CNA MOU Section 22: Sick Leave

22.1     Accrual

All nurses, except extra help, shall accrue sick leave at the rate of 3.7 hours for each biweekly pay period of full-time work.  Such accrual shall be prorated for any nurses, except extra help, who work less than full-time during a pay period.  For the purpose of this Section absence in a pay status shall be considered work.

22.2     Usage

Nurses are entitled to be paid for sick leave used, to a maximum of the time accrued, under the following conditions:

(1)        The nurse’s illness, injury, or exposure to contagious disease which incapacitates him/her from performance of duties.  This includes disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth, and recovery therefrom as determined by a licensed physician.

(2)        The nurse’s receipt of required medical or dental care or consultation.

(3)        The nurse’s attendance on a member of the immediate family who is ill.

(4)        The nurse’s preparation for or attendance at the funeral of a member of the immediate family.

For purposes of this Section immediate family means parent, spouse, domestic partner, son, daughter, step-child, sibling, mother-in-law, father-in-law, grandparents or grandchildren.

 

22.3     Procedures for Requesting and Approving Sick Leave

When the need for sick leave is known to the nurse in advance of the absence, s/he shall request authorization for sick leave at such time, in the manner specified herein.  In all other instances s/he shall notify his/her supervisor as promptly as possible by telephone or other means.  Before a nurse may be paid for the use of accrued sick leave he/she shall complete and submit to his/her department head a signed statement, on a prescribed form, stating the dates and hours of absence and such other information as is necessary for the request to be evaluated. If a nurse does not return to work prior to the preparation of the payroll, other arrangements may be made with the approval of the department head and the Controller.  The sick leave form shall be treated confidentially and be kept in a confidential file.  The department head may require a physician’s statement from an employee who applies for sick leave, or make whatever investigation into the circumstances that appears warranted before taking action on the request.  If possible, nurses will notify their supervisor two hours before their shift begins.

22.4     Accounting for Sick Leave

Sick leave may be used in increments no smaller than 6 minutes.  Payment for sick leave used shall be at the employee’s base pay plus applicable differential, if any, as provided in Section 13.

22.5     Credits

When a nurse who has been working in an extra help capacity is appointed to a permanent position s/he may receive credit for such extra help service in computing accumulated sick leave, provided that no credit shall be given for service preceding any period of more than twenty-eight (28) consecutive calendar days in which an employee was not in a pay status.

If a nurse who has unused sick leave accrued is laid off and subsequently reemployed in a permanent position, such sick leave credits shall be restored to him/her upon reemployment.  The nurse shall not have any portion of sick leave credits restored for which he/she received compensation at the time of or subsequent to the day of lay off.

22.6     Incapacity to Perform Duties

If the appointing authority has been informed through a doctor’s report of a medical examination, that a nurse is not capable of properly performing his/her duties, the nurse may be required to absent himself/herself from work until the incapacity is remedied.  During such absence the nurse may utilize any accumulated sick leave, vacation, holiday and comp time.

22.7     Use of Sick Leave While on Vacation

A nurse who is injured or who becomes ill while on vacation may be paid for sick leave in lieu of vacation provided that the nurse:

  1. was hospitalized during the period for which sick leave is claimed,
  2. received medical treatment or diagnosis and presents a statement indicating illness or disability signed by a physician covering the period for which sick leave is claimed, or
  3. was preparing for or attending the funeral of an immediate family member.

No request to be paid for sick leave in lieu of vacation will be considered unless the request is made within ten (10) working days of the nurse’s return to work and the above substantiation, if required, is provided within a reasonable time.

22.8     Sick Leave During Holidays

Paid holidays shall not be considered as part of any period of sick leave, unless the nurse is scheduled to work on that holiday.

22.9     Sick Leave for Child Birth and Adoption

Nurses may use up to thirty (30) working days of accrued sick leave following the birth of a child to their spouse or when adopting a child.