Table Of Contents
. . .
- Preparation, Adoption and Revision of Regulations
- Exemptions from Civil Service
- Classification Plan
- Pay Plan
- General Requirements for Applicants
- Eligible Lists
- Requisitions, Certification and Appointment
- Limited-Term Appointments
- Assignments and Transfers
- Probationary Period
- Resignation, Reinstatement, Restoration and Retirement
- Dismissals, Demotions, Suspensions and Appeals
- Hours of Work
- Vacation Leave
- Sick Leave
- Leaves of Absence
- Performance Reports
- Working Conditions
- Records and Reports
- Training of Employees
- Safety, Health, Welfare and Recreation
- Labor Relations
- Political Activity
- Residence Requirement
- Interim Regulations
- Injury and Disability:
32.01, 32.05, 32.07+
- Miscellaneous Regulations
. . .
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32. INJURY AND DISABILITY
(continued, 32.07 to 32.99999)
- 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.
- 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.
- 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:
- payments provided for under subsection (25) of that section, or
- 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.
- 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.
- 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.