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misconduct; or, sickness or disability sustained while engaged in employment other <br />than employment by the City, for monetary gain or other compensation, or by reason <br />of engaging in business or activity for monetary gain or other compensation. <br /> <br />Excess Usage. If sick leave is used in excess of that due and available an <br />employee, such excess sick leave will, first, be deducted from any available <br />compensatory time off benefit; second, from any available vacation leave benefit; <br />finally, deducted from the next scheduled salary payment. <br /> <br />Necessity Leave. Each employee shall be afforded the opportunity to use up to 48 <br />hours of sick leave per calendar year, on a non-cumulative basis, as personal <br />necessity leave. All of this personal necessity leave may be used to attend to an <br />illness of a child, parent, or spouse of the employee. As used in this section, "child" <br />means a biological, foster, or adopted child, a stepchild, a legal ward, or a child of <br />a person standing in loco parentis; "parent" means a biological, foster, adoptive <br />parent, a stepparent, or a legal guardian; and "immediate family" means any member <br />of the employee's household related by blood or marriage; a parent, parent-in-law, <br />spouse, child, brother, sister, grandparent, or grandchild of the employee, regardless <br />of residence; any other relative of the employee by blood or marriage, where it can <br />be established by the employee that the employee's presence is required to handle <br />emergency arrangements and/or other matters. <br /> <br />Up to three (3) days of this personal necessity leave may be used: a) to attend to a <br />serious accident to members of the employee's immediate family; b) childbirth; c) <br />to cope with imminent danger to the employee's family, home, or other valuable <br />property; or d) when the existence of external circumstances beyond the employee's <br />control make it impossible for him or her to report for duty. For the purposes of this <br />section only, a "day" shall be defined as the number of hours of work that an <br />employee is required to work according to his or her specific workday schedule. <br /> <br />Payment for Unused Sick Leave. <br /> <br />Except in cases of disability retirement, upon nondisciplinary termination of <br />employment after ten (10) years of cumulative full-time service with the City, <br />each qualified employee shall be entitled to payment for one-third (1/3) of the <br />total sick leave benefit credited to his or her account upon the effective date <br />of such termination, not to exceed a maximum limit of fifty-three and one- <br />third (53.33) eight (8) hour working days, at the rate of pay effective on the <br />date of such termination. <br /> <br />Maximum sick leave cashout after ten (10) years of service shall be equal to <br />427 hours (53.33 x 8). <br /> <br />41 <br /> <br /> <br />