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HomeMy WebLinkAboutORD 1315ORDINANCE NO. 1315 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA REVISING SECTION 2.52.705 OF THE PALM DESERT MUNICIPAL CODE, PERSONNEL SYSTEM, BENEFITS, VACATION LEAVE. WHEREAS, the City of Palm Desert's personnel regulations are codified as Section 2.52 of the Palm Desert Municipal Code; and WHEREAS, changes in the provisions of employment contracts necessitate modifications to the City's policy with regard to the administration of paid vacation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM DESERT AS FOLLOWS: Section 1. That Chapter 2.52.705 of Title 2 of the Code of the City of Palm Desert, California is hereby revised, as described in the attached Exhibit A. Section 2. The City Clerk shall certify the adoption of the Ordinance and shall cause the same to be published once in a newspaper of general circulation printed within the City of Palm Desert, California, and shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED and ADOPTED at a regular meeting of the City Council of the City of Palm Desert, California, on the 26th day of January, 2017, by the following roll call vote: AYES: JONATHAN, KELLY, NESTANDE, WEBER, and HARNIK NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA a`�"�� APPROVED AS TO i 'ORM: By: s - RMtkT W. HARGF EAVES, CITY ATTORNEY Ordinance No. 1315 Exhibit "A" 2.52.705 Vacation Leave A. Eligibility All regular full-time employees and all regular part-time employees employed on a half- time basis or more may take accrued vacation with pay after satisfactorily completing the six -months probationary period. Vacation leave accrues only when an eligible employee is in an active employment status, or while an employee is on an approved family medical leave. Vacation leave ceases to accrue at the later of the expiration of family leave eligibility or when the employee exhausts his/her vacation and sick leave balances. Employees designated as Group X: Executive Contract earn and use vacation according to the terms of their particular employment agreement. 1. Probationary Employees: Probationary employees accrue vacation leave provided to all other employees based on their classification, but these accruals will not vest or be credited to them until and after they have completed their probationary period. Probationary employees cannot use vacation leave until and after they have become regular employees. Absences during the probationary period will be unpaid. 2. Temporary or Seasonal Employees Temporary or seasonal employees do not accrue vacation benefits. B. Rate of Vacation Accruals Regular full-time employees accrue a maximum of ten (10) working days during each of the first two years of continuous service, and thereafter one additional day for each year of continuous service to a maximum of twenty (20) working days. Employees designated as Exempt Personnel, Group A earn an additional ten (10) days vacation each year plus the continuous service accrual. Employees designated as Exempt Personnel, Group B earn an additional five (5) days vacation each year plus the continuous service accrual. Employees designated as Group X: Executive Contract earn and use vacation according to the terms of their particular employment agreement. Ordinance No. 1315 Exhibit "A" C. Maximum Accrual of Vacation Vacation accrues up to a maximum of three times the amount of time the employee is currently eligible to earn each year. For example, if the employee is eligible to earn ten (10) days a year, the employee stops earning vacation once his or her accrual reaches thirty (30) days. The same applies to exempt employees in Group A and Group B. Once this cap is reached, no further vacation will be earned until enough vacation is used to bring the employee below the cap. Only when the accrual falls below the cap will vacation compensation again commence to accrue until it reaches the applicable cap. Employees designated as Group X: Executive Contract earn and use vacation according to the terms of their particular employment agreement. D. Approval of Use of Vacation Leave No vacation may be taken at any time without approval of the employee's supervisor and/or department director. The times during a calendar year at which employees may take their vacations shall be determined by their department director or the City Manager with due regard for the wishes of the employee and particular regard for the needs of the City. Two -week Notice: Employees who request more than 3 consecutive days of vacation time off should do so with at least a two -week in advance notice. Depending on departmental workload and circumstances, managers may or may not grant the requested vacation time off. E. Holidays or Illness During Vacation Leave Whenever a holiday, as set forth above, falls within an employee's vacation period, the employee shall be entitled to the holiday with pay and it shall not be charged towards vacation leave. Illness during a vacation period shall not be considered as sick leave unless the employee provides a physician's certificate and receives approval from the City Manager. F. Accrued Vacation Time Buy -Back All regular full and half-time employees with 120 accrued vacation hours, may, upon written request, be compensated for up to a maximum of forty (40) hours of accrued vacation per calendar year, instead of taking vacation time off. The same applies to exempt employees in Group A and Group B. Ordinance No. 1315 Exhibit "A" G. Payment for Accrued Vacation Time Upon Termination Employees will be paid for unused accrued vacation time upon termination of employment, minus tax deductions as required by state and federal taxing laws.