City of Franklin, NH Article VI Absences

§ 347-27 Vacation leave for full-time regular employees.

A. Vacation leave is approved by the department head or a designee.

(1) It accrues on a weekly basis to all regular employees (full-time) on the following schedule:

	Accrual Period from Date of Hire (years)	Accrual Rate (hours per week)	Annual Vacation (hours)
	0 to 5	1.53	80 (10 days)
	5 to 15	2.30	120 (15 days)
	15 or more	3.07	160 (20 days)

(2) For rotating-shift personnel in the Fire Department who work a forty-two-hour average workweek on an eight-week cycle, the following schedule shall apply:

	Accrual Period from Date of Hire (years)	Accrual Rate (hours per week)	Annual Vacation (hours)
	0 to 5	1.85	96
	5 to 15	2.77	144
	15 or more	3.69	192

(3) Forty-two-hour-week fire personnel shall take vacation by the hour. Vacation leave taken in increments of less than one full shift will be prorated. This policy enables forty-two-hour-week employees and forty-hour-week employees to take an equal number of weeks off for vacation leave.

B. An employee should not take vacation leave during his or her probationary period. Vacation leave taken during probationary period must be approved by the applicable department head and the City Manager.

C. Vacation leave shall be used within one anniversary year after its award or accrual. That is, on employees' hire date anniversaries, they may have up to one year's accrued vacation leave carried over into the next year. Any unused vacation leave in excess of the previous year's total annual accrual shall be immediately forfeited on the hire date anniversary unless the City Manager has approved an exception to policy based upon unusual circumstances. Example: An employee reaching the fourth hire date anniversary with 96 vacation hours accrued but not used will forfeit 16 vacation hours, as only 80 hours (the annual accrual) may be carried over into the next anniversary year.

D. Department heads or their designees shall schedule all vacations in their departments. Department heads shall establish an appropriate advance notice requirement or an annual signup procedure, based on seniority or other appropriate method, that meets the needs of their departments. Department heads may designate reasonable "no vacation" time periods based on known seasonal peak-demand work periods. Unless the department head specifically authorizes an exception, no employee shall take vacation leave in excess of 10 consecutive working days (two workweeks) at one time, regardless of the annual entitlement. Department heads may authorize employees to take vacation leave in fifteen-minute blocks or by the day or week, up to the two-week maximum for one absence, as the needs of the department dictate. Department heads shall not permit two or more key employees to take simultaneous vacation leave in such a manner as to seriously reduce the operational effectiveness of the department.

E. Vacation leave shall be paid at the regular straight-time rate for the number of regular hours normally scheduled for the employee. Employees desiring advance vacation pay prior to taking the leave must make such request through their department payroll clerks at least 15 days before the pay day that the pay is to be received. Under no circumstances will advance vacation pay be paid in an amount exceeding the actual number of accrued vacation leave days (and any paid holidays) being taken. The City shall not grant payment in lieu of vacation leave, except upon termination of employment.

F. When a paid holiday falls within a vacation leave taken by an employee, the employee shall not be charged with having used a vacation day for that date. In the Fire Department, rotating-shift fire personnel on a forty-two-hour average workweek receive holiday pay in addition to regular hours including vacation leave.

G. Vacations for department heads.

(1) All salaried department heads shall annually earn, on their anniversary date, 20 days (160 hours) of vacation. Department heads shall schedule all vacations with approval from the City Manager. The City Manager shall establish an appropriate vacation request procedure for department heads. The City Manager may designate reasonable "no vacation" time periods based on known seasonal peak-demand work periods or when other operational considerations dictate that the department head remain available. Unless the City Manager specifically authorizes an exception, no department head shall take vacation leave in excess of 10 consecutive working days (two workweeks) at one time, regardless of the annual entitlement.

(2) No more than 20 vacation days may be carried over to the following year. Any unused vacation leave in excess of the previous year's total annual accrual shall be immediately forfeited on the hire date anniversary unless the City Manager has approved an exception to the policy based upon unusual circumstances.

§ 347-28 Vacation leave for part-time regular employees.

Vacation days will be given to all part-time regular employees at the same rate as full-time personnel, however prorated based on regularly scheduled weekly hours. They will accrue per week based on the average weekly calculations from above. (Full-time employees get two weeks after the first year and through the fourth year; from five to 14 years get three weeks; and from 15 years or more get four weeks.) All other provisions, including scheduling requirements, will apply from the personnel rules and regulations on vacation leave.[1]

[1] Editor's Note: See § 347-27, Vacation leave for full-time regular employees.

§ 347-29 Extended illness, accident and layoff.

Regular employees who are absent because of illness, accident, or layoff due to lack of work may choose to use accrued vacation leave by submitting a request in advance to the department head during any portion of the absence until such leave is exhausted.

§ 347-30 Termination of employment.

A. An eligible employee who is terminated, voluntarily or involuntarily, after the first hire date anniversary, and has worked out his or her two-week end-of-employment notice, unless waived in part or in full by the City Manager, shall be compensated for the full vacation allowance to which the employee may then be entitled at the employee's rate of pay at the termination date. In the case of eligible employees who die, vacation allowance will be paid to the employee's beneficiary. Any just debts owed to the City may be deducted from this payment.

B. The termination date of an employee leaving the City's work force is the day last worked by the employee. Any request for vacation time to be used during the notice period shall be approved by the City Manager.

C. Payroll deductions for retirement shall be made through the last week of employment in accordance with state law and retirement system regulations.

D. Additional health and disability insurance deductions will be made to provide the necessary amount required to complete a month's premium if one or more deductions have previously been made for the month.

E. It shall be the responsibility of the department head to ascertain that the payroll sheet of the last week worked by a terminating employee contains all of the necessary information needed for the Finance Office to prepare the employee's final checks.

§ 347-31 Sick leave.

All full-time regular employees shall be entitled to sick leave in accordance with the following:

A. Amount; accumulation of unused time.

(1) Each full-time regular employee shall have the equivalent of 96 hours' sick time made available the first day of each fiscal year. Unused sick time may be accumulated to a maximum of 480 hours.

(2) For rotating-shift personnel in the Fire Department who work a forty-two-hour average workweek on an eight-week cycle, each full-time regular employee shall have the equivalent of 101 hours' sick time made available the first day of each fiscal year. Unused sick time may be accumulated to a maximum of 505 hours.

B. Paid sick leave shall be granted for absence from duty for the following reasons:

(1) Illness.

(2) Noncompensable bodily injury or disease.

(3) Exposure to contagious disease; quarantine.

(4) Attendance upon a member of the immediate family whose condition requires the care of the employee, with prior approval by the department head and the City Manager.

(5) Dental and doctor appointments, with prior notice and approval by the supervisor.

(6) Up to three days for adoption or birth of a child.

C. If absence is caused by accident compensable under workers' compensation, then the City shall pay the difference between workers' compensation and the employee's regular pay during the employee's sick leave eligibility. This shall be accomplished in the following manner:

(1) The employee shall endorse the workers' compensation check to be payable to the City of Franklin. Upon receipt of the endorsed check, the City shall issue a check for the week in the amount of the employee's normal weekly wage or salary.

(2) Normally, a delay of some weeks occurs between the illness/injury and receipt of the first workers' compensation check. During this period, employees must use accrued sick leave (and vacation leave, if desired) to receive a paycheck from the City. Upon receiving the endorsed retroactive workers' compensation checks (which the employee is required to submit), the Finance Office will restore the appropriate amount (equivalent to the amount of the checks) or sick and/or vacation leave to the employee's accrued balances. New Hampshire Retirement deductions will also be refunded in the following paycheck as worker's compensation is not considered earnable compensation.

(3) When employees have reduced their accrued leave balances to zero yet remain absent from work and covered by workers' compensation, the City will provide no further payments or subsidies, and employees may cash their workers' compensation checks directly.

D. Upon termination of employment, any unused accumulated sick leave balances are forfeited.

E. If absence is caused by injury covered by workers' compensation, the employee may use sick time for a maximum of 40% of his or her usual workweek.

F. Employees absent for any reason shall report to their department head immediately, giving the reason for their absence. The City Manager and/or department head may require, as a condition precedent to the payment of sick leave, the certification of a qualified physician certifying as to the condition of the employee or a member of his/her family. Whenever sick leave is requested to be used in conjunction with vacation leave, a physician's statement shall be required in each instance. In all cases, a physician's certificate shall be required if the absence is three days or more.

G. If the department head has reason to believe that an employee is misusing sick leave in any way, including but not limited to calling out sick falsely or calling out sick in a regular pattern, the department head may require certification of a qualified physician certifying as to the condition of the employee or a member of his/her family. Any abuse may be subject to disciplinary action up to and including termination.

H. Sick leave may be used in fifteen-minute increments.

I. Sick days will be given to all part-time regular employees on a prorated basis. All other provisions of sick leave in the personnel rules and regulations shall apply.

J. Upon approval of the City Manager, in an extreme emergency, employees may request, in writing, a donation of accumulated, unused sick time to another employee.

K. After completing 30 days' service, full-time regular employees will be covered by the City's current short/long-term disability plan on the first day of the following month. Coverage is at the City's expense for full-time regular employees, subject to the availability of approved funding. Because of delays in receiving disability checks from the insurance company, employees may use available sick and vacation time to continue receiving weekly paychecks. Insurance checks will be signed over to the City, and the employee's leave balances up to the amount of the disability check will be restored. At no time will paid accrued leave balances and paid disability total more than the employee's weekly pay based on the employee's regularly scheduled weekly hours.

§ 347-32 Bereavement leave.

A. Any regular full-time employee shall be excused from work for not more than three consecutive workdays, provided that such excused workdays can be taken in four consecutive calendar days, because of death in the immediate family and shall be paid the normal rate of pay for the scheduled working hours excused.

B. "Immediate family" shall mean spouse, parents, grandparents, children, siblings and their children, mother-in-law, father-in-law, stepparents, stepchildren, a blood relative residing in the same household, significant other residing in the same household and ward residing in the same household.

C. Subject to the approval of the department head, an employee may be granted time off, using the employee's accrued sick leave or unpaid, in the case of death of an employee's relative other than those listed above or a close friend to attend a funeral or services. Such leave shall not be unreasonably requested.

§ 347-33 Emergency family leave.

A. Paid emergency leave, not to exceed two consecutive workdays, may be granted at the discretion of the department head or City Manager in the event of an emergency in the immediate family. "Immediate family" shall mean those as outlined in § 347-32B above. Time off shall be applied to sick leave.

B. Family and medical leave.

(1) Under the Family and Medical Leave Act ("FMLA"), eligible employees may take an unpaid leave of absence and be restored to the same or an equivalent position upon their return to work for any of the following reasons:

(a) The birth of the employee's child and to care for the newborn child (leave must be taken within 12 months of the birth of the child);

(b) The placement of a child with the employee for adoption or foster care, and in order to care for the newly placed child (leave must be taken within 12 months of the adoption or placement of the child);

(c) The serious health condition of a spouse, parent, minor child, or adult child when the adult child is incapable of self care and the employee is needed for such care ("covered family members");

(d) The employee's own serious health condition that renders the employee unable to perform his or her job;

(e) A "qualifying exigency" (as defined in the Department of Labor regulations) arising out of the fact that the spouse, or a son, daughter, or parent, of the employee is on active duty or has been notified of an impending call or order to active duty in the United States Armed Forces in support of a contingency operation as a member of the National Guard or Reserves;

(f) The employee is a spouse, son, daughter, parent, or next of kin of a "covered service member" (as defined in the Department of Labor regulations) who has a serious injury or illness and the employee is needed to care for such person.

(2) Eligibility requirement. The employee must have worked for the City for at least 12 months and must have performed at least 1,250 hours of work in 12 months prior to a leave request.

(3) Leave entitlement.

(a) If an employee takes FMLA leave for a reason stated in Subsection B(1)(a) through (e), above, the employee is entitled to up to 12 workweeks of unpaid leave during a twelve-month period. That twelve-month period is defined as a rolling twelve-month period, measured backward from the date an employee begins an FMLA leave. In other words, the number of weeks the employee has available upon the beginning of an FMLA leave will be 12 weeks less the number of FMLA leave weeks taken in the twelve-month period prior to the beginning of the current FMLA leave (the "available leave weeks"). For example, if an employee used four weeks beginning February 1, 2008, four weeks beginning June 1, 2008, and four weeks beginning December 1, 2008, the employee would not be entitled to any additional leave until February 1, 2009. Beginning on February 1, 2009, the employee would be entitled to four weeks of leave; on June 1, 2009, the employee would be entitled to four additional weeks; and so on.

(b) If an employee takes FMLA leave for the reason stated in Subsection B(1)(f), above, the employee may take up to 26 weeks of unpaid FMLA leave within a single twelve-month period. This twelve-month period begins on the first day of leave. An employee who takes FMLA leave for a reason stated in Subsection B(1)(f), above will be limited to a combined total of 26 workweeks of leave for any FMLA-qualifying reason during the single twelve-month period. The leave entitlement described in Subsection B(1)(f) above is to be applied on a per-covered-service-member, per-injury basis such that an eligible employee may be entitled to take more than one period of 26 workweeks of leave if the leave is to care for different covered service members or to care for the same service member with a subsequent serious illness or injury, except that no more than 26 workweeks of leave may be taken within any single twelve-month period.

(4) Tracking FMLA leave. When an eligible employee requests any leave of absence that qualifies under the FMLA, the City has the right to designate such leave as FMLA leave. For example, if an eligible employee suffers a work-related injury that qualifies as a serious health condition, the City has the right to designate any time away from work as FMLA leave. In such circumstances, the City will provide the employee with the same notifications as though the employee had specifically requested FMLA leave.

(5) Intermittent and reduced-schedule leave.

(a) Under some circumstances, employees may take FMLA leaves of absence intermittently (in separate blocks of time due to a single FMLA qualifying reason) or on a reduced-schedule leave (reducing the usual number of hours an employee works per workweek or workday). Certification will be required to show that an intermittent or a reduced-schedule leave is a medical necessity for leaves under Subsection B(1)(c), (d) and (f), above. Other documentation or certification may be required to show that such an intermittent or a reduced-schedule leave is necessary in the case of a leave of a qualified exigency under Subsection B(1)(e) above.

(b) If FMLA leave is for birth and care, or placement for adoption or foster care, as described in Subsection B(1)(a) and (b), above, use of intermittent leave is subject to the City Manager's approval.

(c) When an employee takes intermittent or reduced-schedule leave, time spent working will not be counted against the employee's FMLA entitlement.

(d) Employees taking intermittent or reduced-schedule leave will be paid for the time they work, and the leave time away from work will be unpaid unless the employee qualifies for workers' compensation, short-term disability, or other benefits. If an employee is a salaried employee, the City will adjust the employee's salary based on the amount of time actually worked.

(e) While an employee is on intermittent or reduced-schedule FMLA leave, the City may temporarily transfer the employee to an available alternate position that better accommodates the employee's recurring leave and that has equivalent pay and benefits.

(f) Employees who take intermittent leave for a planned medical treatment have an obligation to make a reasonable effort to schedule the treatment so as not to disrupt unduly the City's operations.

(6) Status of employee benefits.

(a) Employees are required to use any accrued, unused, paid-time-off days during FMLA leave unless the FMLA leave is otherwise paid through workers' compensation benefits, short-term disability benefits, or other benefits. The substitution of paid leave time for unpaid leave time does not extend the FMLA leave period. Also, the employee's FMLA leave may run concurrently with other types of leave.

(b) During an approved FMLA leave, the City will maintain the employee's health benefits under the same terms and conditions applicable to employees not on leave.

(c) If an employee elects not to return to work at the end of the leave, the employee will be required to reimburse the City for the cost of the premiums paid by the City for maintaining coverage during the unpaid leave, unless the employee cannot return to work because of a serious health condition or because of other circumstances beyond the employee's control. If the FMLA leave is for a condition that is covered under the City's short- or long-term disability insurance, covered employees may apply for benefit coverage.

(d) Benefit entitlements based on length of service will be preserved at the level earned as of the commencement of the leave but will not accrue further during the leave period. For example, an employee on leave will not accrue additional sick/vacation days.

(7) Requesting leave.

(a) Employees must complete the appropriate FMLA leave request forms. These forms are available from the Finance Department.

(b) If an employee's need for leave is foreseeable, such as for the birth of a child or planned medical treatment, you must give your department head 30 days' prior written notice. In cases of planned medical treatment, please make efforts to schedule the treatment to avoid disrupting the City's operations.

(c) If the need for leave is not foreseeable, the employee must give notice to his or her department head as soon as practicable (generally, either the same day or the next business day of learning the employee's need for leave) and the employee must comply with all of the City's policies regarding absences from work. Failure to provide such notice may be grounds for delaying the leave. If the employee is unable to notify the City of his/her need for leave personally because of illness, the employee should ask someone else to call on his or her behalf.

(8) Medical certifications.

(a) If an employee is requesting leave because of the employee's serious health condition, a covered family member's serious health condition, or for the serious injury or illness of a covered service member, the employee must provide a medical certification from the appropriate health care provider. It is an employee's responsibility to provide a complete and sufficient certification. Please obtain a medical certification form from the Finance Department for the health care provider to use. If possible, the employee should provide the medical certification before the leave begins. If that is not possible, the employee must provide the medical certification within 15 days of requesting leave. If the employee does not provide the required medical certification in a timely manner, the employee's leave may be delayed. If you do not provide the certification at all, the City will not be able to determine whether you are eligible for FMLA leave and your leave will be denied. The City reserves the right to authenticate or clarify any medical certification if necessary.

(b) In the case of an employee's own serious health condition, or that of a family member's serious health condition, the City, at its expense, may require an examination by a second health care provider designated by the City. If the second health care provider's opinion conflicts with the original medical certification, the City, at its expense, may require a third health care provider, agreed upon by the employee and the City, to conduct an examination and provide a final and binding opinion.

(c) The City may also require subsequent medical recertification. Failure to provide requested recertifications within 15 days may result in delay of further leave.

(9) Certifications for a qualifying exigency. Employees who request a leave for a qualifying exigency arising from an immediate family member's call to active duty or impending call or order to active duty will be required to provide a copy of the family member's active duty orders or other documentation issued by the military indicating the member is on active duty or call to active duty status in support of a contingency operation. Other documentation certifying the exigency necessitating the leave will also be required.

(10) Confirmation of familial relationship. Employees requesting a leave of absence based on a familial relationship [e.g., leaves under Subsection B(1)(c), (e) and (f)] may be required to provide reasonable documentation or statement of family relationship. This documentation may take many forms, including but not limited to a child's birth certificate, a court document, etc.

(11) Reporting while on leave. If an employee takes leave because of his or her own serious health condition, to care for a covered family member with a serious health condition, to care for a covered service member with a serious illness or injury, or for a qualifying exigency, the employee must contact his/her applicable department head on a regular basis to provide updates about the status of the need for leave (e.g., the medical condition of the employee or the individual for whom the employee is caring, or other circumstances necessitating leave) and the employee's intention to return to work. In addition, the employee must give notice as soon as practicable (within two business days if feasible) if the dates of leave change, or are extended, or initially were unknown.

(12) No work while on leave. The taking of another job (including self-employment) while on FMLA leave may lead to disciplinary action, up to and including discharge.

(13) Returning to work.

(a) At the end of an authorized FMLA leave, the employee will be reinstated to his or her original position or an equivalent position. However, certain highly compensated employees or "key employees" may be denied restoration to their prior or equivalent position if keeping the job open for the employee would result in substantial economic injury to the City. Key employees are those employees who are among the highest paid 10% of employees within 75 miles of the worksite.

(b) If an employee takes leave because of his or her own serious health condition, the employee will not be reinstated until the employee provides a fitness-for-duty certificate from his or her health care provider confirming that the employee is medically able to resume work and perform the essential functions of his or her job. The return-to-work medical certification forms are available from the Finance Department. The City reserves the right to clarify and authenticate such certification.

(14) Coordination with maternity leave. If an employee is also eligible for FMLA leave, the employee's FMLA leave and maternity leave will run concurrently. For purposes of coordinating FMLA and maternity leaves, maternity disability leave will be treated in the same manner as the FMLA leave of absence described in Subsection B(1)(d) above. Maternity disability leave begins when an employee is medically determined to be disabled and ends when medically determined to be able to return to work. If a maternity disability leave is for the number of available FMLA leave weeks or less, the employee may take additional FMLA leave pursuant to Subsection B(1)(a) or (b) after the end of the disability period, not to exceed the number of remaining available leave weeks and will be reinstated in accordance with this FMLA policy.

(15) Coordination with other City policies/reference to FMLA and federal regulations.

(a) In the event of any conflicts between this policy and other City policies, the provisions of this policy will govern. The FMLA and the FMLA regulations issued by the United States Department of Labor contain many limitations and qualifications that are not stated in this policy. The City reserves the right to apply the terms of the FMLA and the FMLA federal regulations.

(b) Any questions relative to FMLA leaves, including eligibility requirements, should be directed to the City Finance Department.

C. Emergency child care. No employee shall provide child-care services on City property during his or her workday. All employees are expected to make appropriate off-site arrangements for child care, including infant care. At the time of an unforeseen emergency circumstance, the City Manager may make an exception to this rule, not to exceed two successive workdays.

§ 347-34 Leaves of absence.

Any employee not actively working and still in the employ of the City of Franklin is considered on leave of absence. Most leaves are paid by the employee's accrued leave time, i.e., vacation, sick, etc., worker's compensation, or disability. However, the City of Franklin recognizes that due to personal circumstances, it may be necessary for an employee to request more time off than is provided under our policies.

A. Paid leave of absence. These leaves of absence are paid by the employee's accrued leave time, i.e., vacation, sick, etc., worker's compensation, or disability, depending on the circumstances of the leave and definitions of leave usage per applicable leave policies. These leaves are generally approved by the applicable department head unless otherwise noted.

B. Unpaid leave of absence of 30 days or less. Leave of absence of 30 days or less during a calendar year:

(1) Non-FMLA leave of absence of 30 days or less during one calendar year will be considered.

(2) Health and dental insurance payments will be made by the City. Necessary deductions from the employee to complete a month's premium, if one or more deductions have been made, will be taken from the employee's last paycheck before leave takes effect.

(3) Short/long-term disability and life insurance payments will be made by the City.

(4) Sick leave will continue to accumulate.

(5) Holidays occurring during leave of absence will be paid.

(6) Seniority will continue during leave of absence.

(7) Accrued vacation leave will be taken prior to the granting of leave of absence. Vacation leave will not accrue during leave of absence.

C. Unpaid leave of absence of greater than 30 days. Leave of absence of over 30 days:

(1) Health and dental insurance payments by the City will cease at the end of the month during which leave commences. The employee may elect, for the first 90 days of leave, to continue in the group plan by making a monthly payment to the Finance Officer for the amount billed for his/her particular membership. Membership will terminate if payment is not received by the last working day of the month. For leave in excess of 90 days, arrangement for the continuation of Blue Cross/Blue Shield and Delta Dental nongroup coverage is the responsibility of the employee.

(2) Short/long-term disability and life insurance payments by the City will terminate at the end of the month during which the leave of absence begins.

(3) Sick leave will not accumulate during leave of absence.

(4) Holidays will not be paid during leave of absence.

(5) Seniority will not be lost during leave of absence. Seniority will not accrue during leave but will remain frozen at the time leave is granted.

(6) All accrued sick leave earned prior to the taking of a leave of absence will be available to the employee upon his return to employment by the City, if applicable.

D. Leaves of absence of longer duration than one year, other than for military duty will not be granted except by vote of the City Council.

E. All requests for unpaid leave of absence will be considered on a case-by-case basis, taking into account the City's staffing needs and other factors.

F. All requests for unpaid leave of absence must be submitted in writing and authorized by the department head and City Manager.

G. Probationary employees shall have their probationary periods extended by the amount of time of the leave of absence.

H. All applicable leave time must be used prior to granting an unpaid leave of absence.

I. Any employee accepting employment or conducting a business during an unpaid leave of absence shall be deemed a voluntary quit. Any employee who fails to return on the agreed-upon date shall be terminated by reason of having abandoned his or her job.

J. Any employee who becomes disabled while in the employ of the City may make application for a leave of absence up to six months. Accrued sick, vacation, and other leaves must be exhausted before leave without pay commences. The provisions of Subsection C above will be applicable. Upon completion of the leave of absence, the City Manager will determine if the disability conditions warrant continuation of the leave or termination of the employee.

§ 347-35 Reporting absences.

A. Employees working a shift that requires a replacement when absent shall notify their department heads or their designees at least one hour before the start of their duly shifts for each absence.

B. Employees absent for any reason shall report to their department head immediately, giving the reason for their absence. As a condition to the payment of sick leave, the City Manager and/or department head may require the certificate of a qualified physician, certifying as to the condition of the employee or a member of his or her family. In all cases, a physician's certificate shall be required if the absence is three days or more.

§ 347-36 Rules and regulations governing vacations and sick leave.

Rules and regulations governing vacations and sick leave shall apply as of the date of employment.

§ 347-37 Layoffs.

A. Reason for layoff. Any employee may be laid off whenever it is necessary to reduce the number of employees in any department because of shortage of work or funds, abolition of a position, change in departmental functions or organization or for related reasons which cannot reflect discredit upon the employee.

B. Order of layoff. Employees shall be laid off, insofar as possible, in inverse order of length of service within the class of positions; provided, however, that employees appointed by the City Manager may be laid off without regard to order of seniority under the following conditions:

(1) The department head shall submit to the City Manager a written statement giving reasons why the employee to be retained has rendered service to the City which is superior to that of the employee to be laid off.

(2) The City Manager approves or denies the recommendation of the department head.