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2003-038 ResolutionCity of Southlake, Texas OFFICIAL RECORD RESOLUTION NO. 03-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, ADOPTING A REDUCED WORK SCHEDULE POLICY. WHEREAS, the City of Southlake (the "City") recognizes that there are times when an employee may desire -to reduce the normal work hours of the employee's position for various reasons that benefit the employee and/or the City; and WHEREAS, the City recognizes that due to financial conditions, it may be desirable to reduce the work hours of a position to avoid layoffs, to reduce operating costs, or to avoid adverse financial conditions; and WHEREAS, a reduced work schedule may be beneficial in certain circumstances and allow employees to work a shorter workweek while maintaining some benefits, and the City is able to adjust to changing workloads while retaining a valued employee; and WHEREAS, the City desires to establish a personnel policy to provide a systematic and organized approach for the approval and administration of a reduced work schedule; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, THAT: Section 1: The City of Southlake hereby adopts the Reduced Work Schedule policy, a copy of which is attached hereto as Exhibit "A" and which is incorporated by reference herein. Section 2: This resolution shall become effective after its passage and adoption by the City Council. PASSED AND APPROVED THIS THE DAY OF V U 1 ATTEST: Lori Farwell, City Secretary Andy Wambsganss, Mayor I 1111111111j, ovIHLgkc"' s NAHuman Resources\Director\CCOUNCIL\resolution 03-038, Reduced Work Schedule policy.DOC 2003. Citv of Southlake Personnel Policies Section: Wage and Salary Administration Effective Date: July 16, 2003 Approved Bv: Resolution No. 03 -03811tH / Reduced Work Schedule 1.0 Purpose and Scope Topic: Reduced Work Schedule Revision Date: The City recognizes that there are times when an employee may desire to reduce normal work hours of a position to a reduced work schedule (RWS) for various reasons that benefit the employee and/or the City. The City may also desire to reduce the work hours of a position to avoid layoffs, to reduce operating costs, or to avoid adverse financial consequences. The employee is permitted to work a shorter workweek while maintaining some benefits and the City is allowed to adjust to changing workloads and economic conditions while retaining a valued employee. This policy is to provide a systematic and organized approach for the approval and administration of reduced work schedules. This policy applies to all regular, non -supervisory, full-time employees. This policy does not apply to sworn police or fire personnel. 2.0 Definitions 2.1 Exempt Emplovee — An employee who performs an executive, administrative or professional function as defined in the Fair Labor Standards Act. 2.2 Non -Exempt Emplovee — an employee who is not exempt from the provisions of the Fair Labor Standards Act. 2.3 Reduced Work Schedule (RWS) — A reduction in the normal workweek hours from the traditional forty (40) hour workweek to a thirty (30) hour workweek. This may be a temporary assignment, or when approved through the City budget process, a permanent reduction in hours. 2.4 RWS Emplovee — A regular, non -supervisory, full-time employee approved to work a reduced work schedule. An RWS employee may serve in an exempt or non-exempt position. 2.5 Supervisor— An employee in a position required to oversee and direct other employees on a regular basis. Reduced Work Schedule Effective: July 16, 2003 Page 2 of 7 3.0 Policy A reduced work schedule may be requested by an employee, supervisor, or Department Director. All requests must take into consideration the impact on the department and City services. Requests for reduced work schedules shall be considered on a case-by- case basis and shall not be approved if doing so would adversely affect customer service or work group productivity, or is otherwise detrimental to the good order of business. A reduced work schedule shall not become effective without the City Manager's written approval, and is subject to revocation at any time if it is in the City's best interest. 3.1 Compensation: 3.1.1 A non-exempt employee placed on a reduced work schedule shall be paid based on the number of hours worked. If an RWS employee works more than forty (40) hours in a workweek, the employee shall be compensated with overtime or compensatory time as provided in the City's overtime and compensatory time policies. 3.1.2 An exempt employee placed on a reduced work schedule will be paid at 75% of the employee's normal salary, regardless of the number of hours actually worked, until the reduced work schedule is discontinued. 3.2 Benefits: 3.2.1 A non-exempt employee must work and/or utilize paid leave, a minimum of 30 hours per week (hours worked, vacation, compensatory, sick and/or holiday) to maintain benefits. 3.2.2 Provided the threshold established Section 3.2.1 is met, insurance coverage and premiums will remain in effect for RWS employees on the same basis as available to full-time, regular employees. 3.2.2 Vacation leave, sick leave, and holiday pay shall accrue at 75% of the normal rate as provided for in the applicable City policies governing the accrual of same. 3.3 Procedure: 3.3.1 Reauest by Emplovee: A regular full-time, non -supervisory employee may submit a written request to be considered for a reduced work schedule. The request shall specify the reason for the request, the estimated duration of the assignment, and the days and hours that the employee wishes to work. 7/16/2003 & Reduced Work Schedule Effective: July 16, 2003 Page 3 of 7 3.3.1.1 The request shall be approved by both the employee's supervisor and Department Director before being submitted to the City Manager for consideration. 3.3.1.2 Upon approval by the City Manager, the employee may begin to work the reduced schedule. If an employee desires a change in the approved schedule, it shall be considered as a new RWS request. 3.3.1.3 If it is determined that department needs are not being met under a reduced work schedule, the Department Director, after approval by the City Manager, may discontinue the reduced work schedule, as described in Section 3.5, and require the employee to return to a regular forty (40) hour workweek. An order for a return to a 40 hour workweek shall not be imposed for punitive or disciplinary reasons. 3.3.1.4 An employee who fails, upon thirty (30) days notice, to return to a forty (40) hour workweek will be subject to termination.. 3.3.2 Request by Supervisor/Director: A supervisor or Department Director may request that a position be placed on a reduced work schedule if it is determined that the reduced schedule is necessary to reduce operating costs, avoid layoffs and/or to avoid adverse financial consequences. The request shall specify the reason for the request, the estimated duration of the assignment, and the days and hours that the employee will work. If approved by the City Manager, a Department Director may require an employee to comply with the reduced work schedule. 3.3.2.1 Upon approval, the Department Director shall notify the employee of the schedule change at least thirty (30) calendar days before the effective date. 3.3.2.2 An employee who is unable to work the reduced schedule will be subject to termination. 3.4 Annual Review: The City Manager or Department Director may review positions in a reduced work schedule status as necessary, but at least annually during budget preparation. 3.5 Reduced Work Schedule Discontinuation: 3.5.1 Discontinuation by City: The City Manager, through the employee's Department Director, may require a RWS employee to return to a forty 40) hour workweek if it is determined that the fiscal conditions which 7/16/2003 't Reduced Work Schedule Effective: July 16, 2003 Page 4 of 7 created the need for the reduced workweek have abated, or if the needs of the department are not being met, as provided for in Section 3.3.1.3. 3.5.1.1 The Department Director shall notify a RWS employee, in writing, at least thirty (30) calendar days before the reduced work schedule is to terminate. 3.5.1.2 A RWS employee who does not return to a forty (40) hour workweek after being requested to do so, will be subject to termination. 3.5.2 Reauest by Emnlovee: A RWS employee who works a reduced workweek at the employee's request, may submit a written request to return to a forty (40) hour workweek schedule. The request shall specify the reasons for the request to discontinue the reduced work schedule status. 3.5.2.1 The employee's supervisor and Department Director shall consider the request, taking into account the department workload and the City's fiscal condition, before it is then submitted to the City Manager for consideration. 3.5.2.2 Upon approval of the discontinuation, the employee may return to a forty (40) hour workweek. 3.6 Permanent Work Schedule Reduction: 3.6.1 A Department Director may request, during the budget process, that a position be permanently reduced to a thirty (30) hour workweek if it is determined that the duties required of the position can be performed in a reduced workweek schedule. 3.6.1.1 Upon approval, an employee in a position to be permanently reduced shall be notified in writing of the change at least thirty 30) days prior to the effective date. 3.6.1.2 Compensation and benefits for permanent RWS employees will continue as described in Sections 3.1 and 3.2 above. 3.6.1.3 Once a position has been permanently reduced to a part-time position, it cannot be reinstated to a full-time position without approval through the budget process. 7/16/2003 t/ Reduced Work Schedule Effective: July 16, 2003 Page 5 of 7 3.7 Reclassification of Vacant Positions: This policy shall not apply to the reclassification of a vacant position from full- time to a part-time position. A request for such reclassification shall be processed as part of the budget preparation process. 3.8 Appeal: An employee who is directed to work a reduced work schedule or to return to a 40 hour workweek schedule and does not desire to do so, may appeal the directive by following the appeal procedures set forth in the City's grievance policy. 3.9 At -Will Emplovment: All employees of the City serve at the will and pleasure of the City. Neither this policy nor any policy of the City nor any statement of a city official, shall be construed as granting a property interest in employment with the City. The existence of this policy does not constitute any limitation on the rights of the City to manage its affairs. The City reserves the right to interpret, change, suspend, cancel or dispute, with or without notice, all or part of this policy. Before implementation of any change, Employees will receive a copy of the change in policy. 7/16/2003 ' v Reduced Work Schedule Effective: July 16, 2003 Page 6 of 7 ACKNOWLEDGMENT FORM CITY OF SOUTHLAKE Reduced Work Schedule Policy I, acknowledge that I have received a copy of the Reduced Work Schedule policy on . I have read the policy and understand my rights and responsibilities as they pertain to this policy. Provisions of the policy include, but are not limited to: Signature A reduced work schedule is temporary, unless approved as a permanent reduction through the City budget process. Written notification will be provided to an employee when a reduced work schedule is applied, discontinued, or made permanent. Insurance coverage and premiums will remain in effect for RWS employees on the same basis as available to full-time, regular employees. Vacation leave, sick leave, and holiday pay shall accrue at 75% of the normal rate as provided for in the applicable City policies. A RWS employee may request to return to a normal 40 -hour workweek schedule. Approval is at the discretion of the Department Director and City Manager. The City Manager or a Department Director may require a RWS employee to return to a normal 40 -hour workweek schedule. An employee who, after notice, is unable or unwilling to return to a 40 -hour - workweek when requested, will be subject to termination. Department/Division 7/16/2003 0 Reduced Work Schedule Effective: July 16, 2003 Page 7 of 7 CITY OF SOUTHLAKE EMPLOYEE REDUCED WORK SCHEDULE REQUEST Name: Position: Reason for Request: Proposed Work Schedule: Estimated Duration of Reduced Work Schedule: Date: Department: By submitting this form, I acknowledge that I am requesting to be treated as an RWS employee. I acknowledge that I have read and understand the Reduced Work Schedule policy. If I am unable or unwilling to return to a 40 -hour workweek when requested to do so, I will be subject to termination. Employee Signature Date Office Use: Remarks: Supervisor Signature Date Department Director Signature Date Approved Disapproved City Manager Signature Date 7/16/2003 'p