Ordinance 1738- ' ' �
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ORDINANCE NO. 1738
AN ORD I I3ANCE AMEND I NG ORD INANCE NO . 13 3 5, A LS O
HERETOFORE KNOWN AS SECTTON 6.12 OF "THE CODE
OF THE CITY 4F MIAiYII B�:�Ch., FL' C�2IDA, 1950" ,
PERTAINING T� ANNUAL LEA�TE FOR EMPLOYEES.
BE IT ORDAINED BY THE CITY (;OUNCIL OF THE CITY OF MIAMI BEACH,
Fr�oRZDA :
SECTION 1: That Ordinance No. 1335, also heretofore known as
Section 6.I2 of "The Code of the City of Miarni Beach,
Florida, 1950", be and the same is hereby amended to read as
follows:
"Section l: Annual leave and sick leave for employees shall
be granted and computed in accordance with the
following provisions and conditions:-
1. Reqular Employees:-
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Less than 10 years of service :-
Regular employees with less than 10 years
of service shall be granted 96 hours of
annual leave and 64 hours of sick leave
each year.
More than 10 but less than 2� 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 64 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)
(d)
More than 20 years of service:-
Regular emplo�ees with more than ZO 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.
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 this ordinance. Leave shall
be reduced proportionally by any part af the
pay period that such employee was absent
without compensation. Service time in
determining number of hours to be granted
shall include 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 �he United 5tates, provided, however, that
in the event an employee is absent from his
duties because of service cannected injury,
for wnich Workmen`s Compensation is payable,
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is certified b� the City Physician to be
physically able to return to his duties,
and �ails to do so, the perifld between such
certification and the employee's actual
return to his duties shall not be deemed to
be servi�e time within the meaning of this
sub-paragraph.
Proba�tionar,y Employees :-
Upon satisfactory completion of an original
Probationary period and appointment to
Regular status,72 hours annual leave and 48
hours sick leave will be granted for time
served as a Probationary employee.
Provisional. Employees:-
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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 re�eive
annual leave or sick leave.
Special Provisions for Employees on Militarv Leave:-
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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 aceordance 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 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 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:-
(a} Annual leave
360 hours at
Annual leave
December 31
accumulated.
may be accumulated to a total of
the end of each calendar year.
in excess of 360 hours on
of any year shal]. not be
Accumulation of Sick Leave:-
(a) Sick leave may be aecumulated without limit
as to number of hours. Sick leave accrued in
excess of 360 hours may be used as vacation
time within the Zimits of thas 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 immediate family will be
charged to annual leave unless the employee
requests it be charged to sick ].eave. Sick
leave can be charged to Annual leave time at
the request of the employees, if a].l sic:k
leave time has been exhausted. In e�.ther case
employee must compl�r with Section 8(b ) of
this ordinance.
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(b) Payment of annual leave for reiigious 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
extrodinary circwmstances an employee is
unable to take a vacation without serious loss
or inconvenience ta 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.
8, Us e o f S i ck Le av� s-
(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.
(b} All employees in the service of the City shall
be required to report absences from duty, not
previously arranged, t o 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.
9. Charqes Aaainst Annual Leave:-
Charges shall be made against the employee's
annual leave or sick leave credits for each
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It shall be the duty of the Department Head
in recommending payment of annual leave or
sick leave, to take into aceount the normal
days o�f 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.
Lenath of Vacation:-
(a)
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Normal Vacationa--
l. The amo�nt of vaeatian which
shall be determined from the
current bal�nce at the time
is to commence. The normal
not exceed 96 work houzs.
Lonqer than Normal Vacation:-
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may be taken
employees
the vacation
vacation may
1. Employee� 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 l,
paragraph 6(a) of this ordinance, the
maximum vacation is: for employees with
less than 10 years service 160 hours, for
employees with more than l0 but less than
20 year service 200 hours, and for
employees with more than 20 years service
240 hours.
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.
Pa�„rment for Annual, Leave :-
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(b )
Retirement or Death:-
Any earned balance of annual leave and
sick leave, including credits granted in
1939 when Civil 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 ar retirement.
Resiqnation or Removal:-
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(1)
Any earned balance of annual leave'and sick
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
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(d)
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Civil Service rights.
(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 whic h 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 Civii Service rules
of the City of Miami Beach.
Maximum Payment:-
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Payment for annual leave and sick leave
upon resignation, retirement, or death
of a Regular employee shall in no case
exceed an amount equal to one year's
compensation at the rate of pay received
by sueh Regular employee at the time of
his retirement, death or resignation.
Computation of Annual Leave PaYments:-
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(lj 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/l0 of the
emp3.oyee's bi-weekly rate of pay for each
eight hours of annual leave or sick leave.
Dedu�tion shall be made from leave credits
prior to settlement for any days granted
in advance in accordance with Section l,
paragraph 12 of this ordinance and not
actually earned as of the date of
resignation, retirement or death.
(2) When an emgioyee 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.
12. Other Leaves with Compensation:-
�+lith 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 of
promoting efficiency or other good causes.
In�ury Service Connecteda-
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
City Physician and the Supervisor of the
insurance and Safety Division and subject
the appro�ral of the City Manager, shall
continue to receive pay during the period
such absence. Such pay may continue for
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period o� 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 follaws:
Employees who are entitled to pay
because of injury service connected
will be paid an amount which is ectual
to the difference between their normal
City pay and the amount of com�ensation
payabZe under the Arovisions of the
T�?orkmen's Compensation Act. A normal
day' s pay shall be 1/10 of the bi-
wee3cly rate of pay.
Mi 1 itarv Le ave :—
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All employees shall be entitled to military
leave of absenCe fram their resL�e�tive
duties in accordance with the provisions
of� and subject to the conditions set forth
in Chapter 115, Florida Statutes, 1957."
SECTION 2: Upon the effective date o� this ordinance all
employees annual leave time will be senarated into
annual leave and sick leave. The �irst at5 days or annual leave
shall remain annual leave and any days in excess of 45 will
became sick leave. All annual leave and sick leave will be
converted to hours with one day equal to eight hours and one
half day equal to four hours.
SECTI�N 3e All ordinance or parts of ordinances in conflict
herewith be and the same are hereby repealed.
SECTION � e The hea�,�h and welfare -o� the City b�ing in peril,
�he tl�ree readings of this ordinance shall be had
in one session, and the City Council find ing that this ordinance
is necessaz� fox the imm�diate pxotection of its citizens, it
shall therefpr� go into effect imm�:uiately upon its pas�age.
PASSE.D AND ADOPTED this �+th day of December, 1968.
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Attest:
ity Clerk—Finance Director
lst reading - December 4, 1968
2nd reading - December 4, 1968
3rd reading - December 4, 1968
POSTED - December 5, 1g68
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STATE OF �'LORIDA
Ct7UNTY OF DADE :
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I, Rt3TH B. ROULEAU, City Clerk and Finance Director in
and for the City of Miami Be�ch, Florida, do hereby certify that
Ordinance No. 173$ entitled:
AN ORDINANCE AMENDING ORDINANCE N0. 1335, ALSO
HERETOFORE KNOWN AS SECTION 6.12 OF "THE CODE
OF THE CITY OF MIAMI BEACH, FLORIDA, 195�",
PERTAINING TO ANN UAL LEAVE FOR EM PLOYEES.
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�ixed the official seal of the City of Miami Beach, Florida,
on this the 19th day of February, 196g.
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