149.08  VACATIONS.
   (a)   (1)   Vacation time for all full-time permanent hourly employees and all annual salaried employees not covered by a collective bargaining agreement shall be earned in one calendar year and taken in a subsequent year. Probationary employees shall receive no vacation time during the first ninety (90) days of their probationary period, but shall receive credit upon expiration of their probationary period for all time spent as a probationary employee. Vacation time earned during the first calendar year of employment shall be in accordance with the following schedule to reflect service time from the date of employment to December 31 of that first year:
Hours of Service
Vacation Hours Earned
240 to 439
8
440 to 639
16
640 to 839
24
840 to 1039
32
1040 to 1239
45
1240 to 1439
48
1440 to 1639
56
1640 to 1839
64
1840 to 2079
72
 
         Effective January 1, 2002, all full-time permanent hourly employees and annual salaried employees not covered by a collective bargaining agreement, who have completed one full year of service or more as of December 31 of any given year shall be entitled to vacation in a subsequent year based on the following schedule:
 
Full Years of Service as of December 31
Vacation Hours Earned
1 thru 6
80
7 thru 12
120
13 thru 18
160
19 and over
200
 
         Effective January 1, 2021, full-time employees who previously served under a part-time status with the City will have their vacation accrual begin retroactively to the part-time date of hire with the City. This provision shall not apply to employees who formerly served as an elected official, served on the Civil Service Commission, or where there was a break in service with the City of Lakewood.
         When a full-time permanent hourly or salaried employee terminates his employment due to voluntary resignation, retirement or death, vacation time earned during that year shall be prorated based on the above schedules.
      (2)   In applying subsection (a)(1) hereof, there shall be included in the term “regular time service” all regular time worked, regular time not worked but compensated by reasons of the holiday, vacation or sick leave provisions hereof and regular time neither worked nor directly compensated by the City but for which an employee received worker's compensation because of injury sustained in the course of employment by the City.
   (b)   Vacation time for all full-time permanent hourly employees and all salaried employees not covered by a collective bargaining agreement, shall be earned in one year and taken in the subsequent year, except that an employee's paid vacation leave shall be adjusted (or prorated) to reflect time spent on unpaid leave(s) of absence totaling thirty days or more (i. e. for each thirty days spent on unpaid leave of absence, an employee shall lose one-twelfth of regular paid vacation leave).
   (c)   Vacation pay of all employees shall be computed on the basis of compensation schedules, including regular time as to hourly employees, in effect at the time vacations are taken.
   (d)   No employee may accumulate in excess of ten weeks (fifty working days) of vacation time, excluding all vacation time earned in the year in which the accumulated vacation is taken; provided, however, in the event an employee is prevented from taking all of his vacation time earned during such year due to operational requirements of the City, the Mayor, at his sole discretion, shall have the authority to authorize a cash reimbursement for the vacation time such employee would have lost as a result of such prevention. No employee shall take more than four weeks vacation in a single uninterrupted period of time, except upon termination of employment. Accrued vacation time in excess of ten weeks (fifty working days) not taken by the employee shall be deemed surrendered by the employee. Except as otherwise provided herein, vacation time not actually taken as such is not compensable in money; however, an employee may be compensated for vacation time earned upon the termination of his employment for any reason other than discharge for cause, conditioned upon at least one week's notice of such termination by such employee.
   (e)   All vacations shall be granted and taken at such times as shall be mutually agreeable to the employee and his division head, insofar as possible. Where they are unable to agree, the decision of the division head shall govern. The division head may permit the vacation to be taken in other than consecutive days. Each division head shall annually prepare a vacation schedule so devised as to cause minimum interference with normal operation of the division. In the event of conflict between employees in regard to vacation time, seniority shall control.
   (f)   Notwithstanding the provisions of Ohio R.C. 9.44, in determining service time, solely for the purpose of the above vacation schedules, for employees employed by the City subsequent to December 31, 1984, prior service time with the State or any political subdivision of the State shall not be credited to the employee to establish an accrued basis of years of service upon entry into City employment.
(Ord. 49-01. Passed 11-5-01; Ord. 23-2020. Passed 12-21-20.)