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Ordinance No. 7,308950511 -1 ORDINANCE N0. 7308 • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN AMENDING THE CITY OF BAYTOWN PERSONNEL RULES TO PROVIDE FOR THE USE OF SICK LEAVE TO CARE FOR A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That Chapter 8, "Absence ", Section 3, "Sick Leave," subsections "' i , " "" j , "" "" k "" and "" 1 , "" of the City of Baytown Personnel Rules are hereby amended to read as follows: CHAPTER 8 Section 3. Sick Leave i. Department Directors, after ascertaining the exact circumstances, have the discretion to allow a regular employee up to three (3) days of sick leave per calendar year in the event of an illness within the employee's immediate family or household. j. The City Manager, upon request by the employee and recommendation of the Department Director, may allow the employee to utilize up to one -half of their accrued sick leave to be absent from his workplace to provide care during the "serious health condition" (as defined under the FMLA Policy) of an immediate family member. "Immediate family" for the purposes of this policy is defined as: the employee's parents, spouse, children, brothers, sisters, mother -in -law, father --in -law, grandparents and grandchildren. The following criteria must be met in order to qualify for this type leave: • all other leaves such as vacation, holiday and compensatory time have been or are projected to be exhausted; • all combined leave approved under this policy shall not exceed 12 weeks, for 24 hour shift employees, five 24 hour shifts equals 2 weeks under this policy; • authorization through Human Resources for verification of time available; • complete the "Certification of Physician or Practioner" form; • all other requirements under the Family Medical • Leave Policy apply. 950511 -1a The employee's request, initiated with the Department • Director, shall include sufficient information from the attending physician regarding the illness, anticipated outcome and estimated time frame. This medical information should be submitted directly to the Department Director and will be treated as confidential and shared only with individuals with a need to know for the purposes of employment decisions. k. Regular part -time and temporary employees shall not accrue sick leave. 1. Civil Service employees shall accumulate sick leave and receive pay for unused sick leave upon termination as outlined in Chapter 143 of the Local Government Code and required by state law. Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3: If any provisions, section, exception, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end all provisions of this ordinance are declared to be severable. Section 4: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 11th day of May, 1995. �. & C. PETE C. ALFARO, Mayor ATTEST: / A4?-cf EILFEN P. HALL, City Clerk • 2 • APPROVED AS TO FORM: ACIO RAMIREZ, SRO, Attorney legall council /may /5- 11- 95amdPERSONNELmanual is 950511 -1b