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Ordinance 1335 ORDINANCE NO. 1335 AN ORDINANCE AMENDING CHAPTER 6 OF "THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, 1950" BY ADDING A NEW SECTION THERETO, TO BE NUMBERED SECTION 6.12, AND REGULATING THE GRANTING OF ANNUAL LEAVE FOR 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 Chapter 6 of"The Code of the City of Miami Beach, Florida, 1950" be and the same is hereby amended by adding a new section thereto to follow Section 6.11 thereof and to be numbered Section 6.12, to read as follows: "Section 6.12: 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 if compensated monthly, or 26 days per year if compensated hourly. 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 if compensated monthly, or 32 days per year if compensated hourly. 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 absent without compensation. -1- OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA Service time in determining number of days to be granted above includes all time spent as an employee in the Classified 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 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. 2. Probationary Employees:- Upon satisfactory completion of an original 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 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. 4. Special Provisions for Employees on Military 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 service, prorated for any fractional part of a year at the rate of pay received upon return to employment with the City; such vacation pay shall be charged against adjusted annual leave credit. -2- OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA 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 1, 1959 will be permitted to accumulate an additional eight days of annual leave each year. 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. 6. Use of Annual Leave:- (a) Annual leave shall be used for absences because of 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 yearly vacations. (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 of a member of the employee' s immediate family, the provisions of sub- paragraph (c) herein must be fully complied with. (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 investigated by the Personnel Director -3- OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA 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) 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. 7. Charges Against Annual Leave Effective January 1, 1958:- 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 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. In general, for purposes of charging annual leave, it shall be considered that employees compensated on a monthly rate work a five-day week and that employees compensated on an hourly rate work a six-day week. Charges against annual leave shall be made only for work days. 8. Length of Vacation:- (a) Regular Employees:- The amount of vacation which may be taken shall be determined from the employee' s balance of annual leave at the end of the preceding calendar year. The normal vacation 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) Longer than Normal Vacations:- After an employee has a balance at the end of the year which exceeds 57 days, he may take a longer than normal vacation, not to exceed the total number of days he is granted for one year, so long as such vacation does not reduce the previous year' s earned balance below 45 days. -4- OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA Vacation for employees who are granted more than 20 days annual leave each year because of their length of service shall be 12 work days plus the number of days annual leave granted in excess of 20. However, if the earned balance as of the end of the previous year does not provide sufficient earned credit for a 12 day vacation, the amount of vacation which the employee may take shall be reduced by the number of days by which the earned balance falls short of providing a 12 day vacation. (c) Time of Vacations:- Vacations shall be granted at a time suitable to the Department Head and convenient to his work schedule so far as 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 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 or retirement. (b) Resignation:- Any earned balance of annual leave, deducting therefrom any credit granted in 1939 when Civil Service was adopted, of a Regular employee 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 resignation in good standing, provided that such payment shall not be made until such time as the resigned Regular employee shall forfeit his right to re-employment either by time limitation or by written forfeiture of all Civil Service rights. -5- OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA (c) Maximum Payment:- Payment for annual 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 such Regular employee at the time of his retirement, death or resignation. (d) Computation of Annual Leave Settlements:- Effective January 1, 1958, when a settlement is made for annual leave upon resignation, retirement, or death of an employee, payment shall be made for hourly employees upon the basis of 8 hours pay for each day of annual leave and for monthly employees upon the basis of one month' s pay' for each 21.67 days. 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. (e) Regular 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 that 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 employee, which ever is higher. For those employees who are in the Unclassified service on January 1, 1959 And who had previously been in the Classified Service the rate of pay used to compute payment for balance of annual leave upon separation, 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 1, 1959. If at time of separation, retirement, or death he occupies a different position than he occupied on January 1, 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 1, 1959. -6- OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA 10 . 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 of promoting efficiency or other good causes. 11. Inj u y 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 Safety Engineer and subject to the approval of the City Manager, shall continue to receive pay during the period of such absence. Such pay may continue for a period of time nqt 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 compensation payable under the provisions of the Workmen' s Compensation Act.* Computation of normal pay for employees paid on an hourly rate shall be based on eight hours per day. The normal work week of hourly paid employees may be either a 5 or 6 day week, as certified by the Department Head. 12. Military Leave:- 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 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 1, 1959. PASSED AND ADOPTED this4th day of February, 1959. 1//"--1///// /17:7;iL_ Attest:` ; Mayor ~� Wwv City C erk 1st reading - January 21, 1959 3rd reading - February 4, 1959 2nd reading - January 21, 1959 POSTED - February 4, 1959 -7- OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA STATE OF FLORIDA COUNTY OF DADE: I, R. WM. L. JOHNSON, City Clerk in and for the City of Miami Beach, Florida, do hereby certify that Ordinance No. 1335, entitled: "AN ORDINANCE AMENDING CHAPTER 6 OF 'THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, 1950 ' BY ADDING A NEW SECTION THERETO, TO BE NUMBERED SECTION 6. 12, AND REGULATING THE GRANTING OF ANNUAL LEAVE FOR EMPLOYEES; THE CONDITIONS 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 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 4th day of February, 1959, 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 loth day of March, 1959. / / 4 , City C/rk 1