EDITOR’S NOTE: Compensation provisions are not included in the Codified Ordinances since they are subject to frequent change. For compensation, consult latest salary ordinances.
145.01 General provisions.
145.02 Sick leave.
145.03 Vacation; holidays; leave.
145.04 Employee benefits.
CROSS REFERENCES
Welfare - see Ohio Const., Art. II, Sec. 34
Workers’ compensation - see Ohio Const., Art. II, Sec. 35; Ohio R.C. Ch. 4123
All officers must take oath - see Ohio Const., Art. XV, Sec. 7; Ohio R.C. 3.22, 733.68
Blanket bonds - see Ohio R.C. 3.06
Failure to give bond - see Ohio R.C. 3.30, 731.49 et seq.
Validity of bond - see Ohio R.C. 3.34, 733.71, 3929.14 et seq.
Public Employees Retirement System - see Ohio R.C. Ch. 145
Council to fix salaries and bonds - see Ohio R.C. 731.13, 731.49 et seq.
Notice when new bond required - see Ohio R.C. 731.50, 733.69
Approval of bonds - see Ohio R.C. 733.70
Expenses for attendance at conference or convention - see Ohio R.C. 733.79
(a) Purpose.
(1) The purpose of this chapter is to set forth the specific terms and conditions which apply to all employees of the Village of Luckey, including all of those persons currently in the employ of the Village at the time of the enaction of this chapter and any hired subsequent to the enaction of this chapter.
(2) This chapter does not modify benefits which may have accrued prior to the enactment of this chapter. Any and all such benefits which have accrued or have been earned prior to the enactment of this chapter shall remain in effect, and shall be carried forward.
(3) This chapter is not intended to. be all-inclusive. While it addresses many of the rules governing Village employees and the benefits accorded to them, it is simply a summary of the benefits and policies of the Village. If further information is required than is addressed in this chapter, it is the duty of the party seeking that information to contact the appropriate Department head or the Mayor.
(4) The information contained herein is considered to be the official policy of the Village and, as such, will be enforced and adhered to as policy. This chapter is not intended to create any contract or binding agreement between the Village and any employee, and nothing herein shall constitute an implied or express contract, guarantee, or assurance of employment or any right to an employment-related benefit or procedure. The Village reserves the right amend this chapter, through the proper procedure, as required in the Ohio Revised Code, at any time without notice.
(b) Employees and Officers Covered. All paid employees and appointed paid officers are covered by this chapter, including members of the Police Department. These policies will not apply to elected officials, because the elected officials are responsible directly to the voters for the amount of time they put in on their work. Elected officials may, but are not required to, use these provisions as guidelines for their own vacation plans.
(c) Previous Provisions Superseded. Any Village of Luckey ordinance, or portion thereof, which is inconsistent with the provisions set forth herein shall be and hereby is superseded and repealed.
(d) Equal Opportunity. The Village is an equal opportunity employer and selects the best matched individual for the job based upon job-related qualifications regardless of race, color, religion, sex, national origin, age, or disability and takes affirmative action to ensure against such discrimination. This policy also applies to disabled veterans and veterans of the Vietnam era. Not only does this policy apply to recruitment, selection, and employment, but it also applies to promotions, transfers, training, wages, benefits, and all other areas of employment.
(e) Falsification of Application. Any material omission or willful misstatement on an application for employment is grounds for disciplinary action up to and including termination.
(f) Drug/Alcohol Policy.
(1) The Village recognizes the danger of drug and alcohol abuse in the workplace and is committed to a drug-free workplace. The following policy is a condition of employment for all employees:
There will be no unlawful manufacture, distribution, dispensation, possession, or use of alcohol or any controlled substance, including but not limited to the unlawful use of cocaine, marijuana, heroin, barbiturates, Valium, cough syrup containing codeine, on Village premises or while the employee is on Village business.
(2) To implement this policy, the Village will require drug and alcohol testing as a condition of employment, under the following circumstances:
A. Any candidate for employment shall be tested prior to job offer. No candidate testing positive for unlawful use of any controlled substance will be hired.
B. Any employee about whom there is reasonable cause to suspect unlawful use of controlled substances. Circumstances indicating "reasonable cause" include but are not limited to the occurrence of vehicular or other accident or injury during work hours and the impairment of job function.
C. Any employee for whom testing is required to comply with federal, state, or local laws or regulations (for example, persons driving vehicles exceeding certain vehicular weight standards).
(3) Under these circumstances, urinalysis drug and alcohol testing will be performed by a competent laboratory. Positive testing will be confirmed by a second testing method on the same specimen. Confirmation of a positive test will result in immediate dismissal. Results of all such tests will be kept confidential.
(g) Smoking Policy. The Village is dedicated to providing a healthy, comfortable, and productive work environment for employees. This goal can only be achieved through on-going efforts to protect non-smokers and to help employees adjust to restrictions on smoking. Therefore, smoking and “vaping” is prohibited throughout the Village's facilities, including Village owned vehicles, except in designated smoking areas.
(h) Sexual Harassment.
(1) "Sexual harassment" is defined as any "unwelcome sexual advance, request for sexual favor, or other verbal or physical conduct of a sexual nature which explicitly or implicitly involves a condition of one's employment or which has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment." Such conduct may be a violation of an employee's rights and is expressly forbidden.
(2) Any employee believing that he or she has been subjected to any kind of sexual harassment in the workplace should report the incident immediately to his/her direct supervisor, to the Mayor, or both.
(3) All complaints of sexual harassment received will be investigated immediately. Any employee involved in sexually harassing another employee will be subject to immediate discipline, which may include discharge for the first offense.
(4) Sexual harassment is not tolerated at the Village.
(i) Internet Use.
(1) Employee use of e-mail and the internet shall be limited to legitimate business purposes only. Browsing, displaying, downloading, forwarding or dissemination of objectionable materials from the internet shall be grounds for disciplinary action, up to and including termination of employment. Objectionable material includes, but is not limited to, graphic depictions of violence and/or nudity, pornography, and sexually explicit pictures and videos, and literature of a similar nature.
(2) Any and/or all electronic communications or information contained therein sent to and/or from any and/or all e-mail accounts belonging to and/or used by the Village, and any and/or all internet content (including, but not limited to web sites, web-forms, and images) and/or the information contained therein, is the sole property of the Village.
(3) Employees of the Village are prohibited from downloading and/or copying and/or forwarding in any way anything that may be construed as Village property.
(j) Safety Policy.
(1) It is the policy of the Village to provide for the well being of its employees and to protect its assets against financial loss. Human resource and property losses are to be minimized through Village-wide safety programs.
(2) The Village is committed to protecting its employees from injury on the job and requires equal dedication from each employee. The Village regards violation of its Safety Policy to be cause for disciplinary measures including dismissal of the employee in the event of lack of responsible work behavior.
(3) The Village's expectations of its employees are enumerated below:
A. Employees shall not use alcohol or illegal drugs while on the job.
B. Employees shall not be under the influence of alcohol or illegal drugs while on the job.
C. Employees shall wear seat belts at all times while driving or riding as a passenger on the job.
D. Employees shall keep and maintain a clean work area.
E. Employees shall not remove or bypass guards on any tools or equipment.
F. Employees shall lift no excessive weight without assistance and shall lift with their legs.
G. Employees shall wear eye, hand, head, body, and ear protective devices as provided.
H. Employees shall report any unsafe conditions to their supervisor.
I. Employees shall follow all other written, spoken or posted safety rules.
J. Employees shall promptly report any injury to their supervisor.
(k) Personal Telephone Calls and Mail.
(1) While the Village recognizes that use of the telephone during working hours is sometimes necessary, it discourages the placing or receiving of personal telephone calls, as it disrupts normal business routine. Employees will refrain from making long distance phone calls except in emergency situations and all personal calls will be charged back to the employee. Except in emergency situations, all personal phone calls will be limited to either designated employee break/lunch times, or before or after the Village's normal business hours.
(2) Receipt of personal mail at any Village address is discouraged, as this takes time away from sorting and distributing business mail.
(l) Vehicle Use.
(1) Village owned vehicles shall be driven for official Village purposes only and shall be cleaned and washed bi-weekly. Employees shall not drive Village vehicles while under the influence of alcohol or drugs, shall not abuse Village vehicles and shall immediately report any accidents and/or malfunctions to management and/or to the proper law enforcement authorities. Village vehicles shall not be driven by non-employees except in the case of an emergency.
(2) Employees using Village owned vehicles shall maintain a clean driving record, (i.e. no moving violations) and upon request of the Village shall provide written authorization for the Village to conduct a review of the employee's driving record with the Bureau of Motor Vehicles. Any employee shall promptly notify the Village, in writing, about any change in said employee's driving record. The failure of any such employee to maintain a clean driving record may result in reassignment and/or termination. (Ord. 790. Passed 10-17-18.)
(a) Purpose of Sick Leave. The purpose of sick leave is to permit full-time employees to take time off for an actual illness or injury, or a medical emergency. Part-time employees shall not be entitled to sick leave. The purpose of sick leave is not to provide paid holidays, and it is the policy of the Village not to permit sick leave to be taken unless one of the conditions required for sick leave as described in subsection (b) hereof, actually exists.
(b) Reasons for Sick Leave. Sick leave may be granted for any of the following reasons:
(1) Illness of the employee making it impossible or inadvisable for the employee to attend work.
(2) Sudden emergency illness of a child of the employee, a parent of an employee, or a close relative of an employee may be grounds for sick leave up to one day until arrangements can be made to take care of the sick person.
(3) Taking children or other family members to routine medical appointments and the like is not a basis for granting sick leave. An employee may be released to meet any of these appointment needs, at a time approved by the department head (at his or her discretion) or the Mayor (at his or her discretion), either by using accumulated vacation time of the employee, if the employee has any accumulated vacation time, or by granting such time of absence without pay as may be deemed necessary by the department head (at his or her discretion) or the Mayor (at his or her discretion).
(4) An employee shall be eligible for sick leave for any appointment made on the employee's own behalf, with any person licensed by the State to perform any healing art, including any physician or dentist, optometrist or other licensed practitioner, concerning the employee's physical health or mental health in any way. Sick leave shall be granted whether the appointment is for an examination, for prevention or for treatment.
(5) In case of an injury making it impossible for an employee to perform the employee's work, every effort will be made to assign the employee to work that can be done within the limitations caused by the injury. If the injury prevents the employee from doing any work at all for the Village, the employee shall be eligible for sick leave. If it is feasible for an injured employee to do work at home, work shall be provided for the injured employee to do at home.
(c) Number of Days of Sick Leave.
(1) Sick leave shall be accumulated as follows: Full-time municipal employees shall be entitled to sick leave with full compensation totaling one and one-fourth (1 1/4) days per full calendar month worked, or ten (10) hours per full calendar month worked. Unused sick leave shall continue to accrue for the entire duration of employment, but in no case shall unused sick leave exceed thirty (30) days.
(2) Part-time employees shall be entitled to no paid sick leave.
(d) Notification. No employee shall fail to notify a supervisor when he or she becomes ill and cannot report for work, or if there is any change in one's physical/mental health that could disqualify the individual from continuing to be able to perform his/her job assignments. Additionally, the use of sick leave without proper justification, the making of a false statement, or the furnishing of any false information with reference thereto by any employee and any other abuse of sick leave by an employee or employee of the Village is strictly prohibited. Personnel who are absent from work because of illness for more than three consecutive days may be required to furnish a certificate from a medical practitioner stating the nature and severity of the illness, to be given sick leave with pay. Employees, who because of their attendance records have been given a warning letter, may be required to submit a medical practitioner's certificate for all sick leave for a specific period of time or such employees may be subject to examination by a medical practitioner appointed by the Village.
(e) Personnel to Obey Medical Practitioner's Orders.
(1) Employees shall obey their medical practitioner's orders and shall promptly notify their supervisor of any restrictions or instructions by their medical practitioner, or prescribed medications that could effect their ability to perform their assigned tasks.
(2) The Mayor or Department Head shall have the right to require an employee who has a physical or mental incapacity to submit a report from a licensed medical practitioner verifying that the employee can perform the essential functions of his/her assigned duties without limitations.
(3) The Village may require a medical examination for an employee by a medical practitioner selected and paid for by the Village whenever the Village shall deem it necessary for the safety and welfare of the residents of the Village and the maintenance of standards within the Department. If the results of the examination would effect the employee's ability to work, then the employee may have a second opinion at his/her expense by a medical practitioner of his/her choice. If there is a difference of opinion by the first two medical practitioners, the employee may be examined by a medical practitioner mutually agreeable to the Village and the employee paid for by the Village.
(f) Records. Accurate records of each employee's accumulated sick leave, and the amount of sick leave taken by each employee, shall be kept either in written form in the employee's personnel file or in a computer memory in permanent form. Any employee may receive a copy of the written record or a printout of the computer information relating to that employee's sick leave, on request. Any employee dissatisfied or having any questions about the employee's sick leave, may have an appointment with the department head or, at the option of the Mayor, with the Mayor, to discuss the matter.
(g) Mental and Emotional Health Needs. Sick leave shall be available to any employee hospitalized for mental or emotional health problems, to the extent that accumulated sick leave days are available, and sick leave shall also be available for office appointments for mental health and emotional health needs.
(h) Family Medical Leave.
(1) Policy and purpose. By the policies set forth herein, the Village intends to comply with the Family Medical Leave Act, as it applies to the Village under statute. Pursuant to 29 CFR 825.101, the Family Medical Leave Act ("FMLA") is intended to allow employees to balance their work and family life by taking reasonable unpaid leave for medical reasons, for the birth or adoption of a child, and for the care of a child, spouse, or parent who has a serious health condition. FMLA is intended to balance the demands of the workplace with the needs of families, to promote the stability and economic security of families, and to promote national interests in preserving family integrity. It is intended that this chapter accomplish these purposes in a manner that accommodates the legitimate interests of the Village, and in a manner consistent with the Equal Protection Clause of the Fourteenth Amendment in minimizing the potential for employment discrimination on the basis of sex, while promoting equal employment opportunity for men and women.
(2) Eligibility. Pursuant to 29 CFR 825.110, in order for an employee of the Village to be eligible to take a leave of absence under FMLA, both conditions A. and B. shall be met:
A. The Employee has been employed by the employer for at least 12 months.
1. The 12 months an employee must have been employed by the Village need not be consecutive months. If an employee is maintained on the payroll for any part of a week, including any periods of paid or unpaid leave (sick, vacation) during which other benefits or compensation are provided by the Village (e.g., Workers' Compensation, group health plan benefits, etc.), the week counts as a week of employment. For purposes of determining whether intermittent/occasional/casual employment qualifies as "at least 12 months," 52 weeks is deemed to be equal to 12 months.
B. The Employee has been employed for at least 1,250 hours of service during the 12-month period immediately preceding the commencement of the leave.
1. Whether an employee has worked the minimum 1,250 hours of service is determined according to the principles established under the Fair Labor Standards Act (FLSA) for determining compensable hours of work (see 29 CFR Part 785).
2. The determinations of whether an employee has worked for the Village for at least 1,250 hours in the past 12 months and has been employed by the Village for a total of at least 12 months must be made as of the date leave commences.
(3) Basis for leave. The Village shall grant leave to eligible employees under the FMLA in the following circumstances:
A. For birth of a son or daughter, and to care for the newborn child;
B. For placement with the employee of a son or daughter for adoption or foster care;
C. To care for the employee's spouse, son, daughter, or parent with a serious health condition; and
D. Because of a serious health condition that makes the employee unable to perform the functions of the employee's job.
(4) Duration of leave.
A. An eligible employee's FMLA leave entitlement is limited to a total of twelve (12) workweeks of leave during any twelve (12) month period for any one, or more, of the reasons set forth in subsection (h)(3) above.
1. The method used to determine the twelve (12) month period in which the twelve weeks of leave entitlement occurs shall be the twelve (12) month period measured forward from the date employee's first FMLA leave begins. An employee is entitled to twelve (12) weeks of leave during the year beginning on the first date FMLA leave is taken; the next twelve (12) month period would begin the first time FMLA leave is taken after completion of any previous twelve (12) month period.
B. For purposes of determining the amount of leave used by an employee, the fact that a holiday may occur within the week taken as FMLA leave has no effect; the week is counted as a week of FMLA leave.
(5) Benefits to continue during leave. During any FMLA leave, the Village shall maintain the employee's coverage under any group health plan on the same conditions as coverage would have been provided if the employee had been continuously employed during the entire leave period.
(6) Notice to be given. An employee must provide the Village at least thirty (30) days advance notice before FMLA leave is to begin if the need for the leave is foreseeable based on an expected birth, placement for adoption or foster care, or planned medical treatment for a serious health condition of the employee or of a family member. If thirty (30) days notice is not practicable, such as because of a lack of knowledge of approximately when leave will be required to begin, a change in circumstances, or a medical emergency, notice must be given as soon as practicable.
A. "As soon as practicable" means as soon as both possible and practical, taking into account all of the facts and circumstances in the individual case. For foreseeable leave where it is not possible to give as much as 30 days notice, "as soon as practicable" ordinarily would mean at least verbal notification to the Village within one or two business days of when the need for leave becomes known to the employee.
B. An employee shall provide at least verbal notice sufficient to make the Village aware that the employee needs FMLA-qualifying leave, and the anticipated timing and duration of the leave.
C. When planning medical treatment, the employee must consult with the Village and make a reasonable effort to schedule the leave so as not to disrupt unduly the Village's operations, subject to the approval of the health care provider.
(7) Details not addressed. Any detail, rule, requirement, prohibition, recommendation, term, condition, or issue not addressed by this Section shall be governed by the terms and conditions set forth in the Family Medical Leave Acts as codified in 29 CFR 825.
(8) Federal preemption. It is the intent of the Village to comply with all Federal Rules and Laws governing employee Family Medical Leave. In the event that Federal or State laws and/or rules governing Family Medical Leave are more stringent, those rules or laws shall govern. Should any Federal or State law or rule supersede any portion of this chapter, only the portion in question shall be modified and the remainder of the chapter shall remain in full effect.
(i) Employee Shall Apply Vacation or Sick Leave Accrued. An injured employee shall apply any accumulated comp time (as referenced in Section 145.04
(e)) against the necessary absence from work due to an injury arising in the course of and out of employment with the Village and during the time such comp time is being used, said employee shall not be permitted to draw Workers' Compensation benefits. In the event an injured employee has no accumulated comp time, he or she shall be paid compensation benefits as provided for by the Workers' Compensation laws of the State.
(j) Emergency Assignments. Village personnel, except those excused for injury, military leave, and for other reasons by the Department head, will report for assignments during major emergencies (civil defense, natural or manmade disasters) as directed by their Department Heads or the Mayor at the appointed time and place despite the severity of the weather or other condition. To obtain sick leave during a declared emergency assignment period, a certificate from a medical practitioner may be required as proof of illness.
(k) Status of Officer or Employee Protected. Each officer or employee taking leave as provided in subsection (h) hereof shall be fully protected in his or her status as an officer or employee of the Village. The officer or employee's seniority rights, accumulation of credit towards sick leave, accumulation of credit towards vacation time, and accumulation of credit towards raises shall continue during the time of the employee's leave.
(Ord. 790. Passed 10-17-18.)
(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.)
(a) Health Insurance Provided. After completing six (6) consecutive weeks of full-time employment, a full-time employee of the Village shall receive family or single-person health insurance coverage through a plan approved by the Village. Such health insurance shall be provided to the full-time employee through a plan that the Village from time to time adopts and is subject to change at the Village's discretion.
(b) Unemployment Benefits. Full-time employees of the Village may be eligible to receive unemployment insurance benefits from the State of Ohio. The decision of the award of such benefits lies solely in the discretion of the State of Ohio and shall require no action on behalf of the Village.
(c) Retirement Plan. Unless specifically exempted by the provisions of the Ohio Public Employees Retirement System (PERS), all employees of the Village shall join and maintain, for the duration of their employ with the Village, membership in PERS. Such membership requires that employee contribute, through a payroll deduction, ten percent (10%) of his or her gross earnings to PERS. The Village shall contribute, at no cost to employee, fourteen percent (14%) of employee's gross earnings to PERS, unless otherwise required by State law.
(d) Mandatory Retirement. All employees of the Village shall be required to take mandatory retirement upon attaining the age of seventy (70).
(e) Overtime. Overtime work is work in addition to the established schedule of hours of work per week and shall be kept to a minimum. Compensation for overtime, upon approval of the Mayor, shall be awarded to full-time employees by the terms of the following sub-sections, in accordance to the terms and conditions set forth in the Fair Labor Standards Amendments, codified in 29 CFR 553:
(1) Overtime awarded as compensation time. Compensation for overtime worked shall be awarded in Comp-time in lieu of monetary compensation. Comp-time shall be credited at the rate of one and one-half (1.5) hours per hour of overtime worked and may be accrued; provided, however, such accrual shall not exceed two hundred and forty hours (240) hours in case of all Village employees, with the exception of Village police officers. Village police officers shall not be permitted to accumulate more than four-hundred and eighty (480) hours of Comp-time. Any employee who has accrued Comp-time in excess of the maximum amount allowed shall be paid overtime compensation at a rate of one and one-half (1.5) times their regular rate of pay for any additional overtime hours worked. The use of comp-time shall be governed by the same rules and terms of vacation time, as specified in Section 145.03(c).
(2) Comp-time limited to full-time employees. Part-time employees shall not receive overtime compensation in any form.
(3) Compensation made once per period worked. Overtime compensation, when required, will not be paid more than once for the same day or hours. This section does not apply to department heads, officials, or clerical employees.
(4) Compensation upon termination. Upon termination of employment, an employee who has accrued overtime compensation time shall be paid for the unused compensation time at a rate of compensation not less than the greater of:
A. The average regular rate received by such employee during the last three (3) years of the employee's employment, or
B. The final regular rate received by such employee.
(5) Details not addressed. Any detail, rule, requirement, prohibition, recommendation, term, condition, or issue not addressed by this Section shall be governed by the terms and conditions set forth in the Fair Labor Standards Amendments, codified in 29 CFR 553.
(6) Federal preemption. It is the intent of the Village to comply with Fair Labor Standards Amendments, codified in 29 CFR 553. In the event that Federal or State laws and/or rules governing Overtime Compensation are more stringent, those rules or laws shall govern. Should any Federal or State law or rule supersede any portion of this chapter, only the portion in question shall be modified and the remainder of this chapter shall remain in full effect.
(f) Unexcused Absences.
(1) It is the Village policy that no employee shall be absent from work on a day and at any time that the employee is scheduled to work, unless the employee was excused for a reason stated in an applicable Village ordinance or for a reason stated in the Village's personnel manual. This section shall not be interpreted as prohibiting granting leaves of absence without pay, as provided for in Sections 145.03(i), (k), and/or (l) herein.
(2) Unexcused absences shall be noted in the employee's personnel file and shall be considered at the time of decisions on merit pay increases, promotions, demotions and possible discharges.
(g) Cell Phone Policy.
(1) Village employees may be assigned a cell phone when a valid mission-related purpose exists. The primary purpose for all assigned cell phones is official business. While the Village recognizes that it may sometimes be necessary to place or receive a personal call with an assigned cell phone, the Village discourages this practice as it disrupts normal business routine and comes at an expense to the Village. Employees who use their assigned cell phones for personal purposes will be responsible for the associated additional costs, including but not limited to charges for exceeding their assigned cell phone plan’s minute allowance, and charges for using services not included in the assigned cell phone plan, such as text messaging or data usage.
(2) If an assigned cell phone is lost or stolen, the Village employee shall immediately report this to their supervisor. Village employees shall report malfunctioning cell phones to their supervisor rather than dealing with the cell phone service provider to avoid additional costs. Village employees may be held responsible for lost or damaged cell phones that are the result of the employee’s carelessness.
(3) Upon separation of employment or at the request of his or her supervisor, Village employees shall immediately surrender any Village-assigned cell phone.
(4) The phone number assigned to any Village cell phone and any data stored on any Village cell phone is and remains at all times the sole property of the Village.
(h) Credit Card Policy.
(1) The Village may issue credit cards to authorized employees for the purpose of purchasing goods and services necessary to carry on Village business. Use of Village credit cards shall be in accordance with the following rules:
A. All purchases made with Village credit cards shall be in accordance with any instructions and directives that are communicated to the authorized employee when the credit card is issued. These may include instructions on what to purchase, purchase limits, receipt processing and documentation procedures, or other requirements as may be appropriate.
B. Village credit cards shall not be used for personal purchases of any kind. Use of a Village credit card for personal purchases with the intention of reimbursing the Village is prohibited.
C. Cardholders are responsible for ensuring all purchases are authorized and within the credit card’s limit.
D. Cardholders are responsible for managing any returns or exchanges to obtain proper credit for returned merchandise. The cardholder shall contact the vendor to obtain instructions for returns and make sure the proper credit is applied to the card.
E. If the cardholder’s responsibilities include making payments on the credit card, payments shall be made within the grace period to avoid interest charges and penalties.
F. Cardholders shall take reasonable measures to safeguard the security of the credit card and the credit card number.
G. Cardholders shall not permit unauthorized use of the credit card.
H. Cardholders shall report lost or stolen credit cards to his or her supervisor immediately.
I. Cardholders shall fully cooperate with all efforts by Village officials to audit or investigate credit card activity.
J. Upon separation of employment or at the request of his or her supervisor, Village employees shall surrender any Village-issued credit card.
(2) Failure to comply with the above rules governing the use of Village credit cards may result in revocation of the credit card, disciplinary action, personal liability and termination.
(i) Notice of Resignation. Village employees are required to tender in written form, to the Mayor, a letter of resignation two (2) weeks prior to the effective date of their resignation or termination.
(j) Compliance with State Law. All formal actions of Council relating to the adoption of this chapter, and all deliberations of Council and any of its committees leading to such action were in meetings open to· the public as required by law, including Section 121.22 of the Revised Code of Ohio.
(Ord. 790. Passed 10-17-18.)