[Ord. No. 545, 3-16-2023]
As used in this Article, the following terms shall have the meanings indicated:
LEAVE TIME
Time during normal working hours in which an employee does not engage in the performance of job duties. Leave time may be either paid or unpaid as authorized by the Mayor.
UNAUTHORIZED ABSENCE
One in which the employee is absent from regular duty without the permission of the employee's supervisor. Employees are not paid for unauthorized absences and such absences may lead to disciplinary action, up to and including termination.
[Ord. No. 545, 3-16-2023]
A. 
All leave taken by City employees must be approved in advance by the employee's supervisor. The City may designate forms to request such leave.
B. 
Supervisors are responsible for determining that leave has been accrued and is available for use in the amounts requested by an employee. In addition, supervisors are responsible for ensuring that all vacation and sick leave usage is recorded on the employee's timesheet.
[Ord. No. 545, 3-16-2023]
A. 
The City provides paid holidays to all full-time employees including new employees who are still in their new hire probationary period. Part-time employees are extended official holidays without pay. Holidays are days designated by the City when City offices are closed on what otherwise would be regular business days.
B. 
The following official holidays will be observed:
1. 
New Year's Day;
2. 
Memorial Day;
3. 
Independence Day;
4. 
Labor Day;
5. 
Veterans Day;
6. 
Thanksgiving Day;
7. 
Christmas Day.
C. 
Holidays occurring on Saturday normally will be observed on the preceding Friday and holidays occurring on Sunday will normally be observed on the following Monday.
D. 
A holiday is a period of eight (8) hours, paid at the employee's regular rate.
E. 
Part-time employees are not paid for holidays except for holiday hours actually worked.
F. 
An employee who is absent without approved leave immediately preceding or following a holiday may be required to provide a note from a licensed medical professional. The note and circumstances surrounding the unapproved leave will be reviewed, however, the City could still determine that the employee will not be paid for the holiday.
G. 
Employees wishing to observe religious or other holidays not listed herein shall at their option be given time off without pay or have the time charged to vacation, if available.
H. 
Work During Holidays.
1. 
It is not always feasible to grant holidays at the scheduled time, especially for employees who are assigned shifts on an "around the clock" operation. With the approval of the Mayor, a department director who finds it a business necessity to do so may direct some or all employees of the department to report for work on a holiday. Non-exempt employees required to work on holidays will be paid holiday pay in addition to regular hourly pay.
I. 
If an official holiday falls within a regular employee's vacation, the employee will be granted the holiday and not charged for a day of vacation.
[Ord. No. 545, 3-16-2023]
A. 
Vacation leave is an earned benefit intended to provide employees with paid time away from the work environment to pursue activities that will promote the well-being of the individual. Vacation leave may also be used for purposes of attending to personal business, extension of sick leave when accrued sick leave is exhausted, inability to travel to work because of inclement weather or for other purposes.
B. 
Employees are expected to submit their preferred vacation schedule to the appropriate supervisor at least two (2) weeks in advance in order to avoid any scheduling problems that may develop. Whenever possible, vacation time will be granted at the convenience of the employee; however, supervisors must be certain that vacations do not interfere with the normal functions and activities of departmental operations. Departments may have departmental policies concerning the scheduling of vacation. Vacation time requests, if not requested in advance, may be denied.
C. 
Vacation leave can be requested and used in one (1) hour increments for non-exempt employees. For employees who are exempt from FLSA under the executive, administrative, or professional categories, accrued vacation leave will be used in four (4) hour increments for a partial day's absence on approved vacation leave.
D. 
Accrual. Employees will accrue vacation leave according to the following schedule:
1. 
Every full-time employee shall be granted vacation leave with pay as follows:
1 year
40 hours (1 week)
2 to 4 years
80 hours (2 week)
5 to 9 years
120 hours (3 week)
Over 10 years
160 hours (4 week)
E. 
Vacation leave shall be taken during the year following its accumulation and may not be carried from one year to the next.
F. 
In case of resignation or dismissal from City service of a full-time employee, the employee will be compensated for accrued vacation leave.
[Ord. No. 545, 3-16-2023]
A. 
The intent of sick leave is to prevent a loss of income to an employee who is absent due to an injury or illness which is not job related. Should such an injury or illness occur to an employee, continued income should be insured through the use of sick leave. Sick leave may also be used for maternity and paternity reasons.
B. 
Sick leave shall be accrued by all full-time employees at the rate of three and sixty-nine hundredths (3.69) hours per pay period (twelve (12) days per year). Sick leave begins accruing immediately for all new full-time employees from date of employment but shall not be taken until successful completion of six (6) months of employment, except with permission of the Board of Aldermen. Part-time employees are not eligible to accrue sick leave.
C. 
Any accrued but unused sick leave shall be carried to the employee's credits for the following calendar year. The maximum number of hours that can be accumulated to a total of thirty-six (36) days (two hundred eighty-eight (288) hours).
D. 
Sick leave may never be taken in advance of earning time.
E. 
After an employee's accumulated sick leave has been exhausted, accrued vacation leave may be used as sick leave with approval of the employee's supervisor, provided there has been no abuse of sick leave and that all provisions of the sick leave policy are met. When absence due to illness exceeds the amount of paid leave earned and authorized, the pay of an employee shall be discontinued.
F. 
Full-time employees are charged with one (1) hour of sick leave for each full or partial hour they are absent on approved sick leave. Sick leave can be requested and used in one (1) hour increments for non-exempt employees. For employees who are exempt from FLSA under the executive, administrative, or professional categories, accrued sick leave will be used in one (1) hour increments for a partial day's absence.
G. 
Sick leave may be allowed in case of medical appointments, personal illness, physical incapacity of an employee or the employee's immediate family. Immediate family is defined as the employee's spouse, children, parents or a member of the household.
H. 
Employees who are absent due to illness for three (3) or more consecutive days may be required to provide their supervisor with sufficient documentation from a licensed medical professional. At his or her discretion, the supervisor may request documentation for any sick leave taken regardless of the amount of sick leave taken.
I. 
A supervisor shall be responsible to notify the Mayor when an employee is absent due to illness for more than three (3) consecutive work days so the time may be evaluated for family and medical leave status (FMLA). If an employee is taking FMLA medical leave, the employee's accrued sick leave will be debited for the leave taken.
J. 
Sick leave will not accrue if an employee is on an unpaid leave of absence.
K. 
Notice of employee absence due to a non-job-related injury or illness must be given daily by the employee to that employee's immediate supervisor no later than thirty (30) minutes prior to the beginning of the employee's work shift or as may be prescribed by departmental policy. Notification means that the employee must actually speak to his or her immediate supervisor unless emergency conditions arise in which time immediate family members must report the absence. Failure to do so may cause the employee's absence to be charged to leave without pay. Emergency situations which might prevent compliance with the provisions of this paragraph shall be taken into consideration by the Supervisor.
L. 
Human Resources. Supervisors are authorized to undertake any investigations of sick leave claimed by an employee that they may deem necessary or to disapprove any claims not properly substantiated.
M. 
An employee who is released by an examining licensed medical professional to return to regular duty and refuses to report for work or perform his assigned duties is subject to disciplinary action, up to and including termination.
N. 
An employee on disciplinary suspension may not use sick leave for the duration of the disciplinary suspension.
O. 
Accrued sick leave will not be paid to any City employee upon separation from employment with the City.
P. 
An employee who has exhausted all available leave balances may request a leave of absence without pay or family medical leave under the Family Medical Leave Act.
[Ord. No. 545, 3-16-2023]
A. 
Full-time employees who suffer the loss of an immediate family member (spouse, parents, step-parents, children, step-children, foster children, brothers, sisters, parents-in-law, brothers/sisters in-law, grandchildren, grandparents, sons/daughters-in-law, aunts and uncles) will be granted up to three (3) working days of bereavement leave with pay per occurrence. Bereavement leave without pay (although employee will be eligible to uses sick or vacation time) may be granted in the case of the death of other persons. Employees may be authorized to extend their bereavement leave with their own personal sick leave accruals. Supervisors may require satisfactory documentation of eligibility and the relationship of the employee to the deceased (i.e., spouse, parent, sibling, etc.) must be listed on the timesheet.
[Ord. No. 545, 3-16-2023]
A. 
The City encourages all employees to vote. It is the policy of City to comply with all State election law requirements (Section 115.639, RSMo.) with respect to providing employees, where necessary, with time off to vote. If an employee has three (3) consecutive hours either between the opening of the polls in his or her community at the beginning of the workday or between the end of the workday and the closing of the polls, the employee will be deemed to have sufficient time outside his or her normal working hours within that time period to vote. If an employee has less than three (3) consecutive hours, he or she may take off as much working time as will, when added to his or her voting time outside normal working hours, enable such employee to vote. Typically, one (1) hour is given to an employee to vote if normal working hours interfere with the employee voting prior to or after work.
B. 
For non-exempt employees, however, not more than three (3) hours of working time taken shall be paid, and such time shall be taken only at the beginning or end of the employee's workday as designated by the employee's supervisor.
C. 
Employees requiring working time off to vote will be required to notify their supervisor prior to the day of the election when time off to vote will be required.
[Ord. No. 545, 3-16-2023]
A. 
Employees serving in the uniformed services, including the Army, Navy, Marine Corps, Air Force, Coast Guard, National Guard, and Public Health Service Commissioned Corps, as well as the reserve components of each of these services, may take military leave, as needed, to enable them to fulfill their obligations as service members. Employees may use granted military leave, accrued vacation or personal leave for this purpose.
B. 
Employees may receive a leave of absence not to exceed fifteen (15) working days in a Federal fiscal year for participation in annual training in the National Guard or Reserve Armed Forces. A copy of official orders requiring such training must accompany requests for such leave. Employees shall receive their regular compensation for this period of military leave. Such military training leave shall not be deducted from vacation leave unless it exceeds the fifteen (15) day allowance.
C. 
Any full-time employee who applies for, performs or is called for military service shall, upon termination of his active service, be entitled to return to the City service at a level equivalent to the position held on his/her departure. Individuals will be required to return to the City service within thirty (30) days after receiving an honorable discharge from military service.
D. 
The City complies with all requirements of USERRA.
[Ord. No. 545, 3-16-2023]
A. 
As required by the 1978 amendments to Title VII of the Civil Right Act of 1964, pregnancy and pregnancy-related conditions shall be treated the same as any other illness or short-term disability.
B. 
Parental leave may be used in the event of:
1. 
Birth of a child or in order to care for a child (must be taken within twelve (12) months of the birth);
2. 
The adoption or foster care of a child (must be taken within twelve (12) months of the adoption or placement in foster care).
C. 
Maternity/parental leave is unpaid; however, an eligible employee may use accumulated sick leave or vacation time. Maternity/parental leave also qualifies for family medical leave.
[Ord. No. 545, 3-16-2023]
A. 
The City will comply with the Federal Family and Medical Leave Act (FMLA) by providing twelve (12) work weeks of unpaid, job-protected leave to eligible employees. FMLA allows eligible employees up to twelve (12) workweeks of FMLA leave per year if they have worked at least twelve (12) months and have physically worked at least one thousand two hundred fifty (1,250) hours in the twelve (12) months preceding the leave.
B. 
For purposes of calculating FMLA eligibility, the annual period will be twelve (12) months from the date the employee last exercised FMLA benefits. FMLA leave may be used for:
1. 
Employee's own illness; or
2. 
To care for a sick family member (spouse, child, parent, step-parent; but not sibling or parent-in-law); or
3. 
To care for the employees newly born or adopted child; or
4. 
Leave made necessary by a spouse, child, or parent's active duty military service or call-up; or
5. 
To care for a spouse, parent, child, or next-of-kin, who is unable to continue military service due to a serious service-related injury or illness (up to five (5) years from separation from military service).
C. 
FMLA leave is unpaid and seniority and benefits do not accrue during such leave.
D. 
Employee will continue to receive health-care coverage during FMLA leave, but must reimburse the City for the employee's contribution upon returning to work or separating from the City.
E. 
An employee is entitled to a total of twelve workweeks of FMLA-covered leave within a rolling twelve-month period, measured backward from the date of the most recent request for a covered leave of absence. This means that each time an employee requests a leave under the provisions of this policy, the available time for a leave of absence will be the balance of the total twelve (12) workweeks that has not been used during the twelve-month period immediately preceding the commencement of leave. Eligible employees are entitled to take a leave for the following reasons:
1. 
The birth of a child or placement of a child with the employee for adoption or foster care;
2. 
The care for a child, spouse, or parent who has a serious health condition;
3. 
A serious health condition that makes the employee unable to work; and
4. 
Reasons related to a family member's service in the military, including:
a. 
Qualifying exigency leave - leave for certain reasons related to a family member's foreign deployment; and
b. 
Military caregiver leave - leave when a family member is a current servicemember or recent veteran with a serious injury or illness.
F. 
During FMLA leave, the employee must use the employee's accrued sick leave and vacation leave, with any remaining portion of the twelve-week period being unpaid.
G. 
Unused annual leave, compensatory time, and sick leave benefits earned prior to taking unpaid FMLA leave are not lost, but additional benefits do not accrue during unpaid leave.
H. 
To take FMLA leave, you must provide the City with appropriate notice. If you know in advance that you will need FMLA leave, you must notify your supervisor or the Mayor at least thirty (30) days in advance. If you learn of your need for leave less than thirty (30) days in advance, you must give notice as soon as you can (generally either the day you learn of the need or the next work day). When you need FMLA leave unexpectedly (for example, if a family member is injured in an accident), you must inform your supervisor or the Mayor as soon as you can.
[Ord. No. 545, 3-16-2023]
A. 
Purpose. It is the purpose of this policy to establish the authority for temporary transitional duty assignments and procedures for granting temporary transitional duty to eligible employees.
B. 
Policy. Temporary transitional duty assignments, when available, are for employees who, because of injury, illness or disability, are temporarily unable to perform their regular assignments but who are capable of performing alternative assignments. Use of temporary transitional duty can provide employees with an opportunity to remain productive and return to work before they have reached maximum medical improvement. This provides a work option for employees who may otherwise risk their health and safety or the safety of others by remaining on duty when physically or mentally unfit for their regular assignment. Therefore, it is the policy of this City that eligible personnel be given a reasonable opportunity to work in temporary transitional duty assignments where available and consistent with this policy.
C. 
Definitions. As used in this Section, the following terms shall have the meanings indicated:
ELIGIBLE PERSONNEL
For purposes of this policy, any employee suffering from medically certified illness, injury or disability requiring the treatment of a licensed health-care provider and who, because of injury, illness or disability, is temporarily unable to perform the regular assignment but is capable of performing temporary alternative assignments.
MAXIMUM MEDICAL IMPROVEMENT
The point at which an injured employee has received the maximum therapeutic benefit from medical treatment.
D. 
Procedures.
1. 
General Provisions.
a. 
Temporary transitional duty positions are limited in number and variety; therefore:
(1) 
Personally injured or otherwise disabled in the course and scope of employment shall be given preference in initial assignment to transitional duty; and
(2) 
Assignments may be changed at any time if deemed in the best interest of the employee or the City while keeping within the medical restrictions; and
(3) 
Eligibility to participate in the program will cease when the employee has reached maximum medical improvement.
2. 
This policy in no way affects the privileges of employees under provisions of the Family and Medical Leave Act, Fair Labor Standards Act, Americans with Disabilities Act, or other Federal or State law.
3. 
No specific position within this City shall be established for use as a temporary transitional duty assignment, nor shall any existing position be designated or utilized exclusively for personnel on temporary transitional duty.
4. 
Transitional duty assignments are strictly temporary and normally should not exceed ninety (90) days in duration. After ninety (90) days, personnel on temporary transitional duty who are not capable of returning to their original duty assignment shall:
a. 
Present a request for an extension of temporary transitional duty (not to exceed an additional ninety (90) days), with supporting documentation, to the program coordinator; or
b. 
Pursue other options as provided by employment provisions of this City or Federal or State law.
5. 
Law Enforcement Personnel on temporary transitional duty are prohibited from engaging in outside employment in which they may reasonably be expected to perform law enforcement functions for which they have been determined physically or mentally unable to perform on behalf of this City and that forms the basis for their temporary transitional duty assignment.
6. 
Depending upon the nature and extent of the disability, Law Enforcement Personnel on temporary transitional duty may be prohibited or restricted from wearing the departmental uniform, carrying the service weapon or otherwise limited in employing police powers as determined by the agency chief executive so long as such limitation is consistent with the provisions of Subsections (E) and (F) of this policy.
7. 
Transitional duty assignments shall not be made for disciplinary purposes.
8. 
Employees may not refuse temporary transitional duty assignments that are supported by and consistent with the recommendations of a City selected physician. The City may interpret failure to accept and perform transitional duty work as a resignation, unless the employee has pursued other options as provided by the employment provisions of this City or Federal or State law.
a. 
When an employee has reached maximum medical improvement as determined by a City-selected physician, an assessment by the personnel authority will be made regarding the employee's ability to perform regular job duties or the duties of a different job with or without a reasonable accommodation.
E. 
Temporary Transitional Duty Assignments.
1. 
Temporary transitional duty assignments may be drawn from a range of areas that include but are not limited to the following:
a. 
Administrative projects (e.g., report review, special projects);
b. 
Clerical functions (e.g., filing,);
c. 
Desk assignments (e.g., booking officer, bookkeeping);
d. 
Communications (e.g., complaint taker);
e. 
Inspections (e.g., sidewalks, street signs, buildings, equipment);
f. 
Updating (e.g., MSDS at various locations);
g. 
Painting (e.g., fire hydrants, park benches and equipment);
h. 
Community relations (e.g., police and fire community awareness visits); and
i. 
Volunteer work at City-supported charities (e.g., United Way, senior centers).
2. 
This City's personnel authority shall maintain an inventory of available job assignments that may be used for temporary transitional duty.
3. 
In addition to considerations included in Section 117.510(B) and (D)(1) of this policy, decisions on temporary transitional duty assignments shall be made based upon the availability of an appropriate assignment given the applicant's knowledge, skills and abilities; availability of transitional duty assignments; and the physical limitations imposed on the employee by the City-selected physician.
4. 
Every effort shall be made to assign employees to positions consistent with their position and pay classification. However, where deemed appropriate, personnel may be assigned to positions within other departments and positions designated for personnel of lower rank or pay classification. Employees thus assigned shall:
a. 
Retain the privileges of their rank but shall answer to the supervisor of the unit to which they are assigned with regard to work responsibilities and performance; and
b. 
Retain the pay classification and related benefits of the position held prior to their assignment to temporary transitional duty as controlled by the employment provisions of the City.
c. 
For work-related accidents, if the employee is not retained at the same the pay classification of the position held prior to their assignment to transitional duty, workers' compensation temporary partial disability benefits may be available.
F. 
For work-related accidents in which the employee is not immediately released to return to normal duty the following shall apply:
1. 
Immediately following treatment, the employee should report to his/her supervisor their condition and return to work status.
2. 
At the earliest possible opportunity, the program coordinator will discuss the case with the physician concerning the course and scope of the treatment and the ability of the employee to perform transitional duty. The program coordinator will then discuss with the supervisor the employee's transitional duty assignment.
3. 
Within the first three (3) days following an accident the supervisor shall contact the employee and inquire into the employee's ability to return to work.
4. 
If the employee has not returned to work after three (3) days then the program coordinator shall call the doctor and the employee to check the employee's transitional duty status.
5. 
If the employee is not able to return to work after three (3) days then the employee shall call the program coordinator to discuss the employee's transitional duty status and present the work status report provided by the treating physician, immediately following each doctor's appointment.
6. 
If it is determined that the employee may be medically able to perform transitional duty, the essential functions of the transitional duty shall be identified by the supervisor and reviewed with the employee.
G. 
Requests for and Assignment to Temporary Transitional Duty for Non-Work Conditions.
1. 
Requests for temporary transitional duty assignments shall be submitted to the employee's immediate supervisor. Requests must be accompanied by a statement of medical certification to support a requested reassignment, which must be signed by the treating physician. The certificate must include an assessment of the nature and probable duration of the disability, prognosis for recovery, nature of work restrictions and an acknowledgment by the health-care provider of familiarity with the transitional duty assignment and the fact that the employee can physically assume the duties involved.
2. 
The request for temporary transitional duty and the physician's statement shall be forwarded to the City's designated personnel authority, who shall make a recommendation regarding the assignment to the chief executive officer or his/her designate.
a. 
This City may require the employee to submit to an independent medical examination by a physician of the City's choosing. In the event the opinion of this City-selected physician differs from the foregoing health provider, the employee may request a third opinion at the employer's expense.
b. 
The employee and representatives of the City shall cooperate and act in good faith in selecting any third health-care provider, and both parties shall be bound by that medical decision.
3. 
An employee who has not requested temporary transitional duty may be recommended for such assignment by submission of a request from the employee's immediate supervisor. Such a request must be accompanied by an evaluation of the employee conducted by a competent medical authority expressing the need for temporary transitional duty or by a request/order for a medical or psychological fitness-for-duty examination.
a. 
Notice shall be provided to the employee of the proposed temporary transitional duty assignment together with justification for the recommendation.
b. 
The employee may challenge the proposed reassignment using established City grievance procedures.
c. 
Pending results of a grievance procedure, an employee may be reassigned if, in the opinion of the City's chief executive officer, failure to reassign may jeopardize the safety or health of the employee, other employees or the public.
4. 
As a condition of continued assignment to temporary transitional duty, employees shall be required to submit to periodic physical assessments of their condition as specified by the personnel authority.
[Ord. No. 545, 3-16-2023]
A. 
An employee who is a victim of domestic or sexual violence or a family or household member who is a victim of domestic or sexual violence whose interests are not adverse to the employee as it relates to the domestic or sexual violence may take unpaid leave from work to address such violence by:
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. 
Definitions. As used in this Section, the following terms shall have the meanings indicated:
ABUSE
Any physical injury, sexual abuse, or emotional abuse inflicted on a child other than by accidental means by those responsible for the child's care, custody, and control, except that discipline including spanking, administered in a reasonable manner, shall not be construed to be abuse. Victims of abuse shall also include any victims of sex trafficking or severe forms of trafficking as those terms are defined in 22 U.S.C. § 7102(9)-(10).
DOMESTIC VIOLENCE
Abuse or stalking committed by a family or household member.
FAMILY OR HOUSEHOLD MEMBER
For employees with a family or household member who is a victim of domestic or sexual violence, a spouse, parent, son, daughter, other person related by blood or by present or prior marriage, other person who shares a relationship through a son or daughter, and persons jointly residing in the same household.
REASONABLE SAFETY ACCOMMODATION
An adjustment to a job structure, workplace facility, or work requirement, including a transfer, reassignment, modified schedule, leave, a changed telephone number or seating assignment, installation of a lock, implementation of a safety procedure, or assistance in documenting domestic violence that occurs at the workplace or in work-related settings, in response to actual or threatened domestic violence. Any exigent circumstances or danger facing the employee or his or her family or household member shall be considered in determining whether the accommodation is reasonable.
SEXUAL ASSAULT
Causing or attempting to cause another to engage involuntarily in any sexual act by force, threat of force, duress, or without that person's consent.
SEXUAL VIOLENCE
A sexual assault and trafficking for the purposes of sexual exploitation.
TRAFFICKING FOR THE PURPOSES OF SEXUAL EXPLOITATION
When a person knowingly recruits, entices, harbors, transports, provides, advertises the availability of or obtains by any means, including but not limited to through the use of force, abduction, coercion, fraud, deception, blackmail, or causing or threatening to cause financial harm, another person for the use or employment of such person in a commercial sex act, sexual conduct, a sexual performance, or the production of explicit sexual material as defined in Section 573.010, RSMo., without his or her consent, or benefits, financially or by receiving anything of value, from participation in such activities.
VICTIM OF DOMESTIC OR SEXUAL VIOLENCE
An individual who has been subjected to domestic violence, sexual violence, or abuse.
WORKWEEK
An individual employee's standard workweek.
C. 
Leave Time.
1. 
Employees are eligible to take unpaid leave if: (1) they are victims of domestic or sexual violence; or (2) they have a family or household member who is a victim of domestic or sexual violence. Employee will be required to provide employee's supervisor with certification (described in Subsection (E) below) of the need to take leave under this Section.
2. 
The leave time stated above cannot extend the twelve (12) workweeks allowed under the Family Medical Leave Act.
3. 
Leave time can be taken intermittently or on a reduced work schedule basis.
4. 
City shall maintain coverage for the employee and any family or household member under any group health plan for the duration of the leave and at the level and under the conditions coverage would have been provided if the employee had not taken leave. If the employee fails to return from leave after the period of leave has expired for a reason other than the continuation, recurrence, or onset of domestic violence, sexual violence, abuse, sexual assault, or human trafficking, the City may recover from the employee the premium that the City paid for maintaining any group health plan while employee was on leave. If the employee fails to return to work for the reasons listed above, employee is required to provide the employee's supervisor with a certification and documentation as set forth in Subsection (E) below.
5. 
Employee is entitled, on return from the leave, to be restored to the position employee held prior to when the leave commenced or an equivalent position with equivalent employment benefits, pay and other terms and conditions of employment.
6. 
The City may require that employee provide periodic updates to the employee's supervisor on the status and intention of the employee to return to work while on leave.
D. 
Process to Take Leave.
1. 
Employee shall provide employee's supervisor with at least forty-eight (48) hours' advance notice of the employee's intent to take leave under Section 117.520, unless providing such notice is not practicable.
2. 
If an unscheduled absence occurs, the City will not take action against the employee if the employee provides certification pursuant to Subsection (E) below within forty-eight (48) hours of the unscheduled absence or such other time period that the City deems reasonable.
E. 
Certification. The employee must provide the employee's supervisor with a sworn statement that either: (1) employee is a victim of domestic or sexual violence; or (2) employee's family or household member is a victim of domestic or sexual violence. The sworn statement must be accompanied by one (1) or more of the following:
1. 
Documentation from an employee, agent, or volunteer of a victim services organization, an attorney, a member of the clergy, or a medical or other professional from whom the employee or the employee's family or household member has sought assistance in addressing domestic violence or sexual violence and the effects of such violence;
2. 
A police or court record of the domestic or sexual violence; or
3. 
Other corroborating evidence.
F. 
Confidentiality. All information provided to the City, including the employee's sworn statement and certification documents, and the fact that the employee requested leave under this Section shall be retained by the City in the strictest confidence, except to the extent that disclosure is requested or consented to in writing by the employee or by applicable Federal or State law.
G. 
Reasonable Accommodations. The City shall make reasonable safety accommodations, in a timely manner, to the known limitations resulting from circumstances relating to being a victim of domestic or sexual violence or a family or household member being a victim of domestic or sexual violence. If the accommodation would impose an undue hardship on the operation of the City, then the City shall not be required to provide said accommodation upon demonstrating the undue hardship.
(NOTE: A notice summarizing the requirements of the Victim's Economic Safety and Security Act must be delivered to all employees no later than October 27, 2021. Such notice may be in electronic form. In addition, the City must post the notice in a place where employees will see it, such as a breakroom, etc.).
[Ord. No. 545, 3-16-2023]
Employees serving on jury duty will be paid their normal daily salary, minus monies paid to the employee by the court.