Alameda Municipal Code § 25-2 Sick Leave

a. Salaried officials and regular employees of the City, in case of sickness or injury not arising as result of and in course of their employment, shall, after the completion of six (6) months of employment, be entitled to be absent from duty on sick leave with pay, during any twelve (12) month period, in accordance with the following schedule:

1. For not more than ten (10) working days during the first five (5) calendar years of employment;

2. For not more than fifteen (15) working days after five (5) calendar years of employment;

3. For not more than twenty (20) working days after fifteen (15) calendar years of employment.

Such annual sick leave entitlement shall be renewed as of each January 1 following completion of six (6) months of employment.

b. Extended Duty Period. For employees whose work week normally exceeds forty (40) hours, each twenty-four (24) hour duty period of such employees shall be deemed to equal two (2) working days for the purpose of computing sick leave under this section.

c. Cumulation of Sick Leave. In addition to the annual sick leave allowance provided for hereinabove, each such official and employee shall be credited with one (1) working day of sick leave for each month of employment thereafter; provided, however, that such time so credited shall not be used for any sick leave until such official or employee has completed six (6) months of continuous employment. Sick leave, credited in accordance with the foregoing, and unused, may be accumulated to a maximum of one hundred eighty (180) working days, and any sick leave validly taken by any such employee shall be first charged against the annual sick leave entitlement provided for hereinabove.

The unused portion, if any, of each such official's or employee's annual sick leave credit shall be added to the regular sick leave cumulation of one (1) working day per month, so long as the total cumulation does not exceed one hundred eighty (180) working days; provided, however, that such annual sick leave credit herein set forth shall be over and above the one hundred eighty (180) working days cumulation limit.

d. Exception; Leave Without Pay. Notwithstanding the preceding paragraph c., however, an employee while on leave of absence without pay for more than thirty (30) calendar days, granted pursuant to Section 14 of Ordinance No. 642 N.S., shall receive no such sick leave credit for the period of such excess leave of absence.

(Ord. No. 535 N.S. § 2-532; Ord. No. 1637 N.S.)

Any officer or employee of the City who sustains any injury or disability arising out of and in the course of his/her employment with the City, and by reason thereof becomes entitled to receive compensation under the provisions of the Workmen's Compensation Insurance and Safety Act of the State of California, or other State law or any ordinance of the City, shall be entitled to remain absent from duty, and to receive from the City, for each separate injury or disability while such injury or disability continues, but for not more than one (1) year, a sum equal to the difference between the amount of his/her salary and the amount of compensation allowed him/her under such act, law or City ordinance.

Nothing contained herein shall in any manner affect any of the provisions or rights relating to pensions for officers and employees of the Police and Fire Departments contained in other ordinances of the City.

(Ord. No. 535 N.S. § 2-533; Ord. No. 1604 N.S.)

Editor's note— Ord. No. 3133 N.S., § 1, adopted September 1, 2015, repealed § 25-2.4, which pertained to sick leave, certain part-time employees and derived from Ord. No. 1637 N.S.

No official or employee shall be entitled to sick leave with pay, as hereinbefore provided, unless he/she shall have complied with the following requirements:

a. Notice of sickness or injury on which claim for sick leave with pay may be based must be given immediately, unless it shall be shown not to have been reasonably possible to do, and that notice was given as soon as reasonably possible, after the commencement of disability from such sickness or injury, and in any event not later than the third day of such disability;

b. Such notice shall be given, or caused to be given, to the head of the department in which such person may be employed. Elective officers and officials or employees appointed by the City Council shall give notice to the City Clerk. The department head or City Clerk, as the case may be, to whom notice of sickness or injury is given shall transmit the notice to the Personnel Department upon such forms as it may prescribe.

c. The appropriate department head, or in the case of department heads the City Manager, or in the case of elected officers and officials or employees appointed by the City Council the City Council, may, and when sickness or injury exceeds five (5) working days shall, require the officer's or employee's sickness or injury to be certified to the City Physician by a certificate in writing signed by a duly licensed physician or surgeon, fully stating the nature and extent of such person's not able, by reason thereof, to perform the duties of his/her employment. Such certificate shall be in such form, and contain such information, as the City Physician may require. The phrase, five (5) working days, as used in this paragraph and in subsection 25-2.7, shall mean, for members of the Fire Department who work on a shift basis and whose duty week exceeds forty (40) hours, mean three (3) such shifts.

(Ord. No. 535 N.S. § 2-535; Ord. No. 1609 N.S.)

In the event sick leave extends for more than five (5) working days, an additional certificate of disability shall be required at least every five (5) working days thereafter during the continuance of such leave, unless in the opinion of the City Physician, because of the nature of the disability for which such leave is being taken, additional medical certificates are unnecessary.

(Ord. No. 535 N.S. § 2-537; Ord. No. 1609 N.S.)

At any time during the continuance of disability for which sick leave is requested by any person, the City Manager or his/her designee may require such person to submit to one or more medical examinations by the City Physician, and the refusal of such person to submit to such examinations shall bar such person from thereafter receiving sick leave with pay for such sickness or disability.

(Ord. No. 535 N.S. § 2-538; Ord. No. 2543 N.S. § 2)

No person shall be entitled to receive sick leave with pay while absent from duty on account of injury or disability resulting from:

a. Disability arising from any injury or sickness purposely self inflicted;

b. Injury or disability arising in the course of employment and caused by his/her serious and willful misconduct, as such terms are defined and interpreted under the Workmen's Compensation Insurance and Safety Act;

c. Injury or disability sustained while on leave of absence, other than on regular vacation leave;

d. Injury or disability arising out, or in the course of such person's employment, for a consideration, by any person or corporation other than the City;

e. Injury or disability sustained by a person while engaged in or as the result of having engaged in, the commission of a felony or misdemeanor;

f. Injury or disability arising out of, or in the course of such person's employment with the City.

(Ord. No. 535 N.S. § 2-539; Ord. No. 2009 N.S.)

a. Each employee, except those referred to in paragraph e. hereof, and each full time salaried officer, who has been continuously employed by the City for more than ten (10) years, shall upon termination of such employment for any reason other than discharge therefrom as a result of disciplinary action duly imposed by the City, be entitled to receive an amount of money, equal to one and two-tenths (1.2%) percent of his/her unused sick leave accumulated pursuant to this section, times his/her number of years of employment, times his/her daily salary rate; provided, however, that in no event shall such amount exceed thirty (30%) percent of the total of such employee's or officer's unused sick leave accumulation.

b. The amount of money paid or to be paid under this subsection shall not for any purpose whatsoever be deemed pay, salary or compensation in the calculation of present or future pension or retirement benefits.

c. This subsection is adopted in accordance with the terms of Memorandums of Understanding between the City and the following three (3) duly recognized employee associations, and shall become effective and implemented as of the date shown:

The City also has a Memorandum of Understanding with the International Brotherhood of Electrical Workers, Local 1245, a duly recognized employee organization which represents certain employees of City's Bureau of Electricity. All of the agreements mentioned in this paragraph were reached in accordance with the provisions of the "Meyers Milias-Brown Act" (Section 3500 and following, Government Code of California).

d. This subsection shall be effective and implemented on and after January 1, 1974, as to all full time salaried officers and employees of the City not represented by any of the employee associations mentioned herein.

e. By reason of the terms of the Memorandum of Understanding between the City and the International Brotherhood of Electrical Workers, Local 1245, the unused sick leave pay upon retirement benefits provided by this subsection, as set forth in paragraphs a., b., c., and d. hereinabove, shall not be available nor paid to the employees of the City's Bureau of Electricity represented by the organization, the International Brotherhood of Electrical Workers, Local 1245, and this section, except for this paragraph e., shall not be applicable to such employees.

(Ord. No. 1710 N.S.; Ord. No. 1768 N.S.)