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Item 4BITEM 413 CITY OF SOUTH LAKE MEMORANDUM September 14, 2021 TO: Shana K. Yelverton, City Manager FROM: Stacey Black, Director of Human Resources SUBJECT: Approve Resolution No. 21-041, Amending the City of Southlake Personnel Policy No. 704 - Vacation and providing an effective date. Action Requested: City Council approval of Resolution No. 21-041, to amend the City of Southlake Personnel Policy No. 704 — Vacation and to provide an effective date. Background Information: The City's Employee Handbook contains all personnel policies approved by the City Council and the City Manager. Section 4.14 of the City Charter requires City Council approval for all personnel policies that have financial implications. The City Manager has the authority to approve personnel policies that do not have financial implications, provided City Council is notified of all such changes. This request is to revise Policy No. 704 — Vacation to increase the amount of vacation an employee earns each year to comply with Section 142.0013(b) of the Texas Local Government Code. As part of its standard benefits package, the City of Southlake provides full-time employees with paid vacation leave. The amount of vacation leave provided to each employee is based on an employee's length of full-time service with the City. Section 142.0013(b) requires a municipality with a population of more than 30,000 provide a member of the fire or police department with 15 vacation days (3 weeks) each year with pay if the member has been regularly employed in the department for at least one year. The City has surpassed 30,000 population and must comply with this unfunded state mandate. The draft policy proposes extending this benefit to all full-time employees. Current Policy. Employees currently accrue vacation each pay period up to a maximum accrual cap. Employees are eligible to use vacation leave after a six-month waiting period with supervisor approval. Regular full-time employees can accrue up to 240 hours of vacation leave, and fire shift personnel can accrue up to 360 hours of vacation leave. Fire Shana K. Yelverton, City Manager September 14, 2021 Page 2 ITEM 4B shift personnel accrue at a higher rate and have a higher accrual cap because they work 120 hours (five 24-hour shifts) in a pay period instead of the traditional 80 hours. Upon separation of employment, employees who have completed twelve months of service are paid for any unused, accrued vacation leave in their final paycheck. Proposed Policy. The draft policy proposes continuing all existing provisions of the policy, with the exception of increasing vacation accrual amounts at an employee's first tenure anniversary (as required by Section 180.0013(b) for fire and police personnel) and upon their fifth tenure anniversary. The below chart compares the current and proposed accrual rates: Months of Service Less than 1 year Current Annual Accrual Rate Regular: 2 weeks Fire Shift: 5 shifts Proposed Annual Accrual Rate — No Change — Regular: 2 weeks Fire Shift: 5 shifts — Increased Accrual — 12-59 months Regular: 2 weeks Required for Police and Fire (1-5 years) Fire Shift: 5 shifts Regular: 3 weeks Fire Shift: 7.5 shifts —Increased Accrual — 60-119 months Regular: 3 weeks (5-10 years) Fire Shift: 7.5 shifts Regular: 4 weeks Fire Shift: 10 shifts 120-239 _ — No Change — months Regular: 4 weeks, 3 days Fire Shift: 11 shifts Regular: 4 weeks, 3 days (10 — 20 years) Fire Shift: 11 shifts — No Change — 240+ months Regular: 5 weeks, 1 day (20+ years) Fire Shift: 12 shifts Regular: 5 weeks, 1 day Fire Shift: 12 shifts Employer of Choice. One of the City's strategies is to be an Employer of Choice. Paid vacation leave is one of the most commonly offered benefits and provides employees with time away from work for rest, relaxation, travel, and other planned reasons. Providing vacation leave supports a healthy work -life balance for employees. In the Spring of 2021, the City conducted its biennial Employee Benefits Survey. This survey helps ensure the City is spending benefit dollars in a meaningful way that meets employees' needs and expectations while being fiscally responsible. On the survey, vacation leave ranked third on a list of 16 employee benefits, only behind the retirement program and health insurance. 97% of respondents indicated vacation leave was very Shana K. Yelverton, City Manager September 14, 2021 Page 3 important to them. ITEM 4B As the workforce changes, employee expectations are also changing. Employee comments in the benefits survey revealed that employees desire a higher vacation accrual. Increasing the vacation leave limit was the third most requested benefit change on the survey, behind lowering the health insurance premiums and improving the health plan. In addition, as we recruit employees to come work for the City, increasingly, candidates voice their desire to accrue more vacation earlier in their tenure. Finally, staff conducted a survey (attached) to determine vacation accruals offered by municipalities within the City's defined labor market. The survey revealed that 46% provide employees with three weeks of vacation leave after one year of service and one city provides employees with four weeks of vacation leave after five years of service. Increasing the vacation accrual rates for all employees places Southlake at a competitive advantage and helps the City attract and retain top talent. The proposed policy meets the requirements outlined in Section 142.0013(b) of the Texas Local Government Code, provides the City with a competitive advantage in the labor market, and, with City Council approval, will be effective October 3, 2021. Financial Considerations: Paid time off is incorporated in an employee's annual base salary, and base salary costs are included in the annual budget. However, unused vacation leave is paid to an employee upon separation of employment if the employee has been employed for at least one year. Staff conducted a data analysis to determine the potential financial impact of increasing the vacation accrual rates on vacation payout for employees who separate employment. Staff reviewed actual employee turnover in a 12-month period and applied the higher accrual rates to those employees. Assuming an employee did not use any of the additional accruals and that the unused accrual was paid in their final paycheck, the estimated financial impact would have been approximately $12,000 for Police and Fire and approximately $19,000 for civilian staff. This additional cost can generally be absorbed in the budget through position vacancy savings. Shana K. Yelverton, City Manager ITEM 413 September 14, 2021 Page 4 Strategic Link: • Focus Area: Performance Management and Service Delivery • Corporate Objective: L3 Attract, develop and retain a skilled workforce • Employer of Choice Citizen Input/ Board Review: N/A Legal Review: The City Attorney has reviewed the proposed policy. Alternatives: Changes as may be desired by the City Council. Deny the proposed policy. Supporting Documents: Resolution No. 21-041 Policy No. 704 — Vacation, approved April 5, 2016 Vacation Leave Survey Staff Recommendation: Approve Resolution No. 21-041, Amending the City of Southlake Personnel Policy No. 704 - Vacation and providing an effective date. RESOLUTION NO. 21-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING THE CITY OF SOUTHLAKE PERSONNEL POLICY NO. 704 — VACATION LEAVE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake (the "City") previously adopted personnel policies; and WHEREAS, the City wishes to revise Personnel Policy No. 704 — Vacation Leave to replace the previously adopted personnel policy; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. The City of Southlake hereby approves and adopts the following policy that has financial implications effective as of October 1, 2021, a copy of which is attached as Exhibit "A" and will be incorporated into the Employee Handbook as of October 1, 2021: Policy No. 704 — Vacation Leave Section2. That this resolution is in effect upon passage and adoption by the City Council. PASSED AND APPROVED THIS THE , 2021. John Huffman, Mayor ATTEST: Amy Shelley, City Secretary DAY OF Page 1 Resolution No. 21-041, Exhibit A CITY OF SOUTHLAKE 704 VACATION LEAVE 704.01 Eligibility. All regular full-time employees shall accrue vacation leave; however, vacation leave may not be used until six (6) months of continuous full-time service is completed. Vacation leave does not vest until the completion of twelve months of continuous full-time service. Therefore, vacation leave is forfeited if employment terminates or an employee separates employment for any reason before completing twelve months of continuous full-time service. 704.02 Part-time, Temporary and Seasonal Employees. Part-time, temporary and seasonal employees are not eligible for vacation leave. 704.03 Vacation Leave Accrual. Accrual rates are based on the length of continuous full-time service with the City of Southlake. Vacation leave shall not be advanced. Vacation leave shall not accrue when an employee is on a leave of absence without pay for an entire pay period. An employee is considered to be on a leave of absence without pay when they have exhausted all available paid leave, and they are not eligible for or have exhausted available family medical leave in accordance with Policy No. 207, Family Medical Leave Act. Employees shall move into the next accrual bracket following the first full pay period after satisfying the required months of service. 704.03.01 Full-time employees. Full-time employees, except for full-time fire -shift personnel, receive vacation leave at the below rates: Months of Per Period Accrual Rate Maximum Accrual Service (Estimated Annual Accrual) Allowed 0-11 months 3 hours and 5 minutes 240 hours (less than 1 year) (2 weeks) 12-59 months 4 hours and 38 minutes 240 hours (1-5 years) (3 weeks) 60-119 months 6 hours and 10 minutes 240 hours (5-10 years) (4 weeks) 120-239 months 7 hours and 5 minutes 240 hours (10 — 20 years) (4 weeks, 3 days) 240+ months 8 hours 240 hours (20+ years) (5 weeks, 1 day) 704.03.02 Fire Shift Personnel. Full-time fire shift personnel who are on the 24-hour shift schedule shall receive vacation leave at the following rates: Policy No. 704 —Vacation Leave Page 1 Resolution No. 21-041, Exhibit A CITY OF SOUTHLAKE Months of Per Period Accrual Rate Maximum Accrual Service (Annual Accrual) Allowed 0-11 months 5 hours (5 shifts) 360 hours (less than 1 year) 12-59 months 7 hours and 30 minutes 360 hours (1-5 years) (7.5 shifts) 60-119 months 10 hours (10 shifts) 360 hours (5-10 years) 120-239 months 11 hours (11 shifts) 360 hours (10 — 20 years) 240+ months 12 hours (12 shifts) 360 hours (20+ years) 704.04 Maximum Accrual Allowed. Employees shall not be permitted to accrue more than the specified maximum accrual of vacation leave at any time. Vacation leave shall cease to accrue when an employee's vacation leave balance reaches the maximum accrual allowed. 704.05 Scheduling Vacation. Employees shall schedule vacation in advance with the employee's supervisor or Department Director, who shall give due consideration to the employee's needs and the remaining employees' ability to perform all essential tasks of the department while the employee is on vacation. Vacation requests by Department Directors are subject to the approval of the City Manager or their designee. Vacations shall only be scheduled when workload permits; however, every reasonable effort shall be made to accommodate individual requests. Employees are responsible for ensuring that vacation leave is requested within a reasonable amount of time and confirm they will have adequate leave accruals to cover the requested time off. Supervisors may deny requests for time off when the employee does not have sufficient vacation leave accrual available for the request or when it cannot be accommodated due to business needs. 704.06 Holidays during Vacation. Official holidays occurring during an employee's vacation shall be paid as holiday pay and not considered as vacation leave. 704.07 Vacation Leave during Disciplinary Suspension. An employee on disciplinary suspension forfeits all claims to use vacation leave for the duration of the disciplinary suspension. In no case shall vacation time be granted to an employee during the course of a disciplinary suspension as a means to supplement pay lost as a result of the disciplinary suspension. 704.08 Vacation Payout upon Termination of Employment. Upon termination of service, a regular employee who has completed twelve (12) months of continuous full-time employment shall be paid for any unused vacation time, not to exceed the established maximum accrual balance of 240 hours (360 hours for fire shift personnel). Policy No. 704 —Vacation Leave Page 2 Resolution No. 21-041, Exhibit A CITY OF SOUTHLAKE 704.09 Approval and Effective Date. This policy was approved by City Council on September 21, 2021 by Resolution No. 21-041 and is effective October 3, 2021. It supersedes all previous vacation leave policies. Policy No. 704 —Vacation Leave Page 3 Current Policy CITY OF SOUTHLAKE 704 VACATION LEAVE 704.01 Eligibility. All regular full-time employees shall accrue vacation leave during their first year of employment; however, vacation leave may not be used until six (6) months of continuous service is completed. Vacation leave does not vest until the completion of twelve months of continuous service; therefore, vacation leave is forfeited if employment is terminated for any reason before the completion of twelve months of continuous service. 704.02 Part-time, Temporary and Seasonal Employees. Part-time, temporary and seasonal employees are not eligible for vacation leave. 704.03 Vacation Leave Accrual. Accrual rates are based on length of continuous service with the City of Southlake. Vacation leave shall not accrue during leaves of absences without pay nor shall it be advanced. Employees shall move into the next accrual bracket following the first full pay period after satisfying the required months of service. 704.03.01 Full-time employees. Full-time employees, except for full-time fire -shift personnel, receive vacation leave at the below rates: Months of Service Per Period Accrual Rate (Annual Accrual) Maximum Accrual Allowed 0-59 months 3.08 hours (2 weeks) 240 hours 60-119 months 4.62 hours (3 weeks) 240 hours 120-239 months 7.08 hours (4 weeks, 3 days) 240 hours 240+ months 8 hours (5 weeks, 1 day) 240 hours 0-59 months 3.08 hours (2 weeks) 240 hours 704.03.02 Fire Shift Personnel. Full-time fire shift personnel who are on the 24-hour shift schedule shall receive vacation leave at the following rates: Months of Service Per Period Accrual Rate (Annual Accrual) Maximum Accrual Allowed 0-59 months 5 hours (5 shifts) 360 hours 60-119 months 7.5 hours (7.5 shifts) 360 hours 120-239 months 11 hours (11 shifts) 360 hours 240+ months 12 hours (12 shifts) 360 hours 0-59 months 5 hours (5 shifts) 360 hours 704.04 Maximum Accrual Allowed Employees shall not be permitted to accrue more than the specified maximum accrual rate of vacation leave at any time. Vacation leave shall cease to accrue when a regular employee's vacation leave balance reaches the maximum. Policy No. 704 —Vacation Leave Page 1 Current Policy CITY OF SOUTHLAKE 704.05 Scheduling Vacation. Employees shall schedule vacation in advance with the employee's supervisor or Department Director, who shall give due consideration of the employee's needs and to the ability of the remaining employees to perform all essential tasks of the department while the employee is on vacation. Vacation requests by Department Directors are subject to the approval of the City Manager, or his or her designee. Vacations shall only be scheduled when workload permits; however, every reasonable effort shall be made to accommodate individual requests. Employees have the responsibility to assure that the vacation is requested within a reasonable amount of time and confirm they will have adequate leave accruals to cover the requested time off. 704.06 Holidays during Vacation. Official holidays occurring during an employee's vacation shall be paid as holiday pay and not considered as vacation leave. 704.07 Vacation Leave during Disciplinary Suspension. An employee on disciplinary suspension forfeits all claims to use vacation leave for the duration of the disciplinary suspension. In no case shall vacation time be granted to an employee during the course of a disciplinary suspension as a means to supplement pay lost as a result of the disciplinary suspension. 704.08 Vacation Payout upon Termination of Employment. Upon termination of service, a regular employee who has completed twelve (12) months of continuous employment shall be paid for any unused vacation time, not to exceed the established maximum rate of 240 hours (360 hours for fire shift personnel). 704.09 Approval and Effective Date. This policy was approved by City Council on April 5, 2016 by Resolution No. 16-011 and is effective April 15, 2016. It supersedes all previous policies. Policy No. 704 —Vacation Leave Page 2 CITY OF SOUTHLAKE, TEXAS VACATION LEAVE SURVEY, SEPTEMBER 2021 0-11 Months (<1 12-59 Months 60-119 Months 120-239 Months 240+ Months City Population _ year) 0-5 years) (5-10 years) (10-20 years) (20+ years) Allen 101,730 2 weeks 2 weeks 3 weeks 4 weeks 4 weeks Fire: 5 shifts Fire: 7.5 shifts I Fire: 7.5 shifts Fire: 10 shifts Fire: 10 shifts Bedford 48,820 2 weeks 2 weeks 3 weeks 4 weeks 4 weeks Fire: 5 shifts Fire: 7.5 shifts Fire: 7.5 shifts Fire: 10 shifts Fire: 10 shifts Carrollton 137,650 2 weeks 2 weeks 3 weeks 1 3 weeks 4 weeks Fire: 7.5 shifts Fire: 7.5 shifts Fire: 7.5 shifts Fire: 7.5 shifts see notes Fire: 10 shifts Colleyville 25,700 2 weeks 2 weeks 3 weeks 4 weeks 5-15 years: 3 weeks/Fire-7 shifts Fire: 5 shifts Fire: 5 shifts Fire: 7 shifts Fire: 10 shifts Over 15 ears: 4 weeks/Fire-10 shifts Coppell 41,410 2 weeks 3 weeks 3 weeks 3 weeks 4 weeks, 4 days Fire: 5 shifts Fire: 7.5 shifts Fire: 7.5 shifts Fire: 7.5 shifts Fire: 12 shifts Euless 57,550 2 weeks 2 weeks 3 weeks 4 weeks Fire: 7.5 shifts Fire: 7.5 shifts Fire: 7.5 shifts Fire: 10 shifts Farmers Branch 35,910 2 weeks, 2 days 2 weeks, 2 days 3 weeks see notes 5 weeks Years 10-14: 3 weeks 2days/ Fire-8.5 shifts Fire: 6 shifts Fire: 6 shifts Fire: 7.5 shifts Fire: 12 shifts Years 15-19: 4 Weeks/Fire-10 shifts Police and Fire personnel (PSO/Certified) Flower Mound 78,080 2 weeks 2 weeks 3 weeks 4 weeks 4 weeks accrue at a rate to obtain three weeks vacation Frisco 193,870 3 weeks 3 weeks 3 weeks 3 weeks, 3 days 4 weeks Fire: 7.5 shifts Fire: 7.5 shifts 3 weeks 3 weeks Fire: 7.5 shifts Fire: 9 shifts Fire: 10 shifts Grapevine 52,980 3 weeks 3 days 4 weeks, 1 day 4 weeks, 4 days Fire: 7.5 shifts Fire: 7.5 shifts Fire: 9 shifts Fire: 10.5 shifts Fire: 12 shifts Hurst 38,910 2 weeks 2 weeks 3 weeks 4 weeks 4 weeks Keller 45,400 2 weeks 2 weeks 3 weeks 4 weeks 4 weeks Fire: 7.5 shifts Fire: 7.5 shifts 3 weeks Fire: 7.5 shifts 3 weeks Fire: 10 shifts 4 weeks Fire: 10 shifts 5 weeks McKinney 194,890 2 weeks Fire: 7.5 shifts Fire: 7.5 shifts Fire: 7.5 shifts Fire: 10 shifts Fire: 12.5 shifts North Richland Hills 68,360 2 weeks 3 weeks 4 weeks 4 weeks 5 weeks Fire: 7 shifts Fire: 7 shifts Fire: 10 shifts Fire: 10 shifts Fire: 12 shifts Plano 285,190 3 weeks 3 weeks 3 weeks 3 weeks, 3 days 4 weeks, 4 days Fire: 7.5 shifts Fire: 7.5 shifts Fire: 7.5 shifts Fire: 9 shifts Fire: 12 shifts Richardson 115,630 2 weeks 3 weeks 3 weeks see notes 4 weeks 4 weeks after 14 years University Park 22,900 2 weeks, 1 day 2 weeks, 1 day 2 weeks 3 days See notes I 4 weeks 10-15 Years: 3 weeks / Fire: 7.5 shifts Fire: 5.5 shifts Fire: 5.5 shifts Fire: 6.5 shifts Fire: 10 shifts 16-20 Years: 3 weeks 2 days/ Fire: 8.5 shifts Southlake 2 weeks go2 weeks 3 weeks 4 wks, 3 days 5 wks, 1 day (Current) Fire: 5 shifts Fire: 5 shifts ire: 7.5 shifts Fire: 11 shifts Fire: 12 shifts Southlake 2 weeks 3 weeks 4 weeks 4 wks, 3 days 5 wks, 1 day (Proposed) Fire: 5 shifts Fire: 7.5 shifts Fire: 10 shifts Fire: 11 shifts Fire: 12 shifts EU:1