Page | 57 donations to the City’s shared leave pool will not be counted in the utilization rate calculation. The maximum payout of unused sick leave under this section is 544 hours. In the event of a death of an active employee, the employee’s estate will receive 33% of the employee’s unused sick leave balance at the time of death. FAMILY DEATH / BEREAVEMENT LEAVE 605 Up to forty (40) hours of bereavement leave may be used in the event of a death in the employee’s immediate family. Immediate family covers the employee's spouse, child, sibling, parent or parent in-law and a child includes the employee’s natural child, lawfully adopted child or other child for whom the employee has obtained legal guardianship pursuant to a court order. Up to twenty-four (24) hours of bereavement leave will also be granted for the death of the employee’s grandparent, grandchild, sister- or brother-in-law, son- or daughter-in-law. An employee needing to be absent as the result of a death in the family is expected to notify his/her supervisor or department head as soon as possible. INJURY LEAVE 606 Regular employees that sustain on-the-job occupational injuries or illnesses are eligible to receive injury leave benefits. To be eligible for injury leave benefits, the employee must meet the following conditions: • Accident/injury was promptly reported to their supervisor and Human Resources with all related documentation thoroughly completed (incident report, etc.); • Unable to perform the essential functions of their regular position, with or without reasonable accommodation; • Physically unable to perform available light duty assignments offered by the City; • Meet all medical appointments and treatment plans prescribed by the City’s medical service providers; • Injury was not the result of the employee’s disregard for established safety procedures; and • Does not engage in any activity (including but not limited to outside work) that could hinder the employee's recovery and ability to return to work. When all of the above conditions have been met, the employee will be eligible to be paid the difference between their regular pay and any compensation received from the City’s workers' compensation insurance program. The maximum duration of this benefit is three (3) months from the lost time injury or illness. If the period of incapacitation caused by an accidental occupational injury exceeds three (3) calendar months, employees will be required to use sick leave or other available paid leave benefits to cover the additional period of incapacitation. FAMILY AND MEDICAL LEAVE OF ABSENCE 607 In compliance with the Family and Medical Leave Act of 1993 (FMLA) as well as updates to the Act effective January 16, 2009, the City has adopted the following Family and Medical Leave of Absence Policy. Under this policy, the City will grant up to 12 weeks (or up to 26 weeks of military caregiver leave to care for a covered service member with a serious injury or illness) during a 12-month period to eligible employees. The leave may be paid, unpaid or a combination of paid and unpaid leave, depending on the circumstances of the leave and as specified in this policy. Basic Eligibility – An employee must have completed at least one full year of service with the City and have worked a minimum of 1,250 hours in the twelve-month period preceding the leave to be eligible for FMLA leave. Additionally, to qualify as FMLA leave under this policy, the employee must be taking leave for one of the reasons listed below: • The birth of a child and in order to care for that child;
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