ATTENDANCE AND LEAVE

Cape Coral Code of Ordinances ch. 2, art. III, div. 11

in effect

Cape Coral Code of Ordinances § 2-35.1 Work week and hours of work.

§ 2-35.1 - Work week and hours of work. (a) Work week. The work week shall begin on Saturday at 12:01 a.m. and continue until 12:01 a.m. of the following Saturday, at which time a new work week shall begin. The work week for full-time employees shall generally consist of 40 hours, excluding all meal periods. (b) Work day. Generally, the work day for full-time employees will consist of not less than eight consecutive hours of work nor more than ten consecutive hours of work, with an unpaid meal period. (1) Authorized rest periods or coffee breaks shall be included as hours worked. (2) Required attendance at training courses and attendance at approved seminars shall be considered as hours worked. (3) Any official travel during an employee's normal working hours, whether on regular workdays or regular days off, shall be counted as hours worked. However, travel to and from an employee's home to the employee's regularly assigned work location shall not be counted as hours worked. (c) Work schedules. Each employee's schedule of hours shall be determined by the department head. The department head shall inform his or her employees of their daily schedule of hours of work (including meal periods and rest or coffee breaks), and shall thereafter inform employees of any changes deemed necessary or desirable by the department head. (d) Additional hours. A department head may schedule hours or work in addition to an employee's regular schedule of hours when any such addition of hours is deemed necessary or desirable by the department head. (e) Alternate schedules. The city may establish alternate work schedules, when such alternate work schedules are deemed to be in the best interest of the city. (f) Attendance of employees. (1) Full-time employees shall be required to be present on their assigned job for the total hours in the established workweek, unless absence from duty is authorized by the department head as provided herein. (2) Part-time employees shall be required to be present on their assigned jobs for the total number of hours for which they are being compensated, unless absence from duty is authorized by the department head as provided herein. (3) Employees are expected to be at their scheduled work site during hours of duty. Regular and punctual attendance at work shall be required of each city employee. Excessive unscheduled absences or tardiness shall be grounds for disciplinary action. For purposes of this subsection, EXCESSIVE UNSCHEDULED ABSENCES OR TARDINESS shall mean use which is in excess of the average number of hours and/or occurrences of unscheduled leave taken by other city employees in the same or similar positions and/or classifications, taking into consideration the fact that employees in fire and public safety may be scheduled to work a different number of hours.

Cape Coral Code of Ordinances § 2-35.2 Attendance records.

§ 2-35.2 - Attendance records. (a) Each department shall keep an accurate record of all hours worked by each employee, as well as a complete and accurate record of all authorized leave which is approved as provided herein. (b) Falsification of any attendance or leave records shall be cause for dismissal of the employee(s) involved.

Cape Coral Code of Ordinances § 2-35.3 Overtime.

§ 2-35.3 - Overtime. (a) Overtime hours are those hours of work that exceed the maximum hours permitted under the Fair Labor Standards Act (FLSA). (b) A department head may require an employee to work overtime. An employee's refusal to work overtime without good cause may be grounds for disciplinary action against the employee. (c) Employees included in a collective bargaining unit may receive compensatory time in lieu of overtime compensation if authorized by, and at the rate specified in, the applicable collective bargaining agreement. (d) Employees not included in any collective bargaining unit who are entitled to overtime compensation may receive compensatory time off in lieu of overtime compensation, provided that such employees and their department head have so agreed prior to performance of the work. Said compensatory time off shall be calculated at the rate of one and one-half times the number of hours worked in excess of 40 hours in a work week.

Cape Coral Code of Ordinances § 2-35.4 Holidays.

§ 2-35.4 - Holidays. (a) The following holidays shall be observed as paid holidays by the city: (1) New Year's Day; (2) Martin Luther King Jr.'s Birthday; (3) Presidents' Day; (4) Memorial Day; (5) Independence Day; (6) Labor Day; (7) Columbus Day; (8) Veteran's Day; (9) Thanksgiving Day; (10) Friday after Thanksgiving; and (11) Christmas Day. (b) The City Council may designate additional paid holidays. (c) All regular and probationary employees are entitled to holiday pay. When a holiday falls on a Saturday, the holiday shall be observed on the preceding Friday by employees who work a regular work week. When a holiday falls on a Sunday, the holiday shall be observed on the following Monday by employees who work a regular work week. For employees who work other than a regular work week, the holiday shall be observed on its traditional day. (d) Employees who regularly work less than 40 hours per week and who are entitled to holiday pay will receive compensation based upon a prorated calculation of the average hours worked per day over the preceding four weeks. This proration shall be calculated by dividing the total hours worked during the preceding four work weeks by 20.

Cape Coral Code of Ordinances § 2-35.5 Annual leave.

§ 2-35.5 - Annual leave. (a) Accrual. Full-time employees with regular or probationary status shall earn leave according to the following table: 0 through 5 years of service | 16.67 hours per month 6 through 10 years of service | 20.00 hours per month 11th year of service | 20.72 hours per month 12th year of service | 21.36 hours per month 13th year of service | 22.00 hours per month 14th year of service | 22.72 hours per month 15th or more years of service | 23.36 hours per month The maximum number of hours accrued by an employee that may be carried over to the next fiscal year is 400. (b) Required use. (1) An employee who has been employed by the city for five years or less and who has an accrued balance of at least 400 hours of leave at the beginning of a fiscal year shall be required to use 80 hours of leave during that fiscal year. Employees with more than five years of continuous service who have accrued at least 400 hours of leave at the beginning of a fiscal year shall be required to use at least 120 hours of leave during that fiscal year. Employees who have accrued less than 400 hours of leave at the beginning of a fiscal year, but who reach 400 hours during that year shall be required to use a certain number of hours of that leave during that year. The number of hours that must be used shall be based on a prorated amount of the minimum-use hours listed herein. Any employee who fails to use the required hours of annual leave during the fiscal year shall lose those unused hours, except as provided in subsection (b)(2) below. The City shall deduct any unused leave hours that are required to be used from an employee who has an accrued balance of more than 400 hours of leave at the end of a fiscal year. The remaining accrued balance of leave time in excess of 400 hours shall be paid (after the deduction of unused hours required to be used) by no later than the month of December following the end of the prior fiscal year. (2) If the City Council finds that, due to a declared emergency during any fiscal year, it is impractical to enforce the required use provisions within that fiscal year as required in subsection (b)(1) above, the City Council may extend the date for required leave use to a date that is not later than October 31 of the next fiscal year. Upon request by the City Manager, City Council may further extend the date for required leave use until January 31 of the next fiscal year for only those employees who are prevented from using their required leave hours during the initial extension period through October 31 due to being required to work as a result of the declared emergency. (c) Scheduled and unscheduled leave. Leave which is requested and approved prior to the day in which it is taken by the employee shall be considered to be scheduled leave. Leave which is requested and approved on the day it is taken by the employee shall be considered to be unscheduled leave. Unless otherwise required by the policies or procedures of the department, unscheduled leave shall be requested no later than 30 minutes after the start of the employee's work shift. An employee's excessive use of unscheduled leave may be grounds for disciplinary action. (d) Unauthorized absence. An employee's failure to obtain approval for leave shall result in the hours of absence being without pay. An employee's unauthorized absence also may be grounds for disciplinary action. However, a department head shall not unreasonably withhold approval of an employee's request for leave. (Ord. 57-17, § 1, 10-23-2017; Ord. 63-17, § 1, 3-5-2018) (Ord. 48-10, passed 6-14-2010)

Cape Coral Code of Ordinances § 2-35.6 Leave without pay.

§ 2-35.6 - Leave without pay. An employee may request a leave of absence without pay for a period not to exceed 180 days. The request must be submitted in writing to the department head and must be approved in writing by both the department head and the City Manager. In determining whether to approve the request for leave without pay, the department head and the City Manager shall consider factors such as the reason for the request and the department's ability to operate effectively in the absence of the employee. During any period of leave without pay exceeding fifteen working days, the city shall not provide for any employee benefits, including, but not limited to medical or other insurance, and pension. The employee may, at his or her option, maintain such benefits at the employee's sole expense.

Cape Coral Code of Ordinances § 2-35.7 Bereavement leave.

§ 2-35.7 - Bereavement leave. When an employee experiences a death in the employee's family, the employee shall be entitled to bereavement leave with pay for a period not to exceed five working days. For purposes of this section, FAMILY includes an employee's spouse or registered domestic partner, as well as the children, parents, siblings, grandchildren, grandparents, brothers-in-law, sisters-in-law, sons-in-law, and daughters-in-law of the employee, employee's spouse or registered domestic partner, any person over whom the employee, employee's spouse, or registered domestic partner serve as the legal guardian, and any person who serves as the legal guardian over an employee, employee's spouse, or registered domestic partner. Any generation of the relationship (i.e., great grandparent, or great great grandparent), and step relative and half relative of a relationship named above (i.e., step sister or half sister) shall be considered FAMILY of the employee, employee's spouse or registered domestic partner. Such bereavement leave shall not be deducted from the employee's accumulated annual leave. Upon the city's request, an employee requesting bereavement leave may be required to furnish proof of death, date of burial and relationship. To be considered a registered domestic partner for purposes of this section, the employee must register the domestic partnership with the City and identify the domestic partner in accordance with City policy. (Ord. 63-17, § 1, 3-5-2018)

Cape Coral Code of Ordinances § 2-35.8 Family and medical leave.

§ 2-35.8 - Family and medical leave. All employees shall be entitled to family or medical leave as provided in the Family and Medical Leave Act of 1993 (29 U.S.C. § 2612) as same may be from time to time amended.

Cape Coral Code of Ordinances § 2-35.9 Involuntary medical leave.

§ 2-35.9 - Involuntary medical leave. (a) A department head who believes that an employee is unable to perform assigned duties due to illness or injury may require the employee to submit to a medical examination by a physician or psychologist selected by the city. Such examination shall be at the city's expense. If the medical examination confirms that the employee is unable to perform his or her assigned duties, the department head shall place the employee on involuntary medical leave. (b) At the time the department head determines that the employee is to be placed on involuntary medical leave, the employee shall be notified, in writing, of the duration of the mandatory leave period and the conditions under which the employee will be allowed to return to the position. (c) An employee who is placed on involuntary medical leave shall be required to use any accrued annual leave prior to being placed on leave without pay. If the employee does not have sufficient accrued annual leave to cover the period of involuntary medical leave, the department head may place the employee on leave without pay pursuant to § 2-35.6. (d) If an employee is unable to return to work at the end of the involuntary medical leave period, based on a current medical certification, the department head may: (1) Upon written request by the employee, place the employee on voluntary leave without pay; or (2) Request the employee's resignation due to inability to perform assigned duties; or (3) Dismiss the employee for cause based on the employee's inability to perform assigned duties.

Cape Coral Code of Ordinances § 2-35.10 Jury duty.

§ 2-35.10 - Jury duty. An employee who is summoned for jury duty shall be granted administrative leave with pay for all hours required for such duty, not to exceed the number of hours in the employee's normal work day. If the jury duty does not require absence for the entire work day, the employee shall return to duty immediately upon release by the Court. If the employee's court attendance does not coincide with the employee's regular work schedule, the employee shall be granted administrative leave with pay based on the total hours served on jury duty, not to exceed the number of hours in the employee's regular work day. Such leave shall be granted on the next scheduled work shift following each day the employee is on jury duty. Any jury fees shall be retained by the employee. The city shall not reimburse the employee for meals, lodging, or travel expenses incurred while serving as a juror.

Cape Coral Code of Ordinances § 2-35.11 Court appearances.

§ 2-35.11 - Court appearances. (a) An employee subpoenaed as a witness in a court proceeding or an administrative hearing not involving service as a paid expert witness shall be granted administrative leave with pay. The employee shall retain any witness fees. The city shall not reimburse the employee for meals, lodging or travel expenses incurred while serving as a witness pursuant to this subsection. (b) An employee subpoenaed in line of duty to represent the city as a witness or defendant shall not be granted administrative leave. The employee's appearance in such cases shall be considered a part of the employee's job assignment. The employee shall be paid per diem and travel expenses and shall be required to turn over to the city any fees received in relation to the appearance. (c) In no case shall administrative leave with pay be granted for court attendance when an employee is engaged in personal litigation or service as a paid expert witness. However, an employee may be granted annual leave in such cases with the approval of the city. For purposes of this section, PERSONAL LITIGATION shall mean any litigation in which the employee is named as a party.

Cape Coral Code of Ordinances § 2-35.12 Voluntary administrative leave.

§ 2-35.12 - Voluntary administrative leave. The City Manager may grant an employee up to a maximum of 60 days of voluntary administrative leave per fiscal year when the City Manager believes said grant to be in the city's best interest. (Ord. 89-20, § 1, 11-2-2020)

Cape Coral Code of Ordinances § 2-35.13 Military leave.

§ 2-35.13 - Military leave. (a) Reserve training. (1) An employee who is a member of the United States Armed Forces Reserve, including the National Guard, shall be granted leave with pay as provided by applicable Florida or federal law during periods in which the employee is ordered to active or inactive duty for training. (2) To be entitled to reserve training leave with pay, the employee must present a copy of the employee's official orders issued pursuant to law. A copy of the official orders shall be filed in the employee's personnel file. (3) Reserved. (4) Any absence in excess of leave granted as provided by applicable Florida or federal law may, upon request by the employee and approval by the department head, be covered by accrued annual leave. Such leave shall not result in any loss of seniority or benefits and shall not affect the employee's performance evaluation rating or accrual of annual leave. (b) Active military service. (1) Employees with regular status who are called to or who volunteer for active military service shall be entitled to leave as provided by applicable Florida or federal law. (2) Such leave shall be verified by official orders or appropriate military certification which shall be filed in the employee's personnel file. (3) No compensation shall be paid pursuant to this section until the city has received evidence of the period of military service completed. (4) Upon return from active military service, the employee shall be entitled to reemployment in accordance with federal and state law. (Ord. 35-23, § 1, 5-3-2023)

Cape Coral Code of Ordinances § 2-35.14 Leave sharing.

§ 2-35.14 - Leave sharing. Within 60 calendar days of the enactment of this article, the city shall implement a leave sharing program whereby regular employees may donate accrued annual leave (see § 2-35.5) to other regular employees who have exhausted all forms of paid leave to which they are entitled and whose receipt of donated leave has been approved by both the proposed recipient's department head and the Director.

Cape Coral Code of Ordinances § 2-35.15 Organ donor and recipient leave.

§ 2-35.15 - Organ donor and recipient leave. An employee shall be entitled to leave time when either receiving an organ or bone marrow donation or donating an organ or bone marrow. (a) The employee is eligible to receive up to 40 hours of leave time when absent due to the donation or receipt of bone marrow. Any additional leave time shall be from the employee's accrued leave. (b) The employee is eligible to receive up to 160 hours of leave time when absent due to the donation or receipt of an organ. Any additional leave time shall be from the employee's accrued leave. (Ord. 38-23, § 1, 5-3-2023)

Source: City of Cape Coral, Florida, Code of Ordinances, City Charter and Land Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/fl/cape_coral/codes/code_of_ordinances?nodeId=CH2AD_ARTIIIPERURE_DIV11ATLEFetched: 11/4/2026