(A) Application. The provisions of this vacation policy shall apply to all full-time employees and all full-time appointed officers of the city. These policies will not apply to elected officials, part-time employees, to any officer of the city who is not a full-time employee or to any employee who is covered under a separate collective bargaining agreement with the city.
(B) Definition.
(1) For bookkeeping purposes, employees will be credited a certain number of hours of vacation time each year multiplied by the number of days of vacation they have earned each year. Any reference to days or parts of days will mean hours as described in division (B)(2) of this section.
(2) Employees that work a normal eight hour shift during the work week will be credited with eight hours of vacation time multiplied by the number of days of vacation earned at their last service date.
(3) The workweek is from 12:01 a.m. Saturday to 12 midnight the following Friday night, seven days later.
(C) Determination of vacation time available. Vacation eligibility shall be determined by the employee's full-time hire date, which is defined as the employee's service date. The employee's service date shall be used for the purpose of calculating the amount of vacation time to which the employee is entitled each year. Vacation time will be earned as follows.
(1) On the first anniversary of the employee's service date, the employee shall be eligible for one week, consisting of five days vacation time.
(2) On the second anniversary of the employee's service date, the employee shall be eligible for two weeks, consisting of ten days vacation time.
(3) On the fifth anniversary of the employee's service date, the employee shall be eligible for three weeks, consisting of 15 days vacation time.
(4) On the tenth anniversary of the employee's service date, the employee shall be eligible for one additional day of vacation time, and on every anniversary thereafter of the employees service date, the employee shall be eligible for one additional day of vacation time, up to a maximum of 25 days of vacation time.
(D) Time of taking vacation.
(1) Employees shall schedule all vacation time and obtain the approval of their respective department head before any vacation is taken. All vacation time shall be used within 12 months after the service date on which it was earned unless the employee has prior written approval of the department head and the Commissioner of that particular department. With prior approval, the employee may carry over up to 20% of their annual earned vacation time for an additional three months. All carry-over vacation time must be taken within 15 months of the service date at which it was earned or it will be considered forfeited.
(2) Approval is required as far in advance as practically as possible and not later than shown below except in extenuating circumstances.
(a) One day vacation — prior to the end of the previous workday.
(b) One full week — two weeks advance notice.
(c) Two full weeks or more — one-month advance notice.
(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.
(F) Payment upon termination or retirement.
(1) Upon termination or retirement from employment, the city shall pay to the employee all earned but unused and accrued vacation time. The calculation of accrued vacation time in the year of termination or retirement shall be made on a pro rata basis as follows:
(a) For retirement or termination during the first three months inclusive after the employees last anniversary date, the employee will be paid for 25% of the vacation time that will have been earned at the employees next service date.
(b) For retirement or termination during the second three months inclusive after the employees last anniversary date, the employee will be paid 50% of the vacation time that will have been earned at the employees next service date.
(c) For retirement or termination during the third three months inclusive after the employees last anniversary date, the employee will be paid 75% of the vacation time that will have been earned at the employee next service date.
(d) For retirement or termination during the last three months inclusive after the employees last anniversary date, the employee will be paid 100% of the vacation time that will have been earned at the employees next service date.
(2) The amount to be paid for the unused and accrued vacation time shall be determined by multiplying the employee's current hourly rate times the number of unused and accrued vacation hours.
(G) Restriction on days. Vacation time may not be taken in units of less than one-half day, which consist of four or six hours depending on the employees regular work schedule. No more than ten one day vacations, eight or 12 hours each depending on the employees regular work schedule may be taken in any fiscal year.
(H) Condition for vacation.
(1) This vacation policy is available only to full-time employees and full-time officers of the city. However, employees who are on disability leave shall remain eligible to earn vacation time as herein above provided. Employees who are on personal leave without pay shall not be eligible to earn vacation time during such period of absence.
(2) A pro-rata vacation time deduction shall be made for any period during which an employee is on personal leave without pay or suspended without pay according to § 35.25. For example, an employee who is on normal eight hour work schedule and is on personal leave or suspended without pay for five working days shall have deducted 1/52 of his or her otherwise earned vacation time for that particular year and such deduction shall not be less than one-half day or shift of vacation time as defined in divisions (B) and (G) of this section.
(3) An employee who is on a 12 hour schedule and is on a personal leave without pay, or suspended without pay for three working days shall have deducted 1/60 hours of vacation time for that particular year.
(Ord. 1254, passed 7-19-06; Am. Ord. 1358, passed 12-3-08; Am. Ord. 1410, passed 6-2-10; Am. Ord. 1456, passed 10-19-11; Am. Ord. 1465, passed 1-18-12)