[Adopted 10-23-1989 by L.L. No. 5-1989
as Ch. 39, Art. I, of the 1989 Code]
A. Except as otherwise provided by law or labor agreements,
sick leave with and without pay shall hereafter be allowed in accordance with
this article, but not otherwise.
B. It is hereby declared to be the purpose of this article
in relating to sick leave to protect, as far as is consistent with good employment
policies, both the interests of the taxpayer and of the Village as an employer
and of the Village appointive officers, department heads and employees who,
in the course of their work, are absent from duty because of personal illness,
physical disability, exposure to contagion or death or illness in the immediate
family. Absence from duty for such reasons, if duly granted by the Mayor,
department head or Board of Trustees, as hereinafter provided, shall be considered
and known as "sick leave."
An appointive officer, department head or employee of the Village of
Endicott may be absent from duty on account of sickness or disability, as
aforesaid, if leave for such absence is granted by the Mayor or, in the case
of an employee, by the department head having supervision over such employee,
and any sick leave so granted shall be reported by every department head to
the Board of Trustees as hereinafter provided. No appointive officer, department
head or employee shall receive any part of his or her compensation while absent
from duty because of illness or disability except as herein provided.
Any appointive officer, department head or employee of the Village of
Endicott may be granted sick leave with pay up to one working day a month
or 12 working days in any calendar year on account of personal sickness or
personal physical disability. Such sick leave with pay shall be granted by
the Mayor or, in the case of any employee under the supervision of a department
head, by such head. Such sick leave with pay shall be granted only when it
appears to the satisfaction of the Mayor, department head or Board of Trustees
that the person is so sick or disabled as to render his or her working detrimental
to his or her health or recovery.
If the 12 working days per calendar year hereby allowed and granted
to each such appointive officer, department head and employee for such sick
leave with pay are not taken or used in any calendar year, the amount or number
of days not so taken or used may be accumulated from year to year and used,
if needed, up to a total of 150 working days.
Any appointive officer, department head or employee who has accumulated
sick leave time with pay, as hereinbefore provided, by virtue of employment
or service after the first day of July 1943, may, during such sickness or
disability, be granted sick leave with pay to the extent of the unused sick
leave time which he or she has accumulated, but no sick leave with pay shall
be granted to any such person in excess of 150 working days.
Any appointive officer, department head or employee, upon being granted
sick leave with pay as aforesaid, shall receive full compensation at the regular
rate for the time of such sick leave with pay not exceeding, however, the
accumulated and unused sick leave time with pay credited to any such person.
In computing the time for any sick leave with pay, every such appointive
officer, department head and employee shall be deemed to work or to have worked
six days per calendar week, and absence from duty under sick leave with pay
shall use up accumulated sick leave with pay at the rate of six days per calendar
week. (As used in this section, a "calendar week" shall be deemed to be any
period of seven consecutive days.)
Any appointive officer, department head or employee who is necessarily absent from duty because of the serious illness or death of an immediate member of his family may be granted sick leave with pay for not to exceed three working days in any calendar week (see §
49-7 for "calendar week"); provided, further, that the Mayor or head of the department may allow further absence with pay not to exceed 15 additional working days. The term "immediate member of his family" shall be interpreted to mean any person living as a member of the family in the same household or related by blood or marriage and living under the same roof; except, however, in case of death, "immediate member of his family" shall be interpreted to mean any member of the family closely related by blood or marriage.
Any appointive officer, department head or employee isolated or quarantined
because of exposure to a communicable disease, other than in the line of duty,
shall, for the purpose of this article, be considered absent because of sickness
and may be granted sick leave with pay during such isolation or quarantine
to the extent of his or her accumulated and unused sick leave time.
A. Disability leave.
(1) Any employee who anticipates undergoing a state of disability,
such as but not limited to hospitalization or medical treatment, may apply
for a leave of absence based upon the anticipated disability according to
the provisions stated as follows. In all such instances an approved leave
of absence must be granted before the leave is begun.
(2) Any employee who desires to continue working during the
period of time when the disability has been identified, up to the day the
disability prevents the performance of required duties, shall be allowed to
work, provided that the member produces a physician's statement asserting
that said person is physically/medically capable of performing all duties
required, up to and including the date when work is to cease. In the event
that situations develop which contradict the original physician's statement,
then a physician designated by the Trustees shall be asked for an evaluation.
(3) In no case shall the Village be obligated to permit an
employee anticipating a state of disability to continue in the performance
of duties when the established performance has declined substantially or is
declining at a rapid rate. Said decision shall be at the discretion of the
employee's physician.
(4) The employee requesting a disability leave shall indicate
in writing the anticipated date when the leave is to commence and the anticipated
date when the leave is to end following recovery from the disability.
(5) The employee who has been on disability leave and who
desires to return to duty following recovery from the disability must produce
a physician's statement stating that the employee is capable of resuming
duties expected in the Village and will be allowed to return to duty when
a position is available in the appropriate civil service title.
(6) In ordinary circumstances, as determined by a physician,
an employee who has undergone hospitalization or home confinement shall be
expected to resume duties on a full-time status within five days of the date
of release from hospitalization or home confinement. Extension of leaves for
disability reasons may be granted. The employee must make application, and
the disability must be verified by a physician. Said extension request will
list the date the employee is to return to work. Before returning to work,
a physician's statement authorizing a return to full-time duty will be
required. These provisions shall not impose an obligation to grant or extend
a leave beyond the fiscal year (June 1 to May 31) in which the leave was taken.
B. Child-care leave.
(1) Any employee, regardless of sex, shall have the right
to apply for a leave without pay for child-care purposes.
(2) In cases where both husband and wife are workers in this
Village, only one of the pair shall be entitled to leave.
(3) The application for child-care leave must be made upon
termination of the pregnancy or when the child becomes a member of the family
unit.
(4) Child-care leave may be granted for a period of time
up to the end of the fiscal year in which the leave began. Upon application,
an extension of one year may be granted. An employee who has been granted
a child-care leave, upon returning to duty, may be assigned to any position
in the Village within the civil service title held.
C. Benefits and other economic factors.
(1) Benefits will not accrue during the period of time the
employee is on leave.
(2) Wage increases given to other employees during the period
of time the employee is on leave will not be added to the employee's
base rate. Wage changes will be based upon the increase given to employees
in the period of time which covers the last active work time of the employee
on leave.
(3) Health insurance benefits will be maintained by direct
payment of all premiums by the employee during the time of the leave.
(4) Any other benefits will neither be increased nor decreased
during the time of the leave, except sick time, which will be charged to the
employee during the period of disability.
The Mayor, department head or Board of Trustees may require a physician's
certificate for any absence exceeding one day. Where the illness or disability
is of long duration, a physician's certificate will be required for each
30 days of continuous absence. In any case, the Mayor, department head or
Board of Trustees may require an examination by a physician to be designated
by the Mayor, department head or Board of Trustees. Refusal to be so examined
shall be just cause to suspend all further pay to such person until such request
for an examination is complied with.
It shall be the duty of every appointive officer, department head or
employee, in order to qualify for sick leave with pay, to report such illness
or disability as promptly as possible and not later than the time that such
person is required to report for duty. This provision may be waived by the
Mayor or department head whenever conditions prevent such reporting within
the time provided for in this section, but in no event shall such illness
or disability be reported later than three days after its occurrence.
It shall be the duty of every department head to take such steps as
may be deemed necessary to prevent employees within their supervision from
continuing on or returning to duty when not in proper physical or mental condition.
It shall be the duty of every department head to keep a record of all
sick leaves granted to himself and employees in his department after the effective
date of this article and also from the first day of July 1943, and each such
department head shall make a report in writing to the Board of Trustees at
the first meeting in every calendar month setting forth the names of all employees
and the sick leave granted during the preceding calendar month. Such report
shall be incorporated in the permanent record of that meeting.
It shall be the duty of the Village Treasurer to keep a record of all
employees of the Village, setting forth the accumulated sick leave credit
of each such employee and the day and dates of all sick leaves granted and
the balance of such sick leave time credited to all of such employees at all
times. Every department head shall, within 10 days after the passage of this
article, file with the Village Treasurer a true and correct report and statement
of the record of all employees setting forth the length of time and employment
of each such employee and the number of days of absence with pay since the
first day of July 1943.
A. Except as provided for in Subsection
B below, any appointive officer, department head or employee leaving the service of the Village of Endicott for any reason whatsoever shall be entitled to receive, within 30 days after the termination of such employment, his or her full salary or wages for the number of working days credited to such employee for sick leave time with pay.
B. Any appointive officer, department head or employee who
is hired by the Village of Endicott on and after August 1, 1981, shall receive
no salary or wages for accumulated sick leave time upon his or her leaving
the service of the Village of Endicott.
Any appointive officer, department head or employee who has been continuously
in the service of the Village of Endicott for a period of one year or longer
and who is physically or mentally incapacitated to such an extent that he
or she cannot continue to perform satisfactory service may, with the approval
of the department head and the Board of Trustees, be granted a special sick
leave without pay for a period not to exceed one year. Any person desiring
such special sick leave without pay must file such request in writing with
the department head stating the reasons therefor, the date of the commencement
of such leave and the probable date of return to duty. Such request must be
filed by such department head at the next regular meeting of the Board of
Trustees. Such special sick leave without pay shall be deemed to be in addition
to accumulated sick leave.
The provisions of this article shall apply to all appointed officers,
appointed department heads and employees, including provisional employees,
but excepting temporarily hired employees for not longer than 30 days and
excepting employees of the municipal hospital (Ideal Hospital), whose Board
of Managers has heretofore established a sick leave plan, and excepting elected
officers.
Any provisions within this article which are found contrary to agreements
negotiated between the Village and recognized employee-bargaining groups will
be null. The negotiated agreements will prevail in any dispute regarding the
application and/or interpretation of this article.