[HISTORY: Adopted by the Town Board of the
Town of Poughkeepsie as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-25-1991 by L.L. No. 5-1991]
All nonunion and nonelected employees and officers
of the Town of Poughkeepsie, upon retirement or death ("retirement"
being defined as receiving benefits under the New York State Retirement
System or receiving social security benefits at age 62 and thereafter),
shall be paid for unused sick leave days accumulated after the effective
date of this chapter up to a maximum of 100 days and 100% of the employee's
normal rate of pay.
If, upon the effective date of this chapter,
an employee has more than 100 accumulated sick leave days, the employee's
sick time accumulation will not be reduced below the accumulated amount
by reason of this chapter; provided, however, that such employee may
not accumulate additional sick leave days for payment upon retirement
or death above the amount standing to the employee's credit on the
effective date of this chapter.
In the event that an employee with more than
100 sick leave days falls below the one-hundred-day maximum, the employee
may not thereafter accumulate sick leave days for payment upon retirement
or death in excess of the one-hundred-day maximum.
Nothing in this chapter shall limit the number
of sick leave days an employee may accumulate for use as sick time
leave.
[Adopted 11-20-2002 by L.L. No. 15-2002]
The Town Board has heretofore determined that
it is a benefit to allow employees under various circumstances to
accrue unused sick leave, vacation leave and personal leave as well
as compensatory time. It has further been determined that said accruals
which must be earned in conformity with the appropriate state and/or
contracts and/or resolution of the Town Board are to be paid at the
time of the employee's separation or retirement from the Town of Poughkeepsie
consistent with the terms and conditions set forth in the aforesaid
resolution, local laws or collective bargaining agreements. It has
further been determined that this is a benefit that should be afforded
only to employees who are in good standing at the time of their separation
and should not be an automatic payment for simply being an employee
for a period of time.
As used in this article, the following terms
shall have the meanings indicated:
An employee who leaves employment with the Town of Poughkeepsie
either by death, resignation, retirement or simple separation from
service, and is not the subject of a disciplinary or a criminal investigation
which has, or within 90 days after his separation, resulted in a finding
of guilt or misconduct in connection with the performance of his duties.
It is the intention of the Town Board that if
an employee does not separate from the Town of Poughkeepsie in good
standing, as above-defined, or said employee is discharged for misconduct
or resigns in lieu of any disciplinary action or a notice of disciplinary
action, then in that event said employee shall forfeit all accrued
vacation time, accrued sick leave, accrued compensatory time, accrued
personal time; provided, however, that the Town Board, upon application,
and for good cause shown, may waive the application of this provision
in whole or part on a case-by-case basis.
