HomeMy WebLinkAboutD-2667-23 Paid Living Donor Leave SPONSOR(s): Councilors Finkam and
Hannon
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on March 14, 2023 at 11:25 a.m. No subsequent
revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise.
ORDINANCE NO. D-2667-23
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA,
ADDING SECTION 2-59 TO CHAPTER 2, ARTICLE 3, DIVISION II OF THE CARMEL CITY
CODE
Synopsis: Establishes Paid Living Donor Leave for eligible City of Carmel Employees.
WHEREAS, over 100,000 people in the United States are currently on the waiting list for a
lifesaving organ transplant; and
WHEREAS, increasing the number of living organ donors would reduce the waiting time for
people on the transplant waitlist and lower the risks associated with transplant surgery; and
WHEREAS, a significant impediment to becoming a living organ donor is the lost wages that a
donor suffers when they are unable to work during their recovery period; and
WHEREAS, many governmental entities and institutions, including the State of Indiana and the
Federal Government, provide organ donor leave to their employees who serve as living donors; and
WHEREAS, in order to support City of Carmel employees who choose to serve as a living
organ donor, there is hereby established City of Carmel Paid Living Donor Leave, which shall be
administered as set forth below.
NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel,
Indiana, as follows:
Section 1. The foregoing Recitals are fully incorporated herein by this reference.
Section 2. That Chapter 2, Article 3, Division II, Section 2-59 is hereby added to the Carmel City
Code and shall read as follows:
“Sect. 2-59. Paid Living Donor Leave
(a) Paid Living Donor Leave (PLDL) is provided to an eligible City employee who
serves as a living donor by making a liver or kidney donation for transplantation to
another individual.
(b) To be eligible for PLDL, a City employee must be continuously employed with
the City in a full time capacity for at least one (1) year prior to starting PLDL.
(c) An employee must request PLDL at least thirty (30) days prior to the start of the
leave when possible and provide written verification from a physician indicating that the
employee is serving as a living donor.
Ordinance D-2667-23
Page One of Three Pages
DocuSign Envelope ID: C969E23F-6BDB-488C-977A-D0702A704842
SPONSOR(s): Councilors Finkam and
Hannon
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on March 14, 2023 at 11:25 a.m. No subsequent
revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise.
(d) A living donor may receive up to six (6) calendar weeks of paid leave for a kidney or
liver donation, as determined by the attending physician.
(1) The PLDL will be paid at 100% of the employee’s base pay rate.
(2) Any PLDL not taken is not banked for later use or paid out to the employee.
(3) Benefits that the employee is enrolled in will continue while the employee is
on PLDL.
(4) The PLDL will end immediately if the employee no longer meets the criteria
for eligibility.
(e) The PLDL will run concurrently with FMLA. An employee who is granted PLDL
and meets the eligibility requirements of FMLA will be placed on FMLA at the start
of PLDL. If the employee meets FMLA eligibility during PLDL, they will be placed
on FMLA at that time.
(f) If the employee requires additional recovery time after the PLDL has ended, the
employee must request:
(1) FMLA by completing the appropriate FMLA forms, if the employee is
eligible for FMLA and has FMLA available, and
(2) The employee must utilize their PTO or sick leave bank time as specified in
those policies.
(g) Return to work
(1) The employee must furnish a signed medical release from the attending
physician prior to returning to work.
(2) After PLDL, the employee will return to the same position when the leave
began, or an equivalent job provided the employee can perform the essential
functions.
(3) A fitness for duty test may be required before the employee returns from
PLDL.”
Section 3. All prior ordinances or parts thereof inconsistent with any provision of this
Ordinance are hereby repealed, to the extent of such inconsistency only, as of the effective date of this
Ordinance, such repeal to have prospective effect only. However, the repeal or amendment by this
Ordinance of any other ordinance does not affect any rights or liabilities accrued, penalties incurred or
proceedings begun prior to the effective date of this Ordinance. Those rights, liabilities and proceedings
are continued and penalties shall be imposed and enforced under such repealed or amended ordinance as
if this Ordinance had not been adopted.
Section 4. If any portion of this Ordinance is for any reason declared to be invalid by a court
of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance so long as enforcement of same can be given the same effect.
Section 5. This Ordinance shall be in full force and effect from and after the date of its
passage and signing by the Mayor.
Ordinance D-2667-23
Page Two of Three Pages
DocuSign Envelope ID: C969E23F-6BDB-488C-977A-D0702A704842
SPONSOR(s): Councilors Finkam and
Hannon
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on March 14, 2023 at 11:25 a.m. No subsequent
revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise.
PASSED, by the Common Council of the City of Carmel, Indiana, this ____ day of ________,
2023, by a vote of _____ ayes and _____ nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
___________________________________
Jeff Worrell, President Laura Campbell, Vice-President
___________________________________ ____________________________________
Kevin Rider Sue Finkam
___________________________________ ____________________________________
Anthony Green Adam Aasen
___________________________________ ___________________________________
Tim Hannon Miles Nelson
___________________________________
Teresa Ayers
ATTEST:
__________________________________
Sue Wolfgang, Clerk
Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of
_________________________ 2023, at _______ __.M.
____________________________________
Sue Wolfgang, Clerk
Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of
________________________ 2023, at _______ __.M.
____________________________________
James Brainard, Mayor
ATTEST:
___________________________________
Sue Wolfgang, Clerk
Ordinance D-2667-23
Page Three of Three Pages
DocuSign Envelope ID: C969E23F-6BDB-488C-977A-D0702A704842
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