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(a) Vacation shall be taken at the time the department director or designee shall designate. In designating vacation time, the seniority and preferences of officers or employees shall be followed unless absence of the employee or officer will impede the operation of the department.
(b) Employees may schedule vacation prior to its anticipated accrual, but may not use vacation until after it has been accrued as specified in this subchapter.
(c) Vacation time shall not be scheduled or used in any manner for purposes of extending an employee's official date of separation from the city.
(1957 Rev. Ords., § 3.205; 1992 Code, § 30-139) (Ord. 2465, passed 12-12-1966; Ord. 129-81, passed 12-28-1981; Ord. 43-82, passed 4-19-1982; Ord. 3-83, passed 1-31-1983; Ord. 150-84, passed 12-24-1984; 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. 97-16, passed 8-9-2016)
(a) Regular full-time employees may accumulate vacation as set forth in § 39.180 without limitation, provided that as of December 31 of each calendar year the employee's maximum balance of unused vacation shall not exceed the following:
(1) For employees hired before January 1, 2012, the maximum balance of unused vacation shall not exceed 280 hours.
(2) For employees hired after December 31, 2011, the maximum balance of unused vacation shall not exceed 240 hours.
(3) For fire management employees hired before January 1, 2012, assigned to a shift schedule, the maximum balance of unused vacation shall not exceed 336 hours.
(4) For fire management employees hired after December 31, 2011, assigned to a shift schedule, the maximum balance of unused vacation shall not exceed 288 hours.
Any unused vacation hours remaining in an employee’s accumulated balance in excess of maximums identified above as of 12 midnight on December 31 of each year shall be forfeited, except as specifically set forth in this Code. The above forfeiture provision shall not apply for the calendar year ending December 31, 2020.
(b) In the event of discharge, resignation in good standing, or death, any vacation time the employee has accumulated and not used before the date of separation from his or her employment, up to the applicable maximum identified in division (a) above, shall be paid at the employee's regular base rate as of the date of separation to the employee or to the surviving spouse, or if no spouse survives to his or her estate. Under no circumstances shall payment be made for accumulated vacation in excess of the prescribed maximums identified in division (a).
(c) Except as specifically set forth in this section, no payment may be made in lieu of vacation.
(d) Midmanagement employees may be compensated for up to 40 hours of a scheduled and approved vacation if the vacation is cancelled after October 1 of a calendar year due to the needs of the city and the employee risks forfeiture of unused vacation. A copy of the employee’s time-off request form and a statement of the reason for cancellation of the vacation shall be filed with the director of human resources. Fire shift management employees may be compensated for up to 48 hours of scheduled vacation pursuant to this subsection.
(1957 Rev. Ords., §3.205; 1992 Code, §30-140) (Ord. 2465, passed 12-12-1966; Ord. 99-84, passed 6-25-1984; Ord. 87-91, passed 11-25-1991; Ord. 87-97, passed 12-2-1997; Ord. 131-98, passed 12-7-1998; Ord. 128-99, passed 12-13-1999; Ord. 96-11, passed 12-19-2011; Ord. 103-20, passed 12-1-2020)
SICK LEAVE
Sick leave shall be granted as a privilege and not a right, and the claim of the leave shall be subject to an investigation as the department head deems necessary. Abuse of sick leave privileges constitutes grounds for disciplinary action.
(1957 Rev. Ords., § 3.206; 1992 Code, § 30-147) (Ord. 2686, passed 6-15-1970; Ord. 87-91, passed 11-25-1991)
There is hereby established a sick leave schedule which shall apply to the mayor, appointive officers and employees, midmanagement, classified, and emergency services employees. It shall not apply to temporary or contractual employees or employees represented by a collective bargaining unit.
(a) Eligibility for sick leave shall begin at the time of appointment. Any officer or employee of the city covered by this section shall accrue sick leave at the rate of three and seven-tenths hours biweekly. However, subject to the recommendation of the director of human resources and approval of the mayor, newly hired appointive officers may be given a bank of 96.2 hours of sick leave. Upon the appointive officer’s one-year employment anniversary date, sick leave will accrue at the rate of three and seven-tenths hours biweekly.
(b) (1) The mayor, and any appointive officer and employees (except police chief and fire chief), general midmanagement and classified employee originally hired or elected prior to December 21, 1981, who does not take the full amount of sick leave granted in any one calendar year, may accumulate the unused amounts from year to year.
(2) The police chief, fire chief, sworn police department midmanagement employees and 40-hour fire midmanagement employees hired prior to December 31, 1983, who do not take the full amount of sick leave granted in any one calendar year, may accumulate the unused amounts from year to year.
(3) When the employee has accumulated a sick leave balance of 1,104 hours, the employee shall be paid for up to 48 hours of accumulated sick leave for that year and each year thereafter in which the minimum sick leave balance of 1,104 hours is maintained. To be eligible for the annual sick leave payout, the employee must be employed by the city for the entire calendar year in which the eligibility occurs. In the year in which an employee is eligible for and will receive payment for sick leave payout at retirement as provided in § 39.205, the employee will not be eligible for the annual sick leave payout as provided in this section. This payment of accumulated sick leave will be paid at the employee’s regular base hourly rate as of December 31 the same calendar year in which the payout was earned. This payout will be made to the employee by no later than the third paycheck paid in the year following the year the payout was earned. Each nonexempt employee covered by this section shall have deducted from his or her accumulated sick leave one hour for each hour of absence while on sick leave. Each elected and appointive officer and midmanagement employee covered by this division (b) shall have deducted from his or her accumulated sick leave eight hours for each full day of absence while on sick leave.
(c) (1) The mayor, and any appointive officer and employee (except police chief and fire chief), general midmanagement and classified employee originally hired after December 21, 1981, will not be eligible for an annualized sick leave payout, but may accrue sick leave without limitation.
(2) The police chief, fire chief, sworn police department midmanagement employees and 40-hour fire midmanagement employees originally hired after December 31, 1983, will not be eligible for annualized sick leave payout, but may accrue sick leave without limitation.
(3) Each classified and emergency services employee under this division (c) will have deducted one hour of sick leave from his or her sick leave accrual for every hour he or she is absent from work on sick leave. The mayor and each appointive officer and employee and midmanagement employee covered by this division (c) shall have deducted from his or her accumulated sick leave eight hours for each full day of absence while on sick leave.
(d) This section does not apply to fire shift midmanagement department employees.
(1957 Rev. Ords., § 3.206; 1992 Code, § 30-148) (Ord. 2586, passed 12-30-1968; Ord. 2722, passed 11-30-1970; Ord. 18-74, passed 5-6-1974; Ord. 123-81, passed 12-28-1981; Ord. 77-84, passed 4-30-1984; Ord. 97-85, passed 11-25-1985; 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. 30-02, passed 4-8-2002; Ord. 115-23, passed 12-5-2023)
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