Bakersfield Municipal Code Ch. 2.84 Compensation

Sections: 2.84.010 Compensations for boards and commissions. 2.84.020 Salary plan. 2.84.030 Standard work period—Probationary and permanent employees. 2.84.040 Standard work period—Fire department. 2.84.060 Standby—Police and fire. 2.84.070 Attendance. 2.84.080 Salary ranges—Pay periods. 2.84.090 Disbursements. 2.84.100 Annual resolution. 2.84.110 Temporary employment—Rate of pay. 2.84.120 Computation of salary. 2.84.140 Promotion. 2.84.150 Acting appointments, temporary assignments and rates of pay. 2.84.160 Salary adjustments. 2.84.180 Overtime—Policy. 2.84.190 Overtime—Eligibility. 2.84.200 Overtime—Rates of payment. 2.84.210 Overtime—Compensatory time. 2.84.220 Overtime—Accumulation. 2.84.230 Overtime—Callback for firefighting. 2.84.240 Overtime—Compensation—Pay-period basis. 2.84.250 Overtime—Compensation—Termination. 2.84.260 Callback—Additional compensation—Except fire department. 2.84.270 Additional Compensation—Standby—Police and fire suppression excepted—Additional compensation for fire prevention. 2.84.275 Holiday pay—Fire department safety personnel. 2.84.290 Voluntary extra duty of police.

2.84.300 Deduction from wages. 2.84.310 Severance pay—Generally. 2.84.320 Severance pay—Conditions for inapplicability. 2.84.330 Annual vacation leave—Generally. 2.84.340 Annual vacation leave—Eligibility. 2.84.350 Annual vacation leave—Accrual. 2.84.360 Annual vacation leave—Computing vacations. 2.84.370 Annual vacation leave—Absence without pay. 2.84.380 Annual vacation leave—Credited. 2.84.390 Annual vacation leave—Use of vacation. 2.84.400 Annual vacation leave—Determination of vacation. 2.84.420 Annual vacation leave—Holidays on vacation. 2.84.430 Annual vacation leave—Sick leave during vacation period. 2.84.440 Annual vacation leave—Loss for nonuse—Limitation of accrual. 2.84.450 Annual vacation leave—Vacation at termination. 2.84.460 Annual vacation leave—Vacation benefits for deceased employees. 2.84.490 Sick leave policy—Probationary and permanent employees. 2.84.500 Sick leave—Proof of illness. 2.84.510 Sick leave—Eligibility. 2.84.520 Sick leave—Computation—Generally. 2.84.530 Sick leave—Computation—Fire department twenty-four-hour shift. 2.84.540 Sick leave—Leaves of absence or holidays. 2.84.550 Sick leave—Accumulation—Additional vacation in lieu of sick leave. 2.84.560 Sick leave—Depletion. 2.84.570 Sick leave—Payment for accumulated leave—Upon retirement. 2.84.580 Sick leave—Payment for accumulated leave—Because of medical disability. 2.84.590 Sick leave—Retention of accumulated leave on rehiring. 2.84.620 Leaves of absence.

A. Except as specifically provided in this chapter, members of all boards and commissions of the city shall serve without compensation for their services.

B. The members of the planning commission and civil service commissions of the city shall be entitled to receive, as compensation for services, twenty-five dollars per regular meeting attended, to a maximum of one hundred dollars per month for each such member.

C. The members of all boards and commissions may be reimbursed for travel or other expenses incurred in the discharge of their duties upon authorization of the council of the city. (Ord. 2617 § 1, 1981; prior code § 3.18.010)

The general basis for allocating a salary range of pay to a class or position is to provide “equal pay” for “equal work.” This applies to the relationship between jobs of comparable cities and those in the community, as well as to the internal relationships among city positions.

A. Administration. The city manager shall administer the step salary plan and from time to time make recommendations to the council of the city on the allocation of salary range to classes or positions. The city council shall set the salary range for each class or position within the city service.

B. Step Salary Plan. The step salary plan shall consist of a salary range for each class or position title as listed in the Schedule of Salaries and Related Benefits adopted by resolution of the city council. Each class or position salary shall include a salary range with five steps of rates of pay. The five steps within a class or position salary range shall be administered in the following way:

1. Step One—First Step. The first step of each range is the beginning salary level and is the standard hiring
rate for a class or position.

2. Step Two—Second Step. Employees shall be advanced to step two after six months of satisfactory service
in step one and after advancement is recommended by the department head and approved by the city
manager.

3. Step Three—Third Step. Employees may be advanced to step three of the salary range allocated to their
class or position after a minimum time of one year of satisfactory work has been spent in step two, and after
a recommendation has been made by the department head and approved by the city manager.

4. Step Four—Merit. This step is reserved for employees who are considered to be fully qualified in their
class and who maintain a consistent satisfactory standard of work performance. An employee may be
advanced to step four after a minimum of one year’s service in step three, upon the recommendation of the
department head with the approval of the city manager. An employee advanced to step four of the pay range
shall retain such status so long as job performance remains at the level required to attain this step.

5. Step Five—Merit. This step is to be considered a further and final step for employees who attain and
maintain a thoroughly satisfactory standard of work performance. An employee may be advanced to step five
after a minimum of one year’s service in step four, upon recommendation of the department head with the
approval of the city manager. An employee advanced to step five of the pay range shall retain such status as
long as job performance remains at the level required to attain this step.

6. Y-rating—Positions Abolished. Employees who have had their position abolished and who are reallocated
in city service in a different classification are considered to be Y-rated. Employees in step Y shall continue
receiving the same rate of compensation until the rate of compensation of their new positions equals or exceeds their Y-rated salary or until the employee is appointed to a higher paying position, whichever shall
occur first. The Y-rate shall not be applicable to layoffs.

C. Step Increases. No step increase shall be considered automatic or subject to increase by reason of time-in- service. All increases shall be based upon increased service value of the employee performance records, and must be recommended by the department head and approved by the city manager. Withholding recommendation for advancement to merit steps four and five shall not be considered a disciplinary action. All recommendations for salary step increases shall be submitted to the city manager for approval thirty calendar days before the effective date. Upon submission of satisfactory evidence and recommendation of the department head and the qualifications of the employee warrant, the city manager may authorize employment to any step. In computing length of service for step advancement purposes, service begins accruing from date of appointment to the position.

D. Merit Step Deferral. When an employee no longer meets the standards set for a merit step, the department head may recommend deferring a merit step increase. Such recommendation shall be made upon an Employee Performance Evaluation Form with a copy furnished to the employee of proposed deferral. If and when the employee’s performance has improved to the point that a merit step increase is justified, the department head shall initiate and forward Personnel Action Form to the human resources manager for approval.

E. Merit Step Reduction. When an employee no longer meets the standards set for a merit step, the department head may recommend withdrawal of the merit step increase. Such recommendation shall be made upon the Employee Performance Evaluation Form with a copy furnished to the employee sixty calendar days prior to the effective date of proposed reduction. Reevaluation of the withdrawal recommendation on an Employee Evaluation Form with a copy furnished to the employee shall be made by the department head thirty calendar days prior to the effective date of action. If the withdrawal recommendation is maintained and approved by the city manager, the employee shall be reduced by one merit step. Employees no longer meeting standards established may be reduced for all merit steps following the above procedure. Any employee reduced from a merit step shall again be eligible for advancement six months after effective date of reduction. (Ord. 4986 § 1, 2019; Ord. 4897 § 1, 2017; prior code § 3.18.020)

A. The standard work period for probationary and permanent employees of the city shall be forty hours during a fixed period of seven twenty-four-hour periods for all classes of employment with the exception of fire department employees who are assigned to work twenty-four-hour duty shifts.

B. The department head, with the approval of the city manager, shall establish the workday for employees.

C. The salary schedule and the computation of all employee benefits shall be based on a standard work period. (Prior code § 3.18.030)

A. The standard work period for probationary and permanent employees of the fire department, assigned to twenty-four-hour shifts, shall average one hundred twelve hours over a two-week pay period, to average one hundred twenty-one shifts on an annual basis.

B. Such employees assigned to firefighting shall be on duty for a twenty-four-hour period from 0800 (eight a.m.) to 0800 (eight a.m.) the following day. (Prior code § 3.18.032)

Probationary and permanent police and fire department safety employees shall be considered available for duty at all times and subject to orders in case of need. (Prior code § 3.18.036)

A. All employees shall be in attendance at their work or assigned duties at time and place prescribed by the department or division to which they are assigned.

B. Each department shall keep attendance records. (Ord. 4837 § 1, 2016; prior code § 3.18.040)

A. All probationary and permanent employees of the city shall earn their wage based on a salary allocated to their class or position.

B. All such employees shall be paid on a biweekly basis. (Prior code § 3.18.050)

A. Pay Dates. Pay dates for city departments or divisions shall be established by the finance department.

B. Early Release of Check. Procedure for the early release of checks shall be established by the finance department. In no event shall early payments be made for services not yet performed by the employee. (Ord. 4838 § 1, 2016; prior code § 3.18.058)

The “Annual Resolution Setting Salaries and Related Benefits For Officers and Employees of the City of Bakersfield” shall become a part of this chapter and shall take precedence over any other provision of this chapter inconsistent with the provisions contained therein. (Prior code § 3.18.060)

A. Temporary employees shall be compensated for the actual time worked at the hourly or same rate of pay designated in the Schedule of Salaries and Related Benefits adopted by resolution of the city council, or when not so designated, at the regular hourly rate of pay allocated to the class or position so assigned.

B. Temporary work performed by any person shall not entitle the person to any vacation credit or other employee benefits.

C. Temporary employees shall be eligible to accrue and use sick leave as required by law.

D. No temporary employee shall attain civil service status because of the employment. (Ord. 4808 § 2, 2015; prior code § 3.18.080)

A. All probationary and permanent employees of the city shall earn their wages based on the salary allocated to their class or position as set forth in the Schedule of Salaries and Related Benefits adopted by resolution of the city council. An hourly rate of pay for all such employees shall be computed by dividing the biweekly salary allocated to the employee’s class or position by eighty hours if no hourly rate of pay is allocated in such schedule for the class or position. Hourly rates shall be computed to three decimal places.

B. A shift rate of pay for probationary and permanent fire department employees who are required to work twenty-four-hour duty shifts shall be computed by dividing the biweekly salary allocated to the employee’s class or position by five and five thousand one hundred and seventy-five ten thousandths (5.5175) shifts if no shift rate of pay is allocated to the class or position in the Schedule of Salaries and Related Benefits as adopted by resolution of the city council. The rate shall be carried to three decimal places and rounded off to yield a full biweekly salary.

C. An hourly rate of pay for fire department positions allocated a shift rate of pay in the Schedule of Salaries and Related Benefits adopted by resolution of the city council, shall be computed by dividing the shift rate of pay by fourteen and four thousand nine hundred and ninety-four ten thousandths (14.4994) hours. Hourly rates shall be computed to three decimal places. (Prior code § 3.18.090)

Employees promoted from one class or position to another having a higher salary range shall be adjusted to the lowest step in the salary range of the new class or position which is at least five percent higher than the rate received in the employee’s former class or position except that adjustment cannot be greater than step five. (Prior code § 3.18.100)

A. Acting Appointments of Permanent Employees and Rates of Pay. Department heads, with the approval of the city manager, may assign the duties and responsibilities of a vacant position to a permanent employee for a period of time more than two weeks, but not in excess of six months.

1. Such appointments in excess of six months may be made with the approval of the appropriate civil service board. The compensation shall be within the salary range of the class so assigned.

2. The city manager may approve a salary increase for a management employee up to a maximum of five percent for a period not to exceed one year in those instances when the employee is at level five and temporarily assumes significantly more responsibility in the same job classification.

B. Temporary Assignments. Permanent employees may be assigned to perform the duties of a higher classification. Such assignment shall result in not more than a five percent salary increase per grade temporarily assigned above permanent assignment.

1. An employee who is on vacation or leave of absence that provides for a salary while serving in a temporary assignment shall be compensated at his or her regular rate of pay and not the temporary assignment rate. An employee serving in a temporary assignment who seeks payment for compensatory time earned or sick leave conversion pay shall be compensated at the regular rate of pay and not the temporary assignment rate.

C. Lead Assignment—General Employees—Blue Collar and White Collar. When any general employee, blue collar or white collar, is assigned to lead a crew of three or more members who are assigned to the same salary grade as the leader, the leader shall receive a salary adjustment of five percent increase during the period of the lead assignment.

1. Lead Responsibilities. When an employee in the classification of light equipment operator, heavy
equipment operator, tree maintainer II, sewer maintainer, maintenance craft worker I, maintenance craft
worker II or scrap rig operator is assigned to lead responsibilities for the majority of a shift to a project, truck
or job, he or she shall receive a salary adjustment increase of five percent during the period of such
assignment.

D. Assignment to Higher Classification—Fire Department Employees. Any eligible fire department employee who is assigned duties of a higher classification shall be paid the wage rate of the higher classification for all the time he or she performed such duties, if assigned to such duty for more than twelve continuous hours, in accordance with the administrative rules and regulations. (Ord. 4898 § 1, 2017; Ord. 3118 § 1, 1987; Ord. 2782 § 5, 1982; Ord. 2655 §§ 1—3, 1981; Ord. 2567 § 1, 1980; prior code § 3.18.110)

A. Effective Date. Step salary increases shall take effect immediately following qualification of such advancement.

B. Increment Date. Increment dates for permanent employees of the city shall be the last date of step salary increase. When an employee is promoted or demoted to another position, the increment date shall be the effective date of such transaction. When a class or position is allocated a new salary range, employees holding such class or position shall have their existing salary adjusted to the same step within the new salary range, and such adjustment shall not alter the increment date of the employee. (Ord. 4899 § 1, 2017; prior code § 3.18.130)

A. In case of emergency, or whenever the public interest requires, employees may be requested to perform overtime work.

B. The performance of overtime work by employees within the municipal service shall be kept to a minimum and authorized only when necessary for the efficient operation of the departments and activities of the city.

C. Overtime may only be authorized by the department head or city manager. (Prior code § 3.18.140(a))

A. All probationary and permanent employees designated by the letters “A,” “B” or “C” preceding each class title in the salary schedule, as adopted by resolution of the city council, shall be eligible for payment of authorized overtime worked in excess of the established work period, or equivalent compensatory time off, as determined by the department head.

B. Probationary and permanent employees whose positions are designated by the letter “D” preceding each class title in the salary schedule, as adopted by resolution of the city council, shall not be eligible for overtime compensation. Such employees are compensated on the basis of job responsibilities and the characteristics of the work performed. Additional time required to perform this work shall not be considered overtime. However, in the event department operations require extra work assignment of an employee so designated, the department head may recommend payment or additional hours worked at the regular straight-time rate. All such extra work assignments and payment therefor must be approved in advance by the city manager. (Prior code § 3.18.140(b))

A. Eligible employees designated by the letters “A” or “B” may be authorized payment for one and one-half times the hours of authorized overtime worked in excess of the established work period when the department head determines it is in the best interest of the operation of his or her department and the city.

B. Eligible employees designated by the letter “C” may be authorized payment at the regular straight-time rate for hours of authorized overtime worked in excess of the established work period, when the department head determines it is in the best interest of the operation of his or her department and the city. Police supervisory employees may be credited with overtime pay at the rate of one and one-half times the hours of authorized overtime worked in excess of the established work period.

C. Eligible employees designated by the letter “B” who are required to be out of town for more than forty-eight hours on an assigned investigation shall be paid for twelve hours at the regular straight-time hourly rate for a full twenty-four-hour day from the time they reported for duty. For those hours worked which are less than the full twenty-four-hour increment, they shall be paid at the regular straight-time hourly rate for hours worked, not to exceed twelve hours. (Prior code § 3.18.140(c))

A. Eligible employees designated by the letters “A” or “B” may be credited with compensatory time off at one and one-half times the hours of authorized overtime worked in excess of the established work period in lieu of payment therefor under subsection A of Section 2.84.200.

B. Eligible employees designated by the letter “C” may be credited with compensatory time off at the regular straight-time rate for authorized overtime worked in excess of the established work period in lieu of payment therefor under subsection B of Section 2.84.200. Police supervisory employees may be credited with compensatory time off at one and one-half times the hours of authorized overtime worked in excess of the established work period.

C. Eligible employees current rate of pay shall be used as a conversion factor if necessary to convert compensatory time into overtime pay. (Ord. 4900 § 1, 2017; prior code § 3.18.140(d))

A. Generally. Eligible employees designated by the letters “A,” “B” or “C” preceding each class title in the salary schedule, as adopted by resolution of the city council, may accumulate overtime as compensatory time. Such compensatory time shall not exceed sixty hours, unless approved by the city manager prior to the accumulation.

B. Fire Department. Overtime accumulated as compensatory time for eligible employees of the fire department assigned to a twenty-four-hour duty shift shall be converted to a fraction of a shift. Such employees may accumulate compensatory time up to, but not exceeding, a credit for four twenty-four-hour duty shifts. All other eligible employees of the fire department may accumulate compensatory time up to, but not exceeding, a credit of sixty hours. Such compensatory time shall not exceed sixty hours, unless approved by the city manager prior to the accumulation.

C. Promotion. Eligible employees receiving a promotion to a class or position with a higher designated salary range shall first be compensated with time off or equivalent pay for all authorized overtime accumulated. (Ord. 4901 § 1, 2017; Ord. 2782 § 7, 1982; Ord. 2567 § 2, 1980; prior code § 3.18.140(e))

A. Employees of the fire department called back to fight a fire shall be compensated with a credit of compensatory time off at two times the hours of overtime worked or equivalent pay as determined by the department head.

B. Such overtime for those employees assigned to a twenty-four-hour duty shift shall be converted to a fraction of a shift for purposes of recording compensatory time earned.

C. Fire suppression employees called back, after being relieved, shall be compensated for a minimum of two hours. (Ord. 2567 § 2, 1980; prior code § 3.18.140(f))

A. When overtime pay is authorized by the department head, eligible employees shall be compensated for overtime work performed on a pay-period basis.

B. Pay for such overtime worked in excess of the established work period shall be designated on the employee’s statement of earnings accompanying the employee’s paycheck (check stub). (Prior code § 3.18.140(g))

Any eligible employee who has authorized overtime accumulated at the time of his termination from service with the city shall receive cash compensation for the overtime calculated upon his rate of pay at the applicable rate at the time of termination. (Prior code § 3.18.140(h))

A. Minimum Time. An employee who is directed to return to work to perform additional services after completion of his or her regular work period shall be authorized a minimum of two hours of work.

B. Credit. Any callback during which the employee performs two or more hours of work shall entitle him or her to an authorized credit for the number of hours actually worked computed to the nearest one-tenth of an hour (six minutes).

C. Prior to Work Period. Any callback which occurs prior to and which continues through the beginning of the employee’s regular work period shall not entitle the employee to the two-hour minimum. The callback shall entitle the employee to an authorized credit of the number of hours actually worked computed to the nearest one-tenth of an hour (six minutes).

D. Compensation. Callback hours which result in additional hours to the basic work week or work period shall be credited to the employee as compensatory time off or paid, as determined by the department head, at the employee’s applicable overtime rate. (Prior code § 3.18.152)

excepted—Additional compensation for fire prevention.

A. If an employee, other than a police or fire suppression employee, who is on call is not confined to his or her home or any particular place, but is required only to leave word where he or she may be reached, the hours spent on such standby call are not working time. Any such employee who is requested to be on call under this section, on his or her normal day off, shall be compensated at the rate of twenty dollars per eight-hour shift. Such employee actually called back to work during such on-call time shall be paid the standby rate and his or her hourly rate for one and one-half times the hours worked computed to the nearest one-tenth of an hour. All standby assignments must be made and authorized by the department head.

B. Fire prevention employees shall be entitled to standby pay in the amount of twenty dollars for each holiday where required to standby. Such employees required to standby on weekends shall be compensated at the rate of five dollars per eight-hour shift. (Ord. 2782 § 8, 1982; Ord. 2567 § 3, 1980; prior code § 3.18.154)

A. All fire unit and fire supervisory unit employees shall accrue holiday pay at the rate of six shifts per year to be paid as follows: One-half or three shifts on or before December 1st of each year and one-half or three shifts on or before June 30th of each year. Fire prevention personnel shall be entitled to standby pay in the amount of twenty dollars for each holiday for which such employee is required to stand by.

B. All fire unit and fire supervisory unit employees required to be on standby status over a holiday shall receive comparable time off at a mutually agreed upon time. Scheduling shall be done so as not to interfere with the operation of the fire safety control division, as staffing is available. (Ord. 3297 § 2, 1990)

A. Officers and members of the police department may voluntarily accept extra-duty assignments for regular police work at public gatherings and functions approved by the chief of police, provided such assignment does not exceed fifty hours in any calendar month.

B. Under such circumstances this section shall prevail over other provisions of this chapter.

C. Members of the police reserve established by Section 2.36.020 may serve gratuitously to assist regular police officers at such public gatherings and functions. (Ord. 2782 § 9, 1982; prior code § 3.18.158)

A. Shares and Savings in Credit Union, U.S. Savings Bonds, Dues in Employee Organization, and For Donations. Employees may authorize approved deductions to be made from their salaries or wages.

B. Written Authorization—Filing

1. Any employee desiring to authorize deductions from his or her salary or wages for the purpose stated in subsection A of this section, shall file a written authorization with the finance director.

2. Such authorization shall state the effective date and the amount which is authorized to be deducted each pay period from the salary or wages of the employee.

3. Such written authorization shall be filed with the finance director not later than five days prior to the expiration of the pay period from which the first deductions so authorized is to be made.

C. Duties of the Assistant City Manager-Finance. The assistant city manager-finance is authorized to approve and act upon authorization for salary and wage deductions filed as provided in subsection B of this section. He or she shall execute checks in the total amounts of such deductions for the preceding pay period payable to the organization for whose benefit deductions have been made from salaries and wages of employees.

D. Revocation of Authorization. Any employee of the city who authorizes any deductions from his salary or wages as mentioned in this section, may revoke the authorization at any time. Such revocation shall be in writing, filed with the finance director. No such revocation shall affect any deductions which the finance director has made in the salary or wages due or payable to an employee so revoking for a pay period which has expired prior to the filing of such revocation.

E. Forms For Authorization and Revocation. For the purpose of facilitating the operation of this chapter, the finance director is authorized to prescribe forms to be used in filing authorizations to make the deduction provided for in this chapter, and in revoking authorizations previously filed.

F. Provisions of Chapter Not Compulsory. Nothing in this chapter shall be construed to require or compel any employee of the city to authorize any deduction to be made in his or her salary or wages or require the finance director to make an early payment of deductions. (Ord. 2782 § 10, 1982; prior code § 3.18.160)

Whenever any permanent employee who has not reached minimum retirement age ceases to be employed by the city by reason of the elimination of a department or of a position, the employee shall be entitled to severance pay to be computed as follows:

A. One To Five Years. Employees who have been employed by the city for one to five years shall be paid an amount equivalent to their last full biweekly salary.

B. More Than Five Years. Employees who have been employed by the city for more than five years shall, in addition to the compensation stated in subsection A of this section, receive an amount equivalent to ten percent of their last full biweekly salary for each year of service or major portion (six months or more thereof) in excess of five years. (Prior code § 3.18.170)

Whenever an employee or department is transferred by operation of law or contract to another governmental entity and by law no loss of benefits occur by reason of such transfer, severance pay under Section 2.84.310 shall not be applicable. (Prior code § 3.18.175)

A. Vacations are provided for all permanent employees and are designed to give the employee an opportunity for rest and relaxation.

B. It is normally expected that the employee will take a reasonable length vacation at least once each year. (Prior code § 3.18.190)

Permanent employees shall earn annual vacation leave for continuous service performed for each calendar year or appropriate fraction thereof. (Prior code § 3.18.190(a))

A. All eligible employees of the miscellaneous and police departments shall earn and take vacation leave on the basis of working days. Accrual of vacation leave shall be at the following rate:

1. First four years, 0.385 of a working day biweekly to yield ten working days annually;

2. Five through thirteen years, 0.577 of a working day biweekly to yield fifteen working days annually;

3. Fourteen years or more, 0.770 of a working day biweekly to yield twenty working days annually.

B. Fire department safety employees who are required to work on twenty-four-hour duty shifts shall accrue vacation leave at the following rates:

1. First four years, 0.180 of a twenty-four-hour duty shift biweekly to yield 4.68 twenty-four-hour duty shifts
annually;

2. Five through fifteen years, 0.270 of a twenty-four-hour duty shift biweekly to yield 7.02 twenty-four-hour
duty shifts annually;

3. Sixteen years or more, 0.360 of a twenty-four-hour duty shift biweekly to yield 9.36 twenty-four-hour
duty shifts annually.

C. All other fire department employees shall accrue vacation leave in the same manner as employees of the miscellaneous departments.

D. Table 2.84.350A and C VACATION ACCRUAL (Excludes Fire Department Safety Personnel and Employees of the General Supervisory, Police Supervisory and Management Units)

Maximum Vacation
Length of Service Biweekly Accrual Rate Annual Accrual Rate
Accrual

0 through 4 years 0.385 10 working days (80 hours) 20 working days (160 hours)

5 through 13 years 0.577 15 working days (120 33 working days (264 hours) hours)

14 years or more 0.770 20 working days (160 49 working days (392 hours) hours)

E. Table 2.84.350B VACATION ACCRUAL—FIRE DEPARTMENT SAFETY PERSONNEL (Required to Work 24-Hour Duty Shifts)

Maximum Vacation
Length of Service Biweekly Accrual Rate Annual Accrual Rate
Accrual

0 through 4 years 0.180 of a 24-hr. duty 4.68 24-hr. duty shifts 14.04 24-hr. duty shifts shift (336.96 hrs.)

5 through 15 years 0.270 of a 24-hr. duty 7.02 24-hr. duty shifts 21.06 24-hr. duty shifts shift (505.44 hrs.)

16 years or more 0.360 of a 24-hr. duty 9.36 24-hr. duty shifts 28.08 24-hr. duty shifts shift (673.92 hrs.)

F. Table 2.84.350D VACATION ACCRUAL (Includes only employees of the General Supervisory, Police Supervisory and Management Units, including the Fire Chief and Deputy Fire Chiefs)

Maximum Vacation
Length of Service Biweekly Accrual Rate Annual Accrual Rate
Accrual

0 through 4 years 0.385 10 working days (80 hours) 30 working days (240 hours)

5 through 10 years 0.577 15 working days (120 48 working days (384 hours) hours)

11 through 13 years 0.577 15 working days (120 54 working days (432 hours) hours)

14 years or more 0.770 20 working days (160 69 working days (552 hours) hours)

(Ord. 4039, 2001; Ord. 3685 § 1, 1995; Ord. 3094, 1987; Ord. 2782 § 11, 1982; Ord. 2655 § 4, 1981; prior code § 3.18.190(b))

Vacations shall be computed by multiplying the number of biweekly pay periods, or fraction thereof, times the appropriate biweekly rate. (Prior code § 3.18.190(c))

For the purpose of computing vacation leave, an employee who is on a leave of absence without pay shall not earn vacation during the absence. (Prior code § 3.18.190(d))

Vacation shall be credited to permanent and probationary employees on a biweekly basis. (Prior code § 3.18.190(e))

Permanent and probationary employees are eligible to take vacation leave as it is earned; however, as a general rule, all accrued vacation should be taken on an annual basis at one time unless under special circumstances or for the convenience of the city, a lesser period is approved by the department head. (Prior code § 3.18.190(f))

A. The time at which an employee may use his or her vacation leave shall be at the convenience of the city.

B. Wishes of the employee shall be taken into consideration when possible. (Prior code § 3.18.190(g))

In the event one or more municipal holidays fall within an annual vacation leave, such holidays shall not be charged as vacation leave, and the vacation leave may be extended accordingly, except for police and fire department employees whose schedule does not allow regular observance of holidays. (Prior code § 3.18.190(i))

A. Employees who become seriously ill or disabled while on vacation are entitled to take accumulated sick leave upon presentation of a certificate from a licensed physician, or presentation of other proof satisfactory to the department head, showing the necessity for the sick leave.

B. This certificate or other proof must be presented to the department head concerned not later than the date on which the employee is scheduled to return to duty, together with a request to reschedule or extend his or her vacation leave for a period covered by the illness. (Prior code § 3.18.190(j))

A. An employee may not accumulate vacation leave in excess of the number of working hours/days or twenty- four-hour duty shifts as set forth in Tables 2.84.350A and C and B without express written consent of the department head and city manager or designee.

B. When, at the convenience of the city, an employee is unable to take or complete vacation leave, compensation in the amount equivalent to the regular salary may be paid upon written request by the employee and approval of the department head and city manager or designee.

C. This provision shall take effect December 31, 1995. (Ord. 3685 § 2, 1995; prior code § 3.18.190(k))

An employee shall be allowed his or her regular compensation at his or her final rate of pay for any vacation due on the effective date of termination. (Prior code § 3.18.190(l))

employees.

A. An employee who is eligible for vacation leave and who dies while in the municipal service shall have the amount of any accrued vacation paid to his or her estate within thirty days.

B. This proration will be computed at his or her last regular hourly rate of pay. (Prior code § 3.18.190(m))

A. Sick leave shall not be considered as a right which an employee may use at his or her discretion, but shall be allowed only in case of necessity and actual sickness or disability other than industrial injury. Medical and dental appointments qualify for sick leave.

B. Sick leave shall be allowed in case of the employee’s own illness, the employee’s spouse, parent, person in loco parentis, registered domestic partner, grandparent, grandchild, sibling, or minor and/or adult dependent children are ill or injured and in need of medical attention; provided, that no one else is readily available to care for them. Accumulated sick leave shall also be utilized for leaves of absence pursuant to Section 2.84.620(G).

C. Employees may utilize one eight-hour day or its shift equivalent per year as personal necessity leave chargeable to sick leave. Such leave is designed to permit employees time off during normal working time to conduct personal business. Personal necessity leave shall require prior approval of the department head and shall be taken in minimum increments of two hours. (Ord. 4999 § 1, 2020; Ord. 4808 § 3, 2015; Ord. 3686 § 1, 1995; Ord. 2782 § 13, 1982; Ord. 2567 § 4, 1980; prior code § 3.18.200(a))

A. In order to receive compensation while absent on sick leave, the employee shall notify his or her immediate supervisor prior to the beginning of his or her daily duties as soon as possible.

B. An employee who is on sick leave for three working days or more may be required to obtain a written doctor’s work release, which shall be presented to the employee’s supervisor upon return to work.

C. The employee may be required to be examined by the city physician, a registered nurse employed by the city, or file a physician’s certificate stating the cause of absence upon request of the department head.

D. Refusal to comply as required in this chapter shall constitute a sufficient cause for waiver of sick leave, suspension, demotion or dismissal of the employee from city service. (Ord. 4902 § 1, 2017; prior code § 3.18.200(b))

Except as may be provided in the Salary and Related Benefits Resolution, probationary and permanent employees shall be eligible to accrue, use and be paid for sick leave, in accordance with this section. (Prior code § 3.18.200(c))

All eligible employees, except fire department employees assigned on a twenty-four-hour duty shift basis, shall be allowed to take sick leave off with full pay, computed upon a basis of 0.462 of a working day for each biweekly period of service with the city to yield twelve working days annually. (Prior code § 3.18.200(d))

shift.

Fire department employees assigned on a twenty-four-hour duty shift basis shall be allowed sick leave with full pay, computed upon a basis of 0.216 of a twenty-four-hour duty shift for each biweekly period of service with the city to yield 5.6 twenty-four-hour duty shifts annually. (Prior code § 3.18.200(e))

A. No sick leave shall be earned during leaves of absence without pay.

B. When a holiday occurs while an employee is absent from duty on sick leave, the holiday shall not be deducted from the employee’s accumulated sick leave. (Prior code § 3.18.200(f))

leave.

Sick leave may be accumulated up to a maximum of one hundred twenty days; or fifty-six shifts for fire department employees assigned on a twenty-four-hour duty shift basis. Additional vacation time shall be credited in conjunction with unused sick leave earned as provided in this section. Such accumulation and additional vacation is to be interpreted for police and fire employees in the same manner as otherwise set forth in this chapter.

A. Zero to Sixty Days or Equivalent Shifts Unused Accumulated Sick Leave. Up to sixty days or equivalent shifts unused sick leave will be accumulated with no additional vacation allowed.

B. Sixty to One Hundred Twenty Days or Equivalent Shifts Unused Accumulated Sick Leave. Accumulated sick leave in this category with additional vacation time will be accumulated in the calendar year as follows:

1. In any calendar year, six days or equivalent shifts of unused sick leave will be accumulated.

2. Fifty percent of the remaining unused sick leave will be credited to additional vacation and fifty percent
will be accumulated sick leave.

C. One Hundred Twenty Days and Equivalent Shifts (Fifty-Six) or Over Unused Accumulated Sick Leave. All unused sick leave earned during the calendar year over one hundred twenty days or equivalent shifts (fifty-six) accumulated will be converted into additional time at the following rates:

1. Management, blue collar unit, white collar unit, general employees supervisory unit, police supervisory
unit and police unit employees at seventy-five percent of the unused balance;

2. Fire unit and fire supervisory unit employees who have accrued the maximum of fifty-six shifts or one
hundred twenty days of sick leave and who do not use any sick leave for the entire calendar year will receive
one-half of his or her fifty-six shifts as vacation per year and the other half will be paid to the employee no
later than January 15th of each year. An employee who has accrued fifty-six shifts or one hundred twenty
days and who used a portion of his or her sick leave during the calendar year will be entitled to convert
seventy-five percent of the unused sick leave to vacation.

D. Entitlement of One-Half Day Vacation for Every Day of Sick Leave. Those employees who, on July 10, 1972, have a total of more than one hundred twenty days accumulated sick leave will retain their accumulated sick leave but will not be credited with any further accumulated sick leave, but in lieu thereof, shall be entitled to one-half day vacation for every day of sick leave earned subsequent to July 1, 1972. Such vacation shall be taken in the calendar year following the earned sick leave.

E. Deduction for Subsection D from Portion Exceeding One Hundred Twenty Days Accumulation. Absence on account of illness occurring to any employee in subsection D of this section, not including members of the management unit, general employees supervisory unit and police supervisory unit, shall be deducted first from that portion of accumulated sick leave exceeding the one hundred twenty days accumulated sick leave.

F. Off-the-Job Illness or Injury. When any member of the management unit, general employees supervisory unit, police supervisory unit, fire unit and fire supervisory unit is absent from work due to an off-the-job illness or injury sick leave credit shall first be deducted from his or her current year’s sick leave accumulation.

G. Fire Department Employees on Twenty-Four-Hour Shifts. Fire department employees assigned on a twenty-four- hour duty shift basis may accumulate sick leave up to a maximum of fifty-six shifts. Such employees who, on July 1, 1977, have a total of more than fifty-six shifts accumulated sick leave, when absent from work due to an off-the- job illness or injury, shall be subject to the following: When such absences for the year exceed the current year’s accrual of sick leave credit, such excess absences shall be deducted from that portion of accumulated sick leave exceeding the maximum fifty-six shifts, until such credit is reduced to fifty-six shifts. (Ord. 3297 § 1, 1990; Ord. 2782 § 14, 1982; Ord. 2655 § 5, 1981; Ord. 2567 § 4, 1980; prior code § 3.18.200(g))

A. Upon depletion of accumulated sick leave, unless leave is taken pursuant to Section 2.84.620, an employee may apply for medical leave of absence without pay.

B. The department head may recommend and the city manager approves medical leave of absence without pay not to exceed one hundred eighty days.

C. Any medical leave of absence without pay beyond one hundred eighty days shall be based upon a department head recommendation and approved by the city manager.

D. If medical leave of absence or further medical leave of absence is not granted, and if the employee fails to return to work following notification of such denial, the employees service with the city shall be considered terminated. (Ord. 4154 § 1, 2003; Ord. 3687 § 1, 1995; Ord. 3426 § 1, 1992; prior code § 3.18.200(h))

A. An employee eligible for retirement who has served a minimum of five consecutive years with the city of Bakersfield and who leaves permanent city service shall be allowed regular compensation for one-half of accumulated sick leave due up to the effective date of termination. An employee may not delay an otherwise appropriate industrial disability retirement date by a request to exhaust previously accumulated sick leave prior to the effective date of said retirement.

B. This payment shall not be construed as any part of gross remuneration for purposes of retirement. (Ord. 4629 § 1, 2010; Ord. 3688 § 1, 1995; prior code § 3.18.200(i))

disability.

A. An employee who must retire from permanent city service because of medical disability shall be allowed his or her regular compensation for one-half of his or her accumulated sick leave due him or her up to the effective date of his or her termination.

B. This payment shall not be construed as any part of gross remuneration for purposes of retirement. (Prior code § 3.18.200(j))

Whenever any city employee is rehired to city employment after his or her break in city service does not exceed thirty working days, the city council may credit him or her with the accumulated sick leave earned prior to separation from city employment which the employee was not otherwise compensated for. (Ord. 3689 § 1, 1995; prior code § 3.18.200(k))

A. Leave of Absence Without Pay. Leaves of absence without pay, up to a period of one hundred eighty calendar days, providing that all accrued vacation and compensatory time have been exhausted, may be granted to an employee upon the recommendation of the department head with the approval of the city manager. No leave of absence shall be granted to allow an employee to accept other employment on a trial basis. Leaves of absence for a period of time longer than one hundred eighty calendar days must be recommended by the department head and approved by the city manager. Employees on authorized leave of absence without pay shall not accrue vacation, holiday or sick leave benefits during such leave. Employees on such leaves for a full biweekly pay period shall pay for their own health plan insurance.

B. Unauthorized Leave of Absence. Unauthorized leave of absence shall be considered to be without pay and reductions in the employees pay shall be made accordingly. Unauthorized leave of absence for more than two consecutive working days shall result in automatic termination of employment unless the employee can demonstrate that such absence was due to circumstances beyond his or her control.

C. Military Leave of Absence. Military leave shall be granted in accordance with the provisions of state and federal laws. All employees entitled to military leave shall give the department concerned an opportunity, within the limits of military regulations, to determine when such leave shall be taken.

D. Leaves of Absence With Pay—Designated Personnel. Employees designated by the letters “C” or “D” preceding each class title in the Schedule of Salaries and Related Benefits as adopted by resolution of the city council may be granted administrative leave of absence with pay by the department head with the approval of the city manager.

E. Jury Duty—Leave of Absence. Employees required to report for jury duty on a scheduled workday shall be granted a leave of absence from their assigned duties until release by the court. Employees released from jury duty must report for work when practical as determined by his or her supervisor.

F. Maternity—Leave of Absence. Any employee disabled due to pregnancy, childbirth or related medical conditions may use disability (where available), accrued sick leave, accrued vacation, other accrued leave (where available) or unpaid medical leave of absence for the period during which such disability exists, not to exceed six months, except as approved by the city manager upon recommendation of the department head.

An employee requesting maternity leave must provide thirty days notice, unless the related medical condition is unforeseeable, to the department head, as well as the estimated duration of the maternity leave.

G. Family Care—Leave of Absence. Accrued vacation, other accrued leave (where available), or unpaid leave of absence not to exceed twelve weeks in any twelve-month period shall be granted to an employee who has accrued more than one year of continuous service with the city and has worked at least one thousand two hundred fifty hours within the previous twelve-month period for the following purposes:

1. The birth, adoption or serious illness of a child, including the placement of a child in foster care. An
employee seeking to take a leave for the birth of a child or placement of a child in adoption or foster care
must take the leave during the twelve-month period immediately following the birth or placement.

2. The serious illness of a spouse, child or parent.

3. The employee’s own serious illness.

a. Leave provided for in this subsection may be taken in one or more periods, but shall not exceed a
total of twelve weeks within a twelve-month period from the date the leave commenced.

b. Leave is available only for an illness which involves either in-patient care or continuing treatment by
a health care provider. Covered conditions include any serious or chronic health condition involving
continuing treatment by a health care provider and causing more than three days absence from work,
school or other regular daily activity or which, if left untreated, would result in such absence.

c. “Continuing treatment by a health care provider” is defined as two or more treatments by such
provider, or one treatment followed by a regimen of continuing treatments, such as physical therapy.
This includes being supervised by a health care provider, without necessarily being actively treated, due
to a serious long-term or chronic condition or disability which cannot be cured.

d. Medical verification for the leave period requested is required for the employee or ill family
member.

e. Employees are required to give at least thirty days’ written notice in the event of a foreseeable leave.
In unexpected or unforeseeable situations, an employee should provide as much written notice as is
practicable.

f. In granting a leave of absence pursuant to the Family and Medical Leave Act of 1993 (FMLA) the city requires employees to utilize all accrued vacation and other accrued leave (where available) during the twelve weeks of leave. In granting a leave of absence pursuant to the California Family Rights Act (FRA), the city requires employees to utilize all accrued vacation and other accrued leave (where available) during the twelve weeks of leave for the employees own serious health condition. However, the city and the employee may mutually agree to the use of accumulated leave in the instance of leave under FRA for the birth, adoption or foster care of a child, or to care for a child, parent or spouse with a serious health condition. The balance of the twelve-week period shall be an unpaid leave of absence.

g. Employees retain “employee” status while on family care leave. The leave does not constitute a
break in service for purposes of longevity, and/or seniority. However, an employee on unpaid family care
leave does not continue to accrue vacation leave, sick leave or any form of leave based upon hours
worked.

h. Pregnancy disability leave is provided for in subsection F.

i. Employee health benefits shall be maintained under the same conditions as coverage would have
been provided if the employee had been continuously employed during the leave period. Employees
utilizing all accrued vacation and other accrued leave (where available) during the twelve weeks of leave
shall continue to pay their employee contributions for health benefits. Employer may recover its
premium if employee fails to return from leave for reasons other than serious health condition or other
circumstances beyond employees control.

j. Any other conditions or interpretations of this leave shall be based upon the Federal Family and
Medical Leave Act and California Family Rights Act.

k. All leaves of absence without pay not covered by this subsection shall be requested pursuant to
subsection A.

H. Community Service—Leave of Absence. Leave of absence with pay, not to exceed one full working day in any twelve-month period, may be granted an employee upon the recommendation of the department head and the approval of the city manager if such leave is determined to provide a community service and is in the best interests of the city. (Ord. 4903 § 1, 2017; Ord. 4154 § 1, 2003; Ord. 3690 § 1, 1995; Ord. 3426 § 2, 3, 1992; Ord. 3037 § 1, 1986; Ord. 2567 § 5, 1980; prior code § 3.18.220)