the positions exempt from Civil Service, and if the employee accepts such position, the employee shall, for the purpose of Regulation 32, retain the same rights and privileges, and be subject to the same duties and responsibilities as though his secondary position were a Civil Service position.
32.141 - The employee shall retain such position as a secondary position under Regulation 32 only so long as the compensation therefor is in accordance with pay rates approved by the Director.
32.142 - Conditions of employment in the secondary positions relating to hours of work, vacation, sick leave, holidays and other fringe benefits shall be based on the Departmental policies of the department in which employed.
32.143 - Vacation, sick leave and holiday compensatory time accrued to the employee at the time of acceptance of the secondary position, shall be considered to remain to the employee's credit; there shall be added thereto from time to time, such additional amounts as the employee may earn in the secondary position; there shall be subtracted therefrom such amounts as may have been used in the secondary position and upon the employee's leaving the secondary position, for any reason whatsoever, any balance remaining to the employee's credit shall be treated as though the employee were leaving from a Civil Service position.
32.15 - SCHOOL CROSSING GUARDS.  A School Crossing Guard who suffers a service-incurred injury or disability shall be subject to the provisions, restrictions and benefits of Regulation 32 except that (a) the Placement Program as set forth in Section 32.061 and Supplementary Compensation as set forth in Section 32.062 shall not apply and (b) that benefits relating to continuance of salary status during injury or disability shall be limited to a period not to exceed in the aggregate of one year after the date of disability irrespective of whether such injury is determined to be of a temporary, permanent and partial or total nature.
32.16 - ACCUMULATED SICK LEAVE.  Notwithstanding any provision in this Regulation 32 providing for the forfeiture of accumulated sick leave, an employee shall not be deprived of any benefits to which the employee may be entitled under the terms of Section 21.14 of the Regulations.  (Refer to Sections 32.046, 32.053, 32.0613 and 32.0642.)
32.17 - SERVICE-CONNECTED DISABILITY TO RELATE TO JOB CLASSIFICATION IN WHICH INJURY OCCURRED.  A non-uniformed employee who works in more than one job classification and also incurs a service-connected disability, causing the employee to be disabled and/or entitled to the benefits of Regulation 32, shall during the period of disability, receive Regulation 32 benefits and compensation based on the job classification and tasks during which the injury occurred.
32.2 -   REGULATION 32.2 IS HEREBY REPEALED (see REGULATION 32).  Regulation 32.2 is hereby repealed (see Regulation 32).


END OF REGULATION 32.

Philadelphia Civil Service Regulations
Transmittal no.341 (July-11-2014)