Accruals

Sick leave accrual shall begin accruing upon the employee's date of hire. Regular full-time employees shall accrue sick leave at the rate of 8 hours for each calendar month of employment, or 96 hours per year, up to a maximum of 720 hours. Regular part time budgeted employees shall accrue sick leave proportionate to the full-time rate in effect based on their hire date. Effective for all employees hired on or after October 1, 2021, only those part-time employees who are budgeted for 16 (.40 FTE) hours or more per week are eligible to accrue sick leave. 

Leave Eligibility

Sick leave may be granted to employees for absences due to:

• Incapacitation by illness or injury, which prevents the performance of duties.
• Medical, dental, or optical treatment or examination.
• Exposure to contagious disease, where the presence of the person at their post of duty would jeopardize the health of others.
• Treatment or consultation for mental illness.
• Rehabilitation or therapy for alcoholism, drug addiction, or any other addictive condition which is dangerous to the employee's health.
• Immediate family member illness. Immediate family is defined for purposes of this Section as the employee's father, mother (father and mother include in loco parentis relationships), spouse, child (adopted or foster), or stepchild.

Employees who request leave or are found to have used sick leave for absences that do not meet this criteria may be subject to disciplinary action based on the severity of the event. The leave may also be considered unapproved leave without pay if determined justified by the Department Director.

Scheduling

An employee should notify his supervisor as soon as he knows that he will be unable to work, but no later than fifteen minutes prior to the starting time of the employee’s work day. An employee must notify his supervisor on each day of absence unless other arrangements are approved by supervision. Failure to provide notice of an absence without proper justification may result in the time away from work being designated as unapproved, unpaid leave and may also result in disciplinary action. Partial day absences shall be charged in increments of quarter hours.

Changing Jobs

When an employee moves into another position that is eligible for benefits, all accrued leave hours shall transfer to the new position for the employee's use.

Accruals While on Leave

Employees will continue to accrue leave while on approved vacation, sick, or Workers’ Compensation leave. Employees will not accrue during periods of unpaid leave. Accruals will cease when an employee exhausts all his personal accrued leave balances. If an employee remains out of work, Departments must submit an action notice to Human Resources stopping accruals when an employee’s personal leave balances have been exhausted.

Excessive Leave

Employees may be counseled for excessive use of unplanned sick leave if the employee calls in sick in excess of five (5) days in a calendar year excluding leave covered by FMLA and Workers’ Compensation. The Department Director will determine the number of days that are to be considered excessive for those employees who work anything other than a 40 hour work week, five days per week. A Department Director or designee may require medical certification for the remainder of the calendar year for any sick leave used in excess of five (5) unscheduled days that is not documented as an FMLA or Workers’ Compensation covered leave. 

Incentive

Employees hired prior to January 1, 2011, shall be eligible for a 50% sick leave to vacation leave conversion (2 sick leave hours for 1 vacation leave hour). This conversion will take place no later than the 15th of December of each year. Due to this conversion, employees may be afforded the ability to carry any excess vacation leave over the maximum accrual at the end of the year if approved by the presiding Department Director due to staffing requirements. Employees hired on or after January 1, 2011 are not eligible for the sick to vacation leave conversion.

Coordination with Workers' Compensation and FMLA

While on FMLA, employees receiving wage supplements (disability or Workers’ Compensation benefits) are not required to use their accrued sick leave. However, following the expiration of the twelve-week FMLA period, employees who have accrued sick leave must use their accrued leave. Sick leave with pay and Workers' Compensation benefits will at no time exceed 100% of the employee's regular salary. 

Absences of More than Three Work Days

When an employee is out of work on sick leave for more than three (3) consecutive work days, whether the leave is personal, family, or Workers’ Compensation, the Department must notify Human Resources in writing of the absence as it may be covered by the FMLA. Email notification is preferred. 

Upon returning to work, an employee who has been absent from work for a personal reason for more than (3) consecutive working days, and is granted sick leave for this absence, is required to provide a doctor's certification releasing the employee to work. The doctor’s certification must identify any work restrictions. The employee may provide this to their supervisor if the leave was for a personal reason and no work restrictions are necessary. The Department is required to send the notification to Human Resources. If no work restrictions are assigned the employee may immediately be returned to work. However, if the release includes work restrictions, the employee must provide the release to Risk Management for a review of the restrictions. 

In addition to an absence that exceeds three days, employees who are treated in the Emergency Room, who are admitted as a patient into a hospital, or who undergo an outpatient medical procedure must provide Risk Management a return to work clearance if work restrictions are issued by the treating physician. Employees with restrictions are not authorized to return to work until cleared by Risk Management.

For absences from work to care for an immediate family member who is ill, the employee shall provide information to Human Resources that supports the use of sick leave and Human Resources will review eligibility for an FMLA designation.

Retirement Buyback

Upon retirement (entering DROP or separation), eligible employees hired prior to January 1, 2011, may receive payment for all or any portion of their sick leave at the payout rate of 50% less required lawful deductions. Employees entering DROP are not required to cash out their sick leave. Those who elect a payout when entering DROP will begin accruing sick leave after this distribution and will receive a 25% payout at final separation for any remaining unused sick leave. Participation in the Retirement Buyback is subject to the following terms:

• The employee notifies his Division Manager or Department Director in writing two weeks prior to the last day of employment.
• The employee must meet the criteria for normal retirement and have completed eight (8) full years of continuous service with the City.
• There shall be no sick leave buyback at retirement for employees hired on or after January 1, 2011.

Absence Notifications

When absent due to sick leave for himself or a family member, it is the employee’s responsibility to inform supervision and provide an update about his leave status and anticipated return to work. Failure to do so may result in disciplinary action up to and including dismissal from employment.

Separation and Dismissal From Employment

There shall be no payout for unused sick leave when separating employment except for the following reasons: (1) separation due to retirement – see retirement buyback, (2) involuntarily separation due to medical reasons - the employee shall receive payment for 50% of his sick leave balance, and (3) death of an active employee - 100% of the employee’s accrued sick leave shall be payable upon the death of an active employee. Payment will be made in accordance with City’s Separation Policy. 

Employees may not use their accrued leave balances to extend a separation date except when the absence falls under the Family/Medical Leave Act (FMLA). An action notice for employee separation due to resignation, retirement, or dismissal from employment must reflect the last day the employee was physically at work or the date an employee who is approved for an FMLA absence is either determined unable to return to work or is ultimately dismissed.