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During an unpaid military leave of absence, the seniority rights of an employee shall continue and accumulate in the same manner and to the same extent as if the leave of absence had not been granted and the employee had been continuously in the employ of the city. An employee on military leave of absence shall be entitled to all rights and benefits as are defined by applicable federal statutes. The employee shall not be entitled to payment of salary or wages by the city during the military leave of absence except as provided in § 39.159.
(1957 Rev. Ords., § 3.202; 1992 Code, § 30-128) (Ord. 87-91, passed 11-25-1991; Ord. 04-04, passed 1-12-2004)
(1957 Rev. Ords., § 3.204; 1992 Code, § 30-129) (Ord. 87-91, passed 11-25-1991)
(a) Department heads may approve a maximum of 14 consecutive calendar days for an unpaid leave of absence. Requests for unpaid leaves of absence for a duration longer than 14 consecutive calendar days shall require the approval of the mayor or his or her designee. No leave of absence, whether granted, extended, or continued shall exceed one year except as otherwise provided in this subchapter. Requests for unpaid leave will only be considered if the employee has used all available pay time including but not limited to vacation, personal leave and compensatory leave. Time off without pay, without requiring the employee to first use all available paid leave time, will be permitted only where specifically noted in this subchapter.
(b) Leave of absence without pay from duties shall in no case be granted to an employee who has been in the service of the city for less than 12 months, including time on probation, immediately preceding his or her time of leave, except in the case of absence on the grounds of sickness, disability, military leave or family/medical leave as set forth in this subchapter, or urgent necessity.
(1957 Rev. Ords., § 3.201; 1992 Code, § 30-130) (Ord. 87-91, passed 11-25-1991; Ord. 32-94, passed 4-11-1994; Ord. 37-95, passed 3-6-1995; Ord. 131-98, passed 12-7-1998; Ord. 28-00, passed 4-10-2000)
In time of national emergency an employee or officer of the city may be granted leave of absence in the discretion of the department head to permit him or her to engage in work for the United States which may reasonably and fairly be defined as aiding in the national defense of the United States. The leave of absence, if granted by the department head, shall be for a period of time as may be necessary to permit the employee or officer to complete the service for the United States government, together with any additional time, not exceeding 90 days, as may be reasonably necessary to enable the employee or officer to resume his or her duties with the city; but the leave of absence may only be granted upon written request of the government of the United States or any of its authorized agencies.
(1957 Rev. Ords., § 3.203; 1992 Code, § 30-131) (Ord. 87-91, passed 11-25-1991; Ord. 37-95, passed 3-6-1995)
The mayor, appointive officers and employees, midmanagement, classified, and emergency services employees not represented by a collective bargaining unit shall receive personal leave days as follows.
(a) An employee (excluding fire shift) who is on the payroll as of January 1, or hired between January 1 and June 30, shall be granted 16 hours of personal leave for that year.
(b) An employee (excluding fire shift) who is hired or takes office between July 1 and November 30 shall receive eight hours of personal leave for the year in which he or she was hired.
(c) The mayor and any appointed, general midmanagement and classified employee hired after December 21, 1981, and before January 1, 2001, may receive an additional eight hours of personal leave for the year. An employee who is to receive the additional eight hours of personal leave may select pay for the day. Payment shall be made on the first payday of December based on the employee’s base hourly or biweekly rate compensated for in that pay period. To receive the personal leave pay, the employee must indicate a preference to receive the pay uponnotification from human resources. If the employee does not indicate personal leave pay, the day will be a personal leave day off.
(d) The police chief, fire chief and any police midmanagement and 40-hour fire midmanagement employee hired after December 31, 1983, and before January 1, 2001, may receive an additional eight hours of personal leave for the year. An employee who is to receive the additional eight hours of personal leave may select pay for the day. Payment shall be made on the first payday of December based on the employee’s base hourly or biweekly rate compensated for in that pay period. To receive the personal leave pay, the employee must indicate a preference to receive the pay upon notification from human resources. If the employee does not indicate personal leave pay, the day will be a personal leave day off.
(e) (1) Fire shift midmanagement employees shall receive one personal leave shift day per calendar year. Fire shift midmanagement employees hired after December 31, 1983, and before January 1, 2001, are eligible for an additional 12 hours of bonus pay for the year.
(2) An employee who is eligible to receive the additional 12 hours of pay shall be paid on the first payday of December based on the employee’s biweekly rate of pay compensated for in that pay period.
(f) An employee who is hired or takes office on or after December 1 shall not be eligible for personal leave in the year in which he or she was hired.
(g) A regular part-time employee shall receive prorated personal leave based on the ratio of hours scheduled weekly to 40 hours. In the first year of part-time status, an employee’s personal leave will be prorated based on the number of paid hours in their regular work schedule.
(h) Upon discharge, resignation in good standing, retirement or death, personal leave not used shall not be compensated for in cash nor shall the dateof separation be extended through the use of unused personal leave.
(1992 Code, § 30-132) (Ord. 87-91, passed 11-25-1991; Ord. 32-94, passed 4-11-1994; Ord. 37-95, passed 3-6-1995; Ord. 87-97, passed 12-2-1997; Ord. 4-01, passed 1-8-2001; Ord. 115-23, passed 12-5-2023)
(a) The mayor and appointive officers and employees, midmanagement, classified, and emergency services employees not covered by a collective bargaining unit shall have eligible family and medical leave administered in a manner consistent with the requirements of the Family Medical Leave Act (FMLA), 29 U.S.C. § 2611 et seq. The city will utilize a “rolling” 12-month period measured backward from the date an employee uses any FMLA leave. If an employee has available paid leave benefits at the time FMLA leave is required, the FMLA leave will run concurrently with the use of those paid leave benefits until they are exhausted or until the available 12-week FMLA leave period ends, whichever comes first. If an employee’s available paid leave benefits are exhausted prior to the end of the 12-week FMLA period, the remainder of the period shall be granted as unpaid leave.
(b) Health and dental insurance benefits will be maintained for the employee/dependents during the FMLA leave period, provided that the employee continues to pay the employee portion of the premium for that insurance at least one month in advance of the coverage. If the employee chooses not to return to work from an unpaid FMLA leave for reasons other than a continued serious health condition or other circumstances beyond the employee’s control, the employee will be required to reimburse to the city the amount paid by the city for the employee’s health insurance premium during the leave.
(c) Employees returning from FMLA leave shall be returned to their previous or a similar position with the same rate of pay as they received prior to the commencement of the FMLA.
(d) Except as otherwise provided in this section, all FMLA leave will be administered according to the requirements of the Family and Medical Leave Act.
(1992 Code, § 30-133) (Ord. 87-91, passed 11-25-1991; Ord. 32-94, passed 4-11-1994; Ord. 37-95, passed 3-6-1995; Ord. 87-97, passed 12-2-1997; Ord. 131-98, passed 12-7-1998; Ord. 28-00, passed 4-10-2000; Ord. 4-01, passed 1-8-2001; Ord. 97-16, passed 8-9-2016; Ord. 115-23, passed 12-5-2023)
The city shall grant a leave of absence without loss of job status or seniority resulting therefrom, to any employee who is a member of the state legislature in order that the employee may perform any official duty as a member of the state legislature. This leave of absence may be taken without pay or the employee may use available paid time off benefits. Seniority and benefit accruals while on unpaid legislative leave of absence shall be as described in § 39.162.
(1992 Code, § 30-133.1) (Ord. 76-98, passed 8-3-1998)
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