S5-13 Ordinance No. S5-13
AN ORDINANCE
PROVIDING FOR THE DONATION OF SICK LEAVE TO ILL,
INJURED OR IMPAIRED EMPLOYEES
WHEREAS, it is necessary and desirable to provide for the voluntary transfer of accrued
sick leave to ill, injured or impaired employees who have exhausted such sick leave; and
WHEREAS, the City Council of the City of Elgin has previously adopted Ordinance No.
S11-00 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 further amend such ordinance relating to employee eligibility to receive donated sick
time and the amount and maximum of time that may be donated.
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 the illness and
prognosis.
2. Take leave without pay, including but not limited to short or long
term disability payments.
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 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 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.
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. 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.
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. Total donated sick leave cannot exceed six months.
h. 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.
i. 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.
j. 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 Ordinances S4-94 and S 11-00 be and are hereby repealed.
Section 3. 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 4. That this ordinance shall be in full force and effect after its passage in the
manner provided by law.
David J. Kaoifiin, Wayor
Presented: July 24, 2013
Passed: July 24, 2013
Vote: Yeas: 8 Nays: 0
Recorded: July 24, 2013
Published: July 25, 2013
Attest:
Kimberly Dewis, Uty Clerk
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