[Adopted 4-26-1961, approved 4-27-1961]
A. 
Except as otherwise herein provided, this article shall apply only to full-time and part-time City officers and employees, except elected officials, members of boards and commissions, policemen, firemen, public library personnel and school crossing guards.
B. 
Except as otherwise hereinafter provided, this article shall not apply to temporary or seasonal help employed by any City agency, bureau, department or board or the Board of Water Supply, or to City employees paid on a per diem or hourly basis.
As used in this article, the following terms shall have the meanings indicated:
DEPARTMENT HEAD
Includes all Commissioners and directors appointed by the Mayor, as well as the City Clerk and City Judge.
FULL-TIME
Refers to City officers and employees receiving a fixed annual salary and whose normal workweek includes 40 hours per week and eight hours per day, inclusive of one hour per day for lunch.
PART-TIME
Refers:
A. 
To City officers and employees receiving a fixed annual salary whose workweek is less than the normal workweek of 40 hours per week, eight hours per day, inclusive of one hour per day for lunch.
B. 
To temporary City employees who are employed on a per diem basis but who are continuously employed for at least six months in a calendar year and whose normal workweek includes eight hours per day and 40 hours per week, inclusive of one hour per day for lunch.
SICK LEAVE
Refers to authorized absence from duty of an employee because of his own sickness or disability or injury not within the scope of the Workmen's Compensation Law. Such illness or injury must be sufficiently serious to interfere with the performance of his or her duties or of such a nature that attendance to duty would have deleterious effects on the employee's health or of such a nature that attendance would have a deleterious effect on the health of other City employees. Illness or injury incurred through excessive use of intoxicating beverages is specifically excluded.
A. 
For the purpose of this article, the following, among others, shall be deemed full-time City officers: Civil Defense Director, Acting City Judge, Commissioner and Deputy Commissioner of Assessment and Taxation, Commissioner and Deputy Commissioner of Buildings, City Clerk, Deputy City Clerk, City Engineer, City Marshal and Deputy City Marshal, Corporation Counsel and Assistant Corporation Counsels, First and Second- Deputy Comptrollers, Court Clerk and Deputy Court Clerk, Director and Deputy Director of the Veterans Service Agency, Health Commissioner, Public Works Commissioner, Deputy Public Works Commissioner, Recreation and Assistant Recreation Superintendent, Registrar and Deputy Registrar of Vital Statistics, Sealer of Weights and Measures, physicians employed by the Department of Public Works, Department of Public Safety and Fire Department, Superintendent and Assistant Superintendent of the Board of Water Supply, Director of Urban Renewal, Police Commissioner, First Deputy Police Commissioner and Fire Commissioner.
[Amended 6-13-1984]
B. 
For the purpose of this article the following, among others, shall be deemed part-time City officers: dentists, pediatricians and tuberculosis physicians.
For the purpose of salary deductions the daily salary shall be considered as the annual salary divided by the actual number of working days in each year. Legal holidays shall be deemed working days.
A. 
Vacations of all City officers and employees shall be determined by the number of months or calendar years of continuous service with the City as follows:
(1) 
Vacations during first calendar year of continuous employment. Full-time City officers and employees who have worked six or more continuous months during their first calendar year of employment shall receive one calendar week of vacation with full pay during such calendar year.
(2) 
Vacations during second calendar year of continuous employment. Full-time City officers and employees in their second continuous calendar year of employment who have completed more than six months but less than 12 months of continuous service shall receive one calendar week of vacation with full pay during their second continuous calendar year of employment, and those who have completed 12 or more months of continuous service shall receive an additional one week's vacation with full pay during such second calendar year of employment.
(3) 
Vacations during third and subsequent calendar year of continuous employment. Full-time City officers and employees in their third or subsequent calendar year of continuous employment who have completed more than 12 but less than 24 months of continuous service shall receive two weeks with full pay during their third continuous calendar year of employment, and those who have completed more than 24 months of continuous service shall receive an additional week's vacation with full pay during their third continuous calendar year of employment and in each subsequent year of continuous employment.
(4) 
Vacations after 15 continuous years of City employment or membership in State Retirement Fund. Full-time City officers and employees who have completed 15 continuous years of service, computed from the date of their appointment, or have held membership in the New York State Retirement Fund for 15 continuous years and have completed two calendar years of continuous employment with the City of Mount Vernon, shall be entitled to an additional week's vacation each year with full pay.
(5) 
Part-time City officers and employees. Part-time City officers and employees, as hereinbefore defined, with at least six months' prior continuous service with the City as of the date their vacation is to commence, shall receive not exceeding five working days of vacation with full pay during any one year; those with 12 or more continuous months of prior service as of the date their vacation is to commence shall receive not exceeding 10 working days of vacation during any one calendar year.
B. 
All employees shall be deemed to have commenced work on the first day of the month in which they were appointed.
C. 
Vacation periods of City officers and employees directly appointed by the Mayor, City Council or City Judge shall be approved by the Mayor, the President of the City Council and City Judge, respectively.
D. 
Nothing hereinbefore contained shall be deemed to diminish or reduce the number of weeks of vacation earned and unused by any City officer or employee as of January 1, 1962.
A. 
Vacations shall be scheduled in periods of not less than one week, except upon approval of the department and/or bureau head.
B. 
Employees who are entitled to four weeks' vacation in any one year shall not take more than three weeks consecutively without the prior written approval of the bureau and/or department head.
C. 
Vacations may, with the prior written approval of the department head, which shall be filed with the Civil Service Commission, be accumulated up to a maximum of four calendar weeks; however, not more than four weeks' vacation may be taken in any one year unless authorized in writing by the bureau and department head.
D. 
The choice of vacation period shall be given City officers and employees with the longest periods of continuous service in the City employ, without regard to their classification, provided that such choice shall not, in the opinion of the bureau and department head, adversely affect the operation of the department. Vacation preference schedule shall be prepared and approved by the department head in the order of employee's starting dates of last continuous employment.
If a legal holiday as herein designated is observed by the City of Mount Vernon and such holiday occurs during an employee's vacation period, such employee shall be entitled to an additional day's vacation by reason of such holiday.
When computing prior continuous service of a City officer or employee in order to ascertain the employee's vacation or sick leave allowance, any period the employee is absent on leave with or without pay shall be deducted from such computation but shall not otherwise interrupt continuity.
A. 
If an employee intends to terminate his employment with the City for reasons other than dismissal from service, he shall be granted vacation with full pay equivalent to the vacation and overtime credits earned and not taken at the time of terminating employment, provided that sufficient advance notice of such termination is submitted to the department head to enable such vacation, with full pay, to be scheduled prior to the effective date of termination, and provided that at least four weeks' notice is given to the department head prior to commencing such vacation.
B. 
In the case of the death in office of a City officer or employee, including members of the Police and Fire Departments, the Comptroller is authorized and directed to pay to his next of kin or estate, in accordance with law, the full amount of salary due such City officer or employee for all of the vacation time to which he was entitled at the time of his death. The voucher shall be approved by the department head and the Civil Service Commission prior to the payment by the Comptroller.
C. 
If any City officer's or employee's services are terminated by reason of the abolishment of his job or position or for any reason other than dismissal from service and if there will be insufficient time to enable him to take his earned vacation period following written notice to him by his department head of the abolishing or termination of his job or position, he shall be entitled to receive the full amount of salary due him as of the date his services are terminated for vacation time earned but not taken by him as of said termination date.
A. 
Sick leave rests entirely upon grace and humanitarian consideration. It is a privilege granted to take care of the more common period of illness and to make some provisions for periods of prolonged illness and disability.
B. 
Accumulated sick leave credited to City employees as of December 31, 1960, shall remain in full force and effect.
C. 
Commencing January 1, 1961, sick leave shall be earned by full-time City officers and employees at the rate of 1 1/4 days per month. In his sole discretion and upon a proper finding of illness or injury necessitating medical care, a department head may permit up to 15 days of sick leave to be taken by any employee during a calendar year, notwithstanding the fact that the employee has not earned such sick leave at the time it is granted, provided that appropriate payroll adjustments shall be made in the case of any such officer or employee who fails or refuses to return to work after being granted such unearned sick leave.
D. 
Commencing January 1, 1961, sick leave shall be earned by part-time City officers and employees at the rate of 1/2 day per month for every month of continuous service.
E. 
For the purpose of calculating sick leave, the time recorded on the payroll records at the full rate of pay shall be considered as the time the employee was continuously employed.
F. 
The unit for computation of sick leave shall not be less than 1/2 day.
G. 
Sick leave credits shall be based upon actual working days only.
Commencing January 1, 1961, the unused portion of the sick leave allowance for the preceding year shall be accumulated as an allowance for additional days of sick leave absence at full pay. All sick leave accumulation shall be limited to 180 days.
In order that absence because of personal illness may be charged to accumulated sick leave, such absence must be reported by the officer or employee at or prior to the commencement of each working day of such absence, and absence for illness on Saturday or Sunday shall not be charged unless Saturday or Sunday is a designated working day for the employee. If an employee is designated to work a half day on Saturday or Sunday, then only a half day shall be charged for absence on such day.
A. 
An officer or employee who fails to report for duty due to personal illness or injury may be required to submit a written report from his physician which shall include a statement of the nature of the illness and a statement as to whether or not the employee was sufficiently ill to justify the absence. Failure on the part of the officer or employee to furnish such statement or to submit to a medical examination, as hereafter provided, within 48 hours after requested shall constitute insubordination and misconduct and shall be cause for disciplinary action.
B. 
In the event of failure to submit proof of illness upon request, or in the event that, upon such proof as is submitted by the department physician or other City medical officer, the department head finds that there is not satisfactory evidence of illness sufficient to justify the employee's absence from the performance of his duties, such absence shall be considered as unauthorized leave and the employee shall not be paid for such absence and such absence shall not be charged against accumulated sick leave credits. Abuse of sick leave privileges shall be cause for disciplinary action.
[Amended 10-11-2000, approved 10-12-2000]
A City officer or employee who has contracted an illness or has suffered an injury which would, in the normal course of events, necessitate his or her being absent for an extended period of time over and above his accumulated sick leave, vacation and overtime credits may, with the approval of the City Council, be granted a leave of absence, without pay, for a period not exceeding one year.
The department head may require an officer or employee who has been absent because of personal illness, prior to and as a condition of his return to duty, to be examined by a physician designated by the department head, to establish whether he is physically or mentally able to perform his normal duties and that his return to duty will not jeopardize his health, safety or welfare or the health, safety or welfare of other employees.
A. 
Any City officer or employee who is necessarily absent from duty because of occupational injury or disease sustained within the course of his duties and within the scope of the Workmen's Compensation Law may, pending adjudication of his case and while his disability renders him unable to perform the duties of his position, be granted leave with full pay for a period not to exceed six months, exclusive of accumulated sick leave credits and other time credits, on written approval of the department head, after satisfactory evidence has been submitted that the injury or disease was service-incurred and after full consideration of all of the facts involved. Vacation and sick leave credits shall not be earned under these circumstances for periods that an employee is on such discretionary leave with pay.
B. 
The department head shall promptly notify the Civil Service Commission of any officers or employees who have been injured in the course of employment and are filing a compensation claim and the date on which payment of salary is to be stopped by the City, and shall file a claim for reimbursement with the Workmen's Compensation Board, pursuant to Workmen's Compensation Law, Article 2, § 24, Subsection 4, if wages or salary are paid to an officer or employee while on such leave. When the officer or employee has been awarded compensation for the period of his leave with pay, such compensation award for loss of time for such period shall be paid over to the City.
A. 
The school crossing guards employed in the Police Department of Public Safety on a per diem basis shall each be entitled to receive six days of sick leave with pay in the event that he or she is unable to attend to his or her duties because of sickness or disability during each school year beginning in September and ending in June.
B. 
Every school crossing guard shall give prompt notice of inability to attend to his or her duties because of sickness or disability to the Chief Inspector of Police, who shall request the Police Department physician to make an investigation of absence and report on the alleged sickness or disability and shall use said report as his basis for allowing or disallowing sick leave pay.
If an officer or employee is absent due to illness or injury and the employee has no sick leave credit but does have accrued vacation or overtime credits, each day's absence may be deducted from such credits at the employee's written option. In the absence of written notification, such deduction shall be made as of course from the accumulated vacation time and overtime balances and the officer or employee shall receive full pay for each absence so deducted to the extent of such accumulated but unused vacation and overtime credits.
Full-time City officers and employees may be granted an absence with full pay of not more than five working days in any calendar year on account of death or serious illness in such City officer's or employee's immediate family, upon submission of satisfactory evidence thereof. Such absence may be extended to a maximum of 10 full days, but the excess above five days shall be charged to unused sick leave, vacation or overtime credits. The "immediate family" of any City officer or employee shall include grandparents, brothers, sisters, spouse, children or parents of the officer or employee or of his or her spouse. One day's absence with full pay may be granted to all City officers and employees in case of death or serious illness to members of their family other than their immediate family.
[Amended 5-23-1979, approved 5-24-1979; 1-24-1990, approved 1-25-1990; 6-27-1990, approved 6-28-1990]
Absences due to pregnancy, miscarriage, abortion, childbirth and recovery therefrom shall be considered as and credited as sick leave absences as set forth in § 50-11, Sick leave, § 50-12, Sick leave accumulation, and § 50-15, Leave of absence without pay for illness.
If an officer or employee who is not ill himself is required to remain absent because of quarantine and presents a written statement of the attending physician or the Commissioner of Health proving the necessity of such absence, he shall be granted leave with pay for the period of his required absence, said leave to be charged against accumulated sick leave, vacation or overtime credits in the same manner as if he were sick himself. Prior to return to duty, there shall be a certification by the Commissioner of Health that his return to duty will not jeopardize the health of other employees.
On the submission of proof to the department head of the necessity of jury services or attending court under subpoena other than in connection with actions or proceedings involving the City, leave of absence shall be granted with pay to all officers and employees less the amount received for jury service or witness fees which shall be paid over to the City.
[Amended 2-25-2004, approved 2-26-2004; 6-25-2004, approved 6-25-2004]
A. 
Paid military leave. Members of the Armed Forces Reserves will be entitled to a leave of absence with pay, not to exceed a total of 30 days in any one calendar year, for military-related training or active service ordered or authorized by the commanding officer or other appropriate authorities.
(1) 
An employee on paid military leave will continue to receive all City of Mount Vernon benefits for which the employee is enrolled at the time of leave, including accrual of sick and vacation leave.
(2) 
An employee taking paid military leave must submit military leave orders and pay vouchers to payroll within 30 days of returning home from leave.
B. 
Salary differential. An employee ordered to active military duty which is not part of their regular reservist duties in any calendar year or continuous period of absence exceeding the paid military leave as provided in Subsection A, shall receive from the City a salary equal to the difference, if any, between the employee's City salary and the salary paid for the performance of such ordered military duty.
(1) 
Payments of such salary differential, as provided under this article, shall be paid up to 18 months, to each employee upon documentation of payment received for military service or other service compelled by state or federal law or regulation.
(2) 
"Salary" is defined as base pay and longevity, as approved in the applicable collective bargaining agreements or in the City's Compensation Ordinance.
C. 
Military leave without pay. An employee who performs military service in excess of 30 days is entitled to a leave of absence without pay for the period of required service.
D. 
Benefits during a military leave without pay. During an unpaid military leave, an employee may elect to continue participation in any benefit program in which the employee was enrolled at the commencement of leave by paying the employee's and the City of Mount Vernon's share of premiums for those benefit programs. During such leave, the employee will accrue retirement service credits as permitted by the New York State Retirement Board.
E. 
Return from military leave without pay. An employee returning from unpaid military leave of absence will be returned to a position in the same or higher class at the same or higher pay grade. An employee seeking to return to work after an unpaid military leave must request reemployment within 90 days of discharge from military service and submit certification of satisfactory completion of military service signed by the commanding officer or other appropriate military official.
(1) 
If an employee is unable to work after discharge from military service due to physical or mental conditions resulting from military service, military leave without pay will be extended for a period not to exceed one year after discharge. An employee seeking to return to work under these circumstances must provide the City of Mount Vernon with notice of satisfactory completion of military service, and request reemployment within 90 days of regaining physical or mental ability to resume work.
(2) 
An employee who returns to work after an unpaid military leave of absence with restrictions due to physical or mental conditions may seek reasonable accommodations subject to the approval of his or her Commissioner or department head.
(3) 
A returning employee must be made whole by:
(a) 
Being allowed to contribute to the pension plan any amount that would have been contributed had the employee not been absent. The employee has three times the length of service, not to exceed five years, to make payments and the City of Mount Vernon will fund its resulting obligation under the plan within the same time frame.
(b) 
Being reinstated with privileges and status the employee earned by length of service.
F. 
Unless precluded by military necessity, advance notice must be provided, either orally or in writing, to the employee's supervisor as soon as the employee becomes aware of the need to be on military leave.
G. 
In the event that any section, paragraph, clause or phrase of this article shall be declared unconstitutional or invalid for any reason, the remaining provisions of this article shall not be affected thereby.
H. 
In the event that any section, paragraph, clause or phrase of the Code of the City of Mount Vernon conflicts with the provisions established herein, this article's provisions shall be controlling.
[Amended 10-11-2000, approved 10-12-2000]
A. 
Any City officer or employee who desires to engage in a course of study intended to increase his or her usefulness to the City service, or who for any other reason considered beneficial by the head of the department desires to secure a leave of absence from his regular duties, may, with the written approval of the City Council and the head of the department in which he or she is employed, be granted a leave of absence without pay for a period not to exceed one year. Upon the termination of such leave of absence without pay, such officer or employee may be reinstated in his or her position. When a leave of absence without pay for a year has been granted, no similar leave shall be granted to the same officer or employee within two years after reinstatement.
B. 
Any City officer or employee who is required to render ordered military or naval duty shall be granted leave of absence without pay as authorized by the laws of the State of New York.
In case any full-time City officer or employee is required to work overtime or under conditions involving extraordinary hazards to health, he may, in the discretion of the department head, if the work of the department permits, be credited with supplemental time off by the department head, which must be used within one year of the dates credited and of which not more than one week may be taken in conjunction with the annual vacation. Nothing herein contained shall prevent the payment of overtime pay where the same is provided for in the department budget or funds therefor are appropriated.
A. 
Accounting procedures.
(1) 
Absences shall be charged on the basis of a half day.
(2) 
Reporting for work more than two hours but less than four hours after the regular time shall be charged as a half day's absence. Reporting after the fifth hour shall be charged as a full day's absence.
(3) 
Since payrolls are made up from five to six days preceding the issuance of checks, unauthorized absences during such period shall be deducted from the next payroll check.
(4) 
If a City officer or employee, upon termination of his service with the City, has been overpaid by reason of any of the provisions of this article, such City officer or employee shall reimburse the City for the amount of such overpayment within 30 days after receipt of written demand therefor by the City Comptroller.
B. 
The officer or employee shall be responsible for notifying his department head in advance of a planned absence. In case of unexpected absence, such as illness or death in the family, he shall be responsible for notifying his department head before the commencement of his regular working day.
C. 
An officer or employee absent without notification and/or adequate explanation to the department head shall not be paid for such absent time and shall be subject to dismissal.
The following are the legal holidays: New Year's Day, Lincoln's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Election Day, Veterans Day, Thanksgiving Day, Christmas Day.
A. 
Each department head shall establish a vacation schedule including all members of the department who shall be entitled to a vacation and shall post a copy of such schedule in a conspicuous place or places in the office of the department, giving names and starting dates of last continuous employment and indicating the approved vacation period for each employee of the department.
B. 
Each department head shall keep a daily record showing the absence record of each employee, including dates and times thereof, and shall indicate the reason for such absences.
C. 
It shall be the duty of every department head to make a report in writing to the Civil Service Commission of the names of all officers and employees, their vacation, sick leave or time off granted, or absences during the period between the employee's last pay and the date of such report.
Credits for vacation and sick leave only shall be transferred with the employees from one City department to another City department, board, commission or office.
[Added 4-24-2002, approved 4-25-2002]
The catastrophic leave program is a voluntary program that allows employees to donate a portion of their accrued sick leave to assist another employee who is experiencing an unusual or catastrophic illness and/or injury.
A. 
Any employee who is not otherwise covered by a collective bargaining agreement, who is eligible to accrue sick, vacation, personal or compensatory time, may participate in the catastrophic leave program. Donated accrued sick leave by an employee may be used by any other eligible employee affected by a catastrophic illness and/or injury, as defined below, who has exhausted his or her sick, vacation, personal or compensatory paid leave accruals.
B. 
A "catastrophic illness and/or injury" is defined as a medical or psychological event experienced by an employee, that is likely to require an employee's absence from his/her job for a prolonged period of time.
C. 
This program does not cover time off due to a job-incurred injury covered by workers' compensation benefits, disability benefits, statutory 207A benefits, no-fault insurance or any other collateral sources.
D. 
To request assistance, the employee or the employee's supervisor (acting on behalf of the employee at the employee's request) must submit a catastrophic leave application and the physician/psychologist statement to his or her department head. The physician/psychologist statement must include a statement of the employee's inability to work, the diagnosis, and the prognosis including the anticipated date of return.
(1) 
Requests for assistance will be approved only after all sick, vacation, personal and compensatory leave accruals to which that person is otherwise entitled have been exhausted. An employee must be facing at least five or more days of unpaid leave, before an application may be submitted.
(2) 
The department head reserves the right to request a second physician/psychologist statement.
E. 
Donated sick leave days, up to the amount indicated on the physician/psychologist statement, will be transferred from donating employee(s) to the recipient employee as sick leave in full-day increments.
(1) 
A donating employee may donate up to three sick leave days in one calendar year. In addition, the employee donating annual leave must have a balance of not less than 10 days remaining of sick leave accruals after the donation.
(2) 
Donations shall only be made at the time of an authorized request for assistance. The donated annual leave days will be reported through an approved catastrophic leave donation form. This allows the Payroll Department to make the necessary adjustments to annual leave balances. Donations made will be transferred to the recipient employee as sick leave. If the employee returns to work earlier than first expected, any significant number of unused days may be transferred back on a pro rata basis to the employees who donated the days.
F. 
The catastrophic leave program shall be administered by the department where the employee requesting assistance works. The department must complete the following steps:
(1) 
The department head will review the application to determine if the applicant qualifies for assistance and the duration of that assistance. Applications that are denied must be reviewed by Management Services in consultation with the Corporation Counsel within 10 days of the issuance of a denial.
(2) 
The department head will inform other employees of the request for assistance. The only information released will be the employee's name and number of hours needed.
(3) 
The department will send the approved application and donation forms to the Payroll Department. The application and donation forms should be sent to the Payroll Department within 10 working days of receipt of the application to allow the employee to be paid.
G. 
The donated time will have no cash value.
H. 
All information received on catastrophic leave applications, physician/psychologist statements, annual leave donation forms and any additional information is confidential except to the extent necessary to effectuate the terms of this article.
I. 
When effective. This section shall take effect immediately.
This article shall take effect January 1, 1961, except that the provisions of § 50-5 pertaining to vacation periods for full-time City officers shall be effective January 1, 1962.