§ 39.06 EMPLOYEE BENEFITS.
   (A)   Holidays.
      (1)   All regular non-union, full-time employees shall observe the following holidays:
         New Year’s Day
         Martin Luther King, Jr. Day
         Good Friday
         Memorial Day
         Independence Day
         Labor Day
         Veteran’s Day
         Thanksgiving Day
         Day after Thanksgiving
         Christmas Day
      (2)   When a holiday described in this section falls upon a Saturday, it shall be observed on the preceding Friday. When a holiday in this section falls upon a Sunday, it shall be observed on the following Monday.
      (3)   In addition to the holidays described in this section, regular non-union full-time employees shall observe the equivalent of one additional holiday. Such holiday shall be related to Christmas Eve and New Year’s Eve. The scheduling of such additional holiday shall be determined by the Mayor.
      (4)   All non-union seasonal, temporary and other part-time employees shall not normally be assigned to work on scheduled holidays and shall not receive holiday pay. Under unusual circumstances or during weather related emergencies, such employees may be assigned by their department head to work. If such employees are so assigned, they shall receive straight-time pay.
      (5)   Any regular non-union, full-time employee required by their regular shift or work schedule or who is specifically assigned to work on a scheduled holiday shall be paid for eight hours of additional pay at their then hourly rate of pay.
      (6)   Any department which has employees scheduled to work on a holiday shall provide adequate supervision for those employees. Supervision may be carried out by the department head or appropriate supervisor. Under such circumstance, the department head or supervisor shall be allowed to schedule a day off for the holiday missed.
      (7)   All employees governed by a Collective Bargaining Agreement shall observe the holiday schedule as set forth in their respective agreements.
      (8)   The Mayor shall establish the dates that holidays will be observed and shall issue holiday schedules on or about December first of the year preceding the holidays to be observed.
(Ord. 7361, passed 11-1-88; Am. Ord. 7712, passed 6-21-94; Am. Ord. 8057, passed 12-7-99)
   (B)   Vacations.
      (1)   All full-time non-union regular employees shall be eligible to earn annual vacation leave as follows:
         (a)   Employees who have completed 1 year but less than 5 years of service shall be eligible for 10 days of vacation.
         (b)   Employees who have completed 5 years but less than 10 years of service shall be eligible for 15 days of vacation.
         (c)   Employees who have completed 10 years but less than 20 years of service shall be eligible for 20 days of vacation.
         (d)   Employees who have completed 20 years of service shall be eligible for 1 additional day of vacation for each year of service over 20 years to maximum of 25 days of vacation.
      (2)   All non-union seasonal temporary or part time employees shall be eligible to earn vacation time at the same schedule as full-time non-union regular employees on the basis of their completion of 2,080 hours of work time which shall represent one year of service eligibility.
      (3)   Reserved.
      (4)   All employees covered by bargaining unit agreements shall receive vacation eligibility and scheduling as specified in their respective bargaining agreement.
      (5)   Full time elected officials of the City shall not be included under these vacation policies.
      (6)   Vacation eligibility for the employees under division (l) above shall be based on the length of continuous service, starting with the first day of full-time employment with any department of the City. Absence from work resulting from an on-the-job injury covered by the City’s worker compensation shall not be deemed to be an interruption of service. Absence from work due to layoff, or off-the-job injury or illness for a period of l year or more shall be deemed an interruption in service. Reemployment after retirement from employment with the City shall be deemed as a new start for the purposes of vacation eligibility except in cases where an employee was required to retire to accept a promotion to an Executive Management position or Manager/Superintendent position, or when, by mutual agreement between the City and the individual, the employee retires from their current position to accept a new position for the City. For vacation purposes, reinstated employees shall be considered as new employees unless there has been no break in continuous service to the City.
      (7)   Vacations shall be scheduled with the employee’s department head or supervisor prior to the requested time off and so as not to disrupt the services provided by such department. Each day of vacation eligibility shall represent 8 hours of time off available to the employee. Employees shall schedule vacation time off in no less than 2-hour increments. Vacations must be approved in writing by the employee’s department head or if designated, by their immediate supervisor. Employees shall initiate their request by using an electronic “Request for Leave of Absence/Time Off” form which shall be made available on the City’s network shared drive for such purposes. If an employee is reinstated with no break in continuous service to the City, the employee may utilize their total years of City service when calculating eligible vacation accrual.
      (8)   No vacation leave shall be taken prior to the first 12 months of employment and earned vacation time must be taken by the employee within one calendar year from the date it is earned. Vacation time cannot be accumulated and carried from one 12-month period to the next, except in very rare cases where the employee is asked to delay their vacation at the request of the department head. For vacation purposes the employee’s anniversary of their date of hire shall be used. The department’s time keeper shall determine and maintain all official records of vacation eligibility.
      (9)   Each day of vacation eligibility shall be equal to 8 hours of pay at the employee’s then current hourly rate of pay.
      (10)   Any employee who quits, retires, dies, or is otherwise terminated from their employment with the City, shall be paid for any earned and unused current vacation entitlement as of the date of separation.
(Ord. 7362, passed 11-1-88; Am. Ord. 8251, passed 5-21-02; Am. Ord. 8382, passed 9-7-04)
   (C)   Leaves of absence.
      (1)   Earned time leave.
         (a)   For non-union regular full-time employees. Each full-time non- union regular employee shall be eligible for earned time leave as defined and provided herein.
            1.   In general. Each regular full-time employee shall earn one 8-hour work period per month as earned time leave. Regular full-time employee’s earned time leave shall be credited on December 1 of each year, and shall be accumulated from year-to-year as hereinafter provided.
            2.   Scheduling and use of earned time. Earned time use requests shall be scheduled by the employee with their supervisor or department head in advance, subject to the scheduling and other needs of the department.
            3.    Unscheduled use of earned time leave. In the event an employee is sick or injured and unable to work, they shall take earned time leave for such sickness or injury and shall notify the supervisor or department head at the earliest reasonable time but not more than 15 minutes after the start of the shift unless in case of emergency. The City of Danville is compliant with State Statute (820 ILCS 191) Employees Sick Leave Act. A copy of the city’s written policy is provided to all employees upon initial employment, provided to anyone upon request or when the policy is updated due to amendments of the State statute.
            4.   Purchase of unused earned time. On or before the second pay period of the month of December of each year, the City shall purchase from each regular full-time employee any of the unused earned time leave days which the employee had to their credit on the previous November 30. The rate of purchase shall be at the employee’s then hourly base wage. This subsection shall be subject to the provisions of subsection 6. below.
            5.   Refund of excess earned time leave for part-year employment. In the event that any regular full-time employee is voluntarily or involuntarily terminated as an employee of the City, earned time leave days shall be treated as if earned at the rate of one day per month commencing on December 1 prior to termination. If any earned time leave days are taken in excess of this rate prior to termination, then the employee shall refund to the City upon termination an amount equal to such excess earned time leave days at such employee’s then annual hourly base wage. The City shall have the right to collect such refund out of any monies owed by the City to such employee upon termination, and the City shall have the right to file suit to recover from such employee any shortage or deficiency remaining after any such set-off.
            6.    Accumulation of unused and unpurchased earned time. Notwithstanding the provisions of subsection 4. above, any regular full-time employee who has one or more earned time leave days to their credit on November 30, may elect to add such unused earned time leave days, which have not been purchased under subsection 4. above, to their earned time bank, subject to the maximum accumulation provisions under subsection 7. below.
            7.   Earned time bank. Unused sick leave prior to December 1, 1987 and any unused and unpurchased earned time leave thereafter shall be established as the employee’s earned time bank, which shall not exceed a maximum accumulation of 120 days. A regular full-time employee who retires from employment with the City shall receive an amount equal to one-third of their then earned time bank, not to exceed 40 days. Use of the earned time bank for injury or illness will be permitted to the maximum limit of the employee’s accumulation after all then current earned time leave has been exhausted.
            8.   Method of recording partial use of earned time leave days. For the purpose of recording the partial use of earned time days the following system shall be used:
Annual allotment (12 days hours of earned time leave    =   96.00
One full day (full shift hours)   =    8.00 One half day (8:00-12:00 or 1:00-4:30)   =    4.00
1 work hour (60 minutes)      =    1.00
1/2 work hour (30 minutes)      =    .50
1/4 work hour (15 minutes)      =    .25
Earned time taken shall not be recorded in increments less than .25 hour.
            9.   IMRF. For the purpose of retirement through the Illinois Municipal Retirement Fund (IMRF) the balance of the earned time bank not paid to the employee upon retirement shall be considered as unused sick days.
            10.   Seasonal, auxiliary and temporary workers not hired through a temporary employment agency shall receive paid personal time per State Statute (820 ILCS 192) Paid Leave for All Workers Act. A copy of the City’s written policy is provided to all employees upon initial employment, provided to anyone upon request or when the policy is updated due to amendments of the State Statute.
         (b)   For union employees. All employees covered by collective bargaining agreements shall have the earned time leave or sick leave benefits provided to them under their respective collective bargaining agreements.
(Ord. 7363, passed 11-1-88; Am. Ord. 8382, passed 9-7-04)
      (2)   On the job injury or illness and non-job related injury or illness.
         (a)   Any employee who becomes ill or injured on the job shall report this to their supervisor or department head immediately.
         (b)   All employees who become ill or are injured on the job must file an injury report with the employee’s department head on the day of the accident. The department head, or their designee, shall report the same to the HR & Risk Manager within 24 hours, and the HR & Risk Manager may require the injury to be examined by a licensed physician practicing in the City and a release to work obtained if necessary.
         (c)   An employee who becomes ill or injured as a result of non-job related occurrence shall be entitled to first use current accumulated earned time, then earned time bank. All current earned time leave must be used prior to the use of earned time bank. An employee must exhaust all paid leave, such as, but not limited to, earned time leave, earned time banked leave, sick leave and vacation leave before going into an unpaid leave status.
         (d)   The City of Danville follows current Federal and State Statutes regarding the Family Medical Leave Act (FMLA) and Military Family Medical Leave Act. A copy of the City’s written policy is provided to all employees upon initial employment provided to anyone upon request or when the policy is updated due to amendments of the Federal or State Statutes.
      (3)   Administrative leave. Absence from the normal place of work due to attendance at professional conferences, attendance at training or educational seminars, attendance at meetings for boards or organizations of which you are appointed on behalf of the City, in other situations where discussion is directly connected with the employee’s work, or under any other circumstances where prior approval is authorized by the Mayor shall be considered as administrative leave. Administrative leave with pay requires approval from the department head or the Mayor prior to attendance.
      (4)   Bereavement leave. A maximum of up to 3 days with pay may be granted to a regular full-time employee depending on funeral and travel arrangements in the event that the death is in the immediate family, and a maximum of up to 2 days with pay may be granted to a regular full-time employee depending on funeral and travel arrangements in the event that the death is in the extended family. Bereavement leave must be taken during and for the purpose of planning and/or attending the funeral services.
         (a)   The City is compliant with State Statute (820 ILCS 154) Family Bereavement Leave Act. A copy of the City’s written policy is provided to all employees upon initial employment, provided to anyone upon request or when the policy is updated due to amendments of the State Statute.
         (b)   The City is compliant with State Statute (820 ILCS 156) Child Extended Bereavement Leave Act. A copy of the City’s written policy is provided to all employees upon initial employment, provided to anyone upon request or when the policy is updated due to amendments of the State Statute.
      (5)   The City of Danville follows the Pregnant Workers Fairness Act and Nursing Mothers in the Workplace Act (820 ILCS 260). A copy of the City of Danville’s written policy is provided to all employees upon initial employment, provided to anyone upon request or when the policy is updated due to amendments of the State and Federal Statutes.
      (6)   The City of Danville follows current State Statute (820 ILCS 180) Victim’s Economic Security and Safety Act (VESSA). A copy of the City’s written policy is provided to all employees upon initial employment, provided to anyone upon request or when the policy is updated due to amendments of the State Statute.
      (7)   Civil leave. Regular full- time employees are expected to assume civil responsibilities and may be given necessary time off. The City follows all current State Statutes for civil responsibilities, including State Statute (820 ILCS 148) Civil Air Patrol Leave. Copies of all written leave policies for civil responsibilities is provided to all employees upon initial employment, provided to anyone upon request or when the policy is updated due to amendments of the State Statutes.
         (a)   An employee performing jury duty. Full-time employees performing jury duty shall be paid their regular salary or wage. Any monetary gain collected by the employee from serving jury duty must be remitted to the Comptroller. Employees must advise their supervisor of their ability to work each day and if they are released from jury duty during work hours are expected to report to work immediately.
         (b)   An employee subpoenaed to testify in a work-related court proceeding will be paid their regular wages. Employees subpoenaed to testify in a non-work-related court proceeding during scheduled work hours must use their accrued paid leave for the time required to fulfill the requirements of the subpoena. Employees must advise their supervisor of their availability to work each day and if they are released from testimony during work hours are expected to report to work immediately.
         (c)   An employee will be paid up to 2 hours at their current regular wage if they need to leave work to vote during a primary, general or special election if the polls are not open at least 2 hours before and at least 2 hours after an employee’s scheduled hours of work. The employee must request the time prior to the election and the supervisor may specify the hours the employee may be absent to vote.
         (d)   An employee may take unpaid time off to serve as an election judge. The employee may opt to use their accrued personal earned, sick comp, or vacation time to be paid for their time off. Employees must provide at least 20 days notice of their need for leave. Leave may be denied if more than 10% of employees in a department request leave to also serve as an election judge.
      (8)   Military leave. The City of Danville follows current State Statute (330 ILCS 61/) Service Member Employment and Reemployment Rights Act. A copy of the City’s written policy is provided to all employees upon initial employment, provided to anyone upon request or when the policy is updated due to amendments of the state statute.
      (9)   Leave without pay. Any leave without pay must be approved by the department head and, if it exceeds three days, must also receive approval by the Mayor. A department head, with prior approval by the Mayor, may grant a regular full-time employee leave without pay for a period not to exceed 30 successive calendar days with the intent that the employee requirements are such that it be in the best interest of the City to do so. The Mayor may grant a regular employee a leave without pay for a period not to exceed one calendar year when it is in the best interest of the City to do so. The employee shall submit their reasons for requesting such leave to the Mayor. An employee on leave of absence will be terminated if they are found to have taken other employment.
      (10)   Return to work. An employee returning to work from any authorized leave of absence must be physically and mentally capable of assuming their job duties and responsibilities.
      (11)   Miscellaneous leave policies. The City of Danville follows current State Statute (820 ILCS 149/1) Blood and Organ Donor Leave, State Statute (820 ILCS 147) School Visitation Leave and State Statute (50 ILCS 748) Volunteer Emergency Leave. Copies of the City of Danville’s written policies are provided to all new employees, provided to anyone upon request or when the polies are updated due to amendments of the statutes.
   (D)   Social security. All employees of the City covered by this chapter are required to participate in the social security retirement plan and amounts are automatically withheld from their pay.
   (E)   Retirement plan (IMRF). Non-union City employees working in excess of 1,000 hours per year must also participate in the Illinois Municipal Retirement Fund and employees must contribute a percentage of their salary each year to this plan. The percentage required is set forth by statute and detailed information concerning contributions and benefits will be provided to each employee by the personnel office. An employee who separates from the City workforce may elect to request return of his contributions from the Illinois Municipal Retirement Fund. Union employees shall participate in the Illinois Municipal Retirement Fund unless expressly denoted differently in their Collective Bargaining Agreement.
   (F)   Group insurance. Full-Time City employees are eligible to join the City’s group insurance plans which include medical, dental, vision, and life insurance coverage. New full- time employees are eligible to enroll within 30 days of their hire date.
   (G)   Loss of benefits.
      (1)   An employee who is separated from one department and accepts employment in an alternate department shall not continue to accrue benefits unless they begin their new job within 5 working days after termination of their previous job.
      (2)   Vacation leave does not accrue during leaves of absence without pay.
      (3)   Earned time leave does not accrue during unapproved leaves of absences.
(Ord. 6638, passed 3-6-79; Am. Res., passed 10-23-79; Am. Ord. 7712, passed 6-21-94; Am. Ord. 8251, passed 5-21-02; Am. Ord. 8570, passed 2-5-08; Am. Ord. 8741, passed 6-7-11; Am. Ord. 9472, passed 4-2-24)