§ 2-95. Leave.

(a)

Eligibility of full-time employees; types of leave enumerated. Full-time employees shall be eligible for annual leave, sick leave, family and medical leave, civil leave, funeral leave, military leave, education leave, maternity leave, and leave of absence without pay, as provided in this section.

(b)

Annual leave. Annual leave is leave with pay granted to a full-time employee for the purpose of rehabilitation, restoration and maintenance of work efficiency, or transaction of personal affairs. For the first six years of full-time employment, each employee shall be credited with 12 days of annual leave on his employment anniversary date. Each employee with between seven and 14 years of service as a full-time employee shall be credited with 15 days of annual leave annually on his employment anniversary date. Each employee with over 14 years of service as a full-time employee shall be credited with 18 days of annual leave annually on his employment anniversary date. An employee may not carry over or accumulate annual leave from one employment anniversary date to another except as provided under rule VIII, section 1.3(a), (b), (c) of the Municipal Employees Civil Service Rules and Regulations. Annual leave may be taken as earned by an employee with the approval of the employee's department head. However, annual leave is permissive and may be denied by the employee's department head or the mayor when conditions are such that the ordinary work of the city could not be performed adequately if annual leave were granted. Annual leave may not be taken in less than one-half-day increments. The mayor or authorized department head may require an employee, other than a police officer, to take annual leave whenever in his administrative judgment such action would be in the best interest of the city. The chief of police may require police personnel to take annual leave whenever in his administrative judgment such action would be in the best interest of the city. No employee shall be granted any annual leave not credited to the employee's account at the time the absence occurs. Upon termination, all annual leave accrued by an employee for which he is not paid upon termination shall be canceled.

(c)

Sick leave. Sick leave is leave with pay granted a full-time employee who is suffering with a disability which prevents him from performing his usual duties and responsibilities or who requires medical, dental or optical consultation or treatment. After an employee's first full-time employment anniversary date, sick leave may also be used for immediate family. For this purpose, the term "immediate family" includes spouse, child, grandchild, mother, father, grandparent, mother-in-law, father-in-law, brother and sister. Sick leave with pay is not a right, which an employee may demand, but a privilege granted by the city. Leave from work with pay may be charged as sick leave if the absence is due to sickness, bodily injury, quarantine, required physical or dental examination or treatment, or exposure to a contagious disease when continued work might jeopardize the health of others. All such absences except those resulting from intemperance or immorality shall be charged against the sick leave credit of the employee. Sick leave credits accumulated by each employee as of the effective date of Ordinance No. 918 shall be retained. Each full-time employee shall earn sick leave at the rate of one workday for each month worked. However, no employee may accumulate more than 12 days of sick leave per year. The mayor shall determine when a doctor's certificate is required and under what conditions certificates are required. Department heads shall be responsible for the application of this provision so that there will be no abuse of sick leave privileges. Employees who resign or who are dismissed from employment shall not be paid for any accrued sick leave and all such sick leave shall be canceled with the exception of retirement. Upon notification to the appointing authority of his intention to retire, an employee may, at his election, use accrued sick leave (not to exceed 120 days) towards extension of his retirement date. The employee would receive sick leave pay until the accrued dates are used at which time his retirement would become effective.

(1)

The minimum requirements for retirement must be met prior to election of this plan.

(2)

The employee's rate of pay, for the period of time equal to his unused sick leave, shall be fixed as of the date of election of this plan.

(3)

The employee shall not be entitled to pay raises which occur during this period under this plan.

(4)

The employee shall not earn additional sick or annual leave under this plan (leave on leave).

(5)

The employee must notify the appointing authority 30 days prior to the start of using accrued sick days to extend retirement date.

The mayor or authorized department head may place an employee, other than a police officer, on sick leave when the employee asserts the need to be absent from the workplace because of the employee's illness or injury. The chief of police may place personnel on sick leave when the employee asserts the need to be absent from the workplace because of the employee's illness or injury. No employee shall be granted any sick leave not credited to the employee's account at the time the absence occurs.

(d)

Family and medical leave. Each eligible employee under the federal Family and Medical Leave Act of 1993 must substitute accumulated annual leave and sick leave for any part or all of the weeks of leave to which the employee is entitled under that act. An employee on family and medical leave shall report periodically during the leave period on his leave status and intention to return to work. An employee who has taken family and medical leave shall provide a certificate signed by a doctor to support his claim for leave for his own serious health condition or to care for a seriously ill child, spouse, or parent. If the leave is due to the employee's own medical condition, the certificate must also include a statement that the employee is unable to perform the functions of his position. If the leave is to care for a seriously ill child, spouse, or parent, the certificate must include an estimate of the amount of time the employee is needed to care for the child, spouse, or parent. The city may require a second medical opinion and periodic recertification at its own expense. If the first and second opinions differ, the city, at its own expense, may require the binding opinion of a third health care provider, approved jointly by the city and the employee. If an employee takes such leave on an intermittent or on a reduced leave schedule that reduces the employee's usual number of hours worked per week or per workday, the city may require the employee to transfer temporarily to an alternative position which better accommodates the leave than the employee's regular position, provided that the position has equivalent pay and benefits. An employee who takes such leave to care for a newborn child or a child which has been placed with the employee for adoption or foster care may not take leave intermittently or on a reduced leave schedule unless the city and the employee agree to such an arrangement.

(e)

Civil leave. An employee shall be given time off without loss of pay, annual leave, or sick leave when:

(1)

Performing jury duty.

(2)

Summoned to appear as a witness before a court, grand jury, or other public body or commission, provided that for purposes of this provision a plaintiff or defendant shall not be considered a witness. Nor does this provision apply to an employee summoned as a witness as a result of employment other than municipal employment.

(3)

Performing emergency civilian duty in relation to national defense.

(4)

The mayor determines that he is prevented by an act of God from performing duty.

(5)

The mayor determines that because of local conditions or celebrations it is impracticable for employees to work.

(6)

The employee is ordered to report for preinduction examination incident to possible entry into the military forces of the United States.

(7)

The employee is a member of the National Guard and is ordered to active duty incident to local emergency, act of God, civil or criminal insurrection, civil or criminal disobedience, or similar occurrences of an extraordinary and emergency nature which threatens or affects the peace or property of the people.

Employees may keep all fees received from jury duty in addition to regular compensation. Police officers may not receive or keep any witness fees for appearing in mayor's court in connection with their official duties while on duty.

(f)

Funeral leave. An employee may be granted time off without loss of pay, annual leave or sick leave when attending the funeral or burial rites of a mother, mother-in-law, father, father-in-law, husband, wife, son, daughter, brother, sister, aunt, uncle, grandparent, grandchild, brother-in-law or sister-in-law; provided, however, that such time off shall not exceed three days on any one occasion. If additional time is needed, an employee may revert to annual leave.

(g)

Military leave. An employee who is a member of a reserve component of the Armed Forces of the United States is entitled to military leave with pay when placed on military active duty for training by order of an authority of the Armed Forces of the United States and when given constructive credit for such training. The maximum military leave with pay for military active duty for training is ten working days per calendar year. An employee may apply for but shall be required to take annual leave or compensatory leave for military purposes. However, the employee shall be entitled to leave without pay for a period of up to 90 consecutive calendar days:

(1)

When ordered to military active duty.

(2)

When placed on military active duty for training.

(3)

When placed on military training duty and the maximum authorized military leave with pay has been exhausted or is not authorized.

Military active duty means full-time duty in the active military service, other than military active duty for training. Military active duty for training means full-time paid duty in the active military service for training purposes. Military training duty includes active and inactive duty for training such as annual two-week summer encampments and cruises, weekly and weekend drills or training meetings, attendance at service schools for refresher training or the upgrading of military skills, field exercises, and the like.

(h)

Education leave. A leave of absence at full or part pay must be granted by the mayor and board to permit a full-time employee to take courses of study which will better equip the employee to perform his duties for the city.

(i)

Maternity leave. Absence from work caused by pregnancy, childbirth or related medical conditions is considered to be a temporary disability which prevents an employee from performing the usual duties associated with employment. An employee may take up to six weeks of sick leave for maternity reasons, unless a doctor certifies, in writing, that an extended amount of time is needed due to medical causes. If accrued sick leave is exhausted, and additional leave is needed due to illness or disability, annual leave may be used, subject to the approval of the appropriate department head.

(j)

Leave of absence without pay. Leave of absence without pay means time off from work without pay granted by the mayor, or authorized department head, or imposed by the mayor, or authorized department head, for an unapproved absence. The mayor, or authorized department head, may extend leave of absence without pay to any employee for a period not to exceed six months, provided that such leave shall not prolong the period of his appointment.

(Code 1958, § 2-30; Ord. No. 943, 3-9-98)