executed MOU Police Rank & File Association 2006-2009

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In lieu of the existing holiday accrual language in this Section, effective every July all employees covered by the MOU shall accrue ten hours of holiday leave each month during the pay period which includes their anniversary date. Any balance of accrued hours on the books each July 1 from the prior fiscal year may be paid off on July 1 at the employee's option. The Association agrees to provide that employees may carry over from fiscal year to fiscal year (July 1 — June 30) no more than 240 hours of accrued by unused holiday leave. Any balance on June 30 that exceeds the 240 -hour cap shall be paid to the employee in cash at the employee's regular rate of pay. Employees who wish to exercise their option to sell back holiday hours on June 30 must process a written request to Finance no later than June 15 of that fiscal year. Section 3: Sick Leave A. Accrual Sick leave with pay shall be granted by the appointing authority at the rate of eight hours for each calendar month of service. Sick leave shall not be considered as a privilege which an employee may use at his discretion, but shall be allowed only in case of necessity and actual sickness or disability. Unused sick leave shall be accumulated at the rate of 96 hours a year. There shall be no limit on the amount which can be accumulated. B. Sick Leave Reports In order to receive compensation while absent on sick leave, the employee shall notify his/her immediate superior or the City Manager prior to or within four hours after the time set for beginning his/her daily duties, or as may be specified by the Department Director. When absence is for more than three work days, the employee shall file a physician's certificate or a personal affidavit with the City Manager, stating the cause of the absence. C. Family Attendance Employees shall have the option of using sick leave for attendance to family members, or the employee may request to take leave without pay for attendance to family members. Family members include employee's father, father-in- law, mother, mother-in-law, brother, brother-in-law, sister, sister-in-law, wife, husband, child, grandparent, grandchild or domestic partner. D. Accumulated Hours at Termination Except as otherwise herein stated, accumulated sick leave is lost when the employee is terminated. In no event shall employees who have not worked for the City as regular salaried employees for more than five years be entitled to use sick leave to defer termination of their employment by the City nor shall they be compensated for sick leave upon such termination for any reason including but not limited to retirement. An employee who is permanently disabled from performing the duties of the position shall be retired upon that fact being established. In the event such employee applies for and consents to such retirement, then upon the retirement being accomplished, the employee shall be compensated for his/her accumulated unused sick leave (if and only if he/she has five years of regular paid City service) by payment in a lump sum. That sum is determined as follows: The number of days of sick leave accrued, multiplied by his/her gross daily earnings at the time of termination, multiplied by a percentage as follows: If employed more than five years, but less than ten 10% If employed ten years, but less than fifteen 25% If employed fifteen years or more 50% Sworn personnel, who, by state law are entitled to up to one year of salary while temporarily disabled due to job incurred injuries, shall not be entitled to use sick leave to defer their retirement for disability. Such personnel are not entitled to use sick leave for job -incurred injuries. With regard to such personnel, they shall be retired as soon as it is determined that they are permanently disabled from performing the duties of their position. Upon it being determined that such a person is permanently so disabled, if he/she immediately applies for and consents to his/her Page 17 of 21 CPOA (Police) MOU 2006-2009 (2)