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Chapter 14 - Personnel
Policies
Local Law No. 4, 1975
§ 14-1.
§ 14-2.
§ 14-3.
§ 14-4.
§ 14-5.
§ 14-6.
§ 14-7.
§ 14-8.
§ 14-9.
§ 14-10.
§ 14-11.
§ 14-12.
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Application of
provisions.
Holidays.
Vacations.
Sick leave.
Accumulated sick leave.
Personal leave.
Word usage.
Authority to establish regulations.
Effective date.
Guaranty of minimum pay and overtime rates for certain employees.
Early retirement incentives.
Residency.
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[HISTORY: Adopted by the Board of Trustees of the Village of Farmingdale
10-20-75 as Local Law No. 4, 1975.1 Amendments noted where
applicable.]
§ 14-1. Application of provisions.
| A. |
The provisions of these rules and
regulations shall apply to the following officers and employees of
the Incorporated Village of Farmingdale whether they have a
classified or unclassified status under the Civil Service Law of
the State of New York, but shall not apply to those employees who
are seasonal or part-time employees employed at hourly rates:
| (1) |
Village officers: Clerk of
the village, Deputy Clerk of the village, Superintendent
of Public Works, Deputy Superintendent of Public Works,
Clerk of the Village Justice Court and Building Inspector.
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| (2) |
Village employees:
employees employed at the office of the Village Clerk;
employees of the Highway Department and Water Department;
and Firehouse dispatchers
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| B. |
Whenever reference is hereafter
made to village employees, such reference shall be deemed to apply
to those officers and employees to whom these rules and
regulations are applicable as hereinabove set forth. |
§ 14-2. Holidays.
| A.
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Employees shall be entitled to
eleven (11) paid holidays. Holidays will conform to the Federal
Holiday Schedule when applicable.
*July
Fourth
*Labor
Day
Columbus Day
Veterans Day
*Election
Day
*Thanksgiving
Day
Christmas Day
New Year's Day
Lincoln's Birthday
Washington's Birthday
Memorial Day
*Note: Not controlled by Federal Holiday Schedule.
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| B.
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No deduction shall be made from
salaries payable to such employees by reason of such holidays.
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| C.
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In the event that any of the
foregoing holidays shall fall upon a Saturday, compensatory time
off shall be provided upon such working day as shall be designated
by the head of the department in which such employee is employed,
provided that such compensatory day shall be not later than thirty
(30) days following the holiday.
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| D.
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The Mayor is authorized at his
sole discretion to grant all village employees a half-day off on
the days preceding Thanksgiving Day, Christmas Day and New Year's
Day, subject to the demands of the work load at that time. [Added
7-13-77 by resolution2]
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§ 14-3. Vacations.
| A.
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Employees shall be entitled to
paid vacatons according to their continuous length of employment,
as hereinafter set forth.
| (1).
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Employees shall be
entitled to paid vacation time in accordance with the
following schedule, and all periods of service set forth
in relation to the most current probationary period for
full-time employment and acceptance by the Board of
Trustees and Civil Service Commission shall be computed
from the hiring date.
| (a).
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Each employee who
shall have completed six (6) months of service
shall be entitled to five (5) days of paid
vacation.
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| (b).
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Each employee who
shall have completed one (1) year of service shall
be entitled to eleven (11) days of paid vacation,
less such vacation time as may have been taken
under Subsection A(1)(a) hereof.
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| (c).
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One (1) vacation
day per year will be added to the vacation time
hereinabove specified in Subsection A(1)(b) after
the first year of service.
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| (d).
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Each employee
having completed ten (10) years or more of service
shall be entitled to a maximum of twenty (20) days
of paid vacation time.
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| (2).
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The employee's supervisor
shall be notified in advance, in writing, of the request
for vacation time, not later than April 1 of each year,
but in no event less than sixty (60) days in advance of
said vacation.
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| (3).
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The scheduling of
vacations, including the continuity thereof, shall be
within the sole discretion of the department head and is
subject to approval by the Board of Trustees.
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| (4).
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In the event that the
vacation requests are not submitted as above stated, then
seniority will not be considered in vacation schedules. It
is understood, however, that paramount consideration shall
be given to any work requirements if necessary for village
services.
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| (5).
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Upon termination of
service for any reason, other than discharge for cause, or
upon the death in service of any employee covered hereby,
such employee or his or her legal representative shall be
entitled to cash payment of the monetary value of his or
her unused vacation during the preceding year. Such cash
payment shall be upon certification by the department head
to the Payroll Department of the amount due.
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| B.
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The vacation time herein permitted
may not be accumulated and used in consecutive years. |
§ 14-4. Sick leave.
| A.
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[Amended 5-23-77 by L.L. No. 4,
1977; 5-22-78 by resolution] Each employee shall be entitled to a
credit of ten (10) days for sick leave during any year commencing
June 1, hereinafter referred to, for the purpose of this local
law, as the "fiscal year."
| (1).
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If any employee uses none
or only a portion of his or her yearly sick leave during
the fiscal year, the balance of his or her sick leave
shall be credited to him or her until a maximum of one
hundred twenty (120) days is so credited. [Amended 9-12-77
by L.L. No. 6, 1977]
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| (2).
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If any employee takes more
than ten (10) days' sick leave during any fiscal year, he
or she shall not be compensated for those days in excess
of the (10) days unless he or she has accumulated credit
pursuant to Subsection A(1), in which event any additional
days shall be charged against such credit until the same
is completely used.
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| B.
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Sick leave shall be granted only
when an employee is required to be absent from his employment by
reason of illness. If an employee shall have used three (3)
consecutive days of sick leave, a certificate from a licensed
physician attending the employee shall be submitted to the
department head attesting to his or her illness. Frequent absences
of less than three (3) days, at the direction of the Board, shall
require a physician's certification as to illness.
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| C.
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The village reserves the right to
verify the disability of an employee by requiring the
certification of a physician of its choice, in which event the
employee shall submit to such examination which shall be at the
expense of the village.
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§ 14-5. Accumulated
sick leave. [Amended 9-12-77 by L.L. No. 6, 1977]
Upon termination of service for any reason other than
discharge for cause, or upon the death in service of any officer or
employee, such officer or employee and his or her legal representative
shall be entitled to be paid for accumulated sick time based upon the then
wage or salary of the officer or employee; provided, however, that
notwithstanding the provisions of § 14-4A(1), payment hereunder shall not
be made for a period exceeding ninety (90) days of accumulated sick leave.
§ 14-6. Personal leave.
| A.
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Each employee covered hereby is
entitled to but shall not exceed three (3) personal days per
fiscal year, June 1 through May 31 of the succeeding year, and
shall not be subject to a carry-over in any subsequent fiscal
year. Such personal days are to be used for his or her personal
business. [Amended 9-27-76 by L.L. No. 10, 1976]
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| B.
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Personal leaves may be taken only
with prior approval of the department head after the submission of
a request for same, in writing, and the approval thereof. Personal
days are not intended for the day prior or the day after any
holiday for which the employee is afforded time off, or the day
before or day after a vacation.
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| C.
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In case of emergency, an employee
shall notify the village office at the earliest possible time.
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| D.
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Religious holidays will be
approved for observance and shall be chargeable to personnal
leave.
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| E.
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Absence for reason of death in the
immediate family shall not be charged against either sick leave or
personal leave days, and for said reason an employee shall be
entitled to three (3) personal days. The immediate family shall be
defined as follows: husband, wife, son, daughter, mother, father,
brother, sister and any other immediate blood relative residing in
the employee's household.
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§ 14-7. Word usage.
The word "Board" shall be construed as if it
read "Board of Trustees of the Incorporated Village of
Farmingdale" wherever the sense of this indenture so requires.
§ 14-8. Authority to establish regulations.
The Board of Trustees of the Incorporated Village of
Farmingdale may, from time to time, fix and establish such additional or
supplementary rules and regulations as it may deem to be necessary to
effect the vacation, sick leave and absence policies set forth in this
local law.
§ 14-9. Effective date.
The provisions of §§: 14-2 and 14-3 hereof shall be
made applicable as of June 1, 1975. The rights of employees under § 14-4
shall be computed from the actual hiring date of village employees who
were village employees on June 1, 1975, or who were thereafter employed.
§ 14-10. Guaranty of minimum pay and overtime rates
for certain employees. [Added 7-13-1977Font size="-1">3.
Employees of the Highway and Water Departments who are
called back to work by the Superintendent of Public Works or Foreman after
they have completed their normal workday shall be guaranteed a minimum of
four hours' pay and overtime rates. This guaranty shall not be operative
when the employee is asked to stay on after his regular workday is
completed, but the employee shall in that event be paid the overtime rate
for the time actually worked.
§ 14-11. Early retirement incentive. [Added
11-18-1985 by L.L. No. 5, 1985]
| A.
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The Board of Trustees of the
Incorporated Village of Farmingdale, New York hereby elects to
provide all its eligible employees with a retirement incentive
program authorized by Chapter 665 of the Laws of 1984.
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| B.
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The commencement date of the
retirement incentive program shall be January 1, 1986.
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| C.
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The open period during which
eligible employees may retire and recieve the additional
retirement benefits shall commence January 1, 1986, and terminate
March 31, 1986.
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| D.
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The actuarial present value of the
additional retirement benefits payable pursuant to the provisions
of this local law shall be funded over a five-year period. The
amount of the annual payment in each of the five years shall be
determined by the Actuary of the New York State Employees'
Retirement System, and it shall be paid by the Incorporated
Village of Farmingdale for each employee who received the
retirement benefits payable under this local law.
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§ 14-12. Residency. [Added 1-11-1988 by L.L. No.
1-1988; amended 5-5-1998 by L.L. No. 1-1998]
Notwithstanding any other provision of law to the
contrary, the holders of appointed village offices within the Incorporated
Village of Farmingdale, except members of the Zoning Board of Appeals and
Planning Board, may reside at any location within the County of Nassau or
in the County of Suffolk.
1 Editor's Note: This local law supersedes former Ch. 14,
Personnel Policies, adopted 6-1-63, amended 10-2-72.
2 Editor's Note: This resolution did not specifically amend Ch.
14, but was included here as the most appropriate location for inclusion
in the Code book.
3 Editor's Note: This resolution did not specifically amend Ch.
14, but was included here as the most appropriate location.
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