Village of Farmingdale, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Farmingdale 10-20-1975 by L.L. No. 4-1975[1] (Ch. 14, §§ 14-1 through 14-10, of the 1975 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Defense and identification — See Ch. 22.
Code of ethics — See Ch. 28.
Residency requirements — See Ch. 157.
Salaries and compensation — See Ch. 164.
[1]
Editor's Note: This local law supersedes former Ch. 14, Personnel Policies, adopted 6-1-1963, amended 10-2-1972.

§ 135-1 Applicability.

A. 
The provisions of these rules and regulations shall apply to the following officers and employees of the Incorporated Village of Farmingdale whether they have a classified or unclassified status under the Civil Service Law of the State of New York, but shall not apply to those employees who are seasonal or part-time employees employed at hourly rates:
(1) 
Village officers: Clerk-Treasurer of the Village, Deputy Clerk of the Village, Superintendent of Public Works, Deputy Superintendent of Public Works, Clerk of the Village Justice Court and Superintendent of Buildings.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Village employees: employees employed at the office of the Village Clerk-Treasurer; employees of the Highway Department and Water Department; and firehouse dispatchers.
B. 
Whenever reference is hereafter made to "Village employees," such reference shall be deemed to apply to those officers and employees to whom these rules and regulations are applicable as hereinabove set forth.

§ 135-2 Holidays.

A. 
Employees shall be entitled to 11 paid holidays. Holidays will conform to the federal holiday schedule when applicable.[1]
*
July Fourth
*
Labor Day
Columbus Day
Veterans Day
*
Election Day
*
Thanksgiving Day
*
Christmas Day
*
New Year's Day
Martin Luther King, Jr. Day
Lincoln's Birthday
Washington's Birthday
Memorial Day
* NOTE: Not controlled by federal holiday schedule.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
No deductions shall be made from salaries payable to such employees by reason of such holidays.
C. 
In the event that any of the foregoing holidays shall fall upon a Saturday, compensatory time off shall be provided upon such working day as shall be designated by the head of the department in which such employee is employed, provided that such compensatory day shall be not later than 30 days following the holiday.
D. 
The Mayor is authorized at his sole discretion to grant all Village employees a half-day off on the days preceding Thanksgiving Day, Christmas Day and New Year's Day, subject to the demands of the workload at that time.[2]
[2]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 135-3 Vacations.

A. 
Employees shall be entitled to paid vacations according to their continuous length of employment, as hereinafter set forth.
(1) 
Employees shall be entitled to paid vacation time in accordance with the following schedule, and all periods of service set forth in relation to the most current probationary period for full-time employment and acceptance by the Board of Trustees and Civil Service Commission shall be computed from the hiring date.
(a) 
Each employee who shall have completed six months of service shall be entitled to five days of paid vacation.
(b) 
Each employee who shall have completed one year of service shall be entitled to 11 days of paid vacation, less such vacation time as may have been taken under Subsection A(1)(a) hereof.
(c) 
One vacation day per year will be added to the vacation time hereinabove specified in Subsection A(1)(b) after the first year of service.
(d) 
Each employee having completed 10 years or more of service shall be entitled to a maximum of 20 days of paid vacation time.
(2) 
The employee's supervisor shall be notified in advance, in writing, of the request for vacation time, not later than April 1 of each year, but in no event less than 60 days in advance of said vacation.
(3) 
The scheduling of vacations, including the continuity thereof, shall be within the sole discretion of the department head and is subject to approval by the Board of Trustees.
(4) 
In the event that the vacation requests are not submitted as above stated, then seniority will not be considered in vacation schedules. It is understood, however, that paramount consideration shall be given to any work requirements if necessary for Village services.
(5) 
Upon termination of service for any reason, other than discharge for cause, or upon the death in service of any employee covered hereby, such employee or his or her legal representative shall be entitled to cash payment of the monetary value of his or her unused vacation during the preceding year. Such cash payment shall be upon certification by the department head to the Payroll Department of the amount due.
B. 
The vacation time herein permitted may not be accumulated and used in consecutive years.

§ 135-4 Sick leave.

[Amended 5-23-1977 by L.L. No. 4-1977; 9-12-1977 by L.L. No. 6-1977[1]]
A. 
Each employee shall be entitled to a credit of 10 days for sick leave during any year commencing June 1, hereinafter referred to, for the purpose of this chapter, as the "fiscal year."
(1) 
If any employee uses none or only a portion of his or her yearly sick leave during the fiscal year, the balance of his or her sick leave shall be credited to him or her until a maximum of 120 days is so credited.
(2) 
If any employee takes more than 10 days' sick leave during any fiscal year, he or she shall not be compensated for those days in excess of 10 days unless he or she has accumulated credit pursuant to Subsection A(1), in which event any additional days shall be charged against such credit until the same is completely used.
B. 
Sick leave shall be granted only when an employee is required to be absent from his employment by reason of illness. If an employee shall have used three consecutive days of sick leave, a certificate from a licensed physician attending the employee shall be submitted to the department head attesting to his or her illness. Frequent absences of less than three days, at the direction of the Board, shall require a physician's certification as to illness.
C. 
The Village reserves the right to verify the disability of an employee by requiring the certification of a physician of its choice, in which event the employee shall submit to such examination which shall be at the expense of the Village.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 135-5 Accumulated sick leave.

[Amended 9-12-1977 by L.L. No. 6-1977]
Upon termination of service for any reason other than discharge for cause, or upon the death in service of any officer or employee, such officer or employee and his or her legal representative shall be entitled to be paid for accumulated sick time based upon the then wage or salary of the officer or employee; provided, however, that notwithstanding the provisions of § 135-4A(1), payment hereunder shall not be made for a period exceeding 90 days of accumulated sick leave.

§ 135-6 Personal leave.

A. 
Each employee covered hereby is entitled to but shall not exceed three personal days per fiscal year, June 1 through May 31 of the succeeding year, and shall not be subject to a carryover in any subsequent fiscal year. Such personal days are to be used for his or her personal business.
[Amended 9-27-1976 by L.L. No. 10-1976]
B. 
Personal leaves may be taken only with prior approval of the department head after the submission of a request for same, in writing, and the approval thereof. Personal days are not intended for the day prior or the day after any holiday for which the employee is afforded time off, or the day before or day after a vacation.
C. 
In case of emergency, an employee shall notify the Village office at the earliest possible time.
D. 
Religious holidays will be approved for observance and shall be chargeable to personal leave.
E. 
Absence for reason of death in the immediate family shall not be charged against either sick leave or personal leave days, and for said reason an employee shall be entitled to three personal days. The immediate family shall be defined as follows: husband, wife, son, daughter, mother, father, brother, sister and any other immediate blood relative residing in the employee's household.

§ 135-7 Word usage.

The word "Board" shall be construed as if it read "Board of Trustees of the Incorporated Village of Farmingdale" wherever the sense of this indenture so requires.

§ 135-8 Authority to establish regulations.

The Board of Trustees of the Incorporated Village of Farmingdale may, from time to time, fix and establish such additional or supplementary rules and regulations as it may deem to be necessary to effect the vacation, sick leave and absence policies set forth in this chapter.

§ 135-9 Effective date.

The provisions of §§ 135-2 and 135-3 hereof shall be made applicable as of June 1, 1975. The rights of employees under § 135-4 shall be computed from the actual hiring date of Village employees who were Village employees on June 1, 1975, or who were thereafter employed.

§ 135-10 Guaranty of minimum pay and overtime rates for certain employees. [1]

Employees of the Highway and Water Departments who are called back to work by the Superintendent of Public Works or Foreman after they have completed their normal workday shall be guaranteed a minimum of four hours' pay and overtime rates. This guaranty shall not be operative when the employee is asked to stay on after his regular workday is completed, but the employee shall in that event be paid the overtime rate for the time actually worked.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).