[R.O. 2007 §26-59]
For the purpose of this Article, the phrase "working day" shall mean any day on which an employee or officer of the City actually works or would work under ordinary circumstances. Saturday and Sunday shall not be considered as working days unless the officer or employee normally works on Saturday or Sunday. Furthermore, the word "year" shall be construed to mean the fiscal year of the City.
[R.O. 2007 §26-60]
Regular holidays, Saturdays and/or Sundays which may fall or occur during a vacation, sick or other leave period of any officer or employee of the City shall not be considered as a day's vacation, sick or other leave.
[R.O. 2007 §26-61; Ord. No. 3742 §1, 1-5-1970; Ord. No. 4248 §2, 4-4-1977; Ord. No. 4591 §1, 6-1-1981; Ord. No. 5516 §1, 1-6-1992; Ord. No. 6689 §1, 3-15-2004; Ord. No. 7009 §1, 12-3-2007]
All regular employees of the City shall receive eight (8) hours straight time pay for the following holidays or days legally observed as such:
Employee's Birthday
New Year's Day, January 1
Martin Luther King's Birthday, the third (3rd) Monday in January
Presidents' Day, the third (3rd) Monday in February
Good Friday
Memorial Day, the last Monday in May
Independence Day, July 4
Labor Day, the first (1st) Monday in September
Veterans Day
Thanksgiving Day, the fourth (4th) Thursday in November
Day after Thanksgiving
Christmas Eve, December 24
Christmas Day, December 25
When December twenty-fourth (24th) falls on a Saturday or Sunday, the preceding Friday shall be granted as a paid holiday.
[R.O. 2007 §26-62; Ord. No. 3742 §4, 1-5-1970]
When any legal holiday observed by the City listed in Section 120.330 shall fall on a Saturday, the preceding Friday shall be designated as the legal holiday. When any holiday falls on a Sunday, the following day (Monday) shall be designated as the legal holiday.
[R.O. 2007 §26-63; Ord. No. 3742 §3, 1-5-1970]
Temporary employees of the City shall not be required to report to work on the designated legal holidays of the City, but they will not receive wages unless they actually worked.
[R.O. 2007 §26-64]
Hourly employees required to work on any observed holiday shall receive double time for all time worked.
[R.O. 2007 §26-65; Ord. No. 5262 §2, 3-6-1989]
If an employee is absent without acceptable reason from his/her work the day immediately preceding or the day immediately following a holiday observed by the City, he/she shall not receive holiday pay. No employee off work due to illness or disability who has exhausted his/her accrued personal sick leave shall be entitled to holiday pay.
[R.O. 2007 §26-66; Ord. No. 4248 §3, 4-4-1977; Ord. No. 4366 §§1 — 2, 12-18-1978; Ord. No. 5516 §1, 1-6-1992; Ord. No. 6272 §2, 6-5-2000]
Each regular employee of the City who is not covered under a different contract shall receive vacation leave with pay based upon his/her years of service as follows:
Years of Service
Leave Accumulated
After 1 year
Five (5) days
After 3 years
Ten (10) days
After 5 years
Fifteen (15) days
Said employee shall accumulate an additional one (1) day of leave with pay for each year of service after ten (10) years of service (e.g., eleven (11) years = sixteen (16) days, twelve (12) years = seventeen (17) days, etc.) up to twenty (20) days for fifteen (15) years of service. At the beginning of the employee's twentieth (20th) anniversary year, he/she will receive an additional five (5) days of vacation for a maximum of twenty-five (25) days.
[R.O. 2007 §26-67; Ord. No. 4591 §1, 6-1-1981]
A. 
The dates of an employee's vacation leave shall be selected by April first (1st) of each year. Selection of such dates up to this time shall be by seniority.
B. 
Employees having more than one (1) week vacation time shall be allowed one (1) split thereof during the vacation period. Employees splitting vacations shall make their first (1st) choice of dates for such vacation and after selection of vacation dates by all other employees, then shall make their second (2nd) choice of vacation dates.
C. 
Employees having more than two (2) weeks' vacation shall be allowed to split vacation time in one (1) week increments more than once.
[R.O. 2007 §26-68]
Annual vacation leave may be taken as earned by the employee or in any other amount as desired by the employee, subject to the approval of his/her department head. Vacation leave shall not be paid for unless the same is actually taken. Leave taken in excess of that earned and credited shall be without pay.
[R.O. 2007 §26-69]
Annual leave credits accumulated by each employee as of the adoption of this Code shall be retained as of the effective date of this Code.
[R.O. 2007 §26-70]
The City Manager is hereby authorized to pay as terminal pay all unused annual vacation leave time. In the event such employee is suspended or dismissed, the payment of such terminal pay shall be solely within the discretion of the City Manager.
[R.O. 2007 §26-71]
An employee of the City who desires to take an educational course or courses utilizing out of hours time and at his/her own expenses, which course or courses will improve the employee's knowledge and capabilities for his/her work with the City, may, with the approval of the City Manager, draw cash in lieu of accumulated vacation leave in an amount not to exceed the equivalent of ten (10) days' vacation leave. In all cases, the vacation leave must have already been accumulated and the payment check will be made jointly to the employee and the education institution involved. This shall only apply where the course or courses taken require payment of money by the employee for payment to the institution involved and will not be allowed where the course or courses are free.
[R.O. 2007 §26-72]
City employees who shall die while working for the City shall be entitled to payment for all of the accumulated vacation leave credited to his/her account. All such leave computations shall be at the regular rate of pay of the employee at the time of death. Such accumulated leave payment shall be paid to the spouse, if any, and if not, to the children in equal shares and if none, then to the estate of the deceased.
[R.O. 2007 §26-73; Ord. No. 5516 §1, 1-6-1992]
A. 
Sick leave with pay shall not be a right which an employee may demand but a privilege granted to such employee by the City for the benefit of the employee when he/she is sick.
B. 
Sick leave may be granted to an employee if he/she shall be absent from work due to any of the following: Sickness, bodily injury, quarantine, required physical or dental examinations or treatment, exposure to a contagious disease when continued work might jeopardize the health of others.
C. 
Absence from work resulting from intemperance, immorality, willful misconduct or as the result of injury while working for another employer or acting as a contractor shall not be charged against the sick leave or the employee.
D. 
Claiming sick leave under false pretense to obtain a day off with pay shall be grounds for immediate dismissal from work for cause.
[R.O. 2007 §26-74; Ord. No. 4478 §1, 5-5-1980; Ord. No. 4591 §1, 6-1-1981; Ord. No. 4752 §1, 7-5-1983; Ord. No. 5262 §2, 3-6-1989; Ord. No. 5516 §1, 1-6-1992; Ord. No. 6584 §1, 3-3-2003; Ord. No. 6612 §1, 5-19-2003; Ord. No. 6636 §1, 8-4-2003; Ord. No. 7018 §1, 1-7-2008; Ord. No. 7032 §1, 3-3-2008; Ord. No. 21-43, 8-2-2021]
A. 
All regular employees shall accrue leave at the rate of twelve (12) hours sick leave for every calendar month worked. Sick leave may be accumulated to a maximum of one thousand forty (1,040) hours. An employee shall be eligible for sick leave after ninety (90) days of service; however, sick leave benefits will begin accruing from the date of employment. Sick leave must be earned and credited to an employee's account before sick leave benefits will be paid. No sick leave benefits will be paid in advance.
B. 
An employee who has accumulated the maximum number of sick leave days and who subsequently exhausts all of those sick leave days as a result of a serious illness or injury shall, upon his/her return to work for ninety (90) uninterrupted working days, be credited for sick leave on a three (3) for two (2) basis until said employee once again accumulates the maximum number of sick leave days. Any employee who has used not more than one-half (½) sick leave day for a preceding quarter shall have added to his/her accumulated vacation days one (1) day for each such quarter. A day earned in the last quarter of the calendar year shall be carried forward and available to said employee for vacation in the following calendar year. Any employee who has used no sick leave days for a preceding year shall have added to his/her accumulated days one (1) additional day. No employee off work due to illness or disability who has exhausted his/her accrued personal sick leave shall be entitled to holiday pay.
[R.O. 2007 §26-75; Ord. No. 5262 §3, 3-6-1989; Ord. No. 5516 §1, 1-6-1992; Ord. No. 6272 §1, 6-5-2000; Ord. No. 7017 §1, 12-17-2007]
Employees who retire within the guidelines of this contract and LAGERS LT-8 (65) shall be allowed to take time off earlier than those guidelines required by using forty percent (40%) of all accumulated sick leave time and shall receive a normal full City paycheck during that time, forty percent (40%) of accumulated sick leave prior to actual date of retirement. There will be no City benefits earned while taking off the forty percent (40%) of accumulated sick leave prior to actual retirement.
[R.O. 2007 §26-76; Ord. No. 5262 §4, 3-6-1989; Ord. No. 5516 §1, 1-6-1992]
A. 
To be absent on sick leave, an employee must notify his/her supervisor as early as practical on the first (1st) day of such leave and those employees classified as shift workers shall notify their supervisor at least two (2) hours in advance of their regularly scheduled hour for reporting to work, if possible. Failure to give such notice shall result in the absence being charged to leave without pay.
B. 
Permission for sick leave for medical examinations, treatments or dental work shall be obtained at least two (2) days prior to beginning of leave. Employees covered herein shall be granted up to two (2) days per year of such leave.
C. 
Employees covered herein shall be granted up to eight (8) days per calendar year of his/her annual sick leave for emergencies that arise as a result of sickness or accident to a member of his/her immediate family living in the employee's household requiring his/her attention and for hospitalization or surgery of a son or daughter not living in the employee's household requiring his/her attention. Time under family sick leave may not be accumulated.
[R.O. 2007 §26-77]
A. 
The Supervisor shall take prompt and necessary action as may be deemed appropriate when:
1. 
Injuries on the job become frequent and due to personal carelessness.
2. 
Recurring periods of illness that indicate a lack of good health or physical fitness.
3. 
Reasonable grounds for suspecting malingering.
[R.O. 2007 §26-78; Ord. No. 4591 §1, 6-1-1981]
If an employee appears to be abusing sick leave or consistently uses sick leave as it is earned, the City reserves the right to require the employee to furnish a doctor's certificate documenting any alleged illness. The City shall notify the employee claiming sick leave within twenty-four (24) hours of the reported illness that a doctor's certificate will be required to substantiate the application for sick leave. In any event, an employee claiming sick leave for three (3) consecutive days will be required to submit a doctor's certificate documenting any alleged illness.
[R.O. 2007 §26-80]
The City may require a physician's certificate as to the nature of the illness and as to the employee's physical capacity to resume his/her duties for each occasion on which an employee uses sick leave. The employee's department head shall be responsible for the application of this provision to the end that there will be no abuse of sick leave privileges.
[R.O. 2007 §26-81]
Annual sick leave or time that can be credited to accumulative sick leave earned by an employee prior to the adoption of this Code shall be retained as of the effective date of this Code.
[R.O. 2007 §26-82]
All sick leave credits accumulated by an employee of the City shall end and terminate when the employee retires, resigns or is dismissed by the City.
[R.O. 2007 §26-83]
Any employee injured while on duty shall continue to accumulate seniority during his/her absence due to such injury and shall be reinstated upon recovery to his/her former position with full seniority rights, provided he/she is physically qualified to return to work.
[R.O. 2007 §26-84]
A. 
Employees who are injured while on duty shall immediately seek first aid and if the injury requires, be taken to a doctor or a doctor be called.
B. 
The injured employee shall complete the accident report form furnished by the City as soon after an accident as possible.
[R.O. 2007 §26-85]
Any employee who is disabled because of injury while on duty shall receive his/her regular straight time rate of pay less any pay received as Workers' Compensation up to twelve (12) weeks. If disability continues over twelve (12) weeks, no further City compensation will be paid. No employee in any one (1) year period shall be entitled to more than twelve (12) weeks pay from job injury regardless of the number of accidents in such year.
[R.O. 2007 §26-86; Ord. No. 4425 §1, 9-4-1979]
Maternity leave shall be granted under the same conditions as the provisions of the Family Maternity Leave Act.
[R.O. 2007 §26-87]
A. 
Supervisors may, in appropriate circumstances, grant leave of absence without pay for a period not to exceed two (2) weeks. If such leave of absence is requested for a longer period of time, the special approval of the proper authority shall be secured.
B. 
A leave of absence without pay shall not be granted in order that the employee may accept or seek temporary employment or more remunerative employment elsewhere.
[R.O. 2007 §26-88; Ord. No. 4469 §1, 4-7-1980; Ord. No. 6296 §1, 8-21-2000]
All officers and employees of this City or of any department thereof who are or may become members of the National Guard or of any reserve component of the Armed Forces of the United States, shall be entitled to leave of absence from their respective duties without loss of time, pay, regular leave, impairment of efficiency rating or of any other rights or benefits, to which otherwise entitled, for all periods of military services during which they are engaged in the performance of duty or training in the service of this State or of the United States under competent orders; except that an officer employee while on such leave shall be paid his/her salary or compensation for a period not to exceed a total of fifteen (15) calendar days in any Federal fiscal year. Such an employee shall be entitled to the employee's standard salary in addition to such military pay as the employee receives while said employee is engaged in the performance of such military duties. Military leave shall not be charged against the annual leave to which the employee may be eligible.
[R.O. 2007 §26-89]
Time and pay will be allowed for actual time spent in reporting or serving for jury duty. When actually serving on a jury, the full eight (8) hour shift will be considered as leave with pay. The pay allowed to the employees during this leave shall be less the sum received for reporting for or serving on the jury.
[R.O. 2007 §26-90; Ord. No. 4752 §2, 7-5-1983; Ord. No. 5516 §1, 1-6-1992; Ord. No. 20-81, 12-21-2020]
A leave of absence with pay of reasonable duration, not to exceed five (5) days, will be allowed when an employee's husband, wife, son, daughter, father, or mother dies. Four (4) days of absence with pay will be allowed when an employee's sister or brother dies. Three (3) days of absence with pay will be allowed to attend the funeral of a father-in-law, mother-in-law, brother-in-law, sister-in-law, grandparents or grandchildren, stepmother, stepfather, and stepchildren.
[R.O. 2007 §26-91]
A special leave of absence at full or part pay may be granted by the City Manager upon recommendation of the department head to permit a City employee to take courses of study which will better equip the employee to perform his/her duties for the City.