157.05 HOLIDAYS, VACATIONS, SICK LEAVE AND LEAVES OF ABSENCE.
   (a)   Holidays Full-Time Employees, Department Heads.
      (1)   All regular full-time employees and Department Heads of the City shall receive their regular compensation for each of the following holidays:
         (Ord. 23-57. Passed 11-6-23.)
         The first day of January, New Year's Day;
         The third Monday in January, Martin Luther King, Jr. Day;
         The third Monday in February, President's Day;
         Memorial Day;
         Juneteenth;
         The fourth day of July, Independence Day;
         The first Monday in September, Labor Day;
         Veteran's Day;
         Thanksgiving Day;
         The fourth Friday in November, the day after Thanksgiving Day;
         The twenty-fifth day of December, Christmas Day;
         Any day recommended and appointed by Council.
         Each employee shall celebrate his or her birthday as a holiday during the calendar month on which the birthday falls, at the choice of the employee with the permission of the supervisor. For each holiday observed on the employee's work day, the employee shall be excused from work on such day, if feasible.
      (2)   In the event that New Year's Day, Independence Day, Veteran’s Day or Christmas Day should fall on Saturday, the Friday immediately preceding shall be observed as the holiday. In the event any such holiday should fall on Sunday, the Monday immediately following shall be observed as the holiday. When a holiday falls on the first day of an employee's regularly scheduled weekend, it shall be celebrated on the previous day and when a holiday falls on the second day of an employee's regular scheduled weekend, it shall be celebrated on the following day except at the time of a shift change which necessitates more than a two-day weekend, a holiday which falls on either of the first two days shall be celebrated on the last previous work day and a holiday which falls on any other day of such weekend shall be celebrated on the next subsequent work day.
      (3)   When a full-time employee of the Service Department, or a regular member of the Department of Police below the rank of Chief is authorized to work, and works all or a part of a scheduled workday observed by the City as a holiday, such employee shall, in addition to his or her regular pay, be compensated for such time at one and one-half times his or her regular rate of pay from and after November 1, 1981. For the purpose of this section, a salaried employee's regular hourly rate shall be determined by dividing his or her annual salary by 2080.
      (4)   However, holiday pay is forfeited unless the employee:
         A.   Reports to work the scheduled day preceding each holiday and the scheduled day following each holiday; or
         B.   Is on scheduled vacation leave.
      (5)   When an observed holiday falls within the three-day leave during which an employee is absent for a death as set forth in subsection (e)(2) hereof, the employee shall have his or her special leave extended one day to compensate for the holiday.
   (b)   Holidays - Permanent Parttime, Parttime and Seasonal Employee.
      (1)   When a permanent parttime, parttime or seasonal employee is authorized to work all or a part of each of the following holidays, such employee shall be compensated for such time at one and one-half times his or her regular rate of pay:
      (2)   The first day of January, New Year’s Day;
         The third Monday in January, Martin Luther King, Jr. Day;
         The third Monday in February, President’s Day;
         Memorial Day;
         Juneteenth;
         The fourth day of July, Independence Day;
         The first Monday in September, Labor Day;
         Veteran’s Day;
         Thanksgiving Day;
         The fourth Friday in November the day after Thanksgiving Day;
         The twenty-fifth day of December, Christmas Day;
         Any day recommended and appointed by Council.
         (Ord. 21-48. Passed 11-15-21.)
   (c)   Vacation Leave.
      (1)   Vacation earned - All full-time officers, division heads, Supervisors and Police Lieutenants, with the exception of the City Manager, shall be entitled to the following vacation time with pay:
 
Annual
Bi-Weekly
First 4 years
120 hours
4.62 hours
5 years to 12 years
160 hours
6.16 hours
13 years to 22 years
200 hours
7.70 hours
23 or more years
240 hours
9.23 hours
      (2)   Vacation earned - All full-time employees, other than shown above in subsection (b)(1) hereof shall be entitled to the following vacation time with pay:
 
Annual
Bi-Weekly
First 4 years
80 hours
3.08 hours
5 years to 12 years
120 hours
4.62 hours
13 years to 22 years
160 hours
6.16 hours
23 or more years
200 hours
7.70 hours
         (Ord. 19-48. Passed 11-18-19.)
         A.   Vacation leave shall be scheduled by the director of each department in such manner as he or she deems most advantageous for the service and interest of the City. Such leaves shall be filed with the City Manager five working days prior to scheduled vacation date.Exceptions may be made only by the City Manager.
         B.   For purposes of payout of vacation for these classifications, a proration formula shall be used for time earned.
            (Ord. 92-55. Passed 11-23-92.)
         C.   Permanent part-time employees working a regular schedule of less than forty (40) hours but not less than thirty-two (32) hours per week shall be entitled to a pro-rated amount of vacation time with pay commencing January 1, 2006. Prior part-time service will not be used to calculate the accrual rate.
            (Ord. 19-48. Passed 11-18-19.)
      (3)   Payout. Employees shall be paid quarterly for any vacation leave to their credit if their current vacation balance exceeds two (2) years accumulating at their current rate of pay.
         (Ord. 05-40. Passed 8-1-05.)
      (4)   After one year of service with the City, an employee's anniversary date becomes January 1, for scheduling purposes only. When an employee's service with the City terminates, his anniversary date for all purposes is his date of hire.
         (Ord. 92-55. Passed 11-23-92.)
      (5)   At the time of employment termination, vacation balance shall be paid at their current rate of pay.
         (Ord. 19-48. Passed 11-18-19.)
      (6)   The City Manager is authorized to grant vacation benefits in excess of those listed above to unclassified employees either as an inducement to attract qualified candidates or in recognition of qualified service. However, in no circumstance shall such employee receive more than ten days of vacation in any year prior to entitlement under the proper section of this chapter. This authority is retroactive to August 1, 2000.
         (Ord. 01-22. Passed 6-4-01.)
   (d)   Sick and Injury Leave.
      (1)   Each full-time employee, whose salary or wage is paid in whole or in part by the City, shall be entitled to 4.6 hours of sick leave for each eighty hours of completed service. Employees may use sick leave, upon approval of the department heads, for absence due to personal illness, pregnancy, injury, exposure to contagious disease which could be communicated to other employees, and to illness or injury in the employee's immediate family. For purposes of sick leave, "immediate family" means father, mother, spouse and children.
Permanent part-time employees working a regular schedule of less than forty (40) hours but not less than thirty-two (32) hours per week shall be entitled to a pro-rated amount of sick leave time with pay commencing January 1, 2006. Prior to part-time service will not be used to calculate the accrual rate.
Unused sick leave shall accumulate without limit. When sick leave is used, it shall be deducted from the employee's credit balance on the basis of one day of absence from previously scheduled work. No employee shall be entitled to sick leave in excess of his earned sick leave credit balance, except and provided, the City Manager certifies to Council that by reason of hardship or emergency, an employee should and may be granted up to twenty days' sick leave in excess of his earned credit balance, to be repaid from future earned credit or reimbursed by such employee upon termination of services.
The previously accumulated sick leave of an employee who has been separated from this public service shall be placed to his credit upon his reemployment in the public service, provided that such reemployment takes place within ten years of the date on which the employee was last terminated from public service as set forth in Ohio R.C. 124.38(C).
         The head of the department may require an employee to furnish a satisfactory written signed statement from a physician to justify the use of sick leave in excess of three work days in a thirty-day period. Such certificate shall state the nature of the illness, injury, pregnancy or exposure to communicable disease to justify the use of sick leave. Falsification of either a written, signed statement or a physician's certificate shall be grounds for disciplinary action including dismissal. No sick pay shall be granted upon or after retirement or termination of employment except as provided in subsection (d)(2) hereof. This section does not interfere with existing unused sick leave credit.
      (2)   A.   Any full-time employee hired prior to January 1, 2006, with ten or more years of full-time service with the City, upon severance of employment and when eligible for a regular or disability retirement from full-time public service shall be compensated for 100% of the employee’s accumulated sick time, at the employee’s then current rate of pay to a maximum of 1,200 hours.
         B.   Any part-time employee hired before January 1, 2006 and designated as having permanent part-time status from January 1, 2006 through subsequent promotion to full-time status, and serves ten or more years as a full-time employee, upon severance of employment and when eligible for a regular or disability retirement shall be compensated for 100% of the employee’s accumulated sick time, at the employee’s then current rate of pay, to a maximum of 1,200 hours.
         C.   Any employee hired on or after January 1, 2006, with ten or more years service with the City, upon severance of employment and when eligible for a regular or disability retirement from full-time or permanent part-time public service shall be compensated for 50% of the employee’s accumulated sick time, at the employee’s then current rate of pay to a maximum of 1,200 hours. In addition, such employee shall be compensated for 25% of the employee’s accumulated sick time, at the employee’s then current rate of pay for hours in excess of 1,200 hours to a maximum of 2,400 hours.
            (Ord. 23-57. Passed 11-6-23.)
   (e)   Special Leave. 
      (1)   In addition to leave authorized heretofore, the department head may authorize an employee to be absent without pay for personal reasons for a period of not to exceed ten working days of any calendar year. The City Manager may with the approval of Council authorize special leave of absence with or without pay for any period or periods not to exceed three calendar months in any one calendar year for the purpose of training in subjects related to the work of the employee and which will benefit the employee and the City service; service on jury and attending court as a witness.
         (Ord. 92-55. Passed 11-23-92.)
      (2)   In addition to leave authorized heretofore, every full-time employee or officer of the City shall be granted three days' leave with pay, and every permanent part-time employee of the City shall be granted sixteen (16) hours with pay, for arranging and attendance at the funeral in the event of death of the employee's spouse, child, father, mother, sister, brother or grandparent or the brother, sister or parent of employee's then spouse or relative by blood or marriage. In addition, the City Manager can authorize the use of vacation leave up to five days for arranging and attendance at a funeral of any other relative or close acquaintance. (Ord. 12-52. Passed 11-15-12.)
   (f)   Absence Without Leave. An employee who intends to be absent from duty without pay shall report the reason therefor to his supervisor prior to the date of absence when possible and in no case later than one hour prior to the scheduled starting time of the first day of absence. All unauthorized and unreported absences shall be considered as absence without leave and a reduction in pay shall automatically be made for the period of absence. Such unauthorized absence may be made the grounds for disciplinary action.
   (g)   Injury Leave. Every full-time officer or employee who is disabled from performing the duties of his employment with the City due to bodily injury sustained by such member in the pursuit and performance of the duties of such employment shall receive, in lieu of the benefits conferred upon the City employees by subsection (c) hereof, injury leave at sixty-six and two-thirds percent (66 2/3%) of his average weekly wage for the fifty-two weeks prior to his injury less amounts received by the officer or employee from the Industrial Commission of Ohio or the State Police and Firemen's Disability and Pension Fund of Ohio; this leave shall be paid for such period of time as such member is actually disabled by such bodily injury but no longer than one year from the date of such disabling injury. The department head shall keep accurate records of such injury leave and file a statement of such leave with the City Manager at the end of each month.
   The City Manager may prescribe needed rules and regulations for the establishment of eligibility for and administration of the benefits conferred by this subsection including medical certification of disability. The City Manager may also authorize as an advance, payment by the City from the date of injury provided that the injured officer or employee shall execute authorizations for direct payment of benefits from the Industrial Commission of Ohio or the State Police and Firemen's Disability and Pension Fund of Ohio or, if not paid directly, shall pay and turn over to the City such sums received by such officer or employee from the Industrial Commission of Ohio or State Police and Firemen's Disability and Pension Fund of Ohio for the injury for such one year period. The receipt of benefits pursuant to the provisions of this subsection shall not take away nor otherwise affect the accrual of sick leave, vacation time, seniority or other benefits of employment.
   (h)   Personal Leave.
      (1)   An employee shall be able to use three days of accumulated sick leave as personal days which shall be taken in the year earned; provided that such accumulation reflects an eighty-hour balance. A fourth personal day can be earned and used with a 400 hour balance. Use of sick leave accumulations as personal days shall not be considered as sick days.
      (2)   Personal days shall only be taken with the advance approval of the department head or City Manager.
      (3)   Unused personal days may be added to the employee's sick leave accumulation.
         (Ord. 92-55. Passed 11-23-92.)
   (i)   Donation of Paid Leave to Employees with Critical Needs.
      (1)   As used in this section, “paid leave” means only vacation leave, personal leave and sick leave.
      (2)   The City Manager may establish a Paid Leave Donation Program under which an employee paid directly by warrant of the City may donate some or all of that employee’s accrued but unused paid leave to another employee paid directly by warrant of the City but who has no accrued paid leave and who has a critical need for it because of circumstances such as a serious illness or the serious illness of a member of the employee’s immediate family. Rules shall be established to administer the Paid Leave Donation Program and shall comply with the Codified Ordinances of the City and the Administrative Policies of the City. Said rules shall also include, but shall not be limited to, provisions that identify the circumstances under which leave may be donated and that specify the amount, types and value of leave that may be donated.
         (Ord. 00-64. Passed 12-4-00.)