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ARTICLE 15 – DISCIPLINARY ACTION AND DISCHARGE Section 1. Disciplinary action may be taken for just cause. Section 2. Any employee who is the subject of an investigation shall be notified of the same in writing within ten (10) business days, of the incident which prompted the investigati...

ARTICLE 15 – DISCIPLINARY ACTION AND DISCHARGE Section 1. Disciplinary action may be taken for just cause. Section 2. Any employee who is the subject of an investigation shall be notified of the same in writing within ten (10) business days, of the incident which prompted the investigation. The investigation must be completed within nine (9) months after the ten (10) business days following the notice of the investigatory action or management’s (which shall be defined as any Supervisor who, under the disciplinary policy and guidelines, may take action without the approval of a higher ranking Officer or Manager) knowledge of such incident. Once the investigation is completed, management must inform the employee of the proposed discipline within forty-five (45) days. Failure of management to timely complete the investigation within nine (9) months or inform the employee of same within these stipulated time frames shall create a rebuttable presumption that shall extinguish and forever bar any disciplinary action based on any alleged violations or offenses by the employee relating to that matter subject to a showing of good cause by management for its delay as set forth in the arbitrability clause in Article 16, Section 8. The nine (9) month time frame for the completion of the investigation or the forty-five (45) days for proposing disciplinary action following the investigation may be tolled when possible disciplinary action is reasonably related to a criminal investigation of the employee, a change of the investigator (no more than one time), military leave, worker’s compensation leave, acts of God or when the employee is away from work on extended leave pursuant to Article 45 of this Agreement. In such cases, the investigation and/or the disciplinary action must be issued within the time frames set forth herein or management may provide notice to the employee that the time frame (investigation or disciplinary action) will be tolled until the reason for the tolling is completed. If tolled with less than sixty (60) days left to complete the investigation, the County shall have sixty (60) days to complete the investigation once the tolling period is completed. If tolled with less than thirty (30) days left to issue discipline, the County shall have thirty (30) days to issue discipline once the tolling period is completed. Section 3. The effective date of the discipline shall be the date an employee signs written communication acknowledging notification of the disciplinary action and/or suspension. 23 Section 4. If the grievance procedure is instituted over discipline, any written disciplinary action will not be placed in the personnel file or any permanent file until the grievance procedure is completed. If the discipline is rescinded, disciplinary action will be stamped as such and placed in the personnel file. During the promotional process, disciplinary material in the employee’s personnel file two (2) years or older (or one (1) year or older in the case of reprimands or counseling) will not be given to any interview board. Section 5. A discharge shall be considered a suspension without pay until completion of Step 3 of the grievance procedure. 24  ARTICLE 17 – PERFORMANCE REVIEW Section 1. Employees shall be evaluated annually and periodically, in special circumstances, by their immediate supervisors and reviewed at higher levels. Section 2. Any employee may file a grievance over his or her performance rating provided such a grievance may not be taken to arbitration unless it involves a rating of unacceptable or needs improvement of a permanent (non-probationary) employee. The burden of proving just cause rests with management. Section 3. Employees shall receive step increases on the effective anniversary date or effective date of last promotion. Employees promoted within two pay periods of their effective anniversary date or effective date of last promotion will receive the next step increase. Section 4. Employees receiving a rating of unacceptable or needs improvement on their annual review will have the effective step increase rescinded and shall reimburse the Department the received step increase amount over the same time frame which it was paid by the Department. The step increase shall remain rescinded for the period of time their performance is unacceptable and shall not be paid retroactively. Section 5. Employees (except probationary new hires) must work at least six (6) months out of each one (1) year rating period in order to have their performance accurately rated. Employees who work less than six (6) months will not be rated, and therefore, will be ineligible for annual step raises. Employees who are denied a step raise as described above, who then return to work in that rating period for at least four (4) months, and who receive at least a rating of “acceptable”, shall be given the annual step raise retroactive to the point at which the employee returned to work. Section 6. Probationary employees shall receive performance reviews at the completion of the Recruit Academy or applicable training program, at the completion of six (6) months; at the completion of eight (8) months of continuous service with the Department and at the completion of the eleventh (11th) month of continuous service with the Department. Section 7. This Article may be amended by mutual written agreement between the Fire Rescue Administrator and the Union President. 28  ARTICLE 28 – VACATIONS Section 1. Amount of Vacation A. Employees with a forty-eight (48) hour work week shall earn annual vacation on the basis of the following schedule: Years of Service (Seniority) Number of Vacation Shifts 1 year 5 2 years but less than 6 years 6 6 years 6.5 7 years 7 8 years 7.5 9 years 8 10 years and over 8.5 B. Employees with a forty-two (42) hour work week shall earn annual vacation on the basis of the following schedule: Years of Service (Seniority) Number of Vacation Hours 1 year 105 2 years but less than 6 years 126 6 years 137 7 years 147 8 years 158 9 years 168 10 years and over 179 C. All Other Employees Employees who are not assigned to work a forty-two (42) hour work week shall earn vacation on the basis of the following schedule: Years of Service (Seniority) Number of Vacation Days 1 year 13 2 years but less than 6 years 15 6 years 16 7 years 17 8 years 18 9 years 19 10 years and over 20 91  D. When an employee is out of pay status, the employee shall receive accruals pro-rated to reflect the hours during which the employee was in pay status, including all paid leave (sick leave, holidays, funeral leave, jury duty and disability leave), calculated on the basis of the pay period. If an employee is in an out of pay status for more than half of any bi-weekly pay period, no vacation accrual will be given for that pay period. E. Employees on leave due to job related disability shall not qualify for the accrual vacation benefits provided; however, they shall accrue benefits during the first thirty (30) days of any such leave. Section 2. Vacation Scheduling A. Twenty-Four (24) Hour Shift Employees 1. Vacations shall be scheduled from the beginning of the first Kelly Day cycle that starts after December 31st of any given year until the end of the Kelly day cycle that includes December 31st, one (1) year later. The department shall make known the exact starting and ending dates, for the vacation cycle, each year prior to vacation picks. The County shall determine the number of employees who can be off on vacation at any time throughout the year by using the following method based on the maximum possible number of vacation days earned annually. The total number of battalion personnel shall be multiplied by twelve (12). This number is then divided by the total number of shifts within the annual vacation cycle (excluding Kelly Days) and then rounded up to next whole number if ≥.5 (example: total battalion personnel times 12, divided by 121, rounded up to next whole number if ≥.5. For the ranks of Battalion Chief and EMS Captain, there shall be no less than two (2) slots, in each rank, and shall be selected on a county wide basis. Employees may not schedule vacation time off in excess of their anticipated available accruals including existing banks. The Fire Rescue Administrator and the Union President will determine the process and implementation dates for vacation picks and bid process related to the forty-two (42) hour work week. 92 2. In October of each year, the County will advise how many shift employees may be scheduled off for vacation during the next cycle of vacation selections beginning in January per shift, per Battalion and by Captains, Lieutenants, Driver Operators, Firefighter Paramedics and Firefighter EMTs. Special Operations Captains will select their vacation per battalion. ARFF Captains will select their vacation by station. The number of shift employees within a battalion of one (1) to four (4) stations (including the special operations battalion) if requested shall be at least one (1) Captain, one (1) Driver Operator, one (1) Lieutenant, one (1) Firefighter Paramedic and one (1) Firefighter EMTs; not to exceed the total number of shift employees as determined by the above method. The number of shift employees within a battalion of five (5) to eleven (11) stations if requested shall include per battalion (except special operations), at least, two (2) Captains, two (2) Driver Operators, two (2) Lieutenants, two (2) Firefighter Paramedics and two (2) Firefighter EMTs; not to exceed the total number of shift employees as determined by the above method. The number of shift employees within a battalion of twelve (12) or more stations, if requested, shall include per battalion (except Special Operations) at least, three (3) Captains, three (3) Driver Operators, three (3) Lieutenants, three (3) Firefighter Paramedics and three (3) Firefighter EMTs; not to exceed the total number of shift employees as determined by the above method. All Battalion Chiefs, EMS Captain and Special Operations personnel shall select vacation on a Department-wide basis. 3. Following the annual bid process and if applicable, Kelly Day selections, shift employees shall select vacation periods by seniority (as defined in the CBA) on a per shift, per Battalion basis. All Battalion Chiefs, EMS Captain, and Special Operations personnel shall select vacation on a department-wide basis. Vacation selection shall be made in three (3) rounds. When an employee has a scheduled and approved first, second or third round vacation 93 selection(s) and is out of work during that scheduled time for other reasons such as worker’s compensation, extended leave, light duty, military leave, administrative leave (with or without pay), 24-hour shift employees assigned to a non-24 hour shift and employees on leave of absence or suspension, the vacation selection(s) shall remain frozen and unavailable to other personnel. a. First Round – Employees submitting for first round must submit a minimum of four (4) or more consecutive shifts (which may include Kelly Days) within the designated fourteen (14) day vacation selection period. If the requests do not result in a minimum of four (4) or more consecutive shifts (which may include Kelly Days), the Battalion Chiefs will call employees by seniority to schedule the required minimum of four (4) shifts. For one (1) year probationary employees, first round vacation limitations of four (4) or more consecutive shifts shall not apply. First round selections shall be limited to no more than ten (10) shifts, which includes Kelly Days (twenty (20) days for non-twenty-four (24) hour shift employee) provided that the Deputy Chief may approve vacation selections greater than ten (10) shifts (twenty (20) days for non-twenty-four (24) hour shift employees). Such approval shall not be unreasonably denied. No part of any approved vacation lasting eleven (11) shifts or more (including Kelly Days) may be cancelled. Approved first round vacations may only be cancelled if approved by the appropriate Deputy Chief. b. Second Round –Employees may submit requests to schedule another single group, with a minimum of three (3) or more consecutive shifts (which may include Kelly Days) within the designated fourteen (14) day second round vacation selection period and in accordance with the first round limitations. For one (1) year probationary employees, second round vacation limitations of three (3) or more consecutive shifts shall not apply. First and second round vacation awards 94  shall be made no later than fourteen (14) days after the end of the second round vacation selection period. c. Third Round – On the designated date in December, the Battalion Chief (or FOO in the case of the Battalion Chief), will begin to accept requests for vacation scheduling for the upcoming year, which shall be on a first come, first serve basis. If two (2) or more requests for the same day are received on the same day, then the employee with the most seniority will receive the requested day. Employees shall be notified no later than the end of their shift following the shift in which their request was made as to whether their request has been approved or deferred. The date of submittal of deferred time shall then constitute the date for the first come first serve basis. Any third round pick submitted within seven (7) days of the requested day shall not be approved if overtime would result, as determined as of the time of the request. 4. Once approved, vacation time shall not be rescinded by Management except in the event of a major emergency (i.e., earthquake, tropical storm, hurricane, or civil emergency). 5. Twenty-four (24) hour shift employees may cancel or request vacation time only if at least nineteen (19) hours’ notice is provided from the start of the shift during which the absence will occur, including Kelly Days. All other employees may cancel or request vacation time only if requested by at least three (3) business days from the start of the leave period. Requests or cancellations, if made with less than the required notice, but prior to the start of the leave period, may be granted at the discretion of the District Chief, however, no request will be unreasonably denied. 6. Emergency Leave – Employees shall be granted emergency leave as necessary, subject to the approval of the District Chief or the on-call District Chief, such approval shall not be unreasonably denied. Once granted, emergency leave shall be charged as actual time used in 95  quarter-hour increments. If the reason for the absence is a qualified use of sick leave, emergency leave shall be charged to the employee’s sick allotment. If not, then the absence shall be charged to reserve vacation and finally vacation. 7. Vacation time may be taken in a minimum of two (2) hours and thereafter hour for hour. 8. Employees granted leave for an approved outside activity (AOA) shall not be counted against the vacation schedule. B. Non-Twenty-Four (24) Hour Shift Employees In October of each year, the County will advise how many non-twenty-four (24) hour shift employees may be scheduled off for vacation during the year next beginning on January 1. All non-twenty-four (24) hour shift employees shall select vacation in a First, Second and Third round format. Any employee granted leave for an approved outside activity (AOA) shall not be counted against the vacation schedule. 1. Communications Center: a). On those shifts with at least three (3) employees available to work above the Department’s minimum staffing, up to two (2) employees shall be allowed to be scheduled off on vacation. The Communications Supervisor and Assistant Communication Supervisor shall not be allowed to take vacation on the same day. Should vacancies on a given shift (including those due to terminations/resignations, extended leave or Workers’ Comp) occur which result in fewer than three (3) employees available to work above the Department’s identified minimum staffing, only one (1) employee shall be allowed to be scheduled off on vacation, provided that any previously approved vacations shall not be cancelled due to changes in available staffing. During the month of November, all Communications employees except newly hired probationary employees, shall select vacation periods by seniority within classification. Vacations shall be scheduled from the beginning of the first pay period that includes January 1 of the upcoming year until the end of the pay period that includes January 1 of the following year. The Department shall make known the exact starting and ending dates for 96  the vacation cycle prior to vacation picks each year. All Communications employees, except newly hired probationary employees, may submit three (3) requests to select a minimum of three (3) or more consecutive shifts for First round selections and may also submit Second round selections. Employees may not select more time than they have accrued or expected to accrue before the selected date. Probationary employees employed longer than 9-months may submit one, first round request provided that the selected dates do not occur during the employee’s first year of employment and the employee has accrued, or is expected to accrue, sufficient leave prior to the selected dates. Approved first round vacations may only be cancelled, if approved, by the appropriate Deputy Chief. When selecting vacation periods during November, these employees may not select more than twenty-one (21) consecutive working days during the vacation year, which may be waived with the approval of the appropriate Deputy Chief but such approval shall not be unreasonably denied. On the designated dates in December, the Communication Center Manager will begin to accept third round requests for vacation scheduling for the upcoming year with third round selection granted on a first-come, first-serve basis. Third round requests shall only be approved for employees on full duty except in an emergency approved by the Division Chief. If two (2) or more requests for the same day off are received on the same day, the more senior employee shall have their request approved. The date of submittal of deferred time shall constitute the date for the first-come first-serve basis. b). Only one (1) Call Taker shall be allowed off per shift and shall not affect the number of Communicator III’s off. Section 3. Vacation Carry-Over A. In the event that employees are not permitted to take all of their accrued vacation during the vacation year because there was insufficient vacation time available at any time during the year, then the amount not taken may be carried over into the next vacation year. B. Twenty-Four (24) Hour Shift Employees 97  On April 15 of each year all hours in excess of five hundred (500) not taken shall be contributed to the Union Time Pool. Maximum vacation payout cap is 792.16. C. Non-Twenty-Four (24) Hour Shift Employees (40 hour workweek) On April 15 of each year all hours in excess of five hundred (500) not taken shall be contributed to the Union Time Pool. Maximum vacation payout cap is 660.16. D. Forty-two (42) Hour Employees On April 15 of each year all hours in excess of five hundred (500) not taken shall be contributed to the Union Time Pool. Maximum vacation payout cap is 693.17. E. Each employee who notifies the department, prior to March 1 st of a given year that they are entering the D.R.O.P. or retiring during the next twelve (12) months, shall be exempt from the vacation cap and sweep on April 15th of that year to facilitate the maximum vacation buyout prior to entering the D.R.O.P. or retiring. If said employee does not enter the D.R.O.P. or retire during the year, they shall have their vacation time swept retroactively at the value it exceeded the cap at the time of the previous April 15th sweep that they elected to bypass. Employees may only effectively bypass the April 15th sweep once. Section 4. Benevolent Fund Retiring employees with unused vacation time may request, at time of separation, that the remainder of their vacation leave balance be donated to the Benevolent Fund. Section 5. Transfers A. If any employee requests a transfer, is demoted, or accepts a promotion or assignment into a new classification, the employee’s selection of vacation shall be based on the remaining days available in the Battalion, on the shift to which the employee is to be transferred. 98 B. If an employee is to be transferred to a different shift or Battalion by the County, the employee shall maintain his or her previously scheduled vacation without rolling any of the already scheduled employees from their selection. 99  one time only, up to a maximum of two hundred ($200.00) dollars after they have stopped smoking for six (6) months. D. The County shall continue to support a Critical Incident Stress Management Team and/or Peer Support Group. Section 6. Sick Leave A. Sick Leave Use It is agreed between the parties that sick leave use can have a detrimental effect on the daily operation of Fire Rescue, including the workload of other Fire Rescue employees, the level of service Fire Rescue provides to the public, and the safety of the other employees. Palm Beach County and Professional Firefighters/Paramedics of Local 2928 agree to make every effort to express the importance of dependability and reliability in regards to employee’s attendance to all members of Palm Beach County Fire Rescue. This article is intended as a comprehensive approach to minimizing the use of sick leave to only those bona fide circumstances as provided for in Section D of this section. In order to be effective, two major thrusts have been incorporated into the Article; a disincentive approach, and an incentive approach. B. Sick Leave Banks All reserved vacation time shall be banked independent of regular vacation time and not subject to the vacation accrual caps. At the time of a new allotment, employees can place in their reserve vacation bank from their unused sick leave allotment any number of hours that is not more than their annual allotment. The balance of an employee’s reserve vacation bank shall not exceed the number of sick leave hours an employee accrues in one year, except that when annual allotments are adjusted downward, an employee may keep any hours already in the reserve bank until such times as the balance of the employee’s reserve bank is equal to or lower than the number of hours the employee accrues annually. 126  Reserve vacation time banks shall be scheduled in accordance with the provisions of Article 28 of this Agreement. However, this reserve vacation bank shall not be payable upon separation from the County. In the event of a duty-related death of a Fire-Rescue employee, that employee’s Reserve Vacation Bank hours (if any exist) shall be paid on a hour for hour basis at the employee’s current hourly rate. An employee’s death must have occurred while on-duty or meet the conditions outlined in Chapter 112, Florida Statutes, in order to be considered duty-related. C. Sick Leave Allotment 1. After the cutoff date each year, which shall be November 1, all permanent twenty-four (24) hour shift employees shall be allotted one hundred and twenty (120) hours of sick leave for the next twelve (12) months. Effective with the November 2026 sick leave allotment, the number of hours allotted annually shall be one hundred twelve point five (112.5) hours and then one hundred five (105) hours for all future allotments. Employees who are not on a twenty-four (24) hour shift shall receive an allotment of sick leave of one hundred (100) hours for those on a forty (40) hour work schedule and one hundred five (105) hours for those on a forty-two (42) hour work schedule. 2. Employees on a leave of absence without pay will have their sick allotment adjusted to reflect a prorated number of hours to which the employee is entitled. 3. Employees may use this time at one hundred (100%) percent of their current salary in accordance with Section D of this Article. 4. Employees shall not be awarded any sick leave compensation beyond the number of hours in their annual allotment during any twelve (12) month period, unless they request, and are approved to use extended leave as described in Article 45, Section 6-D. However, employees may use their reserve vacation banks to supplement an individual, short-term absence (i.e., exceeding one (1) hour but less the number of hours in their annual allotment, until such time as their reserve vacation bank is depleted. In no case shall the 127 employee’s main vacation account be used to supplement this type of absence unless, in the sole discretion of the Fire Rescue Administrator, which shall be final, binding, and not subject to grievance or arbitration, a waiver of this provision is granted. If granted, an employee may elect to have vacation time deducted retroactively. Extended leave shall be defined as a single sick leave occurrence lasting longer than the number of hours in an employee’s annual allotment. In the event of an extended leave, employees shall be awarded pay at one hundred (100%) percent of their remaining allotted hours. For Special Risk employees, starting with the first consecutive hour of absence in excess of the number of hours in the employee’s annual allotment (121st 113th or 106th consecutive hour before and after November 2026 annual allotment), through three (3) months from the date of injury or illness, employees shall be awarded extended leave compensation at eighty-five (85%) percent of their current salary. After three (3) months and through twelve (12) months of consecutive leave from the date of illness or injury, employees shall be awarded sixty-five (65%) percent of their current salary. Employees shall not be awarded any sick leave compensation exceeding twelve (12) continuous months from the time of an illness or injury; and shall have up to a maximum of eighteen (18) months during which to return to work. For all other classes of employees, starting with the first consecutive hour of absence in excess of the number of hours in the employee’s annual allotment, through three (3) months from the date of injury or illness, employees shall be awarded extended leave compensation at eighty-five (85%) percent of their current salary. After three (3) months and through nine (9) months of consecutive leave from the date of illness or injury, employees shall be awarded sixty-five (65%) percent of their current salary. Employees shall have up to a maximum of nine (9) months during which to return to work and shall not be awarded any sick leave compensation exceeding nine (9) continuous months from the time of an illness or injury. 128 5. Employees who are granted extended leave shall not engage in off duty employment. 6. Employees who require extended leave may use vacation time and/or reserve vacation time to supplement any uncompensated portion of the leave. 7. Employees who are on extended leave at the time of a new sick leave allotment shall be required to use forty-eight (48) hours of a one hundred twenty (120) hour allotment or forty-five (45) hours of a one hundred twelve point five (112.5) hour allotment, or forty-two (42) hours of a one hundred five (105) hour allotment (or proportionate amount of time for non-24-hour shift personnel) of their annual allotted time at one hundred (100%) percent of their current salary, and shall then return to the current eligible extended leave compensation status without a break in the continuity of that status. An employee who had less than one hundred twenty (120) hours (one hundred twelve point five (112.5) hours in fiscal year 2027 or one hundred five (105) hours thereafter) deducted in the previous year, and is on extended leave at the time of a new sick allotment, shall be charged sick leave for that portion of the new allotment (up to a maximum of one hundred twenty (120) hours (one hundred twelve point five (112.5) hours in fiscal year 2027 or one hundred five (105) hours thereafter) so as the total hours taken equals one hundred sixty-eight (168) hours, (one hundred fifty- seven point five (157.5) hours or one hundred forty-seven (147) hours thereafter) and thereafter on a pro-rated basis until such time as they return to duty. 8. Special Risk employees shall not be granted more than eighteen (18) months cumulatively of extended leave. Apparatus Technicians shall not be granted more than twelve (12) months extended leave. All other classes of employees shall not be granted more than nine (9) months cumulatively of extended leave. All employees must return to full duty for a minimum of six (6) months from an extended leave prior to being eligible to start new extended leave compensation for any illness or injury. Employees who return to extended leave within six (6) months of returning to full duty, for any illness or injury, shall 129  be awarded the remaining benefits from the previous extended leave and shall have the duration of the two (2) leaves counted accumulatively. 9. Probationary employees shall be awarded sick leave on a pro-rated basis for the remainder of the year starting after the sixth (6th) month from the date of hire. However, new probationary employees shall not be eligible for any extended leave compensation. 10. Employees who leave Fire Rescue who are in pay status at the time of departure shall be eligible to be paid out for unused allotted sick leave on a pro-rata basis as defined in this Article (this payout shall not include any of the reserve vacation hours). D. Extended Leave When any employee is requesting extended leave for an illness or injury he/she must first get, from their treating physician, a written assessment of what work restrictions the employee has and how long these restrictions are anticipated to last. If the restrictions are anticipated to last more than thirty (30) days, the employee shall procure from the treating physician an updated assessment of the employee’s work restrictions and provide the same to the County at least every thirty (30) days. All written assessments shall be reviewed by the Fire Rescue Administrator and the Fire Department Physician or the EAP Coordinator, whichever is appropriate. They may contact the employee and/or their treating physician for verification. At such time that the restrictions preventing an employee from being returned to work or placed in a light duty assignment are removed, and a return to work or light duty assignment is offered, extended leave will no longer be available. The Fire Rescue Administration may request the employee get a fitness for duty examination from a physician selected by and paid for by the Department at any time an employee is on extended leave. If it is determined that an employee has misrepresented the conditions based on which the employee was granted extended leave, the Fire Rescue 130  Administrator may cancel the extended leave and the employee may be subject to discipline for just cause. E. Approved Sick Leave Use Sick leave shall be awarded on an hour for hour basis to employees for the following reasons provided, that the condition is not job related: 1. Incapacitation due to illness or injury. 2. Attendance would jeopardize the health of co-workers due to exposure to a contagious illness/disease. 3. Prescribed medical treatment that falls on duty days. 4. Care of an immediate family member who is not able to care for herself/himself and who is residing with the employee for whom the employee is rendering medically related assistance, and there is no other person available to care for said individual. If approved, extended family care leave that meets the above criteria shall be taken at 65% of pay, following the use of half (1/2) the sick allotment given on November 1st. The 65% of pay can be supplemented with reserve, sick and/or vacation time. This leave shall be limited to six (6) months in any eighteen (18) month period. Employees who are granted this leave shall not engage in off duty employment. Leave taken pursuant to this provision shall count as extended leave. 5. Hospitalization of a family member – Leave for extended hospitalization of a family member, if approved, shall be taken at 65% of pay, following the use of the of half (1/2) the sick allotment given on November 1st. The 65% of pay can be supplemented with reserve, sick and/or vacation time. This leave shall be limited to three (3) months in any fifteen (15) month period. Employees who are granted this leave shall not engage in off duty employment. Leave taken pursuant to this provision shall count as extended leave. 6*. Medical, dental or optical examination or treatment. 131 7. Baby Bonding (Maternity/Paternity) leave may be taken at the employee’s choice. The employee may take Baby Bonding leave at 100% of pay for the first six (6) weeks; or may take Baby Bonding leave at 65% of pay for up to three (3) months, following the use of half (1/2) the sick allotment given on November 1st. The 65% of pay can be supplemented with reserve, sick and/or vacation time. This leave shall be limited to three (3) months. Employees who are granted this leave shall not engage in off duty employment. Leave taken pursuant to this provision shall not count as extended leave. 8. Pregnancy: An employee experiencing a documented high-risk pregnancy may apply for extended leave. The extended leave shall terminate upon the birth of the baby, with Baby Bonding following continuously thereafter in accordance with this Article. Employees may request in writing (which shall include the reason for the request) to the Fire Rescue Administrator to extend Baby Bonding leave for up to three (3) additional weeks by using either vacation or going into out-of-pay status. The Fire Rescue Administrator has the final approval which is not subject to the grievance process. If at the conclusion of Baby Bonding leave the employee is medically unable to return as a result of complications, she may start extended leave in accordance with the terms of this Article. Employees who experience a documented high-risk pregnancy and were on extended leave at the time of the birth of the baby, and who are medically unable to return as a result of complications, may continue their extended leave from prior to the birth of the baby if still available in accordance with this Article. Employees may elect to use vacation time in lieu of Baby Bonding, provided that such leave may not exceed six (6) weeks. 9. Any absence not described above that prior authorization is received. *Applies only to forty (40) hour personnel unless emergency treatment is necessary. 132 F. Disincentives 1. Operational personnel who have five (5) or more sick leave* occurrences in any twelve (12) month period shall be subject to disincentives actions as follows: NUMBER OF OCCURRENCES DISINCENTIVES 5th Occurrence loss of early release privileges 6th Occurrence 5th occurrence disincentives, loss of overtime, loss of bid rights, loss of step-up privileges. 7th Occurrence 6th occurrence disincentives, Special Performance Evaluation. 8th Occurrence 7th occurrence disincentives, loss of bid assignment and any corresponding assignment pay. 9th Occurrence 8th occurrence disincentives, loss of promotional ability 10th Occurrence 9th occurrence disincentives, twenty-four (24) hour suspension. 2. Communication Center shift personnel who have eight (8) or more sick leave* occurrences, in any twelve (12) month period shall be subject to disincentives. NUMBER OF OCCURRENCES DISINCENTIVES 8th Occurrence loss of early release privileges 9th Occurrence 8th occurrence disincentives, loss of overtime, loss of bid rights, 133  loss of step-up privileges. 10th Occurrence 9th occurrence disincentives, Special Performance Evaluation. 11th Occurrence 10th occurrence disincentives, loss of bid assignment and any corresponding assignment pay. 12th Occurrence 11th occurrence disincentives, loss of promotional ability 13th Occurrence 12th occurrence disincentives, twenty-four (24) hour suspension. 3. Non-Operational personnel, (excluding Communication Center shift employees) who have ten (10) or more sick leave occurrences, in any twelve (12) month period shall be subject to disincentives. NUMBER OF OCCURRENCES DISINCENTIVES 10th Occurrence loss of early release privileges 11th Occurrence 10th occurrence disincentives, loss of overtime, loss of bid rights, loss of step-up privileges. 12th Occurrence 11th occurrence disincentives, Special Performance Evaluation. 13th Occurrence 12th occurrence disincentives, loss of bid assignment and any corresponding assignment pay. 14th Occurrence 13th occurrence disincentives, loss of promotional ability 134  15th Occurrence 14th occurrence disincentives, twenty-four (24) hour suspension. The number of occurrences for any employee shall be calculated using a continuous twelve (12) month period without regard to fiscal or calendar year. Except as stated in this Article, all disincentives for a specific occurrence shall remain in effect until the occurrence for which the disincentives were imposed drops off. *Any absence under this Article, except for FMLA, shall be considered an occurrence. An occurrence shall be defined as actually working less than one-half (½) of the hours of the employees normal shift, or any combination of occasions of sick leave utilization which, when combined, total one-half (½) of the employees normal shift, with or without an excuse (i.e., for a twenty-four (24) hour employee, four (4) occasions of three (3) hours shall equal one (1) occurrence. G. Incentives 1. After the cut-off date each year, which will be November 1st, employees shall receive as a bonus, the remainder of their allotted time paid for on an hour for hour basis at their current hourly rate of pay, including permanent assignments. Employees will be credited with their annual sick leave allotment beginning on the next pay period. Any sick leave taken before the cutoff date which is not processed prior to the bonus payoff will be deducted from the next year’s allotment. 2. All eligible employees shall receive the sick leave bonus on the first payday in December that calendar year. Employees may choose to allocate a portion, or all, of their allocated hours, in lieu of bonus, to their reserve bank, provided the reserve bank is capped at the number of hours the employee accrues annually. H. Sick Leave Procedure 1. It shall be the employee’s responsibility to notify the Department at least thirty (30) minutes prior to the start of their shift by entry into 135  the Department approved staffing program or notification to the Fire Operations Officer (FOO). 2. The Communication Division will be required to notify the Department at least ninety (90) minutes prior to the start of their shift by entry into the Department approved staffing program or notification to the on-duty Shift Supervisor. 3. Sick leave shall be awarded on an hour for hour basis, in quarter (¼) hour increments, for all employees. 4. Employees may return to work at any time after calling in sick. However, they may only return to work one time during a shift and shall notify the FOO prior to returning to work to receive their station assignment. 5. If, in the opinion of the immediate Supervisor, an employee is determined to be too ill/injured to work, the Supervisor may recommend that the employee be sent home. The Supervisory Bargaining Unit Employee (i.e. District Chief) and/or any Non- Bargaining Unit Supervisor, above the immediate Supervisor of the employee in question, shall have the authority to send the employee home with pay, based on the recommendation of the immediate Supervisor and direct observation of the employee. In such cases, the employee will be charged sick leave unless the employee returns to work during the same shift with a note from a medical provider indicating that the employee is fit for duty. Employees who do not return with such a note and do not have sufficient sick leave to cover the absence, shall be out of pay for any hours not covered by sick leave. 6. Upon returning to work, all employees shall submit to their immediate supervisor an electronic employee leave request form which shall include an affidavit signifying that the employee’s use of sick leave was consistent with this Article. 7. Any employee requesting sick leave for reasons which are not consistent with this Article shall be denied leave time and may be 136  subject to discipline for inappropriate use of sick leave as described in Section A-3 of the disciplinary guidelines of the Fire Rescue Department Manual. I. Sick Leave Board The Wellness Steering Committee shall serve as the Fire Rescue Sick Leave Board. The Sick Leave Board shall be responsible for monitoring sick leave use and identifying department-wide trends and patterns of sick leave use. This shall include the use of extended leave. Section 7. Leaves of Absences A. Leave Without Pay Employees shall be entitled, upon written request, to a leave of absence without pay or benefits for up to six (6) months after exhausting their accrued leave time as follows: 1. Education Leave Due to education or training of mutual benefit to the employee and the County, upon approval of the Fire Rescue Administrator. Section 8. Communicable Diseases A. The Wellness Steering Committee shall review and maintain an Infectious Disease Program for the purpose of minimizing employee exposures to infectious diseases or hazardous materials. Fire Rescue shall designate an Infectious Disease Coordinator to manage the Program. B. Communicable Disease 1. Presumption - It shall be presumed that any Operations Division employee who contracts hepatitis B or meningococcal meningitis shall have contracted the disease while on duty. 2. Immunization 137