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. Donated Leave 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 policy that allows other employees to donate a portion of their Sick Leave balances to the employee in accordance with the following provisions. ELIGIBILITY The Requesting Employee must be a Regular Employee who has successfully completed their Introductory Period and is eligible to use Sick Leave under the provisions of this Personnel Policy Manual. If the Requesting Employee becomes eligible for short- or long-term disability benefits under the City's benefit plans, they will no longer be eligible for Donated Leave. REQUESTING DONATED LEAVE An employee wishing to receive Donated Leave will apply for Donated Leave to the Department Director and will attach a statement from their physician that verifies the nature and expected duration of the condition. In the event the employee is unable to complete the application, an authorized personal representative may submit the request on behalf of the employee. The Application will be reviewed and, if approved by the Director, the approved Application will be forwarded to the Human Resources Office. The Human Resources Manager will review the Application and ensure that all applicable conditions are satisfied before submitting the request to the City Administrator for approval. If the Application is denied, the HR Manager will communicate the reasons to the Requesting Employee. If a request is approved, the Human Resources Manager will communicate the employee's request for Donated Leave to other City employees. Details of the Requesting Employee's illness or injury will be maintained in strict confidence in the Human Resources Office. Only the name of the Requestor will be communicated.
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