161.05 OVERTIME PAY.

   (a)   All full-time, part-time and special employees of the Municipality, excluding persons in exempt positions, shall be paid overtime pay for all hours in excess of forty worked in any one week. Hourly paid employees shall receive overtime pay at a rate equivalent to one and one-half times their regular hourly rate for all overtime worked. Salaried, but not exempt, employees shall be paid overtime pay at a rate equivalent to one and one-half times their hourly compensation rate as determined in accordance with Section 161.01(a).

   (b)   In calculating overtime pay, hours not worked because of sick leave, vacation and holidays shall be included in determining the regular forty hour week as if worked. Any employee who, with the approval of his or her department head, regularly works less than the standard forty hour work week shall not be entitled to overtime pay for hours worked in excess of such employee’s normal work week unless such employee works in excess of forty hours.

   (c)   When a part-time member of the Fire Department is working twenty-four hour shifts, they will be compensated at 1.5 times their basic rate of pay for hours worked in excess of forty-eight hours in a week. Also, when a part-time member of the Fire Department is authorized to work a holiday, they will be compensated at 1.5 times their basic rate of pay for the holiday worked. (Ord. 123-2018. Passed 1-24-19.)

161.06 SEPARATION PAY.

   All employees separated from service for any reason shall receive separation pay which may be due them in accordance with the following qualifications:

   (a)    In Case of Suspension. An employee who has been suspended as a disciplinary action shall be paid wages due as soon as the amount due is certified to the Director of Finance by his supervisor.

   (b)    In Case of Dismissal. An employee who has been dismissed in accordance with Section 161.08(b)(3)A. shall be paid any wages due as soon as the amount is certified to the Director of Finance by his supervisor, together with any unused vacation earned previously.

   (c)    In Case of Lay-off. An employee who has been laid off through no fault of his own shall be paid any wages due as soon as the amount is certified to the Director of Finance by his supervisor, together with any unused vacation earned previously.

   (d)    In Case of Resignation. An employee resigning his position whose date of separation falls between regular established pay dates will be paid on the first regular pay day of his department following the date of his separation, together with any unused vacation earned previously. Under extreme circumstances, or if the employee is moving from the City permanently, immediately following his separation, he may appeal to the Mayor for earlier payment of his wages.

   (e)   Pension Refund. An employee upon becoming permanently separated from the City service who has made contributions to the Public Employees' Retirement System, or the Police and Firemen's Disability and Pension Fund of Ohio, may receive a refund of his or her contributions by making written application to the appropriate fund organization. Refunds will be made in accordance with Ohio R.C. 145.40 for Public Employment Retirement System and Sec. 741-49-I for Police and Firemen's Disability and Pension Fund of Ohio.

   (f)    In Case of Death. The estate or heirs of a deceased employee shall be paid any wages after the amount is certified to the Director of Finance by his supervisor, together with any unused vacation earned previously.

   (g)   Payment. Any employee having a final paycheck due whose date of separation falls between regularly established pay dates will be paid on the next regular pay day, either in person or by mail. Prior to receiving a final check all City keys, uniforms, tools and other City property are to be turned in.

      (Ord. 107-2004. Passed 12-9-04.)

161.07 PAYROLL DEDUCTIONS.

   (a)    Mandatory deductions shall be made from all employees’ income in accordance with Federal, State and Local tax regulations.

   (b)    Mandatory deductions shall be made from all employees’ incomes who are required to be members of the Public Employees’ Retirement System or the Police and Firemen’s Disability and Pension Fund of Ohio.

   (c)   Voluntary deductions for savings bonds, City authorized insurances, United Fund and any other similar deduction shall be made from the employee's income upon written request by the employee.

   (d)    Remittance of such deductions shall be made to the organization for which they were collected at such time as shall be mutually agreed upon by the individual organization concerned and the City.

   (e)   Mandatory deductions will also be made for any court ordered garnishment.

(Ord. 108-2004. Passed 12-9-04.)

161.08 DISCIPLINARY ACTION.

   (a)    General Policy. 

      (1)    Whenever work habits, attitude, production, infraction of regulations or personal conduct of any employee fall below a desirable standard, supervisors should point out the deficiencies at the time they are observed. Written warning, with sufficient time for improvement, should precede formal discipline whenever possible, but nothing herein contained shall prevent immediate action whenever the interests of the service require it.

      (2)    Supervisors at all levels, upon direction of the Mayor or Council shall conduct an inquiry into any incident, act, infraction of rules, etc., whenever it is necessary to maintain good discipline and shall also record all pertinent information.

      (3)    To insure that supervisors do not use these devices capriciously and for reasons other than for the good of the service, employees who are suspended, demoted, laid off, or dismissed shall be given written notice of the reason for the action and a copy thereof shall be forwarded to the Mayor for approval or disapproval and shall be made a part of the employee's personal history record. They shall also have the right to appeal to Council if they feel subject to unfair practices.

      (4)    Those employees in the classified service shall have all rights of hearing before the Civil Service Commission as are fixed by law and regulations of the Civil Service Commission.

   (b)    Penalties. 

      (1)    Suspension. Suspensions constitute a disciplinary action intermediate between a reprimand and an outright dismissal. Suspensions are of two types: disciplinary and non-disciplinary.

         A.    Disciplinary suspension. In the interest of good discipline a department head may for just and reasonable cause suspend an employee without pay for a period of not to exceed thirty working days for any one offense. An employee under suspension will not be permitted to exchange suspension time for vacation time or be entitled to sick leave during the period of suspension. Approval of the Mayor shall be required in all cases involving suspensions of employees for disciplinary causes.

         B.    Non-disciplinary suspension. During investigation, hearing or trial of an employee for any civil or criminal charge, when suspension would be in the best interest of the City, an employee may be suspended for the duration of the proceedings. The suspension shall terminate after completion of the case for which he was suspended by resignation or dismissal of the employee, by reinstatement with full recovery of any benefits lost during the period of suspension, or by other appropriate action based on the outcome of the charges. Approval of the Mayor shall be required in all cases involving suspensions of employees for non- disciplinary causes.

         C.    Those employees in the classified service shall, in the event of suspension, have all rights fixed by law.

      (2)    Demotions. Demotions consist of two kinds: disciplinary and voluntary. Demotions are a method of disciplining an employee for an offense that does not warrant outright dismissal. They are also used in order than an employee whose work has been satisfactory but who does not deserve outright dismissal maybe retained and given an opportunity to perform less difficult work. Demotions may also be on a voluntary basis when requested by an employee.

         A.    Disciplinary demotion. A department head may, with approval of the Mayor, demote an employee for disciplinary purposes when the actions of the employee do not justify dismissal, or where the work of an employee has not been satisfactory, he may demote the employee to less difficult work with an opportunity to make good. Salaries and wages of employees demoted will be reduced to those of the lower classification. No demotion shall be made as a disciplinary action unless the employee to be demoted is eligible and qualified for reemployment in a lower classification, and shall not be made if any regular employee in the lower classification would be laid off by reason of such action. Under such circumstances the demotion shall be automatically changed to a temporary lay-off until such time as a vacancy becomes available in a classification to which the employee was to have been demoted.

         B.    Voluntary demotion. An employee may request or accept voluntary demotion when assignment to less difficult or responsible work would be to his advantage and to the best interest of the service. Such demotion shall not be granted if it causes the lay-off or demotion of a regular, full-time employee. Voluntary demotion may also occur in the event of the elimination of a job in a higher classification, when the employee chooses to accept a job offered to him in the City with a lower classification.

      (3)    Terminations.

         A.    Dismissal. Dismissals are separations for dishonesty, drunkenness, recklessness on the job, inefficiency, habitual tardiness, misconduct, attitudes which constitute an unwholesome influence on other employees, unwillingness to perform adequate quality or quantity of work, failure to obey any reasonable order, the use of abusive language toward his superior, conviction of criminal acts, fraudulently obtaining sick or injury leave, or any other action or conduct that materially affects or impairs the efficiency of the City's service or brings the City into public disrepute.

   A department head may, with approval of the Mayor, dismiss any employee in his department at any time for any of the above causes. However, no dismissal shall be made for political, religious or personal reasons. A department head requesting approval of the Mayor for dismissal of an employee shall at the time of making such request make a detailed report in writing containing all the pertinent facts in connection with the cause for the requested dismissal. The Mayor, before approving the request, will make or cause to be made such investigation as he deems necessary to verify the facts.
(Ord. 14-1977. Passed 5-12-77.)

         B.    Lay-Offs. A Department Head with permission of the Mayor may lay-off an employee when it becomes necessary to reduce the number of employees because of a lack of work, shortage of funds or materials, and/or the completion of a project. Lay-offs shall not be considered to be a disciplinary action.

            1.   Order of lay-off. In determining the order of a lay-off, the following factors shall be taken into consideration: efficiency of the employee as demonstrated on the job; needs of service; nature of work to be curtailed; length of service. Unless it is determined that two or more employees in the department in which a layoff is to be made possess substantial differences in their respective qualifications to perform the work to be done, the order of lay-off shall be in the reverse order of the date when the employees first entered service with the City of Macedonia.

            2.   Job transfers. In addition to such factors, in determining lay-off order, the advisability of demoting employees in higher to lower classification for which they are qualified and laying off those in the lower classification may also be considered and paid according to classification in the salary ordinance.

            3.   Probationary employees first. No regular, full-time employee shall be laid-off from any position while a probationary employee is still employed in the same department.

            4.   Notice of lay-off. A Department Head shall give written notice to the employee or employees of any proposed lay- off with reasonable time given before the effective date of layoff whenever feasible.

            5.   Re-employment/recall. Regular, full-time employees laid- off shall be placed on a re-employment list for a period of one year, and shall be returned to work in the reverse order of their lay-off, provided that the employee is qualified and has the necessary skill for the position to be filled. An employee who has been laid-off shall keep the Department Head notified of his/her address. Failure to do so will cause the employee’s name to be removed from the recall list.

         C.   Resignation. An employee resigning his position shall, whenever possible, give two weeks advance notice to the City to allow for proper provisions for the filling of his/her position. All resignations must be in writing and shall include that date the employee plans to leave together with the reasons. An employee whose date of separation falls between regular established pay dates will be paid on the first regular pay day of his department following the date of his separation. Under extreme circumstances, or if the employee is leaving the City permanently, immediately following separation, he/she may appeal to the Department Head for an earlier payment of his wages.
(Ord. 109-2004. Passed 12-9-04.)

161.09 GRIEVANCE PROCEDURE.

   The following grievance procedure shall be available to all employees in the City service who believe that they have been discriminated against or feel that they have been unfairly treated. All questions or grievances arising out of the hiring, removal, suspension, demotion or disciplining of any employee and all questions or grievances or differences arising out of the application or the interpretation of the personnel rules and regulations or involving any conditions, classifications, sick leave, vacation leave or injury leave shall be handled as follows:

   (a)   Such questions or grievances shall be settled in conference, if possible, by the supervisory personnel of the City on the job and the employee or his authorized representative. Such employee may be present and confer with the supervisory personnel on his case.

   (b)   All questions or grievances not satisfactorily settled on the job by the procedure set forth in subsection (a) hereof may be taken by the employee or his authorized representative for a hearing before the Mayor. If satisfactory settlement of the issue is obtained in this manner, a memorandum setting forth the decision shall be issued by the Mayor and copies sent to the department head, the employee involved, and to his authorized representative.

   (c)   In the event that no satisfactory decision is arrived at, an appeal may be made to Council. Employees in the classified civil service shall be subject to certain appeals procedures specified by applicable civil service laws and regulations. All employees covered by collective bargaining agreements shall be subject to their respective grievance provisions. In the case of civil service employees and contract employees, there shall be no appeal to Council.

      (Ord. 110-2004. Passed 12-9-04.)

161.10 SICK LEAVE.

   (a)   Sick Leave Accumulation. Sick leave with pay shall accrue at the rate of one and one quarter working days of leave for each full calendar month of the employee's service. Accrued but unused sick leave credits will be accrued forth each year and such accumulation shall be unlimited.

   (b)   Sick Leave Credits When Off Duty. Employees absent from work on regular holidays, vacation, disability arising from injuries sustained during the course of their employment, or special leave of absence with pay, such as FMLA when being paid shall continue to accumulate sick leave at the regular prescribed rate during such absence.

   (c)   Qualifications for Sick Leave. An employee eligible for sick leave with pay shall be granted such leave for the following reasons:

      (1)   Personal illness. Sickness or physical incapacity resulting from causes beyond the employee's control.

      (2)   Quarantine leave. Enforced quarantine of the employee in accordance with community health regulations.
(Ord. 29-1991. Passed 2-28-91.)

      (3)   Family sick leave. The illness, injury or pregnancy related conditions of a member of the employee's immediate family where the employee's presence is reasonably necessary for the health and welfare of the employee's family member.
(Ord. 53-1998. Passed 6-25-98.)

      (4)   For the purpose of sick leave an employee's family is defined as an employee's spouse, parents, children, spouse's children, step-children, grandparents, siblings, grandchildren, mother-in-law, father-in-law or a legal guardian or the other person who stands in place of a parent.

   (d)   Notification/Approval of Sick Leave.

      (1)   Notice required. An employee not reporting for work on account of any of the reasons stated above shall inform his superior of the fact and reason thereof as soon as possible and prior to the time the work period begins.

      (2)   Application on special form. Before any payment is made pursuant to the provisions of this section, the employee shall submit to his/her immediate Supervisor written application thereof on forms to be furnished by the City.

      (3)   Doctor’s certificate may be required. Sick leave pay or disability leave in excess of three working days shall be granted only after presentation of a written statement from a physician (City provided form), certifying that the employee’s condition prevented him from performing the duties of his position. If the illness or physical incapacity continues more than seven days, weekly reports must be made by the physician. If the illness or incapacity is of sufficient duration, the City may require, as a condition for reemployment, a physician’s statement certifying that the employee is physically able to return to work.

   (e)   When Earned Sick Leave is Exhausted. Whenever absence chargeable to sick leave exceeds the amount earned and authorized, the pay of an employee shall be discontinued until he returns to work. However, an employee with vacation credit may, upon written request, use all or part of his vacation credit as sick leave with pay.

   (f)   Illness or Injury While Off Duty. If an employee becomes ill or injured while on vacation or holiday, he may, by written request and by complying with and qualify under the provisions of this section, have his vacation status changed to sick leave for the duration of such illness or injury providing he does not exceed his sick leave credit.

   (g)   Reemployment Credit. An employee who is laid off from his position for reasons which do not discredit him and, if reappointed, may have available any unused sick leave existing at the time of his lay-off, as allowable by law.

   (h)   Retirement/Termination of Employment.  

      (1)   Retirement/death. An employee, at the time of retirement or disability retirement from active service with the Municipality, or at his/her death, shall be paid in cash, forty percent (40%) of the value of his accrued but unused sick leave credit to a limit of a maximum of forty-eight days (384 hours). Such payment shall be based on the employee’s rate of payment at the time of retirement or death, and shall be made only once to an employee or his/her heirs.

         As used in this section, “retirement” is defined as “disability or service retirement under any State or municipal retirement system in this State”.

      (2)   Service retirement. An employee, other than Safety Force Command Staff, who has a combined service credit of ten years or more with any state, county or local subdivision and is anticipating early “retirement”, will be entitled to cash out forty percent (40%) of their accrued but unused sick leave, to a limit of a maximum of forty-eight (48) days (384 hours), only for sick leave accumulated while employed by the City of Macedonia. Safety Force Command Staff shall be entitled to cash out of the percentage of their accrued but unused sick leave, up to the maximum hours, as set forth in any collective bargaining agreement entered into with a bargaining unit within their respective department. An employee shall receive payment under this section with the understanding that his/her records will indicate such and that, in the event of reemployment with another public entity, there will be no accrued sick leave for purposes of transfer to the other agency.

         As used in this section and subsections (j) and (l) below, “Safety Force Command Staff” is defined to include the Police Chief and Fire Chief as well as the Police Lieutenant and Assistant Fire Chief so long as those positions remain outside of any collective bargaining unit.

      (3)   Termination other than retirement. An employee, with less than ten years of active service with the City of Macedonia will be entitled to be paid twenty-five percent (25%) of their accrued unused sick leave, to a limit of a maximum of thirty days (240 hours) only for sick leave accumulated while employed by the City of Macedonia. An employee shall receive payment under this section with the understanding that his/her records will indicate such and that, in the event of reemployment with another public entity, there will be no accrued sick leave for purposes of transfer to the other agency.

   (i)   Abuse of Sick Leave; Unexcused Absence. Any abuse of sick leave shall be just and sufficient cause for disciplinary action which may include suspension and or dismissal.

      (1)   Through sick leave, the City accommodates employees who, due to personal or immediate family illness, cannot report to work. However, sick leave is not to be used as additional vacation or personal leave. Employees found abusing sick leave privileges will be subject to disciplinary action as outlined in this section.

      (2)   To control absence, it is necessary that all Department Heads compile accurate attendance records. All absences are to be reported by the employee prior to the start of the employee’s work shift. If an employee does not notify the employer through their supervisor of an absence, they will be considered AWOL. The supervisor must inform his/her employees where, when, and whom to call when reporting their absence. The date of absence and the reason for the absence must be accurately recorded on the employee’s attendance record. Attendance records should include such details as:

         A.   Reasons for absence.

         B.   Time of notification.

         C.   Name of person reporting an absence.

         D.   Copies of correspondence such as warnings, etc.

      (3)   Examples of patterns of abuse:

         A.   Absences occurring repetitively before or after weekends or holidays.

         B.   Absences occurring repetitively immediately before or after pay days.

         C.   Absences occurring repetitively when difficult jobs or assignments are scheduled.

         D.   Absenteeism causing individual work performance and/or operational needs to suffer.

         E.   Absences occurring repetitively during certain times of the month or year.

         F.   Absences amounting to 100 hours in a single year or absences amounting to more than 64 hours per year for two consecutive years for 40 hours a week employees, pro-rated for employees who work less.

      (4)   An employee’s accumulated sick leave balance will be a component in assessing a pattern of abuse.

      (5)   If employee’s Department Head has determined that an employee has established a pattern of abuse, he or she shall be notified in writing and required to bring in a doctor’s certificate for the next twelve (12) months for any days reporting off sick.

   (j)   Sick Leave Incentive. Any full-time employee who does not use any sick leave within a calendar quarter, shall receive four hours of compensatory time for that quarter, except that Safety Force Command Staff shall receive the number of hours of compensatory time for that quarter as set forth in any collective bargaining agreement entered into with the bargaining unit within their respective departments.

   (k)   Prior Service. An employee who transfers from one public agency to the City of Macedonia as a full-time employee shall be credited with the unused balance of his/her accumulated sick leave up to a maximum of 960 sick hours. The City of Macedonia shall require an employee to furnish written documentation.

   (l)   Sick Leave Carryover Options. With approval of the Mayor, a full-time or part-time employee who is credited with sick leave, may elect one of the following options with respect to sick leave credit of over 960 hours remaining at the end of the year:

      (1)   Carry forward the balance.

      (2)   Receive a cash benefit. Except for Safety Force Command Staff, the cash benefit shall equal .4 hour of the employee’s base rate of pay for every one hour of unused credit that is converted. The balance of unused sick leave shall not be below the 960 hour limit. The maximum number of hours which can be “cashed out” will not exceed 100 hours per year. Safety Force Command Staff shall be entitled to receive a cash benefit and maximum hours equal to that set forth in any collective bargaining agreement entered into with a bargaining unit within their respective departments.

      (3)   Carry forward a portion of the balance and receive a cash benefit for the remainder. The cash benefit shall be calculated in the same manner as specified in subsection (l)(2).

      (4)   The Mayor shall establish the procedures to allow employees to indicate the option that will be selected. Included within the procedures shall be the final date by which notification is to be made to the Mayor concerning the option selected. Failure to comply with the date will result in the automatic carry forward of unused balances.

      (5)   Cash benefits will be paid the same pay period that includes the last day of December.

      (6)   Balances carried forward are excluded from further cash benefits provided under this section.

      (7)   An employee who separates during the year shall not be eligible for cash benefits provided under this section.
(Ord. 111-2004. Passed 12-9-04; Ord. 35-2021. Passed 6-10-21.).)

161.11 WORK RELATED INJURY LEAVE.

   (a)   Workers’ Compensation. The City is covered by the Workers’ Compensation Laws of the State, by paying premiums into a State Fund administered by the Workers’ Compensation Bureau. The amount of the City’s Policy is set each year and is based upon the amount of accident compensation and salaries and wages received by City employees from the Fund. Employee medical bills are paid by the fund if they are the result of a work related injury. Also, certain other compensation is provided to an injured employee when the employee is unable to work because of a work related injury.

   (b)   Procedure in Reporting Injury.

      (1)   immediate notification. All employees injured on the job, however slightly, must report the fact immediately to the immediate supervisor or other responsible department official who will in turn notify the Department Head and Finance Department. Failure to do this delays proper medical care and may result in unfavorable action upon a claim for compensation.

      (2)   Medical attention. If an employee is injured to such an extent as to require medical attention or hospitalization, he shall immediately be taken to the nearest qualified facility.

      (3)   Workers’ Compensation report. The injured employee’s Department Head shall obtain the necessary information regarding the accident and shall notify the Director of Finance immediately and make certain that the proper written reports are made to the Ohio Workers’ Compensation Bureau.

   (c)   Return to Work Program. The City retains the right to provide injured employees with accommodating or light duty work in place of paid leave, when other work is available and the employee is released by the medical provider for such alternate work.

(Ord. 12-2003. Passed 3-13-03.)