O-2023-57 Adopt New Personnel Policies - Mental Health and Injury and Illness Leave (Police, Fire, Telecommunicators)TOWN OF PROSPER, TEXAS ORDINANCE NO. 2023-57
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, ADOPTING NEW PERSONNEL POLICIES REGARDING INJURY AND
ILLNESS LEAVE AND MENTAL HEALTH LEAVE FOR CERTAIN
PERSONNEL, AS REQUIRED BY RECENT LEGISLATION; MAKING
FINDINGS; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY
CLAUSES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Regular Session of the 88th Texas Legislature adopted two (2) bills that
impact certain existing Town personnel policies, as more fully described herein; and
WHEREAS, House Bill 471'provides, in part, that municipalities must provide paid illness
and injury leave for first responders for any injury or illness related to a first responder's line of
duty for up to one year; and
WHEREAS, House Bill 1486 provides, in part, that law enforcement agencies must
develop and adopt a policy allowing the use of mental health leave by a full-time telecommunicator
who experienced a traumatic event in the scope of that employment, similar to mental health leave
previously provided to peace officers and which the Town has extended to fire personnel, as more
fully described in the policy; and
WHEREAS, the Governor has signed both House Bill 471 and House Bill 1486; and
WHEREAS, the newly revised policies, attached hereto as Exhibit A and Exhibit B,
respectively, are in full compliance with the foregoing legislation; and
WHEREAS, the Town Council hereby adopts the attached illness and injury leave and
mental health leave policies for inclusion in the Town's Personnel Policies.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully set
forth herein.
SECTION 2
The Town Council hereby adopts the attached injury and illness leave and mental health
leave policies for inclusion in the Town's Personnel Policies.
SECTION 3
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict. Any remaining portion of conflicting ordinances shall remain in full force
and effect.
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason,
held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Ordinance. The Town of Prosper hereby
declares that it would have passed this Ordinance, and each section, subsection, clause or phrase
thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses,
and phrases be declared unconstitutional.
SECTION 5
This Ordinance shall become effective after its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS THE 22ND DAY OF AUGUST, 2023.
APPROVED:
Ie-
David F. Bristol, Mayor
ATTEST:
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
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Ordinance No. 2023-57, Page 2
EXHIBIT A
(Injury/Illness Leave Policy)
Ordinance No. 2023-57, Page 3
TOWN OF PROSPER
PERSONNEL POLICY
Section 4.04: WORKERS' COMPENSATION
A. Coverage of Employees
The Town of Prosper complies with the Texas Labor Code in the provision of workers' compensation
insurance coverage for its employees. This program covers an injury or illness sustained in the course of
employment that requires medical treatment, subject to applicable legal requirements and workers'
compensation guidelines. Workers' compensation insurance coverage begins immediately upon
employment with the Town.
A. Salary Continuation while on Workers' Compensation Leave
Employees may be paid temporary income benefits (TIBs) if their work -related injury or illness causes them
to lose all or some of their wages for more than seven (7) days. Temporary Income Benefits are equal to 70%
of the difference between an employee's average weekly wage and the wages they are able to earn after their
work -related injury (i.e., if an employee was unable to earn any wages, he/she would receive 70% of his/her
average weekly wage).
The Town will offer salary continuation to eligible employees, who have approved work -related injury or
illness covered by worker's compensation insurance, after they have missed more than 7 days of work.
Eligible employees may receive salary continuation which will supplement the employee's income up to their
current rate of pay, excluding overtime. Employees who are eligible for salary continuation will be required
to endorse their workers' compensation checks payable to the Town of Prosper for deposit by the Town.
Salary continuation may be provided up to a maximum of 180 calendar days from the date of eligibility. Town
of Prosper certified Police Officers and Fire Fighters are provided up to one year of leave with full pay for
work related injury or illness.
Salary continuation will be suspended or initially denied if an employee fails to comply with Town policies
and procedures. Specific grounds for suspension or denial are:
1. If the employee fails to report an injury in compliance with eh Town's policy (Administrative
Regulations, Section 6.03 (B) (1)).
2. If the employee submits a workers' compensation claim that is denied by the Town's workers'
compensation carrier.
3. If the employee fails to comply with the directions of his/her treating physician.
4. If the employee engages in any kind of part-time, volunteer, or other outside work while receiving
salary continuation (Administrative Regulations, Section 2.07).
5. If the employee refuses to accept any modified or light duty work that is deemed within the
employee's capability in the opinion of the treating physician (Personnel Policies, Section 4.05).
6. If the employee refuses to return to active duty after being released by his/her treating physician.
7. If the employee refuses to provide the necessary information and communication regarding the
status of his/her workers' compensation injury.
Adopted August 24, 2021
8. If the employee suffers an injury due to his/her work violation of safety standards, or the employee
caused or exacerbated hazardous or dangerous situations (Administrative Regulations, Section 6.03
(B) (2)).
9. If the employee reaches maximum medical improvement (the point that the employee's work
related injury or illness has improved as much as it is going to improve).
10. If the employee refuses a post -accident drug or alcohol test (Administrative Regulations, Section
6.01 (a) (2)).
11. If the employee's workers' compensation payments are stopped.
12. If the employee is terminated.
13. If the employee is within his/her new hire probation period.
14. If the employee refuses to submit to any independent medical examination or treatment required
by the Town in accordance with workers' compensation laws (Personnel Policies, section 2.07 (B)
(2))•
15. If the employee choses to go to a doctor that is not recommended by the Town.
Exceptions to these conditions may be considered by the Town Manager on a case -by -case basis.
If the employee is denied, refused, or exhausts salary continuation while receiving workers' compensation
benefits, the employee is eligible to use sick leave, compensatory time, and vacation leave in the amount
necessary to make up the difference between workers' compensation benefits and the employee's normal
rate of pay.
Adopted August 24, 2021
EXHIBIT B
(Mental Health Leave Policy)
Ordinance No. 2023-57, Page 4
TOWN OF PROSPER
PERSONNEL POLICY
Section 5.11: MENTAL HEALTH LEAVE FOR PEACE OFFICERS, FIRE FIGHTERS,
AND TELECOMMUNICATORS
The Town of Prosper will provide paid Mental Health Leave to Peace Officers, Fire Fighters and
Telecommunicators. If a Peace Officer, Fire Fighter or Telecommunicator experiences a traumatic event
directly related to their job duties, Mental Health Leave maybe allowed so that the Peace Officer, Fire Fighter,
or Telecommunicator can recover or begin the process of recovery and accessing needed resources for
treatment. This policy is effective September 1, 2021 updated September 1, 2023.
A. Definitions
Peace Officer: A Police Officer, or may include other sworn personnel, licensed by the Texas Commission
on Law Enforcement and actively employed by the Town.
Fire Fighter: A Fire Fighter licensed by the Texas Commission on Fire Protection and actively employed
by the Town.
Telecommunicator: A Telecommunicator licensed as a Texas Law Enforcement Dispatcher and actively
employed by the Town.
Traumatic Event: An event which occurs in the Peace Officer's, Fire Fighter's or Telecommunicator's
scope of employment when the employee is involved in the response to, or investigation of, an event that
causes the employee to experience unusually strong emotional reactions or feelings which have the
potential to interfere with their ability to function during or after the incident.
The Police Officer, Fire Fighter, or Telecommunicator may directly experience the traumatic event or
witness, in person, the traumatic event as it occurred to others. Other circumstances that may qualify
would include learning that the traumatic event(s) occurred to a close family member or a close friend
or experiencing repeated or extreme exposure to the details of the event. In the case of actual or
threatened death of a family member or friend, the event(s) must have been violent or accidental.
Traumatic events may include, but are not limited to, the following:
1. Major disasters which may include response to weather related events involving multiple casualties;
or explosions with multiple casualties; or search and recovery missions involving multiple casualties;
2. Incidents involving multiple casualties which may include shootings or traffic accidents;
3. Line of duty death or suicide of a department member;
4. Death or serious injury of a child resulting from violence, sexual abuse, or neglect;
5. Officer(s) involved in the shooting of a person.
Mental Health Leave: Administrative leave with pay granted in response to a traumatic event that
occurred in the scope of the Peace Officer's. Fire Fighter's or Telecommunicator's employment.
Adopted August 24, 2021
Mental Health Professional: A licensed social or mental health worker, counselor, psychotherapist,
psychologist or psychiatrist as approved by the Town of Prosper.
B. Requesting Mental Health Leave
A Police Officer, Fire Fighter, or Telecommunicator directly involved in a traumatic event may request
the use of mental health leave. The request shall be made in writing through the chain of command and
in consultation with the Human Resources Director. The request shall be treated as a priority matter and
a decision on the granting of the leave shall be made no later than 24 hours following the submission of
the request. The request shall be granted unless the chain of command can articulate specific compelling
reasons to deny granting the leave.
A supervisor or coworker who becomes aware of behavioral changes in an officer directly involved in a
traumatic event should suggest to the officer that he or she seek mental health leave and the assistance
of a mental health professional.
C. Duration of Mental Health Leave
A Police Officer, Fire Fighter, or Telecommunicator directly involved in a traumatic event may request
up to 40 hours of paid mental health leave per event. Any hours utilized as mental health leave shall be
calculated as regular hours worked. There shall be no deduction in salary or other compensation for
mental health leave.
Extensions of leave may be available under certain circumstances. Any request for an extension shall be
accompanied by documentation from a mental health professional who is counseling the officer. The
Chief shall grant the extension upon the receipt of sufficient documentation and in consultation with
Human Resources.
D. Confidentiality
Any request for mental health leave shall be treated as strictly confidential by all parties involved and
shall not be discussed or disclosed outside the officer's immediate chain of command and Human
Resources and only as necessary to facilitate the use of the leave. Any Police Officer, Fire Fighter, or
Telecommunicator or supervisor who becomes aware of behavioral changes and suggests the employee
seek mental health leave shall not discuss that matter with any third party. Any breach of this
confidentiality shall be grounds for discipline.
Confidentiality may be waived by the employee seeking mental health leave. In addition, confidentiality
may be waived under circumstances which indicate the officer is a danger to himself/herself or others
and department personnel must confer with mental health professionals.
Adopted August 24, 2021