(a) All regular full-time employees shall be allowed to accumulate an unlimited amount of sick leave. Regular 40-hour per week full-time employees shall accrue sick leave at the rate of 4.62 hours bi-weekly. Full-time Municipal Court employees shall accrue sick leave at the rate of 4.04 hours bi-weekly.
(b) Employees who are eligible for Family and Medical Leave under the provisions of the Family and Medical Leave Act (FMLA) may be entitled to take up to twelve (12) weeks of unpaid leave in a 12-month period for specified family and medical reasons. To be eligible for FMLA benefits, an employee must have worked for the City of Mentor for a total of twelve months, and have worked at least 1,250 hours during the previous 12 month period.
(Ord. 07-O-33. Passed 3-20-07.)
(c) Any employee who retires with less than ten (10) years of full-time service, or terminates his employment shall be deemed to have waived all accumulated sick leave time, except due to death in the line of duty in which case the employee’s estate shall receive one fourth (¼) of the value of his unused accrued sick leave credit earned while employed at the City of Mentor, to a maximum of one-fourth (¼) of one hundred twenty (120) days calculated at the equivalent hourly rate.
(d) Any employee who retires or dies with ten (10) or more years of full-time service, may receive payment in cash for one-third (1/3) of the value of his or her unused accrued sick leave credit earned while employed at the City of Mentor, up to a maximum of one-third (1/3) of two hundred fifty-five (255) days calculated at the equivalent hourly rate. Payments on this basis shall be made only once to any eligible employee or his estate and shall be considered to eliminate all sick leave credit accrued by the employee at that time. Said payment shall be based on the employee’s rate of pay at the time of retirement or death.
(Ord. 12-O-29. Passed 3-20-12.)
(e) The City may require proof of illness for any authorized sick leave. In the judgment of the department director or division head proof of sick leave may include a doctor's certificate or other proof of illness or injury from the employee's physician indicating the nature and duration of the illness or injury. No continuous sick time leave in excess of three (3) working days shall be allowed except upon a certificate of a licensed physician to be filed with the City Manager not later than six (6) days after the commencement of disability, which certificate shall state the nature of illness and probable length of the disability. Additional certificates may be required by the City Manager in cases of prolonged or recurring illness. The City Manager may, if he feels the situation warrants, require the employee to be examined by a physician or physicians of his selection and supply a certificate by said physician or physicians.
(f) In unusual and specific circumstances, the City Manager may grant additional sick leave with pay to those employees who have one (1) year or more of continuous employment with the City. In each case, the City Manager shall make a complete investigation, review and consult with the department director or division head on the employee's service and work record and the nature or seriousness of the sickness or physical disability. A report shall be made and filed together with a medical certificate. This extension of days absent may be made on any basis that the particular case warrants, in the opinion of the City Manager. Any employee who does not return to work physically fit within the designated time provisions, shall be removed from the payroll and marked "on leave of absence." If such employee reports to work physically fit within the 15 days following the date of the leave of absence, the employee shall be restored to his former status and at his former rate of compensation. If an employee does not report to work within this 15 day period, his service with the City shall be considered terminated. Further extension of sick leave for regular full- time employees may be granted as the Council directs.
(g) No part-time, seasonal or temporary employees shall be entitled to any sick leave benefits.
(h) Sick leave may be granted upon the recommendation of the department director or division head only for the following reasons:
(1) Non-occupational illness or physical incapacity of the employee.
(2) Non-compensable bodily injury to the employee.
(3) Sickness in the immediate family requiring the presence at home of the employee. For the purpose of this section, “immediate family” is meant to include: mother, father, legal guardian, spouse, children (biological, adopted, or foster children, step-parent and step-child. Sick leave thus chargeable shall not exceed ten (10) work days in any calendar year, except in special cases authorized by the City Manager.
(4) If an employee qualifies for leave under the provisions of the Family and Medical Leave Act (FMLA) as stated in Section 151.39 (b) above, he/she may be eligible for up to twelve (12) weeks of leave. Said FMLA leave shall run concurrent with any and all paid leave. If an employee’s paid leave becomes exhausted, any remaining FMLA leave shall be unpaid. The department director or division head shall present recommendation to the City Manager for his approval before such leave is granted.
(5) Any other reason provided for under the provisions of the Family and Medical Leave Act (FMLA).
(6) Quarantine because of contagious disease. A certificate shall be required from the attending physician before paying an employee sick leave under this section.
(7) Death in the immediate family of the employee; three (3) days funeral leave (not chargeable to sick leave) and two (2) additional days chargeable to sick leave may be utilized for any one (1) death chargeable to this section. For the purpose of this section, “immediate family” is meant to include: the employee's grandparents, father, mother, husband, wife, sister, brother, son or daughter, or grandchild, related either by blood or marriage to the employee. Bereavement and sick leave for this purpose shall be granted to an employee who is actually in attendance at the funeral or engaged in activities in connection therewith.
(8) Any employee scheduled to work on a holiday who reports sick or injured shall be entitled to sick leave with pay but shall not be eligible for holiday pay.
(9) The City Manager at any time may require an examination by a physician acceptable to the City Manager, whereby the examining physician shall certify his conclusion to the City Manager. If the physician's report or conclusion indicates, in the opinion of the City Manager, that the employee is able to perform a service or duty with the City, then the member shall be assigned, in writing by the Manager, to such duty and return to his designated work. Failure of an employee to assume or perform such assigned service shall cause all compensation to cease.
(10) Sick leave shall not be allowed when the absence is due to the use of narcotics, intoxicants or willful misconduct.
(11) An employee who is self-employed or works for another employer while on sick leave shall be considered as having terminated his employment with the City.
(12) Any employee who becomes sick or is injured and unable to report to work shall notify the department not later than one (1) hour before the starting time of his regular shift on the first day of his absence and each day thereafter, if not hospitalized, or sick leave shall not be allowed. Should the injury or illness prevent the employee from making such notification, then it shall be the responsibility of his designee to comply with this requirement.
(13) Sick leave shall not be authorized for illness, injury or physical incapacity incurred in employment other than with the City.
(i) Regular full-time employees previously employed on a regular full-time basis by the State of Ohio or a political subdivision thereof, may, at the time of hire, receive credit for their unused, unreimbursed sick leave to a maximum of 240 hours for employees in management classifications included in Section 151.14 hereof, or 120 hours for all other employees.
(Ord. 07-O-33. Passed 3-20-07.)