Village of Bellerose, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Incorporated Village of Bellerose 1-24-1977 by L.L. No. 1-1977.[1] Amendments noted where applicable.]
Code of Ethics — See Ch. 17.
Officers and employees — See Ch. 33.
Editor's Note: Pursuant to L.L. No. 1-1976 which established the Code, the provisions of this chapter were originally designated as Ch. 8.
It is declared to be the intention of the Board of Trustees of the Incorporated Village of Bellerose, in adopting the provisions of this chapter, to provide for a simple, orderly and uniform system for the administration of sick leave, overtime, vacation and holiday allowances for all persons in the employ of the Incorporated Village of Bellerose.
In pursuance of the purposes of this chapter, it is recognized that it may be necessary, from time to time, for regulations to be issued in order to carry forward the intent and purposes of the provisions of this chapter. Such regulations may be promulgated by the Mayor of the Incorporated Village of Bellerose and shall be transmitted, within three days after being so promulgated, to the members of the Board of Trustees.
The provisions of this chapter shall apply to all persons in the employ of the Incorporated Village of Bellerose, except seasonal and part-time employees and elected officials.
The employment year for which vacation allowance and time credits are calculated is the year beginning June 1 and ending on the following May 31.
The workweek in all departments of the Incorporated Village of Bellerose shall be 40 hours, extending over a period of five days.
The necessity for overtime work shall be approved in advance by the employee's department head or supervisor before any credits for overtime work shall be allowed. Overtime credits shall be granted, where and to the extent earned, to all employees when approved by the employee's immediate supervisor or department head. Overtime shall be credited only in one-half-hour units. All overtime shall be credited at the appropriate hourly rate as may be determined by a regulation promulgated by the Mayor of the Incorporated Village of Bellerose and ratified by the Board of Trustees.
All Sundays and legal holidays occurring during the year shall be observed by the various departments of government of the Incorporated Village of Bellerose. In lieu thereof, equal time off or overtime pay shall be granted to employees who must of necessity work on Sundays or holidays. If a holiday falls on a Sunday, a day shall be allowed in lieu thereof on the following Monday. Holidays to be observed shall be New Year's Day, Lincoln's Birthday, Washington's Birthday, Memorial Day, Fourth of July, Labor Day, Columbus Day, Election Day, Veterans Day, Thanksgiving Day and Christmas. The regular workday falling on Christmas Eve and on New Year's Eve shall end at noon.
[Amended 7-14-1980 by L.L. No. 5-1980]
In addition to time off for holidays, employees shall be granted annual vacation allowance with pay. The length of this allowance shall depend on length of service. Two weeks' vacation allowance shall be granted annually during the first five years of service. Three weeks' vacation allowance shall be granted annually for over five years of service. Vacations must be taken at a time that does not conflict with the work or scheduling requirements of the employee's department and shall normally be taken in periods of at least one week. Vacations must be taken during the calendar year in which they become due and may not be carried over. When a paid holiday occurs during a vacation period, it will not be counted as a day of vacation. If the employee exhausts all of his earned sick leave and his illness continues, the employee may be required to use part or all of his normal vacation allowance as continuing sick leave. If an employee has worked less than nine months, he or she may take his or her vacation before June 1 only upon approval of his or her department head and only on condition that payment will be deducted from his or her final check if he or she should cease employment before having worked nine months. Temporary employees are not entitled to vacation allowances.
Every employee of the Incorporated Village of Bellerose shall be allowed sick leave credits at the rate of one day per full calendar month of his or her working time from the date of employment, cumulative up to 30 days. When an employee's illness shall cause him to be absent for more than 72 hours, he shall submit a doctor's verification of his illness. If such illness shall cause an employee to be absent for more than five working days, the employee shall submit a complete statement of his illness and the prognosis with reference thereto, signed by his doctor, to a medical doctor designated by the Village who will then inform the employee's superiors whether he may return to work or has a bona fide illness requiring additional sick leave. An absence longer than two weeks will require examination by a doctor chosen by the Village, at Village expense, to verify the ability of the employee to carry a regular or adjusted working schedule.
An employee of the Incorporated Village of Bellerose who has served more than one year in the service of the Incorporated Village of Bellerose may be granted adequate days, but no more than four days per year with pay, in the event of death or serious illness in the employee's immediate family, on satisfactory evidence of such. Any time in excess of the above allowance may be charged to sick leave or to vacation.
Any absence for reasons not covered in the foregoing shall be without pay. Leave without pay may be granted by the Mayor of the Incorporated Village of Bellerose, subject to the approval of the Board of Trustees, and shall be effective unless the Board of Trustees shall, by resolution properly passed, indicate otherwise. In no case shall such leave without pay exceed a three-month period.
Upon the resignation of an employee, he or she shall be permitted to draw on any accrued credits for vacation, which shall be paid in an amount equal to the days earned based on the portion of the year worked before resignation. Upon termination of the employment of any employee, the employee shall not be entitled to draw with reference to such vacation time if the termination shall be involuntary as far as the employee is concerned and shall be for cause.
All employees hired for regular forty-hour-per-week employment or employees otherwise designated shall agree to a physical examination paid for by the Village, by a physician chosen by the Incorporated Village of Bellerose to attest to their ability to perform the services required without endangerment to their health. Any employee may be requested to have a physical examination at Village cost from said Village, by a chosen physician, if the Mayor and Board of Trustees believe there is any question as to the employee's ability to carry out his normal duties or if the employee has exhibited an excessive absence record. The results of such examination shall be held confidential between the physician and the employee. The Village shall receive from such physician a certification of the employee's ability to carry out his assigned work.
[Added 2-28-2011 by L.L. No. 3-2011]
The Board of Trustees may, by resolution, adopt such additional personnel policies, rules and regulations thereof, as may be necessary from time to time and may adopt a personnel manual setting forth all personnel policies adopted by statute and resolution along with forms, procedures and comments thereon.