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status during his or her absence in order to determine his or her ability to return to work. If <br /> authorized by proper medical authority, the City shall have the right to call the employee to work <br /> to perform other light duties. Should it be determined by proper medical authority that the <br /> employee will not be able to return to normal duties,the City has the right to require that employee <br /> to apply for disability retirement. In the event of a difference of opinion as to the employee's <br /> mental or physical status between the employee's physician and the City's physician, the issue <br /> shall be submitted to a third party physician specializing in occupational medicine whose decision <br /> regarding the ability to perform his or her regular duties shall be final and binding on both parties. <br /> For purposes of this section, an injury is defined as a traumatic damage to the body, of external <br /> origin, unexpected and undesigned by the injured person. Claims denied by the Bureau of <br /> Workers' Compensation(BWC)shall not be eligible for coverage under this section. Any payment <br /> made prior to such determination by the BWC shall be deducted from the employee's accumulated <br /> sick time first. <br /> 18.09 When an employee retires, resigns or dies, either through service or disability, he, she or <br /> his or her estate shall be compensated in cash based upon the daily earning rate at the time of his <br /> or her retirement, resignation or death, for one-quarter(1/4) of his unused sick time. <br /> 18.10 Employees who have accumulated more than one hundred and twenty (120) days of sick <br /> time (960 hours) may convert on a three-to-one basis all days accumulated over one hundred and <br /> twenty (120) days into a lump sum cash payment at the end of each calendar year. Payment to be <br /> received as part of the employee's regular pay check during the month of January. <br /> 18.11 In the event an employee becomes or continues to be incapacitated from work by illness or <br /> injury, after exhaustion of his or her acquired sick time, the employee may apply for a Sick Time <br /> Donation as stated in the Personnel Policy and Procedure manual. <br /> 18.12 Any abuse or patterned use of sick time shall be just and sufficient cause for disciplinary <br /> action. <br /> ARTICLE 19 <br /> SICK LEAVE WITHOUT PAY <br /> 19.01 A full-time,hourly employee who has completed their probationary period may be granted <br /> a leave of absence without pay (except to the extent they may be entitled to sick pay) for a period <br /> not to exceed six(6)months because of personal illness or injury. The employee may, at his or her <br /> option, use any vacation pay prior to going on sick leave without pay. The City will abide by <br /> provisions in the Federal Family and Medical Leave Act. <br /> ARTICLE 20 <br /> PERSONAL LEAVE <br /> 20.01 A full-time employee who has completed their probationary period may be granted time <br /> off without pay for a period not to exceed thirty(30)calendar days in duration. Said personal leave <br /> shall be granted by the administration officer, provided concurrence and approval are obtained <br /> 14 <br />