The following words, terms and phrases, when used in this division,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
DEPARTMENT
Office, department, division, board or commission.
SERVICE
Service in any department of the City. The word "service" shall also mean service in any subdivision of the City. In order to credit such prior service toward his vacation status, an employee must submit to his department head a sworn statement of such service executed by the appropriate official of such subdivision. Military leave, court leave, industrial accident leave, and absence with pay under the rules governing vacations, sick leave or other leave with pay shall be counted as service under §
50-192A.
WEEK
The number of days, excluding holidays, in the regular workweek
of an employee.
[Amended 8-22-2000 by Ord. No. 2000-23]
A. Employees of the City, except emergency employees, shall be credited
as of December 31 with vacation leave with pay not to exceed the following:
(1) For less than one year's service completed on December 31, a vacation
leave of one day for each calendar month, not to exceed 10 days. Vacation
leave credit will begin at once for employees starting work on the
first working day of a calendar month; otherwise it will begin on
the first day of the following calendar month.
(2) For each of the next succeeding four years completed from January
1 following the date of employment, a vacation leave of two weeks.
If an employee enters the City service on the first working day of
a vacation year, that year shall constitute the first of the four
years mentioned in this subsection.
(3) For each of the next succeeding five years, a vacation leave of three
weeks.
(4) For each year after the ninth such year completed, a vacation leave
of four weeks.
(5) For all employees represented by Local 526, for each year after the
14th year completed, a vacation leave of five weeks, and one additional
day's vacation for each year after the 19th year completed, up to
a maximum of 30 days' vacation.
(6) For all members of the park police, for each year after the 19th
year completed, a vacation leave of five weeks.
(7) For all employees represented by Local 3177, for each year after
the 14th year completed, a vacation leave of five weeks, and one additional
vacation day for each year after the 20th year completed, up to a
maximum of six weeks. Any employee who has been continuously employed
for a period longer than one year shall be granted two personal days
for each calendar year this agreement is in effect. Such personal
days shall not be cumulative from year to year, except that employees
shall be allowed to carry over one day in the next calendar year,
for a total of three days, one carryover day and two days accrued
during the carryover year, and employees having a minimum of one year's
continuous service prior to July 1, 1981, shall be entitled to one
personal day for the period from July 1, 1981, to December 31, 1981,
which personal day shall be used prior to January 1, 1983. Personal
days shall be requested by written notice to and received by the appropriate
department head at least 24 hours prior to the intended personal day.
In the event of an emergency, notice shall still be given to such
department head, but the notice need not be written or prior to such
twenty-four-hour period.
(8) For all positions covered under §§
50-301,
50-309 and
50-310, vacation leave in accordance with Subsection
A(7) of this section relative to Local 3177.
(9) For all employees represented by the Fall River Employees' Association, for each year after the 14th such year completed, a vacation leave of five weeks. Vacation leave shall be earned and credited as provided in §
50-193. Each employee may take off, in each calendar year, without penalty or loss of earnings or dilution of any other rights under this chapter, two days, in addition to all other days off to which he is entitled under this contract. To the extent practicable, such employee shall give reasonable notice thereof to his department head prior to his absence. For the purpose of this subsection, such days off shall be known as "personal days."
B. When an employee is on leave without pay or absent without pay for
15 days or more, such leave or absence must be deducted proportionately
from the vacation leave credits for that vacation year. The number
of days to be deducted from the vacation leave credits will be determined
by using the number of days of leave without pay (15 days or more)
as the numerator. The number of days the employee is required to work
for the year will be the denominator. This result will be multiplied
by the number of days of vacation credits for that vacation year.
The vacation year shall be the period from January 1 to December 31,
inclusive.
Vacation leave earned during any vacation year shall be credited
on January 1 and shall be available during the next vacation year.
The provisions of §
50-192 shall not apply to employees of the School Department or to the uniformed members of the Police and Fire Departments.
Appointive officers may grant vacation leave as provided in §
50-192 at such times during the vacation year as will best serve the public interest. Preference should be given employees on the basis of years of employment by the City.
Absence on account of sickness in excess of that authorized
under any rules therefor or for personal reasons not provided for
under sick leave rules may, at the discretion of the appointing authority,
be charged to vacation leave.
Upon the death of a City employee who is eligible for vacation
leave under the provisions of this division, payment shall be made
in an amount equal to the vacation allowance as earned in the vacation
year prior to the employee's death but which had not been granted,
and, in addition, that portion of the vacation allowance earned in
the vacation year during which the employee died, up to the time for
his separation from the payroll; provided that no monetary or other
allowance has already been made therefor. The City Auditor may, upon
request of the appointing officer of the deceased employee, authorize
the payment of such compensation upon the establishment of a valid
claim therefor, in the following order of precedence:
A. To the surviving beneficiary, if any, lawfully designated by the
employee under the contributory retirement system.
B. If there is no such designated beneficiary, to the estate of the
deceased.
Each department of the City shall keep a register showing records
of vacations, both accrued and granted, for each employee.
Vacation credits shall accrue to an employee while on a leave-with-pay
status or on industrial accident leave.
The vacation status of an employee shall not be affected by
absence with pay.
Vacation leave earned following a return to duty after leave
without pay or absence without pay shall not be applied against such
leave or absence.
An employee whose employment by the City is uninterrupted shall
retain all accrued vacation credits.
Vacation leave earned in the state, towns, other cities, counties
or districts, the federal government, etc., shall not be transferred
to City service.
Under no circumstances shall vacation leave become cumulative.
Employees who are duly elected or appointed delegates to conventions
of veterans' organizations to be held in the commonwealth shall be
allowed time off, not in excess of three days, if such time is necessary
in order to attend such conventions.