DIVISION 3. - TERMS OF EMPLOYMENT

Sec. 11-86. - Hours of work.#

All offices of the city, except those for which special regulations are required, shall be open for business on all days of the year, except Saturdays, Sundays and holidays, during those hours designated by the mayor. Employees covered by collective bargaining agreements shall work those hours specified by their respective agreements. Employees not covered by a collective bargaining agreement shall work a minimum of 35 hours per week, to be worked insofar as possible within five consecutive days. Employees in the classified service for whom necessity requires a different schedule than that generally applied shall work according to regulations prepared by the respective supervising official and approved by the mayor.

(Rev. Ords. 1987, § 11-86; Ch. 877, § I, 6-6-23)

Sec. 11-87. - Overtime.#

It shall be the responsibility of the head of each department or agency to so plan the work of the department that overtime shall be minimized. In case of emergency or under heavy work load, overtime will be scheduled upon specific authorization of the department head or supervisory employee authorized to order overtime work. All employees covered by a collective bargaining agreement shall receive overtime pay in accordance with their respective agreements. Employees not covered by a collective bargaining agreement and who are eligible to receive overtime pay shall be compensated at the rate of time-and-one-half for hours worked in excess of 40 hours per week. Heads and supervisory personnel of departments and agencies shall not be eligible for overtime compensation.

(Rev. Ords. 1987, § 11-87)

Sec. 11-88. - Attendance.#

All officers and employees shall be in attendance at their work in accordance with rules regarding hours of work, holidays and leaves. All departments and agencies shall keep daily attendance records of all officers and employees which shall be reported to the personnel director in the form and on the dates he shall specify.

(Rev. Ords. 1987, § 11-88)

Sec. 11-89. - Holidays.#

(a)

Authorized holidays for all employees, except as provided in subsection (d) of this section, shall be:

New Year's Day—January 1;

Martin Luther King Jr. Day;

Washington's Birthday—Third Monday in February;

Memorial Day—Last Monday in May;

Independence Day—July 4;

Election Day—First Tuesday after the first Monday in November in each even-numbered year;

Victory Day—Second Monday in August;

Labor Day—First Monday in September;

Columbus Day—Second Monday in October;

Veterans' Day—Fourth Monday in October;

Thanksgiving Day—Fourth Thursday in November;

Christmas—December 25.

(b)

When any authorized holiday falls on a Sunday, the following business day shall be considered the holiday.

(c)

All classified employees shall receive a normal day's pay on authorized holidays, and if any employee is required to work on any authorized holiday, such employee shall receive, in addition to his regular or normal day's pay, time-and-one-half for all hours worked on such holiday.

(d)

Members of the police, fire and public works departments, who are normally required to work on authorized holidays, shall be granted uniformly an additional one day's pay for each of the following holidays:

New Year's Day;

Martin Luther King Jr. Day;

Memorial Day;

July 4;

Veterans' Day;

Columbus Day;

Labor Day;

Thanksgiving Day;

Christmas Day.

(e)

Members of the police department, who are normally required to work on authorized holidays, shall be granted uniformly an additional one day's pay for the following additional holidays:

Easter Sunday;

Friday after Thanksgiving;

Member's birthday;

Washington's Birthday.

(f)

Members of the fire department who are normally required to work on authorized holidays shall be granted uniformly an additional one day's pay for the additional holiday of Washington's Birthday.

(g)

Nonrepresented employees shall be granted two personal leave days per fiscal year, to be used only for personal business or affairs not covered by any other leave with pay. It shall not be utilized in conjunction with any other paid leave or holiday time and may not be accrued from year to year.

(h)

All employees covered by a collective bargaining agreement shall receive holidays or holiday pay in accordance with their respective agreements. Employees not covered by a collective bargaining agreement and who are eligible to receive holidays or holiday pay shall receive comparable treatment.

(Rev. Ords. 1987, § 11-89)

Sec. 11-90. - Vacation leave.#

(a)

Two calendar weeks' vacation leave per fiscal year with pay shall be granted each full-time classified and unclassified employee in the city service, except shift-duty members of the police and fire departments. Whenever a holiday falls within the vacation period of an employee, such employee shall receive an additional day off. Shift-duty members of the fire department shall be granted 12 duty days of vacation for a fiscal year; like personnel of the police department shall be granted 14 duty days per fiscal year. The additional vacation leave granted to these personnel shall be considered compensatory time for services rendered beyond normal working hours in emergencies throughout the year. No vacation shall be granted during the original probationary period, but if permanent appointment is received, vacation time shall be allowed for service during probationary status. It is the intent of this section that each permanent full-time employee in the city service appointed on or before January 1, 1960, shall earn two calendar weeks' paid vacation to be granted during the following 12 months and to be taken in units of not less than one week. Employees will normally be granted the amount of vacation pay in each fiscal year that has been earned in the preceding fiscal year. Vacation pay shall not be accumulated, except for extending circumstances having the prior approval of the mayor.

(b)

Accrued vacation leave may be used in lieu of sick leave when the accrued sick leave of an employee is insufficient to provide leave with pay during illness. Such use of a vacation time as sick leave shall be computed on the basis of five days' leave being equal to one calendar week vacation leave. Employees who are separated from the service in good standing and who have accrued vacation leave to their credit at the time of separation shall be paid the salary equivalent of the accrued vacation leave. All full-time classified and unclassified employees in the city service, excepting shift-duty members of the police and fire departments, shall be granted additional days of vacation during the fiscal year next succeeding the anniversary date, in accordance with the following schedule:

(1)

Upon completion of seven years, 15 working days total;

(2)

Upon completion of 13 years, 20 working days total;

(3)

Upon completion of 18 years on, 25 working days total.

After ten years of duty, shift-duty members of the fire department shall be granted 18 duty days vacation for a fiscal year. After ten years of duty, shift-duty members of the police department shall be granted 21 duty days vacation for a fiscal year.

(c)

All employees covered by a collective bargaining agreement shall receive vacation leave in accordance with their respective agreements. Employees not covered by a collective bargaining agreement and who are eligible to receive vacation leave shall receive comparable treatment.

(Rev. Ords. 1987, § 11-90; Ch. 877, § I, 6-6-23)

Sec. 11-91. - Sick leave; death benefit.#

(a)

Each full-time employee in the classified and unclassified service shall earn sick leave with pay at the rate of 1¼ working days for each full calendar month of service, with no maximum accumulation, except that uniformed or permanent members of the fire and police departments who are disabled in the line of duty shall receive full pay while so disabled, in accordance with state law. Such sick leave must be earned before it can be granted and shall not be considered a right but shall be a privilege and granted under authority of this chapter. Upon retirement an employee shall be paid 50 percent of the total amount of sick pay credited to him as of the date of his retirement, up to a limit to be determined by their respective agreements for all employees covered by collective bargaining. Employees not covered by collective bargaining agreement and who are eligible to receive such benefit shall be treated comparably.

(b)

It is the intent of this provision that each permanent full-time employee in the city service appointed on or before January 1, 1960, shall have accrued to his credit, sick leave which may be granted at any time during the following 12 or succeeding months as follows:

(1)

Five or less years' service, 15 days;

(2)

Five to ten years' service, 30 days;

(3)

Ten to 15 years' service, 60 days;

(4)

Over 15 years' service, 90 days.

Sick leave will be granted for absence from duty because of actual personal illness, noncompensable bodily injury or disease and exposure to contagious disease. It may also be granted for a maximum of three days in any one year for an illness in the household.

(c)

When an employee finds it necessary to be absent for any of the reasons specified in this section, he shall cause the facts to be reported to his department head or immediate superior within two hours after the time set for beginning his daily duties, except that where a relief employee is required, such notification must be made before the hour to report for work. Sick leave may not be granted unless such report has been made.

(d)

In all cases where sick leave exceeds two working days the department head may require the employee to file a physician's certificate indicating the nature and probable duration of the disability.

(e)

Holidays and regular days off shall not be counted in computing sick leave taken. On-the-job injuries shall not be chargeable against accrued sick leave, and no loss of pay shall result from time lost due to such injury, except that in cases where the injured employee is a participating member in the municipal employees retirement system of the state and by reason of such membership is entitled to and qualifies for an accidental disability allowance in accordance with the provisions of G.L. 1956, §§ 45-21-21 and 45-21-22, the obligation of the city shall cease on the effective date of such retirement for accidental disability, provided that no employee injured in the course of his employment as the result of the fault or negligence of a third party shall receive his pay as aforesaid unless state law otherwise provides, including the payment of medical bills by the city during incapacity, unless such employee so injured executes a subrogation agreement in favor of the city to repay the city as provided by such subrogation agreement.

(f)

Whenever an employee dies while in the employ of the city, the city shall pay to the deceased employee's beneficiary, as designated under either the municipal employees retirement system of the state or the city police officer's and firefighter's retirement system, or to the widow, husband or heirs-at-law as hereinafter set forth a sum of money computed on the basis of his weekly earnings for accumulated sick leave and vacation leave which had accrued to such deceased employee at the time of his death, in accordance with the provisions of this section. If such deceased employee has failed to designate a beneficiary for such payment, then such sum of money shall be paid first to the surviving widow or husband and, if there is no surviving widow or husband, then to the surviving children in equal shares, provided that if such deceased employee has not designated a beneficiary and leaves no widow, husband or child, then such accrued benefits shall be paid to his next of kin.

(g)

All employees covered by a collective bargaining agreement shall receive sick leave in accordance with their respective agreements. Employees not covered by a collective bargaining agreement and who are eligible to receive sick leave shall receive comparable treatment.

(Rev. Ords. 1987, § 11-91)

State Law reference— Salary payment during line-of-duty illness or injury, G.L. 1956, § 45-19-1.

Sec. 11-92. - Jury duty.#

Regular full-time employees shall be granted leaves of absence for required jury or any other civil duty requiring appearance before a court or other public body. Such employees shall receive that portion of their regular salary which will, together with their jury pay or fees, equal their total salary for the same period.

(Rev. Ords. 1987, § 11-92)

Sec. 11-93. - Military duty.#

Any regular full-time employee who may be a member of the standby reserve or ready reserve of any branch of the armed forces and who may be ordered to perform military duties as part of a compulsory deployment for a period up to 365 days or less in a consecutive 12-month period at any time while so employed shall be paid the difference between the employee's regular salary paid by the city and the compensation paid by either the state or federal government during the performance of the military service as a member of a military unit in any consecutive 12-month period. However, if an employee is called to regular duty in the armed forces of the United States for a period of more than 365 days, the employee shall be given a leave of absence by the city, and the provisions of this section relative to the difference in earnings shall not apply.

The human resources director is authorized to promulgate rules and regulations necessary to implement the provisions of this section.

(Rev. Ords. 1987, § 11-93; Ch. 878, § I, 6-6-23)

Sec. 11-94. - Leave of absence.#

(a)

The head of any department or agency, with the approval of the appointing authority, may grant a regular employee leave of absence without pay for a period not to exceed six months. No leave without pay shall be granted except upon written request of the employee, and whenever granted, such leave shall be in writing and signed by the appointing authority, and a copy shall be filed with the director.

(b)

Upon expiration of a regularly approved leave without pay, the employee shall return to work in the position held at the time leave was granted. Failure on the part of an employee on leave to report promptly at its expiration without good cause shall be considered as a resignation.

(c)

A maximum of three days' leave with pay in any one year may be granted to an employee for death in the immediate family. For the purpose of this section, "immediate family" shall be defined as the father, mother, sister, brother, wife, husband, grandmother, grandfather, child, mother-in-law, father-in-law, brother-in-law and sister-in-law related either by blood or marriage to the employee.

(d)

All employees covered by a collective bargaining agreement shall receive leave for death in their family in accordance with their respective agreements.

(Rev. Ords. 1987, § 11-94)

Sec. 11-95. - Liability protection.#

In the event that a member of the city council, the mayor, or any officer of the city appointed by the city council or the mayor is sued in any civil proceeding arising out of or related to actions performed in the course of their service to or employment with the city, the city shall defend such individual against the civil claim and pay any judgment and costs resulting therefrom. The city shall have the right to deny a defense or pay such judgment if it is finally determined by a court of competent jurisdiction that such individual acted outside of the scope of his or her service or employment.

(Ch. 234, § I, 11-14-02; Ch. 877, § XV, 6-6-23)

Secs. 11-96—11-110. - Reserved.#