[Amended 10-17-2013 by L.L. No. 3-2013]
It is the policy of the Town of Greenville that
the particular work schedule in each department may vary, depending
upon the particular needs and requirements of the department. Town
buildings and facilities shall remain open during all normal business
hours. Each department head must provide the normal operating hours
and work schedules of his or her respective departments to the Town
Board. Any change in the normal operating hours or work schedules
must be provided to the Town Board by the department head.
Flextime is governed by the mutual needs and
consent of the department head and the employee. Flextime generally
consists of core time, during which the department is open and available
to the public, and flexible time, when the hours of starting and finishing
work may be requested by the employee and approved by the department
head. The Town Board and Town Supervisor shall be notified by a department
head when flextime schedules are instituted in his or her department.
[Amended 10-17-2013 by L.L. No. 3-2013; 3-5-2020 by L.L. No. 1-2020]
During periods of inclement weather and other
emergencies, the Town Supervisor will contact the Highway Superintendent
and Town Board for early dismissal of employees and closing of Town
Hall.
[Amended 10-17-2013 by L.L. No. 3-2013]
Employees who work a minimum of six hours per
day are allowed a paid meal break period of up to 30 minutes. The
department head in accordance with the needs and requirements of each
department must approve meal break periods; however, meal breaks should
generally be taken between the hours of noon to 1:00 p.m. When necessary,
the duration and times of meal breaks may be changed. Employees may
not leave early or extend meal breaks beyond their assigned period.
Employees may be subject to disciplinary action, in accordance with
§ 75 of the Civil Service Law, if the policy regarding meal
breaks is not followed. This section shall not apply to union employees
whose meal breaks are outlined in the union contract.
Employees are expected to report to work on
time each day. Chronic absenteeism and tardiness is not acceptable
and may be cause for disciplinary action, up to and including dismissal,
in accordance with the collective bargaining agreement or § 75
of the Civil Service Law, whichever is applicable. Employees who are
going to be absent or late must notify their supervisor at least 15
minutes before the scheduled starting time. If the supervisor is not
available, the employee must leave a message with another employee
of the department or the Town Supervisor's office.
A.
Military leave. This subsection refers only to an
employee's paid leave for military service under New York State law
and does not affect an employee's entitlement to leave needed for
military service under federal statute. The Town of Greenville recognizes
the importance of the military reserve and National Guard and will
permit any employee (full- or part-time) the use of military leave
to participate in annual encampment or training duty. The Town will
grant such leave with pay for up to 22 working days or 30 calendar
days in a calendar year, whichever is greater. Such military leave
beyond the 22 working days or 30 calendar days in a calendar year
will be unpaid; however, accumulated vacation or compensatory time
can be used for any time during the leave at the employee's option.
In accordance with applicable New York State law, employees are allowed
to keep all pay they receive for military service.
B.
Military leave of absence. A military leave of absence
(without pay) for a period of up to the federal statutory limits will
be granted to an employee to enable him/her to serve in any of the
uniformed services of the United States. An employee's accumulated
vacation or compensatory time can be used for any time during the
military leave of absence at the employee's option.
Full-time employees will be paid the difference
between their base wage and the amount received for jury service,
limited to not more than 15 days' pay in one year.
A.
The Town of Greenville complies with the provisions
of the Family and Medical Leave Act (FMLA). The FMLA gives eligible
employees, as defined hereinbelow, the right to a maximum of 12 workweeks
(defined by employee's normal workweek) of job-protected unpaid leave,
based on a rolling twelve-month period measured forward from the first
date the leave is used. Eligible employees will be afforded leave
under the FMLA under the following circumstances:
(1)
Upon the birth of the employee's child and to care
for the newborn child;
(2)
Upon the placement of a child with the employee for
adoption or foster care and to care for the newly placed child; or
(3)
To care for the employee's own serious health condition
which makes the employee unable to perform one or more of the essential
functions of his or her job.
B.
At the conclusion of the leave, the employee, provided
that he or she returns to work immediately following such leave, will
be restored to the position he or she held when the leave began or
to an equivalent position with equivalent benefits, pay and working
conditions.
C.
Eligibility.
(1)
An "eligible employee" is defined as an employee of
the Town of Greenville for at least 12 months before the leave request
(these need not be consecutive) who has worked for at least 1,250
hours during the previous 52 weeks prior to the date leave commences.
D.
FAMILY MEMBER
(1)
(2)
(3)
HEALTH CARE PROVIDER
SERIOUS HEALTH CONDITION
(1)
(2)
(a)
(b)
(c)
(d)
(e)
Definitions.
Defined by FMLA regulations as:
SPOUSEA husband or wife as defined or recognized under state law for purpose of marriage in the state where the employee resides;
SON or DAUGHTERA biological, adopted or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is either under age 18 or ace 18 or older and incapable of self-care because of a mental or physical disability. Persons who are in loco parentis include those with day-to-day responsibilities to care for and financially support a child or, in the case of an employee, who had such responsibility for the employee when the employee was a child. A biological or legal relationship is not necessary.
Defined by FMLA regulations as:
Defined by FMLA regulations as an illness, injury, impairment
or physical or mental condition that involves:
In-patient care in a hospital, hospice or residential
medical care facility or any subsequent treatment in connection with
such treatment; or
Continuing treatment by a health care provider.
This includes any one of the following:
A period of incapacity of more than three consecutive
calendar days that also involves continuing treatment by a health
care provider;
A period of incapacity due to pregnancy or prenatal
care;
A period of incapacity or treatment for such
incapacity due to a chronic serious health condition;
A period of incapacity which is permanent or
long-term due to a condition for which treatment may not be effective;
or
A period of absence to receive multiple treatments
(including any period of recovery therefrom) by a health care provider
or by a provider of health care services under orders of, or on referral
by, a health care provider, either for restorative surgery after an
accident or other injury or for a condition that would likely result
in a period of incapacity of more than three consecutive calendar
days in the absence of medical intervention or treatment.
E.
FMLA procedures.
(1)
Notification requirements. Unless there are unusual
circumstances, such as sudden changes in health, all employees must
give a thirty-day or more notice of their intent to take a leave under
the FMLA. All employees must maintain contact with their department
head to continually update their status as it relates to eligibility.
(2)
All requests for participation in the FMLA procedures
must be made through the employee's department head. The employee
and department head must complete the Family and Medical Leave Act
request form and forward the completed form to the Town Supervisor
for review.
(3)
Workers' compensation and disability. All leaves taken
under workers' compensation and disability may invoke the FMLA if
the employee meets the eligibility criteria.
(4)
Medical certification. A medical certification issued
by a health care provider shall be required to support an employee's
request for a leave. When required, the employee must provide a copy
before the leave begins, or if the leave was unforeseeable, 15 calendar
days from the date the leave was requested. Failure to submit the
medical certification form may jeopardize the employee's rights under
the FMLA to items such as health and dental insurance and job restoration.
The medical certification must include:
(a)
The date the medical condition began;
(b)
The probable duration of the medical condition;
(c)
Appropriate medical facts; and
(d)
An assertion that the employee is unable to
perform his/her essential job functions or that the employee is needed
to care for a sick family member for a specified period of time.
(5)
The Town of Greenville reserves the right to request
a second opinion by another health care provider designated or approved
by the employee. The Town of Greenville shall pay for the second opinion
which shall be rendered by a health care provider other than one used
on a regular basis by the Town of Greenville. In the event that a
conflict occurs between the first and second opinion, the Town of
Greenville may, again at its own expense, obtain a third opinion from
a health care provider approved jointly by the Town of Greenville
and the employee. This third opinion shall be final and binding.
(6)
Certification for adoption/foster care. Proper certification
from the appropriate agency will be required for leaves requested
for the adoption or foster care of a child.
F.
Impact of employee benefits during family and medical
leave.
(1)
Accrued paid vacation, personal and compensatory time
must be used first and are part of the family leave. Accrued paid
sick leave must be used first for leaves taken due to the employee's
own serious health condition. The use of the above accrued paid days
does not apply to workers' compensation or disability. The remaining
days of a qualified FMLA leave shall be unpaid.
(2)
Accrued paid time off, such as vacation, personal
and sick days, shall not accumulate while on family and medical leave.
In addition, an employee shall not be paid for any holidays that may
occur while on family and medical leave.
(3)
During the leave period, the Town of Greenville shall
continue employee benefits such as health and dental insurance. However,
all employee contributions must be paid by the employee on a timely
basis in order to maintain the continuous coverage of benefits. Contributions
are to be made within a thirty-day grace period of the due date. Premium
payments or policy coverage are subject to change.
(4)
If an employee fails to return to work after the leave
period has expired, the Town of Greenville may recover the premium
that it paid for maintaining the coverage during any period of the
unpaid leave except under the following circumstances:
(a)
The continuation, recurrence or onset of a serious
health condition of the employee or the employee's family member with
proper medical certification; or
(b)
Circumstances beyond the employee's control,
including but not limited to the following situations:
[1]
A parent who chooses to stay home with a newborn
child who has a serious health condition;
[2]
An employee's spouse is unexpectedly transferred
to a job location more than 75 miles from the employee's work site;
[3]
A relative or individual other than an immediate
family member has a serious health condition and the employee is needed
to provide care; or
[4]
The employee is laid off while on leave.
(5)
Each individual circumstance of an employee not returning
to work at the end of a qualified family and medical leave will be
reviewed based on the then current FMLA regulations.
G.
Employment restrictions during family and medical
leave. An employee may not be employed by another employer during
the same hours that he or she was normally scheduled to work for the
Town of Greenville, while on an approved FMLA leave.
H.
Return to work.
(1)
Before resuming employment, the employee must submit
a statement from his or her health care provider indicating whether
he or she can return to work, with or without restrictions. Failure
to return to work when required may be considered a voluntary termination.
(2)
An employee who wishes to return to work earlier than
anticipated or, conversely, wishes an extension of the leave previously
requested, must notify the Town of Greenville within two business
days from the date the change occurred which necessitates the change
in leave time. An extension of the leave beyond the 12 weeks and up
to a maximum of an additional 24 weeks shall be at the discretion
of the Town Board.
While it is not the Town's intention to dictate
the personal wardrobe of its workforce, the appearance and dress of
employees are important in creating a favorable image supportive of
the public confidence. In general, employees are encouraged to maintain
their personal appearance in a manner which will reflect a good image
to the public. Certain clothing, such as sandals, suggestive attire
and lounging wear, are not permitted as they do not present a businesslike
image. In addition, all safety clothing must be worn by those employees
required to do so by departmental rules.
The following smoking policy applies to all
Town employees and officials:
A.
In order to achieve the Town's goal of effective public
service, it is important to maintain good relations with the residents
of the Town, and the following guidelines are hereby issued regarding
telephone use:
(1)
During office hours, be sure someone is always in
your office to answer the telephone. If your department has a limited
staff, make arrangements with another department for telephone coverage
or make sure an answering device is in operation.
(2)
Answer promptly, speaking in a clear, friendly and
courteous tone.
(3)
Identify your office and yourself. If a call is not
for you, be sure to transfer the caller to the correct party. As no
central telephone operator exists, all departments share equally in
answering and directing calls to the correct departments.
(4)
If you must hold a call, return to the line frequently
so the caller will not think she/he has been forgotten.
B.
The following restrictions are hereby imposed upon
telephone use:
(1)
Personal long distance calls by employees are prohibited
except in time of emergency and/or approved by the department head
or Supervisor.
[Amended 10-17-2013 by L.L. No. 3-2013]
(2)
Employees are prohibited from accepting collect calls
without the approval of the department head or supervisor.
(3)
Employees are limited in the personal use of Town
telephones except in the case of emergencies or to check briefly on
family matters.
(4)
Town-owned computers and fax machines are for Town-related business
only. Use for personal purposes, including personal gain, is strictly
prohibited.
[Added 10-17-2013 by L.L. No. 3-2013]
Employees are expected to perform work only
for the Town during the work shift. Any employee who performs unauthorized
work, claims that Town work has been done when such is not the case
or performs any act of fraud or deceit will be subject to disciplinary
action, up to and including dismissal, in accordance with the applicable
collective bargaining agreement or § 75 of the Civil Service
Law.
This policy applies to all employees who use
a Town vehicle to conduct business on behalf of the Town.
A.
Policy statement. All vehicles and related equipment
of the Town of Greenville are owned and maintained for the purpose
of conducting official business of the Town of Greenville for the
public benefit of the people of Greenville. Said vehicles and equipment
shall never be used for personal, private gain of any official or
employee of the Town of Greenville nor for any other purpose which
is not in the general public interest, except where authorized by
state law.
B.
Standards. For the purpose of compliance with this
policy, the following standards shall be met at all times:
(1)
Town vehicles and related equipment shall remain under
the general administrative jurisdiction and direction of the head
of the department to which it is assigned.
(2)
Vehicles shall be assigned to specific Town officials
and employees for specific purposes and tasks. Said vehicles shall
not be used for any unauthorized purpose nor to conduct personal,
private or non-Town-related business.
(3)
Vehicles shall always be operated in a safe and responsible
manner and in compliance with all applicable traffic laws in effect.
Any accident or vehicle damage, regardless of severity, shall be reported
immediately to the Town Supervisor. In addition, an accident report
shall be filed with the Town Supervisor's office by the applicable
department head within 24 hours.
(4)
Vehicles shall not be used to transport persons who
are not officials or employees of the Town of Greenville (except police
transport of prisoners or witnesses) nor material not related to the
conduct of official Town business without direct authorization by
the applicable department head or the Town Board.
(5)
Vehicles shall always be maintained in a safe and
secure condition when not in use, including locked and/or under direct
observation, and all keys maintained under controlled and authorized
jurisdiction of the applicable department head.
(6)
The interior of all vehicles shall be maintained.
The operator is responsible for the cleanliness of the interior after
usage and shall notify the department head if exterior cleaning is
required.
(7)
Prior to usage, operators shall conduct a safety check,
including fluid levels and complete checklists. Complete checklists
are to be signed by the operator and submitted to the department head
who will maintain said checklists for one year.
(8)
The operator shall complete a vehicle log.
(9)
Out-of-Town travel shall require prior Town Board
approval, either on a case-by-case basis or as a blanket approval
for specified purposes.
(10)
No advertisements, signs, bumper stickers or other
markings of a political or commercial nature shall be displayed on
Town vehicles at any time except those of a limited public/community
service nature which have been authorized by the Town Board.
C.
Defensive driving. It is the policy of the Town to
encourage defensive driving. A good defensive driver must anticipate
the incorrect actions of pedestrians and other motorists and be alert
for the unexpected. He must adjust to variables such as lighting,
weather, road and traffic conditions. Adherence to the following suggestions
will contribute to sound defensive driving tactics:
(1)
Obey traffic laws.
(2)
Drive with common sense and courtesy.
(3)
Always keep your eyes moving, use your mirrors, aim
high in steering and be aware of the total traffic environment.
(4)
When stopping on a highway, attempt to get all four
wheels off the roadway.
(5)
Adjust your speed to traffic, visibility and weather
conditions. Rain can induce hydroplaning and new rain can create an
oil slick on the roadway.
(6)
Be prepared to take evasive action.
(7)
Follow at a safe distance and be ready for sudden
stops by other vehicles.
(8)
Always signal your intentions to other drivers.
(9)
Prepare early for turns and move into the proper lane.
(10)
When braking, consider the vehicles behind you. Slow
down gradually. Lightly tap the brake to warn them that you are slowing
or stopping.
(11)
Until they clearly indicate otherwise, assume that
other users of the highway do not see you and will not yield to you.
(12)
When stopped for a left turn, keep your wheels straight
until you start your turn, otherwise a collision to your rear may
force you into opposing traffic.
(13)
Watch for indications of parked cars pulling into
your path.
It is the policy of the Town that certain rules
and regulations regarding employee behavior are necessary for the
efficient operation of the Town's government and for the benefit and
safety of all employees. Conduct that interferes with operations,
that discredits the Town or that is offensive to residents or coworkers
will not be tolerated. Employees are expected at all times to conduct
themselves in a positive manner so as to promote the best interests
of the Town. In addition to violations of the policies, procedures,
rules and regulations outlined in this chapter or established by individual
departments, the following, not meant to be all inclusive, are job-related
actions that may result in disciplinary action, up to and including
dismissal, in accordance with the applicable collective bargaining
agreement or, for nonunion employees, Civil Service Law, § 75:
A.
Falsification of any records or reports pertaining
to but not limited to the following: employment application, medical
reports, production records, time records, shipping or receiving records,
absence from work, injuries on the job and claims for benefits provided
by the Town.
B.
Threatening, intimidating, coercing, assaulting, fighting
or interfering with coworkers, supervisors, department heads or residents.
C.
Engaging in any form of harassment, including sexual
harassment.
D.
Improper performance of job duties or repeated failure
to perform all duties assigned.
E.
Refusal to obey instructions of supervisor or department
head or any other form of insubordination.
F.
Careless or negligent use or operation of Town equipment
and vehicles.
G.
Willful or deliberate abuse, destruction, defacement,
misuse or theft of Town property or removal of Town property.
H.
Gambling on Town property.
I.
Unauthorized sleeping on the job.
J.
Violation and/or disregard of safety rules or safety
practices.
K.
Failure to wear assigned safety clothing or equipment.
L.
Failure to adhere to personal appearance/dress code
policy.
M.
Repeated violations of Town policies, procedures or
rules of conduct.
N.
Leaving work area without permission, as defined by
the department head.
O.
Habitual tardiness and/or absences.
P.
Unauthorized absences/repeated failure to notify employer.
Q.
Possessing or using controlled substances or alcohol
while on Town property or in the performance of Town duties.
R.
Possession of illegal and/or unlicensed firearms or
explosives on Town property or in Town vehicles or during the performance
of Town duties.
S.
Acts of sabotage.
T.
Unauthorized solicitations of coworkers by Town employees
during working hours.
The Town of Greenville is not responsible for
the personal belongings of its employees. The Town requests that employees
leave their personal valuables at home. Employees bringing personal
belongings to the work site do so at their own risk and must take
full responsibility for such belongings should they become lost or
damaged.
A.
Bulletin board. Bulletin boards are located throughout
Town buildings for communicating information to employees. Employees
should routinely check the bulletin boards to keep informed of changes
in employment matters and other items of interest. No memos or announcements
can be posted by employees without prior approval from the department
head.
B.
Adverse correspondence. Any memos, fax messages, letters,
telegrams, legal notices, summons or other forms of communication
of a negative or threatening nature to the Town of Greenville are
to be immediately given by employees to their department head.
C.
Complaints from residents. Employees receiving complaints
from Town residents of unfair treatment or expression of anger and/or
dissatisfaction are to notify their department head, who will in turn
notify the Town Supervisor. Any employee who is subjected to or witnesses
abusive or threatening behavior should immediately notify a department
head or, if the subject behavior is causing a public disturbance or
constitutes harassment as defined in the New York Penal Law, the employee
should notify the police.
D.
Public relations. The courteous, professional treatment
of members of the public by all employees helps to build confidence
among the taxpayers we serve. The Town requires that all of its employees
make every effort to represent the Town in a polite and professional
manner.
