The following definitions shall be used in the application of
this article:
The year beginning January 1.
Full-time service rendered to the Town uninterrupted by means
of termination for any period of time.
An employee who has responsibility for direction of a department
of the Town.
The amount of leave that is accrued by each full-time employee
on a calendar-year basis, above the scheduled level of accrued vacation
leave.
One who receives compensation from the Town for the performance
of duty.
The month and day of hire for each respective employee for
each successive year of employment.
An employee scheduled to work a rotation system whereby an
employee is on duty for twenty-four (24) consecutive hours, then off
duty the following forty- eight (48) consecutive hours. This rotation
averages fifty-six (56) work hours per week over one calendar year.
(Applies only to certain designated uniformed Department of Public
Safety employees.)
An employee scheduled to work eight (8) hours per day, five
(5) days per calendar week.
Any employee of the Town other than a part-time or seasonal
temporary employee who is on the Town’s payroll and is working
and/or is on authorized leave and/or is on major medical sick leave.
Wife, husband, mother, father, brother, sister, daughter,
son, mother-in-law, father-in-law, daughter-in-law, son-in-law, granddaughter,
grandson, grandmother, grandfather, stepmother, stepfather, stepdaughter,
stepson, sister-in-law and brother-in-law.
Authorized absence from duty or employment at the Town.
Leave granted in the event a full-time employee experiences
a long- term illness or injury, including maternity leave for pregnant
employees.
Authorized absence from duty at the Town during which the
employee receives compensation through the use of accrued paid leave
and/or other leave with pay as established in this article.
Any employee who is on the payroll and is working a regular
scheduled work week of less than forty (40) hours per week. Such employees
are not eligible for the benefits provided in this article.
Any employee whose job position with the Town is scheduled
for less than fifty-two (52) weeks in any twelve-month period. Such
employees are not eligible for the benefits provided in this article.
The cessation of employment between the Town and the employee.
That portion of accrued leave that must be taken during each
calendar year by each full-time employee, respective to his or her
length of service at the Town.
(1971 Code, sec. 2-98)
Leave with pay shall be granted by the Town to all full-time
employees pursuant to the following provisions:
(1)
Vacation leave.
All full-time employees shall be granted
vacation leave based on the following schedule:
(A)
Forty-hour employee:
(i)
Employees who have completed twelve (12) months or more of continuous
full-time service but less than sixty (60) months of continuous full-time
service on January 1 shall be entitled to vacation leave totaling
eighty (80) hours for that calendar year.
(ii)
Employees who have completed sixty (60) months or more of continuous
full-time service but less than one hundred eighty (180) months of
continuous full-time service on January 1 shall be entitled to vacation
leave totaling one hundred twenty (120) hours for that calendar year.
(iii)
Employees who have completed one hundred eighty (180) months
or more of continuous full-time service on January 1 shall be entitled
to vacation leave totaling one hundred sixty (160) hours for that
calendar year.
(iv)
For employees who have completed less than twelve (12) months
of continuous full-time service on January 1, vacation leave for that
calendar year shall be calculated by multiplying a ratio, as determined
by dividing the number of calendar days employed as a full-time employee
during the preceding twelve (12) months by three hundred sixty-five
(365) days, times eighty (80) hours.
(B)
Fifty-six-hour employee:
(i)
Employees who have completed twelve (12) months or more of continuous
full-time service but less than sixty (60) months of continuous full-time
service on January 1 shall be entitled to vacation leave totaling
one hundred twenty (120) hours for that calendar year.
(ii)
Employees who have completed sixty (60) months or more of continuous
full-time service but less than one hundred eighty (180) months of
continuous full-time service on January 1 shall be entitled to vacation
leave totaling one hundred sixty-eight (168) hours for that calendar
year.
(iii)
Employees who have completed one hundred eighty (180) months
or more of continuous full-time service on January 1 shall be entitled
to vacation leave totaling two hundred sixteen (216) hours for that
calendar year.
(iv)
For employees who have completed less than twelve (12) months
of continuous full-time service on January 1, vacation leave for that
calendar year shall be calculated by multiplying a ratio, as determined
by dividing the number of calendar days employed as a full-time employee
during the preceding twelve (12) months by three hundred sixty-five
(365) days, times one hundred twenty (120) hours.
(C)
All full-time employees must schedule vacation leave with their respective
department head and take all vacation leave accrued on each January
1, in that calendar year.
(2)
Discretionary leave.
All full-time employees shall be
granted discretionary leave, which shall accumulate at the rates stated
herein.
|
|
Discretionary Leave Hours Accumulated Per Pay Period
|
Total Number of Hours Per Year
|
|---|---|---|
|
40-hour employee
|
2.77
|
72
|
|
56-hour employee
|
3.70
|
96
|
(A)
Discretionary leave may be used by an employee in case of illness
or personal matters, or it may be carried over into future calendar
years.
(B)
Discretionary leave taken due to illness shall be granted to an employee
only on the written approval of the employee’s department head.
Prior to the payment of such compensation, either the department head
or the Town Administrator may require a certificate of illness or
injury which would include a statement as to the ability of the employee
to return to work.
(C)
Discretionary leave taken for non-illness reasons shall be taken
only on the prior written approval of the employee’s department
head.
(3)
Major medical sick leave.
Any employee who is required,
because of illness or disability, to be confined to his or her home
or hospital shall be granted, as part of his or her compensation for
services, major medical sick leave, upon presentation to the Town
of a certificate by a licensed medical physician, in accordance with
the following provisions:
(A)
Each full-time employee shall accrue major medical sick leave on
a calendar-year basis as based on the following schedule:
|
|
Major Medical Sick Leave Accumulated Per Pay Period
|
Total Number of Hours Per Year
|
|---|---|---|
|
40-hour employee
|
1.85
|
48
|
|
56-hour employee
|
2.77
|
72
|
(B)
Major medical sick leave shall commence only after an employee has
used either discretionary or vacation leave due to illness or injury
off the job as based on the following requirements:
(i)
40-hour employee: Forty (40) consecutive work hours.
(ii)
56-hour employee: Forty-eight (48) consecutive work hours.
(iii)
In the event an employee, having qualified for major medical
sick leave pay, returns to work but must again be absent due to the
same illness or injury within fifteen (15) calendar days, there shall
be no requalification period identified in subsection (3)(B)(i) or
(ii) above when validated with a certificate from a licensed medical
physician.
(C)
Upon return to work, the Town may require a certificate by a licensed
medical physician stating the ability of the employee to return to
work.
(D)
Major medical sick leave shall commence only after an employee has
used all other leave due to a work-related illness or injury.
(1971 Code, sec. 2-99)
(a)
Funeral leave.
Each full-time employee shall be eligible
for leave, up to twenty-four (24) hours per calendar year for a forty-hour
employee and forty-eight (48) hours per calendar year for a fifty-six-hour
employee, due to the death of an immediate family member of the employee
(hereinafter referred to as “funeral leave”). An employee
shall receive funeral leave only upon prior written approval of the
employee’s department head. The actual number of hours of funeral
leave granted shall be subject to each respective department head’s
determination of need. Funeral leave, when granted, shall be deducted
from the employee’s accrued major medical sick leave.
(b)
Jury and witness duty leave.
The Town shall grant any
full-time employee paid leave for authorized jury and witness duty
service (herein referred to as “jury and witness duty leave”),
to a maximum of forty (40) hours per calendar year for forty-hour
employees and forty-eight (48) hours per calendar year for fifty-six-hour
employees. If an employee serving on jury and witness duty leave on
his or her regularly scheduled work day is released from jury duty
by a judge or the central jury room administrator at a time where
fifty (50) percent or more of the employee’s regularly scheduled
work hours remain, the employee shall report to work at the Town for
the balance of that regular scheduled work day. The employee’s
department head or the Town Administrator shall require certification
of dismissal date and time upon the employee’s return to work.
(c)
Military training leave.
The Town shall grant any full-time
employee who is a member of a state military force, or member of any
of the reserve components of the armed forces, paid leave (hereinafter
referred to as “military training leave”), on all days
during which an employee shall be engaged in authorized training when
ordered or authorized by proper authority. Military training leave
shall not exceed 120 hours for 40-hour employees or 168 hours for
56-hour employees, in any one calendar year. The pay benefit for “military
training leave” shall be the difference between the employee’s
military pay and the employee’s regular base pay in effect on
the date the leave is granted, for leave taken based on regularly
scheduled work hours. However, as a condition to the receipt thereof,
a copy of that employee’s duty orders or other documentation
satisfactory to the Town must be presented showing the dates of such
service.
(d)
Administrative leave.
On a case-by-case basis, and if
the Town Administrator determines it to be in the best interests of
the Town, the Town may place an employee on paid leave for administrative
purposes (hereinafter referred to as “administrative leave”),
for an indefinite period of time.
(1971 Code, sec. 2-100; Ordinance 1696, sec. 1, adopted 5/14/07; 1971 Code, sec. 2-100)
(a)
The
following shall be designated as holidays for all fulltime employees
of the Town, except those individuals who are (1) employed fulltime
in the Town Library Department; and (2) fire protection personnel
employed fulltime in the Town Department of Public Safety.
(1)
The first day of January in each year, designated as New Year’s
Day.
(2)
The third Monday in January in each year, designated as Martin Luther
King, Jr. Day.
(3)
The last Monday in May in each year, designated as Memorial Day.
(4)
The fourth day of July in each year, designated as Independence Day.
(5)
The first Monday of September in each year, designated as Labor Day.
(6)
The fourth Thursday of November in each year, designated as Thanksgiving
Day.
(7)
The Friday immediately following Thanksgiving Day.
(8)
The 24th of December in each year, designated as Christmas Eve Day.
(9)
The 25th of December in each year, designated as Christmas Day.
(b)
The
following shall be designated as holidays for all fulltime employees
employed in the Town Library Department:
(1)
The first day of January in each year, designated as New Year’s
Day.
(2)
The Saturday preceding the third Monday in January in each year,
designated as Martin Luther King, Jr. Day.
(3)
The Saturday preceding the Sunday designated as Easter Sunday.
(4)
The Saturday preceding the last Monday in May in each year, designated
as Memorial Day.
(5)
The fourth day of July in each year, designated as Independence Day.
(6)
The Saturday preceding the first Monday of September in each year,
designated as Labor Day.
(7)
The fourth Thursday of November in each year, designated as Thanksgiving
Day.
(8)
The 24th of December in each year, designated as Christmas Eve Day.
(9)
The 25th of December in each year, designated as Christmas Day.
(c)
The
following shall be designated as holidays for all fire protection
personnel employed fulltime in the Town Department of Public Safety:
(1)
The first day of January in each year, designated as New Year’s
Day.
(2)
The third Monday in January in each year, designated as Martin Luther
King, Jr. Day.
(3)
The last Monday in May in each year, designated as Memorial Day.
(4)
The fourth day of July in each year, designated as Independence Day.
(5)
The first Monday of September in each year, designated as Labor Day.
(6)
The 11th of September in each year, designated as September 11th
Day.
(7)
The fourth Thursday of November in each year, designated as Thanksgiving
Day.
(8)
The 24th of December in each year, designated as Christmas Eve Day.
(9)
The 25th of December in each year, designated as Christmas Day.
(d)
Should
a designated holiday occur on a Saturday or Sunday, the Town Council
shall designate the regularly scheduled work day immediately preceding
or following the defined holiday as the observed holiday.
(e)
All
fulltime employees shall be compensated at his/her base pay rate for
time off in observance of the holidays listed herein.
(f)
On
the aforesaid holidays, none of the offices and departments of the
Town shall be open to conduct Town business except for the Department
of Public Safety. All employees in the Department of Public Safety
assigned to operations (police, fire and emergency medical) and to
communications shall accrue holiday leave (hereinafter referred to
as “holiday leave”), regardless of whether or not they
are required to work on a designated holiday, based upon the following:
(1)
Forty-hour employee: Eight (8) hours.
(2)
Fifty-six-hour employee: Twelve (12) hours.
|
Any other employee scheduled to work on a designated holiday
by their department head shall also accrue holiday leave equal to
the actual number of hours worked, not to exceed one (1) day’s
accrual as described above.
|
(g)
In
the event that a Town-authorized holiday occurs during an employee
vacation leave, time off with pay on that holiday shall be charged
as holiday leave and not as vacation leave. Computation of hours per
each holiday shall be eight (8) hours for a forty-hour employee or
twelve (12) hours for a fifty-six-hour employee.
(h)
The
use of holiday leave shall be granted at a time designated by each
employee’s department head.
(i)
If
an employee fails to appear for work on the last regular work day
preceding a holiday or the first regular work day following a holiday,
then said employee shall not be eligible for holiday pay unless he/she
is on leave.
(Ordinance 1802 adopted 9/1/09)
(a)
Leave of absence.
An employee may be granted time off
from work, without pay, by the Town for any reason deemed satisfactory
to the Town when the granting of such leave is in the mutual interest
of the Town and the employee (hereinafter referred to as “leave
of absence”). Leave of absence shall not exceed a period of
ninety (90) calendar days. Leave of absence shall be requested in
writing no less than fourteen (14) calendar days prior to the beginning
of the leave and said request shall be approved by the employee’s
department head and the Town Administrator. An employee accepting
other employment or engaged in business for himself or herself while
on leave of absence shall be terminated by the Town. Should an employee
not return to work upon the expiration date of his or her leave of
absence that employee shall be considered to have voluntarily terminated
employment with the Town. Absence from work on leave of absence shall
not be considered as time worked for the purpose of accruing any employee
benefits.
(b)
Military active-duty leave.
An employee entering the
United States military service on active duty shall be granted military
leave of absence by the Town without pay for that time actually spent
on active duty (hereinafter referred to as “military active-duty
leave”). Military active-duty shall not include an employee’s “military
training leave” as defined previously in this article. The reemployment
of an employee from “military active-duty leave” shall
be consistent with reemployment rights as set forth in the Uniform
Services Employment and Reemployment Rights Act of 1994 (USERRA),
as amended.
(1971 Code, sec. 2-102; Ordinance 1696, sec. 2, adopted 5/14/07)
(a)
Paid
leave for each employee shall be calculated at the employee’s
regular base rate of pay in effect on the date the leave is granted.
(b)
Any
employee absent from work on authorized leave or major medical sick
leave shall be considered as time worked for the computing of leave.
(c)
If
an employee has earned vacation leave at January 1 on any calendar
year, and has not taken the same prior to termination in that applicable
year, the employee shall be entitled to leave pay for that portion
of unused vacation leave plus that portion of vacation leave accrued
from January 1 of the current calendar year, to termination date,
provided that said employee shall have given the Town at least two
(2) weeks’ written notice of termination.
(d)
Time
off from work related to employee pregnancy (hereinafter referred
to as “maternity leave”) is treated as any employee illness
with regard to use of leave. Maternity leave must meet the eligibility
requirements as stipulated herein.
(e)
Each
full-time employee of the Town retiring from employment with the Town
under the conditions established by the provisions of the Texas Municipal
Retirement System, as adopted by the Town, shall be paid for limited
unused discretionary and/or major medical sick leave upon retirement
as follows:
(1)
Forty-hour employee: A maximum number of eligible leave hours equal
to twenty and eight-tenths (20.8) hours for each full year of employment
with the Town. Eligible leave hours shall be defined as:
(2)
Fifty-six-hour employee: A maximum number of eligible leave hours
equal to twenty-nine and twelve-hundredths (29.12) hours for each
full year of employment with the Town. Eligible leave hours shall
be defined as:
(1971 Code, sec. 2-103; Ordinance
adopting Code)
The Town Department of Finance shall be required to keep complete
and comprehensive leave records for each Town employee, and it shall
also be responsible for the calculation of:
(1)
All
leave taken and accrued.
(2)
Holidays
taken or the date taken as a substitute for the holidays if said employee
was required to work on the holiday.
(1971 Code, sec. 2-104)
