Section 19-130 Sick leave.
Prior to the adoption of Ord. 21097 on 09/19/2011, Section 19-130 read as follows.
(a) Sick leave shall be earned and accumulated by pay periods
according to the following
(b) Sick leave shall be granted to
for the following:
to perform duties because of personal sickness
, city job-related disability
or exposure to contagious disease that could be transmitted to others on the job.
2. Necessary medical, dental and optical examination and treatment, and counseling
employee and immediate family. "Immediate family" as used in this section means
employee's spouse, child, mother, father, or other relative or member of the immediate household
permanently residing under the same roof. Sick leave granted for such purposes shall not exceed
the actual time necessary for examination or treatment and reasonable travel time as determined
by the department head.
3. Illness in the employee's immediate family if no one else is available to
care for the
4. Illness in the employees immediate family requiring in-patient care
when all of the
employees eligible accruals have been exhausted such as vacation, floating holiday,
compensatory time, etc.
5. Birth or adoption of a child by an employee, an employees spouse or
domestic partner. Generally, the employee will be allowed up to two hundred forty (240) hours
of sick leave for this purpose.
6. Attending the funeral of the employee's spouse, domestic partner, child, parent,
sibling, grandparent, grandchild,
aunt or uncle, immediate in-laws, parents or
member of the immediate household who has permanently resided under the same roof; or for
providing pallbearer services (except for hire or as a public service) if the employee had such
services verified and approved by the department head before the scheduled funeral. Note: Travel
time for pallbearer activities shall not be granted from sick leave accruals. Generally, the
employee will be allowed up to twenty-four (24) hours of sick leave per funeral. Determination
of eligibility for sick leave use to attend a funeral shall be made by the department head or duly
authorized supervisor, exercising reasonable discretion.
extenuating circumstances which threaten the health or welfare of the
immediate family such as: household fire or automobile accident. Sick leave may not be used for
transportation problems, home repairs, babysitting problems, or similar reasons. Determination
of eligibility for sick leave use shall be made by the department head or duly authorized
supervisor, exercising reasonable discretion. Additional time, if needed and approved, may be
allowed from eligible accruals, or pursuant to leave of absence without pay provisions if all
eligible accruals are exhausted.
(c) Temporary employees shall not be eligible for this benefit;
and permanent part-time
employees shall accrue leave on a prorated basis.
(d) An employee must be actually engaged in performing assigned
duties or on authorized paid
leave to accumulate sick leave.
(e) Sick leave shall accrue from the date of appointment,
but may not be used until after
successful completion of the first thirty (30) days of permanent employment. If an employee
utilizes sick leave during the first six months of employment, and leaves city service within that
six months, the employee's final pay will be reduced by the number of sick leave days utilized,
provided final pay does not fall below minimum wage rate for hours worked.
(f) A department head may request that an employee be
given an advance of sick leave not
to exceed twenty (20) working days per calendar year, provided such employee has been a
satisfactory employee of the city for a period of at least one (1) year. Requests shall be in writing
and shall offer adequate justification for the request. The advancement shall be authorized by the
city manager provided the employee has exhausted all eligible leave accruals and there is a
reasonable chance that the employee will be able to offset the advance by future unused accruals
of sick, vacation, and other authorized leaves as soon as possible.
Sick leave cannot be used in
advance of an employees accrual except as provided in this subsection.
(g) On separation from the city's service, an employee shall
not be entitled to receive
reimbursement for accrued sick leave, except under the provisions of the post employment health
(h) A temporary employee who is subsequently retained in
a permanent position shall accrue
sick leave from the date of appointment to the permanent position.
(i) Any employee who is indebted
to the city for sick leave advanced but not accrued at the
time of his separation shall, whenever possible, have his final pay deducted sufficiently to offset
the indebtedness, provided final pay does not fall below minimum wage rate for hours worked.
) Sick leave may be used only with the permission of the employee's duly authorized
supervisor. This provision shall apply to all other sections of this plan.
) Employees shall notify their supervisor that they will be unable to work before
normal work day begins, pursuant to specific departmental rules concerning deadlines for such
) Use of sick leave shall be extended by the city for proper cause and concern
employee's future welfare as a city employee; and it is not an inherent right of the employee to be
absent from work. As such, identifiable misuse of sick leave shall be just cause for not extending
this benefit and abuse shall be just cause for dismissal.
) Individuals injured in the course of employment with another employer shall
eligible for use of sick leave accruals for the purpose of recovering from such situations.
Employees involved in such circumstances may be eligible for leave of absence provisions of
these rules and regulations.
) Except as may be provided in departmental rules and upon the approval of the
manager, employees who claim sick leave and are concurrently gainfully employed,
selfemployed or otherwise, shall not be eligible for sick leave; and if they are to remain
employed, must request, and have approved, a leave of absence without pay (provided that they
all eligible accruals
) Employees working in bona fide, full-time police and fire-fighting classifications
entitled to receive separate injury leave in addition to sick leave allocations provided the
employee is injured while performing assigned duties, as herein provided:
(1) Injury leave may be allocated
in renewable eighty (80) hour (or less) increments at the
discretion of the city manager (seventy-two (72) hour increments for fire department employees);
(2) To be eligible for injury leave
provisions, the injury must be fully documented within
one week of the actual occurrence pursuant to established on-the-job injury reporting
requirements. Failure to abide by this time deadline shall constitute disqualification from
eligibility for injury leave allocations;
(3) Before being eligible for injury
leave, the employee must submit a timely report of his
injury to the department head, if reasonably able to do so, and the department head will request
injury leave allocation by the city manager, provided the department head agrees with the request
by the employee. Until such time as injury leave may be allocated, the employee will use any
accrued sick leave, which may or may not be refundable depending upon circumstances
encountered, as determined by the city manager;
(4) Injury leave will be allocated
(if deemed appropriate by the city manager) only for
treatment and recuperation for a specific on-the-job injury, and not for incidental ailments which
may be identified in the course of addressing the job related injury;
(5) Injury leave will be immediately
revoked and repayment required through other accrued
leaves in the event the employee does not provide medical status information as required by the
city manager; and injury leave will likewise be revoked in the event the injury is determined to
have occurred other than on the job;
(6) The city manager shall reserve
the option to place the injured employee into a limited
capacity at whatever tasks the city manager deems appropriate, taking into account the extent and
nature of the disability. The individual's salary will be adjusted commensurate with the work
being performed, and the difference in salary may be made up (if the assignment is lower paid)
with injury leave so long as the city manager deems appropriate, at his discretion;
(7) Any reasonable suspicion of misuse
of injury leave or questions concerning the
authenticity of the injury's extent or occurrence, shall be cause for discontinuing the injury (or
any other) leave, requiring repayment for any injury days allocated, and shall also be cause for
disciplinary action up to and including dismissal;
(8) If an employee becomes eligible
for disability retirement, any and all injury days or
accrued sick leave days shall be cancelled;
provisions shall not be retroactive but shall be in effect only subsequent to
adoption by the city council.
) Sick leave buy back:
Eligibility. A permanent employee who, at the end of a fiscal year, has accumulated
unused sick leave equal to or in excess of the regular hours the employee normally works in a
twenty-six week period (for example, one thousand forty (1,040) hours for an employee on a
forty-hour workweek) shall be eligible to participate in the city's sick leave buy back program for
the following fiscal year. To be eligible a person must still be employed by the city on the first
day of the new fiscal year.
Buy back provisions. The city, upon the written request of an eligible employee, shall
buy back up to one hundred (100) percent of the total unused sick leave accumulated by the
employee during the preceding fiscal year which is in excess of the minimum required for
eligibility. For each hour of sick leave bought back by the city, the employee shall receive fifty
(50) percent of his hourly rate of pay in effect at the time that the sick leave buy back check is
written or, in the case of a former employee, the former employee's final rate of pay. The
employee's total accumulated sick leave time will be reduced by the number of hours of sick
leave sold back to the city.
Procedure. The deadline for eligible employees to make written requests for sick leave
buy back is November 15 of each year, unless extended by the city manager. Employees shall be
given at least four (4) weeks' notice of the deadline and the proper procedure for requesting sick
leave buy back. For good cause, the city manager may allow an employee to make a late request
for sick leave buy back.
Police and firefighters' injury leave. For purposes of calculating the amount of sick leave
which the city will buy back, the total unused sick leave accumulated by an employee during the
preceding fiscal year shall be reduced by the amount of any injury leave granted to the employee
by the city manager during the preceding fiscal year pursuant to subsection (p) of this section.
This provision reduces the amount of sick leave which the city will buy back from an employee.
It does not reduce the employee's accumulated sick leave.
Major illness. An employee who has participated in this program and who subsequently
uses all of the employee's accumulated sick leave may be granted, at the employee's request,
additional leave at one-half ( 1/2) of the employee's normal rate of pay, up to the number of hours
sold back to the city between October 1, 1988 and September 30, 2000, and at
of the employee's normal rate of pay on the number of hours sold back to the city
October 1, 2000
and September 30, 2009 and at one-half (1/2) of the employee's normal rate of
pay on the number of hours sold back to the city after October 1, 2009.
(Code 1964, § 22.755; Ord. No. 12104, § 1, 1-3-89; Ord. No. 13817 §
1, 9-20-93; Ord. No. 14208
§ 1, 9-19-94; Ord. No. 14617, § 1, 9-18-95; Ord. No. 15355, § 1, 9-15-97; Ord. No. 16191,
§ 1, 9-20-99; Ord. No. 16618, § 1, 9-18-00; Ord. No. 17016, § 1, 9-17-01; Ord. No. 18254,
§ 1, 9-20-04; Ord. No. 18710, § 1, 9-19-05; Ord. No. 19230, § 1, 9-18-06;
Ord. No. 19677, § 1, 9-17-07
Ord. No. 20064; § 1, 9-15-08; Ord. No. 20438, § 1, 9-21-09)