§ 3-108. LEAVE FOR VACATION.

(a)

All employees who are employed in permanent positions at fixed monthly or yearly salaries, except members of the fire fighting forces who work a twenty-four hour shift, shall accumulate vacation leave with pay, for each completed calendar month of employment, at the following rates:

(1)

For such employees who have been continuously employed by the city for less than ten years, the rate shall be eight hours; except, however:

(i)

For such employees in the Management and Confidential Group, the rate shall be ten hours;

(ii)

For such employees in the Nonsupervisory Blue Collar Unit with five years or more, but less than ten years of such employment, the rate shall be eight and two-thirds hours.

(2)

For such employees who have been continuously employed by the city for ten years or more, but less than twenty years, ten hours; except, however, for such employees in the Management and Confidential Group with ten years or more of such employment, the rate shall be thirteen and one-third hours.

(3)

For such employees who have been continuously employed by the city for twenty years or more, the rate shall be thirteen and one-third hours.

When any such employee commences work on or before the fifteenth day of a calendar month, he shall be credited with one working day of vacation leave for that month. Entitlement to vacation leave accumulation at the rates specified in this subsection shall commence on the first day of the month following the date on which the employee shall have been continuously employed for the prescribed period.

(b)

Employees engaged in permanent regular continuous part-time service and paid on an hourly basis excluding those employees in the groups and crafts whose compensation is fixed on an hourly basis in accordance with the second paragraph of Section 809 of the Charter, shall be granted as vacation leave eight hours' working time for every one hundred sixty hours worked, but not more than ninety-six hours' working time in any fiscal year.

(c)

Members of the fire fighting forces who work a twenty-four hour shift shall accumulate vacation leave with pay, for each completed calendar month of employment, at the following rates:

(1)

One-half of a working shift for members who have been continuously employed for less than ten years.

(2)

Five-eighths of a working shift for members who have been continuously employed for ten years or more but less than twenty years.

(3)

Beginning July 1, 1963, five-sixths of a working shift for members who have been continuously employed by the city for twenty years or more.

A member who commences work on or before the 15th day of a calendar month shall be credited with one-half of a working shift of vacation leave for that month. Entitlement to vacation leave accumulation at the rate specified in subparagraphs (2) and (3) of this subsection shall commence on the first day of the month following the date on which the member shall have been continuously employed for the prescribed period.

(d)

Whenever an employee in a position which is compensated by a fixed monthly salary is temporarily assigned to a position the compensation for which is determined by the provisions of the second paragraph of Section 809 of the Charter, the number of hours worked by such employee during each fiscal year on such temporary assignment shall be totaled at the end of such year, and for each unit of one hundred seventy-four hours or major fraction thereof so worked, the vacation leave otherwise allowable to such employee for that year in his regular position under subsection (a) hereof shall be reduced by one month's allowance. During the fiscal year following such temporary assignment such employee shall be required to take time off without pay for the number of days of vacation leave which were lost to him in the preceding fiscal year because of such temporary assignment and shall, at the time of taking such time off, be paid any accumulated cash vacation allowance which may have accrued to him by reason of the pay provisions applicable to the position to which he was temporarily assigned.

(e)

Employees in the groups and crafts whose compensation is fixed on an hourly basis in accordance with the second paragraph of Section 809 of the Charter shall be required to take vacation leave without pay in an amount equal to one working day for each calendar month, or major portion thereof, but not to exceed a total of ten working days, of employment in such position during the preceding fiscal year. The hourly vacation allowance which is part of the hourly rate of pay specified in the applicable salary resolution for the class of position held by such employee shall be deducted from the employee's net hourly rate in calculating compensation payable each pay period, and shall thereupon be paid to a financial institution designated by such employee's recognized employee organization, which designation shall be subject to approval by the city controller. Any fees charged by such financial institution for such service shall be paid by an equal assessment against the funds in each employee's account. When an employee takes vacation leave, or upon termination of or retirement from city employment, or at such other times as the employee's Department Head may approve in writing upon request of an employee, the employee may withdraw the funds in his vacation account.

(f)

No employee shall be entitled to any vacation leave, nor receive any credit therefor as severance pay until he has completed six months of employment.

(g)

The time at which an employee shall take vacation leave shall be determined by the appointing authority with due regard for the wishes of the employee and particular regard for the needs of the service.

(h)

No employee shall be entitled to any vacation leave credit otherwise earned by or creditable to him under any provision of this Code if the crediting thereof, at the time provided for the allowance of such credit, will cause his total accumulation of unused vacation leave credit to exceed the accumulation limit applicable to his position and length of continuous service. Accumulations of unused vacation leave credit shall not exceed,

(1)

For employees employed in full-time positions at fixed monthly or yearly salaries, two hundred and forty (240) hours, or, for such employees who have been continuously employed for twenty years or more and employees occupying positions in classes which are included in the Management and Confidential Group who have been continuously employed for ten years or more, three hundred and twenty (320) hours;

(2)

For firemen who work a twenty-four-hour shift, fifteen working shifts, or for such firemen who have been continuously employed for twenty years or more, twenty working shifts; and

(3)

For part-time employees, one hundred and twenty (120) hours;

provided, that the Chief Administrative Officer may allow an additional accumulation of not to exceed twenty per cent of such limits if he shall find that an employee was prevented from reducing his vacation leave accumulation below the limit applicable to him by (i) absence from duty on account of injury compensable under Section 3-118; or, (ii) an unexpected emergency affecting the public peace, health or safety which precluded his absence from duty; or (iii) a refusal of the employee's department head of a written request for vacation leave submitted by the employee at least one month, and not more than six months, prior to the month in which the employee's maximum accumulation of unused vacation leave credit exceeds the limit applicable to his position and length of continuous service; but provided further, that any excess accumulation so allowed shall be automatically canceled to the extent of any excess over the applicable limit remaining to the credit of such employee (a) ninety days after the date of his return to duty from absence as provided in provision (i) hereinabove; or (b) ninety days after the expiration of the period of emergency, as provided in provision (ii) hereinabove; or (c) ninety days after the date on which the employee's maximum accumulation of unused vacation leave exceeded the limit applicable to his position and length of continuous service, pursuant to provision (iii) hereinabove, unless extended one or more such ninety-day periods by refusal of written request or requests for vacation submitted during the original or subsequent ninety-day periods.

(i)

Vacation leave credit which was earned by service in any calendar month, or, in the case of part-time employees, which was earned because of the completion of a unit of one hundred and sixty hours of work during any calendar month, shall be allowed and become creditable to the employee's unused accumulation of vacation as of the first day of the following month.

(j)

Employees in positions compensated by a fixed monthly or yearly salary who are on leave or suspension without pay for more than eighty hours in any calendar month, and members of the fire-fighting forces working a twenty-four-hour shift who are on leave or suspension without pay for more than five working shifts in any calendar month, shall not accumulate vacation leave for that month.

(k)

(Repealed Ord. 6943, 1967).

(l)

If a holiday occurs during a vacation, it shall not be charged against leave for vacation except in the cases of firemen who work a twenty-four hour shift and policemen.

(m)

Notwithstanding any other provisions of this section, whenever employees are in part-time service and are paid on an hourly basis (excluding those employees in the groups and crafts whose compensation is fixed on an hourly basis in accordance with the second paragraph of Section 809 of the Charter) and the compensation of such employees, including vacations, is budgeted and funded under a program sponsored by another governmental entity, then such employee shall be granted vacation leave in accordance with subsection (b) of this section to the extent of such funding.

(n)

In a salary resolution, approved memorandum of understanding, or other action of the Council establishing the rates of pay of employees in the City service, may be designated positions, classes of positions, or employee groups for which the rate of, calculation of, or accumulation of vacation leave credit shall be different from that provided in this section.

(Added Ord. 5988, 1961, based on former Secs. 2-1673 and 2-1675; Am. Ord. 6306, 1963; Am. Ord. 6477, 1964; Am. Ord. 6943, 1967; Am. Ord. 67-54, 1967; Am. Ord. 70-77, 1970; Am. Ord. 73-116, § 3, eff. 9-2-73; Am. Ord. 76-54, §§ 2, 3, eff. 7-11-76; Am. Ord. 76-112, § 1, eff. 1-2-77; Am. Ord. 82-85, §§ 3—6, eff. 9-17-82; Am. Ord. 89-120, § 1, eff. 10-3-89).