Sec. 252-303. - Sick leave.
(a) Any active member of the Indianapolis fire department hired on or before December 31, 1984, or after January 1, 1993, or any member who is hired between these two (2) dates and who makes an election pursuant to section 252-303(d) who is unable to perform the member's duties of employment by reason of sickness, accident or injury is entitled to not less than ninety (90) calendar days' sick leave with full pay in a calendar year, or for the period of such incapacity, should said period be less than ninety (90) days. In the case of an officer incurring a sickness, accident or injury in the direct line of duty, the chief, with the approval of the merit board, may, upon written application of the officer, extend paid sick leave. Before any extension may be rendered, a medical doctor or psychologist retained by the department must certify the member unfit for active duty. If the member is unable to return to work, he or she shall apply for a disability pension pursuant to state law. The merit board shall establish guidelines, policies and procedures for the administration of paid sick leave and extensions thereof.
(b) Any active member of the department hired between December 31, 1984, and January 1, 1993, and who does not make an election to opt out pursuant to section 252-303(d), shall receive sick leave as follows:
(1) On-duty injury. Any such member who is unable to perform the member's duties of employment by reason of sickness, accident or injury incurred in the direct line of duty as certified by a medical doctor or psychologist retained by the department shall be entitled to such leave with full pay for the period of such incapacity; however such sick leave period shall not exceed ninety (90) calendar days in a calendar year. The chief, with the approval of the merit board, may, upon written application of the officer, extend paid sick leave. Before any extension may be rendered, a medical doctor or psychologist retained by the department must certify the member unfit for active duty. If the member is unable to return to work, he or she shall apply for a disability pension pursuant to state law. The merit board shall establish guidelines, policies and procedures for the administration of paid sick leave and extensions thereof.
(2) Non-duty injury.
a. Definitions.
1. "Sick leave" means time off granted a firefighter whose illness, accident, injury or disability prevents him or her from performing duties directed by the department. Sick leave is intended to provide relief from loss of pay in cases of absence from work due to established incapacity to perform assigned duties, as defined and directed by the department, but is not to be regarded as an optional leave right.
2. "Reasonable evidence" means a certificate from a medical doctor licensed to practice medicine or a licensed psychologist and retained by the department that the subject firefighter is incapable of performing assigned duties as defined and directed by the department. Before granting or continuing sick leave with pay, the department may require evidence that the member is actually sick or disabled.
b. Accrual.
1. Upon commencement of employment, firefighters shall have a bank of ninety-six (96) hours of sick leave for nonduty illnesses, accidents or injuries. Upon completion of one (1) year of employment, firefighters shall accrue sick leave at the rate of eight (8) hours per month, ninety-six (96) hours per year.
2. Those firefighters who are starting to work on or before the fifteenth day of the month shall have their account credited with a full month's accrual of sick time on the first day of the month following the month in which they were hired.
3. Those firefighters who are starting to work on or after the sixteenth day of the month shall have their account credited with a full month's accrual of sick time on the first day of the second month after they were hired.
4. Sick leave time will only accrue if a firefighter works or is paid for more than one-half (½) the month; no firefighter shall continue to accrue sick leave or other fringe benefits while receiving pension disability payments.
c. Separation from employment. Accrued sick leave will not be paid upon termination, except as follows: Upon separation from employment by reason of death, or retirement under circumstances such that the firefighter would be eligible for retirement benefits under state law, or in the event of a layoff, if such layoff was anticipated to last longer than six (6) months, a firefighter will be entitled to compensation or accrued accumulated sick leave at one-half (½) the firefighter's regular daily rate of compensation.
d. Carryover. Accrued sick leave may be carried over from year to year.
(c) Compliance with departmental policy. All use of sick leave due to sickness, accidents and injuries must comply with departmental rules, regulations, orders and standard operating procedures.
(1) Unearned leave. Sick leave cannot be used prior to accrual and cannot be earned while on any leave without pay status.
(2) Justification. The burden of proof rests with the firefighter to demonstrate to the department that sick leave is justifiable. The department may require a medical certificate or other evidence of illness as requested. Sick leave is only to be used for personal illness or injury.
(3) Sick leave abuse. In the case of sick leave abuse, the department may designate such leave as vacation leave, leave without pay, or as grounds for disciplinary actions, including dismissal.
(4) Charging sick leave. Sick leave may only be taken in eight-hour increments; provided, that those firefighters who work on a twenty-four-hour on/forty-eight-hour off shift may only take sick leave in twenty-four-hour increments.
(5) Accrual of other paid leave. Vacation days shall accrue to firefighters while on paid sick leave.
(Code 1975, § 23-73; G.O. 81, 2003, § 1; G.O. 104, 2009, § 1; G.O. 33, 2021, § 1)
