197.18 VACATIONS
 
(a)   Entitlement Restrictions
Except as otherwise provided in Section 197.18(h), full-time regular employees are entitled to vacation with pay after one (1) year of continuous service in the most recent employment with the City and will be due only upon the completion of the first year of said employment, calculated from hire date. The amount of vacation leave to which an employee is entitled is based upon length of service and calculated and earned on a biweekly basis as follows:
   Full-time regular employees (except Assistant Chief of the fire/rescue department positions)
 
Years of Service
Annual Hours
Bi-Weekly Accrual Hours
0 year but less than 6 years
80 hours
3.077 hours/each normal pay
6 years but less than 12
120 hours
4.616 hours/each normal pay
12 years or more
160 hours
6.154 hours/each normal pay
   Full time Assistant Chiefs of the fire/rescue department positions:
 
0 years through 1
48 hours
1.85 hours/each normal pay
2 years through 8
120 hours
4.62 hours/each normal pay
9 years through 15
192 hours
7.385 hours/each normal pay
16 years or more
240 hours
9.231 hours/each normal pay
(b)   Effect of Time Spent on Authorized Leave of Absence
Time spent on any authori zed leave of absence, whether paid or unpaid, shall be counted in determining length of service for purposes of vacation eligibility.
(c)   Scheduling of Vacations
Vacations will be arranged to give consideration to the desire of the employee in accordance with a procedure established by the employee's department head which will not interfere with City operations.
(d)   Vacations to be Taken During Year After Earned
Except for the first year of service, accrued vacation leave may be taken by an employee at any time after accrual and entitlement, subject to the minimum increments established, so long as properly schedule in accordance with other provisions of this Code, policy manual or work rule.
An employee shall not allow his/her total vacation time to exceed his/her maximum accrual entitlement for any employment year (considered for the purpose of this Section as being from the employee’s anniversary date to the employee’s next anniversary date) without prior approval from the appointing authority, for the purpose of this Section, the twelve month span of time between employee’s anniversary date is an employment year.
This provisions is applicable to accrued vacation as a result of sick leave conversion which is authorized in Section 197.16(e)(12) of this Code. When carryover is requested by a department director, such approval may be by the council president, with notification to the body of council, or merely by the body of council.
(e)   Vacation Forfeiture
Employees shall forfeit their right to take or to be paid for any vacation leave to their credit which is in excess of any authorized balance; moreover, any vacation time accrued in the first year of service shall be forfeited if any employee fails to complete one (1) year of continuous service.
(f)   Accrual
Vacation leave is accrued only while on active pay status, excluding overtime and in accordance with Section 197.18(a).
(g)   Lump Sum Payment of Vacation
In the event an employee is denied the opportunity to schedule and take accrued vacation leave due to operational needs of the City, or in the event an employee fails to schedule and take accrued vacation leave due to the operational needs of the City, the appointing authority may authorize a year-end lump sum payment to the employee in an amount not to exceed the monetary value of the employee's annual vacation accrual as provided in Section 197.18(a). In the case of a department director, lump sum payment may be approved by the council president, with notification to the body of counci l, or merely by the body of council.
(h)   Prior Service Credit.
 
   A.   Except as otherwise provided for in separate legislation, and except as otherwise specifically excluded by a collective bargaining agreement under Ohio R.C. 4117, to determine prior service for the purpose of computing the amount of vacation leave for an employee first employed on or after July 5, 1987 by the City of Napoleon, the employee shall have only his or her prior service with the City of Napoleon counted. Those employees (not elected officials) who were employed by the City of Napoleon counted. Those employees (not elected officials) who were employed by the City of Napoleon prior to July 5, 1987 shall have all their public service with the State of Ohio or any of its political subdivisions credited pursuant to Ohio R.C. 9.44(A). An employee who has retired in accordance with the provisions of any retirement plan offered by the State of Ohio and who is employed by the State of Ohio or any political subdivision of said State on or after June 24, 1987, shall not have his or her prior service with the State of Ohio or any political subdivision of said State counted for the purpose of computing vacation leave.
   B.   Except as may be otherwise provided for by separate legislation, employees entitled to prior service credit for purpose of computing vacation leave shall have their anniversary date deferred to their most recent date of employment with the City of Napoleon for purposes of: (1) vacation use or, (2) any use or forfeiture policy regarding vacation.
   C.   Elected officials are not entitled to prior service credit for purpose calculating vacation benefit, if any. (Ord. 035-22. Passed 7-18-22.)