S11-00 (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