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Ordinance 74-1997 ORDINANCE NO. 74-1997 AN ORDINANCE AMENDING ORDINANCE NO. 1335, AN ORDINANCE REGULATING THE GRANTING OF ANNUAL LEAVE FOR CLASSIFIED EMPLOYEES; THE CONDITIONS GOVERNING THE SAME; PROVIDING A METHOD FOR THE COMPUTATION THEREOF, AND THE COMPENSATION PAYABLE THEREFOR. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That that portion of Section 1.1 of Ordinance No. 1335, reading as follows: "1. Regular Employees :- (a) Less than 10 years of service:- Regular employees with less than 10 years of service shall be granted 96 hours of annual leave and 96 hours of sick leave 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 136 hours of annual leave and 96 hours of sick leave per , . ar. Employees who complete 10 years of employment will begin earning the additional 40 hours of annual leave on their anniversary date as specified by administrative regulations prepared in accordance with this ordinance. (c) More than 20 years of service:- Regular employees with more than 20 years of service shall be granted 176 hours of annual leave per year and 96 hours of sick leave per year. Employees who complete 20 years of employment will begin earning the additional 80 hours of annual leave on their anniversary date as specified by administrative regulations prepared in accordance with this ordinance." be and the same is hereby amended to read as follows: "1. Regular Employees :- (a) Less than 10 years of service:- Regular employees with less than 10 years of service shall be granted 96 hours of annual leave and 96 hours of sick leave, prorated biweekly, each year. A year, for purposes of this ordinance, is defined to mean from the first through the last pay period of each calendar 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 136 hours of annual leave and 96 hours of sick leave, prorated biweekly, per year upon completion of 10 years of employment. -1- . (c) More than 20 years of service:- Regular employees with more than 20 years of service shall be granted 176 hours of annual leave per year and 96 hours of sick leave, prorated biweekly, per year upon completion of 20 years of employment." SECTION 2. That that portion of Section 1.3 of Ordinance No. 1335, reading as follows: "3. Provisional Employees :- Annual leave and sick 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 of 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 or sick leave." be and the same is hereby amended to read as follows: "3. Provisional Employees:- Persons employed on a Provisional basis shall not receive annual leave or sick leave." SECTION 3. That that portion of Section 1.5 of Ordinance No. 1335, reading as follows: "5. Accumulation of Annual Leave and Sick Leave:- (a) An employee may accumulate annual leave and sick leave up to a total combined maximum of 360 hours plus 64 hours for each year of service with the City." be and the same is hereby amended to read as follows: "5. Accumulation or Forfeiture of Annual Leave and Sick Leave:- An employee may accumulate annual leave and sick leave up to a total combined maximum of 360 hours plus 64 hours for each year of service with the City. Any hours of leave in excess of above maximum will be forfeited on the last day of the last pay period of the calendar year." SECTION 4. That that portion of Section 1.6 of Ordinance No. 1335, reading as follows: "6. Transfer of Sick Leave to Annual Leave:- (a) Sick leave accrued in excess of 360 hours may be used for vacation time within the limits of this ordinance." be and the same is hereby amended to read as follows: "6. Transfer of Sick Leave to Annual Leave:- Sick leave accrued in excess of 360 hours may be used for vacation time within the limits of this ordinance." -2- • SECTION 5. That that portion of Section 1.7 of Ordinance No. 1335, reading as follows: "7. Use of Annual Leave:- (a) Vacation will be charged to annual leave time. Religious holidays and absences due to death or illness in the immediate family will be charged to annual leave unless the employee requests it be charged to sick leave. Sick leave can be charged to - inual leave time at the request of the employees, if all sick leave time has been exhausted. In either case employee must comply with Section 8 (b) of this ordinance. (b) Payment of annual leave for religious holidays shall be limited to high religious holidays, not otherwise provided for, and may not exceed three in any year. (c) In case during a particular year because of extraordinary circumstances an employee is unable to take a vacation without serious loss or inconvenience to the City, 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." be and the same is hereby amended to read as follows: "7. Use of Annual Leave:- (a) Vacation will be charged to annual leave time. Sick leave can be charged to annual leave time if all sick leave time has been exhausted. Religious holidays and absences due to death or illness in the immediate family will be charged to annual leave if all sick time has been exhausted. In any case employees must comply with Section 8(c) of this ordinance. (b) In case during a particular year because of extraordinary circumstances an employee is unable to take a vacation without serious loss or inconvenience to the City, 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 prior to the end of the last pay period in a calendar year. Such postponed vacation must be taken by the employee before he may be granted postponement of any additional vacation in future years." SECTION 6. That that portion of Section 1.8 of Ordinance No. 1335, reading as follows: "8. Use of Sick Leave:- (a) Sick leave shall be used for absences because of sickness or injury, not service connected, or if requested, can be used for absences due to death or illness in the immediate family or for religious holidays. -3- • (b) All employees in the service of the City shall be required to report absences from duty, not previously 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 absences for which compensation is claimed may be investigated by the Personnel Director and the report of a registered physician or registered nurse of his selection may be required, stating that the employee 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. (c) Holidays:- When holidays, designated as such by the City Council, fall within periods of sick leave or vacation, no charge shall be made against the employee's leave credits for the holiday." be and the same is hereby amended to read as follows: "8. Use of Sick Leave:- (a) Sick leave shall be used for absences because of sickness or injury, not service connected, for absences due to death or illness in the immediate family, and for religious holidays. (b) Payment of leave for religious holidays shall be limited to high religious holidays, not otherwise provided for, and may not exceed three in any year. (c) All employees in the service of the City shall be required to report absences from duty, not previously 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 absences for which compensation is claimed may be investi- gated by the Personnel Director and the report of a registered physician or registered nurse of his selection may be required, stating that the employee 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) Holidays:- When holidays, designated as such by the City Council, fall within periods of sick leave or vacation with pay, no charge shall be made against the employee's leave credits for the holiday." _4_ • SECTION 7. That that portion of Section 1.9 of Ordinance No. 1335, reading as follows: "9. Charges Against Annual Leave:- Charges shall be made against the employee's annual leave or sick 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 serious illness of a member of the employee's immediate family, for religious holidays, and for vacation. For one day's absence a maximum of eight hours will be charged; twelve hours for a Fireman is considered one day. It shall be the duty of the Department Head in recommending payment of annual leave or sick leave, to take into account the normal days off duty of the employee concerned and to report for use of sick leave or 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." be and the same is hereby amended to read as follows: "9. Charges Against Annual Leave and Sick Leave:- Charges shall be made against the employee's annual leave or sick leave credits for a minimum of one-half hour that the employee is absent for sickness or injury, not service connected, or because of the death or serious illness of a member of the employee's immediate family, for religious holidays, and for vacation. Twelve hours for a Fireman is considered an eight-hour day. It shall be the duty of the department head in recommending payment of annual leave or sick leave, to take into account the normal days off duty of the employee concerned and to report for use of sick leave or annual leave only that time that the employee is normally required to work. It shall be.considered that all employees work a 40-hour week." SECTION 8. That that portion of Section 1.10 of Ordinance No. 1335, reading as follows: "10. Length of Vacation:- (a) Normal Vacation:- 1. The amount of vacation which may be taken shall be determined from the employees current balance at the time the vacation is to commence. The normal vacation may not exceed 96 work hours. (b) Longer than Normal Vacation:- 1. Employees who receive more than 96 hours annual leave per year may add to their vacation the number of hours of annual leave earned in excess of 96. If an employee has additional annual leave to his credit or if sick leaue is converted to vacation in accordance with Section 1, paragraph 6 (a) of this ordinance, the maximum vacation is : for employees with less than 10 years service 192 hours, for employees with more than 10 but less than 20 year service 232 hours, and for employees • with more than 20 yeas service 272 hours. -5- (c) Time of Vacations:- 1. Vacations shall be granted at a time suitable to the Department Head and convenient to his work schedule as far as practicable." be and the same is hereby amended to read as follows : "10. Length of Vacation:- (a) Normal Vacation:- The amount of vacation which may be taken shall be determined from the employee's current balance at the time the vacation is to commence. The normal vacation may not exceed 96 work hours. (b) Longer than Normal Vacation:- Employees who receive more than 96 hours annual leave per year may add to their vacation the number of hours of annual leave earned in excess of 96. If an employee has additional annual leave to his credit or if sick leave is converted to vacation in accordance with Section 1, para- graph 6 of this ordinance, the maximum vacation is: for employees with less than 10 years service 192 hours, for employees with more than 10 but less than 20 years service 232 hours, and for employees with more than 20 years service 272 hours. (c) Time of Vacations:- Vacations shall be granted at a time suitable to the Department Head and convenient to his work schedule as far as practicable." SECTION 9. That that portion of Section 1.11 of Ordinance No. 1335, reading as follows: "11. Payment for Annual Leave:- (b) Resignation or Removal:- (2) Notwithstanding the provision of said Paragraph 9 (b) , any employee who shall voluntarily be deprived of his employment 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 local government, shall be entitled to an option period of thirty days during which time he may elect to transfer to the Metropolitan government, Dade County, agency of the State of Florida, or other local government any part of the entire portion of his earned annual leave and sick leave balance without forfeiture of re-employment rights provided under Civil Service rules of the City of Miami Beach. -6- • *t. (d) 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 eight hours of annual leave or sick leave. Deduction shall be made from leave credits prior to settlement for any days granted in advance in accordance with Section 1, paragraph 12 of this ordinance and not actually earned as of the date of resignation, retirement or death. (2) When an employee uses annual leave or sick leave, payment shall be made upon the basis of 1/10 of the employee's bi-weekly rate of pay for each eight hours charged against his annual leave or sick leave account." be and the same is hereby amended to read as follows: "11. Payment for Annual Leave:- (b) Resignation or Removal:- (2) Notwithstanding the provision of said Paragraph 11 (b) , any employee who shall involuntarily be deprived of his employment 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 local government, shall be entitled to an option period of thirty days during which 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 and sick leave balance without forfeiture of re-employment rights provided under Civil Service rules of the City of Miami Beach. (d) 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 the employee's hourly rate of pay for each hour of annual and sick leave credited to his account. Deduction shall be made from leave credits prior to settlement for any hours rx: rLted in advance in accordance with Section 1, para- graph 12 of this ordinance and not actually earned as of the date of resignation, retirement or death. (2) When an employee uses annual leave or sick leave, payment shall be made upon the basis of the employee's hourly rate of pay for each hour charged against his annual or sick leave account." -7_ SECTION 10. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 11. That this ordinance shall go into effect immediately upon its passage and posting as required by law. PASSED and ADOPTED this 15th day of May , 1974. Mayor Attest: City Clerk 1st reading - April 17, 1974 2nd reading - May 15, 1974 POSTED - May 16, 1974 -8- • STATE OF FLORIDA COUNTY OF DADE: I , ELAINE MATTHEWS, City Clerk, in and for the City of Miami Beach, Florida, do hereby certify that Ordinance No. 74-1997 entitled: AN ORDINANCE AMENDING ORDINANCE NO. 1335, AN ORDINANCE REGULATING THE GRANTING OF ANNUAL LEAVE FOR CLASSIFIED EMPLOYEES; THE CONDI - TIONS GOVERNING THE SAME; PROVIDING A METHOD FOR THE COMPUTATION THEREOF, AND THE COMPENSATION PAYABLE THEREFOR. having been passed and adopted by the City Council of the City of Miami Beach, Florida, has been posted by me at the door of the City Hall in said City on the 16th day of May , 1974, and that said Ordinance remained posted for a period of at least thirty days in accordance with the requirements of the City Charter of the said City of Miami Beach. IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Miami Beach, Florida, on this the 19th day of June , 1974. City Clerk 1� M 0 6110 1 O N > to RJ CU Q • N 2: O -J >- -- Z 0 c.D - LU (Z 0- E E O Z C W Q Z Q -0 4) 0 Q)•- 1Y C 4- -0 tn r V) W tQ E <