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Ordinance 816 - Vacation and Sick Leave313 ;ORDINANCE. NO. 816= AN ORDINANCE TO PROVIDE FOR NINUAL VACATION BENEFITS AND SICK LEAVE FOR CITY E"1PLOYEESf SETTIN", EFFECTIVE DATE FOR COPiPUTATION OF SUCH BENEFITS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AS FOLLOWS: ' SECTION 1. Definitions. For the purpose of this act the following definitions s al app y: d. "City" means the City of Kalispell. b. "Employee" means any employee of the City who is not elected or who is appointed as an officer of the city. c. "Permanent employee" means an employee who regularly works for more than six (6) months in any twelve (12) month period. d. "Part-time employee" means an employee who normally works less than forty (40) hours a week. e. "Full-time employee" means an employee who normally works forty (40) hours a week.- f. "Temporary position" means a position created for a definite Period of time but not to exceed six. (6) months and the position is not renewable. g. "Seasonal position" means a position which, although temporary in nature, regularly occurs from season to season or from year to year. h'. "Vacation leave" means a leave of absence with pay for the purpose of rest, relaxation or personal business at the request of the employee and with the concurrence of the employer. i. "Sick leave" means a leave of absence with pay for a sickness suffered,by an employee or his immediate family. j. "Transfer" means a change of employment from one agency to another agency in the same jurisdiction without a break in service of more than five (5) working days. k. "Continuous employment" means working within the same jurisdiction without a break in service of morethan five (5) working days or without a continuous absence without pay of more than fifteen (15) working days. 1. "Break in service" means that period of time an employee takes to change employment from one agency to employment in another agency of the same jurisdiction. ;I:CTION 3. Annual Vacation Leave. .Each full-time employee of the City is enLiLlorl to dild shall earn annual vacation leave cre.lits from the first full nay period of employment. For calculatinq vacation leave credits two thousand eighty (21080) hours (52 weeks x 40 hours).shall equal one (1) vear. Proportionate vacation leave credits shall be earned and credited at the end of each pay period. However,.employees are not entitled to any vacation leave until they have been continuously employed by the city for a period of twelve (12) calendar months. Persons regularly employed nine (9) or more months each year, but whose continuous employment is interrupted by the seasonal nature of the position, shall earn vacation credits. In order'to qualify, such employees must immediately report back for work when operations resume in order to avoid a break in service. However, such persons must be employed twelve (12) qualifying months before they can use the vacation credits Vacation leava.credits shall be earned in accordance with the following schedules,. 314 Page 2 ORDINANCE 816 ao from one (1) full pay period through ten (10) years of emplovment at the rate of fifteen (15) working days for each year of service. b. after ten (10) years through fifteen (15) years of employment at the rate of eighteen (18) working days for each year of service. ce after fifteen (15) years through twenty (20) years of employment at the rate of twenty-one (21) working days for each year of service. d. after twenty (20) years of employment at the rate of twenty-four (24) working days for each year of service. Permanent part-time city employees are entitled.to prorated annual vacation benefits if they have regularly scheduled work assignments and normally work at least twenty (20) hours each week of the pay period and have worked the qualifying period. , SECTION 3. Service or Cash for unus-ems-placation Leave. An employee who terminates his employment with the c ty or reason not reflecting discredit on him- self, shall be entitled upon the date of such termination to cash compensation for unused vacation leave, assuming that the employee has worked the qualifying period set forth in section 2 above. How- ever, if a city employee transfers between agencies of the city there shall be no cash compensation paid for unused vacation leave. In such a transfer the receiving city department assumes the liability for the accrued vacation credits transferred with the employee. SECTION 4, Absence Because of Illnes Absence from employment by reason = against unused vacation leave credits SECTION 5. not [9 llness shall not be chargeable unless approved by the employee. Generallyl Cumulation of Credits, Each full-time employee is entit ed to and shall earn si.M eave credits from the first full pay period of employment. For calculating sick leave credits two thousand eighty (2,080) hours (52 weeks x 40 hours) shall equal one (1) year. Proportionate sick leave credits, shall be earned and credited at the end of each nay period. Sick leave credits shall be earned at the rate of twelve (12) working days for each year of service without restriction as to the number of working days he may accumulate. - Effective A city employee may not accrue sick leave credits during a continuous leave of absence without pay, which exceeds fifteen (15) calendar days. City employees are not entitled to be paid for sick leave until they have been continuously employed for ninety (90) days. Upon completion of the qualifying period, the employee is entitled to the sick leave credits he has earned. Permanent part-time city employees are entitled to prorated leave benefits if they have a regularly scheduled work assignment# and normally work at least twenty (20) hours each week of the pay period, and have worked the qualifying period. Full-time temporary and seasonal city employees are entitled to sick leave benefits provided they work the qualifying period. SECTION 6. Sick leave -Discharged,_ Suspended, etc., Emplovees. An ' employee who terminates his employment w t the city is entitled to a lump -sum payment equal to one-fourth (1/4) of the pay attributed to his accumulated sick leave. The nay attributed to his accumulated sick leave shall be computed on the basis of the employee's salary or wage at the time the sick leave credits were earned. Accrual of sick leave credits for calculating the lump -sum payment provided for 2 Page 3 ORDINANCE 816 315 in this section begins Julv 1. 1171. Howeverp no employee forfeits any sick leave rights or benefits he has accrued prior to July 1, 1971. However, inhere a city employee transfers between departments within the city he shall not be 4ntitled to a lump sum payment. In such a transfer the receiving'i"ci,iry department shall assume the liability for the accrued sick leave credits earned after July 1. 1971, and transferred with the civt employee. SECTION 7. Sick Leave - Re - enrol© ent. An employee of the cit3 who receives a ump-sum payment pursuant to this act and who is again employed by the city shall not be credited with any sick leave for which he has previously been compensated. SECTION 8. Abuse of Sick -Leave. Abuse of sick leave is cause for dismissal an or eiture of the lump -sum payments provided for in this act. SECTION 9. Jury Duty, Subpoenaed Gditness, Absence Excused. a. Jury Duty. Every city employeep who is under proper summons, shall be granted leave without pay to serve as a juror in a court or judicial proceedings without loss of cumulative benefits. b. Subpoenaed Witness A city employee subpoenaed to serve as a witness shall collect all fees and allowances payable as a result of the service and forward the fees to the city treasurer's office. Witness fees shall be applied against the amount due the employee from his employer. However# if a city employee elects to charge his witness time off against his annual leave he shall not be required to remit his witness fees to the city treasurer. In no instande is a city emplovee required to remit to the city treasurer any expense or mileage allowance paid him by the court. c. Absence Excused. The mayor may request a court to excuse'city employees from jury duty if they are needed for the proper operation of a unit of the city government. ' SECTION 10. Administration. Thp city clerk shall be responsible for the proper administration of the provisions of this act and he shall maintain the proper tabulations and records of leave earned taken, etc. All department heads shall cooperate fully with tie city clerk to insure the orderly and efficient operation of the provisions hereof and they shall report regularly and promptly all sick and/or vacatiop leave taken by employees in their respective departments. SECTION 11, Effective Date. Thp provisions of this act shall be effective as of July 11 1T73 and all benefits accruing hereunder shall be calculated retroactively to that date. All leave benefits theretofore accumulated by city employees are not effected by this act. SECTION 12. Repeal. Sections 2-11# 2-15# 2-16. and 2-17 (Ord. 787) of the Kalispe itv Code are hereby repealed and where such sections conflict with this ordinance after July 1p 1973 the provisions of this ordinance shall apply and govern. PASSED THE CITY COON T:ij CITY OF KALISPELLe ."SONTANAt AND. APPP.7� D IIY IiE t4AY0 IS 3th DAY OF August . 1973. /. rIdyor F�TTr city Cl rk 3 - I, George Beardslee, City Clerk of th City Kalispe ntana. do certify that on the 14th day of August iq 73 I po a copy of the foregoing ordinance in mY office. end the same re posted or period of five days, and tht foregoing is a true and correct cop of the ord na a as passed by the City Council. the Fl;j 0 Kallspel?, Mo,y�-ap3