(a) Crediting of Sick Leave. For full-time employees, sick leave shall be earned at the rate of ten hours with pay for each completed month of service. Each full calendar month of service shall be deemed a completed month of service. An employee shall not earn sick leave for any month unless he is in full pay status for at least twenty work days during such month. For permanent part-time employees, sick leave shall be earned at a rate of 4.6 hours per every eighty hours of work performed.
(b) Accumulation of Sick Leave. For all full-time employees unused sick leave shall be cumulative up to 120 hours per year. The total amount of accumulated sick leave shall not exceed 960 hours for the "first tier" of sick hours. Employees may earn sick hours in excess of 960 hours, in a "second tier" of sick hours, after the first tier of 960 hours has been filled. No employee will accrue sick hours in the second tier of sick time until such time as the first tier is filled at 960 hours. Only "first tier" hours may be converted to cash upon separation from employment pursuant to subsection (j) below. Only "second tier" hours may be converted to compensatory time pursuant to subsection (k) below.
(c) Sick leave Accumulated During Authorized Absences. Employees absent from work on authorized holidays, sick leave, vacation leave, or on special leave of absence with pay, shall continue to accumulate sick leave at the rate prescribed in subsection (a) above.
(d) Use of Sick Leave. An employee eligible for sick leave with pay may use sick leave, upon approval of the City Manager or his designee, only for absence due to personal illness, injury, exposure to contagious diseases, which could be communicated to other employees, and illness or injury and death in the employee's immediate family. Immediate family will be defined as it is under the Family Medical Leave Act: An employee's spouse, children (son or daughter), and parents are immediate family members for purposes of FMLA. The term "parent" does not include a parent "in-law." The terms son or daughter do not include individuals age eighteen or over unless they are "incapable of self-care" because of a mental or physical disability that limits one or more of the "major life activities" as those terms are defined in regulations issued by the Equal Employment Opportunity Commission (EEOC) under the Americans With Disabilities Act (ADA). Upon approval of sick leave, sick hours will be deducted from the first tier of accumulated sick time. Upon the exhaustion of all sick hours within the first tier of sick hours an employee may seek to utilize sick hours accumulated, if any, in the second tier of sick-time.
(e) Notification by the Employee. When an employee is unable to work, they shall notify the immediate supervisor no later than one hour before the time the employee is scheduled to report to work. Failure to do so may be cause for denial of sick leave with pay for the period of time absent.
(f) Evidence Required for Sick Leave Usage. Proof of illness, or injury to substantiate a request for any sick leave pay may be requested by the City Manager for an absence of more than three days, if, in the judgment of the City Manager or his designee, such proof is necessary. Proof of illness or injury, when requested, shall be in the form of a written statement by a physician certifying that the employee's physical condition prevented the employee from performing the duties of the employee's position. The City reserves the right to have the employee submit to a medical examination, at the City's cost, to confirm any illness. Any employee fraudulently obtaining sick leave may be subject to disciplinary action.
(g) Transfer of Sick Leave Credit. An employee who transfers from one City position to another City position, or from another public agency in Ohio, shall be credited with the unused balance of their accumulated sick leave, but not in excess of the accrual limit effective for employees of the City.
(h) Charging of sick leave. Sick leave shall be charged in minimum units of fifteen minutes.
(i) Unpaid Leave of Absence. An employee, who has exhausted all of his sick leave/disability may be considered for unpaid leave of absence. Upon recommendation of the department head and approval of the City Manager the leave shall commence the date sick leave expires and shall continue for a period of time not to exceed six months. During a disability leave, the employee shall not be entitled to any compensation or benefits, but shall accumulate seniority. Reinstatement following a duly authorized disability leave shall be in the form of a written statement from a physician certifying that the employee's physical condition will enable him/her to perform his assigned duties.
(j) Sick Leave Conversion upon Separation from Employment.
(1) Less than ten years of employment. Upon separation from employment with the City for any reason, the accumulated but unused sick leave of an employee with fewer than ten years of employment shall be placed to the employee's credit upon the employee's re-employment in the public service in compliance with and pursuant to the requirements of R.C. § 124.38. No conversion to cash shall be available.
(2) Between ten and fifteen years of employment. At the time of separation from active employment with the City for any reason other than termination or discharge for cause, an employee with at least ten years but less than fifteen years of service may be paid in cash for one-fourth the value of the employees accrued but unused sick leave credit up to, but no more than, the value of thirty days of accrued but unused sick leave. The payment shall be based upon the employee's rate of pay at the time of retirement and eliminates all sick leave credit accrued but unused by the employee at the time the payment is made. If the separation from active employment with the City is due to termination or dismissal, the accumulated but unused sick leave shall be placed to the employee's credit upon the employee's re-employment in the public service in compliance with and pursuant to the requirements of R.C. § 124.38. No conversion to cash shall be available.
(3) Fifteen or more years of employment. At the time of separation from active employment with the City for any reason other than termination or discharge, full-time employees with fifteen or more years of service who separated from employment for any reason other than termination or discharge for cause may elect at the time of retirement or separation to be paid in cash for one-half of the value of any unused sick leave the employee has accumulated up to a maximum sick time accumulated in the first tier of sick hours. No employee will be eligible for this one-half cash out in excess of 960 hours of accumulated sick leave in the first tier of sick hours. The payment shall be based on the employee's rate of pay at the time of retirement and eliminates all sick leave credit accrued but unused by the employee at the time payment is made.
(4) For permanent part-time employees retiring after ten years of service. At the time of separation from active employment with the City for any reason other than termination or discharge for cause, an employee with at least ten years but less fifteen years of service may be paid in cash for one-fourth the value of the employees accrued but unused sick leave credit up to, but no more than, the value of thirty days of accrued but unused sick leave. The payment shall be based upon the employee's rate of pay at the time of retirement and eliminates all sick leave credit accrued but unused by the employee at the time the payment is made. If the employee elects not to take the payout, the accrued, unused sick time is to be credited back to the employee upon re-employment with the public service.
(k) Sick Comp Leave. Any sick leave accrued in the "second tier" of sick time can be converted to compensatory time on a 2 to 1 basis (i.e., two hours of sick leave is equal to one hour of compensatory time,) not to exceed eighty hours' time off during any calendar year.
(l) Bonus for non-use of sick leave. All full-time employees, who use twenty hours or less of sick leave within a six-month period, shall be eligible for a cash payment up to a maximum of three hundred dollars ($300.00) for each six-month period for a total annual bonus of six hundred dollars ($600.00). The bonus will be paid on a prorated basis of sick time used. Bonuses shall be determined on the basis of each six-month period separately. There shall be only one payment, calculated on the basis of each six-month period added together. For this section, the year shall commence on January 1 and conclude December 31. Payment of this bonus shall be within sixty calendar days of the completion of the year.
(Ord. 2785. Passed 12-23-02; Ord. 2821. Passed 12-22-03; Ord. 2858. Passed 12-13-04; Ord. 2895. Passed 12-19-05; Ord. 2926. Passed 12-18-06; Ord. 2952. Passed 11-26-07; Ord. 2980. Passed 12-8-08; Ord. 3013. Passed 12-14-09; Ord. 3072. Passed 12-19-11; Ord. 3097, passed 12-10-12; Ord. 3129. Passed 12-9-13; Ord. 3202. Passed 11-28-16; Ord. 3262. Passed 11-25-19.)