(A) Eligibility. Employees shall be eligible for sick leave on the following basis:
(1) Permanent full-time salaried employees, permanent full-time hourly employees and permanent part-time employees who are regularly scheduled to work at least 30 hours per week throughout the year, shall be eligible for sick leave at their regular rate of pay, with the latter on a pro rata basis. Only work time while the employee is so classified shall count toward sick leave eligibility and benefits; and
(2) Employees regularly scheduled to work less than 30 hours per week and temporary or seasonal employees, shall not be eligible for sick leave benefits.
(B) Conditions. Sick leave may be granted under the following conditions:
(1) Sick leave with pay will be granted for bona fide personal illness or injury, medical examinations, medical treatment, legal quarantine, dental appointments or for other sickness prevention measures or in case of a work-related injury;
(2) When the worker is eligible for worker's compensation, the worker may choose to be paid his or her regular wage with the excess of the regular wage over the worker's compensation payment being the amount charged in time against the employee's sick leave account. When the sick leave account is exhausted, the employee will receive worker's compensation only;
(3) Sick leave may be used in case of death or serious illness in the immediate family, and shall be for the actual time required, not to exceed a reasonable time at the discretion of the Council or department head. The time will be charged against the employee's sick leave account. Immediate family shall mean the employee's brothers, sisters, parents, children, spouse, spouse's parents, spouse's brothers or sisters, sons-in-law or daughters-in-law, grandparents or grandchildren;
(4) Employee sick leave may be used for the birth or adoption of a child;
(5) No sick leave shall be granted to an employee during the first 6 months of employment, but leave shall accrue from the start of employment and may be used after the completion of the 6-month probationary period; and
(6) It is the intention of this policy to be fully compliant with the Family and Medical Leave Act (FMLA), and in no case will this policy precede the FMLA.
(C) Accrual. One workday of sick leave shall be granted for each calendar month of employment or major fraction thereof. Addition to or deductions from each employee's sick leave account shall be made monthly. Unused sick leave shall accrue until 120 days have accumulated.
(D) Considered working. Employees using earned sick leave shall be considered to be working for the purpose of accumulating additional vacation leave or sick leave except that the total consecutive sick leave used may not exceed the maximum accumulation allowed. Only days that an employee would normally have worked will be charged against his or her sick leave account.
(E) Proof required. An employee claiming sick leave may be required to file competent written evidence that the absence was authorized. If the employee has been incapacitated, the employee may be required to provide evidence of physical ability to perform work duties.
(F) Privilege. Sick leave is a privilege designed for the purposes stated herein. Each employee and department head shall be held accountable for the reasonable, prudent and bona fide use of sick leave privileges.
(G) Personal time. Employees may use up to 16 hours annually of sick time as personal time.
(H) Penalty. Claiming sick leave when physically fit, except as provided in this section, may be cause for disciplinary action, including cancellation of sick leave benefits, suspension, demotion or termination. The employee must notify the department head of the need for leave at the earliest possible moment and preferably before the start of the scheduled working hours. Failure to make diligent effort to give notification may result in payroll deduction for the time taken.
(I) Employment ends. Upon leaving employment with the city, employees are paid accumulated sick time computed in the following manner:
(1) With at least 5 years of employment: accumulated time multiplied by $1.50, not to exceed $1,000; and
(2) With at least 10 years of employment: accumulated time multiplied by $3, not to exceed $1,000.
(Ord. 491, passed 4-22-2003)