§ 2-36. Employee participation in the return to work program.

(a)

In order for a regular employee of this city to be eligible to participate in this return to work program, the employee must have:

(1)

Sustained a compensable injury, as defined in the Texas Workers' Compensation Act, that results in lost time away from work;

(2)

A serious health condition as defined by the FMLA;

(3)

A disability as defined by the ADA.

(b)

An employee who meets the above criteria shall participate in the program. If the employee refuses to participate, disciplinary action will be taken and the employee will be terminated based on business necessity pursuant to personnel policies or as per Collective Bargaining Agreement of Police and Fire and V.T.C.A., Local Government Code ch. 143, Municipal Civil Service.

(Ord. No. 98-003, § 1, 1-19-98)