City of Centralia, MO Employee Benefits

All leaves are granted by department heads or the City Administrator and shall be granted in accordance with the provisions established for each type of leave.

Periods of absence shall be recorded to the nearest half hour.

Part-time, seasonal, and temporary employees shall not receive the benefits outlined in this Section other than benefits allowed under Family/Medical Leave if the employee qualifies, except that the City Administrator with written authorization in advance may allow for unpaid leave under special circumstances.

Employees may be recalled from holiday or vacation leave or may have their scheduled vacation leave postponed in the event the City Administrator declares that an emergency situation exists. When an employee is recalled from vacation leave, the employee's vacation shall be rescheduled and granted at the earliest convenient time.

Benefits for employees on officially recognized leaves of absence shall be as follows:

Except as otherwise specifically provided in this Article V, all authorized employee benefits shall continue to accrue to employees on officially recognized leaves of absence.

LAGERS retirement coverage, worker's compensation coverage and health insurance coverage (including any life insurance made part of the basic health insurance policy) shall be continued for employees on all officially recognized leaves of absence except as provided below. For an employee who is on a leave that is without pay (other than Family/Medical Leave and other than a leave because of an employee's own illness, injury, disability on the job, or temporary disability caused or contributed to by a pregnancy, miscarriage, abortion, childbirth and recovery therefrom), the City shall pay no part of the premium for health insurance coverage, attributable to that employee during the period of that kind of leave that is without pay. For an employee on leave without pay that the City will not pay the premium for concerning that employee's health insurance coverage, the employee shall be entitled to keep the health insurance coverage during the leave period by paying in a timely manner the entire part of the health insurance premium attributable to that employee during the leave period. When an employee on a type of leave without pay normally has a payroll deduction for some item such as insurance or LAGERS retirement, the employee shall make arrangements with the City Administrator or his designated representative to make personal payments for the item normally paid by the payroll deduction if payment is desired to be continued while the employee is on leave without pay.

Section 22-70.2 Family/medical leave. [1]

[Ord. No. 1777 § 1, 2-21-1994]

Family/Medical Leave shall be permitted to be taken by employees under the provisions of the Federal Family and Medical Leave Act of 1993 (29 U.S.C. Section 2601 et. seq.) and Federal regulations relating thereto (29 CFR Part 825), and the provisions of this Chapter of the City Code.

Concerning Family/Medical Leave, the following words and phrases shall have the following meanings:

CHILD

A biological child, adopted child, foster child, stepchild or legal ward of the employee who is either under age eighteen (18) or is age eighteen (18) or older and incapable of self-care because of a mental or physical disability.

CONTINUING TREATMENT BY A HEALTH CARE PROVIDER

When the employee or the employee's spouse, child or parent in question is treated two (2) or more times for an injury, illness or prenatal care by a health care provider or a nurse or physician's assistant under the direct supervision of the health care provider; or

When the employee or the employee's spouse, child or parent in question is treated for an injury or illness two (2) or more times by a provider of health care services (such as a therapist) under orders of, or on referral by, a health care provider, or is treated for an injury or illness by a health care provider on at least one (1) occasion which results in a regimen of continuing treatment under the supervision of the health care provider; or

When the employee or the employee's spouse, child or parent in question is under the continuing supervision of, but not necessarily being actively treated by, a health care provider due to a serious long-term or chronic condition or disability which cannot be cured, including Alzheimer's Disease, a severe stroke, or terminal stages of a disease.

HEALTH CARE PROVIDER

Doctors of medicine or osteopathy authorized to practice medicine or surgery by the State in which the doctors practice; and

Podiatrists, dentists, clinical psychologists and optometrists authorized to practice in the State in which the persons practice and performing within the scope of their practice as defined under State law; and

Chiropractors, provided that the treatment is for manual manipulation of the spine to correct a subluxation as demonstrated by x-ray to exist, if the chiropractors are authorized to practice in the State in which the persons practice and they perform within the scope of their practice as defined under State law; and

Nurse practitioners and nurse-midwives who are authorized to practice under State law and who are performing within the scope of their practice as defined under State law; and

Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts.

INTERMITTENT LEAVE

Leave taken in separate blocks of time because of single health condition rather than for one (1) continuous period of time, and may include time increments from a half (1/2) hour or more to several weeks.

PARENT

Biological or adoptive parent of the employee (and excluding a parent "in law" of the employee).

REDUCED LEAVE SCHEDULE

A leave schedule that reduces an employee's usual work schedule from full-time to part-time by reducing the number of working hours per work-week or number of working hours per workday.

SERIOUS HEALTH CONDITION

An illness, injury, impairment, or physical or mental condition that involves:

Any period of incapacity or treatment in connection with or consequent to inpatient care for at least an overnight stay in a hospital, hospice or residential medical care facility; or

Any period of incapacity requiring absence from work, school, or other regular daily activities, or more than three (3) calendar days, that also involves continuing treatment by or under the supervision of a health care provider; or

Continuing treatment by or under the supervision of a health care provider for a chronic or a long-term health condition that is incurable or so serious that, if not treated, would likely result in a period of incapacity of more than three (3) calendar days; or

Continuing treatment by or under the supervision of a health care provider for prenatal care.

UNABLE TO PERFORM THE FUNCTIONS OF THE POSITION OF THE EMPLOYEE

When the employee is unable to work at all or is unable to perform any of the essential functions of the employee's position within the meaning of the Federal Americans with Disabilities Act and the regulations relating thereto at 29 CFR Part 1630, according to a finding by a health care provider.

An employee is not entitled to take and use Family/Medical Leave unless the employee has been employed by the City for at least twelve (12) months (fifty-two (52) weeks), whether or not consecutive. Employment for any part of a week counts as a week of employment. Further, an employee is not entitled to take Family/Medical Leave unless the employee also has been employed by the City for at least one thousand two hundred fifty (1,250) hours during the twelve (12) month period immediately preceding the commencement of taking and using any Family/Medical Leave.

Each employee (whether male or female and whether or not married to another City employee) entitled to take Family/Medical Leave shall be granted a total of twelve (12) work-weeks of Family/Medical Leave during a twelve (12) month period commencing with the employee's employment anniversary date for any of the following reasons:

For the birth of the employee's child, and to care for the newborn child, including prenatal care for a female employee, provided that this leave cannot be taken later than one (1) year after birth of the child.

For placement with the employee of a child for adoption or foster care, including mattes that must be taken care of before placement for placement to proceed, provided that this leave cannot be taken later than one (1) year after placement of the child.

To care for the employee's spouse, child or parent with a serious health condition.

For the employee's own care because of a serious health condition of the employee that makes the employee unable to perform the functions of the position of the employee.

For purposes of determining work-weeks for Family/Medical Leave, a work-week shall be forty (40) hours for all City employees, whether an employee receives an hourly wage or is salaried. Periods of Family/Medical Leave shall be recorded to the nearest half (1/2) hour.

Generally, Family/Medical Leave is unpaid. However, the City requires that in any situation that qualifies for Family/Medical Leave, accrued and unused paid vacation leave, accrued and unused paid sick leave and unused paid leave for an additional holiday chosen by the employee shall be fully taken and used first by the employee and counted as part of Family/Medical Leave before the employee may take any remaining portion of Family/Medical Leave that is unpaid. In a situation that qualifies for paid sick leave but does not qualify for Family/Medical Leave, no part of such sick leave taken in that situation by an employee shall be counted as part of Family/Medical Leave. Whenever unused paid leave is taken and used by the employee and counted as part of Family/Medical Leave, the employee shall not be required to comply with any requirements for Family/Medical Leave that are more restrictive from the employee's standpoint than are required for the paid leave being taken and used.

Sick leave and vacation leave shall not accrue to an employee during the time period the employee is taking Family/Medical Leave that is unpaid. On return from Family/Medical Leave, an employee shall be returned to the same position the employee held when the leave commenced, or to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment; provided however, that an employee shall have no greater right to reinstatement or to other conditions of employment than if the employee had been continuously employed during the Family/Medical Leave period. An employee shall not be required to be returned to the same position the employee held when the leave commenced or to an equivalent position, if the employee obtained Family/Medical Leave in a fraudulent manner.

Except as provided in Subsection (E), if the need for leave that qualifies for Family/Medical Leave is foreseeable to an employee at least thirty (30) days in advance based on an expected birth of a child, placement for adoption or foster care of a child, or planned medical treatment for a serious health condition of the employee or the employee's spouse, child or parent, then the employee shall provide the City Administrator with at least thirty (30) days advance notice of the employee's intention to take such leave before the Family/Medical Leave commences (unless waived by the City Administrator). If the need for leave that qualifies for Family/Medical Leave is not foreseeable to an employee for at least thirty (30) days so that thirty (30) days notice is not practicable, such as because of lack of knowledge of approximately when leave will be required to begin, a change in circumstances, or a medical emergency, then the employee shall provide the City Administrator with notice of the employee's intention to take such leave as soon as practicable, which generally should be within no more than one (1) or two (2) business days of when the need for the leave becomes known to the employee, except in extraordinary circumstances. The notice given by the employee to the City Administrator may be verbal or in writing, but shall be sufficiently specific to make the City Administrator aware that the employee is requesting leave that qualifies for Family/Medical Leave. In addition, the notice shall include the anticipated timing and duration of the leave. It is recommended that notice of the leave request be provided by the employee to the City Administrator by completion of a written leave request form. If an employee fails to give thirty (30) days notice for foreseeable Family/Medical Leave with no reasonable excuse for the delay, the City Administrator may deny the taking of the Family/Medical leave until thirty (30) days after the date the employee provides notice to the City Administrator of the need for Family/Medical Leave.

When an employee plans medical treatment that qualifies for Family/Medical Leave, the employee shall consult with the department head and make a reasonable effort to schedule the leave so as not to disrupt unduly the City's operations, subject to the approval of the health care provider. Generally, an employee is expected to consult with the department head prior to the scheduling of treatment in order to work out a treatment schedule which best suits the needs of both the City and the employee. In any event, when notice is given by an employee of the need for leave that qualifies for Family/Medical Leave, the City Administrator may, for justifiable cause, require an employee to attempt to reschedule treatment, subject to the ability of the health care provider to reschedule the treatment and the approval of the health care provider as to any modifications of the treatment schedule.

Leave that qualifies for Family/Medical Leave may be taken by an employee either as intermittent leave or on a reduced leave schedule under certain circumstances. Where Family/Medical Leave is taken because of a birth or placement of a child for adoption or foster care, an employee shall have the right to take intermittent leave or a reduced leave schedule in that situation, subject to the provisions of this Subsection. Where Family/Medical Leave is taken to care for the employee's spouse, child or parent with a serious health condition or for the employee's own care because of a serious health condition of the employee that makes the employee unable to perform the functions of the position of the employee, an employee shall have the right to take intermittent leave or a reduced leave schedule when a health care provider certifies in writing that either:

There is a medical necessity for such leave that can be best accommodated through intermittent leave or a reduced leave schedule, or

In the case of care for the employee's spouse, child or parent, that the leave is necessary to care for any such person or will assist in the person's recovery.

The time increments of intermittent leave or a reduced work schedule shall be at least one-half (1/2) hour and shall be recorded to the nearest half (1/2) hour. Employees having the right to take intermittent leave or a reduced leave schedule must attempt with the City to work out a schedule which meets the employee's needs without unduly disrupting the City's operations, subject to the approval of the health care provider. Further, the City Administrator may temporarily transfer an employee who is taking intermittent leave or a reduced leave schedule that is foreseeable based on planned medical treatment to an available alternative position with equivalent pay and benefits for which the employee is qualified that better accommodates the leave being taken. Transfer to an alternative position may include altering an existing job to better accommodate the employee's need for intermittent leave or a reduced leave schedule. The alternative position does not have to have equivalent duties. The City may increase the pay and benefits of an existing alternative position, so as to make them equivalent to the employee's regular job. Further, the City may also transfer the employee to a part-time job with the same hourly rate of pay and benefits, provided the employee is not required to take more leave than is medically necessary. If the employee is transferred to a part-time position, the City may not eliminate benefits to the employee which otherwise would not be provided to a part-time employee.

When an employee requests leave qualifying for Family/Medical Leave to care for the employee's spouse, child or parent with a serious health condition, or for the employee's own care because of a serious health condition of the employee that makes the employee unable to perform the functions of the position of the employee, the City Administrator shall at the time of such request give written notice to the employee to obtain a written medical certification from a health care provider regarding the health condition of the employee or the employee's spouse, child or parent. The employee shall provide the medical certification to the City Administrator no later than fifteen (15) days after the City Administrator notifies the employee to obtain the medical certification, unless it is not practicable for the employee under the particular circumstances to do so despite the employee's diligent, good faith efforts. The medical certification shall be provided on the form developed by the United States Department of Labor or on a similar form that meets the requirements of the Federal regulations as to the information and questions that can be included. If the City Administrator finds a medical certification provided by an employee to be incomplete, the City Administrator shall allow the employee a reasonable opportunity to cure any such deficiency. If an employee requests leave qualifying for Family/Medical Leave for the employee's own care because of a serious health condition of the employee that makes the employee unable to perform the functions of the position of the employee, the City Administrator shall promptly provide the employee with a written statement of the essential functions of the employee's job, which the employee shall then provide to the health care provider in order for the health care provider to complete the medical certification.

If the City Administrator has reason to doubt the validity of a medical certification, the City Administrator shall have the right to require the employee to obtain a second opinion from a different health care provider in the form of a medical certification, at the City's expense. The City Administrator shall have the right to select and designate the health care provider to furnish the second opinion in the form of a medical certification, provided the selected health care provider cannot be employed on a regular basis by the City. The City Administrator shall select and designate the health care provider to furnish the second opinion in a prompt manner. If the opinions of the employee's health care provider and the City's designated health care provider differ, the City Administrator shall have the right to obtain a medical certification from a third health care provider, at the City's expense. This third opinion shall be final and binding. The third health care provider must be designated or approved jointly by the City Administrator and the employee. The City Administrator and the employee must each act promptly and in good faith to attempt to reach agreement on whom to select as the third opinion provider. If the City Administrator does not promptly attempt in good faith to attempt to reach agreement, the City will be bound by the first medical certification. If the employee does not promptly attempt in good faith to reach agreement, or if the employee refuses to promptly see the health care provider agreed upon, then the employee will be bound by the second medical certification.

In the case of Family/Medical Leave that is foreseeable to the employee, an employee who fails to provide to the City Administrator a medical certification from a health care provider in timely fashion, within fifteen (15) days after the City Administrator notifies the employee to obtain the medical certification, may be denied the taking of leave by the City Administrator until the required medical certification is provided to the City Administrator.

The City Administrator shall have the right to request that the employee obtain subsequent medical certifications from a health care provider regarding the current health condition of the employee or the employee's spouse, child or parent. The City Administrator shall have the right to request such subsequent medical certifications at any reasonable interval, but not more often than every thirty (30) days, except that the City Administrator may request a subsequent medical certification more frequently than every thirty (30) days when:

The employee requests an extension of leave qualifying for Family/Medical Leave; or

Circumstances described by the original or earlier medical certification have changed significantly, such as concerning the duration of an illness, the nature of an illness or complications from an illness or injury; or

The City Administrator receives information that casts doubt upon the continuing validity of the original medical certification or an earlier medical certification.

At the time an employee requests leave qualifying for Family/Medical Leave, the City Administrator shall provide a written statement to the employee providing guidance concerning the employee's rights and obligations regarding Family/Medical Leave, which statement shall be in the form of a "fact sheet" from the United States Department of Labor. At the same time, the City Administrator also shall provide the employee requesting leave with a written notice prepared by the City detailing the specific expectations of the City and obligations of the employee regarding Family/Medical Leave and explaining any consequences to the employee of a failure to meet the obligations.

The City shall make, keep and preserve records required of employers under the Family and Medical Leave Act of 1993 and Federal regulations relating thereto. The records shall be kept for no less than three (3) years. Records and documents relating to medical certifications or medical histories of employees or their family members shall be maintained in separate files and be treated as confidential medical records.

[1]

Federal Law Reference — As to family/medical leave, see 29 U.S.C., § 2601, et seq.

Section 22-70.2 Victims of domestic or sexual violence.

[Ord. No. 3111, 12-20-2021]

An employee who is a victim of domestic or sexual violence or a family or household member who is a victim of domestic or sexual violence whose interests are not adverse to the employee as it relates to the domestic or sexual violence may take unpaid leave from work to address such violence by:

Seeking medical attention for, or recovering from, physical or psychological injuries caused by domestic or sexual violence to the employee or the employee’s family or household member;

Obtaining services from a victim services organization for the employee or the employee’s family or household member;

Obtaining psychological or other counseling for the employee or the employee’s family or household member;

Participating in safety planning, temporarily or permanently relocating, or taking other actions to increase the safety of the employee or the employee’s family or household member from future domestic or sexual violence or to ensure economic security; or

Seeking legal assistance or remedies to ensure the health and safety of the employee or the employee’s family or household member, including preparing for or participating in any civil or criminal legal proceeding related to or derived from domestic or sexual violence.

Definitions. As used in this Section the following terms shall have the meanings indicated:

ABUSE

Any physical injury, sexual abuse, or emotional abuse inflicted on a child other than by accidental means by those responsible for the child's care, custody, and control, except that discipline including spanking, administered in a reasonable manner, shall not be construed to be abuse. Victims of abuse shall also include any victims of sex trafficking or severe forms of trafficking as those terms are defined in 22 U.S.C. 78 Section 7102(9)-(10).

DOMESTIC VIOLENCE

Abuse or stalking committed by a family or household member.

FAMILY OR HOUSEHOLD MEMBER

For employees with a family or household member who is a victim of domestic or sexual violence, a spouse, parent, son, daughter, other person related by blood or by present or prior marriage, other person who shares a relationship through a son or daughter, and persons jointly residing in the same household.

REASONABLE SAFETY ACCOMMODATION

An adjustment to a job structure, workplace facility, or work requirement, including a transfer, reassignment, modified schedule, leave, a changed telephone number or seating assignment, installation of a lock, implementation of a safety procedure, or assistance in documenting domestic violence that occurs at the workplace or in work-related settings, in response to actual or threatened domestic violence. Any exigent circumstances or danger facing the employee or his or her family or household member shall be considered in determining whether the accommodation is reasonable.

SEXUAL ASSAULT

Causing or attempting to cause another to engage involuntarily in any sexual act by force, threat of force, duress, or without that person's consent.

SEXUAL VIOLENCE

A sexual assault and trafficking for the purposes of sexual exploitation.

TRAFFICKING FOR THE PURPOSES OF SEXUAL EXPLOITATION

When a person knowingly recruits, entices, harbors, transports, provides, advertises the availability of or obtains by any means, including but not limited to through the use of force, abduction, coercion, fraud, deception, blackmail, or causing or threatening to cause financial harm, another person for the use or employment of such person in a commercial sex act, sexual conduct, a sexual performance, or the production of explicit sexual material as defined in Section 573.010, RSMo., without his or her consent, or benefits, financially or by receiving anything of value, from participation in such activities.

VICTIM OF DOMESTIC OR SEXUAL VIOLENCE

An individual who has been subjected to domestic violence, sexual violence, or abuse.

WORKWEEK

An individual employee’s standard workweek.

Leave Time.

Employees are eligible to take unpaid leave if: (1) they are victims of domestic or sexual violence; or (2) they have a family or household member who is a victim of domestic or sexual violence. Employee will be required to provide employee’s supervisor with certification (described in Subsection (E) below) of the need to take leave under this Section. The amount an eligible employee may take of unpaid leave is as follows:

Number of Employees employed by City (includes any person performing work or service of any kind or character for hire)	Amount of Unpaid Leave Time During Any 12-month Period
1 – 19 employees	None
20 – 49 employees	1 workweek
50 or more employees	2 workweeks

The leave time stated above cannot extend the twelve (12) workweeks allowed under the Family Medical Leave Act.

Leave time can be taken intermittently or on a reduced work schedule basis.

City shall maintain coverage for the employee and any family or household member under any group health plan for the duration of the leave and at the level and under the conditions coverage would have been provided if the employee had not taken leave. If the employee fails to return from leave after the period of leave has expired for a reason other than the continuation, recurrence, or onset of domestic violence, sexual violence, abuse, sexual assault, or human trafficking, the City may recover from the employee the premium that the City paid for maintaining any group health plan while employee was on leave. If the employee fails to return to work for the reasons listed above, employee is required to provide the employee’s supervisor with a certification and documentation as set forth in Subsection (E) below.

Employee is entitled, on return from the leave, to be restored to the position employee held prior to when the leave commenced or an equivalent position with equivalent employment benefits, pay and other terms and conditions of employment.

The City may require that employee provide periodic updates to the employee’s supervisor on the status and intention of the employee to return to work while on leave.

Process To Take Leave.

Employee shall provide employee’s supervisor with at least forty-eight (48) hours advance notice of the employee’s intent to take leave under Section 22-70.2, unless providing such notice is not practicable.

If an unscheduled absence occurs, the City will not take action against the employee if the employee provides certification pursuant to Subsection (E) below within forty-eight (48) hours of the unscheduled absence or such other time period that the City deems reasonable.

Certification. The employee must provide the employee’s supervisor with a sworn statement that either: (1) employee is a victim of domestic or sexual violence; or (2) employee’s family or household member is a victim of domestic or sexual violence. The sworn statement must be accompanied by one (1) or more of the following:

Documentation from an employee, agent, or volunteer of a victim services organization, an attorney, a member of the clergy, or a medical or other professional from whom the employee or the employee’s family or household member has sought assistance in addressing domestic violence or sexual violence and the effects of such violence;

A police or court record of the domestic or sexual violence; or

Other corroborating evidence.

Confidentiality. All information provided to the City, including the employee’s sworn statement and certification documents, and the fact that the employee requested leave under this Section shall be retained by the City in the strictest confidence, except to the extent that disclosure is requested or consented to, in writing, by the employee or by applicable Federal or State law.

Reasonable Accommodations. The City shall make reasonable safety accommodations, in a timely manner, to the known limitations resulting from circumstances relating to being a victim of domestic or sexual violence or a family or household member being a victim of domestic or sexual violence. If the accommodation would impose an undue hardship on the operation of the City, then the City shall not be required to provide said accommodation upon demonstrating the undue hardship.

Section 22-71 Holidays. [1]

[Ord. No. 1425 § 1, 3-21-1988; Ord. No. 1606 § 2, 3-18-1991; Ord. No. 1664 § 1, 3-16-1992; Ord. No. 1777 § 3, 2-21-1994; Ord. No. 2191 § 1, 3-18-2002; Ord. No. 2231 § 1, 3-17-2003; Ord. No. 2266 § 1, 11-17-2003; Ord. No. 2586 § 2, 9-21-2009]

All regular employees in the classified and unclassified service of the City shall receive the following holidays:

	New Year's Day	January first (1st)
	Presidents' Day	Third (3rd) Monday in February
	Memorial Day	Last Monday in May
	Independence Day	July fourth (4th)
	Labor Day	First (1st) Monday in September
	Veterans Day	November eleventh (11th)
	Thanksgiving Day	Fourth (4th) Thursday in November
	Friday after Thanksgiving Day	The Friday after the fourth (4th) Thursday in November
	Christmas Eve	December twenty-fourth (24th)
	Christmas	December twenty-fifth (25th)

All regular employees of the City shall receive normal compensation for the holidays listed above and any other day or part of a day during which the public office of the City Hall shall be closed by special proclamation of the Mayor.

The City shall allow for two (2) additional holidays to be taken each year on a day of each employee's choosing. These holidays shall be taken within each fiscal year and shall be arranged with at least one (1) week's notice to the employee's supervisor. Employees shall endeavor not to schedule these holidays during a period when their department is operating short-handed. For any situation that qualifies for Family/Medical Leave, these additional holidays shall be counted as part of Family/Medical Leave and fully used by the employee as such before the employee may take any portion of Family/Medical Leave that is unpaid.

Holidays which fall on a Saturday shall be observed on the preceding Friday and those which fall on a Sunday shall be observed on the following Monday.

The Board of Aldermen may designate dates for observances of any other holidays.

Except for Fire Department employees and for employees of the Police Department working according to the provisions of the alternate regular work period as described in Subsection (K) of Section 22-45 above, regular employees and officers who work at an hourly wage rate and who are required to work on a City-observed holiday shall be paid at double time for up to eight (8) hours worked (i.e. regular pay plus eight (8) hours for the holiday at straight hourly rate). When a City-observed holiday is on an employee's regularly scheduled day off, the employee shall receive pay for an additional eight (8) hours at the employee's straight hourly rate. An employee who works both the City-observed holiday and the actual holiday shall only be paid overtime for the City-observed holiday.

Employees of the Police Department working according to the provisions of the alternate regular work period as described in Subsection (K) of Section 22-45 shall receive pay for an additional eight (8) hours at the employee's straight hourly rate, during the work period which includes the City-observed holiday. Instead of the two (2) additional holidays described in Subsection (B) above, such employees may select two (2) regular work shifts to take as holiday leave. Such employees shall then be paid for up to sixteen (16) hours of leave used at their regular hourly rate. If the use of additional holiday leave hours shall result in a total of less than eighty (80) hours, then the employee may elect to use accrued vacation leave hours sufficient to reach a total of eighty (80) hours of pay for the work period.

In order to receive pay for an observed holiday, an employee shall not have been absent without leave either on the work day preceding or following the holiday.

When a holiday is observed on a Monday, and a pay period starts on the same day, employees receiving eight (8) hours credit under the conditions described in Subsection (E) above shall receive that credit in the work week that starts on that Monday.

When a holiday falls during vacation or sick leave, no charge shall be made against the employee's vacation or sick leave for that holiday.

[1]

Cross Reference — Also see §§ 2-13 and 22-45(K) of this Code.

Section 22-72 Vacations. [1]

[Ord. No. 1425 § 1, 3-21-1988; Ord. No. 1606 § 3, 3-18-1991; Ord. No. 1729 § 3, 3-15-1993; Ord. No. 1777 § 4, 2-21-1994; Ord. No. 1849 § 3, 3-30-1995; Ord. No. 2514 § 1, 3-17-2008; Ord. No. 3121, 4-18-2022]

All full-time regular employees shall be allowed vacation leave at the rate of:

Three and eight-hundredths (3.08) hours per bi-weekly pay period during the employee's first five (5) years of continuous service as a regular employee.

Three and eighty-five hundredths (3.85) hours per bi-weekly pay period from and during years 6 through 10 years of continuous service as a regular employee.

Four and sixty-two hundredths (4.62) hours per bi-weekly pay period from and during the years 11 through 15 years of continuous service as a regular employee.

Five and thirty-nine hundredths (5.39) hours per bi-weekly pay period from and during the years 16 through 20 years of continuous service as a regular employee.

Six and fifteen-hundredths (6.15) hours per bi-weekly pay period after twenty (20) years of continuous service as a regular employee.

Vacation leave shall be accrued at the end of each bi-weekly pay period. Changes in the rate of vacation leave accrual shall be effective the first (1st) pay period following the individual's employment anniversary date.

No employee shall be credited with accrued vacation leave during the first six (6) months of employment. Upon completion of six (6) months continuous employment, vacation leave shall be credited from the first (1st) day of the first (1st) complete pay period the employee worked.

Each department head shall schedule vacations as closely as possible to the employee's requested time, but with regard to operating requirements. An employee may take only as many vacation days as the employee has accumulated at the time the vacation begins. The department head shall determine the maximum amount of vacation leave that may be taken at one time. Department heads shall establish a policy pertaining to prior notification of intent to use vacation time, unless the department is already subject to an agreement with a qualified employee's bargaining unit.

An employee may accrue up to a maximum of two hundred forty (240) hours of vacation leave. The City Administrator may, in writing, further increase for a limited time the maximum total of accrued vacation days for an employee when it is determined that employee cannot be allowed to take vacation leave due to a temporary heavy work schedule.

Regular employees leaving City employment may be compensated for vacation leave credited and unused to the date of the employee's separation or resignation, provided provisions pertaining to notice of resignation are met as set forth in Section 22-49, Section 22-65 and Section 22-67.

Sick leave may be substituted for scheduled vacation leave if an employee becomes sick during the employee's vacation. A written substantiation of the illness from a licensed doctor shall be provided by the employee upon return to work. The vacation leave thus unused shall be rescheduled to a later period as approved by the employee's department head.

Vacation time shall be used on a per day (eight (8) hours) basis whenever possible, however, increments as small as thirty (30) minutes shall be allowed. Except for salaried employees, vacation pay for all City employees shall be the hourly rate of the employee multiplied by eight (8) for each day of vacation. Salaried employees shall be paid their normal salary per pay period unless that pay period also contains a period of unpaid leave. If a salaried employee is being paid for unused vacation leave upon separation, the employee shall receive pay at a rate equal to one two hundred-sixtieth (1/260) of the employee's annual salary for each day of vacation leave.

Vacation time not used shall be lost, except when the employee is unable to schedule a vacation as specified in Subsection (E) above.

Employees with the greatest amount of seniority within a department shall be granted first (1st) choice of vacation time. Ordinarily, no more than one (1) person shall be allowed to take vacation leave at any one time within any department.

For any situation that qualifies for family/medical leave, accrued vacation leave shall be counted as part of family/medical leave and fully used by the employee as such before the employee may take any portion of family/medical leave that is unpaid.

[1]

Cross Reference — As to standard work week — overtime, see § 22-45(K).

Section 22-73 Sick leave.

[Ord. No. 1425 § 1, 3-21-1988; Ord. No. 1729 § 4, 3-15-1993; Ord. No. 1777 §§ 5-6, 2-21-1994; Ord. No. 1849 §§ 4 — 5, 3-30-1995; Ord. No. 2065 § 1, 3-15-1999]

Sick leave with pay shall be granted full-time regular employees for the following reasons:

Personal illness or physical incapacity resulting from causes beyond the control of the employee.

To keep a doctor's or dentist's appointment if the appointment cannot be made before or after normal work hours.

Exposure to contagious disease.

To attend to a member of the employee's immediate family whose illness requires the employee's presence.

To attend to employee's wife or children when employee's wife has a baby.

Employee's pregnancy.

All full-time regular employees shall be given sick leave credit at the rate of eight (8) work days per year credited at 2.46 hours per pay period.

No sick leave shall be accumulated during the first six (6) months of employment. Upon completion of six (6) months continuous employment, sick leave shall be credited to the first day of the first complete pay period the employee worked.

Sick leave shall be accumulated to a maximum of one hundred (100) days or eight hundred (800) hours.

If an employee is sick and unable to work, in order to take sick leave, the employee shall notify the department head or the employee's supervisor within one-half (1/2) hour after his scheduled starting time. Because of the necessity to maintain constant staffing twenty-four (24) hours a day, a member of the Police Department shall notify his supervisor of illness four (4) hours before the start of the scheduled shift. If the employee fails to so notify, the employee shall be deemed to be absent without pay, unless the employee has a justifiable reason for failure to so notify. The employee shall provide the City a doctor's written report of the sickness after three (3) days sickness, unless excused by the City Administrator.

Absences for a fraction of a day shall be charged according to the number of hours actually used to the nearest one half (1/2) hour.

An employee who is laid off from a position for reasons that are not discreditable to the employee, if reappointed within twelve (12) months, may have previously accumulated sick leave reinstated in full to a maximum of one hundred (100) days.

An employee separating or being separated from City employment shall not be allowed the use of sick leave in the last two (2) calendar weeks of employment, except that the employee shall be credited for sick leave used before notice of separation is given.

Abuse of the sick leave privilege may result in dismissal.

For any situation that qualifies for Family/Medical Leave, accrued sick leave shall be counted as part of Family/Medical Leave and fully used by the employee as such before the employee may take any portion of Family/Medical Leave that is unpaid.

An employee who has accumulated sixteen (16) days of sick leave as of December first (1st) of a calendar year and who uses four (4) or fewer sick days between that December first (1st) and the following November thirtieth (30th), shall qualify for the following incentive payments to be added to the gross pay of the next pay check after that November thirtieth (30th):

[Ord. No. 3121, 4-18-2022]

Sick Days Used	Incentive Payment
0	$260.00
1	$210.00
2	$160.00
3	$110.00
4	$60.00

Section 22-74 Injury and disability leave.

[Ord. No. 1425 § 1, 3-21-1988]

Employees, regardless of employment status, shall be granted leave with pay in the event of an injury or disability on the job which renders the employee incapable of performing his normal duties, unless it can be shown that the injury occurred as a result of a willful or negligent act by the injured employee.

Injury or disability leave shall terminate when one (1) one the following occurs:

When the employee is released by his physician to return to work.

At such time that he is declared capable of performing his normal duties by a physician appointed by the City Administrator.

On the date a physician declares him totally and permanently disabled.

The injured or disabled employee shall be excused from work without the loss of pay, vacation or sick leave in order to obtain medical attention on the day the injury or disability occurs and any subsequent treatment related to the injury during days he is working. All such absences shall be limited to the time required to obtain the necessary medical attention. An employee is required to furnish satisfactory proof of such medical attention.

Upon the recommendation of the attending physician, the employee may be excused from work without the loss of pay, vacation or sick leave for the balance of the day medical attention is first required.

In the event an injured or disabled employee is unable to return to work the day following the date on which the injury or disability occurs or on which medical attention is first required, such employee may be granted leave without pay unless the employee elects to use accumulated sick leave. Such a leave may be extended until such time as he is able to return to work or for a maximum of one (1) year.

An injured or disabled employee who is unable to return to work and who has been granted a leave of absence shall continue to accumulate seniority and retirement credit and shall be permitted to accumulate vacation and sick leave allowances for a period not to exceed one (1) year. Such vacation and sick leave allowances shall be credited to the account of the employee only upon return to an employment status.

An employee injured on the job who draws pay in accordance with the Worker's Compensation Act shall have the injury or disability leave charged against sick leave, vacation leave, or holiday leave on a prorated basis to offset the difference in pay between the Worker's Compensation payment and regular pay. No employee on injury or disability leave shall receive a combination of Worker's Compensation payment and leave pay in excess of regular full pay. Payment of the difference between regular wages or salary and the payment from the State Worker's Compensation Commission shall be subject to the following conditions:

The disability or injury was sustained directly in the performance of the employee's work, as provided by the State Worker's Compensation Act.

If incapacitated for regular assignments, the employee may be given other duties with the City for a period of recuperation. Unwillingness to accept such an assignment as directed by the department head or City Administrator shall make the employee ineligible for disability leave during the time involved.

A physician selected or approved by the City Administrator shall determine the physical ability of the employee to continue working or return to work.

Disability leave shall not exceed sixty (60) working days for any one (1) injury.

Section 22-74.1 Temporary transitional duty (return to work).

[Ord. No. 3104, 9-20-2021]

Purpose. It is the purpose of this policy to establish the authority for temporary transitional duty assignments and procedures for granting temporary transitional duty to eligible employees.

Policy. Temporary transitional duty assignments, when available, are for employees who, because of injury, illness or disability, are temporarily unable to perform their regular assignments but who are capable of performing alternative assignments. Use of temporary transitional duty can provide employees with an opportunity to remain productive and return to work before they have reached maximum medical improvement. This provides a work option for employees who may otherwise risk their health and safety or the safety of others by remaining on duty when physically or mentally unfit for their regular assignment. Therefore, it is the policy of this City that eligible personnel be given a reasonable opportunity to work in temporary duty assignments where available and consistent with this policy.

Definitions. As used in this Section, the following terms shall have the meanings indicated:

ELIGIBLE PERSONNEL

For purposes of this policy, any employee suffering from medically certified illness, injury, or disability requiring the treatment of a licensed health care provider and who, because of injury, illness, or disability, is temporarily unable to perform the regular assignment but is capable of performing temporary alternative assignments.

MAXIMUM MEDICAL IMPROVEMENT

The point at which an injured employee has received the maximum therapeutic benefit from medical treatment.

Procedures.

General provisions.

Temporary transitional duty positions are limited in number and variety. Therefore:

(1)

Personnel injured or otherwise disabled in the course and scope of employment shall be given preference in initial assignment to transitional duty; and

(2)

Assignments may be changed at any time if deemed in the best interest of the employee or the City while keeping within the medical restrictions; and

(3)

Eligibility to participate in the program will cease when the employee has reached maximum medical improvement.

This policy in no way affects the privileges of employees under provisions of the Family and Medical Leave Act,[1] Fair Labor Standards Act,[2] Americans with Disabilities Act,[3] or other Federal or State law.

[1]

Editor's Note: See 29 U.S.C.A. § 2601 et seq.

[2]

Editor's Note: See 29 U.S.C.A. § 201 et seq.

[3]

Editor's Note: See 42 U.S.C.A. § 12101 et seq.

No specific position within this City shall be established for use as a temporary transitional duty assignment, nor shall any existing position be designated or utilized exclusively for personnel on temporary transitional duty.

Transitional duty assignments are strictly temporary and normally should not exceed ninety (90) days in duration. After ninety (90) days, personnel on temporary transitional duty who are not capable of returning to their original duty assignment shall:

Present a request for an extension of temporary transitional duty [not to exceed an additional ninety (90) days], with supporting documentation, to the program coordinator; or

Pursue other options as provided by employment provisions of this City or Federal or State law.

Law enforcement personnel on temporary transitional duty are prohibited from engaging in outside employment in which they may reasonably be expected to perform law enforcement functions for which they have been determined physically or mentally unable to perform on behalf of this City and that forms the basis for their temporary transitional duty assignment.

Depending upon the nature and extent of the disability, law enforcement personnel on temporary transitional duty may be prohibited or restricted from wearing the departmental uniform, carrying the service weapon or otherwise limited in employing police powers as determined by the agency Chief Executive so long as such limitation is consistent with the provisions of Subsection (E) and (F) of this policy.

Transitional duty assignments shall not be made for disciplinary purposes.

Employees may not refuse temporary transitional duty assignments that are supported by and consistent with the recommendations of a City-selected physician. The City may interpret failure to accept and perform transitional duty work as a resignation, unless the employee has pursued other options as provided by the employment provisions of this City or Federal or State law.

When an employee has reached maximum medical improvement as determined by a City-selected physician, an assessment by the personnel authority will be made regarding the employee's ability to perform regular job duties or the duties of a different job with or without a reasonable accommodation.

Temporary transitional duty assignments.

Temporary transitional duty assignments may be drawn from a range of areas that include, but are not limited to, the following:

Administrative projects (e.g., report review, special projects);

Clerical functions (e.g., filing);

Desk assignments (e.g., booking officer, bookkeeping);

Communications (e.g., complaint taker);

Inspections (e.g., sidewalks, street signs, buildings, equipment);

Updating (e.g., MSDS at various locations);

Painting (e.g., fire hydrants, park benches and equipment);

Community relations (e.g., police and fire community awareness visits);

Volunteer work at City-supported charities (e.g., senior centers).

The City's personnel authority shall maintain an inventory of available job assignments that may be used for temporary transitional duty.

In addition to considerations included in Subsection (B) and (D)(1) of this policy, decisions on temporary transitional duty assignments shall be made based upon the availability of an appropriate assignment given the applicant's knowledge, skills and abilities; availability of transitional duty assignments; and the physical limitations imposed on the employee by the City-selected physician.

Every effort shall be made to assign employees to positions consistent with their position and pay classification. However, where deemed appropriate, personnel may be assigned to positions within other departments and positions designated for personnel of lower rank or pay classification. Employees thus assigned shall:

Retain the privileges of their rank but shall answer to the supervisor of the unit to which they are assigned with regard to work responsibilities and performance; and

Retain the pay classification and related benefits of the position held prior to their assignment to temporary transitional duty as controlled by the employment provisions of the City.

For work-related accidents, if the employee is not retained at the same the pay classification of the position held prior to their assignment to transitional duty, workers' compensation temporary partial disability benefits may be available.

For work-related accidents in which the employee is not immediately released to return to normal duty, the following shall apply:

Immediately following treatment, the employee should report to his/her supervisor their condition and return to work status.

At the earliest possible opportunity, the program coordinator will discuss the case with the physician concerning the course and scope of the treatment and the ability of the employee to perform transitional duty. The program coordinator will then discuss with the supervisor the employee's transitional duty assignment.

Within the first three (3) days following an accident the supervisor shall contact the employee and inquire into the employee's ability to return to work.

If the employee has not returned to work after three (3) days, then the program coordinator shall call the doctor and the employee to check the employee's transitional duty status.

If the employee is not able to return to work after three (3) days, then the employee shall call the program coordinator to discuss the employee's transitional duty status and present the work status report provided by the treating physician, immediately following each doctor's appointment.

If it is determined that the employee may be medically able to perform transitional duty, the essential functions of the transitional duty shall be identified by the supervisor and reviewed with the employee.

Requests for and assignment to temporary transitional duty for non-work conditions.

Requests for temporary transitional duty assignments shall be submitted to the employee's immediate supervisor. Requests must be accompanied by a statement of medical certification to support a requested reassignment, which must be signed by the treating physician. The certificate must include an assessment of the nature and probable duration of the disability, prognosis for recovery, nature of work restrictions and an acknowledgment by the health care provider of familiarity with the transitional duty assignment and the fact that the employee can physically assume the duties involved.

The request for temporary transitional duty and the physician's statement shall be forwarded to the City's designated personnel authority, who shall make a recommendation regarding the assignment to the Chief Executive Officer or his designate.

The City may require the employee to submit to an independent medical examination by a physician of the City's choosing. In the event the opinion of this City selected physician differs from the foregoing health provider, the employee may request a third opinion at the employer's expense.

The employee and representatives of the City shall cooperate and act in good faith in selecting any third health care provider, and both parties shall be bound by that medical decision.

An employee who has not requested temporary transitional duty may be recommended for such assignment by submission of a request from the employee's immediate supervisor. Such a request must be accompanied by an evaluation of the employee conducted by a competent medical authority expressing the need for temporary transitional duty or by a request/order for a medical or psychological fitness-for-duty examination.

Notice shall be provided to the employee of the proposed temporary transitional duty assignment together with justification for the recommendation.

The employee may challenge the proposed reassignment using established City grievance procedures.

Pending results of a grievance procedure, an employee may be reassigned if, in the opinion of the City's Chief Executive Officer, failure to reassign may jeopardize the safety or health of the employee, other employees or the public.

As a condition of continued assignment to temporary transitional duty, employees shall be required to submit to periodic physical assessments of their condition as specified by the personnel authority.

Section 22-75 Maternal/parental leave.

[Ord. No. 1425 § 1, 3-21-1988; Ord. No. 1777 § 7, 2-21-1994; Ord. No. 3104, 9-20-2021[1]]

As required by the 1978 amendments to Title VII of the Civil Rights Act of 1964, pregnancy and pregnancy-related conditions shall be treated the same as any other illness or short-term disability.

Parental leave may be used in the event of:

Birth of a child or in order to care for a child (must be taken within twelve (12) months of the birth);

The adoption or foster care of a child (must be taken within twelve (12) months of the adoption or placement in foster care).

Maternity/parental leave is unpaid; however, an eligible employee may use accumulated sick leave or vacation time. Maternity/parental leave also qualifies for Family Medical Leave[2] and accommodation under the Americans with Disabilities Act[3] and any other applicable State and Federal law.

[2]

Editor's Note: See 29 U.S.C.A. § 2601 et seq.

[3]

Editor's Note: See 42 U.S.C.A. § 12101 et seq.

[1]

Editor's Note: Ord. No. 3104 also changed the title of this Section from "Maternal Leave" to "Maternal/parental leave."

Section 22-76 Funeral leave.

[Ord. No. 1425 § 1, 3-21-1988; Ord. No. 2515 § 1, 3-17-2008]

In the event of death in the employee's family, the employee may be granted up to a maximum of three (3) days off with compensation for regular working days absent to attend the funeral. (No funeral leave shall be granted unless the employee attends the funeral.) If additional time is needed for funeral leave, that time may be charged against accumulated sick leave or vacation leave. The term "family" shall mean: husband, wife, mother, father, son, daughter, stepson, stepdaughter, brother, sister, father-in-law, mother-in-law, brother-in-law, sister-in-law, grandfather, grandmother, grandfather-in-law, grandmother-in-law, grandchild, stepfather, stepmother, stepbrother, stepsister, son-in-law, daughter-in-law, uncle, aunt, nephew, niece or other relative of the employee living in the employee's household.

Section 22-77 Jury and civic leave. [1]

[Ord. No. 1425 § 1, 3-21-1988]

An employee shall be given necessary time off without loss of pay when performing jury duty, appearing in court as witness in answer to a subpoena, and performing emergency civilian duty in connection with national defense. For the purpose of voting when the polls are not open before or after the employee's scheduled hours of work, an employee shall be given necessary time off not exceeding three (3) hours without loss of pay, in accordance with Section 115.639, Revised Statutes of Missouri. When an employee is involved in litigation in which the City is not a party, the employee may be granted leave without pay or vacation leave. To receive leave with pay, an employee shall assign to the City any payment received for such outside work, except for those payments which are reimbursement for mileage or expenses.

[1]

State Law Reference — As to time off to vote, see RSMo. § 115.639.

Section 22-78 Military leave. [1]

[Ord. No. 1425 § 1, 3-21-1988; Ord. No. 2514 § 3, 3-17-2007; Ord. No. 3104, 9-20-2021]

Military leave shall be granted to an individual:

Who is called to duty or volunteers for duty in the regular Armed Forces of the United States of America.

For active duty and training as a reservist in the Armed Forces or as a member of the National Guard.

Employees placed on military leave shall receive such pay as an employee as is required by the laws and regulations of the United States of America and of the State of Missouri, including Section 105.270, RSMo. In addition, vacation and sick leave shall not be credited, except when the employee is attending annual training duty (summer camp) for the Armed Forces Reserves or the National Guard or has been activated for duty as a result of a declared emergency.

The length of leave shall include time spent while in training or on active duty and shall extend through:

Thirty (30) days after release from service when leave was for duty in the regular Armed Forces.

Three (3) days after release from service when the employee was not accepted for compulsory military duty.

Three (3) days after release from service when leave was for compulsory basic, advanced and/or officers training for the Armed Forces Reserves or National Guard.

The day of release from service when leave was for annual training (summer Camp) for the Armed Forces Reserves or National Guard or for the activation as a result of a declared emergency.

An employee returning from military leave for service in the regular armed forces shall be entitled to restoration to the employee's former position or a similar position without loss of status or a reduction in pay. An employee returning from military service shall make application for reinstatement within the time limits prescribed for length of authorized leave. Employees on leave of a temporary nature are not required to make application for reinstatement. Only for the purposes of establishing seniority in personnel actions, the period of active duty in military service shall be treated as if the employee were in continuous employment with the City.

An employee who leaves City employment for military service may elect to be paid for any accrued vacation leave to which the employee may be entitled as if the employee was actually separating from the City's service. If the employee does not elect to be paid for such leave, the accrued leave time shall be reinstated upon return to the City's employment. This does not apply to employees on military leave of a temporary nature to attend basic, advanced or officers training for the armed forces, reserves or National Guard. If an employee on such temporary leave decides not to return to City employment, payment for accrued vacation leave shall be made at the time of termination. Employees returning under this provision shall have their earned sick leave credit restored.

The City complies with all requirements of USERRA.[2]

[2]

Editor's Note: See 38 U.S.C.A. § 101 et seq.

[1]

State Law Reference — RSMo., § 105.270.

Section 22-79 Education and training leave.

[Ord. No. 1425 § 1, 3-21-1988]

Upon request by the department head and approval by the City Administrator, an employee may be granted leave with pay to attend training programs or professional conferences. The City Administrator may authorize special leave of absence without pay for any period not to exceed six (6) calendar months in any one (1) calendar year for attendance at a school or university for the purpose of training in subjects relating to the employee's position and which will benefit the employee and the City. However, if the City shared in the cost, the employee shall remain in City employment for one (1) month for each hour of course credit after completion of the course. If the employee fails in this obligation, the City's contributions to tuition shall be deducted from the employee's last paycheck. In the event that the course is not based on credit hours, the employee's required length of stay after the completion of the course shall be determined by the employee and the City Administrator, or other official as the case may be, before the course begins.

Section 22-80 Leave without pay.

[Ord. No. 1425 § 1, 3-21-1988; Ord. No. 1777 § 8, 2-21-1994]

The City Administrator may grant an employee leave without pay for a period not to exceed one hundred twenty (120) calendar days in any one (1) year period when it is in the best interest of the City and does not cause an unnecessary imbalance of the work load. The employee shall sign a letter of intent that the employee will return to City employment. At the expiration of the leave without pay, the employee has the right to be reinstated to the position the employee vacated or to any other position in the same class.

During the employee's absence the employee's position may be filled by temporary appointment. Sick leave and vacation leave shall not accrue to an employee during the term of the leave without pay.

If the need for leave without pay is foreseeable to an employee at least thirty (30) days in advance, then the employee shall provide the City Administrator with at least thirty (30) days advance notice of the employee's intention to take such leave before the leave commences.

Section 22-81 Absence without leave.

[Ord. No. 1425 § 1, 3-21-1988]

An employee absent from duty, including absence for a single day or part of a day without specific prior authorization under this Chapter, shall be deemed to be absent without leave. Any such absence shall be without pay and may be cause for disciplinary action.

Section 22-82 Federal Social Security benefits extended to all eligible employees, officials and officers. [1]

[Ord. No. 1425 § 1, 3-21-1988]

It is hereby declared to be the policy and purpose of the City to extend, at the earliest date, to all eligible employees, officials and officers of such City who are not excluded by law or by this Article (and whether employed in connection with a governmental or proprietary function of such City) the benefits of the system of Federal Old Age and Survivors Insurance as authorized by the Federal Social Security Act, and by Section 105.300 through Section 105.445 of the Revised Statutes of Missouri, and amendments thereof, as the same may be now and hereafter in effect.

[1]

State Law Reference — For similar provisions, see RSMo. §§ 105.300 — 105.445.

Section 22-83 Submission of plan to State Agency; form and contents generally; effective date of extension of benefits.

[Ord. No. 1425 § 1, 3-21-1988; Ord. No. 1606 § 4, 3-18-1991]

The Mayor and City Clerk of the City are hereby authorized and directed, on behalf of this City, to prepare, execute and submit to the Office of Administration, Division of Accounting, as State Agency, a plan and agreement for extending such benefits to such eligible employees, officials and officers of the City, in the form prepared by the State Agency and hereby approved and adopted by the Board of Aldermen, which plan and agreement are to become effective upon approval thereof by the State Agency, and are further authorized and directed to execute agreement and modifications and amendment thereof with such State Agency, providing for the extension of such benefits to such employees and officials as set forth in such plan and agreement, as such extension is provided for in Section 22-82 hereof, such an agreement to provide that such extension of benefits is to be effective beginning July 1, 1951.

Section 22-84 Deductions from wages.

[Ord. No. 1425 § 1, 3-21-1988]

Commencing on the first day of the month following the date of the approval of the plan and agreement of this City by the State Agency, there shall be deducted from the wages of all employees, officers and officials of the City to whom benefits of such system of Federal Old Aged and Survivors Insurance are extended, by virtue of the plan and agreement hereinbefore provided for, the amount of each of such employees', officers' and officials' contributions, as determined by the applicable State and Federal laws and by such plan and agreement, the aggregate amount of such deductions to be paid into the contributions fund created by State law cited in Section 22-82; provided, that, for the first payment of wages made to each of such employees, officers and officials after the benefits of such system have been extended to such employees, officers and officials, there shall be deducted a sum equal to the amount which would have been due and payable from each of such employees, officers and officials had such extension of benefits been provided and effective on July 1, 1951.

Section 22-85 Contributions of City.

[Ord. No. 1425 § 1, 3-21-1988]

Commencing on the first day of the month following the date of the approval of the plan and agreement of this City by the State Agency, there is hereby authorized to be appropriated from the payroll fund of the City and there shall be appropriated, the sums of money necessary to pay the contributions of the City which shall be due and payable by virtue of the extension of the benefits of the Federal Old Age and Survivors Insurance System the eligible employees, officers and officials of such City, such sums of money to be paid into the contributions fund created by State Law cited in Section 22-82; provided, that in the first payment to such contribution fund, after the benefits of such system have been extended to such employees, officers and officials, such first payment shall include a sum equal to the amount which would have been due and payable had such extension of benefits been provided and effective on July 1, 1951. The fund from which such appropriation is made will, at all times, be sufficient to pay the contributions of the City by this Section directed to be paid to such contributions fund.

Section 22-86 Compliance of City with State and Federal laws generally; administration of plan and agreement by City Clerk.

[Ord. No. 1425 § 1, 3-21-1988]

The City, from and after the approval of the plan and agreement of this City by the State Agency, shall fully comply with, and shall keep such records, make such reports and provide such methods of administration of such plan and agreement as may be required by, all applicable State and Federal laws, rules and regulations, now and hereafter in effect with respect to the extension of benefits of the Federal Old Age and Survivors Insurance System to the employees, officers and officials of this City. For the purpose of administering such plan and agreement, the City Clerk shall be the officer who shall make all required reports, keep all records, and be responsible for the administration of such plan and agreement on behalf of the City, and any and all notices and communication from the State Agency to this City with respect to such plan and agreement shall be addressed to "City Clerk, City Hall, Centralia, Missouri."

Section 22-87 State Worker's Compensation Law adopted. [1]

[Ord. No. 1425 § 1, 3-21-1988]

The City hereby elects to accept the provision of the State Worker's Compensation Law, as set forth in Chapter 287 of the Revised Statutes of Missouri, as amended.

[1]

State Law Reference — For similar provisions, see RSMo., Chapter 287.

Section 22-88 Workers' Compensation Insurance — City authorized to carry on all City employees.

[Ord. No. 1425 § 1, 3-21-1988]

The City is hereby authorized to carry Worker's Compensation Insurance on all employees of the City.

Section 22-89 Same — Board of Aldermen to determine insuring company.

[Ord. No. 1425 § 1, 3-21-1988]

The insuring company, the amount and duration of the policy, and other details of such Worker's Compensation Insurance shall be determined by the Board of Aldermen.

Section 22-90 Missouri local government employees retirement system; election of coverage; eligible employees. [1]

[Ord. No. 1425 § 1, 3-21-1988Ord. No. 2967, 5-21-2018]

The City of Centralia, Missouri, an employer under the Missouri Local Government Employee's Retirement System, hereby elects to adopt a change in the Retirement Age Provision of member employees, changing member employees option of retirement under the Rule of 80 (aka "80 & Out Option") in accordance with Sections 70.600, 70.645 and 70.646, RSMo.

[1]

State Law Reference — See RSMo. § 70.600.

Section 22-91 Credit for prior service of present employees. [1]

[Ord. No. 1425 § 1, 3-21-1988]

The period of prior service for each present employee of the City that shall be considered for credit as prior service, pursuant to Section 70.640 (2) of the Revised Statutes of Missouri, shall be one hundred percent (100%).

[1]

State Law Reference — For similar provisions, see RSMo. § 70.640(2). As to employer contributions, see RSMo. § 70.730.

Section 22-92 Deduction from wages and salaries; employer contributions. [1]

[Ord. No. 1425 § 1, 3-21-1988]

The City is hereby authorized and directed to deduct from the wages and salaries of each eligible employee member the member contributions required by Section 70.705 of the Revised Statutes of Missouri; and to promptly remit the deductions to the Retirement System, together with the employer contributions required by Section 70.730 of the Revised Statutes of Missouri.

[1]

State Law Reference — For similar provisions, see RSMo. § 70.705. As to employee contributions, see RSMo. § 70.730.

Section 22-93 Group health and group life insurance.

[Ord. No. 1425 § 1, 3-21-1988; Ord. No. 1892 § 1, 3-18-1996; Ord. No. 2065 § 2, 3-15-1999; Ord. No. 2662 § 1, 12-19-2011; Ord. No. 3104, 9-20-2021]

The City shall pay, at the discretion of the Mayor and Board of Aldermen, all or part of the premium for group health (including hospitalization, medical/surgical, major medical, and dental) insurance coverage for all full-time regular employees of the City as may now or hereafter be contracted for by the City with any insurance company or mutual self-insurance program. The City may, at the discretion of the Mayor and Board of Aldermen, also pay all or part of the premium for group health (including hospitalization, medical/surgical, major medical, and dental) insurance coverage for employee spouses and other dependents; provided that when an employee is hired and the spouse of the employee is employed in a position where the spouse's employer offers group health insurance for the spouse, the City shall not furnish group health insurance for the new employee's spouse; and provided further, that the spouse of a City employee hired after January 1, 2012, or any employee's spouse who becomes newly eligible for inclusion in the City's group health insurance coverage after January 1, 2012 shall pay for one-half (1/2) of the cost of such coverage which applies to employee spouses. Employees in the following employment classification are eligible to participate in the health insurance plan: full-time employees.

A change in employment classification that would result in the loss of eligibility to participate in the health insurance plan may qualify an employee for benefits continuation under the Consolidated Omnibus Budget Reconciliation Act (COBRA).

The City shall pay, at the discretion of the Mayor and Board of Aldermen, all or part of the premium related to group life insurance coverage for all full-time regular employees as now or hereafter be contracted for by the City with any insurance company.

The employee shall begin health insurance coverage the first day of the month following their date of hire. Upon termination of employment, their health insurance coverage will cease at the end of the same month of termination.

The City shall pay the premium for group health, dental and vision insurance coverage for retired employees when retiring at full retirement age with a minimum of twenty (20) years at full-time status. All employees whose date of hire is prior to September 1, 2021, but will not have twenty (20) years of service at full-time status prior to reaching full retirement age, shall be eligible for this benefit with a minimum of ten (10) years of employment with the City. The premiums shall be paid up to age sixty-five (65) or the age they qualify for Medicare, but not to exceed a maximum of five (5) years after retirement. Full retirement age for police and firefighters is age fifty-five (55), for all other employees it is age sixty (60). An employee whose City-paid insurance runs out prior to age sixty-five (65) may continue their individual insurance coverage by paying the monthly premium until age sixty-five (65) or the age they qualify for Medicare. An employee who takes retirement prior to the age of full retirement shall not be permitted to purchase health insurance beyond the length of time allowed under COBRA guidelines.

Section 22-93.1 Standby pay.

[Ord. No. 1892 § 2, 3-18-1996; Ord. No. 2137 § 1, 3-19-2001; Ord. No. 2191 § 2, 3-18-2002]

A member of the Electric Department or the Water and Sewer Department who is designated as "on-call" for purpose of emergency service response shall receive an additional twenty dollars and no cents ($20.00) for each Saturday, Sunday or designated holiday for which the employee is so designated; provided however, that if said employee purposely does not respond when called out for such work, said employee shall not receive standby pay for that day.

Section 22-93.2 Reimbursement for commercial drivers licenses expenses.

[Ord. No. 1892 § 3, 3-18-1996]

When an employee is required by his/her job description to have a commercial drivers license and shall acquire or renew said license, the City shall reimburse the employee for that portion of the license fee which is greater than that fee for a standard license. Prior to such reimbursement, the employee shall submit proof of actual expense for said license.

Section 22-93.3 Recognition and awards program.

[Ord. No. 2179 § 1, 11-19-2001]

A Recognition and Awards Program for specified employees of the City of Centralia, Missouri, is hereby authorized to be established by ordinance. The purpose of the program is to recognize and provide financial awards to specified employees who develop ideas that result in benefits to the City by cutting costs, improving service, increasing operating efficiency and/or eliminating safety and health hazards.