Ordinance No. 12,414ORDINANCE NO. 12,414
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 8 "ABSENCE," SECTION 1 "HOLIDAYS" AND SECTION 2
"VACATION" OF THE CITY OF BAYTOWN PERSONNEL POLICY MANUAL TO
INCLUDE THE DAY AFTER THANKSGIVING AND CHRISTMAS EVE AS
EMPLOYEE HOLIDAYS, AND TO UPDATE THE LANGUAGE CONCERNING
MAXIMUM VACATION ACCRUALS; PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE
HEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That Chapter 8 "Absence," Section I "Holidays" of the City of Baytown Personnel
Policy Manual is hereby amended to read as follows:
CHAPTER 8
ABSENCE
Section 1. Holidays
New Year's Day, Martin Luther King Day, Good Friday, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, the day after Thanksgiving, Christmas Eve, Christmas Day, one employee holiday, and
such other days as may be declared by the City Council shall be observed as official holidays for City
employees in accordance with the following rules:
a. As many employees as possible shall be given each holiday off consistent with the
maintenance of essential City functions.
b. Full -time employees shall be entitled to paid holidays. Holiday time will be paid or accrued
on an 8 -hour per day basis except Uniformed Fire assigned to 24 hour shift which will be paid
or accrue holiday time on a 12 -hour per day basis.
C. Part -time and temporary employees may be granted unpaid holidays.
d. A full -time employee who works on an official holiday as directed may: (1) be paid for the
actual hours worked at double the regular rate and have the holiday deducted from holiday
accrual; (2) be given equivalent compensatory time off, or (3) accrue the holiday as
administratively determined.
e. If holiday falls on Saturday, the preceding Friday shall be observed, and if holiday falls on
Sunday, the following Monday shall be observed.
f. An employee in authorized or unauthorized leave of absence without pay status must work the
day before and the day after the holiday to receive a paid holiday.
g. Employees desiring to observe religious holidays not coinciding with official holidays may be
given time off without pay or may be authorized to use accrued vacation leave.
h. The maximum accrual an employee may maintain is equal to but not greater than two times
the annual number of designated holidays. An employee who accrues the maximum holiday
leave allowed shall not accrue additional holidays but will be paid for the holiday in the pay
period in which it occurs.
L The employee holiday is granted October 1 of each budget year and must be used no later
than the last full pay period in September of such budget year. The employee holiday does not
accrue and is not part of the maximum accrual for holidays.
Section 2: That Chapter 8 "Absence," Section 2 "Vacation" of the City of Baytown Personnel
Policy Manual is hereby amended to read as follows:
CHAPTER 8
ABSENCE
Section 2. Vacation
Full -time, non -civil service employees shall earn vacation leave as follows:
Years of Service
Vacation er Year
0 -6
10days
>6 — 14
15 days
>14 — 22
20 days
Over 22
1 25 days
Civil Service employees shall earn vacation leave as follows:
Years of Service
Vacation er Year
0 -18
15 days
>18 — 23
20 days
Over 23
25 days
Vacation leave shall be administered according to the following rules:
a. The maximum accrual an employee may maintain is equal to but not greater than two times
his or her annual rate. Employees shall be encouraged to use a substantial portion of their
vacation leave each year.
b. An employee's hire date shall be recorded as the anniversary date for the purpose of vacation
accrual.
C. Department Directors shall schedule or approve vacations giving due consideration to the
needs of the City service and the interests of the employee.
d. Employees shall not be allowed to take vacation during the first six months of employment.
Any employee who is separated from City service during this first six -month period will not
be compensated for vacation accrual.
e. Employees who have successfully completed six months of employment, who are separated
from City service, shall be paid for any unused vacation leave up to but not greater than the
maximum vacation accrual.
f. Vacation leave shall be charged only for time during which the employee would ordinarily
have worked. City holidays will not be charged against vacation time.
g. Deferred vacation will be authorized only in exceptional cases. All requests for deferred
vacation shall be submitted to the Human Resources Department. Deferred vacation shall be
completed as soon as the Department Director can conveniently schedule it in the following
year. Deferred vacation not taken by the end of the year following that year in which it was
due, automatically lapses.
h. Employees being laterally transferred, promoted, or demoted shall retain accrued vacation
leave.
Vacation Transfers:
The City Manager, upon the request and recommendation of the Department Director, may allow
employees to transfer accrued vacation time to a fellow employee to provide paid time off during the
employee's "serious health condition" or their family members (as defined under the FMLA Policy).
The following criteria must be met in order to qualify for this type of transfer:
a. All other leaves accumulated by the seriously ill employee, such as vacation, sick (only half
can be used for family members), holiday, and compensatory time, have been or are projected
to be exhausted prior to any transfer request approval;
b. Authorization through the Human Resources Department for verification of time available;
C. All requirements under the Family Medical Leave Policy have been met and completed;
d. Employees may contribute up to one -half of their accrued vacation leave balance. Transfer of
vacation time for any one individual shall not exceed 12 weeks;
e. The Department Director has the responsibility to plan and schedule work of the department;
therefore, the Department Director must approve all transferred vacation time requests to
ensure the safe, efficient operation of the department; and
All combined leave approved under this Vacation Transfer Policy shall not exceed twelve
(12) weeks.
Section 3: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are
hereby repealed; provided however, that such repeal shall be only to the extent of such inconsistency and in all
other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject
matter covered by this ordinance.
Section 4: If any provision, section, exception, subsection, paragraph, sentence, clause or phrase
of this ordinance or the application of same to any person or set of circumstances, shall for any reason be held
unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this
ordinance or their application to other persons or sets of circumstances and to this end all provisions of this
ordinance are declared to be severable.
Section 5: This ordinance shall take effect immediately from and after its passage by the City
Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the C�Council of the City of
Baytown this the 18" day of November, 2013. /j
yr �� ST HEN H. ONCARLOS, Mayor
ATTEST: ,dY,;•••.... *%
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L TICIA BRYSCI-1, C V Clerk
APPROVED AS TO FORM:
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ACIO RAMIREZ, SR., City A06mey
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