[HISTORY: Adopted by the Town Board of the Town of Poughkeepsie as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-25-1991 by L.L. No. 5-1991]
All nonunion and nonelected employees and officers of the Town of Poughkeepsie, upon retirement or death ("retirement" being defined as receiving benefits under the New York State Retirement System or receiving social security benefits at age 62 and thereafter), shall be paid for unused sick leave days accumulated after the effective date of this chapter up to a maximum of 100 days and 100% of the employee's normal rate of pay.
If, upon the effective date of this chapter, an employee has more than 100 accumulated sick leave days, the employee's sick time accumulation will not be reduced below the accumulated amount by reason of this chapter; provided, however, that such employee may not accumulate additional sick leave days for payment upon retirement or death above the amount standing to the employee's credit on the effective date of this chapter.
In the event that an employee with more than 100 sick leave days falls below the one-hundred-day maximum, the employee may not thereafter accumulate sick leave days for payment upon retirement or death in excess of the one-hundred-day maximum.
Nothing in this chapter shall limit the number of sick leave days an employee may accumulate for use as sick time leave.
[Adopted 11-20-2002 by L.L. No. 15-2002]
The Town Board has heretofore determined that it is a benefit to allow employees under various circumstances to accrue unused sick leave, vacation leave and personal leave as well as compensatory time. It has further been determined that said accruals which must be earned in conformity with the appropriate state and/or contracts and/or resolution of the Town Board are to be paid at the time of the employee's separation or retirement from the Town of Poughkeepsie consistent with the terms and conditions set forth in the aforesaid resolution, local laws or collective bargaining agreements. It has further been determined that this is a benefit that should be afforded only to employees who are in good standing at the time of their separation and should not be an automatic payment for simply being an employee for a period of time.
As used in this article, the following terms shall have the meanings indicated:
- EMPLOYEE IN GOOD STANDING
- An employee who leaves employment with the Town of Poughkeepsie either by death, resignation, retirement or simple separation from service, and is not the subject of a disciplinary or a criminal investigation which has, or within 90 days after his separation, resulted in a finding of guilt or misconduct in connection with the performance of his duties.
It is the intention of the Town Board that if an employee does not separate from the Town of Poughkeepsie in good standing, as above-defined, or said employee is discharged for misconduct or resigns in lieu of any disciplinary action or a notice of disciplinary action, then in that event said employee shall forfeit all accrued vacation time, accrued sick leave, accrued compensatory time, accrued personal time; provided, however, that the Town Board, upon application, and for good cause shown, may waive the application of this provision in whole or part on a case-by-case basis.