Section 19-130 Sick leave.
Prior to the adoption of Ord. 16618 on 09/18/2000, 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 an employee only when
the employee is unable to perform
duties due to the reason of personal sickness or injury; except that, an employee shall be granted
sick leave for necessary medical, dental and optical examination and treatment; 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 part-time
employees shall accrue leave on a prorated basis.
(d) An employee must be actually engaged in performing assigned
duties or on authorized
accrued 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 does not
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 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
, 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 illness an
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 for the
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 not be
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 the city
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 may be
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:
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/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.
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 his accumulated sick leave may be granted, at his request, additional leave at one-half
of his normal rate of pay, up to the number of hours sold back to the city since October 1, 1988.
(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)