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(a) Toledo Municipal Court Judges' Division part-time employees have no bump or recall rights.
(b) The following benefits shall be made available to all part-time employees, as of January 1, 1990 on a prorated basis based on actual hours worked during the preceding year:
Sick Days
Bonus Days
Vacation
(c) The eligibility for holiday pay shall depend upon the Job Sharing Agreement between the job sharers, which is approved by the Court.
(d) Newly hired part-time employees shall be probationary employees for a period of 2,080 hours.
(e) If a part-time employee serving the initial 2,080 hours probationary period established herein fails to work for more than 32 scheduled hours during this initial probationary period, then the employee's probationary period shall be extended by the additional number of hours the employee did not work in excess of 32.
(Ord. 275-19. Passed 6-11-19.)
No employee of the Court shall accept outside employment that is adverse to or in conflict with his or her municipal employment. Employees engaged in outside employment must disclose the nature and details of such employment to the Court Administrator in writing prior to undertaking such employment.
Employees shall report changes of name, phone number and/or address on appropriate forms, to their supervisors. Such changes shall be reported within fifteen (15) calendar days of occurrence and forwarded to the Court Administrator's Office who, in turn, will notify the Department of Human Resources who shall correct the employee's records and file such change in the employee's personal history file.
HEALTH AND WELFARE
(a) Regular full-time employees shall be credited with one and one-quarter (1 ¼) days for each month of services, not to exceed fifteen (15) days per calendar year. Such days shall continue to accumulate at such rate without any maximum limitations. Provided the conditions of Section 2134.51, Termination and Severance Pay, have been met, unused sick leave accumulated and shall be paid out as follows.
(i) Employees hired on or before December 31, 2012 shall be covered under the original severance plan, unless they opt out of the original severance plan in writing before March 1, 2013 to the Court Administrator. Provided the conditions of Section 2134.51, Termination and Severance Pay, have been met, unused sick leave under the original severance plan will be paid out as follows: the bank of sick leave established effective December 31, 2012 will be paid out at the rate of one-half (1/2) the employee's regular rate of pay as of the date of separation for all banked sick time up to two hundred (200) days and full pay at the employee's regular rate of pay as of the date of separation for accumulated sick time in excess of two hundred (200) days. The total number of days to be paid is capped at the bank of sick leave the employee had available on December 31, 2012.
(ii) Employees hired after December 31, 2012, or employees who opt out of the original severance plan, shall be under the revised severance plan. Provided the conditions of Section 2134.51, Termination and Severance Pay, have been met, unused accrued sick leave under the revised severance plan will be paid as follows at the employee's regular rate of pay as of the date of separation: thirty-three percent (33%) of salary for the first eighty (80) days and fifty percent (50%) of salary for the next eighty (80) days for a maximum of one hundred and sixty (160) days.
(b) 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 herein 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 twenty five percent (25%). Employees with fewer than four hundred eighty (480) 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.
(c) An employee granted a leave of absence without pay for thirty (30) calendar days or more shall not accumulate sick pay during the period the employee is on such leave.
(d) An employee hired from another political jurisdiction within Ohio may transfer his or her unused sick time to his or her sick leave bank with the Court. Such time may be used and may be paid in accordance with the terms of this chapter.
(e) An employee may not be paid out sick leave on sick leave accumulated through the Court's Catastrophic Leave Donation Program.
(a) Sick pay is pay to the employee for the necessary absence from duty on a regularly scheduled work day because of illness, injury, medical appointments, or exposure to contagious disease suffered by the employee not in the course of his 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 a hospital while undergoing serious medical attention shall be included under this provision.
(b) Sick pay shall be paid for illness or injury incurred as a result of outside employment. Sick pay shall not be paid to any employee as a result of use of drugs or alcoholic beverages, except for the treatment of abuse, nor for injuries sustained while committing a felony, or other similar action.
(c) For the purpose of this section, immediate family shall include only the employee's father, mother, step-father, step-mother, sister, brother, spouse or child. The immediate family illness provision shall be for a limited period of time, normally 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 the immediate family illness provision for three (3)_or more consecutive work days shall require a Statement of Attending Physician.
(d) 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 Court Administrator. 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 Court Administrator prior to the utilization of any sick pay.
(e) 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 PL 103-3, 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.
(a) The employee, while absent on sick pay, must notify his or her supervisor under agreed practices. When claiming sick days, an employee must remain at home caring for his or her illness unless he or she is 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. Where an employee who is recuperating from surgery or some other major medical condition is advised by his or her physician that a change of location would hasten his or her recovery, he or she may do so with the approval of the Court. An employee who is recuperating 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) When an accumulation of sick days taken within a calendar year reaches five (5) days or forty (40) hours for an employee then the employee must document use of sick leave by the use of the Toledo Municipal Court Statement of Attending Physician for the remainder of the calendar year. The 5 day/40 hour limit shall include all days or portions of days. The Court's Statement of Attending Physician must set forth the employee's or family member's condition that requires his or her absence. Statements of Attending Physician must be prepared by a doctor or medical official (physician, nurse practitioner, nurse, dentist, chiropractor, or physical therapist, optometrist, and ophthalmologist). FMLA-approved leave is not included in the calculation of the 40 hours.
(c) Effective January 1, 2006, when an accumulation of sick days taken within a calendar year reaches six (6) days or forty-eight (48) hours for non-major illnesses or injuries, then the employee's usage record and attending circumstances will be subject to review to validate appropriate usage. Usage that cannot be validated will be subject to discipline for each additional sick leave usage for a non-major illness or injury. The 6 day/48hour limit shall include all days or portions of days. A major illness or injury shall be the same as one qualifying for FMLA leave. FMLA-approved leaves are not included in the calculation of the 48 hours.
(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 Court representative.
(e) Any employee found guilty of abusing the sick pay benefits set forth herein or whose reasons for absence are falsified shall be subject to appropriate disciplinary action.
(f) Funeral leave usage of sick pay in accordance with Section 2134.45 shall not be used in the calculation of 40 and 48 hours used described above.
(g) Part-time employees shall be subject to this section on a pro-rata basis.
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