A.
Designated holidays. The Town of Esopus will observe
the following holidays:
B.
Holiday occurs on days off. In the event that a designated
holiday occurs on a Saturday, the holiday will be observed on the
preceding Friday. In the event that a designated holiday occurs on
a Sunday, the holiday will be observed on the following Monday.
C.
Holiday pay. A full-time employee who does not work
on a designated holiday will be paid for the day at the employee's
regular daily rate of pay. An intermediate employee is eligible to
receive holiday pay only for designated holidays on which the employee
would normally be scheduled to work and only for the employee's regularly
scheduled number of hours. A part-time, temporary or seasonal employee
is not eligible for holiday pay.
D.
Assigned to work on a holiday. A full-time FLSA nonexempt
and intermediate employee who is required to work on a designated
holiday will be paid for all hours worked at 1 1/2 times the
employee's regular rate of pay, in addition to the holiday pay. A
part-time, temporary or seasonal employee who works on a designated
holiday will be paid at the employee's regular rate of pay.
A.
Allowance. A full-time employee will be credited with
paid vacation leave in accordance with the vacation schedule directly
below. An employee may take vacation leave only after it has been
credited. A new employee will be credited with vacation leave on the
employee's one-year anniversary. Thereafter, the employee will be
credited on January 1 of each year for the vacation leave earned in
the previous year. An employee who has a two-, five- or fifteen-year
anniversary with the Town will be credited with the extra week of
vacation on the employee's anniversary date. An intermediate employee
will earn paid vacation leave in the same manner granted to full-time
employees. Such leave will be prorated by the average number of hours
the employee works in a workweek divided by five.
|
After Completion of:
(years of continuous service)
|
Vacation Leave
(days)
| |
|---|---|---|
|
1
|
5
| |
|
2
|
10
| |
|
5
|
15
| |
|
15 and each year thereafter
|
20
|
B.
Part-time, temporary or seasonal employees. A part-time,
temporary or seasonal employee is not eligible for paid vacation leave,
but may be allowed to take time-off without pay, provided that the
employee has prior approval from the department head.
C.
Scheduling. An employee must receive prior approval
from the employee's department head to take vacation leave. The department
head will have total discretion in the approval of vacation leave.
D.
Accumulation. An employee may not accumulate vacation
leave credits and must use all vacation leave in the year in which
it is earned.
E.
Holiday during scheduled vacation. In the event that
a designated holiday occurs on an employee's normal workday and the
employee is on paid vacation, the employee will receive holiday pay
for the day and the employee's vacation leave credits will not be
charged for that day.
F.
Termination of employment. An employee whose employment
with the Town is terminated will receive cash payment for unused vacation
leave to which the employee is properly entitled at the employee's
then current rate of pay.
A.
Allowance. A full-time employee will be credited with
one day of paid sick leave each month. An employee may take sick leave
only after it has been credited. The employee will be credited on
the first day of the month after it was earned. An intermediate employee
will earn paid sick leave in the same manner granted to full-time
employees. Such leave will be prorated by the average number of hours
the employee works in a workweek divided by five.
B.
Part-time, temporary or seasonal employees. A part-time,
temporary or seasonal employee is not eligible for paid sick leave
but may be allowed to take time-off without pay provided that the
employee has prior approval from the department head.
C.
Accrual during leaves of absence. An employee will
be credited with sick leave credits while on a paid leave of absence,
but not while on an unpaid leave of absence.
D.
Use of sick leave. Sick leave is provided to protect
an employee against financial hardship during an illness or injury.
Sick leave is an insurance benefit against financial loss not a leave
benefit to which the employee is automatically entitled. An employee
may use sick leave credits for personal illness or injury that inhibits
the employee's work or for medical and dental appointments which cannot
be scheduled during non-work hours. Sick leave credits may not be
used in increments of less than one hour.
E.
Family sick leave. An employee may use sick leave
credits for family illness or injury only if the employee must provide
direct care to an immediate family member. The employee may use up
to 40 hours of sick leave credits for family sick leave which will
be subtracted from the employee's accumulated sick leave credits.
For purpose of family sick leave, "immediate family member" will mean
the employee's parent, spouse or child, including stepchild and foster
child.
F.
Accumulation. An employee may accumulate sick leave
credits to a maximum of 40 days.
G.
Sick leave incentive program. In the event that a
full-time employee has accumulated 40 sick leave days, the employee
may continue to accrue one sick leave day per month up to a maximum
of 12 additional days. The employee shall be paid an amount equal
to 1/2 of the additional sick leave days remaining at the end of the
calendar year. The employee shall receive the sick leave incentive
payment on the second payday in December. In the event of sickness
during the period following the payment, the employee shall receive
an adjustment in the number of sick leave days credited in the following
calendar year.
H.
Medical verification. The Town may require medical
verification of an employee's absence if the Town perceives the employee
is abusing sick leave, or has used an excess amount of sick leave,
or when an employee is absent for more than three consecutive workdays
due to an illness or injury. An employee who fails to produce such
documentation or falsifies or alters such documentation will be subject
to appropriate disciplinary action in accordance with the Civil Service
Law (§ 75).
I.
Abuse of sick leave. An employee who, after investigation,
is found to have abused the use of sick leave will be subject to appropriate
disciplinary action in accordance with the Civil Service Law (§ 75).
J.
Termination of employment. An employee whose employment
with the Town is terminated will not receive cash payment for unused
sick leave. An employee who retires from the Town will receive cash
payment for the balance of unused sick leave. In the event that a
full-time employee who has accumulated 40 sick leave days hence becomes
an elected official in the Town of Esopus, the days will be banked
and held in reserve until retirement or reemployment by the Town.
A.
Summary. A full-time employee may be allowed to take
personal leave with pay to attend to a personal matter that cannot
be attended to during nonworking hours.
B.
Intermediate, part-time, temporary or seasonal employees.
An intermediate, part-time, temporary or seasonal employee is not
eligible for paid personal leave.
C.
Scheduling. An employee must receive prior approval
from the employee's department head to take personal leave. The department
head will have total discretion in the approval of personal leave.
[Amended 11-19-2009 by L.L. No. 14-2009[1]]
The Town of Esopus shall make medical insurance benefits available,
as determined by the Town Board, to the following individuals:
A.
Full-time
employees of the Town of Esopus who are regularly scheduled to work
at least 35 hours per week during normal business hours;
B.
Elected
officials holding the positions of the Town Highway Superintendent,
Town Clerk and Town Supervisor provided such individuals work a minimum
of 35 hours per week during normal business hours in such capacities
excepting reasonable vacation, holiday and sick time.
[Amended 10-18-2018 by L.L. No. 2-2018]
[1]
Editor's Note: This local law provided that it would take
effect 1-1-2010, and also provided that, notwithstanding its provisions,
any elected official currently receiving medical insurance benefits
or a medical insurance buyout would continue to receive such benefits
until his or her current term expired.
A.
Coverage. The Town will make available major medical, hospital and surgical insurance to each Town employee identified in § 32-60A above and elected officials identified in § 32-60B above and such employee’s or elected official’s family. Coverage shall begin on such employee’s or elected official's first day of employment or service, as the case may be.
[Amended 11-19-2009 by L.L. No. 14-2009[1]]
[1]
Editor’s Note: This local law provided that it would
take effect 1-1-2010, and also provided that, notwithstanding its
provisions, any elected official currently receiving medical insurance
benefits or a medical insurance buyout would continue to receive such
benefits until his or her current term expired.
B.
Plan. The Town may, at its discretion, change carriers
and/or offer an alternative plan. A description of the plan may be
obtained from the Secretary to the Supervisor.
C.
Premium payment. The Town will pay the full premium
for individual or family medical insurance coverage, as the case may
be, for each eligible full-time employee hired prior to January 1,
1998. A full-time employee who becomes eligible for medical benefits
on or after January 1, 1998, must contribute 10% of the cost of the
premium for the type of coverage selected. The premium will be deducted
from the employee's regular paycheck. The employee may elect to have
such deduction made on a pretax basis in accordance with Section 125
of the Internal Revenue Code.
D.
Changes in employee contribution amounts. The Town
Board may, by Town Board Resolution, increase the amount the employee
must contribute to the medical insurance premium for individual and/or
family medical insurance coverage.
E.
Enrollment information. The Secretary to the Supervisor
will provide the employee with the enrollment forms and assist with
the administrative and operational aspects of the medical insurance
program. Enrollment in a medical insurance plan is not automatic.
The employee must complete the necessary enrollment forms. The employee
must select individual or family coverage, as the case may be, and
submit the enrollment forms to the Secretary to the Supervisor on
time.
A.
Eligibility. Any full-time employee or elected official eligible for medical insurance benefits pursuant to § 32-60A and B above may, at such employee’s or elected official’s discretion, receive a cash buyout in lieu of receiving medical insurance benefits. To be eligible for the medical insurance buyout, such employee or elected official must provide documentation to the Town Board that the employee is covered by comparable medical health insurance in a manner and form acceptable to the Town Board and sign and deliver to the Town Board an appropriate waiver of health insurance and waiver of liability in form satisfactory to the Town Board.
B.
Amount of
insurance buyout. Any full-time employee or elected official eligible
for a medical insurance buyout shall receive an amount equivalent
to 33% of the average cost of the annual premium for the type of coverage
(family or individual) chosen by such employee or elected official.
The Town Board may, through resolution, increase or decrease the amount
of the buyout at its sole discretion.
C.
Method of
payment of insurance buyout. Payments of the insurance buyout to eligible
employees and elected officials shall be made on a quarterly basis.
D.
Reinstatement
of medical insurance benefits. In the event an employee or elected
official receiving a cash buyout in lieu of receiving medical insurance
benefits loses coverage under the alternate insurance plan or in the
event that the employee prefers the Town’s insurance program,
such employee or elected official may resume coverage under a medical
plan available through the Town. Coverage shall commence on the first
calendar day of the first month immediately following the employee
or elected official giving written notice to the Town, which notice
must be received by the Town at least five business days prior to
the end of the then-current month. In the event that notice is not
received at least five business days prior to the end of the then-current
month, insurance coverage shall commence on the first calendar day
of the next following month.
E.
Retirees.
Retired elected officials or employees shall not be eligible to receive
a cash buyout in lieu of medical insurance benefits. Notwithstanding
the foregoing, any retired elected official or employee already receiving
a cash buyout in lieu of receiving medical insurance shall continue
to receive such benefits.
[1]
Editor's Note: This local law provided that it would take
effect 1-1-2010, and also provided that, notwithstanding its provisions,
any elected official currently receiving medical insurance benefits
or a medical insurance buyout would continue to receive such benefits
until his or her current term expired.
A.
Coverage. The Town will make available major medical,
hospital and surgical insurance to an eligible full-time employee,
including an elected official, who retires from the Town. Coverage
will also be made available for the retiree's eligible spouse, provided
that the spouse was covered under the retiree's medical insurance
plan at the retiree's date of retirement. In the event that the retiree
predeceases the eligible spouse, the spouse may continue medical insurance
coverage, provided that the spouse pays the full cost of the premium.
Coverage of a spouse will cease at the time of divorce or legal separation.
B.
Eligibility. To be eligible for health insurance coverage,
the retiree must be age 55 or older and must have at least 10 years
of full-time continuous service with the Town. In addition, the retiree
must be eligible to receive retirement benefits through the New York
State Retirement System.
C.
Premium payment. The Town will pay the full premium
for individual or family medical insurance coverage, as the case may
be, for each eligible retiree who had at least 20 years of full-time
service with the Town. An elected official or employee who retires
from the Town and who is eligible to receive retirements benefits
as described above but who does not meet the twenty-year service criteria
shall be eligible to receive individual or family medical insurance
coverage at a prorated contribution. To be eligible for such coverage,
the retiree must have a minimum of 10 years of service with the Town
at the time of retirement. Contribution rates are as follows:
|
Years of Service Rounded to Nearest Year
|
Retiree Contribution
|
Town Contribution
| |
|---|---|---|---|
|
20
|
0%
|
100%
| |
|
19
|
5%
|
95%
| |
|
18
|
10%
|
90%
| |
|
17
|
15%
|
85%
| |
|
16
|
20%
|
80%
| |
|
15
|
25%
|
75%
| |
|
14
|
30%
|
70%
| |
|
13
|
35%
|
65%
| |
|
12
|
40%
|
60%
| |
|
11
|
45%
|
55%
| |
|
10
|
50%
|
50%
|
D.
Plan. The Town will make available the same medical
insurance plans offered to then current employees. The Town Board
may, through Town Board resolution, change the plans at any time,
including, but not limited to, type of coverage, retiree contributions
and type of carrier. Coverage under a medical insurance plan made
available through the Town will continue until the retiree or eligible
family member, as the case may be, meets the eligibility criteria
for Medicare coverage, at which time primary coverage will be provided
by Medicare. At that time, the retiree and eligible family members
may be required to change medical insurance plans in order to maintain
supplemental coverage.
A.
Summary. The Consolidated Omnibus Budget Reconciliation
Act of 1985 (COBRA) offers employees and qualified beneficiaries the
right to continue existing health insurance coverage, completely at
their own expense, under certain qualifying conditions. All required
premiums and administrative fees must be paid in a timely manner in
order for coverage to continue.
B.
Eligibility. An individual is a qualified beneficiary
if the individual is covered under a group health plan on the day
before a qualifying event as either a covered employee, the spouse
of a covered employee or a dependent child of a covered employee.
A child who is either born to or who is placed for adoption with the
covered employee during a period of COBRA coverage is also a qualified
beneficiary.
C.
Qualifying events. The option to elect COBRA coverage
must be taken at the time of separation, reduction in hours or change
of dependent status, as the case may be, and will be in effect for
a period of 18, 29, or 36 months, depending upon any of the following
qualifying events:
(1)
An eighteen-month continuation will be available to
a qualified beneficiary in the event of the covered employee's termination
of employment for any reason except gross misconduct or the covered
employee's loss of eligibility to participate due to reduced work
hours.
(2)
A twenty-nine-month continuation will be available
to a qualified beneficiary in the event that the qualified beneficiary
is disabled, per a determination under the Social Security Act, or
becomes disabled within the first 60 days of COBRA coverage. The qualified
beneficiary must provide the plan administrator with notice of the
disability within 60 days of the determination of the disability by
Social Security and before the end of the original eighteen-month
COBRA coverage period. The qualified beneficiary must notify the plan
administrator of a determination by Social Security that the individual
is no longer disabled within 30 calendar days of such determination.
(3)
A thirty-six-month continuation will be available
to a qualified beneficiary in the event of any one of the following:
(a)
A covered employee's death;
(b)
Divorce or legal separation from a covered employee;
(c)
A covered dependent child's loss of eligibility
to participate in the insurance plan due to the covered employee becoming
covered by Medicare as a result of total disability or choosing Medicare
in place of the insurance plan at age 65; or
(d)
A covered dependent ceases to be a dependent
child under the health insurance plan.
D.
Limitations. In the event that an employee becomes
covered by Medicare, but no loss of coverage results for the employee
or the covered dependents and a subsequent qualifying event occurs,
the duration of coverage for all qualified beneficiaries will be 36
months from the date of the termination or reduction in hours. A qualified
beneficiary may be covered under multiple qualifying events, but in
no case will coverage be continued for more than 36 months.
E.
Change in beneficiary status. An employee must notify
the Town within 60 calendar days of a legal separation or divorce
or when a dependent is no longer eligible for insurance due to the
age limitations or educational status requirements established by
the insurance plan. The Town will not be responsible for any loss
of coverage resulting from the employee's failure to give notification
of such an event.
F.
Enrollment information. The Secretary to the Supervisor
will provide the employee with the enrollment forms and assist with
the administrative and operational aspects of COBRA. Enrollment is
not automatic. The employee must complete the necessary enrollment
forms and return all COBRA forms to the Secretary to the Supervisor
within the time indicated. If the required forms or premium payments
are not received at the time specified, medical insurance coverage
will cease.
A.
Summary. The Town will make available an Employee
Assistance Program (EAP) for a full-time employee and the employee's
eligible family members to obtain confidential, professional counseling.
This program is designed to help employees and their families deal
with a variety of problems through professional consultation on a
confidential basis. The Town believes it is in the best interest of
employees, their families and the Town to deal with problems before
they seriously affect one's health, family, personal relationships
or job performance.
B.
Intermediate, part-time, temporary or seasonal employees.
An intermediate, part-time, temporary or seasonal employee is not
eligible to participate in this program.
C.
How to access the program. An employee may either
contact the employee's department head or the Employee Assistance
Program directly for further information. The program is administered
by the following:
|
Employee Assistance Program Services of the
Mid-Hudson Valley
394 Hasbrouck Avenue
Kingston, NY 12401
(914)339-5237
|
The Town will provide a uniform for every employee
who is required to wear one by the employee's department head. The
Town will also pay for the cleaning of uniforms.
A.
Coverage. The Town will make available Workers' Compensation
benefits, including payment of medical costs and replacement of lost
wages up to the regulated maximum, to each eligible employee who suffers
a job-related injury. Coverage will begin on the employee's first
day of employment, provided that the employee meets all eligibility
requirements.
B.
Premium payment. The Town will pay the full premium
for Workers' Compensation coverage for each eligible employee.
C.
Reporting of injury. The employee must submit a written
report of the injury to the employee's department head and the Secretary
to the Supervisor within 24 hours of the occurrence in order to ensure
prompt coverage of the claim. The department head will provide the
employee with the necessary forms. In the event that the employee
is unable to complete the forms due to the injury or illness, the
department head will complete and submit the required forms on behalf
of the employee.
D.
Use of sick leave credits. An employee may draw from
the employee's sick leave credits in conjunction with Workers' Compensation
payments to equal, but not exceed, the employee's regular daily rate
of pay.
A.
Coverage. The Town will make available disability
insurance benefits to each eligible full-time employee. This benefit
supplements loss of time from work due to a qualified non-job-related
illness or injury. Coverage will begin on the employee's first day
of employment, provided that the employee meets all eligibility requirements.
B.
Plan. The Town may, at its discretion, change carriers
and/or offer an alternative disability plan. A description of the
plan may be obtained from the Secretary to the Supervisor.
C.
Premium payment. The Town will pay the full premium
for disability coverage for each eligible full-time employee.
D.
Reporting of injury. The employee must submit a written
report of the injury, on the proper form, to the employee's department
head and the Secretary to the Supervisor within 24 hours of the occurrence.
If all qualifying conditions are met, insurance benefits will begin
on the eighth consecutive day of disability, in accordance with the
New York State Disability Benefits Law. The Secretary to the Supervisor
will provide the employee with the necessary forms.
E.
Use of sick leave credits. An employee may draw from
the employee's sick leave credits in conjunction with disability payments
to equal, but not exceed, the employee's regular daily rate of pay.
If an employee has completed the employee's fifth anniversary of employment
on the date the disability claim is filed, the Town will grant the
employee an additional 80 sick leave days. This benefit will not be
granted more than once in any five-year period.
The Town will make available unemployment insurance
benefits to each eligible employee ruled eligible for benefits by
the State Department of Labor.
Social Security benefits are available for retirement,
survivor's benefits and medical costs under qualifying conditions,
as determined by the Federal Social Security Administration Office.
Employee contributions to Social Security (FICA) are matched by the
Town.
A.
Summary. The Town will make available the New York
State Employees' Retirement System pension plan to each eligible employee.
An employee has a vested right to retirement benefits after 10 years
of eligible public sector service. In the event that an employee leaves
after 10 years of service but prior to retirement age, such employee
may receive a benefit at retirement age related to those years as
a public sector employee.
B.
Mandatory membership. A full-time employee who began
employment with the State of New York or with a participating employer
on or after July 27, 1976, must join the retirement system. An employee
who is appointed to a permanent, full-time position on a probationary
basis must join the retirement system on the effective date of the
probationary appointment. Employment is considered full-time unless:
(1)
The employee works less than 30 hours per week; or
(2)
The annual compensation for the position is less than
the state's minimum wage multiplied by 2,000 hours; or
(3)
The employee is employed in a position which will
be terminated within one year of its commencement; or
(4)
The position is either provisional or temporary under
the Civil Service Law; or
(5)
The position is held on a less than twelve-month per
year basis.
C.
Optional membership; an employee who is not mandated
to join may join the retirement system. Such employee must complete
an application form, which can be obtained from the Secretary to the
Supervisor. An employee who is not mandated to join and chooses not
to join, must complete a waiver of enrollment form.
