[HISTORY: Adopted by the Town Board of the Town of Macedon as indicated in article histories. Amendments noted where applicable.]
Article I General Regulations
Article II Cash Payment for Sick Leave Upon Retirement
Editor's Note: Copies of the Family and Medical Leave Act, adopted 1-6-2010 by Res. No. 30(2010), and the Workplace Violence Policy, adopted 1-6-2010 by Res. No. 31(2010), and any subsequent amendments thereto, are on file in the office of the Town Clerk.
The Town Board of the Town of Macedon, County of Wayne and State of New York, hereby establishes the following policies, rules and regulations to govern vacations, holidays, sick leave and other benefits for the employees of the Town of Macedon.
The purpose of this article is to establish uniform provisions for vacations, holidays, sick leave and other benefits for the employees of the Town of Macedon.
As used in this article, the following terms shall have the meanings indicated:
- All employees of the Town of Macedon. This includes elected and appointed officials and/or probationary, temporary, seasonal, hourly or per diem employees.
- NORMAL WORKDAYS
- The time the workday commences and ends. The normal workday, as described, may be varied by the Town Board or the elected official in charge of the department or office.
- A. Highway and Water Department. The normal workday shall start at 7:00 a.m. and end at 4:30 p.m. on Monday, Tuesday, Wednesday and Thursday. On Friday, the workday shall start at 7:00 a.m. and end at 3:00 p.m. During the day, each employee shall have 1/2 hour for lunch and a fifteen-minute break each morning.
- B. Town Office. The normal workday shall start at 9:00 a.m. and end at 4:30 p.m. during a standard workweek. During the day each employee shall have one hour for lunch and a fifteen-minute break in each morning and afternoon, unless they are the only person manning the office.
- C. Other Town offices staffed on less than a full-time basis shall maintain hours that are established by the Town Board or the official in charge of the office.
- PERSONAL LEAVE
- Holidays with pay selected by the employee within a standard workweek.
- PROBATIONARY EMPLOYEES
- An employee who works a full-time schedule but who has not worked six consecutive months for the town.
- STANDARD WORKWEEK
- Five consecutive days, other than Saturday or Sunday, in which each employee shall work as the Town Board shall determine.
- TEMPORARY, SEASONAL, HOURLY OR PER DIEM EMPLOYEES
- Employees of the Town who are hired for a specific job and/or for a specific period of time or a specified number of hours per week, which at the time of employment is not expected to exceed an average of 20 hours per week.
- TIME AND A HALF
- That time in excess of 40 hours in any standard workweek for hourly employees.
- For the purpose of vacation, a calendar week of seven days from Sunday through Saturday inclusive, including, for the purpose of pay, only five normal workdays.
- WORKING DAY
- Each weekday, except Saturday, Sunday or a legal holiday, unless otherwise directed or authorized by the Town Board.
Benefits for employees working less than the regular workweek are as follows:
Sick leave. There shall be no sick leave allowance.
Personal leave. There shall be no personal leave allowance.
Vacation. There shall be no vacation allowance.
Holidays. The employee shall be paid for holidays as if a full-time employee, but may not receive a sum in excess of what the employee might receive if that date were a regularly scheduled work date. (i.e., if the employee works four hours on each Monday, and if Monday is a holiday, the employee would receive four hours of pay for the holiday.)
Medical. Medical coverage is afforded to part-time employees at their own expense effective December 13, 2007.
[Amended 12-13-2007 by Res. No. 323(07)]
Benefits for full-time employees shall be accrued as follows:
Vacation, holidays and days off; leave.
All full-time employees shall be entitled to annual vacations with pay based upon their years of service and employment as follows:
Five days after one full year of employment.
Ten days after two full years of employment.
Eleven days after four full years of employment.
Twelve days after five full years of employment.
Thirteen days after six full years of employment.
Fourteen days after seven full years of employment.
Fifteen days after eight full years of employment.
Sixteen days after 10 full years of employment.
Seventeen days after 12 full years of employment.
Eighteen days after 14 full years of employment.
Nineteen days after 16 full years of employment.
Twenty days after 18 full years of employment.
Twenty-five days after 29 full years of employment.
Years of service shall be computed from January 1 of the year the employee became a full-time employee of the Town of Macedon.
All full-time employees shall be paid for holidays during the year as designated by the Town Board at the annual organizational meeting. A copy of the designated holidays will be distributed to all personnel immediately following the organizational meeting. In the event that any of the holidays set forth above shall fall within a designated vacation period, the employee shall be entitled to a day off for each such holiday which falls within his designated vacation period.
The town, through its designated officials in the case of the Highway Department, the Town Superintendent or his deputy, may designate a week in which all the employees must take all or part of the vacation days to which they are entitled, as the case may be. For example, the Town Highway Superintendent may designate that the Town Highway Department shall be closed in the week in which July 4 shall occur. Anyone not entitled to one week's vacation (five days) must take the vacation and give the Town a day of compensatory time for each day of vacation taken to which the employee was not entitled or, at the Superintendent of Highway's option, take those days without pay.
All vacations are subject to the approval of the head of the department or office, if there is one, and no vacation may be taken without such approval. If there is no supervisor or elected official, all persons desiring to take vacations are to notify the Town Board of the intended vacation schedule. The employee shall also maintain a record of vacation taken.
The department head will forward information to the Supervisor's office. This includes any and all vacations taken, both employees and department heads. This should be updated and forwarded monthly by department heads.
All vacations must be taken in the calendar year during which the employee becomes entitled to the vacation, and no part of such vacation shall be carried over from one year to the next or any succeeding year.
No employee shall be entitled to a vacation or to take a vacation upon the severing of his employment status with the town, even though he would otherwise be entitled to a vacation. In the year in which the employee severs his employment status, he shall be entitled to take a vacation equivalent to that determined by dividing the full days of vacation to which the employee is entitled by 12 months and multiplying the resultant figure by the full months worked in the year that the employment is terminated.
Full-time employees shall have two personal days per year. Personal days may not be accumulated and if not taken will be lost.
Each employee shall be entitled to paid leave as follows:
In the event of the death of an employee's parents, spouse, children, brother or sister, the employee shall be excused from his work at his request and paid a normal day's pay for all days lost, but not exceeding three days, including the day of the funeral. The time taken may include either two days before the funeral or one day after the funeral, or any configuration of those days, but may not exceed three days in total.
In the event of the death of an employee's grandparents, mother-in-law, father-in-law, brother-in-law, son-in-law, sister-in-law or daughter-in-law or stepbrother, stepsister or stepparent, the employee shall be entitled to one day off, provided that it is a normal workday and not a holiday.
All full-time employees, by New York State law, shall be covered by the New York State Retirement System. The Town currently participates in Program 75i for the employees who are in Tiers I and II. All other full-time employees shall participate in those programs which have been approved by the Town Board for which they are eligible under the State of New York Pension and Retirement Rules.
All part-time employees have the option to participate in the New York State Retirement System.
Medical/surgical benefits (health insurance).
[Amended 7-23-1998 by Res. No. 230-98; 12-7-2000]
All full-time employees shall be eligible for medical/surgical benefits under the plan chosen by the Town Board, and the Town of Macedon will cover a portion of the cost of the annual premium.
[Amended 1-6-2010 by Res. No. 29 (2010)]
The Town's contribution is set at 100% of the total premium for a single policy of the designated town policy; any other policy shall be at the expense of the employee over and above the 100% of the cost of the designated Town policy.
The Town's contribution is set at 80% of the total premium for two-person and family policies of the designated Town policy; any other policy shall be at the expense of the employee over and above the 80% of the cost of the designated Town policy.
All coverage at the town's expense terminates upon the death of the employee. The widow(er) may, however, by paying the cost of such coverage, participate in the medical-surgical coverage afforded to Town employees. All payments, pursuant to this subsection, must be received by the Town prior to the date when the Town must transmit its payment to its carrier.
Full-time employees who opt not to participate in the insurance benefits program of the Town are entitled to a nonparticipatory credit, the amount of which is to be determined by the Town Board. This credit shall be applied uniformly across pay periods throughout the year; it is not to be paid as a lump-sum amount. Upon separation from the Town for any reason, any unpaid amount of this credit is forfeited.
Full-time employees of the Town of Macedon who retire at or after the age of 55, in accordance with the rules and regulations of the New York State Retirement System, shall be entitled to the following postretirement health insurance coverage reimbursement at Town expense:
A single policy covering the retiree only as follows:
Years of Service to Town
Percent of Premium
Not to Exceed
The Town Board reserves the unfettered right, free from judicial review, to modify or eliminate this postretirement benefit.
Full-time employees shall be entitled to receive seven sick days per calendar year. Each day of sick leave shall be a day with pay, as if a normal workday, if the employee has earned sick leave.
Employees may accumulate up to a maximum of 120 days. Accumulated sick days may only be used to cover extended illnesses. See Article II of this chapter for treatment of accumulated sick leave upon retirement.
Termination for reasons other than retirement or disability shall mean a forfeiture of the accumulated sick time.
Absence from duty by an employee by reason of his sickness or disability not covered by worker's compensation (disability) law shall be allowed as provided in this subsection and not otherwise.
In the event that the illness or disability shall exceed three days, the department head (Superintendent/Supervisor or Town Board) may require a doctor's certificate as often as weekly that the employee is disabled or too sick to work. A physician's certificate must be filed for each fourteen-day period of absence. In addition to this requirement, the department head may require such reasonable, extra evidence of illness or disability as may be reasonable, including an independent physician's examination by a physician of the department head's choice, at the expense of the town.
Each leave shall be considered for all purposes as earned with continuous service, but in the event of a resignation other than for retirement or discharge of an employee, his accumulated and unused sick leave shall be cancelled, and the employee shall not be paid for such time that has accumulated and not been used.
When a Town employee uses sick days for disability, the number of sick days returned to the employee would be based on the amount the Town is reimbursed for the disability claim. In the event that a Town employee becomes eligible for worker's compensation benefits but still wishes to draw full salary pending any award, he/she is required to use accrued sick pay and/or vacation pay.
Family and Medical Leave Act. The Family and Medical Leave Act (FMLA) allows employees up to a total of 12 calendar weeks during any rolling 12-month period for documented serious medical problems that the employee has or that a member of their immediate family has that requires the employee's attention. This leave is not in addition to the employee's sick leave or sick leave bank allowance. Family and medical leave time, if authorized and warranted, is to run concurrently with other absences so that the total sick leave used during the rolling twelve-month period does not exceed 12 weeks.
Your rights under the Family and Medical Leave Act of 1993. FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to "eligible" employees for certain family and medical reasons. Employees are eligible if they have worked for a covered employer for at least one year, and for 1,250 hours over the previous 12 months, and if there are at least 50 employees within 75 miles.
Reasons for taking leave.
Unpaid leave must be granted for any of the following reasons:
To care for the employee's child after birth or placement for adoption or foster care.
To care for the employee's spouse, son or daughter, or parent, who has a serious health condition.
For a serious health condition that makes the employee unable to perform the employee's job. At the employee's or employer's option, certain kinds of paid leave may be substituted for unpaid leave.
Advance notice and medical certification. The employee may be required to provide advance leave notice and medical certification. Taking of leave may be denied if requirements are not met.
The employee ordinarily must provide 30 days advance notice when the leave is foreseeable.
An employer may require medical certification to support a request for leave because of a serious health condition, and may require second or third opinions (at the employer's expense) and a fitness for duty report to return to work.
Job benefits and protection.
For the duration of FMLA leaves, the employer must maintain the employee's health coverage under any group health plan.
Upon return for FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits and other employment terms.
The use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee's leave.
Unlawful acts by employers. FMLA makes it unlawful for any employer to:
Enforcement. The U.S. Department of Labor is authorized to investigate and resolve complaints of violations.
FMLA does not affect any federal or state law prohibiting discrimination, or supersede any state or local law or collective bargaining agreement which provides greater family or medical leave rights.
Each hourly Town employee shall be entitled to 150% of his hourly pay for each authorized hour over 40 hours worked in any calendar week from Sunday to Saturday inclusive.
In the event that the employee shall be required to work on any holiday, he shall be entitled to his holiday pay, plus the regular days' pay for that date, unless the hours worked shall qualify under time and a half, in which case the employee shall receive his holiday pay, plus 150% of his regular pay.
[Adopted 12-28-1995 by L.L. No. 8-1995]
As used in this chapter, the following terms shall have the meanings indicated:
- A permanent, full-time employee of the Town of Macedon.
- Resignation or the voluntary or involuntary severance for reasons other than misconduct, of an employee from the service of the Town at a time such employee is eligible for receipt of a regular service retirement pension from the New York State Retirement System by means of age and length of service.
- SICK LEAVE
- Number of days or parts thereof afforded to an employee as compensated absence due to illness according to the extant personnel practices and procedures established by the Town Board of the town, as amended from time to time.
- The Town of Macedon.
Town employees retiring from Town service after two continuous years of such service immediately preceding shall be entitled to a cash payment upon retirement equivalent to accumulated days of sick leave in a number no greater than 75 days. This sum shall be paid at a per diem equal to the employee's current daily rate of pay at the time of retirement. To the extent consistent with § 41, Subdivision j, of the New York State Retirement and Social Security Law, such accumulated sick leave shall be added to the employee's length of service calculated upon retirement. A spouse of an otherwise eligible employee, in case of the employee's death during service, shall receive the cash payment the deceased employee would have received had such employee elected retirement at the time of death.
This retirement benefit shall be effective immediately upon its filing with the Secretary of State and applicable to all eligible employees of the Town of Macedon.
This retirement benefit is enacted pursuant to § 10 of the Municipal Home Rule Law and consistent with § 92 of the General Municipal Law.