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HomeMy WebLinkAbout020392 ORD - 07/19/1988AN ORDINANCE AMENDING ORDINANCE 17728, THE CITY'S COMPENSATION AND CLASSIFICATION PLAN, REGARDING THE ACCRUAL AND USE OF VACATION, SICK AND PERSONAL LEAVE BY CITY EMPLOYEES; PROVIDING THAT EMPLOYEES MAY ELECT TO PARTICIPATE UNDER DIFFERENT LEAVE PLANS; REVISING THE CITY'S DISABILITY LEAVE POLICY; PROVIDING FOR SEVERANCE AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Ordinance 17728, as amended, is amended by deleting Sections 951.1 through 953.5, inclusive, and substituting therefor the following new Sections: 950 LEAVES OF ABSENCE 951.0 Plan I Employees. Sections 951.1 through 951.14, below, apply only to (a) eligible employees hired on or after August 1, 1988, and (b) eligible employees hired prior to August 1, 1988, who have elected prior to August 1, 1988, to participate under the provisions of Sections 951.1 through 951.14. These employees may be referred to herein as "Plan I Employees." Plan I Employees shall not include: (1) part-time employees; (2) temporary employees, and (3) employees in the Fire and Police collective bargaining units. 951.1 Vacation Leave Accrual. Plan I Employees earn vacation leave by pay period on the basis of 40 base hours per week or if less than 40 hours per week, on a pro -rated basis. Accrual rates are as follows: Years of Service Accrual Rate/Days 0-05 11 06-14 13 15-29 18 30+ 21 951.2 Use of Vacation Leave. No vacation leave will be granted to an employee until a minimum of six calendar months of service has been completed. Leave may be granted in periods of not less than one day, unless approved by the department head. Official City holidays occurring during an employee's vacation shall not be considered or charged as part of that vacation. 951.3 Advance Vacation Leave for Managerial Group. The City Manager shall have authority to grant advance vacation days and establish the rate of accrual for vacation leave for Plan I Employees in the Managerial Group. 101AT115.ORD 1 20392 MICROFILMED 951.4 Accumulation of Vacation Leave. Vacation leave credit may be accumulated by Plan I Employees to a maximum of 30 work days. No more than 30 work days of accumulated vacation credit will be paid to a Plan I Employee or his beneficiary upon termination, retirement, or death. 951.5 Cash -in of Vacation Leave. Plan I Employees with more than 15 days of accumulated vacation credit will be allowed to "cash -in" vacation days at the rate of one day's equivalent pay for each vacation day actually taken off during the calendar year, up to a maximum of five days. 951.6 Vacation in lieu of Sick Leave. Absence due to sickness, injury, or disability in excess of any leave authorized for such reasons may be charged against vacation leave allowance if requested by the employee and approved by the department head. 951.7 Scheduling and Records of Vacation Leave. Each department shall keep necessary records of vacation leave accumulated and shall schedule vacation leave with particu- lar regard to the seniority of employees in accordance with the operating requirements and, as far as possible, with the requests of the employees. 951.8 Personal Leave. Effective August 1 of each year, each eligible Plan I Employee shall receive three personal leave days to be used under guidelines promulgated by the City Manager. Personal leave days are non -cumulative and must be taken within the fiscal year received. 951.9 Sick Leave Accrual and Accumulation. All eligible Plan I Employees earn and are allowed sick leave at the rate of 12 working days for each year of continuous service, accrued on the basis of 26 bi-weekly pay periods. Sick leave may be accumulated to a maximum of 120 work days. 951.10 Sick Leave for Managerial Group. The City Manager shall have the authority to grant advance sick leave days and to establish the rate of accrual for sick leave for all Managerial Group employees. 951.11 Use of Sick Leave. Sick leave allowance may be used only when an employee is incapacitated due to sickness, non -service -connected disability, when quarantined, or in the event of a serious illness or death in the employee's immediate family. The immediate family for these purposes shall be regarded to include the employee's parents, spouse, children, brothers, sisters, immediate in-laws, grand- parents, and grandchildren. All foreseeable use of sick leave shall require specific prior approval of the depart- ment head. In the event of sick leave for any purpose, the department head may require a certificate of a medical 101AT115.ORD 2 doctor or other competent professional giving information as to the circumstances involved. 951.12 Payment of Sick Leave Upon Termination. If the employment of a Plan I Employee terminates due to TMRS dis- ability or service retirement or termination at age 62 or over upon completion of a minimum of ten years' continuous service or upon death, the employee or his designated beneficiary shall be eligible for payment of accumulated sick leave credit on a two-for-one basis. Up to 90 work days of accumulated sick leave credit may be cashed in for the equivalent of up to 45 days' pay. Payment shall be calculated at the rate of the employee's last monthly salary or hourly rate. 951.13 Cash -in of Sick Leave. At the beginning of each calendar year, a Plan I Employee who has at least 30 days of accumulated sick leave may cash in up to four days of accumulated sick leave at 50% of salary, provided that the employee has accumulated at least eight days of sick leave credit during the previous calendar year. 951.14 Disability Income Protection Plan. Plan I Employees will automatically be members of the City's disability income protection plan and eligible to apply for extended benefits under that plan. The Risk Manager shall be the administrator of the plan on behalf of the City and member employees. The employee's cost of membership in the plan will be paid for equally by the City and the member emplo- yee. Any supplemental income protection available beyond the basic plan coverage will be solely at the expense of the employee. 952.0 Plan II Employees. Sections 952.1 through 952.14, below, apply only to employees hired prior to August 1, 1988, who have elected not to participate under Sections 951.1 through 951.14. These employees may be referred to herein as "Plan II Employees." Plan II Employees shall not include (1) part-time employees; (2) temporary employees; (3) employees in the Fire and Police collective bargaining units or (4) Plan I Employees. 952.1 Vacation Leave Accrual. Plan II Employees earn vacation leave as follows: A. All Plan II Employees hired after August 9, 1981, earn vacation leave with pay at the rate of 10 working days for each year of continuous service, on the basis of 26 biweekly pay periods per year. Plan II Employees hired before August 10, 1981, earn vacation leave with pay at the rate of 12 working days for each year of continuous service, on the basis of 26 biweekly pay periods per year. Plan II Employees hired after August 9, 1981, who are regularly required to work more or 101AT115.ORD 3 less hours per week than set forth in the above schedule, shall earn vacation leave with pay in the same ratio as 10 working days bears to 40 hours. B. Plan II Employees hired after August 9, 1981, who have completed 5 years of continuous service with the City shall begin to accrue and be allowed an annual total of 12 working days' vacation leave with pay. Plan II Employees who have completed 15 years of continuous service with the City shall begin to accrue and be allowed an annual total of 17 working days' vacation leave with pay. Plan II Employees who have completed 30 years of conti- nuous service with the City shall begin to accrue and be allowed an annual total of 20 working days' vacation leave with pay. C. Effective August 1, 1982, Plan II Employees eligible to accrue vacation leave, with the exception of Fire and Police covered by collective bargaining, shall be granted one additional day of vacation. Thereafter, beginning on July 26, 1982, they shall begin to accrue one additional day of vacation above their normal vacation accrual. Plan II Employees hired after July 26, 1982, who are eligible to accrue vacation shall accrue vacation leave in the same ratio as 11 working days bears to 40 hours. 952.2 Accumulation and Use of Vacation Leave. Vacation leave credit may be accumulated without limit by all Plan II Employees, and leave may be granted in periods of not less than one day, unless approved by the department head, and not more than 30 working days in any calendar year unless in connection with sick leave and/or work injury leave; howev- er, employees who regularly work one-half day on the sixth working day of a week may take vacation in the amount of one-half day providing it is taken concurrently with other days of authorized vacation leave. No vacation credit shall be granted unless the employee has been employed for a period of time in excess of six months. 952.3 Cash -in of Vacation Leave. Plan II Employees with more than 30 days of accrued vacation shall be allowed to "cash -in" accrued vacation days at the rate of one day's equivalent payment for each vacation day taken off during the calendar year up to a maximum of 5 days' direct payment per calendar year. 952.4 Use of Vacation in Lieu of Sick Leave. Absence on account of sickness, injury, or disability in excess of that hereinafter authorized for such purposes may, at the request 101AT115.ORD 4 of the employee and within the discretion of the department head, be charged against vacation leave allowance. 952.5 Payment of Vacation Leave Upon Termination. No vacation credit shall be paid at termination unless the employee has been employed for a period of time in excess of 12 months. No more than 30 working days of vacation shall be paid an employee upon termination except as provided below: All accrued vacation shall be paid to Plan II Employees or their beneficiaries upon termination due to TMRS retirement of any full-time employee, termination at age 62 or over upon completion of a minimum of 10 years' continuous service with the City, disability retirement in accordance with TMRS or Social Security regulations, or death. 952.6 City Holidays. Official City holidays occurring during an employee's vacation shall not be considered or charged as a part of the employee's vacation. 952.7 Scheduling and Records of Vacation Leave. Each department shall keep necessary records of vacation leave allowance and shall schedule vacation leave with particular regard to seniority of the employees, in accordance with the operating requirements, and insofar as possible, with the requests of employees. 952.8 Advance Vacation for Managerial Group. The City Manager shall have authority to grant advance vacation and sick leave days and establish the rate of accrual for vacation and sick leave for Managerial Group Employees. 952.9 Mandatory Annual Use of Vacation Leave. Because vacation leave is a benefit for employees to provide paid time away from work for purposes of relaxation, personal development, and enjoyment of life, and because Plan II Employees may accumulate vacation leave without limit, all Plan II Employees are required to take a minimum of five work days each calendar year as vacation. 952.10 Personal Leave. Effective August 1 of each year, commencing in 1987, each Plan II Employee not within the Fire and Police collective bargaining units shall receive three personal leave days to be used under guidelines promulgated by the City Manager. Personal leave days are non -cumulative and must be taken within the fiscal year received, and not thereafter. 952.11 Sick Leave. Plan II Employees shall accrue and be allowed sick leave with pay at the rate of 12 working days for each year of continuous service to be accrued on the basis of 26 biweekly pay periods. 101AT115.ORD 5 952.12 Use of Sick Leave. Any Plan II Employee of the Sanitation Division required to work on a sixth day in any week will, when absent on the sixth day, due to "sick leave", as directed below, be charged one full day of sick leave. Sick leave allowance may be used only by an employee when incapacitated to perform his duties due to sickness or non -service -connected disability, when quarantined, or in the event of a serious illness or death in the employee's immediate family. All foreseeable leaves for such purposes shall require specific prior approval of the department head. In the event of sick leave for any purpose, the department head may require a certificate of a medical doctor or other competent professional individual giving information as to the circumstances involved. The immediate family for these purposes shall be regarded to include the employee's parents, spouse, children, brothers, sisters, and immediate in-laws in any case, and also shall include grandparents and grandchildren when living in the household of the employee. 952.13 Payment of Sick Leave Upon Termination. Payment of accrued sick leave not to exceed 90 working days shall be paid to all Plan II Employees or their beneficiaries upon termination due to TMRS retirement of any full-time employ- ee, termination at age 62 or over upon completion of a minimum of 10 years' continuous service with the City, disability retirement in accordance with TMRS or Social Security regulations, or death. Payment of such accrued sick leave shall be at the rate of the employee's last monthly salary or hourly rate for an equivalent period. 952.14 Cash -in of Sick Leave. Plan II Employees who have accrued 90 days or more sick leave shall be eligible to annually "cash -in," at their regular salary rate, 50% of all unused sick leave days accrued during the prior year over 8 days. 953.0 DISABILITY LEAVE. 953.1 Employees who are included in the Fire or Police collective bargaining units shall not be charged sick leave in connection with injuries sustained in the line of duty, but shall be paid disability leave in accordance with state law, in an amount not to exceed their regular salary. 953.2 All employees other than those included in the Fire or Police collective bargaining units who are injured while in the course of their employment and whose injuries neces- sitate absence from work shall be subject to the provisions of the Texas Workers' Compensation Act, and the employee shall be considered absent without pay for any days he is absent from work in connection with that injury. 101AT115.ORD 6 953.3 All employees other than those included in the Fire or Police collective bargaining units, who are unable to perform their full job duties as the result of any injury or illness, whether job-related or not, shall be subject to the terms and provisions of the City's Official Policy regarding Employee Disability, as such Policy may be amended from time to time. Such Policy, as it may be amended from time to time, is incorporated herein by reference to the same extent as if such Policy were set out in full in this Section. 953.4 There is hereby created a Disability Review Commit- tee, composed of the Director of Human Resources, the Risk Manager, a representative from the City Attorney's office, and a representative of the City Physician's office or medical clinic. The Disability Review Committee shall have the duties, powers, and responsibilities set out in the City's Official Policy regarding Employee Disability. SECTION 2. If for any reason any section, para- graph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purposes. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at three regular meetings so that this ordinance is passed and shall take effect upon irst reading as an emergency measure this the /9441 day of , 19(a. ATTEST: ity Secretary • WOR, T CITY OF CORPUS CHRISTI, TEXAS APPROVED: /4M DAY OF , 19EL Hal Geo •- City At By Assistant City Attorn:y 101AT115.ORD 7 Corpus Christi, Texas /94 -Pt day of , 1987 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, MA/OR Council Members The above ordinance was Betty N. Turner David Berlanga, Sr. Leo Guerrero Clif Moss Bill Pruet Mary Rhodes Frank Schwing, Jr. Mary Pat Slavik Linda Strong 99.045.01 414,k6L_ THE CITY OF CORPUS CHRISTI, TEXAS passed by the following vote: 6 -up Citua at -p 20392