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SECTION HISTORY
Based on Ord. No. 89,935.
Amended by: Ord. No. 106,560; Subsec. (d) added Ord. No. 138,460, Eff. 4-7-69; Subsec. (b), Ord. No. 140,689, Eff. 7-15-70; Subsec. (e), added, Ord. No. 141,335, Eff. 12-17-70; Subsecs. (c) and (d), Ord. No. 143,444, Eff. 6-20-72; Subsecs. (a), (b), (e), (f), Ord. No. 146,826, Eff. 12-30-74; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Repealed by Ord. No. 173,791, Eff. 3-2-01.
In the event any member of the Fire Department or Police Department after the completion of the member’s initial year of service, is granted a military leave under the provisions of the Military and Veterans Code of the State of California, other than a temporary military leave, cash payment of a sum equal to all accrued but unused vacation, including vacation time accrued during the proportionate part of the year in which such leave is granted, may be made to such member at the salary rate current at the date of the commencement of such leave. Before any payment as herein provided is made, such member shall furnish to the member’s appointing authority two (2) certified copies of the member’s orders, one to be filed in the department in which the member is employed and the other with the Controller, or in lieu thereof, the member shall furnish to such appointing authority upon forms provided by the Controller certified evidence of the member’s entry into active service in the armed forces of the United States and the date thereof; provided, however, that presentation of the proof required under Section 4.175 may be deemed proof under this section for the same military leave. Any certification required by this section may be made by any commissioned officer of such armed forces. The Controller shall have power at any time to require such additional evidence as is satisfactory to the Controller of the entry of such member into active service in such armed forces.
SECTION HISTORY
Based on Ord. No. 89,935.
Amended by: Ord. No. 100,537.
(a) Every member of the Fire Department or Police Department who qualifies for and is granted a military leave, whether temporary or otherwise, pursuant to the provisions of the Military and Veterans Code of the State of California shall, before the member is paid the member’s salary or compensation during such leave, or any part thereof, as provided in said Code, furnish to the member’s appointing authority two (2) certified copies of the member’s orders, and one (1) copy to be filed in the department in which the member is employed and the other with the Controller, or in lieu hereof, the member shall furnish to such appointing authority upon form provided by the Controller certified evidence of the member’s entry into active service of the armed forces of the United States and the date thereof. Any certification required by this section may be made by any commissioned officer of such armed forces. The Controller shall have power at any time to require such additional evidence as is satisfactory to the Controller of the entry of such member into active service in such armed forces and of the actual performance by the member of ordered military duty during all or any part of such leave.
(b) In determining whether a member has been in the service of the City for a period of not less than one year immediately prior to the date on which the absence begins, continuous service as that term is defined in Section 4.42(t) of this Code shall be required; provided, however, that service in any department having control of its own funds shall be counted in making such determination.
SECTION HISTORY
Based on Ord. No. 89,935.
Amended by Ord. No. 100,637.
(a) Every member of the Fire Department or Police Department shall be entitled to sick leave with full pay as herein provided if the member is compelled to be absent from the member’s work on account of any illness or injury other than that caused by or arising from the member’s own moral turpitude, or sustained in the course of or arising out of and proximately caused by the member’s duties as a city employee. Such sick leave shall be allowed as follows:
Commencing December 27, 1970, during the calendar in which the member is appointed and during such subsequent calendar year, the member shall be allowed not to exceed 12 working days’ leave at full pay, five working days at 75% of full pay, and five working days at 50% of full pay, plus the days of sick leave accrued and accumulated in the manner set forth hereinbelow. As used in this section and in Section 4.178 of this Code, the term “calendar year” shall mean the period commencing on the first day of the payroll period during which January 1st occurs and ending on the day immediately preceding the first day of the payroll period during which the next succeeding January 1st occurs.
The allowance of sick leave in this section provided for shall accrue and accumulate in the manner specified herein while the member is absent on military leave.
(b) Any unused balance of sick leave at full pay at the end of any calendar year shall be carried over and accumulated from one calendar year to the next to a maximum of 100 working days, provided, however, that any sick leave at full pay remaining unused at the end of any calendar year, which if added to a member’s accumulated sick leave at full pay, will exceed 100 working days, shall, as soon as practicable after the end of each calendar year be compensated for by cash payment of 50% of the salary rate current at the date of payment.
If a member of the Fire Department retires from the service of the City or, if a member of the Fire Department who is eligible to retire on or after July 1, 1996 dies prior to retirement, any balance of accumulated sick leave at full pay remaining unused at the time of retirement or death shall be compensated to the member or, in the event of the death of the member, to the member’s legal beneficiaries, by cash payment of 50% of the member’s salary rate on the date of retirement or death. The City Council may, by resolution, authorize cash payment to the legal beneficiaries of any member of the Fire Department, who on or after January 1, 1990, is killed during the performance of job- related duties, for the balance of the member’s accumulated full-pay sick leave at 100% of the member’s salary rate on the date of the member’s death. In no instance shall a member or the member’s beneficiaries be compensated more than once for accumulated sick leave upon retirement and/or death of the member.
If a member of the Police Department becomes separated from the service of the member’s department by reasons of retirement or death, any balance of accumulated sick leave at full pay remaining unused at the time of separation shall be compensated to the member or in the event of separation due to the death of the member, to the member’s estate, by cash payment of 50% of the member’s salary rate current at such date of separation. In no instance will a member or the member’s estate be compensated more than once for accumulated full pay sick leave upon retirement or upon the death of the member. The City Council may, by resolution, authorize cash payment to the legal beneficiaries of a member of the Police Department who, on or after January 1, 1990, suffered or suffers a duty-related death, for the balance of the member’s accumulated full-pay sick leave at 100% of the member’s salary rate on the date of the member’s death. In no instance shall a member or a member’s beneficiaries be compensated more than once for accumulated sick leave upon retirement, death, or death in the performance of duties of the member.
If a member becomes separated from the service of either the Fire Department or the Police Department by reason of resignation and is thereafter employed by either department within seven days after the effective date of said resignation, the unused balance of all sick leave, accrued and accumulated in the department from which the member resigned, as of the effective date of such resignation, shall be restored.
If a member of the Fire Department or Police Department was, within seven days prior to becoming a member, an employee of any department of the City, including an employee member of the Fire Department or Police Department, the unused balance of all sick leave accrued and accumulated in the department from which the member resigned, as of the effective date of such resignation, shall be restored.
(c) Any unused balance of sick leave at 75% of full pay at the end of any calendar year and any unused balance of sick leave at 50% of full pay at the end of any calendar year shall be carried over and accumulated from one calendar year to the next to a maximum of 100 working days at 75% pay and 100 working days at 50% pay. All accrued sick leave at partial pay in excess of such maximum amounts shall be deemed waived and lost.
(d) In all cases where such member is compelled to be absent from duty on account of such illness or injury, the member shall report the same as soon as practicable to the member’s appointing authority, and to the Medical Services Division of the Personnel Department. The appointing authority of a member receiving any benefits under this section may, in the appointing authority’s discretion and at such time as the appointing authority deems necessary, require such member to be examined by the Medical Services Division of the Personnel Department, which shall report its findings to said appointing authority.
(e) Upon approval of the appointing authority, any employee may be allowed sick leave with full pay not to exceed an aggregate of eight hours in any one calendar year, but not less than one hour at any one time, which shall be included in the allowance of sick leave at full pay under this section for the purpose of securing preventative medical, dental, optical or other like treatment or examination.
SECTION HISTORY
Based on Ord. No. 89,935.
Amended by: Ord. No. 137,490; Ord. No. 138,460, Eff. 4-7-69; Ord. No. 139,809, Eff. 12-23-69; Subsecs. (a) – (e), repeals (f), Ord. No. 140,780, Eff. 7-31-70; Subsec. (b), Ord. No. 143,444, Eff. 6-20-72; Subsec. (b), Ord. No. 145,773, Eff. 4-10-74; Subsec. (b), Ord. No. 146,400, Eff. 7-31-74; Subsec. (b), sentences at end of second and third paras., Ord. No. 170,794, Eff. 12-19-95; Subsec. (b), second and third para., Ord. No. 170,967, Eff. 3-27-96; Subsec. (b), Para. 2, Ord. No. 171,527, Eff. 2-26-97.
Every member of the Fire Department or Police Department shall be entitled to use sick leave accrued pursuant to this article if that member is unable to work on account of the member’s pregnancy, childbirth or related medical conditions.
SECTION HISTORY
Added by Ord. No. 152,274, Eff. 4-27-79, Oper. 4-29-79.
(a) If a member of the Fire Department or Police Department who is temporarily disabled by reason of illness or injury proximately caused by, arising out of, and in the course and scope of the member’s employment, shall receive as temporary disability compensation (Division IV of the Labor Code of the State of California) an amount equal to the member’s base salary less the sum that would be deducted therefrom pursuant to Section 4.2014 of this Code or Charter Sections 1324, 1420, 1514, or 1614, as applicable, if the member were actively performing the member’s duties. Provided, however, that in no event shall any member of the Fire Department or Police Department receive any temporary disability compensation pursuant to this subsection after the member has been granted a pension, or for a period longer than one (1) year. In the event that the member is temporarily disabled and prevented by such temporary disability from returning to duty at the expiration of one (1) year, and said member has not been granted a pension prior to that time, the member shall then receive temporary disability compensation at the rate provided in Division IV of the Labor Code of the State of California.
(b) Any member of the Fire Department or Police Department who is disabled by reason of illness or injury proximately caused by, arising out of, and in the course and scope of the member’s employment, and a physician designated by the Personnel Department has certified that the member is permanently disabled and that the member is not fit by reason of the disability for any type of available duty, the member shall receive as disability compensation (Division IV of the Labor Code of the State of California) an amount equal to the member’s base salary less the sum, which would be deducted therefrom pursuant to Section 4.2014 of this Code or Charter Sections 1324, 1420, 1514 or 1614, as applicable, if the member were actively performing the member’s duties. Provided, however, that in no event shall any member of the Fire Department or Police Department receive any disability compensation pursuant to this subsection after the member has been granted a pension nor shall any member receive any temporary disability compensation pursuant to Subsection (a) of this section plus disability compensation pursuant to this subsection or any combination thereof for a period longer than one (1) year. Further provided, that no disability compensation shall be paid pursuant to this subsection unless a written application for a disability pension is filed with the Department of Pensions as soon as practicable after the Fire Department or Police Department is notified that the condition of the disabled member has been declared permanent and stationary.
(c) All issues and conflicts, including issuance of medical fact, which may arise by the application of this section, shall be resolved by the General Manager of the Personnel Department.
(d) The employing department shall make the initial determination as to proximate cause of injury or illness, workers’ compensation benefits shall be administered in accordance with the provisions of Division IV of the Labor Code by the General Manager of the Personnel Department, any dispute concerning the proximate cause of injury or illness shall be resolved in accordance with the advice of the City Attorney. The benefits of this section shall be administered in accordance with decisions of the Workers’ Compensation Appeals Board.
(e) Upon the operative date of this Subsection, employees in the classification of Chief Paramedic, Code 2300, shall be considered members of the Fire Department eligible for the benefits provided under this section.
SECTION HISTORY
Based on ord. No. 89,935.
Amended by: Ord. No. 99,770; Ord. No. 138,534, Eff. 4-25-69; Ord. No. 140,848, Eff. 8-31-70; Subsec. (e) repealed, Ord. No. 147,646, Eff. 9-11-75; In Entirety, Ord. No. 158,352, Eff. 9-23-83, Oper. 1-28-80; Subsec. (e) added, Ord No. 168,262, Eff. 10-5-92, Oper. 10-18-92; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00; First Sentence of Subsec. (a) and First Sentence of Subsec. (b), Ord. No. 179,186, Eff. 9-25-07.
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