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HomeMy WebLinkAboutD-635 Catastrophic Medical OrdORDINANCE NO. b - ~ 5 THE CATASTROPHIC MEDICAL LEAVE BANK ORDINANCE APR 2 5 WHEREAS, the Common Council of the City of Carmel, Indiana, recognizes that individuals in the employ of the City may experience a catastrophic medical illness; and WHEREAS, a need exists to relieve the employees from undue financial burdens as a result of absence from work due to catastrophic illness, injury, or incapacitation; NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, that a catastrophic medical leave bank is established pursuant to the following terms: I. Definitions. A. Administrator. The Administrator is that person appointed by the Mayor who supervises the operation of the Catastrophic Medical Leave Bank. B. City of Carmel. The City of Carmel shall be the City of Carmel, Indiana. C. Catastrophic Illness. Catastrophic illness shall mean an illness, injury, or incapacitation suffered by a full- time City Employee, of such magnitude that that employee's availability to continue his or her regularly assigned duties for the City is impaired. A presumption exists that any qualified application for relief under this Ordinance, wherein the employee has been without pay five (5) or more working days, should be entitled to favorable consideration. D. EmDloVee. Employee shall mean a full-time employee of the City of Carmel, Indiana. E. Board of Public Works. The Board of Public Works and Safety of the City of Carmel, Indiana. F. Clerk-Treasurer. The Clerk-Treasurer of the City of Carmel, Indiana, or her designated deputy. II. Organization of the Leave Bank. A. ADDointment of Administrator. The Mayor shall appoint an administrator who shall administer or otherwise take care of the day-to-day activity regarding the Castastrophic Medical Leave Bank. B. Duties of the Clerk-Treasurer. (1) The Clerk-Treasurer shall keep an accurate, up to date list of each employee's accumulated sick leave including: a. Document those sick days available to each employee which are provided by the City of Camel as part of their employment; b. Document when any member of the Catastrophic Medical Leave Bank may withdraw sick days from the Bank; c. Document when the Bank falls below thirty-five (35) total days; in which case the Clerk-Treasurer shall: i. Assess the members of the sick leave bank those days necessary to bring the Bank's total above thirty-five ( 35 ) days; ii. Notify the Board of Public Works and Safety of the assessment, in writing, at its next regularly scheduled meeting. C. Administrator's Duties. In addition to those duties necessary to the efficient and effective administration of this Ordinance, the Administrator shall perform the following: Prepare and provide all necessary forms for the City employees to enroll, withdraw days, leave the plan, and such other forms and documents as may be necessary for the efficient administration of the Bank; Keep an accurate, up-to-date record of all members in the Bank; Inform each new employee of their opportunity to join the Catastrophic Sick Leave Bank at the time of their employment. III. Enrollment. A. The following procedure shall be used by the Administrator in determining whether or not any employee may join the Catastrophic Medical Leave Bank: 1. New employees shall be entitled to join by giving written application to the Administrator within the first thirty (30) days of their full-time employment with the City; 2. During the year 1990, any full-time employee of the City of Carmel may join the Bankby giving written application to the Administrator during a period of sixty (60) days after the establishment of the Bank by the Common Council. After that date, employees may only join in January of each succeeding year. 3. Upon enrollment with the Bank, each new employee shall be assessed a minimum of one (1) day from his sick leave time as his contribution to the Bank. Any future assessments which the Administrator determines are required, shall be in increments of one ass n e from their available sick leave as is required by the A~inistrator. All ~a~lu~e~ ~h, ll ..... · ~ u~sessm~nt~ ~],~11 no~ L,~lud~ 5. The employees who fail to join after the open enrollment period, that being the initial sixty-day period after passage of the Ordinance, or the first thirty days of their full-time employment with the City, may become members, by giving written application to the Administrator, during the month of January, and each year after the establishment of the plan, by first paying all back assessment that would have been paid had the employee joined the Bank when that employee first had the opportunity to join. 6. All enrollments, withdrawals, applications for withdrawal and any other business involving the Bank shall be processed through the Administrator. IV. Withdrawal of Days From the Bank. Any member of the Catastrophic Medical Leave Bank may withdraw days from the Bank using the following procedure: A. A written application by the member, or the member's representative, on a form provided by the Administrator, may be filed with the Administrator, requesting assistance, stating the nature of the illness or affliction, anticipated length of disability, the name of the treating physician. B. The Administrator shall review the application and consult with the Clerk-Treasurer to determine eligiblity of the applicant for withdrawal from the Sick Leave Bank. C. The member must use all available sick leave and vacation time before an application for withdrawal of days from the Catastrophic Medical Leave Bank will be approved by the Administrator. D. The member must have been absent from work a minimum of five (5) working days without pay, in order to be eligible for withdrawal of days from the Bank. In the event that the member' s application is approved, compensation will be retroactive to the first of the five (5) non-paid days. E. In no event may any employee withdraw more than sixty-five (65) days at any one time from the Bank, in any contiguous twelve (12) month period. F. The Administrator shall approve or deny the member' s application within five ( 5 ) working days after submission of the member's request. Failure of the Administrator to approve or deny the application within the five (5) day period will result in it automatically being approved. G. Proof of Continuing Need. The Administrator may require an employee who is withdrawing days from the bank to verify his or her continuing need from a physician, in writing. The Administrator may establish the frequency at which the verification needs to be submitted. Absent satisfactory proof of a continuing need, the Administrator may, at his/her discretion, terminate further withdrawal of sick leave days from the Bank by any employee. V. EmDlovee's Termination of MembershiD. A. Any employee who is a member of the Catastrophic Medical Leave Bank may give written notice to the Administrator of his or her desire to terminate his membership in the Bank. Any days assessed or otherwise contributed to the Bank shall not be refunded to the employee when they withdraw, but those days assessed or contributed shall remain the property of the Bank. B. If the withdrawing employee owes either an assessment to the Bank or repayment of sick days, and they are not terminating their employment with the City of Carmel, then, in that event, the Administrator shall assess the days owed at a rate of three (3) days per year until the full repayment of used days is made by the employee, or that employee terminates his employment with the City or is terminated by the City. C. In the event an employee terminates his employment with the City, or is terminated by the City, then his membership in the Catastrophic Medical Leave Bank shall terminate. VI. ADDeal from an Adverse Decision. Any member, or his or her representative, may appeal the Administrator's decision by the following procedure: 1. A written statement of appeal must be sent to the Carmel Board of Public Works and Safety, through the office of the Clerk-Treasurer, and a copy to the Administrator; 2. Upon receipt of the appeal request from the employee, or his or her representative, by the Clerk-Treasurer, the Clerk- Treasurer shall schedule the appeal for the next regularly scheduled meeting of the Board of Public Works and notify the employee or his representative of the date and .time of the appeal, in writing. 3. At the appeal hearing before the Board of Public Works and Safety, the employee or his representative may appear and present any evidence which he or she feels is relevant to the appeal and which refutes the decision of the Administrator. Any professional assistance which the employee deems necessary shall be obtained at the employee's expense and shall not be borne by the City. The Board of Public Works shall render its decision prior to the adjournment of the meeting, however, it may recess into Executive Session to discuss the merits of the appeal. Passed by th~;~ Common Council for the City of Camel, Indiana, this 7 day of ~-' , 1990. COMMON COUNCIL FOR THE CITY OF CARMEL, INDIANA BY = /Cle~rk-TreNasurer APPROVED: DOROTHY , COCK Mayor, City of Carmel ATTEST ON USAN JONES rk-Treasurer