151.05 VACATIONS.

   All full-time officers and employees of the City who are employed on a salary or hourly basis, and who are not covered by a collective bargaining agreement, except elected officials, are hereby granted vacation benefits as set forth herein.

   (a)   Vacation with pay:

During the first calendar year of employment	No vacation
During the second calendar year of employment	1 day's vacation (8 hours) for each full month of employment of the previous calendar year up to a maximum of two calendar weeks (80 hours)
From 1 complete year through 5 complete years of service (City FLSA non-exempt employees)	2 weeks of vacation (80 hours)
From 5 complete years through 8 complete years of complete service (City FSLA non-exempt employees)	3 weeks of vacation (120 hours)
From 1 complete year through 8 years of complete service (City FSLA exempt employees)	3 weeks of vacation (120 hours)
From 8 complete years of service through 13 complete years of service	4 weeks of vacation (160 hours)
From 13 complete years of service through 20 complete years of service	5 weeks of vacation (200 hours)
After 20 complete years of service	6 weeks of vacation (240 hours)

   Such employees shall receive the additional earned week of vacation on their anniversary date, meaning the initial date hired, when such employee has completed the transition year.

   (b)    (1)    An employee may carry over into the following year with the approval of his department or division head and certification to the Finance Department, one-half of his previous year's vacation, however, an employee may carry this vacation into the following year only.

      (2)   Employees who have completed five years of service and who qualify for three weeks vacation pursuant to subsection (a) hereof shall be permitted to bank a maximum of one week of unused vacation time per year. The employees who qualify for four or five weeks vacation pursuant to subsection (a) hereof shall be permitted to bank a maximum of two weeks of unused vacation time per year, and employees who qualify for six weeks vacation pursuant to subsection (a) hereof shall be permitted to bank a maximum of three weeks of unused vacation time per year. Any vacation time banked pursuant to this section shall be banked at the rate at which it was earned.

      (3)    Employees who have banked vacation time pursuant to this section shall, upon retirement or termination of employment, be paid a sum equal to the amount of vacation hours banked times the hourly rate of pay of such employee at the time(s) the vacation time was earned.

      (4)    Prior to the end of each fiscal year employees must notify the Finance Department and designate whether their unused vacation time shall be banked or carried over pursuant to terms and conditions set forth in this section. Employees must choose either to bank or carry over their unused vacation time and they shall not be permitted to do both in any given year.

      (5)   An employee who qualifies for three (3) weeks of vacation shall be permitted to sell a maximum of one (1) week of vacation; employees qualifying for four (4) or five (5) weeks of vacation shall be permitted to sell a maximum of two (2) weeks of vacation, and employees who qualify for six (6) weeks of vacation shall be permitted to sell a maximum of three (3) weeks of vacation. The following terms and conditions apply to the selling of vacations.

         A.   Vacation sold in one (1) week increments may be sold at any time through the year.

         B.   Vacation sold in whole hour increments less than or greater than a weekly increment may be sold in the second pay period of June or the second pay period of November.

         C.   Vacation must be sold in the year in which it is credited to the employee; and

         D.   An employee may both bank and sell vacation, as provided herein, in the same year.

   (c)   An employee who terminated his employment for any reason other than being discharged and is rehired shall regain all of his prior service for determining vacation due him on the January 1st next following one full year of new continuous service. An employee who has been discharged for cause and is rehired shall receive none of his prior service credit for determining vacation time. An employee who is being hired on a full time permanent basis after having worked as cooperative employee, temporary employee or part-time employee shall receive no credit toward vacation time for his prior part-time or temporary service. An employee who leaves employment for a reason other than being discharged for cause after January 1st following the calendar year of his employment and has been paid for at least one day in the year he leaves, shall receive a lump sum payment for unused accrued vacation time due such employee. For the purpose of determining the amount of unused accrued vacation due, the provisions of this section shall prevail. An employee who terminates his employment within the calendar year his employment began will receive no vacation pay upon termination.

   An employee who is on sick leave, military leave, Worker's Compensation or injury compensation shall receive credit for such time toward vacation as if he were working his regular hours, except that an employee shall not earn vacation leave credit while using sick leave to the extent a single period of sick leave use exceeds twelve (12) consecutive weeks. An employee who is on layoff, leave of absence without pay or on suspension shall accrue no benefits toward vacation for the time he is not working. A temporary, part-time, cooperative or seasonal employee shall receive no vacation.

   Any new employee with previous service as State, City, County or other municipal employee can transfer years of service toward vacation with letter from former employer to be added after ninety days but not to be taken until January 1, of year following starting date here.

   (d)    All full-time employees who are serving at the pleasure of an elected or appointed official shall receive leave with pay upon the aforementioned schedule except that during the first calendar year of employment they shall be awarded up to one week (40 hours) of vacation for each six-month period of service. Such time may not be carried over, banked or cashed in.

   (e)    In the event a full time salaried or hourly employee of the City resigns, retires or dies, such employee or his estate shall be credited with such unused vacation time as his service in the year prior and of the current year shall entitle him to receive, and such employee or his estate shall be paid for any unused vacation as of his last working day.

   (f)    Employees who have been on Worker's Compensation for an entire calendar year as of December 31 of any year, beginning with December 31, 1986, shall be paid for that portion of their unused vacation in excess of the maximum carry-over allowed to such employees.
(Ord. 100-2011. Passed 11-28-11.)