PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 11.3

Transcription

1 PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 11.3 Issued Date: Effective Date: Updated Date: SUBJECT: SICK LEAVE SWORN PERSONNEL INDEX SECTION TITLE PAGE NUMBER 1 Policy 1 2 Sick Leave Accruals 1 3 Payment of Sick Leave 2 4 Use of Sick Leave 2 5 Reporting Off Sick 2 6 Injuries Incurred While Off Duty 3 7 Medical Certificate Required 4 8 Excessive Use of Sick Leave List 5 9 Sick Leave While on Vacation 6 10 Use of Sick Leave on a Scheduled Holiday 6 11 Sick Leave Control 6 12 Commanding Officers Responsibility 7 13 Penalties 8 14 Request for Sunshine Pass While on Sick 8 Leave 15 Return to Duty 9 16 Conversion of Sick Leave to Vacation Leave Sick Leave Credits Use of Sick Leave for Maternity Related 12 Absence Appendix A Sick Leave Civilian Personnel

2 PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 11.3 Issued Date: Effective Date: Updated Date: SUBJECT: SICK LEAVE SWORN PERSONNEL 1. POLICY A. Authorized sick leave with pay will be granted to an employee for absence from duty because of: 1. Illness or non-service connected injury. 2. Appointments with doctors or other recognized practitioners for the treatment of such illness or injury to the extent of time required to complete such appointments. 3. Exposure to contagious diseases. B. Personnel will be subject to visits and/or telephone calls between the hours of 7:00 a.m. and 1:00 a.m. by supervisory personnel of the Department as designated by the Police Commissioner with the exception of the following condition: 1. An employee with 150 days (1200 hours) or more of accumulated sick leave will not be called or visited by any supervisory personnel of the Department for the purpose of a sick leave check with the exception of those employees placed on the Excessive Use of Sick Leave List. C. All employees, sworn and civilian, requiring a physical examination at the Medical Evaluation Unit before returning to active duty from sick leave or a leave of absence must comply with the procedures as set forth in Section 15 of this directive. Compliance with these procedures are essential for completion of the physical examination and a timely return to active duty. D. All personnel who violate the provisions of this directive are subject to immediate disciplinary action. 2. SICK LEAVE ACCRUALS A. Sworn personnel hired before March 1993 will accrue sick leave at the rate of 1-2/3 days (13-1/3 hours) per calendar month. DIRECTIVE

3 B. Sworn personnel hired on or after March 1993 will accrue sick leave at the rate of 1-1/4 days (10 hours) per calendar month. C. Sick leave will be earned from the commencement of employment but may not be used or paid until an employee has completed three (3) months continuous service. 3. PAYMENT FOR SICK LEAVE A. An employee, upon retirement or their beneficiary upon the employee's death, will be paid for accumulated sick leave or convert to extend medical coverage as follows: 1. An employee who has accumulated sick leave up to 2499 hours, can be sold or converted at 50% of accumulated time. 2. An employee who accumulates more than 2500 hours of sick leave can be sold or converted at 60% of accumulated time. 4. USE OF SICK LEAVE A. Sworn personnel who report off sick on a working day for: 1. Two (2) hours or less - will not be charged with sick leave, providing that the employee's supervisor certifies the absence is due to illness. 2. More than two (2) hours to maximum of six (6) hours will be charged with four (4) hour s sick leave. 3. More than six (6) hours - will be charged with eight (8) hours sick leave. 5. REPORTING OFF SICK A. Non-shift employees - must notify the district/unit no later than one (1) hour after the scheduled start of work. B. Shift employees - must notify the district/unit at least one half (½) hour before the start of the employee's shift. 1. A shift employee is any employee receiving a shift differential payment. C. Notification should be made to a supervisor. If a supervisor is unavailable, the employee receiving the notification will inform a supervisor as soon as possible. DIRECTIVE

4 D. Employees must inform their assigned district/unit that they are reporting off sick, expected date of return, specific location and phone number where confined, and name and relationship of person calling if the employee is unable to do so. 1. The Operations Room Supervisor (ORS) will ensure this information is entered on the Sending and Receiving Sheet (S&R). E. An employee will be required to call in only on the first day of any absence unless they will be unable to return to work on the expected date originally indicated. If unable to return to work on the original expected date, the employee must call in again giving a new expected date of return. F. Employee must remain at their residence or place of sick confinement until returning to duty. This will include regularly scheduled days off when preceded and followed by a day of absence for sick leave. G. An employee may leave their place of sick confinement to visit the following: 1. Doctor's Office 2. Pharmacy 3. Polling place 4. Place of worship 5. Retail outlet selling primarily food supplies 6. Other locations approved by the employee's Commanding Officer H. An employee must notify their district/unit prior to departure from and when returning to their place of sick confinement. 1. The supervisor notified will enter the time of the employee's departure and return in the "Remarks" column of the DAR, and on the Sending and Receiving Sheet. NOTE: The purpose of this procedure is to allow employee to leave their place of sick confinement for basic personal or injury or illness related needs. Abuse of this procedure will result in disciplinary action. I. Abuse of this procedure in this section constitutes a violation of policy and is subject to the penalties in Section INJURIES INCURRED WHILE OFF DUTY A. Report all injuries incurred while off duty by preparing and submitting three (3) copies of the Employee Injury Report (82-S-58) within two (2) working days after the occurrence. DIRECTIVE

5 B. If the injured employee is hospitalized or physically unable, preparation of this form will be the responsibility of the first supervisor notified of the injury. They will also ensure that the district/unit Commanding Officer is notified of the employee's injury. C. Distribution of Employee Injury Report (82-S-58): 1. Two (2) Copies Safety Officer 2. Original Injured Employee D. Whenever any employee is admitted to a hospital, their Commanding Officer will prepare a memorandum and submit it through channels to the Safety Officer. 7. MEDICAL CERTIFICATION REQUIREMENTS A. Sworn personnel must submit a doctor's certificate when absent for more than three (3) consecutive days. The certificate must be submitted within two (2) working days after the employee returns to work. 1. Employees placed on the Excessive Use of Sick Leave List will be required to bring a medical certificate for all subsequent use of sick leave. 2. An employee may produce a medical certificate for any sick day used in order to avoid the day being charged to excessive sick leave (as defined in Section 8). B. An employee is absent for more than ten (10) work days must submit a medical certificate during each pay period unless the employee's physician submits a written statement giving an estimated date of return to work which covers the period in question. C. A medical certificate will contain: 1. Date and doctor's authorized signature 2. Date and time the employee was treated 3. Address and telephone number of the doctor or practitioner 4. Date of expected return to duty D. Medical certification is subject to investigation, which may include telephone or written communication with the doctor. DIRECTIVE

6 8. EXCESSIVE USE OF SICK LEAVE LIST A. An employee will be placed on the Excessive Use of Sick Leave List when: 1. They use a total of eight (8) sick days without a medical certificate in a calendar year. a. The employee will be notified by their Commanding Officer after having used five (5) undocumented sick days that after three (3) additional undocumented days of sick leave during a calendar year will result in the employee being placed on the Excessive Use of Sick Leave List. b. The five (5) day undocumented sick warning memorandum must be given to the employee within ten (10) working days of their return to duty. 2. They develop a pattern of taking sick leave, which includes but shall not be limited to the following: a. Three or more occurrences of undocumented sick use on any specific tour of duty. b. Three or more occurrences of undocumented sick use before or after Regular Days Off. c. Three or more occurrences of undocumented sick use on any specific day of the week. d. Two or more occurrences of sick leave usage after being denied other leave. B. An employee will be placed on the Excessive Use of Sick Leave List for a rolling 12- month period from the time of being placed on the list, or from the time a violation resulting in disciplinary action occurs while on the list. 1. An employee on this list must present a medical certificate for all subsequent use of sick leave 2. Any employee placed on the Excessive Use of Sick leave List shall not be paid for the first day of the next four (4) occasions or the next twelve (12) months, whichever is shorter. The employee will be carried "T" on DAR for these occurrences. C. Repeated occurrences of being placed on the Excessive Use of Sick Leave List may constitute reason for disciplinary action. Presence on this list may affect request for transfer and eligibility for promotion. DIRECTIVE

7 D. An employee with a sick leave balance of 800 hours or more will be not be placed on this list without a formal inquiry with the Police Commissioner or their designee and a Fraternal Order of Police (FOP) representative. E. The Fraternal Order of Police will be notified monthly of all bargaining unit members placed on the Excessive Use of Sick Leave List. This notification will be made by the employees Commanding Officer. 9. SICK LEAVE WHILE ON VACATION A. An employee, taken ill while on vacation, may request to be carried on Sick Leave and take the remainder of accrued vacation at a later date. B. To be effective, the request must be in writing and: 1. Submitted to Commanding Officer through immediate supervisor. 2. The request must contain details of illness and be supported by a doctor's certificate if on sick status for four (4) or more days. C. The Commanding Officer will review the request and forward a memorandum to the Finance Officer as soon as possible to effect DAR change. D. Employees in this status are subject to all Sick Leave regulations. 10. USE OF SICK LEAVE ON A SCHEDULED HOLIDAY A. Sworn personnel will be carried off "sick" on any day that they are unable to work due to illness, including holidays, with the exception of their Scheduled Days Off. 11. SICK LEAVE CONTROL A. The ranking officer on duty in the employee's assigned district/unit may request supervisory personnel in the district wherein the employee resides or place of sick confinement to determine the validity of absence by conducting a sick check. The district/unit requesting and district conducting the sick check will record the request and the results thereof on the Sending and Receiving Sheet. 1. The supervisor conducting such visits will prepare a Complaint or Incident Report (75-48), containing the date and time of visit and whether or not at home. The employee will sign the bottom of the details block. DIRECTIVE

8 2. An employee with 150 days (1200 hours) or more of accumulated sick leave will not be called or visited by supervisory personnel or any other personnel for the purpose of a sick leave check with the exception of those employees placed on the Excessive Use of Sick Leave List. 3. Distribution of Incident Report (75-48) White Copy Personnel Officer Yellow Copy District Performing Visit Pink Copy District/Unit Requesting Visit 12. COMMANDING OFFICER'S RESPONSIBILITIES A. Commanding Officers will ensure that: 1. Sick leave usage for all personnel under their command is continually monitored for the purpose of identifying potential or actual excessive sick leave users. 2. An Excessive Use of Sick Leave List is established in their district/unit. 3. Employees are notified after having used five (5) undocumented sick days that three (3) additional undocumented days of sick leave during a calendar year will result in the employee being placed on the "Excessive Use of Sick Leave List. a. The five (5) day undocumented sick warning memorandum must be given to the employee within ten (10) working days of their return to duty. 4. Any employees who violate the applicable policies as stated in this directive are placed on the Excessive Use of Sick Leave List. 5. The employee is notified when placed on the "Excessive Use of Sick Leave List. 6. On the first day of each month a list of personnel on the "Excessive Use of Sick Leave List" is sent to the Personnel Officer and the Fraternal Order of Police (FOP). Include the employee(s) name, rank, payroll number, district/unit, and date of placement on the list. 7. Before placing an employee with a balance of 800 hours of sick leave on the "Excessive Use of Sick Leave List, submit a memorandum to the Police Commissioner requesting an inquiry be held with the Fraternal Order of Police. 8. Disciplinary procedures are instituted when an employee is in violation of the applicable sections of this directive. DIRECTIVE

9 9. They track the sick usage of all employees who are detailed in to their district/unit and issue all five (5) day sick warning memorandums and place employee(s) on the Excessive Sick Abuse List when warranted. 13. PENALTIES A. An employee who violates any of the provisions of the rules and regulations as stated in this Directive will not be paid for the days not worked and will be disciplined in accordance with the following procedures: 1st Occurrence 2nd Occurrence 3rd Occurrence - Written Warning - One (1) Day Suspension - Three (3) Day Suspension B. The employee will be counseled and advised by their supervisor when given the three (3) days' suspension. Prior to the meeting concerning suspension, the employee will be advised of the right to have a F.O.P. representative present. 4th Occurrence - Ten (10) Day Suspension C. The employee will be counseled and advised by the Division head or their designee in the presence of a F.O.P. representative, if requested by the employee, when given the ten (10) days' suspension. 5th Occurrence - May be discharged. 1. An occurrence is a violation of any of the provisions of the rules and regulations as set forth in this directive in a rolling 12-month period after an employee is placed on the Excessive Use of Sick Leave list. 2. An occurrence for a violation of any provisions of the rules and regulations as set forth in this directive for any employee that is NOT on the Excessive Use of Sick Leave list is based on a calendar year. 14. REQUEST FOR SUNSHINE PASS WHILE ON SICK LEAVE A. Permission 1. Permission to leave residence (Sunshine Pass) will only be granted by the Personnel Office. 2. Permission to leave will be valid only between the hours of 8:00 a.m. and 8:00 p.m. DIRECTIVE

10 B. Procedure: 1. Personnel desiring permission to leave residence will obtain a doctor's certificate containing the following information: a. Reason for need to leave residence b. Probable date of return to duty 2. Prior to reporting to the Personnel Office, prepare a memorandum to employees Commanding Officer, requesting authorization to apply at the Personnel Office for an application for permission to leave residence. 3. The employee's Commanding Officer will list their recommendations on the memorandum. 4. Report with the memorandum to the Personnel Office and prepare application for permission to leave residence (original and one copy) for approval/disapproval. C. Approval or Disapproval 1. Personnel whose applications have been approved will receive an authorization from the Personnel Office granting them permission to leave residence while off because of illness (Sunshine Pass). a. All authorizations will be effective for a period of two (2) weeks, at the end of which time the employee must re-apply in accordance with the procedure established in this section of the directive. 2. Personnel whose applications have been disapproved will remain in their place of sick confinement and will abide by all provisions of this directive. 3. The employee will notify their Commanding Officer via phone as to whether their request was approved or disapproved. This information will be entered on the employee's district/unit Sending and Receiving Sheet. 15. RETURN TO DUTY A. Employees must submit to their immediate supervisor all certificates of treatment covering the entire period of absence. B. When absent ten (10) or more consecutive calendar days, report to Employee Medical Services, 1901 Fairmount Avenue, for examination not later than 11 a.m. on or before the date of returning to duty. DIRECTIVE

11 1. Employees who are admitted to a medical facility for observation or treatment or who undergo a surgical procedure, will report to the Employee Medical Services for examination prior to returning to duty, regardless of the duration of the absence. This provision will apply to injuries and/or conditions arising from motor vehicle accidents, as well as other causes and will include "SAME DAY" and outpatient procedures. 2. When reporting to Employee Medical Services before returning to duty from sick leave, employees must present their Police Department identification card, and bring an original physician s medical certificate on official letterhead containing the following information: a. A current date b. A signature by the treating physician only (stamps and signature from office personnel are unacceptable). c. Dates of illness, injury, or disability d. Diagnosis e. Prognosis f. Date of return to duty g. Restrictions (If applicable) h. Dates of hospitalization (if applicable) i. Dates and type of surgery or delivery (if applicable) NOTE: Medical records must accompany the physician s certificate when an employee experiences any of the following: a. Surgery b. Hospitalization c. Emergency Room Treatment d. X-rays e. Medical treatment as the result of a motor vehicle accident 3. Employees should only report for their physicals 24 hours prior to their release date from their private physician. 4. Non-shift employees whose date of return falls on a Monday may report to Employee Medical Services on the previous Friday. 5. Shift employees whose date of return falls on the day immediately following their Scheduled Days Off may report to Employee Medical Services on the day immediately preceding their scheduled days off. However, shift employees whose date of return falls on a Monday and their squad is scheduled to work on the weekend, may not report to Employee Medical Services until Monday. DIRECTIVE

12 C. The district/unit Operations Room Supervisor will ensure that sick slips are forwarded to the Personnel Officer and that a notation is placed in the "Remarks section of the computerized DAR stating that the note was forwarded. 1. The name, badge number, payroll number, and unit of the employee will be clearly indicated on each certificate. 2. A copy of this slip will be maintained in the employee's district/unit. 16. CONVERSION OF SICK LEAVE TO VACATION LEAVE A. Employees who have 80 days (640 hours) or more of accumulated sick leave may exchange up to a maximum of 10 sick days (80 hours) at the conversion rate of two (2) days of sick leave for one (1) day of vacation leave. 1. Conversion must be accomplished in terms of full days (i.e. 16 hours sick leave = 8 hours vacation leave). B. Sick leave may be converted to vacation leave once a year between December 15 and January 15 by means of a computerized Sick-Vacation Conversion Option List. C. Commanding Officers will ensure that all employees eligible for this option properly indicate their choice on and sign the Sick-Vacation Conversion Option List. The original Option List will be returned to Police Finance when completed. D. The effective date of conversion will be after January 15 th for all personnel who exercise this option. 17. SICK LEAVE CREDITS A. If the average number of sick days used per employee by the Department in the calendar year is 20% less than the average number of sick days used per employee in the prior calendar year, all employees in the Department will be eligible to accumulate additional administrative days as follows: 1. An employee using no sick leave will receive two (2) additional administrative days. 2. An employee who uses less than five (5) days sick leave will receive one (1) additional administrative day. a. Administrative leave granted under this section must be used by June 30th of each year in accordance with applicable Civil Service Regulations. DIRECTIVE

13 18. USE OF SICK LEAVE FOR MATERNITY RELATED ABSENCE A. Any police officer or civilian police correctional officer who is incapacitated as a result of pregnancy will be permitted to use sick leave as follows: 1. In the period prior to delivery, sick leave may be used, with the approval of the Police Commissioner, upon the written recommendation of the officer's doctor that she can no longer work. 2. Without further justification, sick leave may be used from the time of delivery forward for four (4) calendar weeks. 3. Additional sick leave may be used beyond the four (4) week post-partum period when: a. Certified by the officer's physician b. Endorsed by the Police Commissioner or designee c. Approved by the Personnel Director B. The following additional regulations will apply: 1. The officer will immediately notify their Commanding Officer upon receiving medical confirmation of the fact that she is pregnant. 2. Upon the written approval of her attending physician a pregnant officer may continue on active duty for the first trimester (up to 12 weeks). a. Should the pregnant officer desire to remain on active duty beyond 12 weeks, she may have this extended up to but not beyond 20 weeks. In order to obtain this extension, the officer must report to Employee Medical Services with a letter from her physician verifying that she can continue on active duty without risk to her pregnancy. 3. If the active duty extension is not exercised, the pregnant officer will be placed on restricted duty with sedentary activity. Duty beyond 20 weeks gestation will be of a restricted nature only and will not involve any physical stress. 4. The pregnant officer will ensure that her attending physician keeps Employee Medical Services advised of her condition via written communication. 5. The pregnant officer may continue to work in a restricted duty capacity unless her physician indicates in writing that her condition renders her incapable of performing such work. DIRECTIVE

14 6. Following delivery - return to work will not be approved until the officer reports to Employee Medical Services with a letter from her attending physician stating that she is physically able to return to duty. Employee Medical Services will determine the type of duty status (i.e. restricted or active) to which the officer will return. BY COMMAND OF THE POLICE COMMISSIONER DIRECTIVE

15 PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 11.3 APPENDIX "A" Issued Date: Effective Date: Updated Date: SUBJECT: SICK LEAVE - CIVILIAN PERSONNEL 1. POLICY A. Authorized sick leave with pay will be granted to an employee for absence from duty because of: 1. Illness or non-service connected injury. 2. Appointments with doctors or other recognized practitioners for the treatment of such illness or injury to the extent of time required to complete such appointments. 3. Exposure to contagious diseases. B. Personnel will be subject to visits and/or telephone calls during their tour of duty, between the hours of 7:00 a.m. and 1:00 a.m., by supervisory personnel of the department as designated by the Police Commissioner. C. Personnel with 150 or more days (1200 hours) in accumulated sick leave will not be subject to a visit or telephone call by supervisory personnel unless placed on the Excessive Use of Sick Leave List. D. An employee who is injured, disabled, or becomes ill, as a result of outside employment, shall not be given paid sick leave. E. Employees who violate the provisions of this directive are subject to immediate disciplinary action. 2. SICK LEAVE ACCRUALS A. Civilian personnel hired before October 1, 1992, will accrue sick leave at the rate of 1-2/3 days (13-1/3 hours) per calendar month (20 days a year) each year. B. Civilian personnel hired on or after October 1, 1992, shall accrue sick leave at the rate of 1-1/4 days (10 hours) per calendar month (15 days a year) each year. DIRECTIVE APPENDIX A

16 C. Civilian personnel represented by District Council 47 and Civil Service Non- Represented Employees hired after June 30, 1986, will accrue sick leave at the rate of 1-1/4 days (10 hours) per calendar month (15 days a year) each year for their first three (3) years. D. The maximum sick leave accrual for civilian personnel is 1600 hours (200 days). E. Sick Leave will be earned from the commencement of employment but may not be used or paid until an employee has completed three (3) months of continuous service. 3. SICK LEAVE CHARGES A. All sick time used, in any time increment, will be charged to the employee's accumulated sick leave balance, except as otherwise provided in Civil Service Regulations and/or respective labor agreements. 4. USE OF SICK LEAVE A. Employees who report off sick on a working day will be charged with all sick time used to the nearest 1/2 hour. B. Civilian personnel represented by District Council #47 and Civil Service Non- Represented Employees hired after June 30, 1986, shall receive compensation for sick leave at the rate of 75% of normal compensation for any undocumented (no medical certificate) sick days used in any calendar year after the employee has received notice that five (5) undocumented sick days have already been used that year. C. Civilian personnel represented by District Council #47 and Civil Service Non- Represented Employees will be granted Family Sick Leave. Employees shall be permitted to use up to five (5) days of accumulated sick leave for the care of dependents in the household who are sick or disabled. Use of such days shall be in accordance with the citywide civilian sick leave policy. Employees may be required to provide proof of the relationship of such dependent relatives in the household. D. Family sick days not documented by a physician's note will be considered undocumented and will count towards placement on the Excessive Use of Sick Leave List. 5. REPORTING OFF SICK A. Civilian personnel reporting off sick will: DIRECTIVE APPENDIX A

17 1. Notify their assigned District or Unit. a. Non-Shift personnel - no later than one (1) hour after they are scheduled to start work. b. Shift personnel - at least one (1) hour before they are scheduled to start work. 2. Call in only on the first day of any absence, indicating the expected date of return and the address and telephone number where confined if different from that on file in the Department. If unable to return to work on the date originally indicated, the employee must call in again indicating the new expected date of return. a. The supervisor will ensure that this information is entered on the Sending and Receiving Sheet or the Daily Time Report Sheet (82-S-6). 3. Remain at home (or place of sick confinement) except for personal needs or needs related to the reason for being on sick leave. 4. Notify their district/unit of assignment, during the employee's regular working hours, when leaving home and upon return. a. The supervisor notified will enter the time the employee reports out and the time the employee reports back in the "Remarks" column of the Daily Attendance Report (DAR) and on the Sending and Receiving Sheet. b. While on sick leave, an employee may be called or visited by a Police Supervisor unless the employee has 150 days or more credited sick leave. 6. INJURIES INCURRED WHILE OFF DUTY A. Report all injuries incurred while off duty by preparing and submitting an Employee Injury Report (82-S-58) three (3) copies within two (2) working days after occurrence. 1. If the injured employee is hospitalized or physically unable, preparation of this form will be the responsibility of the first supervisor notified of the injury. They will also ensure that the district/unit Commanding Officer is notified of the employee's injury. 2. Distribution of Employee Injury Report (82-S-58): a. Two (2) Copies Safety Officer b. Original Injured Employee DIRECTIVE APPENDIX A

18 3. Whenever any employee is admitted to a hospital, their Commanding Officer/Supervisor will prepare a memorandum and submit it through channels to the Safety Officer. 7. MEDICAL CERTIFICATION REQUIREMENTS A. A medical certificate is required for all absences of more than two (2) consecutive work days and must be submitted to the employee's appropriate authority or designee within two (2) working days after the employee returns to work. B. When sick time is taken immediately preceding pre-approved vacation time, the medical certificate is due by the close of business on the second day upon return. C. Failure to adhere to the time limits for submitting medical certification will result in an employee not being paid for the time not worked and may result in further discipline. D. Notwithstanding the foregoing, an employee who has been placed on the Excessive Use of Sick Leave List as set forth in Section 12 shall be required to bring a medical certificate for all use of sick leave until such time as they are removed from the list. NOTE: Failure to adhere to the time limits for submission of medical certification while on the Excessive Use of Sick Leave List will subject an employee to the penalties outlined in Section 14. E. In order to be compensated, an employee who must be absent for more than ten (10) work days must submit a medical certificate during each pay period, unless the employee's physician submits a written statement giving an estimated date of return to work, which covers the period in question. F. A medical certificate must contain the following information: 1. The date and time the employee was treated. 2. The dates that the employee was unable to work due to injury or illness. NOTE: In order to be considered as a certified sick leave absence, all time off must be specifically included in the doctor's note. A doctor's note for a visit will not be considered to excuse an employee from an entire day's absence unless the note specifically indicates that the employee was unable to work for the entire day. 3. If appropriate, the date of expected return to work. 4. The address and telephone number of the doctor or practitioner. DIRECTIVE APPENDIX A

19 5. Date and doctor's authorized signature. G. Medical certification is subject to investigation, which may include telephone or written communication with the doctor. 8. SICK LEAVE WHILE ON VACATION A. An employee, taken ill while on vacation, may request to be carried on Sick Leave and take the remainder of accrued vacation at a later date. B. To be effective, the request must be in writing and: 1. Submitted to Commanding Officer through immediate supervisor. 2. The request must contain details of illness and be supported by a doctor's certificate if on sick status for three (3) or more days. C. Commanding Officer will review the request and forward a Memorandum to the Finance Officer as soon as possible to effect Daily Attendance Report (DAR) change. D. Employees in this status are subject to all Sick Leave regulations. 9. USE OF SICK LEAVE ON A SCHEDULED HOLIDAY A. Civilian Personnel off sick on a holiday will be carried off on holiday leave on that day. 10. SICK LEAVE CONTROL A. The ranking officer or civilian supervisor on duty in the employee's district/unit may request supervisory personnel in the district wherein the employee resides to determine the validity of absence by conducting a sick check. The district/unit requesting and district conducting the sick check will record the request and the results thereof on the Sending and Receiving Sheet or the Daily Time Report Sheet (82-S-6). 1. The supervisor conducting such visits will prepare a Complaint or Incident Report (75-48), containing the date and time of visit and whether or not at home. The employee will sign the bottom of the "Details" block. 2. Distribution of the Complaint or Incident Report (75-48): DIRECTIVE APPENDIX A

20 White Copy Yellow Copy Pink Copy Personnel Office District / Unit Performing Visit District / Unit Requesting Visit 11. COMMANDING OFFICER'S RESPONSIBILITIES A. Commanding Officers will ensure that: 1. Sick leave usage for all personnel under their command is continually monitored for the purpose of identifying potential or actual excessive sick leave users. 2. An Excessive Use of Sick Leave List is established in their district/unit. 3. The employee is notified after having used five (5) undocumented sick days and that three (3) additional undocumented days of sick leave during a calendar year will result in the employee being placed on the Excessive Use of Sick Leave List. a. The five (5) day undocumented sick warning memorandum must be given to the employee within ten (10) working days of their return to duty. 4. Employees who violate the applicable policies as stated in this directive are placed on the "Excessive Use of Sick Leave List. 5. The employee is notified when placed on the "Excessive Use of Sick Leave List. 6. On the first day of each month, a list of personnel on the "Excessive Use of Sick Leave List" is sent to the Personnel Office. Include the employee(s) name, payroll number, district/unit, and date of placement on the list. 7. Employees with an earned sick leave balance of 100 days or more is not placed on the "Excessive Use of Sick Leave List" until a formal inquiry is held with the Department head or designee and a Union representative. 8. Disciplinary procedures are instituted when an employee is in violation of the applicable sections of this directive. 12. EXCESSIVE USE OF SICK LEAVE LIST A. Any employee who, in a calendar year uses a total of eight (8) sick days in full or partial-day occurrences without a medical certificate or who exhibits a pattern of taking undocumented sick leave usage, without a medical certificate will be placed on the Excessive Use of Sick Leave List by the personnel officer. DIRECTIVE APPENDIX A

21 B. Questionable use of sick time such as using sick time after being denied other leave may constitute reason for being placed on the "Excessive Use of Sick Leave List." C. An employee shall be notified after having used five (5) undocumented days that three (3) additional undocumented days of sick leave within a calendar year will result in the employee being placed on the Excessive Use of Sick Leave List. 1. The five (5) day undocumented sick warning memorandum must be given to the employee within ten (10) working days of their return to duty. D. In addition to other penalties, an employee placed on the Excessive Use of Sick Leave List will not be paid for the first day of any certified sick leave usage over the next four (4) occasion or next 12 months, whichever is shorter. E. Once an employee has been placed on the "Excessive Use of Sick Leave List," they will not be paid for any further use of sick leave not documented by a medical certificate. F. An employee will remain on the "Excessive Use of Sick Leave List" until 12 months have elapsed from the date of placement on the list provided that no additional violations of the policy or undocumented sick leave usage occur. Further violations of the policy or undocumented usage will cause the reckoning date for removal or an employee from the list to extend 12 months from the date of violation or undocumented usage. G. In the event an employee on the "Excessive Use of Sick Leave List" is granted a leave of absence, the reckoning date for removal from the list will be recalculated to extend the date by the number of days equal to the leave. 13. GRIEVANCES A. An employee who feels aggrieved when placed on the "Excessive Use of Sick Leave List," may file a grievance as outlined by Civil Service Regulations and respective labor agreements. 1. Any employee who has an earned sick leave balance of 100 days or more, shall not be placed on the "Excessive Use of Sick Leave List" until a formal inquiry is held with the department head or designee and a union representative (President, Business Agent, or designee). 2. Such an employee, who in spite of the aforementioned is placed on the "Excessive Use of Sick Leave List, "may appeal such listing to an appropriate higher authority. DIRECTIVE APPENDIX A

22 B. An employee who has been placed on the "Excessive Use of Sick Leave List," and is subject to any penalty as set forth in this directive, is entitled to grieve the discipline in accordance with the appropriate procedure for appealing any disciplinary action. 14. PENALTIES A. An employee who violates any of the provisions of the rules and regulation set forth in this directive will not be paid for the days not worked and will be disciplined in accordance with the following procedure: First Occurrence Second Occurrence Third Occurrence Written Warning One (1) Day Suspension Three (3) Day Suspension The employee will be counseled and advised by their supervisor, when given the three (3) day suspension. The employee has the right to union representation at the counsel meeting. Fourth Occurrence Ten (10) Day Suspension The employee will be counseled and advised by the division head or designee in the presence of a union representative, if requested by the employee, when given the ten (10) days suspension. Fifth Occurrence Subject to Discharge An occurrence is a violation of any of the provisions under Sections 5 and 7 of these rules and regulations in a rolling 12-month period. B. Loss of pay days are to be recorded as "T" days, unpaid sick leave, and counted towards the eight (8) days for placement on the "Excessive Use of Sick Leave List." NOTE: The maximum time an employee can be carried "T" is 15 consecutive working days. On the 16th day the employee is dropped from the payroll unless a formal medical leave of absence has been submitted. 15. REQUEST FOR "SUNSHINE PASS" WHILE ON SICK LEAVE A. Permission 1. Permission to leave residence (Sunshine Pass) will only be granted by the Personnel Officer. 2. Permission to leave may be granted only between the hours of 8 a.m. to 8 p.m. DIRECTIVE APPENDIX A

23 B. Procedures: 1. Personnel desiring permission to leave residence will obtain a doctor's certificate containing the following information: a. Reason for need to leave residence b. Probable date of return to duty 2. Prior to reporting to the Personnel Officer, prepare a memorandum to employees Commanding Officer, requesting authorization to apply at the Personnel Office for an application for permission to leave residence. 3. The employee's Commanding Officer will list their recommendations on the memorandum. 4. Report with the memorandum to the Personnel Officer and prepare application for permission to leave residence (original and one carbon) for approval/disapproval. C. Approval or Disapproval: 1. Personnel whose applications have been approved will receive an authorization from the Personnel Officer who will grant them permission to leave residence while off duty because of illness. a. Authorization will be effective for a period of two (2) weeks, at the end of which time the employee must re-apply in accordance with the procedure established in this Section. 2. Personnel whose applications have been disapproved will remain in their place of confinement and will abide by all provisions of this directive. 3. The employee will notify their Commanding Officer via phone as to whether their request was approved or disapproved. This information will be entered on the employee's district/unit Daily Complaint Summary (75-67). 16. RETURN TO DUTY A. Submit to immediate supervisor all certificates of treatment covering the entire period of absence. B. When absent for ten (10) or more consecutive calendar days, report to Employee Medical Services, 1901 Fairmount Ave., for examination, before returning to duty. DIRECTIVE APPENDIX A

24 C. Before reporting to Employee Medical Services, call Police Personnel Office to set up an appointment with the Dispensary. D. When reporting to Employee Medical Services before returning to duty from sick leave, employees must present their Police Department identification card, and bring an original physician s medical certificate on official letterhead containing the following information: a. A current date b. A signature by the treating physician only (stamps and signature from office personnel are unacceptable). c. Dates of illness, injury, or disability d. Diagnosis e. Prognosis f. Date of return to duty g. Restrictions (If applicable) h. Dates of hospitalization (if applicable) i. Dates and type of surgery or delivery (if applicable) NOTE: Medical records must accompany the physician s note when an employee experiences any of the following: a. Surgery b. Hospitalization c. Emergency Room treatment d. X-rays e. Medical treatment as the result of a motor vehicle accident E. Employees who are admitted to a medical facility for observation or treatment or who undergo a surgical procedure, will report to Employee Medical Services for examination prior to returning to duty, regardless of the duration of absence. This provision will apply to injuries and/or conditions arising from motor vehicle accidents as well as any other cause and will include "same day" and outpatient procedures. F. District/Unit Operations Room Supervisor on duty will ensure that all certificates are attached to the Daily Attendance Report (DAR) on the date submitted. In addition, in the remarks section of the DAR, insert "doctor's slip forwarded." 1. The Finance Officer will have the responsibility of forwarding all certificates to the Personnel Officer on a daily basis. DIRECTIVE APPENDIX A

25 17. CONVERSION OF SICK LEAVE TO VACATION LEAVE A. Each full-time civilian employee may convert two (2) sick days for one (1) vacation day to a maximum conversion of twenty (20) sick days for ten (10) vacation days. This is provided the employee maintains an accrued balance of eighty (80) days (640 hours) after the conversion. 1. Conversion must be accomplished in terms of full days (i.e., 16 hours sick leave = 8 hours vacation leave). NOTE: The provisions of this Section do not apply to Non-Represented personnel. B. Sick leave may be converted to vacation leave once a year between January 1st and March 31st of each fiscal year, by means of a computerized Sick-Vacation Conversion Option List. C. Commanding Officers will ensure that all employees eligible for this option properly indicate their choice on and sign the Sick-Vacation Conversion Option List. The original Option List will be returned to Police Finance when completed. D. The effective date of conversion will be after March 31st for all personnel who exercise this option. 18. SICK LEAVE CREDITS/CONVERSIONS A. If the average number of sick days used per employee in a department in a calendar year is 20% less than the average number of sick days used in the prior calendar year, then all employees in the department will be eligible for the following bonus: 1. An employee who uses no sick time will receive two (2) Administrative Leave Days. 2. An employee who uses less than five (5) days of sick time will receive one (1) Administrative Leave Day. a. Administrative Leave Days granted under this section must be used by June 30th of each year in accordance with appropriate Civil Service Regulations. 19. USE OF SICK LEAVE FOR MATERNITY RELATED ABSENCE A. Any employee who is incapacitated as a result of pregnancy will be permitted to use sick leave as follows: DIRECTIVE APPENDIX A

26 1. In the period prior to delivery, sick leave may be used, with the approval of the Police Commissioner, upon the written recommendation of the employee's doctor that she can no longer work. a. The Commanding Officer of the district/unit should advise the Personnel Officer by memorandum that the employee is on sick status and will not return until the completion of the post-partum period. 2. Without further justification, sick leave may be used from the time of delivery forward for four (4) calendar weeks. 3. Additional sick leave may be used beyond the four (4) week post-partum period when: a. Certified by the employee's physician b. Approved by the Personnel Director c. Endorsed by the Police Commissioner or his designee. BY COMMAND OF THE POLICE COMMISSIONER DIRECTIVE APPENDIX A