Loading...
HomeMy WebLinkAbout5156 - Special Compensation Provisions & Leaves of Absence• • • WWC:bl 1/26/60 RESOLUTION NO. 5156 A RESOLUTION OF THE CITY COUNCIL.OF THE CITY OF NEWPORT BEACH AMENDING THE SECTIONS OF RESOLUTION NO. 4895 RELATING TO SPECIAL COMPENSATION PROVISIONS AND LEAVES OF ABSENCE WHEREAS, Section V of Resolution No. 4895 sets out special compensation provisions; and WHEREAS, it is necessary to amend said resolution relating to compensa- tion for accumulated overtime; and WHEREAS, Section VI of said resolution sets out the provisions on leaves of absence; and leave; WHEREAS, it is necessary to add a provision pertaining to extended sick NOW, THEREFORE, BE IT RESOLVED that effective January 25, 1960: 1. Section V of Resolution No. 4895 is amended to read: "SECTION V. SPECIAL COMPENSATION PROVISIONS. A. Compensation on Reinstatement. The compensation of a former City employee who is reinstated in the class he occupied at termination shall be as determined by the City Manager. B: Compensation on Position Reclassification. The salary of an employee in a position that is reclassified shall be determined as follows: 1. Class with Same Salary Range. If the position is reclassified to a class with the same salary range as the previous class, and if the encumbent is appointed to the reclassified position, the salary and the salary anniversary date of the employee shall not change. 2. Class with Higher Salary Range. If the position is reclassified to a class with a higher salary range than the previous class, and If-the encumbent is appointed to the reclassified position, the change in his salary shall be governed by Section IV, C, 2 hereof. 3. Class with Lower Salary Range. If the position is reclassified to a class with a lower salary range than the previous class, and if the encumbent is appointed to the reclassified position, his salary shall not change unless it is greater than the maximum step of the lower salary range, in which case it shall be reduced to the maximum step of the new range. The employee's salary anniversary date shall not change and he shall not be required to serve a new probation period. • E • C. Compensation for Portion of Month. Any regular or probationary appointee serving on a full -time basis who works less than a full pay period, except when on authorized leave,of absence with pay, shall receive as compen- sation for such period an amount equal to that portion of his established salary for such period as the number of days worked bears to the number of actual working days in the employee's normal work schedule for such period. The number of days worked and the number of working days in such pay period shall include paid holidays. D. Changes in Class Salary Range. If a class is allocated to a different salary range an employee in a position in that class -shall be compensated at the same step in the new range as he was receiving in the previous range, and his salary anniversary date shall not change. E. Compensation for Acting Appointments. Subject to the following limitations, an employee who is required on the basis of an acting appointment to serve in a class with a higher salary range than that of the class in which he is regularly assigned shall receive the entrance salary rate of the higher salary`range or one rate higher than the rate he normally receives, whichever is greater. 1. The written approval of the City Manager shall be required. 2. The employee shall perform all the duties and responsibilities of the higher class. 3. Only after the employee has served the following number of hours in the higher class may he be compensated at a higher rate. Such hours may be accumulated during one or more acting appointments, provided they are for at least one work weeks Established work week for class 40 72 Hours to be worked before additional compensation may be granted. 120 216 After the employee has worked the required hours in the higher class, he shall receive additional compensation for subsequent acting appointments in that class, provided that any such subsequent acting appointment of less than a normal work week (i.e., five consecutive 8 -hour shifts or six consecutive 12 -hour shifts) shall not be compensable at a higher rate. -2- • • F. Changes in Salary Anniversary Date. The granting of any leave of absence without pay exceeding thirty calendar days shall result in a new salary anniversary date for the employee. Such date shall be based on his original salary anniversary date plus the number of calendar days of his leave in excess . of thirty calendar days. G. Compensation for Overtime. Subject to approval by the City Manager and to the following provisions, a department head may prescribe reasonable periods of overtime work to meet operational needs of his department. Overtime shall either be paid at the hourly equivalent of the employee's salary, or granted as equivalent compensatory time.off. The method of compen- sation shall be at the discretion of the department head. 1. Full -time Probationary and Reanlar Appointees. The following provisions shall apply to all full -time regular and probationary appointees, except Fire Department personnel on 12 hour shifts and Police Department personnel assigned to the Detective Bateau: a. Standby Duty. Standby duty in classes designated by the City Manager shall be compensated at the rate of one hour overtime compensation for each twelve hours of such duty. b. Call -back Duty. In addition to standby compensation, if any, an employee shall receive a minimum of one hour overtime compen- sation for any call which requires him to return to or remain on duty. C. Incidental Overtime. Incidental overtime is not compensable. It is defined as overtime of less than one hour that is non- recurrent and which is not standby duty, call -back duty, or court time. 2. Fire Department Personnel on 12 -hour Shifts. Fire Department personnel on 12 -hour shifts shall receive overtime compensation as follows: a. Shift Hold -over. If an employee is required to work an extra 12 -hour shift, or one or more hours thereof, because of the absence of another employee assigned to that shift, such overtime shall be compensated at the hourly equivalent of his salary based on a 72 -hour week -or equivalent compensatory time off. -3- b. Standby Duty. An employee.who is required to return to work during his off -duty hours for standby duty, as distinguished from actual-fire fighting or similar emergency, shall be compensated at the same-rate as employees on shift hold =over. C. Fire or Similar Emergency. If an employee who is not on- standby or shift hold -over duty is required to return to work or to continue on duty during his off -duty hours for actual fire fighting or similar emergency designated by the department head, he shall re- ceive a minimum of three hours overtime compensation.for the first hour and one hour overtime compensation for each hour thereafter. Such overtime compensation shall be at the hourly equivalent of his salary based on a 72 -hour week or equivalent compensatory time off. 3. Police Department Personnel in Detective tureen. Police Depart- meat personnel assigned by the Police Chief to the Detective Bureau, except the clerical staff, shall not be eligible to receive paid overtime compen- gation for service in the Detective Bureau; subject to the discretion of the Police Chief and to paragraph 7 of this subsection, however, they may take compensatory time off for unusual aMounts of overtime worked. A flat rate for each pay period to cover all miscellaneous expenses incurred in the perfdrmance of their duties and normal overtime worked shall be specified by the City Council and added to their salaries. 40 Department Heads and Other Rey Personnel. Department Heads and other key personnel shall not be eligible for paid overtime. Compensatory time off for work beyond the normal work week may be granted at the dis- cretion of the City Manager. 5. Other Employees. Other employees, except Paid Call Firemen, shall be paid at the hourly rate established for their class, regardless of the number of hours worked. 62. Court Time. Employees who are required to appear in court during 0 their off -duty hours in connection with,City business shall receive over- time compensation for the number of hours they spend in 'court, with a mini- mum of two hours of such compensation. 7. Accumulation of Compensatory Time Off. Accumulated overtime must be taken off or paid for no later-than the end of the month following the month in which it was worked. Such accumulated overtime may be taken -4- . off or paid for at a later time if the City Manager authorizes such pro- cedure in writing prior to the time such overtime is worked. Payment may be made for overtime accumulated by Lifeguard personnel between October 1, 1958, and December 31, 1959, to the extent payment is recom- mended by the City Manager and approved by the City Council by.motion." 2. Section VI of Resolution No. 4895 is amended to reads "SECTION VI, LEAVES OF ABSENCE. For the purpose of computing his entitle- ment to leaves of absence, an employee's continuous service shall be based on the effective date on which he received his initial probationary appointment in the City service. Such date shall be the employee's anniversary date for vacation and sick leave purposes, subject to the provisions contained herein. A. Vacation Leave. 1.. Basis for Accrual. a._ Full -time Probationary, Regular, and Acting Appointments. An employee having a full -time probationary, regular, or acting appoint- ment, except Fire Department personnel on 12 -hour shifts, shall accrue vacation leave with pay at the rate of one working day for each full month of continuous service in which the employee has worked or has been on authorized.leave of absence with pay. b. Fire Department Personnel on 12 -hour Shifts. Fire Department personnel on 12 -hour shifts shall accrue vacation leave with pay at the rate of one and one half calendar days for each full month of continuous service in which the employee has worked or has been on authorized leave of absence with pay. c,. Part -time Probationary, Regular, and Acting Appointments.. An employee having a probationary, regular, or acting appointment that is less than full -time but is half -time or more shall receive vacation leave with pay at the rate of one half working day for each full mouth of continuous service in which the employee has worked or has been on authorized leave of absence with pay. d. Other Appointments. Employees having temporary or less than half -time appointments shall not be entitled to receive vacation leave with pay. -5- e. Longevity Vacations. Employees who have completed fifteen or more years of continuous service shall thereafter accrue longevity vacations as follows: • (1) Full -time Probationary, Regular, and Acting Appoint- ments. An employee having a probationary, regular, or acting appointment that is on a full -time basis, except Fire Department personnel on 12 -hour shifts, shall accrue one and one fourth working days, vacation for each full month of continuous service in which the employee has worked or has been on authorized leave of absence with pay. (2) Fire Department Personnel on 12 -hour Shifts. Fire Department personnel on 12 -hour shifts shall accrue two calendar days vacation leave for each full month.of continuous service in which the employee has worked or has been on authorized leave of absence with pay. (3) Other Appointments. Employees having temporary or less than full -time appointments shall not be entitled to receive longevity vacations. f. Accumulation of Vacation Leave. Accumulation of vacation leave in excess of that earned for one year of service is prohibited, unless approved by the department head. In no case shall any accu- mulation of vacation leave exceed that earned for two years of service. Vacation leave accumulated in excess of that normally earned for two years of service shall be forfeited. 2. Method of Use. Vacation leave taken shall not be in excess of that actually earned at the time it is taken, and in no case may it be taken prior to the completion of the employee's probation period. 3. Other Provisions. a. Terminal Vacation Pay. Any employee who has accrued vaca- tion leave, who has completed his probation period, and whose employ- ment terminates shall receive terminal vacation pay for such-accrued vacation based on the hourly equivalent of the salary he received at the time of his termination. -6- An employee who terminates while serving a probation period in a position to which he has been promoted shall receive terminal vacation pay based on the hourly equivalent of the salary he received • immediately prior to his promotion, provided he had successfully completed his probation period in the position from which he was pro- moted. An employee who has not completed a probation period in at least one position shall not receive terminal vacation pay. b. Vacation Schedules. Vacations shall be scheduled as determined by the department head, taking into consideration when- ever possible the seniority and wishes of the employee. c, Vacation Anniversary Date Changes. Any leave of absence without pay exceeding fifteen consecutive days shall result in a new vacation anniversary date. Such date shall be based on the employee's original vacation anniversary date plus the number of consecutive days of his leave of absence without pay that is in excess of fifteen consecutive days. B. Sick Leave. 1. Basis for Accrual. a. Full -time Probationary, Regular, and Acting Appointments. An employee having a full -time probationary, regular, or acting appointment, except Fire Department personnel on 12 -hour shifts, shall accrue sick leave with pay at the rate of one working day for each fall month of continuous service in which the employee has worked or has been on authorized leave of absence with pay. b, Fire Department Personnel on 12 -hour Shifts, Fire Depart- ment personnel on 12 -hour shifts shall accrue sick leave with pay at the rate of one 12 -hour shift for each full month of continuous service in which the employee has worked or has been on authorized • leave of absence with pay. C. Part -time Probationary. Regular, and Acting Appointments. • An employee having a probationaryg regular, or acting appointment that is less than full -time, but is half -time or more, shall accrue sick leave with pay at the rate of one half working day for each -7- full month of continuous service in which the employee has worked or has been on authorized leave of absence with pay. d. Other Appointments. Employees having temporary or less than • one half time appointments shall not be entitled to receive sick leave with pay. • e. Accumulation of Sick Leave. Sick leave maybe-accumulated to a maxima= of eighty working days. Such maximum for Fire Department personnel on 12 -hour shifts shall be eighty 12- hour shiftso 2. Limitations on Use. Sick leave taken shall not be in excess -of that actually earned at the time it is taken, and in no case may it be taken prior to the completion of the employee's initial. probation period. a. Department Head's Recommendation Necesaaryo Sick leave may be granted only with the approval of the department head and only -in case of a bona fide illness of the employee. The department head may require a physician °s certificate or other evidence of the ade- quacy of the reason for the employee's absence during the period for which sick leave was requested. When, in the judgment of the depart- ment head, such reason is inadequate, he shall indicate on the monthly payroll form that the absence was absence without leave. b. For Sickness Only. Sick leave shall be used only for sick- ness of the employee and shall not be used in lieu of or added to vacation. At the option of the employee, however, accrued vacation leave and /or compensatory, time off may be used for sickness when all his sick leave has been taken* An employee who continues to be disabled or ill after he has taken the - maximum industrial accident leave provided in Section VI, D herein may use a proportionate amount of'his accumulated sick leave to supplement temporary disability indemnity so that he will receive . the equivalent of his full salaryo C. Other Limitations. No employee shall be entitled to accrue or to take sick leave with pay while absent from duty for any of the following reasons: (1) Disability or illness arising from compensated employ- ment other than with the City of Newport Beach. CM (2) Leave of absence without pay. 3. Extended Sick Leave. On written request of the employee and recommendation by the department head, the City Manager may authorize in • writing a leave of absence without pay for the purpose of recovering from • an illness, provided; a. The employee has used all his accumulated sick leave and vacation. b, The employee has been continuously employed in the City service for at least one year. C. The employee presents to his department head for referral to and consideration by the City Manager a written explanation by the employee's physician of his illness and an estimate of the time needed for recovery. d. Prior to resuming his duties the employee may be required to.take a medical examination at his expense and as prescribed by the City Manager. The employment record and the results of such examina- tion shall be considered by the City Manager in determining the employee's fitness to return to work. e. The maximum period of such leave shall be three(3)caleudar months. if the employee desires an extension he shall follow, prior to the termination of the initial leave, the procedure described in subparagraph c, above. There may be only one such extension and it may be,-only for three(3)calendar months, unless in the judgment of the City Manager a further extension would be justified in terms of the employee's training and experience, the specialized duties of his position, and the length of time the City can reasonably afford to leave the posi- tion vacant or fill it on a temporary basis. • 4. Other Provisions. • a. No Terminal Sick Leave Pay. No payment shall be granted to an employee for accrued sick leave at the time of his termination, irrespective of the reason for such termination. Termination of an employee's continuous service, except by reason of lay -off for lack of work or funds, shall abrogate all sick leave accrued at the time -9- of such termination, regardless of whether the employee subsequently re- enters the City service. • b. Sick Leave Anniversary Date Changes. The provisions of this resolution applicable to vacation anniversary date changes • arising from the granting of a leave of absence without pay in excess of fifteen consecutive days shall also apply to sick leave anniversary dates. C. Holiday Leave. The following days, and such other days or parts of days as may be designated by the City Council, shall be observed as paid holidayst Every Sunday September 9 ,January 1 October 12 February 12 November 11 February 22 Thanksgiving Day May 30 December 25 July 4 State -wide election days First Monday in September 12.00 noon to 3 :00 P.M. on Good Friday When a holiday falls on Sunday, the following Monday will be observed -10- instead. Employees whose regular days off are other than Saturday and Sunday shall be entitled to the same number of paid holidays per year as are those whose regular days off are Saturday and Sunday. An employee who is required to work on a holiday that falls within his assigned work week shall receive overtime compensation therefor. D. Industrial Accident Leave. Except for Paid Call Firemen and.Police Reserves, an employee who is absent from duty because of an on- the -job injury sustained during his City employment shall, for the periods designated in the following schedule and immediately following the date of injury, continue to accrue vacation and sick leave and to receive that portion of his normal salary • which, when added to payments made to him under the provisions of the Workmen's • Compensation Law, equals his full salary; provided, however, that his claim for compensation is approved under the provisions of such law -10- • • • • Amount of employee's corm tinuous City service At least one day and less than six months At least six months and less than five years Five years and over Maximum industrial accident leave Twenty working days $ix months One year The maximum amount of industrial accident leave for all temporary and all less than half -time employees shall be twenty working days. E. Bereavement Leave. Whenever an employee who is eligible to receive sick leave is compelled to be absent from duty by reason of.the death or criti- cal illness where death appears imminent of father, mother, brother, sister, wife, husband, or child, such employee shall, upon the written recommendation of the department head and approval by the City Manager, be entitled to a maxi- mum of five working days leave of absence with pay. A maximum of five working days of such bereavement leave may be granted within a calendar year. F. Special Leave. The following provisions shall apply only to those employees who are entitled to receive vacation leave with pays 1. Ninety Calendar Days or Less. Upon the written recommendation of the department head, the City Manager may authorize special leaves of absence with or without pay for a period or periods not to exceed ninety calendar days in a calendar year for the following purposes- attendance at a college, university, or other institution of learning for the purpose of receiving training in subjects directly related to the work of the employee and which will benefit the City; serving on a jury; and for other purposes that are deemed by the City Manager to be beneficial to the City'. 2. In Excess of Ninety Calendar Dare. The City Council may, upon the recommendation of the City Manager, grant leaves of absence with or without pay in excess of ninety calendar days for the purpose of attending a college, university, or other institution of learning where the employee will receive training deemed by the City Council to be beneficial to the City. G. Military Leave. Employees having probationary, regular, or acting appointments shall be entitled to such leaves of absence with pay and other -11- benefits as are provided in the California Military and Veterans Code. An employee requesting such leave shall present a copy of his military orders to . his department head prior to the beginning of the leave. H. Absence Without Leave. Any employee who is absent from duty shall • report the reason for such absence to his department head or immediate super- visor prior to the date of expected absence whenever possible and in no case later than two hours after the beginning of his normal work shift. Absences not reported in such manner shall be considered absence without leave. A deduction of pay shall be made for the duration of any absence without leave in accordance with Section V, C of this resolution.. I. CM2ulsory Leaves of Absence or Termination. Termination or a compul- sory leave of absence without pay, whichever in the opinion of the department head best serves the City's interests, shall be required of women employees who have completed their sixth month of pregnancy. This resolution was adopted by the City Council of the City of Newport Beach at a regular meeting on the 25th day of January, 1960, by the following vote, to wit: ATTEST: City Clerk • • AYES, COUNCILMEN: Hart, Lorenz, Somers, Kingsley, Atkinson, Hisbie, Stoddard NOES, COUNCILMEN: None ABSENT COUNCILMEN: None -12- 0 0 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF NEWPORT BEACH) I. MARGERY SCHROUDER, City Clerk of the City of Newport Beach, California, do hereby certify that according to the records of the City of Newport Beach filed and maintained in my office, the foregoing Resolution No. 5156 was duly and regularly adopted, passed, and approved by the City Council of the City of Newport Beach, California, at a regular meeting of said City Council held at the regular meeting place thereof, on the 25th day of January , 19 60 by the following vote, to wit: AYES, COUNCILMEN: NOES, COUNCILMEN: ABSENT, COUNCILMEN: Dated this 1st Hart, Lorenz, Somers, Kingsley, Atkinson, Higbie, Stoddard None None day of February , 1960 in City C erc an EX-Officio C er:c o t o City Council, ity of Newport Beach, State of California.