(a) Purpose.
(1) The purpose of vacation time and holidays is to mutually benefit the Village and the employee by giving the employee a period away from employee's duties. These benefits shall apply only to full-time Village employees.
(2) Part-time Village employees shall not be entitled to any compensated Vacation time.
(b) Determination of Vacation Time Available. Vacation time shall be calculated from the date of employment of each full-time employee. For the purposes of vacation time, twenty-four (24) completed bi-monthly pay periods shall constitute a full year of service. The following schedule shall be used to calculate vacation time earned:
(1) During the employee's first fractional calendar year of service, the employee shall earn vacation days at a rate of one-half (½) day of compensated service per month.
(2) During the second, third, fourth, and fifth full calendar years of service, vacation time shall accrue annually at a rate of eighty-three one-hundredths (.83) of a day per calendar month worked, which amounts to ten (10) fully compensated days per calendar year worked.
(3) During the sixth, seventh, eighth, ninth, and tenth full calendar years of service, vacation time shall accrue annually at a rate of one and one-quarter days (1.25) per calendar month worked, which amounts to fifteen (15) fully compensated days per calendar year worked.
(4) During the eleventh, twelfth, thirteenth, fourteenth, fifteenth, sixteenth, seventeenth, eighteenth, nineteenth, and twentieth full calendar years of service, vacation time shall accrue annually at a rate of one and sixty-six one-hundredths days (1.66) per calendar month worked, which amounts to twenty (20) fully compensated days per calendar year worked.
(5) After the completion of twenty (20) full calendar years of service, vacation time shall accrue annually at a rate of two and eight-hundredths days (2.08) per calendar month worked, which amounts to twenty-five (25) fully compensated days per calendar year worked.
(Ord. 790. Passed 10-17-18.)
(c) Accumulation of Vacation Time.
(1) Carry-over from previous year. An employee shall be permitted to carryover a maximum of five (5) days of accrued vacation time into the next year following such employee's Anniversary of Hire [for the purposes of this Section, defined as the day of the month an employee was hired plus three hundred sixty-five (365) days]. Thus, by way of example, an employee hired on July 1, 2018 who has accrued ten (10) days of vacation from July 1, 2019 through June 30, 2020, but has used none of them in 2020 shall begin his next Anniversary year on July 1, 2020 with five (5) vacation days accrued.
(2) Maximum vacation time limited. No employee may accumulate more vacation time than the amount the employee is capable of accruing in any one year. By way of example, an employee with three (3) years of tenure shall not be permitted to accumulate more than ten (10) days of vacation time, nor may an employee with twenty-five (25) years of tenure be permitted to accumulate more than twenty-five (25) days of vacation time. Upon such time that an employee accrues more vacation time than the maximum permitted hereunder, such further accrual shall cease until such time that the employee has used vacation time sufficient to remain under the maximum limits established; any vacation time earned during such a cessation shall be forfeited without compensation or credit therefor.
(3) Unused vacation time forfeited. At the end of any Anniversary of Hire, any employee who has accrued (whether through earned time, carry-over time, or a combination thereof) an amount of vacation time which exceeds the maximum amount set-forth in paragraph B hereof shall forfeit said excess time, without compensation or credit therefor.
(4) Waiver by Council. Any employee who, by virtue of extraordinary circumstances beyond his or her control, is necessitated to forego the use of his or her vacation time, may apply to Council for a waiver of the limitations set-forth in this Section. In determining whether such a waiver is appropriate, Council shall consider all relevant factors, including but not limited to the schedule/availability of other employees, weather conditions, acts of God, and other unforeseeable events. If Council, in its sole discretion, determines such a waiver is necessary and appropriate, by a majority vote, it may waive or modify the provisions of this section; the duration of such waiver or modification shall not last more than one calendar year in duration. (Ord. 816. Passed 4-7-21.)
(d) Time of Taking Vacation. Employees may take vacations by taking all of their accumulated time at one time, or by taking the accumulated time in any smaller amounts down to one half-day at a time. Employees may use comp time in any increment of no less than one hour in length. The time or date at which vacation or comp time is to be scheduled is subject to the approval of the department head, or the Mayor, in the case of employees responsible directly to the Mayor, provided that the department head and the Mayor will give consideration to the employee's wishes as to taking the vacation all at once or taking the vacation in smaller divisions of a week at a time, a day at a time, a half a day at a time, or the like; and also provided that similar consideration will be given to employee's wishes as to using comp time all at once, or in smaller divisions of no less than one hour.
(e) Payment in Lieu of Vacation Prohibited. Under no circumstances may an employee or officer be paid an additional consideration in order to forego a vacation. The purpose of a vacation is to benefit both the Municipality and the employee, by giving the employee a period away from the employee's duties. Department heads and the Mayor will urge all officers and employees to take available vacation time.
(f) Holidays.
(1) Paid holidays. The holidays listed in subsection (f)(2) hereof shall be official holidays of the Village. All full-time employees paid on an hourly basis shall be paid for those holidays. Part-time employees shall not receive paid holidays. All Village offices shall be closed, provided that essential services for emergency water repair, emergency sewer repair, emergency street, and street lighting repair and all other emergency services shall continue. The department heads shall schedule assignments for emergency service, subject to change by the Mayor. Police services shall continue on all holidays. To receive pay for an unworked holiday, employees must work the last scheduled departmental work day preceding and the first departmental scheduled work day following said holiday. Holiday pay shall be limited to the regular scheduled hours of the normal work day for the unworked holiday and shall be counted as time worked for the purpose of computing weekly overtime pay. Whenever it is necessary for a full-time employee to work on a holiday, he or she shall be paid for the holiday, and also he or she shall be entitled to additional holiday pay at one and a half times (1.5) the usual rate for the position. Thus, by way of example, an employee working an eight (8) hour day on a holiday shall be paid for the equivalent of twenty (20) hours. Part-time employees working on Village holidays shall be paid at their normal rate of pay.
(2) Official holidays. The following are hereby declared to be official holidays:
A. The first day of January, known as New Year's Day.
B. The third Monday of January, known as Martin Luther King, Jr. Day.
C. The third Monday in February, known as Presidents' Day.
D. The last Monday in May, known as Memorial Day.
E. The fourth day of July, known as Independence Day.
F. The first Monday in September, known as Labor Day.
G. The Second Monday in October, known as Colombus Day.
H. The eleventh day of November, known as Veterans' Day.
I. The last Thursday in November, known as Thanksgiving Day.
J. The twenty-fifth day of December, known as Christmas Day.
(g) Funeral Leave.
(1) Closing for funerals. At the discretion of the Mayor, any office or department of the Village may be closed to permit members of the department to attend a funeral of any person. Services required for emergency needs shall not be closed. The departments to remain open for emergencies shall include the Police Department and the 24-hour Service Department, provided that at the discretion of the manager some members of such departments may be granted leave to attend the funeral, provided that arrangements are made for "beeper" or remote calling devices to contact those members should the need arise.
(2) Funeral leave. Each head of a department of the Village or the Mayor has authority to grant, at the department head's discretion, funeral leave in accordance with this section. Any Village employee may apply orally or in writing for funeral leave to attend the funeral of a friend, relative, or close associate. The head of the department shall grant up to one half-day's leave, with pay, to attend such funeral. If an employee is asked to act as a pallbearer, one day with pay may be taken, but not more than two days in a calendar year with pay to be a pallbearer. Any additional time required for funeral leave shall be taken by using vacation allowance.
(3) Factors to be considered. In granting funeral leave under this chapter , the department head shall consider the feelings of the employee requesting funeral leave, as well as the needs of the department.
(h) Military or Reserve Leave.
(1) Military leave. In addition to all other leaves of absence, vacation time and paid holidays, each Village employee and officer may qualify for military leave under the terms of this section. Any Village employee or officer serving as a member of the reserve forces of any armed service of the United States, including the Army, Navy, Marine Corps, the Air Force and the Coast Guard, shall receive military leave, for up to one month each year, for time actually spent on reserve duty. Time spent on weekends or holidays when the officer or employee normally would not be required to be at work for the City shall not be considered military leave. Military leave shall be used only for time actually spent in reserve service.
(2) Pay during military leave. If during the military leave the employee receives less pay from the armed service than the employee's pay from the Village, the Village shall pay the difference between the military pay and the normal salary from the Village.
(i) Leave of Absence. A leave of absence without pay may be granted for a period not to exceed sixty days when the granting of such leave is in the mutual interests of the Village and the employee. Such leave shall require approval of the department supervisor (at his or her discretion) and the Mayor (at his or her discretion). A leave of absence without pay and not to exceed five working days shall be granted by the department supervisor or the Mayor in the event of a death in the immediate family of an employee. The employee shall not accrue employee benefits while on leave without pay.
(j) Absence Without Leave. No employee may be absent from duty without permission of the department head. Absence without leave shall be sufficient cause for forfeiture of all rights and privileges earned while employed. An employee absent for three consecutive working days without notice and without sufficient reason shall be considered to have resigned.
(k) Special Leave. Employees or officials on special leave for official Village business, special education, or training, upon authorization by the Council, shall receive a regular pay during the period of said leave. It is further provided that the Council may authorize that all necessary expenses be paid by the Village.
(l) Fire Department Leave.
(1) A Village employee who is a member of the Troy Township Volunteer Fire Department or Rescue Squad is permitted to answer an emergency call during regular working hours, provided, however, that he shall not be paid by the Village for such time spent on any such call or calls, and his Village timesheet must accurately reflect and denote any such time missed due to such a call. Further, during such time that any employee is responding to such an emergency call, he shall not accrue sick time, vacation, comp time, or any other benefit provided by the Village.
(2) The provisions contained in this Section do not in any manner permit a Village employee who is a member of Troy Township Volunteer Fire Department or Rescue Squad and becomes injured or disabled while attending to Fire Department or Rescue Squad duties to accrue additional, compensated time-off from his or her Village duties, nor may a claim for such an injury be made against any Village’s insurance policy or workers compensation benefit. Any time-off required from such an injury or incident shall be charged against the employee's regular sick and/or vacation leave.
(m) Terminal Pay. Employees who leave the service of the Village for any reason shall receive all pay which may be due them with the following qualifications:
(1) Provided that the department supervisor is notified by the employee of his or her leaving two weeks in advance, as required in Section 145.04(g), upon termination of service with the Village for any reason any employee shall be paid for his or her services up to the date of termination. In addition, the employee shall be paid for any sick time which has accrued but which has not been taken, up to 30 days of paid sick time. Any balance above and beyond thirty (30) days remaining shall be forfeited by the terminated employee and may not be transferred, assigned, sold, or otherwise disposed of. In addition, the employee shall be paid for any vacation time which has accrued but which has not been taken, up to the amount the employee is entitled to accumulate under the provisions of Section 145.03(b).
(2) In case of death of an employee, the employee's estate shall be paid for accrued vacation and regular pay then accrued.
(3) In the case of an employee who does not provide notice as required in Section 145.04(g), all of said employee's accrued sick time, comp time, or vacation time shall be forfeited by the employee. Such forfeited time shall not be compensated in any manner, nor shall it be sold, transferred, gifted, or otherwise disposed of. (Ord. 790. Passed 10-17-18.)