Section 19-130 Sick leave.
Prior to the adoption of Ord. 17016 on 09/17/2001, Section 19-130 read as follows.
(a) Sick leave shall be earned and accumulated by pay periods according to the
(b) Sick leave shall be granted to an employee only when the employee is unable
due to the reason because of personal sickness or injury; except that,
an employee shall be
granted sick leave for necessary medical, dental and optical examination and treatment, and for
counseling; provided that, 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). (See paragraph (j) of this section.)
(c) Temporary employees shall not be eligible for this benefit; and permanent
employees shall accrue leave on a prorated basis.
(d) An employee must be actually engaged in performing assigned duties or on
accrued paid leave to accumulate sick leave.
(e) Sick leave shall accrue from the date of appointment, but may not be used
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 there is a reasonable chance that the employee will be able to offset the
advance by future unused accruals of sick, vacation, other authorized leaves, and/or additional
work as soon as possible.
(g) On separation from the city's service, an employee shall not be entitled
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
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.
(j) Sick leave may be taken upon accumulation for the following reasons: Any
employee may contract; or any exposure to contagious disease he/she may experience in which
the health of others may be endangered by attendance at duty; or any city-connected disability;
and for emergency leave purposes. (See section 19-131, emergency leave.)
(k) 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.
(l) Employees shall notify their supervisor that they will be unable to work
before their normal
work day begins, pursuant to specific departmental rules concerning deadlines for such
(m) 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.
(n) 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.
(o) Except as may be provided in departmental rules and upon the approval of
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
have exhausted compensatory and vacation time).
(p) 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;
(9) Injury day provisions shall not be retroactive but
shall be in effect only subsequent to
adoption by the city council.
(q) Sick leave buy back:
(1) 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.
(2) 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/emergency 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
seventy-five percent (75%) 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.
(3) 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.
(4) 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.
(5) Major illness. An employee who has participated
in this program and who subsequently
uses all of
his the employees accumulated sick leave may be granted,
at his the employees
request, additional leave at one-half of his the employees normal rate
of pay, up to the number
of hours sold back to the city since
between October 1, 1988 and September 30, 2000, and at onefourth of the employees normal
rate of pay on the number of hours sold back to the city after October 1, 2000.
(Code 1964, § 22.755; Ord. No. 12104, § 1, 1-3-89; Ord. No. 13817 § 1, 9-20-93;
14208 § 1, 9-19-94; Ord. No. 14617, § 1, 9-18-95; Ord. No. 15355, § 1, 9-15-97; Ord.
§ 1, 9-20-99; Ord. No. 16618, § 1, 9-18-00)