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In the event any employee, after the completion of the employee’s qualifying year of service, becomes separated from the service of the city by reason of resignation, discharge, retirement or death, or for any other reason, cash payment of a sum equal to all accrued, but unused, vacation, including vacation, for the proportionate part of the service year in which the separation takes place, shall be made at the salary rate current at the date of said separation to the employee, the employee’s estate or any person legally entitled to such payment under any law of this State; provided, however, that in the case of officers of the city, or any department thereof, who serve for a term fixed by the Charter, or any other law, such vacation must be taken before the day on which such officer ceases to hold such office, and, after termination of such term in any manner, the employee shall not be entitled to vacation time, or any compensation in lieu thereof.
Notwithstanding the above provisions, the Department of Water and Power may make a cash payment to a permanently disabled employee of a sum equal to all accrued, but unused vacation, including vacation for the applicable, proportionate part of the service year in which the employee in that Department is determined to be permanently and totally disabled and eligible for disability benefits pursuant to provisions of the Department of Water and Power Employees’ Retirement, Disability and Death Benefit Plan. Said payment shall be made upon the request of the disabled employee. Payment shall be made at the salary rate current at the date the employee is determined to be permanently and totally disabled and eligible to receive disability benefits. Payment may be made to an employee who was determined to be permanently and totally disabled prior to the effective date of this Section upon request of the disabled employee. Payment may be made in the same manner to any employee of the Department of Water and Power who is absent from work for a continuous twelve month period due to an industrial injury. The salary rate used shall be that rate in effect on the first date of the continuous absence. Payment may be made to an employee who was absent due to an industrial injury for twelve or more consecutive months prior to the effective date of this section upon request of the employee.
SECTION HISTORY
Based on Ord. No. 90,365.
Amended by: Ord. No. 147,176, Eff. 5-8-75; Ord. No. 152,342, Eff. 6-16-79.
In the event any employee, after the completion of the employee’s qualifying year of service, is granted a military leave under the provisions of the Military and Veterans Code of the State of California, other than a temporary military leave, cash payment of a sum equal to all accrued but unused vacation time, including vacation time accrued during the proportionate part of the service year in which such leave is granted, may be made to such employee at the salary rate current at the date of the commencement of such leave. Before any payment as herein provided is made, such employee shall furnish to the head of the employee’s department two (2) certified copies of the employee’s orders, one copy to be filed in the department in which the employee is employed and the other with the Controller, or in lieu thereof the employee shall furnish to such appointing authority upon forms provided by the Controller certified evidence of the employee’s entry into the armed forces of the United States and the date thereof: provided, however, that presentation of the proof required under Section 4.123 of this Code may be deemed proof under this section for the same military leave. Any certification required by this section may be made by any commissioned officer of such armed forces. The Controller shall have power at any time to require such additional evidence as is satisfactory to the Controller of the entry of such employee into active service in such armed forces.
SECTION HISTORY
Based on Ord. No. 90,365.
Amended by: Ord. No. 100,536.
(a) Each officer or Board or other appointing authority shall assign vacations and may establish and maintain a vacation schedule for each year, giving due regard in each case to the request of the employee, subject, however, to the right of such appointing authority to plan work under the appointing authority’s control and to approve and assign vacations when the employee can be reasonably spared; provided, that when such appointing authority notwithstanding an employee’s request, has failed or refused to assign a vacation prior to the time necessary to prevent expiration of any unused portion of accrued vacation credit, such employee may absent the themself without penalty so as to avoid losing any vacation credit. Upon the approval of such appointing authority, any accrued and credited vacation time computed pursuant to Section 4.245 may be taken in increments of less than a full vacation, but not less than one (1) day, except for the reasons set forth in Section 4.112 of this Code.
(b) Each department, office or bureau shall furnish the Controller a detailed record of vacation taken. The record shall include the name of the employee, the class, and the number of days or hours and the dates when vacation is taken. The Controller shall maintain for each department, office or bureau the balance of vacation remaining to be taken.
SECTION HISTORY
Based on Ord. No. 90,365.
Amended by: Ord. No. 141,335, Eff. 1-17-71; Ord. No. 146,826 adds Subsec. (c), 12-30-74; Ord. No. 148,209, Eff. 4-9-76; Subsec. (c) Deleted, Ord. No. 173,791, Eff. 3-2-01.
Except in the first service year any employee laid off for less than fifteen (15) consecutive days, or precluded from working by inclement weather which prevents normal performance of duty followed by re-employment by the city, shall be considered to be on leave without pay for such period. This applies only for the purpose of determining vacation rights.
SECTION HISTORY
Based on Ord. No. 90,365.
(a) A half-time employee, as defined by Section 4.110(a) of this Code, is entitled to the same vacation benefits as a full-time employee; provided, however, that pay for such vacation shall be prorated on the basis of the number of hours normally scheduled to be worked in relationship to the number of hours required for full-time employment (2,080 hours) in the class of position.
(b) When a half-time employee becomes a full-time employee or when a full-time employee becomes a half-time employee and such employee is not otherwise disqualified, all accrued and accumulated vacation time for which the employee has been credited up to the date of such change of work schedule shall remain credited to the employee in the amounts so accrued and accumulated without increase or decrease because of the change of work schedule. When a full-time or half-time employee becomes an intermittent employee all accrued and accumulated vacation time for which the employee has been credited as of the date of the change of status shall, at the option of the employee, either be:
(1) compensated in cash, in a lump sum, or
(2) frozen without increase or decrease to be made available if the employee becomes full-time or half-time; provided, however, an employee who has elected to freeze the accruals may request a lump sum cash payment at a subsequent date.
If a full-time or half-time employee becomes an intermittent employee prior to completing a qualifying year, and returns to full-time or half-time status without break in service, all time previously served as a full or half-time employee shall be credited toward the qualifying year. Time served as an intermittent employee shall not be credited toward such qualifying year.
(c) Intermittent employees as defined by Section 4.110(b) of this Code shall not be entitled to accrue or use vacation benefits, except, however, any employee who prior to the effective date of this ordinance had qualified for vacation benefits shall be entitled to continue to accrue and use such benefits, as long as such employee does not have a break in service.
SECTION HISTORY
Based on Ord. 90,365.
Amended by: Ord. No. 141,335, Eff. 1-17-71; Title and Section, Ord. No. 165,482, Eff. 2-1-90; Subsec. (a), Ord. No. 187,437, Eff. 3-17-22.
When a legal holiday falls on a regular working day within a vacation period, the legal holiday shall not be included in the computation of such vacation, but the employee shall be granted additional day’s vacation with full pay equal to the number of such holidays.
SECTION HISTORY
Based on Ord. No. 90,365.
Amended by: Ord. No. 158,352, Eff. 9-23-83, Oper. 7-1-83.
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