14-53-108. Uniform sick leave — Definitions.

14-53-108. Uniform sick leave — Definitions. (a)(1)(A) From and after April 11, 1969, all firefighters employed by cities of the first class and cities of the second class shall accumulate sick leave in accordance with a municipal ordinance at the rate of not less than ten (10) working days nor more than twenty (20) working days per year, beginning one (1) year after the date of employment. (B) As used in this section, “working day” means that period of time a firefighter is on duty within a twenty-four-hour period. If the firefighter is on duty for twelve (12) hours or more in a twenty-four-hour period, a working day shall be not less than twelve (12) hours nor more than twenty-four (24) hours. (C) The number of days of sick leave in effect for firefighters employed by cities of the first class and cities of the second class on January 1, 2005, shall remain in effect until changed by authority of a municipal ordinance, and nothing in this section shall be construed to require a reduction in the level of sick leave below the rate of twenty (20) working days per year or the rate in effect on January 1, 2005. (2)(A) If unused, sick leave shall accumulate to a maximum of one thousand four hundred forty (1,440) hours unless the city by ordinance authorizes the accumulation of a greater amount, in no event to exceed a maximum accumulation of two thousand one hundred sixty (2,160) hours. (B) Unused accumulated sick leave shall not be used for the purpose of computing years of service for retirement purposes. (b)(1) In cities having sick leave provisions through ordinance, the total sick leave accumulated by the individual firefighter shall be credited to him or her and new days accumulated under the provisions of this section until the maximum prescribed in subsection (a) of this section is reached. (2) If the governing body of the employing municipality successfully reduces the accrual rate, no firefighter shall have any previously earned sick leave reduced in value. (3) Time off may be charged against accumulated sick leave only for the days that a firefighter is scheduled to work. No sick leave as provided in this section shall be charged against any firefighter during any period of sickness, illness, or injury for any days that the firefighter is not scheduled to work. (c)(1) If at the end of his or her term of service, upon retirement or death, whichever occurs first, any firefighter has unused accumulated sick leave, he or she shall be paid for this sick leave at the regular rate of pay in effect at the time of retirement or death. (2) Payment for unused sick leave in the case of a firefighter, upon retirement or death, shall not exceed three (3) months' salary unless the city, by ordinance, authorizes a greater amount, but in no event to exceed four and one-half months' salary. (d)(1) Cities of the first class, cities of the second class, and incorporated towns shall have the option of providing sick leave for firefighters to accumulate at a rate of fifteen (15) twenty-four-hour working days per year beginning with the date of employment and decreasing to twelve (12) twenty-four-hour working days beginning four (4) years after employment. (2) Unused sick leave shall accumulate to firefighters provided with fifteen (15) twenty-four-hour working days per year sick leave and twelve (12) twenty-four-hour working days per year sick leave to a maximum of one hundred (100) twenty-four-hour working days. (e)(1) A city of the first class, a city of the second class, and an incorporated town may adopt a catastrophic leave program by ordinance under § 14-42-123 to include a “presumptive illness list for municipal fire department” under this section. (2) As used in this section, a “presumptive illness list for municipal fire department” means an illness that is chronic or fatal.