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Item 4E - MemoITEM 4E M E M O R A N D U M October 14, 2020 TO: Shana K. Yelverton, City Manager FROM: Stacey Black, Director of Human Resources SUBJECT: Approve Resolution No. 20-045, Pandemic Vacation Carryover Policy Action Requested: City Council approval of Resolution No. 20-045, to approve the Pandemic Vacation Carryover Policy and to provide an effective date. Background Information: The COVID-19 Coronavirus pandemic has been an unprecedented, extraordinary event. Due to the pandemic, many employees were unable to utilize their accrued vacation leave as usual from April 1, 2020 through September 30, 2020. As a result, and through no fault of their own, an employee who reached the vacation leave accrual cap did not accrue additional vacation leave when, under normal circumstances, the employee most likely would have used leave to bring them below the maximum vacation accrual cap. The normal vacation leave cap is 240 hours for regular employees and 360 hours for fire shift personnel. The purpose of this policy is to create pandemic vacation carryover leave with the following provisions: • Any full-time employee who reached the maximum vacation accrual cap at any point from April 1, 2020 through September 30, 2020 shall be credited for any vacation leave they did not accrue during that period, but would have accrued had they not reached the maximum vacation accrual cap. • Employees shall only be credited with the actual vacation leave that they did not accrue because they reached the maximum vacation accrual cap from April 1, 2020 through September 30, 2020. • This one-time pandemic vacation carryover leave will be transferred to a pandemic vacation carryover leave accrual account. Employees may use pandemic vacation carryover leave in the future to take paid time off. • Employees shall request to use leave in advance with the employee’s supervisor or Department Director. Shana K. Yelverton, City Manager ITEM 4E October 14, 2020 Page 2 • Employees who separate from City employment for any reason shall not be entitled to receive payment for accumulated, unused pandemic vacation carryover leave. • Any unused pandemic vacation carryover leave will expire on October 31, 2022. • This policy is effective November 1, 2020 and automatically expires on October 31, 2022. This proposed policy recognizes that during the initial six months of the pandemic many employees were unable to take time off work, and in some situations, they did not accrue vacation leave because they were at the vacation accrual cap. It provides a mechanism to carryover leave that they were unable to accrue because they were at the cap. The proposed policy impacts about 50 employees and supports the City’s strategy to be an employer of choice and to attract, develop, and retain a skilled workforce. Financial Considerations: There is no direct budgetary impact of this policy. 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. 20-045 Staff Recommendation: City Council approval of Resolution No. 20-045, approving the Pandemic Vacation Carryover Policy and providing an effective date. Page 1 RESOLUTION NO. 20-045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPROVING CITY OF SOUTHLAKE PANDEMIC VACATION CARRYOVER POLICY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake (the "City") previously adopted personnel policies; and WHEREAS, the City wishes to adopt the Pandemic Vacation Carryover 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 personnel policy that has financial implications, a copy of which is attached as Exhibit “A”: Pandemic Vacation Carryover Policy Section2. That this resolution is in effect upon passage and adoption by the City Council effective November 1, 2020. PASSED AND APPROVED THIS THE ____ DAY OF ________________________, 2020. _____________________________________ Laura K. Hill, Mayor ATTEST: __________________________________ Amy Shelley, City Secretary Pandemic Vacation Carryover Policy Page 1 PANDEMIC VACATION CARRYOVER POLICY Purpose. The COVID-19 Coronavirus pandemic has been an unprecedented, extraordinary event. Due to the pandemic, many employees have been unable to utilize their accrued vacation leave as usual. As a result, and through no fault of their own, an employee who reached the vacation leave accrual cap did not accrue additional vacation leave when, under normal circumstances, the employee most likely would have used leave to bring them below the maximum vacation accrual cap. The purpose of this policy is to create pandemic vacation carryover leave which will be credited to employees who stopped accruing vacation leave at any time during the period of April 1, 2020 through September 30, 2020 because they reached the maximum vacation accrual cap. Eligibility. A full-time employee who did not accrue vacation leave from April 1, 2020 through September 30, 2020 because they reached the maximum vacation accrual cap is eligible for Pandemic Vacation Carryover Leave. Pandemic Vacation Carryover Leave. Any full-time employee who reached the maximum vacation accrual cap at any point from April 1, 2020 through September 30, 2020 shall be credited for any vacation leave they did not accrue during that time period, but would have accrued had they not reached the maximum vacation accrual cap. This one-time pandemic vacation carryover leave will be transferred to a pandemic vacation carryover leave accrual account. Employees may use pandemic vacation carryover leave in the future to take paid time off. Human Resources will review each individual employee’s accrual record to determine how much vacation leave an employee did not accrue from April 1, 2020 through September 30, 2020 because they reached the maximum vacation accrual cap. This uncredited vacation leave will be transferred to the employee’s pandemic vacation carryover leave accrual account effective November 1, 2020. Maximum Accrual Allowed. Employees shall only be credited with the actual vacation leave that they did not accrue because they reached the maximum vacation accrual cap from April 1, 2020 through September 30, 2020. Expiration of Pandemic Vacation Carryover Leave. Any unused pandemic vacation carryover leave will expire on October 31, 2022. Pandemic Vacation Carryover Policy Page 2 Scheduling Pandemic Vacation Carryover Leave. Employees shall request leave 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. Leave requests by Department Directors are subject to the approval of the City Manager, or his or her designee. Leave 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 leave is requested within a reasonable amount of time and confirm they will have adequate leave accruals to cover the requested time off. Holidays during Leave. Official holidays occurring during an employee’s leave shall be paid as holiday pay and not considered pandemic vacation carryover leave. Leave during Disciplinary Suspension. An employee on disciplinary suspension forfeits all claims to use pandemic vacation carryover leave for the duration of the disciplinary suspension. In no case shall pandemic vacation carryover leave be granted to an employee during a disciplinary suspension to supplement pay lost due to the disciplinary suspension. Pandemic Carryover Vacation Leave Payout upon Termination of Employment. Employees who separate from City employment for any reason shall not be entitled to receive payment for accumulated, unused pandemic vacation carryover leave. Approval and Effective Date. This policy was approved by City Council on October 20, 2020 by Resolution No. 20-045 and is effective November 1, 2020. This policy automatically expires on October 31, 2022.