Amalgated Transit Union 4/29/2019

Section 5: In using accumulated sick leave, only those days on which the employee would be required to report for work shall be considered. Regular days off, holidays, and all other days on which the employee would not be required to report for work shall be disregarded. Section 6: It is understood and agreed that sick leave is to be used only in circumstances where an employee is scheduled to work and is unable to do so because of personal illness or incapacity. Therefore, if an employee becomes ill or incapacitated after his/her vacation has commenced, vacation time will continue to be deducted. However, if an employee notifies the Director of Transportation Services or his/her designee prior to the commencement of the employee's vacation that said employee is ill or incapacitated, sick leave may be used for any days which the employee would have been scheduled for vacation. In such cases, the vacation will be cancelled and rescheduled, if possible, at a time mutually agreeable to the employee and the Director of Transportation Services. When calling in sick in lieu of vacation, employees are required to call the Scheduling Office no later than 5:00 PM (PST) on the first day in which they desire to use sick leave in lieu of vacation. A request to use sick leave in lieu of vacation must be accompanied by a doctor's letter stating the nature and extent of the illness or injury and that the employee is too ill or injured to perform his/her duties. Sick leave will only be authorized from the date of the doctor's letter forward. Documentation must be provided to Transit, upon the employee's return to work, before sick leave will be approved. Failure to provide adequate documentation, as determined by the Director of Transportation Services or designee, will result in a denial to use sick leave in lieu of vacation and vacation time will be deducted. If the employee does not have sufficient sick leave accrual to cover the missed time, vacation time must be used. Section 7: An employee's ability to work regularly and as scheduled is a requirement for continued employment. The City has the right to take corrective action to deal with abuse of sick leave or situations where the employee has frequent or regular absences which hinder the performance of the employee's job duties or the efficiency of the division. Such corrective action may include medical consultations, physician's statements, progressive disciplinary action, including suspension or dismissal. Fraudulent use of sick leave may lead to immediate suspension or dismissal. Section 8: It is understood and agreed that for the period in which an employee is receiving benefits pursuant to the State Industrial Act, he/she shall not be entitled to accrual of sick leave and/or vacation time as set forth in Articles 9 and 11 of this Agreement. Provided, however, this section shall not prevent an employee from using sick leave or vacation benefits which have previously been earned to supplement the payment of industrial insurance benefits. For those hours of sick leave and/or vacation used to supplement industrial insurance benefits, the employee shall be entitled to accrue additional sick leave and/or vacation hours on a pro-rated basis. 17