[Ord. No. 10516, 9-20-2018; Ord. No. 10776, 10-6-2022; Ord. No. 10803, 4-20-2023]
a.
All permanent, full-time employees shall be entitled to 11 holidays per year for which they shall receive full pay at their standard rate. In order for an employee to receive pay for a holiday, that employee must have been present at work on the work day immediately preceding and following the holiday, or have been on an approved leave of absence with pay for the day or days absent. Paid holiday leave shall count as eight hours worked for overtime calculation purposes, unless the employee is subject to a regular work day or shift of 10 hours or more, in which case the employee shall receive credit for hours worked consistent with the employee's regularly scheduled work shift for purposes of any overtime calculation.
b.
Part-time employees who work at least 20 hours per week and have been employed by the City for at least six months shall be entitled to 11 holidays per year for which they shall receive partial compensation at their standard rate. The employee must have been present at work on the work day immediately preceding and following the holiday, assuming these days are regularly scheduled work days, or have been on an approved leave of absence with pay for the day or days absent. Part-time employees who meet the above criterion and who are not otherwise employed by the City on a full-time basis shall be compensated according to the average number of hours worked per week divided by five (for example, an employee working 20 hours per week would receive four hours of pay for a holiday). Part-time employees shall be entitled to holiday pay which is calculated by taking the average number of hours worked for the 13 pay periods immediately preceding January 1 of the current calendar year. Provided, however, if the position has seasonal or other variations that would significantly affect the ability of an employee to earn holiday pay as contemplated herein, a Department Head may request permission from the Assistant Chief Administrative Officer for a different period to be used in calculating holiday leave. For new hire employees who work part-time, holiday pay (after six months of employment) will be calculated by taking the average number of hours worked for the 13 pay periods immediately preceding each holiday until the employee has worked for 13 pay periods before January 1.
d.
The City will attempt to accommodate the religious observances and practices of its employees. Requests for time off for religious observances, except as provided on the City's holiday schedule, will be treated on an individual basis, and accommodation will be afforded so long as such can be accomplished without undue hardship to the City's operations.
e.
Notwithstanding the above provisions regarding holidays for City employees, law enforcement personnel who work on a rotating work schedule shall be allotted 11 days of "paid time off in lieu of holidays" (referenced periodically as "PTO") each calendar year, beginning with calendar year 2023. Such law enforcement personnel shall not participate in City holidays but shall be permitted to use 11 days of paid leave, in lieu of holidays, during each calendar year, beginning with calendar year 2023. Such paid leave days shall be considered "hours worked" for purposes of any overtime calculation. Such paid leave days shall be used in full day increments only. For record-keeping purposes only, any such PTO may be designated as "holiday leave." No such paid leave shall be carried over from one calendar year to the next. To the extent that any such paid leave has not been exhausted by December 31 of each calendar year, law enforcement personnel shall be compensated for eight hours of pay for each unused paid leave day at his or her then current rate of pay or, in the event of law enforcement personnel scheduled to work shift days of 10 or 12 hours such compensation shall be for either the 10 hours or 12 hours shift applicable as of December 31 of each calendar year. Payment for such unused paid leave days shall not count toward "hours worked" for overtime purposes. The accrual of such paid leave by law enforcement personnel shall be at the rate of 5/6 of a paid leave day per calendar month. New hires within the Police Department subject to this Policy shall accrue such paid leave at 5/6 of a paid leave day per month, starting with the first full month of employment with the City. If, during any calendar year, an employee of the Police Department is assigned to a position which results in a change from or to a rotating work schedule (such as from patrol officer to detective or vice versa), the City shall take appropriate measures to assure that such employee receives a combination of 11 paid "days off in lieu of holidays" and City authorized holidays during the calendar year. Such measures may include, but not necessarily be limited to: allowing the employee to use vacation or earned compensatory time as a paid day on one or more authorized City holidays; requiring that time off during one or more authorized City holidays be unpaid; or altering the monthly accrual rate of "paid time off in lieu of holidays." In no event shall any Police Department employee receive more or less than a total of 11 paid leave days, during the calendar year under such circumstances.
f.
In the event that any law enforcement employee utilizes such PTO during a calendar year in excess of that which has accrued and thereafter dies, terminates, retires or is discharged, or otherwise separates employment with the City of Kirkwood prior to the accrual of such paid leave, the City shall be entitled to assess and recoup the value of such utilized paid leave in excess of the accrued paid leave. Any such amount due shall be withheld from any final compensation due the employee and will be collected through appropriate legal action, if necessary. If legal action is necessary to recoup such amount, the employee will be responsible for the City's costs and expenses, including attorneys' fees. In the event that the law enforcement employee dies, terminates, retires, is discharged or otherwise separates employment with the City without utilizing accrued PTO in lieu of holiday pay, such employee shall be compensated for such paid leave accrued up to the maximum allowed accrual to the date of separation, unless such employee is discharged for misconduct connected with his or her work or fails to provide at least 10 business days notice of resignation. No leave time may be substituted for such notice. No "paid leave in lieu of holiday pay" may be used during any disciplinary suspension.