163.05.4 TRANSFER OF SICK LEAVE.
(a) The Director of Finance is hereby authorized to transfer sick time accruals from one employee to another under the following conditions:
(b) If the transferee (recipient of the time) earns an hourly rate less than the transferor, then the transfer will be hour for hour without any equivalency factor applied. If the transferee (recipient of time) earns an hourly rate more than the transferor, then the following equivalency factor will apply: the transferee will receive leave time equivalent to the amount of leave time earned by the transferor at the transferor’s rate of pay. The transfer will be subject to the discretionary approval of the department head and the Director of Finance. Both employees (i.e., the transferor and the transferee) must also sign an affidavit that there was not nor will there be any consideration, money or thing of value exchanged between them in order to effectuate this transfer of sick time accruals. An employee may be granted an advance of sick leave of up to 120 hours, transfers of sick leave of up to 120 hours or a combination of the two up to no more than 120 hours combined, in any twelve month period.
(c) An employee may be permitted to transfer no more than a maximum of forty (40) hours per twelve month period. Further, an employee shall be entitled to receive no more than one hundred twenty (120) hours per twelve month period.
(d) No transfer of sick leave shall be permitted unless the employee has completed the following steps:
(1) Filed an application and been approved for Family Medical Leave (FMLA) according to the guidelines as outlined in Section 163.50;
(2) Has requested an advancement of sick leave under Section 163.05 of this chapter for no more than one hundred twenty (120) hours;
(3) Said request has been denied by the Department Head;
(e) No more hours for transfer shall be submitted and accepted than were requested in the denied request for an advance of sick leave. (Ord. 10-194. Passed 6-16-10.)