[R.O. 2007 §26-59]
For the purpose of this Article, the phrase "working
day" shall mean any day on which an employee or officer of
the City actually works or would work under ordinary circumstances.
Saturday and Sunday shall not be considered as working days unless
the officer or employee normally works on Saturday or Sunday. Furthermore,
the word "year" shall be construed to mean the fiscal
year of the City.
[R.O. 2007 §26-60]
Regular holidays, Saturdays and/or Sundays which may fall or
occur during a vacation, sick or other leave period of any officer
or employee of the City shall not be considered as a day's vacation,
sick or other leave.
[R.O. 2007 §26-61; Ord. No. 3742 §1, 1-5-1970; Ord.
No. 4248 §2, 4-4-1977; Ord. No. 4591 §1, 6-1-1981; Ord. No. 5516 §1, 1-6-1992; Ord. No. 6689 §1, 3-15-2004; Ord. No. 7009 §1, 12-3-2007]
All regular employees of the City shall receive eight (8) hours
straight time pay for the following holidays or days legally observed
as such:
Employee's Birthday
New Year's Day, January 1
Martin Luther King's Birthday, the third (3rd) Monday in January
Presidents' Day, the third (3rd) Monday in February
Good Friday
Memorial Day, the last Monday in May
Independence Day, July 4
Labor Day, the first (1st) Monday in September
Veterans Day
Thanksgiving Day, the fourth (4th) Thursday in November
Day after Thanksgiving
Christmas Eve, December 24
Christmas Day, December 25
When December twenty-fourth (24th) falls on a Saturday or Sunday,
the preceding Friday shall be granted as a paid holiday.
[R.O. 2007 §26-62; Ord. No. 3742 §4, 1-5-1970]
When any legal holiday observed by the City listed in Section 120.330 shall fall on a Saturday, the preceding Friday shall be designated as the legal holiday. When any holiday falls on a Sunday, the following day (Monday) shall be designated as the legal holiday.
[R.O. 2007 §26-63; Ord. No. 3742 §3, 1-5-1970]
Temporary employees of the City shall not be required to report
to work on the designated legal holidays of the City, but they will
not receive wages unless they actually worked.
[R.O. 2007 §26-64]
Hourly employees required to work on any observed holiday shall
receive double time for all time worked.
[R.O. 2007 §26-65; Ord. No. 5262 §2, 3-6-1989]
If an employee is absent without acceptable reason from his/her
work the day immediately preceding or the day immediately following
a holiday observed by the City, he/she shall not receive holiday pay.
No employee off work due to illness or disability who has exhausted
his/her accrued personal sick leave shall be entitled to holiday pay.
[R.O. 2007 §26-66; Ord. No. 4248 §3, 4-4-1977; Ord.
No. 4366 §§1 — 2, 12-18-1978; Ord. No. 5516 §1, 1-6-1992; Ord. No. 6272 §2, 6-5-2000]
Each regular employee of the City who is not covered under a
different contract shall receive vacation leave with pay based upon
his/her years of service as follows:
|
Years of Service
|
Leave Accumulated
| |
|---|---|---|
|
After 1 year
|
Five (5) days
| |
|
After 3 years
|
Ten (10) days
| |
|
After 5 years
|
Fifteen (15) days
|
|
Said employee shall accumulate an additional one (1) day of
leave with pay for each year of service after ten (10) years of service
(e.g., eleven (11) years = sixteen (16) days, twelve (12) years =
seventeen (17) days, etc.) up to twenty (20) days for fifteen (15)
years of service. At the beginning of the employee's twentieth (20th)
anniversary year, he/she will receive an additional five (5) days
of vacation for a maximum of twenty-five (25) days.
|
[R.O. 2007 §26-67; Ord. No. 4591 §1, 6-1-1981]
A.
The
dates of an employee's vacation leave shall be selected by April first
(1st) of each year. Selection of such dates up to this time shall
be by seniority.
B.
Employees
having more than one (1) week vacation time shall be allowed one (1)
split thereof during the vacation period. Employees splitting vacations
shall make their first (1st) choice of dates for such vacation and
after selection of vacation dates by all other employees, then shall
make their second (2nd) choice of vacation dates.
C.
Employees
having more than two (2) weeks' vacation shall be allowed to split
vacation time in one (1) week increments more than once.
[R.O. 2007 §26-68]
Annual vacation leave may be taken as earned by the employee
or in any other amount as desired by the employee, subject to the
approval of his/her department head. Vacation leave shall not be paid
for unless the same is actually taken. Leave taken in excess of that
earned and credited shall be without pay.
[R.O. 2007 §26-69]
Annual leave credits accumulated by each employee as of the
adoption of this Code shall be retained as of the effective date of
this Code.
[R.O. 2007 §26-70]
The City Manager is hereby authorized to pay as terminal pay
all unused annual vacation leave time. In the event such employee
is suspended or dismissed, the payment of such terminal pay shall
be solely within the discretion of the City Manager.
[R.O. 2007 §26-71]
An employee of the City who desires to take an educational course
or courses utilizing out of hours time and at his/her own expenses,
which course or courses will improve the employee's knowledge and
capabilities for his/her work with the City, may, with the approval
of the City Manager, draw cash in lieu of accumulated vacation leave
in an amount not to exceed the equivalent of ten (10) days' vacation
leave. In all cases, the vacation leave must have already been accumulated
and the payment check will be made jointly to the employee and the
education institution involved. This shall only apply where the course
or courses taken require payment of money by the employee for payment
to the institution involved and will not be allowed where the course
or courses are free.
[R.O. 2007 §26-72]
City employees who shall die while working for the City shall
be entitled to payment for all of the accumulated vacation leave credited
to his/her account. All such leave computations shall be at the regular
rate of pay of the employee at the time of death. Such accumulated
leave payment shall be paid to the spouse, if any, and if not, to
the children in equal shares and if none, then to the estate of the
deceased.
[R.O. 2007 §26-73; Ord. No. 5516 §1, 1-6-1992]
A.
Sick
leave with pay shall not be a right which an employee may demand but
a privilege granted to such employee by the City for the benefit of
the employee when he/she is sick.
B.
Sick
leave may be granted to an employee if he/she shall be absent from
work due to any of the following: Sickness, bodily injury, quarantine,
required physical or dental examinations or treatment, exposure to
a contagious disease when continued work might jeopardize the health
of others.
C.
Absence
from work resulting from intemperance, immorality, willful misconduct
or as the result of injury while working for another employer or acting
as a contractor shall not be charged against the sick leave or the
employee.
D.
Claiming
sick leave under false pretense to obtain a day off with pay shall
be grounds for immediate dismissal from work for cause.
[R.O. 2007 §26-74; Ord. No. 4478 §1, 5-5-1980; Ord.
No. 4591 §1, 6-1-1981; Ord. No. 4752 §1, 7-5-1983; Ord. No. 5262 §2, 3-6-1989; Ord. No. 5516 §1, 1-6-1992; Ord.
No. 6584 §1, 3-3-2003; Ord. No. 6612 §1, 5-19-2003; Ord. No. 6636 §1, 8-4-2003; Ord. No. 7018 §1, 1-7-2008; Ord.
No. 7032 §1, 3-3-2008; Ord. No. 21-43, 8-2-2021]
A.
All
regular employees shall accrue leave at the rate of twelve (12) hours
sick leave for every calendar month worked. Sick leave may be accumulated
to a maximum of one thousand forty (1,040) hours. An employee shall
be eligible for sick leave after ninety (90) days of service; however,
sick leave benefits will begin accruing from the date of employment.
Sick leave must be earned and credited to an employee's account before
sick leave benefits will be paid. No sick leave benefits will be paid
in advance.
B.
An
employee who has accumulated the maximum number of sick leave days
and who subsequently exhausts all of those sick leave days as a result
of a serious illness or injury shall, upon his/her return to work
for ninety (90) uninterrupted working days, be credited for sick leave
on a three (3) for two (2) basis until said employee once again accumulates
the maximum number of sick leave days. Any employee who has used not
more than one-half (½) sick leave day for a preceding quarter
shall have added to his/her accumulated vacation days one (1) day
for each such quarter. A day earned in the last quarter of the calendar
year shall be carried forward and available to said employee for vacation
in the following calendar year. Any employee who has used no sick
leave days for a preceding year shall have added to his/her accumulated
days one (1) additional day. No employee off work due to illness or
disability who has exhausted his/her accrued personal sick leave shall
be entitled to holiday pay.
[R.O. 2007 §26-75; Ord. No. 5262 §3, 3-6-1989; Ord.
No. 5516 §1, 1-6-1992; Ord. No. 6272 §1, 6-5-2000; Ord. No. 7017 §1, 12-17-2007]
Employees who retire within the guidelines of this contract
and LAGERS LT-8 (65) shall be allowed to take time off earlier than
those guidelines required by using forty percent (40%) of all accumulated
sick leave time and shall receive a normal full City paycheck during
that time, forty percent (40%) of accumulated sick leave prior to
actual date of retirement. There will be no City benefits earned while
taking off the forty percent (40%) of accumulated sick leave prior
to actual retirement.
[R.O. 2007 §26-76; Ord. No. 5262 §4, 3-6-1989; Ord.
No. 5516 §1, 1-6-1992]
A.
To
be absent on sick leave, an employee must notify his/her supervisor
as early as practical on the first (1st) day of such leave and those
employees classified as shift workers shall notify their supervisor
at least two (2) hours in advance of their regularly scheduled hour
for reporting to work, if possible. Failure to give such notice shall
result in the absence being charged to leave without pay.
B.
Permission
for sick leave for medical examinations, treatments or dental work
shall be obtained at least two (2) days prior to beginning of leave.
Employees covered herein shall be granted up to two (2) days per year
of such leave.
C.
Employees
covered herein shall be granted up to eight (8) days per calendar
year of his/her annual sick leave for emergencies that arise as a
result of sickness or accident to a member of his/her immediate family
living in the employee's household requiring his/her attention and
for hospitalization or surgery of a son or daughter not living in
the employee's household requiring his/her attention. Time under family
sick leave may not be accumulated.
[R.O. 2007 §26-77]
A.
The
Supervisor shall take prompt and necessary action as may be deemed
appropriate when:
[R.O. 2007 §26-78; Ord. No. 4591 §1, 6-1-1981]
If an employee appears to be abusing sick leave or consistently
uses sick leave as it is earned, the City reserves the right to require
the employee to furnish a doctor's certificate documenting any alleged
illness. The City shall notify the employee claiming sick leave within
twenty-four (24) hours of the reported illness that a doctor's certificate
will be required to substantiate the application for sick leave. In
any event, an employee claiming sick leave for three (3) consecutive
days will be required to submit a doctor's certificate documenting
any alleged illness.
[R.O. 2007 §26-80]
The City may require a physician's certificate as to the nature
of the illness and as to the employee's physical capacity to resume
his/her duties for each occasion on which an employee uses sick leave.
The employee's department head shall be responsible for the application
of this provision to the end that there will be no abuse of sick leave
privileges.
[R.O. 2007 §26-81]
Annual sick leave or time that can be credited to accumulative
sick leave earned by an employee prior to the adoption of this Code
shall be retained as of the effective date of this Code.
[R.O. 2007 §26-82]
All sick leave credits accumulated by an employee of the City
shall end and terminate when the employee retires, resigns or is dismissed
by the City.
[R.O. 2007 §26-83]
Any employee injured while on duty shall continue to accumulate
seniority during his/her absence due to such injury and shall be reinstated
upon recovery to his/her former position with full seniority rights,
provided he/she is physically qualified to return to work.
[R.O. 2007 §26-84]
[R.O. 2007 §26-85]
Any employee who is disabled because of injury while on duty
shall receive his/her regular straight time rate of pay less any pay
received as Workers' Compensation up to twelve (12) weeks. If disability
continues over twelve (12) weeks, no further City compensation will
be paid. No employee in any one (1) year period shall be entitled
to more than twelve (12) weeks pay from job injury regardless of the
number of accidents in such year.
[R.O. 2007 §26-86; Ord. No. 4425 §1, 9-4-1979]
Maternity leave shall be granted under the same conditions as
the provisions of the Family Maternity Leave Act.
[R.O. 2007 §26-87]
A.
Supervisors
may, in appropriate circumstances, grant leave of absence without
pay for a period not to exceed two (2) weeks. If such leave of absence
is requested for a longer period of time, the special approval of
the proper authority shall be secured.
B.
A leave
of absence without pay shall not be granted in order that the employee
may accept or seek temporary employment or more remunerative employment
elsewhere.
[R.O. 2007 §26-88; Ord. No. 4469 §1, 4-7-1980; Ord.
No. 6296 §1, 8-21-2000]
All officers and employees of this City or of any department
thereof who are or may become members of the National Guard or of
any reserve component of the Armed Forces of the United States, shall
be entitled to leave of absence from their respective duties without
loss of time, pay, regular leave, impairment of efficiency rating
or of any other rights or benefits, to which otherwise entitled, for
all periods of military services during which they are engaged in
the performance of duty or training in the service of this State or
of the United States under competent orders; except that an officer
employee while on such leave shall be paid his/her salary or compensation
for a period not to exceed a total of fifteen (15) calendar days in
any Federal fiscal year. Such an employee shall be entitled to the
employee's standard salary in addition to such military pay as the
employee receives while said employee is engaged in the performance
of such military duties. Military leave shall not be charged against
the annual leave to which the employee may be eligible.
[R.O. 2007 §26-89]
Time and pay will be allowed for actual time spent in reporting
or serving for jury duty. When actually serving on a jury, the full
eight (8) hour shift will be considered as leave with pay. The pay
allowed to the employees during this leave shall be less the sum received
for reporting for or serving on the jury.
[R.O. 2007 §26-90; Ord. No. 4752 §2, 7-5-1983; Ord.
No. 5516 §1, 1-6-1992; Ord. No. 20-81, 12-21-2020]
A leave of absence with pay of reasonable duration, not to exceed
five (5) days, will be allowed when an employee's husband, wife, son,
daughter, father, or mother dies. Four (4) days of absence with pay
will be allowed when an employee's sister or brother dies. Three (3)
days of absence with pay will be allowed to attend the funeral of
a father-in-law, mother-in-law, brother-in-law, sister-in-law, grandparents
or grandchildren, stepmother, stepfather, and stepchildren.
[R.O. 2007 §26-91]
A special leave of absence at full or part pay may be granted
by the City Manager upon recommendation of the department head to
permit a City employee to take courses of study which will better
equip the employee to perform his/her duties for the City.
