22-72 Amend 149.11 (c) - sick leave

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ORDINANCE NO. 22-72 BY: Messrs. Wendling, Brockman, Graber, Kelley, Magnotto, McBride, Usher AN EMERGENCY ORDINANCE to amend existing Section 149.11(c) relating to sick leave. WHEREAS, This ordinance constitutes an emergency measure providing for the immediate preservation of the public health, safety and welfare and for the usual daily operation of a municipal department; now, therefore, BE IT O~DAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That existing Section 149.11(c) of the Codified Ordinances of the City of Lakewood, now reading as follows: Section 149.11 (c) No employee shall be entitled to sick: leave unless he shall prove to the satisfaction of the Com~nissioner of the Division of Health, upon physical examination, that he is ill or injured to an extent incapacit- ating him from work, prior to taking sick leave. be and the same is hereby amended to read as follows: Section 149.11 (c) The Mayor and division heads are hereby empowered to take such steps as may be reasonably necessary to prevent improper taking of sick leave. Such steps may include but are not limited to: (1) Requiring from the employee his affidavit that the absence was or is necessary for reasons of health; (2) Requiring that the employee furnish a certificate from a qualified physician stating that working will be or would have been definitely injurious to the employee's health, or that it was or is physically impossible for the employee to perform the duties of his job; and (3) Requiring that the employee, at reasonable intervals, submit to examination by the Co~m~issioner of Health, or by a physician designated by him. In the event that an employee is determined to have taken sick leave without due cause, such leave shall be cancelled forthwith and the employee ordered to return to work. In addition to any other penalty permitted by law for improper taking of sick leave, an employee may be deprived of wages for the period of his improper absence ~r compelled to repay any wages he may have received therefor, and may be penalized by forfeiture of any part or all of his acquired sick leave. From any disciplinary action which may be taken hereunder the employee shall have the same rights to appeal or to obtain review that pertain in event of disciplinary lay off or discharge. Sick leave acquired but not taken shall not be regarded as compensable in money." Section 2. That this ordinance is hereby declared to be an emergency measure for the reasons stated in the preamble hereof and provided it receives the affirmative vote of two-thirds of all members elected to CoUncil, it shall take effect and be in force immediately upon i~ado~tiona.~nd approva~ by Re Mayor. Mayor