[Adopted 10-1-1979; effective 11-4-1979]
The purpose of these regulations is to establish
uniform hours of work, time-off provisions, eligibility for benefits
and other terms and conditions of employment for full-time office
and outside staff employees and department heads. They are guidelines
to be applied by the appropriate department head and/or Trustee as
required. The intent of these regulations is to provide the aforesaid
Village employees with a clear statement of the benefits to which
they are entitled and for the Village as an employer to establish
the terms and conditions of employment.
For the purposes of this chapter, the terms
used herein are defined as follows:
All employees in the Sea Cliff Chapter of the Civil Service
Employees Association negotiating unit and covered by employment contract
between such unit and the Village of Sea Cliff.
All full-time office and outside staff, included part-time
employees, and department heads.
[Added 6-1-2004]
The Village Clerk, Village Treasurer, Village Attorney, Head
Librarian, Building Inspector, Director of Public Works, Superintendent
of the Building Department, and liaison to the Board of Trustees.
[Amended 6-1-2004; 3-14-2005]
All employees who regularly work at least 32 1/2 hours per
week on an annual basis.
All part-time employees who regularly work 25 or more hours
per week on an annual basis.
[Added 6-1-2004]
All employees not in the Sea Cliff Chapter of the Civil Service
Employees Association negotiating unit, with the exception of department
heads.
All employees who regularly work less than 32 1/2 hours per
week on an annual basis.
Absence from duty due to sickness or disability.
[Amended 6-1-2004]
These regulations apply only to full-time office
and outside staff, included part-time employees, and Department Heads.
They shall not apply to the following:
[Amended 6-1-2004]
A.
Office and outside staff. The regular hours of work shall be 12:00
p.m. to 7:00 p.m. on Monday and 9:00 a.m. to 4:30 p.m., Tuesday through
Friday, including a one-hour meal break. Such hours may be changed
from time to time by resolution of the Board of Trustees. Additional
specific hours may be assigned by the appropriate department head.
Such additional hours in excess of 32 1/2 hours a week may be
compensated for by commensurate time off. Hours, other than the regular
hours of work, may be scheduled by the department head for specific
individuals, appropriate to their assignment.
[Amended 12-9-2019 by L.L. No. 10-2019]
B.
Included part-time employees. The hours of work shall
be as determined and assigned by the Village Clerk subject to the
approval of the Board of Trustees, within the guidelines and procedures
established for full-time office and outside staff.
C.
Department heads. Since department heads are paid
an annual salary, they are expected to fulfill their responsibilities
during whatever hours may be required. They are expected to be available
on a regular and reasonable basis during normal working hours.
A.
Any full-time employee who has completed six months
of continuous employment shall receive one week's (five workdays)
vacation with straight-time pay.
B.
Any full-time employee who has completed one through
five years of continuous employment shall receive two weeks' (10 workdays)
vacation per year, with straight-time pay.
C.
Any full-time employee who has completed six or more
years of continuous employment shall receive three weeks' (15 workdays)
vacation per year with straight-time pay, plus one additional day
at straight time pay for each year of continuous employment after
10 years, up to a maximum of five additional days.
D.
Employees may not carry over vacation time from one
year to the next except in a situation where approval is specifically
granted, after recommendation by the department head and approval
by the Mayor.
E.
Vacation schedules shall be determined by and at the
discretion of the appropriate department head, based on the department's
operational needs and requirements.
G.
Vacation schedules for department heads shall be as
determined and agreed between the department head and the Board of
Trustees.
[Added 6-1-2004]
A.
There shall be 12 paid holidays each year. These holidays
shall be New Years's Day, Martin Luther King's Birthday, President's
Day, Memorial Day, Juneteenth, July Fourth, Labor Day, Columbus Day,
Veteran's Day, Thanksgiving Day, the Friday after Thanksgiving, and
Christmas Day.
[Amended 6-1-2004; 6-6-2022]
B.
If a holiday shall fall on a Saturday or Sunday, employees
shall receive the preceding Friday or following Monday as a paid holiday
in lieu of the holiday falling on Saturday or Sunday.
C.
In order to be eligible for holiday pay, an employee
must be available for work on the full working days preceding and
following the holiday, unless prearranged as vacation days or unless
a doctor's certificate is provided upon request.
A.
Sick leave. Absence due to sickness or disability
shall be allowed only as provided in this section and may only be
granted by the appropriate department head. The following regulations
shall govern such absence:
[Amended 4-7-2003]
(1)
Sick leave with pay shall accrue to employees on the
basis of 13 days per full year of employment, starting with the date
of employment. Such leave may accrue on a pro rata basis for employees
working less than a full year.
(2)
Employees shall earn sick leave credits at the rate
of 1/2 day per biweekly pay period and may accumulate such credits
up to a total of 120 days; provided, however, that an employee shall
not earn sick leave credit for any biweekly pay period unless he is
in full pay status for at least seven workdays during such biweekly
pay period.
(4)
For those employees hired on or prior to May 31, 1978,
payment for 100% of accumulated or unused sick leave shall be paid
to any such employee upon retirement, death, resignation or separation
other than for cause.
(5)
For those employees hired after May 31, 1978, accumulated
or unused sick leave shall be paid to any such employee upon retirement,
death, resignation or separation other than for cause, as follows:
(a)
An amount equal to 100% of accumulated or unused
sick leave will be paid to employees who have completed 10 years of
service.
(b)
An amount equal to 75% of accumulated or unused
sick leave will be paid to employees who have completed at least five
years of service, but less than 10 years of service.
(c)
An amount equal to 50% of accumulated or unused
sick leave will be paid to employees who have less than five years
of service.
(d)
The rate of payment for the accumulated or unused
sick leave will be based on the average daily rate of pay for the
employee for the last ten years, or for the period of employment if
less than 10 years.
(6)
In order to receive payment for accumulated or unused
sick leave, it is expected that individuals will give the Village
sufficient notice as follows:
(7)
Any payment for accumulated or unused sick leave upon
retirement, death, resignation or separation other than for cause,
shall not exceed 120 days.
(8)
Payment for accumulated or unused sick leave will
be made by the Village within 12 months following the date of termination.
(9)
Any employee who is unable to report for duty because
of illness or physical disability shall immediately notify his department
head of that fact and shall state the nature of his illness or disability
and the name of the attending physician, if any. If the employee is
unable so to report, a responsible person may make the report in his
behalf. In the absence of such report, unless waived by the department
head for good cause, any time lost shall not be considered sick leave,
and such employee shall receive no compensation therefor.
(10)
No continuous sick leave exceeding three working
days shall be allowed except upon the certification of a physician,
to be filed with the department head not later than the fourth working
day, stating the nature of the illness and the probable time of disability.
The department head may also require such certification in any other
case.
(11)
It shall be the duty of the department head
to keep an accurate record of all sick leave and sick leave accumulations
in such form as the Board of Trustees may prescribe, so that a written
report of the same can be readily furnished upon request of such Board.
(12)
Sick leave may not be taken for any reason other
than because the individual is too ill or disabled to report to work.
The purpose of this benefit is to provide income protection in these
instances. However, continuous and excessive absence for illness on
an incidental (one- or two-day) basis or for repeated absences of
longer periods could be grounds for dismissal on the basis that individuals
have an obligation to keep themselves in reasonably good health and
available for work.
B.
Bereavement leave. Employees shall receive not more
than three days' bereavement leave for death in the immediate family,
which shall include mother, father, spouse, children, brother and
sister. Employees shall receive one day of bereavement leave for mother-in-law,
father-in-law, brother-in-law and sister-in-law.
C.
Military leave. Leaves of absence for military duty
shall be covered by and in accordance with the Military Law of the
State of New York.
D.
Leave of absence without pay. Department heads may
grant leaves of absence without pay, but if such leave is to extend
for more than 12 working days, the approval of the Board of Trustees
shall be required.
E.
Jury duty. Absence for the purpose of jury duty shall
be compensated for at straight-time pay.
When an employee is absent without leave and
without a reasonable explanation therefor for a period of five consecutive
working days, such absence shall be deemed to constitute a resignation
effective on the date of the commencement of such absence. The failure
of an employee to return to his position within 10 working days following
the expiration of a leave of absence or extension thereof, without
submitting an explanation therefor within such ten-day period, shall
be deemed to constitute a resignation effective as of the date of
the commencement of such leave of absence. Nothing herein shall be
deemed to excuse the unauthorized absence of an employee or his failure
to return to his position upon the expiration of an authorized leave
of absence, and any such failure may be regarded as misconduct in
an appropriate disciplinary proceeding.
Employees are required to be available for work
during all hours of employment. Excessive lateness or absences will
be grounds for dismissal.
[Amended 6-1-2004]
A.
Full-time employees, included part-time employees,
and department heads (covered employees) shall be eligible to participate
in the New York State health and retirement plans as follows:
(1)
The Village shall provide coverage equal to the New
York State Government Employees Insurance Program - Statewide Plan.
The cost of all premiums on such plan shall be paid by the Village,
subject to percentage contribution by each covered employee toward
the annual hospitalization premium paid for such covered employee
in accordance with the following schedule:
(a)
From June 1, 2004, through May 31, 2005, 5%
of the annual premium for family plan coverage and 10% of the annual
premium for individual plan coverage.
(b)
From June 1, 2005, through May 31, 2006, 5%
of the annual premium for family plan coverage and 10% of the annual
premium for individual plan coverage.
(c)
From June 1, 2006, through May 31, 2007, 10%
of the annual premium for family plan coverage and 20% of the annual
premium for individual plan coverage.
(d)
From June 1, 2007, through May 31, 2008, 10%
of the annual premium for family plan coverage and 20% of the annual
premium for individual plan coverage.
(e)
From June 1, 2008, through May 31, 2009, and
for each year thereafter, 10% of the annual premium for family plan
coverage and 20% of the annual premium for individual plan coverage.
(2)
All premium contributions by covered employees shall
be deducted from the employee's biweekly paychecks. The actual amount
of contribution by a covered employee to be deducted shall be adjusted
with each change in the total premium expense charged to the Village
in connection with the coverage defined herein.
(3)
All covered employees hired before September 1, 1995,
will be offered the option of voluntary cash opt-out from the health
insurance plan in accordance with Schedule A[1] annexed hereto. To the extent a covered employee wishes
to re-enroll in the health insurance plan, he or she may do so at
any time, provided that application is made within one month of the
end of the existing alternative coverage. To the extent an active
Village covered employee wishes to retain health plan coverage through
retirement, he or she must re-enroll in the health plan not less than
one month prior to the date of such covered employee's retirement.
The offer of the option of voluntary cash opt-out from the health
insurance plan for employees hired on or after September 1, 1995,
will be at the discretion of the Village.
[1]
Editor's Note: Schedule A is on file in the
Village office.
(4)
For covered employees hired prior to June 1, 2003, the Village shall continue to provide coverage equal to the New York State Government Employees Insurance program - Statewide Plan, for those covered employees with at least 10 years of service with the Village who retire as a member of a retirement system administered by the State of New York or one of its civil subdivisions, or are otherwise qualified under the provisions of the New York State Government Employees' Health Insurance Program, until such covered employee reaches the age of 65 or is covered under a hospitalization plan from another source; provided, however, that such covered employee shall still be required to contribute a percentage of the annual hospitalization premium as set forth in Subsection A(1), above, and subject to Subsection A(6) and A(7) below. At and after age 65, the Village shall pay the hospitalization insurance premium for all covered employees who retire on or after June 1, 2004, with at least 10 years' service with the Village of Sea Cliff, in accordance with Subsection A(6)(c) below.
(5)
For covered employees hired on or after June 1, 2003, the Village shall continue to provide coverage equal to the New York State Government Employees Insurance program - Statewide Plan, for those covered employees with at least 15 years of service with the Village who retire as a member of a retirement system administered by the State of New York or one of its civil subdivisions, or are otherwise qualified under the provisions of the New York State Government Employees' Health Insurance Program, until such covered employee reaches the age of 65 or is covered under a hospitalization plan from another source; provided, however, that such covered employee shall still be required to contribute a percentage of the annual hospitalization premium as set forth in Subsection A(1), above, and subject to Subsection A(6), below. At and after age 65, the Village shall pay the hospitalization insurance premium for all covered employees who retire on or after June 1, 2004, with at least 15 years' service with the Village of Sea Cliff, in accordance with Subsection A(6), below.
(6)
Effective June 1, 2004, for all covered employees who retire from employment with the Village on or after June 1, 2004, and continue to receive hospitalization coverage pursuant to Subsection A(4) and A(5) above, the total cost of their respective hospitalization benefit shall be calculated as follows:
(a)
The monthly amount that the Village is contributing on the date of the covered employee's retirement shall be defined as the "fixed cost amount." The fixed cost amount shall be the actual amount of the total premium expense of the covered employee's hospitalization premium less the employee percentage contribution set forth in Subsection A(1) above.
(b)
The fixed cost amount as calculated on the date
of the covered employee's retirement shall remain as the maximum contribution
that the Village shall be required to provide as a contribution toward
the hospitalization premium of the retiree. To the extent the hospitalization
premium exceeds the fixed cost amount, such excess shall be paid by
the retiree and not the Village for as long as the retiree continues
such coverage through the Village.
(c)
The fixed cost amount for retirees who, during their active employment with the Village, elected to opt out of the Village health insurance plan and re-enrolled as provided for in Subsection A(3) above, and who are eligible for hospitalization coverage under Subsection A(4) or A(5) above, shall be calculated at the time of their retirement, less what their applicable contribution would have been.
(d)
When a Village retiree becomes eligible for Medicare coverage, the "Medicare fixed cost amount" shall be the lesser of the actual cost for that retiree's Medigap insurance less the employee percentage contribution set forth in Subsection A(1), above, or the retiree's original fixed cost amount calculated on the date of the retiree's date of retirement. The Medicare fixed cost amount shall be the maximum contribution that the Village shall be required to pay as a contribution toward the Medigap premiums of the retiree. To the extent the actual Medigap premium of the retiree exceeds the Medicare fixed cost amount, such excess shall be paid by the retiree and not the Village for as long as the retiree continues such coverage through the Village.
(7)
Effective January 1, 2005, all employees who retired
from employment with the Village prior to June 1, 2004, and who continue
to receive hospitalization coverage, shall be required to contribute
10% of the Village's actual annual premium expense for such retiree's
respective hospitalization coverage, or Medigap coverage.
(8)
Anything herein contained to the contrary notwithstanding,
in no event shall the Village pay less than 50% of the hospitalization
insurance premium for individual plan coverage or 35% of the hospitalization
insurance premium for family plan coverage, nor shall the covered
employee or retiree be required to pay more than 50% of the hospitalization
insurance premium for individual plan coverage or 65% of the hospitalization
insurance premium for family plan coverage.
(9)
A covered employee shall be deemed to retire, and
thus be entitled to the benefits provided for in this section, upon
termination of his or her employment with the Village, even though
receipt of the covered employee's retirement allowance is delayed,
postponed, commences at a later date, or the employment is terminated
by the Village.
(10)
Hospitalization coverage pursuant to this section
shall be continued for the life of the employee or retiree until such
employee or retiree obtains coverage under a hospitalization plan
from another source.
(11)
Upon the death of a retiree, his or her spouse
shall be entitled to maintain the hospitalization insurance coverage
through the Village; provided, however, that such surviving spouse
shall be responsible for the total cost of maintaining such coverage
through the Village.
B.
Pension and retirement benefits.
(1)
Employees and department heads may elect membership
in the New York State Employees Retirement System Plan provided by
the Village in cooperation with the State of New York. Contributions
to such plan, in amounts determined by the Comptroller of New York
State, shall be paid by the Village pursuant to the Retirement and
Social Security Law of the State of New York, except for employees
and department heads hired after July 1, 1976, who are mandated to
contribute under the Tier III and Tier IV categories of the Retirement
and Social Security Law of the State of New York.
(2)
A part-time employee who becomes a full-time employee
shall be credited for time in grade on a pro-rata basis for his or
her part-time service.
