Milwaukee Code of Ordinances § 350-40 Vacations.
350-40. Vacations.
1. DEFINITIONS.
a. “Active service” means the time spent as an appointed employee on the city payroll in a position qualifying for fringe benefits or an appointed employee of the redevelopment authority of the city of Milwaukee. For this time spent to count as active service for vacation purposes, the time, together with any furlough time, shall be continuous from the date of appointment. Active service shall also include the time an employee taking a military leave would have spent on the city payroll in a position qualifying for fringe benefits if he or she had not taken a military leave. Active service shall also include the time an employee or a public official appointed under s. 62.51, Wis. Stats., spent on the city payroll as an elected official.
b. “Anniversary date” means the date an employee completes 12 months of active service in a position qualifying for fringe benefits following appointment to the city of Milwaukee. After completion of the first 12 months of active service an employee's anniversary date shall not change.
c. “Pay-period year” means the 26 consecutive pay periods ending within a single calendar year.
2.
ELIGIBILITY. General vacation eligibility requirements shall be as follows:
a. Unless stated otherwise in a certified collective bargaining agreement while it is in force and in effect, an employee shall be eligible to receive vacation benefits immediately upon employment.
b. Usage of vacation shall be based on an annual pay-period year.
3.
TIME EARNED FOR ANNUAL VACATION PERIOD. Unless stated otherwise in a certified collective bargaining agreement while it is in force and in effect, the following time is earned for an annual vacation period:
a. Full Time Employees.
a-1. Full time employees, except the executive director of the employes’ retirement system, the fire chief, the chief of police and public officials appointed under s. 62.51, Wis. Stats., and their deputies, shall earn vacation time on an annual pay-period-year basis in the following manner:
a-1-a. 3.7 hours per pay period for employees who have completed less than 4 years of active service.
a-1-b. 5.3 hours per pay period for employees who have completed at least 4 years but less than 9 years of active service.
a-1-c. 6.8 hours per pay period for employees who have completed at least 9 years but less than 14 years of active service.
a-1-d. 8.4 hours per pay period for employees who have completed at least 14 but less than 21 years of active service.
a-1-e. 9.9 hours per pay period for employees who have completed at least 21 years of active service.
a-1-f. 10.5 hours per pay period for employees who were on the payroll, or leave of absence or working toward year-round employment as of January 1, 1964.
a-1-g. 10.8 hours per pay period for employees who were on the payroll, or leave of absence or working toward year-round employment as of January 1, 1963.
a-1-h. Effective pay period 13, 2007, if it becomes necessary to recruit a fair labor standards act-exempt employee at a vacation rate above the minimum of 3.7 hours per pay period, the department of employee relations, with the concurrence of the chair of the committee on finance and personnel, may authorize vacation at the rate of 5.3 hours per pay period which will provide a third week of vacation. A listing of appointments made under this provision shall be provided to the committee on finance and personnel.
a-1-i. Transitional vacation accounts shall be created and maintained according to guidelines developed by the department of employee relations.
a-2. Public officials appointed pursuant to s. 62.51, Wis. Stats., as well as the executive director of the employes’ retirement system, the fire chief and the chief of police, shall earn vacation time for a fiscal year on a pay period basis in the following manner:
a-2-a. Officials who have completed less than 9 years of active service shall earn 5.3 hours per pay period.
a-2-b. Officials who have completed at least 9 years but less than 14 years of active service shall earn 6.8 hours per pay period.
a-2-c. Officials who have completed at least 14 years of active service shall earn 8.4 hours per pay period.
a-2-d. Officials who have completed at least 21 years of active service shall earn 9.9 hours per pay period.
a-2-e. Effective pay period 5, 2023, a public official appointed pursuant to s. 62.51, Wis. Stats., may be recruited or retained at a vacation rate above the minimum of 5.3 hours per pay period, the department of employee relations, with the concurrence of the chair of the finance and personnel committee, may authorize vacation at any rate provided within subpars. b to d. A listing of appointments made under this provision shall be provided to the finance and personnel committee.
a-3. Employees holding positions represented by a certified bargaining unit will be governed by the schedule provided in the labor agreement between the city and their union.
b. Part-time Employees. Employees who work an average of 20 hours per week on a year-round basis in a position which is budgeted as half-time or more shall be able to earn, according to their years of service as provided in par. a, vacation on a prorated basis.
c. Administration.
c-1. The heads of departments, bureaus, authorities, commissions or other bodies under the control of the common council shall arrange and designate the earned vacation as provided in this subsection, except for those employees excluded from benefits under s. 350-237.
c-2. The amount of vacation time taken during a fiscal year, except for separation from service as provided in sub. 4 shall be limited to the maximum noted in par. a. These maximums are not guarantees; an employee is not entitled to any greater vacation with pay than that which he or she has earned.
4.
UNEARNED TIME DEDUCTIBLE. Vacation taken before the full amount has been earned shall be considered time owed the city until it is earned. At the discretion of the department head, an employee may borrow up to 80 hours of vacation before it is earned provided that the total number of vacation hours he or she takes in that pay period year does not exceed the number of hours that the employee would earn in vacation in that pay-period year under sub. 3. In no case may an employee's vacation account balance exceed 80 negative hours. Any employee who leaves the service of the city due to resignation, retirement, termination, discharge, layoff or death will have the compensation for vacation time owed the city deducted from the final paycheck.
5.
MAXIMUM VACATION BALANCES. The maximum amount of vacation employees can maintain in their vacation accounts shall be as follows:
a. 176 hours for employees who have completed less than 4 years.
b. 216 hours for employees who have completed 4 years of service but less than 9 years of service.
c. 256 hours for employees who have completed 9 years of service but less than 14 years of service.
d. 296 hours for employees who have completed 14 years of service but less than 21 years of service.
e. 336 hours for employees who have completed at least 21 years of service.
f. 352 hours for employees described in sub. 3-a-1-f.
g. 360 hours for employees described in sub. 3-a-1-g.
h. The department of employee relations may allow up to a maximum of 80 hours of vacation to accrue beyond the maximum balances provided in pars. a to g in situations where an employee is required to forego the use of vacation for a defined period of time due to a citywide project or emergency declaration under s. 6-07. This additional vacation shall be placed in a transitional vacation account as provided for in sub. 3-a-1-i.
7.
REINSTATEMENT AFTER RESIGNATION. a. When an employee who has resigned from the city service applies for reinstatement, the city service commission may grant that employee credit for prior service with the city for vacation purposes if the situation should warrant that action.
b. When a former city employee who has resigned from the city service is reinstated to city employment in a position subject to s. 63.27, Wis. Stats., the former employee may be granted credit for prior service with the city for vacation purposes if the situation should warrant that action in accordance with the policy of the city’s civil service commission as if the position was subject to the civil service commission.
8.
DEPARTMENTAL APPROVAL. Vacations may be divided into 2 or more periods if thought advisable by the respective department heads. The department heads shall determine when such vacation periods shall be granted, the practical considerations involved in the efficient operation of the department and give consideration to the convenience of the employees.
10.
VACATION RECORDS. The director of employee relations, in checking payrolls or accounts of salaries and wages of officers and employees in the city departments, bureaus, authorities, boards, commissions or other bodies shall check and keep a record of the time allowed to employees for vacations and shall make certification to the comptroller that the total time allowed for vacation to any one employee during any fiscal year is in accordance with the vacation allowance set forth in this section. Where the vacation allowance with pay exceeds that set forth in this section, the director of employee relations shall withhold certification to such payrolls or accounts of salaries or wages in the manner provided in s. 350-112.
11.
ADMINISTRATION. Uniform administration, interpretation and enforcement shall be vested in the director of employee relations, except that as to fire and police personnel, the fire and police commission shall have the same power and responsibility.
12.
EARNED VACATION UPON SEPARATION. Any employee who leaves the service of the city due to resignation, retirement, layoff or death or who takes military leave shall be paid for earned vacation time that has accumulated. Discharged employees shall not be entitled to pay for accumulated vacation time. Employees eligible for payment of earned vacation upon separation from city service shall be paid in cash for such earned vacation. No request by an employee to use vacation time to extend the employee’s time on the city payroll shall be granted.
15.
POLICE AND FIRE DEPARTMENTS. a. Members of the Police Force. a-1. Special Service Credit. Police department employees in active service and in the following position classifications shall have time spent on duty disability pension included as years of service for computing current and prospective vacation benefits:
a-1-a Chief of police.
a-1-b Assistant chief of police.
a-1-c. Deputy chief of police.
a-1-d. Police commander.
a-2. Police Heroism. The chief of police is authorized to establish departmental rules in accordance with city ordinances for granting additional vacation and off-days to members of the police force who demonstrate outstanding merit in the apprehension of criminals and meritorious acts of heroism and bravery beyond the call of duty. No more than 14 additional off-days shall be granted to any one member of the police force in a calendar year.
a-3. The amount of vacation earned by a member of the police force in 1998 for use in 1999 shall be placed in a transitional vacation account (TVA). TVA hours may be scheduled with the approval of the chief. A member of the police force may not borrow vacation hours until all of his or her TVA hours have been exhausted.
b. Members of the Fire Department.
b-1. Special Service Credit. Fire department employees in active service and in the following position classifications shall have time spent on duty disability pension included as years of service for computing current and prospective vacation benefits:
b-1-a. Fire chief.
b-1-b Assistant fire chief.
b-1-c. Deputy chief of fire.
b-1-d. Battalion chief.
b-1-e. Chief dispatcher of fire alarm and telegraph.
b-2. Time Earned Per Week. Employees in active service during a fiscal year and whose normal hours of work exceed 40 hours per week shall be entitled to vacation with pay during that fiscal year at the following rates:
b-2-a. 3.7 hours per pay period for employees who have completed fewer than 6 years of active service.
b-2-b. 5.6 hours per pay period for employees who have completed 6 years but fewer than 11 years of active service.
b-2-c. Effective pay period 1, 2026, 8.4 hours per pay period for employees who have completed 11 years but fewer than 18 years of active service.
b-2-d. Effective pay period 1, 2026, 10.2 hours per pay period for employees who have completed 18 years or more years of active service.
b-3. Time Earned per Pay Period: Noncivilian Management. Noncivilian management employees of the fire department in active service during a fiscal year and whose normal hours of work average 40 hours per week shall be entitled to vacation with pay during that fiscal year at the following rates:
b-3-a. 3.7 hours per pay period for employees who have completed fewer than 4 years of active service.
b-3-b. 5.3 hours per pay period for employees who have completed 4 but fewer than 9 years of active service.
b-3-c. 6.8 hours per pay period for employees who have completed 9 but fewer than 14 years of active service.
b-3-d. 8.4 hours per pay period for employees who have completed 14 but fewer than 21 years of active service.
b-3-e. 9.9 hours per pay period for employees who have completed at least 21 years of active service.
b-4. Employees on Injury Leave. An employee on authorized injury leave as a result of a duty-incurred injury may use vacation scheduled during the period of the leave, provided he or she notifies his or her immediate supervisor orally of this fact prior to the start of the vacation and indicates the time when the vacation is to be used.
b-5. Employees on Sick Leave. An employee on authorized sick leave may use vacation scheduled during the period of the leave, provided he or she notifies his or her immediate supervisor orally of this fact prior to the start of the vacation and indicates the time when the vacation is to be used.
b-6. Scheduling. The assignment and scheduling of vacations with pay shall be controlled by the fire chief.
b-7. Administration. Administration and control of this subsection shall be under the fire chief.