(a) Each full-time employee shall be entitled for each completed eighty (80) hours of service to sick leave of four (4.0) hours with pay.
(Ord. 2888. Passed 10-23-23.)
(b) (EDITOR’S NOTE: Former subsection (b) hereof was deleted by Ordinance 2380.)
(c) Accumulation.
(1) A full-time employee (except an elected official) shall accumulate sick leave without limit at the rate of four (4.0) hours each eighty (80) hours worked.
(2) A part-time employee shall not accumulate sick leave.
(Ord. 2888. Passed 10-23-23.)
(d) Usage.
(1) Sock leave shall be charged at a minimum of one-half (½) hour, exact time for anything over an hour, and eight hours for one workday.
(2) An employee shall be charged for sick leave only for days upon which he or she would otherwise have been scheduled to work.
(3) Sick leave may be granted for the following reasons:
A. Illness, pregnancy and/or childbirth, injury of the employee or a member of the employee’s immediate family which requires the employee’s presence;
B. Death of a member of the employee’s immediate family (see Section 159.22 for provisions regarding funeral leave);
C. Medical, dental or optical examination or treatment of an employee or a member of the employee’s immediate family, which requires the employee’s presence and which cannot be scheduled during nonworking hours; or
D. Contagious disease of an immediate family member which requires the care and attendance of the employee, or if, through exposure to the contagious disease, the presence of the employee at work would jeopardize the health of others.
Immediate family member is defined as spouse, child or parent.
“Child” is defined as a son or daughter who is a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is either under age eighteen (18), or age eighteen (18) or older and “incapable of selfcare because of a mental or physical disability”.
“Parent” means a biological parent or an individual who stands or stood in loco parentis to a bargaining unit member when the bargaining unit member was a son or daughter as defined in law. The term “parent” does not include parents-in-law.
“Spouse” means a husband or wife as defined or recognized under state law for purposes of marriage in the state where the bargaining unit member resides.
(4) Sick leave benefits shall become available for use by employees after six (6) months of service.
(e) Employer’s Rights.
(1) The Village may require the employee to furnish a standard written statement on a form provided by the Village to justify the use of sick leave.
(2) The Village may require the employee to present a certificate stating the nature of the illness from a licensed physician, dentist or chiropractor, for any illness of more than three days duration.
(3) In addition to the other provisions of this subsection, when an employee misses work because of an injury or disability, whether job related or not, the employee may be required to provide the employer with a physician’s statement that the employee is not physically fit to perform the duties of the employee’s job.
(4) When sick leave is requested to care for a member of the employee’s immediate family, the employer may require a physician’s statement to the effect that the presence of the employee is necessary to care for the ill person.
(f) Payment.
(1) Payment of sick leave shall be at the employee’s base rate.
(2) Unused sick leave payments shall be made for the following reasons:
A. Upon the death of an employee, the Estate may request and receive pay for one-fourth the value of accumulated but unused sick leave not to exceed thirty (30) full day’s pay (240 hours). Request must be made within six months of the death.
B. For an employee who retires after ten (10) years of service with the Village, may, upon request, receive pay for one-half (½) of the value of accumulated but unused sick leave not to exceed sixty (60) full day’s pay (480 hours).
(3) Payments made to an employee shall be made within one year after the employee’s last day of regular employment. Such payments shall be made in one or more installments and shall not be less frequent than quarterly. Payments for accumulated sick time shall not bear interest.
(4) An employee who transfers in from another public agency within the State shall not be credited with the unused balance of the employee’s accumulated sick leave.
(5) An employee who transfers employment to another public agency or is reemployed by another public agency within thirty (30) days after termination with the Village shall transfer the unused balance of the employee’s accumulated sick leave credits to the public agency to which the employee transfers.
(g) Sick Leave Sell-Back.
(1) Any full-time employee, not on probation, who has accumulated and not used earned sick leave shall be eligible to sell back to the Village at a rate of pay equal to fifty percent (50%) of said unused sick leave not to exceed thirty (30) days payment (240 hours). Any employee, who is not on probation, who is eligible to sell back sick leave under this section shall notify the Village Clerk-Treasurer, by December 1 of each calendar year as to how much accumulated and unused sick leave, if any, the employee desires to sell back. The compensation for any such sick leave sold back to the Village shall be paid to the employee by January 30 of the following year.
(2) Any employee who subscribes to the sick leave sell-back plan as provided in subsection (g)(1) of this section shall have their accumulated days of unused sick leave for which they would be entitled to be paid under subsection (f) of this section reduced for each day of sick leave they sell back to the Village under subsection (g)(1) of this section.
(h) Sick Leave Donation Policy.
(1) Purpose: The intent of the sick leave donation policy is to allow employees to voluntarily provide assistance to their co-workers who are in critical need of leave due to an extended illness or injury of the employees or a member of the employee’s immediate family.
(2) Definitions: For the purpose of this policy the following shall apply:
A. Donee: The employee in need of and approved to receive donated sick leave.
B. Donor: The employee volunteering to donate sick leave.
C. Immediate family: Father, mother, spouse, child, stepchild, grandchild, a legal guardian or any other person who stands in place of a parent (loco parentis).
D. Serious health conditions: An illness, injury, impairment, or physical/mental condition that involves a period of incapacity or treatment that requires absence from employment and involves care by a health care provider. Serious health condition also includes continuing treatment of chronic or long-term incurable conditions and prenatal care.
E. Spouse: A legally recognized husband or wife.
F. Policy: Employees may donate accrued sick leave to a fellow employee who is otherwise eligible to accrue and use sick leave. The intent of the leave donation policy is to allow employees to voluntarily provide assistance to their co-workers who are in critical need of leave due to an extended serious health condition of the employee or a member of the employee's immediate family. This policy is established pursuant to Ohio R.C. 124.391.
(3) Hours donated: Any units donated shall be donated at a rate of pay equal to that of the donor for each day of sick leave to be donated.
(4) Receiving leave: An employee may receive donated units up to the number of units the employee is normally scheduled to work each pay period. To receive donated units the member or a member of the employee's immediate family has a serious health condition and the employee:
A. Has no accrued paid leave; and
B. Has completed his or her new hire probationary period; and
C. Has exhausted any paid leave, Workers' Compensation, or benefits program for which the employee is eligible; and
D. Has applied for Family and Medical Leave; and
E. Has not been disciplined for the improper use of sick leave during the past three (3) year period; and
F. Has provided acceptable written verification that a serious health condition exists; and
G. Agrees to accept the leave under the terms of this policy and completes an "Application to Receive Donated Leave" form.
(5) Donating leave: Employees may donate leave if the donating employee:
A. Voluntarily elects to donate sick leave and does so with the understanding that donated leave will not be returned; and
B. Retains a sick leave balance of at least one-hundred forty-four (144) hours; and
C. Completes an "Application to Donate Leave" form.
(6) Administration: The sick leave donation program shall be administered on a pay period to pay period basis. The Employer shall review the Application to Receive Donated Sick Leave and the Application to Donate Sick Leave to assure compliance with subsections (h)(4) and (5) of this policy. Donations of sick leave will be recorded in the order of their submission, and will not be considered actually donated nor be deducted from the donor's balance or credited to the donee's balance until the pay period such leave is actually used. Unused donation applications shall be returned to the donor. Employees using donated leave shall be considered in active pay status and shall accrue leave and be entitled to any benefits to which they would otherwise be entitled. Vacation and sick leave accrued by an employee while using donated sick leave shall be used, if necessary, in the following pay period before additional donated sick leave may be received. The Employer shall maintain records that are necessary for the administration of this program. The Employer reserves the right discontinue the program at any time.
(7) Certification. Employees who wish to donate sick leave units shall certify:
A. The name of the employee for whom the donated leave is intended; and
B. The number of days to be donated; and
C. That the employee will have a minimum sick leave balance after donation of at least one-hundred forty-four (144) hours; and
D. That the sick leave is donated voluntarily, and the employee understands that it will not be returned.
(8) Confidentiality: The Employer shall ensure that no employees are forced to donate leave. The Employer shall respect an employee's right to privacy; however, the Employer may, with the permission of the employee who is in need of leave or a member of the employee's immediate family, inform employees of their co-worker's critical need for leave donations from the employees. The donation of sick leave shall occur on a strictly confidential and voluntary basis.
(9) Applications: An employee wishing to donate or receive donated sick leave should request the appropriate application from his immediate supervisor.
1 Leave taken under this program will be included in and subject to the twelve (12) week entitlement under the Family and Medical Leave Act.
(Ord. 2830. Passed 3-28-22.)