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BULLET St. Louis City Revised Code Chapter 4.54 Medical Examiner's Office Employees

St. Louis City Revised Code (annotated) has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis City Revised Code may be obtained from the Register's Office at the St. Louis City Hall.



Chapter 4.54
Medical Examiner's Office Employees

Sections:

4.54.010 Alphabetical list of classes.
4.54.020 Official pay schedule for classification grades.
4.54.030 Salary range limitations.
4.54.040 Starting salary.
4.54.050 Promotion, demotion, reallocation, transfer and temporary promotion.
4.54.060 Salary adjustment.
4.54.070 Income sources.
4.54.080 Conversion.
4.54.090 Payment of salaries.
4.54.100 Changes to classification plan.
4.54.105 Payroll forms.
4.54.110 Certification of payroll.
4.54.120 Overtime.
4.54.130 Holidays.
4.54.140 Vacation.
4.54.150 Sick leave.
4.54.160 Military leave.
4.54.170 Education reimbursement.
4.54.180 Leaves of absence and family/medical leave.
4.54.185 Insurance benefits.
4.54.187 Death benefit.
4.54.190 Workers' compensation and disability leave.
4.54.200 Jury and witness leave.
4.54.210 Deferred compensation.
4.54.220 Retirement.

4.54.010 Alphabetical list of classes.

A. Beginning October 10, 2008, the following positions in the Medical Examiner's Office with bi-weekly rates are hereby allocated as listed below in accordance with the classification plan by the Chief Medical Examiner to a grade and overtime code in the following section with rates established in Section 4.54.020 in accordance with Section 3(a) and Section 9(e) of Article XVIII of the City Charter.

Title

Code

Grade/ Schedule

OVTM

Administrative Secretary

1137

13G

3

Autopsy Technician I

5411

09G

3

Autopsy Technician II

5412

11G

3

Autopsy Technician III

5413

12G

3

Autopsy Technician Supervisor

5414

10G

3

Computer Operator I

1323

10G

3

Computer Operator II

1324

11G

3

Computer Operator III

1325

12G

3

Computer Programmer I

1331

13G

3

Computer Programmer II

1332

14G

3

Computer Programmer III

1333

15G

3

Custodian/Courier

3711

06G

3

Document Specialist I

5643

11G

3

Document Specialist II

5644

12G

3

Executive Asst. to the Chief Medical Examiner

1735

18M

1

Executive Secretary

1136

14G

3

Forensic Office Administrator I

1621

18M

3

Forensic Office Administrator II

1622

20M

1

Forensic Office Administrator III

1623

22M

1

Medical Transcriptionist

1122

12G

3

Medicolegal Investigation Supervisor

2355

1M

2

Medicolegal Investigator I

2351

13G

3

Medicolegal Investigator II

2352

14G

3

Medicolegal Investigator III

2353

16G

3

Medicolegal Investigator IV

2354

1G

1

Morgue Attendant

5410

08G

3

Record File Clerk

1111

09G

3

Secretary

1132

10G

3

Typist Clerk I

1121

8G

3

Typist Clerk II

1122

9G

3

Typist Clerk III

1123

10G

3

Telephone Operator

1161

06G

3

X-ray Technician

5441

11G

3

Intern - Level 1

9991

00I

3

Intern - Level 2

9992

00I

3

Intern - Level 3

9993

00I

3

Intern - Level 4

9994

00I

3

Intern - Level 5

9995

00I

3

Intern - Level 6

9996

00I

3

(Ord. No. 68122, 1, 10-10-2008: prior: Ord. 67811 1, 2007: Ord. 67335 1, 2006: Ord. 66401 1, 2004: Ord. 64953 1, 2000: Ord. 64306 1, 1998: Ord. 63779 1, 1996.)

4.54.020 Official pay schedule for classification grades.

The Chief Medical Examiner is hereby adopting as the compensation schedule for all grades established in Section 4.54.010, the following ranges of salary.

A. General, Professional and Management Pay Schedule. The following bi-weekly pay schedule for all pay grades denoted with the suffix "G" or "M" shall become effective beginning with the bi-weekly pay period starting October 10, 2008:

Bi-Weekly Range of Pay in Whole Dollars

Grade

Minimum

Maximum

5

689

1014

6

747

1101

7

812

1197

8

881

1301

9

956

1414

10

1038

1539

11

1129

1674

12

1227

1821

13

1353

2021

14

1551

2307

15

1777

2648

16

2039

3038

17

2339

3490

18

2683

4007

19

3081

4602

20

3538

5286

21

3817

5706

22

4119

6159

23

4445

6650

B. Shift Differential. Shift differential shall be paid for certain work assignments. The Chief Medical Examiner shall determine the work assignments for which shift differential will be paid. The assignment or removal of an employee from a work assignment having a shift differential shall be determined by the Chief Medical Examiner and will not constitute a promotion, demotion, advancement or reduction in pay. The shift differential shall be added to the employee's regular bi-weekly rate.

1. In order for an employee to be eligible for shift differential compensation for a work shift, the employee must regularly work a shift that requires the completion of four (4) hours of work between the hours of 4:00 p.m. and 8:00 a.m. the following morning. Employees who are regularly assigned to work schedules that require them to rotate among three shifts (day, evening, night) on a bi-monthly or more frequent basis shall be eligible for shift differential compensation for all three shifts worked. For employees whose pay range is established in subsection (A) the shift differential premium shall be one percent (1%) of the employee's regular base bi-weekly rate for each eligible shift worked in a bi-weekly pay period.

2. Except as otherwise provided in this chapter, shift differential shall not be paid to employees compensated on an hourly or per performance basis, or bi-weekly paid employees who work part-time. Neither shall shift differential be paid to full-time regular employees docked for any portion of an eligible shift.

3. An employee whose pay range is established in subsection (A), shall receive shift differential for working a portion of an eligible shift. Shift differential shall only be paid for whole hours worked, providing the portion of the shift not worked is charged to paid leave. A fraction of an hour shall not be counted toward the payment of the differential. An employee whose pay range is established in subsection (A), shall not receive shift differential compensation for any overtime worked that is not part of their regular schedule.

C. Weekend Differential. When employees whose pay range is established in subsection (A), work on a Saturday and/or a Sunday they may be eligible for weekend differential. This differential shall be one percent (1%) of an employee's base bi-weekly rate and shall not be paid for any overtime worked that is not part of an employee's regular schedule. An employee shall receive weekend differential for working any portion of an eligible day. Weekend differential shall not be paid to employees compensated on an hourly or per performance basis or bi-weekly paid employees who work part-time. Neither will the weekend differential be paid to full-time regular employees docked for any portion of a day on which the differential would otherwise be paid.

D. The Chief Medical Examiner may establish per performance rates of pay, hourly rates of pay, or rates of pay for units of work and the conditions for making of any such payments. Such per performance, hourly, or unit-of-work rates may be computed from the bi-weekly scales established in this chapter. Per performance, hourly, or unit-of-work rates shall be established considering the nature of employment, community practices in compensating similar employment, and the purpose of the program for which the rate is established. Employees paid per performance, hourly, or unit-of-work rates of pay shall not be entitled to vacation, sick leave or holiday leave with pay or other benefits accorded employees paid a bi-weekly rate except that a manager or supervisor, with the prior approval of the Chief Medical Examiner, and when sufficient funds have been appropriated for the fiscal year, may establish a modified level or type of benefit program when the provision of such benefit is needed in order to attract and retain sufficiently qualified employees to work in specific per performance, hourly, or unit-of-work assignments.

Administrative staff is not permitted to utilize per performance and hourly employees as a method of replacing bi-weekly rate employees who would be entitled to employee benefits. Therefore, per performance and hourly employees will be limited to an equivalent of ten (10) months of full time employment per year.

E. The Chief Medical Examiner may establish trainee rates of pay. Such trainee rates may be established on an hourly, per performance or bi-weekly basis and shall be less than the rate paid to a regular employee.

F. The Chief Medical Examiner may establish rates and conditions under which compensation may be granted for periods of time during which an employee is away from the job site but restricted in his/her activities because of an assignment by a manager or supervisor to be available for a call to return to the work site to perform emergency duties. Pay rates and conditions established under the provisions of this subsection may include reasonable minimum pay guarantees for employees required to return to the work site to perform emergency duties.

The provisions of this subsection shall not be construed to restrict the right of any manager or supervisor to establish call back procedures for employees as an established condition of employment.

G. The Chief Medical Examiner may authorize payment of special recruitment bonuses, travel, moving and related expenses to recruit employees for positions when funds for this purpose are appropriated to the Medical Examiner.

H. The Chief Medical Examiner may approve the payment of hiring incentives to current employees to recruit qualified personnel for positions that are difficult to fill. Hiring incentives shall be in any amount up to twenty-five percent (25%) of the annual salary of the position for which the recruitment is made.

I. 1. The Chief Medical Examiner, may establish cash awards or other incentives for an employee or group of employees to recognize and reward increased productivity or effectiveness. The incentives offered may include cash, paid time off, and such other reasonable incentives as the Chief Medical Examiner may determine. Cash awards shall be made from the personal services appropriation of the unit, the account from which the employee's salary is paid or from a general appropriation for this purpose.

2. The Chief Medical Examiner may establish a program of cash awards or other incentives, not to exceed ten percent (10%) of annual salary, paid as an addition to pay, for the purpose of providing additional compensation for employees who are fluent in a foreign language and who use this skill in the necessary and regular recurring performance of the duties of their position. Cash awards shall be made from the personal services appropriation of the unit, the account from which the employee's salary is paid or from a general appropriation for this purpose. Cash awards and incentives under this program shall be made in accordance with guidelines established by the Chief Medical Examiner.

3. Notwithstanding any other provision in this chapter, the Chief Medical Examiner is authorized to establish a program of incentives not to exceed twenty-four percent (24%) of the maximum of the pay range for the purpose of compensating positions which are extremely hard to fill.

4. The Chief Medical Examiner may provide an Employee Suggestion Program, which grants cash and other awards to recognize employee suggestions, which improve Medical Examiner's Offices, operations or facilities. Cash awards to employees for suggestions resulting in tangible savings to the City shall not exceed ten percent (10%) of the annual tangible net savings. Cash awards and payments for other awards shall be made from an appropriation for a suggestion program or other appropriate account. Additionally, cash awards for suggestions shall be granted as an addition to pay, which does not change an employee's bi-weekly rate. The Employee Suggestion Program shall be administered in accordance with regulations established by the Chief Medical Examiner. The Chief Medical Examiner may establish an authority to evaluate suggestions and determine awards; the decisions of this authority shall be final.

J. An employee who is appointed to a position requiring advanced technical skills or professional qualifications may be paid at a rate up to ten percent (10%) higher than prescribed for the class in this section on recommendation of a manager or supervisor with the prior approval of the Chief Medical Examiner. This shall be granted as an addition to pay, which does not change an employee's bi-weekly rate. Such advancement shall be made solely on the basis that the employee possesses exceptional academic qualifications related to the duties of the position or that the employee is registered or certified by an organization or board recognized by the Chief Medical Examiner to be especially suited, considering the duties of the position, and when such academic qualification, registration, or certification is not deemed a necessary qualification for the class of position.

The Chief Medical Examiner may also establish other bonus, incentive, or reimbursement programs to encourage current employees to attain registration, licensure, certification, or proof of professional mastery when it is deemed to be in the best interest of the Medical Examiner's Office, or when such credentials are clearly recognized as adding to the capability of individuals in that area. Incentives, bonuses, or reimbursements awarded under such programs do not result in an employee being ruled ineligible for bonuses or salary increases permitted under other sections of this chapter.

K. Temporary assignment differential will be paid for certain assignments when a vacancy exists for any reason (e.g., separations, extended vacation, leave of absence, military leave, etc.) in a position with a higher pay grade, and shall be granted for at least one (1) pay period but not more than thirteen (13) pay periods. The Chief Medical Examiner will determine the assignments for which the temporary assignment differential will be paid. The assignment or removal of an employee from said assignment having a temporary assignment differential will be determined by a manager or supervisor and will not constitute a promotion, demotion, advancement, or reduction in pay. The intended employee must meet the minimum qualifications for the position to be assigned. The temporary assignment differential shall be computed as an addition to pay and not affect the employee's regular bi-weekly rate.

For an employee whose pay range is established in subsection (A), with the prior approval of the Chief Medical Examiner, the temporary assignment differential will be ten percent (10%) of the employee's regular base bi-weekly rate added as an addition to pay for each bi-weekly period worked, not to exceed thirteen (13) pay periods.

L. Medical Examiner employees who are required by their manager or supervisor to routinely use their personal vehicle in the performance of their duties shall be compensated with a vehicle maintenance and use allowance in accordance with guidelines approved by the Chief Medical Examiner.
(Ord. No. 68122, 2, 10-10-2008: prior: Ord. 67811 2, 2007: Ord. 67335 2, 2006: Ord. 66401 2, 2004: Ord. 64953 2, 2000: Ord. 64306 2, 1998: Ord. 63779 2, 1996.)

4.54.030 Salary range limitations.

No employee in the Medical Examiner's Office shall be paid at a rate lower than the minimum or higher than the maximum of the salary range established for the class to which his/her position has been allocated, except as otherwise provided in this chapter.
(Ord. No. 68122, 3, 10-10-2008: prior: Ord. 67811 3, 2007: Ord. 67335 3, 2006: Ord. 66401 3, 2004: Ord. 64953 3, 2000: Ord. 64306 3, 1998: Ord. 63779 3, 1996.)

4.54.040 Starting salary.

A. The rate of pay to be paid upon original appointment to the class shall be determined by the Chief Medical Examiner for the position.

B. Except as otherwise provided in this chapter, the minimum rate of pay for a position shall be paid upon original appointment to the class unless the Chief Medical Examiner finds that it is difficult to secure the services of persons with minimum qualifications or experienced qualified persons at the minimum rate. The Chief Medical Examiner may appoint an individual at a step above the range minimum for the reasons stated above.

The Chief Medical Examiner may establish a recruitment rate for a single position or all positions in a class and authorize employment at an amount above the minimum but at a step within the regular range of salary established for the class. When a recruitment rate is established for an entire class, employees in such class may have their salaries adjusted to appropriate rates in the new range resulting from the establishment of the recruitment rate.

In the event that the Chief Medical Examiner finds that it is difficult to secure the services of sufficient numbers of employees for a class or occupational series after a diligent recruitment effort, the Chief Medical Examiner may establish a new maximum rate for the class(es) which will not exceed thirty percent (30%) above the maximum established in this chapter and convert that extension according to existing matrix structure.
(Ord. No. 68122, 4, 10-10-2008: prior: Ord. 67811 4, 2007: Ord. 67335 4, 2006: Ord. 66401 4, 2004: Ord. 64953 4, 2000: Ord. 64306 4, 1998: Ord. 63779 4, 1996.)

4.54.050 Promotion, demotion, reallocation, transfer and temporary promotion.

An employee who is transferred, promoted, demoted, or whose position is reallocated after the effective date of the ordinance codified in this chapter, shall have his/her rate of pay for the new position determined as follows:

A. Promotion. This shall be defined as a change of an employee in the Medical Examiner's Office from a position of one class to a position of another class with a higher pay grade or a higher starting minimum salary.

1. When an employee is promoted to a position in the General or Management Pay Schedule, the employee's current salary shall be increased by five percent (5%) higher than the rate received immediately prior to promotion but not less than the adjusted current rate. A manager or supervisor, with the prior approval of the Chief Medical Examiner, may pay an employee up to twenty percent (20%) when such action is needed to attract experienced, qualified candidates for a position. The Chief Medical Examiner shall determine the appropriate pay in such instances. Such salary determinations shall take into consideration the nature and magnitude of the accretion of duties and responsibilities resulting from the promotion. However, no employee shall be paid less than the minimum rate nor more than the maximum rate for the new class of position, except as otherwise provided in this chapter.

2. Temporary Promotion: Promotions of Medical Examiner employees whose salary ranges are established in Section 4.54.020(A), regardless of status, made for a limited duration, shall result in a salary adjustment as in subsection (A)(1) of this section. Upon expiration of the temporary promotion, the employee shall be returned to his/her former step, adjusted by any increases the employee may have received in the absence of the temporary promotion. In no case shall the employee's salary be above the maximum of the salary range, unless otherwise provide for in this chapter.

B. Demotion. This shall be defined as a change of an employee in the Medical Examiner's Office from a position of one class to a position of another class which has a lower pay grade and a lower starting minimum salary.

1. If an employee is demoted for disciplinary reasons in accordance with the Rules of the Medical Examiner's Office and established disciplinary procedures, his/her rate of pay shall be established at a step within the range for the new position to be determined by the Chief Medical Examiner.

2. If an employee accepts a voluntary demotion, his/her current rate of pay shall first be reduced by five percent (5%) and then set to a step within the lower pay range that may be equal to but not greater than the adjusted rate. Employees who are in a working test period and demote to their previous class of position or pay grade, will return to the rate received immediately prior to the promotion, plus any adjustments as otherwise provided in this chapter. No employee shall be paid less than the minimum nor more than the maximum rate for the new class of position, except as otherwise provided in this chapter.

3. When an employee is demoted for reasons in the best interest of the Medical Examiner's Office as determined by the Chief Medical Examiner, his/her salary shall not be reduced by reason of the new salary range and grade. If the salary of such employee is above the maximum for the new position the employee's salary shall not be increased so long as he/she remains in the position, except as otherwise provided by this chapter.

C. Reallocation.

1. If the employee's position is reallocated to a class in a lower pay grade and the employee's rate of pay for the previous position is within the salary range of the new position, his/her salary shall remain unchanged.

2. The salary of an employee whose position is allocated to a class in a higher pay grade shall be determined in accordance with the provisions of subsection (A)(1) of this section relating to salary advancement on promotion.

D. Transfer. The salary rate of an employee who transfers to a different position in the same class, or from a position in one class to a position in another class in the same pay grade, shall remain unchanged, provided that no employee shall be paid less than the minimum rate nor more than the maximum rate for the new class of position, except as otherwise provided in this chapter.

E. Over Maximum. The salary of an employee, which is in excess of the maximum of the range prescribed by this chapter for the class and grade to which his/her position has been allocated or may be reallocated, shall not be reduced by reason of the new salary range and grade. The salary of such employee shall not be increased so long as he/she remains in the class of position, except as otherwise provided by this chapter.
(Ord. No. 68122, 5, 10-10-2008: prior: Ord. 67811 5, 2007: Ord. 67335 5, 2006: Ord. 66401 5, 2004: Ord. 64953 5, 2000: Ord. 64306 5, 1998: Ord. 63779 5, 1996.)

4.54.060 Salary adjustment.

Salary adjustments for all employees in competitive positions shall be based on considerations of merit or success in fulfilling predetermined goals and objectives as herein provided.

A. Full time positions for which salary is established in Section 4.54.020(A) - General and Management Schedule:

1. Any employee whose salary is established in the General and Management Pay Schedule shall receive a service rating in accordance with the City's Service Rating Manual. The service rating, together with the standards of performance established in the City's Service Rating Manual, shall determine eligibility for an increase.

2. A non-exempt (Overtime Code 3 or 4) employee whose pay is established in Section 4.54.020(A) who receives an overall rating of "Unsuccessful" as defined by the City's Service Rating Manual, shall have his/her salary reduced as determined by the standards established in the City's Service Rating Manual, but not less than the minimum of the pay grade range.

B. As used in this chapter, "anniversary date" means the date following fifty-two (52) weeks of continuous service from the date of original appointment or from the date of the last salary adjustment, if other than a temporary reduction in pay for disciplinary reasons, a demotion or an across-the-board ordinance increase, an increase resulting from an authorized incentive program, or an upgrade of the classification concurrent with adoption of the chapter. Absence from service as a result of any authorized paid leave, suspensions, military leave, or family/medical leave will not interrupt continuous service. Absence from service for any other cause shall result in breaking continuity of service and establishment of a new anniversary date, except as otherwise provided in this chapter. The Chief Medical Examiner may authorize different anniversary dates for an employee or groups of employees.

C. A manager or supervisor may evaluate the performance of an employee whose salary is established in Section 4.54.020(A) for the purpose of a salary adjustment only at intervals as described above except in the case of:

1. Exceptional Performance of Duties. The manager or supervisor of an employee who demonstrates exceptional performance of duties in accordance with the City's Service Rating Manual, with the prior approval of the Chief Medical Examiner, may advance the employee by not more than ten percent (10%) after twenty-six (26) weeks of employment at the same rate in the salary range, providing the manager or supervisor submits to the Chief Medical Examiner the full details and reasons for the advancement in salary, which may be in addition to any merit increase received.

2. Substandard Performance of Duties. The manager or supervisor of an employee whose level of performance is significantly diminished and no longer warrants payment at the current step of the range may have his/her salary reduced, in accordance with the City's Service Rating Manual provided the employee is above the minimum of the range, is not allocated to Overtime Code 1 or Overtime Code 2, and is not under Section 4.54.020(C).

The granting of any such increase or decrease in salary shall be made at the beginning of a payroll period, as determined by the Chief Medical Examiner, following approval of such salary action.

D. Excepted Positions. The pay of an employee in an excepted position shall be adjusted to any step within the pay range at the discretion of a manager or supervisor for the excepted position.

E. The Chief Medical Examiner may approve, at the request of a manager or supervisor, adjustments to correct or mitigate serious and demonstrable internal pay inequities. Salary adjustments under this provision shall preclude adjustments to compensate or reward employees for long-term or meritorious service.

F. The pay of any employee may be decreased as a disciplinary action by a manager or supervisor to a lower step within a salary range. Any such decrease shall be made in accordance with the Medical Examiner's Service Rules and established disciplinary procedures. The decrease shall not be greater than fifteen percent (15%) of the current salary rate. In no case shall the decrease be below the minimum of the pay range for the class. The Chief Medical Examiner may determine that the pay decrease shall be effective for a specific number of bi-weekly pay periods provided, however, that such decrease shall not be effective for more than thirteen (13) bi-weekly pay periods.

G. An employee who is temporarily promoted shall be eligible for within range salary adjustments under provisions of this section.

H. The Chief Medical Examiner may approve a within range salary adjustment or other incentives to retain employees in positions that are difficult to fill, or because of their unique requirements. Said adjustment may only be granted once during a twenty-six (26) week period.
(Ord. No. 68122, 6, 10-10-2008: prior: Ord. 67811 6, 2007: Ord. 67335 6, 2006: Ord. 66401 6, 2004: Ord. 64953 6, 2000: Ord. 64306 6, 1998: Ord. 63779 6, 1996.)

4.54.070 Income sources.

Any salary paid to an employee in the Medical Examiner's Office shall represent the total remuneration for the employee, excepting reimbursements for official travel and other payments specifically authorized by ordinance. No employee shall receive remuneration from the City in addition to the salary authorized in this chapter for services rendered by the employee in the discharge of the employee's ordinary duties, of additional duties which may be imposed upon the employee, or of duties which the employee may undertake or volunteer to perform.

Whenever an employee not on an approved paid leave works for a period less than the regularly established number of hours a day, days a week or days bi-weekly, the amount paid shall be proportionate to the hours in the employee's normal work week and the bi-weekly rate for the employee's position. The payment of a separate salary for actual hours worked from two or more departments, divisions or other units of the City for duties performed for each of such agencies is permissible if the total salary received from these agencies is not in excess of the maximum rate of pay for the class.
(Ord. No. 68122, 7, 10-10-2008: prior: Ord. 67811 7, 2007: Ord. 67335 7, 2006: Ord. 66401 7, 2004: Ord. 64953 7, 2000: Ord. 64306 7, 1998: Ord. 63779 7, 1996.)

4.54.080 Conversion.

A. All pay schedules in Ordinance 67811 shall continue in effect until the beginning of the bi-weekly pay period starting concurrently with or after the effective date of the ordinance codified in this chapter, and then the rates to be paid to employee in positions of any classes for which a rate is established or changed in Section 4.54.020(A) shall become effective and be adjusted as follows:

1. The salary of each employee whose pay range is established in Section 2(a) of Ordinance 67811 shall have their current salary increased by a factor of three and one-half percent (3.5%), rounded to the nearest whole dollar or the minimum of the salary range, whichever is greater and then placed into the appropriate step established in this chapter as determined by the Chief Medical Examiner.

2. The salary of each employee whose pay range is established in Section 2(a) of Ordinance 67811 whose class has been allocated to a higher pay grade in the appropriate pay schedule as determined by the Chief Medical Examiner shall have their current salary increased by a factor of three and one-half percent (3.5%), rounded to the nearest whole dollar, which provides a three and one-half percent (3.5%) increase or to the minimum of the pay range, whichever is greater.

B. No employee shall be reduced in salary by reason of the adoption of the new pay schedules in this chapter.

C. The salary of an employee serving in a trainee position, which remains above the new trainee rate for his/her position, shall remain unchanged.

D. The Chief Medical Examiner may establish a special conversion procedure for a class or position in the event that the Chief determines that a serious inequity would be created by the application of the conversion procedures established in this section.

E. The Chief Medical Examiner shall establish such procedures as needed to place this chapter into effect and interpret its provisions.
(Ord. No. 68122, 8, 10-10-2008: prior: Ord. 67811 8, 2007: Ord. 67335 8, 2006: Ord. 66401 8, 2004: Ord. 64953 8, 2000: Ord. 64306 8, 1998: Ord. 63779 8, 1996.)

4.54.090 Payment of salaries.

All compensation for positions in the Medical Examiner's Office shall be paid bi-weekly. The Chief Medical Examiner and Comptroller shall establish the procedure for listing employees on the various payrolls. The payment due each employee for service, except as otherwise provided, shall be made not later than sixteen (16) days after the end of the bi-weekly pay period. In the event that an employee is dismissed or has been employed for occasional or emergency work, the Comptroller may immediately pay the employee upon termination of service without waiting for the regular bi-weekly pay date of the department, division, section, or office where the employee worked.
(Ord. No. 68122, 9, 10-10-2008: prior: Ord. 67811 9, 2007: Ord. 67335 9, 2006: Ord. 66401 9, 2004: Ord. 64953 9, 2000: Ord. 64306 9, 1998: Ord. 63779 9, 1996.)

4.54.100 Changes to classification plan.

Whenever the Chief Medical Examiner finds it necessary to add a new class to the classification plan, the Chief Medical Examiner shall allocate the class to an appropriate grade and schedule in this chapter, and notify the Board of Aldermen of this action.

Whenever the Chief Medical Examiner finds it necessary to change the pay schedule of an existing class within the classification plan, the Chief Medical Examiner shall allocate the class to the appropriate schedule in this chapter, and notify the Board of Aldermen of this action.

The pay grade allocated to a class of position within the classification plan shall remain unchanged for the duration of the existing compensation ordinance. Whenever the Chief Medical Examiner considers it necessary to change the pay grade of an established class of position, such adjustment can only be made concurrent with the adoption of a new compensation ordinance. Recommendation for the allocation of a new pay grade shall be made by the Chief Medical Examiner for final approval by the Board of Aldermen.
(Ord. No. 68122, 10, 10-10-2008: prior: Ord. 67811 10, 2007: Ord. 67335 10, 2006: Ord. 66401 10, 2004: Ord. 64953 10, 2000: Ord. 64306 10, 1998: Ord. 63779 10, 1996.)

4.54.105 Payroll forms.

The Chief Medical Examiner shall prescribe forms on which appointing authorities shall certify to the fact that a vacancy exists in a lawfully created position and to the lawful appointment of a person to fill the position. The Chief Medical Examiner shall indicate on these forms the proper allocation of the position and the rate at which payment is to be made. When approved by the Chief Medical Examiner and submitted to the Comptroller, these forms shall constitute authorization for the initial placing of a person's name on the payroll. The Comptroller shall not authorize any change in the rate of pay of an individual on the payroll unless approved by the Chief Medical Examiner. The Comptroller shall provide the Department of Personnel with a copy of each payroll audited and found correct within twenty-one (21) days after audit and approval of the payroll by the Comptroller's Office.
(Ord. No. 68122, 11, 10-10-2008: prior: Ord. 67811 11, 2007: Ord. 67335 11, 2006: Ord. 66401 11, 2004: Ord. 64953 11, 2000.)

4.54.110 Certification of payroll.

The Chief Medical Examiner shall certify on each payroll or a subsidiary document that each person whose name appears on the payroll has been lawfully appointed at a salary provided by this chapter and that the employee has actually worked the time for which he/she will be paid, subject to the provisions of this chapter governing hours of work and leaves of absence in the Medical Examiner's Office.
(Ord. No. 68122, 12, 10-10-2008: prior: Ord. 67811 12, 2007: Ord. 67335 12, 2006: Ord. 66401 12, 2004: Ord. 64953 12, 2000: Ord. 64306 11, 1998: Ord. 63779 11, 1996.)

4.54.120 Overtime.

A. The Chief Medical Examiner shall determine those positions in the Medical Examiner's Office of the City of St. Louis which are exempt from overtime compensation and those positions which are not exempt from overtime compensation. The overtime codes established for each class in Section 4.54.010(A) shall be interpreted as follows:

Overtime Code

1

These classes are primarily managerial in nature, but may also include some professional or administrative classes that are ineligible for overtime pay under all but emergency conditions as described in Section 4.54.150(D).

2

These are supervisory, professional, and administrative classes that are exempt from overtime compensation, but which the City compensates for overtime at the straight (1.0) time rate.

3

These are non-exempt classes that receive overtime compensation at the one and one-half (1.5) time rate.

4

These non-exempt classes work an average bi-weekly work schedule of 84 hours and, therefore, which receive overtime compensation at the one and one-half (1.5) time rate.

Any employee in a class which has been allocated to Overtime Code 3 (non-exempt) in this chapter shall be compensated for overtime work in accordance with the provisions of this section. Each manager or supervisor shall designate and submit to the Chief Medical Examiner the official work week and schedule or work cycle for all non-exempt positions in the work unit. The average number of scheduled hours in a bi-weekly pay period shall not be less than eighty (80) for full-time employment. Whenever an Overtime Code 3 employee works hours in excess of the maximum established for an official work week or work cycle, usually forty (40) hours in a work week, such hours shall be paid at the one-and-one-half time (1.5) rate. In addition to the actual hours worked, authorized paid time off (vacation, sick leave, compensatory time, and holidays) shall count as hours worked for the purpose of determining eligibility for overtime compensation.

Section Supervisors and Managers are prohibited from changing employee work schedules to avoid the payment of overtime.

For purposes of determining overtime pay rates for non-exempt employees, the regular hourly rate of pay shall be used.

B. Any employee in a class which has been allocated to Overtime Code 2 in Section 4.54.010(A) shall be compensated for overtime by granting the employee pay or compensatory time off at the straight (1.0) time rate. Each manager or supervisor shall designate and submit to the Chief Medical Examiner the official work week or work cycle, which is usually forty (40) hours, for all exempt (Code 2) positions in the work unit. Whenever a full-time employee in an exempt (Code 2) position is directed by management, with the approval of the manager or supervisor, to work hours in excess of the maximum established for an official work week or work cycle it shall be considered overtime. In addition to the actual hours worked, authorized paid time off (vacation, sick leave, compensatory time, and holidays) shall count as hours worked for the purpose of determining eligibility for overtime compensation. Straight time (1.0) overtime shall be compensated at the employee's regular hourly rate of pay, or by granting the eligible employee compensatory time off at the rate of one hour for each hour of overtime worked. The average number of scheduled hours in a bi-weekly pay period shall not be less than eighty (80) for full-time employment. The regular hourly rate of pay for an exempt (Code 2) bi-weekly paid employee shall be determined by dividing the employee's regular bi-weekly rate of pay by the average number of regularly scheduled hours of work in a bi-weekly pay period.

C. Part-time bi-weekly paid employees and employees paid on an hourly or per performance basis shall be compensated for overtime work in accordance with the overtime provisions of this section and with consideration for community practices in compensating similar employment.

D. A manager or supervisor may compensate Overtime Code 1 employees at the straight-time (1.0) rate, when both of the following conditions exist: (1) the Mayor of the City of St. Louis declares an emergency due to serious and protracted conditions which threaten continuous Medical Examiner's Office, preservation of public peace, health, or safety, and (2) the manager or supervisor directs an employee or group of employees to work in excess of forty (40) hours per week. The manager or supervisor shall maintain attendance records of the assignment(s) and submit such records at the request of the Chief Medical Examiner.

E. Pay shall be the regular method of compensation for recorded overtime hours of work for employees in classes with Overtime Code 3. A manager or supervisor may compensate a non-exempt bi-weekly paid employee for overtime work by granting the employee compensatory time off in lieu of pay only if the employee requests compensatory time.

Employees engaged in public safety, emergency response or seasonal activity may have a maximum balance of two hundred forty (240) hours of compensatory time; all other employees are allowed a maximum balance of one hundred twenty (120) hours of compensatory time. These maximum balances of compensatory time shall apply to employees working an average work week of forty (40) hours; the maximum balance of compensatory time for employees whose average work week is more or less than forty (40) hours shall be proportionate. No provision of this section establishing a maximum balance of compensatory time shall serve to cancel any compensatory time due to an employee or to deny an employee payment for recorded compensatory time earned in accordance with the provisions of the compensation ordinance in effect at the time the compensatory time was earned.

Each manager or supervisor shall establish procedures to assure that non-exempt employees are promptly granted time off when such employees request to use their earned compensatory time. Appointing authorities may not deny non-exempt employees' requests for earned compensatory time off except when such approval would create an extreme business hardship. When a manager or supervisor determines that the work schedule of the organization will not permit the granting of such time off, the manager or supervisor shall pay the employee in that same pay period for all or a portion equivalent to the time requested of the employee's accrued compensatory time. This provision requiring the prompt granting of requested time off applies only to compensatory time that is earned as a result of the employee working overtime; it does not apply to compensatory time earned as a result of an incentive program or bonus award program.

Compensatory time earned by exempt employees shall be granted to an employee at the discretion of the manager or supervisor in one of the following ways: (1) on request of the employee; (2) on termination of services with the City.

F. Before an employee is transferred, promoted or demoted from a position under one manager or supervisor to a position under another manager or supervisor or to another unit with a different appropriation, all compensatory time shall be granted or paid. Upon the death of an employee, the person or persons entitled by law to receive any compensation due to the employee shall be paid any amount due to the employee on the date of death.

G. All departments shall keep daily attendance records of classified employees and shall submit periodic reports of: (1) unexcused absences and leaves; (2) reports of overtime earned, granted, and paid; or (3) the nonoccurrence of same to the Chief Medical Examiner in the form and on the dates specified.
(Ord. No. 68122, 13, 10-10-2008: prior: Ord. 67811 13, 2007: Ord. 67335 13, 2006: Ord. 66401 13, 2004: Ord. 64953 13, 2000: Ord. 64306 12, 1998: Ord. 63779 12, 1996.)

4.54.130 Holidays.

A. Medical Examiner employees working full-time who are paid a bi-weekly rate shall be entitled to leave with pay, pay, or compensatory time off in lieu of pay or paid leave for regularly scheduled work on the following days:

Date

Holiday

January 1

New Years Day

Third Monday in January

Rev. Martin Luther King Jr. Day

Third Monday in February

Presidents' Day

Last Monday in May

Memorial Day

July 4

Independence Day

First Monday in September

Labor Day

November 11

Veterans' Day

Fourth Thursday in November

Thanksgiving Day

Day after Thanksgiving

Day after Thanksgiving

December 25

Christmas Day

In addition to the above enumerated holidays, full-time Medical Examiner employees shall be entitled to leave with pay, pay, or compensatory time off in lieu of pay as established by this section on any day or partial day the Mayor declares by proclamation the closing of City offices.

Employees working full-time and paid a bi-weekly rate whose pay is established in Section 4.54.020(A) shall receive leave with pay, pay or compensatory time off in lieu of pay as holiday compensation in an amount that is proportionate to the number of hours the employee is regularly scheduled to work in a day or shift. For example: Employees working an average of forty (40) hours a week, five (5) days a week, eight (8) hours a day shall receive eight (8) hours of compensation for the holiday; employees working an average of forty (40) hours a week, four (4) days a week, ten (10) hours a day shall receive ten (10) hours of compensation for the holiday.

When the day of observance of a holiday is changed by state or federal law, it will be so observed by the City of St. Louis. When the day of observance of a holiday is changed by state or federal executive action, the Mayor shall determine the day of observance by the City of St. Louis. When one of the above enumerated holidays occurs on Sunday, the following Monday shall be observed as the holiday. When one of the above holidays occurs on Saturday, the preceding Friday shall be observed as the holiday.

B. Each manager or supervisor shall determine the manner of granting holidays and shall report his/her determination to the Chief Medical Examiner, if required by the Chief Medical Examiner. When full-time employees are required to work on a holiday they shall be entitled to compensation for the holiday and the hours actually worked. Compensation for the holiday shall be in an amount proportionate to the number of hours an employee is regularly scheduled to work in a day or shift.

Except as otherwise provided in this section, when a City holiday falls on an employee's regularly scheduled day off, the employee shall be entitled to have compensatory time added to his/her balance in an amount proportionate to the number of hours regularly scheduled in a day or shift.

If an employee is docked from the payroll for one hour or more on the full scheduled workday preceding a holiday, the full scheduled work day following a holiday, or on a scheduled holiday, the employee shall not be compensated for the holiday.

The holiday compensation procedures established by this section shall apply to full-time Medical Examiner employees paid a bi-weekly rate. Part-time bi-weekly paid employees shall be compensated for holidays in proportion to the percentage of time they are regularly scheduled to work. Employees paid on an hourly or per performance basis shall not be entitled to holiday compensation, except as otherwise provided in this chapter.

In the event that the holiday schedule established in this section is revised by competent authority, employees who are granted compensatory time in lieu of all holidays shall have their leave benefits adjusted accordingly. The Chief Medical Examiner may establish additional or alternate holiday leave policies for employees occupying public safety positions which qualify for the special overtime pay provisions under federal law or for employees with official work schedules authorized by the Chief Medical Examiner which exceed the normal forty (40) hour weekly work schedule. Procedures developed in compliance with this section shall be designed to treat employees in the same manner who work substantially equivalent work schedules.

C. Full-time Medical Examiner employees paid on a bi-weekly rate basis who are regularly scheduled to work bi-weekly and who are employed on June 23, 2008, shall have eight (8) hours of compensatory time "Personal Leave" added to their balance on that date. The additional compensatory added to the balance of each employee shall be treated as a "Personal Leave" and shall be granted by the Chief Medical Examiner in accordance with procedures for granting compensatory time. These hours of compensatory time must be taken between June 23, 2008 and June 20, 2009, and shall be taken as paid-leave off and may be not be granted as pay.
(Ord. No. 68122, 14, 10-10-2008: prior: Ord. 67811 14, 2007: Ord. 67335 14, 2006: Ord. 66401 14, 2004: Ord. 64953 14, 2000: Ord. 64306 13, 1998: Ord. 63779 13, 1996.)

4.54.140 Vacation.

Vacation leave with pay shall be granted to employees paid a bi-weekly rate in permanent competitive positions working fifty percent (50%) time or more. The Chief Medical Examiner may establish additional guidelines and policies to govern the administration of vacation leave benefits in the Medical Examiner's Office.

A. Vacation shall be granted to employees with appointment date before April 23, 1989, as follows:

Pay Established in Section 4.54.020(A)

Length of Cumulative Service

Bi-Weekly Accrual Rates

Annual Equivalent

1 but less than 5 years

5

130

5 but less than 10 years

6

156

10 but less than 15 years

7

182

15 but less than 20 years

8

208

20 but less than 25 years

9

234

Employees whose pay is established in Section 4.54.020(A) completing five (5) years of cumulative service, ten (10) years of cumulative service, fifteen (15) years of cumulative service, twenty (20) years or twenty-five (25) years of cumulative service shall have forty (40) hours of vacation added to their accrual. Thereafter, while employed those employees whose pay is established in Section 4.54.020(A) shall accrue vacation at the rated established by Section 4.54.170(A).

B. Vacation shall be granted to employees with appointment date on or after April 23, 1989, as follows:

Pay Established in Section 4.54.020(A)

Length of Cumulative Service

Bi-Weekly Accrual Rates

Annual Equivalent

1 but less than 5 years

3

78

5 but less than 10 years

5

130

10 but less than 15 years

6

156

15 but less than 20 years

7

182

20 but less than 25 years

8

208

Employees whose pay is established in Section 4.54.020(A) completing five (5) years of cumulative service, ten (10) years of cumulative service, fifteen (15) years of cumulative service, twenty (20) years of cumulative service, or twenty-five (25) years of cumulative service shall have forty (40) hours of vacation added to their accrual. Thereafter, while employed those employees whose pay is established in Sections 4.54.020(A) shall accrue vacation at the rated established by Section 4.54.160(B).

C. All references in this chapter to accrual rates, additions to, and accrual maximums for vacation are for employees working a scheduled work week of forty (40) hours. Vacation rates, additions and maximums shall be computed on a proportionate basis for employees whose average work week is more or less than forty (40) hours. When an eligible employee's scheduled work week is changed, the employee's rate of accrual shall be changed proportionately. All references in this chapter to cumulative service for vacation shall mean cumulative service without a break in service of more than one year, except as provided otherwise in this chapter. No employee who works less than fifty percent (50%) time or who is serving in a limited-term position shall be eligible to accrue vacation.

D. The maximum vacation balance for those working an average work week of forty (40) hours shall be six hundred (600) hours. Vacation accrual maximums for those working more or less than forty (40) hours per week, but at least fifty percent (50%) time, shall be established in accordance with Section 4.54.160(C).

When an employee's full-time average work week is changed, the maximum vacation balance shall be changed proportionately. In addition, the employee shall have his/her current vacation balance adjusted so that the vacation shall maintain the same position relative to the new maximum balance as existed with the employee's previous maximum balance. Accrual of vacation shall cease when an employee accumulates the maximum vacation balance established for the assigned work schedule and shall not resume until the vacation balance is less than the maximum amount.

E. Accrual of vacation shall begin with the first bi-weekly pay period:

1. Of appointment;

2. Of return to duty from leave of absence;

3. Of restoration to employment of one-half (50%) time or more.

Vacation leave shall be granted in whole hour units. On termination of service, any fractional hour shall be made whole. The accrual of vacation leave shall cease at the beginning of terminal leave.

F. Appointing authorities shall be responsible for establishing all vacation leave schedules, but may not discipline employees by imposing unusual vacation schedules. Vacation shall be granted to the employee at the discretion of the manager or supervisor as provided by this chapter in one of the following ways:

1. When the employee requests vacation leave in accordance with departmental policies.

2. When directed to take paid time off by the manager or supervisor.

3. When an employee is terminated or resigns from the Medical Examiner's Office.

4. When an employee whose salary is established in Section 4.54.020(A) reaches the established maximum accrual and would cease accruing vacation, the employee may notify the manager or supervisor in writing of his/her intention to schedule vacation. Such notice shall be at least seven (7) days prior to the first work day the employee intends to take off. If the manager or supervisor fails to establish a different vacation schedule, the employee may, at will and without assuming liability for disciplinary action, take the paid leave, which was proposed in writing.

5. All employees may request payment from the manager or supervisor for forty (40) hours of vacation accrual in lieu of scheduling paid leave provided that the full vacation allowance for that year is not exceeded. This may be done a maximum of once in each calendar year. Management employees may request payment from the manager or supervisor for up to an additional forty (40) hours of their vacation accrual balances in lieu of scheduling paid leave if their schedules do not permit them to be absent from work

G. During the first twelve (12) months of employment, accrued vacation may be granted to an employee provided that the employee has completed six (6) months of continuous service.

When the service of an employee is terminated after twelve (12) months of continuous service, any accumulated vacation that is due the employee shall be paid. When employment is terminated before completing twelve (12) months of continuous service, any previously advanced vacation leave shall be deducted from the employee's final pay.

H. Employees who separate from the Medical Examiner's Office, who are certified from a reemployment list, and who return to the Medical Examiner's Office within twenty-four (24) months of the separation, will be given credit for prior continuous service in determining the vacation accrual rate in accordance with Section 4.54.160(A) or (B) and based on the date of the employee's original appointment.

I. Employees who move to the Medical Examiner's Office from the Classified Service shall be given credit for the years of service in the Classified Service in determining the vacation accrual rate in accordance with Section 4.54.160(A) or (B) and based on the date of the employee's original appointment.

J. Employees who return to work from a "reemployment from layoff" eligible list shall be eligible to use vacation as soon as it is accrued provided the employee has completed six (6) months of continuous service prior to the layoff and with approval of the manager or supervisor. An employee who has completed less than six (6) months of continuous service will be required to complete the remaining portion of the six (6) months period before being eligible to use vacation.

Any such reemployed worker shall be given credit for prior continuous service in determining the employee's vacation accrual rate in accordance with the schedule established in Section 4.54.160(A) or (B) and based on the employee's original appointment.

K. Appointing authorities shall be responsible for the management of their vacation schedules so as to most effectively administer their organizations and fulfill the desire of employees in the establishment of leave schedules.

L. Accrued vacation shall be carried with an employee when transferred, promoted, or demoted from a position under one manager or supervisor to a position under another manager or supervisor without a break in service or change in method of pay. Upon the death of an employee, the person or persons entitled by law to receive any compensation due the employee shall be paid the amount due the employee for accrued vacation.

M. With the approval of the manager or supervisor, a retiring employee may be paid on the payroll for accrued vacation in the month prior to retirement without inclusion in the employee's final average compensation. A manager or supervisor may pay previously accrued vacation off in a lump sum to an employee whose service with the City has terminated. Such payment shall be made on the employee's last regular paycheck. The lump sum payment shall include compensation for any holidays occurring during the employee's terminal vacation leave period.

N. Employees occupying excepted positions in the Medical Examiner's Office shall be granted vacation at the discretion of their manager or supervisor. An employee whose term in an excepted position ends and who is then appointed to a permanent competitive position working fifty percent (50%) time or more shall become eligible to accrue vacation leave with pay upon appointment to the competitive position. Length of cumulative service for the purpose of determining rate of vacation leave accrual shall be based on the employee's original date of appointment to the excepted position, providing there was no break in service between expiration of the excepted position and appointment to the permanent competitive position. The date of appointment to the permanent competitive position shall be used to determine the appropriate rate of vacation accrual for the corresponding length of cumulative service in accordance with the schedule established in Section 4.54.160(B).

O. Appointing authorities shall report leave with pay for vacation and such other authorized absences as the Chief Medical Examiner shall designate to the Comptroller in such form and at such time as the Chief Medical Examiner may require.
(Ord. No. 68122, 15, 10-10-2008: prior: Ord. 67811 15, 2007: Ord. 67335 15, 2006: Ord. 66401 15, 2004: Ord. 64953 15, 2000: Ord. 64306 14, 1998: Ord. 63779 14, 1996.)

4.54.150 Sick leave.

A. Sick leave with pay shall be granted to bi-weekly rate employees in permanent competitive positions working fifty percent (50%) time or more in accordance with regulations and procedures established by the Chief Medical Examiner.

1. All employees shall accrue three (3) hours of sick leave for each bi-weekly pay period of employment. This accrual rate is established for employees working an average work week of forty (40) hours. Sick leave shall be computed on a proportionate basis for employees whose average work week is more or less than forty (40) hours. An eligible employee may be granted paid sick leave by his/her manager or supervisor after completing twenty-six (26) weeks of continuous service.

2. Paid sick leave for maternity reasons shall be considered as temporary physical disability and will be granted only for the period during which the employee is physically unable to perform her job. Rules concerning maternity leave and other qualifying conditions shall be in accordance with regulations and procedures established by the Chief Medical Examiner.

3. An active employee who is a member of the Employees Retirement System and who applies for retirement and immediately retires from active service, shall receive payment for his/her sick leave balance less any sick leave credited or paid to a member or used in the calculation of retirement benefits under this or any other ordinance(s). If the employee's retirement system provides for sick leave to be credited or paid to a member or used in the calculation of retirement benefits, this payment shall be limited to a maximum of fifty percent (50%) of the value of the employee's sick leave balance.

If a member of the Employees Retirement System who had been otherwise eligible for Normal or Early Service Retirement, dies, his/her estate may receive payment based on the calculation above. Payment shall be made in accordance with the procedures established by the Chief Medical Examiner.

B. The Chief Medical Examiner may establish a system of cash awards, paid time off or other incentives to reward employees for perfect attendance or low sick leave usage.

C. When an employee is docked from the payroll under the provisions of this section, the amount deducted from his/her regular bi-weekly rate of pay shall be one times (1.0) the regular hourly rate as defined in this chapter for each hour of unexcused absence. If an employee is docked from the payroll for one (1) hour or less in a bi-weekly pay period, he/she will continue to accrue sick leave.

If management decides to send their employees or a group of employees' home due to inclement weather, they will not lose their sick leave accrual for that pay period.

D. All leave with or without pay for sickness, injury or physical inability to perform assigned duties (including maternity leave) shall be recorded on the payroll or a subsidiary document in the manner established by the Chief Medical Examiner. Compensation for periods of absence from work when an employee sustains an injury by accident on the job shall be governed by the provisions of Section 4.54.240 (Workers' Compensation and Disability Leave).

E. An employee who is reemployed from an authorized layoff shall have his/her prior sick leave balance restored, provided this balance has not been credited to the employee's length of service in determining pension benefits paid to the retiree. An employee who is reemployed from an authorized layoff and who has a positive sick leave balance and who completed twenty-six (26) weeks of continuous employment prior to the layoff may take approved sick leave upon reemployment.

F. Each manager or supervisor shall institute procedures, in accordance with regulations established by the Chief Medical Examiner that will discourage the improper use of sick leave with pay. When an employee is removed from the payroll for absence not approved by the manager or supervisor, the employee shall be notified promptly in writing.

G. The Chief Medical Examiner may establish or authorize the creation of "Sick Leave Bank" programs, and may issue and/or approve such regulations and guidelines as are necessary for implementation.
(Ord. No. 68122, 16, 10-10-2008: prior: Ord. 67811 16, 2007: Ord. 67335 16, 2006: Ord. 66401 16, 2004: Ord. 64953 16, 2000: Ord. 64306 15, 1998: Ord. 63779 15, 1996.)

4.54.160 Military leave.

The City of St. Louis will follow all applicable state and federal laws on the granting of military leave and reemployment rights.

Before military leave without pay is authorized, the employee shall present to the employee's manager or supervisor evidence of such military service.

Upon the expiration of military leave of absence, the employee shall be reinstated to the class of position he/she occupied at the time the leave was granted without breaking continuity of service. Failure of an employee to report for duty within the time pursuant to state or federal law shall be just cause for dismissal. The employee's accumulated leave balance(s) shall be restored to the employee upon his/her return.
(Ord. No. 68122, 17, 10-10-2008: prior: Ord. 67811 17, 2007: Ord. 67335 17, 2006: Ord. 66401 17, 2004: Ord. 64953 17, 2000: Ord. 64306 16, 1998: Ord. 63779 16, 1996.)

4.54.170 Education reimbursement.

The Chief Medical Examiner, with the prior approval of the Director of Personnel authorize salary payments, payments of tuition expenses, fees, books and related material in whole or in part to employees to permit them to attend school, visit other governmental agencies or in any approved manner to devote themselves to improvement of knowledge or skills required in the performance of the duties of their position.

The Department of Personnel may reimburse, in whole or in part, expenses incurred by employees in the pursuit of improvement of the knowledge and skills required in the performance of their positions or in higher positions, when funds have been budgeted therefore.

The Chief Medical Examiner, with the approval of the Director of Personnel, may establish a program to reimburse, in whole or in part, expenses incurred by employees in the pursuit of improvement of the knowledge and skills required in the performance of the duties of their positions or to improve their professional, technical or managerial knowledge or skill.
(Ord. No. 68122, 18, 10-10-2008: prior: Ord. 67811 18, 2007: Ord. 67335 18, 2006: Ord. 66401 18, 2004: Ord. 64953 18, 2000: Ord. 64306 17, 1998: Ord. 63779 17, 1996.)

4.54.180 Leaves of absence and family/medical leave.

An employee may request a leave of absence, or an manager or supervisor may request a leave of absence for an employee, for any reason under the City's general leave policy, or a "Family/Medical Leave of Absence" for certain qualifying reasons under provisions of "The Family and Medical Leave Act of 1993" as provided in this chapter and under additional provisions and regulations as determined by the Chief Medical Examiner.

A. A manager or supervisor, with the approval of the Chief Medical Examiner, may grant an employee in a full time position a general leave of absence without pay for a period of one year, which may be extended, with the prior approval of the Chief Medical Examiner.

Upon the expiration of such leave of absence, the employee shall be reinstated to the full time position he/she occupied at the time the leave was granted provided he/she is able to perform the duties of the position. The employee shall be reinstated to the full time position at the same relative rate in the salary range the employee occupied at the time the leave was initiated. Failure of an employee to report for duty promptly at the expiration of the leave shall be just cause for dismissal. If necessary to the efficient conduct of the business of the City, an employee on leave other than military leave or qualifying family/medical leave may be notified by the manager or supervisor, with the approval of the Chief Medical Examiner, to return prior to the expiration of such leave. Failure of the employee to return within ten (10) days after receipt of such notice shall terminate his/her leave of absence and be just cause for dismissal, subject to any applicable federal, state or local regulations.

B. The City of St. Louis will follow all applicable state and federal laws on the granting of family/medical leave.

The Chief Medical Examiner shall establish additional rules, guidelines and procedures for the effective administration of the City's "Family/Medical Leave Policy." The policy shall comply with all provisions of the "Family/Medical Leave Act of 1993" and any amendments thereafter.

C. Any employee in a competitive position who is appointed to an excepted position in the Medical Examiner's Office shall be granted an in-service leave without pay from the excepted position during the term to which he/she is appointed to the excepted position. Such leave shall be for the term of the appointment to the excepted position and until his/her successor qualifies. Upon the expiration of the appointment to the excepted position, the employee shall be reinstated to the competitive position he/she occupied immediately prior to the in-service leave. The employee shall be reinstated to the full time position as a temporary promotion pursuant to Section 4.54.060(A)(2). Employees who are returned to a full time position shall retain any vacation, compensatory time or sick leave balance in effect at the time of granting of the leave of absence for appointment to the excepted position. Employees shall be given credit for time spent in an excepted appointment in computing eligibility for additional vacation leave accrual.

D. In the event that emergency conditions occur which require the closing of City-operated facilities or the temporary cessation of functions carried out by Medical Examiner employees, the Mayor of the City of St. Louis may declare an emergency and require an employee or group of employees to take leaves of absence with or without pay while such emergency conditions exist. In the event that the Mayor requires that the leave of absence be without pay, an employee with vacation or accrued compensatory time may elect to take the accrued time off with pay in lieu of all or a part of such non-paid leave of absence. Such non-paid leave of absence shall not interrupt continuity of service for vacation accrual. An emergency leave of absence declared by the Mayor shall not exceed ninety (90) days.

E. Employees who are granted general leaves of absence and other non-paid leaves of absence, including investigative leaves of absence, except family/medical leave and military leave, must take all accrued vacation at the start of the leave of absence. Employees who are granted or placed on a non-paid leave of absence will not accrue vacation and sick leave during the period of non-paid leave. Upon the expiration of such leaves of absence, the employee shall follow the procedures as established in this Section 4.54.190 and any other applicable regulations and procedures as established by the Chief Medical Examiner.

F. In the event that a fiscal crisis occurs in the City of St. Louis, employees whose pay schedule is designated by "M" may request to be docked without pay. The request must be in writing at least two weeks prior to the dock and approved by a manager or supervisor. If approved by a manager or supervisor, the dock will not affect any employee benefits including, but not limited to, health insurance, pension calculations, anniversary dates, or any employee's service rating or eligibility for promotion. Appointing authorities will still be required to make all appropriate deductions for health insurance and pensions from their accounts.

G. A manager or supervisor, with the prior approval of the Chief Medical Examiner, may put an employee on investigative leave of absence without pay pending the outcome of criminal charges pending against the employee.
(Ord. No. 68122, 19, 10-10-2008: prior: Ord. 67811 19, 2007: Ord. 67335 19, 2006: Ord. 66401 19, 2004: Ord. 64953 19, 2000: Ord. 64306 18, 1998: Ord. 63779 18, 1996.)

4.54.185 Insurance benefits.

The City of St. Louis is hereby authorized to devise and establish by contract or otherwise plans for life, health, medical, disability, and other insurance coverage deemed necessary for employees in the Medical Examiner's Office and other employees for the City and their dependents. The Chief Medical Examiner, with the assistance of the City Health Insurance Committee as established by Ordinance 67665, shall develop and administer programs to provide for such coverage. The Director of Personnel shall confer with the Board of Estimate and Apportionment by February 1st of each year regarding coverage plans and the appropriate funding level. The Director shall then be charged with the responsibility of establishing the applicable funding level and remittance rates for the aforementioned plans and certify same to the Comptroller and Budget Director by March 1st of each year and no officer or employee shall alter or amend such rates.
(Ord. No. 68122, 20, 10-10-2008: prior: Ord. 67811 20, 2007: Ord. 67335 20, 2006: Ord. 66401 20, 2004: Ord. 64953 20, 2000.)

4.54.187 Death benefit.

In the event any employee of the City whose pay is established by this chapter dies as a result of injuries arising out of and in the course of his/her employment by the City, the City shall pay compensation in accordance with the Missouri Workers' Compensation Law. The Chief Medical Examiner and the City Counselor shall establish procedures for making the payments required by the Missouri Workers' Compensation Law. The Comptroller shall designate the fund or appropriation out of which such payment shall be made. Such compensation shall be in addition to any life insurance benefits paid for by the City or by the employee which is available to the employee's beneficiaries and also in addition to any benefit provided by the Employees Retirement System of the City of St. Louis.
(Ord. No. 68122, 21, 10-10-2008: prior: Ord. 67811 21, 2007: Ord. 67335 21, 2006: Ord. 66401 21, 2004: Ord. 64953 21, 2000.)

4.54.190 Workers' compensation and disability leave.

A. Any employee in the Medical Examiner's Office whose class title and grade are established in Section 4.54.010(A) and denoted by the suffix "G," or "M," of this chapter, including employees who are compensated on a per performance or unit of work basis, who shall suffer personal injury by accident or occupational disease arising out of and in the regular course of employment while engaged in or about the premises where an employee's duties are being performed or where an employee's presence is required as part of his/her employment, shall promptly report such injury by accident or occupational disease to his/her immediate supervisor. The supervisor shall in turn report, through the manager, all facts concerning the incident to the City Counselor and the Chief Medical Examiner. The manager shall promptly provide such written information and recommendations as may be requested by the City Counselor to aid in making the determination of the period of disability.

The employee who suffers a personal injury as described in subsection (A) of this section, and which results in temporary disability, may elect to use sick leave for the first three days of temporary disability. Thereafter, the employee will be compensated at the rate mandated by the Missouri Workers' Compensation Law. If the period of disability extends fourteen (14) calendar days or more, the three days of sick leave used during the first three days of disability will be restored to the employee's sick leave balance. The City Counselor shall determine the actual amount of compensation and length of time during which payments are made for such temporary disability in accordance with the Missouri Workers' Compensation Law.

B. The City Counselor, the Chief Medical Examiner, or the manager may require an employee to undergo a physical examination and medical or surgical treatment at the expense of the City to diagnose and treat injuries or illnesses arising out of employment.

C. The City Counselor and the Comptroller shall establish procedures for paying compensation to employees or former employees who are permanently disabled and due compensation under the Missouri Workers' Compensation Law. The Comptroller shall designate the fund or appropriation out of which such payment shall be made.

D. The City Counselor and the Chief Medical Examiner shall be responsible for the administration of the provisions of this section and shall establish and publish procedural regulations for the administration of the program. Each manager or supervisor shall establish procedures to comply with the provisions of this section and established regulations.
(Ord. No. 68122, 22, 10-10-2008: prior: Ord. 67811 22, 2007: Ord. 67335 22, 2006: Ord. 66401 22, 2004: Ord. 64953 22, 2000: Ord. 64306 19, 1998: Ord. 63779 19, 1996.)

4.54.200 Jury and witness leave.

A. Jury leave with pay shall be granted to bi-weekly rate employees working fifty percent (50%) time or more for such time when such employees are serving as jurors pursuant to order of the St. Louis Circuit Court or United States District Court in St. Louis. Any bi-weekly rate employee, when so summoned for jury service, shall report such fact within seventy-two (72) hours to his/her manager or supervisor and display to the manager or supervisor the summons which the employee has received and shall give the manager or supervisor in writing the date and the time of such jury service. No bi-weekly rate employee shall receive any compensation from the Jury Commissioner or the United States District Court system for jury service for days the employee receives compensation from the City. A bi-weekly rate employee may keep the jury stipend for days when the employee receives no compensation from the City (off days, docks, leaves, etc.). Upon being discharged from serving as a juror by the Court or Jury Commissioner, the employee shall forthwith report to his/her manager or supervisor if discharged during their normally scheduled work hours and shall submit to his/her manager or supervisor a written statement from the Jury Commissioner certifying that the employee has served as a juror and the time and date so served. The manager or supervisor shall, upon receipt of the statement of jury service, credit the employee with paid jury leave for such service.

B. Leave with pay shall be granted to bi-weekly rate employees for such time when the employee's presence is required by the prosecutor in a criminal proceeding or grand jury procedure, a trial in prosecuting accused criminals (or for jury service in federal court). Any bi-weekly paid employee, when so subpoenaed as a prosecution witness or whose presence is required as a part of a grand jury inquiry, shall report such fact within seventy-two (72) hours to his/her manager or supervisor and shall give the manager or supervisor in writing the date and time his/her presence is required for such criminal prosecution. Each manager or supervisor shall establish controls to assure that any paid leave is actually required by the prosecuting authority. A manager or supervisor may require an employee to furnish satisfactory evidence of being required to be off the job and that all time off was in connection with the prosecution of the case. This procedure shall apply for employee participation in criminal prosecution in state or federal courts.
(Ord. No. 68122, 23, 10-10-2008: prior: Ord. 67811 23, 2007: Ord. 67335 23, 2006: Ord. 66401 23, 2004: Ord. 64953 23, 2000: Ord. 64306 20, 1998: Ord. 63779 20, 1996.)

4.54.210 Deferred compensation.

A. Authority is hereby granted for the establishment of a deferred compensation plan for the City of St. Louis-Medical Examiner's Office.

B. In accordance with the regulations applicable to the plan, as set out herein, the Comptroller is authorized to enter into an agreement with eligible participants, whereby said participants may designate a portion of their future earnings to be deducted by the City and placed in a fund to be designated "City of St. Louis Deferred Compensation Plan Fund" for the purpose of providing tax deferred benefits to the participants upon retirement.

C. The Board of Estimate and Apportionment is hereby authorized to establish or select a specific plan or plans in accordance with the requirements set out in this chapter. In establishing the plan, the Board of Estimate and Apportionment may elect to retain outside parties to provide administrative and/or investment services after following competitive bidding procedures. The Board of Estimate and Apportionment is authorized, after analyzing the various competitive bids submitted in accordance with the requirements of this chapter, to select the plan or plans it determines to meet the requirements established as a part of the competitive bidding procedures and to be in the best interest of the participants. No investment plan shall be considered unless offered by a duly licensed resident agent representing a company duly licensed and authorized by the State of Missouri and other applicable federal regulatory agencies to offer such insurance or investment programs.

In the event federal or state legislation is changed in a manner affecting and/or relating to any of the aforementioned deferred compensation provisions contained in this Section 26, the Board of Estimate and Apportionment of the City of St. Louis may amend the deferred compensation plan accordingly and may execute any and all documents necessary to achieve and effectuate the recommended changes.
(Ord. No. 68122, 24, 10-10-2008: prior: Ord. 67811 24, 2007: Ord. 67335 24, 2006: Ord. 66401 24, 2004: Ord. 64953 24, 2000.)

4.54.220 Retirement.

The following provisions shall apply to the Employees Retirement System:

A. "Final Average Compensation" is equal to one-half of the sum of (1) and (2) below:

1. The annual compensation received by a member for the two (2) consecutive years of creditable service in which the highest compensation was received preceding the termination of his/her employment, and

2. The balance of a member's sick leave pay as accrued on the date of retirement less sick leave hours paid to the member upon termination of his/her employment and less sick leave hours considered as creditable service for the purpose of determining eligibility for retirement benefits, except that said balance cannot exceed twenty-five percent (25%) of a member's total sick leave as accrued on the date of retirement.

B. If a member has less than two (2) consecutive years of creditable service his/her final average compensation shall be equal to the sum of (1) and (2) below, divided by (3) below and then multiplied by (4) below:

1. The sum of monthly compensation received by the member for each consecutive month of creditable service immediately preceding the termination of his/her employment; and

2. The balance of a member's sick leave pay as accrued on the date of retirement less sick leave hours paid to the member upon termination of his/her employment and less sick leave hours considered as creditable service for the purpose of determining eligibility for retirement benefits, except that said balance cannot exceed twenty-five percent (25%) of a member's total sick leave as accrued on the date of retirement.

3. The number of consecutive months of creditable service immediately preceding the termination of his/her employment; and

4. Twelve (12).

The years of creditable service of a member shall be the number of years and completed months of service during which he/she receives compensation from the first day of the calendar month following the date of the beginning of each employment with an employer until his/her employment is terminated, subject to the provisions of this section. The years of creditable service of an employee hired after the operative date who had attained the age of sixty (60) years at initial employment shall be the number of years and completed months of service during which he/she receives compensation from October 1, 1988, and hereafter, from the first day on or after October 1, 1988, of the beginning of each employment with an employer until his/her employment is terminated. No creditable service shall be granted for any period of employment before October 1, 1988, after the calendar month in which the member attains age seventy (70). No creditable service for prior employment shall be granted an employee who becomes a member after April 1, 1960, unless he/she was employed by an employer on April 1, 1960.

A member may elect to use his/her unused sick leave as additional creditable service for the purpose of determining eligibility for retirement benefits under any provision of this chapter.

A member's sick leave balance at time of retirement less the sum of subsections 1, 2, and 3 below shall be considered as additional creditable service for calculation of retirement benefits under any provision of this chapter:

1. Sick leave hours considered as creditable service for the purpose of determining eligibility for retirement benefits; and

2. Sick leave hours paid to the member upon termination of his/her employment; and

3. Sick leave hours used in determining final average compensation.
(Ord. No. 68122, 25, 10-10-2008: prior: Ord. 67811 25, 2007: Ord. 67335 25, 2006: Ord. 66401 25, 2004: Ord. 64953 25, 2000.)

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