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HomeMy WebLinkAboutS11-00 (2) Ordinance No. S11-00 AN ORDINANCE PROVIDING FOR THE DONATION OF SICK LEAVE TO CRITICALLY ILL EMPLOYEES WHEREAS, it is necessary and desirable to provide for the voluntary transfer of accrued sick leave to critically ill employees who have exhausted such sick leave; and WHEREAS, the City Council of the City of Elgin has previously adopted Ordinance No. S4-94 which is an ordinance providing for the donation of sick leave to critically ill employees; and WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to amend such ordinance by amending Section 1 thereof relating to employee eligibility to receive donated sick time . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . 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 his regular work duties as documented by a medical doctor' s certification describing the nature of illness and prognosis . 2 . Take leave without pay. b. An employee shall be eligible to receive donated sick leave if : 1 . The employee has exhausted all his paid leave including but not limited to sick leave, personal days and vacation. 2 . The employee has one year of service . 3 . The employee has not less than one-half of the sick leave that the employee was eligible to accrue by virtue of his length of service in his sick bank at the onset of the qualifying illness or injury, provided however, the city manager may waive such requirement if the city manager determines, in the city manager' s sole discretion, that the employee ' s use of sick time prior to the onset of the qualifying illness or injury was related to a previous non-work related severe or life threatening illness, injury, impairment or physical or mental condition and such previous use of sick leave was not a prior abuse of use of sick leave . 4 . The request for donation of sick leave to the employee is approved by the city manager or his designee . c . An employee shall be eligible to donate sick leave to another employee if : 1 . The donation of such sick leave will not cause the accrued sick leave balance of the donating employee to be less than 480 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 city manager. 3 . The donation is made in eight hour increments . d. 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 his regular work duties . If an employee fails to provide evidence as required, the use of donated sick leave may be denied or terminated. e . 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. f . 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. g. Use and acceptance of donated sick leave shall terminate upon medical certification that : 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. h. 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 . i . 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. Section 3 . That this ordinance shall be in full force and effect after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: November 1, 2000 Passed: November 1 , 2000 Omnibus Vote : Yeas 7 Nays 0 Recorded: November 2 , 2000 Published: Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk