Town of Bath, NY
Steuben County
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[HISTORY: Adopted by the Town Board of the Town of Bath 3-9-1981. Amendments noted where applicable.]
Defense and indemnification — See Ch. 8.
Code of Ethics — See Ch. 12.
Grievance procedure — See Ch. 16.
Normal workweek of the employees shall be five days, Monday through Friday. All hours worked in excess of 40 hours per week and/or eight hours per day shall be compensated for at the rate of 1 1/2 times the hourly rate. The department head shall have the right to change the working schedule whenever necessary to ensure orderly operation or to provide for unusual conditions.
Employees will be classified as one of the following: Clerk, Deputy Clerk, Tax Clerk, Court Clerk, bookkeeper, Deputy Superintendent of Highways, laborer, MEO I, MEO II, MEO III, working foreman, mechanic and mechanic's helper. Wages will be set at the first meeting in January by the Town Board.
[Amended 12-8-1986 by L.L. No. 2-1987]
Any employee leaving employment for other than disability or leave of absence will be considered a new employee regarding any benefits upon returning to Town employment.
[Amended 2-9-1987 by L.L. No. 1-1987; 3-11-1991 by L.L. No. 1-1991]
In order to be covered by all benefits, an employee must be appointed to a full-time permanent position. He or she must have worked at least six months with the Town to be allowed to draw sick leave as allowed herein.
Vacation leave shall be granted as follows:
After completion of one year: five working days.
After completion of two years: 10 working days.
After completion of five years: 11 working days.
After completion of 10 years: 17 working days.
After completion of 15 years: 23 working days.
After completion of 20 years: 24 working days.
Vacation leave may be accumulated to total not exceeding 40 days at any time. Said accumulation shall be prorated on a per diem basis should the employee be terminated during the year of service. All vacations shall be scheduled with the concurrence of the Superintendent of Highways or department head. Any credit or accumulated vacation time earned prior to January 1, 1981, will be honored. Any employee covered by this section, upon separation from the service of the town, will be entitled to any accumulated vacation, with pay, based upon the foregoing schedule.
[Amended 11-14-1994 by L.L. No. 1-1994]
Sick leave.
Each permanent employee shall accrue sick leave credit of 10 days per year, which may be accumulated to a maximum of 150 days.
[Amended 11-14-1994 by L.L. No. 1-1994]
An employee absent from work for three consecutive days or more due to personal illness or accident will be required to submit to his department supervisor a doctor's statement covering complete absence before returning to work and/or receiving sick pay.
If any employee finds it necessary to be absent or tardy from work by reason of illness, he shall, as soon as reasonably possible and not later than one hour after time to start work, notify the department head or person in charge of the reason for absence and the length of time expected to be absent.
Any absence from work other than as provided herein or under the provision of the Workers' Compensation Law shall be charged to vacation (but see § 20-2A).
Upon retirement, unused accumulated sick leave shall be disposed of pursuant to law.
Personal leave. After completion of one year of continuous service, an employee shall be entitled to three days' personal or business leave annually, which shall not be accumulated. Unused personal leave days shall not be paid at the time of separation, retirement or death.
[Amended 12-8-1986 by L.L. No. 2-1987; 2-9-1987 by L.L. No. 1-1987; 3-11-1991 by L.L. No. 1-1991]
The following days are designated as paid holidays:
New Year's Day
Martin Luther King Day
Lincoln's Birthday
[Added 1-12-1998 by L.L. No. 1-1998]
President's Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veterans Day
Thanksgiving Day
Day after Thanksgiving
If any holiday falls on a Saturday, then it shall be observed on the Friday preceding the holiday; and if any holiday falls on a Sunday, then it shall be observed on the Monday following the holiday.
If any of the above-specified holidays fall when an employee is on vacation, such time shall not be charged against the employee's vacation time.
Employees having to work on Thanksgiving, Christmas or New Year's Day shall be paid regular time for the holidays, plus double time for time worked.
Employees having to work on other holidays shall be paid for the holiday, plus overtime for hours worked.
Employees must have worked their last scheduled workday preceding and their first scheduled workday succeeding the holiday unless absent because of vacation, personal day or industrial accident for which the employee received workers' compensation. Employees who have been requested to work and do not report for work on the holidays are not eligible for holiday pay.
In the event of a death of the immediate family of any employee, the employer shall pay the employee not to exceed three working days to attend the funeral services. "Immediate family" means father, mother, father-in-law, mother-in-law, wife, children, brother, sister and one day off for grandparents.
[Added 12-13-2004 by L.L. No. 2-2004]
The Town of Bath participates in a group health insurance plan. The Town Board reserves the right to change or eliminate plans and/or coverages and the respective responsibilities for the payment of premium costs from time to time, as conditions warrant, by Board resolution at the annual organizational meeting.
Editor's Note: Former § 20-5, Health insurance, as amended, was repealed 12-8-2003 by L.L. No. 3-2003.
[Amended 12-8-1986 by L.L. No. 2-1987]
Any employee who is over 15 minutes late reporting for work shall have 1/2 hour's pay deducted from his paycheck. Any employee who is 30 minutes to one hour late shall have one hour's pay deducted.
Any employee who fails to carry out the instructions or orders of his supervisor to the satisfaction of the department head shall be subject to disciplinary action by the department head. Such action may include suspension without pay, in the discretion of the department head.
A permanent employee of the Town shall be entitled to his usual wages for the days he serves as a juror or is in court pursuant to subpoena or other order of the court, provided that he turns over to the Town for refund to the Town Treasurer the fees he earns as a juror, retaining the mileage. If the employee is released from jury during the regular scheduled work hours, he has to report back to work within one hour from the time of release or forfeit his usual Town wages for the day.
Military leave shall be as provided by the New York statutes pertaining to the same.
Employees injured and coming within the provisions of the Workers' Compensation Law and who are awarded compensation under the law shall have no charge made against the employee's accumulated sick leave for such time as he may be drawing compensation. The employing officer shall file with the Administrator of the County Self Insurance Plan, in cases of injuries coming under the Workers' Compensation Law, a certificate of such absence, together with reason therefor. All employees, while under workers' compensation benefits, may elect to take sick leave for the first seven days of their injury in lieu of any compensation benefits due them. Any benefits from workers' compensation covering the first seven days will then revert to the proper budgetary item of the department. Sick leave credits equal to the money value of the above credits which are reimbursed by the Self Insurance Plan to the department shall be restored to the employee's credit.
[Added 2-9-1987 by L.L. No. 1-1987]
The Superintendent of Highways, Deputy Superintendent of Highways, laborer, MEO I, MEO II, MEO III, working foreman, mechanic and mechanic's helper shall receive an annual clothing allowance as established by the Board, included in the first pay period of each year commencing in the year 1987. The Highway Department employees listed herein shall be responsible for submitting receipts to the Superintendent of Highways verifying their expenditures for work-related articles during the year in which the clothing allowance is given.
[Added 3-11-1991 by L.L. No. 1-1991]
Nothing contained herein shall prevent the Highway Superintendent and/or Town Board from adopting such rules and regulations as may be necessary to further identify, supplement or implement the provisions hereof.