HomeMy WebLinkAbout06040ORDINANCE NO. 6040
AN ORDINANCE AMENDING TITLE VI. CHAPTER 6, (LEAVES);
OF THE 1971 CODE OF ORDINANCES OF PUEBLO, COLORADO,
RELATING TO PERSONNEL MATTERS, IN ORDER TO PROVIDE
CONFORMANCE TO CURRENT PRACTICE AND CHANGES IN
BARGAINING UNIT CONTRACTS
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO
that:
SECTION 1
Section 6- 6 -1(a) of Title VI, Chapter 6, of the 1971 Code of
Ordinances is hereby amended as follows:
6 -6 -1: HOLIDAYS
(a) Designation. The following days are hereby declared
holidays for all City officers and employees, with the exception of
police and firefighting personnel:
[ (1) The first day of January (New Year's Day)
(2) The afternoon of the Friday preceding Easter
Sunday (Good Friday)
(3) The last Monday in May (Memorial Day)
(4) The fourth day of July (Independence Day)
(5) The first Monday in August (Colorado Day)
(6) The first Monday of September (Labor Day)
(7) The second Monday in October (Columbus Day)
(8) The eleventh day of November (Veterans' Day)
(9) The fourth Thursday in November (Thanksgiving Day)
(10) The twenty -fifth day of December (Christmas Day)
(12) Personal Day (to be used anytime with Departmental
Approval)]
() The first day of January (New Year's Day)
2) The third Monday in January (Martin Luther King Day
The third Monday in February (Presidents' Day)
(4)_ The last Monday in May (Memorial Day)
(5) The fourth day of July (Independence Day)
(6)_ The first Monday of September (Labor Day)
(7Z The second Monday in October (Columbus Day)
(8) The fourth Thursday of November (Thanksgiving Day
(9) The day after Thanksgiving
10 The twenty -fifth day of December (Christmas Day)
11 Personal Day (to be used anytime with Departmental
Approval)
12 Personal Day (to be used anytime with Departmental
Approval)
When any holiday listed above falls on Saturday, the preceding
Friday shall be observed as the holiday; when the holiday falls on Sunday,
the following Monday shall be observed as a holiday.
For those employees scheduled to work on the Sunday holiday that
day shall be considered the holiday. For those employees scheduled not to
work on Sunday or Monday, the preceding Saturday shall be considered the
holiday. In addition to the above, any day may be designated as a holiday
by proclamation of the Mayor upon approval of the City Council.
SECTION 2
Section 6 -6 -5 of Title VI, Chapter 6, of the 1971 Code of
Ordinances is hereby amended as follows:
6 -6 -5: PAID SICK LEAVE BENEFITS
(a) Paid sick leave to the extent the same is accrued and
unused shall be granted to permanent, full -time employees and
probationary employees in case of actual illness or disability
occurring without negligence of the employee; or for a maximum of
three (3) work days in each consecutive twelve months for an illness
of the employee's spouse or child subject to verification thereof.
[provided, a] A medical certificate subscribed by the employee's
physician on forms supplied by the City shall be required for any
absence for which paid sick leave is claimed by the employee
exceeding three consecutive work days for Group A employees or
exceeding two consecutive working shifts for Group B employees;
provided, further, the City Manager, in any case of suspected abuse
of sick leave privileges, may require such medical certificate for
any absence for which paid sick leave is claimed by the employee.
Use of attempted use of paid sick leave benefits for any reason other
than actual illness or disability shall be deemed an activity
unbecoming an employee of the City. Disability caused by injury
while on duty and maternity and paternity leave shall be compensated
as hereinafter set forth.
SECTION 3
Section 6 -6 -6 of Title VI, Chapter 6, of the 1971 Code of
Ordinances is hereby amended as follows:
6 -6 -6: SICK LEAVE; FUNERAL LEAVE; ACCRUAL
(a) Combined paid sick and funeral leave shall be accrued
by each permanent full -time Group A employee at the rate of one and
one -half days for each month of completed full -time duty to a maximum
accrual of 200 days. [Police personnel shall accrue a maximum of 190
days.] Group A employees hired on or after January 1 1996 shall
accrue sick leave at the rate of one day for each month of completed
full -time duty to a maximum accrual of two hundred (200) days
(b) Combined paid sick and funeral leave shall be accrued
by each permanent full -time Group B employee at the rate of 17/24th
of one working shift for each month of completed full -time duty to a
maximum accrual of 84 working shifts. Group B employees hired on or
after January 1, 1996, shall accrue sick leave at the rate of 12/24th
of one working shift for each month of completed full -time duty to a
maximum accrual of 84 working shifts.
(c) Probationary employees shall accrue paid sick and
funeral leave benefits during their probationary period.
(d) Temporary and temporary part -time employees shall not
accrue /paid sick and funeral leave benefits.
SECTION 4
Section 6 -6 -7 of Title VI, Chapter 6, of the 1971 Code of
Ordinances is hereby amended as follows:
6 -6 -7: SICK LEAVE; BENEFITS UPON SEPARATION
(a) Upon separation for any reason other than death,
discharge, or retirement, a group A employee hired prior to January
1, 1996, whose sick leave accumulation exceeds 75 days shall be paid
at his regular rate of pay for the amount of sick leave accumulated
over 75 days, but not to exceed 75 days; a Group B employee hired
prior to January 1, 1996, whose sick leave accumulation exceeds 35
working shifts shall be paid at his regular rate of pay for the
amount of sick leave accumulated over 35 working shifts, but not to
exceed 35 working shifts.
(b) Upon separation due to retirement or death, a Group A
employee hired prior to January 1, 1996, shall be paid at his regular
rate of pay for all accumulated sick leave, but not to exceed 120
days; a Group B employee hired prior to January 1, 1996 shall be
paid at his regular rate of pay for all accumulated sick leave, but
not to exceed 56 working shifts.
[(c) In the event of death, such sum shall be paid to the
surviving spouse of such employee. In the event there shall be no
surviving spouse, then such sum shall be paid to the dependents of
such employee. In the event there shall be no surviving spouse or
dependents, no benefit shall be paid by the City. For the purposes
of this section, "dependent" shall mean any child, mother, father,
grandmother, grandfather, sister, brother or grandchild, who was
wholly or partially supported by the deceased employee at the time of
his death and for a reasonable period of time immediately prior
thereto. If such dependent be a son, grandson, or brother eighteen
years or age or over, a father or grandfather, to be entitled to
benefits, they must prove that they were actually disabled or
incapable or earning their own living during the said time.
(c) In the event of death, such sum shall be paid to the
beneficiary designated by the employee and, if no beneficiary is
designated, to the surviving spouse and, in the event there is no
surviving spouse, such sum shall be paid to the estate of such
employee.
(d) Separation benefits shall be paid immediately upon the
effective date of separation.
(e) Employees hired on or after January 1, 1996, shall not be
reimbursed for unused sick leave up separation. These employees
will have the option to receive compensation for ten (10) days of
sick leave each year at one -half (1/2) pay. However, before an
employee may exercise this option, he must have a minimum of
twenty -four (24) days of unused accrued sick leave to his credit and
his accrual may not be reduced to less than twenty -four (24) days by
the exercise of this option.
(f) Employees hired prior to January 1, 1996 shall have the
option of electing the new plan, however, they must waive all
benefits under 6 -6 -7 (a),(b) (c) and (d) of the 1971 Code of
Ordinances. Once this election is made the employee may not return
to the old plan. This election to enter the new plan must be made
prior to January 1 1996 Employees who opt into the new plan shall
accrue sick leave at one day for each month of completed full -time
service.
(g) Employees hired prior to January 1 1996 who have not
elected the new plan, and who have at least 1 vears of service and
120 days of accrued, unused sick leave to their credit may annually
sell back up to 10 days of sick leave for 1/2 pay. The number of
sick leave days sold back to the City shall be deducted from the
employee's accrual, but his accrual will be increased by future sick
leave accrued but unused, to the maximum of 200 days The amount of
days available for buy -back under 6-6-7(a) and 6-6-7(b) of the 1971
Code of Ordinances shall be permanently reduced by one -half of the
days sold back to the City.
SECTION 5
Section 6 -6 -8 of Title VI, Chapter 6, of the 1971 Code of
Ordinances is hereby amended as follows:
6 -6 -8: FUNERAL LEAVE
(a) Recording. Paid funeral leave benefits shall be kept as
part of the paid sick leave record. All use of paid funeral leave
shall be charged against the same accrual as the use of paid sick
leave is charged.
[(b) Benefits; immediate family. A department head shall
grant accrued funeral leave for any one funeral as required by the
employee for a death in the immediate family for a maximum of :
GROUP A: Four calendar days, plus the balance of the day in
the event of the death occurring while employee is on duty.
GROUP B: One work shift, plus the balance of the work shift in
the event of death occurring while employee is on duty] .
_(b) Benefits; immediate family. In the event of the death of
a member of an employee's immediate family, the employee shall be
granted immediate funeral leave from the date of death plus five (5)
consecutive work days thereafter for Group A employees and seven (7)
consecutive days for Group B employees.
Immediate family is defined as [father, mother] parent
brother, sister, [husband, wife] spouse child, grandchild,
grandparent, mother -in -law, father -in -law, or other relative residing
in the same household with the employee.
(c) Benefit; other.
(1) One -half day's funeral leave not to exceed four hours may
be granted for attendance at funerals of relatives other than the
immediate family or for actual services as a pallbearer.
(2) In the event of death of a departmental employee,
employees of said department may be granted one -half day's funeral
leave not to exceed four hours for attendance at the funeral,
provided a working schedule can be arranged by the department head
that will not materially impair the ability of the department to
perform its public duties.
(3) Leave without pay or accrued vacation leave with pay may
be granted by the department head for further funeral purposes.
SECTION 6
Section 6 -6 -11 of Title VI, Chapter 6, of the 1971 Code of
Ordinances is amended as follows:
6 -6 -11: SPECIAL LEAVE
(a) Less than ten days. In addition to leaves authorized
above, a department head may authorize an employee to be absent
without pay for personal reasons for a period or periods not to
exceed ten working days in any calendar year.
(b) Less than six months. The City Manager may authorize
special leaves of absence with or without pay for any period or
periods not to exceed six calendar months in any one calendar year
for the following purposes: attendance at college, university, or
business school for the purpose of training in subjects related to
the work of the employee and which will benefit the employee and the
City service; urgent personal business requiring employee's attention
for an extended period such as settling estates, liquidating a
business, serving on a jury and attending court as a witness, and for
purposes other than above that are deemed beneficial to the City
service.
(c) Without pay. The City Manager may authorize special
leaves of absence without pay for any of the purposes set out in the
preceding sub - paragraph of this Section 6 -6 -11 for any reasonable
length of time.
(d) More than six months. The City Council may grant leaves
of absence with or without pay in excess of the limitations above for
the purposes of attending extended courses of training at a
recognized university or college and for other purposes that are
deemed beneficial to the City service.
(e) Exhaustion of available leave. If after exhaustion of all
available leave, including injury, vacation and sick leave, an
employee, other than a fire department employee under the fire
pension plan, shall fail or be unable to return to work he shall be
discharged. If injured through no cause of his own the employee,
when able to return to work, shall be placed upon the reinstatement
list.
(f) The City of Pueblo has a Family and Medical Leave Policy
which provides certain benefits to employees in the area of leaves.
Wherever this policy provides more liberal benefits than those listed
above, the Family and Medical Leave Policy shall control.
SECTION 7
Section 6 -6 -13 of Title VI, Chapter 6, of the 1971 Code of
Ordinances is hereby amended as follows:
6 -6 -13: [MATERNITY LEAVE] MATERNITY/ PATERNITY LEAVE
[The City Manager may authorize leave of absence for any
permanent female employee for maternity purposes; provided, the
employee presents a physician's written statement as to the
approximate date of birth. Such leave is to begin upon the
physician's written recommendation, and expire upon the physician's
written recommendation, which expiration period shall not exceed six
(6 ) weeks f rom date of birth.
The pregnant employee shall be granted any accumulated sick
leave as requested until the available amount is utilized. ]
A. An employee shall be granted leave for the birth of the
employee's child. Maternity leave shall commence at the time of the
child's birth or at the time recommended by the mother's physician
and such leave shall expire upon the physician's written
recommendation or six weeks from the date of birth whichever first
occurs.
B. Paternity leave shall not exceed three (3) weeks and shall
commence at the time of the birth of the child unless otherwise
agreed by the employee and the appropriate supervisor.
C. An employee may utilize either sick leave or vacation
leave for maternity or paternity leave purposes
SECTION 8
This Ordinance shall become effective January 1, 1996.
INTRODUCED: NovemhPr 13, 1
BY John Califano
COUNCIL PERSON
APPROVED:
ATTEST: •
PRESIDENT OF THE CITY COUNCIL
ITY CLERK