§ 62-59. Sick leave.

(a)

Accrual, maximum accumulation. For employees hired on or prior to December 31, 2012: Regular full-time employees and regular part-time employees whose normal work week is 20 hours or more shall accrue sick leave at the rate of 0.046154 per hour (equivalent of 12 days based on a 40-hour schedule) based on actual hours worked and actual hours of paid leave use, exclusive of overtime hours. Employees are not permitted any sick leave days off with pay until they have completed three months continuous employment with the city. The maximum accumulation shall be 960 hours. The maximum accumulation shall be determined at the end of the last pay period of the calendar year. Thus, employees may accrue sick leave during the calendar year that may exceed 960 hours. At the end of the last pay period of each payroll calendar year, an employee shall be provided a credit of personal leave for every three hours of sick leave over the maximum. Any hours of sick leave in excess of 960 hours not converted to personal leave shall be forfeited.

For employees hired on or after January 1, 2013: Regular full-time employees and regular part-time employees whose normal work week is 20 hours or more shall accrue sick leave at a rate of .0385 per hour (equivalent to ten days based on a 40-hour schedule) based on actual hours worked and actual hours of paid leave use, exclusive of overtime hours. Employees are not permitted any sick leave days off with pay until they have completed three months continuous employment with the city. The maximum accumulation shall be 416 hours. The maximum accumulation shall be determined at the end of the last pay period of the calendar year. Thus, employees may accrue sick leave during the calendar year that may exceed 416 hours. At the end of the last pay period of each payroll calendar year, an employee shall be provided a credit of personal leave for every three hours of sick leave over the maximum. Any hours of sick leave in excess of 416 hours not converted to personal leave shall be forfeited.

(b)

Purpose and approval. Sick leave with pay is provided so that economic security will be available to an employee. Sick leave shall not be considered as a right which an employee may use at his discretion, but rather as a privilege which shall be allowed only in cases of personal or immediate family sickness, disability, or legal quarantine, and subject only to limitations of employee's accumulation and any other applicable provisions contained in this section. The term "immediate family" shall mean spouse, domestic partner (defined as a person with whom the employee shares a residence and within the context of a committed relationship), natural, adopted, foster or step-child, parent, step-parent, parent-in-law, brother, sister, step-brother or step-sister, grandparent, grandchild, daughter-in-law, son-in-law, any person for whom the employee is a legal guardian, or a sole dependent residing in the same household. A department head may approve or disapprove an employee's request for sick leave with pay after he has made adequate investigation to determine the validity of the request. Such approval or disapproval is subject to review and final approval of the human resources director.

(c)

Physician's certification of illness. A physician's certificate may be required for (i) approval of sick leave; or (ii) determination of fitness to return to work. The reasons for such absence, the dates the employee was under physician's care and the day on which the employee was able to return to work shall be stated in such certificate.

(d)

Records. The human resources director shall establish a system to account for sick leave accrual, use and accumulation and the maintenance of other official sick leave records, such as leave requests. No sick leave with pay shall be granted except on the basis of such records, and no employee is permitted sick leave that has not already been earned.

(e)

When chargeable. Sick leave shall be chargeable only for hours of absence for which an employee would otherwise be scheduled for work and receive pay.

(f)

Termination of service; resumption of service. All accumulated sick leave is forfeited on the termination of employment. A person formerly employed by the city who returns to the city service within one year shall receive credit for sick leave earned and not paid during his former city employment. No employee shall accumulate sick leave benefits during any separation of employment with the city.

(g)

Termination of service; final payout . Employees hired on or prior to December 31, 2012: When an employee leaves the service of the city for any reason after completing ten years' continuous service, such employee shall be compensated for accumulated sick leave not to exceed 960 hours at a rate of 50 percent of the employee's hourly rate of pay at the time of separation; provided, however, that the elected mayor of the city shall be so compensated without the requirement of completing ten years of continuous service. When an employee leaves the service of the city for any reason after completing greater than 15 years' continuous service, such employee shall be compensated for accumulated sick leave not to exceed 960 hours at a rate of 75 percent of accumulated sick leave, up to a maximum accumulation of 960 hours, at the employee's base hourly rate of pay at the time of separation.

Employees hired on or after January 1, 2013: When an employee leaves the service of the city for any reason after completing ten years' continuous service, such employee shall be compensated for accumulated sick leave not to exceed 416 hours at a rate of 50 percent of the employee's hourly rate of pay at the time of separation; provided, however, that the elected mayor of the city shall be so compensated without the requirement of completing ten years of continuous service.

(h)

Confidential employees. When an employee, who would otherwise be covered under the collective bargaining agreement with the National Conference of Firemen and Oilers/Service Employees International Union (NCFO/SEIU), but is excluded due to the confidential nature of their position, leaves the service of the city for any reason after completing 15 years of continuous service, such employee shall be compensated for accumulated sick leave not to exceed 960 hours at a rate of 75 percent of the employee's hourly rate of pay at the time of separation.

(i)

Conversion to personal leave. An employee using less than 24 hours of sick leave per payroll calendar year may convert up to 24 hours of sick leave to earned personal leave if, after the conversion, the employee has a balance of at least 192 hours of sick leave during the last pay period of the calendar year (this requires a sick leave balance of at least 216 hours prior to conversion to convert the full 24 hours). The employee also has the option to be paid for these hours.

In addition to the conversion privilege in the above paragraph, an employee using zero hours of sick leave during the payroll calendar year may convert an additional eight hours of sick leave to earned personal leave if, after the conversion, the employee has a balance during the last pay period of the calendar year of at least 192 hours of sick leave (this requires a balance of at least 224 hours prior to conversion to convert the full amount for both conversions). The employee does not have the option to be paid for these hours.

(j)

Disability retirement.

(1)

Duty disability retirement. Whenever the city physician determines that an employee is prevented by a line-of-duty illness or injury from returning to work, the human resources director may immediately submit a request for duty disability retirement. The employee shall be granted his accumulated sick leave until the request for disability retirement is approved, at which time sick leave payments shall cease.

(2)

Nonduty disability retirement. Whenever the city physician determines that an employee is prevented by a non-duty disability from returning to work, if the employee is eligible for non-duty disability retirement, the human resources director may immediately submit a request for nonduty disability retirement. The employee shall be granted his accumulated sick leave until the request for nonduty disability retirement is approved, at which time sick leave payments shall cease.

(3)

Receiving concurrent benefits prohibited. In no case shall an employee receive sick leave and pension benefits concurrently.

(k)

Fire personnel. Certified fire rescue department personnel who work a 24-hour shift shall accrue, utilize and convert leave as provided in the appropriate collective bargaining agreement, including certified fire department personnel not covered by such agreement.

(Code 1979, § 2-225; Ord. No. 3666-03, § 1, 9-2-2003; Ord. No. 3703-03, § 1, 10-27-2003; Ord. No. 4443-12, § 2, 1-7-2013; Ord. No. 4664-16, § 1, 10-24-2016)