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(a) In accordance with City Administrative Policy and Procedure titled "Injury Leave," employees injured in the course of and arising out of their employment under such circumstances as would cause such injury or disability to be compensable under the Worker's Compensation laws of the State of Ohio will be eligible to participate in the City's Injury Leave Program.
(b) Any employee who is injured during the course of his/her employment shall be paid a minimum of eight (8) hours pay for that day, if such injury requires the employee to leave the job for medical treatment by a professional medical care provider.
(c) An employee, who is unable to work because of a disability arising out of their employment, shall accumulate seniority during this period of sickness or disability not to exceed two (2) years duration, provided the employee has not secured other full-time employment during the term of this disability. This period may be extended by mutual agreement. Prior to the end of three (3) months and each quarter thereafter the City will meet with the employee to determine if the employee will be able to return to their employment.
(d) An employee shall be ineligible for the Injury Leave Program for failing to comply with the provisions provided in this section or Administrative Policy and Procedure #12 "Injury Leave."
(e) False Claim: The City reserves the right to recoup benefit payments to any employee who is guilty of submitting a false claim, or abuse of the privileges covered in this section, or working for another employer while on injury leave, and may take disciplinary action.
(Ord. 599-23. Passed 11-21-23.)
A personal leave of absence at the request of the employee may be granted upon the approval of the City in accordance with the rules established herein. An approved leave of absence shall be required when the employee will be absent on his/her own accord for more than five (5) work days. Any request for excused absence for a period of five (5) work days or less may be granted by the employee's supervisor without the necessity of preparing formal leave papers. Requests for leave of absence shall be in writing, in duplicate; shall be signed by the employee stating the reason for leave; and shall be subject to approval by the City. One (1) copy shall be retained by the employee and one (1) copy by the Department of Human Resources.
An employee on an approved leave of absence pursuant to this Section as well as Section 2101.18 herein must use all of his or her accumulated paid leave before going unpaid. Nothing in this Chapter shall be construed to require the docking of pay for partial-day absences when paid leave is not available from employees treated as exempt from the Fair Labor Standards Act overtime provisions.
(Ord. 599-23. Passed 11-21-23.)
(a) A leave of absence may be granted for up to thirty (30) calendar days in any calendar year without loss of position by the employee. When an employee returns from an approved leave of absence he/she shall return to the position in the service from which the leave was granted.
(b) A leave of absence for more than thirty (30) calendar days may be granted, but the employee granted the leave of absence for more than thirty (30) calendar days shall not be entitled to be returned to the position from which the leave was granted but shall be placed in an open position in the same class or in a class at the same salary group provided a vacancy exists, except in the case of a leave of absence for the purpose of securing a job-related educational experience, in which case the employee shall be returned to the division from which the leave was granted. In no case shall a leave of absence be granted for a period of more than one (1) year, except as otherwise provided herein.
(c) An employee who is on industrial injury leave and is participating in the City's Injury Pay Program (Section 2101.14) will be entitled to return to his/her position when determined physically able to return to work in that classification. If an employee elects to go on Worker's Compensation and not participate in the City's Injury Pay Program, the City may fill that position after thirty (30) calendar days. In such cases, this employee will be placed in the first available position, for which they are determined qualified and physically able to perform such duties, at a salary group equal to or less than their current salary group.
(d) It is the express intent that this section of the Code shall not be applied in such a manner as to cause or constitute a violation of any law or a reduction in benefits provided therein, specifically including PL103-3, known as the Family and Medical Leave Act of 1993; provided, however, that any remedy for violation of this act shall be as set forth in the act. All available sick, vacation, and compensatory time must be used before an F.M.L.A. Leave is provided.
No employee shall be granted a leave of absence for the purpose of entering employment for another employer or becoming self-employed. If a leave of absence is falsely obtained and the employee is found to be employed by another employer or to be self-employed while on leave, the employee shall be given the opportunity to resign from service with the City. If the employee fails or refuses to resign, then he/she may be discharged.
An employee on an approved leave of absence shall continue to accumulate seniority during the period of his/her absence. An employee on an approved leave of absence of thirty (30) calendar days in any calendar year or less shall have his/her hospitalization and surgical insurance and death benefit continued in force by the City. An employee on an approved leave of absence for more than thirty (30) calendar days in any calendar year shall not receive fringe benefits during the period of such leave, however, the employee may arrange to prepay through the Division of Accounts the premiums necessary to continue the employee's hospitalization and surgical insurance in force during the period of time the employee is on leave.
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