AFSCME Local 328
4006 Barbur Blvd, Portland, OR 97239
ARTICLE 13 - SICK LEAVE
ARTICLE 13. SICK LEAVE
Accrual of Sick Leave. Sick leave shall be earned by each employee at the rate of .0462 hours per each hour compensated at the regular or straight time hourly rate of pay, up to a maximum of ninety-six (96) hours per year. As sick leave accrues, it will be deposited in the employee’s sick leave bank.
Attendance Recognition. To provide incentive for regular attendance, employees who have been employed the entire prior calendar year will be afforded the opportunity to convert sick leave hours accrued during the prior calendar year to accrued vacation hours. This conversion shall be based upon an employee’s limited utilization of sick leave, excluding sick leave utilization appropriately requested and authorized under either the Family and Medical Leave Act (FMLA) or the Oregon Family Leave Act (OFLA). Employees must submit a written request for conversion no later than January 31st of the subsequent calendar year. Conversion shall occur on a two to one (2:1) basis as follows:
Up to 80 sick leave hours may be converted to 40 vacation hours if an employee has accessed zero (0) sick leave days during the prior calendar year.
Up to 32 sick leave hours may be converted to 16 vacation hours if an employee has accessed no more than one (1) sick leave day during the prior calendar year.
Up to 16 sick leave hours may be converted to 8 vacation hours if an employee has accessed no more than two (2) sick leave days during the prior calendar year.
For purposes of this section, a sick leave day shall be defined as the employee’s full regularly scheduled shift (e.g., 8 hours, 10 hours or 12 hours). Departments are encouraged to develop other creative and positive ways to recognize employees for regular and timely attendance.
Utilization of Sick Leave. Employees may use earned sick leave for absence due to illness, bodily injury, disability resulting from pregnancy, necessity for medical or dental care, exposure to contagious disease, or attendance upon a member of the immediate family or household member where the employee’s presence is required because of illness, necessity for medical or dental care, injury or death consistent with Section 14.2.4, Bereavement Leave. Employees are entitled to use paid sick leave immediately upon accrual. For use of sick leave while on FMLA or OFLA leave, see Section 14.2.2.
Employee responsibility. For absences not covered by FMLA or OFLA, the employee has the responsibility to make arrangements, within a reasonable period of time, for the care of the ill or injured immediate family or household member.
Immediate family and household member. For purposes of this section, immediate family member is defined as the employee’s parents, spouse, registered domestic partner, children, brother, sister, grandchild, grandparents, father-in-law, mother-in-law, son-in-law, or daughter-in-law. Household member is defined as a person who lives in the same residence as the employee over a sustained period of time.
Physician or Practitioner Certification of Illness or Injury. The Employer may require certification from an attending physician or practitioner under the following circumstances:
First, the Employer may require certification that an employee was unable to work to support the employee’s claim for sick leave if the Employer has reasonable grounds to suspect that the employee is abusing sick leave privileges.
Second, the Employer may require certification to verify a disability as that term is defined under state and federal law.
Third, the Employer may require certification to determine whether the employee should be allowed to return to work if the Employer has reasonable grounds to be concerned about the employee’s ability to perform his/her duties in a safe and efficient manner. When notifying the employee of this requirement, the Employer will provide the employee with a copy of his or her position description and identify the basis for its concern consistent with the reasonable grounds criteria referenced below. Any cost associated with the supplying of a certificate concerning a non-job-incurred injury or illness shall be borne by the employee.
Reasonable grounds criteria. The Employer and the Union have developed lists of criteria that constitute reasonable grounds for suspicion of abuse of sick leave and reasonable grounds for concern regarding the employee’s ability to perform duties in a safe and efficient manner.
Notification. In the interest of not delaying an employee’s return to work, the Employer will make a reasonable effort to notify the employee in advance that certification will be required.
Disciplinary consequences. The request for such certification shall not be considered disciplinary action. In the event, however, of an untimely submission or a failure or refusal to supply such a certificate, or if the certificate does not clearly show that the employee is unable to work, the employee’s sick leave will be canceled, the absence will be considered leave without pay, and the employee will be subject to disciplinary action.
No Cashout of Sick Leave. No compensation for accrued sick leave shall be allowed to an employee who is separated from service.
Restoration of Sick Leave Employees who voluntarily terminate employment and return to a position within 90 days shall have unused sick leave accrued during previous employment restored. Employees placed on the preferential hire list due to layoff or removal during an internal job change evaluation period shall retain their accrued sick leave for as long as they remain on the PHL. Sick leave restoration shall not be available to retired employees who return to a position or to employees previously terminated for cause.
Sick Leave on Retirement. An employee who retires may be credited with a portion of his/her sick leave for purpose of determining his/her retirement compensation, in accordance with the Oregon Public Employees Retirement System.
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