Sick leave with pay is a privilege rather than a right of employment
and is provided only to relieve hardship occasioned by loss of pay in time
of illness. Accumulated sick leave shall not be allowed as leave upon retirement
or termination of employment.
A.
"Sick leave" means paid leave that may be granted to
each full-time Borough employee who, through sickness or injury, becomes incapacitated
to a degree that makes it impossible for him or her to perform the duties
of his or her position or who is quarantined by a physician because he or
she has been exposed to a contagious disease. Sick leave must be earned before
it is used.
B.
Temporary, seasonal or part-time employees are not eligible
for sick leave.
C.
All absence due to illness or disability shall be reported
immediately, by or for the employee, to his or her department head with an
indication of the expected duration. Department heads shall report all absence
due to illness or disability to the Borough Administrator.
A.
Full-time employees who have completed at least one year
of satisfactory continuous service shall be entitled to 1.25 sick days for
each month worked in each calendar year.
[Amended 6-24-2002 by Ord. No. 2002-4]
B.
Full-time employees who have worked less than one year
shall be entitled to one sick leave day with pay for each month worked, up
to a maximum of 10 during the first calendar year.
C.
Unused sick leave automatically accumulates with each
year of completed continuous service, up to a maximum of 145 days, except
that when accumulated sick leave falls below 145 days, sick leave may be subsequently
accumulated at the rate of 15 days per year until the one-hundred-forty-five-day
maximum is reached. In unusual cases of prolonged illness, additional days
of sick leave may be granted with the approval of the Mayor and Council. The
smallest unit to be used in computing sick leave shall be 1/2 day.
[Amended 10-10-1995 by Ord. No. 95-9]
D.
For nonunion employees, unused sick leave automatically
accumulates with each year of completed continuous service. In unusual cases
of prolonged illness, additional days of sick leave may be granted with the
approval of the Mayor and Council. The smallest unit to be used in computing
sick leave shall be 1/2 day.
[Added 9-15-2003 by Ord. No. 2003-11]
A.
Sick leave with pay shall be allowed, provided that the
employee's illness or disability is, in the opinion of a physician of
the Borough's choice, the result of events or acts beyond the employee's
control and provided that the employee:
B.
Every absence on account of sickness or disability in
excess of three working days must be certified by a written statement from
the attending physician. An employee will not be permitted to return to work
unless a doctor's certification stating that employee may return to work
is provided. In the event that restrictions are placed upon the employee's
return to work, the Borough Administrator shall determine if the employee
may return to work. The Borough reserves the right to have the employee examined
by a physician of the Borough's choice at any time and certified as fit
for duty before returning to work, regardless of the length of absence. During
protracted periods of illness or disability, the Borough may require interim
reports on the condition of the employee from the attending physician or from
a physician of the Borough's choice. Such reports shall be submitted
to the Borough Administrator and maintained by him on a confidential basis.
[Amended 10-10-1995 by Ord. No. 95-9]
[Amended 10-10-1995 by Ord. No. 95-9; 6-10-1996
by Ord. No. 96-4]
A permanent employee, hired prior to May 15, 1996, shall be entitled
to five personal leave days with pay per year under conditions of § 73-25A
through E. A permanent employee, hired after to May 15, 1996, shall be entitled
to three personal leave days with pay per year under conditions of § 73-25A
through E.
A.
Personal leave days may be used only for emergencies,
personal business or observance of religious or other days of celebration
and may not be used for vacation.
B.
Notification of the request shall be at least 24 hours
in advance except in the case of an emergency.
C.
The granting of a personal leave day shall be consistent
with the needs of the department.
D.
Any unused personal days may be carried over into the
next year and used as vacation not to exceed five days.
E.
The smallest unit allowed to be used in computing personal
leave absence shall be one-half (1/2) day.
A.
With pay.
(1)
Any pregnant employee who requests a maternity leave
of absence shall be required to apply in writing to the Borough Administrator,
as Personnel Officer, for such leave. The request should be made as soon as
the employee has received medical proof that she is pregnant. The employee
shall advise the Borough Administrator, as Personnel Officer, six weeks in
advance of the requested leave date. Permanent employees shall be entitled
to utilize any accumulated sick leave during the time prior to the expected
date of childbirth and for a period thereafter but not to exceed 90 days in
total. The request for the leave shall be accompanied by a written medical
statement that the date of the requested commencement of the leave of absence
will not be harmful to the health or well-being of the employee. In the event
that a doctor, designated by the employer, advises the Borough Administrator
that the employee is incapable of continuing her duties, the Borough may then
demand commencement of the leave at a time earlier than requested. The Borough
may consider granting, in extenuating circumstances, additional use of sick
leave upon presentation of a doctor's statement setting forth the necessity
therefor.
(2)
Employees who have vacation leave or unused personal
days or sick leave may use such time for maternity purposes. No employee shall
be required to return in less than 60 days from the date of delivery of the
child. In the event that normal conditions attendant upon pregnancy and birth
do not prevail, the employee may apply to the Borough Administrator for permission
to return to her position prior to the termination of the period for which
the leave is granted. A medical certificate shall be presented verifying the
employee's ability to return to her regular duties. The Borough must
approve any maternity leave in writing, designating the term of the leave
and a return date for the employee to return to work. If any employee fails
to return to work on the termination of the leave, the employee will be considered
as having resigned.
B.
Without pay. Permanent employees who have no earned or
have exhausted their vacation leave, unused personal days or sick leave may
be granted a maternity leave absence not to exceed 90 days upon recommendation
by the Borough Administrator and approval of the Borough Council. Employees
may return to work prior to the expiration of their approved leave of absence,
with the approval of the Borough and upon presentation of a doctor's
certification of their ability to perform all the duties of the job. If any
employee fails to return to work on the termination of the leave, the employee
will be considered as having resigned.
A.
Leave of absence, except for certain essential positions,
may be granted for compelling reasons for a period not to exceed six months
with the approval of the Mayor and Council upon the recommendation of the
Borough Administrator. Such leave shall be taken without pay but shall not
be construed as constituting a break in service. All employee benefits shall
be suspended for the duration of leave. Employees may, however, at their option,
preserve employee benefits for the duration of any approved leave by paying
the Borough, in advance, the total cost, including the Borough's share,
of such employee benefits for the period of approved leave but not greater
than 180 consecutive calendar days.
B.
Family and medical leave.
[Added 10-10-1995 by Ord. No. 95-9]
(1)
An employee employed for the Borough at least six months
immediately preceding the leave is eligible for family and medical leave (FMLA)
up to 12 weeks within a twenty-four-month period in accordance with the following
guidelines:
(a)
Birth or adoption leave. After an employee has exhausted
all accrued vacation leave and personal leave, an employee shall be entitled
to 12 weeks unpaid FMLA leave. In the event that both spouses are employed
by the Borough, a maximum combined leave for both spouses is 12 weeks within
a twenty-four-month period.
(b)
Leave for physical or psychological care for a child,
spouse, or parent. After an employee has exhausted all accrued vacation leave
and personal leave, an employee shall be entitled to 12 weeks unpaid FMLA
leave to provide physical or psychological care for a child, spouse or parent.
In the event that both spouses are employed by the Borough, a maximum combined
leave for both spouses is 12 weeks within a twenty-four-month period if providing
care for a parent. If leave is taken to care for a child or spouse, both employees
are entitled to 12 total weeks of leave within a twenty-four-month period.
(c)
Employee sickness. After an employee has exhausted all
accrued vacation leave, personal leave and sick leave, an employee shall be
entitled to 12 weeks unpaid FMLA leave.
(2)
During FMLA leave, health care benefits will continue.
The Borough and the employee will continue to pay their customary portions
of the monthly premiums.
(3)
Certification of the need for FMLA leave is required.
The following information must be obtained from the health care provider and
made available to the Borough:
Military leaves of absence without pay shall be granted as required
in accordance with existing state and federal law with respect to periods
of time and reemployment rights.
A.
Employees who are summoned for service as grand or petit
jurors are required to provide their immediate supervisor with a copy of the
summons so that arrangements may be made to be excused on the days they are
required to be present in court.
B.
Permanent employees shall receive their regular rate
of pay as a Borough employee less amount received for jury pay.
