09-22-25 - City Council Agenda - Laserfiche WebLink

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Page 25 E. Advance Notice for Use of Sick Leave/Earned Sick and Safe Time If the need for Sick Leave/ESST is foreseeable, the city requires seven days’ advance notice. However, if the need is unforeseeable, employees must provide notice of the need for Sick Leave/ESST as soon as possible. When an employee uses Sick Leave/ESST for more than three consecutive days, the city may require appropriate supporting documentation (such as medical documentation supporting medical leave, court records or related documentation to support safety leave). However, if the employee or employee's family member did not receive services from a health care professional, or if documentation cannot be obtained from a health care professional in a reasonable time or without added expense, then reasonable documentation may include a written statement from the employee indicating that the employee is using, or used, Sick Leave/ESST for a qualifying purpose. The city will not require an employee to disclose details related to domestic abuse, sexual assault, or stalking or the details of the employee’s or the employee’s family member’s medical condition. In accordance with state law, the city will not require an employee using ESST to find a replacement worker to cover the hours the employee will be absent. Sick Leave/ESST will normally not be approved after an employee gives notice that he or she will be terminating employment. Exceptions must be approved by the City Administrator. F. Retaliation prohibited The city shall not discharge, discipline, penalize, interfere with, or otherwise retaliate or discriminate against an employee for asserting ESST rights, requesting an ESST absence, or pursuing remedies. Further, use of ESST will not be factored into any attendance point system the city may use. Additionally, it is unlawful to report or threaten to report a person or a family member’s immigration status for exercising a right under Earned Sick and Safe Time. Any employee who makes a false claim for Sick Leave/ESST will be subject to discipline up to and including termination. G. Benefits and return to work protections During an employee’s use of Sick Leave/ESST, an employee will continue to receive the city’s employer insurance contribution as if they were working, and the employee will be responsible for any share of their insurance premiums. An employee returning from time off using accrued Sick Leave/ESST is entitled to return to their city employment at the same rate of pay received when their leave began, plus any automatic pay adjustments that may have occurred during the employee’s time off. Seniority during Sick Leave/ESST absences will continue to accrue as if the employee has been continually employed. The City has the right to obtain a second medical opinion to determine the validity of an employee’s workers’ compensation or Sick Leave/ESST claim, or to obtain information related to restrictions or an employee’s ability to work. The City will arrange and pay for an appropriate medical evaluation when it is required by the City. Page 156 of 228