All City employees, except emergency employees, regularly and
continuously employed in their positions for at least 30 days, except
uniformed members of the Police and Fire Departments and employees
of the School Department, shall be entitled to sick leave with full
pay in accordance with the provisions of this division.
A leave of absence granted under this division shall be known
as "sick leave" and shall be granted for the following reasons and
to the amount of sick leave available, unless otherwise restricted:
A. Personal illness or physical incapacity to such an extent that the
employee shall be unable to perform the duties of his position.
B. Attendance upon members of the family within the household of the
employee whose illness requires the care of such employee, provided
that not more than seven working days with pay shall be granted to
such employee for this purpose in any one calendar year.
C. Enforced quarantine when established and declared by the Department
of Health or other competent authority.
D. Attending a funeral service of a member of his family outside of
the state. When an employee attends such a funeral service, he shall
be granted additional time equal to that time necessary for return
travel.
E. Death of other relatives; provided that in such cases the leave with pay shall be for not more than one day to permit attendance at the funeral of such person, except as provided in §
50-153.
[Amended 12-14-1993 by Ord. No. 1993-29]
A. Employees shall receive a total of three consecutive working days
off, exclusive of regular days off, from regular duties with full
pay in case of death in the immediate family. In the case of employees
of the Jewish faith, such leave shall be for the actual period of
mourning observed, but not to exceed seven days from the date of burial.
B. The immediate family shall consist of a mother, father, husband,
wife, child, brother, sister, mother-in-law, father-in-law, brother-in-law,
sister-in-law, grandparents or other members of the immediate household.
Effective on July 1, 1993, the immediate family shall also include
step-family members, where step-family members reside or did reside
in the same household as the employee.
Sick leave credit for employees as set forth under this division
shall be 1 1/2 working days for each completed calendar month
of service, including the probationary period. Such credit, when not
used, shall be cumulative over the period of employment.
[Amended 8-22-2000 by Ord. No. 2000-23]
A. A sick leave bank for use by eligible members of the union covered
by this division who have exhausted their own sick leave and who have
serious illness shall be established.
B. Effective July 1, 1980, members of Local 3177 covered by this division
shall each contribute, on a voluntary basis, one of their total annual
days of sick leave to the sick leave bank. Such day shall be deducted
from each union member's annual days of sick leave. When the total
number of sick leave days so contributed is determined, the employer
will match such number of days by contributing the same number of
days of sick leave in order to initially fund the sick leave bank.
The employer shall contribute to the sick leave bank only during the
first year of its maintenance.
C. The sick leave bank shall be administered by a sick leave bank committee
consisting of four members. Two members shall be designated by the
employer to serve at its discretion, and two members shall be designated
by the union to serve at its discretion. If any issue pending before
the sick leave bank committee cannot be decided because of a tie vote
of the committee, the committee members shall mutually designate an
additional temporary member of the committee, who shall serve upon
the committee for the sole purpose of voting upon such pending issue.
D. The sick leave bank committee shall determine eligibility for the
use of the bank and the amount of sick leave to be granted. The following
criteria shall be used by the committee in administering the bank
and in determining eligibility and amount of leave:
(1) Adequate medical evidence of serious illness.
(2) Prior utilization of all eligible sick leave, vacation and personal
days, if any.
(3) Length of service to the employer.
E. The initial grant of sick leave by the sick leave bank committee
to an eligible employee shall not exceed 30 days.
F. Upon completion of the thirty-day period, the period of entitlement
may be extended by the sick leave bank committee upon demonstration
of hardship by the applicant.
G. If the sick leave bank is exhausted, it shall be replenished by the
contribution of one additional day of sick leave by each member of
the union who initially contributed to the sick leave bank. Such additional
day shall be deducted from each union member's annual days of sick
leave. The sick leave bank committee shall determine the time when
it becomes necessary to replenish the sick leave bank.
H. A sick leave bank for members of the Fall River Employees' Association
shall be operated in accordance with the contract.
Sick leave with pay shall not be granted to any employee for
absence caused by dissipation, immoral conduct or injury received
through gross negligence of the employee.
All employees entitled to sick leave under MGL c. 41, § 11IB,
shall be credited with accumulated earned sick leave credited to them
on the effective date of the ordinance from which this division is
derived. All other employees who are not governed by sick leave
regulations shall be credited with five days' sick leave for each
calendar year of service with the City upon the passage of the ordinance
from which this division is derived, not to exceed 75 days.
Permanent part-time and permanent intermittent employees shall
be granted and allowed to use sick leave credit in the proportion
that the hours worked by them bears to the total hours per week normally
worked by the department or division in which they are employed.
Sick leave will not be allowed unless notification is given
to the department head by the employee, his family, or his family
physician within a reasonable period after the time scheduled to start
work. Otherwise, sick leave shall not begin until after such notification
has been received.
An employee who is out on sick leave for three working days
may be required after the third day to submit a written medical certificate
from a physician which supports the employee's absence.
All department heads shall keep a complete record of sick leave
granted and shall make notations on the weekly payroll of any sick
leave granted during the week; and in computing sick leave, the department
head shall take into consideration only those days on which an employee
is required to report for work. Sundays, holidays or other days on
which the employee would not normally be required to work shall be
disregarded.
When an employee is transferred to or accepts a position in
another department, any unused sick leave accumulated to his credit
shall continue to be available for his use as necessary; and the department
head shall transfer all records regarding sick leave to the employee's
new department head.
Employees receiving compensation under the provisions of the
Worker's Compensation Law may draw on accumulated sick leave while
it lasts to make up the difference in the regular weekly pay of an
employee while receiving payments under worker's compensation, and
such information shall be noted on the weekly payroll and on the employees'
sick leave record.
[Amended 8-22-2000 by Ord. No. 2000-23]
Except as otherwise provided by §
50-165 or
50-168, no right of action shall accrue to any employee or his heirs as a basis for recovery of pay for any unused sick leave. Except as otherwise provided by §
50-165 or
50-168, death or separation from service shall terminate any and all rights under this article for any such unused sick leave.
[Amended 12-14-1993 by Ord. No. 1993-29; 12-13-1994 by Ord. No.
1994-37; 8-22-2000 by Ord. No. 2000-23]
A. There shall be a severance benefit pertaining to sick leave upon
either retirement, termination for other than cause, or death while
in the employ of the City payable in accordance with the schedule
set out in this section.
B. As of January 1, 1973, the lesser of 10 days or the actual number
of days of sick leave accumulated shall be allowed as paid days off
from work prior to separation from employment.
C. As of January 1, 1974, the lesser of 20 days or the actual number
of days of sick leave accumulated shall be allowed as paid days off
from work prior to separation from employment.
D. As of October 14, 1993, a lump sum payment for the lesser of 35 days
or the actual number of days of sick leave accumulated shall be paid
at the time of separation from employment.
E. In the event of death while in the employ of the City, the allowance
provided for in this section shall be converted into the form of a
cash payment to the estate of the employee.
F. The benefits allowed under this section shall apply to employees
represented by Local 3177.
There shall be a severance benefit pertaining to sick leave
upon either retirement and/or termination other than for just cause
for those positions covered by the Massachusetts Nurses Association,
payable in accordance with the following schedule:
A. As of July 1, 1976, such person shall receive payment for the first
10 days of unused sick leave in full, and 1/2 of additional unused
sick days up to a maximum of 30 days.
B. Effective July 1, 1979, a nurse who terminates employment shall receive
payment in full for the first 15 days of unused sick leave and payment
at the rate of 1/2 day's pay for each additional day of unused sick
leave, to a maximum of 30 days.
Willful violation of any of the rules and regulations promulgated
under the provisions of this division, or the willful making of any
false report regarding sickness or the making of a false claim for
sick leave, shall subject the employee chargeable therewith to restitution
and disciplinary action.
[Added 8-22-2000 by Ord. No. 2000-23]
A. There shall be a sick leave bank for the benefit of eligible full-time employees covered under §§
50-301,
50-309, and
50-310. "Eligible employees" shall be defined as those without a specific term of office.
B. The method of contribution to the sick leave bank shall be on a voluntary
basis and eligibility for withdrawal from this bank shall be limited
to contributors. Employees covered by this section shall have 30 days
from passage of this section to elect to join the bank. Employees
who join will initially contribute one sick day each. After initial
passage, new members may be admitted on January 1 of each year by
contributing a day to the bank. Whenever the number of sick days in
the bank is below 100 days as of January 1 of each year, members shall
be asked to contribute an additional day to remain in good standing.
At any time when the number of days falls below 15 days, members will
contribute one additional day.
C. The sick leave bank committee shall be composed of three members.
One member shall be appointed by the Mayor and two members shall be
elected by the eligible employees who are members of the sick leave
bank. The mayoral appointee shall serve at the pleasure of the Mayor
and the elected members shall serve for a term of three years from
the date of election. Elections shall be held as soon as possible
after passage.
D. Members wishing to make use of the sick leave bank shall make application
through a member of the committee, who shall schedule a meeting as
soon as possible to determine the disposition.
E. Members shall have exhausted or expect to exhaust their sick leave
prior to making application to the sick leave bank committee. Medical
evidence shall be required in order to determine eligibility. Medical
evidence shall include, but not be limited to, letters of documentation
from physicians.
F. A majority vote of award of sick leave credit cannot exceed 30 days
per application. The affected member may apply again if the sick leave
granted is expected to be exhausted. Additional sick leave in increments
up to 30 days may be granted. Each grant to an individual shall require
a separate meeting.
G. Grants of sick leave shall be in writing and addressed to the employee,
with a copy sent to the employee's department.
[Added 8-22-2000 by Ord. No. 2000-23]
A. There shall be a severance benefit for eligible full-time employees covered under §§
50-301,
50-309, and
50-310 pertaining to sick leave upon either retirement, termination for other than cause, or death while in the employ of the City payable in accordance with the schedule set out in this section.
B. Effective July 1, 1999, up to 45 days' buy back of accrued sick days
as a lump sum payment or paid time off, plus a buy back of 2% of all
accrued sick days above 45 days.
C. Effective July 1, 2000, up to 50 days' buy back of accrued sick days
as a lump sum payment or paid time off, plus a buy back of 2% of all
accrued sick days above 50 days.