§ 35-84 RESERVED.

ARTICLE V. WORKING CONDITIONS

§ 35-85 DEFINITIONS.

   For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   DUAL CLASSIFICATION POSITION. A combination of two positions of different classifications, requiring the services of one employee, who has been certified as qualified and who may be required to perform in both classifications.

   INTERIM EMPLOYEE. One who, at the time of employment, is employed with the intention that his or her employment will be for a given work period or for a specific project with the probability of being laid off at the end of the work period or project.

   NORMAL WORK SHIFT. Consists of eight consecutive hours, with the exception of the meal break and shall have a regular starting and quitting time.

   NORMAL WORKWEEK. Five consecutive eight- hour days, Monday through Friday, except for continuous operations.

   PART-TIME EMPLOYEE. One who, at the time of employment and thereafter, is scheduled to work less than a normal work-week; provided, however, that a regular employee who works less than a normal workweek because of lack of funds or available work is not a PART-TIME EMPLOYEE within the meaning of this chapter.

   REGULAR EMPLOYEE. An individual who is employed to work a normal workweek in a permanent position, and shall include a seasonal employee who has been employed a sufficient number of work seasons to have accumulated 2,080 hours of employment.

   RESIDENCE. The actual domicile of the employee. An employee shall have only one domicile.

   SEASONAL EMPLOYEE. An individual who is employed to work a normal workweek, in a position designed to be filled for a work season.

   TEMPORARY EMPLOYEE. One who is employed for a short period of time to perform emergency or extra work in a department, or to fill a temporary vacancy. Temporary appointments shall be limited to a maximum of 90 days within a cost center, and are nonrenewable.

   YEAR. Except as otherwise clearly indicated, shall mean the calendar year for purposes of this chapter.

(Ord. 474, passed 3-20-1942; Ord. 2509, passed 8-28-1975; Ord. 1404, passed 10-14-1957; Ord. 2699, passed 2-26-1979; Ord. 2924, passed 9-24-1984)

§ 35-86 PURPOSE.

   In order to promote uniformity in the treatment of City employees relative to vacation, sick and emergency leaves, holiday employment, fees and emoluments other than directly received as wages and salaries, and other employment conditions effecting City employees and in order to prevent discrimination, §§ 35-86 et seq. hereof shall be controlling.

(Ord. 474, passed 3-20-1942)

§ 35-87 ANNUAL LEAVE.

   (a)   Annual leave shall be computed and accrued on the basis of each payroll period that an employee has at least 72 hours of straight time pay. If the employee has 40 hours of straight time pay in a payroll period, but not less than 72 hours, the employee shall accrue one-half the amount shown in the schedule below. Annual leave shall be based on service credits earned from and after the last date of hire and shall be accrued on the following basis:

Service Credits	Hours Accrued Per Payroll Period	Maximum Accumulated Hours	Employees Hired After 1-1-78 Maximum Accumulated Hours	Employees Hired After 1-1-85 Maximum Accumulated Hours
Less than 1825 (Employees 22B and below)	5.6	484	264	320
Less than 1825 (Employees 23 and above)	6.8	529	336	320
1826B – 3649	7.1	569	344	320
3650	7.4	593	360	320
4015	7.7	617	376	320
4380	8.0	641	392	320
4745	8.4	664	408	320
5110	8.7	688	424	320
5475	9.0	712	440	320

 

   (b)   Annual leave may be cumulative but not to exceed the maximums set forth above, and any excess shall be forfeited; provided, however, that any excess as provided herein shall not be forfeited in the event the employee suffers an injury or illness arising out of or in the course of employment which has been determined compensable by the Bureau of Worker’s Compensation of the State of Michigan, and because of the illness or injury is unable to utilize the accumulated annual leave. Any excess annual leave accumulated and unused due to compensable injury shall be used within six months after return to work, the period may be extended by mutual agreement between the employee, the appointing authority and the Personnel Director.

   (c)   Vacation schedules shall be developed by the division head on a seniority basis. An employee may be required to take annual leave equivalent to one-half of the annual leave earned in the preceding 26 payroll periods, and also within the discretion of the division head, the employee may be required to work all or part of the time that the employee would normally be on leave, and in lieu of annual leave, shall be paid the annual leave pay provided in this section, which annual leave pay shall be in addition to the compensation received for the time actually worked during that period.

   (d)   Employees shall complete their probationary period before annual leave may be utilized.

   (e)   Employees requesting annual leave in less than 40-hour increments may be required to make request and receive approval from the division head 24 hours prior to the commencement of the leave. Provided, however, that use of annual leave for emergency purposes shall be authorized by the department head without regard to the 24-hour notice.

   (f)   Upon termination of employment, an employee shall be compensated for his or her accrued annual leave at the rate of pay received by the employee at the time the employment is terminated. In the event of the employee’s death, unused accumulated annual leave shall be paid to the beneficiary named by the employee.

   (g)   No sick or annual leave balance will be subject to challenge by an employee for a period that covers more than 12 months prior to the date of the challenge.

(Ord. 474, passed 3-20-1942; Ord. 576, passed 4-9-1945; Ord. 1625, passed 2-27-1961; Ord. 1919, passed 7-7-1966; Ord. 2089, passed 10-21-1968; Ord. 2315, passed 3-13-1972; Ord. 2464, passed 11-6-1974; Ord. 2509, passed 8-25-1975; Ord. 2530, passed 11-5-1975; Ord. 2583, passed 1-17-1977; Ord. 2699, passed 2-26-1979; Ord. 2929, passed 12-19-1984; Ord. 3496, passed 6-10-2002; Ord. 3498, passed 7-22-2002; Ord. 3597, passed 6-24-2004)

§ 35-88 SICK LEAVE.

   Sick leave benefits shall be available as follows at the authorized rate of pay provided in the prevailing salary ordinance for the position or job actually engaged in at the time the sick leave is used.

   (a)   Except as provided below, all regular employees, as herein defined, shall accrue sick leave at the rate of four hours of sick leave for each payroll period that the employee has at least 72 hours of straight time pay. If an employee has 40 hours of straight time pay in a payroll period, but less than 72 hours, the employee shall earn and accrue two hours of sick leave. No sick leave shall be earned or accrued if the employee has been on sick leave for an entire payroll period.

   (b)   Charges against sick leave and pay allowances for time lost on account of sickness shall be made only for time lost for which the employee normally would have received pay and during which normally he or she would have been required to work.

   (c)   Sick leave shall accrue on an unlimited basis.

   (d)   Sick leave shall be credited to the employee each payroll period.

   (e)   Application for sick leave shall be made to and approved by the department head or the proper official designated by him or her. When an employee is absent from duty for a period of three or more consecutive days, a certificate from a licensed physician noting cause or causes of the absence, or other proof of disability or illness, may be required, and if required the proof shall be furnished before the leave request is granted. The employee shall notify his or her department promptly of any disability or illness. Proof of illness or disability may be required at any time by the department head.

   (f)   Sick leave shall be considered a matter of grace and not of right, in that the decision of the appropriate department head shall control as to eligibility for such leave except that an employee may appeal to the City Administrator in all departments except the office of the City Clerk, in which instance appeal may be made only to the City Clerk. In all cases, the decision of the official to whom the appeal is made shall be final and conclusive in every respect. In the event an employee has exhausted all of his or her accumulated sick leave, additional lost time due to illness shall be charged against and deducted from earned annual leave.

   (g)   (1)   a.   Employees who retire after being employed a sufficient number of years to qualify for retirement under the provisions of §§ 35-6 through 35-45 hereof, and the various retirement and pension plans therein provided, shall be paid one day for each day of unused and accumulated sick leave days for up to and including 60 days of such leave and one-half day for each day of unused and accumulated sick leave days in excess of 120 days at the rate at which the employee is being paid at the date of retirement.

         b.   Classified employees not represented by a collective bargaining agent in a collective bargaining unit and not employed by the Board of Hospital Managers who retire on or after January 16, 1995, after being employed a sufficient number of years to qualify for retirement under the provisions of §§ 35-6 through 35-45 of the Code, as amended, and the various retirement and pension plans therein provided, shall be paid one day for each day of unused and accumulated sick leave days for up to and including 60 days of such leave days and one-half day for each day of unused and accumulated sick leave days in excess of 60 days at the rate at which the employee is being paid at the date of retirement, provided that no portion of this payment for accumulated sick leave between 60 and 120 days shall be included in the computation of final average compensation for any unrepresented employee including those unrepresented employees who otherwise receive final average compensation fold-in of sick and/or annual leave.

      (2)   General members not represented by a bargaining unit and employed by the Board of Hospital Managers who are eligible for sick leave inclusion and whose retirement date is otherwise effective during the period of May 1, 1985 through December 31, 1985 shall have added to their final compensation payment for unused sick days as follows:

 

Days	Payment
1 - 60	100%
61 - 120	50%
121 and above	50% of total accrual

 

      (3)   Employees who have exercised the option, pursuant to § 35-15(c), to participate in a deferred compensation plan established by resolution adopted by the City Council and who have accrued eight years of credited service shall be entitled to be paid for accumulated sick leave days as provided in this subsection upon termination of employment under the deferred compensation plan established by resolution adopted by the City Council, regardless of whether the employee elected to become a member of the City retirement system or elected to continue participation in a deferred compensation plan established by resolution adopted by the City Council.

   (h)   In the event of death, except suicide, accumulated sick leave time will be paid in accordance with the provisions of MSA § 17.277(10) on the same formula as provided for retirees in subsection (g) hereof.

   (i)   General members not represented by recognized bargaining units and not employed by the Board of Hospital Managers who are hired, promoted or transferred after March 1, 1989 shall, at the time of retirement, be compensated at 100% for all unused sick leave days and the sick leave days shall not be added in the computation of their final average compensation.

(Ord. 474, passed 3-20-1942; Ord. 1404, passed 10-14-1957; Ord. 1919, passed 7-7-1966; Ord. 1951, passed 1-16-1967; Ord. 2315, passed 3-13-1972; Ord. 2464, passed 11-6-1974; Ord. 2530, passed 11-5-1975; Ord. 2583, passed 1-17-1977; Ord. 2699, passed 2-26-1979; Ord. 2929, passed 12-19-1984; Ord. 2959, passed 6-24-1985; Ord. 3022, passed 12-8-1986; Ord. 3023, passed 12-17-1986; Ord. 3088, passed 2-13-1989; Ord. 3280, passed 7-25-1994; Ord. 3496, passed 6-10-2002; Ord. 3498, passed 7-22-2002; Ord. 3598, passed 6-24-2004)