Authorized leave is the official recognition of an employee's right to utilize, in the proper manner, any of the legitimate leave he or she has earned while in the employ of the City. Leave may be authorized with or without pay by the appropriate authority and shall be granted in accordance with these rules on the basis of the work requirements of the departments and, whenever possible, the personal wishes of the employee.
(Prior code § 8B-129)
For all leave, other than sick and emergency leave, a written request submitted on a personal action form, indicating the kind of leave, duration and dates of departure, must be approved prior to the taking of leave. In the case of sick and emergency leave, the leave form shall be submitted for approval immediately upon the employee's return to duty. Unless an absence from duty has been duly authorized by the department head and the City Administrator, an employee shall not receive compensation for any absence from duty.
(Prior code § 8B-130)
Each department head shall be responsible for reporting leave used by employees. A department head may delegate such reporting responsibility to a supervisor who can visually monitor the absence of an employee.
(Prior code § 8B-131)
A. 
The following days shall be recognized as legal holidays for which compensation will be made:
1. 
New Year's Day;
2. 
Martin Luther King, Jr.'s Birthday (January 15, 1986, and every year thereafter).
3. 
Washington's Birthday (third Monday in February);
4. 
Memorial Day (last Monday in May);
5. 
Juneteenth (June 19th);
6. 
Independence Day (July 4th);
7. 
Labor Day (first Monday in September);
8. 
Veterans Day (November 11th);
9. 
Thanksgiving Day (fourth Thursday in November);
10. 
Friday after Thanksgiving Day (November 24, 1989, and the fourth Friday in November every year thereafter);
11. 
Christmas Eve (one-half day);
12. 
Christmas Day.
B. 
Compensation for a holiday shall be made only if the employee worked on his or her last regularly scheduled working day prior to the holiday and on his or her first regularly scheduled working day following the holiday or is on approved leave. Should an employee be in a full-pay status on these two days, for whatever reason, compensation for the holiday shall be paid.
C. 
Full-time employees are granted holiday leave for the total number of hours constituting their regularly scheduled workday or shift.
D. 
Part-time employees are granted holiday leave only if they work at least 40 hours per pay period. When this eligibility requirement is met, part-time employees earn holiday leave in proportion to the number of hours reported in a pay status.
E. 
The City Administrator determines the City services to be maintained on a holiday. As a result, an employee may be required to work on designated holidays. It is the City Administrator's responsibility, or his or her designee (e.g., department heads), to designate and inform those employees required to work on holidays.
F. 
Employees who perform work for the City on a holiday shall be paid during the next regular pay period at two times their regular rate for hours worked on such day. Holiday leave may not be accumulated on or after the effective date of this chapter.
G. 
When a holiday falls on a full-time shift-work employee's regularly scheduled day off, the employee shall be paid for his or her regular shift hours that fall on the holiday, at his or her regular rate.
H. 
An employee who works additional time beyond his or her regularly scheduled workday/shift on a holiday shall be paid at the regular overtime rate of one and one-half times his or her regular rate.
I. 
An employee who is scheduled to be off on a holiday and who is called in to work shall be compensated at two times his or her regular rate for hours worked up to the amount of hours in that employee's regular shift or workday.
J. 
Should one of the above-mentioned holidays fall on a Saturday, all eligible employees shall take the regularly scheduled working day prior to Saturday as the holiday.
K. 
Should one of the above-mentioned holidays fall on a Sunday, all eligible employees shall take the regularly scheduled working day prior to Saturday as the holiday.
L. 
An employee who, on or prior to the effective date of this chapter, has accumulated holiday leave shall:
1. 
Have all accrued holiday leave balances frozen at the salary rate that is in effect at the time of enactment of this chapter;
2. 
Use all such leave by December 31, 1990, except as provided herein:
a. 
Employees shall make application for time off on or before January 1, 1990. Requests for time off shall not be unreasonably denied. If an employee has asked for time off and it cannot be scheduled because of the City's work load, accumulated holiday leave accrued prior to the effective date of this chapter may be carried over upon approval by the City Administrator, until such time as the department head can schedule time off for the employee;
3. 
Utilize accrued holiday leave by the following methods:
a. 
Use such leave at the rate of at least 10% per year for five years, on an hour-for-hour basis, at the salary rate the employee has attained at the time leave is taken, up to December 31, 1990,
b. 
Upon termination from the City, receive payment on an hour-for-hour basis at the salary rate the employee has attained on the effective date of this chapter,
c. 
Receive monetary compensation for at least 10% per year for five years at the current salary rate the employee has attained at the time of compensation. Such payments may be made in the form of deferred compensation with growth potential, such as IRS 401(k)s or IRAs.
M. 
Notwithstanding the provisions of subsection (L) of this section, the Mayor and Council may at any time authorize payment in full to employees who have accrued holiday leave, at the salary rate in effect at the time of enactment of this chapter.
N. 
Department heads are to develop annual plans for the scheduling of holiday leave accumulated prior to the effective date of this chapter. Quarterly reports are to be submitted to the City Administrator by the department heads on progress made toward the elimination of leave accrued on or prior to the effective date of this chapter. Quarterly reports are to be made to the Mayor and Council on progress made toward elimination of leave accrued on or prior to the effective date of this chapter.
(Ord. 2021-41 § 1, 2021/prior code § 8B-132)
A. 
Rates.
1. 
Each full-time and/or probationary employee and permanent part-time employee shall be entitled to earn annual leave at a rate in accordance with the following schedule:
a. 
One to 5 years of service: 96 hours per year [12 days].
b. 
6 to 10 years of service: 144 hours per year [18 days].
c. 
11 or more years of service: 192 hours per year [24 days].
2. 
These rates compute as follows:
a. 
One to 5 years of service: 8 hours per month.
b. 
6 to 10 years of service: 12 hours per month.
c. 
11 or more years of service: 16 hours per month.
B. 
No employee shall be eligible for annual leave unless he or she has completed 90 days of continuous service.
C. 
"Leave year"
refers to the period beginning January 1st and ending December 31st of the same calendar year. All leave calculations will be based on a leave-year basis.
D. 
Once an employee becomes eligible to earn annual leave, he or she may charge to his or her annual leave account an amount which is in excess of that which he or she has actually earned through years in service. The advance charge must be at a rate which corresponds to an employee's years in service and, at leave-year's end, shall not be in excess of what an employee would have earned for the particular leave year in question had advancement not occurred. Should an employee's request for advanced leave produce a deficit in his or her projected leave account balance at year's end, the request shall be denied.
E. 
Employees are not permitted to accumulate unused annual leave in an amount exceeding 30 days at the end of any calendar year. However, beginning with leave accrued during calendar year 1987, if management has denied an employee the opportunity to use accrued leave that would exceed the maximum allowable accumulation during that leave year, then such an amount may be carried over for a period of no more than one year at the discretion of the City Administrator or his or her designee, pursuant to the procedure set out below. An employee must apply to carry over such annual leave in the following manner:
1. 
Employee requests to carry over annual leave must be in writing.
2. 
Such a request must be accompanied by written documentation that annual leave was denied.
3. 
Before a request to carry over annual leave into the next calendar year shall be granted, the request must be approved in writing by the City Administrator or his or her designee.
F. 
Employees whose tenure with the City is terminated, for whatever reason, shall be paid a lump sum amount equal to the balance of annual leave earned from the date of service entrance to the final day of the preceding month.
G. 
An employee may take his or her annual leave at any time during the calendar year, provided that the department head approves of the schedule. A request for annual leave must be submitted no later than 5 workdays prior to requested vacation time. An employee shall not take more than 15 consecutive workdays off without prior written approval by the City Administrator.
H. 
Annual leave shall be credited at the end of each calendar month. No leave shall be credited when an appointment is made effective after the 15th of the month. When an employee separates from the City service, no annual leave shall be earned for that calendar month in which the separation occurs.
I. 
An employee who, on the effective date of this chapter or the end of the current accrual period, has accumulated annual leave shall:
1. 
Have all accrued annual leave balances frozen at the salary rate that is in effect at the time of enactment of this chapter;
2. 
Use all such leave by December 31, 1990, except as provided herein:
a. 
Employees shall make application for time off on or before January 1, 1990. Requests for time off shall not be unreasonably denied. If an employee has asked for time off and it cannot be scheduled because of the City's work load, accumulated annual leave accrued prior to the effective date of this chapter may be carried over upon approval by the City Administrator, until such time as the department head can schedule time off for the employee;
3. 
Utilize accrued annual leave by the following methods:
a. 
Use such leave at the rate of at least 10% per year for 5 years, on an hour-for-hour basis, at the salary rate the employee has attained at the time leave is taken, up to December 31, 1990,
b. 
Upon termination from the City, receive payment on an hour-for-hour basis at the salary rate the employee has attained on the effective date of this chapter,
c. 
Receive monetary compensation for at least 10% per year for 5 years at the current salary rate the employee has attained at the time of compensation. Such payments may be made in the form of deferred compensation with growth potential, such as IRS 401(k)s or IRAs.
J. 
Notwithstanding the provisions of subsection (I) of this section, the Mayor and Council may at any time authorize payment in full to employees who have accrued annual leave, at the salary rate in effect at the time of enactment of this chapter.
K. 
Department heads are to develop annual plans for the scheduling of annual leave accumulated prior to the effective date of this chapter. Quarterly reports are to be submitted to the City Administrator by the department heads on progress made toward the elimination of annual leave accrued on or prior to the effective date of this chapter. Quarterly reports are to be made to the Mayor and Council on progress made toward elimination of annual leave accrued on or prior to the effective date of this chapter.
(Prior code § 8B-133)
A. 
Each permanent full-time and permanent part-time employee shall in addition to annual leave be entitled to earn sick leave at the rate of 15 days per year or 10 hours per month.
B. 
The sick-leave year is identical to the annual-leave year. All leave calculations will be based on a leave-year basis.
C. 
Employees are permitted to accumulate sick leave without limit.
D. 
Granting of Sick Leave. Subject to the provisions of subsection (D)(3)(a) of this section, an employee shall be entitled to use earned sick leave for any one of the following reasons:
1. 
Illness or injury of an employee;
2. 
Employee medical appointments;
3. 
Illness of a member of the employee's immediate family or illness of a member of the employee's family outside of the employee's household, provided that the employee's absence is necessitated by that family member's illness and provided that the term "family," as used in this subsection, shall be defined as in subsection (D)(3)(a) of this section:
a. 
The term "family" shall include an employee's mother, father, domestic partner, spouse, children, siblings or those dependents who reside with the employee.
E. 
Approval of Sick Leave.
1. 
Any employee unable to report for work on account of illness or injury shall notify his or her respective supervisor in accordance with departmental regulations. Sick leave shall begin on the day notification is given and terminate upon the employee's return to duty.
2. 
Collective bargaining agreements and general work orders supersede the requirement above.
3. 
Should an employee utilize more than 4 days' sick leave, he or she may be required to submit to the department head a physician's certificate verifying the illness or injury.
4. 
In the event of any medical appointment or medical procedure scheduled at least 48 hours in advance, the employee shall notify his or her supervisor at least 24 hours in advance.
F. 
An employee who resigns in accordance with the requirements of these regulations shall have any accumulated sick leave remain on the employee's personnel record for a 3-year period and recredited to the employee's account in the event that the employee is reinstated during this period of time.
G. 
Sick leave shall be credited at the end of each calendar month. No leave shall be credited when an appointment is made effective after the 15th of the month.
H. 
In no case will payment be received by an employee for unused sick leave upon separation from City employment.
I. 
After 90 days of continuous employment, an employee may utilize the aggregate amount of sick leave which would accrue to him or her during the calendar year in which the leave is taken. Any leave taken in excess of that which would have accrued by the end of any calendar year will be considered leave without pay.
(Prior code § 8B-134)
A. 
"Compensatory leave"
is defined as time off as approved by the appropriate authorizing administrator in lieu of paid overtime, to be granted to salaried, nondepartment head employees only or those so designated by the City Administrator.
B. 
An employee who, on or prior to the effective date of this chapter, has accumulated compensatory leave shall:
1. 
Have all accrued compensatory leave balances frozen at the salary rate that is in effect at the time of enactment of this chapter;
2. 
Use all such compensatory leave by December 31, 1990, except as provided herein:
a. 
Employees shall make application for time off on or before January 1, 1990. Requests for time off shall not be unreasonably denied. If an employee has asked for time off and it cannot be scheduled because of the City's work load, accumulated compensatory leave accrued on or prior to the effective date of this chapter may be carried over upon approval by the City Administrator, until such time as the department head can schedule time off for the employee;
3. 
Utilize accrued compensatory leave by the following methods:
a. 
Use such leave at the rate of at least 10% per year for 5 years on an hour-for-hour basis, at the salary rate the employee has attained at the time leave is taken, up to December 31, 1990,
b. 
Upon termination from the City, receive payment on an hour-for-hour basis at the salary rate the employee has attained on the effective date of this chapter,
c. 
Receive monetary compensation for at least 10% per year for 5 years at the current salary rate the employee has attained at the time of compensation. Such payments may be made in the form of deferred compensation with growth potential, such as IRS 401(k)s or IRAs.
C. 
Notwithstanding the provisions of subsection (B) of this section, the Mayor and Council may at any time authorize payment in full to employees who have accrued compensatory leave, at the salary rate in effect at the time of enactment of this chapter.
D. 
Department heads are to develop annual plans for the scheduling of compensatory leave accumulated on or prior to the effective date of this chapter. Quarterly reports are to be submitted to the City Administrator by the department heads on progress made toward the elimination of leave accrued on or prior to the effective date of this chapter. Quarterly reports are to be made to the Mayor and Council on progress made toward elimination of leave accrued on or prior to the effective date of this chapter.
E. 
Any compensatory leave accrued on or prior to the effective date of this chapter and unused on or before December 31, 1990, may be converted to sick leave at the option of the employee.
(Prior code § 8B-135)
Any City employee who sustains an injury or contracts an occupational disease directly through the performance of his or her work shall be entitled to injury leave. An employee who utilizes injury leave shall receive full pay without charge against the employee's annual- or sick-leave account, subject to the following conditions:
A. 
If the disability is temporary in nature and complies with the State Workmen's Compensation Act.
B. 
Payment of injury leave shall be contingent upon the assignment of workmen's compensation insurance to the employee for the period of injury leave.
C. 
An employee who may be eligible for injury leave shall have the first 3 days of absence from work charged to sick leave. Continuous absence beyond 3 days shall be cause for granting injury leave. Continued absence beyond 28 days shall be cause to credit the employee's sick leave with 3 days. For the duration of an employee's injury leave, the City shall pay only the difference between his or her regular rate of compensation and that amount he or she will receive through workmen's compensation insurance.
D. 
The employee shall be subject to a temporary job reassignment for the period of the disability without change in pay status, provided that the employee is unable to discharge the duties and responsibilities of his or her assigned position and, subject to a physician's approval, is able to perform the duties and responsibilities of the position to which he or she is temporarily reassigned. Refusal to accept a job reassignment shall terminate the employee's eligibility to receive injury leave. Should an employee elect not to accept temporary job reassignment, it shall be the employee's option to either take leave without pay or charge time off to sick leave.
E. 
The granting of injury leave shall in no instance exceed 6 months, except with special approval of the City Council.
F. 
Annual-leave and sick-leave earnings and accrual shall remain unchanged.
(Prior code § 8B-136)
All requests for military leave, other than annual training periods, shall be handled in accordance with Section A of the Universal Military Training and Service Act. This leave shall be granted upon presentation by the employee of official orders. Military leave shall be granted for annual training periods not exceeding 15 days upon presentation of official orders. The employee shall be in a full pay status during this period, except that moneys earned while on active duty will be deducted from his or her normal earnings with the difference being paid by the City.
(Prior code § 8B-137)
A. 
Maternity leave may be granted to an employee at any time during a pregnancy upon a physician's certification that continued employment would be hazardous to the employee's health.
B. 
Any pregnant employee wishing to continue work beyond the commencement of the third trimester of pregnancy must submit a monthly statement from her physician certifying her ability to remain at work.
C. 
Upon termination of a pregnancy, an employee may not return to work for a 6-week period, unless a physician's certification is submitted indicating that the employee has fully recovered and is fully able to discharge the duties and responsibilities of the assigned position. Maternity leave in all instances shall not be continued in excess of 8 weeks upon termination of the pregnancy.
D. 
Maternity leave shall first be charged to sick leave and upon expiration thereof to annual leave. Upon expiration of all annual and sick leave, an employee shall be placed on leave of absence.
(Prior code § 8B-138)
Each permanent employee may be granted by the department head time off with pay, not to exceed 3 workdays, in the event of a death in his or her immediate family. Funeral leave shall not be charged to annual leave, compensatory leave or sick leave.
(Prior code § 8B-139)
An employee who is legally summoned to serve on juries and/or in court trials may be permitted an absence with pay for the entire time required for such duty. Should the employee receive compensation for his or her jury performance, the City will pay only the difference between the jury compensation and employee's regular rate of pay, excluding expenses.
(Prior code § 8B-140)
Should an employee who is duly eligible to participate in national, state, municipal or special elections be restricted from doing so by his or her work schedule, the department head may provide the employee a reasonable period of time to exercise this right.
(Prior code § 8B-141)