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G.O.#: EFFEC. DATE: PREV. DATE: Page 4 of 12 Pages 4894-5387-2224 v2 40 2. If the Covered Employee is not otherwise on paid administrative leave or on paid worker’s compensation leave, the Covered Employee’s time in the treatment program will be unpaid per the terms of the applicable MOU, but the Covered Employee may elect to use accrued paid time off, if available. 3. During a Covered Employee's career, a second opportunity for treatment may, in the City’s discretion, be offered in the event of a relapse. A Covered Employee is not eligible for a second treatment opportunity unless considerable time has passed and the Covered Employee is otherwise in good standing. Discipline, which could include termination, will be imposed for the second violation of this Policy. If a second treatment program is allowed in lieu of termination, the Covered Employee will be responsible for the entire cost. 4. To the extent a Covered Employee tests positive for drugs or alcohol in violation of this Policy, completion of a return-to-duty test with a negative test result for the substance at issue will be required before the Covered Employee may return to work. 5. As a condition of continued employment, a Covered Employee who tests positive in violation of this Policy will be subject to unannounced follow-up testing for up to 12 months after the Covered Employee has returned to duty. M. A Covered Employee who refuses to submit to any required drug or alcohol test authorized by this Policy will be treated in the same manner as a Covered Employee who tests positive on a drug or alcohol test. Refusal to submit to a drug or alcohol test as required by this Policy constitutes insubordination and may result in discipline, up to and including termination, in accordance with full due process and representation rights. N. Under this Policy, a Covered Employee is deemed to have tested positive for alcohol if test results indicate a concentration of 0.02 or higher. O. Marijuana/Cannabinoids (Marijuana) will only be considered a violation of this Policy in conjunction with objective signs that support reasonable suspicion as defined in this Policy. P. To provide Covered Employees with substantial advanced notice regarding this Policy, LPFD will implement this Policy no earlier than three months from the Policy’s effective date.