Ordinance 78-2135 • ORDINANCE NO. 78-2135
AN ORDINANCE AMENDING ORDINANCE NO. 1335, PROVIDING FOR
REDUCED ANNUAL AND SICK LEAVE BENEFITS FOR CLASSIFIED
.EMPLOYEES CONXENCING THEIR EMPLOYMENT WITH THE CITY OF •
MIAMI BEACH ON OR AFTER THE EFFECTIVE DATE OF THIS.
ORDINANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, ,FLORIDA:
SECTIO*, 1. That Section 1. 3, of Ordinance No. 1335 reading as follows:
"3. Employees -
Persons
mpioyees -Persons employed on a Provisional basis shall not receive annual leave or
sick leave."
be and the same is amended to read as follows:
"3. Provisional Employees:-
. Persons employed on a Provisional basis shall not receive annual leave or
sick leave. However, employees who earned annual and sick leave time as
Unclassified employees and immediately following such are appointed to
Probationary or Provisional status in the Classified Service are permitted
to use their accrued time during their Probationary or Provisional status."
SECTION 2. That Section 1. 4, of Ordinance No. 1335 reading as follows:
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• "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
Gicy in acculdance v/ieh the tei.i s o the military leave �E �;.;�„aac cha l
�,
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 em-
ployment 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."
be and the same is amended to read as follows:
"4. Special Provisions for Employees on 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. 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 wit the City, be granted leave in the same amount as
if they hal been working for the City. Upon return to active employment
with the City, ti a employee shall be paid i; cash for the v .:.a •.. n he wou7..
have been entitled to had he not been called into military service. Such
payment will be at the rate of pay received upon rceurn to employment with
the City and such vacation pay shall be charged against adjusted annual
leave credit." •
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SECTION 3. That Section 1.5 of Ordinance No. 1335 reading as follows:
`5. Accumulation or Forfeiture 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. 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.
(b) Effective with the first pay period ending in the year 1975,
employees must use all annual leave during the pay period year
in which such leave is earned. Detailed administrative regulations
will be issued prior to January 1, 1975 relative to this
restriction on accumulation. (Ord. No. 74-2017, Sec. 1)."
be and the same is amended to read as follows:
"5. Accumulation or Forfeiture of Annual Leave and Sick Leave:-
(a) Employees hired prior to October 1, 1978, 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. For employees
hired on or after October 1, 1978, there is no provision for
accumulation of annual leave.
(b) Effective with the first pay period ending in the year 1975,
employees must use all annual leave during the pay period year
following that in which such leave is earned.
SECTION 4. That Section 1. 6 of Ordinance No. 1335 reading as follows:
"b. Transfer of Sick Leave to Annual Leave:-
Sick leave accrued in excesb of 360 h uis may as used for vacatioi time
within the limits of this ordinance."
be and the same is amended to read as follows:
"6. Transfer of Sick Leave to Annual Leave:-
(a) For employees hired prior to October 1, 1978, sick leave accrued
in excess of 360 hours may be used for vacation time within the
limits of this ordinance.
(b) For employee hired on or after October 1, 1978, sick leave
accrued in excess of 360 hours may be transferred to annual
leave at the rate of two days of sick leave to one day of annual
leave; such transferred leave must be used during the pay period
year in which it is transferred."
SECTION 5. That Section 1. 11 (b) (2), of Ordinance No. 1335 reading as follows:
"(2) Notwithstanding the provision of said Paragraph 11 (b), any employee
who shall involuntarily be deprived of his employment with the City
of Miami Leach, due to transfer of a function of his department to the
Metropolitan government, Dade County, or to any ageacy of the SLJte
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."
be and the sane is amended to read as follows:
"(2) (a) For employees hired before October 1, 1978, 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 transax 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.
(b) For employee hired on or after October 1, 1978, 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 nis 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. However, if the employee
elects to both transfer a portion of his earned annual and sick
leave and receive payment for the balance from the City of Miami
Beach, the combined maximum for transfer and payment for annual
leave shall be 360 hours, and the combined maximum for transfer
and payment for sick leave shall be one half of balance to a
maximum of 360 hours."
SECTION 6. That Section 1. 11 (c), of Ordinance No. 1335 reading as follows:
"(c) Maximum Payment:-
Payment for annual leave and sick leave upon resignation, retirement,
e' death of a Regular employee shall in no case exceed ar 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."
be and the same is amended to read as follows:
"(c) Maximum Payment:-
(1) For employees hired before October 1, 1978, payment of 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 such
Regular employee at the time of his retirement, death or
resignation.
(2) For employees hired on or after October 1, 1978, the maximum
annual leave for which an employee or his beneficiary may be
paid is 360 hours. The maximum sick leave for which an employee
or his beneficiary may be paid is one half of his sick leave
balance to a maximum of 360 hours."
SECTION 7. That the following Section 1. 14 of Ordinance No. 1335 be deleted:
"14. 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 8. That all ordinances or parts of ordinances in conflict herewith be and
the same are hereby repealed.
SECTION 9. This ordinance shall become effective as of October 1, 1978.
PASSED AND ADOPTED this 20th day of September ,1978.
1 / '
r
Mayor
Attest:
Ail
City Clerk •
1st Reading — September 6, 1978
2nd Reading - September 20, 1978
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EXPLANATION OF AMENDMENTS TO
CLASSIFIED ANNUAL LEAVE ORDINANCE #1335
SECTION 1.
3. Provisional Employees: Heretofore, employees who earned annual and sick
time as unclassified employees could not use this time, when appointed
Provisional or Probationary, until they attained Regular status.. This
amendment provides that employees with earned annual and/or sick time as
unclassified employees, could use this time while in a Provisional or
Probationary status.
SECTTON 2,
4. Amended to incorporate both #4 and #14, both of which refer to Military
Leave.
SECTION 3.
5. (a) Amended to read that there is no provision for accumulation of annual
leave for employees hired on or after October 1, 1978.
(b) Amended to provide that annual leave must be used during pay period
year following that in which earned rather than during pay period
year in which earned.
SECTION 4.
6. This amendment provides for transfer of sick leave in excess of 360 hours
to annual leave at the rate of two sick days to one annual day to be used
in same pay period year as when transferred for employees hired on or after
October 1, 1978. Prior ruling provided for sick leave in excess of 360 hours
to be transferred to annual leave for vacation use.
SECiTIOi_ r`. 1. 11 (b) (2), of Ord. Id). 1335)
(2) Amended to provide that as a result of transfer of an employee to Metro
Dade County, the maximum amount of annual and sick leave to be paid the
employee and transferred to Metro will not exceed the new annual and
sick leave maximum for employees hired on or after October 1, 1978.
SECTION 6. (Section 1. 11 (c), of Ord. No. 1335)
(c) Maximum payments: Amended to change maximum payment from one year's pay
for combination of sick and annual leave to 360 hours for annual leave and
one half of sick leave balance to a maximum of 360 hours for employees hired
on or after October 1, 1978.
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