(a) Appointees. Appointees, as defined in Section 35-3-71 of this Code. are entitled to vacation leave with pay on the basis of one day for every ten days of service, provided that total vacation leave earned may not exceed 20 days per fiscal year. The 20 days of vacation leave shall include any vacation leave previously earned in the fiscal year in which the employee became an administrator or was placed on the administrative roster.
(b) Subject to the conditions and limitations contained in this section, all City employees, as defined in Section 35-3-71 of this Code, except those specifically excluded by this section and those provided for in Section 35-3-79 of this Code, shall be eligible for vacation leave as follows:
Term of Service: Vacation Leave Earned
Less than 6 months: None
After 6 months: 5 days
After 1 year: An additional 5 days
2 through 5 years: 10 days
6 years: 11 days
7 years: 12 days
8 years: 13 days
9 years: 14 days
10 through 12 years: 17 days
13 years: 18 days
14 years: 19 days
15 years or more: 20 days
(c) Eligibility. Except for appointees, as defined in Section 35-3-71 of this Code, City employees. as defined in Section 35-3-71 of this Code, hired during the course of the fiscal year shall not be eligible for vacation leave without deduction of pay until they have earned at least 1,000 hours of paid lime, exclusive of overtime or premium time, and until they have attained status as City employees for at least six months. When eligible, City employees shall be entitled to five days of vacation leave. Once City employees have earned at least 1,600 hours of paid time, exclusive of overtime or premium lime, and have attained status as City employees for at least 12 months, they are entitled to five additional vacation leave days. In order that a City employee’s time may be computed on a fiscal year basis, on July 1st following the employee’s first year anniversary date of employment, the employee shall be entitled to a prorated vacation leave, computed by multiplying the number of months remaining from the anniversary date, for which the employee was paid for not less than 18 normal service days, to the end of the fiscal year by 8.3 percent of ten days and rounding the product to the nearest whole number. Thereafter, the employee’s vacation leave shall be computed on a fiscal year basis.
(d) Vacation leave proration. During a fiscal year, City employees, as defined in Section 35-3-71 of this Code, who: 1) fail to accumulate the required 1,600 hours; 2) die; or 3) separate from service, either temporarily or permanently, at a time when it is apparent that the employee will not accumulate 1,600 hours of paid lime, shall be entitled to vacation leave before such separation computed as follows: 8.3 percent of the vacation leave credit of the previous July 1st multiplied by the number of calendar months in which City employees have been paid for, not less than 18 normal service days, excluding overtime, and rounded to the nearest whole number. After 1,600 hours are worked in the current fiscal year. City employees shall be entitled to 100 percent of their vacation leave for the next fiscal year beginning July 1st. In the special situation where a City employee has attained status for at least 12 months but has not yet been placed on a fiscal year basis, and such employee is separated from service, said employee shall be entitled to prorated vacation leave, computed by multiplying the number of months worked from the one-year anniversary date to the date of separation by 8.3 percent of ten days and rounding the product to the nearest whole day.
(e) Time of taking vacation leave. The time for taking vacation leaves shall lie in the discretion of the department director or agency head, who shall be guided by the interests of public service, provided that no City appointee or employee may liquidate consecutively more than 25 days of vacation leave, except by approval of the Chief Financial Officer. Where a City appointee or employee becomes ill during or prior to the appointee or employee’s vacation leave, the City appointee or employee shall be entitled to reschedule the appointee or employee’s vacation leave after proof of such illness. A City appointee or employee who is on extended sick leave of one month or more on October 1st of any year shall be entitled, upon prior written application to the appointee or employee’s department, director or agency head and to the Chief Financial Officer, to a lump sum payment in lieu of time off for all vacation leave earned but not liquidated during the preceding fiscal year.
(f) Charges to vacation leave bank. Vacation leave shall be charged against a City appointee’s or employee’s vacation leave bank only in four- or in eight-hour increments.
(g) Holidays and excused time holidays not considered vacation time. Holidays and excused-time holidays that fall within a City appointee’s or employee’s vacation leave shall not be considered as vacation leave time, provided, that such holidays and excused-time holidays are recognized by this division as official holidays or excused-time holidays for compensation purposes.
(h) Maximum vacation leave. Any City appointee or employee who is governed by this division shall not be allowed to carry over more than 160 vacation leave hours on October 1st of any year, exclusive of any vacation leave time that is earned by any City appointee between July 1st and September 30th of the same year, or by any City employee between April 15th and September 30th of the same year.
(i) City appointees and employees discharged for cause or separated from service for other reasons. City appointees and employees who are discharged lor cause, who are absent without leave for five consecutive days and are not approved for personal, medical, or other leave that is made available by the City, or who resign their City employment in lieu of termination or discipline, shall be ineligible to receive any accrued vacation leave, provided, that, upon their written request, such appointees and employees may be paid their accrued vacation leave where their department director or agency head determines that the circumstances warrant such action and approves the request and the Chief Financial Officer concurs in the approval.
(j) Deceased City appointees and employees. Upon the death of any City appointee or employee, payment for any unused vacation leave shall be made to the estate of the City appointee or employee.
(k) Rehired City appointees and employees. Insofar as vacation leave privileges are concerned, any City appointee or employee who is rehired after resignation, discharge for cause, or retirement shall reenter City service, as the case may be, as a new City appointee or employee.
Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-19 (JCC. 6/9/20, Pass. 6/30/20, App. 7/2/20, Pub. 7/20/20, Eff. 7/20/20).
(a) Appointees. Appointees, as defined in Section 35-3-71 of this Code, are entitled to current sick leave with pay on the basis of one day per month. Upon appointment, appointees, as defined in Section 35-3-71 of this Code, shall retain their current sick leave, prior sick leave, and reserve sick leave banks with earnings to date.
(b) Employees. City employees, as defined in Section 35-3-71 of this Code, who have completed three months of continuous service shall be granted one day of sick leave for every service month that the employee is on the payroll for the entire month and that the employee has worked 80 percent of the employee’s scheduled hours, not to exceed 12 sick leave days in any one fiscal year. Sick leave shall accrue in full days only. Sick leave as provided for in this subsection shall accrue from the date of hire, but only after the City employee shall have become eligible for such leave in accordance with the provisions of this division.
(c) Current Sick Leave Bank. After appointment or hiring, sick leave shall accrue from the beginning of each fiscal year and shall be capped at 300 hours, provided that additional accrual shall occur where the bank falls below 300 hours until the bank reaches the cap at 300 hours. Sick leave may not be granted in anticipation of future service.
(d) Prior Sick Leave Bank. Effective June 15, 2013, each City employee or appointee’s Current Sick Leave Bank, which was earned prior to June 15, 2013, shall continue at its existing level until utilized.
(e) Reserve Sick Leave Bank. Effective June 15, 2013, each City employee or appointee’s Reserve Sick Leave Bank, which was earned prior to June 15, 2013, shall continue at its existing level until utilized.
(f) Sick leave bank balances. Sick leave bank balances shall be delineated in hours and shall be itemized on an employee’s or appointee’s pay check stubs.
(g) Use of sick leave. Effective June 15, 2013, sick leave shall be deducted as follows:
(1) Firstly, from an employee’s or appointee’s Current Sick Leave Bank, which has accrued in accordance with Subsection (c) of this section;
(2) Secondly, from an employee’s or appointee’s Prior Sick Leave Bank, which under Subsection (d) of this section, accrued prior to June 15, 2013; and
(3) Thirdly, from an employee’s or appointee’s Reserve Sick Leave Bank, which under Subsection (e) of this section, accrued prior to June 15, 2013.
(h) Notification of absence to immediate supervisor or designated authority. In order for sick time to be deducted in accordance with Subsection (g) of this section, a City appointee or employee who must be absent, where permission has not already been granted, shall notify the employee's immediate supervisor or designated authority:
(1) Either within two hours after the employee’s scheduled starting time, or, when in the judgment of the immediate supervisor or designated authority no ear lier notice was possible, within the working hours of the day of absence; or
(2) Where the City employee is assigned to a seven-day, 24-hour operation, two hours prior to the start of the employee’s shift. Failure to give proper notice may be used by the immediate supervisor or designated authority as the reason to deny sick leave with pay.
(i) Medical documentation. Proof of illness shall be provided by medical documentation for all sick leave granted beyond three consecutive days, provided, that the granting of sick leave for not more than three consecutive days without the necessity of medical documentation shall be discretionary with the department director or agency head, and all excuses for medical absences shall be subject to verification as the department director or agency head may require, including, but not limited to, examination by a physician selected by the Director of the Human Resources Department.
(j) Charges to sick leave banks. Sick leave shall be charged against a City appointee's or employee’s Current Sick Leave Bank, Prior Sick Leave Bank, and Reserve Sick Leave Bank only in four- or in eight-hour increments.
(k) Departmental leave. Absences for any reason under this subsection shall be deducted only from a City appointee or employee’s Current Sick Leave Bank. Absences for the purpose of taking City examinations, except non-competitive promotion examinations, attending a wedding of a member of the appointee or employee's immediate family, consulting the draft board, participating in documented activities at public and private schools, and other justifiable absences in the judgment of the immediate supervisor or designated authority, shall be considered proper charges only against a City appointee or employee’s Current Sick Leave Bank, provided, that permission for such absence must be secured from the immediate supervisor or designated authority and that the immediate supervisor or designated authority may permit such absence with pay to the extent of five working days in any one fiscal year.
(l) Accrual during service. Absence shall not interrupt the accrual of sick leave where the City appointee or employee continues on the payroll and the appointee or employee is receiving compensation, provided, that, except where a City appointee or employee is receiving workers’ compensation, absences without pay shall stop the accrual of sick leave, provided further, that upon the appointee or employee’s return in good standing, the appointee or employee may be granted all sick leave accrued on the basis of the appointee or employee’s prior service, provided further, that any City appointee or employee returning from any branch of the armed services shall be granted all sick leave accrued on the basis of the appointee or employee’s prior City service.
(m) Workers’ compensation.
(1) A City appointee or employee who sustains injury or occupational disease arising out of and in the course of City employment shall be continued on the payroll, and the appointee or employee’s time shall be charged to the appointee or employee’s sick leave banks in accordance with Subsection (g) of this section, provided, that in the absence of any sick leave bank, the appointee or employee shall be paid regular wages or salary to the extent of two-thirds of the appointee or employee’s daily wage or salary but for a period not to exceed seven days, further provided, that where the City appointee or employee has sick leave and receives income under the Michigan Workers’ Compensation Act, being MCL 418.101 et seq., such income shall be supplemented by the City with an amount sufficient to maintain the appointee or employee’s regular salary or wage for a period not to exceed that of the City appointee or employee’s Current Sick Leave Bank, Prior Sick Leave Bank, or Reserve Sick Leave Bank, and such sick leave banks shall be charged in accordance with Subsection (g) of this section for all sick leave days paid to such employee.
(2) Clarification to Sec. 35-3-74(m)(1). Subsection of this section is clarified to confirm that City public safety employees who participate in the City of Detroit Police and Fire Retirement System (PFRS) and who are determined to be temporarily disabled due to an injury or illness sustained in connection with their employment shall be entitled to receive their regular pay in lieu of any workers’ compensation wage loss benefits.
(n) Reassignment or transfer to different department or agency not to void leave. A City appointee or employee who is reassigned or transferred to another department or agency and is otherwise entitled to the benefits under this section shall not lose any accumulated and unused sick leave.
(o) Death or termination of service ends entitlement to sick leave. Except for the reasons provided for in Section 35-3-75 of this Code, death or termination of service ends all entitlement to any unused sick leave. In addition, continuous leave, as defined in Section 35-3-71 of this Code, or continuous leave of absence, as defined in Section 35-3-71 of this Code, or layoff, which is in excess of four years, ends any entitlement to unused current sick leave, prior sick leave, and reserve sick leave.
Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-42 (JCC. 6/16/20, Pass. 11/24/20, App. 11/25/20, Pub. 12/7/20, Eff. 12/7/20).