252.04   SICK LEAVE.
   (a)   Generally.  All full-time employees of the City and all regular part-time employees, as the same are defined in Section 252.08, shall be entitled to sick leave in accordance with the following schedule:
      (1)   Less than four calendar weeks or one calendar month, at the rate of 0.0577 of an hour for every regularly scheduled hour worked; and
      (2)   Four calendar weeks or one calendar month, as follows:
         A.   8.750 hours of credit for those employees who work a 35.0 hour work week;
         B.   9.375 hours of credit for those employees who work a 37.5 hour work week; and
         C.   10.0 hours of credit for those employees who work a 40.0 hour work week.
   Employees may use sick leave, upon approval of the responsible Municipal administrative officer, for absence due to personal illness, pregnancy, injury and exposure to a contagious disease which could be communicated to other employees, and to illness, injury or death in the employee's immediate family. For purposes of this section, “immediate family” means a mother, father, son, daughter, spouse, legal guardian or other person who stands in the place of a parent (i.e. in loco parentis).  Unused sick leave shall be cumulative without limit.  When sick leave is used, it shall be deducted from the employee's credit on the basis of one hour for every hour of absence from previously scheduled work.  Upon transfer from one division or department within the City to another division or department within the City, unused sick leave credits shall continue to be available for the transferred employee's use.  An employee using sick leave shall furnish to his or her supervisor a satisfactory written, signed statement to justify the use of sick leave.  If medical attention is required, a certificate stating the nature of the illness from a licensed physician shall be required to justify the use of sick leave.  An employee experiencing a disabling illness or off-duty injury shall, when physically possible, report that fact to his or her supervisor at least one-half hour before the commencement of such employee's shift on the first day of the employee's absence.  The employee's supervisor may make an additional call to the employee when the supervisor needs additional information.  The employee or a member of such employee's immediate family shall call the supervisor on each succeeding work day that the employee is ill.  Falsification of either a written, signed statement, a physician's certificate or a report of illness shall be grounds for disciplinary action, including the withholding of benefits and dismissal.  Only full-time or regular part-time employees who are granted a leave of absence with pay for sick leave or injury leave shall continue to accrue sick leave at the regularly prescribed rate during such absence, but such accrual shall not be available to an employee until such employee returns from leave for a period not less than one day.  Sick leave credits shall not accrue during periods of suspension or other types of disciplinary leave without pay of six days or more in duration or during periods of military leave.  Sick leave may be used for doctor appointments subject however, to all other restrictions as to approvals and minimum/maximum amounts provided for in this Code of Ordinances, Personnel Policy Manual and/or Collective Bargaining Agreements.
   (b)   Reinstatement Credit.  An employee who had previously accumulated sick leave credit under the provisions of this section shall, upon re-employment with the City, have restored all unused sick leave credit which was not converted to a cash benefit as provided for herein, or any other conversion provisions, provided that such employee is re-employed within ten years.
   (c)   Regular Part-Time Employees.  Regular part-time employees, as the same are defined in Section 252.08, shall earn sick leave at the rate of 0.0577 of an hour for every regularly scheduled hour worked.
   (d)   Sick Leave Credit Remaining at End of Year.
      (1)   An employee who is credited with sick leave may elect one of the following options with respect to sick leave credit remaining at the end of the calendar year:
         A.   Carry-forward the balance; or
         B.   Receive a cash benefit.  An employee who has sick leave credit remaining at the end of the calendar year in excess of 480 hours may convert such sick leave credit in excess of 480 hours at the rate of one hour of the employee's base rate of pay in effect as of the date of application for every three hours of unused credit over 480 hours, to a maximum of forty hours of pay.  Such conversion may occur only one time per calendar year.
      (2)   An employee selecting the option described in division (d)(1)B. of this section shall indicate such selection, in writing, on a form issued by the City Auditor, and the option shall be exercised not later than November 1 of each calendar year.  Failure to exercise such option, in writing, by the last date available therefor, shall result in the automatic carry-forward of any unused balance.
      (3)   Cash benefits will be paid the same pay period that includes November 20.
      (4)   An employee who separates during the year, prior to November 1 of that year, shall not be eligible for the cash benefits provided for in this division.
      (5)   Payments made pursuant to this section shall not give rise to overtime or other premium pay status.
   (e)   Payment for Accumulated Sick Leave Upon Separation.
      (1)   Employees who have accumulated sick leave may, at their request, be paid for a percentage of their accumulated balances upon termination from service to the City, other than upon retirement, at their last base rate of pay at the rate of one hour of pay for every two hours of accumulated balance for those days between 30 and 120, to a maximum of 45 days of pay, based upon the employee's normal work day.
      (2)   In order to be eligible for the payment authorized by this division, an employee shall have at least one year of service with the City.
      (3)   An employee who terminates his or her employment with the City, or who has been terminated from such employment, and who is eligible for payment in accordance with divisions (e)(1) and (2) of this section, shall make written application for such payment prior to such termination using a form issued by the City Auditor for such purpose.  If an employee is terminated for cause, such written application shall be made not more than ten days after the date of such termination. Failure to make a timely application shall result in the forfeiture of the accumulated sick leave credit.
      (4)   Payments made pursuant to this division shall be deemed to eliminate any future demands for payment for any remaining accumulated sick leave credit.
   (f)   Payment for Unused Sick Leave Upon Retirement.
      (1)   As used in this division, "retirement" shall have the same meaning set forth in Ohio R.C. 124.39, as the same may, from time to time, be amended.
      (2)   An employee of the City who, at the time of retirement from active service to the City, has 30 to 120 days of unused sick leave credit, may elect to be paid in cash for the value of his or her accrued but unused sick leave credit at the rate of two sick leave credits (i.e. days) for one day of regular pay.  Payment for sick leave on this basis shall be based on the employee's rate of pay at the time of retirement. Payment for sick leave on this basis shall be considered to eliminate all sick leave credit accrued by the employee at that time.  Such payment shall be made only once to any employee.  The maximum payment which may be made under this division is for 45 days.
      (3)   An employee who retires and elects to convert his or her sick leave credit in accordance with divisions (f)(1) and (2) of this section shall make written application for such payment prior to such retirement using a form issued by the City Auditor for such purpose.
   (g)   Payment for Unused Sick Leave Upon Death.  In case of death of an employee of the City, his or her unused sick leave shall be paid in accordance with Ohio R.C. 2113.04, or to his or her estate.  Such compensation shall be at the employee's last base rate of pay at the rate of one hour of pay for every two hours of accumulated balance, to a maximum of 60 days of pay.
   In order to be eligible for the payment authorized by this division, an employee shall have had at least one year of service with the City.
   (h)   Active Pay Status Defined.  For the purposes of this policy, "active pay status" includes hours actually worked.  Hours on paid holidays, vacation leave, sick leave, injury leave and authorized absences with pay shall count as hours worked.  Additional sick leave is not earned through the working of overtime.
   (i)   Minimum Amount of Leave to be Charged.  Except for employees who are exempt under the Fair Labor Standards Act, sick leave shall be charged in minimum amounts of one hour.
   (j)   Rate of Sick Leave Pay.  Employees absent on sick leave shall be paid at the same basic hourly, daily or biweekly rate as when they are working.
   (k)   Use of Vacation Leave for Sick Leave.  Vacation leave may be used for sick leave purposes, at the employee's request and upon the approval of the appointing authority, after sick leave is exhausted.
(Ord. 92-01.  Passed 2-4-92; Ord. 08-103.  Passed 10-21-08; Ord. 11-75.  Passed 7-29-11; Ord. 19-07.  Passed 1-15-19.)