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Ordinance No. 10,100ORDINANCE NO. 10,100 • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 8 OF THE CITY OF BAYTOWN PERSONNEL POLICY MANUAL TO REDUCE THE NUMBER OF VACATION TIERS FOR CIVIL SERVICE EMPLOYEES AND TO MAKE OTHER REVISIONS TO FURTHER CLARIFY THE PROVISIONS THEREIN; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That Chapter 8 "Absence" of the City of Baytown Personnel Policy Manual is hereby amended to read as follows: CHAPTER 8 ABSENCE Section I. Holidays New Year's Day, Martin Luther King Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, one additional floating holiday, and such other days as may be declared by the City Council shall be observed as official holidays for City employees in accordance with the following rules: a. As many employees as possible shall be given each holiday off consistent with the maintenance of essential City functions. Full -time employees shall be entitled to paid holidays. Holiday time will be paid or accrued on an 8 -hour per day basis except Uniformed Fire assigned to 24 hour shift which will be paid or accrue holiday time on a 12 -hour per day basis. C. Part-time and temporary employees may be granted unpaid holidays. A full -time employee who works on an official holiday as directed may: (1) be paid for the time worked at double the regular rate and have the holiday deducted from holiday accrual; (2) be given equivalent compensatory time off, or (3) accrue the holiday as administratively determined. e. If a holiday falls on Saturday, the preceding Friday shall be observed, and if a holiday falls on Sunday, the following Monday shall be observed. f. An employee in authorized or unauthorized leave of absence without pay status must work the day before and the day after the holiday to receive a paid holiday. g. Employees desiring to observe religious holidays not coinciding with official holidays may be given time off without pay or may be authorized to use accrued vacation leave. Section 2. Vacation 0 Full -time, non -civil service employees shall earn vacation leave as follows: • Years of Service Vacation er Year 0 -6 10 days >6 — 14 15 days >14 — 22 20 days Over 22 25 days Civil Service employees shall earn vacation leave as follows: Years of Service Vacation er Year 0 - 18 15 days >1 8 — 23 20 days Over 23 25 days Vacation leave shall be administered according to the following rules: a. The maximum accrual an employee may maintain is equal to but not greater than two times his or her annual rate. Employees shall be encouraged to use a substantial portion of their vacation leave each year. An employee who accrues the maximum vacation leave allowed shall not accrue additional vacation until that employee uses a portion of the accrued vacation time. C. An employee's hire date shall be recorded as the anniversary date for the purpose of vacation accrual. Department Directors shall schedule or approve vacations giving due consideration to the needs of the City service and the interests of the employee. e. Employees shall not be allowed to take vacation during the first six months of employment. Any employee who is separated from City service during this first six -month period will not be compensated for vacation accrual. Employees who have successfully completed six months of employment, who are separated from City service, shall be paid for any unused vacation leave up to but not greater than the maximum vacation accrual. Vacation leave shall be charged only for time during which the employee would ordinarily have worked. City holidays will not be charged against vacation time. Deferred vacation will be authorized only in exceptional cases. All requests for deferred vacation shall be submitted to the Human Resources Department. Deferred vacation shall be completed as soon as the Department Director can conveniently schedule it in the following year. A deferred vacation not taken by the end of the year following that year in which it was due, automatically lapses. Employees being laterally transferred, promoted, or demoted shall retain accrued vacation leave. Vacation Transfers: • The City Manager, upon the request and recommendation of the Department Director, may allow employees to transfer accrued vacation time to a fellow employee to provide paid time off during the employee's "serious health condition" or their family members (as defined under the FMLA Policy). The following criteria must be met in order to qualify for this type of transfer: All other leaves accumulated by the seriously ill employee, such as vacation, sick (only half can be used for family members), holiday, and compensatory time, have been or are projected to be exhausted prior to any transfer request approval; b. Authorization through the Human Resources Department for verification of time available; All requirements under'the Family Medical Leave Policy have been met and completed; d. Employees may contribute up to one -half of their accrued vacation leave balance. Transfer of vacation time for any one individual shall not exceed 12 weeks. The Department Director has the responsibility to plan and schedule work of the department; therefore, the Department Director must approve all transferred vacation time requests to ensure the safe, efficient operation of the department; and All combined leave approved under this Vacation Transfer Policy shall not exceed twelve (12) weeks. Section 3. Sick Leave Full -time employees shall be allowed sick leave with full pay in accordance with the following rules: a. A full -time employee shall earn 15 days of sick leave annually. Accumulation of sick leave credits for use during employment shall be unlimited. Sick leave credits will not be restored upon rehire. C. Sick leave may be taken in increments equivalent to one hour of work for the employee's own personal illness, injury, legal quarantine, or routine health care appointments which cannot reasonably be scheduled outside of working hours. An employee's supervisor may request and obtain verification of the circumstances surrounding any use of sick time. Upon using 3 days of absence in a quarter, an employee may be placed on medical certification and required to bring a doctor's verification to receive pay for any additional absence. Employees placed on medical certification should be notified of this action and this documentation should be forwarded to Human Resources for the personnel file. Upon the successful completion of the stated period, an employee again should be notified of the end of the medical certification requirement and a copy should be sent to Human Resources for the file. • e. Accrued vacation leave may be used to supplement sick leave. f. An employee who becomes ill or injured during a vacation may request that the vacation be terminated and the time of the illness be charged to sick leave. 9. Full -time non -civil service employees who have completed five (5) years of service with the City, and are separated for nondisciplinary reasons, shall be paid for one half of their accrued sick days up to a maximum payment of 45 days calculated to the lowest whole day. Non -civil service employees who have completed ten (10) years of service who are separated from the City of Baytown for any reason other than death and retirement shall be paid for all accrued sick leave up to a maximum payment of 90 days; such employees separated due to death or retirement shall be paid up to a maximum of 120 days. 2. Civil service employees separated from the City. shall be paid for accumulated sick leave up to a maximum of 90 days, unless'separation is due to death or retirement, then they shall be paid up to a maximum of 120 days. if an employee is re- employed by the City, upon a subsequent termination, resignation or retirement, he or she shall be paid the maximum allowed sick leave as provided by sub - paragraph (1) less any sum he or she was paid upon prior termination(s) or resignation(s), except those re- employed after a period greater than six (6) years since their last employment with the City shall not be subject to the provisions of this sub - paragraph and shall receive the full benefit outlined in sub - paragraph (1) based upon their last date of re- employment with the City. h. Sick leave credits are not transferable between employees. Full -time employees are eligible for three (3) days of sick leave per calendar year in the event of an illness within the employee's immediate family or household. The City Manager, upon request by the employee and recommendation of the Department Director, may allow the employee to utilize up to one -half of his/her accrued sick leave to be absent from his workplace to provide care during the "serious health condition" (as defined under the FMLA Policy) of an immediate family member. "Immediate family" for the purposes of this policy is defined as: the employee's parents, spouse, and children. The following criteria must be met in order to qualify for this type leave: • all other leaves such as vacation, holiday and compensatory time have been or are projected to be exhausted; • all combined leave approved under this policy shall not exceed 12 weeks; • for 24 hour shift employees, five 24 hour shifts equals 2 weeks under this policy; • authorization through Human Resources for verification of time available; • complete the "Certification of Physician or Practitioner" form; • all requirements under the Family Medical Leave Policy have been met and completed. The employee's request, initiated with the Department Director, shall include sufficient ® information from the attending physician regarding the illness, anticipated outcome, and estimated time frame. This medical information should be submitted directly to the • Department Director and will be treated as confidential and shared only with individuals with a need to know. Part time and temporary employees shall not earn sick leave. Civil Service employees shall accumulate sick leave and receive pay for unused sick leave upon termination as outlined in Chapter 143 of the Local Government Code and required by State law. Section 4. Military Leave Military leave shall be granted in accordance with applicable State and Federal laws. Employees preparing to take authorized military leave shall furnish their Department Director with copies of military orders or other appropriate certification. The City will provide a paid leave of absence to employees who are a member of the Armed Forces or a reserve component for authorized training or duty that is ordered by official military authority for not more than fifteen (IS) days in a fiscal year. Section 5. Emergency Leave Department Directors, after ascertaining the exact circumstances, may grant a full -time employee up to three working days of paid emergency leave in the event of a death within the employee's immediate family or household. Emergency leave shall not be charged against vacation or sick leave. Immediate family is defined as in the provision concerning nepotism. Temporary employees may be granted unpaid emergency leave in the above circumstances. Section 6. Administrative Absence With Pay An employee ordered not to report to work or who cannot report for work because of inclement weather or disaster may be granted administrative absence with pay by the City Manager. Employees shall be granted sufficient administrative absence with pay, when necessary, in order to vote in an official election. Full - time employees called for jury service shall be granted administrative absence with pay during such service and shall retain any fees paid by the courts. Employees excused or released from jury service shall report to their workstations in accordance with departmental instructions. A copy of the jury summons should be provided to the supervisor. With the approval of the City Manager, a Department Director may grant an employee administrative absence with pay for purposes of attending a professional conference, convention, training activity, legislative proceeding, or civic function or meeting, or for purposes of coordinating with governmental and private agencies and entities in the interest of the City. Section 7. Authorized Leave Without Pay Employees on authorized leave without pay status shall not accrue benefits. In circumstances not falling within other provisions of these rules, the City Manager may authorize an employee to take leave without pay under terms and conditions the City Manager determines appropriate. • Section 8. Absence Without Leave (Lost Time) An employee failing to report for duty or remain at work as scheduled without proper notification, authorization, or excuse shall be considered absent without leave and shall not be in a pay status for the time involved. Absence without leave constitutes abandonment of duties, which may result in dismissal. Section 9. Injury on the Job a. Employees must submit complete and accurate information regarding job injuries, illnesses, disabilities, causes of such, medical care and treatment to their immediate supervisor and the Risk Manager. b. The recommendations regarding care and treatment of the injury/illness by the medical service supplied by the City of Baytown or selected by the individual must be followed. If medical service is selected by the employee, the employee must provide for communication of the disability, injury, illness, medical care and treatment between his or her selected service, the Risk Manager, and the City's physician. Failure to follow doctor's orders or the City's request for communication may result in termination. c. The amount of communication required is established by each department supervisor and the Risk Manager at the outset of the absence relating to an on-the-job injury/illness. The communication must be maintained by the employee with the City during the period of the disability until fully released to return to work or supplemental pay will be stopped and result in disciplinary action up to and including termination. d. The employee must make himself or herself available for in- organizational or home consultation with the City of Baytown during the period of disability when requested to do so. e. The employee will submit to such physical and/or mental examinations that the City deems necessary. The City physician will evaluate and make recommendations to the City regarding progress, return to work dates, or extended leave situations requiring medical separation. f. No employee on light duty will work overtime. When on workers' compensation, all secondary employment must be approved by the Human Resources Department and the Department Director before the employee may work. g. Disagreement between doctors' opinions will be settled by the method established by the City of Baytown Human Resources Director as agent of the City of Baytown. Such decisions may be appealed to the City Manager. Failure to abide by any of the above criteria may result in the forfeiture of supplemental benefits and result in disciplinary action including termination. Employees may be released from employment through medical separation for inability to perform the essential functions of the job. If an employee is terminated for any reason, supplemental pay will be stopped. Workers' Compensation Fay isa. All City of Baytown employees who lose work time due to an on- the -job injury or work related ® illness, will be paid Workers' Compensation in an amount set by the Texas Workers' Compensation Commission. b. These payments will commence on the eighth calendar day an employee is off and will continue until the employee either returns to work, or makes a settlement with the City of Baytown's insurance carrier. c. The first seven calendar days off work will not be paid for by Workers' Compensation until the employee is off work for more than 28 calendar days. The City will pay for the first week the employee is off from work due to an on- the -job injury. If the individual is off a total of 28 days, the workers' compensation carrier pays for the initial week of disability. Workers' Compensation Supplemental Pay /Line of Duty Pay a. Full -time employees that have completed probation maybe eligible based on their length of service for supplemental injury pay commencing with their eighth day of absence due to an on-the-job compensable injury or work related illness. b. Employees eligible for supplemental pay will be paid per the schedule below until they return to light or regular duty. Length of Service Benefit Payment Up to 1 year W/C payment only > I year but < 5 years 75% of gross pay 5 years and up 100% of gross pay (The above percentages include payment by Workers' Compensation, i.e., w/c + supplemental = 75% of gross.) c. Pay will be supplemented for a maximum of 40 working days per injury, not to exceed 40 days per year. Workers' Compensation payments will continue as outlined in State law. d. Subject to allowable offsets, Civil Service employees will be eligible to receive line of duty pay in accordance with the Civil Service Statutes, commensurate with the nature of the line of duty injury or illness not to exceed one (I) year. e. No supplemental pay /line of duty pay will be given to employees released for light duty when light duty is available. Employees refusing light duty may use vacation time if available, or if not, time missed will be lost time. f. To receive supplemental pay, an employee must report an injury to his/her immediate supervisor (on site or on call) as outlined in the administrative rules pursuant to this section. Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. is Section 3: If any provision, section, exception, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end all provisions of this ordinance are declared to be severable. Section 4: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 14`h day of July, 2005. CALVIN MUNDINGER, Mayor ATTEST: GARl W. SMITH, City Clerk APPROVED AS TO FORM: ACIO RAMIREZ, S 'ty Attorney • RAKaren \Files \City Council\Ordinances\2005Vuly 14\ AmendPersonnelPolicyManualChapter8 .doc