[Adopted 3-1-1973 as §§ 2-26
through 2-50 of Ch. 2 of the 1973 Code]
The rules and regulations set forth in this
article are hereby established and adopted as the official attendance
rules and regulations governing vacations, sick leaves and leaves
of absence for officers and employees of the City.
The purpose of the rules set forth in this article
is to insure equitable treatment of employees and to provide uniformity
in matters of attendance, vacations, sick leaves, leaves of absence
and holidays, insofar as practicable and consistent with the efficient
conduct of the City's business.
[Amended 9-1-1994]
The provisions of this article shall apply to
any person directly employed and compensated by the City on a full-time,
regular basis, unless a particular law, section or subarticle specifically
provides to the contrary; in such event, only the terms of the specified
law, section or subdivision shall apply. Any other provisions of this
chapter notwithstanding, the City Council may by resolution adopt,
and from time to time amend, a personnel employment policy which applies
to employees who are not part of a collective bargaining unit.
A.
General provisions. The basic workweek shall run Monday
through Friday. In a City government, different employees perform
many different jobs. Because of this, some employees have irregular
hours of work and some are required to work a greater number of hours
per week than others. Employees in certain positions regularly work
evenings and weekends because some of our City services must be performed
around the clock.
B.
Authority of Mayor to establish. The Mayor shall establish
the average number of hours per week for any officers and employees,
but in no event shall such number of hours be less than 35 hours per
week for any officer or employee, unless otherwise specified in the
rules set forth in this article.
C.
Fire fighters. The average number of hours per week
that fire fighters shall work shall be 56.
D.
Police officers. The average number of hours per week
that police officers shall work shall be 40.
Each employee, with the exception of department
and bureau heads, must record his/her attendance on a time card or
attendance sheet. Falsification of this time record is cause for dismissal.
The time record shall be submitted to the Department of Finance weekly.
Employees are required to report to work on time, both morning and
lunch time. Tardiness will result in a payroll deduction. Accumulated
tardiness of more than 1/2 hour in any payroll period (one week)
shall be deducted from the employee's pay. Department and bureau heads
shall submit an attendance memorandum bi-weekly to the Department
of Finance, listing his/her absences from work for such period, noting
how his/her accruals for such absences should be charged. Habitual
tardiness is cause for suspension or dismissal.
A.
Sundays and holidays.
(1)
All Sundays and legal holidays enumerated herein shall
be allowed as days off, or days shall be allowed in lieu thereof.
(2)
The days prescribed by law for the observance of New
Year's Day, Lincoln's Birthday, Washington's Birthday, Memorial Day,
Independence Day, Labor Day, Columbus Day, Election Day, Veteran's
Day, Thanksgiving Day and Christmas Day shall be observed as holidays;
when any such day falls on Saturday, it shall be observed as a holiday
on the preceding Friday or following Monday.
(3)
A pass day is a day off in lieu of a Sunday on which
the employee is required to work. When such pass day falls on a day
observed as a holiday pursuant to this rule, such day off shall not
be charged as a pass day.
B.
Vacation:
(1)
All City employees shall be entitled to vacation,
according to the number of years they have been in the service of
the City, as follows:
|
Length of Service
(full years)
|
Vacation Days
| |
|---|---|---|
|
1 through 5
|
10
| |
|
6 through 10
|
15
| |
|
after 10
|
20
|
(2)
Official holidays occurring during a vacation may
be added to the vacation. Vacation will be credited to the employee
as of January 1 of each year.
(3)
A part-time employee who is required to work a fixed
number of hours, five days per week, shall also receive vacation as
provided herein, but his/her total pay for such period of vacation
shall be the amount which would have been due if he/she had been working
regularly at his/her usual hours for such period.
(4)
A leave of absence without pay, or a resignation followed
by reinstatement or reemployment in City service within one year following
such resignation, shall not constitute an interruption of continuous
service for the purposes of this section; provided, however, that
leave without pay for more than six months or the period between resignation
and reinstatement or reappointment during which the employee is not
in City service shall not be counted in determining eligibility for
additional vacation credits under this section.
(5)
No accumulation of vacation credits in excess of 30
days shall be permitted. The appointing authority shall notify the
employee, in writing, of the total amount of his/her unliquidated
credits when such credits total the equivalent of 25 days.
(6)
The time at which vacation may be drawn by an employee
shall be subject to the prior approval of the appointing authority.
A.
Leave for absence necessitated by occupational injury or disease. Except as otherwise provided in Subsections B and C hereof, an employee necessarily absent from duty because of occupational injury or disease, as defined in the Workers' Compensation Law, upon giving notice to his/her appointing authority that he/she is absent on account of such injury or disease and that he/she claims benefits under such law, shall be allowed leave from his/her position for the period of absence necessitated by injury or disease, up to cumulatively one year, including any periods of such absence during which the employee draws vacation, sick leave or other leave credits. Such leave may be extended for further periods in the discretion of the appointing authority.
B.
Controverted cases. If the employee's claim for benefits
under the Workers' Compensation Law is controverted (at the request
of the appointing authority or on its own initiative) and the appointing
officer is so notified, the employee shall not be entitled to leave
under this section. This shall not, however, adversely affect the
employee's eligibility for leave under other provisions of these attendance
rules. If final determination of the controverted claim is in favor
of the employee, he/she shall be entitled to leave under this section,
and all absences before such final determination, to the extent that
the same were necessitated by his/her occupational injury or disease,
shall be deemed to have been pursuant to leave under this section.
C.
Permanent incapacity. Leave under this section may
be withheld or terminated if the appointing authority determines that
the occupational injury or disease suffered by the employee is of
such a nature as to permanently incapacitate him/her for the performance
of the duties of his/her position.
D.
Pay during leave. An employee on leave under this
section may receive pay as follows:
(1)
The appointing authority, upon finding that the employee
is in fact disabled from the performance of his/her duties, may grant
the employee full pay during such leave not exceeding cumulatively
six months. Such full pay may be granted irrespective of the employee's
accrued credits under the attendance rules.
E.
Accrual of leave credits. An employee who receives
full pay for any period of leave under this section shall earn vacation
and sick leave credits during such period.
F.
Award credited to City. An award by the Workers' Compensation
Board of Compensation for any period for which the employee receives
or received pay from the City shall be credited to the City as reimbursement
of wages paid.
G.
Restoration of leave credits. Leave credits, including
sick leave at half pay, used by an employee during a period of absence
for which an award of compensation has been made and credited to the
City as reimbursement for wages paid, shall be restored to him/her
in full; provided, however, that no restoration shall be made for
any absence of less than a full day. Credits so restored may not again
be used for future absences attributable to the same injury. In the
event that the employee dies, resigns, retires or continues absent
beyond one year without further leave, cash payment for vacation and
overtime credits, including any credits restored under this subsection,
shall be made in accordance with the appropriate provisions of these
attendance rules. In any other case, an employee restored to service
after absence on leave under this section shall have one year from
the date of such restoration to reduce his/her accrued leave credits
to the limits prescribed in the attendance rules.
H.
Reinstatement. Upon request of the employee for reinstatement
prior to the expiration of the maximum period of allowed leave, the
appointing authority, if in doubt as to whether the employee is physically
and mentally fit to perform the duties of his/her position, may require
the employee to undergo medical examination, by a physician designated
by the appointing authority, before the employee may be reinstated.
If reinstatement is denied, the employee may make application therefor
in the manner prescribed by § 71 of the Civil Service Law.
If an employee continues absent after the expiration of the maximum
period of allowed leave, his/her eligibility for reinstatement shall
be governed by § 71 of the Civil Service Law.
I.
Medical examination. In order to enable the appointing
authority to make such determinations as are authorized or required
under this section, the appointing authority may require an employee
at any time to be examined by a physician designated by the appointing
authority.
J.
Where the appointing authority has refused to grant the employee pay during leave pursuant to Subsection D above, or has withheld or terminated a leave of absence on the ground that the occupational injury or disease is of such a nature as to permanently incapacitate the employee for the performance of the duties of his/her position, the employee may request the Civil Service Commission to review the determination of the appointing authority. If the Commission finds that such determination of the appointing authority is arbitrary or unreasonable, it may reverse or modify such determination.
K.
Construction. This section shall not be construed
to require extension of any employment beyond the time at which it
would otherwise terminate.
On proof of the necessity of jury service or
attending court pursuant to subpoena or other order of the court,
an employee shall be granted a leave of absence with pay by the appointing
authority.
Employees shall be allowed leave with pay to
take state civil service examinations at the appropriate center, provided
that due notice is given by the employee to the appointing authority.
If an employee who is not ill himself/herself
is required to remain absent because of quarantine, and presents a
written statement of the attending physician or local health officer
proving the necessity of such absence, he/she shall be granted leave
with pay for the period of his/her required absence, without charge
against accumulated sick leave, vacation or overtime credits. Prior
to return to duty, such employee may be required to submit a written
statement from the local health officer having jurisdiction that his/her
return to duty will not jeopardize the health of other employees.
The appointing authority shall grant any leave
of absence, with pay, required by law.
Upon certification by the County Director of
Civil Defense of the necessity for the participation in state or local
civil defense drills of an employee enrolled as a civil defense volunteer
and required to perform civil defense duties pursuant to the State
Defense Emergency Act[1], the appointing authority may allow such employee to absent
himself/herself from his/her position, without loss of pay or charge
against leave credits, for such time as is necessary for participation
in such drills, but not exceeding cumulatively five workdays per calendar
year.
[1]
Editor's Note: See Unconsolidated Laws § 1901
et seq.
At the time of separation from City service,
an employee or his/her estate or beneficiary, as the case may be,
shall be compensated in cash for overtime credits not in excess of
30 days accrued and unused as of the effective date of separation,
except that in the case of resignation the appointing authority may
require, as a condition for such payment, that written notice of such
resignation be given to the appointing authority at least two weeks
prior to the last day of work. No employee who is removed from City
service as a result of disciplinary action or who resigns after charges
of incompetency or misconduct have been served upon him/her shall
be entitled to compensation for vacation credits under the provisions
of this section.
An employee on leave from his/her position on
account of his/her entry into the armed forces of the United States
for active duty (other than for training), as defined by Title 10
of the United States Code, may elect to receive compensation in cash
for vacation and overtime credits not in excess of 30 days in each
category, accrued and unused as of the last date on which his/her
name appeared on the City payroll.
A.
Sick leave is absence with pay necessitated by the
illness or other physical disability of the employee.
B.
Employees shall earn sick leave credits at the rate
of one day per month and may accumulate such credits up to a total
of 150 days. A part-time employee who is required to work a fixed
number of hours, five days per week, shall also earn sick leave credit
as provided herein, but his/her total pay when absent on such leave
shall be the amount which would have been due had he/she been working
regularly at his/her usual hours for such period.
C.
An employee absent on sick leave shall notify his/her
supervisor of such absence and the reason therefor on the first day
of such absence and within two hours after the beginning of his/her
workday; provided, however, that where the work is such that a substitute
may be required, the appointing authority may require earlier notification,
but not more than two hours prior to the beginning of the employee's
workday. Sick leave credits may be used in such units as the appointing
authority may approve but shall not be used in units of less than 1/2
hour.
D.
Before absence for personal illness may be charged
against accumulated sick leave credits, the appointing authority may
require such proof of illness as may be satisfactory to it, or may
require the employee to be examined, at the expense of the City, by
a physician designated by the appointing authority. In the event of
failure to submit proof of illness upon request, or in the event that,
upon such proof as is submitted or upon the report of medical examination,
the appointing authority finds that there is not satisfactory evidence
of illness sufficient to justify the employee's absence from the performance
of his/her duties, such absence may be considered as unauthorized
leave and shall not be charged against accumulated sick leave credits.
Abuse of sick leave privileges shall be cause for disciplinary action.
E.
The appointing authority may require an employee who
has been absent because of personal illness, prior to and as a condition
of his/her return to duty, to be examined, at the expense of the City,
by a physician designated by the appointing authority, to establish
that he/she is not disabled from the performance of his/her normal
duties and that his/her return to duty will not jeopardize the health
of other employees.
F.
In addition to personal illness of the employee, the
following types of absence, when approved by the appointing authority,
may be charged against accumulated sick leave credits: Illness or
death in the employee's family; provided, however, that charge for
such absence shall not exceed a maximum of 15 days in any one year;
personal visits to doctor or dentist; and absence for maternity. Proof
of the need for such absences, satisfactory to the appointing authority,
may be required.
G.
When an employee is separated from service for other
than disciplinary reasons and is subsequently reinstated or reemployed
within one year after such separation, his/her sick leave credits
accumulated and unused at the time of his/her separation shall be
restored.
H.
Where reinstatement occurs more than one year following
separation, sick leave credits accumulated and unused at the time
of separation may be restored in the discretion of the City civil
service commission. Notwithstanding the provisions of this subsection,
an employee reinstated from a preferred list shall be entitled to
restoration of all sick leave credits accumulated and unused at the
time of his/her suspension.
A.
The appointing authority may, in its discretion, advance
sick leave credits to an employee absent due to personal illness who
has exhausted his/her accumulated sick leave, vacation and overtime
credits. Such advanced sick leave credits shall be repaid, as soon
as practicable after the employee's return to duty, from subsequent
accumulations of time credits. The outstanding unrepaid sick leave
credits advanced to any employee under the provisions of this section
shall not at any time exceed a total of five days.
B.
Upon termination of the employee's services, any such
advance of sick leave not offset by subsequent accumulations of sick
leave, vacation and overtime credits, shall be deducted from salary
or wages due the employee.
The appointing authority may, in its discretion,
grant sick leave at half-pay for personal illness to a permanent employee
having not less than one year of service after all of his/her sick
leave, vacation and overtime credits have been used; provided, however,
that the cumulative total of all sick leave at half-pay hereafter
granted to any employee during his/her City service shall not exceed
one pay period for each complete six months of his/her City service.
A.
Personal leave is leave with pay for personal business
including religious observance without charge against accumulated
vacation or overtime credits. Employees shall be entitled to personal
leave not exceeding a total of three days in a year, to be credited
as follows:
(1)
An employee in City service on February 1, 1968, shall
be credited with three days personal leave on February 1, 1968, and
thereafter, except as herein otherwise provided, shall be credited
with three days personal leave each year on the anniversary of such
date.
(2)
Any person who was separated or granted a leave of
absence without pay from City service prior to February 1, 1968, and
is hereafter reemployed or reinstated in City service, and any employee
who enters City service after February 1, 1968, shall be credited
with three days personal leave on the date of such reemployment, reinstatement
or entry, as the case may be, and thereafter, except as herein otherwise
provided, shall be credited with three days personal leave each year
on the anniversary of such date.
(3)
If an employee is separated from City service or granted
a leave of absence without pay from City service subsequent to February
1, 1968, and thereafter is reinstated or reemployed within one year
following the last date upon which personal leave was credited to
him/her pursuant to this rule, the unused personal leave standing
to his/her credit at the time of separation or leave of absence shall
be restored to him/her and he/she shall retain the same anniversary
date for the purposes of crediting personal leave thereafter under
this rule as that which was applicable to him/her prior to such separation
or leave of absence;
(4)
If an employee is separated from City service or granted
a leave of absence without pay from City service subsequent to February
1, 1968, and thereafter is reinstated or reemployed more than one
year following the last date upon which personal leave was credited
to him/her pursuant to this section, such reinstatement or reemployment
shall be deemed to be a new entry into City service for the purposes
of crediting personal leave under this section.
B.
Personal leave shall not be cumulative, and any personal
leave credit remaining unused by an employee on the date immediately
preceding the anniversary date upon which he/she is entitled to receive
new personal leave credits hereunder shall be cancelled. Unused personal
leave shall not be liquidated in cash at the time of separation, retirement
or death.
C.
Personal leave may be drawn only at a time convenient
to and approved in advance by the appointing authority; provided,
however, that personal leave allowed for religious observance shall
be granted on the days and hours required, insofar as the same may
be granted at such time without interference with the proper conduct
of government functions.
A.
The appointing authority may, in its discretion, grant
employees time off with pay on account of excessive heat or other
extraordinary weather conditions.
B.
Such time off shall be charged against accumulated
vacation, overtime or sick leave credits, or may, with the approval
of the appointing authority, be allowed as personal leave.
A.
A pregnant employee, holding a position by permanent
appointment, shall be granted a leave of absence without pay for a
period of six months, which may be extended by the appointing authority
up to one year.
B.
The employee shall report to the appointing authority
the existence of pregnancy not later than the end of the fourth month.
C.
Placement of employee on leave. The appointing authority
may thereafter place the employee on leave at any time when, in its
judgment, the interest of either the City or the employee would be
best served by such action.
D.
Reduction of leave by use of earned credits. The employee
may be allowed to reduce the six-month period leave without pay by
the use of any or all earned credits.
E.
Physician's statement. A physician's statement as
to the fitness of the employee for the performance of her duties may
be required at any time before her leave commences and may be required
prior to her return to duty.
A permanent employee may, in the direction of
the appointing authority, be granted a leave of absence from his/her
position, without pay, for a period not exceeding two years. Such
leave may be extended beyond two years, for periods aggregating not
in excess of an additional two years, only with the approval of the
Civil Service Commission. In an exceptional case, a further extension
may be permitted by the Commission for good cause shown and where
the interests of the government would be served. For the purposes
of this section, time spent in active service in the military forces
of the United States or of the State of New York shall not be considered
in computing this period of leave.
Where a leave of absence without pay has been
granted for a period which aggregates two years, or more if extended
a further leave of absence without pay, shall not be granted unless
the employee returns to his/her position and serves continuously therein
for six months immediately preceding the subsequent leave of absence.
The rules set forth in this article may be suspended
in whole or in part in an emergency, for the duration of the same
and to an extent made necessary by the nature of the emergency, on
written approval of the mayor, filed in the Department of Finance
within one week after the commencement of such emergency.
The provisions of the rules set forth in this
article authorizing the earning and accumulation of vacation credits
and entitlement to personal leave shall not apply to employees whose
employment is temporary and limited to all or parts of the months
of June, July, August or September and who are designated as summer
employees or summer replacements.
