[HISTORY: Adopted by the Town Board of the Town of Macedon
as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-25-1992 (Ch.
23, Art. I, of the 1996 Code)]
The Town Board of the Town of Macedon, County of Wayne and State
of New York, hereby establishes the following policies, rules and
regulations to govern vacations, holidays, sick leave and other benefits
for the employees of the Town of Macedon.
The purpose of this article is to establish uniform provisions
for vacations, holidays, sick leave and other benefits for the employees
of the Town of Macedon.
As used in this article, the following terms shall have the
meanings indicated:
All employees of the Town of Macedon. This includes elected
and appointed officials and/or probationary, temporary, seasonal,
hourly or per diem employees.
The time the workday commences and ends. The normal workday,
as described, may be varied by the Town Board or the elected official
in charge of the department or office.
Highway and Water Department. The normal workday shall start
at 7:00 a.m. and end at 4:30 p.m. on Monday, Tuesday, Wednesday and
Thursday. On Friday, the workday shall start at 7:00 a.m. and end
at 3:00 p.m. During the day, each employee shall have 1/2 hour for
lunch and a fifteen-minute break each morning.
Town office. The normal workday shall start at 9:00 a.m. and
end at 4:30 p.m. during a standard workweek. During the day each employee
shall have one hour for lunch and a fifteen-minute break in each morning
and afternoon, unless they are the only person manning the office.
Other Town offices staffed on less than a full-time basis shall
maintain hours that are established by the Town Board or the official
in charge of the office.
Holidays with pay selected by the employee within a standard
workweek.
An employee who works a full-time schedule but who has not
worked six consecutive months for the Town.
Five consecutive days, other than Saturday or Sunday, in
which each employee shall work as the Town Board shall determine.
Employees of the Town who are hired for a specific job and/or
for a specific period of time or a specified number of hours per week,
which at the time of employment is not expected to exceed an average
of 20 hours per week.
SEASONALThose employees who are employed during a single season of the year.
TEMPORARYThose employees whose length of employment is able to be determined at the time of hiring and whose termination date shall not be more than 90 days from the date of commencement of work.
[Amended 6-25-2020 by L.L. No. 3-2020]
HOURLY OR PER DIEM EMPLOYEESThose employees hired for a specific job or to perform a specific work and whose employment will cease at the end of the job.
That time in excess of 40 hours in any standard workweek
for hourly employees.
For the purpose of vacation, a calendar week of seven days
from Sunday through Saturday inclusive, including, for the purpose
of pay, only five normal workdays.
Each weekday, except Saturday, Sunday or a legal holiday,
unless otherwise directed or authorized by the Town Board.
[Amended 12-13-2007 by Res. No. 323; 6-25-2020 by L.L. No. 3-2020]
Benefits for employees working less than the standard workweek
are as follows:
A.
Sick leave. There shall be no sick leave allowance.
B.
Personal leave. There shall be no personal leave allowance.
C.
Vacation. There shall be no vacation allowance.
D.
Holidays. The employee shall be paid for holidays as if a full-time
employee, but may not receive a sum in excess of what the employee
might receive if that date were a regularly scheduled work date (i.e.,
if the employee works four hours on each Monday, and if Monday is
a holiday, the employee would receive four hours of pay for the holiday).
E.
Medical. Medical coverage is afforded to part-time employees at their
own expense effective December 13, 2007.
Benefits for full-time employees shall be accrued as follows:
A.
Vacation, holidays and days off; leave.
(1)
All full-time employees shall be entitled to annual vacations with
pay based upon their years of service and employment as follows:
(a)
Five days after one full year of employment.
(b)
Ten days after two full years of employment.
(c)
Eleven days after four full years of employment.
(d)
Twelve days after five full years of employment.
(e)
Thirteen days after six full years of employment.
(f)
Fourteen days after seven full years of employment.
(g)
Fifteen days after eight full years of employment.
(h)
Sixteen days after 10 full years of employment.
(i)
Seventeen days after 12 full years of employment.
(j)
Eighteen days after 14 full years of employment.
(k)
Nineteen days after 16 full years of employment.
(l)
Twenty days after 18 full years of employment.
(m)
Twenty-five days after 29 full years of employment.
(2)
Years of service shall be computed from January 1 of the year the
employee became a full-time employee of the Town of Macedon.
(3)
All full-time employees shall be paid for holidays during the year
as designated by the Town Board at the annual organizational meeting.
A copy of the designated holidays will be distributed to all personnel
immediately following the organizational meeting. In the event that
any of the holidays set forth above shall fall within a designated
vacation period, the employee shall be entitled to a day off for each
such holiday which falls within his designated vacation period.
(4)
The Town, through its designated officials in the case of the Highway
Department, the Town Superintendent or his deputy, may designate a
week in which all the employees must take all or part of the vacation
days to which they are entitled, as the case may be. For example,
the Town Highway Superintendent may designate that the Town Highway
Department shall be closed in the week in which July 4 shall occur.
Anyone not entitled to one week's vacation (five days) must take the
vacation and give the Town a day of compensatory time for each day
of vacation taken to which the employee was not entitled or, at the
Superintendent of Highway's option, take those days without pay.
(5)
All vacations are subject to the approval of the head of the department
or office, if there is one, and no vacation may be taken without such
approval. If there is no supervisor or elected official, all persons
desiring to take vacations are to notify the Town Board of the intended
vacation schedule. The employee shall also maintain a record of vacation
taken.
(6)
The department head will forward information to the Supervisor's
office. This includes any and all vacations taken, both employees
and department heads. This should be updated and forwarded monthly
by department heads.
(7)
All vacation time must be utilized by the employee in the calendar
year during which the employee becomes entitled to such time, except
up to one standard work week of unused vacation time may be carried
over from the year accrued to the succeeding year.
[Amended 12-10-2020 by L.L. No. 6-2020]
(8)
No employee shall be entitled to a vacation or to take a vacation
upon the severing of his employment status with the Town, even though
he would otherwise be entitled to a vacation. In the year in which
the employee severs his employment status, he shall be entitled to
take a vacation equivalent to that determined by dividing the full
days of vacation to which the employee is entitled by 12 months and
multiplying the resultant figure by the full months worked in the
year that the employment is terminated.
(9)
Full-time employees shall have two personal days per year. Personal
days may not be accumulated and if not taken will be lost.
(10)
Each employee shall be entitled to paid leave as follows:
(a)
In the event of the death of an employee's parents, spouse,
children, brother or sister, the employee shall be excused from his
work at his request and paid a normal day's pay for all days lost,
but not exceeding three days, including the day of the funeral. The
time taken may include either two days before the funeral or one day
after the funeral, or any configuration of those days, but may not
exceed three days in total.
(b)
In the event of the death of an employee's grandparents, mother-in-law,
father-in-law, brother-in-law, son-in-law, sister-in-law or daughter-in-law
or stepbrother, stepsister or stepparent, the employee shall be entitled
to one day off, provided that it is a normal workday and not a holiday.
B.
Retirement.
(1)
All full-time employees, by New York State law, shall be covered
by the New York State Retirement System. The Town currently participates
in Program 75i for the employees who are in Tiers I and II. All other
full-time employees shall participate in those programs which have
been approved by the Town Board for which they are eligible under
the State of New York Pension and Retirement Rules.
(2)
All part-time employees have the option to participate in the New
York State Retirement System.
C.
Medical/surgical benefits (health insurance).
[Amended 7-23-1998 by Res. No. 230-98; 12-7-2000]
(1)
All full-time employees shall be eligible for medical/surgical benefits
under the plan chosen by the Town Board, and the Town of Macedon will
cover a portion of the cost of the annual premium.
[Amended 1-6-2010 by Res.
No. 29]
(a)
The Town's contribution is set at 100% of the total premium
for a single policy of the designated Town policy; any other policy
shall be at the expense of the employee over and above the 100% of
the cost of the designated Town policy.
(b)
The Town's contribution is set at 80% of the total premium for
two-person and family policies of the designated Town policy; any
other policy shall be at the expense of the employee over and above
the 80% of the cost of the designated Town policy.[1]
[1]
Pursuant to Res. No. 117, adopted 3-28-2002, former Subsection
C(2), regarding health benefits for probationary employees, was removed
from the Code. This resolution extended health benefits to all full-time
employees from their hire date, retroactive as of 1-1-2002.
(2)
All coverage at the Town's expense terminates upon the death of the
employee. The surviving spouse may, however, by paying the cost of
such coverage, participate in the medical-surgical coverage afforded
to Town employees. All payments, pursuant to this subsection, must
be received by the Town prior to the date when the Town must transmit
its payment to its carrier.
[Amended 6-25-2020 by L.L. No. 3-2020]
(3)
Full-time employees who opt not to participate in the insurance benefits
program of the Town are entitled to a nonparticipatory credit, the
amount of which is to be determined by the Town Board. This credit
shall be applied uniformly across pay periods throughout the year;
it is not to be paid as a lump-sum amount. Upon separation from the
Town for any reason, any unpaid amount of this credit is forfeited.
(4)
Full-time employees of the Town of Macedon who retire at or after
the age of 55, in accordance with the rules and regulations of the
New York State Retirement System, shall be entitled to the following
post-retirement health insurance coverage reimbursement at Town expense:
(a)
A policy covering the retiree as follows:
[Amended 2-9-2017 by L.L.
No. 1-2017]
|
Years of Service to Town
|
Percent of Premium
|
Not to Exceed
|
|---|---|---|
|
Over 10
|
25%
|
$750
|
|
Over 15
|
50%
|
$1,500
|
|
Over 20
|
75%
|
$2,250
|
|
Over 25
|
100%
|
$3,000
|
(b)
The Town Board reserves the unfettered right, free from judicial
review, to modify or eliminate this post-retirement benefit.
D.
Sick leave.
[Amended 12-7-2000]
(1)
Full-time employees shall be entitled to receive seven sick days
per calendar year. Each day of sick leave shall be a day with pay,
as if a normal workday, if the employee has earned sick leave.
(2)
Employees may accumulate up to a maximum of 120 days. Accumulated sick days may only be used to cover extended illnesses. See Article II of this chapter for treatment of accumulated sick leave upon retirement.
(3)
Termination for reasons other than retirement or disability shall
mean a forfeiture of the accumulated sick time.
(4)
Absence from duty by an employee by reason of his sickness or disability
not covered by workers' compensation (disability) law shall be allowed
as provided in this subsection and not otherwise.
(a)
In the event that the illness or disability shall exceed three
days, the department head (Superintendent/Supervisor or Town Board)
may require a doctor's certificate as often as weekly that the employee
is disabled or too sick to work. A physician's certificate must be
filed for each fourteen-day period of absence. In addition to this
requirement, the department head may require such extra evidence of
illness or disability as may be reasonable, including an independent
physician's examination by a physician of the department head's choice,
at the expense of the Town.
[Amended 6-25-2020 by L.L. No. 3-2020]
(b)
Each leave shall be considered for all purposes as earned with
continuous service, but in the event of a resignation other than for
retirement or discharge of an employee, his accumulated and unused
sick leave shall be cancelled, and the employee shall not be paid
for such time that has accumulated and not been used.
(c)
When a Town employee uses sick days for disability, the number
of sick days returned to the employee would be based on the amount
the Town is reimbursed for the disability claim. In the event that
a Town employee becomes eligible for workers' compensation benefits
but still wishes to draw full salary pending any award, he/she is
required to use accrued sick pay and/or vacation pay.
E.
Family and Medical Leave Act. The Family and Medical Leave Act (FMLA)
allows employees up to a total of 12 calendar weeks during any rolling
twelve-month period for documented serious medical problems that the
employee has or that a member of their immediate family has that requires
the employee's attention. This leave is not in addition to the employee's
sick leave or sick leave bank allowance. Family and medical leave
time, if authorized and warranted, is to run concurrently with other
absences so that the total sick leave used during the rolling twelve-month
period does not exceed 12 weeks.
[Added 12-7-2000]
(1)
Your rights under the Family and Medical Leave Act of 1993. FMLA
requires covered employers to provide up to 12 weeks of unpaid, job-protected
leave to "eligible" employees for certain family and medical reasons.
Employees are eligible if they have worked for a covered employer
for at least one year, and for 1,250 hours over the previous 12 months,
and if there are at least 50 employees within 75 miles.
(2)
Reasons for taking leave.
(a)
Unpaid leave must be granted for any of the following reasons:
[1]
To care for the employee's child after birth or placement for
adoption or foster care.
[2]
To care for the employee's spouse, son or daughter, or parent
who has a serious health condition.
[3]
For a serious health condition that makes the employee unable
to perform the employee's job. At the employee's or employer's option,
certain kinds of paid leave may be substituted for unpaid leave.
(3)
Advance notice and medical certification. The employee may be required
to provide advance leave notice and medical certification. Taking
of leave may be denied if requirements are not met.
(a)
The employee ordinarily must provide 30 days' advance notice
when the leave is foreseeable.
(b)
An employer may require medical certification to support a request
for leave because of a serious health condition, and may require second
or third opinions (at the employer's expense) and a fitness for duty
report to return to work.
(4)
Job benefits and protection.
(a)
For the duration of FMLA leaves, the employer must maintain
the employee's health coverage under any group health plan.
(b)
Upon return for FMLA leave, most employees must be restored
to their original or equivalent positions with equivalent pay, benefits
and other employment terms.
(c)
The use of FMLA leave cannot result in the loss of any employment
benefit that accrued prior to the start of an employee's leave.
(5)
Unlawful acts by employers. FMLA makes it unlawful for any employer
to:
(6)
Enforcement. The U.S. Department of Labor is authorized to investigate
and resolve complaints of violations.
(a)
FMLA does not affect any federal or state law prohibiting discrimination,
or supersede any state or local law or collective bargaining agreement
which provides greater family or medical leave rights.
F.
Extra pay.
[Amended 12-7-2000]
(1)
Each hourly Town employee shall be entitled to 150% of his hourly
pay for each authorized hour over 40 hours worked in any calendar
week from Sunday to Saturday inclusive.
(2)
In the event that the employee shall be required to work on any holiday,
he shall be entitled to his holiday pay, plus the regular day's pay
for that date, unless the hours worked shall qualify under time and
a half, in which case the employee shall receive his holiday pay,
plus 150% of his regular pay.
[Adopted 12-28-1995 by L.L. No. 8-1995 (Ch. 23, Art. II, of the 1996 Code)]
As used in this chapter, the following terms shall have the
meanings indicated:
A permanent, full-time employee of the Town of Macedon.
Resignation or the voluntary or involuntary severance for
reasons other than misconduct, of an employee from the service of
the Town at a time such employee is eligible for receipt of a regular
service retirement pension from the New York State Retirement System
by means of age and length of service.
Number of days or parts thereof afforded to an employee as
compensated absence due to illness according to the extant personnel
practices and procedures established by the Town Board of the Town,
as amended from time to time.
The Town of Macedon.
Town employees retiring from Town service after two continuous
years of such service immediately preceding shall be entitled to a
cash payment upon retirement equivalent to accumulated days of sick
leave in a number no greater than 75 days. This sum shall be paid
at a per diem equal to the employee's current daily rate of pay at
the time of retirement. To the extent consistent with § 41,
Subdivision j, of the New York State Retirement and Social Security
Law, such accumulated sick leave shall be added to the employee's
length of service calculated upon retirement. A spouse of an otherwise
eligible employee, in case of the employee's death during service,
shall receive the cash payment the deceased employee would have received
had such employee elected retirement at the time of death.
This retirement benefit shall be effective immediately upon
its filing with the Secretary of State and applicable to all eligible
employees of the Town of Macedon.
This retirement benefit is enacted pursuant to § 10
of the Municipal Home Rule Law and consistent with § 92
of the General Municipal Law.
