(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.