2-218 Sick Leave Bank
Secs. 2-218.01 Purpose
- (a) A Sick Leave Bank is hereby established for the purpose of providing sick leave with pay for employees of the City of Lake Wales during periods of personal or prolonged illness, accident, or injury not otherwise compensated by the City.
- (b) The Sick Leave Bank shall function under rules and procedures adopted by the City Manager, and administered by a committee comprised of three (3) employees elected by the employees, one Department Head, appointed by the City Manager and the HR Director.
- (c) Election. An election shall be held not more than thirty (30) and not less than ten (10) days prior to the commencement of the term for which the three elected employees are to be elected. The City Clerk's Office shall administer the nominating and election procedure for each election in accordance with the procedures and policies provided herein.
- No less than thirty (30) days before the expiration of a regular term or immediately upon notice of a vacancy on the Committee, the City Clerk will notify all employees that an employee representative must be elected to the Committee and request nominations. Such notification will be in writing and will include a nomination form and a list of all employees eligible for nomination. Employees eligible for nomination will include all members making contribution into the sick leave bank who have completed their six-month probationary period of employment. Nominations will be forwarded to the City Clerk before the time and date specified on the nomination form.
- If one (1) nominee receives a minimum of fifty-one (51) percent of the nominations, that nominee shall be declared elected and shall take office immediately upon commencement of the term of office for which elected.
- If no nominee receives fifty-one (51) percent of all nominations, the City Clerk will prepare an election ballot listing the nominees receiving the three (3) largest number of nominations and forward a ballot to all actively employed members. Election ballots shall be returned to the City Clerk before the time and date specified on the ballot. The nominee receiving the highest number of votes for office shall be declared elected and shall take office immediately upon commencement of the term of office for which elected.
- If two (2) or more nominees tie for the highest number of votes, a runoff ballot shall be prepared and a runoff election shall be conducted as in paragraph (c)(3) herein.
- (d) Elected employees. For the first Committee constituted under this ordinance, two members shall be elected to an initial term of two (2) years and the other member shall be elected to an initial term of one (1) year.
- (e) Appointed representative. The City Manager shall appoint one Department Head to serve a term of one (1) year.
- (f) Any alleged abuse or misuse of the Sick Leave Bank shall be investigated by the Committee. If the investigation results in a finding of wrongdoing, the employee shall repay all sick leave days drawn from the bank and shall be subject to disciplinary action. Decisions made pursuant to this Section shall be subject to appeal under Section 213.
Secs. 2-218.02 Initial Membership Requirements
- (a) All employees who have been employed full-time for at least one (1) year and who have accumulated ten (10) days sick leave are eligible to join the Sick Leave Bank by:
- Voluntarily contributing one (1) sick day of their sick leave and,
- Enrolling on the proper form.
Secs. 2-218.03 Maintenance of the Sick Leave Bank
- (a) The Sick Leave Bank shall be activated when a minimum of forty-five (45) days have been deposited. No further contribution shall be required of participating members unless the Bank is depleted below thirty (30) days. All participating members who remain shall be required to contribute an additional day to the pool each time the Bank is depleted below thirty (30) days. Participating members who do not have an additional day accrued at the time of replenishment may contribute the next available sick leave day and remain eligible for membership in the Bank.
- (b) Before the replenishment of the Bank, notice will be given to the employees and participating members may withdraw from the bank upon written notice to the Sick Leave Bank Committee. If an employee has withdrawn and requests to be reinstated, the employee may be reinstated upon contributing an equal number of days as those who remained in the Bank without withdrawing. An employee may be allowed to withdraw and be reinstated only one time during the course of his employment. Employees who are not members of the Bank shall be given an opportunity to become members of the Sick Leave Bank during the month of December each year.
Secs. 2-218.04 Withdrawal Procedures
- (a) Participating members are eligible to draw from the Sick Leave Bank who are absent from employment because of his/her own illness or accident (excluding Workers' Compensation cases) or that of an employee's immediate family member as defined in Section 2-217.08 (A)(3).
- (b) The following criteria must be met when applying to the Sick Leave Bank Committee for withdrawal of days from the Sick Leave Bank:
- File an application on the proper form accompanied by a physician's statement which shall include the number of days the employee must be absent from work and the nature of the illness or injury.
- Exhaustion of all personal sick leave days, vacation days and personal leave days is required before sick leave may be withdrawn from the bank.
- The employee must be or have been absent from work for at least five (5) consecutive working days as a consequence of the illness, accident, or disability. Requests for sick leave from the Sick Leave Bank due to the illness, accident or disability of an immediate family member will also be considered by the Sick Leave Bank Committee after the employee has been absent from work for at least five (5) consecutive working days.
- Application for use of the Bank for elective surgery shall not be considered. The Sick Leave Bank Committee may require a second opinion from a physician if necessary to determine whether or not surgery is elective and such second opinion will be obtained at the employee's expense.