167.04 SICK LEAVE.
   (a)    (1)    Cumulative Sick Leave. Sick leave shall be cumulative at the rate of four and six-tenths hours for every eighty hours worked up to a maximum allowable total of 2,500 hours. No further credit or payment for sick leave shall be given to any employee after such employee has earned and accumulated 2,500 hours of sick leave except as hereinafter provided.
      (2)    Non-Cumulative Sick Leave. After March 1, 1998, an employee who has accumulated the maximum allowable 2,500 hours of cumulative sick leave shall be entitled to additional non-cumulative sick leave each calendar year at the rate of four and six-tenths hours for every eighty hours worked.
Except as hereafter provided, unused non-cumulative sick leave shall be forfeited at the end of each calendar year. One-quarter of an employee's unused non-cumulative sick leave shall be paid to the employee annually in December. In lieu of such payment, an employee may elect by written notice provided to the Director of Finance on or before November 30, to have, once an employee has reached the maximum 2,500 hours, one-quarter of his/her unused non-cumulative sick leave converted to personal time, which personal time shall be taken in the following calendar year, and if not so fully used, the remainder of such personal time shall be forfeited.
   (b)    Sick leave may be used, upon approval of the department head, for absence due to personal illness, injury or exposure to a contagious disease which could be communicated to other employees, and for absence due to illness, injury or death in the employee's immediate family. For the purposes of this subsection "immediate family" means spouse, children, mother, father, mother-in-law and father-in-law. In the event of death, "immediate family" shall also include grandparents, grandchildren, brothers, sisters, aunts and uncles. (Ord. 2001-74. Passed 5-3-01.)
   (c)    Any employee who transfers from any other public agency of the government to the City shall be credited with the portion of his accumulated sick leave up to the maximum permitted by City ordinance. Credit upon re-employment of an employee shall be as provided in Ohio R.C. 124.38.
   (d)    A doctor's certificate may be required at the discretion of the department head.
   (e)    The employee shall be paid at straight time for the number of hours he would have worked on the day granted as sick leave. (Ord. 1992-31. Passed 3-5-92.)
   (f)    Each employee of the City with at least ten or more years of services with the City shall receive payment based on the employee's rate of pay, upon termination of employment with the City, transfer to another governmental agency or retirement, an established percentage of the employee's accrued but unused cumulative sick leave, based upon a maximum accrual of 2,500 hours in accordance with the following schedule:
      (1)    10 years       50%
      (2)    17 years       60%
      (3)    20 years       68%
      (4)    25 years       75%
   If the termination, transfer, etc., occurs prior to December, said employee also shall be entitled to receive that sum he/she would have been paid in December of the year of termination, transfer, etc., for any unused noncumulative sick leave as set forth in subsection (a)(2) hereof.
   When an employee entitled to payment under this section terminates his employment, transfers to another governmental agency or retires under the Public Employees Retirement System or the Police and Fire Disability and Relief Fund, the Director of Finance shall give written notice to each such employee affected within fifteen days of such termination, transfer or retirement.
   If an employee, eligible for payment or transfer of accumulated unused sick leave, as the case may be, and pursuant to this section, does not apply to the City within 120 days after receipt by such employee of written notice of eligibility for payment or transfer of accumulated unused sick leave, the Director of Finance shall make payment to such employee in the amount as heretofore provided in this section. (Ord.2001-74. Passed 5-3-01.)