ARTICLE 4
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4.1 Eligibility
4.1.1 All full time employees shall be eligible for sick leave & paid days off 6 months after their date of hire as outlined below.
4.2 Computation
4.2.1 56 hour employees shall earn annually 8.3 shifts of sick leave and 3 shifts paid days off (10.43 hrs/pay period). Employees assigned to a 12 hour shift shall earn annually, 8.3 shifts of sick leave and 3 shifts paid days off (5.21 hrs/pay period).
4.2.2 40 hour employees shall earn annually 11.275 days of sick leave and 3 days paid days off (4.4 hrs/pay period).
4.3 Accumulation - Sick Leave
4.3.1 All personnel shall be able to accumulate unlimited number of hours of sick leave.
4.4 Use of sick leave & paid days off
4.4.1 When an employee calls in sick, the first day of the sick period will be considered as a paid day off. If additional days are needed during the same sick period, sick leave will be used.
4.4.2 At the end of the fiscal year each employee who has paid days off that have not been used shall have the remaining time converted to vacation leave or sick leave, depending on the employee's request.
4.4.2.1 Paid days off will not be converted to vacation leave or sick leave if it exceeds the maximum allowable accumulation in that category.
4.4.3 When an employee takes 3 or more sick days or paid days off in the same sick period a doctor's release will be required.
4.4.4 Employees who have exhausted their sick leave may use vacation leave.
4.4.5 Employees who have exhausted their sick leave and vacation leave may request additional sick leave in case of a prolonged illness or incapacitation, that prevents them from performing their duties.
4.5 Abuse of Sick Leave
4.5.1 Sick leave will only be used when an employee is quarantined because of exposure to a contagious disease, or when personally incapacitated from performance of duties because of illness or injury, or for medical or dental examination or treatment, or when an immediate family member is ill or injured and it is necessary for an employee to be off work to take care of personal needs (limit of 3 days per year for family sick leave). Use of sick leave for purposes other than those defined above will constitute grounds for disciplinary action.
4.6 Leave of Service
4.6.1 Unused sick leave will not be compensated for at the time any employee leaves service except as noted in 4.6.2.
4.6.2 Unused accumulated sick leave at the time of retirement, for which the employee receives no compensation, will be converted to additional service credit at the rate of 0.004 year of service for each day, i.e., 250 days of sick leave for one additional year of service credit, however, local safety member benefits are subject to a maximum of percentage of the average final compensation as outlined in the district's CalPERS contract. That percentage will not be increased beyond the contract limit for unused sick leave credit.
4.7.1 Career employees with twelve months of district service who have a serious health condition or who need to care for an immediate family member who has a serious health condition may request from the Fire Chief up to twelve (12) weeks of Family Medical Leave per fiscal year.
4.7.1.1 If the leave request is approved, the employee may use sick leave or vacation leave for the Family Medical Leave. If the employee has no vacation or sick leave, leave may be granted, but pay will be limited to that amount as specified in California State law.
4.7.1.2 A Family Medical Leave request shall not be approved without written documentation either from the patient's health care provider that such a condition exists as defined by 29 C.F.R. §825.114, or written documentation that the employee needs the time off for leave requests other than for a serious health condition as defined in 29 C.F.R. §825.112.
4.7.1.3 The patient's health care provider must be a doctor or other person qualified to deliver health care as defined in 29 C.F.R. §825.118.
4.7.1.4 The district may dispute the original medical certification from the patient's health care provider as outlined in 29 C.F.R. §825.307.
4.7.2 For the purposes of this policy, an immediate family member is defined as a son, daughter, parent or spouse of the employee.
4.7.2.1 A "son or daughter" is defined as "a biological, adopted or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis [see 29 C.F.R. §825.113(c)]. The son or daughter must be under 18 years of age, or incapable of self-care because of a mental or physical disability.
4.7.2.2 A "parent" is defined as the biological parent of an employee or an individual who stands or stood in loco parentis to the employee when the employee was under 18 or incapable of self-care. This does not include parents-in-law [29 C.F.R. §825.113(b)].
4.7.2.3 A "spouse" is defined as a husband or wife as defined or recognized under California law for the purposes of marriage, or a domestic partner of an employee with whom that employee has maintained a committed relationship.
4.8 Catastrophic Leave Program
4.8.1 When a serious health condition incapacitates an employee or a member of their immediate family for an extended period of time (as defined by 29 Code of Federal Regulation §825.205) and the employee has exhausted all paid leave, a career employee may apply for Catastrophic Leave Assistance. Fellow career employees may donate accrued vacation and / or sick leave credits to the applying employee under the specific requirements of this program. Donations of leave credits made under this program shall be strictly voluntary.
4.8.2 A career employee may request donations of accrued vacation or sick leave credits under the following conditions:
4.8.2.1 The applying employee shall provide verification of the catastrophic injury or illness consistent with certification for leave as defined in 29 C.F.R. §825.205. The request shall be submitted to the Fire Chief.
4.8.2.2 The applying employee shall use donated credits within 18 consecutive months. If at the end of 18 months, there are available leave credits, the remaining leave credits will revert to the employees that donated the leave credits on a pro-rated basis.
4.8.2.3 The applying employee shall use any leave credits that he/she continues to accrue on a monthly basis before receiving paid leave pursuant to this program.
4.8.2.4 The applying employee shall not be able to apply any of the hours received from donated leave toward PERS service credit.
4.8.3 Career employees may donate leave under the following conditions:
4.8.3.1 A determination of catastrophic need must exist and be authorized by the Fire Chief.
4.8.3.2 Donating employees must make written notice to the Fire Chief of their intent to donate leave, type of leave and to which employee they intend to donate leave to.
4.8.3.3 Leave may only be donated at a minimum of 8 hours, and in one hour increments thereafter.
4.8.3.4 Donating employees must retain sufficient accrued sick leave to meet their own needs. Donors shall not reduce their accumulated sick leave to fewer than 480 hours for 56 hour/week scheduled employees and 60 hours for 40 hours/week employees.
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