2003-043City of Southlake, Texas
RESOLUTION NO. 03-043 OFFICIAL RECORD
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, AMENDING THE CITY OF SOUTHLAKE
PERSONNEL POLICIES REGARDING EMPLOYEE BENEFITS,
INCLUDING VACATION, COMPENSATORY TIME, AND SICK LEAVE
BENEFITS; AND IMPLEMENTING A ONE-TIME MONETARY
REDUCTION OF EMPLOYEE'S ACCRUED VACATION AND
COMPENSATORY LEAVE.
WHEREAS, the City of Southlake (the "City") provides various benefits to its
employees, including vacation leave, sick leave, compensatory time off, and other benefits; and
WHEREAS, the City recognizes the value of paid time off in providing employees with
a mental and physical rest and relaxation period, and encourages employees to avail themselves
of their earned vacation and compensatory time off; and
WHEREAS, the City must make diligent effort to protect the public funds entrusted to it
and manage its financial liability; and
WHEREAS, a policy revision is necessary to limit employee accruals of vacation leave,
sick leave, and compensatory time off, and in association therewith, to authorize the
compensation of employees for accrued vacation and compensatory time off; NOW
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, THAT:
Section 1: The City of Southlake hereby amends the Personnel Policies to adopt revisions to
Chapter 4, "Wage and Salary Administration," and Chapter 6 "Employee Benefits," effective
October 1, 2003. Said revisions are attached hereto as Exhibit "A" and incorporated by
reference herein.
Section 2: The City Manager is authorized to compensate employees for their accrued vacation
time in accordance with this Section. Such compensation will be paid from the City's General
Fund balance prior to September 30, 2003. No purchase of vacation leave shall be authorized
after September 30, 2003, other than as provided for in the Personnel Policies as amended.
Accrued vacation leave will be reimbursed subject to the following restrictions:
a) Regular employees, with the exception of fire shift personnel, will be compensated
for any accrued vacation leave balance in excess of 160 hours, and may be
compensated, at the employee's option, for all balances in excess of 80 hours.
b) Fire shift personnel will be compensated for any accrued vacation leave balance in
excess of 264 hours, and may be compensated, at the employee's option, for all
balances in excess of 120 hours.
Resolution No. 03-043
Page 2
Section 3. The City Manager is authorized to reimburse employees for their accrued
compensatory time balances. Such compensation will be paid from the City's General Fund
balance prior to September 30, 2003. No purchase of compensatory time off shall be authorized
after September 30, 2003, other than as provided for in the Personnel Policies as amended, or in
state law.
Section 4: Employees with accrued sick leave balances greater than the limits specified in the
Personnel Polices as amended herein, will be allowed to retain those accrued sick leave hours,
however, any further accruals shall cease until such time as the employee's sick leave balance
has been reduced below the maximum specified in the Personnel Policies.
Section 5: This resolution shall become effective after its passage and adoption by the City
Council.
PASSED AND APPROVED THIS THE DAY OF J u U , 2003.
ATTEST:
4,,- a 4,,
Lori Farwell, City Secretary
Andy Wambsganss, Mayor
Co
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NAHuman Resources\Director\CCOUNCIL\resolution no. 03-043, Vacation, comp, sick leave.DOC
Citv of Southlake
CHAPTER 4
WAGE AND SALARY ADMINISTRATION
Section 1: Classification and Compensation Plan
A classification and compensation plan shall be prepared annually by the City Manager and
submitted to the City Council for approval as part of the annual budget.
Section 2: Salary Rates
In order to keep City salary rates current, uniform and equitable, the City Manager or the City
Manager's designee may prepare an annual analysis of prevailing salaries for similar positions in
the City and the City's competitive labor market, taking into account the variables which may be
pertinent in establishing salaries or recommending changes to existing salary rates. The City
Manager or the City Manager's designee may recommend whatever adjustments or revisions,
including cost -of -living adjustments that in their opinion may be necessary in order to maintain
both the internal and external integrity of the salary rate structure.
Section 3: Salary Increases
Eligibility for salary increases is dependent upon both job and performance. Salary increases are
not automatic, but rather must be earned. Salary increases for each regular employee shall be
considered and reviewed, taking into account the factors indicated in Section 2 of this chapter, on
the anniversary date of an employee's date of hire.
Section 4: Salary Reduction
Department heads, with the approval of the City Manager, may reduce the salary of any employee
under their control at any time when they deem it necessary for the proper administration of the
affairs of the City. Such decisions which affect regular employees are subject to appeal through
the City's complaint and grievance procedure.
Section 5: Total Remuneration
No employee shall be paid at a base rate more than the maximum for a position's classification.
Budgeted salaries shall be considered maximum salaries.
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Chapter 4 — Wage and Salary Administration
Section 6: Original Appointment
The minimum rate of salary for a classification normally shall be paid upon original appointment.
However, with the approval of the City Manager, a new employee may be started above the
minimum rate of salary for a classification based upon circumstances such as experience, unique
skills or other factors deemed important by management. After the probationary period, if
merited, the salary may be raised, not to exceed the maximum allocated for the position, as listed
in the current budget.
Section 7: Compensation of Temporary and Part -Time Emplovees
An employee who regularly works less than the established hours of employment for each month
may be paid by the hour or pursuant to a wage scale proportional to the amount of time worked.
The salary rate or hourly pay must be set by the City Manager or the City Manager's designee.
Section 8: Overtime
A. Employees may from time to time be required to work hours in excess of their
official hours, when determined necessary by departmental management. Specific
extra work assignments shall be rotated and allocated as evenly as possible among
employees qualified to do the work. Employees are expected to respond to a
reasonable request to work extra hours and may be subject to disciplinary action
for failure to stay or report for such hours.
B. Regular, probationary, part-time and temporary nonexempt employees shall
receive overtime compensation. Employees in positions that meet the executive,
administrative or professional exemption tests in the Fair Labor Standards Act
FLSA) regulations are not eligible for overtime compensation.
C. The City Manager or City Manager's designee is responsible for determining the
exempt/nonexempt status of positions in accordance with guidelines established
by the federal government applicable to the Fair Labor Standards Act.
D. overtime shall be paid to nonexempt employees at one and one-half (1-1/2) times
the regular rate of pay for hours worked over forty (40) hours in the work week.
Hours worked is defined as those actually worked, and/or holiday hours, on behalf
of the employer excluding paid sick leave and other paid time off other than
holiday hours.
E. Nonexempt employees performing work at any time other than authorized
working hours is strictly forbidden unless authorized in writing by the employee's
supervisor. Prior to working on such occasions, employees must check with their
supervisors to make certain that overtime is or will be authorized.
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Chapter 4 — Wage and Salary Administration
F. F. Compensatory Time Off in Lieu of Overtime:
1) A Nnonexempt employees may request from his or her supervisor, that the
employee be given compensatory time off in lieu of monetary overtime pay.
Whenever- possible, eempensatoFy time off should be taken by the employee
during the pay period whieh ;t a eruct r ti,c rfiivingPaype'ed. az
Gene..ally, em .liemployeemjazCup +„ nnn t,OHN, of eemns., petery time ( n
hours of aetual e et4i e work). Fire and peliee personnel may aecurnu!a"
t 480 i.eur-, of erpe atc y time. Compensatory time is accrued at the rate
of one and one-half (1-1/2) hours comp time for each hour of overtime
worked.
2) Whenever possible, compensatory time off should be taken by the employee
during the pay period in which it accrues or the following pay period. Use of
compensatory time off is subiect to approval of the employee's supervisor.
3) Employees may accrue a maximum of 48 hours in compensatory time off. All
other overtime worked shall be paid in wages.
Section 9: On -Call and Call Backs
A. On-call is all time after regularly scheduled working hours when a nonexempt
employee is designated to be available for call-back. The employee is free to
pursue personal activities but must respond to summons within designated
guidelines set by the department head. Employees are expected to accept
assignments by the supervisors to be on-call.
B. A nonexempt employee will be considered to be officially scheduled and
designated as on-call when on-call need has been identified by the department
head, and instructions have been communicated by the department head to the
employees concerned. Call-back procedures shall be established for each
department by the department head, subject to approval by the City Manager.
Section 10: Method of Pavment
Salaries shall be paid in twenty-six (26) pay periods for regular employees and twenty-four (24)
pay periods for Fire Services employees. Checks will be released to employees on Fridays on a
biweekly basis for regular employees and semi-monthly basis for Fire Services employees. If a
scheduled payday falls on a holiday, paychecks will be issued the day proceeding the holiday.
Section 11: Terminal Pav
All employees who leave the service of the City for any reason shall receive all pay which may
be due them with the following qualifications:
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Chapter 4 — Wage and Salary Administration
A. Only regular employees who have completed twelve months of continuous
employment shall be paid for unused vacation time, not to exceed 240 hours (360
hours for fire shift personnel):
B. Any indebtedness to the City, which the employee may have incurred, shall be
deducted from the final paycheck.
C. With the approval of the City Manager, employees who have completed twenty
20) or more years of continuous service with the City of Southlake and separate
from City employment for any reason except by involuntary termination, or who
retire from City employment under the City's retirement program with at least ten
10) or more years of continuous service with the City of Southlake, shall be paid
for accumulated sick leave upon retirement or separation. Such payment lifflited
to -shall not exceed an amount equivalent to four hundred (400) hours of leave
time.
Section 12: Advance Pav
No full or partial advance payment of salary will be made to any employee.
Section 13: Pavroll Records
All department heads are required to furnish the City Manager an accurate payroll report of all
employees. The payroll report submitted by each department head should reflect the pay status
for each employee in the department on each day during the payroll period. The City Manager
shall review all payroll reports and status papers and, if approved, shall submit them for the
issuance of salary paychecks.
Section 14: Credit Union
All employees are eligible to become members of an employee credit union. As a credit union
member, employees may elect to have savings deducted from their paychecks.
Section 15: Deferred Compensation
Consistent with federal and/or state laws, the City may offer employees the option of deferring
compensation and thereby reduce an individual employee's income tax liability. The City
Manager or the City Manager's designee shall administer any deferred compensation programs
and may promulgate any necessary rules and regulations.
Section 16: Retirement
The City of Southlake is a member of the Texas Municipal Retirement System. The purpose of
the Texas Municipal Retirement System is to provide a dependable plan for the retirement of
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Chapter 4 — Wage and Salary Administration
employees of Texas municipalities. All eligible employees are required to become a member of
the TMRS.
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Citv of Southlake
CHAPTER 6
EMPLOYEE BENEFITS
Section 1: Holidays
A. Paid holidays are extended to every regular employee. Every other employee is
extended the official holiday, without pay.
B. The following official holidays will be observed:
1. New Years Day (January 1);
2. Martin Luther King, Jr. Day (third Monday in January);
3. Good Friday (Friday before Easter);
4. Memorial Day (last Monday in May);
5. Independence Day (July 4);
6. Labor Day (first Monday in September);
7. Thanksgiving Day (fourth Thursday in November);
8. Day after Thanksgiving (fourth Friday in November);
9. Christmas Eve (December 24); and
10. Christmas Day (December 25).
C. When an official holiday falls on a weekend, the following alternative schedule
applies:
1. A holiday which falls on a Saturday will be taken on the Friday before the
holiday; and
2. A holiday which falls on a Sunday will be taken on the Monday after the
holiday.
D. A regular full-time employee shall receive holiday pay equivalent to a standard
eight (8) hour workday, unless the employee is on a reduced work schedule as
provided for in the Reduced Work Schedule policy, in which case, the Reduced
Work Schedule volicv applies.
E. In a department in which employees regularly work on holidays, the department
head shall arrange schedules to allow each employee who works on a holiday a
substitute holiday either before or after the holiday, but within a reasonable period
of time.
F. An employee will not receive pay for a holiday if he or she is:
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1. Absent without leave either the day before or the day following an official
holiday; or
2. Absent without leave on a holiday on which the employee is normally
scheduled to work.
G. An official holiday occurring while vacation leave or sick leave is being taken will
be reflected as a holiday on the payroll and no deduction from the vacation or sick
leave balance will be made for the holiday.
H. An employee on military leave, court leave, or death -in -family leave when a
holiday occurs may take the holiday at a subsequent date convenient to his or her
department.
I. Since final settlement of monies due an employee separated from the payroll
because of death or termination for cause is paid in a lump sum, no holiday
occurring after the date of death or termination will be included in the
determination of the settlement.
Section 2: Vacation Leave
A. Employees with the exception of those appointed to part time or temporary
positions accrue vacation leave during their first year of employment, but vacation
leave may not be used until twelve months of continuous service is completed.
Vacation leave does not vest until the completion of twelve months continuous
service. Vacation leave is forfeited if employment is terminated before
completion of twelve months continuous service.
B. A person reappointed to a position accrues vacation leave at a rate determined by
the number of years of continuous full-time service and may both accrue and use
vacation leave during his or her probation after reappointment.
C. Employees in regular positions shall receive vacation leave at the following rates:
1. After twelve (12) months of continuous employment, 80 hours (2 weeks) of
annual vacation leave, accrued at the rate of 3.08 hours per pay period for all
employees with the exception of those that work 24 hours on and 48 hours off
2912 employees). After twelve (12) months of continuous employment, 2912
employees will earn 120 hours (2 weeks) accrued at the rate of 5 hours per pay
period.
2. After five (5) years of continuous employment, 120 hours (3 weeks) of annual
vacation leave, accrued at the rate of 4.62 hours per pay period with the
exception of 2912 employees. After five (5) years of continuous employment,
2912 employees will earn 180 hours (3 weeks) at the rate of 7.5 hours per pay
period.
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3. After ten (10) years of continuous employment, 184 hours (4 weeks, 3 days) of
annual vacation leave, accrued at the rate of 7.08 hours per pay period with the
exception of 2912 employees. After ten (10) years of continuous employment,
2912 employees will earn 264 hours (4 weeks, 3 days) accrued at the rate of
11 hours per pay period.
4. After twenty (20) years of continuous employment, 208 hours (5 weeks, 1 day)
of annual vacation leave, accrued at the rate of 8.00 hours per pay period with
the exception of 2912 employees. After twenty (20) years of continuous
employment, 2912 employees will earn 288 hours (5 weeks, 1 day) accrued at
the rate of 12 hours per pay period.
All vacation leave accrual rates shall be based upon the employee's anniversary
date. The City Manager- may implement speeial Fulls ;stent with state yaw
for- personnel of the Poliee and Fire DepaAmepAs-.
D. Vacation Leave Balances
1. Except as set forth in paragraph D(2), regular employees shall not be
permitted to eat -ever -accrue more than two hundred forty (240)
hours of vacation leave at any time-. Vacation leave will cease to accrue when a
reizular employee's vacation leave balance reaches two hundred forty (240) hours.
2. Fire shift personnel (2912 employees) shall not be permitted to accrue more than
three hundred sixty (360) hours of vacation leave at any time. Vacation leave will
cease to accrue when a fire shift employee's vacation leave balance reaches three
hundred sixty (360) hours.fromyear- te-yean Howe -ver, the C4ty Mana= rsay
waive this limitation if the needs ef the Civ,, pr-eelude the takinz 9f vaeatien lea-ve,
tgeh would othefA4se be Inst bo,.. use „ftp,;. limitation
E. Requests for vacation leave are subject to approval by an employee's department
head prior to the request being granted. Vacation requests by department heads
are subject to the approval of the City Manager. A department head shall
schedule an employee's vacation giving consideration to the ability of the
remaining staff to perform the work of the department. The employee has the
responsibility to assure that the leave request is made within a reasonable length
of time prior to the commencement of the leave.
F. Upon termination of service, a regular employee who has completed twelve (12)
months of continuous employment will be paid for any unused vacation time4hat
aeefued during the year, not to exceed 240 hours (360 hours for fire shift
personnel).
G. An official holiday occurring during an employee's vacation will not be
considered as vacation leave.
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H. Vacation leave cannot be taken in increments of less than four (4) hours.
I. Temporary and part-time employees are not eligible for vacation leave.
J. An employee on disciplinary suspension forfeits all claims to use l—of
vacation leave for the duration of the disciplinary suspension. In no case shall
vacation time be granted an employee during the course of a disciplinary
suspension as a means to supplement pay lost as a result of the disciplinary
suspension.
K. Vacation leave shall not accrue during leave of absences without pay.
Section 3: Sick Leave
A. The intent of sick leave is to prevent loss of income to employees who are absent
due to illness or injury, which is not job-related.
B. Part time or temporary employees are not eligible for sick leave.
C. With the exception of fire shift personnel, reizular emplovees shall accrue sick
leave at the rate of 3.08 hours per pav period (10 days per year), up to a maximum
of 720 hours. Fire shift personnel shall accrue sick leave at the rate of 7.5 hours
per pay period (7.5 shifts per year), up to a maximum of 720 hours. Sick leave
accruals shall cease when an emplovee's sick leave balance reaches 720 hours.
QD. Sick leave shall not be granted in increments of less than two (2) hours without
prior approval of the employee's department head.
13:E. Sick leave may be allowed in case of doctor appointments, personal illness,
physical incapacity of an employee, or when it is necessary to care for a family
member residing in the employee's household who is ill or incapacitated.
F. Whenever possible, notice of absence due to an illness, injury or other unexpected
reason must be given by the employee to a supervisor within two (2) hours before
starting time. The employee shall report on each succeeding day of absence.
Failure to give notice may result in the employee being declared absent without
leave and subject to disciplinary action.
lG. An employee may be required to furnish his or her supervisor or the City Manager
with a statement from an attending licensed physician when:
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1. there is reasonable cause to question arta-the merits of an employee's
claim that his or her absence was due to illness or injury of the employee
or of a family member residing in the employee's household; or
2. the employee's safety or ability to work is in question; or
3. there is a question of sick leave abuse; or
4. the safety or efficiency of the work unit is in question, car:
5. the emvlovee has been absent from work for three (3) work days or lonaer.
H. Com. An employee who has been absent because of illness or injury may be
required to submit to a physical examination by a licensed physician selected by
the City. In such cases, (1) The employee may return to work upon certification
by the examining physician that the employee is physically or mentally fit to
return to work. (2) If the employee is certified fit for limited or light duty, but not
his or her regular duty, the employee may, at the discretion of the City, be required
to report for light or limited duty.
I. An employee who is released by an examining physician to return to regular or
light duty and refuses to report for work or perform his or her assigned duties is
subject to disciplinary action, un to and including termination.
I. When an etnp' aeeu ..u'.etea siev leave has been exhaustedunused __a+_,,,,
time may be used as siek leave upen request of the o ple ee and 1 f'tl,a, approval vi ua
deparrmerthead. When the -abJense-exeeees the amount of paid leave 0 a..o..r...a.
atAerized-,4heemp!oyee may, a4 the .aiser-etion of the City Manager, be plaeed e
leave absenee without pay until he or she returns Oct we
J. Absences in excess of ninety (90) days will be evaluated and consequent action
will be determined by the City Manager in consultation with the department.
K. Sick leave will not be advanced, nor will sick leave accrue during leaves of
absence without pay.
L. Employees shall not be entitled to sick leave when absent from work due to illness
or injury resulting from a job with another employer.
M. Employees who are separated from City employment for any reason shall not be
entitled to receive pay for accumulated sick leave, except that, an employee will
be granted, upon retirement or separation, a lump sum payment of sick leave
remaining to his or her credit in any amount that does not exceed four hundred
400) hours when he or she:
4-.1. a retires from City employment under the City sponsored program and is
immediately eligible to receive retirement payments; and
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2-.1.(b) has at least ten (10) years of continuous employment with the City of
Southlake; or
2.tern%»;aces separates from employment for any reason except for involuntary
termination, with twenty (20) or more years of continuous full-time service.
Section 4: Death-in-Familv Leave
A. An allowance of up to five (5) working days, per incident, with pay may be
extended to any employee when an employee's spouse, child(ren), or stepchildren
die.
B. An allowance of up to three (3) working days, per incident, with pay may be
extended to any employee when a member of the employee's immediate family,
other than those listed in section 6.4.A, dies.
Section 5: Court Leave
A. Employees shall be granted court leave with pav, when summoned for jury duty or
when appearing as a witness on behalf of the City or as a consequence of his or
her official City duties.or- to appear as a witness.
C. Employees must notify their supervisors upon receiving a summons for which
court leave is requested, and shall submit appropriate documentation verifvin> the
nature and duration of absence in order to receive court leave with pay.
D. All fees paid and expenses reimbursed by the court may be retained by the
employee, provided that the City did not furnish travel, meals, lodging or
miscellaneous expenses and further, that the employee is not appearing as a
witness on behalf of the City or is appearing as a consequence of his or her official
City duties.
Section 6: Leave Without Pav
A. Leave without pay is granted as a matter of administrative discretion. No
employee may demand leave without pay as a matter of right, but it may be
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granted to any employee when deemed appropriate by the City Manager,
including but not limited to the following reasons:
1. To participate in training that would result in increased job ability;
2. To achieve an educational level necessary to advancement in the City;
3. To perform a service that will contribute to the public welfare;
4. authorized leave for family and medical reasons pursuant to the Family
Medical Leave Act of 1993 and the City's FMLA Leave policy.
4. T&4eeever--froni an illness or disability, not believed to be ef „ r ent
or- disqualifying natwe, for- which siek leave and vaeation benefits h
been exhausted ov of available;
G. `7 'hen return to work would threaten the hea th ef 'tet iers; and,
4. T faK y -ne ber :he is liar ih-capacitate
B. An employee who requests and is granted an extended leave without pay shall
have no guarantee of any particular job upon return to work, but shall be subject
to the availability of the particular job.
C. An employee granted leave without pay must physically return to work to retrieve
sick leave credit, but will be paid for any vacation leave balance due if the
employee terminates. Payment of the vacation leave balance will be at the pay
rate in effect at the beginning of the leave without pay.
Section 7: Fytended illness, 'ty, or-Mater-nitV Leave Familv Medical
Leave
n e ,1., empleyees may use „cumulated siek leave, vaeation leave,d , at„ , time fo
the ptffpese of paid release time to reeever- fiom an extended illness or- temporary disability
whieh will require the empleyee to be absent ftoni the job due to ineapacitation. if aeeumulmed
leaveor- eompensa4ofy-4ifn2 io not available,`'z pz7teces-iuTicq t—iFrrval-vr-leave wihetc
pay for- these pwposes. Request fe. !--,- .'-. extended illness or- temper-ary disability must be.
appreved prior- to the first d of lea -.,e unless emer-geney een- ---o:-s Pi4or- to beginning
stieh leave, the erapleyee must pFevide a statement eoneer-ning his or her intentions of returning
to -work. Th,a empleyee may be required to previde a medieal , eetlor'3 :tcatomznt to the
e .rquir
statements ffom the medieal doeter as to the employee's fnedieal stattis and Whether- er- not the
employee will be able to retum to wefk and peffefm job duties safely and aeeor-ding to the 1
A leave of absenee f , .,, ,to..,;t„Feasens ,;11 be er-ded and treated
rrpporwdisability. Pr-egfiant employees will be expeeted to wer-k as long as their- physieian indieateg that
the), are eapable of per-fei+ning their job duties safely, and satisfaeter-ily, and will be expeeted to
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Eligible emplovees are authorized leave for family and medical reasons in accordance with the
provisions of the Familv Medical Leave Act of 1993, and as provided for in the Citv's FMLA
Leave wlicv.
Section 8: Voting
Employees are urged to register and to vote; however, regular employees should make every
effort to vote outside of normal working hours or to vote absentee.
Section 9: Military Leave
Policy updated effective 9/30/2001 by Resolution Number 01-072 on 12/18/01
The following policy is the updated version.
Military Leave
I. Military Training Leave
A. Eligibility
A regular employee who is a member of the National Guard or reserves of the United
States armed forces shall, upon notification to the department head and submission of
appropriate documentation, be granted leave for a period required to perform active duty
for training. Temporary employees will be given authorized leave without pay for this
purpose.
B. Definition
Active duty for training means to be engaged in short periods of authorized military
training such as cruises, training schools, weekly or weekend drills, and other similar
activities.
C. Length of Leave
In accordance with § 431.005, Texas Government Code, a regular employee engaged in
authorized military training or duties will receive pay and accrue benefits as if the
employee were on the job, for up to 15 work days (three calendar weeks) in any one year.
D. Leave in excess of 15 days
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An employee eligible for military leave who is ordered or authorized to participate in
training or other duty for more than 15 work days in one calendar year, will be placed on
leave without pay for any time in excess of 15 work days.
E. Notice to Department Head
An employee shall give as .,,,.e ad -v nce notice as -possible -to his supervisor within 72
hours of receivin, written or verbal military orders regarding dates for military training
leave. Annual or quarterly training schedules should be given to the department head as
the schedules become available to the employee.
F. Rescheduled Work Days
An employee who participates in weekend military training that occurs on a scheduled
workday may reschedule a workday rather than have the absence charged to military
leave, if the employee reschedules the workday within the same workweek.
II. Military Active Duty Leave
A. Active Duty
1. Eligibility
A regular employee who leaves a position with the City for the purpose of
entering any branch of the United States armed forces for extended active duty,
shall be placed in military active duty status and granted a leave of absence. The
employee should give the department head advance notice of the employee's
intent and, for reemployment purposes, submit a copy of the orders for inclusion
in the employee's personnel record.
2. Length of Active Duty
In accordance with § 4312, Title 38, United States Code, an employee may serve a
total of five (5) years on active duty in the armed forces, (six (6) years for Navy
Nuclear Program) and still be eligible for reemployment. An employee's right to
reemployment is not protected for periods of military active duty longer than five
5) years (six (6) years for Navy Nuclear Program).
3. Reemployment
A full-time employee who returns from active duty in the armed forces of the
United States is entitled to reemployment in the same position held upon entrance
to active duty, or in a position of comparable status and pay, if the employee:
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a. is physically and mentally qualified to perform the duties of the
position;
b. was discharged, separated, or released from military active duty
under honorable or general conditions;
C. has not been on military active duty leave for more than five (5)
years (six (6) years for Navy Nuclear Program); and
d. makes a written application for reappointment after discharge,
separation, or release from military active duty and presents
evidence of the discharge, separation, or release from military
active duty, according to the following time lines defined by the
Uniformed Services Employment and Re-employment Rights Act
USERRA) 38 U.S.C. §§ 4301 through 4333:
1) Less than 31 days Active Dutv: The employee must report
to work at the next regular scheduled work period after a
reasonable time to return home safely and an 8 -hour rest
period.
2) Between 30 to 181 days Active Dutv: The employee must
submit a written application within 14 days of release of
service.
3) More than 181 days Active Dutv: The employee must
submit a written application within 90 days of release of
service.
B. Credit for Military Service
A regular employee with the city upon reemployment from military active duty, will be
allowed full credit for time spent in the military service for the purpose of computing
seniority, vacation and sick leave, and service longevity.
III. Military Partial Pay and Benefits
A regular employee called to active duty in a reserve component of the armed forces will
be granted leave and employee benefits in the following manner.
A. Military Partial Pay defined
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Subiect to fiindina availability, Aan employee will receive military partial pay for up to
six (6) months beginning the first day on active military duty, only if the total monthly
military salary is less than the total monthly city salary. If the total monthly military
salary is greater than the employee's total monthly city salary, the employee may elect to
use paid leave as described in section III. B of this policy. Otherwise, military partial pay
will be calculated as the difference between the employee's total monthly salary from the
City at the time the employee was called to active duty and the employee's total monthly
military salary during the first six (6) months of active military duty. At the end of the
first six (6) months, the City Manager may, for good cause, at his discretion extend the
military partial pay period for an additional six (6) months. The employee must inform
his/her supervisor of any changes in the employee's military pay while receiving military
partial pay from the City.
B. Use of other Paid Leave
At the end of the six (6) month partial pay period, the employee may elect to use any
accrued paid military training leave (defined in section I.), and/or accumulated vacation
and compensatory time leave balances. If the employee elects to use these leave balances,
the leave must be taken in amounts consistent with the employee's regular work schedule
with the City. For example, if the employee was regularly scheduled to work forty (40)
hours per week for the City, the leave must be used at a rate of forty (40) hours per week.
C. Insurance Benefits
The City will continue to pay its portion of the employee's insurance benefits paid prior
to the employee beginning active military duty, with the employee continuing to be
financially responsible for the employee's portion of the premium for the selected
coverage. Payment of insurance benefits will continue in this manner during the six (6)
month military partial pay period, and may be continued an additional six (6) months if
the military partial pay period is extended by the City Manaaer for an additional six (6)
months. If the employee elects to use other accumulated paid leave immediately after the
six (6) month partial pay period expires, insurance benefits will continue until all
available paid leave has been exhausted. Upon exhaustion of paid leave, the employee
may then elect to continue health insurance coverage for a maximum of eighteen (18)
months at a cost to the employee of not more than 102% of the full premium under the
City's plan.
D. Non -Accrual of Additional Leave
Paid leave will not continue to accrue while an employee is on a military leave of
absence.
Section 10: Worker's Compensation
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A. Any City employee becomes eligible for worker's compensation when injured in
the scope of his or her employment for the City of Southlake.
B. Texas state law prescribes that an employee will receive worker's compensation
payments during the recovery and recuperation period. An injured employee is
entitled to medical aid and hospital services 'which are required at the time of
injury, and at any time thereafter, as may be necessary to cure and relieve the
effects of the injury.
C. The City Manager or designee is responsible for administering, pursuant to the
requirements of state law, the City's worker's compensation program.
Section 11: Bad Weather
If weather conditions are such as to make travel conditions hazardous, the City Manager will
make a determination whether City offices shall open late or be closed. The City Manager shall
advise the dispatch office of this determination. This determination affects only nonessential
personnel. For purposes of this section, all fire and police personnel are deemed essential
employees as well as other emergency crews. In lieu of such emergency declaration, any staff
member not reporting or reporting late to work may be charged with vacation leave, sick leave,
or if such is not available, leave without pay.
Section 12: Emulovee Assistance Program
A. The City Manager may, if approved by the City Council, administer an employee
assistance program to provide aid to employees in resolving problems that may
affect job performance, attendance, and employee morale. Some of the broad
categories that may be covered by this program are related to personal, family,
marriage, legal, financial, drug and alcoholism problems.
B. The City Manager or designee may promulgate rules and regulations necessary to
implement any employee assistance program.
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