Santa Ana Municipal Code § 9-144 Same—Temporary

The provisions of this article shall be applicable to full-time regular employees not covered by a memorandum of understanding and/or a resolution of the city council. However, in the case where a memorandum of understanding and/or a resolution is silent on a specific issue the code provision shall prevail. Expired memorandums of understanding shall not be considered as "silent" on specific issues.

(Ord. No. NS-2232, § 1, 9-19-94)

Regular vacation with pay is granted to each full-time permanent or probationary employee at the rate of fifteen (15) working days for each completed year of service to be taken in the calendar year following the year in which it is earned, except as provided elsewhere in these rules. An employee who has completed less than one (1) year's service during the calendar year shall receive a proportionate fraction in accordance with the amount of service to his or her credit during the year; provided, however, no employee shall be entitled to or receive payment for any vacation until he or she has completed six (6) months of continuous service. Absence on sick leave for a period in excess of fifteen (15) consecutive calendar days shall not be considered as service for vacation accrual purposes.

Sworn members of the police department and uniformed members of the fire department assigned to the normal five-day work week schedule are granted regular vacation on the same basis as other full-time employees, as set forth in the preceding paragraph.

Uniformed members of the fire department assigned to the twenty-four-hour shift schedule are granted regular vacation on the same basis as other full-time employees, except that their standard work unit is a working day of twelve (12) hours. Therefore, each sworn fire department employee in this category is granted regular vacation at an annual rate of fifteen (15) twelve-hour working days. In those cases when an employee is transferred between twenty-four-hour shift and normal five-day work week schedules: the employee's earned vacation, which is accrued in hours, shall be converted to agree with the number of working hours per day in the currently assigned schedule.

(Code 1952, § 2252; Ord. No. NS-277, § 2, 9-3-57; Ord. No. NS-577, 4-16-62; Ord. No. NS-994, § 1, 12-1-69 ; Ord. No. NS-1094, § 2, 11-15-71; Ord. No. NS-2232, § 1, 9-19-94)

Amendment note—Ord. No. NS-994, § 1, amended § 2252 of the 1952 Code, § 9-130 herein, by adding the provisions pertaining to absence on sick leave. Ord. No. NS-1094, § 2, amended § 9-130 by including probationary employees in the application of the provisions and revising the provisions relative to the vacation period for fire department members.

In computing regular vacation, each municipal holiday that occurs during the vacation, and that falls on a day which the employee would have worked had he or she not been on vacation, shall be deducted from the computation so that one (1) additional day of regular vacation shall be allowed to the employee unless departmental practice provides some other manner of compensating for municipal holidays. Should an employee be confined to a hospital for sickness or injury while on authorized vacation, each full day of such confinement, when confirmed by a physician's statement and upon department head approval, may be deducted from the computation of vacation expended and charged against the employee's accumulated sick leave.

No employee may accumulate more than the equivalent of one (1) regular vacation period from the previous year, and vacation not taken beyond that amount is forfeited. A regular vacation period is defined as the maximum of vacation earned in a calendar year as provided in section 9-130 of this Code. No employee shall have a right to accumulate or split his or her vacation, but the same may be allowed or required by the department head. The time at which an employee shall take his or her vacation shall be determined by his or her department head, with due regard for the wishes of the employee and particular regard for the needs of the service. It is the policy of the city to grant employees vacations in order to provide them a break in their regular work schedule. In the administration of the provisions of this section the department head shall be guided by this stated purpose and he or she must approve in writing any accumulation of regular vacation.

(Pers. Rules, § 2253, Ord. No. NS-577, § 1, 4-16-62 ; NS-1094, § 2, 11-15-71; Ord. No. NS-2232, § 1, 9-19-94)

Amendment note—Ord. No. NS-1094, § 2, amended § 9-131 by adding the provisions relative to hospital confinement while on authorized vacation.

Each regular employee is granted additional working days of vacation leave with pay for each completed year of full-time, continuous city service as set forth in the following table. This additional vacation shall be designated longevity vacation.

No employee becomes eligible for longevity vacation until completion of the sixth year of continuous service, and each employee continues to earn the maximum of ten (10) working days of longevity vacation for each completed year of service in excess of twenty (20) years. For uniformed members of the fire department assigned to the twenty-four (24) hour shift schedule, the working day granted is a twelve (12) hour day.

A period of earlier service does not apply toward longevity vacation accumulation when an employee has had a break in continuous service, unless the break in service is concluded by reappointment, as provided in section 9-114, or by reemployment within two (2) years at a higher level classification in the former occupational field. Leave of absence without pay, as provided in sections 9-141 or 9-164, does not constitute a break in continuous service as used in this section; however, the leave of absence period shall not be applied toward the accumulation of longevity vacation. Absence on military leave followed by reinstatement does not constitute a break in service, and the period of absence on such military leave shall be applied toward the accumulation of longevity vacation.

(Code 1952, § 2254; Ord. No. NS-277, § 2, 9-3-57; Ord. No. NS-994, § 1, 12-1-69 ; Ord. No. NS-1094, § 2, 11-15-71 ; Ord. No. NS-1111, § 2, 3-20-72; Ord. No. NS-2232, § 1, 9-19-94)

Editor's note— Sec. 9-132 is derived from and has been amended from time to time by the ordinances indicated in the history note following the section. Editorial analysis is omitted due to the nature and extent of amendment.

No employee is granted and no employee shall be allowed to take any vacation leave with pay in excess of fifty (50) working days in any one (1) year by any combination of the vacations in these rules and regulations granted. Further, no employee may accumulate more than the equivalent of one (1) longevity vacation period, and the equivalent of one (1) regular vacation period, from a previous year, and vacation not taken beyond that amount is forfeited. Therefore, the maximum vacation that an employee with less than ten (10) years' service could accumulate is thirty (30) working days, and only an employee with more than twenty (20) years' service could accumulate and take the authorized maximum of fifty (50) working days in any one (1) year.

(Code 1952, § 2255 ; Ord. No. NS-277, § 2, 9-3-57; Ord. No. NS-577, 4-16-62; Ord. No. NS-904, § 1, 12-4-67 ; Ord. No. NS-994, § 1, 12-1-69 ; Ord. No. NS-1094, § 2, 11-15-71; Ord. No. NS-2232, § 1, 9-19-94)

Employees participating in examinations for positions in the competitive service of the city will be granted leave with pay for the time required, without loss of any accrued vacation.

(Code 1952, § 2274; Ord. No. NS-277, § 2, 9-3-57; Ord. No. NS-2232, § 1, 9-19-94)

Legal holidays observed by city employees shall be January 1, the third Monday in February in memory of George Washington's birthday, the last Monday in May in commemoration of Memorial Day, July 4, the first Monday in September, November 11, Thanksgiving Day, the Friday immediately following Thanksgiving Day, the last working day occurring immediately prior to December 25, and December 25 and every day proclaimed by the mayor as a holiday for city employees. Any holiday which falls on Sunday will be observed on the following Monday. Any holiday which falls on a Saturday will be observed on the Friday preceding the holiday.

(Code 1952, § 2267; Ord. No. NS-277, § 2, 9-3-57; Ord. No. NS-577, 4-16-62; Ord. No. NS-787, § 1, 3-15-65; Ord. No. NS-873, § 1, 3-20-67; Ord. No. NS-994, § 1, 12-1-69; Ord. No. NS-1044, § 1, 10-19-70; Ord. No. NS-1137, § 1, 10-2-72; Ord. No. NS-1459.1, § 1, 10-16-78; Ord. No. NS-1459, 11-6-78; Ord. No. NS-2232, § 1, 9-19-94)

Full-time employees whose regularly scheduled days off are other than Saturday and Sunday shall be entitled to holiday benefits equivalent to those provided in section 9-135. Except as otherwise provided in this division, and with the specific exceptions explained below, employees who do not take holidays as they occur shall be entitled to nine (9) working days off during the year in lieu of holidays. Such substitute holidays shall be scheduled by the department head, normally during the same month that the holiday is observed by other city employees. An employee entitled to time off in lieu of holidays shall receive that time off in proportion to his or her service at full pay in such capacity during the year.

The following exceptions apply:

(1) Sworn members of the police department shall be entitled to eight (8) working days off during the year in lieu of holidays until July 1, 1973, on which date they shall be entitled to nine (9) working days off during the year in lieu of holidays.

(2) For uniformed members of the fire department assigned to the twenty-four (24) hour shift schedule, the working day granted is a twelve (12) hour day and these employees shall be entitled to eight (8) working days off during the year in lieu of holidays.

(Code 1952, § 2268; Ord. No. NS-277, § 2, 9-3-57; Ord. No. NS-577, 4-16-62; Ord. No. NS-787, § 1, 3-15-65; Ord. No. NS-994, § 1, 12-1-69; Ord. No. NS-1003, § 1, 2-16-70; Ord. No. NS-1094, § 2, 11-15-71; Ord. No. NS-1137, § 1, 10-2-72; Ord. No. NS-2232, § 1, 9-19-94)

Editor's note— Ord. No. NS-2232, § 1, adopted Sept. 19, 1994, set out provisions repealing § 9-137, which pertained to Good Friday and derived from Code 1952, § 2267.1; Ord. No. NS-277, § 2, adopted Sept. 3, 1957; and Ord. No. NS-994, § 1, 12-1-69.

An employee shall be entitled to three (3) days' leave without loss of pay in case of death of a member of the employee's immediate family. Such leave is designated as bereavement leave. "Immediate family" as used in this section is limited to:

(1) Any relative by blood or marriage who is a member of the employee's household;

(2) Any parent, spouse, child, brother or sister of the employee, regardless of residence;

(3) Any grandparent or parent-in-law of the employee whose death requires the presence of the employee.

(Code 1952, § 2266.1; Ord. No. NS-277, § 2, 9-3-57; Ord. No. NS-994, § 1, 12-1-69; Ord. No. NS-2232, § 1, 9-19-94)

Amendment note—Ord. No. NS-994, § 1, reenacted § 2266.1 of the 1952 Code, § 9-138 herein.

Absence from duty without leave for a consecutive number of working hours equal to the number of working hours in the employee's normal work week, shall be deemed a resignation from the service; provided, if upon return the person so absenting himself or herself makes an explanation satisfactory to his or her department head of the cause of the absence, the department head may restore him or her to the position, with the city manager's approval.

Prior to invoking this section for employees who have achieved regular status, the affected employee shall be provided written notice by United States Mail, return receipt requested, of the department head's intention to invoke this section and stating the facts supporting the intention. Such notice shall also state that the employee has a right to respond either personally, in writing, or both, to the department head within ten (10) days of receipt of the notice if the employee desires to challenge the accuracy of the facts stated in the notice.

In the event the employee responds and the department head determines to proceed under this section, the department head shall request that the clerk of the council appoint a hearing officer to determine the accuracy of the facts. The hearing officer's factual determination shall be final and binding on the department head and employee.

(Code 1952, § 2256; Ord. No. NS-277, § 2, 9-3-57; Ord. No. NS-1094, § 2, 11-15-71; Ord. No. NS-2232, § 1, 9-19-94)

Amendment note—Prior to amendment by Ord. No. NS-1904, § 2, § 9-139 provided that absence from duty without leave for 5 consecutive working days would be deemed a resignation.

Absence without pay not to exceed five (5) consecutive working days, or two and one-half (2½) consecutively scheduled working shifts for uniformed members of the fire department assigned to the twenty-four (24) hour shift schedule, may be authorized by an employee's department head. Absence without pay not to exceed fifteen (15) calendar days may be authorized by the department head with the approval of the city manager. Such absences may be authorized only if in the judgment of the department head they serve the best interest of the city.

(Pers. Rules, § 2256.1; Ord. No. NS-326, § 1, 6-16-58; Ord. No. NS-1094, § 2, 11-15-71; Ord. No. NS-2232, § 1, 9-19-94)

Amendment note—Ord. No. NS-1094, § 2, amended § 9-140 by adding provisions relative to absences without pay for 2½ consecutively scheduled working shifts for uniformed members of the fire department assigned to the 24 hour shift schedule.

Upon receipt of a written request from an employee having regular status and action by the appropriate department head recommending approval of the request, the city manager may grant a leave of absence not to exceed six (6) months for illness of the employee, or of a member of the employee's immediate family residing in the employee's household, requires that the employee move from the vicinity of the city as a remedial health measure and a designated physician indicates that such removal from the city is necessary and will not be required for longer than six (6) months.

(Code 1952, § 2269; Ord. No. NS-277, § 2, 9-3-57; Ord. No. NS-994, § 1, 12-1-69; Ord. No. NS-2232, § 1, 9-19-94)

Amendment note—Ord. No. NS-994, § 1, reenacted § 2269 of the 1952 Code, § 9-141 herein.

An employee returning to duty with the city shall inform the department head and executive director of human resources of his or her intention at least thirty (30) calendar days prior to the expiration of the six (6) months period or shorter period if the full six (6) months is not taken. Upon receipt of such notice, the department head concerned will take steps necessary to restore the employee to the former or comparable position.

(Code 1952, § 2270; Ord. No. NS-277, § 2, 9-3-57; Ord. No. NS-2232, § 1, 9-19-94; Ord. No. NS-2946, § 3, 6-5-18)

An employee shall be granted military leave if he or she furnishes the executive director of human resources satisfactory proof of his or her orders to report for duty. Upon return and upon showing of proof of actual service pursuant to such orders, he or she will be reinstated as provided by law.

(Code 1952, § 2271; Ord. No. NS-277, § 2, 9-3-57; Ord. No. NS-2232, § 1, 9-19-94; Ord. No. NS-2946, § 3, 6-5-18)

Members of the reserve forces of the United States, or the National Guard, granted temporary leave when ordered to duty, in accordance with the Military and Veterans Code, will be granted leave with pay for not to exceed thirty (30) calendar days in each calendar year after one (1) year's service with the city, upon presenting satisfactory proof of orders to and from such temporary active duties.

(Code 1952, § 2272; Ord. No. NS-277, § 2, 9-3-57; Ord. No. NS-994, § 1, 12-1-69; Ord. No. NS-2232, § 1, 9-19-94)

Amendment note—Ord. No. NS-994, § 1, reenacted § 2272 of the 1952 Code, § 9-144 herein.

When an employee is called to serve as a juror or witness in any court action, he or she shall be allowed leave for the time actually required for such service, without loss of pay or loss of accumulated vacation time. Each employee called for such service shall present to his or her department head for examination the subpoena calling him/her to such service and shall pay into the city treasury the fees collected for such service, with the exception of reimbursement for transportation expenses, if any.

(Code 1952, § 2273; Ord. No. NS-277, § 2, 9-3-57; Ord. No. NS-994, § 1, 12-1-69; Ord. No. NS-2232, § 1, 9-19-94)

Amendment note—Ord. No. NS-994, § 1, reenacted § 2273 of the 1952 Code, § 9-145 herein.

Editor's note— Ord. No. NS-2232, § 1, adopted Sept. 19, 1994, set out provisions repealing § 9-146, which pertained to special shift personnel regular vacation/holidays and derived from Ord. No. NS-1094, § 1, 11-15-71.