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Regular employees of the City hired on or before June 30, 1993 shall be credited with sick days in accordance with the following formula July 1, 1993: One and one-quarter (1 1/4) days shall be credited for each month of service, not to exceed fifteen (15) days per calendar year. Such days shall continue to accumulate at such rate without any maximum limitation. An employee granted a leave of absence for thirty (30) calendar days or more shall not accumulate sick pay during the period the employee is on such leave.
Those employees hired on or before June 30, 1993 shall have the option of maintaining their current sick leave accrual and severance pay plan as set forth in Part A or in the sick leave conversion plan as set forth in part B below. This election shall occur during the first six (6) months of this agreement.
Employees hired on or after July 1, 1993, shall be covered exclusively by the sick leave plan in Part B.
(A) Employees who elect to maintain their current sick leave accrual and severance pay plan shall be credited with sick days in accordance with the following formula 7/1/93: one and one-quarter (1 1/4) days shall be credited for each month of service, not to exceed fifteen (15) days per calendar year. Such days shall continue to accumulate at such rate without any maximum limitation. Provided the conditions of Section 2115.119, “Termination and Severance Pay”, have been met, unused sick leave accumulated to the time of termination shall be paid at the rate of one-half (½) for all such accumulated sick time up to two hundred (200) days and full pay for accumulated sick time in excess of two hundred (200) days.
An employee who dies as the direct result of injuries sustained in the course of employment with the City shall receive payment for the full accumulation of sick pay at the time of death.
(B) (1) Employees hired on or before June 30, 1993, who elect the sick leave conversion plan set forth herein will bank accumulated sick leave through June 30, 1993. This banked sick leave accumulation will be used as the need for sick pay arises or may be converted to cash under the terms set forth in Part (B)(3). Provided the conditions of Section 2115.119, “Termination and Severance Pay”, have been met, unused sick leave from that banked effective June 30, 1993, will be paid as follows at the employee's regular rate as of June 30, 1993: one-half for all banked sick time up to two hundred (200) days and full pay for accumulated sick time in excess of two hundred (200) days.
(2) On and after June 30, 1993, employees covered by this plan shall be credited with sick days in accordance with the following formula: eight (8) hours per month, not to exceed ninety-six (96) hours per calendar year, until four hundred and twenty (420) hours have been accumulated, then ten (10) hours per month not to exceed one hundred and twenty (120) hours per year, thereafter; provided however, that if the employee's accumulation drops below four hundred and twenty (420) hours or fifty percent (50%) of their total potential accumulation, whichever is greater, inclusive of sick pay used and converted, then the accrual will revert to seven (7) hours per month until the applicable threshold is regained unless the employee has suffered a catastrophic illness or injury which causes the employee's accumulation to drop below this level. Such hours shall continue to accumulate at such rate without any maximum limitation.
(3) Sick leave hours not used by the end of the year can either be turned in for payment of a percentage of salary as indicated below or carried over until retirement or separation.
The maximum number of sick hours allowed for year-end payment will be forty (40). Employees using twenty (20) hours or fewer of sick leave in the preceding calendar year shall be entitled to a conversion to pay at fifty percent (50%). Employees using more than twenty (20) but forty (40) or fewer hours shall be entitled to a conversion at thirty-three percent (33%). Employees with fewer than four hundred twenty (420) hours of accrued sick time or who have used more than forty (40) hours in the preceding calendar year, shall not be eligible for this conversion privilege. The employee's accrued sick leave shall be reduced by the number of hours converted to cash.
(4) Provided the conditions of Section 2115.119, “Termination and Severance Pay”, have been met, unused sick leave accrued after June 30, 1993, will be paid as follows at the employee's regular rate at the time of termination: thirty-three percent (33%) of salary for the first three hundred and twenty (320) hours and fifty percent (50%) of salary for the next three hundred and twenty (320) hours for a maximum of six hundred and forty (640) hours.
(5) An employee who dies as the direct result of injuries sustained in the course of employment with the City shall receive payment of the full accumulation of sick pay at the time of death.
Sick pay is pay to the employee for the necessary absence from duty on a regularly scheduled work day because of illness, injury or exposure to contagious disease suffered by the employee not in the course of their employment, or illness in the employee's immediate family that necessitates the employee's absence from work or would result in serious hardship to the employee's family. Attendance to the immediate family member at the hospital while undergoing serious medical attention shall be included under this provision. Sick pay shall not be made for illness or injury incurred as a result of outside employment or as a result of any action within the control of the employee such as intentional self-inflicted wounds, use of drugs or alcoholic beverages (except for the treatment of abuse), nor for injuries sustained while committing a felony or other similar action. For the purpose of this section, immediate family shall include only the employee's father, mother, sister, brother, spouse or child. Where a special relationship exists between the employee and any other person for whom the employee would not normally be granted sick pay, said sick pay will be granted upon pre-authorization of this relationship by the Department of Human Resources. An affidavit stating the existing relationship and certifying that the person resides at the employee's household and is dependent on the employee for their well being must be approved by the Department of Human Resources prior to the utilization of any sick pay. The family illness provision shall be for a limited period of time (not to exceed seven (7) work days) to enable the employee to secure other arrangements for the care of the member of the employee's immediate family. Usage of “Sick Family” of over three (3) consecutive work days shall require a “Statement of Attending Physician”.
An employee shall be permitted to substitute a physician's statement not on a City “Statement of Attending Physician” form, provided the statement shows treatment dates, diagnosis, that the employee was unable to work for the period covered, and that the employee is able to fully return to work. If the statement is accepted, a “Statement of Attending Physician” will not be required; if not, then a statement on the City's form is to be submitted within three (3) work days afterward.
When police employees call off sick for duty, they shall do so sixty (60) minutes prior to scheduled start time of shift. When fire employees call off sick for duty, they shall do so thirty (30) minutes prior to scheduled start time of shift. Police and fire personnel shall be considered scheduled to report to duty their next scheduled day.
Sick time use for doctor, dental or medical appointments at the beginning of the shift shall be used in four (4) hour increments. Employees who use sick time in conjunction with the beginning of the shift can report to work at the end of the four (4) hours. Sick time used for doctor, dental or medical appointments that are not in conjunction with the beginning of the shift shall be used as needed. However, employees who leave work can not return. Employees shall bring in written documentation for all appointments under this section. Employees shall notify their supervisor of appointments as soon as possible.
In accordance with these provisions, it is recognized that sick pay is limited to the necessary absences from duty due to illness or non work related injury of the employee or immediate family member that necessitates the employee's absence from work. It is also recognized that employees of the City of Toledo are engaged in the performance and delivery of these services. Good attendance on the part of the City's employees is necessary.
The City does not intend to act arbitrarily, capriciously, unreasonably or in bad faith when investigating sick leave nor does the City intend to use sick leave investigation to harass an individual employee. Nor does the City intend to make home visits or calls without taking into account the individual's attendance record.
(a) The employee, while absent on sick pay, must notify the supervisor under agreed practices of either sick personal or sick family only. When claiming sick days an employee must remain at home caring for their illness or that of their sick family member, unless away receiving medical attention such as in a hospital, at a doctor's office or at a pharmacy, and be able to document the absence from home. If the sick family member does not reside in the home of the employee, the employee shall provide notice when reporting off that they will be at the sick family member's home and its location. The employee shall then remain at the sick family member's home, unless away receiving medical attention such as in a hospital, at a doctor's office or at a pharmacy, and be able to document the absence from home. An employee who is recuperating from surgery or some other major medical condition who is advised by their physician that a change of location would hasten their recovery, may do so with the approval of the Department of Human Resources. An employee who is recuper ating from surgery or other medical condition and who has not been released to return to work by a physician within ten (10) work days does not have to remain at home provided that their physician's statement indicates that remaining home is not necessary to their full and fast recovery. The employee then shall be allowed under these conditions to continue to receive sick pay benefits.
(b) This procedure will begin the first day of the month after the execution and signing of the Collective Bargaining Agreement. When an employee has used five (5) days or forty (40) hours of sick time in a calendar year that is not FMLA approved, or is not otherwise documented as specified below, then the employee shall be notified that use of more than six (6) days or forty-eight (48) hours of non-FMLA or undocumented sick time that year may be cause for discipline. When the employee's sick time usage that is neither FMLA approved nor otherwise documented exceeds six (6) days or forty-eight (48) hours, the employee may be subject to discipline pursuant to the PDP for that usage and for each additional non-FMLA approved or otherwise undocumented sick time that calendar year.
"Documented sick time" for purpose of this paragraph and paragraph ( c) shall be restricted to notes or other documentation from a medical practitioner’s office (physician, nurse practitioner, nurse, dentist, chiropractor, physical therapist) and school officials/school nurses on medical stationery.
(c) An employee who goes home sick after reporting for work shall receive written notification for the second occurrence in a calendar year that has not been documented in accordance with paragraph (b) above. The written notification shall instruct the employee that the same conduct in the future will result in the employee being required to submit appropriate documentation concerning the reasons for leaving early for the remainder of the calendar year. This provision shall not be applicable when the employee has a pre-approved doctor’s or dentist’s appointment nor shall it apply where an employee is authorized to report to work for a partial work day, either before or during that day, when the employee would otherwise take the entire day as sick leave. Authorization to report to work under this provision will be requested by direct verbal communication between the employee and the employer or its designee and confirmed as soon as practicable in writing. Failure to provide a statement of attending physician or documentation when required by this agreement may subject the employee to disciplinary action.
(d) Any absence from duty as the result of a claimed illness or injury may be investigated during the employee's normal working hours by an authorized City representative.
(e) Any employee found guilty of abusing sick pay benefits provisions set forth herein or whose reasons for absence are falsified shall be subject to appropriate disciplinary action.
In the event of the extended illness of an employee and after having exhausted all accumulated sick days, bonus days and vacation days, then a request may be made to the Department of Human Resources for extended sick pay benefits. The employee's prior work record with regard to usage of sick days and the employee's seniority will be taken into account in determining the eligibility of the employee for such extension. In the event the request is not granted, the employee shall be notified of such action. The answer to the request must be furnished in writing to both the employee and the Union. In the event a sick and accident insurance benefit mutually agreeable is secured, then this benefit shall be discontinued.
(a) Employees of the City of Toledo are engaged in the performance and delivery of vital services to our community. In order to ensure the efficient delivery of these services, good attendance on the part of the City's employees is necessary. Moreover, recurring and excessive absenteeism is disruptive to the City's operations, costly to the City and its residents, and detrimental to the morale and efforts of employees who maintain a good work record. Therefore, it is the intent of the parties: (1) to work toward programs and understandings that will reduce absenteeism; (2) to encourage and recognize good attendance on the part of employees; and (3) to cooperate in correcting excessive absenteeism on the part of employees.
(b) This provision in no way detracts from the City's right to investigate illnesses or to bring charges against any employee for abuse of sick leave or for single instances of unexcused absence.
(a) 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 pay program. The Cost Containment Committee referenced below will select the program physician(s) and medical facilities from submitted proposals.
(1) Employees sustaining a work related injury that requires medical attention at a medical treatment facility (i.e., sprains, simple fractures, etc.) will be transported to and treated by a program physician or medical facility. The program physician, along with rendering a diagnosis and prognosis, will determine if the employee is capable of returning to regular duties, whether a transitional work assignment is appropriate, and the necessary rehabilitation plan to be followed; this plan will include the duration of any transitional work assignment not to exceed ninety (90) calendar days and indicate any physical therapy the injured employee may require. The program physician(s) may require follow-up medical evaluations.
(2) Employees sustaining a work related emergency/trauma injury (i.e., life threatening, severe body injury) may be treated at any medical treatment facility to which emergency medical personnel transport them. The employee will subsequently be examined by the program physician. The designated program physician will determine if the employee is capable of returning to regular duties or if a transitional work assignment is appropriate and the necessary rehabilitation plan to be followed; this opinion will include the duration of any transitional work assignment not to exceed thirty (30) calendar days and indicate any physical therapy the injured employee may require. The program physician(s) may require follow-up medical evaluations.
(3) An employee may, after the initial evaluation by the program physician, elect to continue treatment with their personal physician provided the program physician's recommendations are followed. The employee will sign any necessary waivers to allow their personal physicians to release information to the program physician. The employee's personal physician will be the physician of record for Workers' Compensation purposes.
(b) Upon the program physician's determination that an injury requires the employee to be off work, wherein the employee reports said injury within twenty-four (24) hours of the incident of illness or injury, paid leave shall be granted by the Department of Human Resources for up to sixty (60) days.
Should such disability exceed sixty (60) calendar days, the Director of Human Resources, on application therefor and proof of continued disability, may extend the period during which such person is carried on the regular payroll. The length of such extended period or periods shall not exceed two (2) years.
Injury pay extension requests, accompanied by a “Statement of Attending Physician” setting forth the illness or injury and the need for additional time, must be presented to the Director of Human Resources no later than one (1) week after the expiration of the original sixty (60) day disability period. If the above requirements are not fulfilled, the request for injury pay extension may not be considered.
(c) Workers' Compensation: At the expiration of the injury leave granted, if the employee is still unable to return to work, the employee may elect in writing to use accumulated sick and other accrued time. If the employee is still unable to return to work, payment of normal wages will be stopped and the Industrial Commission will be requested to begin weekly payment under the provisions of the Workers' Compensation Act.
(d) If the opinion of the employee's treating physician conflicts with that of the program physician and such opinion is presented to the City in seven (7) calendar days of the program physician's evaluation, and if the physicians cannot agree after consultation, the employee will be referred for a third opinion. The Cost Containment Committee referenced below will establish a panel of occupational health specialists for third opinions. The third opinion shall be determinative of the employee's injury pay status under the contract and shall not be subject to further appeal or review. If the third opinion is consistent with the program physician's plan and the employee fails to abide by the rehabilitation plan, or if the employee enters and later drops out of the plan, then the City can recoup injury pay advanced from the employee's sick time accumulation. If the employee does not have a sufficient sick time balance, the City shall recoup the injury pay by reducing future sick leave earnings by one-half until the injury pay is fully recouped.
(e) Employees who sustain injuries 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 who choose not to be evaluated by the program physician or who choose not to follow that physician's recommended program and go only to the physician of their choice are not entitled to any paid injury leave benefits contained in this collective bargaining agreement. Notice of intent not to participate in the City's injury program must be given within three (3) work days of the injury. Any and all work- related injury claims will be processed through and conform with the Workers' Compensation Act.
(f) 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.
(g) An employee working in a transitional work assignment will be compensated at their regular rate of pay. The employee will not be entitled to bid rights, overtime, etc., since the employee is not fit to perform all of the duties of the classification. With regard to the rights of other employees, the employee in the transitional assignment will be deemed not to be working out of classification.
Transitional work assignments will be identified by the Department of Human Resources in consultation with those divisions who have appropriate tasks available. The currently available assignments and the tasks involved in each division will be provided in writing to the Union. No transitional work assignment shall be made to a task which has not been identified in writing to the Union, except by mutual agreement. Addition ally, it is not the intent of the parties to supplement the workforce in classifications where there has been a reduction due to unfilled vacancies, layoff or attrition.
In order to identify tasks within each division which may be appropriate for transitional work assignments, the Union will designate a divisional transitional work coordinator to interface with the Department of Human Resources. The divisional transitional work coordinator, divisional safety committee, and Human Resources will work to further identify appropriate transitional work tasks within each division. Human Resources and the divisional transitional work coordinator, in consultation with the manager/division head, will, on a case-by case basis, consult regarding placement of employees in appropriate transitional work assignments. Medical issues involving an employee’s ability to perform duties will be determined by the Program physician.
If issues regarding availability of transitional work assignments cannot be resolved at the divisional level, the matter shall be brought to the Chief Operating Officer or his/her designee for final determination, subject to arbitration under Section 2115.23, “Arbitration” and 2117.23, “Arbitration”.
It is not the intent of this section to allow divisions to provide transitional work above that identified nor is a division required to provide transitional work where no such appropriate tasks have been identified and recognized.
(h) An employee whose treating physician has declared the employee to be “maximum medically improved” (M.M.I.) using the tie-breaking feature in part (d) of this section, shall have the right to fill a position according to the following priorities:
(1) Return to the same job as long as it does not violate their physical restrictions;
(2) Return to the same job with reasonable accommodations for their physical restrictions;
(3) Return to a vacant position in the same salary group for which he/she qualifies that does not violate their physical restrictions;
(4) Return to a vacant position in a lower salary group for which he/she qualifies.
In the event that an employee cannot be returned to work in their regular job or alternate position, or is applying for a P.E.R.S. disability retirement, if the employee has followed the injury pay program the City will continue injury leave pay for a period of forty-five (45) days. After forty-five (45) days, the employee may use any sick and/or vacation time that they have accrued. The Department of Human Resources will continue to review the vacancy list every two weeks for a position which the employee would qualify. Where appropriate, if the employee qualifies for Bureau of Workers' Compensation rehabilitation the City will cooperate with the Bureau in allowing on the job training to help qualify the injured worker for a position.
(i) With the intent of this injury program being to minimize time away from work and return the healthy employee to active employment as soon as possible, the Joint Labor-Management Health and Safety Committee (Section 2115.85) will also serve as a cost containment committee for Workers' Compensation.
A regular full-time employee of the City shall be given Bonus Days provided the employee has earned sick pay benefits in the previous year, in accordance with the Bonus Day Table set forth below. For the purpose of bonus vacation, unpaid sick days taken will be applied in the same manner as paid sick days.
BONUS DAYS CANCELLATION TABLE | |||||||||||
SICK DAYS TAKEN | |||||||||||
MONTHS WORKED | SICK DAYS TAKEN | ||||||||||
0 | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 910 | ||
12 | 5 | 5 | 5 | 4½ | 4 | 3½ | 3 | 2 | l | ½0 | |
11 | 4½ | 4½ | 4½ | 4 | 3½ | 3 | 2½ | 1½ | ½ | 0 | |
10 | 4 | 4 | 4 | 3½ | 3 | 2½ | 2 | 1 | 0 | ||
9 | 3½ | 3½ | 3½ | 3 | 2½ | 2 | 1½ | ½ | 0 | ||
8 | 3 | 3 | 3 | 2½ | 2 | 1½ | 1 | 0 | |||
7 | 2½ | 2½ | 2½ | 2 | 1½ | 1 | ½ | 0 | |||
6 | 2 | 2 | 2 | 1½ | 1 | ½ | 0 | ||||
5 | 1½ | 1½ | 1½ | 1 | ½ | 0 | |||||
4 | 1 | 1 | 1 | ½ | 0 | ||||||
3 | ½ | ½ | ½ | 0 | |||||||
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