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(a) In lieu of either all or a portion of the maximum severance pay allowed in Section 260.03, a Fire Chief with either a total of 22 years of Police and Fire Pension Fund accepted credit time, or who is eligible for pension benefits on the date of the proposed retirement, may request to convert his/her current awarded sick leave hours to paid wages which would be normally accumulated each year for three years prior to retirement.
(b) Sick leave shall be limited to a maximum annual accumulation of 120 hours of sick leave per year for the three year period or the maximum allowed under Section 260.03, whichever is less.
(c) Any sick leave utilized during this program will be deducted from the employee's past bank of accumulated hours, if available.
(d) The payment for these accumulated hours shall be made on the last pay of December except that the final payment shall be made at the time of retirement.
(e) The hourly rate used to calculate the amount of the payment shall be sixty-six percent (66%) of the employee's prevailing rate of pay at the time of the payment. All sick hours converted to payment shall be deducted from the maximum allowed in Section 260.03. At no point shall the payment received exceed the maximum number of sick days allowed to be paid out upon retirement per Section 260.03 in order to ensure no additional costs to the City. For employees hired before December 29, 1980, the maximum number of days paid out and deducted from the final sick leave balance is 45 days. For employees hired on and after December 29, 1980, the maximum number of days paid out and deducted from the final sick leave balance is 30 days. For the December 29, 1980 hires, the maximum payout per year is ten days, with zero additional sick days paid out upon retirement.
(f) By submitting the request to participate in this sick leave buyout plan, the employee acknowledges that his/her final sick leave balance, upon retirement for severance calculation Section 260.03, will be reduced by the amount paid over the three year cycle (maximum of one hundred twenty (120) hours annually). At no point shall the payment received exceed the maximum number of sick days allowed to be paid out upon retirement per Section 260.03 in order to ensure no additional costs to the City. If the employee fails to execute retirement at the end of the agreed three year cycle, s/he:
(1) Relinquishes the right to participate in the program again at a later date;
(2) Will not be eligible for continued payments of accumulated sick leave; and
(3) Will only be eligible for future severance payments to the maximum allowed, less any time previously paid under this plan.
(g) At the beginning of the calendar year in which the above mentioned 22nd year of pension credit falls, the employee must submit a request in writing to the Mayor, with a copy to the Finance Director, asking for enrollment in this plan. A copy of the most recent pension service credit statement must be attached to the request.
(1) Within 90 days, the Finance Director will notify the employee of his/her correct sick leave balance, and the number of hours to be paid at the last pay of December.
(2) The employee then has 30 days with which to dispute any balances in question.
(h) This arrangement is not a three-year guarantee of employment, but merely a method for enhancing employee retirement benefits. The City reserves the right to terminate this plan at the end of any given calendar year.
(Ord. 169-00. Passed 7-10-00.)
Definition of "Serious Health Condition"
Definition of "Serious Health Condition"
A serious health condition means an illness, injury impairment or physical or mental condition that involves one of the following:
1. Hospital Care.
Inpatient care such as an overnight stay in a hospital, hospice, or residential medical facility, including:
a. Any period of incapacity, meaning inability to work, attend school or perform other regular daily activities due to the health condition, treatment of the condition, or recovery from the condition; or
b. Any subsequent treatments in connection with the inpatient care.
2. Absence Plus Treatment.
A period of incapacity of more than three consecutive calendar days (including any subsequent treatment or incapacity relating to the same condition) that also involves:
a. Treatment two or more times by a health care provider (treatment includes examinations to determine if a serious health condition exists, but does not include routine physical exams, eye exams, dental exams); or
b. Treatment by a health care provider on at least one occasion that results in a regimen of continuing treatment under the supervision of the health care provider. (Examples include a course of prescription medication or therapy requiring special equipment to alleviate the health condition. Treatment does not include taking over the counter medications, bed rest, or other similar activities that can be initiated without a visit to a health care provider.)
Any period of incapacity due to pregnancy or prenatal care.
4. Chronic Conditions Requiring Treatments.
A chronic condition which:
a. Requires periodic visits for treatment by a health care provider;
b. Continues over an extended period of time; and
c. May cause episodic rather than a continuing period of incapacity, such as asthma, diabetes, epilepsy.
5. Permanent/Long-Term Conditions Requiring Supervision.
A period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective. The employee or dependent must be under the continuing supervision of a health care provider, but need not be receiving active treatment by a health care provider. Examples include Alzheimer's, a severe stroke, and terminal stages of a disease.
6. Multiple Treatments (Non-Chronic Conditions).
Any period of absence:
a. To receive multiple treatments by a health care provider for restorative surgery after an accident or injury; or
b. For a condition that would likely result in a period of incapacity or more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation), severe arthritis (physical therapy), or kidney disease (dialysis).
The following medical conditions and courses of medical treatment are not covered under this policy's "serious heath condition" provision, unless complications arise:
a. Routine physical examinations, eye examinations, dental examinations;
b. Common cold;
d. Ear aches;
e. Upset stomach;
f. Minor ulcers;
g. Headaches other than migranes;
h. Routine dental or orthodontia problems;
i. Periodontal disease;
j. Cosmetic treatments, unless inpatient hospital care or complications develop.
This list is not exhaustive, as other minor illnesses may be excluded depending on the specific course of treatment required.
(Ord. 62-02. Passed 3-11-02.)
90-I Employees Generally Addendum II
Employee Request for Family Medical Leave
I, _______________________ hereby submit this request for Family and Medical Leave for the following
I expect my leave to begin on: _____________________________
I expect to return to work on: _____________________________
If required, I understand that I may need to provide medical certification from a health care provider in order to qualify for the Family Medical Leave. In addition, I understand that under City policy, my unused sick time and vacation time may be required to be used first, prior to moving into an unpaid status. Furthermore, I understand that the total time allowed for leave under Family Medical Leave is 12 weeks and I will be responsible for updating my supervisior on any changes in my status.
(Ord. 62-03. Passed 3-11-02.)