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Philadelphia Civil Service Regulations

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

  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:
    32.01, 32.05, 32.07+

  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


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32. INJURY AND DISABILITY

(continued, 32.05 to 32.06999)


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.


CONTINUE TO REGULATION 32.07
Philadelphia Civil Service Regulations
Transmittal no.278 (Jan-22-2001)