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(a) Effective January 1, 2001, unused sick leave shall be cumulative up to 1,200 hours, unless more than 1,200 hours are approved by the responsible administrative officer of the employing unit. In the case of personnel who work a fifty-two hour week, unused sick leave shall be cumulative up to 2,000 hours, unless more than 2,000 hours are approved by the responsible administrative officer of the employing unit.
(b) The previously accumulated but unused sick leave of an employee who did not elect to receive cash payment for such sick leave upon separation from or upon termination of employment with the City as provided in Section 137.07 hereof, as amended, may be placed to his or her credit on re-employment with the City, provided that such re-employment takes place within ten years of the date on which the employee was last terminated from public service.
(c) An employee of a public agency who has transferred from such agency to employment with the City shall be credited with the unused balance of accumulated sick leave earned while in the employ of such public agency up to the maximum of sick leave accumulation permitted under the ordinances of the City, provided that at the time of such transfer of employment to the City, such employee did not elect to receive payment in cash of one-fourth the value of the accumulated but unused sick leave while in the employ of such agency as permitted under Ohio R.C. 124.39(B) and under these Codified Ordinances.
(Ord. 3-01. Passed 1-22-01.)
(a) An employee requesting sick leave shall furnish a satisfactory written signed statement to justify use of sick leave.
(b) Requests for use of sick leave for absences from regularly assigned duties for a period of three or more consecutive work days shall be accompanied by medical certification subject to verification.
(Ord. 26-89. Passed 9-11-89.)
(c) Requests for use of sick leave for absences from regularly assigned duties for a period of less than three consecutive work days may be approved without medical certification, upon the employee's written statement as provided in subsection (a) hereof; provided however, that such use of sick leave without medical certification shall not exceed six workdays in a calendar year.
(Ord. 2-99. Passed 1-11-99.)
(d) In the case of death in the immediate family, up to three consecutive workdays will be approved under this section on the employee's written statement in (a) above. Requests for sick leave beyond the three days must be accompanied by a statement, subject to verification, demonstrating the need for the employee's continued absence. For employees who normally work a twenty-four hour work day, this section will be read as two workdays instead of three workdays. Such authorized paid time off shall not be deducted from the employee's accumulated sick leave.
(Ord. 54-96. Passed 10-14-96.)
(e) For those employees who work an eight hour day requests for use of sick leave for the day preceding and/or the day following a legal and/or scheduled holiday or where the employee is scheduled to work between two scheduled days off, shall be accompanied by medical certification subject to verification.
(f) In the case of absence due to illness or injury in the immediate family the medical certification as required in this section shall pertain to the family member's condition and demonstrate the necessity of the employee's continuous absence to attend to that family member's illness or injury.
(g) Falsification of requests for use of sick leave or medical or other documentation shall be grounds for disciplinary action including dismissal.
(h) When an employee's sick leave exceeds two weeks, he or she shall advise his or her immediate supervisor of his or her recovery progress every two weeks thereafter.
(i) As used herein "workday" is defined as follows:
(1) For employees working a forty-hour work week, each consecutive eight working hours shall constitute one workday.
(2) For employees working a fifty-two hour work week each consecutive twenty-four working hours shall constitute one workday.
(Ord. 26-89. Passed 9-11-89.)
New employees will not be considered eligible for sick leave benefits until satisfactorily completing a two-month probationary period.
An employee may elect, in writing, at the time of retirement from active service with the City or upon termination of employment, and with ten or more years of service at the time of such retirement or termination of employment with the City, to be paid in cash, one-third the value of his or her accrued but unused sick leave credit. The payment shall be based upon the employee's rate of pay at the time of retirement or termination of employment and eliminates all sick leave credits accrued but unused at the time payment is made.
An employee may receive one or more payments under this section, but the aggregate value of accrued but unused sick leave credit that is paid shall not exceed, for all payments, the value as hereinafter set forth:
(a) For employees who work on a forty-hour work week, 320 hours;
(Ord. 26-89. Passed 9-11-89.)
(b) (EDITOR'S NOTE: Subsection (b) was repealed as part of the 1999 updating and revision of these Codified Ordinances.)
(c) (EDITOR'S NOTE: Subsection (c) was repealed as part of the 1999 updating and revision of these Codified Ordinances.)
(d) (EDITOR'S NOTE: Subsection (d) was repealed as part of the 1999 updating and revision of these Codified Ordinances.)
(e) For employees who work on a fifty-two hour work week, 416 hours.
In case of death of the employee, the surviving spouse, upon written request, may be paid in cash one-third the aggregate value of the employee's accrued but unused sick leave credits as herein provided without requiring Letters Testamentary or Letters of Administration. If Letters Testamentary or Letters of Administration are thereafter issued upon the estate of the deceased employee, the surviving spouse shall account to and be liable for the amount received to the executor or administrator of the estate.
(Ord. 26-89. Passed 9-11-89; Ord. 16-24. Passed 3-25-24.)
(a) On January 1, or as soon after that date as practical, each employee, except those employees who work a fifty-two hour work week, shall be paid at the regular straight time hourly rate of one day of base pay for each three days of sick leave accumulated over the allowable maximum of 1200 hours accrued as of December 31 of the previous year.
(b) Fire-fighters earn sick leave to a maximum of 156 hours per year for unused sick leave within such year to a maximum of 2000 hours, and the incentive bonus provided for herein shall not apply until the maximum accumulation for such fire-fighter is 1248 hours. Annual buy back shall not exceed 60 hours.
(c) The regular straight time hourly rate of pay shall be paid, with the employee's pay occurring immediately before December 25, or upon termination, if the same takes place during the year but prior to December 25.
(Ord. 51-98. Passed 7-13-98; Ord. 56-02. Passed 9-9-02.)
(a) Declaration of Policy; Purpose and Background. In balancing the interests of the City, its residents, its employees and the health, safety and general welfare of the public, Council finds that fair and equitable testing for drugs in the workplace, in accordance with the terms of this section, the laws of the State, the Constitution of the State, and the Constitution of the United States, is in the best interests of all parties. A healthy and productive work force and safe working conditions, free from the effects of drugs, are of importance to the City, its residents, its employees and the general public. All have an interest in a safe and productive work environment, in preserving the quality of the services rendered, and in maintaining a favorable reputation of the City. The abuse of drugs created a host of workplace problems, including increased injuries on the job, increased absenteeism, increased financial drain on City programs and funds, increased workplace theft, decreased employee morale, and possible endangerment of citizens. The public has an interest in safety in the workplace and in the quality of services rendered in the City. The public also has an interest in controlling and reducing the crime rate, both in and out of the workplace. Further, the public has an interest in the continued ability of the City to provide services to its residents. The misuse of drugs poses a threat to these important goals. The challenge, therefore, is to establish fair and legal criteria for detecting, identifying, verifying and responding to drug abuse within the City work force.
(b) Prohibited Conduct.
(1) Use of controlled substances. The City shall not hire for employment individuals who demonstrate that they are illegally using, or have recently, within the time of their application for employment, illegally used, controlled substances, as defined by the criminal laws of the State and the City, to the extent that such use would impair employee job performance or tend to bring the City, or an agency of the City, into disrepute, or would constitute conduct unbecoming to the employee's position. In no event shall a prospective employee continue to use controlled substances, either on duty or off duty, during his or her term of employment with the City.
(2) Sale or distribution of controlled substances. Employees of the City are prohibited from engaging in conduct, either on or off duty, amounting to the illegal distribution of controlled substances as defined by the criminal laws of the State and the City.
(3) Testing authorization. Council hereby authorizes the testing of individuals seeking employment with the City in an effort to verify compliance with the terms of this section. Council further empowers the Assistant Finance Director to designate appropriate test facilities, techniques and procedures in order to implement the terms of this section in conformity with the laws of the State, the Constitution of the State and the Constitution of the United States.
The Assistant Finance Director shall establish reasonable safeguards for preserving the confidentiality of the test results, subject to the requirements of Ohio R.C. 149.43 and Chapter 1347, if applicable, and any such test results shall be the sole property of the City. The City is entitled to use test results as a basis for action as defined in paragraph (b)(5) hereof.
In order to effectively test for the presence of drugs, the City may require biological specimens (samples) from prospective identification to the person collecting the same. Selection of the type of sample is at the sole discretion of the Assistant Finance Director.
(4) Pre-employment testing. All candidates for employment with the City or any of its departments, on and after the effective date of this section, are hereby required to undergo the testing authorized in paragraph (b)(3) hereof. All pool personnel may be appointed immediately, but shall have been tested by no later than June 30 of each year.
(5) Sanctions.
A. Failure to successfully complete the testing authorized herein shall automatically disqualify a candidate for appointment to the position for which such testing was performed. A positive test for drugs, however, may not operate in and of itself as a bar to consideration for employment, but may be considered in evaluating a candidate for employment.
B. Upon receipt of a positive drug test for any candidate for employment, the hiring authority shall review the test results, including the type of drug used, in light of the job functions of the candidate. After review, if the hiring authority determines that the candidate's former drug use will affect job performance detrimentally, such that the candidate's drug use will negatively affect the public health, safety and general welfare of the residents of the City, the candidate shall be denied consideration for employment with the City.
C. A candidate for employment may, at his or her own expense, have a sample tested by more sensitive means (gaschronotography) so as to eliminate false positive results.
D. If the hiring authority determines that the candidate's former drug use will not affect job performance as indicated above, then the candidate may be further considered for employment. If a candidate who has tested positive for controlled substances is hired for employment with the City, the candidate shall be required to attend a drug abuse counseling/rehabilitation program approved by the hiring authority, at the employee's or candidate's expense, until such time as the candidate or employee demonstrates that he or she is no longer subject to the use or influence of controlled substances. Failure to attend or comply with the requirements of the treatment/counseling program shall constitute a failure to obey a lawful and reasonable direction given by a superior, and will subject an employee to disciplinary action.
(Ord. 38-94. Passed 10-24-94; Ord. 37-95. Passed 6-5-95; Ord. 12-05. Passed 2-28-05.)
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