[Adopted 3-11-2004 by L.L. No. 1-2004]
The Town Board has determined that it is in
the interest of the Town to permit the transfer of vacation, leave
and sick days as a means of promoting good will with the Town's work
force, retention of employees and general morale. In so acting, the
Town Board exercises the authority granted it by virtue of Municipal
Home Rule Law § 10.
Employees of the Town may at their option permit
the use of accrued vacation, leave and sick days by another employee
of the Town who shall have exhausted such days off, subject to the
following terms and conditions:
A.Â
Such transfer shall not be permitted if the exercise
violates the terms and conditions of a collective bargaining agreement
or contract governing the conditions of employment of either the transferor
or transferee.
B.Â
The transfer must be made by written direction to
the Town Supervisor or his designee upon such form or forms as may
be established for such purpose.
C.Â
The leave or other time transferred shall have vested
with the transferor prior to the transfer. The transfer of unearned
leave time of even such days as may be guaranteed by contract shall
be prohibited.
D.Â
Any day(s) transferred shall be utilized by the transferee
in the calendar or contract year in which the day(s) accrued to the
transferor and may not be recredited to the transferor, except that
any day(s) not utilized shall revert to the transferor only to the
extent it may serve as the basis for computing compensatory time.
The transfer of such days shall result in a
corresponding reduction in the available vacation, leave or sick days
available to the transferor. However, an employee may not transfer
more than 75% of his or her available days.
Any person aggrieved by such decision or determination
of the Town Supervisor or his designee shall be entitled to seek review
pursuant to CPLR Article 78, provided such action shall be commenced
within 30 days of the filing of the notice with the Town Clerk.
