2021-66 - O - Amend Section 5.02 Vacation Accrual - Personnel Policies 11.09.21TOWN OF PROSPER, TEXAS
ORDINANCE NO. 2021-66
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING SECTION 5.02, "VACATION," OF THE TOWN OF
PROSPER PERSONNEL POLICIES AND PROCEDURES MANUAL RELATIVE
TO VACATION ACCRUAL FOR CERTAIN POLICE AND FIRE PERSONNEL;
PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES;
AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE.
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council"), is
required, pursuant to Section 4.06 of the Town Charter, as amended, to adopt personnel rules for
the Town, after preparation of same by the Town Manager; and
WHEREAS, Section 142.0013 of the Texas Local Government Code provides, in part,
that members of the police and fire departments, as defined in state law, are entitled to fifteen
(15) vacation days per year once a municipality attains a population of 30,000, according to the
latest federal decennial census; and
WHEREAS, the Town now has a population in excess of 30,000 and the provisions of
Section 142.0013 therefore apply, and this Ordinance reflects the necessary changes to the
Town's vacation leave policy in accordance with Section 142.0013.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully set
forth herein.
SECTION 2
From and after the effective date of this Ordinance, Section 5.02 of the Town's Personnel
Policies and Procedures Manual is hereby amended, as reflected in Exhibit "A", attached hereto
and incorporated by reference.
SECTION 3
The Town Council hereby affirms and adopts said policy amendments referenced above
and further, hereby affirms and adopts the current Town of Prosper Personnel Policies and
Procedures Manual, with the amendments referenced above.
SECTION 4
Should any section, subsection, sentence, clause or phrase of this Ordinance be declared
unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any
and all remaining portions of this Ordinance shall remain in full force and effect. The Town hereby
declares that it would have passed this Ordinance, and each section, subsection, clause or phrase
thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses
and phrases be declared unconstitutional or invalid.
SECTION 5
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict, and any remaining portions of said ordinances shall remain in full force
and effect.
SECTION 6
This Ordinance shall become effective from and after its adoption and publication as
required by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 9TH DAY OF NOVEMBER 2021.
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Ray'Smitil, Mayor
ATTEST:
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Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No. 2021-66, Page 2
EXHIBIT A
Ordinance No. 2021-66, Page 3
SECTION 5.02: VACATION
All regular full-time and part-time employees shall accrue vacation leave upon employment. Eligibility and
accrual rate of vacation benefits is determined by the date of regular full-time employment and length of
service provided to the Town.
A. Accrual of Vacation
Regular full-time employees with less than two years of regular full-time service with the Town
shall accrue vacation leave at a rate of 3.08 hours per pay period. Full-time employees who have
less than five years of regular full-time service with the Town shall accrue vacation leave at a rate
of 4.62 hours per pay period. Full-time employees who have less than ten years of continuous
regular full-time service with the Town shall accrue vacation leave at a rate of 6.16 hours per pay
period. Full-time employees who have ten or more years or more of continuous regular full-time
service with the Town shall accrue vacation leave at a rate of 7.70 hours per pay period.
REGULAR FULL-TIME EMPLOYEES
Years of Service
Hours Per Pay Period
Hours Accrued Per
Year
Maximum Allowed
0 < 2
3.08
80
160
2 < 5
4.62
120
240
5 < 10
6.16
160
320
10+
7.70
200
400
Regular part-time employees (including part-time Public Safety Officer Personnel) with less than
two years of continuous regular part-time service with the Town shall accrue vacation leave at a
rate of 1.54 hours per pay period. Part-time employees who have less than five years of continuous
regular part-time service with the Town shall accrue vacation leave at a rate of 2.31 hours per pay
period. Part-time employees who have less than ten years of continuous regular part-time service
with the Town shall accrue vacation leave at a rate of 3.08 hours per pay period. Part-time
employees who have ten years or more service with the Town shall accrue vacation leave at a rate
of 3.85 per pay period.
REGULAR PART-TIME EMPLOYEES
Years of Service
Hours Per Pay Period
Hours Accrued Per
Year
Maximum Allowed
0 < 2
1.54
40
80
2 < 5
2.31
60
120
5 < 10
3.08
80
160
10+
3.85
100
200
3. Certified police officers with less than one year of regular full-time service with the Town shall
accrue vacation leave at a rate of 3.08 hours per pay period. Full-time certified police officers who
have between one and five years of continuous regular full-time service with the Town shall accrue
vacation leave at a rate of 4.62 hours per pay period. Full-time certified police officers who have
between five years and ten years of continuous regular full-time service with the Town shall accrue
vacation leave at a rate of 6.16 hours per pay period. Full-time certified police officers who have
Ordinance No. 2021-66, Page 1 of 5
ten or more years or more of continuous regular full-time service with the Town shall accrue
vacation leave at a rate of 7.70 hours per pay period.
FULL-TIME CERTIFIED POLICE OFFICERS
Years of Service
Hours Per Pay Period
Hours Accrued Per
Year
Maximum Allowed
0 < 1
3.08
80
160
1 < 5
4.62
120
240
5 < 10
6.16
160
320
10+
7.70
200
400
4. Pursuant to state and/or federal law, Firefighter Shift Employees may be subject to special
provisions regarding vacation leave. All such provisions shall be consistent with the Fair Labor
Standards Act (FLSA) and Texas state law. Full-time Firefighter Shift Employees with less than one
year of continuous service with the Town shall accrue vacation leave at a rate of 4.62 hours per
pay period. Full-time Firefighter Shift Employees who have between one and five years of
continuous service with the Town shall accrue vacation leave at a rate of 6.92 hours per pay period.
Full-time Firefighter Shift Employees with less than ten years of continuous service with the Town
shall accrue vacation leave at a rate of 9.23 hours per pay period. Full-time Firefighter Shift
Employees who have ten years or more of continuous service with the Town shall accrue vacation
leave at a rate of 11.54 hours per pay period.
FIREFIGHTER SHIFT EMPLOYEES
Years of Service
Hours Per Pay Period
Hours Accrued Per
Year
Maximum Allowed
0 < 1
4.62
120
240
1 < 5
6.92
180
360
5 < 10
9.23
240
480
10+
11.54
300
600
5. Department directors or designees shall schedule an employee's vacation giving consideration to
the ability of the remaining staff to perform the work of the department. The employee has the
responsibility to assure that the leave request is made within a reasonable length of time prior to
the commencement of the leave. All vacation leave for department directors must be approved
by the Town Manager.
Employees shall not be allowed to take in excess of ten consecutive vacation days or, in the case
of firefighter shift personnel, five consecutive vacation shifts, without the prior written approval of
the department director, as appropriate, except when the employee is using family and medical
leave.
6. Vacation leave maybe accumulated from year-to-year; not to exceed two times the annual accrual
rate. The Town Manager may waive this limitation, if the needs of the Town preclude the taking
of vacation leave which would otherwise be lost because of this limitation.
Ordinance No. 2021-66, Page 2 of 5
7. All employees are encouraged to use vacation leave. Leave must be taken in a minimum of 15-
minute increments. All leave requests must be approved by the department director so that
schedules and duties may be adjusted to create minimum disruption of normal work operations.
Upon separation from service, regular employees who have completed six months of service to the
Town shall be paid for any accrued, but unused, vacation leave. All vacation leave is forfeited if the
employee separates from employment prior to completion of six months of employment with the
Town. Additionally, an employee who abandons his/herjob, as defined by policy, shall be ineligible
for payment of accrued vacation leave. To maintain eligibility for payment of accrued vacation
leave, an employee who resigns his position with the Town must submit a written notice of such
resignation, giving ten business days' notice, unless such notice has been waived by the
department director.
9. An official holiday occurring during an employee's vacation shall not be considered vacation leave.
10. Vacation leave shall not be advanced to employees.
11. Vacation leave credits are not transferable between employees.
12. An employee on disciplinary suspension forfeits all claims to use vacation leave for the duration of
the disciplinary suspension.
13. If an employee becomes ill while using vacation leave, vacation leave may be converted to sick
leave. The presentation of a licensed physician's written statement may be required.
14. Vacation leave may not be used by any employee who is unable to work and is receiving full
worker's compensation benefits.
15. Leave records shall be maintained by the Finance Department.
16. Temporary employees are not eligible for vacation leave.
B. Vacation Cash -In
As approved and at times designated by Town administration, employees may elect to receive cash
in lieu of unused, accrued vacation hours by completing a "Vacation Cash -In Request" form.
Regular, full-time employees may cash in up to a maximum of eighty hours per calendar year.
Regular, part-time employees may cash in up to a maximum of forty hours per calendar year. Fire
Department shift employees may cash in a maximum of one hundred and twenty hours. No more
than one-half of the maximum cash -in hours may be requested during any one cash -in period.
2. Regular, full-time employees must maintain a vacation balance of forty hours after deducting the
cash -in hours. Regular, part-time employees must maintain a vacation balance of twenty hours
after deducting the cash -in hours. Fire Department shift employees must maintain a vacation
balance of sixty hours after deducting the cash -in hours.
3. Cashed -in vacation hours are non -reversible and will be paid as a lump sum on a separate check.
Ordinance No. 2021-66, Page 3 of 5
C. Restriction
1. Employees may not borrow unearned vacation time.
2. Employees shall not receive payment of vacation leave in lieu of taking time off except as allowed
under the vacation cash -in policy.
Vacation time benefits will not be paid for the same time an employee receives sick leave pay,
holiday pay, bereavement leave pay, or any other paid leave benefit.
D. Maximum Accruals
1. The maximum allowed accrual of vacation time is two times the annual accrual rate. Vacation
hours will stop accruing when an employee's vacation hours reach two times their annual accrual
rate. It is the employee's responsibility to ensure that their accrual is below the maximum
allowable hours.
E. Compensation for Vacation Leave
Vacation leave is paid at the employee's base rate at the time of the leave. It does not include
overtime or any special forms of compensation. Vacation time is paid only for scheduled hours the
employee would ordinarily have worked.
Upon termination, retirement, resignation, or death, an employee shall be paid for accrued
vacation leave at the rate of pay the employee was receiving at the time of separation. Only
employees who have successfully completed their initial probationary period of employment with
the Town are entitled to this payout provision upon separation.
F. Use and Scheduling of Vacation Leave
1. Vacation leave may be used for time away from the work environment to pursue activities that will
promote the well-being of the individual. Vacation leave may also be used for purposes of attending
to personal business, extension of sick leave when sick leave benefit hours have been exhausted,
inability to get to work because of inclement weather, or for other purposes, and may be taken in
fifteen -minute increments.
2. The designated supervisor must approve all vacation time, giving due consideration to the needs
of the service and the ability of the remaining staff to perform the work of the department or
division. Employees must schedule their annual vacation leave in accordance with the
department's guidelines governing vacation leave scheduling and utilizing the Request for
Authorized Leave form. Whenever possible, vacation time will be scheduled at the convenience of
the employees. However, department directors or supervisors must be certain that
vacations/personal leaves do not interfere with the normal functions and activities of department
operations. Whenever possible, employees are encouraged to submit their preferred vacation
leave schedule to the appropriate supervisor as far in advance as possible to relieve any scheduling
problems that may develop. If taking more than one day of approved time, an employee must make
the request at least three working days in advance. The circumstances of individual departments
or divisions may require that more advance notice be necessary in order to arrange such leave.
Ordinance No. 2021-66, Page 4 of 5
3. To ensure proper payment of vacation pay, employees must make sure they have an approved
Request for Leave form on file before leaving for vacation leave, and make arrangements for their
time sheet to be turned in to the department.
4. Paid vacation leave is not considered hours worked for the purposes of performing overtime
calculations.
5. Only scheduled working days taken off shall be counted as vacation days.
Ordinance No. 2021-66, Page 5 of 5