[Ord. #659, S 1]
As used in this Section:
Shall mean paid leave granted to a Borough employee who because
of sickness or injury becomes disabled to a degree that makes it impossible
for him to perform the duties of his position or, who is quarantined
by a physician because he has been exposed to a contagious disease.
[Ord. #659, S 2; Ord. #811, S 1]
Full-time employees shall be eligible for sick leave in the
manner hereinafter set forth. Permanent part-time employees shall
be eligible for sick leave on a pro-rata basis. Temporary part-time
and seasonal employees shall not be eligible for sick leave. Unless
otherwise designated to the contrary, "employee" shall mean "full-time
employee." Full time employee is defined as an employee who regularly
works at least 35 hours per week.
[Ord. #659, S 3; Ord. #08-11, §§ 2—10]
a.
Each employee shall be entitled to sick leave on the basis of 15
days for each year. In the first year of employment, an employee shall
be entitled to sick leave on a pro-rata basis per month. An employee
who leaves the employ of the Borough during the calendar year voluntarily
or involuntarily shall be entitled to a pro-rata share based on the
number of months/weeks worked.
b.
Upon an employee's retirement from service with the Borough
and provided he is qualified for and is approved for benefits by the
Public Employees' Retirement System or Police and Firemen's
Retirement System under the Service, Deferred, Special, Early, Mandatory,
Ordinary Disability, or Accidental Disability Retirement programs
of either system, such employee shall be entitled to pay at the pay
rate for his position as of the date of retirement equivalent to 1/2
per full day of verifiable sick leave accumulated and not previously
used up to and including the first 90 days of such accumulated sick
leave and five-sixths (5/6) day per full day of verifiable sick leave
accumulated and not previously used in excess of 90 days of such accumulated
sick leave up to and including the one hundred eightieth (180th) day
of such accumulated sick leave. An employee shall not, upon retirement,
be entitled to any payment or credit for sick leave accumulated and
not previously used in excess of 180 days.
1.
Any eligible employee who retires on or before June 30, 2009 shall
be entitled to receive payment under this subsection based on the
employee's daily rate of pay at the time of retirement without
a monetary cap;
2.
Any eligible employee hired before January 1, 2000 who retires under
this subsection and who retires after June 30, 2009 shall be paid
for eligible sick leave in their daily rate of pay in effect as of
December 31, 2007 in a total amount not to exceed that total/value
amount they had as to their eligible sick leave as of December 31,
2007. Therefore, if their total sick leave value as of December 31,
2007, was $30,000, they could collect no more than $30,000 at the
time of eligibility to receive such payment.
3.
Any employee hired on or after January 1, 2000, who retires under
this subsection, shall not be eligible to receive payment for eligible
sick days in excess of $15,000.
c.
In the event of an employee's death prior to retirement such
employee's estate shall be entitled to pay at the rate for the
deceased employee's position as of the date of death equivalent
to 1/2 day per full day of verifiable sick leave accumulated and not
previously used up to and including the first 90 days of such accumulated
sick leave and five-sixths (5/6) day per full day of verifiable sick
leave accumulated and not previously used in excess of 90 days of
such accumulated sick leave up to and including the one hundred eightieth
(180th) day of such accumulated sick leave. An employee's estate
shall not be entitled to any payment or credit for sick leave accumulated
and not previously used in excess of 180 days.
1.
Any eligible employee who retires on or before June 30, 2009 shall
be entitled to receive payment under this subsection based on the
employee's daily rate of pay at the time of retirement without
a monetary cap;
2.
Any eligible employee hired before January 1, 2000 who retires under
this subsection and who retires on or after June 30, 2009 shall be
paid for eligible sick leave in their daily rate of pay in effect
as of December 31, 2007 in a total amount not to exceed that total/value
amount they had as to their eligible sick leave as of December 31,
2007. Therefore, if their total sick leave value, as of December 31,
2007, was $30,000 they could collect no more than $30,000 at the time
of eligibility to receive such payment.
3.
Any employee hired on or after January 1, 2000, who retires under
this subsection, shall not be eligible to receive payment for eligible
sick days in excess of $15,000.
d.
(Reserved)
e.
(Reserved)
f.
There shall be no limitation, except as may be provided by statute,
ordinance or other law, rule and/or regulation, as to the amount of
sick leave days an employee may accumulate and utilize during his/her
term of service, in accordance with the provisions of this Chapter.
However, the use of such sick leave shall be subject to discipline
for excessive absenteeism, patterned absenteeism and/or any other
violation the Borough may determine for abuse of sick leave.
[Ord. #659, S 4; Ord. #08-11, SS 11—13]
a.
When an employee is absent from work because of sickness, injury
or quarantine for more than five consecutive work days, his supervisor
shall require the employee, at the employee's expense, to submit
an acceptable medical certificate from a physician relating to such
illness, injury or quarantine.
b.
When an employee has been absent on sick leave for periods totaling
in excess of 10 days in one calendar year consisting of periods of
less than five consecutive work days, his supervisor shall require
the employee, at the employee's expense, to submit an acceptable
medical certificate from a physician before approving any additional
sick leave in that calendar year.
c.
An employee's supervisor may require medical proof of an employee's
incapacity whenever an employee is on sick leave provided the requirement
appears reasonable and demand for such proof is timely made. In such
event the employee shall produce such proof. If satisfactory medical
proof is produced, Borough shall reimburse employee the reasonable
expense of obtaining same.
d.
Abuse of sick leave shall be cause for disciplinary action.
e.
An employee who intends to take sick leave shall notify his/her supervisor
of such intention as soon as is reasonably possible under the circumstances,
but no later than 15 minutes prior to the start of the employee's
work day. An employee on sick leave shall notify his supervisor of
his place of recuperation and shall permit his supervisor or his supervisor's
designee access and entry to such place during the continuance of
sick leave.
f.
An employee shall submit to such medical examinations as shall be
required by his Department Head. In any such case in which a medical
examination pursuant to this paragraph is required, the cost of such
examination shall be borne exclusively by the borough.
[Ord. #659, S 5]
Accumulated sick leave may be used by an employee for personal
sickness, injury, quarantine, or for the sickness or injury of a member
of his immediate family, provided, however, sick leave used because
of sickness or injury of a member of an employee's immediate
family shall be limited to five days per calendar year.
a.
IMMEDIATE FAMILY
Definition. As used in this Section:
Shall mean an employee's spouse, children, minor children
over whom employee has custody, parents or other relatives by blood
or marriage of the employee and who are actually residing in and are
members of the employee's household.
[Ord. #659, SS 6-7; Ord. #08-11, § 14]
a.
Absence Not Charged Against Employee's Sick Leave. Absence from
employment caused by personal injury, incapacitating an employee to
a degree that makes it impossible for the employee to perform the
duties of his position shall not be charged against the employee's
accumulated or anticipated sick leave if such personal injury was
caused by accident arising out of and in the course of the employee's
employment with the Borough.
b.
WORK RELATED INJURY
Definition. As used in this Section:
Shall mean a personal injury caused by accident arising out
of and in the course of an employee's employment with the Borough.
c.
Decision by the Division of Workmen's Compensation on Appeal.
A decision by the Division of Workmen's Compensation or court
of competent jurisdiction on appeal that an injury is or is not compensable
under the Workmen's Compensation Act shall be conclusively binding
on the Borough and the employee that the injury is or is not work
related. A decision by the Division of Workmen's Compensation
or court of competent jurisdiction on appeal as to the duration of
temporary disability shall be conclusively binding on Borough and
the employee as to the duration of disability.
In the event of a temporary disability, of lesser duration than
the Workmen's Compensation Act waiting period, the decision of
the Borough's Workmen's Compensation insurance carrier to
pay any benefits, including medical expenses, shall be conclusively
binding on the Borough and employee that the injury is or is not work
related.
d.
Irrespective of the provisions above, sick leave shall be charged
to an employee for the first seven work days of the injury pursuant
to the Borough's temporary disability policy. If the employee
qualifies for temporary disability and/or workers compensation, he/she
shall have said sick leave restored. Additionally, travel to and from
the Borough shall not constitute employment under this Chapter for
eligibility under this subsection. Claims under the provisions of
this subsection must be made, in writing, to the Borough as soon as
possible after the work related injury has occurred, but no later
than the close of the next business day after the work related injury
has purportedly occurred.
[Ord. #659, S 8; Ord. #08-11, S 15]
An employee sustaining a work related injury disabling him/her
to perform the duties of his/her position, shall, during the period
of such disability and such period is limited by statute, be entitled
to leave with full pay without such leave being charged against accumulated
or anticipated sick leave provided; however, the employee will be
obligated to expend seven sick leave days prior to the eligibility
for such pursuant to the Borough's temporary disability policy.
Furthermore, any payments made to the employee by worker's compensation
or disability on a temporary or permanent benefits basis while the
employee is receiving pay from the Borough shall reimburse the Borough
with such monies or the Borough shall deduct such amounts from the
full pay the employee receives. If the employee qualifies for temporary
disability and/or workers compensation, he/she shall have said sick
leave restored. In the event the employee shall have received benefits
from the Borough under this subsection in excess of the period of
time ultimately determined by the Division of Workmen's Compensation
or court of competent jurisdiction on appeal as to the duration of
temporary disability, the employee shall reimburse the Borough in
full amount of any excess payments. In the event there shall be a
disagreement between the employee and the Borough over the duration
of temporary disability caused by work related injury which such disability
shall be for a period less than the Workmen's Compensation Act
waiting period for temporary disability benefits, such disagreement
shall be resolved through the grievance procedure in effect for the
employee's department.
[Ord. #596, S 7; Ord. #08-11, S 16]
All employees appointed or hired on a full time basis by the
Borough and whose salary is fixed by ordinance or collective bargaining
agreement shall be retired at the applicable age in accordance with
law.
[Ord. #08-11, S 17]
a.
An
employee who is entitled to vacation leave under any provisions of
the Borough Code, any Borough ordinance and/or any Borough resolution
shall not be entitled to carry over more than one full year's
vacation entitlement into the following calendar year. Said carryover
must be approved by the Administrator in writing prior to the carry
over. If the carried over vacation is unused in the following year,
the leave shall be forfeited.
b.
Any
employee who has accumulated vacation leave as of December 31, 2007
and who has been employed by the Borough on or before December 31,
2007 shall be entitled to be compensated for unused accumulated leave
time at the employee's daily rate as of December 31, 2007 and
capped at the amount of days/pay as of December 31, 2007 shall be
eligible for payment for eligible employees. An employee entitled
to payment for vacation is defined as an employee who retires under
an applicable retirement provision pursuant to PFRS/PERS or resigns
voluntarily or dies while employed. Disciplinary termination and/or
involuntary resignation or conviction of a crime deems an employee
ineligible for payment of accumulated vacation time.
