City of Pacific, MO Article II Employee Leave Policies [1]

[1] Editor's Note: Ord. No. 3303, adopted 12-21-2022, set out new regulation regarding leave policies for the City. As a result and in consultation with the City this Article has been revised to reflect the current leave policies. Additional policies regarding leave can be found in the Personnel Manual held on file in the City offices.

Section 120.010 Vacation Leave.

[Ord. No. 1047 §1, 8-18-1970; CC 1976 §2-104; Ord. No. 1413 §1, 8-21-1984; Ord. No. 1749 §1, 2-1-1994; Ord. No. 2007 §1, 10-7-1997; Ord. No. 3303, 12-21-2021]

A. Vacation leave is an earned benefit intended to provide employees with paid time away from the work environment to pursue activities that will promote the well-being of the individual. Vacation leave may also be used for purposes of attending to personal business, extension of sick leave when accrued sick leave is exhausted, inability to travel to work because of inclement weather or for other purposes.

B. Employees are expected to submit their preferred vacation schedule to the appropriate Supervisor with enough advance notice to avoid any scheduling problems that may develop. Whenever possible, vacation time will be granted at the convenience of the employee; however, Department Directors must be certain that vacations do not interfere with the normal functions and activities of departmental operations. Departments may have departmental policies concerning the scheduling of vacation. Vacation time requests, if not requested in advance, may be denied.

C. Vacation leave can be requested and used in one (1) hour increments for non-exempt employees. For employees who are exempt from FLSA under the executive, administrative, or professional categories, accrued vacation leave will be used in four (4) hour increments for a partial day’s absence on approved vacation leave.

D. Accrual. Employees will accrue vacation leave according to the following schedule:

Years of Service	1 — 5	6 — 15	15 +
Leave Accrued	3.08 hours per pay period	4.62 hours per pay period	6.15 hours per pay period
Maximum amount of accrual	120 hours	160 hours	220 hours

(Note: Eligible employees who are employed as of January 1, 2022, will accrue vacation leave according to the above schedule, and will be awarded vacation leave upon their anniversary date in 2022. The amount of vacation leave awarded upon each employee’s anniversary date will be equal to their vacation leave granted under the previous Personnel Manual, minus vacation leave accrued under this provision. The result is that each employee will have been awarded or accrued the exact same amount of vacation leave in 2022 as would have been awarded under the previous Personnel Manual.)

E. In the year of hire, full-time employees shall accrue vacation leave during their three (3) month probationary period, but vacation leave may not be used until after completion of this period.

F. Accrued vacation leave will be paid out upon termination.

Section 120.020 Worker's Compensation.

[Ord. No. 775 §1, 4-21-1959; CC 1976 §2-105]

The Mayor and the City Clerk are hereby authorized to take such steps and to execute and deliver such documents as may be necessary to bring all elected officers of the City within the purview of the State Worker's Compensation Act.

Section 120.030 Sick Leave.

[Ord. No. 1211 §1, 6-15-1976; CC 1976 §2-106; Ord. No. 1233 §1, 7-19-1977; Ord. No. 1236 §1, 9-20-1977; Ord. No. 1315 §1, 9-1-1981; Ord. No. 1413 §2, 8-21-1984; Ord. No. 1590 §1, 5-21-1991; Ord. No. 1749 §1, 2-1-1994; Ord. No. 3303, 12-21-2021]

A. The intent of sick leave is to prevent a loss of income to an employee who is absent due to an injury or illness which is not job related. Should such an injury or illness occur to an employee, continued income should be insured through the use of sick leave. Sick leave may also be used for maternity and paternity reasons.

B. Sick leave shall be accrued by all full-time employees at the rate of 1.54 hours per pay period (five (5) days per year). Sick leave begins accruing immediately for all new full-time employees. Part-time employees are not eligible to accrue sick leave. (Note: All full-time employees employed on January 1, 2022 shall be granted five (5) sick days effective with the first pay period in Calendar Year 2022. Employees will also begin to accrue sick days under this policy provision at the same time.)

C. A maximum of four hundred eighty (480) hours of sick leave may be accrued.

D. After an employee’s accumulated sick leave has been exhausted, accrued vacation leave may be used as sick leave with approval of the employee’s Department Director, provided there has been no abuse of sick leave and that all provisions of the sick leave policy are met. When absence due to illness exceeds the amount of paid leave earned and authorized, the pay of an employee shall be discontinued.

E. Full-time employees are charged with one (1) hour of sick leave for each full or partial hour they are absent on approved sick leave. Sick leave can be requested and used in one (1) hour increments for non-exempt employees. For employees who are exempt from FLSA under the executive, administrative, or professional categories, accrued sick leave will be used in one (1) hour increments for a partial day’s absence.

F. Sick leave may be allowed in case of medical appointments, personal illness, physical incapacity of an employee or the employee’s immediate family. Immediate family is defined as the employee’s spouse, children, parents or a member of the household.

G. Employees who are absent due to illness for three (3) or more consecutive days shall be required to provide their Supervisor with sufficient documentation from a licensed medical professional. At his or her discretion, the Supervisor may request documentation for any sick leave taken regardless of the amount of sick leave taken.

H. A Supervisor shall be responsible to notify the Human Resources Department when an employee is absent due to illness for more than three (3) consecutive work days so the time may be evaluated for family and medical leave status (FMLA). If an employee is taking FMLA medical leave, the employee’s accrued sick leave will be debited for the leave taken.

I. Sick leave will not accrue if an employee is on an unpaid leave of absence.

J. Notice of employee absence due to a non-job-related injury or illness must be given daily by the employee to that employee’s immediate Supervisor or Department Director no later than thirty (30) minutes prior to the beginning of the employee’s work shift or as may be prescribed by departmental policy. Notification means that the employee must actually speak to his or her immediate Supervisor unless emergency conditions arise in which time immediate family members must report the absence. Failure to do so may cause the employee’s absence to be charged to leave without pay. Emergency situations which might prevent compliance with the provisions of this Subsection shall be taken into consideration by the Supervisor or Department Director.

K. Human Resources, Department Directors and Supervisors are authorized to undertake any investigations of sick leave claimed by an employee that they may deem necessary or to disapprove any claims not properly substantiated.

L. An employee who is released by an examining licensed medical professional to return to regular duty and refuses to report for work or perform his or her assigned duties is subject to disciplinary action, up to and including termination.

M. An employee on disciplinary suspension may not use sick leave for the duration of the disciplinary suspension.

N. Accrued sick leave will not be paid to any City employee upon separation from employment with the City.

O. An employee who has exhausted all available leave balances may request a leave of absence without pay or family medical leave under the Family Medical Leave Act.

Section 120.040 Personal Leave.

[Ord. No. 3303, 12-21-2021[1]]

A. Personal leave is an earned benefit intended to provide employees with paid time away from the work environment for purposes of attending to personal business, extension of sick leave when accrued sick leave is exhausted, inability to travel to work because of inclement weather or for other purposes.

B. Personal leave can be requested and used in one (1) hour increments for non-exempt employees. For employees who are exempt from FLSA under the executive, administrative, or professional categories, personal leave will be used in four (4) hour increments for a partial day’s absence on approved leave.

C. Personal leave shall be granted according to the following:

1. Five (5) days (40 hours) shall be granted to all full-time employees on a calendar year basis, effective January 1 of each year.

D. Employees in the first year of hire shall receive five (5) days (40 hours) personal leave on a prorated basis. Personal leave may not be used until completion of the three (3) month probationary period.

E. Accrued personal leave will not be paid to any City employee upon separation from employment with the City.

[1] Former Section 120.040, Sick Leave, Overtime — Public Safety Employees, which derived from Ord. No. 1210 §1, 6-15-1976; CC 1976 §2-107; Ord. No. 1237 §1, 9-20-1977; Ord. No. 1255 §§1,2, 12-19-1978; Ord. No. 1386 §§1,2, 11-15-1983; Ord. No. 1413 §3, 8-21-1984; Ord. No. 1590 §2, 5-21-1991; Ord. No. 1749 §1, 2-1-1994; Ord. No. 2444 §1, 6-21-2005, was superseded by the material now found in Section 120.030, Sick Leave, above.

Section 120.050 Holidays. [1]

[Ord. No. 1413 §4, 8-21-1984; Ord. No. 1749 §1, 2-1-1994; Ord. No. 2137 §1, 12-7-1999; Ord. No. 2184 §1, 11-7-2000; Ord. No. 3303, 12-21-2021]

A. The City provides paid holidays to all full-time employees including public safety employees and new employees who are still in their new hire probationary period. Part-time employees are extended official holidays without pay. Holidays are days designated by the City when City offices are closed on what otherwise would be regular business days.

B. The following official holidays will be observed:

New Year’s Day

Martin Luther King Day

Presidents' Day

Memorial Day

Juneteenth National Independence Day

Independence Day

Labor Day

Veterans' Day

Thanksgiving Day

Day after Thanksgiving

Christmas Eve

Christmas Day

C. Holidays occurring on Saturday normally will be observed on the preceding Friday and holidays occurring on Sunday will normally be observed on the following Monday.

D. A holiday is a period of eight (8) hours, paid at the employee’s regular rate.

E. Holidays are considered “hours worked” for purposes of calculating overtime benefits.

F. Part-time employees are not paid for holidays except for holiday hours actually worked.

G. An employee who is absent without approved leave immediately preceding or following a holiday may be required to provide a note from a licensed medical professional. The note and circumstances surrounding the unapproved leave will be reviewed, however, the City could still determine that the employee will not be paid for the holiday.

H. Employees wishing to observe religious or other holidays not listed herein shall at their option be given time off without pay or have the time charged to vacation, personal day or holiday leave time, if available.

[1] Editor's Note: See also Section 120.055, Holidays for Public Safety Employees.

Section 120.055 Holidays for Public Safety Employees.

[Ord. No. 3303, 12-21-2021]

A. Public safety employees include full-time commissioned Law Enforcement Officers and 911 communications dispatch officers. Given the need for 24-7-365 service, some Public Safety Employees must be scheduled to work during City holidays. The following policies apply:

B. Public safety employees are granted the same number of holidays as are granted to other employees of the City. Holidays are granted on a semi-annual calendar year basis, effective each January and July. The first six (6) holidays of the year (New Year’s through Independence Day) shall be granted in January, with the remaining six (6) granted in July. Holidays must be taken within the calendar year that they were granted. Unused holidays shall not accrue from year to year.

C. A holiday is a period of eight (8) hours, paid at the employee’s regular rate.

D. Holidays are considered “hours worked” for purposes of calculating overtime benefits.

E. Part-time employees and reserve officers are not paid for holidays except for holiday hours actually worked.

F. Non-exempt public safety employees required to work on the following holidays will be paid double-time (2.0) their regular rate of pay: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Non-exempt public safety employees required to work on the following holidays will be paid time-and-a-half (1.5) their regular rate of pay: Martin Luther King Day, Presidents' Day, Juneteenth National Independence Day, Veterans' Day, Day After Thanksgiving, Christmas Eve. Non-exempt public safety employees who work holidays will receive holiday leave to use on a different day.

G. Public safety employees may take holidays on regularly scheduled work days, upon approval of the Supervisor or Chief of Police. Holidays may be taken in combination with vacation or other approved forms of leave.

H. If an official holiday falls within a regular employee’s vacation leave, the employee will be granted the holiday and not charged for a day of vacation.

I. Employees who are separated from employment shall be paid for only those unused holidays that have occurred in the calendar year prior to their separation.

J. The Chief of Police may adopt policies not inconsistent with this policy for the management of holidays in the Department work schedule.