32 maximum medical improvement and reports that finding to the City in writing. The injured employee's pre-injury position will be reserved for up to six (6) months unless a decision, supported by competent medical opinion, is made by the employee, the City's Workers' Compensation provider, or an authorized decision maker (such as an Administrative Law Judge) that the employee is unlikely to be able to return to work within six (6) months of the injury. The City Administrator has discretion to reserve the position for longer than six (6) months, but there is no requirement to do so. Rights and obligations of both the City and the employee under the American's with Disabilities Act are identified in Chapter I, Section 1in this Manual and will be considered in appropriate cases. Notwithstanding the foregoing, if an employee's compensation under the Workers' Compensation Act is reduced by fifty percent (50%) for any reason identified in C.R.S.§8-42-112 (including the employee's willful failure to use safety devices provided by the City, the employee's willful failure to obey the City's reasonable safety rules and/or the employee's willful misleading of the City regarding the employee's physical ability to perform the job), or if such employee's non-medical benefits are reduced by fifty percent (50%) for any reason identified under C.R.S. §8-42-112.5 (due to the presence in the employee's system, during working hours, of alcohol or of non-medically prescribed controlled substances) ALL COMPENSATION AND BENEFITS OTHERWISE PAYABLE UNDER THIS SECTION 5 SHALL BE FORFEITED BY THE EMPLOYEE. In such event, the employee's sole compensation with respect to employment, while the employee is unable to work, will be compensation under the Workers' Compensation Act. The City and the employee will make an arrangement for covering other payments or deductions associated with payroll, such as the employee's share of health insurance premium payment. Section 6. Sick Leave Sharing Program (Adopted 11/11/2024) In order to provide income protection for employees who experience a non-job related, seriously incapacitating and extended illness or injury leading to the exhaustion of all of the employee’s paid leave balances, the City provides a Sick Leave Sharing Program which establishes a Sick Leave bank that allows other employees to donate a portion of the Sick Leave balances to the program in accordance with any applicable laws and any related rules and procedures. ELIGIBILITY Any Employee is eligible to participate in the Sick Leave Sharing Program under the provisions of this Personnel Policy Manual. APPLYING FOR DONATED SICK LEAVE Employees may call Human Resources for a Sick Leave Sharing Program application. The Sick Leave Sharing Program included with the Sick Leave Sharing Application contains all necessary information and notices as summarized in this section. In the event the employee is unable to complete the application, a family member may submit the request on behalf of the employee. The employee must complete the Sick Leave Sharing Program application, providing the required information and documentation necessary to establish eligibility for a Sick Leave sharing donation. The completed application and supporting documentation will need to be submitted to Human Resources. The Sick Leave Sharing Board (SLSB) will review the application and any other pertinent information, and the board members, by majority vote, will make a recommendation for the application’s approval or denial. The SLSB and Human Resources will provide a written response to the employee’s application request. EXCLUSIONS Employees in the following situations are not eligible for assistance from the Sick Leave Sharing
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