Number
030900
Version
SUBSTITUTE 2
Reference
Sponsor
THE CHAIR
Title
A substitute ordinance relating to vacation benefits for certain employes in the fire department.
Sections
350-40-16-b-3 rc
350-40-16-b-5 rc
350-40-16-b-7 rc
350-40-16-b-8 rc
350-40-16-b-9 rc
350-40-16-b-10 rc
350-40-16-b-11 rc
350-40-16-b-12 rc
350-40-16-b-13 rc
350-40-16-b-14 rc
Analysis
This ordinance changes the vacation benefits given to nonrepresented noncivilian employes of the fire department. Effective pay period 1, 2004, employes in active service during a fiscal year and whose normal hours of work exceed 40 hours per week shall earn vacation with pay during that fiscal year at the following rates:
3.7 hours per pay period for employes who have completed fewer than 6 years of active service.
5.6 hours per pay period for employes who have completed 6 years but fewer than 11 years of active service.
8.4 hours per pay period for employes who have completed 11 but fewer than 19 years of active service.
10.2 hours per pay period for employes who have completed 19 years or more years of active service.
Effective pay period 1, 2004, employes in active service during a fiscal year and whose normal hours of work average 40 hours per week shall earn vacation with pay during that fiscal year at the following rates:
3.4 hours per pay period for employes who have completed fewer than 6 years of active service.
5 hours per pay period for employes who have completed 6 but fewer than 11 years of active service.
6.5 hours per pay period for employes who have completed 11 but fewer than 19 years of active service.
8 hours per pay period for employes who have completed 19 or more years of active service.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 350-40-16-b-3 to 14 of the code is repealed and recreated to read:
350-40. Vacations.
16. FIRE DEPARTMENT.
b. Nonrepresented Noncivilian Employes of the Fire Department.
b-3. Time Earned Per Week. Effective pay period 1, 2004, and thereafter, employes in active service during a fiscal year and whose normal hours of work exceed 40 hours per week shall be entitled to vacation with pay during that fiscal year at the following rates:
b-3-a. 3.7 hours per pay period for employes who have completed fewer than 6 years of active service.
b-3-b. 5.6 hours per pay period for employes who have completed 6 years but fewer than 11 years of active service.
b-3-c. 8.4 hours per pay period for employes who have completed 11 but fewer than 19 years of active service.
b-3-d. 10.2 hours per pay period for employes who have completed 19 or more years of active service.
b-5. Time Earned for Annual Vacation Periods for Normal hours of Work Averaging 40 Hours Per Week. Employes in active service during a fiscal year and whose normal hours of work average 40 hours per week shall be entitled to vacation with pay during that fiscal year at the following rates:
b-5-a. 3.4 hours per pay period for employes who have completed fewer than 6 years of active service.
b-5-b. 5 hours per pay period for employes who have completed 6 but fewer than 11 years of active service.
b-5-c. 6.5 hours per pay period for employes who have completed 11 but fewer than 19 years of active service.
b-5-d. 8 hours per pay period for employes who have completed 19 or more years of active service.
b-5-e. Transitional Vacation Account. Effective pay period 1, 2004, the amount of vacation earned by an employe covered by this subsection in 2003 for use in 2004 shall be placed in a transitional vacation account (TVA). Employes who have not used all of their entitled 2002 vacation time within fiscal year 2003 shall have such vacation hours placed into their TVA accounts. TVA hours may be scheduled with the approval of the fire chief. An employe may not borrow vacation hours until all of his or her TVA hours have been exhausted.
b-7. Prorata Earning of Vacation; Differing Normal Hours of Work. Employes whose normal hours of work during a fiscal year fall into both categories described in subds. 3 and 5 because of the nature of their duty assignments that year, shall earn the vacation with pay at the rate they are entitled to under subds. 3 and 5, prorated on the basis of their length of service in each category during that year.
b-8. Limitations. The time period during which an employe earns vacation with pay for a fiscal year shall be limited to the employe's period of active service between his or her anniversary date for that fiscal year and his or her immediate preceding anniversary date. The amount of vacation time taken during a fiscal year, except for separation from service as provided in subd. 11, shall normally be limited to the maximum amounts noted in subds. 9 and 10. Additional vacation may be taken only with the approval of the fire chief.
b-9. Maximum Vacation Balances for Employes. The maximum amount of vacation that employes can maintain in their vacation accounts shall be as follows:
b-9-a. 192 hours for employes who have completed fewer than 6 years of active service.
b-9-b. 240 hours for employes who have completed 6 years of service but fewer than 11 years of active service.
b-9-c. 312 hours for employes who have completed 11 years of service but fewer than 19 years of active service.
b-9-d. 360 hours for employes who have completed 19 or more years of active service.
b-10. Early Vacation; Separation. Vacation time taken before the full amount has been earned shall be considered time owed the city until it is earned. Any employe who leaves the service of the city due to resignation, retirement, termination, discharge, lay off or death will have the compensation for vacation time owed the city deducted from the final pay check. If the employe's last pay check is for an amount less than the amount of compensation owed the city, a deduction shall also be made from the employe's next preceding pay check that covers the balance of compensation owed the city. Any employe who leaves the service of the city due to resignation, retirement, lay off or death or who takes military leave will be paid for earned vacation time that has accumulated. If an employe returns to duty prior to his or her next following anniversary date, any vacation time earned and taken hereunder shall be offset against the employe's earned vacation time for the fiscal year in which that anniversary date falls. Discharged employes are not entitled to pay for accumulated vacation time.
b-11. Employes on Injury Leave. An employe on authorized injury leave as a result of a duty-incurred injury may use vacation scheduled during the period of such leave provided he or she notifies his or her immediate supervisor orally of this fact prior to the start of such vacation and indicates the time when the vacation is to be used.
b-12. Employes on Sick Leave. An employe on authorized sick leave may use vacation scheduled during the period of such leave, provided he or she notifies his or her immediate supervisor orally of this fact prior to the start of such vacation and indicates the time when such vacation is to be used.
b-13. Scheduling. The assignment and scheduling of vacations with pay shall be controlled by the fire chief.
b-14. Administration. Administration and control of the provisions of this subsection shall be under the fire chief.
LRB
APPROVED AS TO FORM
________________________
Legislative Reference Bureau
Date:______________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
_____________________________
Office of the City Attorney
Date:________________________
Requestor
Drafter
LRB03527-3
TWM/cac
12/12/2003