(a) Except as otherwise provided by Memorandum of Understanding and implemented by the City Council, in addition to all other sick leave allowed under this article, any employee who is absent from work by reason of the death of a member of his/her immediate family shall, upon the approval of the appointing authority or the agent thereof designated to determine such matters, be allowed leave of absence with full pay for a maximum of three working days for each occurrence of a death in the employee’s immediate family. Such employee shall furnish a death certificate or other satisfactory proof of the death to justify the absence. “Immediate family” shall include the father, father-in-law, mother, mother-in-law, brother, sister, spouse, child, grandparents, grandchildren, step-parents, step-children, foster parents, foster children, a domestic partner, any relative who resided in the employee’s household, a household member (any person residing in the immediate household of the employee at the time of death), and the following relatives of an employee’s domestic partner: child, grandchild, mother, father. For the purpose of this section, simultaneous, multiple family deaths will be considered as one occurrence.
(b) Any non-represented employee who claims a domestic partner for purposes of the provisions of Subsection (a) hereinabove, shall complete a confidential affidavit to be filed in the Employee Benefits Office, Personnel Department, which shall be signed by the City employee and the domestic partner, declaring the existence of a domestic partnership with a named domestic partner. No affidavit is required to secure bereavement leave benefits arising from the death of a household member (any person residing in the immediate household of the employee at the time of death).
(c) Intermittent employees, as defined by Section 4.110(b) of this Code, shall not be entitled to compensated leave because of family deaths.
(d) In addition to the bereavement leave granted under this section, upon approval of the appointing authority, any employee who has accrued unused sick leave at full pay shall be allowed sick leave with full pay not to exceed two working days per occurrence for the purpose of bereavement leave if it is necessary for the employee to travel a minimum of 1,500 miles one way, as calculated by the Automobile Association of America (AAA). Employees requesting the use of sick leave under this provision shall furnish satisfactory proof to the appointing authority of the distance traveled. Use of sick leave hours for bereavement leave shall not be counted as sick leave in any department Sick Leave Use Monitoring Program. This provision expires on January 1, 2023, and is replaced by the following provision:
Effective January 1, 2023, in addition to the bereavement leave granted under this Section, non-represented employees shall be entitled to use an additional two days either unpaid, or paid using accrued unused sick leave, vacation, personal leave, or compensatory time off, at the employee's discretion for the death of an immediate family member as defined in Subsection (a) hereinabove. Use of sick leave hours for bereavement leave shall not be counted as sick leave in any department Sick Leave Use Monitoring Program.
(e) Commencing July 1, 2012, non-represented employees shall be entitled to use the bereavement leave granted under this section up until 370 calendar days from the date of the death of the qualifying immediate family member. Bereavement leave not used prior to 370 calendar days from the date of said death shall be deemed waived and lost.
SECTION HISTORY
Based on Ord. No. 89,100.
Amended by: Ord. No. 137,896; Ord. No.140,780, Eff. 7-31-70; Ord. No. 153,343, Eff. 7-1-80, Oper. 7-1-80; Ord. No. 165,482, Eff. 2-1-90; Ord. No. 168,238, Eff. 10-17-92, Oper. 9-16-92; In Entirety, Ord. No. 170,101, Eff. 11-17-94, Oper. 7-1-94; Subsec. (d), Ord. No. 175,048, Eff. 1-23-03; Subsec. (e) added, Ord. No. 182,210, Eff. 8-10-12; Subsec. (b), Ord. No. 184,260, Eff. 5-5-16; Subsec. (d), Ord. No. 187,820, Eff. 5-12-23.