§ 5. Leave.
A.
Full-time employees shall be eligible for annual leave, sick leave, family and medical leave, civil leave, funeral leave, military leave, education leave, maternity leave, and leave of absence without pay, as provided in this section.
B.
Annual leave.
(1)
"Annual leave" is leave with pay granted to a full-time employee for the purpose of rehabilitation, restoration, and maintenance of work efficiency, or transaction of personal affairs.
(2)
For the first four years of full-time employment, each employee shall be credited with 40 hours of annual leave on his employment anniversary date. Each employee with between five and nine years of service as a full-time employee shall be credited with 80 hours of annual leave annually on his employment anniversary date. Each employee with ten or more years of service as a full-time employee shall be credited with 120 hours of annual leave annually on his employment anniversary date.
(3)
An employee may carry over or accumulate up to 40 hours of annual leave from one employment anniversary date to another.
(4)
Annual leave may be taken as earned by an employee with the pre-approval of the employee's department head. However, annual leave on selected dates is permissive and may be denied by the employee's department head or the mayor when conditions are such that the ordinary work of the municipality could not be performed adequately if annual leave were granted. Annual leave may not be taken in less than four-hour increments.
(5)
(a)
The mayor or authorized department head may require an employee to take annual leave whenever, in his administrative judgment, such action would be in the best interest of the municipality.
(6)
No employee shall be granted any annual leave not credited to the employee's account at the time the absence occurs.
C.
Sick leave.
(1)
"Sick leave" is leave with pay granted a full-time employee who is suffering with a disability which prevents him from performing his usual duties and responsibilities or who requires medical, dental, or optical consultation or treatment.
(2)
Sick leave with pay is not a right which an employee may demand, but a privilege granted by the municipality.
(3)
Leave from work with pay may be charged as sick leave if the absence is due to sickness, bodily injury, pregnancy, quarantine, required physical or dental examinations or treatment, or exposure to a contagious disease when continued work might jeopardize the health of others. All such absences, except those resulting from intemperance or immorality, shall be charged against the sick leave credit of the employee.
(4)
Sick leave credits accumulated by each employee as of the effective date of this ordinance shall be retained.
(5)
After the first anniversary date of employment, each full-time employee shall begin to accrue sick leave at the rate of eight hours for each month worked. However, no employee may accumulate more than 96 hours of sick leave per year nor accumulate more than 240 hours of sick leave overall.
(6)
The mayor shall determine when a doctor's certificate is required and under what conditions certificates are required. Department heads shall be responsible for the application of this provision so that there will be no abuse of sick leave privileges.
(7)
Employees who resign or retire or who are dismissed from employment shall be paid for any accrued sick leave and annual leave as per applicable limits.
(8)
The mayor or authorized department head may place an employee on sick leave when the employee asserts the need to be absent from the workplace because of the employee's illness or injury.
(9)
No employee shall be granted any sick leave not credited to the employee's account at the time the absence occurs.
D.
Family and Medical Leave Act.
(1)
Each eligible employee under the federal Family and Medical Leave Act of 1993 must substitute accumulated annual leave and sick leave for any part or all of the weeks of leave to which the employee is entitled under that act.
(2)
An employee on FMLA leave shall report periodically during the leave period on his leave status and intention to return to work.
(3)
(a)
An employee who has taken family and medical leave shall provide a certificate signed by a doctor to support his claim for leave for his own serious health condition or to care for a seriously ill child, spouse, or parent. If the leave is due to the employee's own medical condition, the certificate must also include a statement that the employee is unable to perform the functions of his position. If the leave is to care for a seriously ill child, spouse, or parent, the certificate must include an estimate of the amount of time the employee needs to care for the child, spouse, or parent.
(b)
The municipality may require a second medical opinion and periodic recertification at its own expense.
(c)
If the first and second opinions differ, the municipality, at its own expense, may require the binding opinion of a third health care provider, approved jointly by the municipality and the employee.
(4)
If an employee takes such leave on an intermittent or on a reduced leave schedule that reduces the employee's usual number of hours worked per week or per work day, the municipality may require the employee to transfer temporarily to an alternative position which better accommodates the leave than the employee's regular position, provided that the position has equivalent pay and benefits.
(5)
An employee who takes such leave to care for a newborn child or a child which has been placed with the employee for adoption or foster care may not take leave intermittently or on a reduced leave schedule unless the municipality and the employee agree to such an arrangement.
E.
Civil leave.
(1)
An employee shall be given time off without loss of pay, annual leave, or sick leave when:
(a)
Performing jury duty.
(b)
Summoned to appear as a witness before a court, grand jury, or other public body or commission, provided that for purposes of this provision a plaintiff or defendant shall not be considered a witness. Nor does this provision apply to an employee summoned as a witness as a result of employment other than municipal employment.
(c)
Performing emergency civilian duty in relation to national defense.
(d)
The mayor determines that he is prevented by an act of God from performing duty.
(e)
The mayor determines that because of local conditions or celebrations it is impracticable for employees to work.
(f)
The employee is ordered to report for pre-induction physical examination incident to possible entry into the military forces of the United States.
(g)
The employee is a member of the National Guard and is ordered to active duty incident to local emergency, act of God, civil or criminal insurrection, civil or criminal disobedience, or similar occurrence of an extraordinary and emergency nature which threatens or affects the peace or property of the people.
(2)
Employees may keep all fees received from jury duty in addition to regular compensation.
F.
Funeral leave. An employee may be granted time off without loss of pay, annual leave, or sick leave when attending the funeral or burial rites of a parent, stepparent, child, stepchild, brother, stepbrother, sister, stepsister, spouse, mother-in-law, father-in-law, grandparent, or grandchild; provided such time off shall not exceed two days on any one occasion.
G.
Military leave.
(1)
An employee who is a member of a reserve component of the armed forces of the United States is entitled to military leave with pay when placed on military active duty for training by order of an authority of the armed forces of the United States and when given constructive credit for such training.
(2)
The maximum military leave with pay for military active duty for training is ten working days per calendar year.
(3)
An employee may apply for, but shall not be required to take, annual leave or compensatory leave for military purposes. However, the employee shall be entitled to leave without pay for a period of up to 90 consecutive calendar days:
(a)
When ordered to military active duty.
(b)
When placed on military active duty for training.
(c)
When placed on military training duty and the maximum authorized military leave with pay has been exhausted or is not authorized.
(4)
(a)
"Military active duty" means full-time duty in the active military service, other than military active duty for training.
(b)
"Military active duty for training" means full-time paid duty in the active military service for training purposes.
(c)
"Military training duty" includes active and inactive duty for training such as annual two-week summer encampments and cruises, weekly and weekend drills or training meetings, attendance at service schools for refresher training or the upgrading of military skills, field exercises, and the like.
H.
Education leave. A leave of absence at full or part pay may be granted by the mayor and council to permit a full-time employee to take courses of study which will better equip the employee to perform his duties for the municipality.
I.
Leave of absence without pay.
(1)
"Leave of absence without pay" means time off from work without pay granted by the mayor, or authorized department head, or imposed by the mayor, or authorized department head, for an unapproved absence.
(2)
The mayor, or authorized department head, may extend leave of absence without pay to any employee for a period not to exceed six months, provided that such leave shall not prolong the period of his appointment.