City of Herculaneum, MO Article I General Provisions

Section 105.005 Definitions.

[Ord. No. 00-023 §1, 11-13-2000]

The following words, when used in this Chapter, shall mean:

FULL-TIME EMPLOYEE

An employee that has worked a minimum of one thousand eight hundred (1,800) hours in the twelve (12) months immediately preceding the time in question for purposes of vacation. For other purposes set forth in this Chapter, a full-time employee shall be considered an employee that has averaged thirty-five (35) hours of work per week during the preceding thirteen (13) weeks of their employment. In the event of an employee who has been employed less than thirteen (13) weeks, that employee shall be considered a full-time employee in the event the employee has averaged thirty-five (35) hours of work per week during the period beginning on the date their employment commenced up through and including the time in which the benefits set forth herein shall be applicable to said employee.

Section 105.010 Holidays.

[Ord. No. 271 §1; Ord. No. 506 §1, 5-13-1991; Ord. No. 533, 2-22-1993; Ord. No. 605, 1-13-1997; Ord. No. 00-023 §3, 11-13-2000]

A. The following dates shall be paid for all full-time employees of the City of Herculaneum: New Year's Eve, December 31st; New Year's Day, January 1st; M. L. King's Birthday, third Monday in January; President's Day, third Monday in February; Memorial Day; Juneteenth, June 19th; Independence Day, July 4th; Labor Day, first Monday in September; Veterans Day, November 11th; Thanksgiving Day, fourth Thursday in November; Friday after Thanksgiving; Christmas Eve, December 24th; and Christmas Day, December 25th. For New Year's Eve, Juneteenth, Independence Day, Veterans Day, and Christmas Eve, if it falls on a Saturday, the Friday before shall instead be the paid holiday and if it falls on a Sunday, the Monday after shall be the paid holiday instead of the holiday itself. If Christmas Day or New Year's Day fall on a Saturday or Sunday, then Monday after shall be the paid holiday instead of the holiday itself.

[Ord. No. 21-2022, 7-18-2022; Ord. No. 05-2023, 2-6-2023; Ord. No. 14-2023, 4-3-2023]

B. Any full-time employee of the City as defined by Section 105.070(F) of the Municipal Code shall have in addition to the paid holidays specified by ordinance, a personal holiday which shall be his/her birthday; the employee may take said personal holiday within one (1) week of its occurrence; provided however, that he/she notify his/her supervisor one (1) week in advance of when he/she desires to take such holiday.

C. A holiday not worked shall not be considered as time worked in the computation of weekly overtime pay.

D. If any employee works on any holiday mentioned, in addition to his/her regular eight (8) hours pay, he/she shall be paid one and one-half (1 1/2) times his/her regular rate. All members of the Police Department or Fire Department shall be paid eight (8) regular hours of pay for each holiday, whether they work or not. This will be done in order to keep from rescheduling days off for officers and firefighters that do not work the holiday.

[Ord. No. 43-2020, 12-7-2020]

E. An employee must work all of his/her last scheduled day before the holiday and all of his/her first scheduled day after the holiday in order to receive his/her holiday pay.

Section 105.015 Probationary Period.

[Ord. No. 506 §1, 5-13-1991]

All new employees shall serve a one hundred twenty (120) day probationary period. Probationary employees shall not accumulate seniority, but, if and when such probationary employees become regular employees, they shall be given seniority credit for all time worked as probationary employees.

Section 105.020 Overtime.

[Ord. No. 49 §§2 — 5; Ord. No. 506 §1, 5-13-1991; Ord. No. 04-015 §1, 7-12-2004; Ord. No. 05-001 §4, 1-10-2005; Ord. No. 22-2009 §1, 7-27-2009]

A. Overtime Work — Generally. Officials of the City are not authorized to compensate officers or employees of the City for overtime, except overtime authorized in accordance with the provisions of this Section. "Overtime" means, as to all employees of the City to whom the overtime provisions of the Fair Labor Standards Act apply, except Police Officers and Firefighters of the City, hours worked in excess of forty (40) hours per week. "Overtime" means, with respect to Police Officers of the City to whom the overtime provisions of the Fair Labor Standards Act apply, work in excess of one hundred seventy-one (171) hours per twenty-eight (28) days consecutive "work period," as defined in the Fair Labor Standards Act, or a correspondingly lower number of hours for a shorter work period. "Overtime" means, with respect to Firefighters of the City to whom the overtime provisions of the Fair Labor Standards Act apply, work in excess of two hundred twelve (212) hours per twenty-eight (28) days consecutive "work period," as defined in the Fair Labor Standards Act, or a correspondingly lower number of hours for a shorter work period.

[Ord. No. 43-2020, 12-7-2020]

B. Authority To Grant Overtime. The Mayor is authorized to provide for overtime for City employees. The Mayor may delegate said authority to the City Clerk, the Chief of Police, the Fire Chief and the Public Works Coordinator.

[Ord. No. 43-2020, 12-7-2020]

1. In the event the Mayor or his designee authorizes overtime and non-Police personnel of the City to whom the overtime provisions of the Fair Labor Standards Act apply are authorized to work overtime, then such non-Police personnel shall be compensated for all hours of overtime worked by pay at the rate of one and one-half (1½) times their normal salary calculated at an hourly rate.

2. In the event the Mayor or his/her designee authorizes overtime with respect to Police Officers or Firefighters to which the overtime provisions of the Fair Labor Standards Act apply, they shall be compensated at the rate of one and one-half (1½) hours pay per hour of overtime worked, or credited with compensatory time at the rate of one and one-half (1½) hours compensatory time for each hour of overtime worked, at the election of the Mayor or Chief of Police or Fire Chief, in accordance with the standards authorized by the Fair Labor Standards Act. The maximum compensatory time which may be accrued by any such Police Officer or Firefighter shall be four hundred eighty (480) hours.

3. Hourly employees working on any paid holiday herein before designated shall be paid at their hourly rate in addition to their holiday pay; provided however, that no other overtime shall be paid for labor done on holidays designated herein.

4. In the event an employee is called out, he/she shall be paid a minimum of two (2) hours pay.

5. With respect to Police and Fire personnel, in the event they are scheduled to work on a holiday, then the Chief of Police or Fire Chief is authorized to allow a day off for the holiday on which they were on duty. Such holiday shall be required to be taken in the same yearly quarter on which the holiday falls.

C. Overtime work may be authorized by the department heads, when necessary, and such authorized overtime shall be reported to the City Administrator. Employees may be compensated for authorized overtime by being granted equal time off at the convenience of the department head if the employee works more than forty (40) hours in the weekly pay period. If said authorized overtime is more than forty (40) hours per week, then, at the option of the department head or City Administrator, such employee may be paid for such overtime work at what is known as "time and a half". Alternatively, an employee may be granted time off from work at the rate of one and a half (1½) hours for every hour worked in excess of forty (40) hours per week. Employees shall be permitted to accumulate no more than eighty (80) hours of "compensatory time". In the event of the resignation, retirement, termination or dismissal of an employee, the employee will then be entitled to the then hourly rate of such accumulated compensatory time. Any compensatory time must be approved by the employee's department head or by the City Administrator.

Section 105.030 Compensation Time. [1]

[1] Editor's Note — Ord. no. 04-015 repealed section 105.030: Compensation Time without any specific provisions for replacement. Former section derived from ord. no. 29 §§1 — 5 and ord. no. 00-023 §5, 11-13-00. The Compensation Time Agreement can be found on file in the City offices.

Section 105.035 Payday — Hours of Work.

[Ord. No. 506 §1, 5-13-1991; Ord. No. 99-012, 4-12-1999]

Payday will be Thursday with checks given out at the end of the workday. Pay period will cover the week starting on the previous Thursday and cover all time worked until the end of the scheduled day on the following Wednesday. Regular hours of work and breaks shall be according to department schedule.

Section 105.040 Personal Leave.

[Ord. No. 172 §§1 — 6; Ord. No. 574 §105.040, 1-9-1995; Ord. No. 616 §1, 8-11-1997; Ord. No. 98-018, 9-14-1998; Ord. No. 00-023 §6, 11-13-2000]

A. Full-Time Employees Entitled To Personal Days. Full-time employees as defined in this Chapter of the City of Herculaneum shall be entitled to their regular daily salary for days in which they are absent from work for personal reasons, including illness or injury subject to the limitations set forth in this Chapter. Any unused personal days which are accumulated by the employee shall not be compensated in any way at the time of resignation or dismissal of an employee. Further, the employee shall not be paid for any personal days taken within the last two (2) weeks of their employment.

B. Personal Days Due To Sickness. To the extent that the policy is not being abused by an employee, paid personal leave as set forth in Subsection (A) hereof will be allowed for up to five (5) working days or forty (40) hours per year. After a period of five (5) working days or forty (40) hours per year, the absence of said employee shall be brought before the Board of Aldermen for review to determine whether a continuation of said personal leave or sick leave is appropriate. If the Board of Aldermen decides that paid personal leave or paid sick leave is no longer appropriate, then the employee may continue on unpaid personal leave or unpaid sick leave only to the extent such unpaid personal leave or unpaid sick leave is consistent with this Section and the provisions of the Family and Medical Leave Act. During the last two (2) weeks of their employment, an employee will be permitted to take personal leaves for purposes of sickness only. The City shall reserve the right to require the employee to provide proof of illness by a duly licensed medical doctor, D.O. or dentist prior to being compensated for sick leave used within the last two (2) weeks of their employment. Any unused sick leave will not be compensated for in any way at the time of resignation or dismissal of an employee.

C. Workers' Compensation. Any injury occurring at work shall be governed by the principles of Missouri Workers' Compensation law and shall be unaffected by this Section except, however, any person who is off of work due to a Workers' Compensation injury may, at the discretion of the Board of Aldermen, be paid a sum equal to the difference between their regular gross pay and the amount they receive under Workers' Compensation. Taxes shall be withheld in accordance with law on the non-Workers' Compensation portion of any such payment.

D. Effect Of Family And Medical Leave Act. For any leave taken pursuant to the Family and Medical Leave Act resulting from a serious health condition that makes the employee unable to perform the functions of the employee's position, the personal days available pursuant to this Section of the Municipal Code of the City of Herculaneum shall be considered part of that leave, such that the employee is not entitled to both personal leave and leave taken due to a serious health condition under the Family and Medical Leave Act.

Section 105.050 Family and Medical Leave. [1]

[Ord. No. 574 §105.090, 1-9-1995; Ord. No. 03-004 §1, 4-14-2003]

A. Applicability Of Family And Medical Leave. All "eligible employees" shall receive leave benefits pursuant to the Family And Medical Leave Act codified at 29 USC 2601 et. seq. An "eligible employee" is one employed by the City of Herculaneum for at least twelve (12) months and has worked at least one thousand two hundred fifty (1,250) hours within the previous twelve (12) months period.

B. Conditions For Family And Medical Leave. Each "eligible employee" of the City of Herculaneum shall be entitled to a total of twelve (12) workweeks of leave during any twelve (12) month period for one (1) or more of the following:

1. Because of the birth of a son or daughter of employee and in order to care for such son or daughter;

2. Because of placement of a son or daughter with the employee for adoption or foster care;

3. In order to care for the spouse, son, daughter, or parent of employee if such spouse, son, daughter, or parent has a serious health condition; and/or

4. Because of a serious health condition that makes the employee unable to perform the function of the position of such employee.

C. Notification Of Request. Eligible employees should make requests for family leave to their supervisors at least thirty (30) days in advance of foreseeable events and as soon as possible for unforeseeable events.

D. Health Care Provider's Statement. Employees requesting family leave related to the serious health condition of a child, spouse, or parent or requesting leave related to a serious condition of the employee, may be required to submit a health care provider's statement verifying the need for medical or family leave, its beginning and ending dates, and the estimated time required.

E. Duration Of Leave. Eligible employees may request up to the maximum twelve (12) weeks of family leave within any twelve (12) month period. Said twelve (12) month period will be measured forward from the date the first (1st) Family Medical Leave leave begins. Any combination of family leave and medical leave may not exceed this maximum limit. Employees will be required to apply the applicable sick leave or vacation time to the time spent away from the job pursuant to the Family and Medical Leave Act such that no employee shall be entitled to a total amount of leave in excess of the twelve (12) workweeks required by the Family and Medical Leave Act. Married employee couples will be restricted to a combined total of twelve (12) weeks of leave within any twelve (12) month period for childbirth, adoption or placement of a foster child or to care for a parent, child or spouse with a serious health condition.

F. Contact During Leave. Any employee taking leave pursuant to the Family and Medical Leave Act will contact the City of Herculaneum every three (3) weeks during the leave in order to inform the City of Herculaneum of the status of employee's leave and whether the employee intends to return to work within the next three (3) week period. If the employee has not done so during the other contacts to the City of Herculaneum, the employee will inform the City of Herculaneum of his/her intention to return to work at least two (2) weeks prior to the date the employee intends to return to duty.

G. Reinstatement. At the end of leave taken pursuant to the Family and Medical Leave Act, the employee will be reinstated to the same position, if it is available, or an equivalent position for which the employee is qualified.

[1] Editor's Note — Ord. no. 574 repealed section 105.050 concerning sick leave, then set out additional provisions on family and medical leave, which we placed herein. Former section 105.050 derived from ord. no. 202 §§1 — 3.

Section 105.060 Funeral Leave.

[Ord. No. 179 §1; Ord. No. 00-023 §2, 11-13-2000]

Upon the death of an employee's mother, father, brother, sister, spouse, children, mother-in-law, father-in-law or grandparents, all full-time employees of the City of Herculaneum shall be entitled to three (3) days of paid leave. The Board of Aldermen may, at its discretion, grant additional time for an employee's absence in the event of such a death, but no additional compensation shall be paid beyond three (3) days. Any temporary employee or an employee who does not meet the definition of full-time as set forth in Section 105.005 shall be entitled to three (3) days of unpaid leave. The Board of Aldermen may, at its discretion, grant additional time for such part-time employee's absence in the event of such a death, but no compensation shall be paid.

Section 105.065 Jury Duty.

[Ord. No. 506 §1, 5-13-1991]

The City may pay the difference in the jury pay and employees regular rate of pay, for each day, providing the employee performs his/her duty as juror.

Section 105.070 Vacations.

[Ord. No. 227 §§1 — 7; Ord. No. 506 §1, 5-13-1991; Ord. No. 531 §105.070, 2-22-1993; Ord. No. 574 §105.070, 1-9-1995; Ord. No. 98-017 §§1 — 2, 9-14-1998; Ord. No. 98-020, 11-9-1998]

A. Applicability. This Section shall apply to all full-time employees of the City as defined by Section 105.070(F) of the Municipal Code, who are not represented by a union or are not members of an established collective bargaining unit with the City of Herculaneum, and who are reported to the State of Missouri as full-time employees.

B. Scheduling Of Vacation. The City will attempt to comply with the request of an employee for a particular vacation period when possible, but the final determination of when such vacation shall be scheduled shall be at the discretion of the supervisor of such employee or if there is no designated supervisor, with the Board of Aldermen. Whenever possible, vacations shall commence on the first (1st) day of the work week for the employee and end on the last day of the employee's work week. In the case of conflicting requests as to vacation time, the department head or the Board of Aldermen shall decide as to which employee shall be given his vacation at a given time on the basis of seniority, length of time since last vacation, favorable or unfavorable time at which said request is made and the employee's family situation.

C. Dismissal, Resignation Or Lay Off. Any employee who is discharged for cause shall not receive any vacation or compensation therefor. In the event of lay off for lack of work or resignation of an employee, such employee shall be entitled to vacation from his last work day with the City.

D. Paid Vacation. The pay of any employee shall continue at the same rate during the period of his vacation.

E. Amount Of Vacation Due.

[Ord. No. 25-2018, 7-16-2018]

1. Employee Who Is Employed Less Than One (1) Year. An employee of the City shall not be entitled to a vacation until after he/she has been in the actual employment of the City for a time period of one (1) year.

2. Employment Of More Than One (1) Year And Less Than Two (2) Years. An employee who has been in the actual employment of the City for a time period of more than one (1) year and less than two (2) years shall be entitled to one (1) week of vacation. He/she may take one (1) week of vacation immediately upon completion of his/her first (1st) year of employment. Thereafter, in the following years, he/she may take his/her one (1) week of accrued vacation at anytime during the calendar year, all subject to the provisions of Subsection (B) set forth above.

3. Employment Of More Than Two (2) Years And Less Than Five (5) Years. An employee who has been in the actual employment of the City for a time period of more than two (2) years and less than five (5) years shall be entitled to two (2) weeks of vacation. He/she is entitled to the second (2nd) week of vacation only upon the completion of his/her second (2nd) year of actual employment. The first (1st) week to which he/she is entitled may be taken either before or after the second (2nd) anniversary of his/her actual employment with the City. Thereafter, during subsequent years he/she may take his/her two (2) weeks of accrued vacation at anytime during the calendar year, all subject to the provisions of Subsection (B) set forth above.

4. Employment Of More Than Five (5) Years. An employee who has been in the actual employment of the City for a time period of more than five (5) years shall be entitled to three (3) weeks of vacation. He/she is entitled to the third (3rd) week of vacation only upon the actual completion of his/her fifth (5th) year of employment. The first (1st) and second (2nd) weeks to which he/she is entitled may be taken either before or after the fifth (5th) anniversary of his/her actual employment with the City. Thereafter, during subsequent years he/she may take his/her three (3) weeks of accrued vacation at any time during the calendar year, all subject to the provisions of Subsection (B) set forth above.

5. Employment Of Ten (10) Years. After completion of ten (10) years of service, employees earn vacation pay from their tenth (10th) anniversary date of employment at the rate of one hundred sixty (160) hours per year. Employees after ten (10) years of service, are entitled to one hundred sixty (160) hours vacation pay per year.

6. Employment Of Fifteen (15) Years. After completion of fifteen (15) years of service, employees of the City of Herculaneum shall be entitled to five (5) weeks of paid vacation per year.

7. Employment Of Twenty-Two (22) Years. After completion of twenty-two (22) years of service, employees of the City of Herculaneum shall be entitled to six (6) weeks of paid vacation per year.

F. Full-Time Employee Defined. An employee of the City shall be considered a full time employee; and, therefore, entitled to vacation if such employee has worked a minimum of one thousand eight hundred (1,800) hours in the twelve (12) months immediately preceding the time in question for vacation of such employee.

G. Any leave taken pursuant to the Family And Medical Leave Act, other than leave taken as a result of a serious health condition of the employee, shall be considered vacation time, such that an employee is not entitled to vacation time in addition to leave taken pursuant to the Family and Medical Leave Act.

H. Continuous Employment. In calculating the amount of vacation due to an employee, an employee that leaves the City's employ and then returns to work at a later date will be considered to have a break in service and will have all benefits accrue only from the last start date of employment.

Section 105.080 Health Insurance Benefits.

[Ord. No. 79 §§1 — 4; Ord. No. 327 §1; Ord. No. 541 §§A — E, 4-12-1993; Ord. No. 560 §§1 — 4, 1-24-1994; Ord. No. 573, 12-12-1994; Ord. No. 00-023 §4, 11-13-2000; Ord. No. 01-011 §1, 6-12-2001]

A. Medical Insurance Program.

1. The City of Herculaneum shall make available to participating full-time, non-probationary employees a medical insurance program. The medical insurance program shall be selected by the City and reviewed yearly. The health insurance premiums shall be paid by the City of Herculaneum for all participating employees and their spouse and children upon successful completion of their probationary period. Subject, however, that the City will pay complete coverage for the employee regardless of cost. Subject, further, that with respect to a present employee's spouse and children, the City will pay an amount for said spouse or children, if applicable, not to exceed the premiums paid for the spouse and children on July 1, 2000. Any increase in premium after July 1, 2000, applicable to the employee's spouse or children must be paid by the participating employee. In the event an existing employee adds coverage for a spouse or child or children, then the City will pay an amount not to exceed the premium paid for a similarly situated employee and/or their family on July 1, 2000, with respect to the amount paid for the employee's spouse or children. With respect to any new full-time, non-probationary employee, the City shall pay the complete health insurance premium for the employee, however, the amount to be paid for the employee's spouse or children will be an amount not in excess of the premium paid for a such similarly situated employee's spouse or child on July 1, 2000.

2. Any increase in premium payments after the effective date of Section 105.080, said date being November 13, 2000, will be paid by the City if it is with respect to a participating full-time, non-probationary employee. However, any increase in premium payment after the effective date of November 13, 2000, shall be paid by the participating employee if it is with respect to the employee's spouse or children unless the Board of Aldermen, by resolution, votes to provide additional coverage.

3. If the insurance carrier selected by the City refuses any particular employee, the City shall compensate the employee in such a manner as set forth in the Herculaneum Municipal Code at Section 105.080. In the event the employee does not pay any increase in premiums after the effective date of this Subsection, then the City shall have no responsibility for maintaining health insurance premiums for said employee and/or their family and in the event the participating employee fails to pay any additional insurance premium due and owing prior to the due date thereof, then City shall not be required to remit the remaining portion of any premium due for that employee and/or their family. In the event an employee has a change in family status, such as marriage, divorce, birth of a child or change of address, telephone number, person to be notified in case of emergency, or other changes that may affect health care coverage, the employee must notify the City Clerk within ten (10) days of the change.

4. If the employee is eligible for insurance coverage through another source at a cost less than the premium amount that would otherwise be paid by the City for a participating employee, the Board of Aldermen may, by resolution, vote for the City to compensate the employee in such a manner as is set forth in the Herculaneum Municipal Code at Section 105.080. In order to receive such compensation, the employee shall provide the City with a monthly statement from the insurance provider of the cost of the insurance coverage.

[Ord. No. 17-2016 §1, 6-20-2016]

B. (Reserved)

C. (Reserved)

D. Withholding. Participating employees must sign authorization permitting employer to withhold from paycheck any premium required to be remitted by employee.

E. Dependents. Pursuant to Section 67.210, RSMo., the City, when providing for health insurance benefits for its officers and employees, may also provide or pay for all or part of such benefits, as may be determined by the Board, for the dependents of its officers and employees.

F. Retirees. Any employee who retires from employment with the City of Herculaneum with a minimum of five (5) years of employment may elect at the employee's expense to remain on the health insurance policy previously provided by the City, conditioned upon the following terms:

1. The policy shall be at no cost to the City;

2. The insurance company selected by the City will allow the former employee or his/her spouse to remain under the coverage of the City with no additional costs to the City or its employees by way of increased premiums resulting from the retired status of the employee, or other additional expenses resulting from the retired status of the employee;

3. Any premiums required to be paid by the City for the coverage of said retired employee shall be reimbursed to the City by said employee. Such premium payment shall be made to the City in advance of the due date of any policy premium due and owing by the City for policy premiums;

4. At such time as the employee becomes eligible for Medicare or Medicaid or would become eligible but for coverage obtained through the City, the employee shall apply for and obtain coverage under Medicaid or Medicare;

5. Failure of any of the conditional terms of the coverage for retired employees as provided by this Section shall result in the termination of coverage; and

6. The City reserves the right at any time upon amendment of this Subsection to withdraw such coverage for retirees.

Section 105.090 Pension.

[Ord. No. 581 §105.090, 5-8-1995]

A. The Board of Aldermen shall be empowered to act by resolution to enter any agreement or contract with any entity for the purpose of providing a pension plan for the employees of the City of Herculaneum.

B. The amounts provided by any such pension plan, amounts of employee contribution, employee eligibility for said pension plan, and any other details of said pension plan shall be determined by the Board of Aldermen and enacted by resolution and may be amended by resolution as deemed necessary by the Board of Aldermen.

C. The Mayor of the City of Herculaneum is hereby authorized to sign any documents or otherwise perform any act necessary for the purpose of executing any agreement or contract pursuant to said resolutions of the Board of Aldermen concerning a pension plan.

Section 105.100 Disciplinary Action.

[Ord. No. 506 §1, 5-13-1991]

A. Disciplinary action shall be at the discretion of the Department Supervisor. Refusing an assignment, fighting, drunkenness, theft, or the use of narcotics, while on duty, shall be cause for immediate discharge. Any employee who feels he/she has been discharged wrongfully, may request a review of said discharge before the majority of the Board of Aldermen.

B. Any employee who fails to report off to his/her immediate supervisor for three (3) consecutive days without just cause, shall forfeit his/her employment with the City. All employees will be required to report daily, to his/her immediate supervisor or superintendent.

C. Excessive absenteeism and/or tardiness will not be tolerated by the City. Disciplinary action will be at the discretion of the Board of Aldermen.

Section 105.110 Non-Discrimination and Coercion.

[Ord. No. 506 §1, 5-13-1991]

The City agrees that they will fully comply with the Statutory requirements prohibiting discrimination on account of age, sex, marital status, race, color, creed, religion, national origin or political affiliation.