161.17 SICK LEAVE WITH PAY.

   (a)   Each full-time officer or employee regularly working six or more calendar months per year shall be allowed to accumulate sick leave credit with pay at the rate of one-half hour for each eight hours of service, with the exception of members of the bargaining unit who shall accumulate sick leave credit with pay at the rate specified within the current collectively bargained contract; and further, that no sick leave credit shall be allowed while on sick leave or for any such calendar month in which such employee is off duty; except that when an employee is required to report for work and does so report and is denied work because of circumstances beyond his or her control, absence from work for the balance of that day shall not be construed as unpaid work status. Overtime hours worked shall not be construed as unpaid work status. Overtime hours worked shall not be used in computing accumulated sick leave credit.

   (b)   Sick leave with pay shall be cumulative and any officer or employee having unused sick leave prior to the effective date of this section shall be credited with such unused sick leave for the purpose of this section.

      (1)   For all purposes stated within this section, sick leave may only be used in increments of not less than two hours per occasion, unless approved otherwise, in advance, by the department head or the appointing authority.

   (c)   Certificate May Be Required. For all purposes stated within this section, department heads or the appointing authority, may require a certificate of the attending physician before authorizing the paying of any employee under this section.

(Ord. 104-93. Passed 12-21-93.)

   (d)   In accordance with the “Family and Medical Leave Act of 1993":

      (1)   Employees are entitled to an unpaid leave of absence up to twelve weeks per calendar year for:

         A.   The birth and care of a newborn child of the employee’s;

         B.   The placement of a child with the employee for adoption or foster care;

         C.   To care for the employee’s spouse, child or parent who has a serious health condition;

         D.   To take medical leave when the employee is unable to work because of a serious health condition; or

         E.   For qualifying exigencies arising out of the fact that the employee’s spouse, son, daughter or parent is on active duty or call to active duty status as a member of the National Guard or Reserves in support of a contingency operation.

      (2)   An employee may also take leave intermittently or on a reduced work schedule when medically necessary due to the employee’s or a family member’s illness. Intermittent leave related to the care of a newborn or placement of a child for adoption or foster care must be agreed to and approved by supervision prior to the utilization of such leave.

         (Ord. 076-2011. Passed 12-20-11.)

      (3)   In carrying into effect subsections (d)(1) and (2) hereof, the appointing authority may, prior to approval, require medical certification that the leave is needed due to the employee’s own serious health condition or that of a family member. The City may, at its own expense, also require a second medical opinion. If in the event the first and second opinions differ, then in that event the City may require a third opinion, to be obtained at the City’s expense. The conclusion of the third medical opinion shall be final and binding.

      (4)   Upon returning from leave as provided for by this subsection (d), the employee shall be restored to the same or equivalent position with the same or equivalent pay, benefits and other terms and conditions of employment.

      (5)   The provisions of subsection (d) hereof shall not apply until the employee has worked at least 1,250 hours during the previous twelve calendar months. (Ord. 104-93. Passed 12-21-93.)

      (6)   Further, the benefit conferred by subsection (d)(4) hereof may not apply to exempt employees in the top ten percent (10%) pay scale for all City employees if providing such job restoration would cause substantial and grievous economic injury to the City. (Ord. 076-2011. Passed 12-20-11.)

   (e)   Sick leave with pay shall be granted upon the recommendation of the appointing authority only for the following reasons:

      (1)   Sickness of the employee himself;

      (2)   Injury to the employee himself except where such injury is incurred in the performance of employment other than his or her employment with the City;

      (3)   Medical, dental or optical consultation or treatment of employee;

         (Ord. 104-93. Passed 12-21-93.)

      (4)   Sickness of a member of the immediate family living in the employee's household. Full-time employees of the City, as defined by Section 161.01(a)(27), having previously worked for six or more calendar months per year, shall be granted not more than a maximum forty hours in any calendar year for sickness in the immediate family requiring the presence of the employee. In special cases, where the department head deems that more than forty hours are necessary, the department head shall first submit such recommendation in writing to Council and Council’s approval shall be obtained in advance of granting such leave.

         (Ord. 80-99. Passed 11-2-99.)

      (5)   Quarantine because of contagious disease. Department heads shall require a certificate of the attending physician before paying any employee under this subsection (d)(5).

   (f)   Any employee scheduled to work on a holiday as designated in Section 161.11, who reports sick, shall be charged sick leave with pay for the number of hours that comprise the holiday.

      (1)   When an employee is absent because of illness on the work day before and/or work day after, a full holiday, and the holiday is celebrated on a regularly scheduled work day, he shall be charged an additional four hours of sick leave hours for the holiday.

      (2)   Sick leave with pay shall be charged at the rate of one hour for each hour of regularly scheduled work for which an employee is absent, when sick leave is chargeable to such absence under the provisions of this section.

   (g)   In the event an employee who is entitled to injury leave uses up all his injury leave time and is still unable to return to active duty, he may, with the approval of the appointing authority, use any unused sick leave, and vacation time to which he is otherwise entitled.

   (h)   Beginning with the seventh time and each time thereafter, a full-time employee of the City, as defined by Section 161.01(a)(25), is granted sick leave with pay, in any calendar year, the first two work days of each such leave shall be without pay, except that such absence may, with the approval of the appointing authority, be charged to vacation time, and except further, that intermittent periods of sick leave, for the same illness or injury, certified by a physician, shall be counted as one absence if they occur during a period not to exceed thirty calendar days from the date the employee returns to work. For purposes of computation of this subsection (h), sick leave with pay may be granted for medical, dental or optical consultation or treatment of an employee, pursuant to subsection (d)(3) hereof. When such absence is of four hours or less duration, it shall not be counted a "time" if appropriate documentation is submitted to the department head. (Ord. 37-01. Passed 7-17-01.)

   (i)   Unless otherwise provided for by the collectively bargained contract for the employee’s bargaining unit, or a full-time employee who is not a member of a bargaining unit, employees will be paid an annual benefit up to three hundred fifty dollars ($350.00) for one (1) physical examination each calendar year. The benefit shall be paid to the employee in cash not later than one month after the Auditor receives confirmation from the City’s third-party health insurance administrator or the employee’s physician if the employee is not enrolled in City health insurance that the physical examination has taken place.

(Ord. 101-2020. Passed 12-15-20.)

   (j)   There is hereby created a three member Board of Review which is hereby granted the power to waive the provisions of subsection (k) hereof and Section 161.05(a). The Board shall act upon the written request of an employee to the Board, only in those cases which exceed the provision of the requirements of the foregoing subsections (d) and (k) hereof. The Board shall convene as soon as possible to consider the request of the employee. All decisions of the Board shall be addressed to the employee and Auditor, with copies to department head and appointing authority. This Board shall be composed of the following:

      (1)   The Mayor;

      (2)   The Auditor; and

      (3)   The City Attorney. (Ord. 104-93. Passed 12-21-93.)

   (k)   A division or department head or the Civil Service Commission and/or Department of Human Resources may require evidence as to the adequacy of the reason for any employee’s absence during the time for which sick leave is requested.

(Ord. 076-2011. Passed 12-20-11.)

   (l)   An employee who is about to be separated from the City service through retirement or layoff may, if he so desires, be paid in lump sum one hour for each six hours of unused sick leave to his credit for total accumulations of not to exceed 480 hours and one hour pay for such four hours of unused sick leave to his credit for all accumulations in excess of 480 hours. In the event that an employee becomes deceased in the status of full-time City employment, compensation for any such unused sick leave to his credit shall be paid in a lump sum to the estate of the deceased at the rates provided in this subsection (l).

      (1)   Should an employee become deceased while in the line of duty, the City shall pay to his or her estate, unless the employee shall expressly direct otherwise by filing a written declaration with the Auditor designating the payment beneficiary, a lump sum equal to the employee's total accrued but unused sick leave.

      (2)   For purposes of this subsection, sworn members of the Division of Police, working the average forty hour week, shall be paid the prevailing hourly wage rate for their step and grade.

   (m)   No sick leave with pay shall be accredited or allowed except that accredited for service as an employee of the City, and except further employees shall receive credit for and/or be permitted to use sick leave with pay which is carried forward to the City from the State of Ohio or its political subdivisions, only as set forth in Ohio R.C. 124.38.

   (n)   Eligibility to use sick leave shall not begin until after the first calendar month of service with the City. No unearned sick leave may be granted to any employee.

(Ord. 104-93. Passed 12-21-93.)

   (o)   If the employee sick leave balance is at three hundred (300) hours or more as of December 31, the employee has the option to receive payment for one hour for each three hours of unused sick leave, not to exceed a total of twenty-four (24) hours total payment (i.e., twenty- four (24) hours total payment requires seventy-two hours of sick leave for conversion purposes). The employee must give notification to convert hours to payment to the Auditor’s office by January 15. Payment will be made by January 31 at the hourly rate in effect for each employee as of December 31 of the most prior year. (Ord. 59-09. Passed 11-3-09.)