ABSENCE OF EMPLOYEES FROM DUTY.
Madison General Ordinances § 3.32
in effect3.32 - ABSENCE OF EMPLOYEES FROM DUTY.
(1) Definitions.
(a) As used in this section, the term "employee" shall mean all City employees other than those holding stagehand positions, seasonal positions, hourly positions or crossing guard positions which are specifically exempted from the following provisions unless explicitly stated otherwise. This term shall include City employees who are exempted from the Civil Service System as specified by Sec. 3.53(1), MGO, except members of Compensation Groups 43 and 44. (Am. by Ord. 11,666, 9-4-96; Renum. by ORD-07-00048, 4-12-07; Am. by ORD-10-00019, 2-18-10)
(2) Duties of Human Resources Director and of Division or Department Heads. (Am. by Ord. 10052, Adopted 6-19-90; Renum. by ORD-07-00048, 4-12-07)
(a) It shall be the duty of each division or department head to indicate on such division or department absence record accompanying the payrolls the amount of each employee's absence from duty, together with the cause of such absence.
(b) It shall be the duty of the division of department heads to keep a record of such absence whether paid or unpaid.
(c) No person in the employ of the City of Madison shall receive compensation for time when they are absent from duty unless such absence is shown on the absence record accompanying the payroll of said division or department.
(d) An overpayment to any employee which is made by reason of a false report by the department head or other officer or employee shall be chargeable to the person making such false report who shall reimburse the City for such overpayment. Such overpayment may be deducted from any amounts due from the City to the person making such false report.
(e) No employee shall be absent from duty without permission of the division or department head. After three (3) days' absence not satisfactorily explained to the head of the division or department, the position may be declared vacant by the division or department head.
(3) Standard Workweek, Hours Per Week, Per Day.
(a) The standard number of hours per week during which nonrepresented field personnel shall be on duty, shall be forty (40) hours. The standard number of hours per week for office personnel shall be thirty-eight and three-quarters (38¾). The standard number of days per week during which all nonrepresented employees shall be on duty shall be five.
(b) The standard number of hours per day for nonrepresented non-office personnel shall be eight (8) hours. The standard number of hours per day for nonrepresented office personnel shall be seven and three-quarters (7¾) hours. Appointing authorities may establish reasonable daily starting and ending times to meet the needs of their respective departments and divisions.
(c) Department and division heads may permit their affected non-represented employees to work other than standard daily hours to avoid incurring overtime if the department or division head and the employee mutually agree in writing on the hours to be worked. A core set of hours which must be worked shall be established by the department head and division head to meet the missions of their departments and the best interests of the City. The sets of core hours shall be approved in advance by the Mayor and the Management Team.
(d) The standard work week/work day for employees in Compensation Groups 15, 16, 20, 23, 32, 33 and 71 shall be the work week/work day in effect for that particular compensation group at the expiration of that compensation group's labor agreement.
Before making any permanent shift changes, the Department and Division head, or their designee, shall notify the representative of the particular compensation group five (5) days notice in advance of the anticipated date of the permanent shift change. Department and Division heads, or their designee, shall confer with the representative of the compensation group regarding the impact of the permanent shift change. If there is agreement among all parties, the permanent shift change may be implemented with five (5) working days advance notice to the employee. Should a Department or Division head, or their designee, implement a shift change without the required five (5) day notice or fail to provide the required five (5) working day advance notice to the employee, all time worked shall be paid at time and one-half (½) for the hours worked until the five (5) day notice period is reached. This paragraph does not apply to shift changes necessary to cover another employee's absence, employees hired in a classification as relief workers or to seasonal work assignments.
Upon expiration of the collective bargaining agreements, provisions regarding the number and duration of lunches and breaks shall continue, in accordance with City policy unless modified by mutual agreement.
(e) For employees in Compensation Group 15, hourly employees are defined as persons who were hired for the period of April through the Friday following the Thanksgiving Holiday, and may be assigned to perform a variety of jobs as vacation replacements.
(f) For employees in Compensation Group 16 and 20, Seasonal employees are defined as persons who are employed and/or re-employed on a temporary basis for seasonal work of a temporary nature. Hourly employees are persons who are employed on a temporary basis or in continuously-filled positions working on average less than fifty percent (50%) time.
(g) Seasonal and hourly employees in Compensation Groups 16 and 20 shall work no more than one thousand three hundred fifty (1,350) hours in a calendar year. The City will not rotate seasonal and hourly employees in and out of a job to provide a continuously-filled position. (Am. by ORD-18-00128, 12-14-18)
(h) Employees in Compensation Groups 15, 16 and 20, who work beyond the calendar or hours limitations outlined in (e) through (g) above shall receive triple time for all hours worked beyond the limitations.
(i) Employees in Compensation Group 31 are classified as Library Pages. There is no limitation on the duration or number of hours a Library Page can work.
(j) Upon expiration of the collective bargaining agreements, provisions regarding the number and duration of lunches and breaks shall continue, in accordance with City policy unless modified by mutual agreement.
(4) Leave of Absence Without Pay. Department heads may, in appropriate circumstances, grant leaves of absences without pay to employees, including those in limited term positions, but if such leave is to extend for more than fifteen (15) working days, written approval of the Mayor must be secured. A leave of absence without pay for employees on probation shall act to extend the probationary period by the length of time of leave. (Am. by Ord. 7866, 11-15-82; Renum. by ORD-07-00048, 4-12-07)
(5) Sick Leave and Worker's Compensation Supplement.
(a) Leave of absence with pay to serve as sick leave shall mean absence from duty because of illness or bodily injury, when not a Worker's Compensation case; exposure to contagious disease; and serious illness or death in the "immediate family" of the employee, as defined in Sec. 3.32(12)(a)3.
(b) Sick Leave Eligibility.
1. All City employees as specified in Sec. 3.32(1)(a) shall be eligible to receive sick leave. Employees in hourly positions as defined in the Personnel Rules, shall be eligible to receive sick leave except that no sick leave credit shall be granted unless earned. (Am. by Ord. 7866, 11-15-82; Renum. by ORD-07-00048, 4-12-07; Am. by ORD-09-00083, 6-5-09; Am. by ORD-23-00054, 3-30-23))
2. Probationary employees in their original six (6) months of employment may draw in advance of the amount of sick leave which would be accrued within the six (6) months. Thereafter no sick leave credit shall be granted unless earned. If the employee's service is terminated prior to the end of this period, the employee shall reimburse the City for any unearned sick leave.
3. In the event that a seasonal employee shall move from the status of seasonal to the status of permanent without an interruption of continuous service of more than two (2) consecutive pay periods, then the employee so appointed shall upon completion of probation be credited for one-half day sick leave for each eighty (80) hours worked from the earliest date of employment followed by continuous service. (Am. by Ord. 6879, 1-23-80; Renum. by ORD-07-00048, 4-12-07)
(c) In cases where a department or division head has reason to believe that an employee has attempted to use sick leave for a reason other than for those specified in Subdivision (a), above, the department or division head may require the employee to provide a physician's certificate explaining the necessity for the employee's time of absence from work, or other documentation substantiating that the absence was for a reason specified in Subdivision (a), above. An employee's failure to provide adequate medical or other explanation may result in loss of pay for the time absent. In addition, an employee's attempt to use the sick leave benefit for reasons other than for those so specified may subject the employee to discipline, in accordance with the procedures set forth in the Personnel Rules.
In all cases in which an employee is absent for more than ten (10) consecutive work days and in which no physician's certificate explaining the necessity for the absence has been provided by the employee, the department or division head may require such a certificate before salary payment is authorized for sick leave beyond the tenth day. In cases in which the absence continues for more than thirty (30) consecutive work days, the department or division head may require the employee to provide a physician's certificate explaining the necessity for the absence and file it with the Human Resources Director before further salary payment is authorized unless in view of the physician's latest certificate, further certification appears to be either temporarily or permanently unnecessary in which case the Human Resources Director shall advise the department or division head in writing to that effect. (Am. by Ord. 10052, Adopted 6-19-90; R. & Recr. by Ord. 12,689, 10-9-00; Renum. by ORD-07-00048, 4-12-07)
(d) In cases in which a department or division head has reason to believe that an employee's fitness for duty is in question, the department or division head may, with the approval of the Human Resources Director, direct the employee to undergo a physical or mental examination by a physician of the City's choice to determine the employee's fitness to perform their assigned duties. The expense of such examination shall be borne by the City. The Human Resources Director shall establish a written procedure for the conduct of any such examination or follow-up examinations. (Cr. by Ord. 12,689, 10-9-00; Renum. by ORD-07-00048, 4-12-07)
(e) Sick Leave Accumulation.
1. Earning of Sick Leave.
a. Permanent and Limited Term Employees. Sick leave shall be earned at the rate of one-half (½) day per biweekly pay period of service; provided, however, that eligible employees who work less than full-time shall earn proportionate sick leave in the same ratio as their part-time employment bears to full-time employment in the same or similar position. The term "per biweekly pay period of service" shall be construed to be any biweekly pay period in which the employee has completed six (6) days of compensated service. The term "compensated service" as used herein shall include time spent on sick leave, vacation or Worker's Compensation status.
b. Hourly Employees. Sick leave shall be earned at the rate of one (1) day (8 hours) of sick leave for each two hundred (200) hours of work to a maximum of three (3) days in the calendar year. The three (3) day maximum shall apply regardless of any payout or loss of accumulated sick leave resulting from a resignation, seasonal layoff or termination. In calculating the hours of work to be counted towards the determination of sick leave accrual, only an employee's regular hours of work shall be counted. Overtime hours shall not be included in the determination of eligibility or accrual of sick leave. Hourly employees shall be eligible to earn sick leave benefits from January 1, 2009 or from their first day of employment, whichever date occurs the most recently.
2. Accumulation of Sick Leave and Distribution of Value Thereof.
a. Permanent and Limited Term Employees. Sick leave may be accumulated to a total not in excess of one hundred sixty-three (163) working days. All permanent and limited term employees who retire or who become disabled and who are also eligible to receive either Social Security benefits, Wisconsin Retirement Fund annuity payments or other publicly established retirement fund annuities, shall receive the equivalent value of one hundred per cent (100%) of their accumulated unused sick leave credits.
These funds will be placed into the City of Madison Post-Retirement Sick Leave Conversion Medical Reimbursement Plan and Trust, pursuant to the terms of the Plan, or the City of Madison Governmental 401(a) Special Pay Plan and Trust, pursuant to the terms of the Plan, as the same may be amended from time to time. Other employees may participate in these plans pursuant to their terms. (Sec. 3.36(6)(d)2. Am. by Ord. 11,666, 9-4-96; Ord. 12,479, 10-9-00; Renum. to 3.36(6)(e)2. by Ord. 12,689, 10-9-00; ORD-06-00116, 8-22-06; ORD-06-00099, 8-2-06; ORD-06-00158, 12-8-06; Renum. by ORD-07-00048, 4-12-07; Am. by ORD-09-00083, 6-5-09)
b. Displaced Employees. Employees who are displaced and become unemployed as a direct cause of the transfer of a Department/Division operation to another government or the subcontracting of said operation to a private entity shall be eligible to receive up to the equivalent value of their accumulated unused sick leave credits computed at their prevailing rate (including longevity pay) in effect at the time of the employee's layoff not to exceed the value of six (6) months of the employer's normal contribution toward health insurance. These funds will be placed in an escrow account administered by the City and will be used to continue the City's normal contribution toward health insurance premiums for a period not to exceed six (6) months following the date of layoff until such time as they become employed or until such funds are exhausted whichever occurs first. If the eligible employee is recalled or rehired by the City of Madison within twenty-four (24) months of the layoff, the accumulated unused sick leave credits not converted to the escrow account for health insurance contributions pursuant to this section shall be restored to the employee.
c. Hourly and Seasonal Employees.
i. At the time of layoff, a seasonal or hourly employee shall be paid fifty percent (50%) of the value of any unused sick leave that they have accrued. Payment shall be made in the pay period immediately following the date of the affected employee's layoff. For hourly employees not seasonally laid off, the employee will have an automatic annual carryover of up to three (3) sick days per year. If more than three (3) sick days has accrued at the end of the calendar year, the employee shall be paid fifty percent (50%) of the value of any accrued unused sick leave in excess of three (3) days. If a seasonal or hourly employee is terminated or resigns prior to the end of the term or season for which they were hired, the employee forfeits all accumulated sick leave. However, resigning from a position for the purpose of returning to school for the fall semester shall be considered a layoff. (Cr. by ORD-09-00083, 6-5-09; ORD-13-00159, 10-9-13)
ii. Non-seasonal hourly employees will be permitted to carry over a maximum of three (3) sick days into the next calendar year.
d. Distribution Upon Moving Into A Permanent Position. If a limited term, seasonal or hourly employee moves from that position to a permanent position without interruption in their employment with the City, such employee shall upon completion of probation, if one is served, receive one-half (½) day sick leave for each eighty (80) hours worked. If the position is obtained through a non-competitive process, then such benefits shall be limited to the earliest date of uninterrupted employment with the City. The balance of any accrued sick leave earned as an hourly or seasonal employee shall be deducted from the forgoing sick leave benefit calculation. (Cr. by ORD-09-00083, 6-5-09)
3. Accumulation in Excess of One Hundred Fifty (150) Days. Employees, except as listed in 4. and 5. below, earning sick leave in excess of one hundred fifty (150) days shall receive a cash sum equivalent to employee's regular salary times the number of excess days said payment to be made on the pay date of pay period 25. (Am. by Ord. 11,666, 9-4-96; ORD-06-00158, 12-8-06; Renum. by ORD-07-00048, 4-12-07; Am. by ORD-09-00069, 4-17-09; ORD-16-00088, 10-26-16)
4. Employees in Compensation Group 15. Employees in Compensation Group 15 may accumulate up to a total of one hundred sixty-three (163) days of sick leave. At the end of each year, any employee with a sick leave balance in excess of one hundred fifty (150) days will receive a payout on the pay date of pay period 25 equivalent to the employee's regular salary times the number of excess days. (Am. by ORD-16-00088, 10-26-16)
5. Employees in Compensation Group 16 and 20. Employees in Compensation Groups 16 and 20 who have accumulated a sick leave balance in excess of one hundred fifty (150) days, their balance from the previous year will remain and fifty percent (50%) of any newly accrued sick leave days will be paid out on the pay date of pay period 25 with the remaining fifty percent (50%) added to the total accrued sick leave time. (Am. by ORD-16-00088, 10-26-16)
6. Death Benefit. Employees earning sick leave who die while employed by the City shall have an amount equal to their current rate of pay, including longevity times their accrued unused sick leave added to the last pay due the employee.
(f) Worker's Compensation Supplement. All employees shall be considered eligible for Worker's Compensation Supplement. In the event an eligible employee is entitled to receive compensation for temporary total disability in accordance with the provisions of Wis. Stat. ch. 102, said employee shall continue to be paid by the City at eighty percent (80%) percent of the same rate and upon the same basis as they were paid prior to such injury, provided that no employee shall receive less than the same net regular rate of pay as they were paid prior to such injury. Said pay shall include the employee's Worker's Compensation pay for a period not to exceed one hundred eighty (180) working days or thirty-six (36) working weeks and during such period the employee is receiving full pay under the provisions of this subdivision said employee shall continue to accrue sick leave and vacation in accordance with the provisions of this section, provided that no employee by reason of this subdivision shall receive pay for more than fifty-two (52) weeks in any calendar year. Payment provided herein shall include the first three (3) days said employee is absent from work. Pay by the City "at the same rate and upon the same basis" and "regular rate of pay" shall mean only base salary, plus any earned step increases, plus any earned longevity in effect immediately prior to the injury or illness subject to the provisions of Sec. 3.54 or any duly authorized labor agreement. (Am. by Ord. 9446, 3-23-88; Renum. from Sec. 3.36(6)(e) by Ord. 12,689, 10-9-00; Renum. by ORD-07-00048, 4-12-07; Am. by ORD-10-00019, 2-18-10)
(6) Vacation.
(a) Eligibility. Employees are not eligible to use vacation time until the successful completion of their three (3) month onboarding report (or equivalent three (3) month review), after which time the employee is able to use the prorated amount of their vacation balance they have earned to that date. Employees who are required to serve a probationary period in excess of six (6) months shall be eligible to receive earned paid vacation leave after completion of six (6) months of probation, not to exceed fifty percent (50%) of the employee's authorized starting vacation balance. In the event that an employee in a seasonal or hourly position who is otherwise ineligible to receive vacation shall move from the status of seasonal or hourly to the status of permanent without an interruption of continuous service of more than two consecutive pay periods, then the employee so appointed shall upon completion of probation be credited for vacation leave of one (1) day for each two hundred eight (208) hours worked from the earliest date of employment followed by continuous service. This provision does not apply to crossing guards. (Am. by Ord. 12,099, 4-20-98; ORD-07-00011, 2-20-07; Renum. by ORD-07-00048, 4-12-07; Am. by ORD-10-00019, 2-18-10; ORD-13-00068, 5-8-13; ORD-16-00083, 9-29-16; Am. by ORD-23-00101, 11-20-23)
(b) Carry-Over. Up to two (2) weeks of vacation leave which is not taken within the calendar year in which it is earned will be carried over automatically; unused vacation beyond two (2) weeks may be carried over with the permission of the Department or Division Head and Human Resources Director. (Am. by ORD-09-00017, 2-6-09)
(c) Schedule.
1. Vacation leave for the City employees described in Subdivision (a) above, except as provided in Sec. 3.32(6)(c)7. below, shall be earned at an equivalent monthly rate in accordance with the following table:
Continuous Service Time | Full-Time Equivalent Annual Work Days of Vacation
After completion of one (1) year | 10
After completion of three (3) years | 12½
After completion of seven (7) years | 15
After completion of eleven (11) years | 17½
After completion of fifteen (15) years | 20
After completion of nineteen (19) years | 25
After completion of twenty-seven (27) years | 27
2. Authorized leave of absence without pay in excess of thirty (30) working days and periods of layoff shall not qualify as service time in computing continuous service for vacation. (Am. by ORD-10-00019, 2-18-10)
3. Computation of Eligible Employee's Vacation. Eligible employee's vacation shall be computed from the date of appointment. A proportional part of each employee's annual vacation shall be earned upon completion of each biweekly pay period of service.
a. The term "biweekly pay period of service" shall be construed to be any biweekly pay period in which the employee has completed six (6) days of compensated service. "Compensated service" as used herein shall include time spent on sick leave, holiday, vacation or any other authorized leave for which regular, full pay is received.
b. All annual vacation allowances shall be computed to the nearest one-half (½) day.
4. Reimbursement. Vacation which would normally be earned in a calendar year may be taken during such year; but if the employee's service is terminated prior to the end of the year, the employee shall reimburse the City for any unearned vacation leave taken, which amount shall be deducted from the employee's last wages.
5. Legal holidays falling within the period of annual leave are not included in the period of such leaves. In employment where Saturday is a half work day it shall be counted as a full day.
6. Vacation Schedule. The vacation schedules for employees in a division or department shall be developed by the division or department head. It shall be the policy of each division or department head to schedule vacations over as wide a period as possible in order to obviate the need for temporary personnel. The use of vacation in smaller increments than one week shall be allowed. Accordingly, vacation shall be granted subject to the approval of the department or division head.
7. New Appointments. Pursuant to Sec. 3.54(10)(a), MGO, the Mayor may designate a new appointment's beginning vacation leave entitlement at any step within the vacation schedule. For vacation purposes, the designation will be deemed to carry with it the minimum years of continuous service necessary for that step in the vacation schedule. Thereafter vacation leave for the person appointed shall be earned in accordance with the schedule in Sec. 3.32(6)(c)1. above. (Cr. by ORD-05-00013, 2-15-05)
(d) Vacation Credit Upon Death. Eligible employees and officers upon death, shall have added to the last pay due, full vacation credit for that calendar year less any vacation already taken during said year.
(e) Vacation Credit Upon Retirement. Eligible employees and officers upon retirement, shall have added to the last pay due, full vacation credit for that calendar year less any vacation already taken during said year
(f) Assistant Fire Chiefs may elect to convert up to two (2) weeks of their annual vacation to an amount of cash equivalent to said vacation calculated on the regular earnings of said employee. The employee shall apply for such conversion option in accordance with department procedure no later than October 1 of each year. Assistant Fire Chiefs may, in the alternative, elect to select a Salary Option which will convert up to two (2) weeks of vacation to pay applied to the gross salary in twenty-six (26) equal payments throughout the year. Provided, however, that under no circumstances shall either such addition to the employee's gross pay be included in calculating overtime rates or any other form of premium pay. (Cr. by Ord. 7394, 5-6-8; Renum. by ORD-07-00048, 4-12-07)
(7) Designated Holidays.
(a) Eligibility. All City employees and employees holding hourly positions shall be eligible to receive paid designated holidays. (Am. by ORD-10-00019, 2-18-10)
(b) The following are designated as holidays for City employees: January 1, the third Monday in January, the last Monday in May, June 19, July 4, the first Monday in September, Thanksgiving Day, and December 25. (Am. by Ord. 10064, 8-2-90; Renum. by ORD-07-00048, 4-12-07; Am. by ORD-10-00019, 2-18-10; Am. by ORD-21-00056, 7-30-21; Am. by ORD-22-00115, 11-11-22)
(c) Employees must work or be on authorized paid leave the work day before and after a designated holiday in order to receive pay for the holiday. Employees who are absent without pay for a portion of the day before or the day after a holiday will have the holiday pro-rated. All City offices except those performing required duty shall be closed on the days listed in subsection (b) above. (Am. by ORD-21-00089, 12-15-21)
(d) In those cases where employees must perform required duty on the holidays listed in (b) above, they shall be compensated or granted time off at the rate currently in effect, in the employee's division or department, such time off to be taken at a time which is agreeable to the employee and the division or department head. For Compensation Groups 15, 16, 20, 32, 33 and 71 only, the compensated rate is two (2) times the employee's regular rate of pay for hours worked on the holidays listed in subsection (b) above. Employees in Compensation Group 18 required to work on a holiday will be eligible for equivalent time off in the future. (Am. by ORD-21-00089, 12-15-21)
(e) In the event that any of the holidays listed in Sec. 3.32(7)(b) fall on a Sunday, the following Monday shall be treated as a holiday, however, the double-time pay provision shall apply only to the actual calendar date of the holiday. If any of the holidays listed in Sec. 3.32(7)(b) fall on a Saturday, employees shall have an additional vacation day added to their current vacation balance. (Am. by ORD-10-00019, 2-18-10; Am. by ORD-19-00096, 12-12-19)
(f) Employees required to work on Easter Sunday will be paid double time for all hours worked. (Cr. by Ord. 6716, Adopted 8-14-79; Renum. by ORD-07-00048, 4-12-07; Am. by ORD-21-00089, 12-15-21)
(8) Floating Holidays.
(a) Eligibility. All City employees shall be eligible to receive three and one-half (3½) paid floating holidays except as provided for in Sec. 3.32(7)(f). (Am. by Ord. 8776, 2-5-86; Am. by Ord. 13,469, 12-11-03; Renum. by ORD-07-00048, 4-12-07)
(b) Floating holidays shall be taken on days selected by the employee subject to the approval of the department or division head.
(c) Employees who are hired on or after November 1 will be permitted to carry over unused floating holidays into the following calendar year. (Cr. by ORD-09-00017, 2-6-09)
(Am. by ORD-10-00019, 2-18-10)
(9) Paid Leave Time.
(a) Eligibility. All City employees shall be eligible for paid leave time. Employees must work or be in an approved paid leave status the workday before and after a paid leave day in order to receive pay for the paid leave day. Employees who are absent without pay for a portion of the day before or the day after a paid leave day will have the paid leave day pro-rated. (Am. by ORD-21-00089, 12-15-21)
(b) 1.
City facilities, except in those agencies providing essential services shall be closed on Ho-Chunk Day (the day after Thanksgiving). In cases where employees are performing required duty on said days and cannot be granted time off, they shall be granted compensatory time off at a standard time rate at a mutually agreeable time. The intention of this provision is to grant each employee a whole day of paid leave on Ho-Chunk Day. Those employees who have a scheduled day off or who are on vacation or sick leave shall receive equivalent compensatory time off. (Am. by Ord. 13,469, 12-11-03; Renum. by ORD-07-00048, 4-12-07; Am. by ORD-21-00056, 7-30-21)
2. City facilities, except in those agencies providing essential services may, with the permission of the Mayor, be closed the whole day or part of the day on December 24 and December 31 where said days fall on a normal Monday-Friday workday. In the event a City facility remains open, the department head may release employees from duty on that day at the department head's discretion. In those cases when persons performing required duty cannot be granted time off on said days, appropriate compensatory time off shall be granted at a mutually agreeable time. The intention of this provision is to grant each employee time off with pay on said days provided that said days fall on a week day, Monday through Friday.
When December 24th or 31st falls on either Saturday or Sunday, employees shall be provided one (1) day vacation in lieu of the benefits provided herein for both days. Employees who have a scheduled day off, or who are on vacation or sick leave shall similarly be given equivalent compensatory time off.
3. Those employees who work on a shift which requires them to work on the day after Thanksgiving, December 24 and/or December 31 shall be compensated at two (2) times the regular straight time rate of pay plus paid time off later (hour per hour worked) to be scheduled at a time mutually agreed to between the employee and the department head in lieu of any overtime compensation. This applies to CG 15, 16, 20, 31, 32, 33, 71, 17, 18, 19 and 23. (Am. by ORD-25-00084, 12-2-25)
(c) All paid leave time granted under sub. (9)(b) above shall be at straight time.
(Am. by Ord. 9951, 2-14-90; Renum. by ORD-07-00048, 4-12-07; Am. by ORD-10-00019, 2-18-10)
(d) (Rpld by ORD-22-00115, 11-11-22)
(e) (Rpld by ORD-22-00115, 11-11-22)
(10) Military Leave.
(a) Eligibility. Officials and employees of the City of Madison, including those persons holding hourly positions or crossing guard positions, who are members of the uniformed services of the United States may be eligible to take leaves of absences, without loss of credited service time, in order to fulfill their official duties as members of the uniformed services of the United States. Eligibility for such leave, the requesting of such leave, the administration of such leave and an employee's rights to reemployment upon return from such leave shall be determined in accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. §§ 4301—4333, as amended by Pub. L. 105-368, Veterans Programs Enhancement Act of 1998, 112 Stat 3315 (10 Nov. 1998) and any subsequent amendments to that law. Members of the Wisconsin National Guard who are called to active duty by order of the Governor or by an order issued under the authority of § 32 U.S.C. 502(f), which is not considered to be service in the uniformed services of the United States, are entitled to a leave of absence without loss of credited service time, however, such leave shall be requested, granted and administered pursuant to Wis. Stats. §§ 21.80 and 45.50, 45.51, as that law may be amended from time to time. (Am. by Ord. 13,354, 7-5-03; Renum. by ORD-07-00048, 4-12-07; Am. by ORD-10-00019, 2-18-10)
(b) Pay Differential and Leave Accumulation for Active Duty Service.
1. Subject to sub. 3, an employee who is activated to serve on military duty, other than those persons who hold hourly positions or crossing guard positions, in the U.S. armed forces shall be paid their City salary, less any military pay and housing allowances that they receive, during the period in which the employee is on military duty in the U.S. armed forces, unless the military pay and housing allowances equal or exceed their City salary, and shall accumulate sick leave and vacation as though no interruption in service has occurred if all of the following apply:
a. The employee is activated to serve, or is serving, on military duty in the U.S. armed forces, other than for training purposes.
b. On the date on which they are activated, the employee is either a member of the National Guard or a member of a reserve component of the U.S. armed forces or is recalled to active military duty from inactive reserve status.
c. The employee has received a military leave of absence under Sec. 3.32(10)(a), MGO, or under a collective bargaining agreement or is eligible for reemployment with the city under Wis. Stats. § 21.80, 45.50, or under USERRA, after completion of their service in the U.S. armed forces.
(Am. by ORD-10-00019, 2-18-10)
2. Subject to Sub. 3, a City employee, other than those persons who hold hourly positions or crossing guard positions, who is required to serve, or who is serving, in the U.S. public health service and who is on detail with any of the U.S. armed forces shall be paid their city salary, less any federal pay and housing allowances that they receive, during the period in which the employee is detailed for duty with any of the U.S. armed forces, unless the federal pay and housing allowances equal or exceed their City salary, and shall accumulate sick leave and vacation as though no interruption in service has occurred. (Am. by ORD-10-00019, 2-18-10)
3. Limitations on Term of Pay Differential.
a. Except as provided in par. b., beginning on the day in which a City employee is activated to serve on military duty in the U.S. armed forces or to serve in the U.S. public health service, the employee shall receive the pay and benefits authorized under Sub. 1. or 2. There shall be no limitation on the number of times a city employee may be deployed and receive pay differential and benefits under this ordinance so long as such employee remains eligible to return to City employment under Sec. 3.32(10), MGO, or under Wis. Stats. § 21.80, 45.50, or under USERRA.
b. This ordinance shall not have any retroactive effect. No employee who is eligible to receive the pay and benefits under Sub. 1. or 2. may receive the pay or benefits for any service in the U.S. armed forces or the U.S. public health service for any such service that has occurred before the enactment of these provisions.
4. Any city employee who is eligible to receive the pay and benefits authorized under sub. 1. or 2. and who has completed their duty with the U.S. armed forces or the U.S. public health service may use up to 160 hours of accumulated vacation before the employee resumes employment with the City. Any accumulated vacation that is used under this subsection must be used no later than thirty (30) calendar days after the employee has completed their duty with the U.S. armed forces or the U.S. public health service. If, after using any such accumulated vacation, an employee has any accumulated vacation remaining that was accumulated while on duty with the U.S. armed forces or the U.S. public health service, the employee's department/division head and the Human Resources Director shall permit the employee to carry over the leave into the next year for use in that year. This subsection shall not have any retroactive effect and shall not apply to any periods of service occurring before the enactment of this subsection.
5. Continuity of Healthcare and Life Insurance. Unless an employee ordered to active duty (other than training) with the armed forces of the United States under the authority of Titles 10 or 32, United States Code, has specifically requested otherwise and in writing, the city shall continue to pay the employer's contribution towards health and dental insurance premiums, life insurance premiums and contributions to the Wisconsin State Retirement Fund on behalf of any employee, at the rate which would be in effect for the employee had they not been ordered to active duty. This subsection shall not have any retroactive effect and shall not apply to any periods of service occurring before the enactment of this subsection.
6. Suspension of Benefits. If at any time, the number of City of Madison employees currently drawing benefits under the provisions of this ordinance shall exceed the greater of either the equivalent of thirty (30) full time employees or shall meet or shall exceed one percent (1%) of the total City workforce as determined by full time equivalents the benefits provided under this subsection are suspended by action of this ordinance. The suspension of these benefits shall remain in effect until such point in time that the number of City employees otherwise eligible to actually receive the benefits provided by this ordinance has remained, for a period of not less than ninety (90) consecutive days, at or below the greater number of either thirty (30) full time employees or one percent (1%) of the total workforce, as set forth above. Any employee who is currently receiving benefits under this ordinance at the time that such a suspension of benefits becomes operative, shall receive a thirty (30) day notice of the City's intent to suspend such benefits and such employee shall continue to receive such benefits until the thirtieth day following the issuance of such notice. The suspension of these benefits does not affect the rights and entitlements of any employee as such rights and entitlements may be guaranteed under state and federal law.
7. Notice of Benefits. Within sixty (60) days of the passage of this ordinance the Human Resources Department shall create and distribute a poster that notifies eligible employees of their rights under Sec. 3.32(10), MGO. City department/division heads shall ensure that this poster is prominently posted in all city workplaces.
(11) Jury Service. Employees who are called for jury service in any court of the State of Wisconsin or of the United States shall, upon reimbursement to the City of their per diem jury payment, be entitled to leave of absence from their City position without loss in time from the service of the City to serve as jurors in such courts. There shall be no deduction from nor interruption of the pay from the City because of such absence. The leave granted by this section is in addition to all other leaves granted or authorized by any other provisions of City ordinances and the time of the leave granted under this section shall not be deemed a part of any leave granted or authorized by any other provisions of City ordinances. For the purpose of determining seniority pay or salary advancement, the status of the employee shall be considered as though not interrupted by such attendance. (Renum. from Subsection (14) by Ord. 13.354, 7-5-03; Renum. by ORD-07-00048, 4-12-07; Am. by ORD-10-00019, 2-18-10)
(12) Death in Employee's Family or Otherwise.
(a) Death in Immediate Family.
1. Where there is a death in the immediate family of an employee such City employee including crossing guard employees, shall be eligible, in accordance with the terms of this subsection, for leave without loss of pay. Employees shall be granted up to three (3) days without loss of pay and without charge to accrued sick leave or vacation of the employee. Such leave must be used within two (2) weeks of the death, memorial service, and/or funeral service which is the basis for the leave. Authorization for exceptions to this requirement can be obtained through the Human Resources Director. The leave provided under this provision is not to be considered as vacation or holiday leave but leave provided for reasons related to the death of a close relative.. (Am. by Ord. 10052, Adopted 6-19-90; ORD-10-00019, 2-18-10)
2. In the event of the death of an "immediate family" member, leave greater than three (3) days may be granted at the discretion of the Human Resources Director with such leave charged against the compensatory time, vacation or sick leave balance of the employee at the discretion of the employee. In the event the employee's compensatory time, vacation time and sick leave time are exhausted, the Department or Division Head may authorize up to three (3) days of vacation leave from vacation time to be earned by the employee the following calendar year which would create a negative vacation leave balance until the end of the year. In the event the employee terminates employment with the City and has a negative vacation leave balance, the vacation time advanced to the employee shall be repaid to the City from the employee's final paycheck.
3. The term "immediate family" as used in this subsection shall be limited to the following:
a. Parents or stepparents.
b. Spouse.
c. Children, stepchildren, grandchildren, or foster children.
d. Spouse's foster children.
e. Sibling.
f. Grandparent or great-grandparent.
g. A person designated in writing by the employee as a family partner or that partner's children, stepchildren, grandchildren, or foster children; parents or stepparents; sibling or step-sibling; son-in-law or daughter-in-law; grandparents or great grandparents. The Mayor shall establish rules and procedures for such designation of family partners. (Cr. by Ord. 9560, 8-11-88)
h. Parent-in-law or step-parent-in-law.
i. Sibling-in-law or step-sibling-in-law.
j. Child-in-law.
k. Spouse's grandparents or great grandparents.
l. A Domestic Partner registered with the City Clerk as provided in Section 39.03(11) of these ordinances.
(b) Death Other Than in Immediate Family. Where a death of a person in the employee's family, other than their immediate family or otherwise occurs, employees shall be entitled to one (1) day of leave with said leave to be charged against any paid leave credits due the employee at the discretion of employee. The Human Resources Director has discretion to authorize such employee additional leave from work which absence shall be chargeable to any paid credits due the employee at the discretion of the employee. In absence of paid leave credits, the time off shall be charged as leave without pay. (Am. by Ord. 10052, Adopted 6-19-90; Renum. by ORD-07-00048, 4-12-07; Am. by ORD-09-00017, 2-6-09)
(c) Death of Friends. Employees shall be entitled to leave without pay for one (1) day when the memorial service takes place out of town; one-half (½) day for in-town memorial services; such time off may be charged against any paid leave credits due the employee at the discretion of the employee. In absence of any paid leave credits, the time off shall be charged as leave without pay. (Cr. by ORD-09-00017, 2-6-09)
(d) Death of City Employee. When there is the death of a current City employee, the Department/Division Head of the deceased employee's department, or of a closely allied Department with the approval of that Department/Division Head, shall have the discretion to authorize up to four (4) hours of leave to attend the memorial service without the requirement of the employee taking paid leave to cover the time. (Cr. by ORD-19-00096, 12-12-19)
(13) Disability Leave Without Pay. Employees who are unable to perform the essential functions of their position due to a qualifying medical condition shall be entitled to a leave of absence without pay for a period not to exceed six (6) months, subject to the following provisions:
(a) The employee shall apply for such leave, in writing, to the employee's Department/Division Head. The Human Resources Director must approve the leave of absence.
(b) The employee shall submit a physician's report including a statement of the illness, injury or disability and whether or not the employee is able to work to the Human Resources Director.
(c) The employee shall submit to their Department/Division Head a physician's statement of release for work before returning to work.
(d) In the event the employee is unable to return to work at the end of the six (6) months, the employee shall be placed in a layoff status for a period not to exceed an additional eighteen (18) months.
During the period of lay-off, should the employee's physician approve, in writing, that the employee can return to work, the rights of the returning employee shall be as established in the Personnel Rules.
Employees on disability lay-off must give the Human Resources Department a minimum of three (3) weeks' notice prior to exercising their right to return in order for the displacement process contained herein to occur. The employee that is selected for initial displacement shall be given written notice of the action not less than five (5) calendar days prior to the effective date; provided, however, that a junior employee shall receive no prior notice in the case of a senior employee displacing a junior employee. Displaced employees shall have forty-eight (48) hours after receiving notice to exercise whatever options may be available to them. If a decision is not made within the 48-hour period, said employee shall be deemed to have been laid off by the City. Employees who cannot displace into a lower position and therefore are to be laid off shall receive written notice of the action not less than fourteen (14) calendar days prior to the effective date.
(e) The City and/or employee shall continue to pay health insurance premiums on the same basis as existed prior to the commencement of the disability leave of absence. However, in the event that changes occur affecting the premium payment for health insurance during the disability leave of absence, payment arrangements will be adjusted accordingly.
(f) Employees in limited term positions may be granted a disability leave without pay at the discretion of the Department or Division Head, for a period not to exceed six (6) months. Limited term employees are not entitled to displacement provisions.
(g) Employees with an employment contract may be granted a disability leave without pay at the discretion of the Mayor and are not entitled to displacement options unless set forth by individual contract.
(14) Return to Service. An employee in the classified service appointed to a position in the unclassified service shall be granted a leave of absence without pay from their former position in the classified service for the period of their service in the unclassified position and for one (1) year thereafter, during which time they shall be entitled to return to such former position or to one of equal responsibility and pay in the classified service without loss of seniority or civil service status. Any employee receiving a greater salary in the classified service than that provided for a position in the unclassified service to which they are appointed, shall be entitled to the same salary while serving in such position as they were receiving in the classified service at the time of such appointment. This section shall supersede any provision of law relating to the civil service application and selection procedures in conflict therewith. This section shall not apply to persons leaving civil service positions to accept employment contracts with the City nor to persons who have been terminated or demoted from such unclassified positions for any reason contained in the Personnel Rules. (Am. by Ord. 10060, 7-20-90; Renum. from Subsection (17) by Ord. 13,354, 7-5-03; Renum. by ORD-07-00048, 4-12-07; Am. by ORD-10-00019, 2-18-10; ORD-14-00012, 1-14-14)
(15) Election Day Leave.
(a) State law requires that employees be allowed time off for the purpose of voting on Election Day. Any employee wishing to vote during regular work hours should notify their supervisor in advance of the Election Day. Any employee having given notice prior to Election Day may take up to three (3) hours of vacation, compensatory time, floating holiday or absence without pay for the purpose of voting on Election Day. The City, specifically the Department or Division head, reserves the right to designate the time of day in which the employee is released from work to vote.
(b) An employee appointed to serve as a City of Madison election official pursuant to Wis. Stats. § 7.30 may use their vacation, holiday and/or compensatory leave during the period of time they would have been scheduled to work and serves as an election official. In such a case, the employee receives their regular rate of pay and is allowed to retain any compensation earned or received for their service as an election official.
(c) For such time as an employee is serving as a City of Madison election official pursuant to Wis. Stats. § 7.30 during the twenty-four-hour period of an election day, and is not using vacation, holiday or compensatory leave, they shall remain on the payroll for those hours which they would have otherwise worked for the City and shall receive in addition a check in the amount of the election official compensation for the hours where there is no overlap between the employee's regular or scheduled hours and the hours they serve as an election official. (Am. by ORD-08-00138, 12-23-08)
(d) An employee appointed to serve as an election official pursuant to Wis. Stats. § 7.30 for any jurisdiction other than the City of Madison shall upon proper notice and pursuant to Wis. Stats. § 7.33(3) be granted an unpaid leave of absence for the entire twenty-four-hour period of each election day in which the employee serves in their official capacity as an election official.
(e) An employee who serves as an election official shall provide their Department/Division Head with at least seven days written notice of their anticipated service as an election official.
(16) Paid Parental Leave. All permanent full time and permanent part time employees shall be entitled to six (6) weeks of City paid parental leave.
(a) Employees may use paid parental leave for the birth of the employee's child or the adoption of a child by the employee. In the case of multiple births or multiple adoptions occurring at the same time, employees will be entitled to only one (1) six-week period of paid leave.
(b) The period of leave must occur within one (1) year of the date of the birth and/or date of the adoption.
(c) The employee shall apply for such leave, in writing, to the employee's Department/Division Head. The Human Resources Director, or their designee, must approve the leave.
(d) Paid parental leave under this section will run concurrently with any state or federal FMLA or City designated leave. In the event the employee is unable to return to work at the end of the six (6) week period of paid parental leave, the employee may use other available paid or unpaid leave to remain off work as is permissible under any State, Federal and/or City leave laws or policies.
(17) Organ Donation - Donor Leave of Absence.
(a) The Department or Division may grant a paid leave of absence of five (5) working days to any employee who requests a leave of absence to serve as a bone morrow donor, if the employee provides the appointing authority with written verification that the employee is to serve as a bone marrow donor.
(b) The Department or Division may grant a paid leave of absence of thirty (30) work days to any employee who requests a leave of absence to serve as a human organ donor if the employee provides the appointing authority with written verification that the employee is to serve as a human organ donor.
(c) An employee who is granted a leave of absence under this subsection shall remain on paid status without interruption during the leave of absence. The leave of absence shall count against the employee's annual entitlement under the federal and state Family and Medical Leave Acts. If additional time off from work in excess of that authorized by sub. (a) or (b) is needed, the employee will be required to utilize accrued leave.
(Sec. 3.36(4) Am. by Ord. 11,777, Adopted 1-21-97); (Renum. by ORD-07-00048, 4-12-07) (Secs. 3.32(3)(e) - (j) Cr. by ORD-15-00074, 7-29-15) (Am. by ORD-10-00019, 2-18-10) (Sec. 3.32(6)(e)1. Am. by ORD-09-00083, 6-5-09) (Sec. 3.36(6)(e) Renum. from Sec. 3.36(6)(d) by Ord. 12,689, 10-9-00; Am. by Ord. 13,291, 4-5-03; Renum. by ORD-07-00048, 4-12-07) (Am. by Ord. 10,383, 2-27-92; Ord. 12,563, Adopted 4-11-00; ORD-05-00013, 1-18-05; Renum. by ORD-07-00048, 4-12-07; Am. by ORD-10-00019, 2-18-10) (Renum. by ORD-07-00048, 4-12-07); (Sec. 3.36(7)(c) Am. by Ord. 8626, 7-2-85) (Am. by Ord. 12,563, Adopted 4-11-00; Am. by Ord. 13,354, 7-5-03; Am. by ORD-06-00074, 6-3-06; Renum. by ORD-07-00048, 4-12-07) (Sec. 3.36(15)(a)2. Am. by Ord. 11,708, 11-13-96; ORD-06-00158, 12-8-06; Renum. by ORD-07-00048, 4-12-07) (Renum. from Subsection (15) by Ord. 13,354, 7-5-03; Renum. by ORD-07-00048, 4-12-07) (Sec. 3.36(16) Am. by Ord. 10,810, 1-14-94; Renum. from Subsection (16) by Ord. 13,354, 7-5-03; Renum. by ORD-07-00048, 4-12-07; Am. by ORD-10-00019, 2-18-10) (Cr. by Ord. 13,127, 8-28-02; Renum. from Subsection (18) by Ord. 13,354, 7-5-03; Renum. by ORD-07-00048, 4-12-07) (Cr. by ORD-18-00117, 11-9-18) (Cr. by ORD-21-00089, 12-15-21) (Sec. 3.32 Am. by ORD-14-00173, 12-10-14)
Source: City of Madison, Wisconsin, Madison General Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/wi/madison/codes/code_of_ordinances?nodeId=COORMAWIVOICH1--10_CH3OFBOEMPURE_SUBCHAPTER_3BQUOFEM_3.32ABEMDUFetched: 11/1/2026