§ 34.27 SICK LEAVE CREDIT.
   (A)   All provisional, probationary, and regular full-time employees shall accrue sick leave credits at the rate of 4.616 hours of sick leave credit for every 80 hours of completed regularly scheduled work. An employee shall accrue sick leave credits at the normal rate during any leave with pay, except while on extended sick leave (see division (C) of this section). However, those additional sick leave credits earned by an employee while on leave with pay shall not be available for the employee's use until the employee has returned to work. An employee will not be considered returned to work until they have been back to work for a period of 30 days or more. An employee shall not accrue sick leave credits while on suspension without pay, unpaid leave, or absence without leave. Employees on paid or unpaid FMLA leave will be treated in the same manner as other employees on leave.
      (1)   For example, an employee on FMLA leave with pay (e.g. using vacation or sick pay) will be entitled to accrue sick leave credits at the normal rate during his or her paid leave status. The same rules governing employees on extended sick leave, as described in division (C) of this section, will also apply to employees on FMLA leave. If, on the other hand, an employee is absent from work on unpaid FMLA leave, he or she will not be entitled to accrue sick leave credits.
      (2)   Except for platoon shift employees, the maximum accumulation of sick leave credits by employees covered hereunder shall be 1,500 hours. The maximum accumulation for platoon shift employees shall be 2,100 hours. An employee who reaches the maximum allowable accrual on sick leave hours will cease to accrue sick leave hours until their balance has dropped below the maximum allowable accumulation.
      (3)   Platoon shift employees shall accrue sick leave credit at the rate of 6.462 hours for each two week pay period. (This is the same rate of accrual as other employees recognizing the greater number of hours worked on a 24/48 schedule as allowed under the FLSA.) This rate is effective as of July 1, 1990.
   (B)   (1)   An employee who has had prior service with another public agency may receive credit for all unused sick leave (up to a maximum of 90 days or its hourly equivalency for platoon shift employees) credited to the employee by such public agency provided that he or she is employed by the City of West Carrollton within one year of his or her separation from employment with such public agency. If the employee has had prior service with more than one public agency, only those accumulated and unused sick leave credits recognized by the most recent public agency shall be eligible for transfer to the city. The employee, within one year of hire by the City of West Carrollton, must furnish a properly certified letter from the prior public employer stating the amount of unused sick leave credits accumulated by the employee at the time of his or her separation from employment. Accumulated and unused sick leave so certified shall be credited to the employee's record as of the date received by the City of West Carrollton.
      (2)   An employee who is separated from the city service through resignation, layoff, or retirement, and then later reinstated, shall receive credit for all previously unused sick leave, provided such reinstatement occurs within 18 months of the initial separation. If the employee previously received reimbursement for such accumulated sick leave, as provided in division (E), (F), and (G) of this section, reinstatement of the accumulated sick leave shall not be permitted.
   (C)   Salaried employees with at least one year of service shall be eligible for extended illness or injury pay at one-half their regular salary for up to 60 work days, after their sick leave and injury leave have been depleted. Extended illness or injury shall be interpreted to mean an illness or injury with doctor's certificate, of an uninterrupted continuous nature. Extended illness or injury may occur more than one time during a one year period, but must be of a different, unrelated nature.
   (D)   (1)   Except for platoon shift employees, accumulated and unused sick leave in excess of 720 hours as of December 31st of each year may be converted by any regular full-time employee not covered under a bargaining agreement to vacation leave at the rate of three hours of accumulated sick leave for one hour of vacation leave.
         A maximum of 40 such vacation hours may be acquired by an employee through such conversion in any one calendar year. To effect such a conversion, an employee shall notify the City Manager in writing of the number of days to be converted, whereupon such conversion may be approved. In the event an employee converts sick leave to vacation leave as provided herein, such vacation leave shall not be subsequently reconverted to sick leave, unless the conversion is elected within the same calendar year and is supported by a medical certificate.
      (2)   Accumulated and unused sick leave for platoon shift employees in excess of 1,008 hours as of December 31st of each year, may be converted by any such regular full-time employee not covered by a bargaining agreement to vacation leave at the rate of three hours of accumulated sick leave for one hour of vacation leave. A maximum of 168 sick leave hours may be converted to 56 hours of vacation leave in any one calendar year. To effect such a conversion, an employee shall notify the City Manager in writing of the number of days to be converted, whereupon such conversion may be approved. In the event an employee converts sick leave to vacation leave as provided herein, such vacation leave shall not be subsequently reconverted to sick leave, unless the conversion is elected within the same calendar year and is supported by a medical certificate.
   (E)   A full-time employee not covered under a bargaining agreement hired before January 1, 1990 may convert any accumulated and unused sick leave benefits existing at the time of the employee's retirement under the state retirement system or at the time of their early retirement (where the sum of employee's age plus years of credited service equals or exceeds 70 to cash payment at the following rate:
      (1)   For accumulated and unused sick leave days up to a maximum of 720 hours (90 days), conversion at the rate of two sick leave hours equal to one cash payment hour.
      (2)   For accumulated and unused sick leave days in excess of 720 hours (90 days) up to a maximum of 1,200 hours, conversion at the rate of one sick leave hour equal to one cash payment hour.
      (3)   For accumulated and unused sick leave days in excess of 1,200 hours up to a maximum of 1,500 hours, conversion at the rate of three sick leave hours equal to one cash payment hour.
      (4)   The reference to days as set forth herein shall be converted to the hourly equivalence for platoon shift employees.
   (F)   A full-time employee not covered under a bargaining agreement hired after January 1, 1990, may convert any accumulated and unused sick leave benefits existing at the time of the employee's retirement under the state retirement system or at the time of their early retirement (where the sum of employee's age plus years of credited service equals or exceeds 70 to cash payment at the following rate:
      (1)   For accumulated and unused sick leave days up to a maximum of 1,500 hours, conversion at the rate of three sick leave hours equal to one cash payment hour.
      (2)   The reference to days as set forth herein shall be converted to the hourly equivalence for platoon shift employees.
   (G)   Except for platoon shift employees, a regular full-time employee who has been employed a minimum of six months and uses 32 or less sick hours between during the previous payroll year of any given year will be eligible for the following incentive:
      (1)   Any employee who has utilized 32 or less hours of sick time will be awarded a cash incentive payment of $150 no later than January 31st of the next year.
      (2)   Any employee who has utilized 24 or less hours of sick time will be awarded a cash incentive payment of $300 no later than January 31st of the next year.
      (3)   Any employee who has utilized 16 or less hours of sick time will be awarded a cash incentive payment of $500 no later than January 31st of the next year.
      (4)   Any employee who has perfect attendance for the year will receive one extra personal leave day in addition to the cash incentive payment of $500. Both will be reflected no later than January 31st of the next year.
Vacation leave and personal leave will not count as missed work for the purposes of the attendance incentive.
   (H)   All regular full-time platoon shift employees who has been employed with the city for a minimum of six months and uses 48 or less sick hours during the previous payroll year of any given year will be eligible for the following incentive:
      (1)   Any employee who has utilized 48 or less hours of sick time will be awarded a cash incentive payment of $150 no later than January 31st of the next year.
      (2)   Any employee who has utilized 36 or less hours of sick time will be awarded a cash incentive payment of $300 no later than January 31st of the next year.
      (3)   Any employee who has utilized 24 or less hours of sick time will be awarded a cash incentive payment of $500 no later than January 31st of the next year.
      (4)   Any employee who has perfect attendance for the year will receive 12 extra personal leave hours in addition to the cash incentive payment of $500. Both will be reflected no later than January 31st of the next year. Vacation leave and personal leave will not count as missed work for the purposes of the attendance incentive.
   (I)   Except for platoon shift employees, employees who experience 48 or more hours of sick leave usage during a 12-month period may be subject to the following procedure:
      (1)   On the request for the 48th hour of sick leave usage and for each subsequent sick leave request within a 12-month period, the department director may counsel the employee regarding absenteeism. Usage will be calculated during the preceding 12 months from the date of the most recent absence and not on a calendar year. A written record of the counseling will be documented on an "Excessive Absenteeism Counseling" Form and signed by the employee. Distribution of the record will be to the department director, the employee, and the employee's personnel file (original). Sick leave absences for which the employee provides a doctor's note will not be included in the 48 hours of sick leave usage for purposes of this section.
      (2)   If after formally counseling the employee, the department director feels that the employee is continuing to experience excessive absenteeism, he or she may issue a "Letter of Reprimand" to the employee. The employee is to sign the document acknowledging receipt thereof. The original "Letter of Reprimand" will be placed in the
employee's personnel file with a copy given to the employee.
      (3)   If after issuing the letter of reprimand and it is determined that the employee continues to abuse the sick leave policy, that employee may be subject to progressively more disciplinary action.
   (J)   For platoon shift employees, division (I) of this section shall apply to employees who experience 72 or more hours of sick leave usage during a 12-month period.
(Ord. 3664, passed 2-11-20)