Listed below are all of the types of excused absences and types of leave for which an employee will be compensated:
(1) Vacation.
All employees are encouraged to use the vacation that they have earned. In order for vacation to be credited against an employee's record of time, the department head must approve the vacation in advance. Each department head may establish internal departmental policies pertaining to submission and review of vacation requests so as to insure completion of the department's tasks and reasonable scheduling of other employees. The following rules or guidelines shall apply to all employees.
a. The administrative assistant shall keep the official record of vacation earned and vacation used.
b. Employees shall earn vacation at the following rates:
Length of Service | Days Earned Per Month |
|---|
Less than 10 years | One |
10-14 years | One and one-quarter |
15 or more years | One and one-half |
c. Department heads shall earn vacation at the following rates:
Length of Service | Days Earned Per Month |
|---|
Less than 10 years | One and one-quarter |
10 or more years | One and one-half |
d. The rate at which the city manager and city secretary earn vacation shall be determined by council as part of their salary negotiations.
e. On the first day of the fiscal year, the maximum allowable vacation leave balance will be 30 days except as noted below. Any days in excess of 30 shall be lost unless it has been necessary to deny an employee the opportunity to take his or her vacation. In these cases, the manager shall recommend to council that the employee be paid for the excess leave.
The total vacation accrued by employees who already have more than 30 days of vacation "on the books" as of July 10, 1990, shall be the limit they may carry forward into a new fiscal year. For example, if an employee has 45 days of accrued vacation "on the books" as of July 10, 1990, then 45 will be the maximum that this employee can carry forward on the first day of the future fiscal years. If at any time their accrued vacation total falls below 30 days at the beginning of a fiscal year, the "30-day rule" shall apply to them permanently.
f. Holidays and regular days off taken in conjunction with a vacation shall not be counted as vacation days.
g. Employees who retire, are terminated, or who resign, shall be paid all unused vacation.
(2) Sick leave.
Employees who are ill or who must temporarily care for their father, mother, spouse, son, daughter or other relative living under the same roof may utilize sick leave. In order for an absence to be excused as sick leave, the following rules shall apply to all employees.
a. In order for an absence to be counted as sick leave, an employee must call his or her supervisor within 30 minutes after the start of the workday. If the supervisor cannot be contacted, then the employee is to contact the department head.
b. Sick leave may be used for scheduled appointments with health care professionals. Sick leave may also be used for the purpose of attending inpatient or after care, outpatient treatment of alcohol or drug abuse. It may also be used to attend physical therapy if that therapy has been prescribed by a physician.
c. Sick leave may not be used in lieu of injury leave.
d. An employee has the option of utilizing earned comp time in lieu of sick leave, however, the department head retains the option of requiring a medical or hospital statement.
e. All employees shall earn sick leave at a rate of one day per month of service.
f. Employees who resign or are terminated shall not be paid for unused sick leave.
g. Employees who retire with 15 or more years of service with the city on July 10, 1990, shall be paid for 50 percent of their accrued sick leave or 45 days, whichever is less.
h. Employees who retire and who have had less than 15 years of service with the city on July 10, 1990, shall be paid for 50 percent of their accrued sick leave or 30 days, whichever is less.
i. The finance department shall maintain the official record of sick leave earned and sick leave taken.
j. Misuse or abuse of the sick leave provisions shall be cause for disciplinary action.
(3) Injury leave.
a. Employees who are injured and cannot perform the essential elements of their job description shall be placed in an injury leave status so long as the employee reports the injury immediately to his/her supervisor.
b. If the employee has not been released by his or her physician to return to a full-duty work status by the end of a reasonable injury leave period and cannot perform the essential elements of the job description, the employee may be terminated.
c. The department head may recommend a leave of absence without pay in lieu of termination if:
1. The employee will be able to return to his/her job within a 30-day period of time if certified by the attending physician; and
2. The department head can forego a regular replacement or the position can be filled on a temporary basis until the injured employee can return to work.
(4) Court/jury leave.
An employee who is called for jury duty, or who is subpoenaed to testify before a grand jury or at a criminal trial or in a civil case in which the city is a party shall be given court/jury leave. If the subpoena requires that the employee remain away from the work place for one or more workdays, the employee will be credited with eight hours court/jury leave per workday.
(5) Military leave.
In accordance with state and federal regulations, an employee who is actively involved in the Reserve of the Armed Forces of the United States or the Texas National Guard shall be entitled to take up to 15 days military leave. Military leave must be spent on active duty or in an active reserve status. A department head will require the employee to provide a copy of the military orders for the military leave period.
(6) Off-site training.
An employee may from time to time be required to attend training that occurs outside the normal workplace. As such, the employee will be absent from the normal workplace. Attendance at the training will be considered the employee's work assignment for that period of time. When the training is out of town or lasts for more than one day, the employee will be credited with eight hours training (work) time per day.
(7) Death in family leave.
All full-time employees may be granted leave with pay for a period not to exceed three workdays to attend a funeral and handle the necessary family details in case of death in their immediate family or other relative living in the same household. This leave will not be charged against sick leave or vacation. Part-time, seasonal and temporary employees may be granted up to three days' leave of absence without pay in such cases. (Immediate family, for this purpose, shall be defined as husband, wife, son, daughter, mother, father, mother-in-law, father-in-law, grandparents, brother and sister.
(8) Family and Medical Leave Act (FMLA).
An employee must be awarded up to 12 weeks total of paid and unpaid leave for the reasons of birth of a child, adoption or foster care of a child, care for seriously ill spouse, child or parent, and during the employee's own serious illness. The employee must exhaust accrued vacation, comprehensive and sick leave time first before unpaid leave is taken.
a. To be eligible for FMLA leave, an employee must have been employed with the city for at least 12 months and worked at least 1,250 hours during the previous 12 months.
b. Eligible employees will be granted leaves of absence for up to 12 weeks within a "rolling" 12-month period (measured backwards from the date the leave begins) for any of the following reasons:
1. Birth or placement (adoption or foster care) of a child, or in order to take care of a newborn child or a child newly placed with the employee for adoption or foster care and the leave must be taken before the end of the first 12 months following the date of birth or placement ("birth leave"); or
2. When certified by a health care provider, to care for a "family member" (the employee's spouse, child or parent, but not a parent-in-law) with a serious health condition; or
3. For a serious health condition that makes the employee unable to perform the functions of his or her position.
c. Eligible employees may take FMLA leave for any combination of these reasons. However, all combined leaves cannot exceed 12 weeks within the "rolling" 12-month period.
d. A birth leave (unless it involves a serious health condition) must be taken in a continuous time period and may not be taken in intermittent periods (e.g., one week working and the next week on leave) or through a reduced work schedule (e.g., changing from 40 hours per week to 20 hours per week). A childcare leave must be completed within 12 months of the birth, adoption or placement of the child. Leave for a serious health condition may be taken in a continuous time period, or an intermittent basis or through a reduced work schedule.
e. Serious health condition.
For the purpose of this policy the meaning of the term "serious health condition" may be summarized as an illness, injury, impairment or physical/mental condition that involves in-patient care in a hospital, hospice or residential medical care facility, or "continuing treatment" by a health care provider as defined in the FMLA. For a complete definition of the term "serious health condition," contact the administrative assistant. Ordinarily, unless complications arise, the common cold, flu, earaches, upset stomach, ulcers, headaches (other than migraines) and routine dental or orthodontia problems are examples of conditions that do not constitute a serious health condition and do not qualify for FMLA leave.
f. Notice to city of leave.
1. Where the need for an FMLA leave (including intermittent or reduced work schedule leaves) is foreseeable, employees must provide the city with 30 days' prior notice. If 30 days' prior notice is not practicable because the absence results from unforeseen circumstances, notice must be given as soon as practicable (usually within two business days after the leave begins). If an employee fails to give timely advance notice when the need for leave is foreseeable, the city may deny FMLA leave until the employee provides 30 days' notice.
2. The city must notify the employee if the absence qualifies as FMLA leave. If the city does not have the information from the employee needed to designate the leave as FMLA when the time leave commences, it may retroactively designate the leave as FMLA upon obtaining that information.
3. If leave is taken on an intermittent basis or reduced work schedule for foreseeable, planned medical treatment, the city may transfer the employee during the leave to an alternative position with equal pay and benefits which better accommodates an intermittent or recurring leave. If the leave is foreseeable for planned medical treatment, the employee must make a reasonable effort to schedule medical treatments to avoid disrupting city operations.
g. Required medical certifications.
1. Initial certification.
Employees who request leave because of a serious health condition must provide the administrative assistant with a medical certification from their health care provider on the form provided by the city. When 30 days' notice of leave is provided to the city, if possible, the employee must return the completed medical certification before beginning the leave. However, when the need for leave is not foreseeable, the completed certification must be returned to the city within 15 days. If an employee fails to return a completed medical certification in a timely manner, the city may deny foreseeable leave until the certification is submitted. If an employee never returns the health care provider certification, the absence will not be considered FLMA leave.
2. Recertification during leave.
Employees may also be required to submit medical recertification from their health care provider during the course of the leave. Employees on leave may also be required to periodically report to the city regarding their intent to return to work upon completion of leave. If an employee gives unequivocal notice that he or she does not intend to return to work, the employee's FMLA leave, entitlement to reinstatement and medical/dental benefits, and employment with the city will be terminated.
3. Return to work certification.
Before being reinstated from leave, employees must submit a medical certification that they are fit for duty and able to perform the essential functions of their job position (with or without reasonable accommodation). Employees will not be reinstated until the city receives this certification.
h. Reinstatement from leave.
The city will reinstate employees from FMLA leave to their former positions. Employees must seek reinstatement on or before the expiration of 12 cumulative weeks of leave and be able to perform their job duties (with or without reasonable accommodation). Employee must request reinstatement within three working days after being released by their health care provider. If the employee's former position is not available, the employee will be reinstated to an equivalent job position. Refusing an offer of reinstatement to an equivalent position will be treated as a voluntary resignation of employment. Employees who do not return to work after 12 cumulative weeks of FMLA leave or do not seek extended leave (if eligible) will be dismissed from employment. However, such employees are eligible to reapply for future employment by submitting an application to the city.
(9) Additional leave of absence.
Employees who exhaust their FMLA leave and need additional time off from work for their own medical treatment may apply for up to a maximum of 14 weeks of extended leave anytime during the "rolling" 12-month period.
(10) Medical leave of absence.
a. Employees who do not qualify for FMLA leave may apply for or be placed on a medical leave of absence for the treatment of their on-the-job serious health condition. Employees will be eligible for medical leave after completing the entry period, except for on-the-job injuries, when a medical leave can begin immediately.
b. Medical leave is limited to a maximum of 12 cumulated weeks within the "rolling" 12-month period. A medical leave must be taken on a continuous basis and may not be taken on an intermittent basis or a reduced work schedule.
c. Medical leaves will be unpaid. However, an employee's accrued sick leave, vacation or other paid benefits must be used during the leave, under the policies of the city, until exhausted. The use of paid benefits will not extend the duration of a medical leave. An employee may not receive more than 100 percent of regular wages during a medical leave from any combination of employment benefits.
(11) Extended leave.
a. Employees may qualify for additional time off from work during the "rolling" 12-month period for treatment of their on-the-job or off-the-job serious health condition. To qualify for extended leave, employees must first exhaust their FMLA or medical leave. Employees must apply for extended illness leave through the city manager.
b. Full time employees (for the purpose of this policy, individuals authorized to work 40 hours per week) who qualify for extended leave may continue their absence for up to a maximum of 14 weeks during the "rolling" 12-month period.
c. Extended illness leave must be taken in a continuous time period and may not be taken on an intermittent basis or through a reduced work schedule.
d. Benefits during leave.
1. Extended leaves will be unpaid. However, if an employee has accrued sick leave or vacation, such benefits must be used during an extended leave, under the policies of the city, until exhausted. The remainder of the leave would be unpaid. The use of paid benefits will not extend the duration of the leave. An employee may not receive more than 100 percent of regular wages during the extended leave from any combination of employment benefits (e.g., vacation, sick leave, etc.).
2. Employees will not accrue service credit or employment benefits during the unpaid portion of an extended leave. Coverage under the plan will remain in effect if the employee timely pays the employee's portion of the premium during an extended leave. Premiums will be paid either through payroll deduction (if paid benefits are used during all or any or part of an extended illness leave) or through other arrangements approved by the city manager. Employees who fail to pay plan premiums during their extended leave will be dropped from the plan and may be required to requalify for health coverage if they are reinstated to employment.
3. Eligible employees may take reasonable leaves of absence for maternity purposes; the birth, adoption or placement of a foster child; or for the care of a spouse, son, daughter or parent who has a serious health condition. For these purposes, "serious health condition" shall mean an illness, injury, impairment or physical or mental condition involving inpatient care in a hospital, hospice or residential medical care facility or continuing treatment by a health care provider. "Spouse" shall mean the husband or wife of the employee, but shall not include unmarried domestic partners. If the city employs both an employee and his or her spouse, their combined time off may not exceed 12 workweeks during any 12-month period. An employee will be required to first use any of his or her accrued and unused vacation and sick leave benefits before being allowed to use family leave.
4. Taking family leave will not result in the loss of any benefit accrued prior to the date on which the leave began. However, vacation and sick leave benefits shall not accrue during the period of the leave of absence. An employee on family leave will remain covered under all employee benefit plans (medical, retirement, etc.) throughout the duration of the leave as if actively employed. If the employee fails to return to work at the conclusion of the leave, the city will require the employee to reimburse it for the full cost of health care coverage during the period of leave. However, if an employee fails to return to work because of legitimate medical reasons or circumstances beyond the employee's control, he or she may not be required to reimburse the city for such benefits.
(12) Leave without pay.
In rare occasions where an employee has no accrued vacation, sick leave or comp time and has legitimate reason to be absent from the work place, a department head may recommend leave without pay. Reasonable causes for leave without pay may include, but not limited to:
a. Maternity leave when the employee has no accrued vacation, sick leave or comprehensive time; or is ineligible for FMLA.
b. Additional emergency leave beyond five days when the employee has no accrued vacation, sick leave or comp time.
c. Additional military leave when the employee has no accrued vacation, sick leave or comp time.
d. Any leave required by the Americans with Disabilities Act (ADA).
(13) Compensatory time.
Compensatory time is excused time away from the work site for nonexempt employees in lieu of cash payment for overtime or excused time for exempt employees in lieu of excess hours above the standard workweek. Nonexempt employees shall accrue one and one-half hour of comp time for every hour of overtime worked for which they are not paid. The department head must approve the use of comp time before an employee can take it. The city strives to pay overtime when it is earned.
(Ordinance 1212, § 4, 4-23-02; Ordinance 1313, § 1, 12-14-04)