139.12 SICK LEAVE.

   (a)   Sick leave is a privilege given by the Village to the employees. It may be used subject to the provisions of this section.

   (b)   Rate of Accrual-Regular Full-Time. A regular full-time employee shall accrue sick leave at the rate of four and six-tenths (4.6) hours per biweekly (80 hours) pay period.

(Ord. 28-2003. Passed 3-17-03.)

   (c)   Rate of Accrual-Regular Part-Time. (EDITOR’S NOTE: Former subsection (c) hereof was repealed by Ordinance 7-2010.)

   (d)   An employee who enters the service of the Village within the biweekly pay period shall receive a pro rata share of the biweekly accrual based on the number of hours paid for that biweekly pay period.

   (e)   Sick leave shall not accrue for overtime or straight time in excess of forty hours per week.

   (f)   Absence for Less Than a Day. Absences for a fraction or part of a day because of sickness or non-work related injury shall be charged in an amount not less than one-quarter of an hour.

   (g)   Eligibility for sick leave shall commence upon employment at the rate specified in subsections (b) and (c).

   (h)   Unearned sick leave shall not be granted; however, under exceptional hardship an exception may be made by the Mayor with confirmation of Council.

   (i)   Abuse of Sick Leave. An employee who abuses the privilege of sick leave may be suspended or dismissed.

   (j)   Accrued but unused sick leave shall accumulate indefinitely.

   (k)   Qualification for Use. An employee eligible for sick leave with pay may be granted such leave with the approval of the employee’s supervisor or the Mayor for the following reasons:

(1)   Personal illness or physical incapacity resulting from causes beyond the employee’s control;

(2)   The illness or disability of a member of the employee’s family that requires the care or attention of the employee;

(3)   Medical or dental appointments or essential preventive medicine procedures;

(4)   Quarantine of the employee;

(5)   Sick leave by reason of death in the employee’s family may be granted as follows:

Maximum of 10 days (80 hours).

Wife, husband, significant partner, child, legally adopted children or stepchild.

   Maximum of 5 days (40 hours) for the following:

Mother, father, or anyone in place of a parent, a dependent who lives in the same household, mother-in-law, father-in-law, daughter-in-law, son-in-law, brother, brother-in-law, sister, sister-in-law, grandparent, great-grandparent, grandchild, great-grandchild, grandparent and great-grandparent of spouse. The preceding categories of relative in this subsection include step-relatives, and half relatives.

Maximum of 2 days (16 hours) for the following:

All other relatives.

All absences shall be chargeable to the employee’s earned sick leave.

NOTE: Extenuating circumstances will be considered by the Mayor with confirmation of Council.

(6)   Pregnancy. Female employees may be granted sick leave for pregnancy, childbirth or related medical conditions. Following consultation with the employee’s licensed physician, sick leave may be granted when she is no longer able to perform the function of her job.

The employee shall furnish written certification to the Mayor from her physician concerning the date when she is to cease work because of disability due to pregnancy and sick leave will commence at this point.

A.   The date of birth of a child is to be reported to the Mayor and the Clerk-Treasurer within two weeks following the birth.

B.   A maximum of five days sick leave will be allowed for the care of an employee’s wife and family during the postnatal period.

C.   At such time when an employee is no longer disabled due to pregnancy related causes as certified by her physician the employee shall return to work. If the pregnancy related disability continues for more than six weeks after childbirth, the employee must obtain a written certification from her physician so stating and thereafter every four-week period until the pregnancy related disability has ceased.

D.   If it is necessary to fill an employee’s position during a pregnancy related disability, the position will be filled only by a temporary employee for a maximum leave of twelve (12) weeks following the birth of the child. If the employee indicates in writing they will not be returning to work, the position can be filled immediately.

E.   An employee may desire to cease work earlier than the date at which pregnancy disability is certified by her physician. The period of time between the date requested by the employee to cease work and the date prescribed by her physician, if approved by the Mayor and confirmed by Council, is to be considered as an unpaid leave of absence for personal reasons.

F.   After childbirth and termination of the pregnancy related disability, the employee may request a leave of absence for personal reasons (childcare). If approved by the Mayor and confirmed by Council, it is to be considered an unpaid leave of absence for personal reasons.

   (l)   Notice Required.

(1)   An employee not reporting for work due to any of the reasons stated above, shall notify, or cause to notify the supervisor prior to the time to report to work.

(2)   As soon as possible thereafter, the employee shall submit to the supervisor a request for the use of sick leave on forms provided by the Village.

(3)   If such notification is not made, the absence, at the discretion of the supervisor or Mayor, may be changed to leave without pay.

(m)   Doctor’s Certificate Required.

(1)   The Mayor or supervisor may require a certificate from a licensed physician to justify any use of sick leave.

(2)   A certificate from a licensed physician is mandatory after five (5) consecutive working days of absence.

(3)   If the illness is, in the opinion of the Mayor, of an abnormal duration, the Village may require, as a condition for an excused absence, a physician’s statement that the duration of the absence was medically necessary.

(4)   If in the opinion of the Mayor, the employee’s condition presents a risk of harm to the employee or others when the employee returns to work, the Mayor may require, as a condition of continued employment, a physician’s statement that the employee is able to return to work.

(5)   In addition, whenever an employee is absent because of illness or injury the Mayor shall have the right to periodically request and receive substantiating statements from the employee’s licensed physician verifying that the employee is unable to work because of illness or injury.

(6)   The Mayor may also periodically require examination by a physician of the Mayor’s choice to verify an employee’s illness or injury.

   (n)   Re-employment.

      (1)   An employee who leaves the employment of the Village for a reason other than being discharged may receive credit for the unused sick leave accumulated during prior Village service provided a cash payment under subsection (q), below, was not made, and after completion of three calendar months of new employment, provided that re-employment takes place within five years of the termination date.

      (2)   An employee who has been laid off, suspended, is on a leave of absence, or is on non-paid status of any kind with the Village, shall not accumulate or receive sick leave credit for such period of time.

         (Ord. 28-2003. Passed 3-17-03.)

   (o)    Previous Governmental Service. The previously accumulated sick leave of an employee who has been separated from the public service shall be placed to the employee's credit upon the employee's re-employment in the public service, provided that such re-employment takes place within ten years of the date from which the employee was last terminated from public service.
(Ord. 7-2010. Passed 2-16-10.)

   (p)   On-the-Job Injuries. All injuries, no matter how slight, must be reported to the employee’s supervisor who shall be responsible for assisting the employee in completing the injury report form and forwarding it to the Clerk-Treasurer and the Mayor.

(Ord. 28-2003. Passed 3-17-03.)

   (q)    Cash Payment for Sick Leave Credit Upon Retirement from the Village.

      (1)   An employee with ten or more years of full-time service with the Village, shall, upon retirement, be paid the value of his/her accrued but unused sick leave credit in cash, provided that such payment shall not exceed 750 hours. The first 1,000 hours of shall be paid at a rate of fifty percent (50%) of the accrued but unused sick leave balance. The second 1,000 hours of sick leave shall be paid at a rate of twenty-five percent (25%) of the accrued but unused sick leave balance. Such payments shall be based on the employee’s rate of pay at the time of retirement. Retirement in this instance shall be defined as applying for and being authorized for retirement by the Ohio Public Employees Retirement System (OPERS) or Ohio Police and Fire Pension Fund (OP&F). (Ord. 80-2023. Passed 12-4-23.)

      (2)    An employee hired after 1-1-2010, with 10 or more years of service with the Village, State or any political subdivision, or any combination thereof shall, upon retirement be paid in cash for one fourth of 960 hours of accrued but unused sick time for a maximum of 240 hours. Such payments shall be based on the employee's rate of pay at the time of retirement. Payment for sick leave on this basis shall eliminate all sick leave credit by the employee at that time.

      (3)   Cash Conversion Payout for Accrued Sick Time. After an employee has reached an accrual of 360 hours of sick time, an employee may convert annually, within thirty days after the employee's anniversary date, up to 120 hours (over 360 hours) of sick time for cash at the rate of one-tenth of the hours converted times the employee's current rate of pay. Converted hours cannot be utilized for sick time or cash payment purposes at any time in the future and cannot be repurchased.

   (r)   Cash Payment for Sick Leave Credit Upon Death of Employee. If an employee dies while on active service with the Village his/her estate shall be paid the value of his/her accrued but unused sick leave as if he/she had retired on his/her date of death with ten or more years of service with the Village .Such payment shall be based on the employee's rate of pay at the time of death. (Ord. 21-2010. Passed 3-15-10.)

   (s)   Incentive Personal Day. (EDITOR’S NOTE: Former subsection (s) hereof was repealed by Ordinance 7-2010.)

   (t)   Injury Leave Supplemental Compensation. The following options are available to regular full time employees with respect to compensation for time off due to disabling injuries:

(1)   Sick leave for less than five days lost time. If hospital and medical expenses are incurred for work-related injuries, a claim for reimbursement of such expenses may be filed with the State Industrial Commission. The Village will compensate its employees at 100% their regular wages for full working days missed because of work-related injuries, but only for a period of five working days from the date of injury, with no deduction from the employee's sick leave accumulation, except that no case, work-related or not, will time taken off because of medical appointments (to include therapy) be compensated unless taken as sick time. A certificate from the Village's Managed Care Organization's (MCO) health provider to document said leave is required. (Ord. 21-2010. Passed 3-15-10.)

(2)   A claim filed with the Industrial Commission for compensation, hospital and medical benefits. This option is normally selected if the injured worker is expected to have lost time due to injury in excess of five working days. If this option is selected and the employee subsequently receives payment for the lost time, he/she may receive the difference between his/her rate of compensation (based on a 40-hour work week) as of the date of injury and the amount paid to him/her by the Industrial Commission, in full for the first six calendar months of absence from work. Sick leave shall not be deducted from an employee’s accumulated sick leave balance except in accordance with subsection (t)(3) below.

(3)   Maintenance of injured workers’ compensation. Since Industrial Commission hearings are often protracted, the employee may request to use accumulated sick leave pending determination, at the same time assigning to the Village any compensation benefits subsequently granted. Sick leave used shall be restored, less any overpayment resulting from reduced benefits from the Village after the first month of disablement, upon presentation of the documents containing the decision of the Industrial Commission and receipt by the Village of the assigned compensation benefits.

(4)   Any compensation received by the employee under the Worker’s Compensation Act, State Industrial Commission or other insurance, the premiums for which are paid by the Village, shall be either reimbursed to the Village or deducted from the pay of the employee. Total compensation to the employee from all sources mentioned in this section cannot exceed the employee’s base pay for a forty-hour week.

(5)   A claim for an on-the-job injury may be filed with the Industrial Commission any time within two years after the injury occurs.

(6)   When an employee is injured while on duty, the employee may be eligible to return to work on light duty, if available, with the prior approval of a physician attesting to the fact that the employee is capable of satisfactorily performing the specific functions with or without accommodations. The employee on light duty shall be compensated at his or her regular rate of pay while performing light duty work. The light duty may be in a department other than the employee’s regular department and may involve work that is not within the employee’s regular job description.

(7)   The Village shall have the right to ask any employee injured in the line of duty to perform light duty work if the physician approves the employee can return to such light duty. If the employee refuses to perform light duty work, the Village has the right to deny sick leave or injury leave to the employee.

(8)   The employee is not permitted to work for any other employer during the hours that they are being paid Injury Leave by the Village of Silver Lake. Working for another employer during hours that the employee is being paid Injury Leave by the Village shall result in forfeiture of all Injury Leave pay for that injury or illness.

(9)   Injury Leave will not be included in “hours worked” when calculating overtime during a workweek.

(10)   Lost time in excess of six months. Should an employee be absent because of an injury in excess of six months, he/she may use his/her accumulated sick leave and/or vacation time, unless application has been made for total or partial disability retirement. In such cases, the employee shall be paid for unused sick leave and vacation time under the provisions of this section and Section 139.02, Vacations.

   (u)   Injury Leave for All Other Employees.

(1)   All other employees’ injury leave compensation will be governed by the Ohio Bureau of Workers Compensation Program.

   (v)   Leaves of Absence for Personal Reasons Other Than Medical.

(1)   Leaves of absence may be granted by the Mayor, not to exceed ten working days.

(2)   A request for a leave of absence in excess of ten working days must be approved by the Mayor and confirmed by Council giving start and termination dates, reason for leave of absence, and justification thereof.

(3)   The total time accumulation for all granted leaves of absence for personal reasons for any employee shall not exceed six months during employment with the Village.

(4)   All leaves of absence for personal reasons are without pay, vacation, sick leave and service time accumulation. The Village will continue medical, accidental death and dismemberment and life insurance coverage for a period not to exceed thirty days. If an employee desires to continue medical, accidental death and life insurance coverage during a leave of absence beyond thirty days, financial arrangements must be made with the Clerk-Treasurer prior to commencement of the leave of absence to pay the premiums for such coverage. An employee who returns to full-time employment after having been on leave of absence shall receive prior service credit and medical, accidental death and life insurance coverage immediately.

(5)   If it is necessary to fill an employee’s position during a leave of absence for personal reasons, the position will be filled only by a temporary employee.

   (w)   The provisions as stated in this section shall incorporate new employees as well as existing employees and shall become effective January 6, 2003.

(Ord. 28-2003. Passed 3-17-03.)

   (x)   If a full-time employee uses forty (40) hours or less of sick leave in the prior calendar year, (January 1 through December 31), has and maintains a minimum balance of 360 hours available in their personal sick leave balance; the employee is permitted to convert up to forty (40) hours of sick time into either compensation or conversion into vacation time. The employee must notify the Clerk-Treasurer in writing before the first pay in January for this conversion to occur. (Ord. 81-2023. Passed 12-4-23.)