[Adopted 8-11-1992]
These rules and regulations were adopted by the Town Board of the Town
of Guilderland on August 11, 1992, and shall be effective January 1, 1993.
The purpose of these rules and regulations is to define and describe
employment procedures, rights and responsibilities, including time and attendance
records and leaves applicable to employees of the Town of Guilderland.
No person shall be discriminated against or mistreated in any way in
connection with his/her employment by reason of his/her race, creed, color,
national origin, sex, age, disability or marital status. Any person who believes
that his/her rights under this section have been violated in any way is encouraged
to bring such matter to the attention of the Town Supervisor immediately,
who shall review each complaint and take such action, if any, as is believed
appropriate.
For the purpose of this article, a "permanent full-time employee-35"
refers to those employees who work 35 hours per week, the actual times to
be dependent upon the departments' requirements. "Full-time employee-40" refers
to employees who work 40 hours per week. "Permanent employee/part-time" refers
to those employees who work less than 35 hours per week year-round.
Employees shall perform the duties of their positions in the manner,
places, periods and times as may be prescribed by their department head. A
description of such services will be provided to all new employees.
The annual compensation to be paid to employees shall be payable in
equal biweekly installments over the calendar year. Compensation of employees
hired with the understanding that they will be on the payroll for less than
a calendar year shall be payable to them in equal biweekly installments over
their anticipated employment period. Time-and-one-half will be paid for hours
worked over 40 in any one week if the employee has prior approved vacation
and/or personal leave in the same week. However, straight time will be paid
for time worked over 40 hours in one week if the employee has had sick leave
during the same week.
Employees shall maintain daily time records of their service showing
the number of hours worked each day. Such records shall also show holidays,
vacation leave, personal leave, sick leave, bereavement leave, jury leave,
witness leave, worker's compensation leave and any other authorized or mandated
paid or unpaid leave taken by such employee. An employee who actually works
on a holiday is eligible for two days' vacation at a later date or may be
paid time-and-one-half for the holiday. Time records shall be signed by the
employee and certified by his/her supervisor biweekly.
A.
Vacation leave for full-time employees-35 will be earned
based on a monthly basis at a rate of seven hours per month. Vacation leave
for full-time employees-40 will be earned on a monthly basis at a rate of
eight hours hours per month. Vacation leave for permanent employees/part-time
will be earned on a monthly basis calculated at the same percentage per month
as the part-time daily hours.
B.
Vacation hours may not be used until the employee has
worked at least six months for the town.
C.
Vacation hours may not be used until they are earned.
D.
Vacation hours charged against the employee's accrued
hours will be charged in increments of no less than 3.5 hours for employees-35
(4 hours for employees-40); a full day taken will be charged as seven hours
for employees-35 (eight hours for employees-40). Permanent employees/part-time
will be charged no less than 1/2 day calculated at the same rate as the employee's
part-time daily hours.
E.
The employee shall first complete a "leave" request,
which must be approved by the employee's immediate supervisor. This request
must be made at least seven days prior to the beginning of the leave. Approval
is at the discretion of the department head.
F.
After five years of service with the town, an employee
who works a thirty-five-hour week will earn an extra seven hours of vacation
per year, up to eight years or 56 hours. An employee who works 40 hours per
week will earn an extra eight hours of vacation per year, up to eight years
or 64 hours. An employee who works less than a thirty-five-hour week will
earn an extra vacation day per year up to eight years calculated at the same
percentage as the employee's part-time daily hours. These hours will be added
to the total vacation on the anniversary date of hire, not to exceed 25 days.
G.
Vacation hours may be accumulated up to 175 hours or
25 days for employees-35, 200 hours or 25 days for employees-40 and 25 days
for permanent employees/part-time calculated at the same percentage as their
part-time daily hours worked.
H.
Compensation for unused vacation hours will be paid when
an employee leaves town employment up to a maximum of 25 days or 175 hours
for employees-35, 25 days or 200 hours for employees-40 and 25 days for permanent
employees/part-time calculated at the same percentage as their part-time daily
hours worked.
Personal time is leave with full pay to enable employees to attend to
personal business, including religious observance. Such time is intended to
provide employees with time to conduct their necessary personal affairs.
A.
Personal time will be earned at a rate of four days per
year. The "day" is dependent upon the number of hours presently worked daily.
B.
Personal time will be granted at the beginning of each
calendar year, except that new employees will receive personal time prorated
from the date of employment to the end of that year.
C.
Personal time may be used in increments of not less than
one hour with a supervisor's prior approval.
D.
Personal time may not be accumulated from year to year;
personal time not used shall lapse and the employee is not entitled to any
compensation for unused personal time.
Sick leave is leave with full pay for an employee's absence due to his/her illness or disability not covered by worker's compensation. Sick leave may also be used by an employee due to the illness of his/her spouse, child or parent or the illness of any person residing with the employee; for doctor and dentist appointments; and by an employee to attend the funeral of relatives who are not members of his/her immediate family, as defined under § 77-11, Bereavement leave.
A.
Sick leave for employees-35 will be earned based on a
monthly basis at a rate of seven hours per month; eight hours per month for
employees-40; and one day per month for permanent employees/part-time calculated
at the same percentage as their part-time daily hours worked.
B.
Sick leave charged against the employee's accrued hours
will be charged in increments of no less than one hour. A full day taken will
be charged as seven hours for employees-35, eight hours for employees-40 and
calculated at the same percentage as their part-time daily hours for permanent
employees/part-time.
C.
Sick leave may not be used until the employee has worked
at least six months for the town.
D.
Sick leave may not be used until the hours are earned.
E.
An employee must notify his/her supervisor of his/her
illness within one hour of the time their department opens.
F.
After returning from sick leave, an employee will complete
a "leave" form.
G.
Sick leave may be accumulated up to 1,050 hours or 150
days for employees-35. For employees-40, sick leave may be accumulated up
to 1,200 hours or 150 days. For permanent employees/part-time, sick leave
may be accumulated up to the same percentage of days as their part-time daily
hours worked. At the time of retirement, any unused sick time may be applied
against dependents' health insurance, if all other requirements of retirement
are met, up to a maximum of 1,050 hours or 150 days.
H.
In the event of sick leave lasting more than five days
continuously, the supervisor can require documentation from a health-care
provider.
I.
Employees who call in sick on the day before or the day
after a holiday will be asked to provide verification of illness by a health-care
provider. Without verification, the employee will not be paid for the holiday.
With the department head's permission, the holiday may be charged to sick
leave.
J.
Maternity. Sick leave may be used by a mother to care
for her newborn baby or her newly adopted child during the 30 working days
immediately following birth or adoption, or for illness or disability caused
by pregnancy or childbirth.
K.
Paternity. Sick leave may be used by a father to care
for his newborn baby or newly adopted child during the 30 working days immediately
following birth or adoption.
Bereavement leave is leave with full pay the equivalent of three days
for the purpose of attending the funeral, for religious observance or for
such other purpose relating to the death of a member of an employee's immediate
family.
A.
For such purpose, the term "immediate family" shall mean
a spouse, child, child's spouse, sister, brother, parent, grandparent, grandchild,
mother-in-law or father-in-law of the employee and shall also include any
person residing with the employee.
B.
With a supervisor's permission, sick leave or personal
time may be taken in conjunction with bereavement leave, if needed.
The term "holiday" shall mean New Year's Day, Martin Luther King, Jr.,
Day, Presidents' Day, 1/2 day on Good Friday or Passover, Memorial Day, Independence
Day, Labor Day, Columbus Day, Election Day, Veterans Day, Thanksgiving and
Christmas. When Independence Day or Christmas falls on a weekend, the day
nearest the actual day shall be designated as holiday time.
A.
In order to be paid for a legal holiday, it is necessary
for all employees to work the workday before and the workday after the holiday,
unless time is authorized by the department head. In the event that a person
uses sick time the workday before or the workday after a holiday, verification
from a physician will be necessary in order to be paid for the holiday.
B.
Employees who work on Election Day may choose some other
day as their holiday but must notify their supervisor seven days prior to
the day.
Jury leave is leave with full pay while on required jury duty in a court.
Witness leave is leave with full pay for the purpose of appearing as a witness
pursuant to a subpoena or other order issued by a court or government body
having authority to do so in any proceeding in which the employee is not a
party.
A.
Employees who are served with a notice for jury duty
or with a subpoena or order to appear as a witness shall notify their supervisor
as soon as possible.
B.
If the department head believes that the employee's jury
duty at such time, or the anticipated length of such service, will adversely
affect the operation of the department, the department head may require that
the employee request the court to excuse the employee from jury duty or defer
service to a later date. If the employee is excused from jury duty prior to
the end of the working day, he/she should call his/her department head.
C.
Employees using jury or witness leave shall submit a
letter from the appropriate court clerk specifying the date(s) and times served
on a jury or as a witness with the time record(s) where such leave was used.
If the letter from the appropriate court clerk will not be provided until
the jury duty or witness appearance is completed, the employee should attach
a copy of the court summons for jury duty or witness appearance to the time
records and then, upon completion of their jury duty or witness appearance,
submit the letter from the clerk to the Town Supervisor's office.
In addition to leaves of absence provided for by these rules and regulations,
all employees shall be entitled to such other paid or unpaid leaves as may
be provided for by law to such extent and on such terms and conditions as
may be specified thereby, including but not limited to military leave. Any
employee using military leave shall submit a copy of his/her orders with the
time record(s) where such leave was used.
A.
Employees may be granted leave without pay where, in
the judgment of the department head, there is justification for such leave
and the granting of it will not inconvenience the operation of the department.
B.
The length of the leave will be decided upon by the department
head with the approval of the Town Supervisor and ratification by the Town
Board.
A.
Blood donation. It is the policy of the town to encourage
participation in blood drives by employees who are eligible to donate. In
order to further this policy, the town, at the discretion of an employee's
department head, may excuse time taken by an employee to donate blood and
return to work, up to an hour and 1/2 per donation and not to exceed nine
hours annually, without charge to leave credits. The department head may require
that the employee provide written substantiation from the donation center
that he/she actually donated blood during the excused absence.
B.
Volunteer fire-fighting and emergency medical activities.
(1)
It is the policy of the town to encourage its employees
to actively participate in volunteer fire-fighting companies and emergency
medical services (EMS) units in the community.
(2)
In order to further this policy, the department head
may excuse the leave or lateness of an employee who is a volunteer fire fighter
or the lateness of an emergency medical technician (EMT) because he/she was
actively involved in an ongoing emergency without charge to leave credits.
(3)
Written substantiation from the Fire Chief or ambulance
crew chief that he/she was actively involved in an ongoing emergency situation
during the excused time will be needed.
(4)
Such excused time shall not exceed 14 hours annually.
Compensatory time is time off to compensate for hours worked beyond
the employee's normal work week. The employee's supervisor will decide if
an employee is to receive compensatory time or be paid for the time (at the
usual rate).
A.
Compensatory time may be used in increments of not less
than one hour with a supervisor's prior approval.
B.
Compensatory time may not be accumulated from year to
year; compensatory time not used shall lapse and the employee is not entitled
to any compensation for unused compensatory time. This time shall be taken
within 90 days of the occurrence.
[Amended 12-19-1995]
The employer shall provide Blue Cross, CDPHP, CHP or MVP Health Insurance
coverage at the employee's option of premiums for employees and 50% of the
premiums for the employee's dependents if the employee is permanent or permanent/part-time
working over 17.5 hours per week hired prior to January 1, 1989, or 25 hours
per week hired after January 1, 1989. Upon retirement, employees hired before
April 1, 1976, after 10 years of service will have 100% individual coverage
and 50% dependent coverage paid by the town if they meet all other requirements
for health insurance coverage. Employees hired after April 1, 1976, will have
50% individual coverage and 35% dependent coverage paid by the town if they
meet the above requirements. At age 65, employees and their dependents will
have their Medicare premiums paid by the town.
Worker's compensation shall be no charge to the employee.
The maximum payment by the employee is $1.20 per pay period.
The town will reimburse the employee for work-related college courses
where the grade of "C" or better is earned, up to a maximum of $1,000 per
year. Approval of the course as work-related must be given, before the course
is begun, by the employee's immediate supervisor. If the course is only given
in the daytime, personal time may be taken or the time lost from work must
be made up.
