Ordinance 1737� ���.�� �
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ORDINAI�TCE NO. 1737
AN ORi�INANCE AMENDING ORDINAL�'CE NO . 1613 ,
ENTITLEDe "AN ORDINANCE PROVIDING F4R
THE GRA.NTING AND THE COMPUTATION OF ANNUAL
LEAVE FOR UNCLASS IFIED EMPLOYEES"
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH,
FLORIDA :
SECTION 1 That Section 2 of Ordinance No. 1613 of the City of
Miami Beach, Florida be and the same is hereby amended
to read as follows:
� "SECTION 2: Annual leave and sick leave for Unclassified
employees shall be granted and computed in
� accordance with the following provisions and conditions:
la Unclassified Emplovees
(a) Less than 10 years of se�vice:
Employees with less than 10 years of service shall
be granted. 96 hours of annual leave and G4 hours
of sick leave each year.
(b ) Niore than 10 but less than 2 0 years of service :
Employees with more than 10 but less than 2 0 years
of service shall be granted 136 hours of annual
leave and v4 hours of sick leave per year.
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 2 � years of serviee :
Employees with more than 20 years of service shall
be granted 176 hours of annual leave per year and
64 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.
(d) General:
Annual. leave and sick leave shall be granted in hours
on a pay period basis as specified by administrative
regulations prepared in accordance with th is ordinance.
Leave shall be reduced proportionally by any part
of the pay period that such e�ctployee was absent
��ithout compensation. Service time in deter.zr�ining
number of hours to be granted shall include all
time spent as an employee in the Classified or
Unclassified S ervice regardless of status for which
compensation has been paid and time while on
approved military leave for servi oe in the Armed
Forces of the United S tates, 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 Fhysician to be physically able to return
to his duties, and fails to do so, the period between
such certification and the ernployee's actual return
to his duties shall not be deemed to be service time
within the rneaning of this sub-paragraph.
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"2 . S pec ia 1 Prov is ions f or Emp lovees on P�ti 1 itarv Leave :
30
40
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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 leave in the
same amount as if they had been working for the
City. Upon return to active ernployment 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 servicea S 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 adjusted annual leave credit.
Accumulation of Annual Leave:
Annual leave rnay be accumulated to a total of 364
hours at the end of each calendar year. Annual
leave in excess of 360 hours on December 31 of any
year shall not be accumulated.
Accumulation of S ick Leave:
S ick leave may be accumulated. without limit as to
number of hours. S ick leave accrued in excess of
360 hours may be used as vacation time within the
limit� of this ordinance.
Use of Annual Leave:
(a) Vacation will be charged to annual leave time.
Religious holidays and absences due to death
or illness in the im�ediate family will be
charged to annual leave unless the employee
requests that it be charged to sick leave.
S ick leave can be charged to annual leave time
at the request of the employee, if all sick
leave time has been exhausted. In either case,
the e�nployee must cornply with Section 2,
Paragraph 6(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 withaut serious loss
or inconvenience to the City, the employee may
be permitted to postpone taking this particular
vacatian for up to three years if approved by
the City Manager. Such postponed vacation
must be taken by the employee before he may be
qranted postponement of any additional vacation
in future yearso
Use of S ick Leave :
(aj S ick 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.
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"(b) Unclassified employees shall be required to
report absences from duty, 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 reported
as specified the first day, together with a
statement of the approxin�►aate length of time
such absence is expected to continue.
(c ) Hol idavs :
�i'hen holidays, designated as such by the City
Council, fall within periods of s ick leave or
vacation, no charge shall be made against the
employee's leave credits for the holidayo
Charctes Aqainst Annual Leave s
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Charges shall be made against the employee's ar�nual
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 chargedo
It shall be the duty of the im*nediate superior in
recon�mending 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 norma.11y required to work.
It shall be considered that all employees work a
five-day week.
Lenqth of Vacation:
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(a)
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Normal Vacation:
The amount of vacation which may be taken
shall he determined from the employee's current
balance at the time the vacation is to commence.
The normal vacation may not exceed 96 work hours.
Lonqer than Normal Vacation:
Emplayees 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 96a If an employee has additional
annual leave to his credit or if sick leave is
converted to vacation in accordance vvith
Section 2, Paragraph 4(a) of this ordinance,
the maximum vacation is a for employees with
less than 10 years service 160 hours, for
employees with rnore than 10 but less than 2 0
years service 200 hours, and for employees with
more than 20 years service 240 hourso
Time of Vacations :
Vacations shall be granted at a time suitable
to the immediate superior and convenient to
his work schedule as far as practicable.
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"9e Payment �or Annual Leave:
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(a) Retirement or Death:
Any earned balance of annual leave and sick
leave, including credits granted in 1939
when Civil Service was adopted, of an 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 e;nployee at the time of his
death or retirement.
(b) ResiQnation or Rernovalo
1. Any earned balance o� annual leave and
sick 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
ta such en�loyee at the rate of compensation
received by such employee at the time of
his re�noval or his resignation in good
standing, provided that such payment shall
not be made until such time as the res igned
or removed employee, i� he has Regular
Civil Service status in any classification,
shall forreit hi.s right to re-e�nplo�ment
either by time limitation or by written
forfeiture of all Civil Service rights.
2. Notwithstanding the provision o� said
Paragraph 9(b), any employee who shall
involuntarily be deprived of his ernployment
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 lacal government, shall be
entitled to an option period of 34 days
during which time he may elect to transfer
to the 1�2etropolitan government, Dade County,
agency of the State of Florida, or other
local government any gart or the entire
portion of his earned annual leave and
sick leave balance without forfeiture of
re-emplo�rment rights provided under Civil
Service rules of the City of Miami Beacho
(c ) Maximum Pavments :
Payment for annual leave and siak leave upon
resignation, retirement, or death of an employee
shall in no case exceed an arnount equal to
one year's compensation at the rate o
received by such employee at the time
retirernent, death or resiqnation.
Computation of Annual Leave Pavments:
When a settlernent 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 o� pay for each eight hours of
annual leave or sick leave. Deduction
sha11 be ma.de from leave credits prior to
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"settlement for any days granted in advance
in ac�ordance with Section 2, Paragraph 10
of this ordinance and not actually earned
as of the date of resignation, retirement
or death.
20 �1hen 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 o�E pay for each eight hours
eharged against his annual leave or sick
leave account.
10. 4ther Leaves wi�h Compensation:
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�r�ith the approval of the City Council, other leaves
of absence with pay may be granted by the City
r�ianager in addition to regularly allowed leave
when such is reeommended by the immediate superior
for the purpose of promoting efficiency or other
good causes.
11. In�ury Service-Connected o
An employee 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 �:.�3�::-:��:�:.c:e Su����:•visor and subject to the approval
of the City r�anager, shall continue to receive pay
durinq the periad of such absence. Such pay may
continue �or 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
injury service-connected will be paid an
amount which is equal to the difference between
their normal City pay and the amount of
compensatian payable under the provisions of
the T�orkmen's Compensation Act. A normal day's
pay shall be 1/14 oi the bi-weekly rate of pay.
12. Militarv Leave:
All employees shall be entitled to military leave
of absence from their respective duties in
accordance with �he provisions of, and subject to
the conditions s�t forth in, Chapter 115, Florida
S tatutes, 1957."
SECTION 2 Upon the effective date of this ordinance all employees'
annual leave time will be separated into annual leave
and sick leavea The first 45 days of annual leave shall remain
annual leave and any days in excess or 45 will become sick leaveo
Al1 annual leave and sick leave will be converted to
hours with one day equal to eight hours and one half--day
equal to four hourso
SECTION 3 A 11 ord inances or parts of ordinances in coriflict
herewith be and the same are hereby repealed.
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SECTION 4 The health and welfare of the City being in peril, the
three read ings of this ordinance shali be had in one
session and the City Council finding that this ordinance is necessary
for the immediate protection of its citizens, it sha11 therefore
go into effeet immediately upon �.ts passage,
SECTION 5 This ordinance shall go into effect as of January 1, 1969.
PASSED AND ADOPTED this 4th day o� December, 1968.
Attest :
�ity Clerk--Finance D irector
lst reading - December 4, 1g68
2nd reading - December 4, 1968
3rd reading - December 4, 1g68
POSTED - December 5, 1968
STATE OF �LORIDA
COUNTY OF DADE:
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I, RUTH B. ROULEAU, City Clerk and Finance Director in
; and for the City of Miami Beach, Florida, do hereby certify that
+ Ordinance No. 1737 entitled:
I
AN ORDINANCE AMENDING ORDINANCE N0. 1613, ENTITLED: "AN
, ORDINANCE PROVIDING FOR THE GRANTING AND THE COMPUTATION
OF ANNUAL LEAVE FOR UNCLASSIFIED EMPLOYEESrr
having been passed and adopted by the City Council of the City of
Miami Beach, Florida, has been posted by me in three conspicuous ;
places in the City of Miami Beach, one of which was at the door
of the City Hall in said City on the 5th day of December, 1968,
and that said 4rdinance 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
af f ixed the of f icial seal of the City of Miami Beach, Florida,
on this the � 9th day of February, 1 g69.
City Clerk and Finance Director
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