Sec. 14-65. - Policy.

The policy of the town is to provide annual leave, sick leave, and holiday leave to all full-time and part-time regular employees in positions with work schedules of twenty (20) or more hours per week or one thousand twenty (1,020) hours per year, and to provide proportionately equivalent amounts to regular employees having average work weeks of different lengths. Paid leave and paid holidays are not provided to temporary employees.

(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. 2006-06-26/O-4, § 1)

Sec. 14-66. - Annual leave rate.

Each full-time and part-time employee of the town shall accrue annual leave based on the cumulative town service in regular positions, based on the following schedule:

Department heads, the deputy town manager and assistant town manager earn twenty (20) days per year of annual leave when they begin employment.

The average work week for each classification or position is established annually in the ordinance establishing a position classification and pay plan.

(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. O-77-32, § 2, 6-13-77; Ord. No. O-83-5, § 1(4), 2-14-83; Ord. No. 97-6-23/O-8, § I, 6-23-97; Ord. No. 2006-06-26/O-4, § 1)

Sec. 14-67. - Accumulation of annual leave.

For employees in regular positions with established schedules of twenty (20) or more hours per week (or more than one thousand twenty (1,020) hours per year) and a set accrual amount, leave shall accrue effective at the end of any pay period worked when paid hours worked are equivalent to at least fifty (50) per cent of the normal paid hours for that pay cycle. Employees with variable part-time work weeks will accrue vacation and sick leave proportional to the hours worked except that no employee shall accrue vacation and sick leave beyond the total authorized for a regular fulltime employee.

(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. O-77-32, § 3, 6-13-77; Ord. No. O-78-40, § 2, 6-12-78; Ord. No. O-83-5, § 1(5), 2-14-83; Ord. No. 95-1-23/O-1, § 1; Ord. No. 2006-06-26/O-4, § 1)

Sec. 14-68. - Holidays designated.

The following are designated as holidays with pay for all full-time and part-time regular employees of the town. Paid holiday leave shall not be provided to temporary employees nor to regular employees with work schedules of less than twenty (20) hours per week (or one thousand twenty (1,020) hours per year).

New Year's Day

Martin Luther King Jr.'s Birthday (observed on third Monday in January)

Easter (Friday before Easter, Good Friday)

Memorial Day (last Monday in May)

July 4th

Labor Day (first Monday in September)

Thanksgiving (Thursday and Friday)

Christmas (three (3) working days)

When a single holiday falls on a Saturday, the preceding Friday shall be observed, or if on a Sunday, the following Monday shall be observed as a holiday; provided, however, that when a holiday falls on a Saturday or Sunday, the manager may designate the day on which the holiday shall be observed by employees who are required to provide town services on the day observed as a holiday by other town employees.

(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. O-80-39, 6-16-80; Ord. No. O-81-66, § 1, 9-14-81; Ord. No. O-82-38, § 1, 6-14-82; Ord. No. O-83-76, § 1, 12-12-83; Ord. No. 88-1-11/O-16; Ord. No. 2006-06-26/O-4, § 1)

Sec. 14-69. - Effect of holidays, weekends.

Designated town holidays, Saturdays and/or Sundays which occur during an annual, sick, or other approved leave period of an employee of the town shall not be considered as annual, sick, or other leave and shall be paid as a holiday.

(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. 2006-06-26/O-4, § 1)

Sec. 14-70. - Holiday compensation.

Employees of the town called in or required to work on any designated town holiday shall receive either hours off equal to one and a half (1½) times hours worked or, for non-exempt employees, pay for the hours worked at one and a half (1½) times their normal rate of pay. Employees required to work will also receive pay for the holiday itself at straight time rates. Paid leave used and hours worked within the pay period have no effect on employee eligibility for this holiday premium for hours worked on the holiday. The manager may develop specific policies on holiday compensation for employees working twenty-four-hour rotating shifts.

Where the holiday is not worked and falls on a normal day off, the department may establish a policy which allows employees to request to take the holiday off on a later date. Upon termination, any unused accrued holiday leave will be paid out at the employee's current rate.

(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. O-77-32, § 6, 6-13-77; Ord. No. 94-7-5/O-1.1; Ord. No. 94-11-14/O-4, § 1; Ord. No. 95-7-5/O-1; Ord. No. 2006-06-26/O-4, § 1)

Sec. 14-71. - Reasonable accommodation for religious holidays.

The town will make reasonable accommodations as provided by law for town employees desiring to observe a religious holiday. Any such employee shall advise the employee's immediate supervisor of this desire at least one (1) week in advance of the date, and the employee's work schedule may be adjusted accordingly to permit such observance.

(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. 2006-06-26/O-4, § 1)

Sec. 14-72. - Schedule for taking annual leave.

Employees may be granted use of accrued annual leave by requesting it in advance, subject to department policies on notice required. Leave may be granted at those times designated by the manager or department head which will least obstruct normal operations of the town. Leave requests may be denied or rescinded when town operational needs require employees to be at work.

(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. O-83-5, § 1(6), 2-14-83; Ord. No. 95-1-23/O-1, § 1; Ord. No. 99-2-22/O-2, § III; Ord. No. 2006-06-26/O-4, § 1)

Sec. 14-73. - Annual leave, maximum accumulation.

Annual leave may accumulate up to a maximum of thirty (30) work-week equivalent days. Leave earned over the maximum allowed accumulation will be transferred annually to the sick leave balance of each regular employee on a date determined by the town manager, and shall be eligible to be used following the conditions specified in this chapter.

(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. O-77-32, § 4, 6-13-77; Ord. O-83-5, § 1(7), 2-14-83; Ord. No. 95-1-23/O-1, § 1; Ord. No. 2006-06-26/O-4, § 1)

Sec. 14-74. - Donation of annual leave.

Employees may donate accumulated hours of their accrued annual leave to the sick leave balance of a coworker, following policies developed by the manager.

(Ord. No. 97-5-12/O-2, 5-12-97; Ord. No. 2006-06-26/O-4, § 1)

Sec. 14-75. - Payment of accumulated leave upon termination.

A regular employee shall be paid for accrued annual leave following the date of separation not to exceed thirty (30) work-week equivalent days, provided notice is given to the immediate supervisor at least two (2) weeks in advance of the effective date of the resignation. The manager, deputy town manager, assistant town managers, and department heads shall be required to give thirty (30) days notice prior to the effective date of resignation. Any employee failing to give the notice required by this section shall forfeit payment for accrued leave.

(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. O-77-32, § 5, 6-13-77; Ord. O-83-5, § 1(8), 2-14-83; Ord. No. 99-2-22/O-2, § IV; Ord. No. 2006-06-26/O-4, § 1)

Sec. 14-76. - Payment of accrued leave upon death.

If a regular employee dies while in the service of the town, all unused annual leave and accumulated holiday leave in the deceased employee's credit will be issued with the final paycheck. The town will comply with North Carolina State law in matters of estate.

(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. O-77-32, § 7, 6-13-77; Ord. O-83-5, § 1(9), 2-14-83; Ord. No. 86-6-2/O-1; Ord. No. 2006-06-26/O-4, § 1)

Sec. 14-77. - Sick leave policy.

Sick leave with pay shall be granted to a regular employee for use when sick or for illness in the employee's immediate family (including an employee's domestic partner as defined in chapter 1 of the Town Code and the domestic partner's children) which requires the care of the employee. For the purpose of this section, domestic partners must provide documentation demonstrating established financial and legal ties, such as a joint mortgage, health care power of attorney, beneficiary of will or insurance policies, or other similar financial and/or legal relationships.

Accrued sick leave may be used if an employee must be absent from work due to any of the following conditions: sickness, bodily injury, quarantine, required physical or dental examinations or treatment, exposure to a contagious disease when continuing work might jeopardize the health of others.

Use of accrued sick leave must be approved by the supervisor and department head and medical documentation may be required before approval when judged necessary in the opinion of the department head.

(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. O-76-46, § 1, 11-8-76; Ord. No. 95-1-23/O-1, § 1; Ord. No. 95-4-24/O-8c, § 1; Ord. No. 2006-06-26/O-4, § 1)

Sec. 14-78. - Sick leave rate and accumulation.

Each regular employee with a work schedule of twenty (20) or more hours per week (or one thousand twenty (1,020) hours per year) shall accrue sick leave at the rate of twelve (12) work-week equivalent days per year. Calculations of prorated hours of sick leave associated with different work weeks shall be published in policies developed by the manager. Sick leave shall be cumulative with no maximum accrual.

(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. O-76-46, § 2, 11-8-76; Ord. No. O-77-32, § 8, 6-13-77; Ord. No. O-79-33, § 3, 6-25-79; Ord. O-83-5, § 1(10), 2-14-83; Ord. No. 95-1-23/O-1, § 1; Ord. No. 2006-06-26/O-4, § 1)

Sec. 14-78.1. - Wellness program.

The town may provide a program to encourage the good health of employees. Employees may be required by department to maintain specified levels of fitness appropriate to the physical requirements of their jobs.

(Ord. No. O-84-38, § 2, 5-29-84; Ord. No. 2006-06-26/O-4, § 1)

Sec. 14-79. - Medical examination and physician's certification.

(a)

Prospective or current employees may be required to submit to a medical and/or psychological examination or inquiry, to determine if they are able to perform the duties and responsibilities of the job. The manager will establish policies and processes by which this will be accomplished.

(b)

The manager shall be responsible for the application of these provisions to the end that:

(1)

Employees shall not be on duty when they might endanger their health or the health of other employees, and

(2)

Sick leave privileges are used only for authorized purposes.

(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. 84-38, §§ 1, 2, 5-29-84; Ord. No. 95-1-23/O-1, § 1; Ord. No. 2006-06-26/O-4, § 1; Ord. No. 2006-06-26/O-4, § 1)

Sec. 14-79.1. - Sick leave abuse.

Claiming or taking sick leave under false pretense to obtain time off with pay shall be grounds for disciplinary action up to and including termination of employment.

(Ord. No. O-84-38, § 2, 5-29-84; Ord. No. 2006-06-26/O-4, § 1)

Sec. 14-80. - Effects of termination upon sick leave.

All sick leave accrued by an employee shall end and terminate without compensation when the employee retires, resigns or is terminated by the town, except as provided in article VI for employees terminated due to reduction in force and in situations of reinstatement as described in section 14-54.

(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. 2006-06-26/O-4, § 1)

Sec. 14-80.1. - Family and medical leave.

The town will comply with the applicable provisions of the Family and Medical Leave Act.

(Ord. No. 95-1-23/O-1, § 1; Ord. No. 2006-06-26/O-4, § 1)

Sec. 14-81. - Parental leave—Defined.

Parental leave may be granted to an employee for a period up to twelve (12) months (inclusive of time under the Family and Medical Leave Act).

(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. 95-1-23/O-1, § 1; Ord. No. 2006-06-26/O-4, § 1)

Sec. 14-82. - Same—Request.

A parental leave request, specifying the tentative duration of the leave requested, must be approved and submitted by the department head to the town manager for approval in advance of the leave.

(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. 95-1-23/O-1, § 1; Ord. No. 2006-06-26/O-4, § 1)

Sec. 14-83. - Same—Use of accumulated leave.

Up to one (1) year (twelve months) of absence may be granted for parental leave. Accrued annual leave may be used during the leave period. Accrued sick leave may be taken during the period of actual disability or when medical care by the employee is required; certification by a physician may be required for use of accrued sick leave. For the balance of the time away from work the employee shall be on leave without pay.

(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. 95-1-23/O-1, § 1; Ord. No. 2006-06-26/O-4, § 1)

Sec. 14-84. - Same—Maintaining benefits.

During the period of leave without pay, the employee shall retain all accrued unused sick leave, annual leave, and retirement status earned. The employee using accrued paid leave for at least half the usual hours scheduled in a week but not less than twenty (20) hours will continue to earn sick and annual leave during that period.

(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. 95-1-23/O-1, § 1; Ord. No. 2006-06-26/O-4, § 1)

Sec. 14-85. - Leave without pay.

With advance approval of the manager, an employee may be granted a leave of absence without pay for a period not to exceed one (1) year for reasons of personal or family illness, completion of education, or special work which will permit the town to profit from the experience gained or the work performed.

(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. 2006-06-26/O-4, § 1)

Sec. 14-86. - Military leave.

An employee who is a member of an Armed Forces Reserve organization or the National Guard shall be granted two (2) calendar weeks in a twelve-month period for leave with pay for military training. While on military leave, benefits will accrue as though present for work. This leave shall not be charged as annual leave; however, any salary payment which the employee receives from the military shall be deducted from the sum paid by the town.

In a state or national emergency in which national guard members or military reservists are called to active duty, if a reservist or guard member is called to active duty, and if the salary from military pay is less than the salary from the town, the town shall pay an amount equal the difference in pay for a period of one (1) year.

(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. 90-9-10/O-6; Ord. No. 2002-04-08/O-1, § 1; Ord. No. 2006-06-26/O-4, § 1)

Sec. 14-87. - Civil leave.

An employee who is called for jury duty or subpoenaed as a court witness in a judicial or administrative proceeding shall be entitled to leave with pay for such duty in addition to keeping fees received for such duty provided documentation is made for each day. This provision shall not apply, however, in any case where the employee is a party to the proceeding.

In addition, employees may request and departments may grant up to eight (8) hours of paid time off per year to perform approved forms of non-mandatory, non-partisan work at the polls on election day. Employees may be required to provide documentation of their service in order to receive regular salary payment under this policy.

(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. 97-4-28/O-4, § I, 4-28-97; Ord. No. 97-6-23/O-4, § I, 6-23-97; Ord. No. 2006-02-13/O-1, § 1; Ord. No. 2006-06-26/O-4, § 1)

Sec. 14-88. - Educational leave.

Educational leave at full or partial pay for a period not to exceed nine (9) months may be granted to a regular employee with the advance approval of the town manager and budgetary approval by the town council. In appropriate circumstances, the town manager may require a formal contract with the town in which the employee agrees to return to the service of the town upon completion of the training and remain an employee of the town for a period equal to twice the educational leave which the employee received, or to reimburse the town for all compensation received while on educational leave.

(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. 2006-06-26/O-4, § 1)

Sec. 14-89. - Same—Reimbursement of expenses.

An employee who enters into an education leave for a job-related training program with the prior approval of the town manager shall be reimbursed for expenses such as tuition and books upon successful completion of the course.

(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. 2006-06-26/O-4, § 1)

Sec. 14-90. - Leave without pay; effect on merit increase eligibility.

An employee's merit increase eligibility will be delayed if the employee is on leave without pay for more than half of the period for which work is being evaluated. Procedures for establishing eligibility for merit increases shall be published in policies developed by the manager.

(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. O-84-38, §§ 1, 2, 5-29-84; Ord. No. 2006-06-26/O-4, § 1)

Sec. 14-91. - Funeral leave.

The manager may grant leave with pay, for the purpose of enabling an employee to attend a funeral. Such leave shall be limited to three (3) work week equivalent days per year. The formula for determining hours associated with these days for classifications with different work weeks shall be established in policies developed by the manager. This leave is not cumulative from year to year.

(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. O-76-46, § 3, 11-8-76; Ord. No. O-77-32, § 10, 6-13-77; Ord. No. O-83-5, 2-14-83; Ord. No. 95-1-23/O-1, § 1; Ord. No. 2006-06-26/O-4, § 1)

Sec. 14-91.1. - Excessive absenteeism.

In the event that an employee is absent from work for a period of time which exceeds approved paid leave or an approved unpaid leave granted by the town, such absenteeism shall be grounds for dismissal. Other patterns of unapproved absenteeism may also be considered grounds for disciplinary action or dismissal.

(Ord. No. O-79-33, § 1, 6-25-79; Ord. No. 95-1-23/O-1, § 1; Ord. No. 2006-06-26/O-4, § 1)