§ 14-83. Medical leave.

(a)

Accrual rate.

(1)

Regular full-time and probationary employees on active pay status accrue eight (8) hours of medical leave each month.

(2)

Fifty-six (56) hour fire employees on active pay status accrue eleven and two tenths (11.2) hours of medical leave each month.

(3)

Part-time, temporary, or job share employees accrual rates will be stated in the city's administrative regulations.

(4)

Medical leave may be taken only after accrued.

(b)

Accrual unlimited. An employee may accrue an unlimited number of medical leave hours.

(c)

Employee illness/physical incapacity while on vacation . If an employee becomes ill or physically incapacitated while on vacation, the time the employee is ill or physically incapacitated may be charged to medical leave.

(d)

Reasons for medical leave. Paid medical leave is granted to eligible employees for:

(1)

Medical, mental or physical illness, injury, health condition, or need for medical care of the employee or the employee's family member, which can include time necessary as a result of a public health emergency or abuse or stalking and as more fully provided by law and city policy, including the city's administrative regulations.

(e)

Reasonable documentation . A supervisor may require reasonable documentation only if the employee is on medical leave for three or more consecutive workdays. Reasonable documentation is documentation signed by a healthcare professional indicating that the medical leave is necessary. In cases of abuse or stalking, reasonable documentation is that which is more fully set forth by law and the city policy, including the city's administrative regulations.

(f)

Written release . The city may require a written release to return to work from the employee's healthcare professional, or a physician retained by the city, as applicable, before an employee may return to work.

(g)

Serious health conditions . The city shall comply with the Family and Medical Leave Act regarding leave for serious health conditions. In general, a serious health condition is an illness, injury, impairment, or physical or mental condition that involves:

(1)

Any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility; or

(2)

A period of incapacity requiring absence of more than three calendar days from work that also involves continuing treatment by a health care provider; or

(3)

Any period of incapacity due to pregnancy, or for prenatal care; or

(4)

Any period of incapacity (or treatment therefore) due to a chronic serious health condition; or

(5)

A period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective; or,

(6)

Any absences to receive multiple treatments (including any period of recovery therefrom) by, or on referral by, a health care provider for a condition that likely would result in incapacity of more than three consecutive days if left untreated.

(h)

Medical leave at retirement.

(1)

"Retirement," as used in this section, means the time an employee draws monthly retirement benefits from the Arizona State Retirement System (ASRS) or Public Safety Personnel Retirement System (PSPRS), if that time begins within sixty (60) days after the employee leaves the city. If an employee does not draw monthly retirement benefits from ASRS or PSPRS within sixty (60) days after the employee leaves the city, the employee forfeits the employee's medical leave benefits in this section with the exception of employees defined as Tier 3 by PSPRS (hired on or after July 1, 2017), who elected not to participate in the PSPRS defined benefit or hybrid plan when newly hired. For the Tier 3 employees who were offered the PSPRS defined benefit or hybrid plan, but opted for the PSPRS defined contribution plan, retirement means when retirement is elected by the employee provided the employee is also age 55 or older and has at least 15 years of credited service.

(2)

Eligibility for the medical leave benefits in this section depends on an employee retiring as defined in (h)(1) above.

(3)

An employee who accrues medical leave before September 6, 1976 will receive the value of that accrued unused medical leave at one hundred (100) percent of the employee's hourly base rate at the time of retirement. Hours of unused medical leave accrued before September 6, 1976 are included in the first five hundred twenty (520) hours of unused medical leave set forth in (h)(4) below.

(4)

An employee hired before July 1, 1982 receives the value of unused medical leave as follows: The value is based on the employee's average hourly base rate for the five (5) years immediately preceding retirement. The amount is equal to fifty (50) percent of the first five hundred twenty (520) hours of unused medical leave plus twenty-five (25) percent of unused medical leave in excess of five hundred twenty (520) hours.

(5)

An employee hired before July 1, 1982, who retires with three hundred (300) or more hours of unused medical leave, the city will calculate the value of the employee's medical leave balance and the taxable portion with appropriate taxes deducted will be paid in the employee's final paycheck, and the non-taxable portion will be deposited into the employee's Retirement Health Savings (RHS) account, which can be used to pay for medical insurance premiums after retirement and other allowed medical expenses.

(6)

An employee hired on or after July 1, 1982 will not be paid cash for unused medical leave. An employee who retires with three hundred (300) or more hours of unused medical leave receives the value of the unused medical leave as follows: The value is based on the employee's hourly base rate at the time of retirement. The amount is equal to one hundred (100) percent of the unused medical leave.

(7)

As of July 1, 2011, an employee, except a fifty-six (56) hour fire employee, who retires with three hundred (300) or more hours of unused medical leave receives the value of unused medical leave as follows:

a.

The employee will receive the value of all unused medical leave accrued before July 1, 2011 at one hundred (100) percent of employee's hourly base rate at the time of retirement, and

b.

If an employee has not accrued twelve hundred (1,200) hours of medical leave before July 1, 2011, the employee will receive the value of unused medical leave accrued after July 1, 2011 at fifty (50) percent of employee's hourly base rate at the time of retirement, up to and including twelve hundred (1,200) hours accrued both before and after July 1, 2011.

(8)

As of July 1, 2011, a fifty-six (56) hour fire employee, who retires with four hundred twenty (420) or more hours of unused medical leave receives the value of unused medical leave as follows:

a.

The employee will receive the value of all unused medical leave accrued before July 1, 2011 at one hundred (100) percent of employee's hourly base rate at the time of retirement, and

b.

If an employee has not accrued sixteen hundred eighty (1,680) hours of medical leave before July 1, 2011, the employee will receive the value of unused medical leave accrued after July 1, 2011 at fifty (50) percent of employee's hourly base rate at the time of retirement, up to and including sixteen hundred eighty (1,680) hours accrued both before and after July 1, 2011.

(9)

For employees affected by (h)(7) and (h)(8) above, the city will place unused medical leave accrued before July 1, 2011 into a grandfathered account, and medical leave accrued on and after July 1, 2011, into a new account. When medical leave is used, the city will deduct hours from the new account first.

(10)

For eligible employees, the city will deposit the non-taxable portion of the value into a retirement health savings account (RHSA). RHSAs may be used for medical insurance premiums or any "qualified medical expense," as that term is defined by the Internal Revenue Service.

(11)

On and after July 1, 2011, an employee, except a fifty-six (56) hour fire employee, who retires as defined in (h) (1) above, and retires with less than three hundred (300) hours of unused medical leave forfeits the employee's medical leave benefits in this section. On and after July 1, 2011, a fifty-six (56) hour fire employee who retires as defined in (h)(1) above, and retires with less than four hundred twenty (420) hours of unused medical leave forfeits the employee's medical leave benefits in this section.

(12)

Medical leave benefits at retirement for part-time employees are as set forth in applicable administrative regulations.

(i)

Medical leave benefit from death arising out of and in the course of employment. If an employee who is eligible to retire as defined in (h)(1) above and dies as a result of an "accident arising out of and in the course of employment," as that phrase is explained in Arizona Revised Statute 23-1021, the city will pay the employee's designated beneficiaries the employee's accrued medical leave balance at the time of death.

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(j)

Example before July 1, 2011. Examples of cash payments for accrued medical leave for regular full-time employees:

(1)

Employee hired after September 7, 1976, with one thousand (1,000) hours:

Hours	Cash Allowance	Salary at Retirement	Average 5-Year Salary	Medical Leave Value Amount
520	50%	N/A	$15.00/hour	$3,900.00
480	25%	N/A	$15.00/hour	1,800.00
				$5,700.00

 

(k)

Examples after July 1, 2011. Examples of value of accrued medical leave for regular full-time employees:

(1)

Employee hired on or after July 1, 1982, with twelve hundred (1,200) hours accrued before July 1, 2011, and two hundred (200) hours accrued after:

Hours	Value	Salary at Retirement	Medical Leave Value for RHSA
1,200	100%	$17.00/hour	$20,400.00
200	0	$17.00/hour	0
			$20,400.00

 

(2)

Employee hired on or after July 1, 1982, with three hundred (300) hours accrued before July 1, 2011, and twelve hundred (1,200) hours accrued after:

Hours	Value	Salary at Retirement	Medical Leave Value for RHSA
300	100%	$17.00/hour	$5,100.00
1,200 (reduced to 900 because of 1,200 hour cap)	50%	$17.00/hour	7,650.00
			$12,750.00

 

(Ord. No. 1837, § 1(Art. 5, § 503), 6-15-87; Ord. No. 2284, 6-4-90; Ord. No. 2868, § 24, 3-4-96; Ord. No. 3617, § 6, 5-17-05; Ord. No. 3846, § 1, 5-19-09; Ord. No. 3940, § 1(Res. 8649, Exh. A, § 4), 5-3-11; Ord. No. 4022, § 1, 5-15-12; Ord. No. 4205, § 1(Res. No. 10128, § 1), 6-2-15; Ord. No. 4313, § 1(Exh. A), 6-13-17; Ord. No. 4352, § 1, 8-28-18)

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