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§ 36.118 SICK LEAVE.
   (A)   (1)   Upon completion of a trial period of 90 days, eligible regular full-time employees of the village shall be granted leave of absence from duties on account of sickness with ten sick days per calendar year. Sick pay benefits may be accumulated by employees up to a maximum of 20 days. All sick leave expires on the date of separation. Sick leave shall not be used as vacation leave. Sick pay will be paid only for approved absences and for the time when the employee would normally be scheduled to work. Sick leave does not count as hours worked for the purposes of calculating overtime.
      (2)   Sick leave shall be granted by the department head or Village Board. Sick leave may be used for personal illness or that of another immediate family member requiring the absence of the employee for the care of the individual. IMMEDIATE FAMILY MEMBERS includes spouses, children, stepchildren, foster children, parents, stepparents, mothers-in-law and fathers-in-law. Sick leave may also be used for personal injury disabling the employee to an extent that prevents the performance of assigned duties and or medical appointments.
      (3)   A doctor’s certificate may be required when an employee is absent for a period in excess of three days. The village may also request the opinion of a second doctor, at the village’s expense, to determine whether the employee suffers from a chronic physical or mental condition which impairs his or her ability to perform the job. Employees who are habitually absent due to illness or disability may be terminated if their disability cannot be reasonably accommodated and/or when the employee’s absenteeism prevents the orderly and efficient provision of service to the citizens of the village.
      (4)   Medical or dental appointments for the employee or dependent child, provided that the employee must make a reasonable effort to schedule such appointments at times which have the least interference with the work day.
      (5)   Exposure to a contagious disease where on-the-job presence of the employee would jeopardize the health of others.
      (6)   Use of a prescription drug which impairs job performance or safety.
      (7)   Actual periods of temporary disability associated with pregnancy or childbirth. Employees may request additional time off beyond the actual period of disability; vacation leave, compensatory time or leave without pay may be used.
      (8)   Employees who use all their accumulated sick leave and require more time off work due to illness or injury may, with the Village Board’s prior approval, take leave without pay.
   (B)   The abuse of sick leave privileges may be grounds for dismissal.
(Ord. 648, passed 11-9-2020; Ord. 688, passed 9-11-2023)
§ 36.119 LEAVE WITHOUT PAY.
   (A)   The Village Board may grant leaves of absence without pay for absence from work not covered by any other type of leave or if other leave balances are exhausted. Examples of situations for which leave without pay may be granted included time off work for personal reasons, such as prolonged illness, parenting, caring for an ill relative, pursuing an education or fulfilling a military obligation in excess of 15 days per year.
   (B)   Only regular full-time and part-time employees who have satisfactorily completed their probationary period are eligible for leave without pay. The following requirements apply.
      (1)   Leave may be granted to an employee for a period of up to 30 days upon the approval of the Village Board. Further extensions are at the discretion of the Village Board.
      (2)   Accrued compensatory time, if any, and vacation leave must be exhausted prior to taking any leave without pay.
      (3)   An employee’s benefits are suspended during the period of unpaid leave until the employee returns to work. Vacation, sick leave and/or any other benefits do not accrue while an employee is on leave without pay.
      (4)   In certain circumstances, self-payment of benefits may apply.
      (5)   An employee who fails to report promptly at the end of the unpaid leave is presumed to have resigned. An employee returning from a temporary disability may, at the village’s option, return to the same position or similar position at a comparable rate of pay.
      (6)   Unless specified elsewhere in this manual or expressly stated in writing and signed by the Village Board, while on authorized leave of absence without pay, the employee will not accrue vacation or sick leave benefits. An employee will be returned to the same or a comparable position after the leave based upon the needs of the village, the length of the leave and prior performance of the employee.
      (7)   Prior to returning from a leave for medical incapacity, an employee may be required to submit a medical report certifying that the employee is able to resume regular job responsibilities.
      (8)   An employee’s employment with another employer while on a leave of absence will automatically constitute a voluntary resignation.
(Ord. 648, passed 11-9-2020; Ord. 688, passed 9-11-2023)
§ 36.120 JURY AND WITNESS LEAVE.
   (A)   Employees may be granted time off with pay to serve on a jury or as a court witness. If any employee is summoned during a critical work period, the village may ask the employee to request a waiver from duty.
   (B)   An employee granted such leave who is paid by the village shall reimburse the village for any pay received from the Court while serving as a juror or witness.
(Ord. 648, passed 11-9-2020; Ord. 688, passed 9-11-2023)
§ 36.121 ADMINISTRATIVE LEAVE.
   On a case-by-case basis, the village may place an employee on administrative leave with pay for an indefinite period of time, as determined by the Village Board to be in the best interests of the village during a pending investigation or other administrative proceeding.
(Ord. 648, passed 11-9-2020; Ord. 688, passed 9-11-2023)
§ 36.122 MILITARY LEAVE.
   Leaves of absence for training in the National Guard or service in the armed services shall be granted in accordance with federal law, state statutes and subsidiary rules approved by the Board.
(Ord. 648, passed 11-9-2020; Ord. 688, passed 9-11-2023)
§ 36.123 BEREAVEMENT LEAVE; FUNERAL LEAVE.
   Funeral leave is available to village employees for bereavement and funerals of immediate family. Funeral paid leave of up to five days per funeral includes: spouse’s parents, parents, spouse, and children. Funeral paid leave up to three days includes: brothers and sisters, brother and sister in-laws, grandparents, grandchildren, aunts, and uncles. Total funeral leaves shall be limited to eight days annually. Additional days are available without pay with Board approval.
(Ord. 648, passed 11-9-2020; Ord. 688, passed 9-11-2023)
§ 36.124 FAMILY LEAVE.
   (A)   Leave provided. The Family and Medical Leave Act of 1993 (FMLA), as amended thereafter, requires covered employers to provide FMLA leave to eligible employees. Following is a summary of the leave requirements under the FMLA. This policy and the posting do not necessarily include all FMLA requirements, disclosures, or information employees may need to know, but are intended to provide employees with basic FMLA information.
   (B)   Eligibility requirements. In order to be eligible for FMLA leave, an employee must have worked for the village for at least one year prior to commencement of the leave and worked at least 1,250 hours during the 12 months prior to the commencement of the leave.
   (C)   Reasons for leave. Eligible employees may take FMLA leave for the following purposes:
      (1)   For incapacity due to the employee’s pregnancy, prenatal medical care or childbirth;
      (2)   To care for the employee’s child after birth, or placement for adoption or foster care;
      (3)   To care for the employee’s spouse, child or parent who has a serious health condition;
      (4)   For a serious health condition that makes the employee unable to perform his or her job;
      (5)   For military exigency leave to address certain qualifying exigencies related to a military member (if the employee is the spouse, parent, son or daughter of said military member) who is on covered active duty or called to covered active duty status in a foreign country (and if the family member is in the National Guard, Reserves or regular armed forces); or
      (6)   For military caregiver leave to care for a covered service member (if the employee is the spouse, parent, son, daughter or next of kin of said service member). A covered service member is: a current member of the armed forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation or therapy, is otherwise in outpatient status or is otherwise on the temporary disability retired list for a serious injury or illness; or a veteran who was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran, and who is undergoing medical treatment, recuperation or therapy for a serious injury or illness.
   (D)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      QUALIFYING EXIGENCY. May include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions and attending post-deployment reintegration briefings, among other things.
      SERIOUS HEALTH CONDITION. An illness, injury, impairment, or physical or mental condition that involves either an overnight stay in medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee’s job, or prevents the qualified family member from participating in school or other daily activities. Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than three full consecutive calendar days combined with at least two in-person visits to a health care provider (the first within seven days and the second within 30 days of the on-set of incapacity) or one in-person visit (within seven days of the onset of incapacity) and regimen of continuing treatment prescribed at that visit, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.
   (E)   Amount of leave. Eligible employees are entitled to a maximum of 12 weeks of unpaid FMLA leave during a rolling 12-month period. If the leave is to care for a covered service member, an eligible employee is entitled to a maximum of 26 weeks of unpaid leave for such purpose during a single 12-month period. During that single 12-month period, FMLA leave taken for other reasons is also counted, and an employee may not exceed the 26-week maximum for all FMLA leave taken regardless of the reason.
   (F)   Use of leave. An employee does not need to use FMLA leave in one block. Leave can be taken intermittently or on a reduced leave schedule when medically necessary. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the village’s operations. Leave due to qualifying exigencies may also be taken on an intermittent basis.
   (G)   Substitution of paid time off benefits for unpaid leave. Employees are required to use paid time off (PTO) benefits while on FMLA leave. PTO benefits will not continue to accrue while an employee is on FMLA leave, but accruals will be re-commenced upon return to work from FMLA leave.
   (H)   Employee notice of need for leave. 
      (1)   If the need for leave is foreseeable, an employee must provide 30 days’ advanced notice if practicable. If not practicable to give at least 30 days advance notice of the need for foreseeable leave, then the employee must give as much notice as reasonably possible. This normally means providing notice on the same day as or next business day after the employee learns of the need for leave. Notice of the need for foreseeable leave is to be given to the Village Clerk.
      (2)   If the need for leave is unforeseeable, an employee must provide as much notice as practicable. This means the employee must comply with the village’s call-in procedures. In addition, the employee must notify the Village Clerk of absences that are unforeseeable.
      (3)   When notifying the village of the need for FMLA leave or an FMLA absence, an employee must provide sufficient information for the village to determine if the leave might qualify as FMLA leave or an FMLA absence. The employee must also provide the anticipated timing and duration of the leave or absence. Sufficient information may include that the employee is unable to perform job functions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. Calling in “ill” or “sick” is not enough. Employees also must inform the village if the requested leave is for a reason for which FMLA leave was previously taken or certified. If so, the employee must specifically mention the “FMLA” or state the specific qualifying reason FMLA leave or absence is needed.
   (I)   Certification of need for leave. Employees may be required to provide a certification and periodic recertification supporting the need for leave. Any certification that is submitted must be complete and sufficient and returned within 15 calendar days. The village may also require second and third opinions from health care providers if the leave is for the serious health condition of the employee or a family member. The village may also request authentication and clarification of any medical certification that is submitted by contacting the health care provider.
   (J)   Village notices and other responsibilities.
      (1)   If an employee requests FMLA leave, the Village Clerk will notify the employee whether he or she is eligible for such leave the first time during the village’s FMLA leave year that the employee requests leave for that particular reason or that specific medical condition. If the employee is eligible, the notice will specify any additional information required (such as certification of a health care provider), as well as the employee’s rights and responsibilities. If the employee is not eligible, the notice will provide a reason for the ineligibility.
      (2)   Once the village has received a complete and sufficient certification (if one is required), the employee will receive a designation notice. The notice will either designate the leave as FMLA-protected leave and the amount of leave counted against the employee’s FMLA leave entitlement (if it can be calculated), or will advise the employee that the leave is not FMLA-protected.
   (K)   Benefits and protections while on leave. While on FMLA leave, the village will maintain the employee’s health coverage under the village’s group health plan on the same terms as if the employee had continued to work. Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the state of an employee’s leave.
   (L)   Permissible and prohibited activities while on leave. As a general rule, an employee who is on an approved leave of absence is expected to engage in only those activities that are necessary for, consistent with, and appropriate for the purpose of leave, and the employee is not permitted to engage in any other activities. An employee is also prohibited from working elsewhere or engaging in self-employment while on leave (including working any additional job the employee was working while also working for the village prior to taking leave), without the village’s advance written consent.
   (M)   Return to work. If an employee was on leave for his or her own serious health condition, he or she must provide a fitness-for-duty certification upon return to work. Upon return from FMLA leave, an employee will normally be restored to his or her original or an equivalent position with equivalent pay, benefits, and other employment terms. However, an employee has no greater rights to job restoration than if the employee had not taken FMLA leave.
   (N)   Unlawful acts by employers. FMLA makes it unlawful for any employer to interfere with, restrain, or deny the exercise of any right provided under FMLA; and discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.
   (O)   Enforcement. If any employer violates the FMLA, an employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer. FMLA does not affect any federal or state law prohibiting discrimination or supersede any state or local law or collective bargaining agreement which provides greater family or medical leave rights. An employee may obtain additional information from the U.S. Department of Labor by calling 1-866-4US-WAGE (1-866-487-9243 or TTY: 1-877-889-5627 or at the following website: www.wagehour.dol/gov.
(Ord. 648, passed 11-9-2020; Ord. 688, passed 9-11-2023)
§ 36.125 PARENTAL LEAVE.
   (A)   Parental leave of up to ten paid working days will be granted to an employee parent to provide care and assistance for their newborn child only if the employee parent returns to work for the municipality for at least 30 days after the expiration of all leave utilized for said birth, whether paid or unpaid. Parental leave shall be used within six months of the birth of the child. Parental leave will not accrue for an employee parent who does not satisfy the above conditions.
   (B)   An employee of a newly-adopted child will be granted up to ten paid working days of adoption leave only if the employee parent returns to work for the municipality at least 30 days after the expiration of all leave utilized for said adoption, whether paid or unpaid. Adoption leave begins no sooner than when the child is placed in the physical custody of the employee and is to be utilized within six months of placement. Adoption leave does not apply if the child being adopted is a special needs child over 18 years of age, a child who is over the age of eight and is not a special needs child, or a step-child being adopted by his or her step parent. Adoption leave will not accrue for an employee parent who does not satisfy the above conditions.
(Ord. 688, passed 9-11-2023)
§ 36.126 HOLIDAYS.
   (A)   Full-day holidays. The following calendar days of the year shall be observed as holidays.
New Year’s Day
January 1
Memorial Day
Last Monday in May
Juneteenth
June 19
Independence Day
July 4
Labor Day
First Monday in September
Veteran’s Day
November 11
Thanksgiving Day
Fourth Thursday in November
Day after Thanksgiving
Fourth Friday in November
Christmas Day
December 25
1 floating holiday
Per calendar year
 
   (B)   Half-day holidays. The following calendar days of the year shall be observed as one-half day holidays.
 
Christmas Eve Day
December 24
New Year’s Eve Day
December 31
 
   (C)   Weekend holidays. In the event any of the above-mentioned holidays fall on a Saturday, it will be observed on the preceding Friday, and if it falls on a Sunday, it will be observed on the following Monday.
(Ord. 648, passed 11-9-2020; Ord. 688, passed 9-11-2023)
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