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(a) Work Week Scheduled Hours. For the purpose of this section, a work day for employees other than shift employees within the Department of Fire shall normally consist of 8 scheduled consecutive hours in a 24-hour period commencing with the start of a shift. A normal work week for full-time employees, excluding shift employees within the Department of Fire, shall normally consist of 40 scheduled hours within a calendar week. Schedule requirements may, on occasion, result in a shift assignment wherein a member has 8 off hours separating 2 scheduled work days. Such shift assignments shall be considered as separate work days and paid at straight time rates, where such shift assignment is part of a standard shift schedule or results from changing to a new schedule.
(b) Call-out. A non-bargaining unit employee who is called in to work at a time which does not abut his or her scheduled work hours shall receive call-out pay consistent with the provisions delineated in the collective bargaining agreement between the City and the Fraternal Order of Police, Ohio Labor Council, Inc. Call-out for employees within the Department of Fire is addressed under Chapter 246 of the codified ordinances of the City.
(c) Compensation. Any duty hours in excess of 40 hours in a work week shall constitute overtime for overtime eligible employees, excluding shift employees within the Department of Fire. Compensable time (holidays, vacation days, compensatory days, sick days and actual duty hours) shall be considered as time worked for the purpose of computing overtime. Overtime shall be compensated at the following rates as applicable:
(1) Time and one-half for all hours of duty in excess of 8 in one work day, or in excess of 40 in a work week.
(2) Double time for all hours on-duty in excess of 12 consecutive hours in a work day.
(3) Double time for hours worked during scheduled vacation when an employee is called out and required to report to work by the employer. In such case, the employee shall receive the double time for a minimum of 4 hours or actual hours worked, whichever is greater.
(d) Compensatory Time. At their option, full-time employees may elect to take overtime in the form of pay or compensatory time off. Employees may not accrue nor use more than 90 hours of compensatory time off at any one time or in any one calendar year. Compensatory time off shall be scheduled in advance at the request of the employee, subject to the approval of the department head, and in consideration of operational and staffing needs.
(e) Double Pay. Premium or overtime compensation shall not be paid more than once for the same hours worked.
(f) "Shift employee," within the Department of Fire, means an employee who is regularly scheduled to work a 24-hour work day or shift.
(Ord. 128-94. Passed 10-24-94; Ord. 113-03. Passed 7-14-03.)
(a) Each full-time non-bargaining unit employee within the Department of Police shall be paid a uniform allowance in the same manner and in the same amount as that provided through the collective bargaining agreement between the City and the Fraternal Order of Police, Ohio Labor Council, Inc.
(b) Uniform allowances for employees within the Department of Fire are addressed within Chapter 246 of the Codified Ordinances of the City.
(Ord. 128-94. Passed 10-24-94; Ord. 113-03. Passed 7-14-03.)
(a) The following 13 days are hereby declared holidays for full-time employees of Avon Police Department:
(1) New Year's Day;
(2) Martin Luther King Day;
(3) Easter Sunday;
(4) Memorial Day (the last Monday of May);
(5) Fourth of July;
(6) Labor Day;
(7) Columbus Day;
(8) Thanksgiving Day;
(9) Police Memorial Day (May 15);
(10) Christmas Day; and
(11) Three floating holidays.
The provisions herein do not apply to employees within the Department of Fire as they are addressed under Chapter 246.
(b) The floating holiday will be given to each full-time non-probationary (initial probation) employee. The date of such holiday will be at the discretion of the employee, with the consent of the appropriate supervisor.
(c) The birthday of each employee will be given to the particular employee. When a birthday falls on one of the preceding holidays or on a non-working day, the employee shall take a day within the applicable pay period as the holiday with the approval of the appropriate supervisor.
(d) If a full-time employee is required to work on any of the holidays listed in division (a) of this section, excluding the floating holidays, he or she shall be entitled to pay for such time worked at one and one-half times his or her regular base rate of pay, plus he or she shall receive 8 hours of holiday pay. Hours worked in excess of 8 on a holiday will be compensated at double time and one-half. The selection of holiday pay or holiday compensatory time shall be at the discretion of the employee and such notice shall be given to the City within the pay period such holiday is worked. An employee who is not required to work on a designated holiday will receive 8 hours of holiday pay.
(e) (1) All holiday compensatory time shall be scheduled and taken with the approval of the appropriate supervisor. Holiday compensatory time not used shall be paid in the first pay of December of the applicable calendar year, except that 40 hours of holiday compensatory time maybe carried over into the next calendar year. Floating holidays must be used in the year earned and may not be carried over into the new year.
(2) If the holiday is not taken within the 30-day period, the full-time employee will receive 8 hours pay at his or her current hourly rate in the next scheduled pay period.
(f) Each full-time employee shall have the option of converting any one of the holidays listed in division (a) of this section to an additional floating holiday. Selection of this holiday shall be made in accordance with the guidelines established in division (b) of this section.
(Ord. 27-85. Passed 6-10-85.)
(g) Notwithstanding anything herein to the contrary, effective July 1, 2024, the following days are hereby declared to be holidays for the permanent part-time and intermittent employees of the Avon Police Department:
(1) New Years Day
(2) Easter Sunday
(3) Memorial Day
(4) Fourth of July
(5) Thanksgiving Day
(6) Christmas Eve
(7) Christmas Day
If a permanent part time or intermittent employee is required to work on any of the holidays listed in this division, he or she shall be entitled to premium pay for such time worked at two times his or her base rate of pay for the total hours worked.
(Ord. 13-89. Passed 6-26-89; Ord. 113-03. Passed 7-14-03; Ord. 76-24. Passed 7-8-24.)
All full-time employees of the Police Division and the Fire Division shall receive vacations with pay, in accordance with the following:
(a) Years of Service Defined. "Years of service," for the purposes of this section, means continuous uninterrupted full-time service, except that military service, authorized sick leave and vacation leave shall not be considered an interruption of service.
(b) Amount of Vacation Pay. The amount of vacation pay in the case of salaried employees shall be the regular compensation fixed for such position.
(1) In the case of hourly paid personnel, excluding shift employees in the Department of Fire, the weekly vacation pay shall be compensation at the rate of a 40-hour work week.
(2) In the event of difficulty in the interpretation of this division, the decision of the Mayor shall be final.
(c) Vacation Scheduling. Vacations shall be taken, subject to operational and staffing needs, at a time scheduled and approved by the official to whom the employee reports, who shall be responsible for the reporting of authorized vacations or leaves to the Director of Finance. Vacation requests shall normally be submitted at least 14 calendar days in advance of the date(s) being requested. The 14-day requirement may be waived at the discretion of the Chief. In the event of a conflict with another employee requesting the same dates, the employee with the most seniority shall prevail, except that requests encompassing a full calendar week (e.g., Sunday through Saturday) or more will be given preference irrespective of seniority.
(d) Computation. Vacations shall be taken as follows:
(1) One day will be given for each full calendar month worked during the first 5 continuous years of service, to a maximum of 10 days.
(2) After 5 years of continuous service, 15 days will be given; after 10 years of continuous service, 20 days will be given; after 20 years of continuous service, 25 days will be given.
(3) Vacations earned shall be taken within one year from the vacation calculation date, except that each employee shall be able to bank 5 days of vacation time which must be used during the following calendar year.
(4) The vacation calculation date shall be December 31 of each year. All vacations earned in the current year will be calculated on the basis of the months or years of continuous service completed by December 31 of the preceding year.
(5) In the event of termination of employment by an employee, provided that the employee was employed by the City on December 31 of the preceding year, vacation credit shall be calculated in accordance with this division for the year in which the employment is terminated, based upon the actual time in the employment of the City during the termination year, and the employee shall be paid as of the termination date in lieu thereof.
(6) If, for any reason, an employee wishes to work rather than take a vacation, there shall be no double pay allowed.
(7) No vacation leave credit will be given an employee for his or her part-time employment service with the City. Employees are eligible for prior service credit for full-time service with the State of Ohio, county, or another Ohio city. It is the responsibility of the employee to obtain and submit documentation from previous employers. Prior service credit will commence within the calendar year acceptable documentation is submitted.
(8) "Day," as used herein, means 8 hours, except for shift employees within the Department of Fire, where it means 10.6 hours.
(Ord. 27-85. Passed 6-10-85; Ord. 113-03. Passed 7-14-03.)
(a) Computation. Each full-time employee of the City shall be entitled to sick leave of one and one-fourth work days (10 hours for 40-hour-per-week employees and 13.25 hours for shift employees within the Department of Fire) with pay for each completed month of service. Each full calendar month of service shall be deemed a completed month of service.
(b) Unused Sick Leave. Unused sick leave shall be cumulative.
(c) Allowance of Sick Leave. An employee who is eligible for sick leave with pay may use such sick leave only for absence due to illness, injury, exposure to a contagious disease which could be communicated to other employees, and illness or death in the employee's immediate family (spouse, child, parent). An employee on sick leave shall inform his or her immediate supervisor of the fact and the reason therefor as soon as possible, and failure to do so within one-half hour prior to the start of the shift may be cause for denial of sick leave with pay for the period of absence.
(d) Fractional Days. Absence for a fraction or part of a day that is chargeable to sick leave, in accordance with this section, shall be charged proportionately in an amount not smaller than one-half hour.
(e) Required Reports. Sick leave, with pay, in excess of three days, or two 24-hour shifts for shift employees within the Department of Fire, for reasons of illness or injury, may require a written statement by a reputable physician certifying that the employee's condition prevented him or her from performing the duties of his or her position. If the illness or injury continues for more than 7 calendar days, weekly written reports from the physician must be presented. In lieu of the required reports, a written statement by the appropriate director or department head will be accepted. Any employee fraudulently obtaining or attempting to obtain sick leave, and any department head falsely certifying to sick leave allowances for absence from work for other reasons, shall be suspended or dismissed and may be prosecuted. Excessive or patterned use of sick leave shall also be just cause for discipline.
(f) Sick Leave Credit. An employee who is laid off from his or her position for reasons that are not discreditable to him or her, may, if reappointed within 12 months, have available for his or her necessary use any unused sick leave existing at the time of his or her layoff. Any employee who transfers from one department to another shall be credited with the unused balance of his or her accumulated sick leave.
(Ord. 27-85. Passed 6-10-85.)
(g) Sick Leave Conversion. An employee may convert sick leave, in excess of 90 days, into vacation leave at a rate of one vacation day for one sick day, to a maximum of 5 additional vacation days per calendar year. For shift employees within the Department of Fire, "day," as used in divisions (g) and (h) of this section, shall mean 10.6 hours.
(Ord. 128-94. Passed 10-24-94.)
(h) Payment Upon Retirement. Sick leave days which have accrued at the retirement date of an employee shall be paid at a ratio of one day of pay for each 2 days earned. The rate will be that of the full-time employee at the time of retirement. There is unlimited accumulation of sick leave.
To be eligible for retirement under this section, the employee shall have worked full-time with the City and shall have attained the normal retirement age of that employee's pension system, or be granted a disability pension by the employee's pension system as the result of a service-connected disability.
(Ord. 27-85. Passed 6-10-85; Ord. 113-03. Passed 7-14-03.)
(a) In the event of an occupational injury, exceeding 7 working days, or in the case of a shift employee in the Department of Fire, exceeding 3 tours of duty or 3 regular 24-hour scheduled shifts, and incurred as a direct result of performing an assigned duty or sworn function within the scope of the employee's job duties and authority, said employee shall be entitled to on-duty injury leave in an amount not to exceed 120 consecutive work days, or in the case of a shift employee in the Department of Fire, shall be entitled to on-duty injury leave in an amount not to exceed 53 24-hour shifts.
(b) To apply for or receive any benefits under this section, the employee shall first make application for workers' compensation benefits and complete a reimbursement agreement. Written application shall then be made to the employer and shall be accompanied by the reimbursement agreement and a certificate from a licensed physician stating that the employee is unable to work and that such disability is the result of the exercise of his or her duties as an employee.
(c) Upon receipt of the employee's application and required documentation and certification, the employer shall place the employee on injury leave and may require an examination by a licensed physician of the employer's choice.
(1) Once injury leave is approved by the employer, injury leave shall be granted from the first day of the injury and shall continue during the time said employee is receiving payment for lost wages through workers' compensation, not to exceed the 120/53-work day maximum, as applicable.
(2) Once workers' compensation begins making payments to the employee for lost wages, the employee shall submit such payments to the City for the period during which the employee received full pay.
(d) In the event an employee's claim for lost wages is disallowed by the Bureau of Workers' Compensation or the Industrial Commission of Ohio, the employee shall be charged for all time lost from work, first against sick leave, then against vacation leave and any other accrued compensable leave time. If the employee does not have enough compensable leave to cover all time off, the employee shall be responsible to repay the difference to the employer.
(Ord. 128-94. Passed 10-24-94; Ord. 113-03. Passed 7-14-03.)
(a) Military Leave. Any employee shall be granted a leave of absence for military duty in accordance with State and Federal laws and local ordinances.
(b) Bereavement Leave.
(1) If a death occurs among any employee's immediate family (spouse, son, daughter, mother, father), such employee, excluding shift employees within the Department of Fire, shall be granted 4 days funeral leave, without loss of pay, benefits, days off, holidays, vacation time or sick leave, provided that such leave may be extended at the discretion of the appropriate director, based on individual circumstances. Shift employees within the Department of Fire shall be granted two 24-hour shifts.
(2) If a death occurs among a member of the employee's family (grandparent, sibling, grandchild, brother-in-law, sister-in-law, daughter-in-law, son-in-law, spouse, or a legal guardian or other person who stands in the place of a parent), such employee shall be granted three days funeral leave (one 24-hour shift for shift employees within the Department of Fire), without loss of pay, benefits, days off, holidays, vacation time or sick leave, provided that such leave may be extended at the discretion of the appropriate director, based on individual circumstances.
(c) Jury Duty. Each full-time employee, while serving upon a jury in any Court of record, shall be paid at his or her regular salary rate for each of his or her work days during the period of time so served. Time so served shall be deemed active and continuous service for all purposes. Any compensation received by the employee from the Court of record for such jury duty shall be turned into the City.
(d) Family and Medical Leave.
(1) Full-time and regular part-time employees who have been employed by the City for at least 12 months and who have completed at least 1250 hours of service within the preceding 12-month period may be eligible for Family and Medical Leave (FML) consistent with City policy and applicable statute. Family and Medical Leave is available to eligible employees for the following reasons:
A. For the births of and/or care of a newborn child of the employee; or
B. For the care of a child after placement with the employee for adoption or foster care; or
C. To care for an employee's spouse, child, parent, or one who stood in place of a parent, who has a serious health condition; or
D. For the serious health condition of an employee which prevents the employee from performing the essential functions of his or her position.
(2) Employees are required to utilize all applicable paid leave prior to being placed on unpaid FML. The combined period of paid and unpaid leave shall not exceed 12 work weeks. Medical certifications are required to support leave requests.
(e) Medical Leave. Upon exhaustion of all paid leave time and proper application and medical documentation, an employee with a disabling illness or injury, including pregnancy and medical conditions related thereto, shall be granted a medical leave of absence without pay, not to exceed 6 months.
(Ord. 128-94. Passed 10-24-94; Ord. 170-01. Passed 11-5-01; Ord. 113-03. Passed 7-14-03.)
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