Policy Text
Policy
1020Fremont Police Department
Fitness for Duty
1020.1 PURPOSE AND SCOPE
All officers are required to be free from any physical, emotional, or mental condition which might
adversely affect the exercise of peace officer powers. The purpose of this policy is to ensure that all
officers of this department remain fit for duty and able to perform their job functions (Government
Code § 1031).
1020.2 EMPLOYEE RESPONSIBILITIES
(a)It shall be the responsibility of each member of this department to maintain good
physical condition sufficient to safely and properly perform essential duties of their
position.
(b)Each member of this department shall perform his/her respective duties without
physical, emotional, and/or mental constraints.
(c)During working hours, all employees are required to be alert, attentive, and capable
of performing his/her assigned responsibilities.
(d)Any employee who feels unable to perform his/her duties shall promptly notify a
supervisor. In the event that an employee believes that another employee is unable
to perform his/her duties, such observations and/or belief shall be promptly reported
to a supervisor.
1020.3 SUPERVISOR RESPONSIBILITIES
(a)A supervisor observing an employee, or receiving a report of an employee who is
perceived to be, unable to safely perform his/her duties due to a physical or mental
condition shall take prompt and appropriate action in an effort to resolve the situation.
(b)Whenever feasible, the supervisor should attempt to ascertain the reason or source
of the problem and in all cases a preliminary evaluation should be made in an effort
to determine the level of inability of the employee to perform his/her duties.
(c)In the event the employee appears to be in need of immediate medical or psychiatric
treatment, all reasonable efforts should be made to provide such care.
(d)In conjunction with the Watch Commander or employee’s available Division
Commander, a determination should be made whether or not the employee should be
temporarily relieved from his/her duties.
(e)The Chief of Police shall be promptly notified in the event that any employee is relieved
from duty.
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1020.4 NON-WORK RELATED CONDITIONS
Any employee suffering from a non-work related condition which warrants a temporary relief from
duty may be required to use sick leave or other paid time off (PTO) in order to obtain medical
treatment or other reasonable rest period.
1020.5 WORK RELATED CONDITIONS
Any employee suffering from a work-related condition which warrants a temporary relief from duty
shall be required to comply with personnel rules and guidelines for processing such claims.
Upon the recommendation of the Watch Commander or unit supervisor and concurrence of a
Division Commander, or upon initiation of a division commander, any employee whose actions or
use of force in an official capacity result in death or serious injury to another may be temporarily
removed from regularly assigned duties and/or placed on paid administrative leave for the
wellbeing of the employee and until such time as the following may be completed:
(a)A preliminary determination that the employee's conduct appears to be in compliance
with policy.
(b)The employee has had the opportunity to receive any necessary counseling and/or
psychological clearance to return to full duty.
1020.6 PHYSICAL AND PSYCHOLOGICAL EXAMINATIONS
(a)Whenever circumstances reasonably indicate that an employee is unfit for duty, the
Chief of Police may serve that employee with a written order to undergo a physical
and/or psychological examination in cooperation with Human Resources Department
to determine the level of the employee's fitness for duty. The order shall indicate the
date, time and place for the examination.
(b)The examining physician or therapist will provide the Department with a report
indicating that the employee is either fit for duty or, if not, listing any functional
limitations which limit the employee's ability to perform job duties ( Civil Code § 56.10
(c)(8)(A)). If the employee places his/her condition at issue in any subsequent or
related administrative action/grievance, the examining physician or therapist may be
required to disclose any and all information which is relevant to such proceeding ( Civil
Code § 56.10(c)(8)(B)).
(c)In order to facilitate the examination of any employee, the Department will provide
all appropriate documents and available information to assist in the evaluation and/
or treatment.
(d)All reports and evaluations submitted by the treating physician or therapist shall be
part of the employee's confidential personnel medical file.
(e)Any employee ordered to receive a fitness for duty examination shall comply with
the terms of the order and cooperate fully with the examining physician or therapist
regarding any clinical interview, tests administered or other procedures as directed.
Any failure to comply with such an order and any failure to cooperate with the
examining physician or therapist may be deemed insubordination and shall be subject
to discipline up to and including termination.
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(f)Once an employee has been deemed fit for duty by the examining physician or
therapist, the employee will be notified to resume his/her duties.
1020.7 LIMITATION ON HOURS WORKED
Maximum Daily Hours
This policy aims to align the Fremont Police Department's ongoing objectives supportive of officer
safety and wellness, as well as ensure delivery of the highest level of professional public service.
This policy outlines expectations and provides opportunities for members of the department to