Sec. 2-118. - Paid medical leave benefits.

(a)

Paid medical leave may be granted by the city to regular full-time employees in active pay status for the following purposes:

(1)

Personal illness or disability, including disabilities resulting from pregnancy and childbirth.

(2)

Bodily injury.

(3)

Required medical or dental examinations as a result of illness or disability or to maintain the sound mental or physical health of the employee.

(4)

Treatments, operations and other medical or dental procedures performed by a health care provider as a result of illness or disability.

(5)

Having or having been exposed to a contagious disease when continuing to work might affect the health of the employee or others.

(6)

Any serious health condition as defined in The Family and Medical Leave Act.

(b)

Paid medical leave for family purposes. Paid medical leave benefits may be granted by the city, to regular full-time employees in active pay status, when an illness or injury of a member of the immediate family requires the employee's attendance and for the birth, adoption or foster care placement of a child. The term "immediate family," for purposes of this section, will include an employee's spouse, child and parent, including in-law, step and foster relationships, or any person for whom the employee has a primary care responsibility.

(Ord. No. 4259-91; Ord. No. 4995-97, § 1; Ord. No. 5159-98, § 1)

Sec. 2-119. - Amount prescribed; accrual.

(a)

Paid medical leave shall accrue, for regular full-time employees in an active pay status, at the rate of five point five (5.5) hours per month except that firefighters assigned to twenty-four-hour shifts shall accrue sixteen (16) hours of paid medical leave per month.

(b)

Paid medical leave accrued but unused shall accumulate without limit.

(c)

Firefighters who transfer to or from twenty-four-hour shifts shall have all accrued paid medical leave balances converted to equivalent leave time in the new work schedule.

(Ord. No. 4499-93; Ord. No. 5159-98, § 1; Ord. No. 6504-08, § 1)

Sec. 2-120. - Reserved.

Editor's note—

Ord. No. 4995-97, § 2, adopted March 11, 1997, repealed § 2-120, which pertained to holiday or vacation leave not charged as sick leave. See the Code Comparative Table.

Sec. 2-121. - Use of paid medical leave.

(a)

The first eight (8) hours of the absence for each qualifying occurrence may be charged to the employee's paid personal leave or other paid leave accounts, except paid medical leave. If the employee has no such paid leave available, the first eight (8) hours of leave shall be unpaid.

(b)

Preventive medical and dental care. Up to sixteen (16) hours of paid medical leave may be used in a fiscal year for preventive medical and dental care which includes, but is not limited to, annual physical examinations, diagnostic testing and other medical and dental care to promote general health and wellness. Leave used for preventive medical and dental care may be charged directly to paid medical leave with no requirement that the employee first charge any portion of the leave to other balances.

(c)

A certificate from a medical care provider may be required to support an employee's claim for paid medical leave.

(Ord. No. 5159-98, § 1; Ord. No. 6715-10, § 1)

Editor's note—

Ord. No. 6715-10 shall be in effect on and after September 1, 2010.

Sec. 2-122. - Reserved.

Editor's note—

Ord. No. 5160, § 1, adopted June 23, 1998, repealed § 2-122, which pertained to false statement of sickness. See the Code Comparative Table.

Sec. 2-123. - Forfeiture of accumulated unused paid medical leave benefits upon termination of employment; exceptions.

(a)

Except as provided in subsection (b), upon termination from regular full-time service, all accumulated unused paid medical leave shall be forfeited and no cash payment shall be made therefor. Such termination shall mean voluntary or involuntary termination of employment.

(b)

Subject to section 31-35(e), the following employees may be credited with additional retirement credited service under the provisions of chapter 31 for accumulated unused paid medical leave:

(1)

Employees who retire under the provisions of chapter 31 if termination of service occurs at retirement;

(2)

Regular full-time employees who terminated from service prior to April 1, 2008 who were vested in the Newport News Employees' Retirement Fund; and

(3)

Regular full-time employees who terminated from service prior to April 1, 2008 who became vested when their accumulated unused paid medical leave was added as additional service.

(Ord. No. 4259-91; Ord. No. 4995-97, § 1; Ord. No. 5159-98, § 1; Ord. No. 6796-11, § 1)

Sec. 2-124. - City manager authorized to promulgate policies and procedures.

The city manager is authorized to promulgate polices and procedures governing the granting and administration of paid medical leave and the compensation of employees while on leave.

(Ord. No. 5159-98, § 1)

Secs. 2-125—2-132. - Reserved.