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Item 9B Ch. 6-- - - j Formatted: Right City 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); S. 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 policy 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. Updated 09 ��' L: \Meetings \City Council \Archives \2003 \07 -15 -03 \Human Resources \9B - Chapter 6.Emplovee Benefits-draft C.doc :` 64ee 3/22/20117-44- 6 -1 Chapter 6 — Employee Benefits Revised: - - - Formatted: Right Resolution No. 03 -043 F. An employee will not receive pay for a holiday if he or she is: 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. L 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: I. 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, Formatted: Page Number i i Updat 09 6 -2 2B- Ch4pter 6.Employee Benefits -draft C_doc - - - - - - - - - - - - - - - - - - _ 3/22/201174412 ^DO3 - - - - -- � Chapter 6 — Employee Benefits Revised: - - - Formatted: Right Resolution No. 03 -043 2912 employees will earn 180 hours (3 weeks) at the rate of 7.5 hours per pay period. 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. 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. Q All vacation leave accrual rates shall be based upon the employee's anniversary date. Th r;t., ra anagff ri riOri.oPt o i ,-„lo ;�to,# ,,.;ti. State i,,,,; Vacation heave Balances t - - Formatted: Bullets and Numbering '- - - Formatted: Indent: Left: OS' 1_ zExcept as set forth in paragraph D(2), regular e mployees shall not bet - - Formatted: Tab stops: Not at 1" permitted to eaFFy e wr- accrue more than to (' two hundred forty (240) Formatted: Bullets and Numbering hours of vacation leave at any time -. Vacation leave will cease to accrue when a regular 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 six (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.fam yea to Ve . H wA T eNVf , th G t., r aanageF m ay P-. 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. l F. Upon termination of service, a regular employee who has completed twelve (12) months of continuous employment will be paid for any unused vacation time that armed ,a,,F* the r, not to exceed 240 hours (360 hours for fire shift personnel . Formatted: Page Number i i Updat 09 6 -3 2B- Ch4pter 6.Employee Benefits -draft C_doc - - - - - - - - - - - - - - - - - - - 3/22/2011744i2DO3 - - - - --� Chapter 6 — Employee Benefits Revised: - - - Formatted: Right Resolution No. 03 -043 l An official holiday occurring during an employee's vacation will not be considered as vacation leave. 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. An employee on disciplinary suspension forfeits all claims to use ^r Reenial 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. -- - - Formatted: Indent: Left: 0.5" B. Part time or temporary employees are not eligible for sick leave. C. With the exception of fire shift personnel, regular employees shall accrue sick leave - - i Formatted: Bullets and Numbering at the rate of 3.08 hours per pay 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 employee's sick leave balance reaches 720 hours. C­ D. Sick leave shall not be granted in increments of less than two (2) hours without -- - - i Formatted: Bullets and Numbering prior approval of the employee's department head. P.- Sick leave may be allowed in case of doctor appointments, personal illness,-- - - i Formatted: Bullets and Numbering 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. 1 . Whenever possible, notice of absence due to an illness, injury or other unexpected -- - - i Formatted: Bullets and Numbering 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. l An employee may be required to furnish his or her supervisor or the City Manager -- - - Formatted: Bullets and Numbering with a statement from an attending licensed physician when: Formatted: Page Number i i Updat 09 6 -4 2B- Ch4pter 6.Employee Benefits -draft C_doc - - - - - - - - - - - - - - - - - - - 3/22/201174- V20 - - - - --� Chapter 6 — Employee Benefits Revised: - - - Formatted: Right Resolution No. 03 -043 I. there is reasonable cause to question as tithe merits of an employee's - - - Formatted: Indent: Left: 1 ", Tab stops: Not claim that his or her absence was due to illness or injury of the employee or at 1.75" 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, or- 5. the employee has been absent from work for three (3) work days or longer. t- - - Formatted: Bullets and Numbering l G- An employee who has been absent because of illness or injury may bet; - - Formatted: Indent: Left: 0.5 ", Hanging: 0.5 ", required to submit to a physical examination by a licensed physician selected by the Tab stops: Not at 1 " + 2.25" City. In such cases, (1) The employee may return to work upon certification by Formatted: Bullets and Numbering 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. t- - - Formatted: Bullets and Numbering G-. 1. 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 up to and including termination H-. 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. t- - - Formatted: Indent: Left: 0.56" 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: Formatted: Page Number i i Updat 09 6 -5 2B- Ch4pter 6.Employee Benefits -draft C_doc - - - - - - - - - - - - - - - - - - _ 3 /2 2/2 0 1 1 74412 ^DO3 - - - - -- � Chapter 6 — Employee Benefits Revised: - - - Formatted: Right Resolution No. 03 -043 4-. from City employment under the City sponsored program and is immediately eligible to receive retirement payments; and -2- (b) has at least ten (10) years of continuous employment with the City oft- - - i Formatted: Bullets and Numbering Southlake; or 2. 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- Family Leave A. An allowance of up to live (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. t- - - Formatted: Bullets and Numbering ,,d ' 1p p ti .,11 „ p i ,ti,st 1 - ,At Section 5: Court Leave A. Employees shall be granted court leave with pay, when summoned for jury duty - 91 - - Formatted: Indent: Left: 0.44 ", Hanging: when ap as a witness on behalf of the City or as a consequence f his her Style: Numbered + Level: 1 + Numbering q uence s or S Style: A, B, C, ... +Start at: 1 +Alignment: Left official City duties. + Aligned at: 2" + Tab after: 2.25' + Indent at: 2.25', Tab stops: 0 ", Left + 1 ", List tab + Not at 2.25' A-. B. Employees m ay b T pA e 1,-t J oUW e -a t the, ,1 P- 4i o 1 of th ,1ep.,,-t, e pA .4 ., em plo y e e of -Ny(1 i perso l;t iga t ien B-. C. Employees must notify their supervisors upon receiving a summons for which court leave is requested and shall submit appropriate documentation verifying the nature and duration of absence in order to receive court leave with pay C­ 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 Pay Formatted: Page Number i i Updat 09 6 -6 2B- Ch4pter 6.Employee Benefits -draft C_doc - - - - - - - - - - - - - - - - - - - 3/22/201174412 ^DO3 - - - - --� Chapter 6 — Employee Benefits Revised: - - - Formatted: Right Resolution No. 03 -043 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 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 -� - - Formatted: indent: Left: 1 ", Hanging: 0.5 ", Medical Leave Act of 1993 and the City's FMLA Leave policy. Tab stops: Not at 2.25' 4 To- ve eovpff - +; ^ ;-Incas thi i t. n ot believed to be of ^ w „# Formatted: Bullets and Numbering or discrd "i fm 40':hieh sicllleave And vaeation here -rts4 hoe o toa „ Ave w t - av ail able . , lo. 5. ]an,o43 42 04,, - 43 W , ,,, . - „i,a th - 0^.0043 th hOa4h Of „th a4 a 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: Extended illness ,Tempoira ^ TMsabilit t I =Lease Family Medical Leave Formatted: Page Number i i Updat 09 6 -7 2B- Ch4pter 6.Employee Benefits -draft C_doc - - - - - - - - - - - - - - - - - - _ 3/22/2011744i2DO3 _ - - - - -- � Chapter 6 — Employee Benefits Revised: - - - Formatted: Right Resolution No. 03 -043 Eligible employees are authorized leave for family and medical reasons in accordance with the provisions of the Family Medical Leave Act of 1993, and as provided for in the City's FMLA Leave policy. 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. Formatted: Page Number i i Updat 09 6 -8 2B- Ch4pter 6.Employee Benefits -draft C_doc - - - - - - - - - - - - - - - - - - _ 3/22/2011744i2DO3 _ - - - - -- � Chapter 6 — Employee Benefits Revised: - - - Formatted: Right Resolution No. 03 -043 D. Leave in excess of 15 days 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 much °a^° ^^° notice as his supervisor within 72 hours of receiving 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. 11. 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 Formatted: Page Number i i Updat 09 6 -9 2B- Ch4pter 6.Employee Benefits -draft C_doc - - - - - - - - - - - - - - - - - - _ 3/22/2011744i2DO3 _ - - - - -- � Chapter 6 — Employee Benefits Revised: - - - Formatted: Right Resolution No. 03 -043 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: 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 Duty 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 Duty The employee must submit a written application within 14 days of release of service. (3) More than 181 days Active Duty 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. Formatted: Page Number i i Updat 09 6 -10 2B- Ch4pter 6.Employee Benefits -draft C_doc - - - - - - - - - - - - - - - - - - _ 3 /2 2/2 0 1 1 74412 ^DO3 - - - - -- � Chapter 6 — Employee Benefits Revised: - - - Formatted: Right Resolution No. 03 -043 A. Military Partial Pav defined Subject to funding 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 111. 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 L), 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 Manager 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 Formatted: Page Number i i Updat 09 6 -11 2B- Ch4pter 6.Employee Benefits -draft C_doc - - - - - - - - - - - - - - - - - - _ 3/22/201174412 ^DO3 - - - - -- � Chapter 6 — Employee Benefits Revised: - - - Formatted: Right Resolution No. 03 -043 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: Employee 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. Formatted: Page Number i i Updat 09 6 -12 2B- Ch4pter 6.Employee Benefits -draft C_doc - - - - - - - - - - - - - - - - - - _ 3/22/201174412 ^DO3 - - - - -- �