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a.All Full-Time and Regular Part-Time employees shall be provided paid sick leave as set forth below.

b. Sick Leave Accrual.

1.Full-time employees shall accrue sick leave credits at the rate of eight (8) hours per month or major portion thereof; except that fire operations personnel shall accrue such credits at the rate of 12 hours per month or major portion thereof. Regular Part-Time employees shall accrue sick leave credits at the rate of six (6) hours per month of major portion thereof. (Ord. 3280 §1, 2000)

2.Employees shall accrue sick leave and be permitted to use such accrued leave upon employment for the permitted uses in 12.02.c.

3.All Full-Time and Regular Part-Time employees may accrue sick leave without limitation. (Ord. 3280 §1, 2000)

c. Sick Leave Usage.

1.Accrued sick leave may be used, at any time, for any bona fide illness of, or injury to an employee, and, under certain circumstances, for critical illness or death as provided in paragraph e., and for family sick leave as provided in paragraph d. Such leaves may also be used for medical and dental appointments in accordance with paragraph f. Sick leave must be used in accordance with the provisions of the salary continuation plan when applicable.

2.When utilizing the sick leave benefit, the employee shall notify the immediate supervisor, in accordance with departmental regulations and rule 11.01(b).

3.Where the period of absence due to illness or injury is not known at the outset, it shall be the responsibility of the employee to remain in contact with the immediate supervisor, on a daily basis if deemed necessary by the supervisor.

4.Usage of sick leave shall be charged to the employee’s balance on an hour-for-hour basis in one-fourth (1/4) hour increments or in accordance with current law

d. Family Sick Leave.Up to 40 hours of accrued sick leave hours may be used each calendar year to care for and attend to a spouse, principal domestic partner, child, stepchild, parent, parent-in-law, or a close relation residing in the employee’s household, unless a different amount of leave time is specified in the employee’s memorandum of understanding or benefits resolution. (Ord. 3273, 2000)

e. Family Member Critical Illness/Death.

1.All employees may be authorized to use up to 32 hours of accrued sick leave per calendar year to visit or care for a critically ill family member; and to use up to 40 hours of such leave per calendar year for the death of a family member or close relation. The maximum combined allowable use of sick leave for the above purposes shall not exceed seventy-two (72) hours in any calendar year for a single family member. The annual allotments available to fire operations shall be 33.6 shift hours for critical illness and 56 shift hours for bereavement. The maximum combined allowable use of sick leave by a fire operations employee for the above purposes shall not exceed 89.6 shift hours in any calendar year for a single family member.

2.At the department head’s discretion, the employee may be required to provide evidence that the leave was used for the purposes intended by this section.

3.For purposes of determining the use of sick leave for critical illness and death of a family member, the following definition shall be used: The employee’s spouse, principal domestic partner, child, parent, brother, sister, grandparents, parents-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, step-parents, step-siblings, step-children, step-grandparents or grandparents-in-law.

f. Medical/Dental Appointments.Accrued sick leave may, with department head approval, be used for medical and dental appointments of the employee where it is infeasible to schedule them on the employee’s own time.

g. Sick Leave Abuse.

1.Sick leave abuse shall mean: “Any use of sick leave, for purposes other than those identified in this section.” Sick leave abuse may subject the employee to disciplinary actions.

2.When the department head has reason to suspect that an employee has abused sick leave benefits, the department head may require that employee to file a personal affidavit or physician’s affidavit stating the cause of the absence. The department head, at their discretion, may establish methods of verification as deemed appropriate. These means may include, but are not limited to, examination by a physician selected by and paid for by the City. If an employee is required to be examined by a physician selected by the City, the employee will be paid for the time, if off duty, and will be given reimbursement for mileage to attend the examination.

3.The payment of sick leave may be suspended or curtailed by the City Manager where there is evidence that absences taken on a given day or days are the result of a concerted action on the part of two or more employees which is related to a labor dispute with the City directly, or one in which the City is involved as a third party. Sick leave may be restored when proof is provided that the sick leave was taken as provided in these Rules.

h. Sick Leave in Advance of Accrual.An employee may be granted sick leave in advance of accrual subject to the following conditions:

1.Employee must exhaust all available leaves that provide for paid status.

2.Use of advanced sick leave will require department head approval, and may require employee documentation.

3.Advanced sick leave will only be authorized during periods of a pandemic or other similar emergency situation as designated by the City Manager.

4.Employee would not qualify for advanced sick leave if the employee’s illness qualifies for paid disability, workers’ compensation and/or catastrophic leave.

5.Employee may exceed the family sick leave limit of 48 hours per calendar year (72 hours for sworn fire) for the care/illness of an immediate family member. However, the employee must utilize all available paid leaves before any advanced sick leave is granted.

6.Family medical leave may run concurrently with advanced sick leave if the illness qualifies as a serious health condition under the federal Family Medical Leave Act and/or the California Family Rights Act.

7.Under no circumstance can an employee have a negative sick leave balance that exceeds 40 hours for full time (56 hours for sworn fire) and 30 hours for regular part-time.

8.If, upon leaving City service, the employee has a negative sick leave balance, the balance of the negative hours shall be applied against any eligible paid leave. If no eligible leave is sufficient to cover the negative hours, the employee’s final paycheck shall be reduced to cover the difference.

i. Family Sick Leave for Catastrophic Illness or Injury.Up to 480 hours of accrued sick leave may be used each calendar year to care for and attend to an immediate family member for a catastrophic illness or injury. All other leave banks must be exhausted before this additional sick leave can be utilized. If other accrued leaves are utilized, the combined total of leaves used cannot exceed 480 hours. An immediate family member is defined as a spouse, child, parent, or registered domestic partner. For purposes of this section, the definitions contained in Labor Code section 233 for “child” and “parent” shall apply. A catastrophic illness or injury is defined as a life threatening or debilitating illness or injury that is expected to incapacitate the employee’s immediate family member that requires the employee to be absent from work, for an extended period of time. The illness or injury must be anticipated to extend longer than sixty (60) calendar days in a twelve (12) month period, as certified by a medical doctor. (Ord. 3486 § 1, 2013; Ord. 3439 § 1, 2009)