A.
Paid holidays. The City Council shall schedule 92 hours of holiday
leave per year to be designated annually by administrative regulation.
B.
Observance. All regular status employees shall be afforded holiday leave as listed in § 66-51A, with the exception of employees who work in departments where continuous operation is necessary to provide adequate service to the public in which case holiday leave policies as stated in § 66-31C will apply.
C.
Holiday falling during periods of vacation or sick leave. Holidays
which occur during an employee's absence due to vacation or sickness
shall not be counted as vacation or sick leave but, instead shall
be considered as holiday leave.
[Amended 4-20-2011 by Ord. No. 11-08; 7-15-2020 by Ord. No. 20-04]
A.
Vacation leave shall be granted to regular employees according to
the following guidelines:
(1)
Regular full-time-status employees with one to 60 months of service
(one to five years) shall accumulate eight hours of vacation leave
per month.
(2)
Regular full-time-status employees with 61 to 180 months of service
(five to 15 years) shall accumulate 10 hours of vacation leave per
month.
(3)
Regular full-time-status employees with 181 months and over of service
(15 years or more) shall accumulate 12 hours of vacation leave per
month.
B.
Department directors shall accumulate 12 hours of vacation leave
per month equal to 18 working days per year regardless of seniority.
Department directors shall be allowed to accumulate up to 312 hours
of vacation leave equal to 39 regular working days. At no time will
a department director accumulate more than 312 hours of vacation leave.
C.
Scheduling. Vacation leave shall be taken in increments, but the
employee may only take vacation leave if it has been accumulated.
The department director or designee thereof shall schedule, at their
sole discretion, vacation leave for all regular-status employees upon
the request of the employee once each calendar year, if the employee
has accumulated 40 hours or more of vacation leave. No employee shall
be granted more than 20 days or 160 hours of vacation leave within
a twelve-month period. Employees planning to utilize vacation leave
shall give written notice of said leave, within a reasonable period
of time, but no less than five working days prior to taking vacation.
D.
Pay for unused vacation leave upon termination.
(1)
Regular full-time-status employees. Any vacation leave accumulated
but not taken at the time of employment termination shall be paid
in full, not to exceed 240 hours.
(2)
Department directors. Any vacation leave accumulated but not taken
at the time of employment termination shall be paid in full, not to
exceed 312 hours.
(3)
The separation form must be signed by all appropriate parties prior
to the payment of unused vacation leave.
E.
Regular-status employees shall be allowed to accumulate up to 240
hours of vacation leave, equal to 30 regular working days. At no time
shall the employee accumulate more than 240 hours of vacation leave.
F.
Vacation leave is not accumulated for periods during the time an
employee does not work due to suspension without pay, administrative
leave without pay, or any other such leave identified to be without
pay.
G.
Vacation leave upon retirement. An employee who has accumulated vacation leave at the time of their retirement shall have their leave paid out in a lump sum, in accordance with § 66-52D, by the City based upon availability of funds. This section applies retroactively to employees retiring after July 1, 2010.
[Amended 3-21-2007 by Ord. No. 06-19]
A.
Purpose. Paid sick leave absence from work may be authorized for
the following purposes and under the following conditions only:
(1)
A regular full-time employee, and to include exempt employees, may
request and the City may approve accrued sick leave for sickness,
illness, injury, medical treatment, dental appointment, or hospitalization
of the employee in situations not compensated for under a disability
or workers' compensation program. Sick leave may also be approved
for sickness, illness, injury, medical treatment, dental appointment,
or hospitalization of a member of the employee's immediate family
living in the same household. Sick leave for immediate family will
be limited to a maximum of three days per occurrence. "Immediate family,"
for the purpose of this subsection, shall be defined as parents, grandparents,
spouse, or children. Sick leave may also be approved for the death
of an immediate family member. Death in the immediate family is addressed
in the bereavement leave section of the administrative directives.
(2)
Sick leave is subject to the review, approval, and investigation
as deemed appropriate by the immediate supervisor and/or the director.
(3)
If a pattern of sick leave usage, such as the usage of sick leave
on the day before or the day after the employee's days off or a holiday,
can be established, the supervisor and/or the director may deny pay
for such leave. Such pattern of sick leave usage/abuse may be cause
for disciplinary action.
B.
Procedure.
(1)
An employee must notify his/her supervisor prior to the beginning
of the work day if the employee is requesting the use of sick leave.
If an employee is absent for three or more consecutive days on sick
leave, the employee shall provide the department director a physician's
statement and a return to work notice prior to the department director
allowing the employee to return to work. A department director may
require a physician's statement and a return to work notice when sick
leave is utilized for a period of less than three consecutive days
if the director suspects abuse. If the employee cannot provide the
requested physician's statement, the employee shall not receive compensation
for the absence and may be subject to disciplinary action.
(2)
No other form of paid leave for the absence shall be approved if
the employee cannot provide a physician's statement and a return to
work notice. The absence in this situation shall be charged to unauthorized
leave without pay.
C.
Authorization. Paid sick leave absence shall be authorized only if
the employee has accrued the requisite hours to cover the absence
and the physician's statement has been provided by the employee, if
required. If the employee has not accrued sufficient hours of sick
leave and there is no question regarding the legitimacy of the request
for sick leave, leave without pay may be approved and shall be considered
a period of temporary disability leave.
E.
Conversion of sick leave.
(1)
Conversion of sick leave to vacation. This conversion requires the
recommendation of the director and the approval of the City Manager.
The employee may convert accrued sick leave over 200 hours to vacation
at the rate of two hours of sick leave for one hour of vacation. Such
converted vacation hours must be used within three weeks from the
date the request for conversion is approved. A maximum of 80 hours
of sick leave per calendar year may be converted to vacation leave.
The converted sick leave to vacation leave may not be converted to
cash.
(2)
Conversion of sick leave to pay. This conversion is subject to the
approval of the City Manager. An employee with over 200 hours of sick
leave accrued may, during the months of July and December of each
year, sell back accrued sick leave over 200 hours at a rate of two
hours of sick leave for one hour of pay. The amount that may be converted
is subject to the available funds budgeted for this purpose for the
year by the City Council and as provided for in administrative directive.
No request for conversion will be honored after an employee has been
terminated or has submitted a letter of resignation. Any amount of
sick leave that is sold back by the employee, under this policy, within
12 months of separation of employment, other than at retirement, shall
be reimbursed to the City.
(3)
Documentation of sick leave accrual as of April 4, 2007. On April
4, 2007 the City shall prepare a document memorializing the sick leave
accrual of all regular full-time employees as of that day. A copy
of the document shall be placed in each employee's personnel file
and a copy will be provided to the employee. This document will serve
as the basis for determining the level of sick leave conversion at
the time of retirement from the City of Las Vegas for each regular
full-time employee employed by the City on April 4, 2007.[1]
(4)
Conversion of sick leave at time of retirement for employees with
600 hours of accrual or less as of April 4, 2007, and for employees
hired after April 4, 2007. Employees with 600 hours or less of sick
leave accrual on April 4, 2007, and employees hired after April 4,
2007, shall be eligible for conversion of up to 600 hours of accrued
sick leave to early retirement leave. The conversion shall be at the
rate of one hour of sick leave for one hour of early retirement leave.
The official date of retirement shall be documented in writing and
signed by the employee prior to the conversion. These employees may
chose to sell back up to 600 hours of accrued sick leave at retirement,
in lieu of conversion to early retirement leave. The conversion shall
be at the rate of two hours of sick leave for one hour of pay. The
choice is conversion to early retirement leave or sell back.[2]
(5)
Employees with over 600 hours of sick leave accrual on April 4, 2007,
shall be eligible for conversion of sick leave to early retirement
leave up to the amount of accrual documented on April 4, 2007. The
conversion shall occur at the time of retirement and shall be at the
rate of one hour of sick leave for one hour of early retirement leave.
The official date of retirement from the City shall be documented
in writing and signed by the employee prior to the conversion. These
employees may chose to sell back accrued sick leave at retirement,
in lieu of conversion to early retirement leave up to an amount equal
to the eligibility for conversion to early retirement leave. The conversion
shall be at the rate of two hours of sick leave for one hour of pay.
The choice is conversion to early retirement leave or sell back.[3]
(6)
The sell-back and buy-back provisions of this policy are subject
to the availability of funds as budgeted for the year by the City
Council.
(7)
Employees on early retirement leave are not eligible for any accrual
of leave, any increase in pay, or any other form of compensation other
than pay for the converted leave at the employee's regular hourly
rate. This in no way effects the City's continued contribution to
PERA or insurances during early retirement leave. The City will continue
to contribute to the early retiree's PERA insurances until the leave
is exhausted.
F.
Sick leave upon separation of employment other than retirement. Accrued
sick leave shall be forfeited upon employee's separation of employment
from the City of Las Vegas.
G.
Donation of sick leave. Donation of sick leave to another person
is prohibited.
H.
The City shall establish a sick leave contingency fund to be appropriated
and used for no other purpose than to pay for early retirement leave.
Each employee shall be granted eight hours per year to be used
as personal leave for any reason. The entire eight hours must be used
at one time. Personal leave must be used before the last payroll ending
in December of each year. If not used during the calendar year, said
leave will not be carried into the next calendar year and will be
forfeited. Personal leave applies only to regular status employees
who have completed their appraisal period.
A.
Injury leave shall be granted to any regular status employee who
sustains an injury as a result of or in the course of the performance
of his or her job. Injury leave is intended to cover the initial waiting
period of seven working days under the State's Workers' Compensation
Act.[1] Only one period of injury leave shall be paid for any
occurrence resulting in injury to an employee.
[1]
Editor's Note: See NMSA 1978, § 52-1-1 et seq.
B.
Reporting. Any employee injured on the job shall immediately report
the injury to his or her supervisor, who shall then report the injury
to the Human Resource Department. An employer's first report of injury
or illness form, known as the "E-1-2 Form," shall be completed and
submitted no later than 48 hours of the injury to the Risk Management
Clerk within 48 hours of the injury.
(1)
If medical attention is required, the injured employee shall immediately
report to the City's designated treatment facility for initial treatment.
The injured employee will identify himself/herself as an employee
of the City of Las Vegas and that the injury is work related and initial
treatment of the injury will be provided.
(2)
After initial treatment, the treatment facility will contact the
City's Risk Management Clerk to report status of injury and whether
the employee will be able to return to work. Medical reports will
be provided to the New Mexico Self Insurer's Fund and to the Human
Resource Department as soon as practicable.
(3)
The designated attending physician will, if necessary, and only after
approval by the New Mexico Self Insurer's Fund, refer the injured
employee to a physician recommended or referred by the designated
attending physician. [Physician(s) on the authorized referral list
are physicians who specialize in a particular area of medicine which
is required for treatment of the particular injury.]
(4)
New Mexico Self Insurer's Fund will make the necessary arrangements
for doctor appointments, travel and accommodations, if needed. At
all times, the City Safety Office and the Human Resource Department
will keep in constant communication with the Self Insurer's Fund,
designated treatment facility, and the designated treating physician(s)
on any and all matters pertaining to the injured worker.
C.
After the seventh consecutive calendar day of injury leave, the employee
must determine whether he/she will:
(1)
Use his or her accrued leave, i.e., sick leave or vacation leave
at 100% of his or her regular salary. In this case benefits, i.e.,
PERA, health insurance, and leave accruals, will continue as long
as the employee is using accrued leave earned; or
(2)
The employee wishing to take leave without pay and not use his or
her accrued leave will be paid through workers' compensation at the
rate of 66 2/3% of his or her regular salary. In this case benefits,
i.e., PERA, health insurance, and leave accruals, will cease until
such time as the employee returns to work.
E.
In no case will an employee injured on the job be allowed to return
to work without a written release from his or her doctor. (Refer to
Exhibit B.[2])
[2]
Editor's Note: Exhibit B is included at the end of this chapter.
The City of Las Vegas is required to provide eligible employees
up to 12 weeks of unpaid leave in a twelve-month period to care for
a newborn or newly placed adopted or foster child; to care for a seriously
ill child, spouse or parent; or because of the employee's own illness,
pursuant to administrative regulation.
A.
TEMPORARY DISABILITY LEAVE
Definition. As used in this section, the following terms shall have
the meanings indicated:
Constitutes a period of leave without pay during which the
employee shall retain his or her position and status as an employee
of the City. The employee will not accumulate leave or be subsidized
for or receive any benefits. However, if the employee wishes to continue
his/her insurance coverage, he/she must contact the Human Resource
Office to arrange to do so.
B.
Eligibility. Employees subject to the following conditions shall
be eligible for temporary disability leave. Any eligible employee
wishing to take temporary disability leave must provide the department
director and the Human Resource Director with a doctor's statement
of the medical reason for the temporary disability leave.
(1)
An employee who, for reasons of maternity or related medical conditions,
elects to take a temporary leave of absence, is eligible for temporary
disability leave. This leave will be administered in concurrence with
the Family Medical Leave Act.
(2)
An employee who has sustained a non-job-related injury or illness
is eligible for temporary disability leave.
C.
Time granted. Any employee eligible to take temporary disability
leave may be granted up to a maximum of 60 calendar days of temporary
disability leave.
D.
Petition for extension. If at the end of the period of temporary
disability leave the employee wishes to request an extension, the
employee must petition the City Manager, who may order, at his discretion,
a physical or mental examination to be performed at the City's expense
by a City-designated physician to establish the fitness of the employee.
The City Manager shall determine, after review of the physician's
findings, whether the employee will or will not be granted an extended
temporary disability leave for a period of up to 30 calendar days
or be terminated from the City's employment. The City Manager shall
render this decision on the basis of the medical findings and in the
best interest of the City.
A.
Jury leave shall be granted to any employee of the City when ordered
by the courts to serve on jury duty.
B.
Upon being summoned to jury duty, an employee shall immediately notify
his/her supervisor of such by presenting the original, official summons
or notice immediately. The summons or notice shall be attached to
the employee's weekly timesheet as substantial documentation for the
absence. The supervisor shall make necessary arrangements, including
work schedule rearrangement, so that the employee may attend jury
duty.
C.
If an employee is dismissed by the court for the day or for any reason,
and if said dismissal occurs within the employee's regularly scheduled
working hours, the employee shall report to his supervisor and assume
his regular work duties.
D.
The court will compensate the City for jury leave performed by the
City employee at the hourly rate established by the courts. The City
shall compensate the employee his/her regular pay for regular work
time served in the capacity of a juror. The City Finance Department
shall receipt the court's compensation to the proper fund. (See Administrative
Regulation A-91-69.[1])
[1]
Editor's Note: Administrative regulations are available from
the City offices.
Municipal employees who are members of organized units of the
Army or Air National Guard, Army, Air Force, Navy or Marine Reserves
shall be given time off not to exceed 15 military calendar days of
military leave with pay, annually. When they are ordered to active
duty training with such organized units, such leave is to be in addition
to other leave or vacation leave with pay to which such employee(s)
is otherwise entitled to. The military calendar year begins October
1 and ends September 30.
A.
Any leave not authorized according to the appropriate rules set forth
herein shall be deemed to be an unauthorized absence without pay and
may be subject to disciplinary action.
B.
Any employee who absents himself or herself for three consecutive
days without authorization shall be considered terminated from employment
immediately, and employee shall be notified in writing.
A.
The employee may request a leave of absence for a period of time
not to exceed one year.
(1)
The employee may request from his/her immediate supervisor, in writing,
leave without pay, identifying the length of time and reason for leave.
The department director will then forward the request to the City
Manager with a recommendation.
(2)
The City Manager will make a determination whether the leave request
should be granted based on the reason for leave and recommendation
from the employee's supervisor. The City Manager's decision is final.
B.
Leave will not be granted to an employee for the purpose of accepting
other employment. If, at any time, the employee is found to be employed
elsewhere, this shall be cause for termination.
C.
The City Manager may grant the leave with the understanding that
the employee may return to his/her current position if the position
is vacant. If the position is not vacant, the employee may be offered
a different position for which he/she is qualified for. The position
will be offered at the entry level pay rate established for that classification.
The employee shall be required to serve an new appraisal/probationary
period.
D.
Utilization and/or payment of leave and fringe benefits during period
of leave without pay or extended leave without pay.
(1)
In the best interest of the City, and as determined by the City Manager,
the utilization of, or cash payment for, any form of accumulated leave,
including but not limited to holiday leave, vacation leave, sick leave,
personal holiday leave, injury leave, temporary disability leave,
jury leave, military leave, overtime and administrative leave, is
prohibited during the period when an employee is on leave of absence
or leave without pay.
(2)
Conversion and/or donation of accumulated, sick and vacation leave,
at the time an employee is on leave of absence or leave without pay,
is prohibited.
(3)
Accrual of any form of leave shall cease nor shall the employee be
entitled to other fringe benefits granted by the City during the time
when an employee is on leave of absence or leave without pay. However,
any leave on the employee's time and attendance record at the date
the employee begins leave of absence or leave without pay shall remain
on the record and shall be granted to the employee upon his/her return
to work.
E.
If the employee on leave wishes to continue insurance coverage, the
employee shall handle such requests through the Human Resource Office.
The employee shall pay the employee's portion of the premium costs.
G.
Extended leave without pay may be granted by the City Manager upon
written request, to be considered on a case-by-case basis.
A.
Purpose of administrative leave. Administrative leave is granted to department directors and supervisors who hold exempt positions who are not entitled to paid overtime. It is not intended as an hour-for-hour compensation. Granting of administrative leave is a prerogative of the City Manager to act in accordance with this policy, § 66-62.
B.
Procedure in application. Administrative leave is not accumulated
and under no circumstances will administrative leave be recorded on
the weekly timesheet on an hour-for-hour basis. If the City Manager
feels that an exempt employee has worked an extraordinary amount of
time and the constraints of the job allow a short absence, the City
Manager may approve administrative leave. Administrative leave will
be limited to two consecutive days except in unusual circumstances
for which the City Manager may approve additional time. When such
leave is taken, a leave form indicating the hours taken shall be filled
out, signed by the employee and approved by the City Manager, prior
to taking leave.
C.
Procedure upon termination. Should an exempt employee terminate his/her
employment with the City of Las Vegas, there shall be no basis for
a claim for administrative leave; this is because employees in exempt
positions are expected to work in excess of the standard work week
to complete job duties.
D.
Prerogatives reserved. The City Manager may, on occasion, grant up
to four hours of administrative leave to all employees, exempt and
nonexempt. Such granting of administrative leave shall be with the
approval of the Mayor. Such administrative leave shall be granted
for only those employees who are scheduled to work on the day such
leave is granted. For all employees, with the exception of police
and fire personnel, who are not able to take the administrative leave
because of their work schedule, these employees shall be allowed to
take the time off within the following five-day work period. Police
and fire personnel who are not able to take the administrative leave
because of their work schedule, these employees shall be allowed to
take the time off within the following fourteen-day work period. The
time granted will not be carried over past the following five-day
or fourteen-day work period. The department director will be responsible
for keeping track of their employee's leave.
Upon recommendation by the City Manager and pursuant to annual
policy and budgetary action by City Council, fringe benefits shall
be afforded regular status employees. Such benefits shall annually
be enumerated in administrative regulations and distributed to all
regular status employees.
The City of Las Vegas is a member of the Public Employees Retirement Association of New Mexico (PERA). It is mandatory that all employees participate in this plan with the exception of seasonal employees as defined in § 66-7 herein.
