Chapter 3.24
EMPLOYEE BENEFITS
Sections:
3.24.010 Holidays
3.24.020 Vacation
3.24.030 Sick Leave
3.24.040 Family Leave
3.24.050 Workers Compensation/Managed Care Program
3.24.051 Workers Compensation Return-to-Work Program
3.24.060 Personal Leave
3.24.070 Military Leave
3.24.080 Bereavement Pay
3.24.090 Jury Leave
3.24.100 Leave With or Without Pay
3.24.110 Unauthorized Leave
3.24.120 Voting
3.24.130 Employee Insurance
3.24.140 Payroll Deductions
3.24.150 Educational Assistance
3.24.160 Uniforms
3.24.170 Retirement
3.24.180 Advancement Opportunities
3.24.190 Continuance of Medical Coverage (COBRA)
3.24.010 Holidays
A. Scheduled Holidays. The following days shall be recognized as holidays, and regular, classified and unclassified employees shall have those holidays off with pay:
1. New Years Day, January 1st;
2. Martin Luther King Day, third Monday in January;
3. President’s Day, third Monday in February;
4. Memorial Day, last Monday in May;
5. Independence Day, July 4th;
6. Labor Day, first Monday in September;
7. Veterans Day, November 11th;
8. Thanksgiving Day, fourth Thursday in November;
9. Friday after Thanksgiving;
10. Christmas Day, December 25th;
11. Floating holiday;*
12. Presidential general election day (every four years) and every day designated as a holiday by the City Council for a public feast, mourning or thanksgiving.
If the holiday falls on a Sunday, the following Monday shall be observed; if the holiday falls on a Saturday, the preceding Friday shall be observed.
B. Holiday Pay. See Section 3.16.100. (Ord. 670 § 1(601), 1995)
* The floating holiday must be taken as a full workday off within the calendar year. The floating holiday must be coordinated with the department in advance.
3.24.020 Vacation
A. The purpose of annual vacation is to enable each eligible employee to return to work physically and mentally refreshed.
B. All regular, full-time employees with an average regular work week of forty (40) hours shall receive annual vacation with pay at the following rates:
1. Zero (0) to four (4) years of continuous service: ten (10) days per year.
2. Four (4) to nine (9) years of continuous service: ten (10) hours per month accrual (fifteen (15) days per year).
3. Nine (9) to nineteen (19) years of continuous service: twenty (20) days per year.
4. Nineteen (19)+ years or more of continuous service: twenty-five (25) days per year.
5. The accrual rate for regular, part-time employees will be prorated, based on the number of hours worked per week.
Regular, part-time employees working less than twenty (20) hours per week shall not be entitled to vacation leave.
|
YEARS OF SERVICE |
ANNUAL RATE |
|---|---|
|
0 – 4 |
10 DAYS/80 HRS |
|
4 – 9 |
15 DAYS/120 HRS |
|
9 – 19 |
20 DAYS/160 HRS |
|
19+ |
25 DAYS/200 HRS |
C. Eligibility.
1. Employees with less than six (6) months of continuous service shall not be eligible to take annual vacation leave.
2. Temporary and seasonal employees shall not be entitled to earn vacation time.
D. Vacation Scheduling. The times during a calendar year at which an employee may take his vacation shall be determined by the department head with due regard for the wishes and needs of the employee and particular regard for the needs of the service. Employees should request vacation at least five (5) working days in advance.
E. Vacation/Holiday Overlap. In the event one (1) or more municipal holidays fall within an annual vacation leave, such holiday shall not be charged as vacation leave, and the vacation leave shall be extended or credited accordingly.
F. Accrual. No employee may accrue more vacation than can be earned in eighteen (18) months of continuous service from his/her anniversary date. (One and one-half (1-1/2) times their annual accrual rate.)
G. Accrued Leave Buy-Out. Employees who have satisfactorily completed probation and who terminate employment shall be paid in a lump sum for all accrued vacation leave earned prior to the effective date of termination.
H. Vacation Conversion To Pay. Employees shall have the option of converting accrued vacation time to pay at any time throughout the year, subject to the following:
1. The employee must have used forty (40) hours of vacation (time off) during the previous twelve (12) month period (prior to the date of request).
2. The employee’s accrued vacation balance cannot drop below forty (40) hours as a result of the requested conversion (at the date of the request).
3. Employees may convert either forty (40) hours or eighty (80) hours one time within any twelve (12) month period. The twelve (12) month period begins on the date of the request. Employees with at least nine (9) years of service may request a payout twice in a twelve (12) month period. (Requests can only be made in forty (40) hour increments.)
4. Requests for conversion shall be made in writing and shall be approved by the employee’s department director a minimum of two (2) weeks prior to the payday upon which the employee expects to receive the conversion check. Requests for conversion by department directors shall be submitted to the City Manager subject to the same requirements.
5. Checks for the amount of the conversion will be available only on scheduled paydays with the regular paychecks. (Ord. 1129 (part), 2010; Ord. 883, 2002; Ord. 784, 1998; Ord. 670 § 1(602), 1995)
(Manual, Amended, 04/26/2002; Manual, Amended, 11/19/1998; 784, Amended, 10/13/1998)
3.24.030 Sick Leave
A. The purpose of this policy is to establish guidelines for the use of sick leave for personal illness and injuries for city employees.
B. Eligibility. Sick leave with pay shall be granted to all probationary and regular non-management and management employees within the service. Temporary employees will not accrue sick leave. Sick leave shall not be considered as a right, which an employee may use at his/her discretion but shall be allowed only in case of actual personal or dependent (as defined in Section 3.04.110) sickness or injury. In the case of personal sickness where employees are capable of performing light duty, they shall so advise their department head who will make these arrangements, provided such light duty is available. Unnecessary use of sick leave shall be cause for disciplinary action.
C. Notice. In order to receive compensation while absent on sick leave, the employee must have accrued sick leave hours in his/her sick leave account and shall notify his/her immediate supervisor, division or department head prior to or within one hour after the time set for beginning his/her daily duties. If the immediate supervisor cannot be reached, notice shall be given to the Human Resources Director. The employee may be required to file a physician’s certificate or a personal affidavit with his/her immediate supervisor or department head stating the cause of the absence.
D. Limits. Regular, full-time employees shall earn sick leave at the rate of one (1) work day (eight (8) hours) for each calendar month of service. Regular, part-time employees shall earn sick leave prorated based on the number of hours worked per week. The maximum accrual for unused sick leave shall be one hundred seventy-five (175) hours.
E. Holiday/Sick Leave Overlap. In the event that any paid holiday occurs during a period when an employee is on paid sick leave, the holiday shall not be charged against the employee’s accrued sick leave. The only sick leave hours that shall be charged to any employee’s accrued sick leave shall be those hours that the employee is regularly scheduled to work.
F. Illness/Injury During Vacation. In the event that an employee becomes sick or has an accident during paid time off for vacation the time may be charged to accrued sick leave with proper medical documentation.
G. Sick Leave Buy-Out. Employees who retire or resign in good standing with a minimum of five (5) years of continuous service to the city shall be paid an appreciation bonus equaling twenty-five (25) percent of their accumulated sick leave account and sick leave bank (if applicable). Employees who retire or resign in good standing with a minimum of twenty (20) years of service to the city shall be paid an appreciation bonus equaling fifty (50) percent of their accumulated sick leave account and sick leave bank (if applicable). This percent shall be based on the employees earned sick leave hours up to the maximum accrual amount of one thousand forty (1,040) hours. Employees age fifty (50) and above may elect to buy-out their sick leave bank only as outlined above before retirement. They will receive no additional pay-out at retirement or resignation. The sick leave pay as provided in this section shall not be considered when calculating retirement benefits under the State Retirement System.
H. Disability Payments. An employee receiving temporary disability payments under the workers compensation laws may use accumulated sick leave in order to continue to maintain his/her regular income. City employees receiving full salaries from the city, as well as disability payments under workers compensation, must remit to the city any funds received from the Workers Compensation Insurance Company. The purpose of this regulation is to ensure that an employee does not suffer an economic hardship as a result of a work-related injury as well as ensure that the employee will not be making a financial gain as a result of an injury. It is the employee’s prerogative to determine whether he/she wishes to continue on the city’s payroll or whether he/she wishes to accept disability payments from the Workers Compensation Insurance Company in lieu of continuing on the city payroll.
I. Leave Sharing. The City Manager may permit a regular, full-time or regular, part-time employee to receive donated sick leave from other qualified employees under this subsection if:
1. The employee suffers from an illness, injury, impairment, physical or mental condition which is of an extraordinary or severe nature and which has caused or is likely to cause the employee to:
a. Go on leave without pay status, or
b. Terminate city employment;
2. Employee is denied short-term disability benefits;
3. The employee’s absence and the use of shared leave are justified;
4. The employee has depleted or will shortly deplete his/her annual leave reserves; and
5. The employee has abided by all personnel rules regarding sick leave use.
6. The City Manager shall determine the amount of leave, if any, which an employee may receive under this section. However, an employee shall not receive, in donations, a total of more than four hundred eighty (480) hours of donated leave.
7. Donated sick leave shall be utilized in the order of receipt by the City Manager. Such leave shall be donated in eight (8) hour increments.
8. An employee who has accrued a sick leave balance of more than one hundred (100) hours may request in writing that the City Manager transfer a specified amount of sick leave to another employee authorized to receive this donated leave under this section.
9. The amount of leave time transferred under this section which remains unused shall be returned to the employee or employees who donated the leave when the City Manager finds that the leave is no longer needed or will not be needed at a future time in connection with the illness or injury for which the leave was transferred. (Ord. 1129 (part), 2010; Ord. 883, 2002; Ord. 868; Ord. 859, 2001; Ord. 857, 2001; Ord. 670 § 1(603), 1995)
(Manual, Amended, 04/26/2002; Manual, Amended, 12/19/2001; Manual, Amended, 08/15/2001; Manual, Amended, 06/15/2001)
3.24.040 Family Leave
A. The purpose of the Family and Medical Leave Act of 1993 (hereinafter referred to as Family Leave) is to entitle employees to take up to twelve (12) work weeks of leave during any twelve (12) month period for the birth of a son or daughter, the adoption or foster care placement of a child with the employee to care for a child (son or daughter), parent, or spouse with a serious health condition or for the employee’s own serious health condition that makes the employee unable to perform the functions of his/her position.
B. Eligibility.
1. All city employees are eligible for Family Leave if they have been employed with the city for:
a. At least twelve (12) months; and
b. Have worked at least one thousand two hundred fifty (1,250) hours (one hundred fifty-six (156) days) of service with the city during the previous twelve (12) month period.
2. Under certain circumstances, the highest paid ten (10) percent of the work force may be denied Family Leave if such leave would cause an economic hardship for the city.
C. Requirements.
1. An employee shall be entitled to a total of twelve (12) weeks of leave during any twelve (12) month period for any of the following reasons or combination of the following reasons:
a. The birth of a child and to care for the newborn child;
b. Placement of a child with an employee for adoption or foster care and to care for the newly placed child;
c. In order to care for the serious health condition of a spouse, child or parent of the employee;
d. Due to a serious health condition that makes the employee unable to perform the duties of the position held.
2. Calculation of the FMLA leave eligibility is based on a rolling twelve (12) month period measured backward from the date an employee uses any FMLA leave. In other words, each time an employee takes FMLA leave, the remaining leave entitlement would be any balance of the twelve (12) weeks that has not been used during the immediately preceding twelve (12) calendar months. A request of FMLA leave generally will not be approved if the employee has already used twelve (12) weeks of leave under this policy during the twelve (12) months preceding the date the employee requested to begin FMLA leave.
3. Family Leave, other than for the birth or adoption of a child, may be taken intermittently or on a reduced schedule where medically necessary. Where intermittent leave is foreseeable, the employee must request such leave in advance. Before intermittent leave may be taken, the City may temporarily assign the employee to an alternate position (having equivalent pay and benefits) that better accommodates the employee’s leave requirements.
4. For the purposes of this chapter, a "serious health condition" shall be defined as an illness, injury, impairment or physical or mental condition involving either inpatient care in a hospital, hospice or residential medical facility, including any period of incapacity related thereto or any subsequent treatment in connection with such inpatient care, or continuing treatment by a certified health care provider, which includes:
a. Any period of incapacity that involves absence from work for more than three calendar days, and any subsequent treatment period of incapacity relating to the same condition that also involves (i) treatment two (2) or more times by a health care provider, or (ii) treatment by a health care provider on at least one occasion that results in a regimen of continuing treatment under the supervision of the health care provider; or
b. Any period of incapacity due to pregnancy or for prenatal care; or
c. Any period of incapacity or treatment for such incapacity due to a chronic or long-term health condition that requires periodic visits for treatment by a health care provider, continues over an extended period of time, and may cause episodic rather than a continuing period of incapacity; or
d. A period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective for such conditions as Alzheimer’s, a severe stroke, or terminal stages of disease; or
e. Any period of absence to receive multiple treatments by a health care provider either for restorative surgery after an accident or other injury, or for a condition that is so serious that it would likely result in incapacity for three (3) or more calendar days in the absence of medical intervention or treatment, such as cancer, severe arthritis, or kidney disease.
f. A regimen of continuing treatment that includes taking over the counter medication such as aspirin, antihistamines, or salves, bed rest, drinking fluids, exercise, or other similar activities that can be initiated without a visit to a health care provider, is not by itself sufficient to constitute a "regimen of continuing treatment."
D. Paid/Unpaid Leave.
1. Before unpaid Family Leave will be granted, an employee must first exhaust any accrued leave banks.
2. Any paid leave (i.e., personal or sick) granted during a Family Leave period shall be counted towards the annual total twelve (12) work weeks of Family Leave.
E. Employee Notice.
1. If the necessity for Family Leave is foreseeable by an employee (i.e., expected childbirth, adoption) an employee must provide his/her department head with not less than thirty (30) days notice before the date the leave is to begin.
2. If Family Leave is based on foreseeable and/or planned medical treatment of a spouse, child (son and/or daughter), parent or an employee’s own treatment, an employee must:
a. Make a reasonable effort to schedule such treatment as to not disrupt essential operation(s) of the department;
b. Provide his/her department head with not less than thirty (30) days’ notice before the date the leave is to begin.
3. In case of any unforeseeable leave, the employee must notify his/her department head or supervisor of the nature of the leave as soon as possible under the circumstances.
F. Husband and Wife–Both City Employees. If a husband and wife are both employed by the city, the total aggregate number of work weeks of Family Leave will be limited to twelve (12) total work weeks during any twelve (12) month period for the purposes of caring for a new child or a sick parent.
G. Medical Certification.
1. In order for an employee to be granted Family Leave due to medical treatment of a spouse, child (son and/or daughter), parent or an employee’s own treatment, a certificate from the health care provider is required. The certificate must include:
a. The date on which the condition commenced and its probable duration;
b. An explanation of the conditions and certification detailing into which category of "serious health condition" the patient’s problem falls;
c. Whether intermittent leave is necessary;
d. If the condition is chronic or is pregnancy, whether the patient is incapacitated;
e. The duration of episodes of any incapacity;
f. Probable number of additional medical treatments;
g. Where leave is intermittent, the number of periods of leave and the interval between the treatments;
h. A description of the regimen of treatment, if required;
i. In the case of an employee’s own condition, (i) whether the employee is able to perform work of any kind, (ii) if so, whether he or she is unable to perform one or more of the essential functions of the job, and (iii) if the employee must leave work for treatment; and
j. If the leave is to care for a family member, whether the patient requires assistance for basic medical or personal needs, safety, transportation, or psychological comfort.
2. Statements from health care providers shall be given to the department head for review and approval. When the need for medical leave is foreseeable, the employee should provide certification from a health care provider before the leave begins. If this is not possible, the employee must provide the certification within fifteen (15) calendar days from the date of the request for leave.
3. The city reserves the right to have the employee obtain a second opinion or third opinion if necessary, at the city’s expense regarding certifications by providers.
4. Employees on Family Leave are required to inform their department heads at least every thirty (30) days as to their status and possible return to work. The city reserves the right to require an employee to obtain subsequent recertification(s) from a health care provider upon the expiration of the previous certification.
H. Replacement During Family Leave. The city reserves the right to replace an employee, on a temporary basis, while such employee is on Family Leave.
I. Return From Family Leave.
1. As a condition of restoration, an employee returning from Family Leave must provide his/her department head with a certification from the attending health care provider that he/she can return to work. The certification must outline what duties the returning employee can assume (i.e., normal duties, can lift only ten (10) pounds, etc.).
2. An employee returning from Family Leave, who is capable of performing his/her job functions, shall be:
a. Restored to the same position held when the leave commenced; or
b. Restored to a comparable position with equivalent benefits, pay, etc.
J. Health Benefits.
1. Employee Coverage.
a. For an employee on Family Leave, the city shall maintain and continue to pay for the employee’s medical coverage under the city’s health plan.
b. If the employee fails to return from Family Leave after the period of leave expires, all premiums paid for group health coverage during the period of unpaid Family Leave will be recovered from the employee if the failure to return is for reasons other than continuation of the health condition or other reasons beyond the employee’s control.
2. Dependent Coverage. Employees on Family Leave who have dependent health coverage shall bear the responsibility to maintain and continue to pay for dependent medical coverage, if the employee so chooses. The city shall continue to pay the normal rate for employee’s dependent coverage. Arrangements to pay for dependent medical coverage are to be made with the Human Resources Department prior to the commencement of the Family Leave.
K. Leave Accruals. Annual and sick leaves shall not accrue during the period of Family Leave. (Ord. 883, 2002; Ord. 859, 2001; Ord. 670 § 1(604), 1995)
(Manual, Amended, 04/26/2002; Manual, Amended, 08/15/2001)
3.24.050 Workers Compensation/Managed Care Program
A. Workers compensation benefits covering accidental injury, disability, disease or death which occurs as a result of employment and is job-related are provided for city employees including individuals in temporary, emergency, intermittent and volunteer status at no cost to employees.
B. Workers compensation benefits (medical) in the amounts provided by Arizona Revised Statute (ARS) will commence on the first day of disability. If the employee is not working (lost time) due to an injury or illness, payment of compensation (lost earnings) will commence on the eighth full calendar day of disability in maximum amounts as provided by current rules and regulations of the Industrial Commission of Arizona. If the employee is not working (lost time) after the fourteenth full calendar day of disability, payments will also be made for the first seven (7) calendar days of disability. The disability or illness can only be recognized when confirmed in writing by a certified physician. The amount compensated will be sixty-six and two-thirds (66 2/3) percent of the current statutory monetary limitation (two thousand one hundred dollars ($2,100)/ month as of 7/1/91 or as changed by the Arizona Legislature) or sixty-six and two-thirds (66 2/3) percent of the employee’s gross monthly salary or wages at the time of injury or illness, whichever is less.
C. An eligible employee unable to work due to an on-the-job injury or illness may be granted workers compensation leave for a period up to ninety (90) calendar days from the date of injury or illness. If the employee is still unable to return to full-work status after ninety (90) calendar days, the provisions of the managed care program or ADA will apply.
D. An eligible employee may elect to use sick leave in order to receive his/her full salary from the City or he/she may elect to use sick leave to supplement workers compensation benefits to approximate the employee’s normal take-home pay. Annual (vacation) leave pay may be used after all accumulated sick leave has been used. It is the employee’s prerogative to determine whether he/she wishes to continue on the City’s payroll or whether he/she wishes to accept disability payments under Workers Compensation in lieu of continuing on the City payroll. The employee shall not change his/her election without first notifying the Human Resources Director.
1. An employee receiving his/her full salary from the City, as well as disability payments under Workers Compensation, must sign an agreement allowing the remittance of the employee’s Workers Compensation benefits directly to the City.
2. An employee receiving his/her full salary from the City shall have his/her sick leave credited by the amount of workers compensation pay received for that day for which sick leave was taken divided by the employee’s hourly rate of pay, rounded downward to the nearest one-half (1/2) hour at the time the Workers Compensation check is remitted to the City.
3. For an employee electing to only supplement his/her Workers Compensation benefits with sick leave, payroll action will consist of a reduction adjustment to the employee’s regular salary equivalent to the difference between the compensation payment and his/her normal amount of pay. The employee will receive both the Workers Compensation benefit check and the reduced City pay check, together equaling his/her normal salary.
4. After all leave is used, employees will receive only workers compensation.
E. Every injury or illness sustained on the job, no matter how trivial, must be reported immediately to the employee’s supervisor so that the employee can be referred to the designated treatment facility. In this way, prompt first-aid treatment can be given or immediate medical assistance secured if necessary. The time of an injury, names of witnesses and reporting of same is important when establishing a claim under the workers compensation laws.
1. Once an employee has reported an on-the-job injury or illness to his/her supervisor, the supervisor shall:
a. If the injury requires medical attention, refer the employee to a healthcare provider of the employee’s choice, usually the employee’s own private physician;
b. If the injury is severe or one that requires immediate aid, arrange for treatment at the nearest emergency treatment center (nearest hospital);
c. Complete a "Supervisors’ Report of Industrial Injury" form:
i. Employee is to give the form to the health care provider for completion.
ii. After examination, the employee is to return the form to his/her supervisor, who shall forward same to the Human Resources Department;
d. Immediately forward this form to the Human Resources Department.
F. Employees returning to work from workers compensation leave must provide medical certification of their ability to return to their normal duties.
G. Managed Care Program. The city in cooperation with the Arizona Municipal Workers Compensation Pool has adopted a managed care program. This program is designed to provide quality care for an injured employee, provide lost time injured employees an opportunity to return to productive work early and reduce expense to the city, the Arizona Municipal Workers Compensation Pool and the employee. By being more involved with an injured employee, the city demonstrates concern for the welfare of its employees and provides a safer workplace for the employees. This program is designed to provide workers compensation insurance at the lowest possible costs through a mutual commitment to a comprehensive managed care program. The following goals have been established to accomplish this objective.
1. Preaccident management: through a cooperative effort, reduce workplace accidents, injuries and illness through identification, elimination or control of workplace exposures.
2. Incident response procedures: develop response procedures to be followed after every occurrence that could result in injury or illness.
3. Disability management: provide a coordinated effort to ensure injured workers receive appropriate medical treatment which leads to the earliest return to work possible.
4. Post-accident evaluation: conduct a comprehensive analysis of each injury to determine if modifications to the managed care program are needed. (Ord. 883, 2002; Ord 859, 2001; Ord. 670 § 1(605), 1995)
(Manual, Amended, 04/26/2002; Manual, Amended, 08/15/2001; Manual, Amended, 09/16/1999)
3.24.051 Workers Compensation Return-to-Work Program
A. Responsibility. Every employee of the City of Winslow has a responsibility to minimize loss exposure as a factor in the work place by strictly observing safety and standard operating policies and procedures. The term "loss exposure," as applied to the workplace, is defined as the potential for accidents which result in illness or injury.
B. Policy.
1. Employees of the City of Winslow who are, or could be, on leave of absence from their duties as a result of a work-related illness or injury may be eligible for the return-to-work program upon written certification or a medical care provider. The medical care provider must certify that the employee may return to work with restrictions on physical requirements of the job in question, and that those restrictions are not expected to last for more than ninety (90) days.
2. A restriction identifies a physical condition which prevents an employee from performing the full scope of his/her job duties as outlined in their job description. There are two (2) types of restrictions: temporary and permanent. Temporary restrictions are defined as those limitations placed on an injured employee by a physician which are relatively short in duration (i.e., the employee is expected to fully recover and to return to normal working conditions). Permanent restrictions are defined as those limitations placed on an employee by a physician which are expected to be long-term (more than one hundred eighty (180) days) or from which recovery is not expected. Those long-term employees who fall into this category are not eligible for participation in the return-to-work program. They may elect to seek alternative employment, or file for a "reasonable accommodation" under the Americans with Disabilities Act. Upon request, the City of Winslow shall provide a "reasonable accommodation" for a qualified employee with a protected disability unless the accommodation would pose undue hardship on the City.
3. When an employee is approved for participation in the return-to-work program, primary consideration will be given to job placement within the employee’s department and normal job duties. A secondary consideration will be alternative placement into another department or another assignment. Alternative placement will not be used to avoid the filling of vacancies within the department in question. An employee participating in the return-to-work program is subject to all rules, regulations, policies and procedures of the Personnel Code.
4. Each situation will stand on its own merit. An employee Return-To-Work form, completed by the physician, noting the employee’s restrictions, will be evaluated by the Human Resources Officer in order to determine whether or not an employee is able to return to his/her assigned position. The Human Resources Officer will then forward a recommendation with appropriate documentation to the injured employee’s department head for final determination.
5. If an employee is approved for the return-to-work program, he/she shall be provided tasks, which fall within the physical restrictions, identified by the treating physician. In no case, will an employee authorized to participate in the return-to-work program be placed in an area that will pose a threat or safety risk to the City of Winslow, other staff, or the injured employee. (Ord. 883, 2002)
(Manual, Amended, 04/26/2002; Manual, Amended, 09/17/1999; Manual, Renumbered, 09/16/1999)
3.24.060 Personal Leave
A. All regular employees will be allowed to use one day of accrued sick leave with pay per calendar year for matters of personal business. Personal leave shall be charged to the employees sick time.
B. In order to receive compensation for personal leave, the employee must have sick leave hours accrued in his/her sick leave account and should request personal leave from his/her immediate supervisor or department head at least five (5) working days in advance.
C. Employees do not have the right to "bank" personal leave into another calendar year.
D. Employees will not be allowed to take personal leave after submitting a notice of resignation. (Ord. 883, 2002; Ord. 670 § 1(606) 1995)
(Manual, Amended, 04/26/2002)
3.24.070 Military Leave
A. Any employee who is inducted into the U.S. Armed Forces for an initial period of military service, including any extension ordered by the branch of service involved, will be entitled to the following provisions:
1. At the time of induction, the employee will be placed on military leave status;
2. The employee’s wages will be paid through the last day worked prior to going on leave;
3. Payment will be made for any eligible and accrued benefits earned, but not taken up to the effective date of the leave.
B. Employees who leave to serve their initial period of military service and who receive a discharge under other than dishonorable conditions from the Armed Forces shall be entitled to be reemployed in their previous position or in a comparable position at the prevailing rate at the time of reemployment. All veteran reemployment rights guaranteed under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) will be fully observed by the city.
C. Employees intending to return to work following military leave should notify their supervisor of their intent to return as soon as possible prior to discharge, and their return will be based upon the provisions of the Uniformed Services Employment and Reemployment Rights Act of 1994.
D. Employees who are members of the National Guard or the Reserve Corps of any branch of the Armed Forces of the United States may be granted leaves of absence in the event they are called up for active military training or for two (2) weeks of military, summer camp. The employee will be compensated for the difference between his/her military pay and regular city pay upon presentation of the government pay voucher. (Ord. 670 § 1(607) 1995)
3.24.080 Bereavement Pay
A. An employee is eligible to use up to five (5) days of personal leave for the death of an immediate family member within the State of Arizona. The employee may use up to ten (10) days of personal leave if the death of the immediate family member occurs outside the State of Arizona.
B. Leave taken will be charged against the employee’s sick leave.
C. Immediate family members shall include:
1. Husband;
2. Wife;
3. Children/step-children;
4. Parents/step parents;
5. Grandparents;
6. Grandchildren;
7. Significant other.
(Ord. 883, 2002; Ord. 670 § 1(608), 1995)
(Manual, Amended, 04/26/2002)
3.24.090 Jury Leave
A. All regular, full-time employees who miss work because of required jury duty shall be paid their full wages while serving as a juror. Any compensation received by the employee as a result of jury duty, except mileage, food, etc., shall be turned over to the city.
B. Written proof of absence due to jury service will be required.
C. City may elect to request the jury commissioner to excuse an employee from jury duty if the loss of the employee’s services will cause unacceptable job schedule interruptions.
D. Jury-duty time will not count as time worked for purposes of computing overtime pay. (Ord. 670 § 1(609) 1995)
3.24.100 Leave With or Without Pay
A. An employee may request a leave of absence with or without pay. All such requests must be made in writing. Forms are available for this purpose from the Human Resources Department.
B. The department head may grant an employee a leave of absence without pay for up to three (3) days. Employees may appeal denial of this privilege to the City Manager.
C. The City Manager may grant a regular employee a leave of absence with pay for a maximum of sixty (60) days for various reasons such as:
1. Employment problems;
2. Investigations;
3. Any other instance where it is deemed in the interests of the city or necessary for the safety and protection of other employees or the general public.
D. The City Manager may grant a regular employee’s request for leave of absence without pay for a maximum of six (6) months.
1. An employee may request an educational leave of absence without pay.
a. The request must include the length of time to be taken, course or courses to be taken and the benefits the employee will receive in relation to his/her job classification.
b. The educational leave of absence will be granted upon recommendation of the appropriate department head, the Human Resources Director and the approval of the City Manager.
2. An employee may request a leave of absence without pay for personal reasons. Upon recommendation of the appropriate department head, the Human Resources Director and approval of the City Manager, the unpaid leave of absence may be granted.
E. An employee on unpaid leave of absence shall receive no compensation and shall accumulate no vacation or sick leave while on such leave.
F. An employee returning to work from an unpaid leave of absence shall be returned at the same salary step as though he/she had not been on leave. (Ord. 1129 (part), 2010; Ord. 883, 2002; Ord. 859, 2001; Ord. 670 § 1(610), 1995)
(Manual, Amended, 04/26/2002)
3.24.110 Unauthorized Leave
Any unauthorized absence for one (1) day or assigned shifts by an employee shall be deemed absence without pay and abandonment of his/her position. An employee who abandons his/her job in this manner can be automatically deemed to have resigned.
Under extenuating circumstances, the City Manager may rescind the assumed resignation and grant leave without pay. (Ord. 1129 (part), 2010; Ord. 670 § 1(611), 1995)
3.24.120 Voting
A. An employee eligible to vote at a general election held within Arizona may, on the day of the general election, absent himself/herself for the purpose of voting if there is less than three (3) consecutive hours between the opening of the polls and the beginning of his/her regular work shift or between the end of his/her regular work shift and the closing of the polls. In such event an employee may absent himself/herself for such length of time at the beginning or end of his/her work shift that, when added to the time difference between work shift hours and opening or closing of polls, will provide a total of three (3) hours. An employee shall not, because of such absence, be liable to any penalty nor shall any deduction be made therefor from his/her regular wages.
B. An employee shall make application for such absence prior to the day of the election and the supervisor/department head may specify the period of time during which the employee may absent himself/herself. (Ord. 670 § 1(612), 1995)
3.24.130 Employee Insurance
A. The city furnishes all regular employees with a major medical and dental plan, which includes hospitalization and accident coverage.
1. The city pays a percentage of employee coverage. This amount is to be determined during the annual budget process.
2. Dependents may be covered by the employee paying fifty (50) percent of the additional premium cost. Coverage starts the first of the month after the established period of thirty (30) days from date of hire.
B. The city also provides additional insurance coverage on the following:
1. Life Insurance. Fixed amount determined during the annual budget process not to exceed fifty thousand dollars ($50,000).
2. Vision insurance. (Ord. 906, 2003; Ord. 883, 2002; Ord. 670 § 1(613), 1995)
(Manual, Amended, 04/14/2003; Manual, Amended, 04/26/2002)
3.24.140 Payroll Deductions
A. The following deductions are required by law from each employee’s paycheck:
1. Federal Income Tax withholding;
2. State Income Tax withholding;
3. Social Security;
4. Retirement contributions (eligible employees only);
5. Deductions authorized by law, such as garnishments;
6. Other deductions for various programs as authorized by the employee.
B. The city participates in various programs for payroll deductions at the option of the employee. Any employee interested and willing to participate in any of these programs should contact the Human Resources Department for information.
C. Garnishment. The city reserves the right to make any necessary deductions from an employee’s wages as a legal stoppage of a specified sum to satisfy a creditor. The Human Resources Department will make the necessary deductions from the employee’s wages.
D. It is the employee’s responsibility to maintain current payroll deduction information with the Human Resources Department. (Ord. 883, 2002; Ord. 670 § 1(614) 1995)
(Manual, Amended, 04/26/2002)
3.24.150 Educational Assistance
A. Department heads and the Human Resources Director have joint responsibility to administer the educational assistance program.
B. Employees must be on regular status at the beginning of the semester to qualify for tuition reimbursement. Employees hired after the beginning of the semester will not be reimbursed even though already enrolled in college courses.
C. Eligible employees shall be reimbursed for the following types of training or education:
1. Course work that is directly job related;
2. Course work which will make the employee more promotable within his/her career field;
3. Course work which is required for a degree in a curriculum program that is job related or career-field related.
D. 1. Tuition costs, to the amount authorized, will be paid to the employee upon presentation of proof of receipt of a passing grade in the course.
2. Employees must request tuition reimbursement prior to the start of the course. Failure to achieve approval of the course for tuition reimbursement prior to the start of the course will make the employee ineligible for reimbursement.
3. Employees will be reimbursed for tuition fees provided they have received a "C" or better in a course given by a fully accredited college, university or authorized technical/trade/business school.
4. Reimbursement shall be limited to the cost of six (6) semester hours tuition during the semester within which the employee receives the training.
5. The amount of reimbursement shall be reduced by any financial assistance the employee receives from any outside source, exclusive of loans that must be repaid by the employee. When applying for tuition reimbursement, the employee must notify the Human Resources Director of any financial assistance received from an outside source.
E. The city shall pay all costs associated with the attendance by an employee at any course, seminar, workshop, etc., required of the employee. The employee shall not be charged any type of leave while in attendance at such a course but shall be considered to be on-duty while at the course or proceeding to or from the course. (Ord. 883, 2002; Ord. 670 § 1(615), 1995)
(Manual, Amended, 04/26/2002)
3.24.160 Uniforms
A. Employees of the Police and Fire Departments who are required to wear uniforms are paid a monthly uniform allowance.
B. Employees, other than those working for the Police and Fire Departments, who are required to wear uniforms are furnished uniforms by the city. (Ord. 883, 2002; Ord. 670 § 1(616) 1995)
(Manual, Amended, 04/26/2002)
3.24.170 Retirement
A. An employee wishing to retire shall file with his/her supervisor, at least two (2) weeks before the effective date of retirement, a written request stating the effective date.
B. The Arizona Revised Statutes shall govern the retirement procedures for the city.
C. All regular employees, except fire personnel, participate in the Social Security Program.
D. All regular employees, who work a minimum of twenty (20) hours per week, except commissioned police and fire personnel, are provided retirement coverage by the Arizona State Retirement System.
E. Commissioned Police and Fire Department employees who are regularly assigned to hazardous duty are provided retirement coverage by the Public Safety Personnel Retirement System.
F. The city allows for continued insurance coverage upon retirement from city service. All costs associated with this coverage are encumbered by the retired employee. Rates for this coverage are available from the Human Resources Department. (Ord. 883, 2002; Ord. 670 § 1(617), 1995)
(Manual, Amended, 04/26/2002)
3.24.180 Advancement Opportunities
A. It is the policy of the city to attempt to promote employees from within whenever possible. To facilitate this policy, the city has a job posting procedure. Through the posting of job opportunities, the employee will be informed of job opportunities throughout the city, and if qualified, he/she will be given consideration before person(s) are hired from outside the city.
B. This policy is generally available to all city employees, regular and temporary.
C. Information concerning promotional opportunities will continue to be regularly posted on the bulletin boards whenever such vacancies occur and may be a department option for the promotion within their ranks of employees. Promotional application forms can be obtained from the employee’s supervisor or personnel department.
D. If there are conditions of lack of work wherein a downgrading must occur or if there are persons on layoff status, the jobs will not be posted. Persons in job classifications affected by lack of work will be given priority consideration (given qualifications) prior to job posting. (Ord. 883, 2002; Ord. 670 § 1(618), 1995)
3.24.190 Continuance of Medical Coverage (COBRA)
A. Purpose: to comply with the requirements of the Federal Comprehensive Budget Reconciliation Act (COBRA) in regards to the continuance of medical coverage.
B. Employee and/or dependent medical coverage under the current plan may cease as a result of one of the following events:
1. Termination of employment;
2. Change to nonparticipating employment status;
3. Divorce or legal separation;
4. Dependent child became ineligible (attained age twenty-three (23)).
C. Employees or dependents may elect to continue medical coverage beyond the date that it would otherwise terminate by doing one of the following:
1. Convert the group medical coverage to an individual policy provided directly by the insurance carrier. Employees will be sent benefit information and rates regarding conversion options directly from the insurance company. For additional information, contact the Human Resources Department;
2. Continue to participate in the group medical coverage plan under the criteria outlined below.
3. Rights of Employee. An employee presently covered by the insurance plan may continue this coverage for up to eighteen (18) months from the date that employment terminates or status changed to a nonparticipating (noninsured) employment status provided that the employee pay the full cost of premium and any administrative fee (up to two (2) percent) that may be imposed.
a. Rights of a Spouse of Employee. The spouse of an employee covered by the medical plan has the right to continue coverage if the employee were terminated or changed to nonparticipating employment status or if a divorce or legal court-decreed separation from the employee took place. Coverage under these circumstances may continue for a period up to thirty-six (36) months, provided that the employee’s spouse pays the premium in full and any administrative fee (up to two (2) percent) that may be imposed.
b. Rights of Child(ren). Dependent children of an employee covered by the medical plan have the right to continue coverage if group health coverage under the medical plan is lost because of termination of a parent’s employment or change to nonparticipating employment status; parent’s divorce or legal court-decreed separation; the dependent ceases to be a "dependent child" under the medical plan (attains age twenty-three (23)). Coverage under these circumstances may continue for a period up to thirty-six (36) months, provided that the employee’s spouse pays the premium in full and any administrative fee that may be imposed are paid in full.
D. Election.
1. If an employee or eligible spouse or dependent does not elect to continue coverage, group health insurance will end as scheduled under the plan.
2. If an employee elects to continue group medical coverage, the employee or eligible spouse or dependent is responsible for paying the entire cost (both employer and employee share). This cost will be subject to periodic rate changes. Employees are not required to show that they are insurable (by taking a medical exam) to continue the coverage. The monthly rates, including options, will be available in the finance department.
3. Continued coverage may be terminated earlier than the eighteen (18) or thirty-six (36) month period if group medical plans for all other employees are terminated or if the employee or eligible spouse or dependent:
a. Fails to remit the required monthly payments within thirty-one (31) days of the due date;
b. Becomes eligible under any other group medical plan that does not contain an exclusion or limitation with respect to a preexisting medical condition covered under the COBRA plan;
c. A covered spouse remarries and becomes eligible to be covered under a group medical plan;
d. Becomes eligible for Medicare.
E. Acknowledgement and Notification. Any employee who would like to continue medical coverage as provided by this policy should:
1. Request with supervisor prior to separation; or
2. Submit a letter in writing to the Human Resources Department asking for extension of coverage in accordance with this section. (Ord. 883, 2002; Ord. 670 § 1(619), 1995)
(Manual, Amended, 04/26/2002)