[Ord. No. 18-07, 3-12-2018]
A.
All regular full-time employees shall receive compensation for holidays
according to the average number of hours each employee worked per
day from the previous quarter. This hourly average shall not exceed
eight (8) hours. Also, to receive such compensation, the employee
must work the scheduled day preceding and following the holiday. The
exceptions to this requirement are:
B.
If a holiday falls on a payday, an estimate of eight (8) hours will
be paid for full-time employees scheduled to work. This will allow
the completion of payroll so checks can be issued for that pay period.
Any discrepancy of actual time worked compared to estimated time paid,
will be added or subtracted during the next pay period, whatever the
case may be.
C.
Holidays are set by the Board of Aldermen and may change from time
to time.
D.
Holiday pay shall not be considered as hours worked to qualify for
overtime pay. Hourly employees who have to work on a holiday shall
be paid for hours worked in addition to their holiday pay.
[Ord. No. 18-07, 3-12-2018]
The office shall not close on election days. This is not a paid
day off. Employees that are affected by this may use a personal or
vacation day for this unpaid holiday. Personal and vacation days are
figured on an average, and when used, will be noted on a time sheet.
Extra hours may be worked to compensate the loss of hours and to catch
up on the workload during that week. The utility workers will work
days as regularly scheduled days.
A.
Every full-time City employee shall receive five (5) sick days after
the end of their probationary period. Such leave may be taken in segments
of not less than one (1) hour increments and are to be recorded on
their time sheets.
B.
Sick days are figured on a daily average of hours worked during the
previous year. This average will not exceed eight (8) hours per day,
and cannot be used to calculate as overtime. Up to four hundred eighty
(480) hours of unused sick time during the calendar year may be carried
to the next year.
C.
When possible, leave needs to be approved at least seven (7) days
in advance if it affects a full scheduled work day and not to exceed
a full regular shift.
[1]
Editor's Note: Ord. No. 20-45 also changed the title of this
Section from "Sick/Personal Leave" to "Sick Leave."
[Ord. No. 18-07, 3-12-2018]
A.
Every full-time employee who has one (1) year of service shall be
granted a vacation leave taken from anniversary of employment with
pay as follows:
After one (1) year of service — forty (40) hrs
at current rate of pay
After two (2) years of service — eighty (80)
hrs at current rate of pay
After seven (7) years of service — one hundred
twenty (120) hrs at current rate of pay
After fifteen (15) years of service — one hundred
sixty (160) hrs at current rate of pay
B.
Vacation pay is to be recorded in the payroll book as "Vacation Leave"
for the time absent.
C.
One
(1) week of vacation time can be carried into a new calendar year,
but no other accumulation of vacation will be allowed, unless approved
by the Board of Aldermen, upon review due to exigent circumstances
and/or a current or recognizable and particularized future medical
need of the employee or employee’s family that will require
application for absences under the City of Oronogo Family and Medical
Leave Policy. For such review, the Board of Aldermen may require Application
for Leave to be completed and a Medical Certification Statement as
required in the provisions of the Personnel Policy. Vacation time
may be taken in segments of no less than two (2) hours and cannot
be used to calculate as overtime.
D.
When a regularly scheduled holiday occurs during the period of an
employee's vacation, holiday time will be used.
E.
When possible leave needs to be approved at least seven (7) days
in advance if it affects a full scheduled work day and not to exceed
a full regular shift.
F.
Vacation
may be sold in increments of two (2) hours and shall not exceed eighty
(80) hours total and/or half of the employees earned vacation time
for the applicable year. Employees must take at least half of their
earned vacation time to be eligible. Requests for selling vacation
must be submitted, in writing, to the Board of Aldermen for approval.
[Ord. No. 20-45, 11-9-2020]
[Ord. No. 18-07, 3-12-2018]
A.
General. Employees, who have been employed for at least one (1) year
and for at least one thousand two hundred fifty (1,250) hours during
the preceding twelve-month period, are eligible for family and medical
leave. Except for those employees designated as "highly compensated
employees," employees will be returned to the same or to an equivalent
position upon their return from leave.
Family or medical leave will be unpaid leave. If leave is requested
for an employee's own serious health condition, the employee must
use all of his/her accrued paid vacation leave, sick leave or personal
leave. If leave is requested for any of the other reasons listed below,
an employee must use all of his/her accrued vacation or personal leave.
The remainder of the leave period will then consist of unpaid leave.
B.
Service Member Family Leave. An eligible employee who is the spouse,
son, daughter, parent, or next of kin of a covered service member
shall be entitled to a total of twenty-six (26) work weeks of leave
during a twelve-month period to care for the service member. The leave
described in this paragraph shall only be available during a single
twelve-month period. The term "next of kin," used here, means the
nearest blood relative of that individual.
C.
Reasons For Leave. All employees who meet the applicable time-of-service
requirements may be granted a total of twelve (12) weeks of unpaid
family leave and paid sick, vacation, and personal leave combined
(during any twelve-month period) for the following reasons:
1.
The birth of the employee's child and in order to care for the
child;
2.
The placement of a child with the employee for adoption or foster
care;
3.
To care for a spouse, child or parent who has a serious health
condition; or
4.
A serious health condition that renders the employee incapable
of performing the functions of his/her job; or
5.
Because of any qualifying exigency (as the Secretary shall,
by regulation, determine) arising out of the fact that the spouse,
or a son, daughter, or parent of the employee is on active duty (or
has been notified of an impending call or order to active duty) in
the Armed Forces in support of a contingency operation.
|
The entitlement to leave for the birth or placement of a child
for adoption or foster care will expire twelve (12) months from the
date of the birth or placement.
|
E.
Application For Leave. In all cases, an employee requesting leave
must complete the attached "Application for Family and Medical Leave"
and return it to the City Clerk's Office as soon as the necessity
for the leave arises.
F.
Medical Certification Of Leave. An application for leave based on
the serious health condition of the employee or the employee's spouse,
child or parent must also be accompanied by a "Medical Certification
Statement" completed by the applicable health care provider. The certification
must state the date on which the health condition commenced, the probable
duration of the condition, and the appropriate medical facts regarding
the condition.
If the employee is needed to care for a spouse, child or parent,
the certification must so state along with an estimate of the amount
of time the employee will be needed. If the employee has a serious
health condition, the certification must state that the employee cannot
perform the functions of his/her job.
G.
Benefits Coverage During Leave. During a period of family or medical
leave, an employee will be retained on the City health plan under
the same conditions that applied before leave commenced. To continue
health coverage, the employee must continue to make any contributions
that he/she made to the plan before taking leave. Failure of the employee
to pay his/her share of the health insurance premium may result in
loss of coverage. If the employee fails to return to work after the
expiration of the leave, the employee will be required to reimburse
the City for payment of health insurance premiums during the family
leave, unless the reason the employee fails to return is the presence
of a serious health condition which prevents the employee from performing
his/her job or to circumstances beyond the employee's control.
An employee is not entitled to the accrual of any seniority
or employment benefits that would have accrued if not for the taking
of leave. An employee who takes family or medical leave will not lose
any seniority or employment benefits that accrued before the date
leave began.
H.
Restoration To Employment. An employee eligible for family and medical
leave will be restored to his/her old position or to a position with
equivalent pay, benefits, and other terms and conditions of employment.
The City cannot guarantee that an employee will be returned to his/her
original job. A determination as to whether a position is an "equivalent
position" will be made by the City.
I.
Return From Leave. An employee must complete a "Notice of Intention
to Return From Family or Medical Leave" before he/she can be returned
to active status. If an employee wishes to return to work prior to
the expiration of a family or medical leave of absence, notification
must be given to the employee's Supervisor and/or at least five (5)
working days prior to the employee's planned return.
J.
Failure To Return From Leave. The failure of an employee to return
to work upon the expiration of a family or medical leave of absence
will subject the employee to immediate termination unless an extension
is granted. An employee who requests an extension of family leave
or medical leave due to the continuation, recurrence or onset of her
of his/her own serious health condition of the employee's spouse,
child or parent, must submit a request for an extension, in writing,
to the employee's Supervisor or the Mayor. This written request should
be made as soon as the employee realizes that he/she will not be able
to return at the expiration of the leave period.
[Ord. No. 18-07, 3-12-2018; Ord. No. 20-45, 11-9-2020]
A.
The
City will afford employees leaving for military service for enlistment,
or commission, or as a member of the Reserve called to active duty
or training all rights afforded by the Federal Veteran’s Re-Employment
Act and/or United States Uniform Services Employment or Re-Employment
Act. Requests for such leave must be accompanied by a copy of the
official orders requiring such training for reimbursement purposes.
Pursuant to Section 105.270, RSMo.:
1.
All officers and employees of this State, or of any department or
agency thereof, or of any County, municipality, school district, or
other political subdivision, and all other public employees of this
State who are or may become members of the National Guard or of any
reserve component of the Armed Forces of the United States, shall
be entitled to leave of absence from their respective duties, without
loss of time, pay, regular leave, impairment of efficiency rating,
or of any other rights or benefits, to which otherwise entitled, for
all periods of military services during which they are engaged in
the performance of duty or training in the service of this State at
the call of the Governor and as ordered by the Adjutant General without
regard to length of time, and for all periods of military services
during which they are engaged in the performance of duty in the service
of the United States under competent orders for a period not to exceed
a total of one hundred twenty (120) hours in any Federal fiscal year
(October 1 —September 30).
2.
Before any payment of salary is made covering the period of the leave
the officer or the employee shall file with the appointing authority
or supervising agency an official order from the appropriate military
authority as evidence of such duty for which military leave pay is
granted which order shall contain the certification of the officer
or employee's commanding officer of performance of duty in accordance
with the terms of such order.
3.
No member of the organized militia shall be discharged from employment
by any of the aforementioned agencies because of being a member of
the organized militia, nor shall he/she be hindered or prevented from
performing any militia service he/she may be called upon to perform
by proper authority nor otherwise be discriminated against or dissuaded
from enlisting or continuing his/her service in the militia by threat
or injury to him/her in respect to his/her employment. Any officer
or agent of the aforementioned agencies violating any of the provisions
of this Section is guilty of a misdemeanor.
4.
Notwithstanding the provisions of any other administrative rule or law to the contrary, any person entitled to military leave pursuant to the provisions of Subsection (A)(1) of this Section shall only be charged military leave for any hours which that person would otherwise have been required to work had it not been for such military leave. The minimum charge for military leave shall be one (1) hour and additional charges for military leave shall be in multiples of the minimum charge.
[Ord. No. 18-07, 3-12-2018; Ord. No. 20-45, 11-9-2020]
The City sponsors a comprehensive health care plan for its full-time
employee. The City’s health care plan is explained in detail
in the summary plan description, which will be given to each employee.
Employees should contact the City Clerk’s office to obtain a
description of the plans to determine their eligibility, and any applicable
costs or premiums to be paid by employee. Coverage is effective the
first of the month following sixty (60) days of employment. (Effective
01/01/2021)
[Ord. No. 18-07, 3-12-2018]
Employees serving on jury duty will be paid their normal daily
salary, minus monies paid to the employee by the court.
[Ord. No. 18-07, 3-12-2018]
[Ord. No. 18-07, 3-12-2018]
Employees are covered under the Workers Compensation Act. This
is for work-related injury or illness as defined by the Missouri's
Workers' Compensation Act. For full details, contact the City Clerk's
office.
[Ord. No. 18-07, 3-12-2018]
A.
Any notice of garnishment will be received and signed for by the
City Clerk or his/her designee. Garnishment is defined as a legal
withholding of a specified sum from wages to satisfy a creditor.
1.
Notice of garnishment will be forwarded immediately to the City
Clerk's office.
2.
The City Clerk will make the necessary deductions from the employee's
wages and a check for the garnishment will be written and forwarded
to the creditor as directed. If an employee claims an exemption from
garnishment as Head of a Household or other exemption, it is the duty
of the employee to assert such exemption and is not the duty of the
City to ascertain the employee's entitlement to exemptions. In case
of doubt, the employee is encouraged to consult private legal counsel.
3.
The City Clerk's office will notify the employee that the garnishment
has been processed.
[Ord. No. 18-07, 3-12-2018]
A.
Employees are the City’s most valuable resource and therefore,
their health and safety is a serious concern. The City will not tolerate
substance abuse or use which imperils the health and wellbeing of
its employees or threatens its service to the public. It is the desire
of the City to provide a drug-free, healthful, and safe workplace.
To promote this goal, employees are required to report to work in
appropriate mental and physical condition to perform their jobs in
a satisfactory manner. For the purposes of this Section, the term
"drug" includes alcohol, marijuana, prescription drugs, when not taken
as directed by the employee's doctor, illegal inhalants, and illegal
drugs.
[Ord. No. 23-06, 3-27-2023]
1.
Policy. While on the City premises and while conducting business-related
activities off City premises, no employee may use, possess, distribute,
sell, or be under the influence of alcohol or illegal drugs. The legal
use of prescribed drugs taken for a current health condition is permitted
on the job only if it does not impair an employee's ability to perform
the essential functions of the job effectively and in a safe manner
that does not endanger other individuals in the workplace. Any employee,
who is legally taking a prescription drug that may impair his/her
ability to perform the essential functions of the job effectively
and in a safe manner, shall inform his/her Supervisor that he/she
is taking such prescription drug.
2.
Violations. Violations of this policy may lead to disciplinary
action, up to and including termination of employment. Such violations
may also have legal consequences. An employee's voluntary disclosure
of a chemical dependency problem may result in required participation
in a substance abuse or related rehabilitation or treatment program.
Employees with questions or concerns about substance dependency or
abuse may also wish to discuss these matters with their Supervisor
to receive assistance or referrals to appropriate resources in the
community. Employees with drug or alcohol problems that have not resulted
in, and are not the immediate subject of, disciplinary action may
request approval to take authorized leave without pay to participate
in a rehabilitation or treatment program through the City's health
insurance benefit coverage. Leave may be granted if the employee agrees
to abstain from use of the problem substance; abides by all City policies,
rules, and prohibitions relating to conduct in the workplace; and
if granting the leave will not cause the City any undue hardship.
3.
Drug-Free Workplace Act. Under the Drug-Free Workplace Act,
any employee must notify the City of a criminal conviction for drug-related
activity occurring in the workplace. The report must be made within
five (5) days of the conviction.
4.
Reprisal-Free. Employees with questions on this policy or issues
related to drug or alcohol use in the workplace should raise their
concerns with their Supervisor without fear of reprisal.
5.
Employee Drug Testing. All employees of the City are subject
to drug and alcohol testing. The following tests shall be conducted:
a.
Employment Alcohol And Drug Tests. Employment alcohol and drug
tests shall be conducted before applicants are hired. Testing may
also be conducted on an employee when his/her employment status changes,
such as a job transfer or promotion.
b.
Post-Accident Testing. Post-accident alcohol and drug tests
shall be conducted on all employees. Testing shall also be conducted
when an employee commits an unsafe act that may have caused a serious
accident or incident, including near misses, in which safety precautions
were violated, unsafe instructions or orders were given, vehicles/equipment/property
were damaged, or unusually careless acts were performed.
c.
Reasonable Suspicion. Alcohol and drug testing shall also be
conducted when a Supervisor has reasonable suspicion, or observes
behavior, speech, appearance, or body odors, that may be characteristic
of misuse. The Supervisor shall document his/her observations and
these observations shall be reviewed by the City Administrator. Employees
who test positive for either alcohol or drugs, or refuse to submit
to alcohol and drug testing, may be subject to disciplinary action,
up to and including termination of employment.
d.
Commercial Drivers License (CDL). The City will comply with
the Federal Highway Administration and Department of Transportation
rules requiring drivers who hold a position requiring a Commercial
Drivers License (CDL) to submit to random alcohol and drug testing,
effective January 1, 1996. Employees holding a position that requires
a Commercial Drivers License shall be tested on a random, unannounced
basis for drugs and alcohol. The testing shall be performed with unpredictable
frequency throughout the year. Employees shall be randomly selected
for testing from a pool of employees who hold a commercial driver's
license.
e.
Random Drug And Alcohol Testing. Random drug and alcohol testing
shall be conducted at any time while the employee is on duty, and
therefore, may not necessarily be conducted in any immediate time
proximity to driving. Any employee that deals with a gas emergency
is subject to the DOT drug pool for PHMSA.
6.
Questions. Any employee having questions about this policy statement
or about the required Federal Highway Administration Drug and Alcohol
Testing rules, should contact their Supervisor or the Mayor.
B.
Failure to submit to a test required by this policy will be considered
as insubordination and will result in an employee's termination. Additionally
any attempt to tamper with, adulterate or substitute the test sample
in a drug and alcohol screen will result in an employee's termination.
C.
The City Clerk's office will receive all reports of test results
and will notify the appropriate management personnel of the City,
if any, who need to know about the test results. Laboratory reports
or test results will appear in the employee's medical file. Information
of this nature is strictly confidential and will be maintained in
separate files.
[Ord. No. 18-07, 3-12-2018]
A.
During the course of employment, there may be times when an employee
has a complaint about working conditions, supervision, and so forth.
Such dissatisfactions when brought to the attention of the City, are
classified as grievances and should be processed through the grievance
procedure as defined. This policy applies to full-time and part-time
employees. It does not apply to probationary, temporary or seasonal
employees.
B.
Appeals. It is the policy of the City of Oronogo to give employees
the opportunity to discuss their concerns with their Supervisor in
order to find mutually satisfactory solutions as quickly as possible.
Employees must pursue their concerns through the chain of command.
Supervisors and higher authorities shall see that all questions, complaints,
and appeals receive prompt, impartial and systematic consideration
in attempting to reach satisfactory solutions. If this fails to satisfy
the parties involved, the employee shall then notify the Mayor, in
writing, of the grievance.
C.
Grievance Defined. A grievance is defined as any dispute regarding
the meaning, interpretation, application, or alleged violation of
the terms and provisions of the existing Personnel Manual or Departmental
Policies. Employees may make grievances known without fear of any
reprisal. It is the responsibility of Supervisors and the Mayor to
ensure adherence to this policy.
D.
Unsettled Grievances. Any grievance not settled in the department
may be reviewed by the Mayor, who shall investigate the circumstances
of the grievance. The decision of the Mayor shall not be appealable.
E.
Grievance Involving Mayor. An original grievance directly involving the Mayor, if not resolved by the direct Supervisor and/or Mayor to the satisfaction of the parties involved, may be sent to the Board of Aldermen, collectively, by addressing the grievance to the "Board of Aldermen, City of Oronogo," and delivering to the City Clerk for distribution to the Aldermen. This shall only apply to original grievances directly involving the Mayor after presented to the direct Supervisor and then the Mayor for resolution. A complaint involving an appeal made to the Mayor as discussed above in Subsection (B), Appeals, shall not constitute an original grievance directly involving the Mayor.
[Ord. No. 18-07, 3-12-2018]
A.
Scope. The City acknowledges its continuing commitment to a work
environment that is free from any type of harassment, including sexual
harassment. The City strictly prohibits any harassment of its employees
by anyone, including any elected or appointed officer, manager, director,
supervisor, co-worker, vender, customer, or visitor.
B.
Definition. Harassment is defined as verbal or physical conduct of
a racial, ethnic or other type which in the employee's opinion, impairs
his/her ability to perform the job. Harassment on the basis of sex
is a violation of Section 703 of Title VII of the Civil Rights Act.
Conduct involving sexual advances, requests for sexual favors, physical
contact or other verbal or physical conduct of a sexual nature shall
be considered to constitute sexual harassment when:
1.
Submission to such conduct is made either explicitly or implicitly
a term or condition of an individual's employment or evaluation;
2.
Submission to or rejection of such conduct by an individual
is used as the basis for employment decisions or evaluation affecting
such individual; or
3.
Such conduct has the purpose or effect of unreasonably interfering
with an individual's work or performance or creating an intimidating,
hostile or offensive work environment.
C.
Policy. Harassment, including sexual harassment, is contrary to basic
standards of conduct between individuals and is prohibited. Harassment
in the workplace is unacceptable conduct and will not be tolerated
or condoned. It shall therefore constitute a violation of City policy
for any employee to engage in any of the acts or behavior defined
above. All employees will receive yearly sexual harassment training.
D.
Procedure. Complaints of harassment will be considered confidential
and will be promptly and thoroughly investigated. An employee who
files a complaint does so without fear of retaliation or publicity.
Violation of this policy will be treated as a serious disciplinary
infraction. Complaints of harassment will be handled in accordance
with the following procedures:
1.
The employee should notify the immediate Supervisor and the
Supervisor shall notify the City Attorney of the complaint, unless
said complaint directly or indirectly involves the Supervisor. If
the Supervisor is directly involved, the employee should notify the
Mayor and the Mayor shall notify the City Attorney of the complaint.
If the complaint directly involves the immediate Supervisor and the
Mayor, the employee should notify the City Attorney who shall inform
the Board of Aldermen to review and address the complaint.
2.
If the complaining party is not satisfied with the disposition
by the immediate Supervisor, an appeal may be made, in writing, to
the Mayor. An acknowledgement of the complaint and appeal shall be
provided to the employee within seven (7) days and a response within
a reasonable time, not to exceed twenty-one (21) days.
3.
In cases where a complaint of sexual harassment is not being
addressed by the immediate Supervisor or where the sexual harassment
directly or indirectly involves the immediate Supervisor, the complaint
should be referred to the Mayor, with notice to the City Attorney.
If the complaint of sexual harassment directly or indirectly involves
the Mayor, the complaint should be referred to the City Attorney and
the City Attorney shall inform the Board of Aldermen of the complaint.
An acknowledgement of the complaint shall be provided to the employee
within seven (7) days and a response within a reasonable time, not
to exceed twenty-one (21) days.
4.
The initial response to a complaint does not require a complete
resolution, but instead shall mean the official beginning of the process
to obtain a resolution.
