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Commissioner O'Bryan wanted to do what would be best for the public's <br />interest, as well as the interest of the public employees, and based on that <br />standard, he did not want to adopt newly numbered Paragraph 26.03.B., <br />which limits the existing employees to no more than 50 days and will leave <br />them equal with other employees in newly numbered 26.03.A.; and for <br />newly numbered 26.03.C., instead of new employees receiving 30 days <br />medical leave, he recommended increasing the number to 50 days of <br />medical leave. <br />Director Brown asked the Board to consider striking the following language <br />from Paragraph 26.03.A., "...and who have a balance on that date that <br />equals or exceeds fifty (50) days" He wanted the paragraph to state, "...for <br />employees hired before ratification of the Agreement..." <br />ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner <br />Flescher, the Board unanimously adopted the County's proposal to: (1) add <br />the following sentence at the end of Paragraph 26.01.C.: For shift <br />employees, each shift or partial shift that the employee is absent shall be an <br />"occurrence."; (2) delete old Paragraph 26.03; (3) adopt newly numbered <br />and modified 26.03.A. to read, "for employees hired before ratification of <br />the Agreement..."; (4) delete newly numbered 26.03.B; and (5) adopt newly <br />numbered 26.03.C. with a modification that medical leave shall not exceed <br />"...fifty (50) days at any time."; all shown in Exhibit M to the County <br />Administrator's recommendation. <br />Paragraph 26.01.C. now reads as follows: <br />Frequent claiming of benefits under this rule will constitute grounds for the <br />assumption by the Emergency Services Director that the physical condition <br />of the employee is below the standard necessary for the proper performance <br />of duties. Likewise, evidence of malingering or the abuse of this benefit will <br />constitute grounds for prompt dismissal or disciplinary action by the <br />Emergency Services Director. Employees suspected of abusing leave will be <br />placed on notice and will be required to submit a doctor's note upon their <br />return to work. Abuse of leave shall be defined as three occurrences in a 90 <br />day period. For shift employees, each shift or partial shift that the <br />employee is absent shall be an "occurrence." <br />Newly numbered Paragraph 26.03.A. now reads as follows: <br />For employees hired before the beginning of the first pay period after <br />Union ratification and County approval of this Agreement, and who hayc <br />for employees <br />hired before ratification of the Agreement Mmedical leave may be <br />accumulated for a total of no more than one hundred (100) days at the <br />employee's anniversary date. <br />• <br />Impasse Hearing <br />March 20, 2015 Page 17 <br />