§ 33.008 DEFINITIONS.

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ACTIVE PAY STATUS. When an employee is working, on authorized paid leave, paid holidays, or other time where pay is being credited to employee.

   ADA. Americans with Disabilities Act.

   ANNIVERSARY DATE. The original date an employee begins employment and the same date in following years. This is the date upon which entitlement to fringe benefits are based unless a specific benefit provides otherwise. The ANNIVERSARY DATE may be changed in accordance with these rules.

   BULLYING. Refers to repeated, unreasonable actions of individuals directed towards an employee or group of employees, which are intended to intimidate, degrade, humiliate, or undermine. It is deliberate, hurtful, and driven by a design to control.

   CALENDAR YEAR. For the purposes of recording leave, such as emergency, personal, military, and all other leaves that have a calendar year limitation (excluding FMLA), the dates used for reporting W-2 wages for employees shall be considered the CALENDAR YEAR.

   CLASSIFICATION PLANS. Council approved systems of assigning rates of pay to each position or job classification.

   CLASSIFICATION SENIORITY (also referred to as JOB or POSITION SENIORITY). The length of time an employee has been continuously employed in his or her current position classification. CLASSIFICATION SENIORITY will be lost or changed upon the loss of seniority as described under § 33.126, and/or the transfer, promotion, demotion, or reassignment to or from one job classification to another.

   COUNCIL. The Village Council (Legislative Authority) of the Village of Pemberville.

   COMPENSATORY TIME (also referred to as COMP TIME). Time off from work in lieu of pay.

   CONFIDENTIAL EMPLOYEE. An employee who assists a managerial employee in a confidential manner relating to labor relations and is exempt from coverage of the Public Employee Relations Act.

   DEMOTION. Permanent reassignment of an employee to a lower level job classification for disciplinary reasons, disciplinary demotions are covered under § 33.155.

   DEPARTMENTAL SENIORITY. The length of time an employee has been continuously employed in a department.

   DEPARTMENT SUPERINTENDENT. A superintendent who is assigned the overall responsibility for the operation of a recognized department or area of village operation.

   DISMISSAL or TERMINATION. Involuntary separation from village employment.

   DOL. Department of Labor.

   DOT. Department of Transportation.

   DRIVING POSITION. A position where the employee drives or may be required to drive a village vehicle in the performance of his or her duties.

   EMPLOYEE.

      (1)   Regular full-time employee is any employee who is non-probationary and assigned a regular schedule of a minimum of 40 hours a week.

      (2)   Part-time employee is any employee who is assigned a schedule of less than 40 hours per week.

      (3)   Permanent part-time employee is any employee who is assigned a permanent part-time regular schedule of less than 40 hours per week.

      (4)   A probationary employee is any employee who has not completed the initial probationary period.

      (5)   Temporary employee is any employee that is not classified as a regular full-time, part-time, or probationary employee, such as a seasonal or a part-time employee who does not work a regular schedule.

      (6)   Seasonal employee is a temporary employee who is employed for a specific period of the year only.

   EXEMPT EMPLOYEE. An employee exempt from the minimum wage and/or overtime under the Fair Labor Standards Act and paid a salary for all hours worked in a work week.

   FLSA. The Fair Labor Standards Act.

   FMLA. Family Medical Leave Act.

   FLEXIBLE SCHEDULING. A method of scheduling typically used for adjusting an hourly employees work hours (start and stop times) within an eight hour workday or 40 hour work week.

   IMMEDIATE FAMILY. Includes spouse, children, parent, brother, sister, in-law, any relative living in the same household, stepparent, stepchild, step brother or sister, grandmother, grandfather, and grandchild, legal guardian, provided such definition shall not apply to FMLA leave under §§ 33.260 through 33.270.

   JOB DESCRIPTION. A written description of some but not all of the duties and responsibilities of a job.

   MANAGERIAL/CONFIDENTIAL EMPLOYEE. An employee who performs jobs that are not routine and clerical in nature, and which require the exercise of independent judgment and is exempt from coverage of the Public Employee Relations Act.

   MAY. The word MAY shall be interpreted as permissive.

   MERIT PAY INCREASE. An increase in compensation established in the classification plan which may be granted to an employee based on merit.

   PAY GRADE. The salary range, which is assigned to particular classification title, expressed as a pay range number.

   PERFORMANCE EVALUATION (also referred to as “PE”). A written report of an employee’s job performance.

   PROBATIONARY PERIOD. The first 90 days of continuous employment with the village as an employee; provided where a formal training period, certification, or license is required for a job, the probationary period shall continue until certification or license is obtained. After successful completion of the probationary period, the employee will be classified as a regular employee.

   PROMOTION. Regular assignment of an employee to a higher-level job classification.

   RE-CLASSIFICATION. Movement of a job or job classification from one pay grade to another based on significant changes in the job duties, responsibilities, job market, and/or other work related factors.

   RE-EMPLOYMENT. The hiring of a person who formally worked for the village. Persons rehired shall be new employees for all purposes, unless the Superintendent recommends and the Village Personnel Committee, Council, or Board of Public Affairs approves otherwise in a particular case.

   REINSTATEMENT. An action returning a person to village employment.

   RESIGNATION. Act of voluntarily withdrawing from village employment.

   SECTION 7(K). Section 7(K) of the Fair Labor Standards Act allowing certain employees in the Fire and Police Departments to be paid overtime based on a schedule other than after 40 hours in a seven-day period.

   SHALL. The word SHALL will be interpreted as mandatory.

   STATUS DATE. The day an employee was hired, permanently transferred, promoted, or demoted to his or her current position. Also changing from part-time to full-time, from temporary to regular employment, or vice versa.

   SUPERINTENDENTS. Village employees who are responsible for specific areas of work and any supervision of specified projects within their expertise.

   TRANSFER. The reassignment of an employee from one position to another.

   VILLAGE. The Village Council or an employee authorized to act on behalf of the village with respect to a particular matter.

   VILLAGE “AT-WILL” EMPLOYEE. Employees who serve at the pleasure of the Mayor, and Village Council who may be removed from their position and/or disciplined up to and including termination by Village Council for any or no reasons subject only to applicable law.

   VILLAGE SENIORITY. The total time an employee has continuously worked for the village without loss of seniority under §§ 33.125 through 33.128.

   WORK DAY. The scheduled number of hours an employee is required to work per day.

   WORK WEEK OF WORK PERIOD. The number of hours regularly scheduled to be worked during any seven consecutive days or other work period allowed by the Fair Labor Standards Act and is authorized by the village.

(Ord. 1447, passed 10-20-2009; Ord. 1473, passed 12-7-2010; Revised 1-1-2019)