Chapter 6A. Police and Firefighters Limited Duty.

Subchapter I. General.

§ 5–631. Definitions.

For the purposes of this chapter, the term:

(1) “Act” means subchapter I of Chapter 7 of Title 5 [§ 5-701 et seq.].

(2) “Chief” means either the Chief of the Metropolitan Police Department or the Chief of the Fire and Emergency Medical Services Department.

(3) “Department” means the Metropolitan Police Department or the Fire and Emergency Medical Services Department.

(4) “Director” means either the director of medical services for the Metropolitan Police Department, or the medical services officer for the Fire and Emergency Medical Services Department.

(5) “Full range of duties” means the ability of a member to perform all of the essential functions of police work or fire suppression as determined by the established policies and procedures of the Metropolitan Police Department or the Fire and Emergency Medical Services Department, and to meet the physical examination and physical agility standards established under §§ 5-107.02a and 5-451.

(6) “Limited duty” means a temporary status for members who, because of injury or other temporary medical disability, are not able to perform the full range of duties, but are certified by a Police and Fire Clinic physician as being capable of effectively performing certain types of work within the department.

(7) “Member” means a sworn employee of the Metropolitan Police Department or the Fire and Emergency Medical Services Department.

(Sept. 30, 2004, D.C. Law 15-194, § 621, 51 DCR 9406.)

Editor's Notes

Section 641 of D.C. Law 15-194 provided

“Sec. 641. Applicability subject to availability of appropriations.

“This title referring to Chapter 6A shall be subject to the availability of appropriations.”

Application of Titles I and VI of D.C. Law 15-194: Section 1301 of D.C. Law 15-194 provided:

“Titles I and VI of this act shall apply to pre-1980 employees of the Metropolitan Police Department and the Fire and Emergency Medical Services Department upon their enactment by Congress.”

Because of the codification of D.C. Law 15-194, Subtitle D as subchapter II of this chapter, the preexisting text, §§ 5-631 through 5-635, has been designated as subchapter I.

§ 5–632. Limited duty.

(a) If the Director, in consultation with Police and Fire Clinic physicians, determines that a member, because of injury or other temporary medical disability is unable to perform the full range of duties, but is capable of effectively performing certain types of work within the department, and the prognosis is that the member will be able to perform a full range of duties after achieving maximum medical improvement, the Director may recommend to the Chief that the member perform work in a limited-duty status.

(b) Members in a limited-duty status shall:

(1) Undertake in-service training as required by the Chief;

(2) Not be permitted to work voluntary overtime; and

(3) Not accept or continue any off-duty employment without the specific approval of the Chief.

(c) No less than every 30 days, the Director shall evaluate members in a limited-duty status to determine their health status and to ensure that they are complying with their medical treatment plans.

(d) If at any time the Director, in consultation with the Police and Fire Clinic physicians, determines that a member in a limited-duty status is unable to perform the full range of duties after achieving maximum medical improvement, the Director shall recommend the member for retirement pursuant to § 5-709 or § 5-710, as appropriate.

§ 5–633. Medical leave for performance of duty injuries and illnesses; referral for disability retirement.

(a) Except as provided in subsections (e) and (g) of this section, if the Director, in consultation with the 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 in accordance with rules established by the Mayor.

(b) Except as provided in subsection (g) of this section, if at any time the Director, in consultation with the 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 retirement pursuant to § 5-710.

(c) Except as provided in subsections (e), (f), and (h) of this section, 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 retirement pursuant to § 5-710, 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.

(d) Except as provided in subsections (e), (f) and (g) of this section, 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 retirement pursuant to § 5-710, those Fire and Emergency Medical Services members who spend 64 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.

(e) If 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.

(f) The provisions of subsections (c) and (d) of this section shall not apply to members who are unable to perform the full range of duties as a result of pregnancy.

(g)(1) If a member of the Fire and Emergency Medical Services Department has sustained, in the performance of duty at the scene of a fire or emergency, any serious or life-threatening injury or illness for which the member requires critical care treatment in a hospital intensive care unit or its equivalent, the member shall not be processed for retirement pursuant to subsection (b) or subsection (d) of this section unless the member:

(A) As a result of the injury or illness sustained, has spent more than 170 cumulative work days in a less-than-full-duty status over the 2-year period following the date the member sustained the injury or illness; and

(B) Is unable to work in a less-than-full-duty capacity within the Department.

(2) The member shall be provided with additional non-chargeable medical leave and disability compensation pay pursuant to subsection (a) of this section until the member achieves maximum medical improvement or is processed for retirement after having spent more than 170 cumulative work days in less-than-full-duty status over the 2-year period.

(3)(A) A member who has spent more than 170 cumulative work days in less-than-full-duty status over the 2-year period pursuant to paragraph (1) of this subsection and continues to be unable to perform the full range of duties shall not be processed involuntarily for retirement under § 5-710 if the member is able and willing to work in any less-than-full-duty capacity within the Department, including staffing the divisions of the Training Academy, Professional Standards, Fleet Management, Facilities Maintenance, Fire Prevention and Education, and equipment maintenance, or other non-firefighting duty.

(B) The Department shall assign the member non-firefighting duties if the member continues to be unable to perform the full range of duties but is able and willing to work in a less-than-full-duty capacity after expiration of the 170 days.

(C) Nothing in this paragraph shall be construed as preventing the member from seeking retirement for disability under § 5-710.

(h)(1) If a member of the Metropolitan Police Department has sustained, in the performance of duty, any serious or life-threatening injury or illness for which the member requires critical care treatment in a hospital intensive care unit or its equivalent, the member shall not be processed for retirement pursuant to subsection (b) or subsection (c) of this section unless the member:

(A) As a result of the injury or illness sustained, has spent more than 172 cumulative work days in a less-than-full-duty status over the 2-year period following the date the member sustained the injury or illness; and

(B) Is unable to work in a less-than-full-duty capacity within the Metropolitan Police Department.

(2) The member shall be provided with additional non-chargeable medical leave and disability compensation pay pursuant to subsection (a) of this section until the member achieves maximum medical improvement or is processed for retirement after having spent more than 172 cumulative work days in less-than-full-duty status over the 2-year period.

(3)(A) A member who has spent more than 172 cumulative work days in less-than-full-duty status over the 2-year period pursuant to paragraph (1) of this subsection and continues to be unable to perform the full range of duties shall not be processed involuntarily for retirement under § 5-710 if the member is able and willing to work in any less-than-full-duty capacity within the Metropolitan Police Department.

(B) The Metropolitan Police Department shall assign the member non-policing duties if the member continues to be unable to perform the full range of duties but is able and willing to work in less-than-full-duty capacity after expiration of the 172 days.

(C) Nothing in this paragraph shall be construed as preventing the member from seeking retirement for disability under § 5-710.

(Sept. 30, 2004, D.C. Law 15-194, § 623, 51 DCR 9406; Oct. 21, 2008, D.C. Law 17-235, § 2, 55 DCR 9016; June 5, 2018, D.C. Law 22-99, § 2, 65 DCR 3766.)

Effect of Amendments

D.C. Law 17-235, in subsec. (a), substituted “subsections (e) and (g)” for “subsection (e)”; in subsec. (b), inserted “Except as provided in subsection (g) of this section,”; and added subsec. (g).

Emergency Legislation

For temporary (90 day) amendment of section, see § 2 of Burned Fire Fighter Relief Emergency Amendment Act of 2008 (D.C. Act 17-243, January 23, 2008, 55 DCR 1226).

For temporary (90 day) amendment of section, see § 2 of Burned Fire Fighter Relief Congressional Review Emergency Amendment Act of 2008 (D.C. Act 17-347, April 14, 2008, 55 DCR 5200).

Temporary Legislation

Section 2 of D.C. Law 17-143, in subsec. (d), substituted “subsections (e), (f), and (g)” for “subsections (e) and (f)”, and added subsec. (g) to read as follows: “(g) If a member of the Fire and Emergency Medical Services Department has sustained, in the performance of duty at the scene of a fire, 2nd-or 3rd-degree burns over 15% or more of the member’s body for which the member requires critical care treatment in a hospital intensive care unit or its equivalent, the member shall not be processed for retirement pursuant to subsection (d) of this section unless the member, as a result of the burns sustained, has spent more than 170 cumulative work days in a less-than-full-duty status over the 2-year period following the date the member sustained the burns.”

Section 4(b) of D.C. Law 17-143 provided that the act shall expire after 225 days of its having taken effect.

§ 5–634. Medical leave for non-performance-of-duty illnesses and injuries; referral for disability retirement.

(a) If the Director, in consultation with the 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 non-performance-of-duty injury or illness, 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 Chapter 6 of Title 1 and Chapter 5 of Title 32.

(b) If at any time the Director, in consultation with the Police and Fire Clinic physicians, determines that a member who has sustained a non-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 retirement pursuant to § 5-709.

(c) Except as provided in subsection (e) of this section, and regardless of whether the prognosis is that the member who has sustained a non-performance-of-duty injury or illness will be able to perform a full range of duties after achieving maximum medical improvement, the Director shall process for retirement pursuant to § 5-709, those Metropolitan Police Department members 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 non-performance-of-duty injury or illness, including any complications relating to the injury or illness.

(d) Except as provided in subsection (e) of this section, and regardless of whether the prognosis is that the member who has sustained a non-performance-of-duty injury or illness will be able to perform the full range of duties after achieving maximum medical improvement, the Director shall process for retirement pursuant to § 5-709, those Fire and Emergency Medical Services members who spend 64 cumulative work days in a less-than-full-duty status over any 2-year period as a result of any one non-performance-of-duty injury or illness, including any complications relating to the injury or illness.

(e) The provisions of subsections (c) and (d) of this section shall not apply to members who are unable to perform a full range of duties as a result of pregnancy.

§ 5–635. Rules.

The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this chapter.

Subchapter II. Fire and Emergency Medical Services Employee Presumptive Disability.

§ 5–651. Definitions.

For the purposes of this subchapter, the term:

(1) "Department" means the Fire and Emergency Medical Services Department.

(2) "Director" means the medical services officer for the Fire and Emergency Medical Services Department.

(3) "Documented" means the member or EMS employee gave notice to the Fire and Emergency Medical Services Department, in writing, of his or her occupational exposure to blood or bodily fluids.

(4) "EMS employee" means a person that qualifies as an "emergency medical services personnel" as defined by § 7-2341.01(7), is employed by the Fire and Emergency Medical Services Department, and is not a sworn member of the Department.

(5) "Full range of duties" shall have the same meaning as provided in § 5-631(5).

(6) "Member " means a sworn member of the Fire and Emergency Medical Services Department who is employed by the Department.

(7) "Pre-employment physical examination" means the physical examination required under § 5-451.

§ 5–652. Presumption as to disability or death from heart disease, hypertension, or respiratory disease.

(a) A member shall be presumed to have a performance-of-duty injury or illness that is covered by this subchapter and Chapter 7 of this title, unless such presumption is overcome by a preponderance of evidence to the contrary or the member is disqualified from the presumption pursuant to § 5-655, if:

(1) The member has been diagnosed with heart disease, hypertension, or respiratory disease;

(2) The heart disease, hypertension, or respiratory disease results in the member's inability to perform the full range of duties or in death;

(3) The member has undergone a pre-employment physical examination and the member was found, at the time of the examination, to be free of the performance-of-duty injury or illness underlying the presumption provided for in this subsection; and

(4) The member, upon request of the Director, submits to a physical examination conducted by physicians selected by the Director.

(b) An EMS employee shall be presumed to have an occupational disease suffered in the line of duty that is covered by Chapter 6 of Title 1, unless such presumption is overcome by a preponderance of evidence to the contrary or the member is disqualified from the presumption pursuant to § 5-655, if:

(1) The EMS employee has been diagnosed with heart disease, hypertension, or respiratory disease;

(2) The heart disease, hypertension, or respiratory disease results in the EMS employee's injury, as defined by § 1-623.01(5), or in death;

(3) The EMS employee has undergone a pre-employment physical examination and the EMS employee was found, at the time of the examination, to be free of the occupational disease underlying the presumption provided for in this subsection; and

(4) The EMS employee, upon request of the Director, submits to a physical examination conducted by physicians selected by the Director.

(Sept. 30, 2004, D.C. Law 15-194, § 652; as added May 1, 2013, D.C. Law 19-311, § 2, 60 DCR 3425; May 10, 2019, D.C. Law 22-313, § 10(a), 66 DCR 1627.)

Effect of Amendments

The 2013 amendment by D.C. Law 19-311 added this section.

Applicability

Section 7013 of D.C. Law 22-168 amended § 656(c) of D.C. Law 15-194 revising the applicability provision. Therefore the creation of this section by D.C. Law 15-194 has been implemented.

Section 3052(d) of Law 21-160 amended section 656 of D.C. Law 19-311, retaining the applicability restriction affecting this section, therefore the creation of this section by § 2 of D.C. Law 19-311 has not been implemented.

Section 7007 of Law 22-33 amended section 656 of D.C. Law 19-311, retaining the applicability restriction affecting this section, therefore the creation of this section by § 2 of D.C. Law 19-311 has not been implemented.

Applicability of D.C. Law 15-194: § 656 of D.C. Law 15-194, as added by § 2 of D.C. Law 19-311 provided that the the addition of this section by § 652 of D.C. Law 15-194, as added by § 2 of D.C. Law 19-311 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

§ 5–653. Presumption as to disability or death from cancer.

(1) The member has been in contact with or exposed to a toxic substance while in the line of duty that is associated with an increased risk of leukemia or cancer, and has a diagnosis of:

(A) Leukemia or breast, ovarian, pancreatic, prostate, rectal, colon, colorectal, liver, testicular, or respiratory cancer;

(B) Multiple myeloma, brain, non-Hodgkin's, or throat cancer; or

(2) The member has completed at least 10 years of service with the Department;

(3) The leukemia or cancer results in the members' inability to perform the full range of duties or in death;

(4) The member has undergone a pre-employment physical examination and the member was found, at the time of the examination, to be free of the performance-of-duty injury or illness underlying the presumption provided for in this subsection; and

(5) The member, upon request of the Director, submits to a physical examination conducted by physicians selected by the Director.

(1) The EMS employee has been in contact with or exposed to a toxic substance while in the line of duty that is associated with an increased risk of leukemia or cancer, and has a diagnosis of:

(A) Leukemia or breast, ovarian, pancreatic, prostate, rectal, colon, colorectal, liver, testicular, or respiratory cancer;

(B) Multiple myeloma, brain, non-Hodgkin's, or throat cancer; or

(2) The EMS employee has completed at least 10 years of service with the Department;

(3) The leukemia or cancer results in the EMS employee's injury, as defined by § 1-623.01(5), or in death;

(4) The EMS employee has undergone a pre-employment physical examination and the EMS employee was found, at the time of the examination, to be free of the occupational disease underlying the presumption provided for in this subsection; and

(5) The EMS employee, upon request of the Director, submits to a physical examination conducted by physicians selected by the Director.

§ 5–654. Presumption as to disability or death from infectious disease.

(1) The member has been diagnosed with hepatitis, meningococcal meningitis, tuberculosis, or human immunodeficiency virus ("HIV");

(2) The member has had a documented exposure to blood or bodily fluids during the performance of job duties;

(3) The hepatitis, meningococcal meningitis, tuberculosis, or HIV results in the member's inability to perform the full range of duties or in death;

(4) The member has undergone a pre-employment physical examination and the was found, at the time of the examination, to be free of the performance-of-duty injury or illness underlying the presumption provided for in this subsection; and

(5) The member, upon request of the Director, submits to a physical examination conducted by physicians selected by the Director.

(b) An EMS employee shall be presumed to have an occupation disease suffered in the line of duty that is covered by Chapter 6 of Title 1, unless such presumption is overcome by a preponderance of evidence to the contrary or the member is disqualified from the presumption pursuant to § 5-655, if:

(1) The EMS employee has been diagnosed with hepatitis, meningococcal meningitis, tuberculosis, or human immunodeficiency virus ("HIV");

(2) The EMS employee has had a documented exposure to blood or bodily fluids during the performance of job duties;

(3) The hepatitis, meningococcal meningitis, tuberculosis, or HIV results in the EMS employee's injury, as defined by § 1-623.01(5), or in death;

(5) The EMS employee, upon request of the Director, submits to a physical examination conducted by physicians selected by the Director.

(Sept. 30, 2004, D.C. Law 15-194, § 654; as added May 1, 2013, D.C. Law 19-311, § 2, 60 DCR 3425; May 10, 2019, D.C. Law 22-313, § 10(c), 66 DCR 1627.)

Effect of Amendments

The 2013 amendment by D.C. Law 19-311 added this section.

Applicability

Section 7007 of Law 22-33 amended section 656 of D.C. Law 19-311, removing the applicability restriction affecting this section, therefore the creation of this section by § 2 of D.C. Law 19-311 has been implemented.

Applicability of D.C. Law 15-194: § 656 of D.C. Law 15-194, as added by § 2 of D.C. Law 19-311 provided that the the addition of this section by § 654 of D.C. Law 15-194, as added by § 2 of D.C. Law 19-311 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

§ 5–655. Disqualification from presumption as to disability or death.

A member or an EMS employee shall be disqualified from a presumption under this subchapter if:

(1) Any standard, medically recognized vaccine or other form of immunization or prophylaxis exists for the prevention of any injury or illness for which a presumption is established under this subchapter, if medically indicated by the given circumstances pursuant to immunization policies established by the Advisory Committee on Immunization Practices of the United States Public Health Service;

(2) The member or EMS employee is required by the Department to undergo the immunization or prophylaxis, unless the member or EMS employee has a written declaration from his or her physician stating that the immunization or prophylaxis would pose a significant risk to the person's health; and

(3) The member or EMS employee has failed to or refused to undergo such immunization or prophylaxis.

§ 5–655.01. Physical examinations; maintaining eligibility.

(a) In order to be eligible to make a claim under this chapter that relies on a presumption created by this subchapter, a member shall, in addition to meeting any other requirements as required by this subchapter or rules issued pursuant to § 5-655.03, have undergone a pre-employment physical examination and complied with any subsequent physical examination requirements, such as annual physical examinations, that are, or were during the period of covered service, applicable to all members.

(b) In order to be eligible to make a claim under this chapter that relies on a presumption created by this subchapter, an EMS employee shall, in addition to meeting any other requirements as required by this chapter or rules issued pursuant to § 5-655.03, have undergone a pre-employment physical examination and complied with any subsequent physical examination requirements, such as annual physical examinations, that are, or were during the period of covered service, applicable to all EMS employees.

(c) For any member or EMS employee hired after May 1, 2013, the District may require additional, appropriate laboratory and other diagnostic studies to be included as part of the pre-employment physical examination; provided, that any such requirements shall be applicable to all members or EMS employees.

§ 5–655.02. Reporting requirements.

By January 31, 2018, and by January 31 of each subsequent year, the Department, in coordination with the Police and Fire Clinic, shall submit an annual report to the Council that contains the following information from the preceding calendar year:

(1) The total number of claims made by members in which a presumption was created under § 5-652;

(2) The total number of claims made by EMS employees in which a presumption was created under § 5-652;

(3) The total number of claims made by members in which a presumption was created under § 5-653;

(4) The total number of claims made by EMS employees in which a presumption was created under § 5-653;

(5) The total number of claims made by members in which a presumption was created under § 5-654; and

(6) The total number of claims made by EMS employees in which a presumption was created under § 5-654.

§ 5–655.03. Rules.

The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), may issue rules to implement the provisions of this subtitle.

§ 5–656. Applicability.

(a) Except as provided in subsections (b), (c), (d), and (e) of this section, this subchapter shall apply as of October 1, 2016.

(b) Section 5-654 shall apply as of October 1, 2017.

(d) Section 5-653|(a)|(1)|(B) and (b)(1)(B) shall apply as of October 1, 2023.

(e) Section 5-653|(a)|(1)|(C) and (b)(1)(C) shall apply as of October 1, 2027.