20. Sick Leave

20.A - Accumulating Sick Leave Credits

Regular and provisional employees shall accumulate sick leave credits at the rate of .0576 of a working hour for each full hour on the payroll, excluding overtime. In no case shall leave with pay be granted in anticipation of any future accumulation. The provisions of this Section shall not apply to any employee whose position is in the Special Employment Group unless specifically provided for in a collective bargaining agreement.

20.B - Using Sick Leave Credits

Any employee who has accumulated sick leave credits as provided above shall be granted leave with pay for such time as the appointing authority deems necessary for any of the following reasons:

1. Sickness or injury of the employee or employee’s minor child in accordance with Minnesota State Law.
2. Sickness or injury of an employee’s family member in accordance with Minnesota State Law, up to 160 hours in any 12-month period.
3. Safety leave in accordance with Minnesota State Law for the purpose of providing or receiving assistance because of a sexual assault, domestic abuse or stalking, up to 160 hours in any 12-month period.
4. Death of the employee’s mother, father, spouse, child, brother, sister, mother-in-law, father-in-law, or other person who is a member of the household.

Employees may be granted sick leave for such time as is actually necessary for office visits to physicians, dentists, or other health care personnel.

An employee shall be paid under the provisions of this paragraph only for the number of days or hours for which the employee would normally have been paid if the employee had not been on sick leave.

No employee shall be granted sick leave with pay for treatment of chemical dependence more than twice.

20.C - Reporting Sick Leave

No sick leave shall be granted for the above reasons unless the employee reports to their appointing officer the necessity for the absence not later than one-half hour after the employee's regularly scheduled time to report for work, unless the employee can show to the satisfaction of the appointing officer that the failure to report was excusable.

The appointing officer or the Human Resources Director may require a physician's certificate or additional certificates at any time during an employee's illness. Sick leave shall be granted only if the certificate is approved by the appointing authority.

20.D - Returning From Sick Leave

An employee who is off duty because of illness, sickness or disability for a period of thirty or more calendar days may be returned to work only if the employee has submitted to the appointing officer a signed certificate from an attending physician attesting to their recovery from the illness, sickness or disability; mental and physical ability to resume the performance of the duties of their position; and the nature and period of the illness, sickness or disability. Such certificates shall be forwarded to the Office of Human Resources.

If, because of a delay due to an investigation by the appointing officer, the employee is not returned to work after the third day after such certificate is submitted, and it is later proved that the employee was mentally and physically able to resume the performance of the duties of their position at the time the certificate was submitted, the employee shall be paid after the third day as if they had been returned to work.

20.E - Using Sick Leave for Compensable Disease or Injury

1. Disease

   An employee who is off duty because of sickness, and is claiming that the sickness is compensable as an occupational disease, may, pending the decision on the claim, draw upon the employee's sick leave credit; however, the employee shall not receive full pay during such period, but shall receive only an amount equal to the weekly compensation the employee might receive if the compensation claim is approved. If said claim is disproved, the employee may be paid full pay from accumulated sick leave credit or may elect to retain such unused credit for future use. In no case shall the employee be given such leave with full or partial pay in excess of his accumulated credit.

2. Injury

   An employee who is off duty because of compensable injury, may elect to receive full pay by using accumulated sick leave credit, vacation credit, or compensatory overtime credit, to make up the difference between compensation and regular salary.

20.F - Extending Sick Leave for Compensable Injury

In any case where an employee is off duty because of a compensable injury arising out of and in the course of employment with the City and has used all accumulated sick leave to which the employee was entitled and is still incapacitated as a result of such injury, the Council may, by resolution, authorize additional sick leave with pay for such period of time as the Council may determine, not to exceed 65 working days during any twelve (12) month period.

20.G - Temporary Employment for Therapeutic Treatment

An employee who is off duty because of sickness, and whose attending physician recommends the employee undertaking employment different in nature than their regular City employment for the purpose of therapeutic treatment, may be permitted to accept and pursue such different employment, subject to the consent of the Human Resources Director and the appointing officer. In each such case, the regular pay, which the employee might otherwise claim hereunder, shall be subject to deduction there from on account and to the extent of any lesser or equivalent amount earned by the employee in such different employment.

20.H - Sick Leave Without Pay

Sick leave without pay may be granted in accordance with the provisions of this Section 20 for a period up to but not to exceed two years.

20.I - Reinstatement After Compensable Disease or Injury

An employee who is off duty because of a compensable injury or illness arising out of and in the course of employment with the City shall be entitled to reinstatement at any time within five years from the date of injury or incapacity, if physically capable of resuming their duties.

If such off duty employee takes a voluntary reduction under the Civil Service Rules and is reinstated to employment with the City, their reinstatement rights to the title under which the employee was working at the time of their injury or incapacity shall be continued for five years from the date of injury or incapacity.