HomeMy Public PortalAboutORD15229 SUBSTITUTE
BILL NO. 2013-132
SPONSORED BY COUNCILWOMAN Tergin
ORDINANCE NO. I
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE
PERSONNEL POLICY MANUAL BY AMENDING ARTICLE 12 (VACATION LEAVE),
AND CREATING A NEW SECTION 14-14 (SHARED LEAVE) TO ASSIST
EMPLOYEES WITH SERIOUS HEALTH CONDITIONS OR EVENTS.
BE IT ENACTED BY THE COUNCIL OF THE City OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. Article 14 (special leave) is hereby amended by the addition of a new
Section 14 (Shared Leave) as follows:
Sec. 14-14. Shared leave.
(a) Definitions.
1. Eligible employee. Any employee, whether full time or part time, who is benefit
eligible for health insurance, who has experienced a qualifying event and has
exhausted all accrued vacation and sick leave.
2. Qualifying event. A major medical treatment or serious health condition, for an
eligible employee, their spouse, or their children, based upon the documentation
provided by the employee's licensed healthcare provider that the employee (or if
applicable their spouse, or their children) suffer from an illness, injury, or impairment
(physical or mental) which requires continuing treatment/supervision by a healthcare
provider and which is likely to cause the employee to take a prolonged leave without
PAL
2.1.1. The following conditions shall not be considered a qualifying event: treatment
or conditions due to intentionally self-inflicted iniuries; a war, declared or
undeclared, or any act of war; the active participation in a riot, rebellion, or
insurrection; or the employee's committing or attempting to commit an
assault,felony,serious misdemeanor, or other illegal act.
(b) Purpose. The purpose of shared leave is to provide a safety net against salary interruption for
eligible employees who have a qualifying event causing them to be unable to perform their
assigned job duties. Donations of leave hours by employees provide income to an affected
eligible employee who would otherwise be on unpaid leave.The purpose is not to provide
unlimited leave for any medical reason. Shared leave shall be in addition to any other benefit
and may be used to supplement special circumstances leave.
(c) Procedure.
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1. Donation. Employees may voluntarily donate accrued vacation, in whole hours to a
shared leave pool,which shall be managed by the City Administrator or his designee.
1.1 Such donations shall be placed into an account within the budget (which shall
carry over from year to year) based upon the dollar value of the donated vacation.
1.2 Such donations shall be removed from the benefit account of the employee
donating the vacation leave.
1.3 Employees who wish to donate leave may do so on a form promulgated by the
City Administrator or designee.
1.4 Donations may be made between October 1 and October 15`h 31 of each year or
any time period opened by the City Administrator based upon need.
1.5 Donations may be made only if the donation will not reduce the donating
employee's combined sick or vacation leave to less than 180 hours.
2. Application. Eligible employees (or someone on their behalf) who have a qualifying
event may apply to be granted additional vacation hours from the shared leave pool,
on a form promulgated by the City. The application may include reasonable
requirements for application. Such application may be made up to thirty (30) days in
advance if the need is known.
3. Approval. The City Administrator after consultation with Department Directors shall
determine if the employee qualifies for Shared Leave and notify the employee.
4. Implementation. If the City Administrator determines the employee is eligible for
Shared Leave, he or she shall authorize the transfer of hours from the Shared Leave
Pool to the employee's leave balance. The employee's time sheet should be
submitted with hours designated as Shared Leave at the recipient employee's rate of
pay. Shared Leave time may not be recorded for payroll purposes until the
application has been approved.
(d) Use of shared leave pool/limitations on use
1. No Shared Leave shall be granted to a person if the payment results in overtime.
2. No shared leave shall be awarded before the expiration of 30 days since the date of
the qualifying event.
3. Comp Time shall not be donated to the Shared Leave Pool.
4. Employees eligible for utilization of the Shared Leave Pool must apply for FMLA leave
in conjunction with leave used from the pool.
5. Benefits shall cease upon the following conditions:
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5.1.The employee becomes eligible for long term disability.
5.2.The employee becomes capable of returning to work.
5.3.The employee(or someone on their behalf) makes application for workers
compensation benefits resulting from or related to the qualifying event or
receives any such workers compensation benefit.
5.4.The employee ceases to be under the regular and continuing care of a physician
providing appropriate treatment by means of examination and testing in
accordance with the employee's condition.
5.5.The employee does not submit to any medical examination requested by the City.
5.6.The employee engages in any occupation or employment for wage or profit other
than with the City.
5.7.The employee receives social security disability.
5.8.The employee becomes eligible for LAGERS retirement.
5.9.The employee passes away.
5.10. If the qualifying event results from a major medical treatment or serious
health condition to a spouse or child then the term employee as used in 5.2
through 5.9 shall apply to the affected spouse or child.
5.11. If the qualifying event results from a major medical treatment or serious
health condition to a spouse or child then benefits shall cease after the expiration
of 90 days after the qualifying event.
6. Intermittent use of shared leave.
5.1 Employees receiving a medical release for return to work on a part-time basis
(i.e.,fewer hours per day per week than the regular work schedule), may continue
to use donated Shared Leave for the balance of the regular work schedule until
medically released for full duty.
5.2 If intermittent treatment is required, unused approved Shared Leave benefits may
be provided on an as-needed basis until the employee has been approved by their
attending physician to return to work full-time.
7. If an employee earns additional leave benefits while drawing from the Shared Leave
Pool,the employee must use those hours before additional Shared Leave Pool hours
are used.
8. The City Administrator may make deviations from the strict letter of this policy for
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good cause shown.
Section 2. Article 12 (Vacation Leave) is hereby amended as follows:
Section 12-2. Accrual.
(a) Employees may accrue vacation leave to a maximum of 240 hours, except personnel who
are FLSA exempt may accrue vacation leave to a maximum of 360 hours, and members of the fire
department may accrue a maximum of 339.5 hours or double the annual accrual rate. It is the general
policy not to reimburse individuals for accrual of vacation time beyond their eligible amount. Payment
for excessive accruals which cannot be taken as time off may only be paid with substantive reason at the
request of the department director and approval of the City Administrator. Vacation leave shall not
accrue while the employee is absent from work without pay or is receiving benefits from LAGERS, long
term disability insurance, or Workers' Compensation.
(b) If an employee leaves city employment and is re-employed any time after a period of six
months, vacation is considered as for any new employee. Otherwise, the employee may accrue vacation
commensurate with total years of service.
(c) Vacation leave shall continue to accrue until November 1"of each year at which time any
vacation accrued in excess of maximum periods shall be removed from the employee's account.
Section 3. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed: Approved: 7'`—,'`d7y
Presiding O Icer Mayor Cj
ATTEST:- APPROVED AS TO FORM:
Cify C!2� �� Counselor
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