[Ord. No. 10516, 9-20-2018; Ord. No. 10776, 10-6-2022; Ord. No. 10803, 4-20-2023]
a.
All permanent, full-time employees shall be entitled to 11 holidays
per year for which they shall receive full pay at their standard rate.
In order for an employee to receive pay for a holiday, that employee
must have been present at work on the work day immediately preceding
and following the holiday, or have been on an approved leave of absence
with pay for the day or days absent. Paid holiday leave shall count
as eight hours worked for overtime calculation purposes, unless the
employee is subject to a regular work day or shift of 10 hours or
more, in which case the employee shall receive credit for hours worked
consistent with the employee's regularly scheduled work shift for
purposes of any overtime calculation.
b.
Part-time employees who work at least 20 hours per week and have
been employed by the City for at least six months shall be entitled
to 11 holidays per year for which they shall receive partial compensation
at their standard rate. The employee must have been present at work
on the work day immediately preceding and following the holiday, assuming
these days are regularly scheduled work days, or have been on an approved
leave of absence with pay for the day or days absent. Part-time employees
who meet the above criterion and who are not otherwise employed by
the City on a full-time basis shall be compensated according to the
average number of hours worked per week divided by five (for example,
an employee working 20 hours per week would receive four hours of
pay for a holiday). Part-time employees shall be entitled to holiday
pay which is calculated by taking the average number of hours worked
for the 13 pay periods immediately preceding January 1 of the current
calendar year. Provided, however, if the position has seasonal or
other variations that would significantly affect the ability of an
employee to earn holiday pay as contemplated herein, a Department
Head may request permission from the Assistant Chief Administrative
Officer for a different period to be used in calculating holiday leave.
For new hire employees who work part-time, holiday pay (after six
months of employment) will be calculated by taking the average number
of hours worked for the 13 pay periods immediately preceding each
holiday until the employee has worked for 13 pay periods before January
1.
d.
The City will attempt to accommodate the religious observances and
practices of its employees. Requests for time off for religious observances,
except as provided on the City's holiday schedule, will be treated
on an individual basis, and accommodation will be afforded so long
as such can be accomplished without undue hardship to the City's operations.
e.
Notwithstanding the above provisions regarding holidays for City
employees, law enforcement personnel who work on a rotating work schedule
shall be allotted 11 days of "paid time off in lieu of holidays" (referenced
periodically as "PTO") each calendar year, beginning with calendar
year 2023. Such law enforcement personnel shall not participate in
City holidays but shall be permitted to use 11 days of paid leave,
in lieu of holidays, during each calendar year, beginning with calendar
year 2023. Such paid leave days shall be considered "hours worked"
for purposes of any overtime calculation. Such paid leave days shall
be used in full day increments only. For record-keeping purposes only,
any such PTO may be designated as "holiday leave." No such paid leave
shall be carried over from one calendar year to the next. To the extent
that any such paid leave has not been exhausted by December 31 of
each calendar year, law enforcement personnel shall be compensated
for eight hours of pay for each unused paid leave day at his or her
then current rate of pay or, in the event of law enforcement personnel
scheduled to work shift days of 10 or 12 hours such compensation shall
be for either the 10 hours or 12 hours shift applicable as of December
31 of each calendar year. Payment for such unused paid leave days
shall not count toward "hours worked" for overtime purposes. The accrual
of such paid leave by law enforcement personnel shall be at the rate
of 5/6 of a paid leave day per calendar month. New hires within the
Police Department subject to this Policy shall accrue such paid leave
at 5/6 of a paid leave day per month, starting with the first full
month of employment with the City. If, during any calendar year, an
employee of the Police Department is assigned to a position which
results in a change from or to a rotating work schedule (such as from
patrol officer to detective or vice versa), the City shall take appropriate
measures to assure that such employee receives a combination of 11
paid "days off in lieu of holidays" and City authorized holidays during
the calendar year. Such measures may include, but not necessarily
be limited to: allowing the employee to use vacation or earned compensatory
time as a paid day on one or more authorized City holidays; requiring
that time off during one or more authorized City holidays be unpaid;
or altering the monthly accrual rate of "paid time off in lieu of
holidays." In no event shall any Police Department employee receive
more or less than a total of 11 paid leave days, during the calendar
year under such circumstances.
f.
In the event that any law enforcement employee utilizes such PTO
during a calendar year in excess of that which has accrued and thereafter
dies, terminates, retires or is discharged, or otherwise separates
employment with the City of Kirkwood prior to the accrual of such
paid leave, the City shall be entitled to assess and recoup the value
of such utilized paid leave in excess of the accrued paid leave. Any
such amount due shall be withheld from any final compensation due
the employee and will be collected through appropriate legal action,
if necessary. If legal action is necessary to recoup such amount,
the employee will be responsible for the City's costs and expenses,
including attorneys' fees. In the event that the law enforcement employee
dies, terminates, retires, is discharged or otherwise separates employment
with the City without utilizing accrued PTO in lieu of holiday pay,
such employee shall be compensated for such paid leave accrued up
to the maximum allowed accrual to the date of separation, unless such
employee is discharged for misconduct connected with his or her work
or fails to provide at least 10 business days notice of resignation.
No leave time may be substituted for such notice. No "paid leave in
lieu of holiday pay" may be used during any disciplinary suspension.
[Ord. No. 10516, 9-20-2018; Ord. No. 10776, 10-6-2022; Ord. No. 10803, 4-20-2023]
a.
Vacation leave shall accrue to all permanent, full-time employees
based upon their years of continuous service with the City and part-time
employees who work at least 20 hours per week and have been employed
by the City for at least six continuous months. Accrual of vacation
shall commence on January 1 for that calendar year and shall be fully
realized on December 31 of that calendar year, except during the first
calendar year in which accrual of vacation shall commence on the first
day of the first month following the date of employment.
b.
During the first calendar year of service, all full-time employees shall accrue vacation leave through such calendar year and may take vacation leave through such first calendar year, provided that the employee has completed six months of continuous employment. Accrued vacation is available for use on or after the first day of the first month following six months of continuous employment. The employee may also accrue vacation leave and utilize such accrued vacation time during the following calendar year. In the event an employee has not completed six months of continuous, full-time employment during the first calendar year, then such employee is entitled to take the vacation leave accrued during the calendar year in which such employee has completed the six months of continuous, full-time employment. The rate of accrual of vacation leave for full-time employees shall be in accordance with subsection (a) as follows:
|
Employment Period
|
All Employees Other than Fire Shift Personnel
|
Fire Shift Personnel
(number of shifts)
|
|---|---|---|
|
Less than 12 months
|
5/6 day per month
|
3
|
|
1 to 4 years
|
2 weeks
|
6
|
|
5 to 9 years
|
3 weeks
|
8
|
|
10 to 16 years
|
4 weeks
|
10
|
|
17 and thereafter
|
5 weeks
|
12
|
c.
For purposes of this Vacation Policy, a "fire shift" means 24 hours.
d.
The amount of vacation for employees shall be identified on the basis
of annual hours of vacation available during any calendar year to
coincide with each employee's regularly scheduled number of hours
to be worked during each work week or during each work cycle for the
Police Department.
e.
Notwithstanding any other provision herein, the Chief Administrative
Officer may set or modify the rate of accrual of vacation leave for
any employee due to recruiting or other unique circumstances, although
such discretion shall generally be reserved for a Department Head
or management employee who is a direct report to a Department Head,
subject to the maximum annual accrual rate of five weeks. The Chief
Administrative Officer shall also have discretion to award additional
vacation leave to any employee as a supplement to or in lieu of a
merit increase.
f.
Part-time employees who work at least 20 hours per week and have
been employed by the City for at least six months shall accrue one
week of vacation leave. A part-time employee eligible for vacation
pay shall be entitled to one week of vacation pay which is calculated
by taking the average number of hours worked during the 13 pay periods
immediately preceding January 1 of the current calendar year and multiplying
that number by the part-time employee's regular rate of pay. Provided,
however, if the position has seasonal or other variations that would
significantly affect the ability of an employee to earn vacation as
contemplated herein, a Department Head may request permission from
the Assistant Chief Administrative Officer for a different period
to be used in calculating vacation leave. For example, an eligible
part-time employee paid $8 per hour, who averages 20 hours per week,
would be entitled to one week off with vacation pay in the amount
of $160. For new hire employees who work part-time, vacation pay (after
six months of employment) will be calculated by taking the average
number of hours worked during the first 13 pay periods of employment
for the calculation of such employee's initial vacation pay.
g.
At the recommendation of a Department Head and with written approval
from the Chief Administrative Officer, a current part-time employee
of the City who becomes a full-time employee may be provided vacation
at an accrual rate greater than set forth above upon commencement
of full-time employment. In making such recommendation, the Department
Head shall consider the duration of prior part-time continuous employment
with the City (which must be a minimum of five years). The "credited"
service from part-time employment toward vacation accrual as a full-time
employee shall not exceed 1/2 of the period of continuous employment
as a part-time employee.
h.
Full-time employees who also work part-time and meet the above criterion
will not receive additional vacation leave.
i.
All employees shall be entitled to utilize vacation leave which could
accrue during the calendar year. In the event that an employee utilized
vacation leave during a calendar year in excess of that which has
accrued and thereafter dies, terminates, retires, is discharged, or
otherwise separates employment with the City of Kirkwood prior to
the accrual of such vacation time, the City shall be entitled to assess
and recoup the value of such utilized vacation leave which is in excess
of the accrued vacation leave. Any such amount due shall be withheld
from any final compensation due the employee and collected through
appropriate legal action, if necessary. If legal action is necessary
to recoup such amount, the employee will be responsible for the City's
costs and expenses, including attorneys' fees. In the event that,
after six months of continuous employment with the City, an employee
dies, terminates, retires, is discharged, or otherwise separates employment
with the City without utilizing accrued vacation leave, such employee
shall be compensated for vacation leave accrued up to the maximum
allowed accrual to the date of separation, unless such employee is
discharged for misconduct connected with his or her work or fails
to provide at least 10 business days' notice of resignation. No leave
time may be substituted for such notice. Accrued, but unused vacation,
will not be paid to employees whose employment with the City ends
after less than six months of continuous employment following the
employee's most recent date of hire.
j.
Full-time and part-time employees may carry over into the following
year accrued vacation provided that it is not in excess of 1/2 of
the vacation earned during the current calendar year. The maximum
carryover is 1/2 of the current year's vacation accrual. Vacation
carry-over is not cumulative. In special situations, the carry-over
limitation may be waived upon the review and written approval of the
Assistant Chief Administrative Officer.
k.
Vacation leaves normally shall be granted at such time as is deemed
by the Department Head to be in the public interest and may be used
in accordance with the rates set forth above, provided approval is
given by the Department Head. Department Heads shall schedule vacation
leaves with particular regard to the operating requirements, order
of requests, and seniority of employees.
l.
Vacation may not be used during any disciplinary suspension or during
the first six months of any probationary period associated with initial
employment with the City.
[Ord. No. 10516, 9-20-2018; Ord. No. 10621, 9-5-2019; Ord. No. 10776, 10-6-2022; Ord. No. 10803, 4-20-2023]
a.
Each full-time employee, with the exception of fire shift personnel,
shall accrue one day, consisting of eight hours or 10 or 12 hours
for any law enforcement personnel subject to a scheduled shift day
of 10 or 12 hours, of personal sick leave for each full month of continuous
service rendered. Accrual of sick leave shall commence on the first
day of the first month following the date of employment. In the event
that employment begins on the first day of the month, accrual of sick
leave shall commence on the first day of employment. Sick leave accrual
may be increased beyond eight hours per month for any employment position
for which regularly scheduled hours are significantly more than 2080
during a full calendar year of employment. Fire shift personnel shall
accrue 12.0 hours of personal sick leave for each full month of continuous
service. Sick leave shall not count as "hours worked" for purposes
of any overtime calculation for City employees.
b.
Holidays, vacation, personal sick leave, occupational illness, emergency
leave, and funeral leave (all as provided for in article X herein)
shall not be deemed to be an interruption to the full month of continuous
service as used herein.
c.
Further, in no event shall any employee accrue more than 1,040 hours
(except for Fire Department personnel scheduled for 24-hour shifts
in which event the maximum sick leave accrual shall be 1,456 hours)
of sick leave and at no time shall sick leave be considered a benefit
convertible to compensation during employment or at the time of employment
separation, except as described further below in this Personal Sick
Leave Policy or in any subsequent policy adopted by the City Council.
d.
In addition, an employee may use up to a maximum of 10 earned sick
leave days (except that fire shift personnel may use up to a maximum
of five earned sick leave days, defined as 24-hour shift days) per
calendar year to care for an ill or injured immediate family member,
which shall include only the employee's spouse, child, mother, father
or other relative permanently residing in the employee's residence.
e.
At any time, a physician's certificate may be required to verify
the employee's sickness or injury or to verify a family member's sickness
or injury if personal sick leave is taken. Subsequent to an absence
of any duration due to sickness or injury, a physician's certificate
may be required to verify the employee's ability to return to work
prior to assumption of duties by that employee. In addition, any employee
may be required to complete a Work Steps Program before returning
to work.
f.
It is understood that an employee utilizing sick leave benefits pursuant
to this section agrees that he or she will not accept or perform any
work for any other employer or engage in any self-employment work
activity during his or her leave of absence; if an employee does so,
he or she acknowledges that in such circumstances his or her conduct
will be deemed to be a violation of the terms of the leave of absence,
and that his or her employment with the City will be considered to
have been terminated voluntarily on his or her part as of the first
day of such a violation.
g.
All City employees who have accrued the maximum sick leave amount
of 1,040 hours and have not utilized any sick leave during the calendar
year will be provided an additional eight hours of vacation time the
following January 1st as a Bonus Vacation Day. Any such Bonus Vacation
Day is earned annually and must be re-earned each calendar year. As
a Sick Leave Buy Back Option, employees who have accrued at least
520 hours of total sick leave as of December 31 and have not used
any sick leave during the calendar year may sell back up to 48 hours
of sick leave at 50% of their value. Employees who have accrued at
least 520 hours of total sick leave during the calendar year and have
used no more than 12 hours of sick leave during such calendar year
may sell back up to 32 hours of sick leave at 50% of their value.
Employees must request, in writing, to use any such Sick Leave Buy
Back Option by January 15. The City shall pay out the appropriate
amount within 30 days of receiving such written request. For purposes
of the Bonus Vacation Day and Sick Leave Buy Back Option described
in this section, Employees shall be entitled to use up to eight hours
per calendar year for preventive health care appointments, such as
routinely scheduled annual or periodic medical, dental or vision examinations,
which shall not be considered for purposes of eligibility for either
a Bonus Vacation Day or the Sick Leave Buy Back Option. The City may
require that appropriate documentation be submitted for any use of
sick leave for such routine annual or periodic medical, dental or
vision examination appointments.
h.
The Sick Leave Buy Back Option and Bonus Vacation Day policies described
herein shall not apply to any employees represented by an organized
labor union. Any sick leave buy back and/or bonus vacation day policy
for employees represented by any labor union, specifically including
Fire Department employees represented by Local 2665 of the International
Association of Fire Fighters, Police Department employees represented
by the Eastern Missouri Coalition of Police, Fraternal Order of Police,
Lodge 15 and Electric Department employees represented by Local Union
No. 2 of the International Brotherhood of Electrical Workers, shall
be governed exclusively by the terms of any collective bargaining
agreement or memorandum of understanding in effect between the City
and the union representing such employees of the City.
i.
When an employee has advance notice of an impending physical disability,
such as elective surgery or pregnancy, the employee shall notify the
Personnel Department so that it can be determined whether an absence
will qualify under the Family Medical Leave Act. Upon request, the
employee will be required to complete and submit an FMLA Certification
Form for such intended absence. If the employee is not eligible for
FMLA leave, such employee shall, before commencing such leave, submit
a statement from the attending physician which shall include:
1.
A description of the reason leave is needed.
2.
The anticipated date that the leave should begin.
3.
The date on which the employee will be able to return to work.
4.
Whether the employee will or is likely to be under any physical restrictions
as a result of the illness or injury upon return to work.
j.
Such employee shall obtain a physician's release prior to returning
to work, and such release shall indicate whether or not the employee
is under any physical restriction and the nature of such restriction.
k.
Sick leave may not be used during any disciplinary suspension. Sick
leave may be used as earned during any probationary period.
l.
An employee on approved vacation leave who becomes ill or injured
during such vacation leave cannot use sick leave in lieu of already
approved vacation leave.
m.
Nothing contained in this Sick Leave Policy is to be construed as
guaranteeing employment status throughout the availability or use
of sick leave benefits or upon conclusion of any period of such leave.
An employee who is medically unavailable for work for any extended
duration may be separated from employment, consistent with applicable
Federal and State laws, regardless of whether the employee has exhausted
all earned, unused sick leave. A separation for such reason is not
appealable to the Kirkwood Civil Service Commission. Earned unused
sick leave is not payable upon separation of employment, except as
may be provided in the City's deferred compensation Section 457(b)
Plan in effect and referenced in article XI, § E-1140 of these
Personnel Rules and Regulations.
[Ord. No. 10516, 9-20-2018; Ord. No. 10776, 10-6-2022; Ord. No. 10803, 4-20-2023]
1.
In cases of occupational injury or illness incurred in the performance
of such employee's City job, such employee may be granted "occupational
injury pay" effective immediately. Such "occupational injury pay"
shall be the regular salary of such employee less any amount received
by the employee as workers compensation benefits. Such occupational
injury pay shall continue until the happening of the earliest of the
following events:
a.
The date such employee shall be determined to be permanently disabled
pursuant to the City's pension plans.
b.
The date such employee is determined to be able to return to work
by the City's appointed physician.
c.
The date of any resolution or settlement of any workers' compensation
claim.
d.
The elapse of 15 calendar weeks after the date of the occurrence
of the disabling event.
2.
In the event such employee remains unable to return to work after
the 15 calendar weeks, such employee may use any accrued personal
sick leave or vacation time while still employed. Upon the exhaustion
of such paid leave time, such employee shall only receive worker's
compensation payments, if any. Nothing contained in this Occupational
Injury or Illness Policy is to be construed as guaranteeing employment
status throughout the use of occupational injury or illness leave
or upon conclusion of any period of such leave.
3.
The Return to Work Program can assist with minimizing the cost of
injuries by allowing injured employees to return to work as soon as
possible. Every employee injured on the job and released to perform
light duty work shall be considered for this program. However, light
duty will not apply to any situation generally which would require
the employee to perform duties that the employee is not currently
qualified to perform. Light duty, if provided, is temporary and may
be discontinued by the City at any time. Provided, however, no occupational
injury or illness compensation shall be provided to any employee who
rejects a light duty assignment offered by the City to the employee.
4.
In addition, any employee may be required to complete a Work Steps
Program before returning to work.
5.
It is understood that any employee receiving workers' compensation
benefits pursuant to this section agrees not to accept or perform
any work for any other employer or engage in any self-employment work
activity during the leave of absence; if an employee does so, the
employee acknowledges that in such circumstances the employee's conduct
will be deemed to be a violation of the terms of the leave of absence,
and that employment with the City will be considered to have been
terminated voluntarily on the employee's part as of the first day
of such a violation.
6.
Any leave of absence due to occupational injury or illness may also
be designated as FMLA leave when appropriate and the employee, if
so designated, shall comply with the City's FMLA Policy as requested.
[Ord. No. 10516, 9-20-2018; Ord. No. 10681, 9-3-2020; Ord. No. 10776, 10-6-2022; Ord. No. 10803, 4-20-2023]
a.
Employees may, with the written approval of their Department Head,
be given three scheduled work shifts per calendar year with pay and
without loss of other leave due to extreme extenuating circumstances
which may threaten the health and/or family welfare of the immediate
family, such as: household fire, storm damage, flooding, etc. This
provision does not allow use for situations such as transportation
problems, auto repairs, babysitting, or similar non-critical obligations
of the employee.
b.
Determination of eligibility shall be made by the Assistant Chief
Administrative Officer based on strict interpretation of these Personnel
Rules and Regulations.
[Ord. No. 10516, 9-20-2018; Ord. No. 10776, 10-6-2022; Ord. No. 10803, 4-20-2023]
In the event of the death of an immediate family member, a full-time
employee may be granted paid leave to attend the funeral of that family
member. The purpose of this leave is for funeral attendance and related
memorial services and is not to be used for attending to matters pertaining
to settlement of the estate or business affairs of the deceased. In
the event of the death of a spouse, child, step-child or parent, paid
leave may be granted for up to four work days upon the recommendation
of the Department Head. Other immediate family for the purpose of
this section is defined as brother, sister, aunt, uncle, father-in-law,
mother-in-law, sister-in-law, brother-in-law, grandparent, grandparent-in-law,
grandchild, stepparent, stepbrother, stepsister, or relative permanently
living in the same house and paid leave for the death of any of these
family members shall be for no more than two days.
[Ord. No. 10516, 9-20-2018; Ord. No. 10776, 10-6-2022; Ord. No. 10803, 4-20-2023]
Department Head, with the approval of the Chief Administrative Officer, may grant a permanent full-time employee an extended leave of absence without pay not to exceed 180 calendar days. Leave of absence may be granted for medical reasons. Such leave may be granted only after all of the employee's accrued sick leave and vacation leave has expired. If leave hereunder is granted because of an employee's medical condition, an employee must, before being considered for leave, submit a statement from his or her attending physician which shall include those items described in the Personal Sick Leave section, article X, § E-1010. Leaves under this section will only be granted when leave will not burden the Department affected and will not require that the employee be replaced during said leave. This section does not apply to the extent a leave is governed by the City's Family and Medical Leave Policy.
[Ord. No. 10516, 9-20-2018; Ord. No. 10681, 9-3-2020; Ord. No. 10776, 10-6-2022; Ord. No. 10803, 4-20-2023]
An absence of an employee from duty, including any absence for
a single day or part of a day, that is not authorized by a specific
grant of leave of absence under the provisions of these Personnel
Rules and Regulations shall be deemed to be an absence without leave.
Any such absence shall be without pay and, in addition, may be subject
to disciplinary action. An employee may not utilize a leave of absence
without pay if he or she has available emergency, vacation or sick
leave. An absence of three working days which is not explained satisfactorily
to the Department Head may be deemed cause for immediate discharge.
[Ord. No. 10516, 9-20-2018; Ord. No. 10776, 10-6-2022; Ord. No. 10776, 10-6-2022; Ord. No. 10803, 4-20-2023]
a.
Any employee who is to perform active duty or training or inactive
duty or training in the armed forces of the United States, including
but not limited to the military reserves, shall be granted a leave
of absence, as permitted by law. Further, an employee who leaves the
City for such military service may be paid accrued vacation for which
the employee is eligible from the City at the time of the leave of
absence at the employee's option.
b.
Any employee who leaves his or her job to serve in the armed forces
is entitled to all rights provided for under State and Federal law
during the performance of military duty and, upon completion of the
military duty, to reinstatement as provided by law. Reinstatement
rights are conditioned upon the employee fulfilling the basic requirements
for reinstatement under State and Federal law.
c.
Any employee who is reinstated following completion of military service
shall be eligible to take accrued vacation 30 days after reinstatement.
[Ord. No. 10516, 9-20-2018; Ord. No. 10681, 9-3-2020; Ord. No. 10776, 10-6-2022; Ord. No. 10803, 4-20-2023]
a.
Any employee of the City, who is or may become a member of the National
Guard or of any reserve component of the Armed Forces of the United
States and who is engaged in the performance of duty in the service
of the United States under competent orders for an extended and indefinite
period of time, shall be entitled to leave of absence from his or
her respective duties as an employee until such military service is
completed without loss of position, seniority, accumulated leave,
impairment of performance appraisal, pay status, work schedule including
shift, working days and days off assigned to the employee at the time
leave commences, and any other right or benefit to which the employee
is entitled, and no retirement benefit shall be diminished or eliminated
because of such service.
b.
In addition to a leave of absence otherwise authorized in these Personnel
Rules and Regulations, any employee of the City who is or may become
a member of the National Guard or of any reserve component of the
Armed Forces of the United States shall be entitled to a leave of
absence from his or her 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 he or she is engaged in the performance of duty
or training in the service of Missouri at the call of the Governor
and as ordered by the adjutant general without regard to length of
time, and for all period 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 120 hours
in any Federal fiscal year (October 1 through September 30).
c.
Before any payment of compensation is made covering the period of
any such leave, the employee shall file with the City 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 employee's commanding officer of performance
of duty in accordance with the terms of such order.
d.
Any employee entitled to military leave pursuant to this Policy of
the City shall only be charged military leave for any hours which
the employee would otherwise have been required to work had it not
been for such military leave. The minimum charge for military leave
shall be one hour and additional charges for military leave shall
be in multiples of the minimum charge.
e.
No member of the organized militia shall be discharged from employment
by the City because of being a member of the organized militia, nor
shall he or she be hindered or prevented from performing any militia
service he or she may be called upon to perform by proper authority
nor otherwise be discriminated against or dissuaded from enlisting
or continuing his or her service in the militia by threat or injury
to him or her in respect to his or her employment.
[Ord. No. 10516, 9-20-2018; Ord. No. 10776, 10-6-2022; Ord. No. 10803, 4-20-2023]
Any employee eligible and registered to vote in any election
held within this State, or any primary election held in preparation
for such election shall, on the day of such election, be entitled
to leave from duty (if on duty) which would allow three hours of voting
time between the time of opening and the time of closing the polls.
This section shall not apply to a voter on the day of election if
there are three successive hours while the polls are open in which
the employee is not on duty. The authorized Supervisor may specify
any three hours between the time of opening and closing of the polls
during which an employee may be granted voting leave. Employees may
be required to show current eligible voter registration cards to their
Supervisor prior to release for voting purposes; and no employee shall
be granted time off with pay for voting who is not eligible to participate
in a given election.
[Ord. No. 10516, 9-20-2018; Ord. No. 10776, 10-6-2022; Ord. No. 10803, 4-20-2023]
Employees may be granted leaves of absence for required jury
duty or for any other required appearances before a court as a witness.
Such employees shall receive that portion of their regular salary
which will, together with their jury duty pay or fees, equal their
total salary for the same period, subject to a maximum of 10 working
days per calendar year. Witness leave with pay is not available to
any employee who appears in court in connection with a case to which
he or she is a party.
[Ord. No. 10516, 9-20-2018; Ord. No. 10776, 10-6-2022; Ord. No. 10803, 4-20-2023]
Employees requesting leave of absence for any reason must fill
out a request form. In order to receive consideration, the requested
leave shall be approved by the employee's Department Head.
[Ord. No. 10516, 9-20-2018; Ord. No. 10776, 10-6-2022; Ord. No. 10803, 4-20-2023]
1.
Except for the provisions of this Policy regarding "Servicemember
Family Leave," an eligible employee is entitled to take up to 12 weeks
of unpaid leave under this Policy in a 12-month period. Leave may
be taken for any of the following reasons:
(a)
To care for an adopted, foster care, or newborn child;
(b)
To care for the employee's spouse, son, daughter, or parent
with a serious health condition;
(c)
Because of an employee's own serious health condition that makes
the employee unable to work at all or perform the essential functions
of the employee's job; or
(d)
A qualifying exigency 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.
3.
For purposes of this Policy, "serious health condition" means an illness, injury, impairment, or physical or mental condition
that involves:
(a)
Any period of incapacity or treatment in connection with or
consequent to in-patient care (i.e., an overnight stay) in a hospital,
hospice, or residential medical care facility;
(b)
Any period of incapacity requiring absence from work, of more
than three calendar days, that also involves continuing treatment
by (or under the supervision of) a health care provider; or
(c)
Continuing treatment by (or under the supervision of) a health
care provider for a chronic or 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 calendar days; or
(d)
For
prenatal care.
4.
The 12-month period during which an eligible employee is entitled
to a total of 12 weeks leave under this Policy begins on January 1st
of each year. Except for the provisions of this Policy regarding Servicemember
Family Leave, an eligible employee is only entitled to a total of
12 weeks leave in any given 12-month period regardless of the number
of qualifying conditions that may arise in any 12-month period.
5.
For any leave taken in accordance with this Policy that would otherwise
be unpaid, each employee is required to use accrued paid vacation,
accrued paid sick leave and accrued compensatory time to the extent
available in the following manner:
(a)
For any leave taken under this Policy as Servicemember Family
Leave or any leave relating to the placement of a child for adoption
or foster care, to care for a family member with a serious health
condition, the employee is required to use all of his or her available
accrued paid sick leave first (maximum of 10 paid days annually, except
for fire shift personnel who have a maximum of five 24-hour work shifts
annually), then use all of his or her accrued paid vacation and then
use all of his or her accrued compensatory time while on leave; and
(b)
For any leave taken under this Policy because of the employee's
own serious health condition, the employee is required to use all
of his or her accrued paid sick leave first, then use all of his or
her accrued paid vacation leave, PTO with respect to law enforcement
personnel of the City who receive paid time off in lieu of holidays,
and then use all of his or her accrued compensatory time while on
leave.
6.
If the leave taken in accordance with this Policy is compensated
at all, such as under the temporary total disability provisions of
workers' compensation law, then no use of accrued paid vacation, accrued
paid sick leave or accrued compensatory time will be required but
such paid leave may be used at the employee's option.
7.
An eligible employee who is the spouse, son, daughter, parent or
next of kin of a covered servicemember shall be entitled to a total
of 26 work weeks of leave during a 12-month period to care for the
servicemember ("Servicemember Family Leave"). The leave described
in this paragraph shall only be available during a single 12-month
period. During such a single 12-month period, an eligible employee
shall be entitled to a combined total of 26 work weeks of FMLA leave,
regardless of the reason or reasons for taking FMLA leave. A "covered servicemember" means a member of the Armed Forces,
including a member of the National Guard or Reserves, who is undergoing
medical treatment, recuperation, or therapy, is otherwise in outpatient
status, or is otherwise on the temporary disability retired list,
for a serious injury or illness. The term "outpatient status," with respect to a covered servicemember, means the status of a member
of the Armed Forces assigned to:
(a)
A military medical treatment facility as an outpatient; or
(b)
A unit established for the purpose of providing command and
control of members of the Armed Forces receiving medical care as outpatients.
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The term "serious injury or illness," in the case of a member
of the Armed Forces, including a member of the National Guard or Reserves,
means an injury or illness incurred by the member in line of duty
on active duty in the Armed Forces that may render the member medically
unfit to perform the duties of the member's office, grade, rank, or
rating. For purposes of this Policy, the term "next of kin," used
with respect to an individual, means the nearest blood relative of
that individual.
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8.
For any leave taken under this Policy, an eligible employee may also
take paid vacation leave which has not yet been earned but could accrue
during the calendar year. The use of unearned vacation shall follow
the use of earned sick leave and earned vacation leave as required
in subsection 5 of this Policy. If an employee chooses to use unearned
vacation leave during an FMLA leave of absence, the request to use
such leave must be made in writing and submitted to the Human Resources
Manager prior to the exhaustion of all paid sick leave and paid earned
vacation. In the event that an employee utilized vacation leave during
a calendar year in excess of that which has accrued and thereafter
dies, terminates, retires, is discharged, or otherwise separates employment
with the City of Kirkwood prior to the accrual of such vacation time,
the City shall be entitled to assess and recoup the value of such
utilized vacation leave which is in excess of the accrued vacation
leave. Any such amount due shall be withheld from any final compensation
due employee or through appropriate legal action if necessary. If
legal action is necessary to recoup such amount, the employee will
be responsible for the City's costs and expenses, including attorney's
fees.
10.
Spouses who are both employed by the City of Kirkwood are permitted
to take only a combined total of 12 weeks leave during a 12 month
period if the leave is taken: for the birth of a child or to care
for the child after birth; for placement of a child for adoption or
foster care, or to care for the child after placement; or to care
for a parent with a serious health condition. Each spouse is entitled
to his or her own 12 weeks of leave during a 12-month period if the
leave is for his or her serious health condition, or the serious health
condition of the other spouse or a child.
11.
An employee's entitlement of leave to care for an adopted, foster
care, or newborn child expires at the end of the 12-month period beginning
on the date of the birth or placement.
12.
Employees seeking to use leave under this Policy are required to
provide 30 days advance notice of the need to take leave if the need
for the leave is foreseeable based on an expected birth or placement
of a child, or planned medical treatment for a serious health condition
of the employee or of a family member. If 30 days' notice is not practicable
under the circumstances, such as because of the lack of knowledge
of when leave will begin, a change in circumstances, or a medical
emergency, notice must be given as soon as practicable. The notice
under this section must set forth the reason(s) for the requested
leave, the anticipated duration of the leave and the anticipated start
of the leave.
When planning medical treatment, the employee must consult with
his or her Department Head and make a reasonable effort to schedule
the leave so as not to disrupt unduly the Department's operations,
consistent with the health care provider's medical judgment.
13.
When leave is taken because of the birth or placement of a child
or adoption or foster care, an employee may take leave intermittently
or on a reduced leave schedule only upon approval of the employee's
Department Head. When leave is taken to care for an employee's own
serious health condition or for a sick family member, leave may be
taken intermittently or on a reduced leave schedule when medically
necessary at the employee's request.
14.
An employee that takes leave under this Policy for a spouse, child,
or parent with a serious health condition, or because of the employee's
own serious health condition, must submit a sufficient and complete
FMLA Certification Form, upon request. The Certification Form is due
15 days after the City's written request directed to the employee.
While on leave, the employee may be asked to periodically report
on his or her status or the status of the family member and when the
employee intends to return to work.
It is understood that any employee taking Family and Medical
Leave pursuant to this section agrees that he or she will not accept
or perform any work for any other employer or engage in any self-employment
work activity during his or her leave of absence; if an employee does
so, he or she acknowledges that in such circumstances his or her conduct
will be deemed to be a violation of the terms of the leave of absence,
and that his or her employment with the City will be considered to
have been terminated voluntarily on his or her part as of the first
day of such a violation.
15.
Prior to being returned to work following a leave taken under this
Policy, an employee whose leave was occasioned by his or her own serious
health condition must obtain and present certification from the health
care provider that the employee is able to return to work.
16.
For the duration of any leave taken under this Policy, the City of
Kirkwood will maintain the employee's health care coverage on the
same basis as coverage would have been provided if the employee had
not taken leave. If an employee fails to return to work for the City
for at least 30 days upon conclusion of leave taken under this Policy,
the employee shall owe the City the cost of health insurance premiums
provided by the City during such absence, except as otherwise limited
by law.
17.
When an employee takes leave, which would otherwise qualify as leave
under this Policy except that the employee has not specifically requested
Family and Medical Leave, including any leave due to occupational
injury or illness, the time spent on such a leave may be designated
as Family and Medical Leave and may be counted towards an employee's
total number of weeks to which the employee is entitled as Family
and Medical leave.
18.
Extended leaves of absence without pay that are not governed by this Policy, (i.e., those for a reason other than those provided herein, or if of the type otherwise covered but which extends beyond the number of weeks allowed hereunder), will be governed by article X, § E-1030 (leave of absence without pay) of the Personnel Rules and Regulations for the City of Kirkwood.
19.
Any interpretation of this Policy and of the benefits and obligations
under the Family and Medical Leave Act of 1993 ("FMLA") shall be governed
by appropriate Federal law and regulations issued under the FMLA.
[Ord. No. 10516, 9-20-2018; Ord. No. 10776, 10-6-2022; Ord. No. 10803, 4-20-2023]
The Genetic Information and Nondiscrimination Act of 2008 (GINA)
prohibits employers and other entities covered by GINA Title II from
requesting or requiring genetic information of an individual or family
member of the individual, except as specifically allowed by this law.
To comply with this law, the City asks that employees not provide
any genetic information when responding to a request for medical information.
"Genetic information" as defined by GINA, includes an individual's
family medical history, the results of genetic services sought or
received by an individual (employee) or an individual's family member,
and genetic information of a fetus carried by an individual (employee)
or an individual's family member or an embryo lawfully held by an
individual (employee) or family member receiving assistive reproductive
services.
[Ord. No. 10681, 9-3-2020; Ord. No. 10776, 10-6-2022; Ord. No. 10803, 4-20-2023]
a.
The City will provide reasonable breaks for an employee to express
breast milk for her nursing child for one year after the child's birth
each time such employee has a need to express the milk. The City will
provide a place other than a bathroom, that is shielded from view
and free from intrusion from co-workers and the public which may be
used by an employee to express breast milk. Any breaks taken for the
purpose of expressing milk are not required to be compensated. However,
any employee who uses existing compensated breaks to express milk
will be compensated in the same manner that other City employees are
compensated for any such break time. Any employee classified as exempt
for purposes of overtime eligibility is not entitled to lactation
breaks under applicable Federal law but may be provided such breaks
at the discretion of such employee's Department Head or the Chief
Administrative Officer or Assistant Chief Administrative Officer of
the City.
b.
An employee should advise management if she needs break time and
an area of privacy for purposes of expressing breast milk for a nursing
child. No employee will be discriminated against or retaliated against
for exercising such rights pursuant to this Policy.
[Ord. No. 10733, 11-4-2021; Ord. No. 10776, 10-6-2022; Ord. No. 10803, 4-20-2023]
a.
An employee who is a victim of domestic or sexual violence, or whose
family or household member is a victim of domestic or sexual violence,
may seek up to two weeks of unpaid leave during any 12-month period
for any of the following reasons:
(1)
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;
(2)
Obtaining services from a victim services organization for the
employee or the employee's family or household member;
(3)
Obtaining psychological or other counseling for the employee
or the employee's family or household member;
(4)
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
(5)
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.
b.
For purposes of leave under this Policy, "a family or household
member" means 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.
c.
Employees seeking leave must provide at least 48 hours' advance notice
of the intention to take leave, unless giving notice is not practicable.
Leave may be taken intermittently or on a reduced work schedule.
d.
When requesting leave under this Policy, employees also must certify
that the employee or the employee's family or household member is
a victim of domestic or sexual violence and that the leave is for
a qualifying reason, and the employee must provide supporting documentation
such as a police report, documentation from a victim services organization,
or other corroborating documentation.
e.
The 12-month period during which an eligible employee is entitled
to a total of two weeks leave under this Policy begins on January
1 of each year. An eligible employee is only entitled to a total of
12 weeks leave in any given 12-month period regardless of the number
of qualifying conditions that may arise in any 12-month period, either
under this Policy and/or the Family and Medical Leave Policy. This
Policy does not create a right for an employee to take unpaid leave
that exceeds the amount of unpaid leave time allowed under the Federal
Family and Medical Leave Act of 1993 (29 U.S.C. §§ 2601,
et seq.).
f.
For any leave taken in accordance with this Policy that would otherwise
be unpaid, the employee is required to use accrued paid vacation,
accrued paid sick leave and accrued compensatory time to the extent
available in the following manner:
(1)
For any leave taken to care for a family or household member
who has been subjected to domestic or sexual violence, the employee
is required to use all of the employee's available accrued paid sick
leave first (maximum of 10 paid days annually, except for fire shift
personnel who have a maximum of five 24-hour work shifts annually),
then use all of the employee's accrued paid vacation and then use
all of the employee's accrued compensatory time while on leave; and
(2)
For any leave taken under this Policy because the employee has
been subjected to domestic or sexual violence, the employee is required
to use all of the employee's accrued paid sick leave first, then use
all of the employee's accrued paid vacation leave, PTO with respect
to law enforcement personnel of the City who receive paid time off
in lieu of holidays, and then use all of employee's accrued compensatory
time while on leave.
g.
For the duration of any leave taken under this Policy, the City will
maintain the employee's health care coverage on the same basis as
coverage would have been provided if the employee had not taken leave.
If an employee fails to return to work for the City for at least 30
days upon conclusion of leave taken under this Policy, the employee
shall owe the City the cost of health insurance premiums provided
by the City during such absence, except as otherwise limited by law.
h.
Additionally, employees who are victims of sexual or domestic violence,
or who have a family or household member who is the victim of domestic
or sexual violence, may request 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.
The City is not required to make safety accommodation(s) under this
Policy if such accommodation(s) would impose an undue hardship on
the operations of the City. The City may require that the employee
requesting a reasonable safety accommodation pursuant to this Policy
provide the City a written statement signed by the employee, or an
individual acting on the employee's behalf, certifying that the reasonable
safety accommodation is for a purpose authorized under this Policy.
i.
Any interpretation of this Policy shall be governed by appropriate
Missouri law and regulations issued under the Victims Economic Safety
and Security Act, § 285.624, et seq., RSMo.
[Ord. No. 10776, 10-6-2022; Ord. No. 10803, 4-20-2023]
1.
The City of Kirkwood provides paid parental leave to eligible employees
following the birth of the employee's child or the placement of a
child with the employee in connection with adoption or foster care.
The purpose of paid parental leave is to enable eligible employees
to care for and bond with a newborn or a newly adopted or newly placed
child. Leave under this Policy will run concurrently with Family and
Medical Leave Act (FMLA) leave, as applicable. This Policy will be
in effect for births, adoptions or placements of foster children occurring
on or after October 6, 2022.
2.
Eligible employees must meet the following criteria:
(a)
Have been employed by the City of Kirkwood in a full-time capacity
for at least 12 months; and
(b)
Have worked at least 1,250 hours during the 12 consecutive months
immediately preceding the date the leave would begin; and
(c)
Be a permanent, full-time employee (temporary employees and
part-time employees are not eligible for this benefit).
3.
In addition, employees must meet one of the following criteria:
(a)
Have given birth to a child; or
(b)
Be a spouse or committed partner to a person who has given birth
to a child; or
(c)
Have adopted a child or been placed with a foster child (in
either case, the child must be age 17 or younger). The adoption of
a new spouse's child is excluded from this Policy.
4.
Eligible employees will receive a maximum of three weeks (except
that fire shift personnel will receive up to a maximum of six days,
defined as 24-hour shift days) of paid parental leave per birth, adoption
or placement of a child/children. The fact that a multiple birth,
adoption or placement occurs (e.g., the birth of twins or adoption
of siblings) does not increase the total amount of paid parental leave
granted for that event. In addition, in no case will an employee receive
more than three weeks (for fire shift personnel, no more than six
24-hour shift days) of paid parental leave in a 12-month period, regardless
of whether more than one birth, adoption or foster care placement
event occurs within that 12-month time frame.
5.
Approved paid parental leave may be taken at any time during the
6-month period immediately following the birth, adoption or placement
of a child with the employee. Paid parental leave may not be used
or extended beyond this 6-month time frame. Employees must take paid
parental leave in one continuous period of leave. Any unused paid
parental leave will be forfeited at the end of the 6-month time frame.
Upon termination of employment with the City of Kirkwood, employees
will not be paid for any unused paid parental leave for which the
employee was eligible.
6.
Paid parental leave taken under this Policy will run concurrently
with leave under the FMLA and the Family and Medical Leave Policy
of the City of Kirkwood; thus, any leave taken under this Policy that
falls under the definition of circumstances qualifying for leave due
to the birth or placement of a child through adoption or foster care
will be counted toward the 12 weeks of available FMLA leave per a
12-month period. All other requirements and provisions under the FMLA
will apply. In no case will the total amount of leave — whether
paid or unpaid — granted to the employee exceed 12 weeks during
the 12-month FMLA period.
7.
After the paid parental leave is exhausted, the balance of FMLA leave
(if applicable) will be compensated through the employee's accrued
paid vacation, accrued paid sick leave, and accrued compensatory time
to the extent available in the manner set out in the City of Kirkwood's
Family and Medical Leave Policy. If a holiday occurs while the employee
is on paid parental leave, such day will be charged to holiday pay;
however, such holiday pay will not extend the total paid parental
leave entitlement. Upon exhaustion of accrued paid vacation, accrued
paid sick leave, and accrued compensatory time, any remaining leave
will be unpaid leave.
8.
The City of Kirkwood will maintain employees' health care coverage
during the paid parental leave period on the same basis as coverage
would have been provided if the employee had not taken leave.
9.
An employee who seeks paid parental leave will provide the employee's
Department Head and the human resource department with notice of the
request for paid parental leave at least 30 days prior to the proposed
date of the leave (or if the leave was not foreseeable, as soon as
possible). The employee must complete the necessary HR forms and provide
all documentation as required by the HR Department to substantiate
the request.
