The following words, terms and phrases, when used in this division,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The month of January, the month of February, etc.
Office, department, division, board or commission.
Service in any department of the City. The word "service" shall also mean service in any subdivision of the City. In order to credit such prior service toward his vacation status, an employee must submit to his department head a sworn statement of such service executed by the appropriate official of such subdivision. Military leave, court leave, industrial accident leave, and absence with pay under the rules governing vacations, sick leave or other leave with pay shall be counted as service under § 50-192A.
The number of days, excluding holidays, in the regular workweek
of an employee.
[Amended 8-22-2000 by Ord. No. 2000-23]
A.
Employees of the City, except emergency employees, shall be credited
as of December 31 with vacation leave with pay not to exceed the following:
(1)
For less than one year's service completed on December 31, a vacation
leave of one day for each calendar month, not to exceed 10 days. Vacation
leave credit will begin at once for employees starting work on the
first working day of a calendar month; otherwise it will begin on
the first day of the following calendar month.
(2)
For each of the next succeeding four years completed from January
1 following the date of employment, a vacation leave of two weeks.
If an employee enters the City service on the first working day of
a vacation year, that year shall constitute the first of the four
years mentioned in this subsection.
(3)
For each of the next succeeding five years, a vacation leave of three
weeks.
(4)
For each year after the ninth such year completed, a vacation leave
of four weeks.
(5)
For all employees represented by Local 526, for each year after the
14th year completed, a vacation leave of five weeks, and one additional
day's vacation for each year after the 19th year completed, up to
a maximum of 30 days' vacation.
(6)
For all members of the park police, for each year after the 19th
year completed, a vacation leave of five weeks.
(7)
For all employees represented by Local 3177, for each year after
the 14th year completed, a vacation leave of five weeks, and one additional
vacation day for each year after the 20th year completed, up to a
maximum of six weeks. Any employee who has been continuously employed
for a period longer than one year shall be granted two personal days
for each calendar year this agreement is in effect. Such personal
days shall not be cumulative from year to year, except that employees
shall be allowed to carry over one day in the next calendar year,
for a total of three days, one carryover day and two days accrued
during the carryover year, and employees having a minimum of one year's
continuous service prior to July 1, 1981, shall be entitled to one
personal day for the period from July 1, 1981, to December 31, 1981,
which personal day shall be used prior to January 1, 1983. Personal
days shall be requested by written notice to and received by the appropriate
department head at least 24 hours prior to the intended personal day.
In the event of an emergency, notice shall still be given to such
department head, but the notice need not be written or prior to such
twenty-four-hour period.
(9)
For all employees represented by the Fall River Employees' Association, for each year after the 14th such year completed, a vacation leave of five weeks. Vacation leave shall be earned and credited as provided in § 50-193. Each employee may take off, in each calendar year, without penalty or loss of earnings or dilution of any other rights under this chapter, two days, in addition to all other days off to which he is entitled under this contract. To the extent practicable, such employee shall give reasonable notice thereof to his department head prior to his absence. For the purpose of this subsection, such days off shall be known as "personal days."
B.
When an employee is on leave without pay or absent without pay for
15 days or more, such leave or absence must be deducted proportionately
from the vacation leave credits for that vacation year. The number
of days to be deducted from the vacation leave credits will be determined
by using the number of days of leave without pay (15 days or more)
as the numerator. The number of days the employee is required to work
for the year will be the denominator. This result will be multiplied
by the number of days of vacation credits for that vacation year.
The vacation year shall be the period from January 1 to December 31,
inclusive.
Vacation leave earned during any vacation year shall be credited
on January 1 and shall be available during the next vacation year.
The provisions of § 50-192 shall not apply to employees of the School Department or to the uniformed members of the Police and Fire Departments.
Appointive officers may grant vacation leave as provided in § 50-192 at such times during the vacation year as will best serve the public interest. Preference should be given employees on the basis of years of employment by the City.
Absence on account of sickness in excess of that authorized
under any rules therefor or for personal reasons not provided for
under sick leave rules may, at the discretion of the appointing authority,
be charged to vacation leave.
Upon the death of a City employee who is eligible for vacation
leave under the provisions of this division, payment shall be made
in an amount equal to the vacation allowance as earned in the vacation
year prior to the employee's death but which had not been granted,
and, in addition, that portion of the vacation allowance earned in
the vacation year during which the employee died, up to the time for
his separation from the payroll; provided that no monetary or other
allowance has already been made therefor. The City Auditor may, upon
request of the appointing officer of the deceased employee, authorize
the payment of such compensation upon the establishment of a valid
claim therefor, in the following order of precedence:
A.
Generally. Employees who are eligible for vacation leave under this
division whose services terminate by dismissal, through no fault or
delinquency of their own, by retirement, or by entrance into the defense
forces shall be paid an amount equal to the vacation allowance as
earned in the vacation year during which such dismissal, retirement
or entrance into the defense forces occurred, up to the time of separation;
provided that no monetary or other allowance has already been made
therefor. The provisions of this subsection shall not apply, however,
to employees appointed by and serving at the pleasure of the Mayor.
B.
Resignation or dismissal for cause. Employees whose services terminate
through resignation or through dismissal for cause shall not be entitled
to salary in lieu of any vacation not taken.
C.
Reinstated or returning employees. Employees who are reinstated, who are reemployed, or who return from leave of absence without pay shall be entitled to their vacation status at the termination of their previous service and allowed such proportion of their vacation under § 50-192 as their actual service bears to full time for the same vacation year. No credit for previous service may be allowed where reinstatement occurs after an absence of three years.
A.
Any employee who resigned or was granted a leave of absence to enter
service in the Armed Forces of the United States under the provisions
of Acts of 1941, c. 708, as amended, or of Acts of 1950, c. 805, or
any amendment thereof, and who, upon honorable discharge from such
service in the Armed Forces, has returned or returns to the service
of the City, shall be paid an amount equal to the vacation allowance
as earned in the vacation year prior to his entry into such service
in the Armed Forces which had not been granted prior to military leave
and, in addition, that portion of the vacation allowance earned in
the vacation year during which he entered such service, up to the
time of military leave; provided that no monetary or other allowance
has already been made therefor.
B.
Employees reinstated after military leave referred to in this section shall be eligible for and may, upon application, be granted, prior to the next December 31, one full year's vacation allowance under § 50-192 for the vacation year in which they return; provided that, prior to such military leave, vacation had not been granted or compensation paid in lieu thereof for the same year. If an insufficient period of time remains in that vacation year to permit the granting of a full vacation allowance, the entire period remaining may be so granted. Neither the grant authorized in this subsection nor absence due to military leave shall in any way affect the full vacation grant due to such employees in the vacation year following return from military service.
Each department of the City shall keep a register showing records
of vacations, both accrued and granted, for each employee.
Vacation credits shall accrue to an employee while on a leave-with-pay
status or on industrial accident leave.
The vacation status of an employee shall not be affected by
absence with pay.
Vacation leave earned following a return to duty after leave
without pay or absence without pay shall not be applied against such
leave or absence.
An employee whose employment by the City is uninterrupted shall
retain all accrued vacation credits.
Vacation leave earned in the state, towns, other cities, counties
or districts, the federal government, etc., shall not be transferred
to City service.
Under no circumstances shall vacation leave become cumulative.
Employees who are duly elected or appointed delegates to conventions
of veterans' organizations to be held in the commonwealth shall be
allowed time off, not in excess of three days, if such time is necessary
in order to attend such conventions.
