38-2025 Amend 149.08, 149.10, 149.11 - Employee Benefits

Docusign Envelope ID: C34C338B- A0CC- 4FD7-A1 FF-62ACMD89= 1s-c read 11/ 17/ 25; 2nd reading 12/ 1/ 25 ORDINANCE NO. 3 8- 2025 Please substitute for the original Baker, Bullock, Evans, Kepple, BY: Marx, Steiner, Strebig AN ORDINANCE to take effect January 1, 2026 provided it receives the affirmative vote of at least two thirds of the members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, amending Section 149.08 Vacations, Section 149. 10 Holidays and Section 149. 11 Sick Leave Accumulation of the Lakewood Codified Ordinances to allow the accrual of vacation for employees at a faster rate, increase the maximum vacation that can be earned, add Veteran' s Day to the list of paid City holidays and to increase the conversion of sick time upon separation of employment with the City. WHEREAS, changes to employment benefits are necessary to keep administrative non- union -staff in line with the benefits provided to union staff; and WHEREAS, Lakewood has reached tentative agreements with the various labor unions in the City and as a result, both AFSCME Public Works and AFSCME Administrative Employees have received increased benefits in the form of vacation, holidays and sick time conversion ; and WHEREAS, as set forth in Section 2. 12 of the Third Amended Charter of the City of Lakewood, this Council by a vote of least two thirds of its members determines that this ordinance is an emergency measure and that it shall take effect immediately, and that it is necessary for the immediate preservation of the public property, health, and safety and to provide for the usual daily operation of municipal departments, in that these benefits should be available to employees beginning January 1, 2026; now, therefore, BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO: Section 1. That Section 149.08 Vacations of the Lakewood Codified Ordinances, currently reading as follows: 149. 08 VACATIONS. a) ( 1) Vacation time for all full- time permanent hourly employees and all annual salaried employees not covered by a collective bargaining agreement shall be earned in one calendar year and taken in a subsequent year. Vacation time earned during the first calendar year of employment shall ' be in accordance with the following schedule to reflect service time from the date of employment to December 31 of that first year based on the schedule below: Effective January 1, 2022, permanent part- time employees not covered by a collective bargaining agreement, who have completed one full year of service or more as of December 31 of any given year shall be entitled to vacation in the subsequent year based on the schedule below: Hours of Service Vacation Hours Earned 240 to 439 8 440 to 639 16 640 to 839 24

Docusign Envelope ID: C34C338B- A0CC- 4FD7- A1 FF- 62ACMD89= 840 to 1039 32 1040 to 1239 45 1240 to 1439 48 1440 to 1639 56 1640 to 1839 64 1840 to 2079 72 Effective January 1, 2002, all full- time permanent hourly employees and annual salaried employees not covered by a collective bargaining agreement, who have completed one full year of service or more as of December 31 of any given year shall be entitled to vacation in a subsequent year based on the following schedule: Full Years of Service as of December 31 Vacation Hours Earned 1 thru 6 80 7 thru 12 120 13 thru 18 160 19 and over 200 Effective January 1, 2022, full-time employees shall receive credit for prior service with the State of Ohio or any political subdivision of the State of Ohio for the purposes of vacation hours earned. Verification of prior service credit shall be provided to the human resources department by the employee from the appropriate retirement system. Effective January 1, 2022, the Mayor or appropriate appointing authority may provide advanced vacation hours earned to full- time FLSA- exempt employees. Advanced vacation hours provided cannot exceed 120 hours per year. Advanced vacation hours shall be deducted from the employee' s vacation bank upon the accrual of any vacation time in the next year. Employees shall be responsible for reimbursing the City for advanced vacation hours at that employee' s hourly rate upon separation from employment with the City. At no time shall an employee carry a balance of advanced vacation in excess of 120 hours. When a full-time permanent hourly or salaried employee terminates his employment due to voluntary resignation, retirement or death, vacation time earned during that year shall be prorated based on the above schedules. 2) In applying subsection ( a)( 1) hereof, there shall be included in the term " regular time service" all regular time worked, regular time not worked but compensated by reasons ofthe holiday, vacation or sick leave provisions hereof and regular time neither worked nor directly compensated by the City but for which an employee received worker' s compensation because of injury sustained in the course of employment by the City. b) Vacation time for all full- time permanent hourly employees and all salaried employees not covered by a collective bargaining agreement, shall be earned in one year and taken in the subsequent year, except that an employee' s paid vacation leave shall be adjusted ( or prorated) to reflect time spent on unpaid leave( s) of absence totaling thirty days or more ( i.e. for each thirty days spent on unpaid leave of absence, an employee shall lose one -twelfth of regular paid vacation leave). c) Vacation pay of all employees shall be computed on the basis of compensation schedules, including regular time as to hourly employees, in effect at the time vacations are taken. d) No employee may accumulate in excess of ten weeks ( fifty working days) of vacation time, excluding all vacation time earned in the year in which the accumulated vacation is taken; provided,

Docusign Envelope ID: C34C338B- A0CC- 4FD7- A1 FF- 62ACMD89M however, in the event an employee is prevented from taking all of his vacation time earned during such year due to operational requirements of the City, the Mayor, at his sole discretion, shall have the authority to authorize a cash reimbursement for the vacation time such employee would have lost as a result of such prevention. No employee shall take more than four weeks vacation in a single uninterrupted period of time, except upon termination of employment. Accrued vacation time in excess of ten weeks ( fifty working days) not taken by the employee shall be deemed surrendered by the employee. Except as otherwise provided herein, vacation time not actually taken as such is not compensable in money; however, an employee may be compensated for vacation time earned upon the termination of his employment for any reason other than discharge for cause, conditioned upon at least one week' s notice of such termination by such employee. e) All vacations shall be granted and taken at such times as shall be mutually agreeable to the employee and his division head, insofar as possible. Where they are unable to agree, the decision of the division head shall govern. The division head may permit the vacation to be taken in other than consecutive days. Each division head shall annually prepare a vacation schedule so devised as to cause minimum interference with normal operation of the division. In the event of conflict between employees in regard to vacation time, seniority shall control. is hereby repealed. Section 2. That new Section 149. 08 Vacations of the Lakewood Codified Ordinances is hereby enacted to read as follows: 149. 08 VACATIONS. a) ( 1) Vacation time for all full- time permanent hourly employees and all annual salaried employees not covered by a collective bargaining agreement shall be earned in one calendar year and taken in a subsequent year. Vacation time earned during the first calendar year of employment shall be in accordance with the following schedule to reflect service time from the date of employment to December 31 of that first year based on the schedule below: Effective January 1, 2022, permanent part- time employees not covered by a collective bargaining agreement, who have completed one full year of service or more as of December 31 of any given year shall be entitled to vacation in the subsequent year based on the schedule below: Hours of Service Vacation Hours Earned 240 to 439 8 440 to 639 16 640 to 839 24 840 to 1039 32 1040 to 1239 45 1240 to 1439 48 1440 to 1639 56 1640 to 1839 64 1840 to 2079 72 All full- time permanent hourly employees and annual salaried employees not covered by a collective bargaining agreement, who have completed one full year of service or more as of December 31 of any given year shall be entitled to vacation in a subsequent year based on the following schedule: Full Years of Service as of Vacation Hours Earned December 31

Docusign Envelope ID: C34C338B-A0CC-4FD7-A1 FF-62AC9AD89C2D 1 thru 4 80 5 thru 9 120 10 thru 14 160 15- 19 200 20- 24 220 25 and over 240 Full- time employees shall receive credit for prior service with the State of Ohio or any political subdivision of the State of Ohio for the purposes of vacation hours earned. Verification of prior service credit shall be provided to the human resources department by the employee from the appropriate retirement system. The Mayor or appropriate appointing authority may provide advanced vacation hours earned to full-time FLSA-exempt employees. Advanced vacation hours provided cannot exceed 120 hours per year. Advanced vacation hours shall be deducted from the employee' s vacation bank upon the accrual of any vacation time in the next year. Employees shall be responsible for reimbursing the City for advanced vacation hours at that employee' s hourly rate upon separation from employment with the City. At no time shall an employee carry a balance of advanced vacation in excess of 120 hours. When a full-time permanent hourly or salaried employee terminates his employment due to voluntary resignation, retirement or death, vacation time earned during that year shall be prorated based on the above schedules. 2) In applying subsection ( a)( 1) hereof, there shall be included in the term " regular time service" all regular time worked, regular time not worked but compensated by reasons of the holiday, vacation or sick leave provisions hereof and regular time neither worked nor directly compensated by the City but for which an employee received worker' s compensation because of injury sustained in the course of employment by the City. b) Vacation time for all full-time permanent hourly employees and all salaried employees not covered by a collective bargaining agreement, shall be earned in one year and taken in the subsequent year, except that an employee' s paid vacation leave shall be adjusted ( or prorated) to reflect time spent on unpaid leave( s) of absence totaling thirty days or more ( i. e. for each thirty days spent on unpaid leave of absence, an employee shall lose one -twelfth of regular paid vacation leave). c) Vacation pay of all employees shall be computed on the basis of compensation schedules,* including regular time as to hourly employees, in effect at the time vacations are taken. d) No employee may accumulate in excess of ten weeks ( fifty working days) of vacation time, excluding all vacation time earned in the year in which the accumulated vacation is taken; provided, however, in the event an employee is prevented from taking all of his vacation time earned during such year due to operational requirements of the City, the Mayor, at his sole discretion, shall have the authority to authorize a cash reimbursement for the vacation time such employee would have lost as a result of such prevention. No employee shall take more than four weeks vacation in a single uninterrupted period of time, except upon termination of employment. Accrued vacation time in excess of ten weeks ( fifty working days) not taken by the employee shall be deemed surrendered by the employee. Except as otherwise provided herein, vacation time not actually taken as such is not compensable in money; however, an employee may be compensated for vacation time earned upon the termination of his employment for any reason other than discharge for cause, conditioned upon at least one week' s notice of such termination by such employee. e) All vacations shall be granted and taken at such times as shall be mutually agreeable to the employee and his division head, insofar as possible. Where they are unable to agree, the decision of the division head shall govern. The division head may permit the vacation to be taken in other than consecutive days. Each division head shall annually prepare a vacation schedule so devised as to

Docusign Envelope ID: C34C338l3- A0CC- 4FD7- A1 FF- 62ACMD89= cause minimum interference with normal operation of the division. In the event of conflict between employees in regard to vacation time, seniority shall control. Section 3. That Section 149. 10 Holidays, of the Lakewood Codified Ordinances, currently reading as follows: 149. 10 HOLIDAYS. a) Effective June 19, 2021, full- time permanent hourly employees and annual salaried employees, not covered by a collective bargaining agreement, shall be granted holidays with regular time pay, as follows: New Year' s Day Labor Day Martin Luther King Day Thanksgiving Day Presidents Day Day After Thanksgiving Good Friday Christmas Day Memorial Day Three Days Personally Requested Juneteenth Employee' s Birthday Independence Day However, no employee shall be compensated for holiday pay unless he works or is available for work on his full regularly scheduled work day next preceding and next following the holiday. ( Day after Thanksgiving shall not apply to individuals working in the Refuse Department or Wastewater Treatment Plant, who shall receive an extra personal day). b) Whenever any such holiday falls Saturday, the preceding Friday shall be regarded as the holiday and when any such holiday falls on Sunday, the Monday following shall be regarded as the holiday, for all purposes of Sections 149. 01 through 149. 13. c) Nothing herein contained shall be construed to prevent the City as employer from requiring any employee to report for work or to work on any holiday if necessary, by reason of emergency or to carry on essential municipal functions. is hereby repealed. Section 4. That new Section 149. 10 Holidays, of the Lakewood Codified Ordinances, is hereby enacted to read as follows: 149. 10 HOLIDAYS. a) All full- time permanent hourly employees and annual salaried employees, not covered by a collective bargaining agreement, shall be granted holidays with regular time pay, as follows: New Year' s Day Labor Day Martin Luther King Day Veteran' s Day Presidents Day Thanksgiving Day Good Friday Day After Thanksgiving Memorial Day Christmas Day Juneteenth Three Days Personally Requested Independence Day Employee' s Birthday

Docusign Envelope ID: C34C338B- A0CC- 4FD7- A1 FF- 62ACMD89= However, no employee shall be compensated for holiday pay unless he works or is available for work on his full regularly scheduled workday next preceding and next following the holiday. b) Whenever any such holiday falls Saturday, the preceding Friday shall be regarded as the holiday and when any such holiday falls on Sunday, the Monday following shall be regarded as the holiday, for all purposes of Sections 149. 01 through 149. 13. c) Nothing herein contained shall be construed to prevent the City as employer from requiring any employee to report for work or to work on any holiday if necessary, by reason of emergency or to carry on essential municipal functions. Section 5. That Section 149. 111 Sick Leave Accumulation and Conversion, of the Lakewood Codified Ordinances, currently reading as follows: 149. 111 SICK LEAVE ACCUMULATION AND CONVERSION. a) Effective January 1, 2002, all full- time, permanent, hourly employees and annual salaried employees not covered by a collective bargaining agreement may accumulate 120 days of unused sick leave and they shall be allowed to convert twenty- five percent ( 25%) of such sick leave into a lump sum cash payment up to a maximum of thirty, days of pay upon retirement, resignation or death. b) The lump sum sick leave conversion payment provided for herein shall be made within twenty- one days after retirement, resignation or death. c) All full- time, permanent employees and annual salaried employees not covered by a collective bargaining agreement, who have accumulated more than 120 days of sick leave may convert on a three -to -one basis all days accumulated over 120 days into a lump sum cash payment at the end of each calendar year. is hereby repealed. Section 6. That new Section 149. 111 Sick Leave Accumulation and Conversion, of the Lakewood Codified Ordinances, is hereby enacted to read as follows: 149. 111 SICK LEAVE ACCUMULATION AND CONVERSION. a) All full- time, permanent, hourly employees and annual salaried employees not covered by a collective bargaining agreement may accumulate 120 days of unused sick leave and they shall be allowed to convert a percentage of such sick leave into a lump sum cash payment upon retirement, resignation or death. The conversion of accumulated sick leave shall be converted based on the following years of service with the City of Lakewood as follows: Full Years of Service Percentage of Conversion 0- 3 years 0% 4- 9 years 25 % 10- 14 years 33% 15- 19 years 40% 20 ears or more 50% b) The lump sum sick leave conversion payment provided for herein shall be made within twenty- one days after retirement, resignation or death. c) All full- time, permanent employees and annual salaried employees not covered by a collective bargaining agreement, who have accumulated more than 120 days of sick leave may convert on a three -to -one basis all days accumulated over 120 days into a lump sum cash payment at the end of each calendar year.

Docusign Envelope ID: C34C338B- AOCC- 4FD7- A1 FF- 62AC9AD89C2D Section 7. It is found and determined that all formal actions of this Council concerning and relating to the passage of this ordinance were adopted in an open meeting of this Council, and that all such deliberations of this Council and of any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements. Section 8. This ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, property, health, safety and welfare in the City and for the usual daily operation of the City for the reasons set forth and defined in the preamble to this ordinance, and provided it receives the affirmative vote of at least two thirds of the members of Council, this ordinance shall take effect and be in force immediately upon its adoption by the Council and approval by the Mayor, or otherwise it shall take effect and be in force after the earliest period allowed by law. Adopted: 12/ 15/ 2025 DocuSigned by: 4 / C Sarah Kepple, President of Council DocuSigned by: Maureen M. Bach, Clerk of Council Approved: ?' ' ZZ y O' L MeghanvF. George, Mayor