M&C Review


COUNCIL ACTION:  Approved on 3/19/2019 

DATE: 3/19/2019 REFERENCE NO.: G-19509 LOG NAME: 14WHITEHEAD EXTENSION2
CODE: G TYPE: NON-CONSENT PUBLIC HEARING: NO
SUBJECT:  

Denial of Police Officer Kellie Whitehead's Second Request for an Extension of Occupational Injury Leave that is Currently being made for the Period beginning December 10, 2018 through March 10, 2019, which Amounts to $21,377.20 (ALL COUNCIL DISTRICTS)


RECOMMENDATION:

It is recommended that the City Council deny Police Officer Kellie Whitehead's second request for an extension of occupational injury leave that is currently being made for the period beginning December 10, 2018 through March 10, 2019, which amounts to $21,377.20.

 
DISCUSSION:

Section 143.073 of the Texas Local Government Code (TLGC) permits a firefighter or police officer to take a leave-of-absence with full pay for an illness or injury related to the person's line of duty for a period of up to one year and authorizes the governing body to extend the leave of absence beyond one year.  The City refers to this type of leave as "occupational injury leave" or "occupational leave."  

On March 3, 2015, City Council adopted Resolution No. 4420-03-2015 (City Resolution) relating to occupational leave, which states in pertinent part:

"On a going-forward basis, in lieu of individual extension requests that can be granted by the City Council under Section 143.073 of the TLGC, fire fighters and police officers with medically-documented job-related illnesses or injuries will be granted up to two years of occupational leave per each job-related illness or injury (commensurate with the injury or illness and as medically necessary and related to the compensable illness or injury) which may be used intermittently.  

The only exception to the two-year limitation shall be in situations where, at the time the two-year period ends, the fire fighter or police officer has not yet reached Maximum Medical Improvement (MMI) as provided for under Section 408.104 of the Texas Labor Code which is currently limited to spinal surgery. In these instances, occupational leave will be available until MMI is reached."

Police Officer Kellie Whitehead was injured in the line of duty on March 30, 2016, and she began losing intermittent time on April 4, 2016. Officer Whitehead reached MMI on March 31, 2017. Officer Whitehead's two-year occupational injury leave expired May 30, 2018, however, Risk Management recommended approval of her first extension request for the period of May 31, 2018 through August 29, 2018, due to a delay in the approval of her surgery that was beyond Officer Whitehead's control. This recommendation was approved by Council on June 26, 2018.  Officer Whitehead has still been unable to return to work in any capacity.

Officer Whitehead has exhausted her two-year occupational injury leave and the exception to the two-year limit is inapplicable because Officer Whitehead reached MMI on March 31, 2017.  Additionally, the Council has already approved one extension beyond the two-year limit for Officer Whitehead.  Therefore, HR Risk Management staff recommends denying Officer Whitehead's second request for an extension of occupational injury leave that is currently being made for the period of December 10, 2018 through March 10, 2019, which amounts to $21,377.20.  If Officer Whitehead's request is denied, she will still be able to maintain full pay by use of accumulated leave benefits. As of January 18, 2019, Officer Whitehead had the following paid leave available: 128 hours of holiday accrual, 272.28 hours of vacation, 9.24 hours of sick leave, 41.00 hours of non-exempt comp time, and 16.00 hours of personal holiday, for a total of 466.52 hours of available leave.

This M&C does not request approval of a contract with a business entity.

 
FISCAL INFORMATION/CERTIFICATION:

The Director of Finance certifies that this action will have no material effect on city funds.

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Submitted for City Manager's Office by:
Susan Alanis (8180)
Originating Department Head:
Brian Dickerson (7783)
Additional Information Contact:
Mark Barta (7790)
Chris Lam (6398)

 
 
ATTACHMENTS