Alhambra Municipal Code Ch. 2.54 Illness and Sick Leave

Each appointive officer and employer of the city, other than safety service fire and police employees, who has been continuously, employed for six or more months as a permanent or probationary employee shall be entitled to receive sick leave credit of one working day sick leave with full pay for each calendar month of permanent and probationary service, together with such additional leaves of absence with pay as the City Council may grant to any individual officer or employee in cases of hardship and merit. Except as otherwise provided by state law with respect to employees on temporary military leave of absence, if an employee is absent from work without pay for more than ten working days in any 30-day period, he shall lose one month's sick leave credit for such absence. If an employee is absent from work without pay for not more than ten working days in any 30-day period, he shall not lose any sick leave credit on account of absence.

(A) Any appointive officer or employee other than safety service fire and police employees shall be entitled to use any sick leave credit he may have accumulated when he is compelled to be absent on account of illness for which he is not entitled to compensation under workmen's compensation law except as provided for in § 2.54.020 of this chapter.

(B) An appointive officer or employee other than safety service fire and police employees may use sick leave credit only if he certifies to his department head in writing that he was sick or injured and indicates the nature of his illness or injury. If requested by the department head or the City Manager, such officer or employee shall submit a doctor's written certification stating the nature of the illness or injury. Sick leave credit shall be used at the rate of one day's sick leave credit for each working day's absence on account of illness or injury except as provided for in § 2.54.020 of this chapter.

('86 Code, § 2.54.010) (Ord. 3377, passed - - ; Am. Ord. 3458, passed - - ; Am. Ord. 3575, passed - - ; Am. Ord. 3680, passed - - )

Each safety service fire or police employee of the city who has been continuously employed for six or more months as a permanent or probationary employee shall be entitled to receive sick leave credit of one working day sick leave with full pay for each calendar month of permanent and probationary service, together with such additional leaves of absence with pay as the City Council may grant to any such individual officer or employee in cases of hardship and merit. Except as otherwise provided by state law with respect to employees on temporary military leave of absence, if an employee is absent from work without pay for more than ten working days in any 30-day period, he shall lose one month's sick leave credit for such absence. If an employee is absent from work without pay for not more than ten working days in any 30-day period, he shall not lose any sick leave credit on account of absence.

(A) Any safety service fire or police employee of the city shall be entitled to use any sick leave credit he may have accumulated when he is compelled to be absent on account of illness for which he is not entitled to compensation under workmen's compensation law except as provided for in § 2.54.020 of this chapter.

(B) A safety service fire or police employee may use sick leave credit only if he certifies to his department head in writing that he was sick or injured and indicates the nature of his illness or injury. If the absence exceeds one hour and if requested by the department head or City Manager, such employee shall submit a doctor's written certification stating the nature of the illness or injury and that the illness or injury incapacitated the employee from the performance of his duties for the full period of absence. Sick leave credit shall be used at the rate of one day's sick leave credit for each working days absence on account of illness or injury except as provided for in § 2.54.020 of this chapter.

(C) For Fire Department employees who work on a shift basis, 12 hours shall constitute a working day as used in this section and a shift is defined as a 24-hour period commencing at 8:00 a.m. on one calendar day and ending at 8:00 a.m. on the following day.

('86 Code, § 2.54.011) (Ord. 3680, passed - - )

Monetary compensation shall be paid in lieu of or for unused sick leave as provided in this section.

(A) On December 31 of each year, commencing December 31, 1970, any appointive official or employee who has, on such date, accumulated a minimum of 100 days of sick leave credit may elect to receive monetary compensation at his or her then current pay rate in lieu of sick leave credit in the maximum amount of one-half of his or her unused allowable sick leave for that calendar year, but not to exceed a maximum six days' compensation for such calendar year. Such monetary compensation shall not, however, exceed one-half of the total number of days of such person's accumulated sick leave in excess of 100 days.

(1) For purposes of computation of mone-tary compensation hereunder, all sick leave used in any calendar year shall be charged against sick leave credit accrued for that calendar year.

(2) There shall be deducted from such official's or employee's accumulated sick leave credit the number of days of sick leave for which compensa-tion is paid.

(3) Effective January 1, 1985, an individual need not be in the employ of the city on December 31 of a calendar year in order to be eligible to receive the distribution as described herein, provided that the individual has completed his or her work schedule for the calendar year.

(B) Any appointive official or employee who has been in the employ of the city for 15 years of continuous permanent service or more shall, upon service or disability retirement, be entitled to monetary compensation for a portion of his or her accumulated unused sick leave credit, computed as follows:

(1) One percent of his or her accumulated unused sick leave credit (up to a maximum of 100 days) shall be multiplied by the number of his or her completed years of service (up to a maximum of 25 years), and the resulting amount shall be multiplied by his or her then current daily compensation rate. Such compensation shall in no event exceed 25 days' pay.

(2) Accumulated sick leave credit shall be lost permanently when the employment of any official or employee is terminated for any reason other than service or disability retirement.

(3) Such monetary compensation for sick leave shall be payable only once to any one official or employee even if he or she should later be reemployed by the city.

(C) For purposes of computation under divisions (A) and (B) above, only complete unused days of sick leave shall be considered, but monetary compensation payable therefor shall include payment for fractions of days. For example, if an employee has 5€-days' unused allowable sick leave in a calendar year, only five days shall be considered and the employee shall be entitled to monetary compensation for 2½ days.

('86 Code, § 2.54.012) (Ord. 3499, passed - - ; Am. Ord. 3992, passed - - )

In addition to the sick leave benefits set forth in §§ 2.54.011 and 2.54.012 of this code, commencing with the 1993-94 fiscal year, those appointed officers and employees, other than safety service fire employees, with no sick leave usage in any one fiscal year shall be credited with eight hours of personal leave for that year. Any such personal leave day so earned shall be credited on July 1 of the following fiscal year. Personal leave time may be accrued up to a maximum of not to exceed 40 hours. Police non-sworn employees may accrue up to a maximum of not to exceed 80 hours. Each department head shall control the scheduling of personal leave days for his or her employees, subject to the approval of the City Manager. No monetary compensation shall be paid for any unused personal leave days to any affected employee upon his or her retirement or termination.

('86 Code, § 2.54.013) (Ord. 3941, passed - - ; Am. Ord. 4264, passed 1-24-94)

Compensation for injuries sustained in city service.

(A) If any regular, full-time city employee, other than those entitled to benefits under Section 4850 of the Labor Code of the State of California, is disabled by injury or illness arising out and in the course of his duties, he or she shall become entitled, regardless of his or her length of service with the city, to leave of absence while so disabled, with salary, at the rate of 80% of his or her regular base pay, for the period of the disability but not exceeding six months, commencing with the first day of absence from work after the date of injury on account of the injury or illness. Any regular, full-time city employee who receives worker's compensation benefits for any portion of the six-month period shall be obligated to, and shall, pay all worker's compensation benefits for any portion of the six-month period to the city.

(B) Any regular, full-time employee regulated by division (A) above, may, at his or her election, receive full salary during his or her continued period of temporary disability after the expiration of the six-month period as provided for therein by charging accrued sick leave time, accrued vacation time and/or accrued overtime to the difference between the worker's compensation benefits he or she receives and his or her full salary. The payment by the city to the employee of the difference between his or her worker's compensation benefits and his or her full salary shall result in pro rata reduction of accrued sick leave time, accrued vacation time and/or accrued overtime available to the employee in increments of the closest half-hour.

('86 Code, § 2.54.020) (Ord. 3377, passed - - ; Am. Ord. 3575, passed - - ; Am. Ord. 3993, passed - - )

If, for any period of time not exceeding one year, an employee is absent from his employment by reason of his injury or illness, he shall continue to earn sick leave and vacation credit so long as he shall be entitled to city pay for his absence. He shall not earn sick leave or vacation credit during any portion of his absence for which he is not entitled to city pay, nor shall he earn sick leave or vacation credit for any portion of his absence in excess of one year, whether or not he shall be entitled to city pay therefor.

('86 Code, § 2.54.030) (Ord. 3377, passed - - )

The City Manager may grant time off with full compensation to:

(A) Any member of the fire department assigned to 24-hour duty shifts of not to exceed two shifts, and

(B) Any other officer or employee of the city of not to exceed three days in the case of death of any person related to any such officer or employee in any of the following degrees of consanguinity or affinity:

Spouse

Child

Parent

Grandparent

Brother or sister

Grandchild

Stepbrother or Stepsister

Stepparent

Stepchild

Father-in-law or mother-in-law

Brother-in-law or sister-in-law

Daughter-in-law or son-in-law

The following, if related by blood:

Uncle or aunt

Nephew or niece.

('86 Code, § 2.54.040) (Ord. 3377, passed - - ; Am. Ord. 3585, passed - - ; Am. Ord. 3774, passed - - )

In any case of a medical emergency within the immediate family of an employee, such employee shall, upon a showing to the satisfaction of the City Manager that a bona fide medical emergency exists within such employee's immediate family and that it is necessary for such employee to attend to members of his immediate family by reason of such medical emergency, be authorized and permitted to use not to exceed three days of his accumulated sick leave for such purpose. The term “immediate family” as used herein shall be deemed to mean and include the following: spouse, child, parent, brother or sister. The privilege provided for in this section shall be exercised on more than one occasion in any one calendar year only after the prior submission to the City Manager of a written report from a licensed physician deemed by the City Manager to substantiate each such additional medical emergency.

('86 Code, § 2.54.050) (Ord. 3532, passed - - )