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<br />47 <br /> <br />Prior to making a final determination, the City Manager shall provide Local 2400 <br />with a copy of the Administrative Law Judge's proposed decision including <br />proposed findings and recommendations. <br /> <br />Nothing herein shall affect the jurisdiction of the Worker's Compensation <br />Appeals Board to determine whether disability is or is not industrial. <br /> <br />An employee may waive their right to an evidentiary hearing. The employee and <br />the City may mutually agree to waive provisions of the Administrative <br />Procedures Act. <br /> <br />SECTION 18 - LEAVES <br /> <br />18.1 Sick Leave <br /> <br />18.1.1 Sick Leave Accrual <br /> <br />Regular and probationary employees who work a fifty-six (56) hour <br />workweek shall accrue sick leave at the rate of twenty-four (24) <br />hours per month to a maximum of one thousand nine hundred <br />twenty (1,920) hours. In the event the present duty schedule is <br />changed by increasing or decreasing the number of hours worked in <br />the work cycle, the rate of accrual and the maximum accrual of sick <br />leave credit will be increased or decreased in direct proportion to <br />such change. Regular and probationary employees who work a forty <br />(40) hour workweek shall accrue sick leave at the rate of eight (8) <br />hours per month to a maximum of nine hundred sixty (960) hours. <br />Sick leave shall accrue during an absence which is a result of <br />occupational disability resulting from service with the City. <br /> <br />In the event an employee of the Fire Department regularly assigned <br />to a fifty-six-hour workweek schedule is temporarily assigned by the <br />Fire Chief to a forty (40) hour workweek, sick leave for such <br />employee shall continue to be credited at the fifty-six (56) hour rate, <br />provided that sick leave taken on the forty (40) hour work schedule <br />will be charged to the employee’s sick leave bank at a rate of one <br />and four tenths (1.4) hours for every one hour of sick leave taken. <br />Such appointment and accrual credit shall not exceed ninety (90) <br />calendar days, except by mutual agreement between the <br />Association and the City. <br /> <br />18.1.2 Sick Leave Usage <br /> <br />6.A. - Page 58 of 99 <br />65