Ordinance No. 1073

WHEREAS, there are unexpected or extraordinary events that occur which result in the desire to provide assistance to employees of the Town of Speedway, Indiana (the "Town"); and

WHEREAS, the Town Council of the Town (the "Town Council") currently provides sick leave benefits to each employee of the Town including public safety employees; and

WHEREAS, the Town Council desires to establish a Sick Leave Bank for Town employees and public safety employees; and

WHEREAS, the Sick Leave Bank will serve as a depositor into which participating employees may donate accrued sick leave time for allocation to other employees; and

WHEREAS, the purpose of the Sick Leave Bank is to provide eligible employees with additional sick leave time to alleviate hardship caused from catastrophic illness or injury which forces the employee to exhaust all sick leave time and thereby lose compensation.

NOW THEREFORE BE IT ORDAINED by the Town Council of the Town of Speedway, Indiana that Section 2.28.036 of Chapter 2.28 of the Speedway Municipal Code is added to read as follows:

"2.28.036 Sick Leave Bank Program for Town Employees.

1. "Catastrophic injury or illness" is defined as a severe condition or combination of conditions affecting the physical health of an individual. The catastrophic injury or illness must require the continuing services of a physician.

 

2. "Clerk-Treasurer" means the Clerk-Treasurer of the Town of Speedway, Indiana.

 

3. "Contributing Employee" means an employee that contributes sick leave to the Sick Leave Bank.

4. "Employee" means an employee of the Town of Speedway, Indiana and includes public safety employees.

 

5. "President" means the President of the Town Council of the Town of Speedway, Indiana.

6. "Review Committee" means the Town Manager, Clerk-Treasurer, and President.

7. "Sick leave Day" means one (1) actual sick leave accrual day or eight (8) hour equivalent. Sick leave shall be contributed and used based upon eight 8) hour equivalent days.

8. "Town" means the Town of Speedway, Indiana.

9. "Town Manager" means the Town Manager of the Town of Speedway, Indiana.

1. The Sick Leave Bank is available to those Employees who have completely exhausted all paid time off and are not receiving disability benefits under worker's compensation or an existing pension plan.

2. Eligibility for participation in the Sick Leave Bank is effective upon the Employee's hire date.

3. Eligibility for participation in the Sick Leave Bank will discontinue upon Employee's termination of employment or death of the Employee.

4. Benefits from the Sick Leave Bank are not available retroactively. An applicant must submit an application prior to the first date of eligibility for a withdrawal from the Sick Leave Bank or date of Sick Leave Day request. However, any application filed after the passage of this Ordinance may include a request fro Sick Leave Days beginning with the effective date of the Sick Leave Bank program.

5. Once sick leave time is donated, the sick leave time is no longer available to the Contributing Employee.

6. Any sick leave time remaining in the Sick Leave Bank at the end of the fiscal year will be carried over to the next fiscal year.

 

7. Participation in the Sick Leave Bank Program is strictly voluntary.

1. Any Employee who wishes to donate sick leave time must sign a Sick Leave Bank Donation Form, as provided by the Clerk-Treasurer, indicating the number of sick days to be transferred to the Sick Leave Bank. Each sick leave day donated by the Employee will be converted into Sick Leave Days and placed in the Sick Leave Bank.

2. The minimum number of sick leave days an Employee may contribute is one (1) day. The Contributing Employee must retain a minimum of three (3) days of sick leave in his/her personal account.

3. No transfer of funds shall occur, but the Contributing Employee's sick leave balance is reduced by the number of day(s) donated to the Sick Leave Bank.

4. Contributing Employees may not designate a particular Employee to receive the donated hours.

5. All contributions to the Sick Leave Bank remain the property of the Sick Leave Bank and under no circumstances can a Contributing Employee withdraw his/her contributed sick time from the Sick Leave Bank.

6. Contributions to the Sick Leave Bank will not count against the accrual of a perfect attendance day.

1. An Employee must request sick leave from the Sick Leave Bank on the Application for Sick Leave Bank form, as provided by the Clerk-Treasurer. The Application for Sick Leave Bank form must then be presented to the Clerk-Treasurer of the Town with verification from the Employees department as to sick time available.

2. In the event that an Employee is physically unable to make a request to the Sick Leave Bank for use of sick leave days, a family member or designee may file the request.

3. All requests for sick leave from the Sick Leave Bank must be accompanied by a physician's statement that includes the beginning date of the condition, a description of the illness or injury and the prognosis for recovery. All request should also indicate the estimated number of sick leave time requested.

4. The Review Committee will render a decision to the Employee within seven (7) working days after receipt of the request. The amount, if any, of sick leave time granted for each request will be determined by the Review Committee.

5. If the recipient of the approved Sick Leave Bank time returns to work before the received Sick Leave Bank time has been expended, the Sick Leave Bank time must be returned to the Sick Leave Bank.

6. Employees will not be entitled to accumulate sick leave while drawing leave from the Sick Leave Bank.

1. In the event an Employee is denied sick leave time from the Sick Leave Bank, the Employee may appeal the decision to the Safety Board (which is the Town Council of the Town). The Safety Board must provide a report that includes the decisions made on each appeal presented.

2. Formal written letters of appeal must be submitted to the Town Manager.

3. A formal response to such appeal must be issued within fifteen (15) working days of receipt. Such formal response is final and binding.

G. Effective Date. The effective date of the Sick Leave Bank Program will be as of September 1, 2006.

PASSED AND ADOPTED on the 25th day of September, 2006.