[HISTORY: Adopted by the Town Board of the Town of Kent 8-27-1973 by L.L. No. 15-1973. Amendments noted where applicable.]
The purpose of these regulations is to establish uniform provisions for vacations, sick leaves and leaves of absence, applicable alike to those employees of the Town of Kent who are not included under a contract with either the Patrolmen's Benevolent Association (PBA) or the Civil Service Employees' Association (CSEA).
For the purposes of this chapter, the following terms shall have the meanings indicated unless the context clearly indicates a different meaning:
Each Town employee shall receive a vacation as follows:
One week's vacation during the first calendar year of employment, provided that six months of continuous service have been completed.
Two weeks' vacation after completion of one year of continuous service.
[Amended 11-7-1988 by L.L. No. 9-1988]
Three weeks' vacation after completion of eight calendar years of continuous service.
[Amended 7-11-1988 by L.L. No. 2-1988]
Four weeks' vacation after completion of 10 calendar years of continuous service.
[Amended 12-4-1989 by L.L. No. 9-1989]
Vacations shall be taken only at a time approved by the department head under whom such employee works. All vacations shall be taken in the year during which the employee becomes entitled thereto, and no part of such vacation shall be carried over from one year to another unless the pressures of work in a particular department make it impossible for the department head to grant a vacation period for that year, in which case the vacation period for that year, or any unused portion thereof, may be added to the vacation to which the employee is entitled during the following year.
In calculating the time allowed for vacations, intervening holidays will not be counted as vacation days.
Legal holidays to be observed by employees shall be as determined by resolution of the Town Board from time to time.
If in the public interest it becomes necessary for an employee to work on one or more of such legal holidays, he shall be given compensatory leave by his department head equivalent to the time he worked on said holiday.
Absence from duty of an employee by reason of sickness or disability of himself or herself shall be allowed as provided in this section and not otherwise. Absence from duty for such reasons, if duly granted by the department head, shall be considered and known as "sick leave." The following regulations shall govern such absence from duty:
An employee may be absent from duty on account of sickness or disability or death in his immediate family. Every leave for such absence is granted by the department head. Any such leave so granted shall be reported to the Town Board as hereinafter provided.
Absence from duty of an employee by reason of death of a member of his or her immediate family, or of a legitimate member of the household, shall be allowed without loss of pay for a period not to exceed four days. Absence for such reason beyond the four-day limit shall be considered and counted as sick leave. "Immediate family" is defined as wife, husband, child, mother, mother-in-law, father, father-in-law, brother, sister, grandchild, grandparent, aunt, uncle, brother-in-law or sister-in-law.
No employee shall receive any part of his compensation while absent from duty because of sickness or disability or death in his immediate family except as herein provided.
An employee shall be granted sick leave with pay of 1 1/4 working days a month, or 15 working days a year. Such sick leave with pay shall be granted to the employee by the department head.
Each employee who meets the requirements of these regulations relative to sick leave and vacation time shall receive accumulated sick leave at the rate of 15 working days per year up to a maximum of 180 working days minus the number of days of sick leave taken during such period of employment. It shall be the duty of the department head to so certify to the Town Board of the Town of Kent the amount of accumulated sick leave time which shall be credited to each employee as of the effective date of these regulations.
Any employee who is unable to report for duty because of illness or physical disability shall immediately notify his department head of that fact and shall state the nature of his illness or disability and the name of the attending physician, if any; when the officer or employee is unable so to report, a responsible person may make the report in his behalf. In the absence of such report, unless waived by the department head for good cause, time lost shall not be considered sick leave and such employee shall receive no compensation therefor.
The 15 working days a year to be allowed an employee for sick leave with pay may hereafter be accumulated at the rate of 1 1/4 working days a month until a total of 180 working days is reached, and may be kept to his credit for future sick leave with pay.
Upon becoming sick or disabled, an employee by virtue of employment or service before the effective date of this regulation may, during his sickness or disability, be granted sick leave with pay to the extent of the unused sick time which he has accumulated, but no sick leave with pay shall be granted to any such person in excess of 180 working days in any one year.
Where an employee, because of sickness or disability, is required to remain away from his department beyond his sick leave allowance, the department head, in his judgment, may propose to the Town Board that additional sick leave with pay be granted, due consideration being given to the employee's service prior to the effective date of this regulation.
An employee isolated or quarantined because of exposure to a communicable disease, other than in the line of duty, shall, for the purpose of this regulation, be considered absent because of sickness and may be granted sick leave with pay during such isolation or quarantine to the extent of his accumulated and unused sick leave time.
Any false representation made by an officer or employee in connection with a claim for sick leave benefits shall be deemed a just cause for disciplinary proceedings under the Civil Service Law and Rules, and in addition to other penalties a portion of his accumulated sick leave benefits may be canceled.
Where an employee receives compensation under the Workmen's Compensation Law on account of disability, he shall elect in writing whether he desires to have sick leave with pay during the period of his disability for which he receives compensation. Such writing must be filed with the department head. In the event that he elects to take sick leave with pay during such disability, he shall, for the period of his disability, not exceeding his accumulated and unused sick leave time, be paid the difference between what he receives as compensation and his regular rate of pay. If the employee elects to use his accumulated sick leave time while drawing workmen's compensation, the number of his accumulated sick leave days to be deducted shall be determined by taking his average weekly wage, exclusive of overtime, less the amount of workmen's compensation paid, and dividing the result by the employee's daily rate of pay.
No continuous sick leave exceeding three working days shall be allowed except upon the certification of a physician to be filed with the department head not later than the fourth working day, stating the nature of the illness and the probable time of disability. The department head may require such certification in any other case.
No employee shall be granted absence from duty with pay by reason of pregnancy. It is expressly provided, however, that maternity leave without pay may be granted up to one year, provided the existence of pregnancy is reported in writing to the department head not later than the fourth month. Such leave without pay must begin when, upon certification of a doctor, further service would be detrimental to health, and may begin earlier in the discretion of the department head.
It shall be the duty of the administrative head of each department to keep an accurate record of all sick leave and sick leave accumulations in such form as the Town Board may prescribe, so that a written report of the same can be readily furnished upon request of such Board.
Employees shall be entitled to two personal leave days with pay for personal business which cannot be reasonably accomplished outside of the regular workday or workweek, including observances of required religious abstention from work, without charge to accumulated vacation, holiday or sick leave credit during each fiscal year. Personal leave credits shall not be cumulative from year to year.
Reasonable notice, except in the case of an emergency, of request to have a personal leave day shall be given by the employee to his immediate superior at least one day prior to said personal leave.
A member of any United States or State Reserve or National Guard unit who is directed by that unit to perform a service-attached function shall be granted leave of absence with regular pay, less the amount received for the function performed, for a period not exceeding 30 days in any calendar year.
On proof of the necessity of jury service or attending court for other than personal matters, leave of absence shall be granted with regular pay less the amount received for said duty.
Any employee who is required to render ordered military or naval duty shall be granted military leave of absence pursuant to the Military Law.
Department heads may grant leaves of absence without pay, but if such leave is to extend for more than 12 working days, the approval of the Town Board shall be required.
When an employee is absent without leave and without an explanation therefor for a period of 10 working days, such absence shall be deemed to constitute a resignation effective on the date of the commencement of such absence. The failure of an employee to return to his position within 10 working days following the expiration of a leave of absence or extension thereof, without submitting an explanation therefor within such ten-day period, shall constitute a resignation which, for purposes of determining eligibility for reinstatement, shall be deemed effective as of the date of the commencement of such leave of absence. Nothing herein shall be deemed to excuse the unauthorized absence of an employee or his failure to return to his position upon the expiration of an authorized leave of absence, and any such failure may be regarded as misconduct in an appropriate disciplinary proceeding.
It shall be mandatory for each employee to retire upon the last day of the month in which he reaches his seventieth birthday, based upon the records of the Town personnel file.
[Added 9-14-1992 by L.L. No. 14-1992; amended 4-3-1995 by L.L. No. 1-1995; 5-13-1996 by L.L. No. 4-1996; 6-23-1997 by L.L. No. 5-1997; 8-30-1999 by L.L. No. 4-1999; 6-3-2002 by L.L. No. 6-2002]
The Town of Kent hereby elects to provide all of its eligible employees with a retirement incentive program authorized by the New York State Legislature by Chapter 69 of the Laws of 2002.
The commencement date of the retirement incentive program shall be October 3, 2002.
The open period during which eligible employees may retire and receive additional retirement benefit shall be 90 days in length.
The actuarial present value of the additional retirement benefits payable pursuant to the provisions of this section shall be paid in five annual installments. The Local Employees' Retirement System, and it shall be paid by the Town of Kent for each employee who receives the retirement benefits payable under this section.
This section shall take effect September 3, 2002.
[Added 4-18-1994 by L.L. No. 4-1994; amended 12-1-2015 by L.L. No. 3-2015]
Commencing with the election of newly elected part-time officials for the 2016 term, only full-time Town employees and full-time elected officials, specifically the Town Supervisor, the Highway Superintendent and the Town Clerk, are eligible for health insurance coverage paid for, in part, by the Town. Any such eligible employee or elected official shall have the option of either receiving Town-paid health insurance or money in lieu of health insurance coverage, which compensation shall be paid as follows: An employee or elected official who qualifies for family coverage shall be entitled to receive payment of $2,400 per year; an employee or elected official who qualifies for single coverage shall be entitled to receive payment of $1,200 per year.
The decision of whether or not an eligible employee or eligible elected official chooses to be paid money in lieu of health insurance must be communicated to the Town Supervisor, in writing, no later than December 15 of the year prior to the year such choice is to take effect. Payment of such money in lieu of health insurance shall be made at the end of each quarter.
Any eligible employee or eligible elected official having chosen to opt out of the Town health insurance plan shall also have the right to be reinstated in the plan, upon 30 days' prior written notice to the Town Supervisor, and a prorated settlement of that quarter shall be made. Such reinstatement will take effect on the first day of the month following the date that written notice is approved and accepted by the Town Board.