Paid Leave Program. 36.1 Regular, full-time employees with an average, regular work week of fifty-six (56) hours will be entitled to paid leave benefits in accordance with to the following provisions: 36.1.1 For the first four (4) years of continuous, full-time service, such employees shall accrue paid leave at the rate of twelve and one-half (12.5) hours (which appears on the payroll stub as 12:30 hours) for each complete bi-weekly pay period (325 hours per year). 36.1.2 Upon completion of four (4) years of continuous, full-time service, such employees shall accrue paid leave at the rate of thirteen and one quarter (13.25) hours (which appears on the payroll stub as 13:15 hours) for each complete bi- weekly pay period (344.50 hours per year). 36.1.3 Upon completion of eight (8) years of continuous, full-time service, such employees shall accrue paid leave at the rate of fourteen and three quarters (14.75) hours (which appears on the payroll stub as 14:45 hours) for each complete bi-weekly pay period (383.50 hours per year). 36.1.4 Upon completion of fourteen (14) years of continuous, full-time service, such employees shall accrue paid leave at the rate of sixteen (16.00) hours (which appears on the payroll stub at 16:00 hours) for each complete bi-weekly pay period (416 hours per year). 36.1.5 Upon completion of nineteen (19) years of continuous, full-time service, such employees shall accrue paid leave at the rate of eighteen and one-half (18.50) hours (which appears on the payroll stub as 18:30 hours) for each complete bi-weekly pay period (481hours per year). 36.1.6 Upon completion of twenty-four (24) years of continuous, full-time service, such employees shall accrue paid leave at the rate of nineteen and one-half (19.50) hours (which appears on the payroll stub as 19:30 hours) for each complete bi-weekly pay period (507 hours per year). 36.2 An employee requesting paid leave time for an absence from work as a result of any injury or illness which comes under the State of California Worker's Compensation Insurance and Safety Act after eligibility for Industrial Accident Leave has ended shall receive maximum compensation from ANAHEIM in an amount equal to the difference between temporary disability payments mandated by the State of California Worker's Compensation Insurance and Safety Act and the regular hourly rate of pay. 36.3 Paid leave time shall continue to accrue in accordance with the above provisions during any period of leave with pay except that employees who remain on Industrial Accident Leave after exhausting State mandated 4850 benefits shall accumulate no paid leave time. 36.4 Paid leave time in excess of three (3) consecutive work shifts shall require the prior authorization of the Fire Chief or a certification from a licensed medical practitioner that the employee is disabled and unable to work. Paid leave time for reasons other than illness or injury shall be scheduled and taken in the best interests of ANAHEIM and the Fire Department. Failure on the part of the employee to comply with these requirements may be considered grounds for disciplinary action. 36.5 An employee shall have one-half (1/2) hour deducted from the accrued paid leave time for each one-half (1/2) hour of paid leave time taken. 36.6 The minimum amount of paid leave time that may be taken at any time is one-half (1/2) hour. 36.7 The maximum amount of paid leave time that may be taken at any time shall be that amount that has accrued to the employee. 36.8 An employee who utilizes paid leave time under the provisions of this ARTICLE shall inform their immediate supervisor of the fact and the reason as soon as possible and shall ensure that their position is manned in accordance with Fire Department operating policies. 36.9 In the event that an employee leaves work during working hours and is placed on paid leave time prior to the close of the work day, such paid leave time shall be calculated to the nearest hour. 36.10 Paid leave time which is accrued but not taken shall be paid under the following conditions: 36.10.1 Upon termination, the employee shall be paid for all hours accrued but not used in excess of two hundred forty five (245) hours. In the event the employee retires from ANAHEIM service, all hours accrued but not used shall be paid out at the employee's regular hourly rate of pay. 36.10.2 An employee shall be paid at the employee’s regular hourly rate of pay for all paid leave time hours accrued but not used in excess of three hundred fifty (350) hours (or at the employees option in excess of seven hundred fifty (750) hours in each calendar year. Payment shall be made in January of each year. 36.10.3 An employee may be paid at the employee’s regular hourly rate of pay for all or a portion of paid leave time hours accrued but not used in excess of two hundred forty-five (245) hours upon submission of a written and signed request to the Finance Department, Payroll Office. Requests submitted during any bi-weekly pay period shall be paid on the payday for that pay period. A maximum of four such payments shall be allowed each calendar year. When requested, such payments may be diverted to the employee’s Deferred Compensation account, within limits established by law. 36.11 In the event an employee's work schedule changes from a forty (40) hour assignment to a fifty-six (56) hour assignment, the paid leave account shall be established as follows: 36.11.1 accumulated shall be added together, multiplied by the ratio of 56/40 (1.4), and rounded to the next highest whole hour. 36.11.2 Sick leave and The employee's paid leave account shall be credited with the hours resulting vacation hours from this calculation and shall be immediately available for use. 36.12 In the event an employee's work schedule changes from a fifty-six (56) hour assignment to a forty (40) hour assignment, paid leave accrued but not taken shall be converted as follows: 36.12.1 Hours in the employee's paid leave time account shall be reduced by multiplying the balance by the ratio of 40/56 (.7143) rounded to the next highest whole hour. 36.12.2 The employee's account balance for sick leave with pay shall be credited with all hours to a maximum of one hundred seventy five (175) and shall be available for immediate use. 36.12.3 The employee's account balance for vacation with pay shall be credited with any hours remaining and shall be immediately available for use. 36.13 Paid leave time shall be used under the provisions of this ARTICLE for absences as the result of a non-occupational illness or injury for up to ten (10) regularly scheduled work shifts per occurrence. In the event such an absence exceeds ten (10) regularly scheduled work shifts, an employee may, at the employee’s option, use accrued paid leave time in lieu of the disability benefit described in Section 36.14 below. When exercising such an option, the employee shall exhaust all accrued paid leave time prior to receiving any disability benefit for the remainder of the Short Term Disability benefit period. 36.14 An employee who has completed six (6) months as a regular, full-time employee and is continuously and totally disabled for more than ten (10) regularly scheduled work shifts shall be eligible to receive a disability benefit of net sixty percent (60%) of the employee’s base rate of pay, after withholding taxes and less deductible benefits. Such disability benefit shall continue during total disability up to a maximum of six (6) months from date of disability. 36.14.1 Deductible benefits include salary or other compensation paid by any employer, Worker's Compensation Act, or similar law including benefits for partial or total disability, whether permanent or temporary if benefits being received are for the current disabling condition; a pension plan toward which ANAHEIM contributed. 36.14.2 Total disability means an employee’s complete inability to engage in the employee’s regular occupation. 36.14.3 Benefits are not payable unless the employee is regularly seen and treated by a licensed physician or medical practitioner who certifies to the continuing disability. 36.15 If two (2) or more periods of total disability occur during the elimination period for the insured Long Term Disability plan (hereinafter called “LTD”), all such periods shall be considered as one period of continuous total disability under the following conditions: 36.15.1 All periods of total disability must be due to the same cause or causes; and 36.15.2 All recurring periods of total disability that qualify as one period of continuous total disability for the insured LTD plan, shall qualify as one period of continuous total disability for the ANAHEIM Disability Plan and shall not require a new waiting period before ANAHEIM Disability Benefits will be paid; and 36.15.3 Commencement of the benefit period for the insured LTD plan shall automatically terminate benefits from the ANAHEIM Disability Plan. 36.16 An employee who is continuously and totally disabled shall receive LTD benefits in accordance with the provisions of Section 52.3.
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Sources: Memorandum of Understanding
Paid Leave Program.
36.1 RegularANAHEIM and the AFA agree that all regular, full-time fulltime employees with an average, regular work week workweek of fifty-fifty six (56) hours will be entitled to paid leave benefits in accordance with adhere to the following provisions:
36.1.1 For the first four (4) years of continuous, full-time fulltime service, such employees shall accrue paid leave at the rate of twelve and one-half 9.75 hours for each complete biweekly pay period (12.5) 253.5 hours or 10.5625 shifts per year). Effective June 29, 2007, such employees shall accrue paid leave at the rate of 10.75 hours (which appears on the payroll stub as 12:30 10:45 hours) for each complete bi-weekly biweekly pay period (325 279.5 hours or 11.6458 shifts per year).
36.1.2 Upon completion of four (4) years of continuous, full-time fulltime service, such employees shall accrue paid leave at the rate of thirteen and one quarter 10.5 hours for each complete biweekly pay period (13.25) 273.0 hours or 11.375 shifts per year). Effective June 29, 2007, such employees shall accrue paid leave at the rate of 11.5 hours (which appears on the payroll stub as 13:15 11:30 hours) for each complete bi- weekly biweekly pay period (344.50 299.0 hours or 12.4583 shifts per year).
36.1.3 Upon completion of eight (8) years of continuous, full-time fulltime service, such employees shall accrue paid leave at the rate of fourteen and three quarters 12.0 hours for each complete biweekly pay period (14.75) 312.0 hours or 13.0 shifts per year). Effective June 29, 2007, such employees shall accrue paid leave at the rate of 13.0 hours (which appears on the payroll stub as 14:45 13:00 hours) for each complete bi-weekly biweekly pay period (383.50 338.0 hours or 14.0833 shifts per year).
36.1.4 Upon completion of fourteen (14) years of continuous, full-time fulltime service, such employees shall accrue paid leave at the rate of sixteen 13.25 hours for each complete biweekly pay period (16.00) 344.5 hours or 14.3542 shifts per year). Effective June 29, 2007, such employees shall accrue paid leave at the rate of 14.25 hours (which appears on the payroll stub at 16:00 as 14:15 hours) for each complete bi-weekly biweekly pay period (416 370.5 hours or 15.4375 shifts per year).
36.1.5 Upon completion of nineteen (19) years of continuous, full-time fulltime service, such employees shall accrue paid leave at the rate of eighteen and one-half (18.50) 14.75 hours (which appears on the payroll stub as 18:30 hours) for each complete bi-weekly biweekly pay period (481hours 383.5 hours or 15.9792 shifts per year).
36.1.6 Upon completion of twenty-four (24) years of continuous. Effective June 29, full-time service2007, such employees shall accrue paid leave at the rate of nineteen and one-half (19.50) 15.75 hours (which appears on the payroll stub as 19:30 15:45 hours) for each complete bi-weekly biweekly pay period (507 409.5 hours or 17.0625 shifts per year).
36.2 An employee requesting paid leave time for an absence from work as a result of any injury or illness which comes under the State of California Worker's Compensation Insurance and Safety Act after eligibility for Industrial Accident Leave has ended shall receive maximum compensation from ANAHEIM in an amount equal to the difference between temporary disability payments mandated by the State of California Worker's Compensation Insurance and Safety Act and the his or her regular hourly basic rate of pay.
36.3 Paid leave time shall continue to accrue in accordance with the above provisions during any period of leave with pay except that employees who remain on Industrial Accident Leave after exhausting State mandated 4850 benefits shall accumulate no paid leave time.
36.4 Paid leave time in excess of three (3) consecutive work shifts shall require the prior authorization of the Fire Chief or a certification from a licensed medical practitioner that the employee is disabled and unable to work. Paid leave time for reasons other than illness or injury shall be scheduled and taken in the best interests of ANAHEIM and the Fire Department. Failure on the part of the employee to comply with these requirements may be considered grounds for disciplinary action.
36.5 An employee shall have one-one half (1/2½) hour deducted from the his or her accrued paid leave time for each one-one half (1/2½) hour of paid leave time taken.
36.6 The minimum amount of paid leave time that may be taken at any time is one-one half (1/2½) hour.
36.7 The maximum amount of paid leave time that may be taken at any time shall be that amount that has accrued to the employee.
36.8 An employee who utilizes paid leave time under the provisions of this ARTICLE Article shall inform their immediate supervisor of the fact and the reason as soon as possible and shall ensure that their position is manned in accordance with Fire Department operating policies.
36.9 In the event that an employee leaves work during working hours and is placed on paid leave time prior to the close of the work day, such paid leave time shall be calculated to the nearest hour.
36.10 Paid leave time which is accrued but not taken shall be paid under the following conditions:
36.10.1 Upon termination, the employee shall be paid for all hours accrued but not used in excess of two hundred forty five (245) hours). In the event the employee retires from ANAHEIM service, all hours accrued but not used shall be reported as unused sick leave for additional service credit in accordance with the contract between ANAHEIM and the Public Employees Retirement System, or, at the option of the employee, paid out in cash at the employee's regular hourly rate of pay.
36.10.2 An employee shall be paid at the employee’s his or her regular hourly rate of pay for all paid leave time hours accrued but not used in excess of three hundred fifty (350) hours (or at the employees option in excess of seven hundred fifty (750) hours hours) in each calendar year. Payment shall be made in January of each year.
36.10.3 An employee may be paid at the employee’s his or her regular hourly rate of pay for all or a portion of paid leave time hours accrued but not used in excess of two hundred forty-forty five (245) hours upon submission of a written and signed request to the Finance Department, Payroll Office. Requests submitted during any bi-weekly biweekly pay period shall be paid on the payday for that pay period. A maximum of four such payments shall be allowed each calendar year. When requested, such payments may be diverted to the employee’s 's Deferred Compensation account, within limits established by law.
36.11 In the event an employee's work schedule changes from a forty (40) hour assignment to a fifty-six (56) hour assignment, the paid leave account shall be established as follows:
36.11.1 Sick leave and vacation hours accumulated shall be added together, multiplied by the ratio of 56/40 (1.4), and rounded to the next highest whole hour.
36.11.2 Sick leave and The employee's paid leave account shall be credited with the hours resulting vacation hours from this calculation and shall be immediately available for use.
36.12 In the event an employee's work schedule changes from a fifty-fifty six (56) hour assignment to a forty (40) hour assignment, paid leave time accrued but not taken shall be converted as follows:
36.12.1 Hours in the employee's paid leave time account shall be reduced by multiplying the balance by the ratio of 40/56 (.7143) rounded to the next highest whole hour.
36.12.2 The employee's ’s account balance for sick leave with pay shall be credited with all hours to a maximum of one hundred seventy five (175) and shall be available for immediate use.
36.12.3 The employee's account balance for vacation with pay shall be credited with any hours remaining and shall be immediately available for use.
36.13 Paid leave time shall be used under the provisions of this ARTICLE for absences as the result of a non-occupational illness or injury for up to ten (10) regularly scheduled work shifts per occurrence. In the event such an absence exceeds ten (10) regularly scheduled work shifts, an employee may, at the employee’s his or her option, use accrued paid leave time in lieu of the disability benefit described in ARTICLE Section 36.14 below. When exercising such an option, the employee shall exhaust all accrued paid leave time prior to receiving any disability benefit for the remainder of the Short Term Disability benefit period.
36.14 An employee who has completed six (6) months as a regular, full-time employee and is continuously and totally disabled for more than ten (10) regularly scheduled work shifts shall be eligible to receive a disability benefit of net sixty percent (60%) of the employee’s base rate of pay, after withholding taxes and less deductible benefits. Such disability benefit shall continue during total disability up to a maximum of six (6) months from date of disability.
36.14.1 Deductible benefits include salary or other compensation paid by any employer, Worker's Compensation Act, or similar law including benefits for partial or total disability, whether permanent or temporary if benefits being received are for the current disabling condition; a pension plan toward which ANAHEIM contributed.
36.14.2 Total disability means an employee’s complete inability to engage in the employee’s regular occupation.
36.14.3 Benefits are not payable unless the employee is regularly seen and treated by a licensed physician or medical practitioner who certifies to the continuing disability.
36.15 If two (2) or more periods of total disability occur during the elimination period for the insured Long Term Disability plan (hereinafter called “LTD”), all such periods shall be considered as one period of continuous total disability under the following conditions:
36.15.1 All periods of total disability must be due to the same cause or causes; and
36.15.2 All recurring periods of total disability that qualify as one period of continuous total disability for the insured LTD plan, shall qualify as one period of continuous total disability for the ANAHEIM Disability Plan and shall not require a new waiting period before ANAHEIM Disability Benefits will be paid; and
36.15.3 Commencement of the benefit period for the insured LTD plan shall automatically terminate benefits from the ANAHEIM Disability Plan.
36.16 An employee who is continuously and totally disabled shall receive LTD benefits in accordance with the provisions of Section 52.3.36.14
Appears in 1 contract
Sources: Memorandum of Understanding