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HomeMy WebLinkAboutG9-23 Ordinance No. G9-23 AN ORDINANCE AMENDING ORDINANCE NO. S5-13 PROVIDING FOR THE DONATION OF SICK LEAVE TO ILL, INJURED OR IMPAIRED EMPLOYEES WHEREAS, the City Council of the City of Elgin has previously adopted Ordinance No. S5-13 which is an ordinance providing for the donation of sick leave to ill, injured or impaired employees; and WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to further amend such ordinance to specifically provide for when sick leave may be donated to an employee for the birth of a child, for prenatal and incapacity related to pregnancy, and for medical conditions related to pregnancy. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 1 of Ordinance No. S5-13, which provides for the City of Elgin's existing policy for the donation of sick leave to ill, injured or impaired employees be and is hereby amended in its entirety to read as follows: That any full-time employee is eligible to receive sick time from another employee or to donate sick time to another employee under the following conditions: a. Sick leave may be donated to an employee by a qualified fellow employee if the former is suffering from a non-work related severe or life-threatening illness, injury, impairment or physical or mental condition which has caused or would cause the employee to: 1. Be unable to perform the employee's regular work duties as documented by a medical doctor's certification describing the nature of the illness and prognosis. 2. Take leave without pay, including but not limited to short or long term disability payments. b. Sick leave may be donated to an employee for the birth of a child, for prenatal care and incapacity related to pregnancy, and for medical condition related to pregnancy,which has caused or would cause the employee to: 1. Be unable to perform her regular work duties as documented by a medical doctor's certification describing the nature of the illness and prognosis. 2. Take leave without pay, including but not limited to short- or long- term disability payments. C. An employee shall be eligible to receive donated sick leave if- 1. The employee has exhausted all the employee's paid leave including but not limited to sick leave, personal days and vacation. 2. The employee has one year of service. 3. The request for donation of sick leave to the employee is approved by the city manager or the city manager's designee. d. An employee shall be eligible to donate sick leave to another employee under the following conditions: 1. The donation of such sick leave will not cause the accrued sick leave balance of the donating employee to be less than 360 hours at the time that donation is requested. 2. The request for donation is submitted to the Human Resources Department in writing in the form prescribed by the Human Resources Director and is approved by the Department Head. 3. The donation is made in eight hour increments. 4. A maximum of eighty(80)hours may be donated per individual. e. When donation of sick leave is requested, and at any other time during the use of donated sick leave, when requested, an employee shall be required by the city to provide a physician's statement or other medical evidence necessary to establish that the illness, injury, impairment or physical or mental condition is severe or life threatening and prevents the employee from performing the employee's regular work duties. The Department of Labor's Family Medical Leave Act Certification of Health Care Provider shall be used for such purposes. If an employee fails to provide evidence as required,the use of donated sick leave shall be denied or terminated. f. Donated sick leave may only be used for the duration of the current illness, injury, impairment or physical or mental condition of the employee for whom it was donated. g. Donated sick leave shall not be transferable to any other employee but may be applied retroactively for a period not to exceed 30 calendar days on behalf of the employee for whom it was donated. h. Total donated sick leave cannot exceed six months. i. Use and acceptance of donated sick leave shall terminate upon medical certification that: 2 1. The severe illness, injury, impair or physical or mental condition is no longer life threatening; or 2. The employee is able to return to work; or 3. The employee terminates, retires or goes on disability. j. Donated sick leave shall be compensated according to the receiving employee's regular rate of pay. The rate of pay of the donating employee shall not be a factor in determining the amount of compensation the recipient employee receives. k. Any unused portion of the sick leave donated shall be prorated among all donating employees based upon the original amount of donated sick time. Donated sick leave shall not be returned to donating employees in increments of less than one full hour or to any person who is no longer a city employee. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 3. That this ordinance shall be in full force and effect after its passage in the manner provided by law. David J. Kapta' , Ma,, r Presented: February 22, 2023 Passed: February 22, 2023 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: February 22, 2023 Published: February 22, 2023 Attest `f 18 � �. Kimberly Dewis, Clerk 3