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