§ 33.072 SICK LEAVE.
   (A)   Probationary and full-time and part-time county employees shall be entitled to earn sick leave with pay. Temporary employees shall not accrue sick leave time. Sick leave may be accumulated or carried from one year to the next not to exceed 1,440 hours for employees who work eight hours or more per day. Upon termination of employment with the county an employee shall not be reimbursed for unused sick leave.
   (B)   When a paid holiday occurs during the time an employee is on sick leave with pay, the day shall not be charged as sick leave.
   (C)   Use of sick leave:
      (1)   Sick leave may be used when an employee is unable to work due to personal illness, pregnancy or injury, or when the employee’s presence my endanger the health of other employees;
      (2)   Sick leave may be taken for medical or dental appointments;
      (3)   Sick leave may be taken in circumstances where illness in the employee’s immediate family makes it necessary for the employee to be absent. Immediate family shall include spouse, mother, father, son, daughter, sister, brother, mother-in-law, father-in-law, stepmother, stepfather, stepson, stepdaughter, daughter-in-law, son-in-law, grandson, granddaughter, grandmother, grandfather, aunt, uncle, brother-in-law, sister-in-law, guardian and ward;
      (4)   Sick leave, not to exceed three days, may be taken when death occurs in the employee’s immediate family. The above definition for immediate family shall apply;
      (5)   The use of sick leave is restricted to the foregoing and in no instance shall be considered as earned “time-off.” Using sick leave for reasons other than the foregoing shall be considered an abuse of policy and is subject to disciplinary action;
      (6)   The employee’s supervisor is authorized to request and receive a doctor’s certificate or other appropriate certification from the employee for the purpose of verifying the appropriateness of the use of sick leave.
   (D)   (1)   Full-time employees shall earn paid sick leave at the following rates: employees with work schedules of 30 hours or more per week shall earn at a rate of eight hours per month of service during a 12-month period.
      (2)   Part-time employees who work at least 20 hours per week but less than 30 hours per week shall earn paid sick leave at a rate of four hours per month.
      (3)   Part-time employees that have a work schedule of less than 20 hours per week shall not earn sick leave.
   (E)   (1)   Sick leave shall be charged in units of half-hours.
      (2)   Employees shall notify the appropriate supervisor within 30 minutes after the scheduled starting time that they plan to be absent for eligible reasons.
   (F)   Sick leave bank policy.
      (1)   Purpose. The purpose of the sick leave bank is to protect eligible employees from undue financial burdens which may result when extended absence from work is necessary due to a prolonged or catastrophic personal illness or accident. The sick leave bank will be established by the voluntary donation of current leave to the bank by county employees, thereby establishing their eligibility to participate in the bank. Leave hours contributed to the sick leave bank may not be reclaimed by the donor. Designated donations will not be allowed.
      (2)   Eligibility for membership.
         (a)   All employees who are on full-time regular status with York County and who earn sick leave are eligible to participate, as long as they have at least 96 hours of accrued sick leave available. Participation is voluntary.
         (b)   To become a member, an employee must complete a membership application and contribute 16 hours of sick leave during the open enrollment period.
      (3)   Procedures and regulations for membership.
         (a)   An open enrollment period shall occur between December 1 and January 1 of each year. January 1 begins each sick bank year. A special open enrollment may be declared should the bank become depleted.
         (b)   Sick leave bank members must contribute 16 hours of sick leave at the initial enrollment period and eight additional hours each year at the open enrollment period except as noted below:
            1.   Any time the total number of hours in the bank reaches a level equal to or less than 480 hours, an additional assessment of eight hours will be requested and an open enrollment period declared. If a member does not have accrued sick time at time of assessment, then time will be assessed when earned;
            2.   If membership falls below 40 members and the sick leave balance is less than 240 hours, the Sick Leave Bank Committee may decide to dissolve the bank rather than making an assessment. If the bank is dissolved, any days on deposit shall be returned to the current members at the time of dissolution and credited to their personal sick leave accumulation in proportion to the days each has contributed.
         (c)   All contributions to the bank remain the property of the bank, and under no circumstances can a member withdraw his or her accumulated days from the bank.
         (d)   Any employee may cancel membership from the bank by written request during the open enrollment period, which runs from December 1 through January 1.
         (e)   The right to membership or to apply for membership ceases with cancellation of membership, refusal to comply with assessments, or inactive status as a county employee.
         (f)   Membership in the bank shall remain confidential and be divulged only as necessary to maintain and administer the bank.
      (4)   Regulations for use of the bank.
         (a)   In order to make application to receive days from the sick leave bank, an employee must meet the following criteria:
            1.   The employee must be a current member of the bank for at least 30 calendar days. However, for employees with conditions determined to be pre-existing to the date of their sick leave bank membership, the employee will not be eligible for sick leave bank benefits until six months following the effective date of membership;
            2.    The employee must be absent from work at least ten calendar days as the result of personal illness or accident before receiving payment for approved sick leave bank hours. Bank sick leave hours may not be granted for elective surgery, normal pregnancy, or during a period an individual is receiving disability benefit payments from any source or during any period of time an individual is drawing or is eligible to receive worker’s compensation benefits. Any other absence due to illness or accident which does not meet the aforementioned exceptions will be considered a covered event;
            3.   The employee must have exhausted all accrued sick, annual, holiday and compensatory time and not be eligible to activate long-term disability insurance provisions.
         (b)   1.   An employee or family member of an incapacitated employee who meets criteria may apply to draw upon the sick leave bank by completing an “Application for Use of Sick Leave Bank” form. This application must have the “physician’s Confirmation” completed confirming the nature and expected duration of the disabling condition. If possible, the application should be filed at least two weeks prior to use of the leave. This will help to ensure payment for all eligible sick bank days. If necessary, a department director may make application for the employee.
            2.   Initial application would be for a maximum of 240 hours. Employees requesting additional hours should reapply at least two weeks prior to use of the additional leave. An additional form from the physician must be completed after each 240 hours drawn from the bank.
            3.   Members may appeal a rejected decision once by reapplying and submitting additional documentation. Appeal decisions will be made based on compliance with sick bank policy and will be final.
         (c)   The maximum number of hours, which may be drawn from the sick leave bank for any covered event is 480 hours.
         (d)   1.   Applications (that include the Employee ID Number) should be submitted to the Human Resources Director who will coordinate application review with the Sick Leave Bank Committee. The Sick Leave Bank Committee consists of the HR Director, immediate supervisor and department director of the employee requesting sick bank time and the County Manager or his designee.
            2.   The committee is authorized to grant leave up to the total amount of hours in the sick leave bank and to act only in accordance with this policy, state statutes and the county personnel policy. Decisions of the Sick Leave Bank Committee must be approved by the County Manager. Deliberations of this committee shall remain confidential.
         (e)   If sick leave from the bank is granted to an employee, the employee is considered to be in active pay status during the use of that leave and all employment benefits will apply including the accrual of annual and sick leave.
         (f)   If any sick leave is granted but not used by the employee, the unused portion of the amount of sick leave transferred is returned to the sick leave bank. This would apply in the case of an employee’s death or recovery from the illness or injury. Employees may utilize any granted sick leave bank hours until released to full duty by their physician.
         (g)   The employee’s department will assume the financial responsibility for sick leave bank hours paid and must continue to submit time cards for the employee.
(‘77 Code, § 13-67) (Ord. 1584, passed 9-17-84; Am. Ord. 5288, passed 10-17-88; Am. Ord. 1393, passed 3-15-93; Am. Ord. 2601, passed 7-16-01; Am. Ord. 5308, passed 9-2-08; Am. Ord. 1214, passed 5-5-14; Am. Ord. 3217, passed 6-19-17; Am. Ord. 3918, passed 8-20-18; Am. Ord. 2019, passed 6-3-19)