(a) Purpose of Sick Leave. The purpose of sick leave is to permit full-time employees to take time off for an actual illness or injury, or a medical emergency. Part-time employees shall not be entitled to sick leave. The purpose of sick leave is not to provide paid holidays, and it is the policy of the Village not to permit sick leave to be taken unless one of the conditions required for sick leave as described in subsection (b) hereof, actually exists.
(b) Reasons for Sick Leave. Sick leave may be granted for any of the following reasons:
(1) Illness of the employee making it impossible or inadvisable for the employee to attend work.
(2) Sudden emergency illness of a child of the employee, a parent of an employee, or a close relative of an employee may be grounds for sick leave up to one day until arrangements can be made to take care of the sick person.
(3) Taking children or other family members to routine medical appointments and the like is not a basis for granting sick leave. An employee may be released to meet any of these appointment needs, at a time approved by the department head (at his or her discretion) or the Mayor (at his or her discretion), either by using accumulated vacation time of the employee, if the employee has any accumulated vacation time, or by granting such time of absence without pay as may be deemed necessary by the department head (at his or her discretion) or the Mayor (at his or her discretion).
(4) An employee shall be eligible for sick leave for any appointment made on the employee's own behalf, with any person licensed by the state to perform any healing art, including any physician or dentist, optometrist or other licensed practitioner, concerning the employee's physical health or mental health in any way. Sick leave shall be granted whether the appointment is for an examination, for prevention or for treatment.
(5) In case of an injury making it impossible for an employee to perform the employee's work, every effort will be made to assign the employee to work that can be done within the limitations caused by the injury. If the injury prevents the employee from doing any work at all for the Village, the employee shall be eligible for sick leave. If it is feasible for an injured employee to do work at home, work shall be provided for the injured employee to do at home.
(c) Number of Days of Sick Leave.
(1) Sick leave shall be accumulated as follows: Full-time municipal employees shall be entitled to sick leave with full compensation totaling one and one-fourth (1 ¼ ) days per full calendar month worked, or ten (10) hours per full calendar month worked. Unused sick leave shall continue to accrue for the entire duration of employment, but in no case shall unused sick leave exceed thirty (30) days.
(2) Part-time employees shall be entitled to no paid sick leave.
(d) Notification. No employee shall fail to notify a supervisor when he or she becomes ill and cannot report for work, or if there is any change in one's physical/mental health that could disqualify the individual from continuing to be able to perform his/her job assignments. Additionally, the use of sick leave without proper justification, the making of a false statement, or the furnishing of any false information with reference thereto by any employee and any other abuse of sick leave by an employee or employee of the Village is strictly prohibited. Personnel who are absent from work because of illness for more than three consecutive days may be required to furnish a certificate from a medical practitioner stating the nature and severity of the illness, to be given sick leave with pay. Employees, who because of their attendance records have been given a warning letter, may be required to submit a medical practitioner's certificate for all sick leave for a specific period of time or such employees may be subject to examination by a medical practitioner appointed by the Village.
(e) Personnel to Obey Medical Practitioner's Orders.
(1) Employees shall obey their medical practitioner's orders and shall promptly notify their supervisor of any restrictions or instructions by their medical practitioner, or prescribed medications that could effect their ability to perform their assigned tasks.
(2) The Mayor or Department Head shall have the right to require an employee who has a physical or mental incapacity to submit a report from a licensed medical practitioner verifying that the employee can perform the essential functions of his/her assigned duties without limitations.
(3) The Village may require a medical examination for an employee by a medical practitioner selected and paid for by the Village whenever the Village shall deem it necessary for the safety and welfare of the residents of the Village and the maintenance of standards within the Department. If the results of the examination would affect the employee's ability to work, then the employee may have a second opinion at his/her expense by a medical practitioner of his/her choice. If there is a difference of opinion by the first two medical practitioners, the employee may be examined by a medical practitioner mutually agreeable to the Village and the employee paid for by the Village.
(f) Records. Accurate records of each employee's accumulated sick leave and the amount of sick leave taken by each employee shall be kept either in written form in the employee's personnel file or in a computer memory in permanent form. Any employee may receive a copy of the written record or a printout of the computer information relating to that employee's sick leave, on request. Any employee dissatisfied or having any questions about the employee's sick leave, may have an appointment with the department head or, at the option of the Mayor, with the Mayor, to discuss the matter.
(g) Mental and Emotional Health Needs. Sick leave shall be available to any employee hospitalized for mental or emotional health problems, to the extent that accumulated sick leave days are available, and sick leave shall also be available for office appointments for mental health and emotional health needs.
(h) Family Medical Leave.
(1) Policy and Purpose. By the policies set forth herein, the Village intends to comply with the Family Medical Leave Act, as it applies to the Village under statute. Pursuant to 29 CFR 825.101, the Family Medical Leave Act ("FMLA") is intended to allow employees to balance their work and family life by taking reasonable unpaid leave for medical reasons, for the birth or adoption of a child, and for the care of a child, spouse, or parent who has a serious health condition. FMLA is intended to balance the demands of the workplace with the needs of families, to promote the stability and economic security of families, and to promote national interests in preserving family integrity. It is intended that this Ordinance accomplish these purposes in a manner that accommodates the legitimate interests of the Village and in a manner consistent with the Equal Protection Clause of the Fourteenth Amendment in minimizing the potential for employment discrimination on the basis of sex, while promoting equal employment opportunity for men and women.
(2) Eligibility. Pursuant to 29 CFR 825.110, in order for an employee of the Village to be eligible to take a leave of absence under FMLA, both conditions A. and B. shall be met:
A. The Employee has been employed by the employer for at least 12 months.
1. The 12 months an employee must have been employed by the Village need not be consecutive months. If an employee is maintained on the payroll for any part of a week, including any periods of paid or unpaid leave (sick, vacation) during which other benefits or compensation are provided by the Village (e.g., workers' compensation, group health plan benefits, etc.), the week counts as a week of employment. For purposes of determining whether intermittent/occasional/casual employment qualifies as "at least 12 months," 52 weeks is deemed to be equal to 12 months.
B. The Employee has been employed for at least 1,250 hours of service during the 12-month period immediately preceding the commencement of the leave.
1. Whether an employee has worked the minimum 1,250 hours of service is determined according to the principles established under the Fair Labor Standards Act (FLSA) for determining compensable hours of work (see 29 CFR Part 785).
2. The determinations of whether an employee has worked for the Village for at least 1,250 hours in the past 12 months and has been employed by the Village for a total of at least 12 months must be made as of the date leave commences.
(3) Basis for Leave. The Village shall grant leave to eligible employees under the FMLA in the following circumstances:
A. For birth of a son or daughter, and to care for the newborn child;
B. For placement with the employee of a son or daughter for adoption or foster care;
C. To care for the employee's spouse, son, daughter, or parent with a serious health condition; and
D. Because of a serious health condition that makes the employee unable to perform the functions of the employee's job.
(4) Duration of Leave.
A. An eligible employee's FMLA leave entitlement is limited to a total of twelve (12) workweeks of leave during any twelve (12) month period for any one, or more, of the reasons set forth in sub-section (h)(3) above.
1. The method used to determine the twelve (12) month period in which the twelve weeks of leave entitlement occurs shall be the twelve (12) month period measured forward from the date employee's first FMLA leave begins. An employee is entitled to twelve (12) weeks of leave during the year beginning on the first date FMLA leave is taken; the next twelve (12) month period would begin the first time FMLA leave is taken after completion of any previous twelve (12) month period.
B. For purposes of determining the amount of leave used by an employee, the fact that a holiday may occur within the week taken as FMLA leave has no effect; the week is counted as a week of FMLA leave.
(5) Benefits to Continue During Leave. During any FMLA leave, the Village shall maintain the employee's coverage under any group health plan on the same conditions as coverage would have been provided if the employee had been continuously employed during the entire leave period.
(6) Notice to Be Given. An employee must provide the Village at least thirty (30) days advance notice before FMLA leave is to begin if the need for the leave is foreseeable based on an expected birth, placement for adoption or foster care, or planned medical treatment for a serious health condition of the employee or of a family member. If thirty (30) days notice is not practicable, such as because of a lack of knowledge of approximately when leave will be required to begin, a change in circumstances, or a medical emergency, notice must be given as soon as practicable.
A. "As soon as practicable" means as soon as both possible and practical, taking into account all of the facts and circumstances in the individual case. For foreseeable leave where it is not possible to give as much as 30 days notice, "as soon as practicable" ordinarily would mean at least verbal notification to the Village within one or two business days of when the need for leave becomes known to the employee.
B. An employee shall provide at least verbal notice sufficient to make the Village aware that the employee needs FMLA-qualifying leave, and the anticipated timing and duration of the leave.
C. When planning medical treatment, the employee must consult with the Village and make a reasonable effort to schedule the leave so as not to disrupt unduly the Village's operations, subject to the approval of the health care provider.
(7) Details Not Addressed. Any detail, rule, requirement, prohibition, recommendation, term, condition, or issue not addressed by this Section shall be governed by the terms and conditions set forth in the Family Medical Leave Acts as codified in 29 CFR 825.
(8) Federal Preemption. It is the intent of the Village to comply with all Federal Rules and Laws governing employee Family Medical Leave. In the event that Federal or State laws and/or rules governing Family Medical Leave are more stringent, those rules or laws shall govern. Should any Federal or State law or rule supersede any portion of this chapter, only the portion in question shall be modified and the remainder of the chapter shall remain in full effect.
(i) Employee Shall Apply Vacation or Sick Leave Accrued. An injured employee shall apply any accumulated comp time (as referenced in Section 145.27
, herein) against the necessary absence from work due to an injury arising in the course of and out of employment with the Village and during the time such comp time is being used, said employee shall not be permitted to draw workers' compensation benefits. In the event an injured employee has no accumulated comp time, he or she shall be paid compensation benefits as provided for by the workers' compensation laws of the state.
(j) Emergency Assignments. Village personnel, except those excused for injury, military leave, and for other reasons by the Department head, will report for assignments during major emergencies (civil defense, natural, or manmade disasters) as directed by their Department Heads or the Mayor at the appointed time and place despite the severity of the weather or other condition. To obtain sick leave during a declared emergency assignment period, a certificate from a medical practitioner may be required as proof of illness.
(k) Status of Officer or Employee Protected. Each officer or employee taking leave as provided in subsection (h) hereof shall be fully protected in his or her status as an officer or employee of the Village. The officer or employee's seniority rights, accumulation of credit towards sick leave, accumulation of credit towards vacation time, and accumulation of credit towards raises shall continue during the time of the employee's leave.
(Ord. 5-19-725. Passed 5-1-19.)