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21. SICK LEAVE
21.01 - DEFINITIONS.
21.011 - AUTHORIZED SICK LEAVE includes, with the approval of the appointing authority, the absence from duty with pay of an employee because of his illness or non-service-connected injury, his appointments with doctors or other recognized practitioners in the treatment of such illness or injury to the extent of time required to complete such appointments, or his exposure to contagious disease.
21.0111 - Family Sick Leave for Employees in Classes Represented by District Council 47 and Non-Represented Employees in the Executive and Professional Category. Employees in classes represented by District Council 47 and Non-Represented employees in the Executive and Professional category shall be permitted to use up to five days of accrued sick leave each calendar year for the care of dependent relatives who live in the employee's home and who are sick or disabled.
21.02 - ELIGIBILITY FOR SICK LEAVE.
21.021 - FULL-TIME EMPLOYEES. Each full-time employee in the Civil Service shall be entitled to earn and accrue sick leave with pay. (Refer to Section 6.151)
21.022 - PART-TIME EMPLOYEES. Part-time employees who are regularly employed and whose normal work week averages or exceeds twenty (20) hours shall earn sick leave in proportion to their actual time worked, consistent with Section 21.03 of this Regulation. Part-time employees whose normal work week is less than twenty (20) hours shall not be entitled to earn sick leave. (Refer to Section 6.153)
21.023 - REQUISITE EMPLOYMENT PERIOD FOR SICK LEAVE. Sick leave shall be earned from the commencement of employment but may not be used or paid until an employee shall have completed three (3) months of continuous service.
21.03 - ALLOWANCE.
21.031 - WORK WEEK SCHEDULES.
21.0311 - Five-Day Work Week Employees. Sick leave shall be earned by each permanent full-time five-day week employee at the rate of one and two-thirds (1_2/3) working days for each calendar month of service, the total of which shall not exceed twenty (20) days in any twelve (12) months; provided, however, that employees hired or rehired on or after October 1, 1992 in classes represented by District Council 33 or District Council 47 or employees in non-represented classes shall earn sick leave at the rate of one and one-quarter (1_1/4) sick days for each calendar month of service, the total of which shall not exceed fifteen (15) days in any twelve (12) months. Provided further, that employees hired or rehired after March 30, 1993, in uniformed or investigatory classes in the Police Department or District Attorney's Office shall earn sick leave at the rate of one and one-quarter (1_1/4) sick days for each calendar month of service, the total of which shall not exceed fifteen (15) days in any twelve (12) months, and provided further, that employees in the Deputy Sheriff series hired after July 3, 1997 shall earn sick leave at the rate of one and one-quarter (1_1/4) days for each calendar month of service, the total of which shall not exceed fifteen (15) days in any twelve (12) months.
21.0312 - Five and One-Quarter Day Work Week Employees. Sick leave shall be earned by each permanent full-time five and one-quarter day week employee, at the rate of one and three-quarters (1_3/4) working days for each calendar month of service, the total of which shall not exceed twenty-one (21) days in any twelve (12) months; provided, however, that employees hired or rehired on or after November 21, 1993 shall earn sick leave at the rate of one and five-sixteenths (1_5/16) sick days or ten and one half hours (10_1/2) for each calendar month of service, the total of which shall not exceed sixteen (16) days or one hundred and twenty-six (126) hours in any twelve (12) months.
21.0313 - Five-day work week employees in classes of positions represented by District Council 47 and in non-represented classes in the Executive and Professional category, hired after June 30, 1986, shall earn sick leave at a rate of one and one-fourth (1_1/4) days per month during their first three (3) years of service. At the end of three years of service such employees shall earn sick leave in accordance with Regulation 21.0311.
21.0314 - Five and one quarter (5_1/4) day work week employees hired after December 31, 1986, shall earn sick leave at a rate of one and one-fourth (1_1/4) days per month during their first three (3) years of service. At the end of three years of service such employees shall earn sick leave in accordance with Regulation 21.0312.
21.032 - DUAL AND RELIEF CLASSIFICATIONS. An employee working in two or more classes of employment shall have time worked in the two or more classes combined for the purpose of computing credits for sick leave.
21.033 - SICK LEAVE EARNED DURING LEAVES WITH PAY. Sick leave shall continue to accrue during leaves of absence with pay and during the time an employee is on authorized sick and vacation leave.
21.0331 - Disability. Sick leave shall continue to accrue during any time lost from work as a result of a service-connected disability, except as otherwise provided by provisions of Regulation 32.
21.034 - TRANSFERS, PROMOTIONS AND DEMOTIONS. An employee who moves from one position to another in the City service, by transfer, promotion, or demotion, shall be credited in his new position with his unused sick leave accrued in his prior position.
21.036 - OVERTIME OR COMPENSATORY TIME. No credit for sick leave shall be granted for time worked by an employee in excess of his normal work week.
21.037 - LEAVE NOT EARNED BY EMPLOYEES IN NON-PAY STATUS. Sick leave shall not be earned by an employee during a leave of absence without pay, a suspension without pay, or when the employee is otherwise not in pay status, should such period without pay exceed the majority of days in a month or fifteen (15) consecutive calendar days. Consecutive, non-pay status days covering portions of two months, where the time lost in each month is less than fifteen (15) consecutive calendar days, shall be added together for purposes of this Section and where such total is fifteen (15) consecutive calendar days or more the total shall serve to bar the earning of sick leave in either of the two (2) months but not in both.
21.038 - SICK LEAVE EARNED BY REGULATION 32 EMPLOYEE DURING EMPLOYMENT IN SECONDARY POSITION. An employee entitled to Regulation 32 benefits shall earn and accumulate sick leave during employment in a secondary position on the same basis as he did in his uniformed or non-uniformed primary position(s) of employment prior to the date he was determined to be permanently disabled. (Refer to Section 21.031)
21.04 - ACCUMULATION. Employees with continuous service may accumulate unused sick leave up to a maximum of two hundred (200) working days, except for the following employees:
21.05 - ADVANCE CREDIT NOT PERMITTED. Sick leave shall not be allowed in advance of being earned. If an employee has insufficient sick leave credits to cover a period of absence, no allowance for sick leave shall be granted in advance or in anticipation of future sick leave credits. In such cases, payroll deduction for the time lost shall be made for the period during which absence occurred, provided however, that earned vacation leave may be used for this purpose if the employee so elects.
21.06 - PROCESSING SICK LEAVE REQUESTS. Requests for sick leave shall be made to the appropriate appointing authority or representative designated by him. The employee shall have the responsibility of notifying his department promptly of any illness or disability. Proof of illness or disability may be required at any time by the appointing authority or representative designated by him. Use of sick leave based on false claims of illness, injury or exposure to contagious disease or falsification of proof to justify such sick leave shall be cause for dismissal.
21.07 - AUTHORIZATION FOR SICK LEAVE. Sick leave is to be granted to an employee in accordance with this Regulation only when the appointing authority or his designated representative considers that the provisions of this Regulation have been complied with.
21.071 - APPEAL. An employee may appeal to the Personnel Director from the failure or refusal of the appointing authority or his designated representative to grant a request for sick leave on the grounds that such failure or refusal constituted an abuse of discretion or incorrect application of the provisions of this Regulation.
21.08 - CHARGES AGAINST SICK LEAVE ACCUMULATION. There shall be charged against accrued sick leave only time lost on those days for which an employee normally would have received pay and on which normally he would have been required to work for pay, provided however, that:
21.081 - EMPLOYEES IN CLASSES REPRESENTED BY DISTRICT COUNCIL 33 OR DISTRICT COUNCIL 47 OR IN UNIFORMED AND INVESTIGATORY CLASSES IN THE POLICE DEPARTMENT OR DISTRICT ATTORNEY'S OFFICE OR EMPLOYEES IN THE DEPUTY SHERIFF SERIES OF CLASSES. If during any twelve (12) month period, an employee in the District Council 33 bargaining unit, in the District Council 47 bargaining unit, or in a Non Represented Class, or in uniformed or investigatory classes in the Police Department or District Attorney's Office or an employee in the Deputy Sheriff series of classes is on the "Excessive Use of Sick Leave List", said employee shall for the next four (4) occasions of sick leave or twelve (12) months, whichever is shorter, not be paid for the first day of sick leave in each occasion.
21.082 - EMPLOYEES WITH JOB CLASSIFICATIONS NOT REPRESENTED BY DISTRICT COUNCIL 33 OR DISTRICT COUNCIL 47, OR NOT IN THE NON REPRESENTED CATEGORY OR NOT IN THE DEPUTY SHERIFF SERIES OF CLASSES. Employees who are not represented by District Council 33 or District Council 47 or who are not in Non Represented classes or who are not in the Deputy Sheriff series of classes, and who use two (2) hours or less of sick time in a half-day shall not have any charges made against their accrued sick leave providing that the appointing authority certifies that the absence from work is due to illness or disability. Employees in the aforementioned categories using more than two (2) hours of sick time shall be charged with sick leave to the nearest sixteenth of a day.
21.083 - SERVICE-CONNECTED INJURY OR DISABILITY. Time lost from work as a result of a service-connected disability shall not be charged to sick leave, except as otherwise provided by provisions of Regulation 32.
21.084 - ILLNESS OR INJURY DURING VACATION LEAVE. If an employee is ill or injured at a time when he is on approved vacation leave, the period of such illness or injury may, at the discretion of the appointing authority, be charged to the employee's accumulated sick leave.
21.085 - SICK LEAVE CONVERSION TO VACATION LEAVE. Each full-time non-uniformed employee, except a non-represented employee in the Executive and Professional category, and each full-time employee in a class in the Deputy Sheriff Pay Plan may convert two (2) accumulated sick days to (1) vacation day provided the employee maintains a balance of at least eighty (80) accumulated sick days. Such conversion shall be permitted up to a maximum of ten (10) vacation days each calendar year and must be converted as full vacation days. Employees shall inform the Departmental, Board or Commission Personnel Office or authorized representative, in writing, of the conversion of earned but unused sick days during the period of time from January 1 to March 31 of each year. Conversion of sick leave to vacation may only be accomplished during the above-stated period of time. The scheduling of such vacation days shall be in accordance with the provisions of Regulation 20 - Vacation Leave.
21.086 - SICK LEAVE CONVERSION TO VACATION LEAVE. Each full-time employee in a uniformed class in the Fire Department may convert accumulated sick leave to vacation leave provided the employee maintains a balance of at least six hundred and forty (640) hours of accumulated sick leave. Such conversion shall be permitted up to a maximum of forty-eight (48) vacation hours each calendar year and must be converted in accordance with the following schedule.
Employees shall inform the Departmental Personnel Office or authorized representative, in writing, of the conversion of earned but unused sick days during the period of time from December 15th to January 15th of each year. Conversion of sick leave to vacation may only be accomplished during the above-stated period of time. The scheduling of such vacation leave shall be in accordance with the provisions of Regulation 20 - Vacation Leave.
21.087 - SICK LEAVE CONVERSION TO VACATION LEAVE. Each full-time employee in a uniformed or investigatory class in the Police Department or District Attorney's Office may convert two (2) accumulated sick days to one (1) vacation day provided the employee maintains a balance of at least eighty (80) accumulated sick days. Such conversion shall be permitted up to a maximum of five (5) vacation days each calendar year and must be converted as full vacation days. Employees shall inform the Departmental Personnel Office or authorized representative, in writing, of the conversion of earned but unused sick days during the period of time from December 15th to January 15th of each fiscal year. Conversion of sick leave to vacation may only be accomplished during the above-stated period of time. The scheduling of such vacation days shall be in accordance with the provisions of Regulation 20 - Vacation Leave.
21.09 - EFFECT OF SEPARATIONS OF MORE THAN FIFTEEN (15) WORKING DAYS. If a person has been separated from City service for reasons other than layoff for more than fifteen (15) consecutive working days, he shall upon re-employment earn sick leave as a new employee under the provisions of Subsection 21.023 of this Regulation.
21.10 - CREDIT FOR UNUSED SICK LEAVE ON RE-EMPLOYMENT FOLLOWING LAYOFF. An employee who is re-employed from a layoff eligible list shall be credited on the date of re-employment with the earned but unused sick leave to his credit as of the date of his separation by layoff.
21.11 - REPORTS. Sick leave shall be certified by the appointing authority upon forms prescribed by the Personnel Director and Director of Finance. The appointing authority shall maintain complete and accurate leave records. Records of sick leave accumulated and taken shall be available to the employee or his representative.
21.13 - SICK LEAVE FOR SCHOOL CROSSING GUARDS. Sick leave shall be earned by each School Crossing Guard hired prior to October 1, 1992 at the rate of one (1) working day for each of the ten (10) months during which the schools are in operation to accrue up to a maximum of ten (10) days of sick leave per year. Sick leave shall be earned by each School Crossing Guard hired on or after October 1, 1992 at the rate of two-thirds (2/3) working day for each of the ten (10) months during which the schools are in operation to accrue up to a maximum of eight (8) days of sick leave per year. Compensation for such leave shall be on the basis of the regular daily rate of pay when taken. Further provisions regarding sick leave for School Crossing Guards are governed by related sections of Regulation 21.
21.14 - PAYMENT FOR UNUSED ACCUMULATED SICK LEAVE UPON RETIREMENT. An employee who terminates his/her employment to immediately become pensioned under one of the City's pension plans, shall, as of the date of termination, receive payment at his/her then current regular rate of pay for unused sick leave as follows:
21.141 - NON-UNIFORMED CLASSES. A non-uniformed employee who terminates his/her employment to immediately become pensioned under one of the City's pension plans, shall, as of the date of termination, receive payment at his/her then current regular rate of pay for thirty (30) percent of the number of days of accumulated sick leave. The maximum number of accumulated sick leave days is not to exceed two hundred (200) days.
In lieu of a cash payment at retirement, a non-uniformed employee may elect to use all or part of his or her accumulated sick leave to purchase an extension of the five (5) year period of retiree health coverage provided under Regulation 27.0117. For the purposes of purchasing such extended coverage, the employee may designate accumulated sick leave in 15 day blocks. Such time shall be converted to the cash amount and reserved to pay benefits at the end of the initial post retirement coverage at the monthly contribution rate in effect when such coverage commences.
21.142 - POLICE AND PROSECUTION DETECTIVE CLASSES OF THE POLICE DEPARTMENT AND THE DISTRICT ATTORNEY'S OFFICE. A uniformed or investigatory employee of the Police and Prosecution Detective classes of the Police Department and the District Attorney's Office at the time of retirement or if he/she dies while on active duty, his/her beneficiary(s) shall be paid for employees who retire:
In lieu of a cash payment at retirement, a uniformed or investigatory employee of the Police and Prosecution Detective classes of the Police Department and the District Attorney's Office may elect to use all or part of his or her accumulated sick leave to purchase an extension of the five (5) year period of retiree health coverage provided under Regulation 27.0117. For the purposes of purchasing such extended coverage, one hundred and twenty (120) hours of accumulated sick leave shall purchase six (6) months of extended coverage. All such purchases shall be made by exchange of blocks of one hundred and twenty (120) hours.
21.142-1 - Use of Accumulated Sick Leave to Purchase Additional Post-Retirement Health, Medical, Dental, Optical and Prescription Coverage for Uniformed or Investigatory Employee of the Police and Prosecution Detective Classes of the Police Department and the District Attorney's Office
If the retirement of a uniformed or investigatory employee of the Police and Prosecution Detective classes of the Police Department and the District Attorney's Office occurs on or after July 1, 2004, the hours of sick leave required to purchase six (6) months of additional health, medical, dental, optical and prescription coverage shall be determined by applying the cash payment formula as provided in Appendix D of the 1990 Act 111 Interest Arbitration Award, according to the following schedule:
All such purchases must be in full blocks of the amount required to purchase six (6) months of extended coverage. Hours of compensable sick leave not exchanged for extended health care coverage, shall be compensated at the employee's rate of pay at the time of separation.
21.143 - FIRE CLASSES. A uniformed employee of the Fire Department shall at the time of retirement receive payment for accumulated sick leave according to the following schedule:
These payments shall be made within thirty (30) days of retirement. Should an employee die while on active duty the beneficiary(s) shall receive such payment.
21.144 - SCHOOL CROSSING GUARDS. A School Crossing guard who terminates her employment to immediately become pensioned under one of the City's pension plans, shall, as of the date of termination, receive payment at her then current regular rate of pay for thirty (30) percent of the number of days of accumulated sick leave, provided however, that in the event of the death of the employee prior to separation or retirement from the City service, such payment shall be paid to the designated beneficiary. The maximum number of accumulated sick leave days is not to exceed two hundred (200) days.
21.145 - REGULATION 32 EMPLOYEES. Regulation 32 employees who were employed in secondary positions shall receive payment for their accrued balance of unused sick leave at the time of retirement from both their uniformed or non-uniformed primary position(s) of employment prior to permanent disability and secondary Regulation 32 employment(s) in accordance with the provisions for sick leave payment for their primary employment.
21.146 - DEPUTY SHERIFF CLASSES. An employee in a class in the Deputy Sheriff Pay Plan who terminates employment to immediately become pensioned under one of the City's pension plans shall as of the date of termination receive payment at the employee's current rate of pay for fifty (50) percent of the number of days of accumulated sick days to a maximum of sixty-two and one-half (62_1/2) days. Effective July 1, 2005, in addition to the current payout at retirement, employees in a class in the Deputy Sheriff Pay Plan who have accrued more than 125 days of earned but unused sick leave will be paid for 30% of earned but unused sick leave for those accumulated days above 125 days to the 225 day maximum accumulation. The beneficiary(ies) of an employee in the Deputy Sheriff Pay Plan who dies while an active employee shall receive pay at the current rate of pay for twenty-five percent (25%) of the number of days accumulated sick leave to a maximum of fifty-six and one quarter (56_1/4) days. The maximum number of days which may be accumulated is not to exceed two hundred twenty-five (225) days.
21.15 - UTILIZATION OF SICK LEAVE FOR MATERNITY-RELATED ABSENCES. An employee who is incapacitated as a result of pregnancy will be permitted to use sick leave as indicated below.
Use of sick leave shall be limited to that accrued in accordance with Civil Service Regulation 21.
The provisions of this Regulation shall be retroactive to March 19, 1975.
21.16 - SICK LEAVE EARNED DURING LEAVE OF ABSENCE IN EXEMPT POSITIONS. Employees appointed to exempt positions while on leave of absence from a Civil Service position shall, upon reinstatement to Civil Service, be credited with all accumulated sick leave which has been earned but unused up to the maximum allowed in these Regulations.
21.17 - COMPENSATION FOR SICK LEAVE. Except as otherwise provided in these Regulations, employees hired after June 30, 1986, into a class of positions represented by District Council 47 or a non-represented class in the Executive and Professional category shall receive compensation for approved accumulated sick leave used at the rate of 75% of their current pay rate for all uncertified sick days used during a calendar year after having received notice that five uncertified days have been used in that year. Such 75% compensation for uncertified days shall cease when an employee is placed on the excessive use of sick leave list.
21.18 - SICK LEAVE REDUCTION INCENTIVE PROGRAM
21.181 - Each full-time permanent employee enrolled in the City's Flexible Benefits Plan (see Section 27.013) shall be eligible each plan year to earn additional Flexible Benefits credits based on sick leave usage during the calendar year prior to the Flexible Benefits enrollment period, provided that the employee's accumulated sick leave balance at the end of that calendar year was at least twenty (20) days. Such credits shall be granted for each pay period in the calendar year following the Flexible Benefits enrollment period that the employee is in active payroll status, according to the following schedule:
21.182 - Each full-time permanent employee enrolled in the City's Flexible Benefits Plan (see Section 27.013) who had at least five years of full-time City service on the last day of the calendar year prior to the Flexible Benefits enrollment period, and who used no more than forty-eight (48) hours of sick leave during that calendar year shall have the option of either earning an additional two hundred sixty (260) Flexible Benefits credits, or converting up to ten (10) days of sick leave to Annual Administrative Leave on a two-for-one basis, with such leave to be used during the first six (6) months of the calendar year following the Flexible Benefits enrollment period. Eligible employees shall make such election during the Flexible Benefits enrollment period following the end of the calendar year.
END OF REGULATION 21.Philadelphia Civil Service Regulations |