Ordinance 1613�. a .
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ORDINANCE NO. 1613
AN ORDINANCE PROVIDING FOR THE GRANTING AND
THE COMPUTATION 4F ANNUAL LEAVE FOR UNCLASS-
IFIED EMPLOYEES.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH,
FLORIDA:
3ECTION 1: For the purpose of this ordinance Un�lassified em-
ployees are hereby defined as all persons appointed to
an unclassified pasition as enumerated in the Compensation Plan
for the offices and positions in the Unclassified Service. All
reference to employees in this ordinance refers to unclassified
employees.
SECTI4N 2: Annual leave for Unclassified-employees shall be
granted and com,puted in accordance with the following
provisions and conditions:
1. Unclassified Employees:-
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(a) Less than 10 years of service:-
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:-
Employees with more than 10 but less than 20 years
of service shall be granted 25 days per year. Em-
ployees who will complete 10 years of emp].oyment at
any tirne during the year shall be granted leave in
accordance with the number of days specified in
this sub-paragraph.
(cj More than 20 years of service:-
Employees with more than 20 years of servic� shall
be granted 34 days per year. Employees who shall
complete 20 years of 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 abser�t with-
out compensation. Service time in determining num-
ber of days to be granted above includes all time
spent as an employee in the Classified or Unclassi-
fied Sex�vice regardless of status for which compen-
sation has been paid and time while on approved
military leave for service in the Armed Forces of
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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 do, 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.
(e) On the effective date of this ordinance annual
leave shall be granted as of January 1, 1966 for
those employees in the unclassified service on
January 1, 1966 and adjusted proportionately for
thos� appointed to the unclassified service after
that date. 'I�is advanced time shall be used for
sick leave during the balance of the 1966 year and
will provide a basis for vacation time allowed in
1967. Absences for vacation during the period
October 1, 1966 to December 31, 1966 will be con-
sidered individually by the City iKanager and no
charges against employee's annual leave will be
made for such absences.
Special Provisions for Emplovees on�,M'i�l�i_tarv Leave:-
Unclassified Employees 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 warking for the City for
each full year of military service, 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. �uch payment will be at the rate of pay
received upon return to employment with the City
and such vacation pay shall be charged against ad-
justed annual leave credit.
Accumulation af 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 had
in excess of the prescribed maximum on January l,
1959 will be permitted to accumulate an additional
eight days of annual leave each yea=. In case dur-
ing a particular year because of extraordinary cir-
cumstances an employee is unable to take a vacation
without serious loss or inconvenience to the City,
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the employee may be permitted to postpone taking
this particular vacation for up to three years if
approved by the City Manager. Such postponed vaca-
tion must be taken by the employee before he rnay be
granted postponement of any additional vacation in
future years.
4. Use of Annual Leave:-
(aj Annual leave shall be used for absences because of
sickness or injury, not service connected, or be-
cause of the death or serious illness of a member
of the employee's immediate family, for religious
holidays and tor yearly vacations.
(b) In order ta receive pay for time absent because of
illness or injury, not service connected, or be-
cause of the death or serious illness of a member
of the employee`s immediate family, the provisions
of sub-paragraph �c� herein must be fully complied
with.
(c� Unclassified employees shall be required to report
absences from dut�, not previously arranged, to
their 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 re-
ported as specified the first day, together with s
statement of the approximate length of time such
absence is expected to continue.
(d) Payment for annual leave for religious holidays
shall be limited to high religious holidays, not
otherwise provided for, and may not exceed three in
any year.
5. Charqes A ainst Annual Leave:-
Charges shall be made against the employee's annual
leave credits for each work day, or half day, that
the employee is absent for sickness or injury, not
service connected, or because of the death or ser-
ic�us illness of a member of the employee's immedi-
ate family, for religious holidays, and for
vacation.
It shal,l be the duty of the immediate superior, 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.
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6. Lenc�th of Vacation : -
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(a� Normal Vacation:-
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The amount of v�acation which may be taken shall
be determined from the employee's earned balance
of annual leave at the end of the preceding cal-
endar year. The normal va�ation may not exceed
12 work days 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:-
Emplo�ees 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 2C3 days at the beginn-
ing of the year is entitled to take as vacation,
the number of days he is granted in excess of 20.
Unclassified employees, regardless of the number
of days annual leave granted, may take a longer
tY�an normal vacation when their earned balance
at the end of the preceding year exceeds 57 days.
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
€rom the previous year's earned balance, reduce
such earned balanee below 45 days.
(c) Time of Vacation:-
Vacations shall be granted at a time suitable to
the immediate superior and convenient to his work
schedule so �ar as practicable.
(d) Holidays : -
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tn�hen 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.
7. Pa,yment for Annual Leave :--
(a) Retirement or Death:-
Any earned balance of annual leave, including
credits granted in 1939 when Civil Service was
adopted, of an employee who dies while an em-
ployee of the City, or who retires under the
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terms of any City pension plan, shall be paid to
the beneficiary or employee respectively at the
rate of compensa�ion received by such employee at
the time of his death or retirement.
Res ic�nation or , Remov,al : -
(1) Any earned balance of annual leave, deducting
therefrom any credit granted in 1939 when
Civil Service was adopted, of an employee who
is removed or who resigns in good standing
shall be paid to such employee at the rate of
compensation received by such 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 re-
moved employee, if he has Regular Civil Ser-
vice status in any classification, shall for-
feit his right to re--employment either by time
limitation or by written forfeitu�e of all
Civil Service rights.
(2) Notwithstanding the provision of said Para-
graph ?(bj, any employee who shall involun-
tarily be deprived of his employr�ent with the
City of Miami Beach, due to transfer of a
function of his department to the Metropolitan
government, Dade County, or to any agency of
the State of Florida, or other iocal govern-
ment, shall be entitled to an option period of
thirty days during wh�ich time he may elect to
transfer to the Metropolitan government, 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.
Maximum Payment;-
Payment for annual leave upon resignation, re-
tirement, or death of an employee shall in n�
case exceed an amount equal ta one year's comp-
ensation at the rate of pay received by such
employee at the time of his retirement, death or
resignation.
Computation of Annual Leave Payments:-
(1) When a settlement is made for annual leave
upon resignation, retirement, or death of an
employee, payment shall be made upon the basis
of 1/10 of the employee's bi-weekly rate of
pay for each day of annual leave. Deduction
shall be made from annual leave credits prior
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to settlement for any days granted in advance
and not actually earned as of the date of res-
ignation, retirement or death.
(2j in�hen an employee uses annual leave, payment
shall be made upon the basis of 1/l0 of the
employee's bi-weekly rate of pay for each full
day charged agair�st I�is annual leave account.
8. Other Leaves with Corn�ensation•-
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With the approval of the City Council, other leaves
of absenc� with pay may be granted by the City
Manager in addition to regularly allowed leave when
such is recommended by the immediate superior for
the purpose of promoting efficiency or other good
causes.
9. In_ 7ury Service Connected:-
An employee who is absent frorn duty because of in-
jury which is the direct result of his City duties
and which is so certified by the City Physician and
the Insurance and Safety Division Supervisor and
subject to the approval of the Cit� Manager, shall
continue to receive pay during the period of such
absence. Such pay may continue for a period of
time not to exceed I3 weeks unless extended by the
City Manager with the approval of the City Council.
Pay during the period of such absence will be com-
puted as follows:
Employees who are entitled to pay be-
cause of injury service connected
will be paid an amount which is equal
to tl�e dif:Eerence between their nor-
mal City paY and the amount of com-
pensation payable under the provi-
sions of the Workmen's Compensation
Act. A normal day's pay shall be
1/10 of the bi-weekly rate of pay.
10. Military Leave:-
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All employees shall be entitled to military leave of
absence from their respective duties in accordance
with the provisions of, and subject to the conditions
set forth in Chapter 115, Florida Statutes, 1957.
SECTION 3: All ordinances�or.parts of ordinances in conflict
herewith be and the same are hereby repealed.
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STATE OF F�,OR3DA
C4UIVTY �F DADE e
�, Ro '�jP10 Le JOH�.VSON, Gity Clerk in and �or the
City of %tiami Beach, �lorida, do hereby certify that
Ordi.nance i�To 0 1�13 enti�tled �
AN ORDINANCE PROVIDING F�R THE GRANTING AN1j
THE COMPUTATION OF ANNUAL LEAVE FOR UNCLASS-
IFIED EMPLOYEES .
I
having been passed and ado�ted by the City Council of the
City o€ l�iiami Beach, Florida, has been posted by me in three
cons�icuous places in tne City o� i�iami Beach, on� o� which
was at the door ot the City Hall in said City on ths
19th day o� October, 1966 and that said Ordinance
remained �osted for a;�eriod o� at least thirty days in
accordance witl� the requirements of the City Charter oF the
said City of P�iami Beacho
IiV Vt�ITNE�S WHFREOF I have hereunto set my hand and
afrixed the official seai oz the Cit�t oi Miami Beach, Flora.da,
on this the 30th da�� o� November 1g66.
C�.� Clerk
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