Sick leave benefits shall be available as follows at the authorized rate of pay provided in the prevailing salary ordinance for the position or job actually engaged in at the time the sick leave is used.
(a) Except as provided below, all regular employees, as herein defined, shall accrue sick leave at the rate of four hours of sick leave for each payroll period that the employee has at least 72 hours of straight time pay. If an employee has 40 hours of straight time pay in a payroll period, but less than 72 hours, the employee shall earn and accrue two hours of sick leave. No sick leave shall be earned or accrued if the employee has been on sick leave for an entire payroll period.
(b) Charges against sick leave and pay allowances for time lost on account of sickness shall be made only for time lost for which the employee normally would have received pay and during which normally he or she would have been required to work.
(c) Sick leave shall accrue on an unlimited basis.
(d) Sick leave shall be credited to the employee each payroll period.
(e) Application for sick leave shall be made to and approved by the department head or the proper official designated by him or her. When an employee is absent from duty for a period of three or more consecutive days, a certificate from a licensed physician noting cause or causes of the absence, or other proof of disability or illness, may be required, and if required the proof shall be furnished before the leave request is granted. The employee shall notify his or her department promptly of any disability or illness. Proof of illness or disability may be required at any time by the department head.
(f) Sick leave shall be considered a matter of grace and not of right, in that the decision of the appropriate department head shall control as to eligibility for such leave except that an employee may appeal to the City Administrator in all departments except the office of the City Clerk, in which instance appeal may be made only to the City Clerk. In all cases, the decision of the official to whom the appeal is made shall be final and conclusive in every respect. In the event an employee has exhausted all of his or her accumulated sick leave, additional lost time due to illness shall be charged against and deducted from earned annual leave.
(g) (1) a. Employees who retire after being employed a sufficient number of years to qualify for retirement under the provisions of §§ 35-6 through 35-45 hereof, and the various retirement and pension plans therein provided, shall be paid one day for each day of unused and accumulated sick leave days for up to and including 60 days of such leave and one-half day for each day of unused and accumulated sick leave days in excess of 120 days at the rate at which the employee is being paid at the date of retirement.
b. Classified employees not represented by a collective bargaining agent in a collective bargaining unit and not employed by the Board of Hospital Managers who retire on or after January 16, 1995, after being employed a sufficient number of years to qualify for retirement under the provisions of §§ 35-6 through 35-45 of the Code, as amended, and the various retirement and pension plans therein provided, shall be paid one day for each day of unused and accumulated sick leave days for up to and including 60 days of such leave days and one-half day for each day of unused and accumulated sick leave days in excess of 60 days at the rate at which the employee is being paid at the date of retirement, provided that no portion of this payment for accumulated sick leave between 60 and 120 days shall be included in the computation of final average compensation for any unrepresented employee including those unrepresented employees who otherwise receive final average compensation fold-in of sick and/or annual leave.
(2) General members not represented by a bargaining unit and employed by the Board of Hospital Managers who are eligible for sick leave inclusion and whose retirement date is otherwise effective during the period of May 1, 1985 through December 31, 1985 shall have added to their final compensation payment for unused sick days as follows:
1 - 60
61 - 120
121 and above
50% of total accrual
(3) Employees who have exercised the option, pursuant to § 35-15(c), to participate in a deferred compensation plan established by resolution adopted by the City Council and who have accrued eight years of credited service shall be entitled to be paid for accumulated sick leave days as provided in this subsection upon termination of employment under the deferred compensation plan established by resolution adopted by the City Council, regardless of whether the employee elected to become a member of the City retirement system or elected to continue participation in a deferred compensation plan established by resolution adopted by the City Council.
(h) In the event of death, except suicide, accumulated sick leave time will be paid in accordance with the provisions of MSA § 17.277(10) on the same formula as provided for retirees in subsection (g) hereof.
(i) General members not represented by recognized bargaining units and not employed by the Board of Hospital Managers who are hired, promoted or transferred after March 1, 1989 shall, at the time of retirement, be compensated at 100% for all unused sick leave days and the sick leave days shall not be added in the computation of their final average compensation.
(Ord. 474, passed 3-20-1942; Ord. 1404, passed 10-14-1957; Ord. 1919, passed 7-7-1966; Ord. 1951, passed 1-16-1967; Ord. 2315, passed 3-13-1972; Ord. 2464, passed 11-6-1974; Ord. 2530, passed 11-5-1975; Ord. 2583, passed 1-17-1977; Ord. 2699, passed 2-26-1979; Ord. 2929, passed 12-19-1984; Ord. 2959, passed 6-24-1985; Ord. 3022, passed 12-8-1986; Ord. 3023, passed 12-17-1986; Ord. 3088, passed 2-13-1989; Ord. 3280, passed 7-25-1994; Ord. 3496, passed 6-10-2002; Ord. 3498, passed 7-22-2002; Ord. 3598, passed 6-24-2004)