Label
Chapter 2134 Update
Toledo Municipal Court
Bryan Latta (x6425)
Title
Amending multiple sections of Chapter 2134 of the Toledo Municipal Code to modernize its terms and reflect current practices, policies, and procedures.
Body
SUMMARY & BACKGROUND:
Chapter 2134 of the Toledo Municipal Code governs the administrative operations of the Toledo Municipal Court. The Court has implemented numerous policy updates by way of Administrative Journal Entries, aimed at improving clarity, inclusivity, and administrative efficiency. These practices must now be formally codified to align TMC Chapter 2134 with current court policies and operational standards.
The revisions include the use of gender-neutral language, updated timekeeping methods to reflect alternative work schedules, classification of employees, background checks, educational reimbursement, benefits and leave usage, and removal of outdated or obsolete provisions. Further, the amendments also include language improvements, grammatical updates, and formatting revisions to promote consistency, accessibility, and legal clarity throughout the chapter.
Over the years many updates were made in coordination with the City of Toledo Human Resources Department and City of Toledo Law Department for legal sufficiency and compliance with citywide practices.
Summary
NOW THEREFORE Be it ordained by the Council of the City of Toledo:
SECTION:: 1. That Toledo Municipal Code Section 2134.01 which states as follows:
2134.03. Job Classifications.
The classifications for the staff of the Toledo Municipal Court Judges Division shall be as follows:
(a) Classifications
|
Classifications |
Salary Group |
|
Administrative Assistant |
10 |
|
Assignment Clerk |
7 |
|
Assignment Clerk-Senior |
8 |
|
Bailiff-Courtroom |
5 |
|
Bailiff-Chief Courtroom |
6 |
|
Bookkeeper/Payroll Clerk (423-13) |
6 |
|
Building Operations Chief |
13 |
|
Civil Bailiff-Assistant Commissioner |
11 |
|
Civil Bailiff-Commissioner |
13 |
|
Civil Bailiff-Deputy |
9 |
|
Clerk |
3 |
|
Community Service Officer (423-13) |
7 |
|
Court Administrator |
E4 |
|
Court Administrator-Deputy |
E2 |
|
Court Intern |
5 |
|
Court Reporter |
8 |
|
Court Security-Bailiff |
9 |
|
Court Services-Assistant Commissioner |
11 |
|
Court Services-Commissioner |
13 |
|
Court Services-Specialist (243-17) |
7 |
|
Finance Officer |
13 |
|
Housing Specialist |
10 |
|
Housing Specialist-Senior (217-02) |
11 |
|
Human Resource Officer (186-01) |
13 |
|
Information Technology Officer (786-05) |
14 |
|
Information Technology Specialist (432-12) |
5 |
|
Intake Secretary (210-95) |
5 |
|
Judges Secretary (18-89) |
5 |
|
Judges Secretary-Senior (824-85) |
6 |
|
License Intervention Specialist (432-12) |
8 |
|
Mediator |
10 |
|
Mediator-Senior |
11 |
|
Probation Officer |
10 |
|
Probation Officer-Assistant Chief |
13 |
|
Probation Officer-Chief |
E1 |
|
Probation - Fellow |
8 |
|
Probation-Secretary |
4 |
|
Probation-Unit Supervisor (694-88) |
11 |
|
Quality Assurance Officer |
11 |
|
Small Claims Assistant |
1 |
|
|
|
(b) The classification of Courtroom Bailiff shall be considered a confidential at will employee of the individual appointing judge. If the judge who made the initial appointment is replaced, the replacement judge may retain or discharge the Courtroom Bailiff as she or he determines. The classification of the Chief Courtroom Bailiff shall be appointed by the majority of the judges serving on the court from among the qualified Courtroom Bailiffs, but remains the confidential at will employee of the individual appointing judge to whom he or she reports.
(c) Effective September 1, 2012, the classification of Chief Probation Officer shall be reclassified as a Salary Group E-1. This reclassification is for all employees hired, promoted, or reinstated into that position on or after September 1, 2012.
(d) The classifications of Magistrate and Housing Magistrate are authorized and shall be considered confidential at will employees. Magistrate(s) or Housing Magistrate(s) may be full or part-time positions and are appointed by the majority of the Judges serving on the court. Magistrate(s) and Housing Magistrate(s) shall be paid at a rate and receive economic fringe benefits deemed by the court to be appropriate. All Standby Magistrate(s) will be paid economic fringe benefits as provided in Section 2134.28 <https://codelibrary.amlegal.com/codes/toledo/latest/toledo_oh/0-0-0-123588>.
(e) Salary Group Assignment.
The classifications listed in paragraph (a) are assigned to the salary group shown opposite the classification. Employees in classifications listed herein shall be paid in the salary group to which the classification is assigned in accordance with the annual salary as set forth in Sections 2134.49 <https://codelibrary.amlegal.com/codes/toledo/latest/toledo_oh/0-0-0-123742> and 2134.50 <https://codelibrary.amlegal.com/codes/toledo/latest/toledo_oh/0-0-0-123780>.
SECTION: 2. That a new Toledo Municipal Code Section 21341.01 is enacted as follows:
2134.03. Job Classifications.
The classifications for the staff of the Toledo Municipal Court Judges Division shall be as follows:
(a) Classifications
|
Classifications |
Salary Group |
|
Bailiff-Courtroom |
8 |
|
Bailiff-Chief Courtroom |
9 |
|
Bookkeeper/Payroll Clerk |
7 |
|
Building Operations Chief |
13 |
|
Civil Bailiff-Assistant Commissioner |
11 |
|
Civil Bailiff-Commissioner |
13 |
|
Civil Bailiff-Deputy |
9 |
|
Court Administrator |
E4 |
|
Court Administrator-Deputy |
E-3 |
|
Court Reporter |
10 |
|
Court Security-Bailiff |
9 |
|
Court Services-Assistant Commissioner |
11 |
|
Court Services-Commissioner |
13 |
|
Court Services-Specialist Day Porter |
7 1 |
|
Finance Officer |
E-1 |
|
Housing Specialist |
10 |
|
Housing Specialist-Senior |
11 |
|
Human Resource Officer Human Resource Specialist |
E-2 9 |
|
Information Technology Officer |
E-2 |
|
Information Technology Specialist |
9 |
|
Administrative Assistant |
6 |
|
Judges Secretary |
5 |
|
License Intervention Specialist |
8 |
|
Mediator |
10 |
|
Help Center Commissioner |
E-1 |
|
Probation Officer |
10 |
|
Probation Officer-Assistant Chief |
13 |
|
Probation Officer-Chief |
E-2 |
|
Probation - Fellow |
8 |
|
Probation-Secretary |
4 |
|
Probation-Unit Supervisor Project Manager |
11 12 |
|
Quality Assurance Administrator |
12 |
|
Court Resource Navigator |
5 |
|
|
|
(b) The classification of Courtroom Bailiff shall be considered a confidential at will employee of the individual appointing judge. If the judge who made the initial appointment is replaced, the replacement judge may retain or discharge the Courtroom Bailiff as she or he determines. The classification of the Chief Courtroom Bailiff shall be appointed by the majority of the judges serving on the court from among the qualified Courtroom Bailiffs, but remains the confidential at will employee of the individual appointing judge to whom they report
(d) The classifications of Magistrate and Housing Magistrate are authorized and shall be considered confidential at will employees. Magistrate(s) or Housing Magistrate(s) may be full or part-time positions and are appointed by the majority of the Judges serving on the court. Magistrate(s) and Housing Magistrate(s) shall be paid at a rate and receive economic fringe benefits deemed by the court to be appropriate. All Standby Magistrate(s) will be paid economic fringe benefits as provided in Section 2134.28 <https://codelibrary.amlegal.com/codes/toledo/latest/toledo_oh/0-0-0-123588>.
(e) Salary Group Assignment.
The classifications listed in paragraph (a) are assigned to the salary group shown opposite the classification. Employees in classifications listed herein shall be paid in the salary group to which the classification is assigned in accordance with the annual salary as set forth in Sections 2134.49 <https://codelibrary.amlegal.com/codes/toledo/latest/toledo_oh/0-0-0-123742> and 2134.50 <https://codelibrary.amlegal.com/codes/toledo/latest/toledo_oh/0-0-0-123780>.
SECTION: 3. That Toledo Municipal Code Section 2134.09 which states as follows:
2134.09. Disciplinary Procedure.
(a) When an employee is to be disciplined, the Court Administrator or his designee shall have the charges against the employee reduced to writing, with two copies to be served on the employee. Delivery to the employee shall be deemed to have occurred if the charges are hand-delivered, or in the event that hand-delivery fails, placed in the U.S. Mail. Where resort to U.S. Mail occurs, the date of the posting shall control. The employee's last known address will be used.
(b) Charges must be served upon the employee within ten (10) work days of the Court having knowledge of the infraction, or within 10 days of the completion of an investigation substantiating the infraction. The hearing shall be held no more than ten (10) work days after the charges have been served on the employee. In the event the hearing cannot be held because of the absence of the employee, the Court Administrator or the individual referring charges for any reason, then it shall be held within five (5) work days after the return of the employee, the Court Administrator or the individual referring charges. The employee shall have the right to be represented by legal counsel at such hearing.
(c) The Court Administrator or his designee shall hear the evidence in support of the charges and the evidence in defense of the charges and shall endeavor to ascertain the truth of the charges. The Court Administrator or his designee shall make a recommendation to the Presiding/ Administrative Judge on the case within five (5) work days after the day of hearing. If the recommendation is for dismissal or demotion, the Presiding/Administrative Judge shall then cause a hearing to be held in the Presiding/Administrative Judge's office to review the matter, hear the evidence in support of the charges, and the evidence in defense of the charges, and render a fair and just decision based on the evidence submitted at the hearing.
(d) Any action taken against the employee shall be subject to appeal to a committee of all Judges of the Court, whose decision shall be final.
(e) Employees designated as confidential at will employees in Section 2134.03 <https://codelibrary.amlegal.com/codes/toledo/latest/toledo_oh/0-0-0-123441> will not be covered by this procedure and will be subject to discipline at the discretion of the appointing authority.
SECTION: 4. That a new Toledo Municipal Code Section 2134.09 is enacted as follows:
2134.09. Disciplinary Procedure.
(a) When an employee is to be disciplined, the Court Administrator or their designee shall have the charges against the employee reduced to writing, with two copies to be served on the employee. Delivery to the employee shall be deemed to have occurred if the charges are hand-delivered, or in the event that hand-delivery fails, placed in the U.S. Mail. When resorting to U.S. Mail, the date of the posting shall control. The employee's last known address will be used.
(b) Charges must be served upon the employee within ten (10) work days of the Court having knowledge of the infraction, or within 10 days of the completion of an investigation substantiating the infraction. The hearing shall be held no more than ten (10) work days after the charges have been served on the employee. In the event the hearing cannot be held because of the absence of the employee, the Court Administrator or the individual referring charges for any reason, then it shall be held within five (5) work days after the return of the employee, the Court Administrator or the individual referring charges. The employee shall have the right to be represented by legal counsel, at the employee’s expense, at such hearing.
(c) The Court Administrator or their designee shall hear the evidence in support of the charges and the evidence in defense of the charges and shall endeavor to ascertain the truth of the charges. The hearing officer shall use a "preponderance of the evidence standard" in evaluating the evidence in support and in defense of the charges. The employee shall be presumed innocent and the burden shall be upon the Court to show guilt. The employee shall further have the right to confront and question the accuser, the right to call witnesses and to examine them in the employee's behalf, the right to have all records of the employee pertinent to the charges at hand, as determined by the hearing officer, made available and the right to file a written answer to the charges. The Court Administrator or their designee shall make a recommendation to the Presiding/ Administrative Judge on the case within five (5) work days after the day of hearing. If the recommendation is for dismissal or demotion, the Presiding/Administrative Judge shall then cause a hearing to be held in the Presiding/Administrative Judge's office to review the matter, hear the evidence in support of the charges, and the evidence in defense of the charges, and render a fair and just decision based on the evidence submitted at the hearing.
(d) Any action taken against the employee shall be subject to appeal to a committee of all Judges of the Court, whose decision shall be final.
(e) Employees designated as confidential at will employees in Section 2134.03 <https://codelibrary.amlegal.com/codes/toledo/latest/toledo_oh/0-0-0-123441> will not be covered by this procedure and will be subject to discipline at the discretion of the appointing authority.
SECTION: 5. That Toledo Municipal Code Section 2134.11 which states as follows:
2134.11. Probationary Period; Fringe Benefits.
(a) Newly hired employees shall be probationary employees for a period of 2,080 hours for purpose of work performance. A newly hired probationary employee shall not receive any fringe benefits during the first 60 actual work days of the probationary period, unless the Court, due to exceptional circumstances, approves provision of any or all of these benefits during that period. The Court may evaluate the employee's performance to determine whether the 2,080 hour probationary period may be extended. As a result of that performance evaluation, at the Court's sole discretion, the probationary period may be extended up to an additional six (6) months.
(b) All full time continuous service as a part-time employee shall be counted for the purpose of determining the employee's entitlement to fringe benefits. If the employee had worked as a part-time employee continuously for the equivalent of 120 actual work days, then the employee shall be eligible for fringe benefits immediately upon appointment as a full-time or provisional employee.
(c) Current employees promoted to or within positions at the Court shall be probationary for a period of 360 hours for the purpose of work performance. They shall be eligible for fringe benefits throughout their probationary period.
(d) Employees who transfer or take a voluntary demotion shall be probationary for a period of 360 hours for the purpose of work performance. They shall be eligible for fringe benefits throughout their probationary period.
SECTION: 6. That a new Toledo Municipal Code Section 2134.11 is enacted as follows:
2134.11. Probationary Period; Fringe Benefits.
(a) Newly hired employees shall be probationary employees for a period of 2,080 hours for purpose of work performance. A newly hired probationary employee shall not receive any fringe benefits during the first 480 certified working hours of the probationary period, unless the Court, due to exceptional circumstances, approves provision of any or all of these benefits during that period. The Court may evaluate the employee's performance to determine whether the 2,080 hour probationary period may be extended. As a result of that performance evaluation, at the Court's sole discretion, the probationary period may be extended up to an additional 2,080 hours.
(b) All full-time continuous service as a part-time employee shall be counted for the purpose of determining the employee's entitlement to fringe benefits. If the employee had worked as a part-time employee continuously for the equivalent of 480 certified work hours, then the employee shall be eligible for fringe benefits immediately upon appointment as a full-time or provisional employee.
(c) Current employees promoted to or within positions at the Court shall be probationary for a period of 1,040 hours for the purpose of work performance. At the Court's sole discretion, the probationary period may be extended up to an additional 1,040 hours. Time spent in an acting position shall not be included when calculating probationary time. They shall be eligible for fringe benefits throughout their probationary period.
(d) Employees who transfer or take a voluntary demotion shall be probationary for a period of 1,040 hours for the purpose of work performance. At the Court's sole discretion, the probationary period may be extended up to an additional 1,040 hours They shall be eligible for fringe benefits throughout their probationary period.
SECTION: 7. That Toledo Municipal Code Section 2134.12 which states as follows:
2134.12. Military Service.
(a) Regular employees who leave the service of the Court to enter that of the United States Armed Forces or the services of the U.S. Maritime Commission, or who are drafted by the United States Government for civilian services shall upon their return within ninety days from release from such services be granted all rights of employment as if continuously employed by the Court during such service.
(b) Sick leave and vacation accrued prior to the date of an employee's entrance into military service shall be preserved until his or her return to the Court employment as provided in this section. Additional sick leave and vacation shall not be accrued during the employee's military service.
(c) Whenever vacancies occur in the Court by reason of military leave of absence, appointments may be made for the duration of the emergency or earlier return to service of employees granted such leave for military service. All such appointments shall be subject to the priority rights of the permanent employees granted military leave.
(d) A regular employee who is on short-term military training duty shall be paid in accordance with O.R.C § 5923.05 as it now exists and as it may be amended from time to time.
SECTION: 8. That a new Toledo Municipal Code Section 2134.12 is enacted as follows:
2134.12. Military Service.
(a) Regular employees who leave the service of the Court to enter that of the United States Armed Forces or the services of the U.S. Maritime Commission, or who are drafted by the United States Government for civilian services shall upon their return within ninety days from release from such services be granted all rights of employment as if continuously employed by the Court during such service.
(b) Sick leave and vacation accrued prior to the date of an employee's entrance into military service shall be preserved until their return to the Court employment as provided in this section. Additional sick leave and vacation shall not be accrued during the employee's military service.
(c) Whenever vacancies occur in the Court by reason of military leave of absence, appointments may be made for the duration of the emergency or earlier return to service of employees granted such leave for military service. All such appointments shall be subject to the priority rights of the permanent employees granted military leave.
(d) A regular employee who is on short-term military training duty shall be paid in accordance with O.R.C § 5923.05 as it now exists and as it may be amended from time to time.
SECTION: 9. That Toledo Municipal Code Section 2134.13 which states as follows:
2134.13. Transfers; Voluntary Demotion.
(a) A transfer is a movement from a position in one classification to a similar position in the same classification in a different department.
(b) A voluntary demotion is the movement by an employee from his or her permanent classification to a classification in a lower salary group that involves duties that the employee is qualified to perform. A voluntary demotion is differentiated from a regular demotion in that it requires that the employee initiate such action rather than the Court.
(c) The court may direct an employee be transferred when such a transfer would be for the good of the Toledo Municipal Court.
(d) An employee transferred or demoted voluntarily as provided herein, shall be for a period of forty-five (45) compensated work days. During this period the Court can direct that the employee be returned to his or her former position. If the employee's former position has been filled, the employee filling that position may be removed and reinstated to his former position, and so forth.
(e) If an employee serving a forty-five (45) work day probationary period established herein fails to work more than two (2) work days during this probationary period, then the employee's probationary period shall be extended by the additional number of work days that the employee did not work in excess of two (2).
SECTION: 10. That a new Toledo Municipal Code Section 2134.13 is enacted as follows:
2134.13. Transfers; Voluntary Demotion.
(a) A transfer is a movement from a position in one classification to a similar position in the same classification in a different department.
(b) A voluntary demotion is the movement by an employee from their permanent classification to a classification in a lower salary group that involves duties that the employee is qualified to perform. A voluntary demotion is differentiated from a regular demotion in that it requires that the employee initiate such action rather than the Court.
(c) The court may direct an employee be transferred when such a transfer would be for the good of the Toledo Municipal Court.
SECTION: 11. That Toledo Municipal Code Section 2134.16 which states as follows:
2134.16. Personal Leaves up to Five Days.
A personal leave of absence at the request of the employee may be granted upon the approval of the Court in accordance with the rules established herein. An approved leave of absence shall be required when the employee will be absent on his or her own accord for more than five consecutive work days. Any request for excused absence for a period of less than five consecutive work days may be granted by the employee's supervisor without the necessity of preparing formal leave request to the Court, however, routine time-off paperwork must be prepared and submitted. Formal requests for leave of absence shall be in writing, in duplicate; shall be signed by the employee stating the reason for the leave; and shall be approved by the Court. One copy shall be retained by the employee and one copy by the Court Administrator's office.
Nothing in this chapter shall be construed to require the docking of pay from FLSA-exempt employees for partial-day absences when paid leave is not used.
SECTION: 12. That a new Toledo Municipal Code Section 2134.16 is enacted as follows:
2134.16. Personal Leaves up to Five Days.
A personal leave of absence at the request of the employee may be granted upon the approval of the Court in accordance with the rules established herein. An approved leave of absence shall be required when the employee will be absent on their own accord for more than five consecutive work days. Any request for excused absence for a period of less than five consecutive work days may be granted by the employee's Department Manager Requests should be written, and shall not be granted unless all other applicable leave has already been exhausted. A Department Manager cannot grant more than five days of leave for an employee during a calendar year. .
Nothing in this chapter shall be construed to require the docking of pay from FLSA-exempt employees for partial-day absences when paid leave is not used.
SECTION: 13. That Toledo Municipal Code Section 2134.17 which states as follows:
2134.17. Personal Leave Up to Thirty (30) Calendar Days and Thirty (30) Days or More.
(a) A leave of absence may be granted for up to thirty (30) calendar days in any calendar year without loss of position by the employee. When an employee returns from an approved leave of absence, he or she shall return to the position in the service from which the leave was granted.
(b) A leave of absence for more than thirty (30) calendar days may be granted, but the employee granted the leave of absence for more than thirty (30) calendar days shall not be entitled to be returned to the position from which the leave was granted but shall be placed in an open position in the same class or in a class at the same salary group provided a vacancy exists, except in the case of a leave of absence for the purpose of securing job-related educational experience, in which case the employee shall be returned to the department from which the leave was granted. In no case shall a leave of absence be granted for a period of more than one (1) year, except as otherwise provided herein.
(c) An employee who is on industrial injury leave and is participating in the City's Injury Pay Program (Section 2134.35 <https://codelibrary.amlegal.com/codes/toledo/latest/toledo_oh/0-0-0-123629>) will be entitled to return to his or her position when determined physically able to return to work in that classification. If an employee elects to go on Workers' Compensation and not participate in the City's Injury Pay Program, the Court may fill that position after thirty (30) calendar days. In such cases, this employee will be placed in the first available position for which he or she is determined qualified and physically able to perform such duties, at a salary group equal to or less than their current salary group.
(d) It is the express intent that this section of the Code shall not be applied in such a manner as to cause or constitute a violation of any law or a reduction in benefits as provided therein, specifically including PL 103-3, known as the Family and Medical Leave Act of 1993; provided, however, that any remedy for violation of this Act shall be as set forth in the Act.
SECTION: 14. That a new Toledo Municipal Code Section 2134.17 is enacted as follows:
2134.17. Personal Leave Up to Thirty (30) Calendar Days and Thirty (30) Days or More.
(a) A leave of absence may be granted for up to thirty (30) calendar days in any calendar year without loss of position by the employee. When an employee returns from an approved leave of absence, they shall return to the position in the service from which the leave was granted. Formal requests for leave of absence shall be in writing, in duplicate; shall be signed by the employee stating the reason for the leave; and shall be approved by the Court. One copy shall be retained by the employee and one copy by the Court Administrator's office.
(b) A leave of absence for more than thirty (30) calendar days may be granted, but the employee granted the leave of absence for more than thirty (30) calendar days shall not be entitled to be returned to the position from which the leave was granted but shall be placed in an open position in the same class or in a class at the same salary group provided a vacancy exists, except in the case of a leave of absence for the purpose of securing job-related educational experience, in which case the employee shall be returned to the department from which the leave was granted. In no case shall a leave of absence be granted for a period of more than one (1) year, cumulatively, during a five (5) year span, except as otherwise provided herein.
(c) An employee who is on industrial injury leave and is participating in the City's Injury Pay Program (Section 2134.35 <https://codelibrary.amlegal.com/codes/toledo/latest/toledo_oh/0-0-0-123629>) will be entitled to return to their position when determined physically able to return to work in that classification. If an employee elects to go on Workers' Compensation and not participate in the City's Injury Pay Program, the Court may fill that position after thirty (30) calendar days. In such cases, this employee will be placed in the first available position for which they is determined qualified and physically able to perform such duties, at a salary group equal to or less than their current salary group. Request must be accompanied by a statement from the attending physician verifying the necessity of such leave. The leave may be granted for periods of thirty (30) calendar days or more, depending on the condition of the employee, not to exceed two (2) years from the date the employee's sick or injury pay has been exhausted, unless this period is extended in writing
(d) It is the express intent that this section of the Code shall not be applied in such a manner as to cause or constitute a violation of any law or a reduction in benefits as provided therein, specifically the Family and Medical Leave Act; provided, however, that any remedy for violation of this Act shall be as set forth in the Act.
SECTION: 15. That Toledo Municipal Code Section 2134.18 which states as follows:
2134.18. Personal Leave and Fringe Benefits.
(a) An employee on an approved leave of absence shall maintain his seniority. Additional sick leave and vacation shall not be accrued during the employee's personal leave.
(b) An employee on any approved leave of absence of thirty (30) calendar days in any calendar year or less shall have his or her hospitalization and surgical insurance and death benefit continued in force by the City.
(c) An employee on an approved leave of absence for more than one full calendar month shall not receive fringe benefits during the period of such leave, however, the employee may arrange to prepay through the Division of Accounts the premiums necessary to continue the employee's hospitalization and surgical insurance in force during the period of time the employee is on leave. Life insurance benefits shall be maintained during the period of such a leave.
(d) An employee on an approved leave of absence for any partial months shall be responsible for all insurance co-premiums and shall arrange to prepay through payroll deductions the co-premiums necessary to continue the employee's hospitalization and surgical insurance in force during the period of time the employee is on leave.
SECTION: 16. That a new Toledo Municipal Code Section 2134.18 is enacted as follows:
2134.18. Personal Leave and Fringe Benefits.
(a) An employee on an approved leave of absence shall maintain their seniority. Additional sick leave and vacation shall not be accrued during the employee's personal leave.
(b) An employee on any approved leave of absence of thirty (30) calendar days in any calendar year or less shall have their hospitalization and surgical insurance and death benefit continued in force by the City.
(c) An employee on an approved leave of absence for more than one full calendar month shall not receive fringe benefits during the period of such leave, however, the employee may arrange to prepay through the Division of Accounts the premiums necessary to continue the employee's hospitalization and surgical insurance in force during the period of time the employee is on leave. Life insurance benefits shall be maintained during the period of such a leave.
(d) An employee on an approved leave of absence for any partial months shall be responsible for all insurance co-premiums and shall arrange to prepay through payroll deductions the co-premiums necessary to continue the employee's hospitalization and surgical insurance in force during the period of time the employee is on leave.
SECTION: 17. That Toledo Municipal Code Section 2134.19 which states as follows:
2134.19. Falsification of Request.
No employee shall be granted a leave of absence for the purpose of entering employment for another employer or becoming self-employed. If a leave of absence is falsely obtained and the employee is found to be employed by another employer or to be self-employed while on leave, the employee shall be given the opportunity to resign from service with the Court. If the employee fails or refuses to resign, then he or she may be discharged.
SECTION: 18. That a new Toledo Municipal Code Section 2134.19 is enacted as follows:
2134.19. Falsification of Request.
No employee shall be granted a leave of absence for the purpose of entering employment for another employer or becoming self-employed. If a leave of absence is falsely obtained and the employee is found to be employed by another employer or to be self-employed while on leave, the employee shall be given the opportunity to resign from service with the Court. If the employee fails or refuses to resign, then they may be discharged.
SECTION: 19. That Toledo Municipal Code Section 2134.20 which states as follows:
2134.20. Military Leave.
An employee who is called into military service shall be placed on approved leave of absence during the period of time that he or she is required to serve. Upon discharge from active military service, the employee shall have ninety (90) calendar days to report back to the Court to be reassigned in accordance with the law. The employee shall accrue service time with the Court while on such leave as provided herein.
SECTION: 20. That a new Toledo Municipal Code Section 2134.20 is enacted as follows:
2134.20. Military Leave.
An employee who is called into military service shall be placed on approved leave of absence during the period of time that they are required to serve. Upon discharge from active military service, the employee shall have ninety (90) calendar days to report back to the Court to be reassigned in accordance with the law. The employee shall accrue service time with the Court while on such leave as provided herein. In accordance with federal law, this leave is excluded from other leave limiting provisions within this chapter.
SECTION: 21. That Toledo Municipal Code Section 2134.22 which states as follows:
2134.22. Sick or Injury Leave.
An employee who is sick or is injured may apply for a leave without pay when the employee's sick or injury pay has been exhausted and extended sick or injury pay has not been granted. The request must be accompanied by a statement from the attending physician verifying the necessity of such leave. The leave may be granted for periods of thirty (30) calendar days or more, depending on the condition of the employee, not to exceed two (2) years from the date the employee's sick or injury pay has been exhausted, unless this period is extended in writing.
SECTION: 22. That a new Toledo Municipal Code Section 2134.22 is enacted as follows:
2134.22. Injury Leave.
An employee who is injured may apply for a leave without pay when the employee's sick or injury pay has been exhausted and extended injury pay has not been granted.
SECTION: 23. That Toledo Municipal Code Section 2134.23 which states as follows:
2134.23. Overtime; Compensatory Time.
(a) All work in excess of forty (40) hours-worked per week shall be overtime and compensated at the rate of one and one-half (1-1/2) the employee's wage rate or as compensatory time. This section is subject to the exemptions of Section 7 and Section 13 of the "Federal Fair Labor Standards Act of 1938," 29 U.S.C. 207, 213, as amended.
(b) An employee shall be permitted to take compensatory time off in lieu of receiving overtime pay at the option of the employee. Where the employee has elected to take compensatory time off in lieu of pay, he or she shall receive time at the appropriate overtime rate established herein. Such time shall be taken in a way that shall not seriously impair the operations for which the employee is responsible. All compensatory time in excess of forty (40) hours must be taken by April 30 of the year following the year in which the time was earned. If the employee has not taken the compensatory time by that date, then he or she shall be paid for all hours not taken in excess of the forty (40) hours that he or she is authorized to retain.
SECTION: 24. That a new Toledo Municipal Code Section 2134.23 is enacted as follows:
2134.23. Overtime
(a) All work in excess of forty (40) hours-worked per week shall be overtime and compensated at the rate of one and one-half (1-1/2) the employee's wage rate or as compensatory time. This section is subject to the exemptions of Section 7 and Section 13 of the "Federal Fair Labor Standards Act of 1938," 29 U.S.C. 207, 213, as amended.
(b) An employee shall be permitted to take compensatory time off in lieu of receiving overtime pay at the option of the employee. Where the employee has elected to take compensatory time off in lieu of pay, they shall receive time at the appropriate overtime rate established herein. Such time shall be taken in a way that shall not seriously impair the operations for which the employee is responsible. All compensatory time in excess of forty (40) hours must be taken by April 30 of the year following the year in which the time was earned. If the employee has not taken the compensatory time by that date, then they shall be paid for all hours not taken in excess of the forty (40) hours that they are authorized to retain.
SECTION: 25. That Toledo Municipal Code Section 2134.24 which states as follows:
2134.24. Compensated Time Considered as Time Worked.
Holidays, vacations and other time off to which such person is entitled as a matter of rights under or by virtue of any ordinance of the City, shall be considered time worked, except when determining hours worked for purposes of compliance with the Fair Labor Standards Act or exemptions therefrom and the computation of probation periods.
SECTION: 26. That a new Toledo Municipal Code Section 2134.24 is enacted as follows:
2134.24. Compensated Time Considered as Time Worked.
Holidays, vacations and other time off to which such person is entitled as a matter of rights under or by virtue of any ordinance of the City, shall be considered time worked, except when determining hours worked for purposes of compliance with the Fair Labor Standards Act, the Family Medical Leave Act, or exemptions therefrom and the computation of probation periods.
SECTION: 27. That Toledo Municipal Code Section 2134.25 which states as follows:
2134.25. Injury at Work.
Any employee who may be injured during the course of his or her day's employment shall be paid a minimum of eight (8) hours pay for the day on which the injury occurred, if such injury requires the employee to leave the job for medical treatment by a professional medical care provider.
SECTION: 28. That a new Toledo Municipal Code Section 2134.25 is enacted as follows:
2134.25. Injury at Work.
Any employee who may be injured during the course of their day's employment shall be paid a minimum of eight (8) hours pay for the day on which the injury occurred, if such injury requires the employee to leave the job for medical treatment by a professional medical care provider.
SECTION: 29. That Toledo Municipal Code Section 2134.26 which states as follows:
2134.26. Provisions for Safety and Health.
(a) The City shall continue to make provisions for the safety of its employees. The City shall provide protection devices as required by law to protect employees properly from injury.
(b) Employees are to comply with all general safety rules of the Court and any special departmental safety rules and shall be required to use safety equipment provided to them.
SECTION: 30. That a new Toledo Municipal Code Section 2134.26 is enacted as follows:
2134.26. Provisions for Safety and Health.
(a) The Court shall continue to make provisions for the safety of its employees. The Court shall provide protection devices as required by law to protect employees properly from injury.
(b) Employees are to comply with all general safety rules of the Court and any special departmental safety rules and shall be required to use safety equipment provided to them.
SECTION: 31. That Toledo Municipal Code Section 2134.27 which states as follows:
2134.27. Resignation.
Any employee whose removal from the service is sought may resign at any time and his or her records shall show that the employee resigned of his or her own accord. Any employee who wishes to leave the Court's service in good standing shall sign a written resignation with his or her department and/or division head at least two weeks in advance of the date he or she wishes his or her resignation to be effective.
SECTION: 32. That a new Toledo Municipal Code Section 2134.27 is enacted as follows:
2134.27. Resignation.
Any employee whose removal from the service is sought may resign at any time and their records shall show that the employee resigned of their own accord. Any employee who wishes to leave the Court's service in good standing shall sign a written resignation to Court Administration and their department head at least two weeks in advance of the effective resignation date.
SECTION: 33. That Toledo Municipal Code Section 2134.28 which states as follows:
2134.28. Part-Time Employees' Benefits.
(a) Toledo Municipal Court Judges' Division part-time employees have no bump or recall rights.
(b) The following benefits shall be made available to all part-time employees, as of January 1, 1990 on a prorated basis based on actual hours worked during the preceding year:
Sick Days
Bonus Days
Vacation
(c) The eligibility for holiday pay shall depend upon the Job Sharing Agreement between the job sharers, which is approved by the Court.
(d) Newly hired part-time employees shall be probationary employees for a period of 2,080 hours.
(e) If a part-time employee serving the initial 2,080 hours probationary period established herein fails to work for more than 32 scheduled hours during this initial probationary period, then the employee's probationary period shall be extended by the additional number of hours the employee did not work in excess of 32.
SECTION: 34. That a new Toledo Municipal Code Section 2134.28 is enacted as follows:
2134.28. Part-Time Employees' Benefits.
(a) Toledo Municipal Court Judges' Division part-time employees have no bump or recall rights.
(b) Sick and Vacation leave shall be made available to all part-time employees, on a prorated basis based on actual hours worked:
Bonus leave will be awarded based on a prorated basis based on actual hours worked the previous quarter.
(c) Job Share employee’s eligibility for fringe benefits shall depend upon the Job Sharing Agreement between the job sharers, which is approved by the Court.
(d) Newly hired part-time employees shall be probationary employees for a period of 2,080 hours.
(e) If a part-time employee serving the initial 2,080 hours probationary period established herein fails to work for more than 32 scheduled hours during this initial probationary period, then the employee's probationary period shall be extended by the additional number of hours the employee did not work in excess of 32.
SECTION: 35. That Toledo Municipal Code Section 2134.29 which states as follows:
2134.29. Outside Employment Compatibility.
No employee of the Court shall accept outside employment that is adverse to or in conflict with his or her municipal employment. Employees engaged in outside employment must disclose the nature and details of such employment to the Court Administrator in writing prior to undertaking such employment.
SECTION: 36. That a new Toledo Municipal Code Section 2134.29 is enacted as follows:
2134.29. Outside Employment Compatibility.
No employee of the Court shall accept outside employment that is adverse to or in conflict with their municipal employment. Employees engaged in outside employment must disclose the nature and details of such employment to the Human Resource Officer in writing prior to undertaking such employment.
SECTION: 37. That Toledo Municipal Code Section 2134.30 which states as follows:
2134.30. Change of Name and/or Address.
Employees shall report changes of name, phone number and/or address on appropriate forms, to their supervisors. Such changes shall be reported within fifteen (15) calendar days of occurrence and forwarded to the Court Administrator's Office who, in turn, will notify the Department of Human Resources who shall correct the employee's records and file such change in the employee's personal history file.
SECTION: 38. That a new Toledo Municipal Code Section 2134.30 is enacted as follows:
2134.30. Change of Name and/or Address.
Employees shall report changes of name, phone number and/or address on appropriate forms and through the appropriate mechanisms, to the Toledo Municipal Court Human Resource Officer and City of Toledo Human Resources.
SECTION: 39. That Toledo Municipal Code Section 2134.31 which states as follows:
2134.31. Accumulation of Sick Days.
(a) Regular full-time employees shall be credited with one and one-quarter (1 ¼) days for each month of services, not to exceed fifteen (15) days per calendar year. Such days shall continue to accumulate at such rate without any maximum limitations. Provided the conditions of Section 2134.51 <https://codelibrary.amlegal.com/codes/toledo/latest/toledo_oh/0-0-0-123810>, Termination and Severance Pay, have been met, unused sick leave accumulated and shall be paid out as follows.
(i) Employees hired on or before December 31, 2012 shall be covered under the original severance plan, unless they opt out of the original severance plan in writing before March 1, 2013 to the Court Administrator. Provided the conditions of Section 2134.51 <https://codelibrary.amlegal.com/codes/toledo/latest/toledo_oh/0-0-0-123810>, Termination and Severance Pay, have been met, unused sick leave under the original severance plan will be paid out as follows: the bank of sick leave established effective December 31, 2012 will be paid out at the rate of one-half (1/2) the employee's regular rate of pay as of the date of separation for all banked sick time up to two hundred (200) days and full pay at the employee's regular rate of pay as of the date of separation for accumulated sick time in excess of two hundred (200) days. The total number of days to be paid is capped at the bank of sick leave the employee had available on December 31, 2012.
(ii) Employees hired after December 31, 2012, or employees who opt out of the original severance plan, shall be under the revised severance plan. Provided the conditions of Section 2134.51 <https://codelibrary.amlegal.com/codes/toledo/latest/toledo_oh/0-0-0-123810>, Termination and Severance Pay, have been met, unused accrued sick leave under the revised severance plan will be paid as follows at the employee's regular rate of pay as of the date of separation: thirty-three percent (33%) of salary for the first eighty (80) days and fifty percent (50%) of salary for the next eighty (80) days for a maximum of one hundred and sixty (160) days.
(b) Sick leave hours not used by the end of the year can either be turned in for payment of a percentage of salary as indicated herein or carried over until retirement or separation. The maximum number of sick hours allowed for year-end payment will be forty (40). Employees using twenty (20) hours or fewer of sick leave in the preceding calendar year shall be entitled to a conversion to pay at fifty percent (50%). Employees using more than twenty (20) but forty (40) or fewer hours shall be entitled to a conversion at twenty five percent (25%). Employees with fewer than four hundred eighty (480) hours of accrued sick time or who have used more than forty (40) hours in the preceding calendar year, shall not be eligible for this conversion privilege. The employee's accrued sick leave shall be reduced by the number of hours converted to cash.
(c) An employee granted a leave of absence without pay for thirty (30) calendar days or more shall not accumulate sick pay during the period the employee is on such leave.
(d) An employee hired from another political jurisdiction within Ohio may transfer his or her unused sick time to his or her sick leave bank with the Court. Such time may be used and may be paid in accordance with the terms of this chapter.
(e) An employee may not be paid out sick leave on sick leave accumulated through the Court's Catastrophic Leave Donation Program.
SECTION: 40. That a new Toledo Municipal Code Section 2134.31 is enacted as follows:
2134.31. Accumulation of Sick Days.
(a) Regular full-time employees shall be credited with 10 hours for each month of services, not to exceed one hundred and twenty (120) hours per calendar year. These hours shall continue to accumulate at such rate without any maximum limitations. Provided the conditions of Section 2134.51 <https://codelibrary.amlegal.com/codes/toledo/latest/toledo_oh/0-0-0-123810>, Termination and Severance Pay, have been met, unused sick leave accumulated and shall be paid out as follows.
(i) Employees hired on or before December 31, 2012 shall be covered under the original severance plan, unless they opted out of the original severance plan in writing before March 1, 2013 to the Court Administrator. Provided the conditions of Section 2134.51 <https://codelibrary.amlegal.com/codes/toledo/latest/toledo_oh/0-0-0-123810>, Termination and Severance Pay, have been met, unused sick leave under the original severance plan will be paid out as follows: the bank of sick leave established effective December 31, 2012 will be paid out at the rate of one-half (1/2) the employee's regular rate of pay as of the date of separation for all banked sick time up to sixteen hundred (1600) hours and full pay at the employee's regular rate of pay as of the date of separation for accumulated sick time in excess of sixteen hundred (1600) hours. The total number of hours to be paid is capped at the bank of sick leave the employee had available on December 31, 2012.
(ii) Employees hired after December 31, 2012, or employees who opted out of the original severance plan, shall be under the revised severance plan. Provided the conditions of Section 2134.51 <https://codelibrary.amlegal.com/codes/toledo/latest/toledo_oh/0-0-0-123810>, Termination and Severance Pay, have been met, unused accrued sick leave under the revised severance plan will be paid as follows at the employee's regular rate of pay as of the date of separation: thirty-three percent (33%) of salary for the first six hundred and forty (640) hours and fifty percent (50%) of salary for the next six hundred and forty (640) hours for a maximum of twelve hundred and eighty (1280) hours.
(b) Sick leave hours not used by the end of the year can either be turned in for payment of a percentage of salary as indicated herein or carried over until retirement or separation. The maximum number of sick hours allowed for year-end payment will be forty (40). Employees using twenty (20) hours or fewer of sick leave in the preceding calendar year shall be entitled to a conversion to pay at fifty percent (50%). Employees using more than twenty (20) but forty (40) or fewer hours shall be entitled to a conversion at twenty five percent (25%). Employees with fewer than four hundred eighty (480) hours of accrued sick time or who have used more than forty (40) hours in the preceding calendar year, shall not be eligible for this conversion privilege. The employee's accrued sick leave shall be reduced by the number of hours converted to cash.
(c) An employee granted a leave of absence without pay for thirty (30) calendar days or more shall not accumulate sick pay during the period the employee is on such leave.
(d) An employee hired from another political jurisdiction within Ohio may transfer their unused sick time to their sick leave bank with the Court. Such time may be used and may be paid in accordance with the terms of this chapter.
(e) An employee may not be paid out sick leave on sick leave accumulated through the Court's Catastrophic Leave Donation Program.
SECTION: 41. That Toledo Municipal Code Section 2134.32 which states as follows:
2134.32. Sick Pay Usage.
(a) Sick pay is pay to the employee for the necessary absence from duty on a regularly scheduled work day because of illness, injury, medical appointments, or exposure to contagious disease suffered by the employee not in the course of his employment, or illness in the employee's immediate family that necessitates the employee's absence from work or would result in serious hardship to the employee's family. Attendance to the immediate family member at a hospital while undergoing serious medical attention shall be included under this provision.
(b) Sick pay shall be paid for illness or injury incurred as a result of outside employment. Sick pay shall not be paid to any employee as a result of use of drugs or alcoholic beverages, except for the treatment of abuse, nor for injuries sustained while committing a felony, or other similar action.
(c) For the purpose of this section, immediate family shall include only the employee's father, mother, step-father, step-mother, sister, brother, spouse or child. The immediate family illness provision shall be for a limited period of time, normally not to exceed seven (7) work days, to enable the employee to secure other arrangements for the care of the member of the employee's immediate family. Usage of the immediate family illness provision for three (3)_or more consecutive work days shall require a Statement of Attending Physician.
(d) Where a special relationship exists between the employee and any other person for whom the employee would not normally be granted sick pay, said sick pay will be granted upon pre-authorization of this relationship by the Court Administrator. An affidavit stating the existing relationship and certifying that the person resides at the employee's household and is dependent on the employee for their well-being must be approved by the Court Administrator prior to the utilization of any sick pay.
(e) It is the express intent that this section of the Code shall not be applied in such a manner as to cause or constitute a violation of any law or a reduction in benefits provided therein, specifically including PL 103-3, known as the Family and Medical Leave Act of 1993; provided, however, that any remedy for violation of this Act shall be as set forth in the Act.
SECTION: 42. That a new Toledo Municipal Code Section 2134.32 is enacted as follows:
2134.32. Sick Pay Usage.
(a) Sick pay is pay to the employee for the necessary absence from duty on a regularly scheduled work day because of illness, injury, medical appointments, mental health, or exposure to contagious disease suffered by the employee not in the course of their employment, or illness in the employee's immediate family that necessitates the employee's absence from work or would result in serious hardship to the employee's family. Attendance to the immediate family member at a hospital while undergoing serious medical attention shall be included under this provision.
(b) Sick pay shall be paid for illness or injury incurred as a result of outside employment. Sick pay shall not be paid to any employee as a result of use of drugs or alcoholic beverages, except for the treatment of abuse, nor for injuries sustained while committing a felony, or other similar action.
(c) For the purpose of this section, immediate family shall include only the employee's father, mother, step-father, step-mother, sister, brother, spouse or child. The immediate family illness provision shall be for a limited period of time, normally not to exceed seven (7) work days, to enable the employee to secure other arrangements for the care of the member of the employee's immediate family. Usage of the immediate family illness provision for three (3)_or more consecutive work days shall require a Statement of Attending Physician, or other approved documentation according to policy.
(d) Where a special relationship exists between the employee and any other person for whom the employee would not normally be granted sick pay, said sick pay will be granted upon pre-authorization of this relationship by the Human Resource Officer. An affidavit stating the existing relationship and certifying that the person is dependent on the employee for their well-being must be approved by the Human Resource Officer prior to the utilization of any sick pay.
(e) It is the express intent that this section of the Code shall not be applied in such a manner as to cause or constitute a violation of any law or a reduction in benefits provided therein, specifically the Family and Medical Leave Act; provided, however, that any remedy for violation of this Act shall be as set forth in the Act.
SECTION: 43. That Toledo Municipal Code Section 2134.33 which states as follows:
2134.33. Reporting; Proof of Illness.
(a) The employee, while absent on sick pay, must notify his or her supervisor under agreed practices. When claiming sick days, an employee must remain at home caring for his or her illness unless he or she is away receiving medical attention such as in a hospital, at a doctor's office or at a pharmacy, and be able to document the absence from home. Where an employee who is recuperating from surgery or some other major medical condition is advised by his or her physician that a change of location would hasten his or her recovery, he or she may do so with the approval of the Court. An employee who is recuperating from surgery or other medical condition and who has not been released to return to work by a physician within ten (10) work days does not have to remain at home provided that their physician's statement indicates that remaining home is not necessary to their full and fast recovery. The employee then shall be allowed, under these conditions, to continue to receive sick pay benefits.
(b) When an accumulation of sick days taken within a calendar year reaches five (5) days or forty (40) hours for an employee then the employee must document use of sick leave by the use of the Toledo Municipal Court Statement of Attending Physician for the remainder of the calendar year. The 5 day/40 hour limit shall include all days or portions of days. The Court's Statement of Attending Physician must set forth the employee's or family member's condition that requires his or her absence. Statements of Attending Physician must be prepared by a doctor or medical official (physician, nurse practitioner, nurse, dentist, chiropractor, or physical therapist, optometrist, and ophthalmologist). FMLA-approved leave is not included in the calculation of the 40 hours.
(c) Effective January 1, 2006, when an accumulation of sick days taken within a calendar year reaches six (6) days or forty-eight (48) hours for non-major illnesses or injuries, then the employee's usage record and attending circumstances will be subject to review to validate appropriate usage. Usage that cannot be validated will be subject to discipline for each additional sick leave usage for a non-major illness or injury. The 6 day/48hour limit shall include all days or portions of days. A major illness or injury shall be the same as one qualifying for FMLA leave. FMLA-approved leaves are not included in the calculation of the 48 hours.
(d) Any absence from duty as the result of a claimed illness or injury may be investigated during the employee's normal working hours by an authorized Court representative.
(e) Any employee found guilty of abusing the sick pay benefits set forth herein or whose reasons for absence are falsified shall be subject to appropriate disciplinary action.
(f) Funeral leave usage of sick pay in accordance with Section 2134.45 <https://codelibrary.amlegal.com/codes/toledo/latest/toledo_oh/0-0-0-123721> shall not be used in the calculation of 40 and 48 hours used described above.
(g) Part-time employees shall be subject to this section on a pro-rata basis.
SECTION: 44. That a new Toledo Municipal Code Section 2134.33 is enacted as follows:
2134.33. Reporting; Proof of Illness.
(a) The employee, while absent on sick pay, must notify their supervisor under agreed practices. When claiming sick days, an employee must remain at home caring for their illness unless they are away receiving medical attention such as in a hospital, at a doctor's office or at a pharmacy, and be able to document the absence from home. Where an employee who is recuperating from surgery or some other major medical condition is advised by their physician that a change of location would hasten their recovery, they may do so with the approval of the Court. An employee who is recuperating from surgery or other medical condition and who has not been released to return to work by a physician within ten (10) work days does not have to remain at home provided that their physician's statement indicates that remaining home is not necessary to their full and fast recovery. The employee then shall be allowed, under these conditions, to continue to receive sick pay benefits.
(b) When an accumulation of sick days taken within a calendar year reaches five (5) days or forty (40) hours, that is not FMLA-approved, or is not otherwise documented as specified below, then the employee shall be notified, in writing, that the use of more than six (6) days or forty-eight (48) hours of non FMLA or undocumented sick time that year may be cause for adverse administrative action. When the accumulation of non-FMLA approved or undocumented sick time exceeds six (6) days or forty-eight (48) hours, the employee may be subject to adverse administrative action as referenced in Toledo Municipal Code 2134.33 (f).then the employee must document use of sick leave by the use of the Toledo Municipal Court Statement of Attending Physician for the remainder of the calendar year. The 5 day/40 hour limit shall include all days or portions of days. The Court's Statement of Attending Physician must set forth the employee's or family member's condition that requires their absence. Statements of Attending Physician must be prepared by a doctor or medical official (physician, nurse practitioner, nurse, dentist, chiropractor, or physical therapist, optometrist, and ophthalmologist). FMLA-approved leave is not included in the calculation of the 40 hours.
(c) Sick time is defined as any sick time that is not FMLA-approved or is not otherwise documented. Documented sick time, for purposes of this section, shall be restricted to a “Statement of Attending Physician” form, notes or other documentation from a medical office (physician, nurse practitioner, nurse, dentist, chiropractor, physical therapist) school official or the city health care provider, all of which must be on official letter head.
(d) All documentation must be received by the Human Resource Department within 48 hours of returning to work. Failure to provide a “Statement of Attending Physician” or other documentation as noted above, will result in the in the absence being noted as “undocumented sick” time and will be treated as such.
(e) Failure to provide a “Statement of Attending Physician” or documentation when required by this agreement may subject the employee to adverse administrative action.
(f) Effective January 1, 2006, when an accumulation of sick days taken within a calendar year reaches six (6) days or forty-eight (48) hours for non-major illnesses or injuries, then the employee's usage record and attending circumstances will be subject to review to validate appropriate usage. Usage that cannot be validated will be subject to discipline for each additional sick leave usage for a non-major illness or injury. The 6 day/48hour limit shall include all days or portions of days. A major illness or injury shall be the same as one qualifying for FMLA leave. FMLA-approved leaves are not included in the calculation of the 48 hours.
(g) Any absence from duty as the result of a claimed illness or injury may be investigated during the employee's normal working hours by an authorized Court representative.
(h) Any employee found guilty of abusing the sick pay benefits set forth herein or whose reasons for absence are falsified shall be subject to appropriate disciplinary action.
(i) Funeral leave usage of sick pay in accordance with Section 2134.45 <https://codelibrary.amlegal.com/codes/toledo/latest/toledo_oh/0-0-0-123721> shall not be used in the calculation of 40 and 48 hours used described above.
(j) Part-time employees shall be subject to this section on a pro-rata basis.
(k) Any employee found guilty of abusing sick pay benefits provisions hereto set forth or whose reasons for absence are falsified shall be subject to appropriate adverse administrative action.
SECTION: 45. That Toledo Municipal Code Section 2134.34 which states as follows:
2134.34. Sick Pay Extensions.
In the event the extended illness of an employee has exhausted all accumulated sick days, bonus days and vacation days, then a request may be made to the Court Administrator for the Court's Catastrophic Leave Program to the extent that the employee has approved unpaid FMLA available.
SECTION: 46. That a new Toledo Municipal Code Section 2134.34 is enacted as follows:
2134.34. Sick Pay Extensions.
In the event the extended illness of an employee has exhausted all accumulated paid leave, then a request may be made to the Human Resource Officer for the Court's Catastrophic Leave Program to the extent that the employee has approved unpaid FMLA available. If granted, the employee must continue to exhaust any subsequently accrued leave to maintain access to the Court's Catastrophic Leave Program.
SECTION: 47. That Toledo Municipal Code Section 2134.35 which states as follows:
2134.35. Injury Pay.
(a) Employees injured in the course of and arising out of their employment under such circumstances as would cause such injury or disability to be compensable under the Workers' Compensation Laws of the State of Ohio will be eligible to participate in the City's Injury Pay Program.
(i) Employees sustaining a work-related injury that requires medical attention at a medical facility (i.e., sprains, simple fractions, etc.) will be transported and tested by a program physician or medical facility. The program physician, along with rendering a diagnosis and prognosis, will determine if the employee is capable of returning to regular duties, whether a transitional work assignment is appropriate, and the necessary rehabilitation plan to be followed; the plan will include the duration of any transitional work assignment not to exceed thirty (30) calendar days and indicate any physical therapy the injured employee may require. The program physician(s) may require follow-up medical evaluations.
(ii) Employees sustaining a work-related emergency/trauma injury (i.e., life-threatening, severe bodily injury) may be treated at any medical facility to which emergency medical personnel transport them. The employee will subsequently be examined by the Program Physician. The designated Program Physician will determine if the employee is capable of returning to regular duties or if a transitional work assignment is appropriate, and the necessary rehabilitation plan to be followed; the plan will include the duration of any transitional work assignment not to exceed thirty (30) calendar days and indicate any physical therapy the injured employee may require. The program physician(s) may require follow-up medical evaluations.
(iii) An employee may, after the initial evaluation by the Program Physician, elect to continue treatment with their personal physician provided the Program Physician's recommendations are followed. The employee will sign any necessary waivers to allow their personal physicians to release information to the Program Physician. The employee's personal physician will be the physician of record for Workers' Compensation purposes.
(b) Upon the Program Physician's determination that an injury requires the employee to be off work, wherein the employee reports said injury within twenty-four (24) hours of the incident of illness or injury, paid leave shall be granted by the City's Department of Human Resources for up to sixty (60) calendar days.
Should such disability exceed sixty (60) calendar days, the Director of Human Resources for the City, on application therefor and proof of continued disability, may extend the period during which such person is carried on the regular payroll. The length of such extended period or periods shall not exceed two (2) years.
Injury pay extension requests, accompanied by a "Statement of Attending Physician" setting forth the nature of the illness or injury and the need for additional time, must be presented to the Director of Human Resources no later than one (1) week after expiration of the original sixty (60) day disability period. If the above requirements are not fulfilled, the requests for injury pay extension may not be considered.
(c) Workers' Compensation: at the expiration of the injury leave granted, if the employee is still unable to return to work, the employee may elect in writing to use accumulated sick and other accrued time. If the employee is still unable to return to work, payment of normal wages will be stopped and the Industrial Commission will be requested to begin weekly payment under the provisions of the Workers' Compensation Act.
(d) If the opinion of the employees' treating physician conflicts with that of the Program Physician and such opinion is presented to the City in seven (7) calendar days of the Program Physician's evaluation, and if the physicians cannot agree after consultation, the employee will be referred for a third opinion. The third opinion shall be determinative of the employee's injury pay status and shall not be subject to further appeal or review. If the third opinion is consistent with the Program Physician's plan and the employee fails to abide by the rehabilitation plan, or if the employee enters and later drops out of the plan, then the City can recoup injury pay advanced from the employee's sick time accumulation. If the employee does not have a sufficient sick time balance, the City shall recoup the injury pay by reducing future sick leave earnings by one-half until the injury pay is fully recouped.
(e) Employees who sustain injuries in the course of and arising out of their employment under such circumstances as would cause such injury or disability to be compensable under the Workers' Compensation laws of the State of Ohio who choose not to be evaluated by the Program Physician or who choose not to follow the physician's recommended program and go only to the physician of their choice are not entitled to any paid injury leave benefits. Notice of intent not to participate in the City's Injury Program must be given within three (3) work days of the injury. Any and all work related injury claims will be processed through and conform with the Workers' Compensation Act.
(f) False Claim: the City reserves the right to recoup benefit payments to any employee who is guilty of submitting a false claim, or abuse of the privileges covered in this section, or working for another employer while on injury leave, and may take disciplinary action.
(g) An employee working in a transitional work assignment will be compensated at their regular rate of pay. The employee will not be entitled to overtime, etc., since the employee is not fit to perform all of the duties of the classification. Transitional work assignments for Court employees will be identified by the Department of Human Resources in consultation with the Court Administrator. It is not the intent of this section to require the Court to provide transitional work where no such appropriate tasks have been identified and recognized. The Court shall supervise transitional work assignments.
SECTION: 48. That a new Toledo Municipal Code Section 2134.35 is enacted as follows:
2134.35. Injury Pay.
(a) Employees injured in the course of and arising out of their employment under such circumstances as would cause such injury or disability to be compensable under the Workers' Compensation Laws of the State of Ohio will be eligible to participate in the City's Injury Pay Program.
(i) Employees sustaining a work-related injury that requires medical attention at a medical facility (i.e., sprains, simple fractions, etc.) will be transported and tested by a program physician or medical facility. The program physician, along with rendering a diagnosis and prognosis, will determine if the employee is capable of returning to regular duties, whether a transitional work assignment is appropriate, and the necessary rehabilitation plan to be followed; the plan will include the duration of any transitional work assignment not to exceed thirty (30) calendar days and indicate any physical therapy the injured employee may require. The program physician(s) may require follow-up medical evaluations.
(ii) Employees sustaining a work-related emergency/trauma injury (i.e., life-threatening, severe bodily injury) may be treated at any medical facility to which emergency medical personnel transport them. The employee will subsequently be examined by the Program Physician. The designated Program Physician will determine if the employee is capable of returning to regular duties or if a transitional work assignment is appropriate, and the necessary rehabilitation plan to be followed; the plan will include the duration of any transitional work assignment not to exceed thirty (30) calendar days and indicate any physical therapy the injured employee may require. The program physician(s) may require follow-up medical evaluations.
(iii) An employee may, after the initial evaluation by the Program Physician, elect to continue treatment with their personal physician provided the Program Physician's recommendations are followed. The employee will sign any necessary waivers to allow their personal physicians to release information to the Program Physician. The employee's personal physician will be the physician of record for Workers' Compensation purposes.
(b) Upon the Program Physician's determination that an injury requires the employee to be off work, wherein the employee reports said injury within twenty-four (24) hours of the incident of illness or injury, paid leave shall be granted by the Human Resource Officer for up to sixty (60) calendar days.
Should such disability exceed sixty (60) calendar days, the Human Resource Officer, on application therefor and proof of continued disability, may extend the period during which such person is carried on the regular payroll. The length of such extended period or periods shall not exceed two (2) years.
Injury pay extension requests, accompanied by a "Statement of Attending Physician" setting forth the nature of the illness or injury and the need for additional time, must be presented to the Human Resource Officer no later than one (1) week after expiration of the original sixty (60) day disability period. If the above requirements are not fulfilled, the requests for injury pay extension may not be considered.
(c) Workers' Compensation: at the expiration of the injury leave granted, if the employee is still unable to return to work, the employee may elect in writing to use accumulated sick and other accrued time. If the employee is still unable to return to work, payment of normal wages will be stopped and the Industrial Commission will be requested to begin weekly payment under the provisions of the Workers' Compensation Act.
(d) If the opinion of the employees' treating physician conflicts with that of the Program Physician and such opinion is presented to the Court in seven (7) calendar days of the Program Physician's evaluation, and if the physicians cannot agree after consultation, the employee will be referred for a third opinion. The third opinion shall be determinative of the employee's injury pay status and shall not be subject to further appeal or review. If the third opinion is consistent with the Program Physician's plan and the employee fails to abide by the rehabilitation plan, or if the employee enters and later drops out of the plan, then the Court can recoup injury pay advanced from the employee's sick time accumulation. If the employee does not have a sufficient sick time balance, the Court shall recoup the injury pay by reducing future sick leave earnings by one-half until the injury pay is fully recouped.
(e) Employees who sustain injuries in the course of and arising out of their employment under such circumstances as would cause such injury or disability to be compensable under the Workers' Compensation laws of the State of Ohio who choose not to be evaluated by the Program Physician or who choose not to follow the physician's recommended program and go only to the physician of their choice are not entitled to any paid injury leave benefits. Notice of intent not to participate in the Court's Injury Program must be given within three (3) work days of the injury. Any and all work related injury claims will be processed through and conform with the Workers' Compensation Act.
(f) False Claim: the Court reserves the right to recoup benefit payments to any employee who is guilty of submitting a false claim, or abuse of the privileges covered in this section, or working for another employer while on injury leave, and may take disciplinary action.
(g) An employee working in a transitional work assignment will be compensated at their regular rate of pay. The employee will not be entitled to overtime, etc., since the employee is not fit to perform all of the duties of the classification. Transitional work assignments for Court employees will be identified by the Department of Human Resources in consultation with the Court Administrator. It is not the intent of this section to require the Court to provide transitional work where no such appropriate tasks have been identified and recognized. The Court shall supervise transitional work assignments.
SECTION: 49. That Toledo Municipal Code Section 2134.36 which states as follows:
2134.36. Bonus Days.
A full-time employee of the Court shall be given bonus vacation days in accordance with the Bonus Day Table set forth below if he or she earned sick pay benefits in the previous year.
|
BONUS DAYS--CANCELLATION TABLE |
|
Months Worked |
Sick Days Taken |
|
|
0 |
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
|
BONUS DAYS--CANCELLATION TABLE |
|
Months Worked |
Sick Days Taken |
|
|
0 |
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
|
12 |
5 |
5 |
5 |
4½ |
4 |
3½ |
3 |
2 |
1 |
½ |
0 |
|
11 |
4½ |
4½ |
4½ |
4 |
3½ |
3 |
2½ |
1½ |
½ |
0 |
|
|
10 |
4 |
4 |
4 |
3½ |
3 |
2½ |
2 |
1 |
0 |
|
|
|
9 |
3½ |
3½ |
3½ |
3 |
2½ |
2 |
1½ |
½ |
0 |
|
|
|
8 |
3 |
3 |
3 |
2½ |
2 |
1½ |
1 |
0 |
|
|
|
|
7 |
2½ |
2½ |
2½ |
2 |
1½ |
1 |
½ |
0 |
|
|
|
|
6 |
2 |
2 |
2 |
1½ |
1 |
½ |
0 |
|
|
|
|
|
5 |
1½ |
1½ |
1½ |
1 |
½ |
0 |
|
|
|
|
|
|
4 |
1 |
1 |
1 |
½ |
0 |
|
|
|
|
|
|
|
3 |
½ |
½ |
½ |
0 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Bonus vacation time must be used by those in the Executive Group in the year provided; such time may not be carried forward.
SECTION: 50. That a new Toledo Municipal Code Section 2134.36 is enacted as follows:
2134.36. Bonus Days.
A full-time employee of the Court shall be given bonus vacation -hours in accordance with the Bonus Day Table set forth below if they earned sick pay benefits in the previous quarter.
Quarter 1 - January 1 - March 31
Quarter 2 - April 1 - June 30
Quarter 3 - July 1 - September 30
Quarter 4 - October 1 - December 31
|
Sick Hours Used |
Bonus Hours Earned |
|
0 - 10 |
10 |
|
10.1 - 20 |
5 |
|
20.1 - Onward |
0 |
Part-time employees will be eligible to earn bonus vacation hours on a prorated basis. The ratio is based on part-time employee’s working hours compared to the full-time equivalent hours of 520 hours per quarter.
Maximum Bonus Vacation Leave Bank: Employees may accumulate bonus hours throughout the year. However, the bonus hours accrual bank may not exceed 40 hours at any given time, any bonus hours, in excess of 40 hours, will be forfeited.
New employees in pay grades 1-15 are not eligible to earn bonus days until they have reach 480 working hours. Once an employee has reached the 480 hours worked threshold, they will be eligible to earn bonus hours starting the following quarter. New employees in pay grades E1 - E4 will be eligible to earn bonus days starting the following quarter after their start date.
SECTION: 51. That Toledo Municipal Code Section 2134.37 which states as follows:
2134.37. Death Benefit.
(a) A death benefit as set forth in the schedule below shall be paid to the designated beneficiary of all full-time employees of the Court upon death, providing such death occurs after the employee has completed the probationary period. All full-time employees in Salary Groups 1 through 15, E1 through E4, and including full-time Magistrates shall be granted insurance coverage one and one half (1½) times their annual salary. Annual salary shall be calculated using the rate in place at the date of death. Sitting Judges, meaning all judges currently holding judicial office by reason of election or gubernatorial appointment, and the Clerk of Court shall be granted fifty thousand ($50,000.00) dollars insurance coverage.
(b) Each employee shall furnish the City with a designation of beneficiary. In the event the employee fails to designate a beneficiary, then the benefit shall be paid in accordance with the inheritance laws of the State of Ohio.
(c) Employees shall be permitted to convert this benefit at the time of their retirement from the City at their own expense.
(d) The Mayor shall be authorized to enter into in an agreement or agreements with a qualified insurance carrier or carriers to provide said death benefits herein set forth for Court officials and Court employees upon compliance with established City bidding procedures. The Director of Finance shall be authorized to issue his or her warrant or warrants in those amounts necessary to pay the cost of said death benefit insurance.
SECTION: 52. That a new Toledo Municipal Code Section 2134.37 is enacted as follows:
2134.37. Death Benefit.
(a) A death benefit as set forth in the schedule below shall be paid to the designated beneficiary of all full-time employees of the Court upon death, providing such death occurs after the employee has completed the probationary period. All full-time employees in Salary Groups 1 through 15, E1 through E4, and including full-time Magistrates shall be granted insurance coverage one and one half (1½) times their annual salary. Annual salary shall be calculated using the rate in place at the date of death. Sitting Judges, meaning all judges currently holding judicial office by reason of election or gubernatorial appointment, and the Clerk of Court shall be granted fifty thousand ($50,000.00) dollars insurance coverage.
(b) Each employee shall furnish the City with a designation of beneficiary. In the event the employee fails to designate a beneficiary, then the benefit shall be paid in accordance with the inheritance laws of the State of Ohio.
(c) Employees shall be permitted to convert this benefit at the time of their retirement from the City at their own expense.
(d) The Mayor shall be authorized to enter into in an agreement or agreements with a qualified insurance carrier or carriers to provide said death benefits herein set forth for Court officials and Court employees upon compliance with established City bidding procedures. The Director of Finance shall be authorized to issue their warrant or warrants in those amounts necessary to pay the cost of said death benefit insurance.
SECTION: 53. That Toledo Municipal Code Section 2134.38 which states as follows:
2134.38. Hospitalization; Prescriptive Drug; Dental Insurance.
(a) GENERAL PROVISIONS: The City shall continue to provide hospital, medical, surgical, major medical, outpatient diagnostic laboratory services, prescription drug, dental care and benefits under the terms and conditions set forth below.
(i) Coverage shall be provided to each employee, each employee's spouse and all unmarried dependent members of the employee's family to age twenty-three (23) or other age as determined by applicable state or federal law. Spouses who are both employed by the City must jointly elect only one coverage. A new election may occur after an open enrollment due to circumstances such as layoff or other separation of one of the spouses, death, or divorce. Where spouses who are both employed have dependents from prior marriages for whose hospitalization coverage they are responsible they shall be exempt from this joint election requirement.
Where the spouse of a City employee has health care coverage through a different employer, the spouse must enroll in his/her employer's plan. Dependents shall be covered as provided by the "Birthday Rule". Coordination of benefits shall be provided so that coverage is extended to the spouse and dependents that is not provided by the other employer's plan. In cases of demonstrated hardship due to excessive co-premiums (i.e. 40% co-premiums or premium payments equaling 30% or more of earnings) special consideration will occur.
(ii) Coverage for this purpose shall be furnished through the insurance carrier(s) selected exclusively by the City on a fair fee basis until such time as some other insurer may be selected or the City determines that it would be in its best interest to self insure these benefits.
(b) The following health care cost containment procedures shall be effective for all employees:
(i) Second surgical opinions, pre-admission notification or certification, emergency care limitations, post-admission concurrent review, outpatient surgery, continued treatment and technological review, medical case management, planned discharge, and other procedures as may be established under the medical review programs established by the City shall be followed. Failure to follow the procedures shall result in only eighty percent (80%) coverage for necessary care.
(ii) Full-time employees covered by another health care program due to marriage or other reasons may waive their City of Toledo coverage and receive twenty-five thousand dollars ($25,000.00) in additional life insurance coverage. This shall also be extended to those employees whose spouses are also employed by the City.
(iii) Coverage for nervous and mental treatment is limited as follows. Inpatient care shall be maintained at a maximum of thirty-one (31) days per calendar year. Outpatient coverage shall be expanded to a maximum of twenty-two (22) visits per year at fifty percent (50%) co-insurance.
(iv) Coverage for drug and alcoholism treatment is limited as follows. Inpatient care shall be maintained at a maximum of thirty-one (31) days per calendar year. Coverage is limited to a maximum of twenty-five thousand dollars ($25,000.00) lifetime benefits for all inpatient and outpatient care. Inpatient coverage shall be at one hundred percent (100%) for an individual's first admission, seventy-five percent (75%) for a second admission, and fifty percent (50%) for a third admission. No coverage shall be provided beyond three (3) admissions per lifetime or thirty-one (31) days per calendar year. Outpatient coverage shall be expanded to a maximum of two thousand five hundred dollars ($2,500.00) per calendar year at fifty percent (50%) co-insurance. Employees using drug and alcoholism treatment benefits must use the City Employee Assistance Program.
(v) The panel of providers, and/or Preferred Provider Organization (P.P.O.), selected by the City for managing and providing nervous and mental, drug and alcohol treatment must be utilized. The City will request proposals toward a managed care plan for this purpose with an effective date of June 1, 1999. The schedule of benefits in effect as of February 9, 1999 shall be maintained, without additional co-pays or deductibles.
(c) The following cost sharing plan and cost coverage restrictions shall be effective for all employees:
(i) There shall be a five hundred dollar ($500.00) annual per person maximum on chiropractic care and a one thousand three hundred dollar ($1,300.00) annual per person maximum on physical therapy, both subject to the major medical deductible ($100/individual and $200/family) and co-insurance (80%/20%).
(ii) Major medical benefits shall be paid to a lifetime maximum of one million dollars ($1,000,000.00) per person with a one hundred dollar ($100.00)/individual and two hundred dollar ($200.00)/family deductible and 80%/20% co-payment; provided that coverage for nervous and mental, drug and alcoholism treatment is limited per paragraph (b)(iii).
(iii) There shall be one hundred dollar ($100.00) co-pay for all emergency room visits, which shall be waived if the individual is admitted or if the visit is between the hours of 8:00 p.m. and 9:00 a.m., or on a Saturday after 12:00 noon, or on a Sunday.
(iv) As a condition of continued coverage under the terms of this section, covered employees shall, beginning the first full pay period in January, 2013, be responsible for premium payments in accordance with the following schedule: Single employees receiving coverage under this section shall pay a monthly premium of forty-eight dollars ($48) per month; a single employee with one (1) dependent (e.g. "single + 1" coverage) shall pay a monthly premium of eighty dollars ($80) per month; an employee with more than one dependent (e.g. family coverage) shall pay a monthly premium of ninety-two dollars ($92) per month. Any employee eligible to receive coverage may waive such coverage.
Effective the first full pay period in June, 2013 the monthly premiums will be increased as follows: Single employees receiving coverage under this section shall pay a monthly premium of seventy-one dollars ($71) per month; a single employee with one (1) dependent shall pay a monthly premium of one hundred twenty dollars ($120) per month; an employee with more than one dependent (e.g. family coverage) shall pay a monthly premium of one hundred twenty-nine dollars ($129) per month.
Effective the first full pay period in June, 2014 the monthly premiums will be increased as follows: Single employees receiving coverage under this section shall pay a monthly premium of ninety-four dollars ($94) per month; a single employee with one (1) dependent shall pay a monthly premium of one hundred sixty dollars ($160) per month; an employee with more than one dependent (e.g. family coverage) shall pay a monthly premium of one hundred sixty six dollars ($166) per month.
The co-premium payments will be made by payroll deduction on a pre-tax basis. Spouses who are both employed by the City of Toledo will only pay one co-premium payment based on the level of coverage selected. The "Birthday Rule" and the spousal exclusion language in subsection (a) of this section continue to apply to coverage options.
(d) Medical providers shall be restricted to those hospitals, physicians, and other care providers designated in the plan as developed by the City.
(e) Coverage for well baby care, pap tests, and office visits shall be offered to all employees enrolled under conventional coverage as follows:
(i) Well baby care limited to routine examinations and immunizations for an infant until the infant's 1st birthday;
(ii) Pap tests as well as office fee will be paid in full once every twelve (12) months;
(iii) Office visits for routine wellness services and treatment of illness or injury rendered in the physician's office, including physical examinations and family planning, shall be subject to a ten dollar ($10.00) co-payment, which shall be counted toward the individual's major medical deductible;
Fees that the physician charges for the services under paragraphs (i), (ii), and (iii) shall be paid on the same basis as other covered services (e.g. usual, customary, and reasonable). Payment for services under part (e)(i) and (iii) will be made for the first one hundred twenty-five dollars ($125.00) per single contract or three hundred dollars ($300.00) per family per calendar year collectively for well baby care (after the federally specified limits have been met) and for office visits. The ten dollar ($10.00) office visit co-pay shall not be counted toward the $125/300 limits. After deductibles are reached, payment shall then be under the major medical plan; provided, however, that the bill shall be reduced by the ten dollar ($10.00) office visit co-pay before the 80%/20% co-payment formula is applied.
(f) The City shall continue to provide a major dental program which provides the following:
Type A Services: Preventative 100%
Type B Services: Major and minor restorative 80%
Type C Services: Orthodontia 60%
Deductible for Type B Services: $50.00 per person per year; maximum payment of $1,000.00 per year.
Maximum lifetime benefit for Type C Services for any covered person $1,000.00; coverage limited to dependent children under age 19.
(g) The City shall provide a prescriptive drug purchase program with a deductible of twenty percent (20%) of the cost for each brand name prescription, up to a maximum deductible of eight dollars ($8.00), and a two dollar ($2.00) deductible for generic drug prescriptions. This program will include a generic drug substitution option. The City may select an alternative carrier at its option.
The City may implement managed care for the prescriptive drug program. This would allow for an evaluation of the interaction of an individual's different prescriptions on a voluntary basis. Recommendations could then be made to the individual and his/her physician for more effective drug therapy.
The coverages herein for dental and prescription drug shall be under either an individual or family contract as may be appropriate. The selection of the insurance carrier to provide the coverages herein is the exclusive right of the City.
(h) The City shall provide a vision care plan, which will contain a deductible plan. The City may select a carrier or become a self insurer as it deems necessary.
SECTION: 54. That a new Toledo Municipal Code Section 2134.38 is enacted as follows:
2134.38. Hospitalization; Prescriptive Drug; Dental Insurance.
(a) GENERAL PROVISIONS: The City shall continue to provide hospital, medical, surgical, major medical outpatient diagnostic laboratory services, prescription drug, dental care and benefits under the terms and conditions set forth below. Coverage will be in accord with any mandatory requirements of Federal law. In the event of any conflict between mandatory requirements of Federal law and the City's health benefits plan, the Federal law will prevail.
(i) Coverage shall be provided to each employee, each employee's spouse, and all dependent members of the employee's family to age twenty-six (26) or other age as determined by applicable state or federal law. Spouses who are both employed by the City must jointly elect only one coverage. A new election may occur at open enrollment, or due to circumstances such as a job status change, layoff or other separation of one of the spouses, death, or divorce.
Where the spouse of a City employee has health care coverage through a different employer, the spouse must enroll in their employer's plan. Coordination of benefits shall be provided so that coverage is extended to the spouse and dependents that is not provided by the other employer's plan. Special consideration will be given to cases of demonstrated hardship due to excessive premiums based on spousal income. An "excessive premium" is identified in the following circumstances: (a) A spouse whose gross base income is less than $30,000 who is required to pay 30% or more of their premium cost for "employee only" primary coverage; (b) A spouse whose gross base income is more than $30,001 but less than $50,000 must accept their employer's plan for "employee only" coverage. However, if the spouse is required to pay 40% or more of their premium cost for "family" coverage, the eligible dependents may be eligible to enroll in this Plan as primary and the spouse may be eligible for coverage under this Plan as secondary; (c) A spouse whose gross base income is more than $50,001 must accept their employer's plan coverage. The spouse and dependents may be eligible for secondary coverage through this Plan.
(ii) Coverage for this purpose shall be furnished through the insurance carrier(s) selected exclusively by the City on a fair fee basis until such time as some other insurer may be selected or the City determines that it would be in its best interest to self insure these benefits.
(iii) Full-time employees covered by another health care program due to marriage, or other reasons may waive their City of Toledo coverage and receive twenty-five thousand dollars ($25,000.00) in additional life insurance coverage. This shall also be extended to those employees whose spouses are also employed by the City.
(b) The following cost sharing plan and cost coverage restrictions shall be effective for all employees:
(i) There shall be a one thousand dollar ($1000.00) annual per person maximum on chiropractic care subject to the major medical deductible ($100/individual and $200/family) and co-insurance (80%/20%).
(ii) There shall be a two hundred dollar ($200.00) co-pay for all emergency room visits, which shall be waived if the individual is admitted. An employee who is not admitted but is referred to the emergency room by their primary care physician, or by an urgent care facility, or by a tele-medicine service, may appeal the payment of one-half (1/2) of the co-pay. Such appeal will be decided by the City's third-party administrator for health care, with any further appeal to be made to the Health Care Cost Containment Committee, whose decision shall be final.
(iii) There shall be a monthly co-premium paid by each employee for coverage under this section, depending on the type of coverage selected. Coverage selections are: single coverage (employee only); single +1 coverage (employee plus one (1) dependent); family coverage (employee plus two (2) or more dependents).
Employees will pay the following monthly co-premiums:
Single: $94
Single +1: $160
Family: $166
The co-premium payments will be made by payroll deduction on a pre-tax basis. Spouses who are both employed by the City of Toledo will only pay one co-premium based on the type of coverage selected. The "Birthday Rule" and the spousal exclusion language in Section 2101.32 <https://codelibrary.amlegal.com/codes/toledo/latest/toledo_oh/0-0-0-115694>(a) continue to apply to coverage options.
(iv) Upon any future increases in monthly co-premiums that apply, uniformly, to all City of Toledo bargaining units covered under the City of Toledo's health benefits plan, the monthly co-premiums for employees covered under this Chapter shall increase to reflect the same monthly co-premiums. Such increase shall have the same effective date as that agreed to by the bargaining units.
(v) Office visits rendered in the physician's office shall be subject to a ten dollar ($10.00) co-payment, which shall be counted toward the individual's major medical deductible;
(c) The City shall continue to provide a major dental program which provides the following:
Type A Services: Preventative 100%
Type B Services: Major and minor restorative 80%
Type C Services: Orthodontia 60%
Deductible for Type B Services: fifty dollars ($50.00) per person per year; maximum payment of one thousand three hundred dollars ($1,300.00) per year.
Maximum lifetime benefit for Type C Services for any covered person: one thousand three hundred dollars ($1,300.00); coverage limited to dependent children under age 19.
(d) The City shall provide a prescription drug program with a zero dollar ($0) employee co-pay for generic drug prescriptions (Tier 1), a fifteen dollar ($15.00) employee co-pay for preferred brand prescriptions (Tier 2), and a thirty dollar ($30.00) employee co-pay for non-preferred brand prescriptions (Tier 3). This program shall include a generic drug mandate. The City may select an alternative pharmacy benefit manager at its option.
(e) The selection of the insurance carrier to provide all coverages herein is the exclusive right of the City.
(f) The City shall provide a vision care plan, which will contain a deductible plan. The City may select a carrier or become a self insurer as it deems necessary.
SECTION: 55. That Toledo Municipal Code Section 2134.39 which states as follows:
2134.39. Public Employees Retirement System of Ohio.
(a) The City shall continue to participate in the Public Employees Retirement System of Ohio as provided in the Ohio Revised Code.
(b) As long as the City participates in a pension "pick-up" plan in accordance with Internal Revenue Service regulations and Ohio Attorney General opinions, as permitted by law State and Federal Income Taxes on employee pension contributions by the Judges, Clerk of Court, and all Court employees may be deferred.
(c) Effective with the first full pay period of January 2013, the City will pay five percent (5.0%) of the employee's pension contribution and the employee shall be responsible for the remaining percentage (employee contribution increased from 1.5% to 5.0%). In the first full pay period of January, 2013, those employees receiving a reduction in pension pickup will receive a separate one-time lump sum payment in the amount of six hundred and twenty-six dollars ($626). In the first full pay period of July, 2013, those employees receiving a reduction in pension pickup will receive a separate one-time lump sum payment in the amount of six hundred and twenty-four dollars ($624). Those employees unaffected by the pension pickup reduction are not eligible to receive the lump sum payments. Those permanent employees who are less than full-time employees who are affected by the pension pick-up reduction specified in paragraphs (c) through (e) will receive lump sum payments calculated on a pro-rata basis that is based upon actual hours worked during the previous calendar year.
(d) Effective with the first full pay period of March 2013, the City will pay two percent (2.0%) of the employee's pension contribution and the employee shall be responsible for the remaining percentage (employee contribution increased from 5.0% to 8.0%).
(e) Effective with the first full pay period of March 2014, the City will pay zero percent (0%) of the employee's pension contribution and the employee shall be responsible for the remaining percentage (employee contribution increased from 8.0% to 10%).
(f) In the event that the employee share of the pension payment increases due to a change in law or regulation, the employee shall be responsible for paying the entire amount of the increased employee contribution.
(g) Employees who were hired or reinstated after January 1, 2012, shall be required to pay the entire employee share of their pension and, furthermore, shall not receive any lump sum payments contained in this section.
(h) Except for the one-time lump sum payments to those affected employees whose PERS pick-up is being reduced, employees who are eligible to have the City pick up a percentage of their employee share of pension are prohibited from receiving the payment specified in paragraphs (c) through (e) directly. The payments will be to each employee's individual P.E.R.S. account.
(i) Effective the first full pay period of March 2014, and pursuant to paragraph (e), the city's pension pick-up referred to in this article will terminate, and the City will no longer implement or participate in any pension pick-up plan.
SECTION: 56. That a new Toledo Municipal Code Section 2134.39 is enacted as follows:
2134.39. Public Employees Retirement System of Ohio.
(a) The Court shall continue to participate in the Public Employees Retirement System of Ohio as provided in the Ohio Revised Code.
(b) In the event that the employee's share of the pension payment increases due to a change in law or regulation, the employee shall be responsible for paying the entire amount of the increased employee contribution.
(c) The Court shall not pay any percentage of any employee's pension contribution in lieu of the employee paying same unless specifically required by law.
SECTION:: 57. That Toledo Municipal Code Section 2134.41 which states as follows:
2134.41. Deferred Compensation.
The City shall continue to make available to an employee of the Toledo Municipal Court Judges' Division, after the employee has completed the probationary period, an opportunity to participate through payroll deduction in a Deferred Compensation Plan (Section 401-K or Section 457 Plan) developed and administered by a provider designated by the City.
SECTION:: 58. That a new Toledo Municipal Code Section 2134.41 is enacted as follows:
2134.41. Deferred Compensation.
The City shall continue to make available to an employee of the Toledo Municipal Court Judges' Division, an opportunity to participate through payroll deduction in a Deferred Compensation Plan (Section 401-K or Section 457 Plan) developed and administered by a provider designated by the City.
SECTION:: 59. That Toledo Municipal Code Section 2134.42 which states as follows:
2134.42. Annual Physical Examination - Executive Group.
Reimbursement of up to two hundred fifty dollars ($250.00) per year shall be made for the costs of an annual physical examination that are not covered by the employee's health care plan. To be reimbursed, charges must be from a physician or hospital as part of a routine physical. Documentation confirming the expenses as out of pocket shall be required.
SECTION:: 60. That a new Toledo Municipal Code Section 2134.421 is enacted as follows:
2134.42. Reserved
SECTION:: 61. That Toledo Municipal Code Section 2134.43 which states as follows:
2134.43. Vacations.
(a) All regular employees of the Court shall be entitled to annual vacation with pay in accordance with the following table for use in calendar year 2013:
|
Amount of Service During Previous Year Through December 31 |
Vacation |
|
Less than 1 full calendar year |
.916 days for each full month |
|
After 1 full calendar year |
2 weeks |
|
After 7 full calendar years |
3 weeks |
|
After 14 full calendar years |
4 weeks |
|
After 21 full calendar years |
5 weeks |
|
After 25 full calendar years |
6 weeks |
(b) All regular employees of the Court shall be entitled to annual vacation with pay in accordance with the following table for use beginning in calendar year 2015:
|
Amount of Service During Previous Year Through December 31Vacation |
|
|
Less than 1 full calendar year |
.916 days for each full month |
|
After 1 full calendar year |
80 hours |
|
After 5 full calendar years |
120 hours |
|
After 10 full calendar years |
160 hours |
|
After 17 full calendar years |
200 hours |
(c) In addition to the above, after one full calendar year of service, the employee shall be entitled to one full additional discretionary vacation day.
(d) Starting with the first pay period in January 2013, employees shall earn vacation each pay period and have it credited to their Leave Bank on the last day of that pay period. Vacation with pay is earned based on the number of years of service as follows:
|
Amount of Service During Previous Year thru Dec. 31 |
Hours Accrued per Pay Period |
Max. Hours Accrued Per Year |
|
Less than 7 full calendar years |
3.50 |
91.00 |
|
After 7 full calendar years |
5.00 |
130.00 |
|
After 14 full calendar years |
6.50 |
169.00 |
|
After 21 full calendar years |
8.00 |
208.00 |
|
After 25 full calendar years |
9.50 |
247.00 |
(e) Starting with the first pay period in January 2015, employees shall earn vacation each pay period and have it credited to their Leave Bank on the last day of that pay period. Vacation with pay is earned based on the number of years of service as follows:
|
Amount of Service During Previous Year thru Dec. 31Hours Accrued per Pay PeriodMax. Hours Accrued Per Year |
|
|
|
Less than 5 full calendar years |
3.50 |
91.00 |
|
After 5 full calendar years |
5.00 |
130.00 |
|
After 10 full calendar years |
6.50 |
169.00 |
|
After 17 full calendar years |
8.00 |
208.00 |
(f) Part-time regular employees shall earn vacation proportionately. Full-time employees scheduled less than 80 hours per pay period shall earn vacation proportionately for all hours paid and all pre-approved furlough.
(g) Maximum Vacation Leave Bank: Employees may accumulate vacation leave throughout the year. However, vacation accruals in excess of the following that are not used by December 31 of each year shall convert to sick leave:
|
Amount of Service During As of Dec. 31 |
Max. Hours Accrual As of Dec. 31 |
|
Less than 7 full calendar years |
91.00 |
|
After 7 full calendar years |
130.00 |
|
After 14 full calendar years |
169.00 |
|
After 21 full calendar years |
208.00 |
|
After 25 full calendar years |
247.00 |
(h) Maximum Vacation Leave Bank: Employees may accumulate vacation leave throughout the year. However, effective January 1, 2015, vacation accruals in excess of the following that are not used by December 31 of each year shall convert to sick leave:
|
Amount of Service During As of Dec. 31 |
Max. Hours Accrual As of Dec. 31 |
|
Less than 5 full calendar years |
91.00 |
|
After 5 full calendar years |
130.00 |
|
After 10 full calendar years |
169.00 |
|
After 17 full calendar years |
208.00 |
(i) An employee, other than an elective officer, is entitled to have his or her prior service with the State of Ohio or any political subdivision of the State counted as service with the State or any political subdivision of the State, for the purpose of computing the amount of his or her vacation leave. However, the Court will not recognize unused vacation time from other jurisdictions.
(j) Employees shall be allowed to schedule and take vacations as provided herein and in accordance with existing departmental procedures.
(k) Employees who are not permitted vacation due to the operational necessities of the Court may be allowed to be paid cash in lieu of receiving vacation, if such a request is made prior to the end of the calendar in which the vacation should have been taken.
SECTION:: 62. That a new Toledo Municipal Code Section 2134.43 is enacted as follows:
2134.43. Vacations.
(a) Starting with the first pay period, employees shall earn vacation each pay period and have it credited to their Leave Bank the day after the close of each pay period. Advancement into the next bracket will take place during the pay period of the employee’s anniversary date. Vacation with pay is earned based on the number of years of service as follows:
|
Amount of Service |
Hours Accrued per Pay Period |
Max. Hours Accrued Per Year |
|
Less than 5 full years |
3.50 |
91.00 |
|
After 5 full years |
5.00 |
130.00 |
|
After 10 full years |
6.50 |
169.00 |
|
After 17 full years |
8.00 |
208.00 |
(b) Part-time regular employees shall earn vacation proportionately. Full-time employees scheduled less than 80 hours per pay period shall earn vacation proportionately for all hours paid and all pre-approved furlough.
(c) Maximum Vacation Leave Bank: Vacation accruals in excess of the following that are not used by December 31 of each year shall convert to sick leave:
|
Amount of Service |
Max. Hours Accrual As of Dec. 31 |
|
Less than 5 full years |
91.00 |
|
After 5 full years |
130.00 |
|
After 10 full years |
169.00 |
|
After 17 full years |
208.00 |
(d) An employee, other than an elected officer, is entitled to have their prior service with the State of Ohio or any political subdivision of the State counted as service with the State or any political subdivision of the State, for the purpose of computing the amount of their vacation leave. Service credits will not be awarded from employment with other State Agencies outside Ohio. Employees must provide valid documentation to the Human Resource Officer in order to receive credit for prior service.
Uniformed service may also be creditable for the purpose of computing the amount of employee’s vacation leave.
1. To be creditable for leave accrual purposes, uniformed service must have:
A. Ended honorably. That includes:
i. An honorable discharge or a discharge under honorable conditions (general) or
ii. Transfer to the inactive reserves under honorable conditions, and
B. Been active duty in a uniformed service.
2. The uniformed services consist of:
A. The Armed Forces (Army, Navy, Air Force, Marine Corps, Coast Guard, Space Force), or
B. The commissioned officer corps of the Public Health Service and the National Oceanic and Atmospheric Administration.
3. Active duty is full time duty in the uniformed services.
A. Reserves status only includes active duty for training. However, weekly or monthly assemblies or drills will not be counted.
B. National Guard duty must be active duty in the service of the United States under title 10, United States Code, or under a call by the President, Governor, or Secretary of Defense.
Time spent concurrently amongst stated agencies shall not count double. The Court will not recognize unused vacation time from other jurisdictions or uniformed service. The accrual rate for any employee who is currently receiving a higher rate of vacation accrual will not be retroactively adjusted. All previously accrued vacation will remain to the employee’s credit. Part-time hours will be awarded on a pro rata basis.
(e) Employees shall be allowed to schedule and take vacations as provided herein and in accordance with existing departmental procedures.
(f) Employees who are not permitted vacation due to the operational necessities of the Court may be allowed to be paid cash in lieu of receiving vacation, if such a request is made prior to the end of the calendar in which the vacation should have been taken.
(g) New employees in pay grades 1-15 are not eligible to use earned vacation accruals until they have reached 480 working hours. New employees in pay grades E1 - E5 do not have a waiting period and are eligible to use the vacation accruals as earned.
(h) If an employee terminates their employment with the court, but later rejoins in the same position, the employee will resume their accrual rate from the time of the initial separation.
SECTION:: 63. That Toledo Municipal Code Section 2134.44 which states as follows:
2134.44. Paid Holidays.
(a) All full time Court employees who have completed their probationary period shall be entitled to fifteen (15) paid holidays set forth below. To be entitled to receive pay for the holidays, the employee shall have worked the employee's "regular schedule" or were fully compensated the day before and the day after the holiday, or were on an approved furlough. Paid holidays for job share employees shall be paid in accordance with the Court Administrator approved job share agreement.
The paid holidays shall be:
New Year's Day; Martin Luther King Day (third Monday in January); Presidents Day (third Monday in February); Good Friday; Memorial Day (last Monday in May); Fourth of July; Labor Day; Columbus Day (second Monday in October); Veterans Day (November 11); Thanksgiving Day; Friday after Thanksgiving; Christmas Eve (last regular work day before Christmas Day); Christmas Day.
(b) In addition to the above-listed holidays, the employee shall be entitled to two (2) discretionary holidays to be selected by the employee and scheduled with adequate notification to the appropriate supervisor. The employee shall schedule these holidays in such a way as not to impair the operations of the Toledo Municipal Court Judges' Division, but the holidays shall be scheduled and the employee shall be permitted to take the holidays at some time during the calendar year.
(c) For all employees observing the regular Monday through Friday work schedule, in the event any of the above holidays falls on Saturday, the Court shall celebrate the holiday on Friday, and in the event the holiday falls on Sunday, the Court shall celebrate the holiday on Monday.
SECTION:: 64. That a new Toledo Municipal Code Section 2134.44 is enacted as follows:
2134.44. Paid Holidays.
(a) All full time Court employees who have completed their probationary period shall be entitled to sixteen (16) paid holidays set forth below. To be entitled to receive pay for the holidays, the employee shall have worked the employee's "regular schedule" or were fully compensated the day before and the day after the holiday, or were on an approved furlough. Paid holidays for job share employees shall be paid in accordance with the Court Administrator approved job share agreement.
The paid holidays shall be:
New Year's Day; Martin Luther King Day (third Monday in January); Presidents Day (third Monday in February); Good Friday; Memorial Day (last Monday in May); Juneteenth, Fourth of July; Labor Day; Columbus Day (second Monday in October); Veterans Day (November 11); Thanksgiving Day; Friday after Thanksgiving; Christmas Eve (last regular work day before Christmas Day); Christmas Day.
(b) In addition to the above-listed holidays, the employee shall be entitled to two (2) discretionary holidays to be selected by the employee and scheduled with adequate notification to the appropriate supervisor. The employee shall schedule these holidays in such a way as not to impair the operations of the Toledo Municipal Court Judges' Division, but the holidays shall be scheduled and the employee shall be permitted to take the holidays at some time during the calendar year.
(c) For all employees observing the regular Monday through Friday work schedule, in the event any of the above holidays falls on Saturday, the Court shall celebrate the holiday on Friday, and in the event the holiday falls on Sunday, the Court shall celebrate the holiday on Monday.
SECTION:: 65. That Toledo Municipal Code Section 2134.45 which states as follows:
2134.45. Funeral pay.
(a) An employee shall be granted three (3) days funeral pay to arrange for and/or attend the funeral or memorial service of a member of the employee's immediate family. For the purpose of this section an employee's immediate family shall include father, mother, brother, sister, spouse, child, mother-in-law, father-in-law, daughter-in-law, son-in-law, stepmother, stepfather, grandmother, grandfather, grandchild and any other relative residing in the household of the employee. An employee may reserve one of the three days to attend to legal matters made necessary by the death. The day reserved to attend to legal matters shall be taken within thirty (30) days after the date of burial.
(b) In the event of the death of the employee's father, mother, brother, sister, spouse or child, the employee upon giving notice, shall have the right to take up to an additional three (3) days sick pay. Such additional time shall be charged to the employee's accumulated sick days, but shall not be deducted from the bonus day schedule. In the event the third day of such period of mourning falls on Saturday, Sunday or a recognized holiday, then the employee shall be allowed the first scheduled work day thereafter. Should a death or burial in the immediate family occur in a city located more than 150 miles from Toledo, an additional two (2) days for travel shall be granted and paid. This benefit shall also be extended when the relative is a veteran being returned for burial.
(c) One (1) day of funeral pay shall be granted to attend the funeral of the employee's foster mother, foster father, aunt, uncle, first cousin, niece, nephew, sister-in-law, and brother-in-law, if such funeral occurs on a regular work day if such employee was scheduled to work that day.
(d) Where a special filial relationship exists between the employee and any relative for whom the employee would normally be granted the above one (1) day of funeral pay, three (3) days funeral pay may be granted upon the furnishing of an affidavit setting forth the facts as to the special relationship for approval by the Court Administrator. A filial relationship is defined as being one in which the employee bears or assumes a relationship with another individual similar to that of a child, offspring, or parent.
(e) Relationships within this policy which came into existence solely on account of marriage of an employee shall be considered dissolved on the same day said marriage is dissolved by law or death.
(f) The relationships of aunt, uncle, first cousin, niece or nephew shall not be considered to come into existence on account of the marriage of an employee. The wife or husband of an employee's spouse's sibling shall not be considered to be a sister-in-law or brother-in-law of the employee.
(g) An employee shall be granted funeral pay only after the employee furnishes evidence of the death of the person with whom the employee had a qualifying relationship.
(h) A part-time employee shall be granted funeral leave as outlined above if the funeral or memorial service is scheduled to occur on a regular work day if such a part-time employee is scheduled to work that day. A part-time employee shall be granted a pro-rata share of the one (1) day to attend to legal matters as outlined in (a) above. A part-time employee shall be granted a pro-rata share of the time outlined in (b) above.
SECTION:: 66. That a new Toledo Municipal Code Section 2134.45 is enacted as follows:
2134.45. Bereavement Leave.
(a) An employee shall be granted three (3) days bereavement leave for the loss of a member of the employee's immediate family. For the purpose of this section, an employee's immediate family shall include father, mother, foster mother, foster father, brother, sister, spouse/partner, child, foster child, stepchild, mother-in-law, father-in-law, daughter-in-law, son-in-law, stepmother, stepfather, grandmother, grandfather, grandchild and any other relative residing in the household of the employee. An employee may reserve one of the three days to attend to legal matters made necessary by the death. The day reserved to attend to legal matters shall be taken within thirty (30) days after the date of burial.
(b) In the event of the death of the employee's father, mother, brother, sister, spouse, or child, the employee upon giving notice, shall have the right to take up to an additional three (3) days of sick leave. Such additional time shall be charged to the employee's accumulated sick days, but shall not be deducted from the bonus day schedule. Should a death, memorial, celebration of life, or burial in the immediate family occur in a city located more than 150 miles from Toledo, an additional two (2) days for travel shall be granted. Such additional time shall be charged to the employee's accumulated sick days, but shall not be deducted from the bonus day schedule. This benefit shall also be extended when the relative is a veteran being returned for burial.
(c) One (1) day of bereavement leave shall be granted for the loss of the employee's aunt, uncle, first cousin, niece, nephew, sister-in-law, brother-in-law, grandmother-in-law, or grandfather-in-law.
(d) Employees may be granted up to two (2) days of discretionary bereavement sick per calendar year in the event of the passing of a loved one that is not listed in the above sections. Such time shall be charged to the employee's accumulated sick days, but shall not be deducted from the bonus day schedule. New employees hired with an effective date after July 1 during each calendar year, will only be eligible for one (1) day of discretionary bereavement sick for the remainder of the calendar year.
(e) Where a special filial relationship exists between the employee and any relative for whom the employee would normally be granted the above one (1) day of bereavement leave, three (3) days of bereavement leave may be granted upon the furnishing of an affidavit setting forth the facts as to the special relationship for approval by the Court Administrator. A filial relationship is defined as being one in which the employee bears or assumes a relationship with another individual similar to that of a child, offspring, or parent.
(f) Relationships within this policy that came into existence solely on account of marriage of an employee shall be considered dissolved on the same day said marriage is dissolved by law or death.
(g) The relationships of aunt, uncle, first cousin, niece or nephew shall not be considered to come into existence on account of the marriage of an employee. The wife or husband of an employee's spouse's sibling shall not be considered to be a sister-in-law or brother-in-law of the employee.
(h) An employee shall be granted bereavement leave only after the employee furnishes evidence of the death of the person with whom the employee had a qualifying relationship.
(i) A part-time employee shall be granted bereavement leave as outlined above. A part-time employee shall be granted a pro-rata share of one (1) day to attend to legal matters as outlined in (a) above. A part-time employee shall be granted a pro-rata share of the time outlined in (b) and (d) above.
(j) In the event of the death of an employee, bereavement leave will be reviewed on a case-by-case basis.
(k) All bereavement requests as it pertains to this policy must be submitted to the Human Resource Officer by completing the Bereavement Request Form. All documentation must be received by the Human Resources Department within 48 hours of returning to work. Failure to provide a Bereavement Request form within the above-mentioned time frame will result in the paid bereavement leave being denied and will be entered as an unapproved leave of absence. Adverse administrative action for the unapproved leave of absence will be actioned according to Toledo Municipal Code Chapter 2134.
(l) The benefits provided by this section shall be available to all employee immediately upon hire, including those employees under the new hire probationary period. However, any benefit used under this section will proportionally extend the employees probationary period, if applicable.
SECTION:: 67. That Toledo Municipal Code Section 2134.46 which states as follows:
2134.46. Jury Duty.
(a) Any regular employee of the Court who is required to serve on the jury in any court of record shall be paid his or her regular rate of pay during such period if such service occurs on the employee's regularly scheduled workday.
(b) In order for an employee to receive pay under this section, the employee must secure a certificate from the Clerk of Courts in which he or she served evidencing the fact of his or her having been required to serve. Compensation for jury duty shall be turned in to the Administrative Business Officer for deposit in the General Fund.
(c) An employee serving on jury duty who is released from duty before 4:30 p.m. is expected to report to work as scheduled for the remainder of the business day.
(d) Employees who are subpoenaed or are otherwise required to serve as a witness under any of the circumstances specified below before any and all State of Ohio and/or Federal Administrative tribunal(s) or Court(s) of Law, "shall suffer no loss in time or pay". Hours served herein shall be computed as though the employee was at work.
(e) This provision will only apply as to witnesses when: the employee is appearing in their official capacity on behalf of the Court, or the employee is testifying to matters directly related to his job responsibilities, or the employee is appearing in a matter of civic duty with the prior approval of the Court Administrator. Matters wherein an employee is a party or related to a party will not be considered a civic duty.
SECTION:: 68. That a new Toledo Municipal Code Section 2134.46 is enacted as follows:
2134.46. Jury Duty.
(a) Any regular employee of the Court who is required to serve on the jury in any court of record shall be paid their regular rate of pay during such period if such service occurs on the employee's regularly scheduled workday.
(b) In order for an employee to receive pay under this section, the employee must secure a certificate from the Clerk of Courts in which they served evidencing the fact of their having been required to serve. Compensation for jury duty shall be turned in to the Finance Officer for deposit in the General Fund.
(c) An employee serving on jury duty who is released from duty before half of their regularly scheduled work day is completed is expected to report to work as scheduled for the remainder of the business day.
(d) Employees who are subpoenaed or are otherwise required to serve as a witness under any of the circumstances specified below before any and all State of Ohio and/or Federal Administrative tribunal(s) or Court(s) of Law, "shall suffer no loss in time or pay". Hours served herein shall be computed as though the employee was at work.
(e) This provision will only apply as to witnesses when: the employee is appearing in their official capacity on behalf of the Court, or the employee is testifying to matters directly related to their job responsibilities, or the employee is appearing in a matter of civic duty with the prior approval of the Court Administrator. Matters wherein an employee is a party or related to a party will not be considered a civic duty.
SECTION:: 69. That Toledo Municipal Code Section 2134.47 which states as follows:
2134.47. Reserved.
SECTION:: 70. That a new Toledo Municipal Code Section 2134.47 is enacted as follows:
2134.47. Working Above Classification.
When an employee is temporarily required to work above their classification or pay rate, they shall receive the higher rate of pay while performing the duties of the higher classification unless assigned for strictly training purposes while the regularly assigned employee is also working in that classification.
SECTION:: 71. That Toledo Municipal Code Section 2134.49 which states as follows:
2134.49. Base Annual Salaries.
(a) Employees who receive longevity pay as of September 1, 2012, shall continue to receive longevity pay based on their present longevity base rate. Employees presently receiving longevity pay who are promoted will receive the longevity base rate for their new salary group. The salary schedule for groups one (1) through fifteen (15) are as follows:
|
SALARY GROUP |
FULL RATE |
|
1 |
28,637.44 |
|
2 |
30,274.40 |
|
3 |
32,179.68 |
|
4 |
34,220.16 |
|
5 |
36,531.04 |
|
6 |
39,384.80 |
|
7 |
42,513.12 |
|
8 |
46,194.72 |
|
9 |
50,660.48 |
|
10 |
53,310.40 |
|
11 |
56,313.92 |
|
12 |
59,768.80 |
|
13 |
63,731.20 |
|
14 |
68,278.08 |
|
15 |
80,976.48 |
|
|
|
(b) Employees who receive longevity pay as of September 1, 2012, shall continue to receive longevity pay based on their present longevity base rate. Employees presently receiving longevity pay who are promoted will receive the longevity base rate for their new salary group. The salary schedule for groups one (1) through fifteen (15) that was effective in September of 2012 shall be modified to reflect a two percent (2%) increase, effective the first full pay period in June of 2013:
|
SALARY GROUP |
FULL RATE |
|
1 |
29,209.44 |
|
2 |
30,879.68 |
|
3 |
32,822.40 |
|
4 |
34,904.48 |
|
5 |
37,261.12 |
|
6 |
40,173.12 |
|
7 |
43,363.84 |
|
8 |
47,118.24 |
|
9 |
51,673.44 |
|
10 |
54,377.44 |
|
11 |
57,439.20 |
|
12 |
60,964.80 |
|
13 |
65,006.24 |
|
14 |
69,644.64 |
|
15 |
82,596.80 |
|
|
|
(c) Employees who receive longevity pay as of September 1, 2012, shall continue to receive longevity pay based on their present longevity base rate. Employees presently receiving longevity pay who are promoted will receive the longevity base rate for their new salary group. The salary schedule for groups one (1) through fifteen (15) that became effective in June of 2013 shall be modified to effectuate a two percent (2%) increase effective the first full pay period in June of 2014:
|
SALARY GROUP |
FULL RATE |
|
1 |
29,793.92 |
|
2 |
31,497.44 |
|
3 |
33,479.68 |
|
4 |
35,603.36 |
|
5 |
38,007.84 |
|
6 |
40,976.00 |
|
7 |
44,231.20 |
|
8 |
48,060.48 |
|
9 |
52,707.20 |
|
10 |
55,465.28 |
|
11 |
58,589.44 |
|
12 |
62,183.68 |
|
13 |
66,306.24 |
|
14 |
71,038.24 |
|
15 |
84,248.32 |
|
|
|
(d) Newly hired employees who are not placed from within Court employment will be paid at the starting rate which is ten percent (10%) below the full rate of the salary group shown in this section for the duration of the one-year probationary period in accordance with Section 2134.11 <https://codelibrary.amlegal.com/codes/toledo/latest/toledo_oh/0-0-0-123525>(a). At the Court's sole discretion, an employee may be paid the full rate of their salary group.
(e) Employees who are off payroll more than twenty (20) work days during their first year of service shall have their starting rate year of service extended by their number of uncompensated work days.
(f) At any time that the full rates or longevity rates , established for groups one (1) through fifteen (15) become less than one full percent (1.0%) above the total of corresponding compensation in Chapter 2105 <https://codelibrary.amlegal.com/codes/toledo/latest/toledo_oh/0-0-0-128836> of the Code, then those rates or payments shall be increased or corresponding payments initiated so that the total of corresponding compensation for groups one (1) through fifteen (15) is one percent (1.0%) over the total corresponding Chapter 2105 <https://codelibrary.amlegal.com/codes/toledo/latest/toledo_oh/0-0-0-128836> compensation.
(g) Employees who are "red circled" at a rate above the authorized rate for their classification shall receive no increases in their red-circled rates, but shall be given a lump sum payment computed by multiplying the percentage increase in "Hay Rates" that year by their base annual red-circle rate. Annual lump sum payments shall continue until the increases in the authorized ("Hay") rates provided in the foregoing paragraphs of this section causes those rates to equal or exceed the employees' red-circle rates. These lump sum payments, which shall not be added to the base rates, shall be payable the first full pay period of January of each year to those red-circled employees then on the payroll. In the year in which the Hay Rate equals or exceeds the red-circled rate for employees, the employees shall receive a lump sum computed by adding the percentage increase in the Hay Rate that year to their red-circle rate and subtracting their new Hay Rate. They shall then be paid at their new Hay Rate.
(h) Whenever it becomes necessary to determine the hourly or daily rate of pay for an employee whose rate is stated herein as an annual salary, the determination shall be made by dividing the annual salary by two thousand eighty (2,080) to determine the hourly rate, or by two hundred sixty (260) to determine the daily rate of compensation for the employee.
SECTION:: 72. That a new Toledo Municipal Code Section 2134.49 is enacted as follows:
2134.49. Base Annual Salaries.
(a) The salary schedule for groups one (1) through fifteen (15) are as follows:
|
Salary Group |
Full Rate Hourly |
|
1 |
17.789 |
|
2 |
18.805 |
|
3 |
19.992 |
|
4 |
21.254 |
|
5 |
22.694 |
|
6 |
24.465 |
|
7 |
26.429 |
|
8 |
28.692 |
|
9 |
31.472 |
|
10 |
33.117 |
|
11 |
34.981 |
|
12 |
37.126 |
|
13 |
39.589 |
|
14 |
42.416 |
|
15 |
50.301 |
|
|
|
(b) Newly hired employees who are not placed from within Court employment will be paid at the starting rate which is ten percent (10%) below the full rate of the salary group shown in this section for the duration of the one-year probationary period in accordance with Section 2134.11 <https://codelibrary.amlegal.com/codes/toledo/latest/toledo_oh/0-0-0-123525>(a). At the Court's sole discretion, an employee may be paid the full rate of their salary group.
(c) Employees who are off payroll more than twenty (20) work days during their first year of service shall have their starting rate year of service extended by their number of uncompensated work days.
(d) At any time that the full rates or longevity rates , established for groups one (1) through fifteen (15) become less than one full percent (1.0%) above the total of corresponding compensation in Chapter 2105 <https://codelibrary.amlegal.com/codes/toledo/latest/toledo_oh/0-0-0-128836> of the Code, then those rates or payments shall be increased or corresponding payments initiated so that the total of corresponding compensation for groups one (1) through fifteen (15) is one percent (1.0%) over the total corresponding Chapter 2105 <https://codelibrary.amlegal.com/codes/toledo/latest/toledo_oh/0-0-0-128836> compensation.
(e) Employees who are "red circled" at a rate above the authorized rate for their classification shall receive no increases in their red-circled rates.
(f) Whenever it becomes necessary to determine the hourly or daily rate of pay for an employee whose rate is stated herein as an annual salary, the determination shall be made by dividing the annual salary by two thousand eighty (2,080) to determine the hourly rate, or by two hundred sixty (260) to determine the daily rate of compensation for the employee.
SECTION:: 73. That Toledo Municipal Code Section 2134.50 which states as follows:
2134.50. Base Annual Salaries - Executive Group.
(a) The base annual salaries for groups E-1 through E-4 shall become effective January 1, 2013:
|
Salary Group |
Minimum |
1st Quartile |
Midpoint |
3rd Quartile |
Maximum |
|
E-1 |
$48,500 |
$57,625 |
$66,750 |
$75,875 |
$85,000 |
|
E-2 |
$52,000 |
$63,688 |
$75,375 |
$87,063 |
$98,750 |
|
E-3 |
$54,000 |
$65,500 |
$77,000 |
$88,500 |
$100,000 |
|
E-4 |
$60,500 |
$74,000 |
$87,500 |
$101,000 |
$114,500 |
The mid-points of the salary ranges shall be reviewed periodically to determine the market average for like level positions based upon an executive salary survey. Recommendations to adjust the mid-points may be presented to City Council. The spread between the minimum and maximum of each range shall be maintained at fifty to fifty-five percent (50%-55%). A consistent spread between mid-points shall also be maintained.
(b) The salary for employees within the Executive Salary Group shall be determined by a majority of the Toledo Municipal Court Judges and shall fall within the specific range established by paragraph (a) above.
(c) Adjustments in base annual salaries beyond the minimum for the range shall be in accordance with the following principles and guidelines:
1. An employee who is new to a particular classification generally should be at the first quartile level within 1 to 3 years if the employee is performing satisfactorily. The goal should be to move employees who are performing satisfactorily to the mid-point on the band within 4 to 6 years. Employees should move beyond the mid-point in the band based upon outstanding performance. When employees are in the third quartile of the band, consideration should be given to smaller percentage increases coupled with a lump sum payment. Except for employees evaluated as "outstanding", employees in the fourth quartile generally should receive only lump sum raises, which shall not be counted toward the employees' base annual salary in applying range limits.
2. In placing employees on the band, consideration should be given to any significant market disparity for different positions.
3. Annual individual increases should be merit-based in accordance with the following Performance Increase Guidelines:
|
Performance Rating |
Min. to 1st Quartile |
1st Quartile to 3rd Quartile |
3rd Quartile to Maximum |
|
Outstanding |
5.5% - 7.5% |
4.5% - 6.5% |
4.0% - 6.0% |
|
Very Good |
3.9% - 6.0% |
3.0% - 5.0% |
2.0% - 4.0% |
|
Good |
0 - 3.9% |
0 - 3.4% |
0 - 2.4% |
|
Needs Improvement |
0 |
0 |
0 |
These guidelines shall be reviewed annually and adjustments may be recommended to City Council for consideration. Adjustments for 1993 shall be retroactive to January 1, 1993.
4. Special circumstances may justify deviating from these guidelines in specific cases.
(d) Executive group employees shall be compensated through an annual salary and shall not be paid overtime compensation.
(e) Executive group employees shall be entitled to fringe benefits immediately upon hire.
SECTION:: 74. That a new Toledo Municipal Code Section 2134.50 is enacted as follows:
2134.50. Base Annual Salaries - Executive Group.
(a) The annual minimum rate and the annual maximum range for salary groups E-1, E-2, E-3, E-4, and E-5 will increase by the same percentage, effective the same date of the applicable AFSCME Local 2058 wage increase. The base annual salaries for groups E-1 through E-5 shall become effective the first full pay period of January 2024.
|
SALARY GROUP |
MINIMUM |
MAXIMUM |
|
E-1 |
$75,288.27 |
$106,336.77 |
|
E-2 |
$80,722.49 |
$120,308.70 |
|
E-3 |
$83,825.99 |
$136,568.61 |
|
E-4 |
$93,917.15 |
$154,383.08 |
|
E-5 |
$106,880.08 |
$178,134.59 |
(b) Executive group employees shall be compensated through an annual salary and shall not be paid overtime compensation.
(c) Executive group employees shall be entitled to fringe benefits immediately upon hire.
(d) Salary ranges shall be reviewed periodically to determine the market average for like level positions based upon a salary survey for such comparable positions.
(e) In setting employee salary within the executive exempt groups, consideration shall be given to any significant market disparity for different positions.
(f) Special circumstances may justify deviating from these guidelines in specific cases. Special circumstances shall include consideration of any special education, certification, or licensure that increases the employee's value to the Court.
SECTION:: 75. That Toledo Municipal Code Section 2134.51 which states as follows:
2134.51. Termination and Severance Pay.
Employees who terminate their employment with the Court for any reason shall have their termination pay computed in the following manner:
(a) They shall be compensated for any earned vacation and bonus vacation.
(b) In addition to the above, the employee shall be paid for any holidays worked for which he or she has not been compensated either in the form of pay or time off. If the employee was entitled to discretionary holidays and has not taken them and is terminated on or before June 30, he or she shall receive pay for one (1) discretionary holiday. If the employee terminates after June 30, he or she shall receive pay for two (2) discretionary holidays.
(c) In addition to the amount set forth in (a), and (b) above, employees who retire or die while in the employment of the Court or who separate in good standing from employment after twenty-one (21) years of service shall also receive severance pay for unused sick time in accordance with the provisions of Section 2134.31 <https://codelibrary.amlegal.com/codes/toledo/latest/toledo_oh/0-0-0-123601>, Accumulation of Sick Days.
i. Service will be deemed "continuous" for purposes of this section despite a break in service due to a layoff, a call to military duty, or other circumstances for which a provision of this chapter specifies that employees will continue to accrue seniority.
ii. For purposes of this section, "years of service" for those employees hired on or before December 31, 2012 shall only include other public service if an express agreement to count such time for this purpose existed as of that date.
iii. An employee who is terminated for cause or for poor performance is not considered to have separated in good standing.
(d) In the event the employee has died as a direct result of injuries sustained in the course of employment with the Court, his or her estate shall be paid full accumulated sick time at the time of death.
(e) Employees entitled to Longevity Pay shall have that pay added to their base rate when termination pay is calculated.
SECTION:: 76. That a new Toledo Municipal Code Section 2134.51 is enacted as follows:
2134.51. Termination and Severance Pay.
Employees who terminate their employment with the Court for any reason shall have their termination pay computed in the following manner:
(a) They shall be compensated for any earned vacation and bonus vacation.
(b) In addition to the above, the employee shall be paid for any holidays worked for which they have not been compensated either in the form of pay or time off. If the employee was entitled to discretionary holidays and has not taken them and is terminated on or before June 30, they shall receive pay for one (1) discretionary holiday. If the employee terminates after June 30, they shall receive pay for two (2) discretionary holidays.
(c) In addition to the amount set forth in (a), and (b) above, employees who retire or die while in the employment of the Court or who separate in good standing from employment after twenty-one (21) years of service shall also receive severance pay for unused sick time in accordance with the provisions of Section 2134.31 <https://codelibrary.amlegal.com/codes/toledo/latest/toledo_oh/0-0-0-123601>, Accumulation of Sick Days.
i. Service will be deemed "continuous" for purposes of this section despite a break in service due to a lay off, a call to military duty, or other circumstances for which a provision of this chapter specifies that employees will continue to accrue seniority.
ii. For purposes of this section, "years of service" shall only include other public service if an express agreement exists to count such time for this purpose.
iii. An employee who is terminated for cause or for poor performance is not considered to have separated in good standing. Additionally, an employee must have completed probation and be receiving full salary to be entitled to the benefits of section 2134.51(c). If an employee is promoted to a higher position, and subsequently terminates their employment with the court during the probationary period for the promoted position, the employee will only be entitled to the benefits of 2134.51(c) at their previous rate, if eligible.
(d) In the event the employee has died as a direct result of injuries sustained in the course of employment with the Court, their estate shall be paid full accumulated sick time at the time of death.
SECTION:: 77. That Toledo Municipal Code Section 2134.52 which states as follows:
2134.52. Educational Reimbursement.
(a) The Court may reimburse tuition costs for job-related courses taken at an educationally accredited college or university by full-time permanent employees. Such course work must be approved as job-related prior to enrolling by submitting a description of the course to the employee's department head. Thereafter the department head and the Court Administrator must approve the course work.
(b) The Court may reimburse up to one hundred percent (100%) of the cost of tuition only, for up to ten (10) credit hours per quarter/semester. These costs will be reimbursed upon the documented presentation of a "B" or 3.0 grade or better.
(c) Any employee participating in the tuition reimbursement program that resigns, retires (non-disability) or is terminated must repay in full the tuition reimbursement paid by the City for the course completed less than two (2) years prior to the date of resignation, retirement, or termination. If necessary, this amount shall be deducted from the employee's severance pay and/or final paycheck. An employee who resigns or is terminated for cause or performance will lose all rights and benefits under the educational reimbursement refund policy effective on the date of the employee's resignation, retirement, or termination.
SECTION:: 78. That a new Toledo Municipal Code Section 2134.52 is enacted as follows:
2134.52. Educational Reimbursement.
(a) The Court may reimburse tuition costs and general fees for courses taken at an educationally accredited college or university by full-time regular employees. Such course work must be approved prior to enrolling by submitting documentation that the course(s) is necessary toward a degree which is either directly related to the employees’ current job or an anticipated need of the Court. The final determination of relatedness shall be made by the Human Resources Officer. Reimbursement applications must be made through the department head to the Human Resource Officer.
(b) The court will also reimburse for technical courses and professional certifications. Courses must either be directly related to the employees’ current job or an anticipated need of the Court. The determination of relatedness shall be made by the Human Resources Officer. Technical courses will be fully reimbursed for a passing grade.
(c) The Court will reimburse the employee the cost of tuition and general fees for ten (10) credit hours per quarter/semester at the percentage rate of 100% for a grade of "A" and 90% for a grade of "B" or "C". Reimbursement shall be limited to tuition levels and general fees charged by the local state sponsored university. These costs may be reimbursed upon the documented presentation of a "C" or 2.0 grade or better.
(d) If licensing or certification is a requirement of a classification held by an employee, the Court will not pay the employee's licensing or certification expenses. Expenses for required training and/or educational units necessary for maintaining licenses or certifications used or mandated for any classification may also be reimbursed by the Court.
(e) Any employee participating in the tuition reimbursement program that resigns, retires (non-disability) or is terminated must repay in full the tuition reimbursement paid by the Court for courses completed less than two (2) years prior to the date of resignation, retirement, or termination. If necessary, this amount shall be deducted from the employee's severance pay and/or their final paycheck. In the event the employee's severance pay and/or final paycheck are insufficient to cover the full tuition reimbursement owed to the Court, the employee must make arrangements to repay the amount owed. The Court may pursue collection of the amount owed, if necessary.
An employee who resigns or is terminated for cause or performance will lose all rights and benefits under the educational reimbursement refund policy effective on the date of their resignation, retirement, or termination.
SECTION:: 79. That Toledo Municipal Code Section 2134.53 which states as follows:
2134.53. Service Credit During Industrial Disability.
An employee who is unable to work because of industrial (service connected) disability shall have the time included in his or her length of service during this period of sickness or disability not to exceed two (2) years duration, provided the employee has not secured other full-time employment during the term of this disability. This period may be extended by mutual agreement. Prior to the end of three (3) months, and each quarter thereafter, the Court will meet with the employee to determine if the employee will be able to return to their employment.
SECTION:: 80. That a new Toledo Municipal Code Section 2134.53 is enacted as follows:
2134.53. Service Credit During Industrial Disability.
An employee who is unable to work because of industrial (service connected) disability shall have the time included in their length of service during this period of sickness or disability not to exceed two (2) years duration, provided the employee has not secured other full-time employment during the term of this disability. This period may be extended by mutual agreement. Prior to the end of three (3) months, and each quarter thereafter, the Court will meet with the employee to determine if the employee will be able to return to their employment.
SECTION:: 81. That Toledo Municipal Code Section 2134.54 which states as follows:
2134.54. Travel Allowance.
All Court employees who are requested to use their private motor vehicles on Court business shall be compensated at the rate per mile which may be deducted from the employee's Federal Income Tax without having to itemize specific expenditures as established by Internal Revenue Service letter.
SECTION:: 82. That a new Toledo Municipal Code Section 2134.54 is enacted as follows:
2134.54. Reserved.
SECTION:: 83. That Toledo Municipal Code Section 2134.57 which states as follows:
2134.57. Requirement of Criminal Background Checks for All New Employees.
As a requirement for employment with the Court, any applicant considered for employment shall allow a criminal background check to be performed.
SECTION:: 84. That a new Toledo Municipal Code Section 2134.57 is enacted as follows:
2134.57. Requirement of Criminal Background Checks for All New Employees.
As a requirement for employment with the Court, any applicant under final consideration for employment shall allow a criminal background check to be performed.
Vote on emergency clause: yeas 11, nays 0.
Passed: October 7, 2025, as an emergency measure: yeas 11, nays 0.
Attest:
Julie A. Gibbons Carrie Hartman
Clerk of Council President of Council
Approved: October 7, 2025
Wade Kapszukiewicz
Mayor