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Retaliation Prohibited <br />The city shall not discharge, discipline, penalize, interfere with, or otherwise retaliate or <br />discriminate against an employee for asserting ESST rights, requesting an ESST absence, or <br />pursuing remedies. Further, use of ESST will not be factored into any attendance point <br />system the city may use. Additionally, it is unlawful to report or threaten to report a <br />person or a family member's immigration status for exercising a right under ESST. <br />Benefits and Return to Work <br />During an employee's use of ESST, an employee will continue to receive the city's employer <br />insurance contribution as if they were working, and the employee will be responsible for <br />any share of their insurance premiums. <br />An employee returning from time off using accrued ESST is entitled to return to work at <br />the same rate of pay received when their leave began, plus any automatic pay <br />adjustments that may have occurred during the employee's time off. Seniority during ESST <br />absences will continue to accrue as if the employee has been continually employed. <br />When there is a separation from employment with the city and the employee is rehired <br />again within 180 days of separation, previously accrued ESST that had not been used or <br />paid out will be reinstated. An employee is entitled to use and accrue ESST at the <br />commencement of reemployment. <br />Sick and ESST Bank Balances for Regular Employees <br />Total leave banked as sick leave and ESST will be checked on the last pay day in October of <br />each year. <br />If Employee is at or over 960 accrued hours, they will begin accruing leave at the <br />rate of eight (8) days per year on the first pay day in November. <br />• If Employee is under 960 accrued hours, they will remain accruing at the rate of <br />twelve (12) days per year. <br />When balances are checked on the last pay day in October the following year, employees <br />accruing at the eight (8) days per year rate shall have one-half (1 /2) of the previous year's <br />accrued hours paid into Employee's Post Employment Health Care Savings Plan (PEHCSP) <br />and the remaining half will remain in the employee's sick leave bank. (i.e.: If you begin the <br />year at the eight (8)-day accrual rate half of your year's accrual will be paid into your <br />PEHCSP at the end of the year and the other half will remain in your bank.) <br />If the balance is below 960 when checked the following year, the employee returns to the <br />twelve (12) days per year accrual rate. Employees are not eligible for PEHCSP payment <br />when accruing at the twelve (12) days per year rate and all unused accrued hours remain <br />in their bank. <br />Page 25181 <br />Page 179 of 447 <br />