§ 38.06. Payment; computation; limitations; other conditions; conversion of sick leave to vacation.

Upon separation from the employment service of the City of Saint Paul by death or retirement, or after all reinstatement rights have expired following resignation, layoff or leave of absence, and which separation shall have occurred after the effective date of this ordinance, any classified or unclassified employee of the city, other than an elected city official, or his estate, if deceased, shall be paid, as severance pay, an amount equivalent to one-half day's pay for each full day's accumulated and unused sick leave credit computed, determined and certified as hereinabove provided; provided:

(a)

That at the time of his aforesaid separation the employee has not less than sixty (60) days of such accumulated and unused sick leave credits;

(b)

That the rate of payment shall be the daily rate that the employee was receiving and entitled to receive as and for wages or salary in his employment on the last day of his work; except that if an employee was customarily employed under more than one title he shall be paid at the rate of the wages or salary for the position under which he was employed the longest during the twelve-month period immediately prior to the date when he last worked. For the purposes of this section, the daily rate shall be the biweekly rate divided by ten (10);

(c)

That no employee or his estate shall be paid severance pay for more than two hundred (200) days' accumulated and unused sick leave credits at the rate of one-half day's pay for each full day's credits, nor more than four thousand dollars ($4,000.00). However, if the total severance pay for such two hundred (200) days is less than four thousand dollars ($4,000.00) and the employee has additional accumulated and unused sick leave credits in excess of two hundred (200) days, he or his estate shall be paid for such additional days credits at the rate of one-half day's pay for each full day's credit, but such total severance pay shall not exceed four thousand dollars ($4,000.00). No more than a single claim for severance pay hereunder shall be payable to any such employee or his estate. If any such employee or his estate shall have once received severance pay hereunder, neither said employee nor his estate thereafter shall become entitled to claim against or receive from said city hereunder any additional severance pay; provided, that this restrictive provision shall not prejudice any claim of any such employee or that of his estate for the payment of deferred and unpaid installments of any valid sole severance pay allowance. Despite any contrary provision hereof, hereinabove or hereinafter set forth, neither any such employee nor his estate, except in case of separation from employment by death, shall be eligible therefor or be entitled to claim any severance pay hereunder unless such employee at the time of his separation from said city's employment shall have served therein for an aggregate period of not less than twenty (20) years, in case of separation from employment by such employee's voluntary action, or for an aggregate period of not less than ten (10) years, in case of separation from employment occasioned by expiration of fixed term of employment or retirement at age fifty-eight (58) or over, or discharge therefrom by action of said city or other cause beyond such employee's reasonable control; and provided further, that no such employee nor his estate shall be entitled to claim or receive payment of any severance pay hereunder in any case where the employee's separation from employment shall result from his discharge therefrom, by action of said city, upon grounds of misconduct of such employee involving moral turpitude, nevertheless in any case where upon presentation of the case to it by the head of the department or other city official concerned charges of such type of misconduct which might otherwise be made against any such employee, in lieu of preferment of the same and discharge on such grounds, said council by resolution may determine that such employee shall be granted leave to resign from such employment when said council shall find that pertinent facts and circumstances mitigate the misconduct to such a degree that its action, in the premises, is in the furtherance of justice. For the purposes of this ordinance the continuity of any such employee's service in the employment of said city shall not be deemed interrupted by his transfer or change of position therein; provided, that he shall receive no service or sick leave credit on account of any period during which he shall occupy an elective office;

(d)

That for the purposes of this ordinance, the immediate and complete separation from said city's employment of any such classified civil service employee may be effected by his written resignation therefrom and waiver of reinstatement thereto filed with and accepted by the director of the office of human resources; and that when any such resignation shall not be accompanied by such waiver of reinstatement, such employee's separation and eligibility, if any, for severance pay hereunder shall be deferred until such waiver of reinstatement shall have been filed or any right therefor under said Civil Service Rules and Regulations shall have expired;

(e)

If an employee has an accumulation of sick leave credits in excess of one hundred eighty (180) days, he may convert any part of such excess to vacation at the rate of one-half day's vacation for each day of sick leave credit. The maximum number of days vacation allowed by the conversion of such leave credits shall be no more than five (5) days in any one year.

(Ord. No. 17322, § 1, 1-7-86; C.F. No. 04-143, § 3, 3-3-04)