(A) The purpose of sick leave is to permit an employee to take time off for an actual illness or injury, or a medical emergency. The purpose of sick leave is not to provide paid holidays, and it is not the policy of the city to permit sick leave to be taken unless one of the conditions required for sick leave as described in this section actually exists.
(B) The city will allow all full-time employees sick leave with pay, computed as hereinafter set forth, to accumulate at the rate of one working day per month. There shall be no minimum days that an employee may accumulate. The use of sick leave is subject to the following limitations and conditions:
(1) Accumulated sick leave may be used, not to exceed 15 working days per calendar year, except that the entire amount of accumulated sick leave may be used at one time should the employee undergo a major operation or a protracted illness, or for disability coming under the Workmen's Compensation Act.
(2) Accumulated sick leave with pay not to exceed 15 working days may be used by female employees for pregnancy or complications arising out of pregnancy, regardless whether or not such employee returns to work; provided, such female employee shall have been continuously employed for a period of at least one year.
(3) In granting sick leave with pay, the city reserves the right to require a physician's certificate if the employee is off work for more than three working days. A doctor's or other medical professional's statement may be required upon return to work.
(4) Sick leave may be granted for any of the following reasons:
(a) Non-duty related illness, disability or injury of the employee making it impossible or inadvisable for the employee to attend work.
(b) Illness of the employee's spouse, son, daughter, father or mother, father-in-law or mother-in-law. The maximum leave that may be taken for this purpose is three days.
(c) In the event of serious illness, disability, injury or death of a member of the employee's immediate family. The maximum leave that may be taken for this purpose is three days.
(d) An employee shall be eligible for sick leave for any appointment made on the employee's own behalf, with any person licensed by the state to perform any healing art, including any physician or dentist, optometrist or other licensed practitioner, concerning the employee's physical health or mental health in any way. Sick leave shall be granted whether the appointment is for an examination, for prevention or for treatment.
(e) Sick leave shall be available to any employee hospitalized for mental or emotional health problems, to the extent that accumulated sick leave days are available, and sick leave shall also be for office appointments for mental health and emotional health needs.
(5) In case of an injury making it impossible for an employee to perform the employee's work, every effort will be made to assign the employee to work that can be done within the limitations caused by the injury. If the injury prevents the employee from doing any work at all for the city, the employee shall be eligible for sick leave. If it feasible for an injured employee to do work at home, work shall be provided for the injured employee to do at home.
(6) (a) Should the employer have cause to believe that an employee is not fit-for-duty, the employer may request the employee to obtain from the employee's medical provider a written statement certifying that the employee is fit-for-duty. In the event the employee's medical provider's written statement certifies that the employee is fit for light duty work only, then, in that event, the written statement must also set forth the limitations on the employee's duties.
(b) Should the employer have cause to believe that an employee is not fit-for-duty, the employer may require that the employee have an examination by a qualified and licensed medical professional selected by the employer in order to determine the employee's fitness for duty. Any such examination, and such related tests, shall be at the employer's expense. The employee shall be notified in writing as to the objective facts leading the city to require the examination. All time spent by the employee associated with the examination shall be considered hours worked. The physician shall render an opinion as to whether the employee is fit or unfit for duty; including a suggested treatment regimen where appropriate. An employee found unfit for duty shall be placed into an appropriate status. All opinions and reports shall be considered confidential and their release shall only be as required by law.
(c) When the city's medical professional's opinion disagrees with the employee's medical professional's opinion regarding the employee's fitness for duty, a third doctor's opinion shall be the deciding factor. The third doctor shall be chosen by agreement between the city's medical professional and the employee's medical professional. The cost associated with the third doctor's examination, and any related tests, shall be at the employer's expense.
(7) It is grounds for termination of employment with the city if, upon investigation, it is found that an employee is abusing or violating the sick leave policy of the city.
(8) On the first day of sickness, as soon as possible, the employee must notify his or her immediate supervisor that he or she will be unable to report to work. Failure to notify the supervisor may result in suspension of sick leave privileges.
(9) Accurate records of each employee's accumulated sick leave, and the amount of sick leave taken by each employee, shall be kept either in written form in the employee's personnel file or in a computer memory in permanent form. Any employee may receive a copy of the written record or a printout of the computer information relating to that employee's sick leave, on request. Any employee dissatisfied or having any questions about the employee's sick leave, may have an appointment with the department head or, at the option of the Mayor, with the Mayor, to discuss the matter.
(10) All paid employees and appointed paid officers are covered by this section. Elected officials, volunteers and members of committees, boards and commissions are not covered.
(11) Sick leave shall be available to any employee hospitalized for mental or emotional health problems, to the extent that accumulated sick leave days are available, and sick leave shall also be for office appointments for mental health and emotional health needs.
(12) Except as hereinafter provided in this subsection, upon termination of employment, for any reason, all accumulated sick leave shall be immediately canceled and forfeited. If termination of employment is due to the retirement of the employee and if the employee shall apply to the Illinois Municipal Retirement Fund for retirement benefits, the employee shall be entitled to report to the Illinois Municipal Retirement Fund as accumulated, unused and unpaid sick days all actual accumulated, unused and unpaid sick days at the rate of one working day per month commencing with the date of employment and terminating with the date of retirement.
(13) The amount of sick leave pay to be allowed hereunder shall be the employee's regular wage or salary, less any payments received by the employee as a result of such layoff from the following sources:
(a) Accident and health insurance disability benefits attributable to premiums paid by the city.
(b) Payments received from Workmen's Compensation insurance for temporary total or temporary partial disability.
(C) This policy shall become effective upon the adoption of this section by the City Council, and any provisions of any policy contrary to that set forth herein is hereby revoked.
(Ord. 99-9, passed 5-10-99; Am. Res. 02-08, passed 5-13-02; Am. Ord. 09-55, passed 12-14-09)