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Home My WebLink About33 - Vacations, Holidays, Disability Payments for City EmployeesORDINANCE N0. 33 AN ORDINANCE OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING RULES AND REGULATIONS GOVERNING VACATION LEAVE AND VACATION PAY, ESTABLISHING THE HOLIDAYS FOR CITY EMPLOYEES AND PROVIDING FOR DISABILITY PAYMENTS. The City Council of the City of Costa Mesa does ordain as follows: ARTICLE I. VAC'AT I ONS SECTION 1.1 DEFINITION. Vacation, as used herein, means the time during which an officer or employee of the City is permitted to be absent from the duties of his office or position without any deduction being made from his salary or compensation and is a personal privilege allowed such officer or employee in order to afford him an opportunity for rest and relaxation from the duties of his office or position and to encourage him in continued and efficient service therein. SECTION 1.2 ELIGIBILITY FOR VACATION, All -full time employees of the City of Costa Mesa, California who have been in the employ: of the City continuously for one year shall be eligible for vacation. SECTION 1.3 PERIOD OF VACATION FOR POLICE DEPARTI1ENT. Employees of the Police Department shall be given an annual vacation of fifteen consecutive days. The Chief of the Police Department shall designate the vacation period for each member of his department, and in doing so he shall give due consideration to the desires of the members of the department, but his decision in this respect shall be final and con— elusive. SECTION 1.4 PERIOD OF VACATION FOR OTHER EMPLOYEES. All other officers and employees of the City, except those otherwise expressly provided for by ordinance or resolution, shall be entitled to an annual vacation of fourteen consecutive calendar days, each vacation period to be designated by the head of the respective departments, subject to the approval of the City Manager. SECTION 1.5 CALENDAR YEAR PERIOD FOR VACATIONS AND FRACTIONAL VACATIONS. Vacation leave shall be based upon a calendar year and shall be taken during the calen— dar year following the first full year's continuous employment; provided, however, that any officer or employee who shall commence his employment after the beginning of a calendar year shall be entitled to a vacation for only the proportionate fraction of months to his credit during the immediate preceding calendar year, and no credit shall be allowed for the months of service in the calendar year in which such vaca— tion is taken. Additional vacation may be granted by a department head by reason of death or illness in the immediate family of the officer or employee. —1— Additional vacation days shall be allowed to those officers and employees whose vacation leave encumber the holidays set forth in the Government Code as State holidays. Credit shall be given for fractions of months exceeding one half a month only. ARTICLE II HOLIDAYS AND WORKING TIME SECTION 2.1 Officers and employees of the Police Department shall be entitled to eight holidays per year as follows: January 1, February 22, May 30, July 4, Labor Day (First Monday in September), October 12, Thanksgiving Day, and December 25. SECTION 2.2 All other employees, except those specified in Section 2.1 above, shall be entitled to the holidays specified in Sections 6700 and 6701 of the Govern— ment Code. SECTION 2.3 Employees of the Police Department shall, in addition to the eight holidays specified in Section 2.1 above, be entitled to eight days per month off. SECTION 2.4 All other employees of the City shall be employed on the basis of an eight hour day and forty hour week. SECTION 2.5 All overtime pay shall be at the prevailing rate paid to the employee. SECTION 2.6 All department heads, with the approval of the City Manager, shall have the right to require any employee to work on any holiday or on any day off. ARTICLE III DISABILITY PAY SECTION 3.1 As a part of the compensation for services rendered, every officer or employee who has worked for or served in any capacity the City of Costa Mesa for one year or more,who is incapacitated for work on account of illness or injury which is not compensable under the provisions of the Labor Code or the Workman's Compensation Insurance and Safety Laws of the State of California, shall be entitled to receive and there shall be paid to such person, notwithstanding his absence from duty on account of such illness or injury, the full amount of his regular compensation for a period of one day for each month of such service so rendered, not to exceed a total of thirty days. SECTION 3.2 In computing any period of sick leave or injury leave hereunder, the day upon which such employee actually commenced work for the City shall be taken as the first day of employment, and the period of time served thereafter shall then be computed on a monthly basis, allowing one day of sick leave or injury leave for each month of service, and deducting therefrom one day for each day of earned sick —2— leave or injury leave theretofore taken by such employee; provided, however, that no employee shall be allowed at any time accumulative sick leave or injury leave of more than thirty days. A. In computing sick leave or injury leave, the word "days" included within said term shall mean "working days" and shall not be deemed to include days upon which the employee under his employment would not ordinarily be required to work or render service. SECTION 3.3 In all cases where sickness or injury is incurred as a result of employment and is compensable under the Labor Code or Workman's Compensation Insurance and Safety Laws of the State of California, the employee's full salary for the waiting period required under such laws following such inc apacity,up to the time that compen— sation payments commence thereunder, shall be paid by the City. SECTION 3.4 When any employee of the City receives disability payment under , the Labor Code or Workman's Compensation Insurance and Safety Laws of the State of California, such employee shall receive the difference between the disability payment under such Code or Laws and his full regular salary for a period not exceeding thirty days. A. Such payments of difference between disability payments and full regular salary shall not be construed as deductions from the sick leave or injury leave benefits above provided for. SECTION 3.5 Nothing contained herein shall be construed as preventing the City Council or a department head, with the approval of the City Manager, from granting any employee leave of absence without pay in addition to the period hereinabove mentioned, nor shall anything herein contained be construed as vesting in any officer or employee of the City any vested right or interest in or to the benefits herein provided. The City Council may at any time revoke or discontinue such benefits, or sick leave or injury leave. SECTION 3.6 All full time officers and employees of the City who are subject to the provisions of this ordinance shall be required to take a physical examination at any time the same is requested by any department head, with the approval of the City Manager. A. A physical examination shall be required of all employees, whether part time or full time, prior to their employment by the City. -3- ARTICLE IV CERTIFICATION AND PUBLICATION SECTION 4.1 EFFECTIVE DATE. This ordinance shall take effect and be in force thirty days from and after its passage,and prior'to the expiration of fifteen (15) days after passage thereof, this ordinance, together with the names of the members of the City Council voting for and against the same, shall be posted in at least three public places in the City pursuant to section'36933 of the Government Code. ,dlie Passed and adopted this , / - day of December, 1953• ATTEST 4�-- gre-r- --�11 City Clerk of the City of Costa Mesa —4— Mayor of the City of Costa Ness STATE OF CALIFORNIA: COUNTY OF ORANGE : ss CITY OF COSTA MESA : I, A. C. SWARTZ, City Clerk of the City of Costa Mesa, do hereby certify that at a regular meeting of the City Council of the City of Costa Mesa, held on the day of ► 1953, the foregoing Ordinances containing T sections, was considered section by section, and that the said Ordinance was then passed and adopted as a whole by the following vote! AYES1 _ COUNCILMEN: 7 ' . 7. NOES: _ 0 COUNCILMEN: ABSENT: _ C OUNC I LYM I further certify that said Ordinance was thereupon signed by the Mayor of the City of Costa Mesa. ATTEST: City Clerk of the City of Co to Mesa STATE OF CALIFORNIA: COUNTY OF ORANGE : ss CITY OF COSTA MASA : I, A. C. SWARTZ, City Clerk of the City of Costa Mesa, do hereby certify that on theday of 1953, I posted the foregoing true and correct copy of the foregoing Ordinance in the following public places in the City: Justice Court 567 West Eighteenth Street Costa Mesa, California Costa Mesa Branch Library 526 Center Street Costa P•'kesa, California Costa Riesa Fire Hall 111 Rochester Street Costa Mesa, California WITNESS my hand and seal this ` "It.', day of )*nambor 1_r)53L--. City Clerk of the City of C, sta 'Mesa