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Home My WebLink About108.004 - Work Permit PolicyEffective Date: June 2012 Ivy Estrada, Personnel Manager Current Revision Date: 7/9/2024 Section 108.004 Next Revision (2) Date: 7/9/2027 Page 1 of 4 Fresno City Fire Department 100 Administrative Manual SECTION 108.004 WORK PERMIT POLICY PURPOSE The purpose of this policy is to define the City of Fresno (City) and Fresno Fire Department’s (FFD or Department) work permit process. Employees choosing to engage in outside employment shall obtain an approved City work permit through Fire Personnel prior to engaging in any outside employment. APPLICATION The work permit process will be administered as defined in Fresno Municipal Code (FMC), Section 3-102, Full-Time Employment Defined, Employment Outside City Service and this policy. OPERATIONAL POLICY The work permit application process is governed in the Administrative Manual, Section 106.11, Work Permit Application (FC-02), and must be submitted by all full time permanent employees seeking permission for employment outside City service. Employees may not engage in any outside employment without first obtaining prior written approval. Failure to obtain prior written approval for outside employment or engaging in outside employment prohibited by this policy may lead to disciplinary action. Employees shall initiate work permit application requests through the chain of command beginning with their immediate supervisor. The work permit application will be reviewed by the Department’s Personnel Manager and reviewed for recommendation of issuance or disapproval by the Fire Chief or designee. If approval is recommended by the Fire Chief or designee, the application will be sent to the Personnel Services Department Director for recommendation of issuance or disapproval prior to being forwarded to the City Manager for the final review and approval. Work permits are not valid until all required signatures have been obtained. A work permit will be granted for such periods of time as the City Manager prescribes but not to exceed a period of one year. It is the duty of the employee holding a valid work permit to apply for renewal, if needed, prior to the expiration date of the original work permit. Effective Date: June 2012 Ivy Estrada, Personnel Manager Current Revision Date: 7/9/2024 Section 108.004 Next Revision (2) Date: 7/9/2027 Page 2 of 4 The Fire Chief and the Personnel Services Department Director or their designees will recommend issuance of an outside work permit, unless there is cause for denial. In the event either the Fire Chief or Personnel Services Department Director recommends disapproval, the employee shall be notified prior to submission of the work permit application to the City Manager. Work permits may be rescinded if a conflict of interest develops, the employee is unable to perform their duties, or for any other good cause. Employees with valid work permits are prohibited from engaging in any work that would require approval, inspection, or review by another City employee in their official capacity, or work that is inconsistent, incompatible, or in conflict with their City employment. All work permits are subject to, but not limited to, the restrictions stated and implied in the California Government Code, Section 1126, Incompatible Activities. The following is prohibited while engaged in off-duty work for compensation or personal gain, unless specifically authorized by the Fire Chief: a. Use of Department badge, uniform, prestige, or influence for advantage. b. Use of Department time, facilities, materials, tools, or equipment. Work permits will become automatically invalid and remain invalid, without notice, for the duration of the time an employee is: a. On any leave used for sickness or physical incapacity, such as sick leave or annual leave, or special leave charged to sick leave. b. On injury leave receiving workers’ compensation injury pay, including California Labor Code, Section 4850, and temporary disability pay, or on leave without pay for illness or injury, as per FMC, Section 3-102. Exception: Employees with an approved work permit may continue to perform such outside work provided it is consistent with the work restrictions/limitations imposed by their treating physician and no light duty is available within the City. Some types of outside work will require additional restrictions beyond those listed above. Any special work restriction will be provided in writing at the time the work permit is issued. Any outside work or activity for which an employee is compensated, violates the above-listed restrictions, or any special restrictions provided to the employee, may be cause for revocation of the work permit and disciplinary action. If an employee terminates their outside employment during the period of a valid work permit, the employee shall promptly submit written notification of such termination to the Personnel Manager through their chain of command. Such written notification will Effective Date: June 2012 Ivy Estrada, Personnel Manager Current Revision Date: 7/9/2024 Section 108.004 Next Revision (2) Date: 7/9/2027 Page 3 of 4 be reviewed by the Fire Chief. Any subsequent requests for renewal or continued outside employment must hereafter be processed and approved through normal procedures set forth in this policy. OPERATIONAL GUIDELINE This section left intentionally blank. PROCESS This section left intentionally blank. INFORMATION The maximum number of hours for which a work permit may be approved is 16 hours per week for 40-hour workweek employees, and 24 hours per week for 56-hour workweek employees. Multiple work permits must not exceed the maximum hours per week. Any exception to these time limits will be determined on an individual basis and will be governed by the nature of the work to be performed, the nature of the applicant’s City duties, and other pertinent factors bearing on the individual’s ability to devote their full time and attention to City employment. If an applicant is outside the sick leave usage policy, a work permit may be approved for a period of less than twelve months. Note: If a 56-hour workweek employee has one work permit for 24 hours per week, the employee may not apply for another work permit. However, if a 56-hour workweek employee has one work permit for 10 hours per week, the employee may apply for another work permit for 14 hours or less per week. In accordance with Administrative Manual, Section 101.002, Constant Staffing, Administrative Manual, Section 101.002, Constant Staffing, firefighters are unable to satisfy outside employment with shift trade. Pursuant to the current Unit 5 MOU, Firefighters may satisfy outside employment with CTO. All time-off requests related to outside employment must be identified as such in the staffing software. DEFINITIONS Outside Employment - Wages, compensation, or other consideration of value from another employer, organization, or individual not affiliated directly with the Department for services, products, or benefits rendered. Effective Date: June 2012 Ivy Estrada, Personnel Manager Current Revision Date: 7/9/2024 Section 108.004 Next Revision (2) Date: 7/9/2027 Page 4 of 4 CROSS-REFERENCES Administrative Manual Section 101.002, Constant Staffing Section 106.011, Work Permit Application (FC-02) California Government Code Section 1126, Incompatible Activities Fresno Municipal Code (FMC) Section 3-102, Full-Time Employment Defined, Employment Outside City Service Memorandum of Understanding Between and for the City of Fresno and Fresno City Firefighters Association Local 202 (Fire Non-Management – Unit 5)