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A. Sick Leave Defined. “Sick leave” shall be defined as follows:

1. Absence from duty because of illness or off the job injury, or exposure to contagious diseases as evidenced by certification from an accepted medical authority;

2. At each employee’s option, absence from duty due to the death of a member of the “employee’s immediate family,” meaning spouse, child, brother, sister, parent, parent-in-law step-parent, step-brother, step-sister, or any other relative living in the same household, provided such leave as defined in this subsection shall not exceed five working days from each incident. The employee may be required to submit proof of relative’s death before being granted sick leave pay:

3. An employee whose memorandum of understanding incorporates a provision for “family leave” may use sick leave not to exceed three days per year if required to be away from his/her job to personally care for a member of the employee’s immediate family as defined in this subsection.

B. Rules Governing Sick Leave.

1. Each incumbent of a line-item position shall accrue sick leave with pay at the rate of twelve days or the shift equivalent per year of continuous service since the benefit date.

2. Sick leave may be used after the completion of the month of service in which it was earned.

3. Sick leave shall begin with the first day of illness.

4. Department heads shall be responsible to the city administrative officer for the uses of sick leave in their departments.

5. A department head shall require written proof of illness from an authorized medical authority at the employee’s expense for sick leave use in excess of five consecutive working days by personnel in his/her department. Such proof may be required for periods of less than five consecutive working days where there exists indication of abuse.

6. Any employee who is absent because of sickness or other physical disability shall notify his/her immediate supervisor or department head as soon as possible but in any event during the first day of absence. Any employee who fails to comply with this provision without having a valid reason will be placed on leave of absence without pay during the unexcused absence and be subject to disciplinary action in accordance with procedures established by this chapter.

7. Any employee absent for an extended illness or other physical disability may be required by the personnel director to have an examination by the city’s medical examiner at city expense prior to reinstatement to the city service.

8. An appointing authority, subject to approval of the personnel director, may require any employee to be medically examined where reasonable cause exists to believe that an employee has a medical condition which impairs his/her job effectiveness or may endanger the health, safety or welfare of the employee, other employees or the public. Employees who are judged to be physically incapable of meeting normal requirements of their positions may be placed in a classification of work for which they are suitable when a vacancy exists, or may be separated for physical disability.

9. In the event that an employee’s sick leave benefits become exhausted due to illness or exposure to contagious disease, the employee shall revert to a status of leave of absence without pay and be subject to the provisions of Section 2.36.460.

10. The right to benefits under the sick leave plan shall continue only during the period that the employee is employed by the city. This plan shall not give any employee the right to be retained in the services of the city, or any right of claim to sickness disability benefits after separation from the service of the city. When an employee receives compensation under the Worker’s Compensation Act of California, such compensation received shall be considered part of the salary to be paid to the employee eligible for such payments as required by state law. The amount paid by the city shall be the difference between the amount received by the employee from the city’s compensation insurance coverage and the eligible employee’s regular rate of pay.

11. Notwithstanding anything contained in this section, no employee shall be entitled to receive any payment or other compensation from the city while absent from duty by reason of injuries or disability received as a result of engaging in employment other than employment by the city for monetary gain or other compensation, or by reason of engaging in business or activity for monetary or other compensation other than business or activity connected with his/her city employment.

12. A public safety employee shall not receive sick leave payments while receiving Worker’s Compensation payments.

13. Accumulation of sick leave days shall be unlimited. (Prior code § 2708.5)