[Adopted 2-7-2006 by Res. No. 113-2006 (Ch. 631, Art. XII,
of the 1985 Code)]
Upon the effective date of this article, if any nonexempt employee
in any County department, office, or agency accepts an appointment,
promotion or transfer to a position of employment that is designated
as the status of an exempt employee in any County department, office,
or agency under the terms of this article, or any exempt employee
in any County department, office, or agency whose salary, as a result
of a salary increase, is equal to or exceeds $40,000 annually, then
such individual shall have his or her accrued sick leave day accruals
frozen and computed as to dollar value and as to title or position
held by such employee as of the effective date of such appointment,
promotion or transfer to the position or status of exempt employee
in any County department, office, or agency. Upon separation from
County service by retirement or death, such exempt employee in any
County department, office, or agency shall be granted payment for
any unused accumulated sick leave accruals earned subsequent to the
effective date of this article at the rate of one day paid for every
four days accumulated, up to a total of 90 days paid for 360 days
accumulated.
Any unused accumulated sick leave days accrued on or after the
effective date of this article by any exempt employee in any County
department, office, or agency shall be paid upon such employee's
separation from County service by retirement or death, notwithstanding
the provisions of Resolution No. 659-1988 or 655-2001,[1] at the rate of one day paid for every four days accumulated,
up to a total of 90 days paid for 360 days accumulated.
A.
Upon separation from the County service by retirement or death, no
employee shall be paid an amount of sick time pursuant to Resolution
No. 659-1988 or 655-2001 or this article that, in the aggregate, exceeds
the combined maximum amount allowable pursuant to the conditions contained
in Resolution Nos. 659-1988 and 655-2001.[1]
B.
Any other provisions of Resolution No. 659-1988 or 655-2001 not specifically
addressed by this article remain in full force and effect.
C.
The County Director of Personnel and Labor Relations is hereby authorized, empowered, and directed to issue and promulgate such rules and regulations as he or she shall deem necessary to implement the provisions of this article in a manner that is consistent with Exhibit A, as set forth in § 935-52 below.
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1988 Formula
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For an exempt employee in any County department, office, or
agency as of December 31, 1988, who accrued sick leave prior to December
31, 1988, and such time remains unused at the time of separation from
County service, either by retirement or death, such unused sick leave
shall continue to be frozen and paid pursuant to Paragraph No. 2 of
the first Resolved clause of Resolution No. 659-1988,[1] at the rate of one day to be paid for every four days
accumulated, up to a total of 90 days paid for 360 days accumulated.
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1989 Promotion/Threshold Formula
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For an exempt employee in any County department, office, or
agency who gained coverage under Resolution No. 659-1988[2] on or after January 1, 1989, but prior to the effective date of this article, by accepting an appointment, promotion or transfer to a position of employment that is designated as the status of an exempt employee in any County department, office, or agency under the terms of Article I of Chapter 935 of the Suffolk County Code, or any nonexempt employee in any County department, office, or agency whose salary, as a result of a salary increase, is equal to or exceeds $40,000 annually, who accrued sick leave prior to being appointed to a covered exempt position, and such time remains unused at the time of separation from County service, either by retirement or death, such unused sick leave shall continue to be frozen and paid pursuant to Paragraph No. 6 of the first Resolved clause of Resolution No. 659-1988, to the extent that such accruals would be payable at separation from service under any pertinent collective bargaining agreement entered into by the County of Suffolk and a pertinent recognized or certified employee organization applicable at the time of appointment, promotion, transfer, or salary increase.
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2001 Formula
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The 7th Resolved clause of Resolution No. 655-2001[3] is hereby limited in its applicability to accruals occurring
on or before the effective date of this article.
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