Santa Ana Municipal Code § 9-164 Extended

Sick leave is construed to mean absence because of an illness that will prevent the employee from performing the duties of his or her position or exposure to a contagious disease requiring retention in quarantine. Sick leave granted for purposes other than illness of the employee concerned shall be included in the sick leave authorized in section 9-163.

(Code 1952, § 2263; Ord. No. NS-277, § 2, 9-3-57; Ord. No. NS-2232, § 1, 9-19-94)

Sick leave shall not be considered as a right which an employee may use at his discretion, but shall be allowed only in case of necessity and actual sickness or disability.

(Code 1952, § 2257; Ord. No. NS-277, § 2, 9-3-57; Ord. No. NS-2232, § 1, 9-19-94)

An employee shall be entitled to one (1) day of sick leave for each full calendar month of service during which he or she is employed by the city with pay; provided, however, any absence on sick leave for a period in excess of fifteen (15) consecutive calendar days shall not be considered as service for sick leave accrual purposes.

(Code 1952, § 2259; Ord. No. NS-277, § 2, 9-3-57; Ord. No. NS-2232, § 1, 9-19-94)

The maximum total accumulation of sick leave with pay shall be two hundred (200) working days. Sick leave usage of less than a full day shall be charged in minimum increments of one-quarter (¼) day. For the eight (8) hour working day the minimum charge shall be two (2) hours, with fractional usage rounded upward to the next higher multiple of two (2).

Uniformed members of the fire department assigned to the twenty-four (24) hour shift schedule, whose standard work unit is a twelve (12) hour day, shall be charged sick leave at the rate of one (1) day for each twelve (12) hour absence. For these employees, the minimum sick leave increment of one-quarter (¼) day is three (3) hours, with fractional usage rounded upward to the next higher multiple of three (3). In those cases when an employee is transferred between twenty-four (24) hour shift and normal five (5) day work week schedules, the employee's earned sick leave, which is accrued in hours, shall be converted to agree with the number of working hours per day in the currently assigned schedule.

(Pers. Rules, § 2260; Ord. No. NS-277, § 2, 9-3-57; Ord. No. NS-794, § 1, 4-5-65; Ord. No. NS-1003, § 2, 2-16-70 ; Ord. No. NS-1094, § 2, 11-15-71; Ord. No. NS-1137, § 1, 10-2-72; Ord. No. NS-2232, § 1, 9-19-94)

Editor's note— Ord. No. NS-1137, § 1, amended § 9-163 to read as herein set out. Sec. 2 of said ordinance provided that said amendment "… shall become effective on December 1, 1972 and shall not apply prior to said date". For the provisions effective through November 1972, see the legislation cited in the history note passed prior to October 2, 1972.

The city manager may grant leave up to six (6) months without pay to an employee who has exhausted all of his or her accrued sick leave if the city physician or a licensed physician designated by the city manager indicates that the employee will be sufficiently recovered to return to his or her employment within a six (6) month period. Prior to the expiration of the additional time, the employee may return to his or her position provided that he or she has a certificate from one of the above mentioned physicians stating that the employee is able to perform all the duties of his or her position without qualification. In addition to the above, the city manager may grant a further extension not to exceed a total of one (1) year without pay.

(Code 1952, § 2261; Ord. No. NS-277, § 2, 9-3-57; Ord. No. NS-2232, § 1, 9-19-94)

After an employee's sick leave has been exhausted he/she may be granted permission to take any earned vacation he/she may have accrued.

(Code 1952, § 2264; Ord. No. NS-277, § 2, 9-3-57; Ord. No. NS-2232, § 1, 9-19-94)

The employee taking sick leave shall notify his/her department head either prior to or within four (4) hours after the time set for beginning his/her duties, or as otherwise established by departmental regulations. When the absence is more than three (3) consecutive working days, the employee shall present to his/her department head a physician's certificate stating the cause of illness and that, in his/her opinion, the employee could not report to work because of such illness or injury and that the employee is sufficiently recovered to safely return to work. Such certificate shall be transmitted to the executive director of human resources with the report of the return of the employee to work.

(Code 1952, § 2262; Ord. No. NS-277, § 2, 9-3-57; Ord. No. NS-1094, § 2, 11-15-71; Ord. No. NS-2232, § 1, 9-19-94; Ord. No. NS-2946, § 3, 6-5-18)

No employee shall be entitled to sick leave with pay while absent from duty because of sickness or injury purposely self-inflicted or caused by willful misconduct; or, sickness or disability sustained while on leave of absence without pay; or sickness or disability sustained while engaged in employment other than employment by the city, for monetary gain or other compensation, or by reason of engaging in business or activity for monetary gain or other compensation.

(Code 1952, § 2265; Ord. No. NS-277, § 2, 9-3-57; Ord. No. NS-1094, § 2, 11-15-71; Ord. No. NS-2232, § 1, 9-19-94)

(a) This section applies to any full-time, regular employee who is compelled to be absent from duty as a result of any injury or disease which comes under the State of California Workers' Compensation Insurance and Safety Act (referred to hereinafter as the "Act"), and is deemed compensable; except that this section shall not apply to any such employee who is entitled to leave of absence without loss of salary under California Labor Code § 4850.

(b) Except as otherwise provided in subsection (c) of this section, industrial injury compensation will be paid at a rate equivalent to one hundred (100) percent of the employee's normal gross salary for all full work days lost, for a period or periods equal in total to not more than six (6) months and occurring during a twelve-month period commencing with the initial date of absence due to the injury or disease. The twelve-month period may be extended to eighteen (18) months by the employee's appointing authority if the appointing authority determines that the city can accommodate the employee's return to work in a limited hour capacity of twenty (20) hours or more per week, if the employee obtains a release for such limited work from a physician designated by the city, and if the employee does return to work on such basis. In such event, absences for less than a full work day shall be eligible for industrial injury compensation pursuant to this subsection.

(c) Sick leave shall be applied to the absence of the employee as follows:

(1) Except as otherwise provided in subsection (c)(3) of this section, deduction shall be made from the employee's accumulated sick leave for the first three (3) days that the employee is absent due to an injury or disease compensable under the Act unless the period of such absence equals or exceeds fourteen (14) days. In the event the period of such absence does equal or exceed fourteen (14) days, sick leave shall be reaccredited to accrued sick leave, and all days absence due to such injury or disease which had been accounted as sick leave shall be converted to industrial injury leave.

(2) If the employee has no accumulated leave, it shall be advanced and deduction shall be made from any subsequently earned until the total amount advanced has been recovered. If the employee should leave the employment of the city prior to recovery of the sick leave advanced, adjustment shall be made of any final paycheck, if practicable.

(3) In the event that the injury or disease results in immediate hospitalization, no sick leave will be applicable and industrial injury leave will commence immediately.

(d) Any period of time during which an employee is required to be absent from his or her position by reason of an injury or disease for which the employee is entitled to receive compensation shall not be considered a break in his or her continuous service for the purpose of his or her right to salary adjustments, sick leave, vacation, or seniority.

(Code 1952, § 2266; Ord. No. NS-277 § 2, 9-3-57; Ord. No. NS-994, § 1, 12-1-69; Ord. No. NS-2232, § 1, 9-19-94)

Upon retirement, an employee who meets the following conditions is eligible for payment for a portion of the unused sick leave which he or she has accumulated: (1) the employee has been credited for retirement purposes with a minimum of ten (10) years of cumulative service with the City of Santa Ana; and (2) retirement under the city's contract with the Public Employees' Retirement System of the State of California shall be a service retirement, as distinguished from a disability retirement. Such employee shall be entitled to payment for one-third (⅓) of the total sick leave benefit credited to his or her account upon his or her effective date of retirement and at the rate of pay, effective on that date. The maximum limit for this payment shall not be affected by changes in the maximum limit of sick leave accumulation as set forth in section 9-163 herein, and shall remain fixed at one-third (⅓) of one hundred sixty (160) (or 53.33 days).

Payment may be received in either a lump sum amount; or by request of the employee, payment may be deferred and distributed in equal proportions on an annual basis for a period of up to five (5) years. A lump sum payment shall be made to the beneficiaries of any eligible employee whose death occurs while an active employee of the city in the amount of one-third (⅓) of the total sick leave benefit credited to the employee's account at the time of his or her death and at the rate of pay effective on that date.

(Ord. No. NS-1111 § 1, 3-20-72; Ord. No. NS-1137, § 1, 10-2-72; Ord. No. NS-2232, § 1, 9-19-94)