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Overtime shall be distributed among the members within their classification as equally as is practicable. Non-emergency recall by the alarm office, is to be on a bargaining unit wide basis. The only criteria for non-emergency recall is listed hours of overtime and the availability of the individual.
If a member leaves work and manning falls below one hundred and three (103), a fire fighter of equal rank will be recalled to fill that position.
Bureau personnel have the responsibility of notifying the alarm office of their vacations if they wish to be available for recall.
A record will be kept of both hours worked and refused. Recruits shall be assigned an average number of overtime hours when they become eligible for overtime after one year.
Overtime hours will return to zero at the end of this agreement.
Employees who are credited with hours of work on any of the seven (7) major holidays shall be compensated twelve (12) hours at their regular straight time rate for having been credited with hours worked on those days. The seven (7) major holidays for which such additional compensation shall be paid are New Year Day, Martin Luther King Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, and Christmas Day.
An employee who has worked overtime shall be allowed to receive compensatory time off at the overtime rate in lieu of pay if he/she so elects. Upon reasonable request by the employee, days off, accumulated due to overtime, shall be granted. Whenever possible, the request shall be made at least two (2) tours prior to the requested days off unless an unforeseen emergency makes it impossible for the employee to give such notice.
Compensatory time off shall be granted to members of the fire fighting platoons whenever the forecasted manpower strength for the day and shift requested is at least two (2) members above the minimum manpower established for the entire City.
A Firefighter shall, if they so elect, be allowed to receive compensatory time off in lieu of pay provided they do not exceed the four hundred eighty (480) hour accumulation limitation set forth in the Fair Labor Standards Act, as amended. In the event the employee has not taken all compensatory time in excess of four hundred eighty (480) hours by April 30 of the year following the year in which the time was earned, then the member shall be paid for all such hours in excess of four hundred eighty (480) hours in the next regular paycheck.
(Ord. 463-03. Passed 5-27-03.)
For Employees Hired Before 1/1/91.
Regular employees of the City shall be credited with sick days in accordance with the following formula 1/1/88: One and one quarter (11/4) days shall be credited for each month of service, not to exceed fifteen (15) days per calendar year; such days shall continue to accumulate at such rate without any maximum limitation. An employee granted a Leave of Absence for thirty (30) calendar days or more shall not accumulate sick pay during the period the employee is on such leave.
Employees who terminate their employment with the City for any reason shall have their termination pay computed in the following manner.
(a) They shall be compensated for any earned vacation and bonus vacation including any vacation carried over from the previous year plus vacation earned the year in which the employee was terminated. The computation of the vacation earned in the year in which the employee terminated shall be in accordance with the following table:
Entitled to 2 weeks - .916 x the number of months worked
Entitled to 3 weeks - 1.333 x the number of months worked
Entitled to 4 weeks - 1.750 x the number of months worked
Entitled to 5 weeks - 2.166 x the number of months worked
Entitled to 6 weeks - 2.583 x the number of months worked
(b) In addition to the above, the employee shall be paid for any holidays worked for which they have not been compensated either in the form of pay or time off. If the employee was entitled to discretionary holidays and has not taken them and he/she terminates on or before June 30, they shall receive pay for one (1) discretionary holiday. If the employee terminates after June 30, they shall receive pay for two (2) discretionary holidays.
(c) An employee shall also be paid longevity computed on a prorated basis for those number of months worked that year.
(d) In addition to the amount set forth in (a), (b), and (c) above employees who retire or die while in the employment of the City or who separate in good standing from employment after twenty-five (25) years of service shall also receive severance pay for unused sick time accumulated to the time of termination at the rate of one-half (1/2) for all such accumulated sick time up to two hundred (200) days and full pay for accumulated sick time in excess of two hundred (200) days.
In the event the employee died as a direct result of injuries sustained in the course of their employment with the City or is totally and permanently disabled as a result of injury received while responding to or working at the scene of an emergency call or engaged in fighting a fire or returning from the scene of a fire or emergency, the employee shall receive payment for full accumulation of sick pay at the time of death or retirement.
For Employees Hired After 1/1/91
Employees hired on or before January 1, 1991 shall elect between maintaining their current sick leave accrual and severance pay plan and the sick leave conversion plan set forth in part (B) below. This election shall occur on a one-time basis only. Employees hired on or after the aforementioned day shall be covered exclusively by the sick leave conversion plan in part (B).
(A) Employees who elect to maintain their current sick leave accrual and severance pay plan shall be credited with sick days in accordance with the following formula: 1/1/88 one and one quarter (11/4) days shall be credited for each month of service, not to exceed fifteen (15) days per calendar year. Such days shall continue to accumulate at such rate without any maximum limitation. Provided the conditions of section 2125.92, Termination and Severance Pay, have been met, unused sick leave accumulated to the time of termination shall be paid at the rate of one-half (1/2) for all such accumulated sick time up to two hundred (200) days and full pay for accumulated sick time in excess of two hundred (200) days.
A Firefighter who dies as the direct result of injuries sustained in the course of employment with the City, or who is totally and permanently disabled as a result of injuries received during activities directly related to fire suppression or medical runs (on duty) shall receive payment for the full accumulation of sick pay at the time of death or retirement.
(B) (1) Firefighters hired on or before aforementioned day who elect the sick leave conversion plan set forth herein will bank accumulated sick leave through the above mentioned date. This banked sick leave accumulation will be used as the need for sick pay arises or may be converted to cash under the terms set forth in part (B) (3). Provided the conditions of Section 2125.92, Termination and Severance Pay, have been met, unused sickleave from that banked effective on the above date will be paid as follows at the Firefighter's regular rate as of the above mentioned date: one-half (1/2) for all banked sick time up to two hundred (200) days and full pay for accumulated sick time in excess of two hundred (200) days.
(2) On and after January 1, 1991 employees covered by this plan shall be credited with sick days in accordance with the following formula: seven (7) hours shall be credited for each month of service, not to exceed eighty-four (84) hours per calendar year. Such hours shall continue to accumulate at such rate without any maximum limitation.
(3) Sick leave hours not used by the end of the year can either be turned in for conversion for a percentage of salary as indicated below or carried over until retirement or separation. The maximum of sick hours allowed for year-end conversion will be forty (40); employees using no sick leave in the preceding year shall be entitled to a conversion to pay at seventy-five percent (75%). Employees using twenty-eight (28) hours or fewer of sick leave in the preceding calendar year shall be entitled to a conversion to pay at fifty percent (50%). Employees using more than twenty-eight (28) but fifty (50) or fewer hours shall be entitled to a conversion at thirty-three percent (33%). Employees with fewer than four hundred twenty (420) hours of accrued sick time or who have used more than fifty (50) hours in the preceding calendar year shall not be eligible for this conversion privilege. The employee's accrued sick leave shall be reduced by number of hours converted to cash.
(4) Provided the conditions of Section 2125.92, Termination and Severance Pay, have been met, remaining sick leave accrued after effective date of this Section 2125.68 will be paid as follows at the Firefighter's regular rate at the time of termination: thirty-three percent (33%) of salary for the first three hundred and twenty (320) hours and fifty percent (50%) of the remaining accrued sick time.
(5) A Firefighter who dies as the direct result of injuries sustained in the course of employment with the City, or who is totally and permanently disabled as a result of injuries received during activities directly related to fire suppression or medical runs (on duty) shall receive payment of the full accumulation of sick pay at the time of death or retirement.
(C) Sick time transferred from other political subdivisions of the State of Ohio will be accepted in full, but shall not be applicable toward the year-end conversion provided in part (B) (3). If transferred sick time is held to retirement or resignation, it may be counted together with sick time accrued after December 31, 1990 from the City of Toledo toward the remaining sick time and then would be paid under the 33%/50% formula above.
(D) Any employee granted a leave of absence without pay for thirty (30) calendar days or more shall not accumulate sick pay during the period the employee is on such leave.
(Ord. 463-03. Passed 5-27-03.)
Sick pay is pay to the employee for the necessary absence from duty on a regularly scheduled work day because of illness, injury, or exposure to contagious disease not in the course of his/her employment, or illness in the employee's immediate family that necessitates his/her absence from work or would result in serious hardship to his/her family. Attendance to the immediate family member at a hospital while undergoing serious medical attention shall be included under this provision.
Department of Fire & Rescue Operations employees on long term illness (off four (4) consecutive tours of duty) would be charged on a forty (40) hour work week basis for the entire term of the illness.
Sick pay shall be made for illness or injury incurred as a result of outside employment. Sick pay is not to be made to any employee as a result of any action within the control of the employee such as intentional self-inflicted wounds, use of drugs, or alcoholic beverages, while committing a felony or other criminal action.
For the purpose of this section, immediate family shall include only the employee's father, mother, sister, brother, spouse, child or domestic partner. "Domestic partner" is one who meets the criteria set forth in the parties' memorandum of understanding in that regard. A "domestic partner" relationship must have been pre-certified by the Department of Human Resources before sick pay usage may occur. The family illness provision shall be for a limited period of time (not to exceed three (3) days) to enable the employee to secure other arrangements for the care of the member of his/her immediate family.
(Ord. 463-03. Passed 5-27-03.)
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