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TOLEDO MUNICIPAL CODE
CERTIFICATION
ADOPTING ORDINANCE
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
CHARTER OF THE CITY OF TOLEDO, OHIO
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART TWELVE - DEVELOPMENT CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
PART SEVENTEEN - HEALTH CODE
PART NINETEEN - TAXATION CODE
PART TWENTY-ONE - PERSONNEL RELATIONS AND MUNICIPAL EMPLOYMENT
TITLE ONE
CHAPTER 2101 Administrative and Managerial Staff
CHAPTER 2105 Supervisory, Technical and Professional Employees’ Union Local 2058
CHAPTER 2106 Supervisory, Technical and Professional Employees’ Union Local 2058 - Communications Operator Supervisors
CHAPTER 2107 Toledo House of Correction Local 2058
CHAPTER 2109 Toledo Police Command Officers' Association
CHAPTER 2113 Toledo Fire Chiefs' Association
CHAPTER 2115 Toledo City Employees - AFSCME Local 7 (Communications Operators)
TITLE THREE
TITLE FIVE
TITLE SEVEN
TITLE NINE
TITLE ELEVEN
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2115.105 Vacation
   (a)   All regular employees of the City shall be entitled to annual vacation with pay in accordance with the following table:
Effective July 1, 1996, the below table shall be followed:
AMOUNT OF SERVICE DURING PREVIOUS YEAR THROUGH
DECEMBER 31
VACATION
AMOUNT OF SERVICE DURING PREVIOUS YEAR THROUGH
DECEMBER 31
VACATION
Less than 1 full calendar year of service
.916 days for each full month
After 1 full calendar year of service
2 weeks
After 7 full calendar years of service
3 weeks
After 14 full calendar years of service
4 weeks
After 21 full calendar years of service
5 weeks
After 25 full calendar years of service
6 weeks
   (b)   In addition to the above, after one (1) full calendar year of service the employee shall be entitled to one (1) full additional discretionary vacation day.
   (c)   An employee should take vacation in the calendar year following the year in which it was earned. In the event an employee is not allowed to schedule their vacation in the year in which it should have been taken, they may request that such unused vacation be carried over to the following year. Such request must be submitted to the Department of Human Resources prior to December 1 of each year. All such carry over must be taken no later than April 30 of the following year.
   (d)   Employees shall be allowed to schedule and take vacation as provided herein in accordance with existing Departmental procedures as stated in Divisional Agreements, with the stipulation that vacation cannot be used in blocks of less than four (4) hours at a time.
   (e)   Employees shall not be allowed to be paid in cash in lieu of receiving vacation unless the City for some valid reason has not allowed the employee to take the vacation time to which they are entitled by April 30 of the year following the calendar year in which it should have been taken. In that event, the employee shall be paid for such unused vacation days.
   (f)   An employee may request the advance of five (5) days pay at the time of their vacation. The request must be made to the payroll clerk of the Division at least fourteen (14) calendar days prior to the payday on which the check is to be received. This may be done once each calendar year and is contingent upon the employee having worked in the period in an amount sufficient to be entitled to the advance pay requested.
   (g)   In determining eligibility for vacation, only continuous years of service shall be counted, except where an employee has served nine (9) full calendar years with the City and has terminated and then returns to the City, such an employee shall be entitled to count the prior service for determining eligibility for vacation.
   (h)   A book showing any and all scheduled or approved time off for the entire calendar year shall be available to employees on day shift Monday through Friday.
2115.106 Paid Holidays
   (a)   All regular City employees who have completed one hundred sixty (160) work hours of their probationary period in accordance with Section 2115.36, “Probationary” shall be entitled to fifteen (15) paid holidays as set forth below. To be entitled to receive pay for the holidays the employee shall have worked or be on a compensated day off on the work day before and the work day after the holiday. An employee who misses work and is not on approved leave on the day before or the day after a holiday will forfeit two times the amount of time missed from his/her holiday pay to a maximum of eight (8) hours.
   (b)   New Year's Day; Martin Luther King Day (3rd Monday in January); Presidents Day (3rd Monday in February); Good Friday; Columbus Day; Memorial Day (last Monday in May); Fourth of July; Labor Day; Veterans Day (November 11); Thanksgiving Day; the Day after Thanksgiving; Christmas Eve (the last regular work day before Christmas Day); Christmas Day.
   (c)   In addition to the above listed holidays, the employees shall be entitled to two (2) discretionary holidays to be selected by the employee and scheduled with adequate notification to the appropriate supervision. Shift workers who lose the Day after Thanksgiving as a paid holiday in a given year shall receive an additional discretionary holiday. Employees shall schedule discretionary holidays in accordance with Section 2115.105 “Vacation” and in such a way as not to impair the operations of the work unit. The holidays shall be scheduled and the employee shall be permitted to take the holidays at some time during the calendar year.
   (d)   For all employees observing the regular Monday through Friday work schedule, in the event any of the above holidays fall on Saturday, the City shall celebrate the holidays on Friday, and in the event the holidays shall fall on a Sunday, the City shall celebrate the holiday on Monday.
   (e)   The six major holidays are New Years Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day.
2115.107 Funeral Pay
   (a)   A regular full time employee shall be granted three (3) days of funeral pay to arrange and/or attend the funeral of a member of the employee's immediate family. For the purpose of this section an employee's immediate family shall include father, mother, brother, sister, spouse, child, mother-in-law, father-in-law, daughter-in-law, son-in-law, stepmother, stepfather, grandmother, grandfather, grandchild and any other relative residing in the household of the employee.
   (b)   In the event of the death of the employee's father, mother, brother, sister, spouse or child, the employee, upon giving notice, shall have the right to take up to an additional three (3) days of sick pay. Such additional time shall be charged to the employee's accumulated sick days. But the sick time usage under this section shall no effect on “Bonus Days", Section 2115.100 “Reporting Proof of Illness” provision, and the accumulation threshold under Section 2115.94 "Accumulation of Sick Days". At the employee's option, the employee may choose to use vacation and/or compensatory time to the additional three days.
   In the event the third day of such period of mourning falls on Saturday, Sunday or a recognized holiday, then the employee shall be allowed the first scheduled work day thereafter. Should a death or burial in the immediate family occur in a city located more than one hundred and fifty (150) miles from Toledo, an additional two (2) days for travel shall be granted and paid.
   (c)   An employee may take one (1) or two (2) days to attend the funeral and reserve a day to attend to legal matters made necessary by the death, but such time provided herein shall be taken within one (1) week after the date of burial. This benefit shall also be extended when the relative is a veteran being returned for burial.
   (d)   One (1) day of funeral pay shall be granted to attend the funeral of an employee's foster mother, foster father, aunt, uncle, first cousin, niece, nephew, sister-in-law, brother-in-law, if such funeral occurs on a regular work day and if such employee was scheduled to work that day.
   (e)   Where a special filial relationship exists between the employee and any relative for whom the employee would normally be granted the above one (1) day of funeral pay, three (3) days of funeral pay will be granted upon furnishing of an affidavit to the Department of Human Resources setting forth the facts as to the special relationship.
   (f)   Relationships within this policy which came into existence solely on account of marriage of an employee shall be considered dissolved on the same day said marriage is dissolved by law or death.
      The relationships of aunt, uncle, first cousin, niece or nephew shall not be considered to come into existence on account of the marriage of an employee.
      The wife or husband of an employee's spouse's sibling shall not be considered to be a sister-in-law or brother-in-law of the employee.
   (g)   An employee shall be granted funeral pay only after the employee furnishes evidence of the death of a person with whom the employee had a qualifying relationship.
2115.108 Jury Duty
   (a)   Any regular employee of the City who is required to serve on the jury of any court of record shall be paid the regular rate of pay during such period. In order for an employee to receive pay under this section, the employee must secure a certificate from the Clerk of Court in which they served evidencing the fact of their having been required to serve.
   (b)   Shift workers who serve on Jury Duty on regularly scheduled days off shall be granted compensatory time off, or overtime pay.
      (1)   When an employee receives notice for jury duty in any Court of Record of Lucas County, Ohio or in any adjoining county, the employee shall present such notice to their immediate supervisor. When notified by the court to report for jury duty on a date certain, a time report shall be completed and signed by the appropriate court official for each day during jury service setting forth the time of arrival and departure from the court. Such record shall be presented by the employee to their supervisor upon return to work.
      (2)   When an employee is in court for jury duty for less than four (4) hours, the employee shall report to work immediately for the balance of the eight (8) hours. This eight (8) hour "shift" will start with arrival time for jury service as documented in (1). There will be a minimum of eight (8) hours between the end of this "shift" and the next shift as described in Part (c).
   (c)   Employees shall receive no less than a minimum of eight (8) hours of time off prior and after any such jury appearance. These employees shall not be eligible for recall during these time periods.
2115.109 Unemployment Compensation
   The City shall continue to extend the provisions of the Ohio Unemployment Compensation Law to City Employees.
2115.110 Educational Reimbursement and Training Programs
   (a)   The City will reimburse tuition costs for courses taken at an educationally accredited college or university by permanent employees. Part-time employees shall receive reimbursement on a pro-rated basis based upon actual hours worked the preceding year. Such course work must be approved prior to enrolling by submitting documentation that the course is necessary toward a degree which is required for a position in the City's classified service or job-related technical courses to the Department of Human Resources.
   (b)   The City will also reimburse for technical courses, courses must either be directly related to the employee's current job or directly related to an obvious career path. The determination of job relatedness or career path relatedness shall be made by the Director of Human Resources. To be directly related to an obvious career path the course work must be within the same work series (e.g. labor, clerical) and within three (3) normal promotional steps, technical courses will be reimbursed at a grade "C" rate. Reimbursement shall be limited to four (4) courses per year.
   (c)   The City will reimburse eighty percent (80%) for a grade of “C”, ninety percent (90%) for a grade of “B” or one hundred percent (100%) for a grade of “A”. The City will reimburse the appropriate percentage of the cost of tuition and general fees only, for ten (10) credit hours per quarter or fifteen (15) credit hours per semester. Reimbursement shall be limited to tuition levels charged by the University of Toledo for academic coursework and by University of Toledo Community and Technical College for technical coursework. These costs will be reimbursed upon the documented presentation of a “C” or 2.0 grade or better.
   (d)   Any employee participating in the tuition reimbursement program who resigns or retires (non-disability) must repay the tuition reimbursement paid by the City for courses taken less than two (2) years prior to the date of termination. If necessary, this amount will be deducted from the employee's termination pay or his/her final check.
   (e)   Non-accredited schools will be included.
   (f)   If licensing or certification is a requirement of a classification held by an employee, the City shall pay the employee's licensing or certification expenses.
   (g)   The City shall provide training and/or educational programs for full-time permanent employees to enhance career development under a program established jointly by the parties.
   (h)   In the interest of having its employees keep pace with advanced technology, the City will endeavor to train those employees that may be affected as the result of a technological work change as the need arises. Training in these new areas shall be done by City personnel. However, when it is beyond the scope of City personnel, training may be conducted through outside services. These costs shall be borne by the City.
   (i)   The City shall continue to provide the opportunity for Local 7 members to prepare for the commercial drivers license (CDL) examination. This opportunity will be offered on a quarterly basis whenever a minimum of six (6) employees have signed up for the training. The training will be made available on Saturdays or other non-work hours without pay.
   All employees shall be permitted to enroll but preference shall be provided to those appointed to a classification that requires a C.D.L. who have been permitted to obtain the license during their probationary period. Employees who are promoted, transferred, voluntarily demoted or bumped through the layoff procedure into a classification that requires a C.D.L., shall be allowed the course of their probationary period to acquire their C.D.L. provided reasonable accommodation can be made on the job.
   All employees shall be permitted the use of city equipment to take the C.D.L. road test on City time if necessary.
2115.111 Part-time Employee's Seniority and Benefit Rights
   Seniority shall accrue to permanent part-time employees based upon the total hours of continuous service with the City, and shall be used for the purpose of determining layoff, bumping, and recall rights.
   Part-time employees will be eligible for transfer, promotion, layoff, bumping and recall rights the same as full-time employees based on their accrued seniority.
   The following benefits shall be made available to all permanent part-time employees, as of January 1, 1988, on a pro-rated basis based on actual hours worked the preceding year or years:
   Sick Days
   Holiday Pay
   Funeral Pay
   Jury Duty
   Vacation
   Severance Pay
   Pension Benefits
   Safety shoes and safety glasses shall be made available to all permanent part-time employees as of January 1, 1988, as provided in 2115.104, “Mentor/Uniform Maintenance Allowance”.
   Permanent part-time employees may request medical, prescrip tion, dental and life insurance benefits, but must pay a pro-rated share of their cost. The pro-rata share shall be computed every six (6) pay periods based upon their actual hours worked during those six (6) periods. The rate shall be that then in effect for the benefits specified.
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