Ordinance 1539.
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ORDINANCE NO. 1539
AN ORDINANCE AMENDING ORDINANCE NO. 1335t
ALSO HERE.TOFORE KNC�niN' AS SECTION 6.12 OF
"THE CODE O CITY OF MIAMI BEACH�
FLORIDA, 1950.:ti' PERTAINING TO ANNUAL LEAVE
FOR EMPLOY�ES.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIA,�i2 BEACH,
FLORIDA:
SECTION 1: That Ordinance No. 1335� also heretofore known as
Section 6.12 of "The Code of the City of Miami Beach,
Florida, 1950", be and the same is hereby amended to read as
follows:
'"Section l: Annual leave for employees shall be granted
and computed in accordance with the following
provisions and conditions:-
1. Regular Employees:-
(a) Less than 10 years of service:-
Regular employees with less than 10 years of
service shall be granted 20 days each year.
{b) More than 10 but less than 20 years of service:-
Regular employees with more than 10 but less
than 20 years of service shall be granted 25
days per year. Employees who will complete
10 years of employment at any time during
the year shall be granted leave in accordance
with the number of days specified in this
sub-paragraph.
(c) More than 20 years of service:-
Regular employees with more than 20 years of
service shall be granted 30 days per year.
Employees who shall complete 20 years oi
service at any time during the year shall be
granted leave in accordance with the number
of days specified in this sub-paragraph.
(d} General:-
Annual leave shall be granted in advance on
January 1 of each year reduced.proportionately
by any part of the previous year that such
employee was absent without compensation.
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OFFICE OF CITY ATTORNEY — 1130 WASHINGTON AVENUE — MIAMI BEACH, FLORIDA 33139
Service time in determining number of days
to be granted above includes all time spent
as an employee in the Classified or
Unclassified Service regardless of status
for which compensation has been paid and
time while on approved military leave for
service in the Armed Forces of the United
States� provided� however, that in the
event an employee is absent from his duties
because of service-connected injury, for
which Workmen' s Compensation is payable,
is certified by the City Physician to be
physically able to return to his duties�
and fails so to dol the period between
such certification and the employee's
actual return to his duties shall not be
deemed to be service time within the
meaning of this sub-paragraph.
2. Probationar�r Emplo ees:-
Upon satisfactory completion of an
origir�al Probationary period and
appointment to Regular status� 15 days
will be granted for time served as a
Probationary employee plus the proportionate
part of 20 days in advance from that date
until the end of the calendar year.
3. Provisional Employees:-
Annual leave shall be granted to Provisional
employees who were employees on January 1,
1959, at the same rate as for Regular
employees depending upon years o� service.
Annual leave granted to Provisional employees
shall not be accumulative. Persons
originally employed on a Provisional basis
on or after January 2, 1959, shall not
receive annual leave.
4. Special Provisions for Em�lo,�'ees on Militar�� Leave:-
Employees holding Regular status who serve
in the Armed Forces with military leave of
absence from the City and who return to
active employment with the City in accordance
with the terms of the military leave of
absence, shall upon such return to employment
with the City, be granted annual leave in
the same amount as if they had been working
for the City for each full year of military
servicef prorated for any fractional part
of a year. Upon return to active employment
with the City, the employee shall be paid
in cash for the vacation he would have been
entitled to had he not been called into
military service. Such payment will be at
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OFFICE OF CITY ATTORNEY -- 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
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the rate of pay received upon return to
employment with the City and such vacation
pay shall be charged against adjusted annual
leave credit.
5. Accumulation of Annual Leave:-
Annual leave may be accumulated without
restriction until eight days per year of
service plus 45 days are accumulated.
Annual leave in excess of eight days per
year of service plus 45 days shall not be
accumulated. The provisions of this
paragraph shall not be retroactive and
any employee who has in excess of the
prescribed maximum on January lr 1959
will be permitted to accumulate an
additional eight days of annual leave each
year. In case during a particular year
because o� extraordinary circumstances an
employee is unable to take a vacation
without serious loss or inconvenience to
the Cityt the employee may be permitted to
postpone taking this particular vacation
for up to three years if so recommended by
his department head and approved by the
City Manager. Such postponed vacation
must be taken by the employee before he may
be granted postponement of any additional
vacation in future years.
6. Use of Annual Leave:-
C a) Annual leave shall be
because of sickness o
connected, or because
serious illness of a
immediate family, for
for yearly vacations.
used for absences
r injury, not service
of the death or
member o� the employee's
religious holidays and
(b) In order to receive pay for time absent
because of illness or injury, not service
connected, or because of the death or serious
illness o� a member of the employee's
immediate family, the provisions of sub-
paragraph (c) herein must be fully complied
with.
(c) Al1 employees in the service o� the City shall
be required to report absences from duty�
not previousl�r arranged� to their Appointing
Officer or a designated superior within one
hour after the usual time of beginning work
each day that such absence occurs� unless
the cause of the absence is such that it may
be expected to be of considerable duration,
in which case, the absence shall be reported
as specified the first day, together with a
statement of the approximate length of time
such absence is expected to continue. Cases
of al�sences for which compensation is claimed
may be investigated by the Personnel Director
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OFFICE OF CITY ATTORNEY — 1130 WASHINGTON AVENUE — MIAMI BEACH, FLORIDA 33139
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and the report of a registered physician or
registered nurse of�his selection may be
required� stating that the emp�.o�aee was
unable during the entire absence to perform
the duties of his position and that such
absence was not due to excesses on the part
of the employee concerned.
(d) Payment of annual leave for religious
holidays shall be limited to high religious
holidays, not otherwise provided fort and
may not exceed three in any year.
7. Charc�es Aqainst Annual Leave Effective January_1�
1958:-
Charges shall be made against the employee's
annual leave credits for each work day� or
ha1�E day, that the employee is absent for
sickness or injury, not service connectedl
or because of the death or serious illness
of a member of the employee`s immediate
family, for religious holidays, and for
vacation.
It shall be the duty of the Department Head,
in recommending payment of annual leave, to
take into account the normal days off duty
of the employee concerned and to report for
use of annual leave only those days, or half-
days that the employee is normally required
to work. It shall be considered that all
employees work a five-day week.
8. Lenqth of Vacation:-
(a) Normal Vacation:-
The amount of vacation which may be taken
shall be determined from the employee's
earned balance of annual leave at the end
of the preceding calendar year. The normal
vacation may not exceed 12 work da�s nor may
it exceed the earned balance as of the last
day of the preceding year except as provided
below.
(b) Lon�er than Normal Vacation:-
Employees who are granted more than 20 days
annual leave at the beginning of the year
may add to their normal vacation the number
of days annual leave granted in excess of 20.
In all cases, regardless of earned balance,
an employee who is granted more than 20 days
at the beginning of the year is entitled to
take as vacationt the number of days he is
granted in excess of 20.
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OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MtAMI BEACH, FLORIDA 33139
All employees, regardless of the number of
days annual leave granted, may take a longer
than normal vacation when their earned balance
at the end of the preceding year exceeds 57
day s .
Such longer than normal vacation may not
exceed the number of days annual leave granted
at the beginning of the year nor may the charge
against annual leave for such vacation when
subtracted from the previous year's earned
balance� reduce such earned balance below 45
day s .
(c) Time of Vacations:-
Vacations shall be granted at a time suitable
to the Department Head and convenient to his
work schedule so �Ear a� practicable.
(d) Holidays : -
When holidays, designated as such by the City
Council, fall within periods of sick leave or
vacation, no charge shall be made against
annual leave for the holiday.
9. Payment for Annual Leave:-
(a� Retirement or Death:-
Any earned balance of annual leave, including
credits granted in 1939 when Civi1 Service
was adopted, of a Regular employee who dies
while an employee of the City, or who retires
under the terms of any City pension plan�
shall be paid to the beneficiary or employee
respectively at the rate of compensation
received by such Regular employee at the time
of his death or retirement.
(b) Resiqnation or Removal:-
(1) Any earned balance of annual leave,
deducting therefrom any credit granted
in 1939 when Civil Service was adopted,
of a Regular employee who is removed or
who resigns in good standing shall be paid
to such Regular employee at the rate of
compensation received by such Regular employee
at the time of his removal or his resignation
in good standing, provided that such payment
shall not be made until such time as the
resigned or removed Regular employee shall
forfeit his right to re-employment either
by time limitation or by written forfeiture
of all Civil Service rights.
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OFFICE OF CITY ATTORNEY `- 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
(2� Notwithstanding the provision of said
Paragraph 9(b) , any employee who shall
involuntarily be deprived of his employment
with the City of Miami Beach, due to trans-
fer of a function of his department to the
Metropolitan governmentl Dade County, or
to any agency of the State of Florida, or
other local government, shall be entitled
to an option period of thirty days during
which time he may elect to transfer to the
Metropolitan governmente Dade County, agency
of the State of Florida, or other local
government any part or the entire portion
of his earned annual leave balance without
forfeiture of re-employment rights provided
under Civil Service rules of the City of
Miami Beach.
(c) Maximum Pavment:-
Payment for annual leave upon resignation,
retirement, or death ofc a Regular employee
shall in no case exceed an amount equal
to one year's compensation at the rate of
pay received by such Regular employee at the
time of his retirement, death or resignation.
(d) Computation of Annual Leave Payments:-
(1) Effective January l, 1965, when a
settlement is made for annual leave upon
resignation, retirement, or death o�E an
employee, payment shall be made upon the
basis of l/10 of the employee's bi-weekly
rate of pay for each day of annual leave.
Deduction shall be made from annual leave
credits prior to settlement for any days
granted in advance and not actually earned
as of the date of resignation, retirement
or death.
(2) Ef�ective January l, 1965, when an employee
uses annual leave, payment shall be made
upon the basis of 1/10 of the employee's
bi-weekly rate of pay for each full day
charged against his annual leave account.
(e) Reqular Employees Appointed to Unclassified
Service:-
Any regular employee who is appointed to
a position in the Unclassified Service on
or after January 2, 1959 shall be paid for
his balance of annual leave upon separation,
retirement, or death in the same manner as
other employees, except tl�at the rate of
pay used to compute the amount shall be
his average earnings for the calendar year
in which his earnings as a Classified
employee were highest or the rate he last
received as a Classified employeel which
ever is higher.
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OFFICE OF CITY ATTORNEY'- 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
For those employees who are in the
Unclassified service on January l, 1959
and who had previously been in the Classified
Service the rate of pay used to compute
payment for balance of annual leave upon
sepasation, retirement, or death shall be
the rate of pay received as an Unclassified
employee at the time of his separation,
retirement or death if at that time he
occupies the same position that he occupied
on January l, 1959. I� at time of
separation, retirement, or death he occupies
a different position than he occupied on
January l, 1959 settlement of annual leave
shall be based on the last pay he received
as an Unclassified employee in the position
he held on January ll 1959.
l0. Other Leaves with Compensation:-
With the approval of the City Council, other
leaves of absence with pay may be granted by the
City Manager in addition to regularly allowed
leave when such is recommended by the appointing
officer for the purpose o� promoting efficiency
or other good causes.
11. Injury Service Connected:-
An employee with Probationary or Regular status
who is absent from duty because of injury which
is the direct result of his City duties and which
is so certified by the City Physician and the City
Insurance Manager and subject to the approval of
the City Managerr shall continue to receive pay
during the period of such absence. Such pay may
cantinue for a period of time not to exceed 13
weeks unless extended by the City Manager with
the approval of the City Council. Pay during the
period of such absence will be computed as follows:
Employees who are entitled to pay
because of in;�ury service connected will
be paid an amount which is equal to the
difference between their normal City pay
and the amount o�E compensation payable
under the provisions of the Workmen's
Compensation Act. A normal day`s pay
shall be 1/10 of the bi-weekly rate of
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OFFICE OF CITY ATTORNEY'- 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
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12. Military Leave:-
All employees shall be entitled to military leave
of a.bsence �rom their respective duties in
accordance with the provisions ofl and subject
to the conditions set forth in, Chapter 115,
Florida Statutes, 1957."
SECTION 2: All ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
SECTION 3: This ordinance shall go into effect as of January l,
1965 .
PASSED and ADOPTED this 2nd day of December r 1964.
ATTEST:
City Cler�/
lst reading - November 18, 1964
2nd reading - November 18, 1964
3rd reading - December 2, 1g6�4
PQSTED � December 3, 1g6�
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OFFICE OF CITY ATTORNEY `- 1130 WASHINGTON AVENUE - MIAMI BEACH, fIORIDA 33139
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STATE OF F�ORIDA
COU�ITY �F DADE e
:i, R, '��il�e i�o JOH�iSOV, Cit� Cler]c in and ior the
City of i�iami Beach, Floridaj do hereby certify that
�rd�.nance 1?� 0 1539 enti�cled �.
"AN ORDINANCE AMENDING ORDINANCE NO. 1335, ALS4 HERETOFORE
KNOWN AS SECTI(3N 6.12 OF 'THE CODE OF THE CITY OF MIAMI
BEACH, FLORIDA, 1950', PERTAINING TO ANNUAL LEAVE FOR
EMPLOYEES"
having been �assed and adopted by �t�e City Council of the
City o£ i�liazni Beach, Florida, has been �osted by me in three
cons�icuous places in �he City of i�iiami �each, on� oi which
was at the door of the Ci�cy Hall in said City on the
3rd da�� of December, 1964, and that said Ordinance
reinained �osted �or a�erioc� o� at least thirty da�s in
accordance wit2z the rec�uireme�zts o� �the Cit�r Charter o:� the
said City of r�iami �each o
IN %��ITNE�S WHFREOF I have hereunto set my hand and
affixed the official seal o:� the Ci�y oi Miami Beach, Florida,
on th?s the 20th day os January, 1965.
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