Ordinance 78-2136 ORDINANCE NO. 78-2136
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AN ORDINANCE AMENDING ORDINANCE NO. 1613, PROVIDING •
FOR REDUCED ANNUAL AND SICK LEAVE BENEFITS FOR •
'•UNCLASSIFIED EMPLOYEES COMMENCING 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:
SECTION 1. That Section 2. 1 (a), of Ordinance No. 1613 reading as follows:
"1. Unclassified Employees
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(a) Less- than 10 years of service:
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Employees with less than 10 years of service shall be granted 96
Lours$ Oi annual leave and 96 hours !1f sick A:T xt1&Lc::: 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."
be and the same is amended to read as follows:
"1. Unclassified Employees •
(a) Less than 10 years of service:
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. For persons hired on or after October 1, 1978, no annual
or sick .leave will be granted during the first six months of employment
as an Unclassified employee unless the employee held Regular status
in the Classified service immediately preceeding such appointment.
Upon completion of six months employment, 48 hours of annual leave and •
48 hours of sick leave will be credited to the employee's account."
SECTION 2. That Section 2.2, of Ordinance No. 1613 reading as follows:
"2. Special 'Provisions for Employees on Military Leave:
Unclassified employees who serive 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 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."
be and the same is amended to read as follows:
"2. Special Provisions for Employees on 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 Statues, 1957. Unclassified
employees who serve in the Arlw2d Ferca: with military Ica,;a absence from
the City and who return to active amp1oyment 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 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."
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SECTION 3. That Section 2. 3, of Ordinance No. 1613 reading as follows:
"3. 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 his restriction
on accumulation. (Ord. No. 74-2016, Sec. 11"
be and the same is amended to read as follows:
"3. 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 2. 4, of Ordinance No. 1613 reading as follows:
"4. 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,"
be and the same is amended to read as follows:
"4. 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 employees 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 2. 9 (b) 2, of Ordinance No. 1613 reading as follows:
"2. Notwithstanding the provision of said Paragraph 9 (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 30 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 same is amended to read as follows:
"2. (a) For employees hired before October 1, 1978, notwithstanding the
provision of said Paragraph 9 (b), any employee who shall invol-
untarily 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 30
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 reemployment rights
provided under Civil Service rules of the City of Miami Beach.
(b) For employees hired on or after October 1, 1978, notwithstanding the
provision of said Paragraph 9 (b), any employee who shall invol-
untarily be deprived of his employment with the City of Miami Beach,
due to transfer of a function of his department to t vi, 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 30
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 reemployment 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 2. 9 (c) of Ordinance No. 1613 reading as follows:
"(c) Maximum Payments:
Payment for annual leave and sick leave upon resignation, retirement, or
death of an employee shall in no case exceed an amount equal to one year's
compensation .at, the rate of pay. received by such employee at' the time of his
retirement, death or resign::tion.
be and the same is amended to read as follows:
"(c) Maximum Payments:
(1) For employees hired before October 1, 1978, payment for annual leave
and sick leave upon resignation, retirement, or death of an employee
shall in no case exceed an amount equal to one year's compensation at
the rate of pay received by such 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 2. 12 of Ordinance No. 1613 be deleted:
"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 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.
Mayor
Attest:
1(.1 ,
.I) .6- /---,—(.,./
City Clerk
1st Reading - September 6, 1978
2nd Reading - September 20, 1978
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EXPLANATION OF AMENDMENTS TO
UNCLASSIFIED ANNUAL LEAVE ORDINANCE
SECTION 1.
1, (a) Amended to restrict the usage of annual and sick leave for
unclassified employees hired on or after October 1, 1978,
until completion of six months employment. This change
conforms with requirements of the Classified Annual Leave
program.
SECTION 2.
2. Amended to incorporate 2 and 12, both of which refer to Military Leave.
SECTION 3.
3. (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.
4. 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.
SECTION 5. (Section 2. 9 (b) (2), of Ord. No. 1613)
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 2. 9 (c), of Ord. No. 1613)
(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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