[Adopted 4-26-1961, approved 4-27-1961]
A.
Except
as otherwise herein provided, this article shall apply only to full-time
and part-time City officers and employees, except elected officials,
members of boards and commissions, policemen, firemen, public library
personnel and school crossing guards.
B.
Except
as otherwise hereinafter provided, this article shall not apply to
temporary or seasonal help employed by any City agency, bureau, department
or board or the Board of Water Supply, or to City employees paid on
a per diem or hourly basis.
As used in this article, the following terms shall have the
meanings indicated:
Includes all Commissioners and directors appointed by the
Mayor, as well as the City Clerk and City Judge.
Refers to City officers and employees receiving a fixed annual
salary and whose normal workweek includes 40 hours per week and eight
hours per day, inclusive of one hour per day for lunch.
Refers:
To City officers and employees receiving a fixed annual salary
whose workweek is less than the normal workweek of 40 hours per week,
eight hours per day, inclusive of one hour per day for lunch.
To temporary City employees who are employed on a per diem basis
but who are continuously employed for at least six months in a calendar
year and whose normal workweek includes eight hours per day and 40
hours per week, inclusive of one hour per day for lunch.
Refers to authorized absence from duty of an employee because
of his own sickness or disability or injury not within the scope of
the Workmen's Compensation Law. Such illness or injury must be
sufficiently serious to interfere with the performance of his or her
duties or of such a nature that attendance to duty would have deleterious
effects on the employee's health or of such a nature that attendance
would have a deleterious effect on the health of other City employees.
Illness or injury incurred through excessive use of intoxicating beverages
is specifically excluded.
A.
For
the purpose of this article, the following, among others, shall be
deemed full-time City officers: Civil Defense Director, Acting City
Judge, Commissioner and Deputy Commissioner of Assessment and Taxation,
Commissioner and Deputy Commissioner of Buildings, City Clerk, Deputy
City Clerk, City Engineer, City Marshal and Deputy City Marshal, Corporation
Counsel and Assistant Corporation Counsels, First and Second- Deputy
Comptrollers, Court Clerk and Deputy Court Clerk, Director and Deputy
Director of the Veterans Service Agency, Health Commissioner, Public
Works Commissioner, Deputy Public Works Commissioner, Recreation and
Assistant Recreation Superintendent, Registrar and Deputy Registrar
of Vital Statistics, Sealer of Weights and Measures, physicians employed
by the Department of Public Works, Department of Public Safety and
Fire Department, Superintendent and Assistant Superintendent of the
Board of Water Supply, Director of Urban Renewal, Police Commissioner,
First Deputy Police Commissioner and Fire Commissioner.
[Amended 6-13-1984]
B.
For
the purpose of this article the following, among others, shall be
deemed part-time City officers: dentists, pediatricians and tuberculosis
physicians.
For the purpose of salary deductions the daily salary shall
be considered as the annual salary divided by the actual number of
working days in each year. Legal holidays shall be deemed working
days.
A.
Vacations
of all City officers and employees shall be determined by the number
of months or calendar years of continuous service with the City as
follows:
(1)
Vacations during first calendar year of continuous employment. Full-time
City officers and employees who have worked six or more continuous
months during their first calendar year of employment shall receive
one calendar week of vacation with full pay during such calendar year.
(2)
Vacations during second calendar year of continuous employment. Full-time
City officers and employees in their second continuous calendar year
of employment who have completed more than six months but less than
12 months of continuous service shall receive one calendar week of
vacation with full pay during their second continuous calendar year
of employment, and those who have completed 12 or more months of continuous
service shall receive an additional one week's vacation with
full pay during such second calendar year of employment.
(3)
Vacations during third and subsequent calendar year of continuous
employment. Full-time City officers and employees in their third or
subsequent calendar year of continuous employment who have completed
more than 12 but less than 24 months of continuous service shall receive
two weeks with full pay during their third continuous calendar year
of employment, and those who have completed more than 24 months of
continuous service shall receive an additional week's vacation
with full pay during their third continuous calendar year of employment
and in each subsequent year of continuous employment.
(4)
Vacations after 15 continuous years of City employment or membership
in State Retirement Fund. Full-time City officers and employees who
have completed 15 continuous years of service, computed from the date
of their appointment, or have held membership in the New York State
Retirement Fund for 15 continuous years and have completed two calendar
years of continuous employment with the City of Mount Vernon, shall
be entitled to an additional week's vacation each year with full
pay.
(5)
Part-time City officers and employees. Part-time City officers and
employees, as hereinbefore defined, with at least six months'
prior continuous service with the City as of the date their vacation
is to commence, shall receive not exceeding five working days of vacation
with full pay during any one year; those with 12 or more continuous
months of prior service as of the date their vacation is to commence
shall receive not exceeding 10 working days of vacation during any
one calendar year.
B.
All
employees shall be deemed to have commenced work on the first day
of the month in which they were appointed.
C.
Vacation
periods of City officers and employees directly appointed by the Mayor,
City Council or City Judge shall be approved by the Mayor, the President
of the City Council and City Judge, respectively.
D.
Nothing
hereinbefore contained shall be deemed to diminish or reduce the number
of weeks of vacation earned and unused by any City officer or employee
as of January 1, 1962.
A.
Vacations
shall be scheduled in periods of not less than one week, except upon
approval of the department and/or bureau head.
B.
Employees
who are entitled to four weeks' vacation in any one year shall
not take more than three weeks consecutively without the prior written
approval of the bureau and/or department head.
C.
Vacations
may, with the prior written approval of the department head, which
shall be filed with the Civil Service Commission, be accumulated up
to a maximum of four calendar weeks; however, not more than four weeks'
vacation may be taken in any one year unless authorized in writing
by the bureau and department head.
D.
The
choice of vacation period shall be given City officers and employees
with the longest periods of continuous service in the City employ,
without regard to their classification, provided that such choice
shall not, in the opinion of the bureau and department head, adversely
affect the operation of the department. Vacation preference schedule
shall be prepared and approved by the department head in the order
of employee's starting dates of last continuous employment.
If a legal holiday as herein designated is observed by the City
of Mount Vernon and such holiday occurs during an employee's
vacation period, such employee shall be entitled to an additional
day's vacation by reason of such holiday.
When computing prior continuous service of a City officer or
employee in order to ascertain the employee's vacation or sick
leave allowance, any period the employee is absent on leave with or
without pay shall be deducted from such computation but shall not
otherwise interrupt continuity.
A.
If
an employee intends to terminate his employment with the City for
reasons other than dismissal from service, he shall be granted vacation
with full pay equivalent to the vacation and overtime credits earned
and not taken at the time of terminating employment, provided that
sufficient advance notice of such termination is submitted to the
department head to enable such vacation, with full pay, to be scheduled
prior to the effective date of termination, and provided that at least
four weeks' notice is given to the department head prior to commencing
such vacation.
B.
In
the case of the death in office of a City officer or employee, including
members of the Police and Fire Departments, the Comptroller is authorized
and directed to pay to his next of kin or estate, in accordance with
law, the full amount of salary due such City officer or employee for
all of the vacation time to which he was entitled at the time of his
death. The voucher shall be approved by the department head and the
Civil Service Commission prior to the payment by the Comptroller.
C.
If
any City officer's or employee's services are terminated
by reason of the abolishment of his job or position or for any reason
other than dismissal from service and if there will be insufficient
time to enable him to take his earned vacation period following written
notice to him by his department head of the abolishing or termination
of his job or position, he shall be entitled to receive the full amount
of salary due him as of the date his services are terminated for vacation
time earned but not taken by him as of said termination date.
Vacations and sick leaves and overtime pay or allowances for
firemen, policemen and public library employees shall be granted as
provided in the rules of the Fire Department, Department of Public
Safety and the Library Trustees, respectively.
A.
Sick leave rests entirely upon grace and humanitarian consideration.
It is a privilege granted to take care of the more common period of
illness and to make some provisions for periods of prolonged illness
and disability.
B.
Accumulated sick leave credited to City employees as of December
31, 1960, shall remain in full force and effect.
C.
Commencing January 1, 1961, sick leave shall be earned by full-time
City officers and employees at the rate of 1 1/4 days per month.
In his sole discretion and upon a proper finding of illness or injury
necessitating medical care, a department head may permit up to 15
days of sick leave to be taken by any employee during a calendar year,
notwithstanding the fact that the employee has not earned such sick
leave at the time it is granted, provided that appropriate payroll
adjustments shall be made in the case of any such officer or employee
who fails or refuses to return to work after being granted such unearned
sick leave.
D.
Commencing January 1, 1961, sick leave shall be earned by part-time
City officers and employees at the rate of 1/2 day per month for every
month of continuous service.
E.
For the purpose of calculating sick leave, the time recorded on the
payroll records at the full rate of pay shall be considered as the
time the employee was continuously employed.
F.
The unit for computation of sick leave shall not be less than 1/2
day.
G.
Sick leave credits shall be based upon actual working days only.
Commencing January 1, 1961, the unused portion of the sick leave
allowance for the preceding year shall be accumulated as an allowance
for additional days of sick leave absence at full pay. All sick leave
accumulation shall be limited to 180 days.
In order that absence because of personal illness may be charged
to accumulated sick leave, such absence must be reported by the officer
or employee at or prior to the commencement of each working day of
such absence, and absence for illness on Saturday or Sunday shall
not be charged unless Saturday or Sunday is a designated working day
for the employee. If an employee is designated to work a half day
on Saturday or Sunday, then only a half day shall be charged for absence
on such day.
A.
An officer or employee who fails to report for duty due to personal
illness or injury may be required to submit a written report from
his physician which shall include a statement of the nature of the
illness and a statement as to whether or not the employee was sufficiently
ill to justify the absence. Failure on the part of the officer or
employee to furnish such statement or to submit to a medical examination,
as hereafter provided, within 48 hours after requested shall constitute
insubordination and misconduct and shall be cause for disciplinary
action.
B.
In the event of failure to submit proof of illness upon request,
or in the event that, upon such proof as is submitted by the department
physician or other City medical officer, the department head finds
that there is not satisfactory evidence of illness sufficient to justify
the employee's absence from the performance of his duties, such
absence shall be considered as unauthorized leave and the employee
shall not be paid for such absence and such absence shall not be charged
against accumulated sick leave credits. Abuse of sick leave privileges
shall be cause for disciplinary action.
[Amended 10-11-2000, approved 10-12-2000]
A City officer or employee who has contracted an illness or
has suffered an injury which would, in the normal course of events,
necessitate his or her being absent for an extended period of time
over and above his accumulated sick leave, vacation and overtime credits
may, with the approval of the City Council, be granted a leave of
absence, without pay, for a period not exceeding one year.
The department head may require an officer or employee who has
been absent because of personal illness, prior to and as a condition
of his return to duty, to be examined by a physician designated by
the department head, to establish whether he is physically or mentally
able to perform his normal duties and that his return to duty will
not jeopardize his health, safety or welfare or the health, safety
or welfare of other employees.
A.
Any City officer or employee who is necessarily absent from duty
because of occupational injury or disease sustained within the course
of his duties and within the scope of the Workmen's Compensation
Law may, pending adjudication of his case and while his disability
renders him unable to perform the duties of his position, be granted
leave with full pay for a period not to exceed six months, exclusive
of accumulated sick leave credits and other time credits, on written
approval of the department head, after satisfactory evidence has been
submitted that the injury or disease was service-incurred and after
full consideration of all of the facts involved. Vacation and sick
leave credits shall not be earned under these circumstances for periods
that an employee is on such discretionary leave with pay.
B.
The department head shall promptly notify the Civil Service Commission of any officers or employees who have been injured in the course of employment and are filing a compensation claim and the date on which payment of salary is to be stopped by the City, and shall file a claim for reimbursement with the Workmen's Compensation Board, pursuant to Workmen's Compensation Law, Article 2, § 24, Subsection 4, if wages or salary are paid to an officer or employee while on such leave. When the officer or employee has been awarded compensation for the period of his leave with pay, such compensation award for loss of time for such period shall be paid over to the City.
A.
The school crossing guards employed in the Police Department of Public
Safety on a per diem basis shall each be entitled to receive six days
of sick leave with pay in the event that he or she is unable to attend
to his or her duties because of sickness or disability during each
school year beginning in September and ending in June.
B.
Every school crossing guard shall give prompt notice of inability
to attend to his or her duties because of sickness or disability to
the Chief Inspector of Police, who shall request the Police Department
physician to make an investigation of absence and report on the alleged
sickness or disability and shall use said report as his basis for
allowing or disallowing sick leave pay.
If an officer or employee is absent due to illness or injury
and the employee has no sick leave credit but does have accrued vacation
or overtime credits, each day's absence may be deducted from
such credits at the employee's written option. In the absence
of written notification, such deduction shall be made as of course
from the accumulated vacation time and overtime balances and the officer
or employee shall receive full pay for each absence so deducted to
the extent of such accumulated but unused vacation and overtime credits.
Full-time City officers and employees may be granted an absence
with full pay of not more than five working days in any calendar year
on account of death or serious illness in such City officer's
or employee's immediate family, upon submission of satisfactory
evidence thereof. Such absence may be extended to a maximum of 10
full days, but the excess above five days shall be charged to unused
sick leave, vacation or overtime credits. The "immediate family" of
any City officer or employee shall include grandparents, brothers,
sisters, spouse, children or parents of the officer or employee or
of his or her spouse. One day's absence with full pay may be
granted to all City officers and employees in case of death or serious
illness to members of their family other than their immediate family.
[Amended 5-23-1979, approved 5-24-1979; 1-24-1990, approved 1-25-1990; 6-27-1990, approved 6-28-1990]
If an officer or employee who is not ill himself is required
to remain absent because of quarantine and presents a written statement
of the attending physician or the Commissioner of Health proving the
necessity of such absence, he shall be granted leave with pay for
the period of his required absence, said leave to be charged against
accumulated sick leave, vacation or overtime credits in the same manner
as if he were sick himself. Prior to return to duty, there shall be
a certification by the Commissioner of Health that his return to duty
will not jeopardize the health of other employees.
On the submission of proof to the department head of the necessity
of jury services or attending court under subpoena other than in connection
with actions or proceedings involving the City, leave of absence shall
be granted with pay to all officers and employees less the amount
received for jury service or witness fees which shall be paid over
to the City.
[Amended 2-25-2004, approved 2-26-2004; 6-25-2004, approved 6-25-2004]
A.
Paid military leave. Members of the Armed Forces Reserves will be
entitled to a leave of absence with pay, not to exceed a total of
30 days in any one calendar year, for military-related training or
active service ordered or authorized by the commanding officer or
other appropriate authorities.
(1)
An employee on paid military leave will continue to receive all City
of Mount Vernon benefits for which the employee is enrolled at the
time of leave, including accrual of sick and vacation leave.
(2)
An employee taking paid military leave must submit military leave
orders and pay vouchers to payroll within 30 days of returning home
from leave.
B.
Salary differential. An employee ordered to active military duty which is not part of their regular reservist duties in any calendar year or continuous period of absence exceeding the paid military leave as provided in Subsection A, shall receive from the City a salary equal to the difference, if any, between the employee's City salary and the salary paid for the performance of such ordered military duty.
(1)
Payments of such salary differential, as provided under this article,
shall be paid up to 18 months, to each employee upon documentation
of payment received for military service or other service compelled
by state or federal law or regulation.
(2)
"Salary" is defined as base pay and longevity, as approved in the
applicable collective bargaining agreements or in the City's
Compensation Ordinance.
C.
Military leave without pay. An employee who performs military service
in excess of 30 days is entitled to a leave of absence without pay
for the period of required service.
D.
Benefits during a military leave without pay. During an unpaid military
leave, an employee may elect to continue participation in any benefit
program in which the employee was enrolled at the commencement of
leave by paying the employee's and the City of Mount Vernon's
share of premiums for those benefit programs. During such leave, the
employee will accrue retirement service credits as permitted by the
New York State Retirement Board.
E.
Return from military leave without pay. An employee returning from
unpaid military leave of absence will be returned to a position in
the same or higher class at the same or higher pay grade. An employee
seeking to return to work after an unpaid military leave must request
reemployment within 90 days of discharge from military service and
submit certification of satisfactory completion of military service
signed by the commanding officer or other appropriate military official.
(1)
If an employee is unable to work after discharge from military service
due to physical or mental conditions resulting from military service,
military leave without pay will be extended for a period not to exceed
one year after discharge. An employee seeking to return to work under
these circumstances must provide the City of Mount Vernon with notice
of satisfactory completion of military service, and request reemployment
within 90 days of regaining physical or mental ability to resume work.
(2)
An employee who returns to work after an unpaid military leave of
absence with restrictions due to physical or mental conditions may
seek reasonable accommodations subject to the approval of his or her
Commissioner or department head.
(3)
A returning employee must be made whole by:
(a)
Being allowed to contribute to the pension plan any amount that
would have been contributed had the employee not been absent. The
employee has three times the length of service, not to exceed five
years, to make payments and the City of Mount Vernon will fund its
resulting obligation under the plan within the same time frame.
(b)
Being reinstated with privileges and status the employee earned
by length of service.
F.
Unless precluded by military necessity, advance notice must be provided,
either orally or in writing, to the employee's supervisor as
soon as the employee becomes aware of the need to be on military leave.
G.
In the event that any section, paragraph, clause or phrase of this
article shall be declared unconstitutional or invalid for any reason,
the remaining provisions of this article shall not be affected thereby.
H.
In the event that any section, paragraph, clause or phrase of the
Code of the City of Mount Vernon conflicts with the provisions established
herein, this article's provisions shall be controlling.
[Amended 10-11-2000, approved 10-12-2000]
A.
Any City officer or employee who desires to engage in a course of
study intended to increase his or her usefulness to the City service,
or who for any other reason considered beneficial by the head of the
department desires to secure a leave of absence from his regular duties,
may, with the written approval of the City Council and the head of
the department in which he or she is employed, be granted a leave
of absence without pay for a period not to exceed one year. Upon the
termination of such leave of absence without pay, such officer or
employee may be reinstated in his or her position. When a leave of
absence without pay for a year has been granted, no similar leave
shall be granted to the same officer or employee within two years
after reinstatement.
B.
Any City officer or employee who is required to render ordered military
or naval duty shall be granted leave of absence without pay as authorized
by the laws of the State of New York.
In case any full-time City officer or employee is required to
work overtime or under conditions involving extraordinary hazards
to health, he may, in the discretion of the department head, if the
work of the department permits, be credited with supplemental time
off by the department head, which must be used within one year of
the dates credited and of which not more than one week may be taken
in conjunction with the annual vacation. Nothing herein contained
shall prevent the payment of overtime pay where the same is provided
for in the department budget or funds therefor are appropriated.
A.
Accounting procedures.
(1)
Absences shall be charged on the basis of a half day.
(2)
Reporting for work more than two hours but less than four hours after
the regular time shall be charged as a half day's absence. Reporting
after the fifth hour shall be charged as a full day's absence.
(3)
Since payrolls are made up from five to six days preceding the issuance
of checks, unauthorized absences during such period shall be deducted
from the next payroll check.
(4)
If a City officer or employee, upon termination of his service with
the City, has been overpaid by reason of any of the provisions of
this article, such City officer or employee shall reimburse the City
for the amount of such overpayment within 30 days after receipt of
written demand therefor by the City Comptroller.
B.
The officer or employee shall be responsible for notifying his department
head in advance of a planned absence. In case of unexpected absence,
such as illness or death in the family, he shall be responsible for
notifying his department head before the commencement of his regular
working day.
C.
An officer or employee absent without notification and/or adequate
explanation to the department head shall not be paid for such absent
time and shall be subject to dismissal.
The following are the legal holidays: New Year's Day, Lincoln's
Birthday, Washington's Birthday, Memorial Day, Independence Day,
Labor Day, Columbus Day, Election Day, Veterans Day, Thanksgiving
Day, Christmas Day.
All City officers and employees shall be entitled to a full
hour for lunch or supper, in accordance with their working hours.
A.
Each department head shall establish a vacation schedule including
all members of the department who shall be entitled to a vacation
and shall post a copy of such schedule in a conspicuous place or places
in the office of the department, giving names and starting dates of
last continuous employment and indicating the approved vacation period
for each employee of the department.
B.
Each department head shall keep a daily record showing the absence
record of each employee, including dates and times thereof, and shall
indicate the reason for such absences.
C.
It shall be the duty of every department head to make a report in
writing to the Civil Service Commission of the names of all officers
and employees, their vacation, sick leave or time off granted, or
absences during the period between the employee's last pay and
the date of such report.
Credits for vacation and sick leave only shall be transferred
with the employees from one City department to another City department,
board, commission or office.
[Added 4-24-2002, approved 4-25-2002]
The catastrophic leave program is a voluntary program that allows
employees to donate a portion of their accrued sick leave to assist
another employee who is experiencing an unusual or catastrophic illness
and/or injury.
A.
Any employee who is not otherwise covered by a collective bargaining
agreement, who is eligible to accrue sick, vacation, personal or compensatory
time, may participate in the catastrophic leave program. Donated accrued
sick leave by an employee may be used by any other eligible employee
affected by a catastrophic illness and/or injury, as defined below,
who has exhausted his or her sick, vacation, personal or compensatory
paid leave accruals.
B.
A "catastrophic illness and/or injury" is defined as a medical or
psychological event experienced by an employee, that is likely to
require an employee's absence from his/her job for a prolonged
period of time.
C.
This program does not cover time off due to a job-incurred injury
covered by workers' compensation benefits, disability benefits,
statutory 207A benefits, no-fault insurance or any other collateral
sources.
D.
To request assistance, the employee or the employee's supervisor
(acting on behalf of the employee at the employee's request)
must submit a catastrophic leave application and the physician/psychologist
statement to his or her department head. The physician/psychologist
statement must include a statement of the employee's inability
to work, the diagnosis, and the prognosis including the anticipated
date of return.
(1)
Requests for assistance will be approved only after all sick,
vacation, personal and compensatory leave accruals to which that person
is otherwise entitled have been exhausted. An employee must be facing
at least five or more days of unpaid leave, before an application
may be submitted.
(2)
The department head reserves the right to request a second physician/psychologist
statement.
E.
Donated sick leave days, up to the amount indicated on the physician/psychologist
statement, will be transferred from donating employee(s) to the recipient
employee as sick leave in full-day increments.
(1)
A donating employee may donate up to three sick leave days in
one calendar year. In addition, the employee donating annual leave
must have a balance of not less than 10 days remaining of sick leave
accruals after the donation.
(2)
Donations shall only be made at the time of an authorized request
for assistance. The donated annual leave days will be reported through
an approved catastrophic leave donation form. This allows the Payroll
Department to make the necessary adjustments to annual leave balances.
Donations made will be transferred to the recipient employee as sick
leave. If the employee returns to work earlier than first expected,
any significant number of unused days may be transferred back on a
pro rata basis to the employees who donated the days.
F.
The catastrophic leave program shall be administered by the department
where the employee requesting assistance works. The department must
complete the following steps:
(1)
The department head will review the application to determine
if the applicant qualifies for assistance and the duration of that
assistance. Applications that are denied must be reviewed by Management
Services in consultation with the Corporation Counsel within 10 days
of the issuance of a denial.
(2)
The department head will inform other employees of the request
for assistance. The only information released will be the employee's
name and number of hours needed.
(3)
The department will send the approved application and donation
forms to the Payroll Department. The application and donation forms
should be sent to the Payroll Department within 10 working days of
receipt of the application to allow the employee to be paid.
G.
The donated time will have no cash value.
H.
All information received on catastrophic leave applications, physician/psychologist
statements, annual leave donation forms and any additional information
is confidential except to the extent necessary to effectuate the terms
of this article.
I.
When effective. This section shall take effect immediately.
This article shall take effect January 1, 1961, except that the provisions of § 50-5 pertaining to vacation periods for full-time City officers shall be effective January 1, 1962.
