Compulsory Sick Leave Clause Samples
The Compulsory Sick Leave clause establishes the employer's right or obligation to require employees to take sick leave under certain circumstances, typically when they are unfit for work due to illness or pose a health risk to others. In practice, this clause may apply when an employee is visibly ill at work or has a medical certificate indicating they should not perform their duties, and it can specify the process for notifying the employer and the duration of leave. Its core function is to protect workplace health and safety by ensuring that unwell employees do not endanger themselves or others, while also providing a clear procedure for managing such absences.
Compulsory Sick Leave. An appointing officer or designee who has reason to believe that an employee is not medically or physically competent to perform assigned duties, and if allowed to continue in employment or return from leave may represent a risk to co-workers, the public and the employee, may require the employee to present a medical report from a physician designated by the Human Resources Director certifying the employee's medical or physical competency to perform the required duties. If the employee refuses to obtain such physician's certificate or if as a result of a medical evaluation, the employee is found not to be medically or physically competent, the appointing officer or designee may place the employee on compulsory sick leave and shall immediately report such action to the Human Resources Director. An employee shall remain on compulsory sick leave until such time as the employee is found to be competent to return to duty by a physician designated by the Human Resources Director, but such leave shall not exceed the maximum period of sick leave provided in this provision. An employee placed on compulsory sick leave may appeal the imposition of compulsory sick leave to the Human Resources Director within fifteen (15) calendar days of the effective date of the leave. The Human Resources Director shall appoint a medical specialist not in the City and County service who practices in the City and County of San Francisco, to conduct an evaluation and to report the findings. This evaluation shall be conducted at the cost of the City and County. The decision of the medical specialist shall be final and no further appeal shall be allowed. If the medical specialist confirms the compulsory sick leave, the specialist shall specify the duration of the leave.
Compulsory Sick Leave. An appointing officer or designee who has reason to believe that an employee is not medically or physically competent to perform assigned duties, and if allowed to continue in employment or return from leave may represent a risk to co-workers, the public and the employee, may require the employee to present a medical report from a physician designated by the SFMTA Human Resources Director certifying the employee's medical or physical competency to perform the required duties.
Compulsory Sick Leave a. If, in the opinion of the City Manager, any EMPLOYEES are incapacitated for work due to illness, such EMPLOYEES may be required to submit themselves to a physician designated by the appointing authority for examination at the CITY'S expense. If the EMPLOYEES object to being examined by the designated physician, they may request one change of physician. If the report of the physician shows the EMPLOYEES to be in an unfit condition to perform their duties, the City Manager shall have the right to compel such EMPLOYEES to take the sufficient leave of absence to fit themselves for such work. Verification of such fitness shall be made by a physician designated by the CITY and all expenses incurred in securing such verification shall be at the EMPLOYEES' expense. Accrued sick leave shall be used for such absences or, when no such accrued leave exists or has been exhausted, EMPLOYEES may be granted leave without pay, the total of which shall not exceed one year. For good cause, EMPLOYEES may request extensions of this time in increments of not more than one month. The object of this rule is to protect the CITY'S interest in having a safe and effective workforce and in assisting EMPLOYEES in achieving a level of fitness to perform their duties.
b. EMPLOYEES whose performance is adversely affected by the use of alcoholic beverages, chemical substances (illicit drugs) or prescribed or unprescribed medications, may be subject to the provisions above. EMPLOYEES whose medication may alter their behavior so as to cause a potential safety problem (e.g. related to operating equipment or restrictions on being on ladders, at heights or in confined areas) must report the use of medication to their supervisor for modifying their work assignment temporarily. Abuse or failure to report could lead to discipline.
c. Any application of this section which results in action by the CITY adverse to an EMPLOYEE or EMPLOYEE'S continued employment may be appealed to the Personnel Commission.
Compulsory Sick Leave. Applicability: The provisions of Rule 20 apply to all officers and employees except as noted or as specifically excluded, or except as may be superceded by a collective bargaining agreement for those employees subject to Charter Sections A8.409 and A8.590. However, all definitions in this Rule are applicable to employees in all classes.