[Ord. No. 489 of
1964, 8-5-1964]
The provisions of this article shall apply to all employees
of the city who are employed on a full-time twelve-month basis except
that appointing department heads may, with the approval of the department
of civil service, exempt certain executives from these requirements.
[Ord. No. 489 of
1964, 8-5-1964; Ord. No. 354 of 1968, 9-5-1968; Ord. No.
355 of 1968, 9-5-1968]
(a)
Daily attendance. Daily attendance records on each employee
shall be maintained.
(b)
Overtime. Hours worked in excess of the basic work week shall
constitute overtime, for which eligible employees shall be entitled
to equivalent time off in lieu of compensation therefor, such time
to be used upon written request from and at the convenience of the
appointing authority.
(1)
Overtime work must be authorized in advance by the appointing
authority or its designated representative before credit for overtime
work may be allowed. There must be sound and justifiable reasons for
overtime work requests.
(2)
No employee shall be allowed to accumulate overtime credits
compensable by equivalent time off in excess of 30 work days. The
appointing authority shall notify the employee, in writing, of the
total amount of unliquidated credits when such credits total the equivalent
of 20 work days.
(3)
An employee who retires shall be compensated in cash on the
next normal payroll date after retirement, by the department from
which such employee so retires, for such of his overtime credits,
up to 30 days, as cannot be liquidated by equivalent time off prior
to such retirement; further, such employee shall not be compensated
for such accrued overtime credits upon transfer to another office,
but such credits shall be transferred with him.
(4)
In the event of death of an employee, such employee's estate
or beneficiary shall be paid the monetary value of his accumulated
overtime credits up to the equivalent of 30 days, by the department
head by whom the employee had been employed.
(5)
Notwithstanding the provisions of this section (b), the mayor
or whomsoever that he shall designate shall have the power and authority,
after the passage of an ordinance, local law, resolution, order or
rule, by the council, pursuant to section 90 of the General Municipal
Law of the State of New York, to provide for the payment of overtime
compensation to city employees in the manner and at the rate set forth
in such ordinance, local law, resolution, order or rule.
(c)
Overtime for department of public works and auditorium employees.
Pursuant to section 90 of the General Municipal Law of the State of
New York and this article, the mayor or whomsoever he shall designate
is hereby empowered and authorized to compensate those department
of public works and auditorium employees embraced and encompassed
in the bargaining unit more specifically described and set forth in
the Certification of Representative Order of the New York State Public
Employment Relations Board (PERB 58 (2-68)), dated August 14, 1968,
for any overtime work as follows:
(1)
For all hours worked over 44 hours, time and 1/2;
(2)
If and when a forty-hour work week is established for the above
described employees, for all hours worked over 40 hours, time and
1/2;
(3)
For all hours worked on a legal holiday as defined in this article,
time and 1/2.
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All overtime compensation paid in accordance with this subsection
(c) shall be in lieu of all other overtime benefits specifically provided
in this article.
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[Ord. No. 489 of
1964, 8-5-1964; Ord. No. 133 of 1967, 4-5-1967; Ord.
No. 464 of 1967, 8-9-1967; Ord. No. 473 of 1969, 10-15-1969; Ord. No. 474 of 1969, 10-15-1969; Ord. No. 475 of 1969, 10-15-1969]
(a)
Sundays, holidays. All Sundays and legal holidays enumerated
herein shall be allowed as days off, or days shall be allowed in lieu
thereof. The days prescribed by law for the observance of New Year's
Day, Lincoln's Birthday, Washington's Birthday, Good Friday
afternoon, Memorial Day, Independence Day and Labor Day, Columbus
Day, Election Day, Veteran's Day, Thanksgiving Day, and Christmas
shall be observed as holidays except when any such day falls on Sunday,
the Monday following shall be observed as the holiday. When a holiday
falls on a Saturday, the preceding Friday or the following Monday
can be observed as the holiday within the discretion of the head of
the department.
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Days allowed in lieu of holidays described herein shall accumulate
on the same basis as overtime credits; i.e., not to exceed 30 work
days (combined overtime and holiday days) with written notice to the
employee after the accumulation of 20 days. Where practicable, days
off in lieu of holidays can be used by the employee during the same
calendar year as the holiday occurred
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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
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(b)
Vacation. Employees in the city service who have completed six
months of service shall be entitled to one week (five working days)
of paid vacation. After one year of service, such employees shall
be entitled to two weeks (10 working days) paid vacation; after five
years of service, three weeks (15 working days) paid vacation; after
10 years, four weeks (20 working days) paid vacation; after 20 years,
five weeks (25 working days).
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However, those employees in the city service who have a six-day
work week and who have completed six months of service shall be entitled
to one week (six working days) paid vacation. After one year of service,
such employees shall be entitled to two weeks 12 working days) paid
vacation; after five years of service, three weeks (18 working days)
paid vacation; after 10 years, four weeks (24 working days) paid vacation;
after 20 years, five weeks (30 working days) paid vacation
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(1)
No accumulation of vacation credits in excess of 30 days shall
be permitted.
(2)
The time at which vacation may be drawn by an employee shall
be subject to the prior approval of the appointing officer. No vacation
period shall be for more than two weeks at any one time unless approved
by the appointed officer.
(3)
So far as practicable, vacation credits shall be used prior
to transfer. The department to which an employee is transferred shall
credit him with all of his accumulated vacation credits not used prior
to transfer.
(4)
Upon separation from service by resignation, retirement or death,
an employee or his estate or beneficiary, as the case may be, shall
be compensated in cash for his vacation credits not in excess of 30
days, payment to be made on the nearest following payroll date.
(5)
For uniform clarification of vacation credits, the first day
of each calendar year shall be used to determine the amount of vacation
credit earned during the previous calendar year. It is also provided
that in the event the entire amount of vacation credit earned is not
used during the year following the accrual, then written permission
from the appointing authority must be had to carry vacation credits
over, but never allow an excess of, 30 days as of any January 1.
(6)
The vacation year shall extend from January 1 to December 31
of that year.
(7)
Vacation time preferences shall be determined by seniority.
(8)
The employee may request to receive vacation pay on the payroll
date immediately prior to the beginning of the vacation period. Vacation
pay is limited to the number of vacation days taken in the vacation
period, and the vacation period must be in excess of five working
days. Vacation time and request for advance vacation pay is subject
to the time earned and approved by the appointing officer or department
head.
(c)
Sick Leave. Sick leave is absence with pay necessitated by the
illness or other physical disability of the employee. After the completion
of one year of service, employees shall earn one one-day per month
accumulative sick leave with pay up to a maximum of 180 days total
credit.
(1)
An employee absent on sick leave shall notify his superior of
such absence and the reason therefore on the first day of such absence
and within two hours after the beginning of his work day.
(2)
An employee who is absent on account of illness for a period
of five days or more is required to furnish the appointing officer
with a doctor's certificate for proof of illness. The city reserves
the right to have the employee examined at any time after the illness
is reported by a doctor of its choice.
(3)
The employee's accumulated sick leave credit shall not
be jeopardized to the extent of four days on each occasion for the
death of an immediate family member (which includes employee's,
spouse's or immediate family member's — mother, father,
sister or brother). These absences shall not exceed a maximum of 15
days in any one year, after which time they shall be charged against
accrued extra duty and/or vacation time.
(4)
Leave for doctor or dentist appointments shall not be allowed
for more than a two-hour period and only upon written approval in
advance by the appointing authority. Any time over shall be charged
as a half day of sick leave.
(5)
If an employee is separated from city service or granted a leave
of absence without pay from city service, and thereafter is reinstated
or re-employed within one year following the last date upon which
sick leave was credited to him, the unused sick leave standing to
his credit shall be restored to him and such employee shall continue
to accrue up to the maximum 180 days.
(6)
Initial schedule of sick leave. On the effective date of attendance
rules and leave benefits, employees who have been employed for one
year or more shall be credited with the following sick leave benefits:
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Years of Service
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Sick Leave
(Days)
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1
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3
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2
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6
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3
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9
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4
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12
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5
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15
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6
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18
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7
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21
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8
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24
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9
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27
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10
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30
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11
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33
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12
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36
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13
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39
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14
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42
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15 or more
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45
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[Ord. No. 489 of
1964, 8-5-1964; Ord. No. 169 of 1971, 8-4-1971]
(a)
Maternity Leave. A pregnant employee holding a position by a
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 to one year. The employee shall report the existence of
pregnancy to the appointing authority not later than the end of the
fourth month. The appointing authority may thereafter place the employee
on leave of absence at any time when, in its judgement, the interest
of either the department or the employee would be best served. The
employee may be allowed to reduce the six-month period of leave without
pay by the use of any or all earned vacation, sick leave, overtime
and holiday credits. 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 to her
return to duty.
(b)
Leaves of absence. Leaves of absence shall be governed by the
New York State Civil Service Law, except that any person appointed
as head of a municipal department by the mayor of the city, which
appointee has permanent status in the competitive class of the employ
of the city, may be granted a leave of absence from such permanent
status for the duration of his appointment as head of a department.
[Ord. No. 489 of
1964, 8-5-1964]
(a)
Notice of resignation must be given in writing to the appointing
authority at least two weeks prior to the last day of work. The employee
then shall be compensated in cash for vacation and overtime or extra
duty credits not in excess of 30 days in each of the two categories
accrued and unused as of the effective date of resignation.
(b)
At the time of adoption of the ordinance from which this article
derives, the payroll department of the city shall be furnished by
each department with a record of the accrued vacation time, sick leave
time, and extra duty overtime credit of each employee, which time
shall be carried forth on future records. Thereafter, when the semi-monthly
payroll is submitted, a record shall also be submitted of any credits
used by an employee in the department. The payroll department can
and should make periodic checks with the individual departments to
make sure records coincide.
(c)
Any employee who has a question regarding his accumulated credits
should first contact his appointing authority regarding such credits.
If a question comes before the city payroll department directly from
the employee, the payroll department shall first contact the department
involved before making a commitment.
[Ord. No. 73 of 1974, 3-6-1974]
(a)
The vacation allowances for city employees shall not be accumulative
from year to year. No employee shall be entitled to vacation pay unless
with such employee's consent the employee was directed to forego
any of his vacation time and unless it is approved by the mayor. In
any event, vacation pay cannot be cumulative and must be paid by the
end of the year. The vacation year is defined as the twelve-month
period between January 1 and December 31.
(b)
The same rules shall apply to holidays, overtime and sick leave.
The only recognized overtime will be that recorded by a punch time
clock, or by signature in and out on a form approved by the mayor
and submitted to data processing or the personnel director on a scheduled
basis. Sick leave is intended to protect the people who are ill, but
in no event shall accumulated sick leave time be compensated.
(c)
This section will not affect existing contracts where vacation
allowance, holiday and overtime are binding, but it is recommended
that the provisions hereof be considered prior to negotiations of
future contracts.
