Section 7-2402. PERFORMANCE OF DUTY INJURIES AND ILLNESSES

 

2402.1Except as provided in subsection 2402.5, if the Director, in consultation with Police and Fire Clinic physicians, determines that a member can neither perform the full range of duties nor work in a limited-duty status due to a performance-of-duty injury or illness, the member shall be entitled to non-chargeable medical leave and shall receive administrative pay for a period of not more than 2 years.

 

2402.2If a member has exhausted his or her non-chargeable medical leave, but has not yet been retired pursuant to the Fire and Police Medical Leave and Limited Duty Amendment Act of 2004, effective September 30, 2004 (D.C. Law 15-194, D.C. Official Code § 5-635 (March 2005 Supp.)), the member shall be entitled to chargeable medical leave to the extent the member has leave in his or her sick leave and annual leave accounts, and in accordance with rules established by the Mayor under the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-601 et seq.), and the District of Columbia Family and Medical Leave Act of 1990, effective October 3, 1990 (D.C. Law 8-18 I; D.C. Official Code § 32-501 et seq.).

 

2402.3If at any time the Director, in consultation with Police and Fire Clinic physicians, determines that a member who has sustained a performance-of-duty injury or illness will not be able to perform the full range of duties after achieving maximum medical improvement, the Director shall recommend the member for disability retirement.

 

2402.4Except as provided in subsection 2402.5, and regardless of whether the prognosis is that the member will be able to perform the full range of duties after achieving maximum medical improvement, the Director shall process for disability retirement those members of the Metropolitan Police Department who spend all or part of 172 cumulative work days in a less-than-full-duty status over any 2-year period as a result of any one performance-of-duty injury or illness, including any complications relating to the injury or illness, as determined by the Director in consultation with Police and Fire Clinic physicians.

 

2402.5If a member has sustained a serious or life-threatening injury or illness in the performance of duty that may require more than 2 years of medical treatment for the member to achieve maximum medical improvement, and the prognosis is that the member eventually will be able to perform the full range of duties, the Director, in consultation with Police and Fire Clinic physicians, may recommend to the Chief that the member be provided with additional non-chargeable medical leave and disability compensation pay until the member achieves maximum medical improvement.

 

2402.6The Director's recommendation does not vest with the member a right to any additional non-chargeable medical leave or disability compensation pay, and the Chief is not obligated to provide any member with additional non-chargeable medical leave or disability compensation pay.

 

source

Notice of Emergency and Proposed Rulemaking published at 52 DCR 6450, 6451 (July 8, 2005).