Sec. 11-91. - Sick leave; death benefit.

(a)

Each full-time employee in the classified and unclassified service shall earn sick leave with pay at the rate of 1¼ working days for each full calendar month of service, with no maximum accumulation, except that uniformed or permanent members of the fire and police departments who are disabled in the line of duty shall receive full pay while so disabled, in accordance with state law. Such sick leave must be earned before it can be granted and shall not be considered a right but shall be a privilege and granted under authority of this chapter. Upon retirement an employee shall be paid 50 percent of the total amount of sick pay credited to him as of the date of his retirement, up to a limit to be determined by their respective agreements for all employees covered by collective bargaining. Employees not covered by collective bargaining agreement and who are eligible to receive such benefit shall be treated comparably.

(b)

It is the intent of this provision that each permanent full-time employee in the city service appointed on or before January 1, 1960, shall have accrued to his credit, sick leave which may be granted at any time during the following 12 or succeeding months as follows:

(1)

Five or less years' service, 15 days;

(2)

Five to ten years' service, 30 days;

(3)

Ten to 15 years' service, 60 days;

(4)

Over 15 years' service, 90 days.

Sick leave will be granted for absence from duty because of actual personal illness, noncompensable bodily injury or disease and exposure to contagious disease. It may also be granted for a maximum of three days in any one year for an illness in the household.

(c)

When an employee finds it necessary to be absent for any of the reasons specified in this section, he shall cause the facts to be reported to his department head or immediate superior within two hours after the time set for beginning his daily duties, except that where a relief employee is required, such notification must be made before the hour to report for work. Sick leave may not be granted unless such report has been made.

(d)

In all cases where sick leave exceeds two working days the department head may require the employee to file a physician's certificate indicating the nature and probable duration of the disability.

(e)

Holidays and regular days off shall not be counted in computing sick leave taken. On-the-job injuries shall not be chargeable against accrued sick leave, and no loss of pay shall result from time lost due to such injury, except that in cases where the injured employee is a participating member in the municipal employees retirement system of the state and by reason of such membership is entitled to and qualifies for an accidental disability allowance in accordance with the provisions of G.L. 1956, §§ 45-21-21 and 45-21-22, the obligation of the city shall cease on the effective date of such retirement for accidental disability, provided that no employee injured in the course of his employment as the result of the fault or negligence of a third party shall receive his pay as aforesaid unless state law otherwise provides, including the payment of medical bills by the city during incapacity, unless such employee so injured executes a subrogation agreement in favor of the city to repay the city as provided by such subrogation agreement.

(f)

Whenever an employee dies while in the employ of the city, the city shall pay to the deceased employee's beneficiary, as designated under either the municipal employees retirement system of the state or the city police officer's and firefighter's retirement system, or to the widow, husband or heirs-at-law as hereinafter set forth a sum of money computed on the basis of his weekly earnings for accumulated sick leave and vacation leave which had accrued to such deceased employee at the time of his death, in accordance with the provisions of this section. If such deceased employee has failed to designate a beneficiary for such payment, then such sum of money shall be paid first to the surviving widow or husband and, if there is no surviving widow or husband, then to the surviving children in equal shares, provided that if such deceased employee has not designated a beneficiary and leaves no widow, husband or child, then such accrued benefits shall be paid to his next of kin.

(g)

All employees covered by a collective bargaining agreement shall receive sick leave in accordance with their respective agreements. Employees not covered by a collective bargaining agreement and who are eligible to receive sick leave shall receive comparable treatment.

(Rev. Ords. 1987, § 11-91)

State Law reference— Salary payment during line-of-duty illness or injury, G.L. 1956, § 45-19-1.