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become a part of the employee's personnel record. Physician's statements will be used in <br /> determining from time to time whether or not an employee is able to continue the performance <br /> of his duties. <br /> Section 6. If an employee is on sick leave and it is determined by a physician that said <br /> employee will be unable to return to work within an amount of time equivalent to his remaining <br /> unused sick leave or within one (1) year from the commencement of sick leave, whichever <br /> would occur first; said employee no later than ten (10) days after receipt of physician's notice or <br /> immediately after expiration of the one (1) year of sick time, whichever occurs first, shall apply <br /> for disability benefits if he is eligible for such benefits and if granted, sick leave payment will be <br /> stopped at the earlier of either the exhaustion of sick leave days or one (1) year after the <br /> commencement of sick leave, whichever is earlier. If disability is awarded by the employee's <br /> retirement fund, he may choose to be paid for his unused sick leave at one-half his normal daily <br /> rate of pay for each 24 hours of unused sick leave or he may retain his remaining sick leave and <br /> be credited therewith if and when he returns to duty. Promotional vacancies shall be filled within <br /> thirty (30) days of the Pension Board's written determination as to the disability, provided there <br /> is a promotional register in effect or if not, immediately upon the effective date of a new <br /> promotional register. <br /> Section 7. An employee found engaged in other employment comparable to his regular <br /> duties while on sick leave shall be subject to disciplinary action. <br /> Section 8. Upon retirement from the classified fire fighting service, an employee shall <br /> be paid $50.00 per accumulated day of sick leave up to 100 days and $75.00 per accumulated <br /> day of sick leave from 101 days up to 200 days. For purposes of this section, if a Fire Inspector <br /> retires as such, he shall be paid on the basis of 8-hour days. <br /> Section 9. Other than regular shift employees in the classified fire fighting service shall <br /> accrue one duty day with pay sick leave for each month of continuous service uninterrupted by <br /> resignation or discharge up to a maximum accumulation of 240 days. Such employees <br /> employed on the effective date of this contract shall be given credit for sick leave days that <br /> would have accrued above the previous 135 day maximum minus those days actually used. <br /> One day accumulated sick leave credit with pay shall be deducted from sick leave accumulated <br /> for each duty day not served due to illness. <br /> Section 10. Any 24-hour shift employee who has accumulated 2400 hours of sick leave <br /> and any 40 hour employee who has accumulated 800 hours of sick leave, as of each May 1st, <br /> shall be granted one day's leave with pay to be used at any time during the fiscal year of the <br /> City prior to the succeeding April 30. Sick leave days deducted for payments pursuant to Article <br /> 12 of this Agreement shall not be deducted from an employee's total accumulation for purposes <br /> of this section. The day's leave granted employees under Sections 10 and 11 of this Article <br /> shall-not be accumulated and carried over into the following fiscal year, except with the approval <br /> of the City Manager, or if the employee was requested to delay the taking of the day's leave by <br /> the Fire Chief with the approval of the City Manager. <br /> Section 11. Any 24-hour shift employee who has not accumulated 2400 hours of sick <br /> leave or any 40 hour employee who has not accumulated 800 hours of sick leave as of each <br /> May 1 (including employees hired after May 1, 1987), shall be each entitled to one days' leave <br /> with pay to be used at any time during the City's fiscal year, if as of May 1 of each fiscal year <br /> such employee has accumulated 75 percent (75%) of the maximum possible accumulation of <br /> sick leave days that such employee could have earned since either May 1, 1987, or the <br /> employee's date of hire, whichever is later. Sick leave days deducted for payments made <br /> 19 <br />