In order to provide an additional benefit to all full-time employees who may be unable to perform their duties due to illness and/or temporary disability, a sick leave bank is established.
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANNIVERSARY DATE. The date upon which an eligible employee was first employed with the town.
BANK. The sick leave bank established for the employees of the town.
COMMITTEE. The committee appointed to administer the bank and to receive and make determinations relative to participant's applications for bank loans.
ELIGIBLE EMPLOYEES. All full-time employees who have been employed with the town for at least six months, excluding employees of the Police Department who are members of the 1977 Police Pension Fund or the 1925 Police Pension Fund.
LOAN. The number of sick days a participant is awarded from the bank.
PARTICIPANT. An eligible employee that elects to participate in the bank.
RECIPIENT. A participant who is awarded a bank loan.
SICK LEAVE. The sick leave benefits accumulated by an eligible employee pursuant to § 37.062.
(B) Participation. Any eligible employee may elect to participate in the bank by making a voluntary donation of one accumulated day of sick leave per eligible employee. The initial period for donation to the bank will be the month of January, 1993. After the initial period for donation, the bank will accept voluntary contributions of sick leave within 30 calendar days following a participant's anniversary date. Newly-hired employees shall become eligible to participate after the expiration of six months of employment. The initial period for contribution for newly hired employees will be for a period of 30 days following the completion of their first six months of employment. All days donated to the bank shall lose their identity. In the event that the bank balance shall be depleted to ten days or less, it may be replenished by voluntary contributions of sick leave. Such voluntary contributions shall be limited to one per eligible employee.
(C) Establishment of Committee. A Committee shall be established to administer the bank and shall be composed of one member from the Town Council, appointed by the Town Council President, one member from the Street Department, appointed by the Street Department Superintendent, one member from the Water Department, appointed by the Water Department Superintendent, one member from the Wastewater Treatment Plant, appointed by the Wastewater Treatment Plant Superintendent, one member from the Police Department who is not a police officer under the 1977 Police Pension Fund or 1925 Police Pension Fund, appointed by the Chief of Police, and one member from the town hall staff, appointed by the Clerk-Treasurer. Each member of the Committee shall serve for a term of one year, with the first term commencing January 1, 1993. Each member shall continue to serve until a replacement member is appointed by the appropriate appointing authority.
(D) Confidentiality. At the time each participant elects to participate in the bank, that participant shall sign a release and waiver to permit the Committee to review that participant's personnel file and/or such medical information and/or records as may be necessary in an effort to effectively administer the program. Each member of the Committee shall maintain the confidential nature of the information received.
(E) Loans. A written application for a loan may be submitted to the Committee by a participant or a member of the participant's immediate family, accompanied by a physician's certificate stating the nature of the illness, anticipated length of illness or temporary disability, and the prognosis for the participant's condition. The application shall be reviewed by the Committee and the Committee shall notify the participant or, where appropriate, a member of the immediate family of the participant, of the decision of the Committee within a reasonable period of time, but, in any event, not later than ten working days after the application is submitted. Decisions granting a loan shall be forwarded to the Payroll Department. A participant is not eligible to file a loan application unless and until all of their respective sick leave has been exhausted. Once a participant has exhausted his/her sick leave, a loan shall be allowed for the first sick day only if the illness or disability continues for longer than five days. The maximum number of days that a recipient may be granted is 20 per year. The Town Council reserves the right to grant additional days due to extenuating circumstances if petitioned by the Sick Bank Committee. These sick days will be obtained by voluntary contributions by any eligible employee. All decisions of the Committee shall be final. Each participant shall sign at the time of electing to participate in this program, a covenant to be bound by the decision of the Committee and shall release the Committee from liability and waive any right to challenge the Committee's decisions.
(F) Repayment. A recipient shall repay the loan to the bank at the rate of three days of sick leave per year until the entire loan amount has been repaid. A recipient who leaves employment with the town still owing sick days to the bank, shall transfer and relinquish to the bank, that number of days of accumulated sick leave they may have left at that point in time as may be necessary to repay the recipient's loan. In the event a recipient leaves employment with the town owing more sick days to the bank than he or she has left in accumulated sick leave, the recipient shall transfer and relinquish to the bank the number of days of accumulated sick leave he or she may have left at that point in time, but shall not be responsible for repayment of additional sick days. A recipient who retires from the town or who leaves employment with the town because of a determination of total disability shall not be required to repay any outstanding loans.
(Ord. 1993-3, passed 1-25-93; Am. Ord. 1996-17, passed 7-22-96)