HomeMy Public PortalAbout2008_04_22_O014 - Approving the Personnel Procedures ManualThe Town of
Leesburg,
Virginia
ORDINANCE NO. 2008 -0 -14
PRESENTED
ADOPTED
April 22, 2008
April 22, 2008
AN ORDINANCE: APPROVING THE TOWN OF LEESBURG PERSONNEL PROCEDURES
MANUAL AND DELEGATING THE AUTHORITY TO REVISE THIS
MANUAL TO THE TOWN MANAGER
WHEREAS, historically the Town Council has approved personnel and administrative policies
for the Town; and
WHEREAS, the Town of Leesburg Personnel Manual was originally adopted by the Town
Council on May 11, 1977 and has been amended by the Town Council by ordinance over the years, most
recently April 23, 1997 (Ordinance 97- 0 -10); and
WHEREAS, the Town Manager has authorized the creation of three new documents to replace
the Personnel Manual in providing guidance to employees regarding their employment with the Town;
and
WHEREAS, these three documents include the Personnel Policy Manual, the Personnel
Procedures Manual, and the Employee Handbook; and
WHEREAS, the Personnel Policy Manual, approved by the Town Council, contains the policies
that provide guidance to employees regarding their employment with the Town; and
WHEREAS, the Personnel Procedures Manual includes all Council approved policies, all related
procedures, and copies of the Human Resources Department forms; and
WHEREAS, the Personnel Procedures Manual is the product of a seven month review/revision
process that included the creation of an employee steering committee and 13 employee groups that
focused on each of the sections of the manual; and
WHEREAS, the Employee Handbook, to be approved by the Town Manager, will be drafted
after the approval of the Personnel Policy and Personnel Procedures Manuals, and will explain the basic
information that all new employees should have an understanding of, including abbreviated versions of
current policies and procedures; and
-z-
AN ORDINANCE: APPROVING THE TOWN OF LEESBURG PERSONNEL PROCEDURES
MANUAL AND DELEGATING THE AUTHORITY TO REVISE THIS
MANUAL TO THE TOWN MANAGER
WHEREAS, Section 4 -2.1:1 (f) of the Town Charter requires the Town Manager to perform such
duties as are specified in the Town Charter or as may be required by the Council; and
WHEREAS, to provide a more streamlined approach to amending the Personnel Procedures
Manual the Town Council desires to delegate the authority to make such amendments to the Town
Manager; and
WHEREAS, the delegation of this authority is consistent with the general powers and duties
assigned to the Town Manager in Section 4 -2.1:1 (h) of the Town Charter;
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
Section I. The Town Council hereby approves the replacement of the Town
of Leesburg Personnel Manual with three new documents, including the
Personnel Policy Manual, the Personnel Procedures Manual, and the
Employee Handbook, to provide guidance to employees regarding their
employment with the Town in accordance with Section 15.2 -1506 of the
Code of Virginia and amending Chapter 12.1 of the Town Code to reflect
these changes. The complete text submitted in the Town Council's
information packet of April 22, 2008, is available in the office of the Clerk of
Council.
Section IL The Town Council hereby delegates the authority to amend the
Personnel Procedures Manual and the Employee Handbook to the Town
Manager.
-3-
AN ORDINANCE: APPROVING THE TOWN OF LEESBURG PERSONNEL PROCEDURES
MANUAL AND DELEGATING THE AUTHORITY TO REVISE THIS
MANUAL TO THE TOWN MANAGER
Section III. As required by State Code, a copy of Section 14 of the
Personnel Procedures Manual, which establishes a Grievance Procedure,
shall be forwarded to the Commonwealth's Director of the Department of
Employee Relation Counselors for approval in accordance with Section 15.2-
1506 of the Code of Virginia, as amended.
Section IV. Should any section, subsection, sentence, clause or phrase of
these rules be declared invalid by a court of competent jurisdiction, such
decision shall not affect the validity of these rules in their entirety or any part
thereof, other than that so declared invalid.
Section V. This ordinance shall be in effect upon passage.
PASSED this 22 "d day of April 2008.
Kris en C. Um `tattd, Mayor
Town of Leesburg
of Council
OrdPrsn1Pmcdr4- 22- 08.doc
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Town of Leesburg
Personnel Policy Manual
Chapter 1
GENERAL SCOPE AND APPLICATION
Purpose and Jurisdiction
These policies are adopted to establish a personnel system for present and
future employees and to provide the means to recruit, select, compensate,
develop, and maintain an effective work force that will meet the service
requirements of the citizens of Leesburg.
The Personnel Policies set forth in the following sections supersede all
previous personnel policies and shall govern all employees of the Town of
Leesburg, Virginia. This manual is not an employment contract, expressed
or implied, nor does it create any contractual obligations.
Particular ordinances or sections of the Town Charter, Town Code, or
Code of Virginia, as amended, govern the provisions in this manual. In
the event of a conflict between the contents of this manual and the
provisions of any pertinent law, the current Town, state or federal law
shall be controlling.
REVISIONS
The Town Council may amend the Personnel Policy Manual at any time.
The Town Manager may amend the Personnel Procedures Manual at any
time.
A comprehensive review of the Personnel Procedures Manual will be
conducted at least every 3 years.
Chapter 2
MERIT PRINCIPLES
The Town of Leesburg is committed to a merit -based system in handling
all aspects of Human Resources management.
Equal and Fair Treatment
All Town employees and applicants for Town employment will receive
fair and equitable treatment in all aspects of Human Resources
management without regard to race, color, religion, national origin,
gender, age, political affiliation, marital status, disability, or sexual
orientation.
Merit -based Recruitment and Selection
Recruitment will be from qualified individuals from various sources to
achieve a diversified work force. Selection and advancement should be
determined solely on the basis of relative knowledge, skills, and ability
after fair and open competition, which assures equal opportunity for all
applicants. Internal recruitment and promotional opportunities will be
encouraged where possible and appropriate.
Equal Pay for Equal Work
Equal pay will be provided for work of equal value, with appropriate
consideration of local, regional, and national rates paid by employers in
the public and private sectors. Appropriate incentives and recognition
should be provided for excellence in performance.
Access to Resources, Education, Training and Development
Employees should be provided appropriate access to education and
training opportunities to enhance organizational and individual
performance, and to encourage promotion from within the organization.
Employee Integrity
All employees will maintain high standards of integrity, conduct, and
concern for the public interest.
Effective Use of Work Force
The 'Town work force will be used effectively and efficiently to provide
the best possible programs and services.
Employee Performance and Retention
Employees should be retained based on the adequacy of their perfor-
mance. Inadequate performance should be corrected, and employees who
cannot or will not improve their performance to meet the required
standards, as reflected in the job description, should be separated from
Town service.
Protection Against Reprisal
Employees will be protected against reprisal for the lawful disclosure of
information which the employees reasonably believed demonstrates a
violation of any law, rule or regulation or mismanagement, a gross waste
of funds, an abuse of authority, or a substantial and specific danger to
public health or safety.
Protection from Arbitrary Action
Employees will be protected against intimidation, arbitrary action,
personal favoritism, or coercion for any reason.
Equitable Policies
All employees should be provided with clear and equitable policies and
procedures necessary or required to perform their duties.
Chapter 3
CLASSIFICATION SYSTEM
Classification and Compensation Plan
The purpose of the Classification and Compensation Plan is to ensure that
all positions within the Town are properly classified with regard to the
work being performed. This plan includes title, grade, Fair Labor
Standards Act exempt /non- exempt status, number of positions, and the
department to which each position is assigned.
All regular positions in the Town government are approved by the Town
Council in the Classification and Compensation Plan as submitted with
the annual budget.
The Town Manager has the authority to classify and reclassify positions,
and will keep the Town Council informed of such actions by providing a
separate report when the annual Classification and Compensation Plan is
submitted to the Town Council for approval.
Periodic Classification and Compensation Survey
The Human Resources Department should conduct a classification and
compensation survey every two years in order to ensure the Town remains
a competitive employer.
Chapter 4
RECRUITMENT AND SELECTION
It is the policy of the Town to recruit qualified individuals from
appropriate sources to achieve a diversified work force. Selection should
be determined solely on the basis of relative knowledge, skills and ability
after fair and open competition, which assures equal opportunity for all
applicants. Internal transfers and promotional opportunities should be
encouraged where possible and appropriate.
Equal Employment Opportunity Policy
The Town reaffirms and declares its policy of equal employment
opportunity. The Town will make all decisions regarding the terms and
conditions of employment including hiring, training, promoting and
terminating employees without discriminating on the basis of race, color,
gender, religion or creed, national origin, mental or physical disability,
marital status, sexual orientation or any other status as defined and
protected by applicable state and federal laws.
Americans with Disability Acts Policy
The Town will not discriminate against any applicant or employee because
of the presence of a mental or physical disability. The Town has
committed financial and organizational resources necessary to provide
access to Town facilities according to the recommendations and
requirements of the ADA. Where an applicant or employee with a
disability is able to perform the essential functions of the job requirements,
the Town may be obligated to provide reasonable accommodation to the
needs of the individual, unless such accommodations would cause undue
hardship to the Town.
Nepotism
No current employee shall work in a supervisor- subordinate relationship
with an immediate family member.
Chapter 5
EMPLOYEE COMPENSATION
Application
The terms of this Article shall not apply to the following positions: Town
Manager and Town Attorney. The merit increase provisions of this
Section shall not apply to flexible full -time employees, and flexible part-
time employees.
Adoption
The salary schedule shall be adopted at the beginning of each new fiscal
year by the Town Council.
Salary Schedule
The salary schedule is based on the grade number assigned to each
position and the salary range assigned to that pay grade as adopted
annually by the Town Council.
Administration of Salary Schedule
The Town Manager shall include in the proposed fiscal year budget any
recommended changes to the salary schedule for consideration by the
Town Council.
The Compensation Plan shall be adjusted for Cost Of Living Allowance
(COLA) as approved by the Town Council.
Merit Increase
Regular full -time and regular part-time employees are eligible for a merit
increase on their evaluation date dependent upon funding by the Town
Council in the annual budget.
Other Pay Rate Adjustments
The following personnel actions shall affect the pay status of an employee:
promotion, demotion, position reclassification, layoff, reinstatement,
retiree pay, interim director, certificationflicensing.
Fair Labor Standards Act (FLSA)
It is the policy of the Town of Leesburg to pay its employees a
competitive wage or salary in return for good work and excellent work
habits. Toward this end, such factors as experience and education, as well
as public and private sector wages and salaries for similar positions, will
generally be taken into consideration when determining wages or salaries
for new employees.
As a matter of policy, the Town strives to provide adequate staff to handle
normal operations. However, employees may be required or permitted to
work overtime or remain "on- call" to assist in resolving operating
emergencies, handle peak workloads, or on other occasions as deemed
necessary in the judgment of the Town Manager and /or the responsible
supervisor. Overtime may be given in pay or compensatory time
depending on the employee's position. However, all pay and
compensation to Town employees will be in accordance with the
parameters set forth under the Fair Labor Standards Act (FLSA).
Holiday Pay
Employees required to be on duty during a holiday because of the nature
of their position, emergencies or any other reason shall receive holiday
pay equal to one and one -half times the regular hourly rate for each hour
worked or compensatory time, either of which shall be in addition to their
regular pay. Employees required to report for duty at hours outside their
regularly scheduled workday within the 24 hour period of a paid holiday
shall be paid at the rate of one and one -half times regular pay or given
compensatory time.
All regular part-time employees scheduled to work an average of 20 hours
or more each week on a continuous basis shall receive four hours holiday
pay for each holiday provided to regular full -time employees.
Other Items Affecting Compensation
Other types of compensation are as follows: cell phones, uniform
allowance, safety shoes and Town vehicles.
Chapter 6
HOLIDAYS, WORK SCHEDULES
AND LEAVE POLICIES
For all leave, with the exception of official holiday, sick, administrative or
unscheduled leave, an employee must receive approval prior to taking the
leave. Upon the employee's return from sick leave or unscheduled leave,
approval is needed by the employee's supervisor.
Application
The Terms of this Section shall only apply to all regular full -time and
regular part-time employees. Flexible part -time employees may have
additional procedures that must be followed as directed by their
department director.
Holiday Leave
The Town provides all employees with a minimum of 12.5 paid days off
from work for each calendar year for holiday observance. Each year the
Human Resources Department distributes to all employees a listing of the
actual dates of holidays for the calendar year. All eligible regular part -
time employees scheduled to work an average of 20 hours or more per
week on a continuous basis shall receive half of the holiday pay for each
holiday that regular full -time employees receive.
Annual Leave
All regular full -time employees in the service of the Town shall be
credited with annual leave after it is earned at the following amounts(with
the exception of department directors):
YEARS OF SERVICE
DAYS PER YEAR
less than two years
12 days
2 years
13 days
3 years
14 days
4 years
15 days
5 through 9 years
18 days
10 through 14 years
21 days
15 through 19 years
24 days
20 years plus
26 days
Regular part-time employees who work an average of 20 hours or more
per week shall be eligible to accrue annual leave benefits at half the rate of
regular full -time employees.
10
Employees are required to request annual leave and are only authorized to
take such leave if approved.
Upon voluntary separation, an employee shall be paid for any unused
accrued annual leave.
Sick Leave
All regular employees in the service of the Town shall be credited with
sick leave after it is earned at the following rates:
Regular hours worked per Amount accrued per Days accrued
2 -week payroll period 2 -week pavroll period Annually
80 3.70 12
75 3.46 12
40 1.85 6
Sick leave is earned regardless of the years of service. Regular part -time
employees who work an average of 20 hours or more per week shall
accrue sick leave benefits at half the rate of regular full -time employees.
Employees who retire from the Town services shall be paid for 25 percent
of their unused sick leave accrued during Town employment. Employees
who have lost time because of illness or injury and have exhausted sick
leave may have such time deducted from annual leave.
If an employee becomes seriously ill or injured, and will be out of work
for an extended period of time, the Town may approve sick leave sharing
for the employee if he /she does not have sufficient leave. The determina-
tion of a qualifying event will be done by the Town Manager and the
Human Resources Director.
Family Medical Leave Act (FMLA)
The Family Medical Leave Act of 1993 requires that all eligible
employees are provided up to 12 weeks of protected FMLA leave
annually for certain family and medical reasons. An employee's
leave may qualify for FMLA Leave, and may be designated by the
Town as FMLA Leave, even when an employee does not specifically
request FMLA leave.
11
Chapter 7
Employee Benefits
All regular full -time and regular part-time employees who meet the
service and hours worked requirements, including dependents and retirees
is described in current group medical /dental contracts, plans and
amendments. The Town provides all regular full -time employees with a
Long Term Disability Insurance at no cost to the employee. All eligible
employees shall participate in the Virginia Retirement System pursuant to
Title 51 of the Code of Virginia entitled to regular full -time employees.
There is an Optional Life Insurance plan available that allows employees
to purchase additional life insurance protection for themselves and their
dependents. The Town offers a deferred compensation plan which various
types of investments may be chosen from and are managed by financial
firms selected by the Town. Other benefits are an Employee Assistance
Program, Ida Lee Park membership (free of charge), Legal
Assistance(available through payroll deduction) and Supplemental
Insurance.
Employees may elect to take advantage of Section 125 of the Internal
Revenue Service Code by participating in a flexible spending plan. This
plan allows employees to set aside money to be paid prior to withholding
of federal income and social security taxes to cover extra health care needs
or dependent care, including child care. The option to participate shall be
offered only once per year on July I (after the initial enrollment period).
The Workers' Compensation Program is administered by Virginia
Municipal League. Employees who are injured on the job must report any
accident immediately to their supervisor who shall contact the Human
Resources Department and confirm that necessary reporting forms are
submitted immediately to VML and the HR Department. Any employee
eligible to receive worker's compensation benefits shall be paid according
to the provisions of the Virginia Industrial Commission.
12
Chapter 8
Safety, Health & Security
It is the policy of the Town that every employee is entitled to work under
the safest possible conditions representing all occupations. To this end,
every reasonable effort will be made to provide and maintain a safe,
healthy, and secure workplace, safe equipment, proper materials, and to
establish and insist upon safe methods and practices at all times.
Town Emergency Operations Plan
The Town has established and maintains the "Town of Leesburg, Virginia
Emergency Operations Plan."
The Emergency Operations Plan is an action - oriented document that sets
forth specific plans of the local government in emergency or disaster
situations. The document is subject to revisions, refinement, and periodic
review. As such, the Emergency Operations Plan and associated
documents are considered confidential and not for public release.
Town Management, the Safety, Health and Security Committee,
-- Supervisors and Employees all take an important role in annual review
and training of all safety programs.
Drug and Alcohol Workplace
The Town of Leesburg prohibits the unlawful manufacture, distribution,
dispensing, possession or use of any controlled substances during working
hours or on Town property at any time.
It is the policy of the Town that all Town government work sites shall be
maintained as a drug -free, alcohol -free workplace.
13
Chapter 9
Training and Development
The Town will provide the employees with opportunities for career
development and enhancement. It is the intent of the Town to continue to
offer job - related training programs through the Human Resources
Department, so that employees may develop and utilize their talents to the
fullest degree possible in the best interest of the Town, and to provide a
solid base of occupational skills necessary to meet current and future
employment needs.
Tuition Assistance Program
The Department of Human Resources shall administer this program and
only regular full -time employees are eligible, after twelve months of
consecutive employment with the Town. Tuition reimbursement is for an
approved degree program administered by an accredited institution. In
order for a degree program to be approved, it must relate to the
employee's job responsibilities or broaden knowledge of Town -wide
municipal functions through promotional advancement.
14
- Chapter 10
Employee Conduct
All Town employees and members of boards and commissions are
expected to conduct themselves in an ethical, courteous and respectful
manner in the workplace and while representing the Town in any capacity.
All employees will maintain high standards of integrity and concern for
the public interest. All Town employees are expected to adhere to
procedures regarding the use of Town equipment and any Town resources.
Financial Disclosure Requirements
All members of the Town Council, Planning Commission, Board of
Zoning Appeals and Board of Architectural Review, Town Manager,
Deputy or Assistant Town Managers and all department directors are
subject to filing within 30 days of employment and annually on or before
January 15 a disclosure statement of personal interest and such other
information as specified on the forms set forth in Section 2.2 -3114 and
22 -3115 of the Code of Virginia.
Employee Conduct During Mayor and Council Elections
Employees shall refrain from taking action in political campaigns during
work hours.
Whistle Blower Protection
Neither the Town nor the Town Council shall engage in reprisal against an
employee for disclosing a violation or suspected violation of a local, State
or Federal Law.
Sexual and other forms of harassment in the workplace and
retaliation
It is the Town's policy that all employees have a right to work in an
environment free from discrimination, which includes freedom from any
harassment. The legally protected groups include: gender, age, race,
national origin, religious creed, political affiliation, sexual orientation,
disability, marital status, or membership in groups.
Retaliation against an individual for reporting harassment or for
participating in a harassment investigation is prohibited.
15
Gifts and Gratuities
Tt is the Town's policy that employees, board /commission members or
other persons acting on behalf of the Town may not solicit or accept in the
course of work any favors, gifts, meals, gratuities or other valuable things
of value which could influence the performance of Town duties and
responsibilities.
Internet/E -Mail Policy
All Town owned computer systems, hardware, software and related
systems and devices are the property of the Town of Leesburg.
Information stored on such systems is Town property and subject to
review at any time. Employees are responsible for utilizing the Internet in
an effective, ethical and lawful manner. The Internet/e -mail should be
accessed and used to conduct official Town business, to gain technical and
job - related information and for business contacts. These guidelines are
intended to correspond with Town employees' job responsibilities.
Violence in the Workplace
The Town is committed to maintaining a workplace that is free from
violence or threats of violence. The Town will not tolerate violent
behavior or threats in the workplace. The workplace is considered to be
Town buildings and property, Town vehicles and private vehicles
while used on Town business, off -site training, or other assigned
work locations.
Any act or perceived threat of violence involving a Town employee or
occurring in the workplace must be reported to a supervisor or the Human
Resources Department generally within 48 hours of the incident.
16
Chapter 11
�— p
Employee Performance Evaluation
Performance evaluations of employees should take place at least annually.
Those who perform evaluations should perform them in a fair and
objective manner. Employee performance evaluation reports are subject
to the standard grievance procedure.
— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — - -- -1711
Chapter 12
Employee Incentives /Recognition
The Town encourages all employees to fully participate in providing the
best service to our citizens. The Town will recognize individuals and
teams who demonstrate exceptional customer service, continuous
improvement, and/or teamwork.
The Human Resources Department has the overall responsibility to
administer the recognition and incentives program as well as assist
departments in the interpretation and execution of this program. The
Human Resources Department works with the Employee Advisory
Committee (EAC) to review the program and recommend changes as
necessary to the Town Manager.
18
Chapter 13
Employee Discipline
The Town will not accept behavior of employees that violates laws,
policies, procedures, rules, or that results in unacceptable performance and
unethical conduct. Disciplinary action shall be imposed fairly and
impartially, and shall be proportional to the seriousness of the issue being
addressed. Supervisors are primarily responsible for addressing
disciplinary issues.
The discipline policy applies to all Town employees including regular full -
time and regular part-time employees, as well as all flexible employees.
All Public Safety employees, sworn and civilian, may also be subject to
General Orders approved by the Chief of Police. This section does not
apply to the Town Manager or Town Attorney, as they serve at the
pleasure of the Town Council.
If an employee feels that he /she is being wrongly disciplined, he /she may
appeal the decision through the standard grievance procedures.
19
Chapter 14
Grievance Process
It is the Town's policy that employees will receive fair and equitable
treatment in all aspects of human resources management. The purpose of
this policy is to provide a clearly defined process that allows employees of
the Town to submit a grievance if they feel they have not been treated
fairly and equitably, and that such grievances be handled in a prompt, fair
and orderly manner. Further, employees must feel that they can file a
grievance without threat of discrimination, coercion, recrimination,
restraint or reprisal.
20
Chapter 15
Employee Separation /Retirement
The Town wishes to have procedures established to successfully guide an
employee through their transition to achieve separation or retirement from
the Town.
21
Chapter 16
Employee Personnel Files
The Human Resources Department will establish and maintain the official
personnel file for all Town employees. The Human Resources
Department is designated as the office of record for the collection, storage
and dissemination of data relating to all Town employees.
Dissemination of Information
Inquiries from the public regarding employees shall be referred to the
Human Resources Department. The Human Resources Department will
only release data relating to employee names, job titles, employment
dates, and the last salary received. Departments are not authorized to
provide any information personal or otherwise, regarding their employees
or former employees to other individuals, businesses or outside agencies.
Records Retention and Disposal
The Human Resources Department shall retain and dispose of personnel
files in accordance with Virginia state law and the Library of Virginia
Retention Schedules.
Review Rights of Personnel Records
An employee shall have the right to review his/her personnel file during
working hours. An employee's supervisor, department director, and the
Town Manager are authorized to review employee personnel files, except
medical information or other information protected by HIPAA or other
confidential information not related to job performance or function.
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TOWN of LEESBURG PERSONNEL PROCEDURES MANUAL
Town of Leesburg Employee Procedures Manual ............................... ...............................
1
Section 1: General Scope and Application ...................................... ...............................
1
Section 2: Merit Principles ............................................................... ...............................
6
Section 3: Classification System— ................ .......................... ......................................
8
Section 4: Recruitment and Selection ............ ................ ..............................................
11
Section 5: Employee Compensation ............................................. ...............................
21
Section 6: Holidays, Work Schedules, and Leave Policies .......... ...............................
31
Section 7: Employee Benefits ......... ............................................. ...............................
51
Section 8: Safety, Health & Security ............................................. ...............................
65
Section 9: Training and Development ......................................... ......................_.._.....
77
Section 10: Employee Conduct .................................................... ...............................
84
Section 11: Employee Performance Evaluation ............................ ...............................
99
Section 12: Employee Incentives / Recognition ... .................................... ....................
103
Section 13: Employee Discipline ................................................. ...............................
112
Section 14: Grievance Process ..................................................... ...............................
115
Section 15: Employee Separation / Retirement ............................. ...............................
133
Section 16: Employee Personnel Files ......................................... ...............................
139
Section17: Glossary .................................................................... ...............................
141
Appendix A: Classification and Compensation Plan ................... ...............................
141
Appendix B: Salary Schedule ................................................... . ......... ........
............... 141
Appendix C: Human Resources Forms.. . ......................... .......................
............. 141
Town of Leesburg Employee Procedures Manual
Section 1: General Scope and Application
1.1 Purpose and Jurisdiction
These policies and procedures are adopted to establish a personnel system for present and
future employees and to provide the means to recruit, select, compensate, develop, and
maintain an effective and responsible work force that will meet the service requirements
of the citizens of Leesburg.
This manual is not an employment contract, expressed or implied, nor does it create any
contractual obligations. Employment with the Town of Leesburg is at will. This manual
is designed to incorporate as many as possible practices and procedures that relate to the
employees and applicants for employment with the Town of Leesburg. It may be revised
as needed with or without notice.
While the Town anticipates some future elaboration, modification, and refinement of this
manual, the manual is not expected or intended to cover every policy or procedure the
Town has adopted and observes. If there is uncertainty about any provision or intent of a
particular policy, the Town Manager, in consultation with the Town Attorney, will be the
arbiter of interpretation.
TOWN OF LEESBURG PERSONNEL PROCEDURES MANUAL
Particular ordinances or sections of the Town Charter, Town Code, or Code of Virginia,
as amended, govern the provisions in this manual. In the event of a conflict between the
contents of this manual and the provisions of any pertinent law, the current Town, state or
federal law shall be controlling.
1.2 Categories of Positions
Positions me defined in the following categories:
A. Elected and Appointed Officials
1. Mayor and Council
The Town operates under the Council- Manager form of government. The
Town Council is the legislative body of the Town and is empowered by
the charter to make Town policy. The Council is composed of a mayor and
six council members elected at large on a non - partisan basis.
2. Boards and Commissions
Airport Commission
Balch Library Advisory Commission
Board of Architectural Review
Board of Zoning Appeals
Cable Television Advisory Commission
Commission on Public Art
Economic Development Commission
Environmental Advisory Commission
Information Technology Commission
Parks and Recreation Advisory Commission
Planning Commission
Tree Commission
Standing Residential Traffic Committee
B. Council- Appointed Positions
• "Town Manager
• Town Attorney
C. Town Manager Appointed /Council Confirmed Position
• Chief of Police
D. Employees
• Regular Full Time
• Regular Part Time
• Flexible
TOWN OF LEESBURG PERSONNEL PROCEDURES MANUAL
1.3 General Provisions
A. The Town Manager hires all employees that are not Council
appointed or confirmed positions.
B. This Personnel Procedures Manual applies primarily to employees
working for the Town Manager and generally does not apply to the
Town Council or Boards and Commissions, although exceptions
are identified in specific sections in the manual.
C. These rules shall not limit or prohibit the Town Council from
executing agreements with any Town Council appointed positions.
Such agreements shall supersede only those rules that are in conflict
with provisions of agreement.
1.4 Functions of the Town Council
The Town Council is responsible for the following:
A. Approving the Merit Principles.
B. Appointing the Town Manager and Town Attorney.
C. Confirming the appointment of the Chief of Police.
D. Approving the Personnel Policy Manual and making policy amendments as
appropriate.
E. Establishing a Compensation Plan for Boards and Commissions.
F. Approving the Salary Schedule as part of the annual budget for the Town.
G. Approving the Compensation Plan as part of the annual budget for the Town.
1.5 Functions of the Town Manager
The Town Manager is responsible for the following:
A. Recommending to the Town Council changes to the Policy Manual
and amendments as appropriate.
B. Recommending to the Town Council the Compensation Plan.
C. Recommending to the Town Council the Annual Salary Schedule.
TOWN OP LEESBURG PERSONNEL PROCEDURES MANUAL
D. Making changes to the Personnel Procedures Manual and
amendments as appropriate.
E. Approving compensation for new employees within amounts
appropriated for that purpose.
F. Approving all personnel actions including selections, promotions,
disciplinary actions, dismissal, or any change in the status of an
employee within the Town service, unless otherwise prohibited by
law.
G. Ensuring the development and distribution of an employee
handbook.
H. Other Human Resources functions as assigned by Town Council.
1.6 Functions of the Human Resources Director
The Human Resources Director is responsible for the following:
A. Recommending to the Town Manager policy and procedural
changes to the Personnel Procedures Manual and the Policy
Manual.
B. Recommending to the Town Manager classification of positions,
position specifications, and compensation.
C. Establishing qualifications for all employment positions in
consultation with department directors.
D. Developing and administrating employee training and
developmental programs.
E. Maintaining personnel files as required.
1.7 Revisions
A. The Town Council may amend the Personnel Policy Manual at any time.
B. The Town Manager may amend the Personnel Procedures Manual at any time
C. A comprehensive review of the Personnel Procedures Manual will be
conducted at least every 3 years by the Town Manager or his/her designee.
TOWN OF LEESBURG PERSONNEL PROCEDURES MANUAL
1.8 Unlawful Acts
A. No employee shall make any false statement, certificate, mark,
rating or report with regard to any test, certification or
appointment made under any provision of this manual, or in any
manner commit or attempt any fraud preventing the impartial
execution of this manual and the rules established hereunder.
B. No employee shall, directly or indirectly, give, render, pay, offer,
solicit or accept any money, service or other valuable consideration
for any appointment, proposed appointment, promotion or proposed
promotion to, or any advantage in, a position in the classified
service.
C. No employee of the Town or other persons shall defeat, deceive or
obstruct the person in his right to examination, eligibility,
certification or appointment under this provision of the manual, or
famish to any person any special or privileged information for the
purpose of affecting the rights or prospects of any person with
respect to employment.
D. Any employee violating the provisions of this section shall be
guilty of a Class 3 misdemeanor in accordance with Section 1 -13
of the Town Code.
TOWN OF LEESRURC PERSONNEL PROCEDURES MANUAL
Section 2: Merit Principles
The Town of Leesburg is committed to a merit based system in handling all aspects of
Human Resources management.
2.1 Equal and Fair Treatment
All Town employees and applicants for Town employment will receive fair and equitable
treatment in all aspects of Human Resources management without regard to race, color,
religion, national origin, gender, age, political affiliation, marital status, disability, or
sexual orientation.
2.2 Merit -based Recruitment and Selection
Recruitment will be from qualified individuals from various sources to achieve a
diversified work force. Selection and advancement should be determined solely on the
basis of relative knowledge, skills and ability after fair and open competition, which
assures equal opportunity for all applicants. Internal recruitment and promotional
opportunities will be encouraged where possible and appropriate.
2.3 Equal Pay for Equal Work
Equal pay will be provided for work of equal value, with appropriate consideration of
local, regional, and national rates paid by employers in the public and private sectors.
Appropriate incentives and recognition should be provided for excellence in
performance.
2.4 Access to Resources, Education, Training and Development
Employees should be provided appropriate access to education and training opportunities
to enhance organizational and individual performance, and to encourage promotion from
within the organization.
2.5 Employee Integrity
All employees will maintain high standards of integrity, conduct, and concern for the
public interest.
2.6 Effective Use of Work Force
The Town work force will be used effectively and efficiently to provide the best possible
programs and services.
TOWN of LEESBURG PERSONNEL PROCEDURES MANUAI.
2.7 Employee Performance and Retention
Employees should be retained based on the adequacy of their performance. Inadequate
performance should be corrected, and employees, who cannot or will not improve their
performance to meet the required standards, as reflected in the job description, should be
separated from Town service.
2.8 Protection Against Reprisal
Employees will be protected against reprisal for the lawful disclosure of information
which the employees reasonably believed evidences a violation of any law, rule or
regulation or mismanagement, a gross waste of funds, an abuse of authority, or a
substantial and specific danger to public health or safety.
2.9 Protection from Arbitrary Action
Employees will be protected against intimidation, arbitrary action, personal favoritism, or
coercion for any reason.
2.10 Equitable Policies
All employees should be provided with clear and equitable policies and procedures
necessary or required to perform their duties.
TOWN of LEESBURG PERSONNEL PROCEDURES MANUAL
Section 3: Classification System
3.1 Policy
A. Classification and Compensation Plan approved by Town
Council
1. All regular positions in the Town government are approved by the
Town Council in the Classification and Compensation Plan as
submitted with the annual budget.
B. Classification Authority delegated to Town Manager
The Town Manager has the authority to classify and reclassify positions, and
will keep the Town Council informed of such actions by providing a separate
report when the annual Classification and Compensation Plan is submitted to
the Town Council for approval.
3.2 Application
The terms of this section shall not apply to the following positions:
• Town Manager
• Town Attorney
• Flexible Positions
3.3 Classification and Compensation Plan
The purpose of the Classification and Compensation Plan is to ensure that all positions
within the Town are properly classified with regard to the work being performed. This
plan includes title, grade, Fair Labor Standards Act exempt/non-exempt status, number of
positions, and the department to which each position is assigned.
Print Date: T
Prepared by: Reviewed b : 'A roved by:
Date:
TOWN OF LEESBURG PERSONNEL PROCEDURES MANUAL
3.4 Fair Labor Standards Act (FLSA) Definitions
A. Exempt Positions
1. Exempt positions include employees that meet one or more of the
FLSA exemptions test who are paid on a fixed salary basis and not
entitled to overtime.
B. Non - Exempt Positions
Non- exempt positions include employees who are not exempt from the FLSA
exemptions test and are paid on an hourly basis and covered by wage and hour
laws regarding hours worked, overtime, etc.
C. Public Safety Personnel
Sworn police personnel who are classified as either exempt or non- exempt but
whose schedule is based on an 80 -hour work schedule as opposed to a 40 -hour
workweek schedule.
3.5 Job Descriptions
A. The Town Manager shall issue and approve as necessary job descriptions for
each position within the Town service, which shall be on file with the Human
Resources Department.
B. Department directors and the Human Resources Director will approve the job
descriptions utilized within their respective departments. The Human
Resources Director and the'fown Manager will approve generic job
descriptions that cross departmental lines.
3.6 Classification! Reclassification Process
A. Annual Classification and Compensation Plan Review:
The Classification and Compensation Plan shall be reviewed on an annual
basis by the Town Manager and Htnnan Resources Director. The purpose of
such a review shall be to assure the plan accurately reflects the work being
performed and that the positions are properly classified with regard to:
Date:
TOWN of LEESBURG PERSONNEL PROCEDURES MANUAL
(1) knowledge, skills and abilities (education and experience) required to do
the job; (2) job complexity; (3) scope and impact of decisions; (4) level of
supervision exercised or received; (5) purpose and nature of work contacts;
(6) work environment; and (7) physical and sensory demands and hazards.
B. Reclassifications:
From time to timejob responsibilities or duties of certain positions will
change. When this occurs, a department director may request the Human
Resources Director to conduct a reclassification study to determine if the
position should be reclassified to a higher (or lower) grade. Once the analysis
is complete, the recommendation is submitted to the department director. If
the department director supports the Human Resources Director's
recommendation, the Human Resources Director will send the action to the
Town Manager for approval. if the department director does not support the
Human Resources Director's recommendation, he /she has the right to appeal
the recommendation to the Town Manager.
3.7 Periodic Classification & Compensation Survey
The IIuman Resources Department should conduct a classification and compensation
survey every two years in order to ensure the Town remains a competitive employer.
10
Print Date: Prepared by: Reviewed b Ap roved by:
rD tea of Issue:
Effective Until Date:
TOWN OF LEESBURG PERSONNEL PROCEDURES MANUAL
Section 4; Recruitment and Selection
4.1 Policy
It is the policy of the Town to recruit qualified individuals from appropriate sources to
achieve a diversified work force. Selection should be determined solely on the basis of
relative knowledge, skills and ability after fair and open competition, which assures equal
opportunity for all applicants. Internal transfers and promotional opportunities will be
encouraged where possible and appropriate.
A. Equal Employment Opportunity (EEO) Policy:
The Town reaffirms and declares its policy of equal employment opportunity.
The Town will make all decisions regarding the terms and conditions of
employment including hiring, training, promoting and terminating employees
without discriminating on the basis of race, color, gender, religion or creed,
national origin, mental or physical disability, marital status, sexual orientation
or any other status as defined and protected by applicable state and federal
laws.
The Town will continue to do the following things in its efforts to provide
equal employment opportunities:
1. 'phe Town will monitor and refine its recruitment efforts in order to
attract the best qualified applicants within the labor force.
2. The Town will review the selection process to assure that job
requirements, hiring standards, and methods of selection and
placement do not produce adverse effects.
3. The Town will make every effort to ensure that all employees work
in an environment which is free from harassment and discrimination
and will promptly investigate any allegations of such.
4. The Town will ensure that no retaliatory action is taken against any
employee for opposing employment practices which are prohibited
by federal and state laws or by the Town's own policies and
procedures.
5. 'Fluough the implementation of this EEO Policy Statement, the
Town will undertake to comply fully with all expressed or implied
obligations contained in federal and state law relating to equal
employment opportunity.
B. Americans with Disability Acts (ADA) Policy:
The Town reaffirms and declares its policy based on the Americans with
Disabilities Act. The Town will not discriminate against any applicant or
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TOWN OF LEESBURG PERSONNEL PROCEDURES MANUAL
employee because of the presence of a mental or physical disability. The
Town has committed financial and organizational resources necessary to
provide access to Town facilities according to the recommendations and
requirements of the ADA. Where an applicant or employee with a
disability is able to perform the essential functions of thejob requirements,
the Town may be obligated to provide reasonable accommodation to the
needs of that individual, unless such accommodations would cause undue
hardship to the Town. Reasonable accommodations will be determined on
a case -by -case basis.
Employees with medically recognized and documented disabilities who
are able to perform the essential functions of the job, and who are in need
of special accommodations shall, notify the Human Resources Department
of their needs upon being hired.
4.2 Recruitment
A. Job Vacancy
In order to attract an adequate number of candidates for present and future
vacancies and to successfully compete with other employers, the Human
Resources Director will issucjob announcements and otherwise publicize
vacancies through such media as the Town Manager may deem
appropriate. The recruitment and selection of Town personnel and all
personnel actions shall be made without regard to race, color, gender,
religion or creed, national origin, mental or physical disability, marital
status, sexual orientation or any other status as defined and protected by
applicable state and federal laws, and shall be based on the applicant's
ability to meet the specified qualifications. Publicity forjob vacancies
shall be conducted for a sufficient period of time to ensure reasonable
opportunities for persons to apply and be considered for employment.
B. Recruitment
The hiring department director shall submit a Recruitment Requisition
Form for full -time and regular part-time positions (along with copy of the
approved job description) to the Human Resources Department for
processing by 3:00 p.m. on Friday in order to have advertising in the local
papers the following week_
I. Vacancy Announcement
The Human Resources Department shall work with the
departments /divisions regarding vacant positions to determine the
recruitment process to obtain qualified applicants to fill vacancies.
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TOWN of LEESBURG PERSONNEL PROCEDURES MANUAL
_ a) Internal Recruitment: In those instances where employees
within the organization may possess the kriowledge, skills, and
abilities required for a vacant position, the department director or
division manager may request that recruitment be advertised to
Town employees. In those instances, positions will be posted
internally for 10 business days. Internal recruitment applies only
to full -time and regular part -time employees.
L Promotion and transfer.
i. The Town believes in promoting employees from
within and has established ajob - posting program
to give all employees an opportunity to apply for
positions for which they qualify.
ii: The Iluman Resources Director shall have
prepared ajob vacancy announcement for each
vacancy. Such announcements shall be posted in
the Human Resources Department and sufficient
numbers of each announcement shall be provided
to each department of the Town for posting to
bulletin boards and such other locations as are
available for employees' information.
iii. The vacancy announcement shall be of sufficient
form and content to adequately inform prospective
applicants of the typical duties, required
qualifications, examining process or listing of
examination parts, and final closing date. Positions
are generally posted for 10 business days, and there
must be at least two internal candidates for
consideration or the position will be externally
recruited.
iv. To be eligible to apply for a posted position, the
employee must meet the minimum hiring
specifications for the position, be capable of
performing the essential functions of the job, with
or without a reasonable accommodation, and be an
employee in good standing in terms of their overall
work record.
v. Employees are responsible for monitoring job
vacancy announcements and for completing and
filing an application form with the Human
Resources Department during the posting period
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TOWN OF LEESBURG PERSONNEL PROCEDURES MANUAL
_ for a specific opening. Dates specified in any
vacancy announcement may be extended,
postponed, or canceled, by the Human Resources
Director, at the request of the department director,
if such action is necessary to meet the needs of the
Town.
IL Reinstatement
Any employee who was laid off, or who resigns in good
standing may be reinstated to a vacant position in the
same class or title within one year from the date of said
layoff or resignation provided all department
employment requirements are met. Sick leave, if any, is
restored and reinstated at original hire date for service.
a) External Recruitment
L In those instances where recruitment is not restricted
within the organization, recruitment for the vacant
position shall be conducted externally, and applications
from the general public and employees shall be
accepted.
H. The Human Resources Department reviews the
Recruitment Requisition Form to confirm the
information is accurate. The "Closing Date" is at
least15 business days following the I" day the
advertisement is placed in the newspaper.
M. The Human Resources Department will update the
weekly Job Announcement and distribute to all
department directors and bulletin boards. The Town's
employment website is updated as needed.
The Human Resources Department will also provide
advertising in local newspapers and relevant websites.
Should additional advertising be requested from
department directors, advertising costs may be paid
from their individual department funds.
IV. Employment applications will be forwarded to
department directors within five business days
following the closing date and initial processing
through the Human Resources Department.
Departments should complete interviewing within one
month of receiving applications for a position.
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TOWN OF LEESBURG PERSONNEL PROCEDURES MANUAL
V. Temporary Services - As soon as the need for
temporary personnel is identified by a department, the
Human Resources Department will be contacted. The
Human Resources Department shall attempt to place a
temporary employee in the position, or place an
advertisement in the local newspaper, before using the
services of an agency to fill the temporary position
requested.
b) Under filling Positions: Under filling of positions shall be used
only in those instances that meet the following conditions:
L A vacancy exists that the Town has been unable to fill
after a good faith recruitment effort and a candidate is
available who will meet the minimum standards and be
able to perform the basic functions of a position, if he
or she is given additional training.
II. Immediate supervisors must inform an employee under
filling a position of the following:
i. The expectation of the supervisor on how the
employee can advance with his/her
training /education to fully meet the
requirements of the posted position.
ii. An employee who is not advanced must be
informed of the reasons why and what he /she
must do in the future to advance to the next
level.
iii. Immediate supervisors are responsible for
tracking employee eligibility for promotion,
demotion, or termination.
4.3 Application Screening and Distribution
A. Human Resources Application Review and Distribution
1. The Human Resources Department accepts only an official Town
application with original signature_
2. Applications must be received in the Human Resources Department
by 5:00 PM on the advertised closing date to be considered.
3. Applications are generally reviewed by the Human Resources
Generalist for their assigned departments, where appropriate, to
screen out candidates who do not meet the minimum requirements of
a position.
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TOWN OF LEESBURG PERSONNEL PROCEDURES MANUAL
4. All original applications are retained by the Human Resources
Department for 3 years.
B. Department Review
1. Following the closing date for a position, the department reviews the
applications to determine the best qualified candidates.
2. Applicant Review Forms are completed for each applicant to be sure
that each applicant is fairly considered. Two staff members must
review each application independently and review forms must be
submitted back to the Human Resources Department with each
application. One review form may be completed with both staff
member signatures.
C. Nepotism
Generally, Virginia law does not prohibit employment of a current
employee's immediate family members provided that:
a) The current employee does not exercise any control over the
employment, evaluation, supervision, salary, promotion, or
retention of a member of his or her immediate family.
b) Employment of an immediate family member of the Town
Manager or Town Council Member is prohibited.
c) If two employees become members of the same household, both
may retain their positions, provided one is not under the direct or
indirect supervision of the other.
d) It is the responsibility of the supervisor /manager to advise the
department director if such a relationship is established.
e) If there is a direct supervisory relationship between the two
employees, one of the employees should be reassigned within the
department, if possible, or transferred to another Town
department if a position for which the person is qualified exists.
If no position is available, one of the employees will resign.
f) Any questions regarding the interpretation of this policy should
be directed to the Town Attorney.
4.4 Interviews
A. Interview Panel
The department establishes an interview panel generally comprised of 2 -3
staff members. For internally posted positions, the interview panel will
include one staff member from the Human Resources Department. For
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TOWN OF LEESBURC PERSONNEL PROCEDURES MANUAL
telephone interviews the panel should be comprised of at least 2 members.
For in person interviews, the panel should contain at least 3 staff members.
B. Interview Questions
1. Standard interview questions should be established, and the same
questions should be used to interview each candidate.
2. Interview questions may be reviewed by the Human Resources
Department prior to interviews.
C. Interviews
Initial interviews may be via telephone or in person, but all interviews must be
conducted in the same manner, meaning whatever method is chosen must be
used for all candidates in that round of interviewing.
D. Travel Expenses
1. Applicant travel expenses: The Town may reimburse preauthorized
travel expenses such as mileage and lodging to out -of -area job
applicants for costs related to interviews when such reimbursements
are considered essential to successful recruitment of a position.
2. Department directors may reimburse applicants and new hires for
travel, lodging and moving expenses deductible under IRS
regulations where appropriate. Department directors will be
responsible for preauthorizing reimbursements on a case -by -case
basis and identifying the source of funds within their budget.
Pre - employment Contingencies /Screening Requirements-
The hiring officer is responsible to inform finalists of contingencies related to
specific positions.
a) Reference checks: At least two work - related reference
checks are to be conducted by the hiring manager prior to
an offer of employment for all positions.
b) Approval by Town Manager: All offers up to 10% above
the entry level of the hiring range must be approved
through consultation with the Human Resources Director.
Those above 10% over the entry level of the hiring range
must be approved by the Town Manager.
c) Background checks: It is the hiring manager's
responsibility, prior to the start date to have all new
employees 18 years and older complete and sign a
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TOWN OF LEESBURG PERSONNEL PROCEDURES MANUAL
criminal background check form which must be notarized
and submitted to the state for investigation.
d) Fingerprinting: All new employees 18 years and older
must be fingerprinted by the Leesburg Police Department
on or before their start date.
e) Verification of credentials: Official verification of
education, training, licenses and certifications must be
provided to the Iluman Resources Department, where
these credentials are a condition of employment for a
position.
f) Credit check (where required): All department directors,
Finance Department employees and other employees, 18
years and older, who handle money are required to have a
credit check prior to hiring.
g) Physical (where required): Physicals are required as a
condition of employment for the following: CDL drivers
and some safety- sensitive positions, such as: all
maintenance employees, equipment maintenance
employees, heavy equipment operators, Airport
maintenance, Police Officers, Utility Department
employees — all positions except administrative positions
and administrative staff, and Inspectors — both
Engineering and Public Works and Utilities. It is the
hiring manager's responsibility to inform the applicant
that they are required to make an appointment for a
physical with a physician from the list provided by the
Town of Leesburg.
h) Drug Screening (where required): Pre - employment drug
screening is required for employees holding a
Commercial Drivers License CDL) as a condition of their
employment and for Safety Sensitive positions. It is the
hiring manager's responsibility to inform the applicant
that they are required to make an appointment for a drug
screening with a physician from the list provided by the
Town.
i) Financial Disclosure Statement (where required) (also
see Section 10 Employee Conduct): All members of the
Town Council, Planning Commission, Board of Zoning
Appeals and Board of Architectural Review and the
Town Manager, Deputy or Assistant Town Managers,
and all department directors shall file, as a condition to
assuming office or employment, and within thirty days of
employment, a disclosure statement of personal interest
and such other information as specified on the forms set
forth in the Code of Virginia.
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TOWN OF LEESBURG PERSONNEL PROCEDURES MANUAL
j) Motor Vehicle Licenses (where applicable): The hiring
manager shall request the applicant to present a valid
driver's license, where said license is considered a
required qualification to be able to perform an essential
function of the position. This includes new employees
requiring a Commercial Drivers License (CDL) license
for their employment.
k) Town Residency., Town residency is required for the
Town Manager and Chief of Police.
F. Special Screening Requirements -Law Enforcement Personnel
Police Department personnel may be required to undergo additional
screening procedures. This may include, but is not limited to the
following:
1.
Written Examination
2.
Listening and Comprehension Examination
I
Physical Agility Examination
4.
Polygraph Examination
Psychological Examination
6:
Criminal History Check
Credit Checks
S:
Physical
4.5 Selection of Regular Full -Time Staff and Part-time Staff
A. Selection:
Once a successful candidate has been selected through the recruitment
screening process and the necessary references have been obtained, the
hiring manager shall submit the following documentation to the Human
Resources Department:
1. Personnel Action Form: A completed Personnel Action To=
shall accompany the selected candidate's application.
2. Offer Letter
a) Upon receiving all necessary approvals, a hiring letter to
the successful candidate should be drafted detailing all
pertinent information including: salary, grade, start date,
evaluation timeline information, work schedule, exempt or
non - exempt status, as well as any prerequisite, pre -offer
requirements that must be completed.
b) The letter should be signed by the department director or
designee.
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TOWN OF LEESBURG PERSONNEL PROCEDURES MANUAL
B. Post Offer Procedures
1. Once the applicant accepts the position, the hiring manager shall
promptly notify the Information Technology, so that appropriate
computer access can be established.
2. Once a position is filled, Departments shall promptly return all
applications and recruitment paperwork to the Human Resources
Department. Applications should be returned no later than two
weeks after the start date of the new employee.
3. Notification to all unsuccessful candidates will be sent out by the
Human Resources Department.
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TOWN OF LEESBURG PERSONNEL PROCEDURES IMA -NUAL i
Section 5: Employee Compensation
5.1 Application
The terms of this Article shall not apply to the following positions and categories:
• Town Manager
• Town Attorney
The merit increase provisions of this Section shall not apply to flexible full -time
employees, and flexible part-time employees.
5.2 Adoption
The salary schedule shall be adopted annually by the Town Council.
5.3 Salary Schedule
The salary schedule is the formal method used to identify and uniformly establish the
range of pay for all positions within the classified service. The salary schedule is based
on the grade number assigned to each position and the salary range assigned to that pay
grade as adopted annually by the Town Council.
5.4 Administration of Salary Schedule
The rates of pay established in the Compensation Plan reflect the gross annual
compensation for full -time service employees in the various classifications. The regular
hours of work for full -time service are established as 37.50 or 40 hours per week
dependent on terms of employment established upon hire.
Employees' hourly rates shall be determined from the salary schedule based upon the
number of regular hours of work per pay period assigned to the position using a 52 week
year. The hourly rate of pay for employees appointed on a part -time basis shall reflect,
when practicable, the hourly rate determined for the applicable pay grade for the position
based on the hours worked.
The Town Manager shall include in the proposed fiscal year budget any recommended
changes to the salary schedule for consideration by the Town Council.
Authorized deductions from an employee's gross pay include: federal and state income
taxes, contributions for social security (FICA and Medicare), health insurance premiums,
supplemental insurance, credit union, bank and deferred compensation, court- ordered
garnishments, and other approved deductions.
Compensation shall be payable in appropriate installments on a bi- weekly basis.
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TOWN Or LEESBURG PERSONNEL PROCEDURES MANUAL
The Compensation Plan shall be adjusted for cost of living allowance (COLA) as
approved by the Town Council. The COLA amount is effective on the first full pay
period of the fiscal year, when approved by Town Council.
5.5 Pay Determination
A. Entry Level Pay
The entry -level pay rate for new employees shall normally be at the minimum
rates within the pay ranges provided for the position, except that
compensation of employees with qualifications and experience beyond the
minimum required may be fixed at higher amounts within the respective
ranges. Department directors have authorization to make entry level offers at
the minimum pay for the respective range. Entry level offers above the
minimum pay for the respective pay range must be approved by the Town
Manger upon consultation from the Human Resources Director. No employee
shall receive an entry level pay rate below the minimum pay rate prescribed
for the class to which he /she is appointed.
B. In -grade Service Increments
No service increment shall be granted above the maximum rate prescribed for
the pay grade by the compensation plan. The exception would be ajustified
and approved pay increase that would put an individual above the maximum
rate prescribed provided this increase is included in the approved budget, and
does not exceed 5 %.
C. Merit Increase
Regular full -time and regular part -time employees are eligible for a merit
increase on their evaluation date dependent upon funding by the Town
Council in the annual budget. See Section 11 Performance Evaluation.
D. Other Pay Rate Adjustments
The following personnel actions shall also affect the pay status of an employee:
1. Promotion: When an employee is promoted from one position
to another having a higher pay grade, he /she shall receive an
increase of not less than two percent, but not more than ten
percent or at least the minimum of the new grade. In general,
increases related to promotions represent 5% per pay grade.
The evaluation date for an employee changes to the date the
promotion becomes effective.
2. Demotion: When an employee is demoted for cause or takes a
voluntary demotion from one class to another having a lower
pay range, he /she shall be placed within a lower pay range
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TOWN OF LEESBURG PERSONNEL PROCEDURES MANUAL
which generally provides a five percent reduction in pay. When
an employee is demoted for administrative purposes through no
fault of the employee, his/her pay shall continue at his/her
current rate of pay. The evaluation date for the employee
changes to the date the demotion becomes effective.
3. Position Reclassification: When an employee's position is
reclassified to a higher grade within the classification plan,
he /she shall be placed at the minimum salary within the grade,
which equals or exceeds his/her previous rate of pay. The
employee may receive a percentage increase in certain situations
when approved by the Town Manager. The evaluation date for
the employee does not change for reclassifications.
4. Layoff: When an employee, following layoff, is re- employed in
the same class from which he /she was laid off, he /she may be
placed in the same pay range he /she occupied at the time of
layoff. When an employee is re- employed in a class having a
lower pay range, his/her rate of pay shall be the same as that
he /she received at the time of the layoff, provided that the pay
rate is within the range of a lower class; otherwise, his/her rate
of pay should be reduced to the maximum of the pay range in
_ the lower class. Any employee re- employed under the
provisions of these rules shall receive credit for previous service
for the purposes of pay and benefits.
5- Reinstatement: An employee who resigns in good standing
and is reinstated within one year from the date of resignation,
may be placed in the same pay within the class from which
he /she resigned, or such other pay in a lower class which equals
or exceeds his/her previous rate of pay. Vacation leave accrual
rates shall be based on prior years of service.
6. Retiree Pay: When an individual who has retired from the
Town comes back to work for the Town on a temporary basis,
the work performed is paid at the rate appropriate to the work
being performed. Compensation rates will be determined on a
case -by -case basis by the Town Manager.
7. Interim Director: In the absence of the department director, the
interim director (not including the deputy or assistant director of
the department) shall be compensated at an additional 5% of
their current salary.
S. Certification/Licensing: When an employee receives a
professional certification or license from an accredited college or
university, professional society or organization which is required
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TOWN of LEESBURG PERSONNEL PROCEDURES MANUAL
by or enhances the employee's job, he /she may receive a
percentage pay increase effective upon the date on which the
license or certification was awarded as long as the salary
increase from licensing and/or certification does not exceed 5%
within a twelve month period. The department director must
support the certification for the employee to be eligible to
receive the percentage pay increase. (Employees covered by any
department approved career development plan may not be
eligible for these provisions.)
a) Eligibility Criteria: The following criteria will be used in
determining if supplemental compensation is
appropriate: (1) if the license is required in the
performance of the job; (2) if there is a clear economic
benefit for the Town when the employee receives the
license or certification; or (3) a significant level of effort
is required to obtain the certification and national
professional recognition is attached to the certificate.
b) Additional Compensation Conditions:
i. Employees will receive compensation as
part of their base salary, not as a one -time
payment. Compensation generally will be
5% for a license, 2.5% for a technical or
professional certification, and 0.5% for
each Automotive Service Excellence (ASS)
certification. From time to time, the Town
Manager will revisit the terms and
conditions regarding compensation for
licensing and certification.
ii. An employee whose position requires or
allows multiple licenses or certification
may receive no more than 5% in such
compensation within a 12 -month period.
iii. If employees are unable or unwilling to
renew the license or certification, they will
forfeit additional compensation in the same
percentage as they received for the license
or certification, based upon the salary at the
time of the increase.
iv. Costs forjob - required licenses and
certifications, including renewals, shall be
home by the Town. Department directors
will have discretion in determining what
costs should be covered or shared by
employees in obtaining licenses or
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TOWN OF LEESBURG PERSONNEL PROCEDURES MANUAL
._ certifications that are preferred but not
required.
V. Employees who benefit from a license or
certification program (more than $2,500)
will be required to reimburse the Town for
training expenses similar to the tuition
reimbursement program if they leave Town
employment (see Section 9, Training and
Development for details).
vi. Compensation may be received for
positions up through Grade 16. Directors
are expected to maintain their required
licenses or certifications with no additional
compensation.
vii. If an employee obtains a Commercial
Drivers License (CDL) even though it is
not a requirement of the current position
but is a requirement in a higher -level career
ladder position, the employee maybe
eligible to receive up to 5% compensation
with the department director's approval.
c) Review Committee
A review committee, comprised of all department
directors, will be established from time to time to
approve requests for new licenses, certifications or
certificates not already approved through past practices.
Per the Town Manager, there will be a process described
herein for revisiting terms and conditions for pay
increases for licensing and certification.
d) Processfor Requesting Pay Increases
i. All requests for pay increases for
certifications and/or licensing will be
submitted by an employee on a Personnel
Action Form, with an attached copy of the
license or certification, through the
department director to the Human
Resources Department.
it. The Human Resources Department will
verify the licensing /certification
information and forward it to the Town
Manager for approval.
iii. If approved by the Town Manager, the
increase in pay becomes effective upon the
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TOWN OF LEESBURG PERSONNEL PROCEDURES MANUAL
date on which the license or certification is
awarded.
5.6 Fair Labor Standards Act (Overtime and Compensatory Time)
A. Overtime and Compensatory Time
1. As a matter of policy, the Town strives to provide adequate staff to
handle normal operations. However, employees may be required to
work overtime, at the discretion of the supervisor, to resolve operating
emergencies; to handle peak workloads; to meet temporary conditions
where the Town is unable to secure qualified personnel to fill authorized
positions; or on other occasions as deemed necessary in the judgment of
the responsible supervisor.
2. The Town has determined that various executive, administrative, and
professional employees are exempt from the overtime requirements of
the Fair Labor Standards Act (FLSA). The list of these positions is
maintained by the Human Resources Department. (See current
Classification and Compensation Plan.)
1. The Pay and Classification Plan is updated annually by
the Human Resources Department and includes (1) a
note defining that officers are employees at grade 15 and
above and (2) the FLSA exempt status of each position.
3. All non - exempt employees shall receive overtime pay or compensatory
time off for the time worked (calculated to the nearest 15 minutes) in
excess of 40 hours per week during any payroll period. Overtime pay
and compensatory time shall be at the rate of one and one -half times
regular pay. Compensatory time, for those non - exempt employees on a
37.50 hour per week schedule, can and shall be earned at the rate of one
hour for each overtime hour worked up to 40 hours. For purposes of
determining overtime, time spent on authorized paid leave (not
including holidays) shall be computed as time worked. Notwithstanding
the above, employees on paid vacation or sick leave required to report to
work during their regular hours, shall have the time worked deducted
from the vacation or sick leave previously authorized. For example, an
employee who was authorized for five days of vacation and is called in
on the third day and works for the next two days will have the two days
restored to his/her vacation balance.
4. All non - exempt employees called back to the work site outside their
regular work hours shall receive compensation at a rate of one and one -
half times their regular rate of pay for, at minimum one hour's work.
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TOWN OF LEESBURG PERSONNEL PROCEDURES MANUAL.
5. Regular compensation for all positions grade 15 and above includes
amounts for overtime in performance of duties in excess of the regular
workweek, which may include attendance at meetings of the Town
boards and commissions, emergencies, and otherjob related activities.
Positions grade 15 and above are not eligible for overtime pay or
compensatory time as provided in this article.
6. The Town reserves the right to offer exempt employees' compensatory
time off in lieu of payment for overtime hours worked, consistent with
the provisions of the FLSA. Use of compensatory time must have the
approval of the department director or designee. Exempt employees
below grade 15 will be allowed to accumulate compensatory time off up
to a maximum of eighty (80) hours. Once the eighty -hour cap is
reached, any additional time worked will be unpaid.
i. Such personnel are permitted, when authorized by the department
director, to take the time from regular work hours when needed for
personal affairs without deducting said time from vacation leave, so
long as such time does not adversely affect the performance of the
position's duties and responsibilities.
B. Travel Time
The principles which apply in determining whether time spent in travel is
compensable time depends upon the kind of travel involved.
1. Paid Travel Time
a) Travel that is All in the Day's Work - Time spent by an employee
in travel as part of his/her principal activity, such as travel from job
site to job site during the workday, is work time and must be
counted as hours worked.
b) Travel Away from Home Community - Travel that keeps an
employee away from home overnight is travel away from home.
Travel away from home is clearly work time when it cuts across
the employee's workday. The time is not only hours worked on
regular working days during normal working hours but also during
corresponding hours on nonworking days.
2. Un -paid Travel Time
a) Lectures, Meetings and Training Programs - Attendance at
lectures, meetings, training programs and similar activities is not
considered work time if all four of the following criteria are met:
(1) it is outside normal hours, (2) it is voluntary, (3) it is not job
related, and (4) no other work is performed at the same time.
b) Home To Work Travel - An employee who travels from home
before the regular work day and returns to his /her home at the end
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TOWN OF LEESBORG PERSONNEL PROCEDURES MANUAL
of the workday is engaged in ordinary home to work travel, which
is not work time.
c) Travel Away from Home Community- The Town will not
consider as work time that time spent in travel away from home
outside of regular working hours as a passenger on an airplane,
train, boat, bus, or automobile.
5.7 Holiday Pay
Employees required to be on duty during a holiday because of the nature of their position,
emergencies or any other reason shall receive holiday pay equal to one and one -half times
the regular hourly rate for each hour worked or compensatory time, either of which shall
be in addition to their regular pay. Employees required to report for duty at hours outside
their regularly scheduled workday within the 24 -hour period of a paid holiday shall be
paid at the rate of one and one -half times regular pay or given compensatory time.
A. Examples:
1. Holiday pay shall be granted based on the scheduled work day of the
employee. Example: employees regularly scheduled for a 7.5 hour day
will receive 7.5 hours of holiday pay; employees scheduled for eight, 10 or
12 -hour shifts will receive holiday pay in accordance with the hours
scheduled.
2. Holiday pay shall be at the regular rate. Employees working on a holiday
shall receive holiday pay and pay for the hours worked at one and one -half
times the regular hourly rate. Example: An employee working an 8 hour
shift on a holiday would be paid 8 hours of straight lime, and 12 hours of
holiday pay (time and a half) for a total of 20 hours of paid time.
3. Employees who are called into work on a holiday during their regular shift
for emergencies will receive full holiday pay and regular pay for the hours
worked. Example: An employee who worked a regular 10 -hour day is off
on a holiday, but is called in to work for four hours. The employee would
receive 10 hours of holiday pay and four hours of pay equal to one and
one -half times the regular hourly rate of pay or compensatory time.
4. Employees required to report for work at hours outside their regularly
scheduled work day within 24 -hour period of the holiday shall be paid at a
rate of one and one -half times regular pay or given compensatory time at
the rate established for exempt or non - exempt employees.
B. Holidays for Regular Part -time Employees
All regular part-time employees scheduled to work an average of 20 hours or
more per week on a continuous basis shall receive four hours holiday pay for
each holiday provided to regular full -time employees. Holiday pay shall be
based the same as vacation pay. Regular part -time employees will also receive
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TOWN of LEESBURG PERSONNEL PROCEDURES MANUAL
_. one and one -half times the regular hourly rate of pay for each hour worked on
a holiday.
5.8 Emergency Pay.
A. Employees who are required to work during a period for which emergency
leave has been granted are entitled to compensation in addition to emergency
leave in accordance with this manual.
B. Employees required to report to work during a Town -wide emergency will be
paid for Emergency Leave and regular pay during their regular assigned shift.
Employees required to work hours outside of their regularly assigned shift
when an emergency weather plan is in effect will be paid overtime only at one
and one -half times regular pay as provided in the Town Code.
C. Overtime pay rates are applicable after the scheduled shift hours.
D. All hours worked beyond the scheduled shift shall be compensated at a rate of
one and one -half times the regular pay.
E. All employees called to work outside their regular scheduled work hours shall
be compensated at a rate of one and one -half times the regular pay for at least
one hour of work.
F. If, as a result of an emergency, an employee is required to work two or more
consecutive shifts or significantly beyond his/her scheduled hours so that
reporting to work on his/her next scheduled workday is not advisable,
consideration shall be given to altering his /her work schedule for that week
rather than requiring the employee to take personal leave.
5.9 Other Items Affecting Compensation
See the benefits section for additional items not listed below.
A. Cell Phones
Town cell phones are provided to employees based upon recommendations
from department directors. The Town discourages the use of Town cell
phones for personal calls. However, if an employee chooses to use a'fown
cell phone for minimal personal calls, he/she shall reimburse the Town $5 per
month. This payment may be automatically deducted from their paycheck.
B. Uniform Allowance
Work clothes and uniform allowance and reimbursements must meet the
following criteria to be non - taxable: 1) be specifically required as a condition
of employment; 2) not be adaptable to general usage as ordinary clothing; and
3) not worn for general usage. Generally, clothing with a readily
distinguishable logo or employer's name is not considered suitable for general
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TOWN OF LEESBURG PERSONNEL PROCEDURES MANUAL
wear. (Note: if the clothing qualifies as tax free, the cleaning is also tax free
when paid by the entity.)
However, any employee receiving a uniform allowance and reimbursement to
purchase clothing that may be worn for general usage is included in taxable
wages and subject to federal income tax withholding and FICA withholding.
C. Safety Shoes
The safety shoe reimbursement to employees is considered a taxable benefit
as the reimbursement does not meet the following criteria to be non - taxable:
1) be specifically required as a condition of employment; 2) not be adaptable
to general usage as ordinary clothing; and 3) not worn for general usage.
D. Town Vehicles
For employees who receive a vehicle allowance as a contingency for hiring,
this allowance is a taxable benefit and will be included in taxable wages and
subject to federal income tax withholding and FICA withholding.
For all employees assigned a take -home vehicle (except for those exempted
by IRS regulation) an allowance, determined by the Town Manager, shall be
deducted from their paychecks each pay period to reimburse the Town for
their fuel expenses to commute to and from the work place. The allowance
shall be equitably enforced by common standards. The Director of Finance
will conduct annual reassessments of fuel charges on July 1 of each year. An
adjustment shall also be made, at any time, if an employee changes his/her
location of residence. Each employee who has a take home vehicle is
responsible for notifying the Director of Finance and Director of Human
Resources when his/her residence changes.
IRS Treatment of Take -home Vehicles: IRS regulations state that any use of
a take -home vehicle including the daily commute is considered a taxable
fringe benefit. Each day of vehicle use to and from work shall constitute a
benefit, determined by the IRS, for taxation purposes; including temporary
take home vehicle use. The Town's police and some utility vehicles (as
defined by the IRS) are exempt from these regulations. The Director of
Finance shall be responsible for providing a process whereby the taxable
benefit can be applied only on days where the car is used for commuting
purposes.
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TOWN OFLEESBURG PERSONNEL PROCEDURES MANUAL
Section 6: Holidays, Work Schedules, and Leave Policies
6.1 Policy
A. For all leave, with the exception of official holiday, sick, administrative or
unscheduled leave, an employee is required to submit a signed Personnel
Action Form indicating the type of leave, duration and dates of departure and
return. The leave form must be approved prior to the taking of leave. In the
case of sick leave or unscheduled leave, the leave form shall be completed and
submitted for approval immediately upon the employee's return to work.
B. All employees who are absent from duty without approval shall receive no
pay for the duration of the absence and shall be subject to disciplinary action
which may include termination.
C. It is recognized that there may be extenuating circumstances for unauthorized
absence and due consideration shall be considered on a case by case basis by
the employee's supervisor.
D. Leave will be earned by regular full time employees beginning from the date
of appointment to the regular full time position. Full time service credit will
be given for part time regular service on a pro -rated basis.
E. Leave used shall not exceed the total amount accrued by an employee at the
time of absence. No leave shall be advanced to any employee. Leave without
pay may be granted by the Town Manager for leave extending beyond the
amount accrued. Employees may use annual leave or compensatory leave for
sick leave when sick leave credits are exhausted.
F. All leave credits held by a regular full time or part time employee at the time
of promotion or transfer from one department to another shall be transferred to
the new department.
6.2 Application
The terms of this section shall only apply to all regular full time and regular part time
employees. Flexible employees may have additional procedures that must be followed as
directed by their department director.
6.3 Department Work Schedules
A. Scheduling
1. Department directors or their appointed designee shall establish work
schedules for employees in accordance with the current Fair Labor
Standards Act.
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TOWN OF LEESBURG PERSONNEL PROCEDURES MAN UAL
2. All employees are expected to report to work on time and are to be absent
only in the event of illness, pre - approved leave, or an emergency situation.
3. Flexible work schedules may be utilized by departments in order to meet
operational demands and to the extent possible, the needs of the
employees. Flexible work schedules may include beginning early and
working late, provided the department director assures that adequate
staffing is maintained during the regular operating hours. Department
directors or designees will determine and approve flexible work schedules
for their employees.
B. On -Call Status
1. Department directors, or their designees, are authorized to schedule work
where an employee may be required to be "on- call."
2. An employee should only be required to be on -call, if it is essential for
such employee to be immediately available to return to duty outside of
his/her regular duty hours or on a holiday.
3. For the administration of on -call pay, see Section 5 Compensation. - C. Re -Call Status
1. Department directors, or their designees, are authorized to schedule work
where employees may be required to be on "re -call status."
2. Re -call status is when employees are placed on the Town's Emergency
Call List. These employees may be called upon during non - operational
hours when an emergency or other situation that needs immediate attention
arises. Usually, the first person on the list is contacted first. If they are not
available, the next person on the list would be contacted, until someone is
found that is available to respond.
3. These employees will be paid overtime when these situations arise. For
additional pay related details, please refer to Section 5 Employee
Compensation.
D. Light /Alternative Duty Policies
1. It shall be the policy of the Town to provide, when possible, light/alternative
duty assignments to employees recovering from an injury or illness when
restrictions have been set by the treating physician. This policy is intended
to maximize employee productivity time as well as provide a therapeutic
work assignment consistent with the employee's physical or mental
capabilities during the recuperation period and prior to returning to full
activity.
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TOWN OF LEESBURG PERSONNEL PROCEDURES MANUAL
2. This program will include employees who are recovering from ajob - related
- injury or illness for which worker's compensation benefits are being
provided. It may also include employees who are recovering from non-
work- related injury or illness, at the discretion of the employee's department
director or their designee. Written restrictions must be provided from the
treating physician to the employee's department director or their designee
prior to assignment to light/alternative duties.
3. The employee's department director or their designee shall make the initial
determination of eligibility for participation. In cases of doubt or dispute,
the Town Manager shal l make the final determination.
4. Light/altemative assignments shall be in the employee's regular department.
If no such assignment is available, the employee may be temporarily
assigned to another department. Wages shall be at the rate of the pay the
employee receives in their regular position.
5. The Town is under no obligation to provide a light/alternative duty
assignment. Light/altemative duty assignments will be given at the
discretion of the Human Resources Director, the employee's department
director, and the department director where the work will be done or their
designees. In cases of doubt or dispute, the Town Manager shall make the
final determination. Any action concerning light/altemative duty
-- assignments shall not be subject to the grievance procedure.
6. Every attempt will be made to accommodate the employee's schedule to
ensure that the employee is able to attend medical appointments and
maintain consistency in their personal lives.
7. Light/altemative duty assignments will initially be available for a period of
up to 120 days. If at the conclusion of 120 days it is determined by the
employee's treating physician that the employee is unable to return to
his/her regular position without limitations, the department director shall
determine whether a reasonable accommodation may be made which
would allow the employee to perform the essential functions of his/her job,
continue light duty, or if a job reassignment is possible without undue
hardship to the Town.
8. Once off light/alternative duty status, an employee must be back to work at
least 120 calendar days before going on light duty status again.
9. Employees offered light/altemative duty assignments who do not accept
such an assignment shall receive no salary or disability payments unless the
Town or Workers' Compensation Appeals Board makes a determination to
the contrary.
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TOWN OF LEESBURG PERSONNEL PROCEDURES MANUAL
10. The employee may continue to work in the lightlaltemative duty assignment
during a worker's compensation appeals process; or may elect to remain off
work in a non -pay status by obtaining an approved leave of absence without
pay pursuant to the personnel rules of the Town until medically cleared to
return to thew regular position or a decision is rendered by the workers
compensation board.
E. Telecommuting
1. The Town will support telecommuting when appropriate with the prior
approval of the department director, Information Technology Director and
the Town Manager.
6.4 Holiday Leave
A. Holiday Observance:
The Town provides all employees with a minimum of 12.5 paid days off from
work for each calendar year for holiday observance. The actual dates of
holidays are published by the Human Resources Department each year and
distributed to all departments for posting.
B. Holiday Dates:
_ The following will be observed as paid holidays for all Town
employees not specifically exempt from this section:
1. First day of January - New Year's Day
2. Third Monday in January - Martin Luther King, Jr's Birthday
3. Third Monday in February - President's Day
4. Last Monday in May - Memorial Day
5. Fourth Day of July - Independence Day
6. First Monday in September - Labor Day
7. Second Monday in October - Columbus Day
8. Eleventh Day in November - Veteran's Day
9. Fourth Thursday in November - Thanksgiving Day
10. Fourth Friday in November - Day after Thanksgiving
11. Twenty -forth day of December — Christmas Eve half -day off
12. Twenty -fifth day of December - Christmas Day
13. Twenty -sixth day of December - Day after Christmas
14. Last Day of December - New Year's Eve - Close 3 hours early
*To be observed when New Year's Eve falls on a weekday.
C. Pay for Employees Required to Work on Holidays (Section 5 Employee
Compensation)
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TOWN OF LEESBURG PERSONNEL PROCEDURES MANUAL
D. Holidays for Part -Time Employees
All eligible regular part-time employees scheduled to work an average of 20
hours or more per week on a continuous basis shall receive half of the holiday
pay for each holiday that regular full time employees receive.
6.5Annual Leave
A. Annual Leave Accrual
All regular full -time employees in the service of the Town shall be
credited with annual leave after it is earned at the following
amounts (with the exception of department directors):
YEARS OF SERVICE:
less than two years
2 years
3 years
4 years
5 through 9 years
10 through 14 years
15 through 19 years
20 years plus
DAYS PER YEAR:
12 days
13 days
14 days
15 days
18 days
21 days
24 days
26 days
Regular part-time employees who work an average of 20 hours or more per
week shall be eligible to accrue annual leave benefits at half the rate of
regular full time employees.
Employees must use annual leave in amounts proportionate to their normal
work hours. Employees working a regular 40 -hour week (80 -hour payroll
period) shall use annual leave based on an 8 -hour day. Employees working
a 37.50 -hour week (75 -hour payroll period) shall use annual leave based on
a 7.50 hour day. Employees that work a 12 hour shift shall use annual leave
based on a 12 hour day. Part -time employees working a 20 -hour week (40-
hour payroll period) or more shall use annual leave based on a 4 -hour day.
B. New employees with the exception of department directors shall begin
accruing annual leave during the first full two -week payroll period worked.
Department directors will be granted 15 days of annual leave on their hire date
and each subsequent anniversary date until the fourth anniversary at which
point they begin accruing annual leave at the same rate as all other regular
full -time employees.
C. All annual leave requests will require prior approval from the applicable
department director.
D. The Town Manager shall require that all employees use a minimum of five
days of annual leave of the total accrued during each year. Employees are
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TOWN OF LEESBURG PERSONNEL PROCEDURES MANUAL
able to maintain annual leave to a maximum of two times the annual accrual
rate.
E. Employees may not accrue annual leave beyond the established limits.
However, the employee may be allowed to accrue annual leave beyond the
established limits when authorized by the Town Manager in cases where job
constraints do not allow the employee to use annual leave.
F. Upon voluntary separation, an employee shall be paid for any unused accrued
annual leave.
6.6 Sick Leave
A. All regular employees in the service of the Town shall be credited with sick
leave after it is earned at the following rates:
Regular hours worked per Amount accrued per Days accrued
2 - week pavrol I period 2 -week pavroll period Annually
80 3.70 12
75 3.46 12
40 1.85 6
Sick leave is earned regardless of the years of service. Regular part-time
employees who work an average of 20 hours or more per week shall accrue
sick leave benefits at half the rate of regular full time employees.
Employees most use sick leave in amounts proportionate to their normal
work hours. Employees working a regular 40 -work week (80 -hour pay
period) shall use sick leave based on an 8 -hour day. Employees working a
37.50 -hour week (75 -hour pay period) shall use sick leave based on a 7.50
hour day. Employees that work a 12 hour shift shall use sick leave based on
a 12 hour day. Employees working a 20 -hour week (40 -hour pay period)
shall use sick leave based on a 4 -hour day.
B. Employee use of sick leave shall be limited to the following circumstances:
1. Personal illness or injury.
2. Visits to physicians, dentists, optometrists, and other approved medical
professionals for personal health care.
3. Family illness or injury.
4. Quarantine.
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TOWN OF LEESBURG PERSONNEL PROCEDURES MANUAL
C. To receive paid sick leave, an employee must notify his /her department director
prior to his/her starting time unless some other arrangement has been
approved by the department director. A physician's statement or examination
by a physician designated by the Town may be required by the department
director when extensive sick leave occurs.
D. Sick leave may be used for illness, injury or death of an immediate family
member. Immediate family member, for the purposes of sick leave, includes
spouse, parents, grandparents, child, grandchild, stepchild, brother, sister,
mother -in -law, father -in -law, or relative living in the same household. The
amount of sick leave used for a family member shall be limited to five (5)
days, per incident in a calendar year. If an illness /injury is severe or
catastrophic, additional use of sick leave may be allowed with the approval of
the Town Manager.
E. Employees who retire from the Town services shall be paid for 25- percent of
their unused sick leave accrued during Town employment.
F. Employees who have lost time because of illness or injury and have exhausted
sick leave may have such time deducted from annual leave.
G. If an employee becomes seriously ill or injured, and will be out of work for an
extended period of time, the Town may approve sick leave sharing for the
employee if he /she does not have sufficient leave. Employees may have 40
hours or less of their combined sick and annual leave. The determination of a
qualifying event will be done jointly by the Town Manager and the Human
Resources Director. Requests for sick leave sharing will be forwarded to the
Human Resources Department by the employee's department director or
designee.
Sick Leave Sharing is not intended to be used for Maternity Leave.
Sick leave sharing is not intended to be used instead of Long Term Disability
after the first 30 days of the illness. Employees must apply for Long Term
Disability after the first 30 days or return to work with a doctors release.
Employees may voluntarily participate in sick leave sharing, where they are
able to give from their sick leave balance to employees who exhaust their sick
leave due to illness or injury. Employees should consider, when participating
in sick leave sharing, the amount of sick leave balance needed for their own
use.
Employees must maintain a minimum balance of 100 sick leave hours to be
eligible to donate sick leave.
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TOWN OF LEESBURG PERSONNEL PROCEDURES MANUAL
Employees receiving donations will be issued the necessary sick leave to
maintain their salary at the end of a payroll period and will not receive sick
leave in a lump sum of donated hours.
Employees, who are separating from Town employment through resignation,
dismissal, retirement, etc., are not eligible to participate in donating sick leave_
H. Sick leave sharing is not intended to be used to care for ill or injured family
members. In rare cases such as this, the Town Manager may approve annual
leave sharing on a case by case basis.
6.7 Compensatory Time
Compensatory time is offered by the Town to employees whose job classifications fall
into grades 5 through 14. These employees can accumulate no more than 80 hours of
compensatory time and must adhere to the following rules:
A. The employee must obtain prior approval from his/her supervisor to work
overtime.
B. Compensatory time, for employees on a 37.5 hour schedule, shall earn one
hour for each overime hour worked up to 40 hours.
C. All compensatory time must be used within the same pay period.
D. Hours worked above 40 hours in a scheduled workweek will be automatically
converted to overtime and will not be accrued as compensatory time.
1. Overtime Rules (Employees- Grades 5 -12):
i. The employee must obtain prior approval from his/her supervisor
to work overtime.
ii. All hours above 40 hours shall be compensated at one and one -half
times regular pay.
iii. Time spent on authorized paid leave shall be computed as time
worked.
6.8 Family and Medical Leave Act (FMLA)
The Federal Family and Medical Leave Act (FMLA) of 1993 requires that all eligible
employees are provided up to 12 weeks of protected FMLA leave annually for certain
family and medical reasons. The object of this policy is to explain to employees and
supervisors when Fh4LA leave may be taken and how FMLA leave is calculated and
accounted for, giving consideration to the leave benefits employees already receive. An
employee's leave may qualify for FMLA leave, and may be designated by the Town
as FMLA leave, even when an employee does not specifically request FMLA leave.
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TOWN OF LEESBURG PERSONNEL PROCEDURES MANUAL
A. Eligibility
To be eligible for leave, employees must have been employed for at least 12
months with the Town, but the 12 months do not need to be consecutive.
Employees must also have worked 1,250 hours for the Town during the 12
months prior to the beginning of leave. In determining the number of hours
worked, annual, sick leave or unpaid leave would not be included.
B. Purposes for using FMLA Leave
If the employee meets the eligibility requirements, he /she is qualified to
receive FMLA leave for the following three purposes:
1. To take care of his/her child after birth, or placement for adoption or foster
care;
2. To care for the spouse, son, daughter, or parent of the employee with a
serious health condition; or
3. For the employee's own serious health condition.
C. Defining a Serious Health Condition
A serious health condition is defined by the Department of Labor to mean an
illness, injury, impairment, or physical or mental condition that requires
inpatient care in a hospital, hospice or residential medical care facility or
continuing treatment by a health care provider. The regulation specifically
excludes routine physicals, eye examinations or the evaluation of an illness.
D. Amount of Leave to be Taken
An eligible employee is entitled a maximum of 12 weeks of leave during any
12 month period.
FMLA leave may be taken all at once, intermittently or on a reduced leave
schedule. Intermittent leave includes leave taken in hourly, daily and weekly
increments, or spread over several months due to a single qualifying reason.
Intermittent leave will be granted if medically necessary. The Town and
employee must agree on the use of intermittent leave when taking leave for
the birth, or placement for adoption or foster care. A reduced leave schedule
is a leave schedule that reduces an employee's usual number of working hours
per day or week. FMLA leave must be taken within a year of the birth and/or
placement.
In cases where both spouses work for the Town, leave for the birth, adoption
or placement of a child is limited to 12 weeks of combined FMLA leave.
Once an employee has exhausted FMLA leave and cannot return to work, the
Town may terminate employment even if the employee has remaining accrued
leave balance.
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E. Calculation of FMLA Leave
The method used to determine the employee's eligibility to FMLA leave will
be the rolling year method. For example, when an employee starts his/her
leave March 1, he /she will not be eligible for an additional 12 weeks until the
following March 1. In determining the amount of leave taken, a holiday
occurring within a week has no effect; the week is still counted as a week of
FMLA leave.
F. FMLA Leave with or without pay
The law provides that an employee may elect, or an employer may require the
employee to substitute accrued annual leave for unpaid leave. Eligible Town
employees will be required to use paid leave prior to going on unpaid leave.
1. For the employee's own serious health condition:
An employee's accumulated sick leave is counted toward the 12 weeks
he /she is entitled to under FMLA for his/her own serious health condition.
The employee will also be required to use his/her accrued annual leave
and any accrued compensatory leave before taking unpaid FMLA leave.
The employee may also be eligible for long term disability payments if the
condition of the leave meets the qualifications of the plan.
2. For the care of an immediate family member's serious health condition:
__. Eligible employees will be required to exhaust accrued annual leave and
any accrued compensatory leave. The employee may also use a limited
amount of sick leave.
3. For birth or placement of a new child:
Eligible employees will be required to use accrued annual leave and
accrued compensatory leave for the birth or placement of a new child.
The employee may also make use of accrued sick leave. This will apply
in the case of maternity leave, in which case the employee will be required
to exhaust sick leave first. Please refer to Maternity Leave policy 6.9 in
this Section.
G. Benefits while on FMLA Leave
Employees who take FMLA leave are entitled to be restored at the conclusion
of their leave to the same job or an equivalent job. Taking FMLA leave
cannot result in the loss of any employment benefit accrued before the leave
began.
The Town will maintain healthcare coverage for employees who take FMLA
leave based on the same conditions that would have been provided had the
employee not taken leave. That is, group policies remain in effect, with both
employee and employer paying their respective share of any premiums.
The employee's share of the health insurance premiums will be deducted from
his/her payroll check while on paid leave. Premium payments that are due
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TowN OF LEESBURG PERSONNEL PROCEDURES MANUAL
when the employee is on unpaid leave will be collected on a pre -tax basis
upon the return of the employee from FMLA leave. This will be
accomplished by making multiple health care premium deductions per pay
period (not to exceed 4). If an employee fails to return to work in his /her
original or equivalent full time position after the employee's FMLA leave
entitlement has expired (unless for medical disability), the employee must
reimburse the Town for all health benefit premiums paid by the Town (i_e, the
employee's share) during the period of unpaid FMLA leave.
Evaluation dates and leave accrual dates for employees on FMLA leave will
not change during their absence.
Life insurance and long -term disability benefits will be maintained by the
Town while the employee is on FMLA leave without pay. Contributions
toward VRS are discontinued when an employee is on FMLA leave without
pay.
1. Worker's Compensation:
An employee who is on worker's compensation for more than three
days shall be informed in writing by the Human Resources Department
or designee that his /her worker's compensation absence may be
counted towards the employee's FMLA leave entitlement. An
employee who is receiving worker's compensation benefits while on
FMLA leave may not be forced to return to work in a light duty
assignment prior to the expiration of the FMLA leave entitlement.
H. Employee's Responsibility
Employees are required to give his/her employer at least 30 days notice that leave is
required if the need to leave is foreseeable; where the leave is not foreseeable
30 days in advance, the employee must provide notice as soon as possible;
and, in an emergency situation, the employee must provide notice no later
than two business days after the absence begins.
Employee requesting FMLA leave will be required to complete a Request for
or Designation of FMLA Leave Form provided by the Human Resources
Department.
I. Procedures for Employees Requesting FMLA Leave
When an employee requests FMLA leave, the Human Resources Department
shall provide the employee with the FMLA Leave Packet, which includes the
FMLA Fact Sheet, the Certification of Health Care Provider, the Request for
or Designation of FMLA form, and the Definitions for "Serious Health
Conditions" and gather the following information:
1. Determine the employee's eligibility. Did the employee work for the
Town at least 12 months (not necessarily consecutive) as of the date
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leave will begin? Did the employee work at least 1,250 hours during
the 12 months immediately preceding the beginning of leave?
2. Determine the estimated date for the leave. Has the employee given
at least 30 calendar days notice? If not, was 30 days notice practical?
If so, the Human Resources Department may delay the starting date to
30 calendar days from the request. The decision to delay the
beginning date must be made in writing and be made part of the
employee's personnel file.
3. Determine the type of leave requested. Does the employee want to
take intermittent leave? Remember that granting intermittent leave for
the birth, adoption, or foster cue placement of a child should be an
agreement between both the employer and the employee. Intermittent
leave for a serious health condition must be granted by the Town.
4. Determine the anticipated duration of leave. Remember, a total of
12 workweeks within the fixed 12 -month "leave year" is the maximum
that is permitted. Requests for leave beyond the stated maximum
would be subject to approval under other applicable leave policies.
S. Check the employee's leave balance. How much sick, annual, and
compensatory leave does the employee have? For the employee's own
serious health condition, the employee must exhaust all sick leave
before going on annual leave, compensatory leave or leave without
pay.
6. Is the employee's spouse also an employee of the Town?
Remember that for new children a maximum 12 work weeks combined
is allowed between both the employees. The employee must arrange
for a health care provider to complete and return the Certification of
Health Care Provider form to the Human Resources Department.
When possible, the employee will provide the medical certification
before leave begins. When this is not possible, the employee will
provide certification within 15 calendar days of the request, unless it is
not practicable under the particular circumstances to do so despite the
employee's diligent, good faith efforts. Health Care Provider
Certification forms must be kept in a separate confidential file and be
treated as confidential medical records.
The Human Resources Department or designee must forward a
completed copy of the Request for (or) Designation of FMLA Leave
Form to the employee approving or denying the leave request. If the
request is denied, the Human Resources Department must notify the
employee in writing, outlining the reasons for denial.
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When an employee who has been out on FMLA leave for his /her own
serious health condition is ready to return to work, the employee may
be required to present a statement from his/her health care provider
certifying that the employee is medically able to return to work.
Whenever a request for FMLA leave is denied, the denial and the
reasons therefore must be made in writing and a copy sent to the
employee and placed in the employee's confidential personnel file.
6.9 Maternity Leave
Maternity Leave is leave (with or without pay) granted for pregnancy, childbirth or
related medical conditions associated with birth. Maternity leave shall be treated as a
temporary disability and accrued sick leave shall be used by the employee. If the
employee's sick leave balance becomes exhausted, the employee must use annual and
compensatory leave if additional time off is necessary. Additionally, maternity leave
without pay may be granted to an employee up to a period of 6 months. At the end of that
period, the incumbent shall be entitled to return to the same class and pay grade which she
vacated.
Health Insurance Continuation:
While on Maternity Leave, the Town will continue to provide health insurance benefits to
the employee eligible under FMLA. At the conclusion of the FMLA period, the
employee will be able to continue under the Town's group health insurance, however, the
employee will be responsible for paying 100% of the premiums.
6.10 Bereavement Leave
A. All eligible employees shall be granted up to five consecutive days leave with
pay for death occurring in the employee's immediate family. With the
approval of the Town Manager, sick leave may also be used if additional time
is needed. Immediate family, for purposes of bereavement leave, includes
spouse, child, parents, brother, and sister. For all other family members, three
consecutive days leave with pay will be granted. For the purposes of this
leave the other family members consist of grandparents, grandchildren,
mother -in -law, father -in -law or relative living in the same household.
D. Under special circumstances, m determined by the Town Manager, one or
more days off with pay for death occurring to other members of the
employee's family not listed above, may be approved.
C. Bereavement leave may be granted to attend the funeral of a former employee
with the Town Manager's approval.
D. Employees requesting bereavement leave may be required to provide
documentary evidence of the relative's death to qualify for paid leave.
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6.11 Military Leave
A. Military Leave with Pay
An employee who is a member of an officially recognized reserve
or National Guard unit shall be entitled to 15 work days, per fiscal
year, of military leave for training purposes or active duty and shall
be paid regular pay. Fifteen days per fiscal year is normally meant
to be consecutive, but may be fragmented or nonconsecutive if
supported by military orders. There will be no charge against any
other leave. The employee must be on paid status to be paid
military leave.
When performing reserve drills or training that is in excess of
fifteen workdays, the employee will be considered to be on
military leave without pay. Such employees shall not be charged
with annual, sick or compensatory leave when absent for
attending such reserve drills or training, unless the employee so
elects.
B. Advance Notice
An employee who is leaving to perform military service must
provide advance written notice to his/her immediate supervisor
(including the best approximation of the expected dates of the
leave). If military orders are not available in advance of the
military leave, the employee shall provide his/her immediate
supervisor with oral notice as soon as the date of the military leave
is known. A copy of the orders or other documentation shall be
provided to the immediate supervisor as soon as possible, as the
orders or documentation become available. If orders are not
available, a letter from the commanding officer or other authorized
representative will be sufficient.
C. Military Leave Pay for Reservist Called to Active Duty
An employee who is called to active duty may have his/her military salary
supplemented for up to one year provided he/she submits military salary
information to the Human Resources Department before the commencement
of the leave. Additional pay supplement may be approved by the Town
Manager.
Sick leave and annual leave will continue to accrue while the employee is on
active duty.
D. Voluntary Enlistment in the Uniformed Services of the United
States
Employees that plan to serve for up to five years in the uniformed
services shall be placed on a military leave of absence status.
Employees may use their annual leave, and/or compensatory leave
before being placed on military leave. These employees will not
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accrue annual, or sick leave while on voluntary military leave.
Reemployment will be afforded if required conditions are met.
E. Basic Provisions and Requirements for Re- employment
The Town shall reemploy military service members to the same or
an equivalent position if they meet the following criteria consistent
with Federal law:
1. The employee must have given notice to his/her department
that he/she was leaving the job for service in the uniformed
services, unless giving notice was precluded by military
necessity or otherwise impossible or unreasonable;
2. The period of service must not have exceeded five years;
3. The person must not have been released from service under
dishonorable or other punitive conditions; and
4. The person must have reported back to the job in a timely
manner or have submitted a timely request for
reemployment.
'Ihe restoration timelines are based on the duration of
military service. The time limits for returning to work are as
follows:
a) Less than 31 days ofservice: The employee must
request reemployment by the beginning of the first
regularly scheduled work period after the end of the last
calendar day of duty, plus time required to return home
safely and an eight- hour rest period. If this is
impossible or unreasonable, then as soon as possible.
b) 31 to 180 days of service: The employee must request
reemployment no later than 14 days after completion of
military service. If this is impossible or unreasonable
through no fault of the employee, then as soon as
possible.
c) 181 days or more of service: The employee must request
reemployment no later than 90 days after the completion
of military service.
d) Notice by disabled persons: Returning employees who
me hospitalized for or convalescing from injuries
incurred in or aggravated by military service may apply
for reemployment within two (2) years following the
recovery from such injuries. Generally, employees
selected to fill vacancies created by persons on military
leave shall be employed on a provisional basis.
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Department directors may waive this provision if they
believe there will be a comparable vacancy available
upon the departing employee's return from military
service. Upon returning to the Town, the employee may
return to the same or comparable position.
F. Health Insurance
When Military Leave is less than 31 days, the employee that is
participating in the Town's health insurance program prior to the
beginning of leave, will be provided health insurance under the
same conditions that existed prior to the leave.
When Military Leave lasts more than 31 days, the Town will
continue to provide health insurance coverage for the employee and
his or her family under the same conditions that existed prior to the
leave, for up to one year. Upon the conclusion of the first year of
military service, the employee will be entitled to continue health
insurance coverage for an additional year. At this time, the
employee may be required to pay not more than 102 percent of the
full premium. The employee may choose to decline health
insurance coverage while on military leave.
Upon return from Military Leave, the employee's health insurance
coverage will be reinstated without any waiting period or exclusion
for preexisting conditions. However, this rule will not apply to the
coverage of any illness or injury determined by the Secretary of
Veterans Affairs to have been incurred in, or aggravated during the
employee's performance on military duty.
G. Retirement Plan
Each period of time served by a person in the uniformed services
on Military Leave shall, upon reemployment, not be treated as a
break in service with the Town. The Town will continue to pay
retirement contributions during Military Leave during the first year.
The Town Manager may approve payment for additional time.
6.12 Jury/Court Leave
Jury Leave - Employees called upon for jury service shall be entitled to pay
received as ajuror and their regular salary. Such leave shall not be deducted from
any other leave earned by the employee. If after reporting for jury duty it is
determined that the individual's service is not required and the employee is
dismissed for the day, and if time permits, the employee shall be required to
return to his/her regular job. Employees shall notify and present a copy of the
official notice to the applicable department director when they are selected for
jury service prior to using jury leave.
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Court Leave - An employee who is subpoenaed to appear in court in a matter
unrelated to his or her official capacity may be allowed to do so without loss of
compensation. A copy of the subpoena shall be presented to the department
director. If employee is subpoenaed to appear in court on a matter related to
his/her official capacity with the Town, a copy of the subpoena must be provided
to the Town Attorney.
6.13 Public Safety Leave
Employees who are listed by the Loudoun County Department of Fire and Rescue
Services as active members of the Leesburg Volunteer Fire Department or Rescue
Squad may respond to calls within the Town's corporate limits during normal
working hours without loss of pay and without charge of any leave accrued.
Regular volunteer activities, events or training me not included.
A. Eligible employees are responsible for:
1. Making their supervisors aware of their commitment and volunteer status.
2. Providing proof of hours and calls which they have responded to if
requested by supervisor.
3. Assisting with an emergency situation without undue disruption to the
operational requirements of the department. The employee will return to
normal work duties as soon as practicable following the completion of
functions associated with the emergency situation.
B. Ineligible Employees.
1. Police Officers and civilian Police Department employees who are
deemed essential by the Chief of Police are not eligible for Public Safety
Leave,
2. A department director can deem essential employees ineligible for Public
Safety Leave,
6.14 Professional Leave
At the department director's discretion, employees may attend local, regional and or state
meetings, serve on boards, committees, task forces, etc, in an official capacity during
normal working hours and shall not be required to use their annual or compensatory
leave. Employees shall use annual or compensatory leave for attendance at functions
which are determined to not be official.
6.15 Administrative Leave
Leave of absence with or without pay for the purposes of (1) an employee to be off work
as recommended by the department director and approved by the Town Manager; or (2)
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TOWN OF LEESBURG PERSONNEL PROCEDURES MANUAL
investigating disciplinary charges against an employee. In cases where compensation is
not approved, annual, sick or compensatory leave may not be used.
6.16 Leave Without Pay
No advance leave shall be given when leave has not yet accrued. However, the Town
Manager may authorize leave without pay. While in a leave without pay status,
employees may not accrue sick or annual leave, continue health insurance coverage or
any other benefit without appropriate payment to the Town to continue such benefits.
6.17 Education Leave
The Town Manager may grant an employee leave without pay for a period not to exceed
one year for education continuance, when it is in the best interest of the Town.
Conditions for the use of this leave will be determined by the Town Manager on a case
by case basis.
The employee on education leave may be entitled to continue to participate in the Town's
group health insurance plan. However, the employee will be responsible for the payment
of the total cost.
6.18 Inclement Weather !Liberal Leave and Emergency Leave
A. Policy
Emergency Leave and Liberal Leave are granted by the Town Manager. Such leaves
are most frequently authorized when severe weather makes it hazardous to get to
work or requires an early release from work, or when equipment breaks down or
facility closings make it impossible to work. It may be limited to specific shifts,
time periods, or groups of employees. The policy as described below applies on
week -ends as well as during the regular Monday through Friday work week. This
policy applies to regular full -time employees and regular part-time employees.
1. EMERGENCY SERVICE PERSONNEL
a) Definition:
Those employees who, due to the nature of their specific job duties or the
nature of the emergency which has occurred, must report to work to ensure
that public health and safety needs of critical operational requirements are
met.
b) Procedure:
Department directors are responsible for clearly designating those employees
considered emergency service personnel. A list of designated emergency
service personnel should be updated periodically. Employees should be
notified in advance in writing that they are so designated. The requirement
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that these employees report to work during periods of emergency leave
and/or liberal leave must be stated. Department directors should consider the
employee's distance from the work site and likelihood of availability during
weather emergencies when designating emergency service personnel.
2. LIBERAL LEAVE
a) Liberal Leave is granted by the Town Manager. It authorizes all employees,
except those designated as emergency service personnel, to use their own
leave to cover a period of missed work without obtaining prior approval
from their supervisor. Employees taking leave shall, however, notify their
supervisor in accordance with departmental policy. Employees may use
annual leave, compensatory leave, or leave without pay during the time
liberal leave is in effect,
b) The Town Manager determines the period of Liberal Leave. Unless
otherwise notified, if declared prior to beginning of business, Liberal Leave
extends from 6:00 A.M, on the day declared until 12:01 A.M. the following
day. If declared later in the day, it is in effect until 12:01 A.M. the following
day.
c) Effect on Emergency Service Personnel:
During Liberal Leave, emergency service personnel are required to report for
work or to secure approval from their supervisors before not reporting to
work.
d) Time and Attendance Reporting:
i. The payroll report is coded for annual, compensatory, or leave without
pay as appropriate.
ii. Sick leave may never be used during a period of liberal leave unless
the employee is actually sick or meets the conditions described in
Section 6.6, Sick Leave of this manual.
3. EMERGENCY LEAVE
a) Definition:
Emergency leave is granted by the Town Manager. It is paid leave granted
to all employees. This time is not charged to an employee's annual or
compensatory leave balance.
h) Notice of Emergency Leave:
Departments will be notified by the Town Manager's office when emergency
leave is declared during normal working hours. At other times, including
weekends, announcements may be made by television and radio stations.
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The Town Manager determines the period of emergency leave. Unless
otherwise notified, if declared prior to beginning of business, administrative
emergency leave extends from 6:00 A.M. on the day declared until 12:01
A.M. the following day.
c) Effect on Emergency Service Personnel:
During Emergency Leave, emergency service personnel are required to
report to work or to secure approval from their supervisors before not
reporting to work. If an employee so designated cannot report to work and
the supervisor has been appropriately notified, emergency leave shall be
granted upon department approval.
d) Time and Attendance Reporting:
i. Employees who are not designated as emergency service personnel are
not required to report to work during periods of emergency leave.
ii. Employees already on scheduled leave (including leave without pay)
are eligible for emergency leave if declared during the period of
scheduled leave.
iii. If the Town opens offices late, employees who do not report to work
are not eligible for the emergency leave during the hours the offices are
open. Employees who do report to work late may combine annual or
compensatory leave and emergency leave to cover hours missed.
iv. Employees who are required to work during a period for which
emergency leave has been granted are entitled to compensation in
addition to emergency leave in accordance with the Compensation
Section 5 of this manual
v. Employees who cannot report to work because their work site is closed
are eligible for emergency leave for all regularly scheduled hours.
6.19 Executive Discretionary Leave
The Executive Discretionary leave policy affects all employees at grade 15 -18 and other
positions, as designated by the Town Manager. This includes the Assistant to the Town
Manager positions.
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Section 7: Employee Benefits
7.1 Benefit Eligibility
A. All employees currently participating in the Town's Life, Health,
Disability Income /Group Insurance Program and the Town retirement
program shall continue to do so following the enactment of these rules.
All eligible employees shall participate in the Virginia Retirement
System pursuant to Title 51 of the Code of Virginia.
B. This Section shall not apply to the following positions and categories of
positions:
• Flexible employees.
7.2 Health Insurance
A. All regular employees of the Town, unless provided otherwise by
these rules, are eligible to participate in the group health insurance
programs as approved by the Town Council. Town employees shall
pay a portion, as determined by the Town Manager, of their own
health insurance premiums, as well as a portion for their spouse,
family or other dependent coverage when the employee requests such
coverage.
B. Employees retiring under the state retirement system with a minimum
of 10 years of Town service shall be eligible to participate in the
Town's group health insurance until the employee becomes eligible
for supplemental Medicare insurance, in compliance with all state and
federal law (GAS13, etc.).
1. Employees who retire under the state retirement system with 20
years or more of Town service shall pay 10% of the individual
health insurance premium or the supplemental Medicare insurance
program as determined by the Town Manager.
2. Employees who retire under the state retirement system with at
least 15 but less than 20 years of Town service shall be required to
pay 50% of the monthly individual health insurance premium and
supplemental Medicare insurance.
3. Employees who retire under the state retirement system with at
least 10 years but less than 15 years of Town service shall be
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TOWN OF LEESBURG PERSONNEL PROCEDURES MANUAL
required to pay 75% of the monthly health insurance premiums and
supplemental Medicare insurance.
4. Retired employees participating in the plan shall pay all additional
premiums for spouse or other dependent coverage requested by the
retiree.
5. A surviving spouse of a retired Town employee may continue to
participate in the Town's health insurance program entirely at
his /her own cost until the spouse remarries or is eligible to convert
to Medicare coverage. When eligible for Medicare coverage, a
surviving spouse that remains unmarried may participate in the
Town's supplemental insurance program at his/her own cost.
C. Health Insurance Continuation under COBRA
On April 7, 1986, a new federal law was enacted entitled the
"Consolidated Omnibus Budget Reconciliation Act (COBRA)" (Public
Law 99 -272, Title X) requiring that most employers sponsoring a
group health/dental plan offer employees and their families the
opportunity for a temporary extension of coverage (called
"continuation coverage ") at group rates in certain instances where
coverage under a plan would otherwise end.
An employee of the Town covered by the one of the Town's Group
Health Insurance Plans, has a right to choose this continuation
coverage if group health coverage is lost because of reduction in hours
of employment or the termination of employment (for reasons other
than gross misconduct on the employee's part).
A spouse of an employee covered by one of the Town's Group Health
Insurance Plans, has the right to choose continuation for themselves if
group health coverage is lost for any of the following four reasons:
1. The death of spouse;
2. A termination of the spouse's employment (for reasons other than
gross misconduct) or reduction in spouse's hours of employment;
3. Divorce or legal separation from your spouse; or
4. Spouse becomes eligible for Medicare.
A dependent child of an employee covered by one of the Town's Group
Health Insurance Plans, has the right to continuation coverage if group
health coverage under the plan is lost for any of the following five
reasons:
1. The death of a parent;
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TOWN OF LEESBURG PERSONNEL PROCEDURES MANUAL
2. The termination of a parent's employment (for reasons other than
gross misconduct) or a reduction in a parent's hours of
employment;
3. Parent's divorce or legal separation;
4. A parent becomes eligible for Medicare; or
5. The dependent ceases to be a "dependent child ".
Under the law, the employee or a family member has the responsibility to
inform the Human Resources Department of a divorce, legal separation, or
of a child losing eligible dependent status under the Plan within sixty (60)
days of the date of the event, or the date in which coverage under the Plan
would end because of the event, whichever is later.
When the Human Resources Department is notified that one of these
events has happened, the employee or qualifying family member will be
informed in writing of the option to elect continuation of coverage. Under
the law, there is a 60 day time frame from the date coverage would be lost
because of one of the "qualifying events" described above to inform the
Human Resources Department that coverage should be continued. The
first insurance premium payment is due no later than 45 days after election
to continue coverage. If coverage is not chosen, group health insurance
coverage will end. If notification is not received within the 60-day period
stated above, this will automatically waive your rights under COBRA.
If the employee or family member elects continuation coverage, the Town
is required to provide coverage that is identical to the coverage provided
under the Plan to similarly situated employees or family members. The
law requires that the employee be afforded the opportunity to maintain
continuation coverage for 36 months unless the group health coverage was
lost due to termination of employment or reduction in hours. If either of
these events occurs, the required continuation period is 18 months. These
18 months may be extended for affected individuals to 36 months from
termination of employment if other events (such as a death, divorce, legal
separation, or Medicare entitlement) occur during that 18 -month period.
In no event will continuation coverage last beyond 36 months from the
date of the event that originally made a qualified beneficiary eligible to
elect coverage. The I8 months may be extended to 29 months if a
qualified beneficiary is determined by the Social Security Administration
to be disabled (for Social Security disability purposes) at any time during
the first 60 days of COBRA coverage. This 11 -month extension is
available to all individuals who are qualified beneficiaries due to a
termination or reduction in hours of employment. To benefit from this
extension, a qualified beneficiary must notify the Human Resources
Department of the eligibility determination within 60 days and before the
end of the original 18 -month period. The affected individual must also
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TOWN OF LEESBURc PERSONNEL PROCEDURES MANUAL
notify the Human Resources Department within 30 days of any final
determination that the individual is no longer disabled.
A child who is bom to, or placed for adoption with the covered employee,
during a period of COBRA coverage, will be eligible to become a
qualified beneficiary. In accordance with the terms of the Town's Group
Health Insurance Plan and the requirements of federal law, these qualified
beneficiaries can be added to COBRA coverage upon proper notification
to the Human Resources Department of the birth or adoption.
The law also provides that COBRA continuation coverage may be
terminated for any of the following five reasons:
1. The Town no longer provides group health insurance to any of its
employees;
2. The premium for the continuation coverage is not paid on time;
3. Employee, spouse or dependent child becomes covered, after the
date of your COBRA election, under another group health
insurance plan that does not contain any exclusion or limitation
with respect to any pre- existing conditions.
4. Employee becomes eligible for Medicare;
5. Coverage was extended for up to 29 months due to disability and
there has been final determination that the individual is no longer
disabled.
The employee does not have to show that insurability to choose
continuation coverage. Under the law, the Town may charge 102% of the
insurance premium rate to anyone who elects continuation coverage
(150% for beneficiaries who qualify due to disability). The Town is also
permitted to add 2% to defray administrative expenses. At the end of the
18, 29 or 36 month, continuation coverage period, the employee must be
allowed to enroll in an individual conversion health plan.
The Health Insurance Portability and Accountability Act of 1996 (HIPAA)
restricts the extent to which group health plans may impose pre - existing
condition limitations. These rules are generally effective for plan years
beginning after June 30, 1997. HIPAA coordinates COBRA's other
coverage cut -off rule with these new limits as follows.
If the employee becomes covered by another group health plan and that
plan contains a pre - existing condition limitation that affects them, the
COBRA coverage cannot be terminated. However, if the other plan's pre-
existing condition rule does not apply by reason of HIPAA's restrictions
on pre - existing condition clauses, the Town's Group Health Insurance
Plan may terminate coverage.
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7.3 Long Term Disability
The Town provides all regular full -time employees with a Long Term Disability
Insurance (LTD) at no cost to the employee, The LTD plan is an income
replacement benefit which provides financial protection for the employee and
his/her family by paying a portion of their income while he /she is disabled.
Requirements of the plan include:
A. Eligibility: All active, regular, full -time employees of the Town
regularly scheduled to work at least 37.50 hours per week or 80 hours
in a two -week period.
B. Waiting Period: Coverage will start on the first day of the month
following the employee's start date. Should the employment date be
the first of the month, coverage will then begin on the date of
employment.
C. Elimination Period: Elimination period means the length of time you
must be continuously disabled before LTD benefits become payable.
Your elimination period is the first 30 days of each period of
continuous disability and will begin on the date you become disabled.
No LTD benefits are payable for the elimination period.
Employees will not be entitled to long term disability payments until
he /she has used up accrued sick leave, annual leave and compensatory
time.
You must be treated and seen regularly by a physician during the
elimination period.
D. Maximum Benefit: The LTD monthly benefit is 60% of your pre -
disability earnings to a maximum monthly benefit of $5,000 reduced
by income from other sources.
E. Minimum LTD Benefit: The minimum LTD benefit payment is
$50.00
F. Benefit Payments: Benefit payments begin after you have satisfied
the elimination period (30 days) of continuous disability. The
elimination period is the number of consecutive days you are disabled.
Your maximum benefit period begins at the end of the elimination
period.
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The maximum benefit period is as follows:
Age at Which Disability Begins
Age 61 or younger
Age 62
Age 63
Age 64
Age 65
Age 66
Age 67
Age 68
Age 69 and older
Maximum Period of Payment
To age 65
3 years 6 months
3 years
2 years 6 months
2 years
1 year 9 months
1 year 6 months
1 year 3 months
1 year
G. Offsets To Your LTD Benefits: While you are disabled, you may be
eligible to receive benefits from other sources. If so, your LTD
provider will offset your LTD benefit by the amount you are eligible to
receive from other sources. These sources may include, but are not
limited to:
1. Any sick pay or other salary continuation (other than
vacation pay) from the Town;
2. One -half of the amount of your earnings from work while
LTD benefits are payable, including earnings from the
Town, any other employer, or self - employment;
3. Any amount you receive or are eligible to receive as a
result of your disability under a Worker's Compensation
Act or similar law;
4. Any amount you, your spouse or your children receive or
are eligible to receive because of your disability retirement
under the Federal Social Security Act or the Virginia
Retirement System;
5. Any amount you receive or are eligible to receive because
of your disability under any state unemployment
compensation disability benefit law;
6. Any disability or retirement benefit paid to you under the
Virginia Retirement System which are covered as a result
of your employment with the Town;
7. Any amount you received by compromise, settlement of
other method as a result of a claim for any of (1) through
(6).
H. Survivor Benefit: If you die while LTD benefits are payable to you,
your LTD provider will pay a lump sum survivor benefit. The
survivor's benefit will equal three times the amount of your maximum
LTD benefit. The survivor's benefit will be paid only if you are
survived by a spouse or unmarried child under age 25.
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I. Exclusions & Limitations: No benefit will be paid for a disability or
for any period of disability:
1. Due to war or any act of war;
2. Due to an intentionally self - inflicted injury.
3. For a pre - existing condition unless you have been
continuously insured under the group policy for at least 12
months and you have been actively at work for at least one
full day after those 12 months of continuous insurance.
4. No LTD benefits are payable during the elimination period
or after the end of the maximum benefit period.
5. No LTD benefits will be paid for any period of disability
when you are not under the regular care of a physician.
6. Payment of LTD benefits is limited to 24 months for each
period of disability caused or contributed to by a mental
disorder.
J. Applying for LTD Benefits:
1. Town employees must apply for disability payments after
being disabled for 30 days.
2. The employee must contact the Human Resources
Department to complete the required application.
7.4 Optional Benefit
A. All regular full -time employees are eligible to participate in an
optional benefit program, which is hereby established. Subject to
annual appropriations, the amount available for each employee shall be
$900. The plan will be administered by the Town Manager under the
following policies:
B. The plan will be administered on a fiscal year basis.
C. Prior to the beginning of the fiscal year, each employee may
select his/her optional benefits for the upcoming year. The
optional benefit selected cannot be changed during the
fiscal year unless the employee has had a change in family
status such as marriage, divorce, death of spouse or child,
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birth or adoption of a child or a change in the employment
of a spouse.
D. Employees may select from both non- taxable and taxable
benefits annually. No part of any unused optional benefit
may be carried over to subsequent fiscal years.
E. Benefits shall be paid twice per fiscal year on or before
December 31 and on or before June 30 based on request
for reimbursement to be received by the Department of
Finance no later than December 15 and June 15
respectively. Employees electing to use the benefit for
dependent or family group health/major medical premiums
payment will have the pro rata amount of the premium
applied to the biweekly payroll deduction for
hospitalization /major medical insurance. Requests for
reimbursement must include documentation supporting the
costs to be reimbursed. This documentation will include
paid receipts, canceled checks and /or other evidence to
support the claim as approved by the Town Manager. The
documentation must be for expenses incurred in the fiscal
year in question (July 1 to June 30 of the following year).
Employees leaving employment prior to these dates may
receive reimbursement on a pro -rata basis.
F. Employees are authorized to select any of the following benefits in any
combination up to a maximum amount of $500. All benefits under the
heading of "non- taxable" will not be subject to federal and state
income taxes or social security withholding. Benefits under the
heading "taxable" are subject to federal and state income taxes and
social security withholding.
1. Non - Taxable Benefits
a) Group Life Insurance:
Additional amounts of group life insurance may be selected
from insurance made available to all full -time employees.
b) Spouse or Child Dependent Health Care Insurance:
Coverage up to $500 of the total annual premium for family or
child dependent hospitalization /major medical coverage under
the Town's group plan may be selected.
c) Medical Expense Reimbursement: Employees may elect to
receive reimbursements for medical expenses incurred by
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spouse or child dependent not covered in whole or in part by
- payment under the Town's major medical/bospitalization group
plan. These expenses include the professional services of a
physician, dentist, ophthalmologist, psychiatrist, optician,
psychologist, family counselor, chiropractor, any prescribed or
required diagnostic examination, prescribed drags or medical,
ophthalmologic or dental devices or appliances.
d) Coverage under Spouse's Medical Insurance: Employees who
have opted out of the Town's insurance plan may elect to
receive reimbursement for costs of insurance through their
spouse.
2. Taxable Benefits
a) Life Insurance.
b) Additional amounts of group life insurance may be
selected in increments of $10,000 for coverage
exceeding $50,000.
c) Health Club Memberships.
d) Employees may elect to seek reimbursement for
individual memberships to health, fitness and/or
swim clubs whose purpose is to promote physical
fitness. Employees selecting taxable benefits shall
have an obligation to report the value of this benefit
on their income tax return and to pay all applicable
federal and state income taxes as appropriate.
7.5 Life Insurance Benefits
Your VRS group life insurance provides you with two kinds of insurance during
your active employment: basic life insurance and accidental death and
dismemberment insurance.
A. Eligibility: You are eligible to participate if you are a regular full -
time employee of the Town. Flexible and regular part-time employees
are not eligible for life insurance coverage.
B. Amount of Benefit: For natural death, the amount of basic group life
insurance is equal to your annual salary rounded to the next highest
thousand, and then doubled.
1. Example: If your annual salary is $25,200, it is rounded up to
the next highest thousand - $26,000. When doubled, the
benefit amount is $52,000 for natural death. If death is
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accidental, the original amount is quadrupled, so in this
example, the benefit amount is $104,000 ($52,000 natural
death benefit and $52,000 for accidental death).
C. Additional benefits: Under the group life insurance provided by the
Town, eligible employees are also entitled to the following benefits:
1. Dismemberment Benefit;
2. Felonious Assault Benefit;
3. Repatriation Benefit;
4. Safety Belt Benefit; and
5. Accelerated Death Benefit
D. Life Insurance after Retirement: Upon retirement, basic group life
insurance coverage continues at no cost to the retiree provided they are
at least 50 (or 55 with five years of service) years of age and have at
least 10 years of service. After retirement, the amount of the life
insurance reduces by 25 percent annually starting January 1 following
the first full year of retirement and each January 1 thereafter, until
coverage reaches 25 percent of its value at retirement.
E. Designation of Beneficiaries: The employee should complete a
Designation of Beneficiary (VRS -2) only if you wish to designate a
beneficiary other than following the order of precedence, or if your
beneficiary form on file is incorrect. The order of precedence is as
follows:
1. To the spouse;
2. If no surviving spouse, to the children and descendents of
deceased children;
3. If none of the above, to the parents;
4. If none of the above, to the duly appointed executor or
administrator of the estate; or
5. If no executor is named, to the next of kin under the laws of the
state where the employee resided at the time of death.
Town employees will be responsible for updating their Designation of
Beneficiary (VRS -2).
F. Termination of Employment: Basic Group Life Insurance benefits
ends when a covered employee leaves his /her employment before they
are eligible for retirement. The group life insurance policy may be
converted to an individual whole -life policy at non -group rates,
however. The conversion must take place within 31 days of the last
day of the month in which employment is terminated. If the employee
dies within 31 days of the last day of the month in which employment
is terminated, the natural death benefit is payable.
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The terminating employee may obtain the appropriate conversion form
from the Human Resources Department.
G. Death of Employee/Retiree: Upon the death of a Town employee, a
family member should contact the Human Resources Department for
assistance in filing a death claim and to get information about life
insurance or death -in- service benefits that may be payable. The
Human Resources Department will report the death to VRS once they
have received the death notification. Information will be given only to
those designated as beneficiaries by the employee.
For more information on the above you may request a copy of the
Handbook for Members of the Virginia Retirement System from your
Human Resources Department. You may also access a copy of the
handbook by visiting VAS' website at www.varetire.ore.
7.6 Optional Life Insurances
The Optional Group Life Insurance Program is a voluntary program that allows
you to purchase additional protection for yourself and your family.
A. Eligibility: If you have basic group life coverage and the amount of
basic group life insurance provided does not totally meet your life
insurance needs, you may be eligible to purchase optional group life
insurance for natural death and accidental death and dismemberment
for yourself, your spouse and your child dependents.
B. Benefit Amount: Eligible employees can purchase the optional group
life insurance coverage for one, two, three, or four times your salary,
not to exceed $500,000. The employee will be responsible for paying
the premiums through payroll deductions.
C. Child Dependent Coverage: Active employees participating in the
Optional Group Life Insurance plan will also be eligible to purchase
optional life insurance for their spouse and dependent children. The
employee's spouse is eligible for up to 50 percent of the maximum
amount of the employee's optional life insurance coverage.
Employees may also purchase optional group life coverage for their
minor child.
If both the employee and the spouse are covered under VRS - sponsored
group life insurance, both can purchase optional life insurance
coverage, but neither one can choose spousal coverage. If the
employee has a minor child, the employee or the spouse, but not both,
may elect coverage for the child.
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D. Proof of Good Health: Proof of good health is required for all
coverage if not elected within 31 days of the employee's first day of
coverage under basic group life insurance or qualifying event (e.g.,
marriage, or birth or adoption of a child). Proof of good health is also
required for amounts in excess of $250,000 for the employee and for
more than one -half of the employee's salary for the spouse's coverage.
7.7 Retirement
A. Eligibility: All regular full -time employees shall participate in the
Virginia Supplemental Retirement System. The Director of Finance
shall insure that the appropriate Town contributions are made to the
system, the proper employee contributions collected and the program
in general administered in accordance with Title 51, Chapter 3.2, and
Sections 51 -11.9 through 51 -11.67 of the Code of Virginia as or may
be amended.
B. Benefit: Employees who retire from the Virginia
Retirement System are eligible to begin receiving
retirement benefits upon reaching the following age and
service combination:
1. Normal (Unreduced) Retirement:
Age 65 with 5 years of service
Age 50 with 30 years of service
2. Early (Reduced) Retirement:
Age 55 and 5 years of service
Age 50 with 10 years of service
3. For employees covered under the Law Enforcement
Office/Firefighter provision:
Age 60 with 5 years of service
Age 50 with 25 years of service
Retirement benefits are determined by the employee's age at
retirement, average final compensation, years of service, type of
retirement, and position classification (for employees covered under
the LEO /Fire Provision).
C. Service Credit: Eligible employees are credited with one month of
service for each month a contribution is made by the Town.
D. Vesting: An employee is vested after being credited with five (5)
years of accumulated service.
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7.8 Deferred Compensation
Deferred compensation is the portion of income before taxes that the employee
chooses to have withheld and put into a retirement plan for distribution to the
employee at a later date, usually at retirement.
The Town currently offers a deferred compensation plan that allows employees to
set aside a portion of their income to be utilized for retirement purposes.
Employees may choose from various types of investments (stocks, mutual funds
& fixed income interest bearing accounts). These products are managed by
financial firms chosen by the Town.
7.9 Flexible Spending Accounts
Employees may elect to take advantage of Section 125 of the Internal Revenue
Service Code by participating in a flexible spending plan. This plan allows
employees to set aside money to be paid prior to withholding of federal income
and social security taxes to cover extra health care needs or dependent care,
including child care. The option to participate shall be offered only once per year
on July 1 (after the initial enrollment period).
7.10 Employee Assistance Program
A. The Town recognizes that a wide range of issues, such as child and
elder care, stress, financial and legal concerns, and substance abuse, can
affect an employee's performance on the job. Consequently, the Town
believes it is in the best interest of employees and the Town of Leesburg
to provide an effective program to assist employees and their families in
resolving problems as they arise.
B. To this end, confidential counseling is available to all full -time
employees and their dependents. The Town's employee assistance
program (EAP) provides consultation services for referrals to local
community treatment sources. Up to three visits per family per incident
are paid by the Town. Employee sessions are held in confidence to the
maximum possible extent.
C. Participation in the employee assistance program does not excuse
employees from complying with Town policies or from meeting normal
job requirements during or after receiving assistance.
D. Employees interested in learning more about the employee assistance
program may contact the Human Resources Department for a
confidential discussion of the program and /or referral.
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7.11 Ida Lee Park
Current Employees receive free membership to Ida Lee Recreation Center.
Employees who retire under the state retirement system with a minimum of 10
years of Town service shall be eligible to use Ida Lee Recreation Center free of
charge.
7.12 Legal Assistance
Employees may elect to participate in a taxable benefit to curtail the costs of legal
services for themselves and /or their family. This benefit is available through
payroll deduction.
7.13 Supplemental Insurance
Employees may elect insurance policies to help supplement their primary health
plan. Some of the additional benefits that may be available include:
A. Non - taxable Benefits:
1. Accident/Disability
2. Cancer Insurance
3. Dental
4. Hospital Confinement Indemnity
5. Hospital Intensive Care
6. Long -Term Care
7. Hospital Confinement Sickness Indemnity
8. Life
9. Specified Health Event
B. Taxable Benefits:
1. Short-Term Disability
7.14 Worker's Compensation Program
Title 65.2 of the Code of Virginia requires the Town to provide worker's
compensation coverage for employees who are injured by work - related accident
or who develop a disease which is caused by their employment. For detailed
information on this program, see "worker's compensation program" in Section 8
Safety, Health and Security of this manual.
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Section 8: Safety, Health & Security
8.1 Town Policy
It is the policy of the Town that every employee is entitled to work under the safest
possible conditions representing all occupations. To this end every reasonable effort will
be made to provide and maintain a safe, healthy, and secure workplace, safe equipment,
proper materials, and to establish and insist upon safe methods and practices at all times.
Accidents which injure people, damage machinery or equipment, and destroy materials or
property cause needless suffering, inconvenience, and expense. The safety rules and
regulations developed herein are for the protection of all Town employees.
8.2 Application
The provisions of this section apply to all employees of the Town.
8.3 Town Emergency Operations Plan
The Town has established and maintains the "Town of Leesburg Virginia Emergency
Operations Plan." This plan is herein referred to as the Emergency Operations Plan.
The purpose of the Emergency Operations Plan is to establish a formalized process for
executing command and control over disaster situations and to utilize processes that can
integrate readily with Joint Operations and Unified Command structures.
The Emergency Operations Plan contains annexes and appendices that outline actions by
critical facilities in the Town in response to a terrorist threat, bomb threat or weapons of
mass destruction event that may affect critical facilities within the Town.
Responsibilities:
The Town Manager has overall responsibility for the delivery of all Town services and
thus serves as the Director of Emergency Management.
The Chief of Police is responsible for the day -to -day activities of the emergency
preparedness program, is responsible for developing and maintaining the Town's
Emergency Operations Plan, and serves as the Emergency Preparedness Coordinator. The
Chief of Police or designee serves as the Town's principal representative to the Loudoun
County Emergency Management Group (EMG).
In the event of an emergency situation that requires a significant commitment of Town
resources or presents a significant risk to the health and safety of the Town, the Town
Manager, or in his absence the Chief of Police, will appoint a disaster manager to direct
and control emergency operations in time of emergency and issue directives.
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Department directors will develop and maintain detailed plans and standing operating
procedures necessary for their departments to effectively accomplish their assigned tasks
In time of emergency, the department directors will continue to be responsible for the
protection and preservation of records essential for the continuity of government
operations. Department directors will establish lists of succession of key emergency
personnel.
The Emergency Operations Plan was developed with various levels of response. This was
done to mirror state and federal plans and allow the Town Manager and the senior Town
staff flexibility in dealing with changing intelligence and service requirements throughout
the Town.
the plan was designed to compliment the federal and state color -coded terrorism alert
system. The plan includes the state's recommended actions for five distinct population
segments:
• Businesses
• Citizens
• Local Government Non -Law Enforcement
• Local Government Law Enforcement
• State Government
The Emergency Operations Plan is an active document that sets forth specific plans of the
local government in emergency or disaster situations. The document is subject to
revisions, refinement, and periodic review. As such, the Emergency Operations Plan and
associated annexes are considered confidential and not for public release.
8.4 Town Security Plan
Department directors, and/or their designated appointees, in coordination with the
Leesburg Police Department, will develop and maintain detailed security plans and
standing operating procedures necessary for their individual work sites to effectively
accomplish their assigned tasks.
8.5 Responsibilities
A. Town Council
Ordinances and provision of all necessary resources to implement all Town -
wide Safety, Health, and Security (SH &S) Programs are considered at the
discretion of the Leesburg Town Council, under the advisement of the Town's
management staff.
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B. Town Management
The Human Resources Director and department directors should have Town -
wide Safety, Health & Security (SH &S) Programs prepared and reviewed
annually for compliance with all regulations. Resources required to implement
Town -wide SH &S Programs will be identified for the Town Council's budget
approval, and subsequently allocated to support and enforce the requirements
contained in the Town -wide SH &S Programs.
C. Safety, Health, and Security Committee
A Town -wide SH &S Committee functions under the guidance of the Human
Resources Director with management and employee representatives from all
departments and/or divisions to:
1. Identify, recommend, and develop new Town -wide SH &S Programs.
2. Review and update existing Town -wide SH &S Programs.
3. Identify, address, and make recommendations for change in improving
SH &S in the workplace.
4. Help in identifying employee SH &S training needs.
5. Assist Town management in complying with the requirements
pertaining to SH &S.
6. Promote SH &S on a Town -wide basis.
D. Supervisors
1. Supervisors will assume responsibility for safe working conditions
within their department, division, and /or crew. This includes
compliance of all regulations and the requirements of all relevant
Town -wide SH &S Programs.
2. Supervisors will ensure their subordinates are aware of the
requirements of all relevant Town -wide SH&S Programs through new
employee and annual training sessions.
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E. Employees
All Town employees will assume responsibility for their own safe working
actions, and follow the workplace guidelines as established in all relevant
Town -wide SH &S Programs, as well as, any other guidelines established for
their specific work area. Employees should also report any unsafe acts, unsafe
practices, and/or unsafe conditions to their immediate supervisor.
8.6 Accident Investigation and Reporting
A. Every on- the -job accident which results in personal injury (no matter how
minor) or damage to property shall be reported to the employee's supervisor
and the Human Resources Department. The accident must be reported within
24 hours.
B. Additional information (such as police reports and witness statements) may be
requested when the accident is deemed of a serious nature or where a
thorough investigation could develop changes required to prevent future
similar accidents.
C. See Town -wide SH &S Program Book Number 1.
8.7 Drug and Alcohol Workplace Policy
The Town of Leesburg prohibits the unlawful manufacture, distribution, dispensing,
possession or use of a controlled substance during working hours or on Town property at
any time.
Town employees are also prohibited from reporting to work under the influence of
alcohol or controlled substances. In the event either prohibition is violated, the employee
is subject to disciplinary action up to and including dismissal under Section 13 Employee
Discipline of this manual.
A. Drug and Alcohol Testing Program
It is the policy of the Town that all Town government work sites shall be
maintained as a drug -free, alcohol -free workplace.
1. No employee shall unlawfully manufacture, distribute, dispense,
possess, or use on or in the workplace any narcotic drug,
hallucinogenic drug, amphetamine, barbiturate, marijuana, or any
other controlled substance, as defined in schedules I through V of
Section 202 of the Controlled Substances Act (21 U.S.C. Sec. 12) and
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as further defined by Federal regulation at 21 CFR Sec. 1300.11 -
1300.15.
2. "Workplace" is defined to mean any site for the performance of
work by the employee, including but not limited to any Town building
or premise; and Town -owned vehicle; and building or premise used by
the Town for Town business; and any non -Town property during any
Town- sponsored or Town approved activity, event or function.
"Workplace" also includes all Town -owned property such as, but not
limited to offices, desks, lockers, safes, file cabinets, toolboxes, etc.
3. As a condition of employment, an employee shall notify his/her
supervisor of his/her conviction of any criminal drug statute no later
than 5 days after such conviction.
4. As a condition of employment, all employees shall abide by the terms
of this policy and regulations respecting a drug -free workplace.
5. All Town work sites and all Town -owned property are subject to drug
detection inspection at the discretion of the Town Manager.
6. The possession and /or consumption of illegal drugs or alcoholic
beverages in the workplace are prohibited.
7. Violation of this policy and regulations will result in appropriate
disciplinary action up to and including termination.
8. All employees will be required to sign that they have received this
policy.
B. Drug and Alcohol Testing
Drug and /or alcohol tests may be required in the following cases:
1. Where an applicant for a Town position critical to the safety and
security of employees or citizens has been given a conditional offer of
employment, subject to passage of a drug test;
2. Where an employee in a Town position critical to the safety and
security of employees or citizens has been selected for a random drug
test;
3. Where there is reasonable suspicion that any Town employee,
regardless of position, is under the influence of illegal drugs or
alcohol;
4. Where a Town employee, regardless of position, has been authorized
to return to work at the recommendation of the Town's Medical
Review Officer and the Human Resources Director after testing
positive for drug or alcohol use and offering assistance for
rehabilitation; testing may occur on an unannounced basis for 18
months after the employee returns to work.
5. As required by the Omnibus Transportation Employee Testing
Act of 1991, Regulations of the Federal Highway Administration (49
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TOWN OF LEESBURG PERSONNEL PROCEDURES MANUAL
CFR, Parts 40 and 382, et al). All employees and applicants who hold
or are offered a position that requires a Commercial Driver's License
(CDL) or safety sensitive position as a condition of employment and
continued employment will be tested for drugs and alcohol under the
following conditions:
a) Pre - employment
b) Random
c) Post - accident
d) Reasonable suspicion
e) Return to work after testing positive and follow -up
6. A refusal to immediately submit to a drug test when required under
the circumstances above or a verified finding of alcohol or illegal drug
use may result in withdrawal of a conditional offer of employment or
disciplinary action up to and including termination. The list of Town
positions determined to be critical to the safety and security of
employees or citizens for purposes of this policy are: all street
maintenance employees, all equipment maintenance employees, meter
technician, heavy equipment operators, all utilities department
employees excluding administrative staff, aquatic recreation program
supervisors, lifeguards I, 1I, and III, airport manager and supervisors
and all inspectors. This list may be periodically revised by the Town
Manager or Human Resources Director.
D. Test Procedures in General
1. The administration of the Drug & Alcohol Testing Program will be
in accordance with the Department of Transportation Regulations,
Federal Highway Administration and the Drug -Free Workplace Act of
1986. An Evidential Breath Testing device operated by a trained
Breath Alcohol Technician will be used to test for presence of alcohol.
Urinalysis will be used for the detection of controlled substances. All
employees tested will be required to sign an authorization and consent
form releasing the information to the employer. The testing of the
sample will be performed by a laboratory approved by the National
Institute on Drug Abuse (NIDA), including aNIDA panel screening
with gas chromatography /mass spectrometry (GCIMS) confirmation
on all positive tests. The panel includes screening for amphetamines,
marijuana, cocaine, opium, and phencyclidine (PCP). The cutoff level
for each substance tested for, both drugs and alcohol, will be
consistent with those currently recommended by the Department of
Transportation guidelines. The cost for all drug tests ordered will be
borne by the Town.
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2.
Any employee subject to testing under this plan will be permitted to
provide urine specimens in a manner such that the employee is not
observed while actually providing the specimen, unless there is reason
to believe that the employee has altered or substituted the urine
specimen provided.
3.
Failure to appear for testing without prior notice acceptable to the
Town will be considered refusal to participate in the testing and will
subject the employee to the full range of disciplinary action, including
dismissal; or in the case of an applicant, the rescinding of a conditional
offer of employment.
4.
When a confirmed positive test result for drugs has been returned by
the laboratory, the tested employee will be given an opportunity to
provide to the Medical Review Officer appropriate and corroborated
information to demonstrate the confirmed positive test is from a
legally prescribed medication or other ingestion. Evidence to justify a
positive test result may include, but is not limited to
a) A valid prescription; or
b) Verification from the individual's physician verifying a valid
prescription.
5.
If the Medical Review Officer determines there is a lack of
legitimate reason for the positive result, the result will then be
considered a verified positive test result. In a timely fashion, the
Medical Review Officer will confidentially notify the Human
`
Resources Director in writing of the verified positive test result. If the
test results are positive, the employee must be evaluated by a
Substance Abuse Professional. A Return -to -Duty test must be
conducted prior to returning to the job. The employee will be subject
to a minimum of six unannounced follow -up drug tests in the first 12
months. The employee may submit a written request for a retest of the
original specimen within 72 hours of being notified by the Medical
Review Officer. The retest will be at the employee's expense if it is
positive.
6.
The laboratory may disclose laboratory test results only to the
Medical Review Officer. Any positive result which the Medical
Review Officer justifies by acceptable and appropriate medical or
scientific documentation to account for the result as other than the
intentional ingestion of drugs will be treated as a negative test result
and may not be released for purposes of identifying drug use /misuse.
7.
If the results of the employee's alcohol test indicate a blood alcohol
concentration of any amount that is not disclosed prior to testing as the
ingredient of a medicine (example: cough medicine) prescribed by a
physician the employee will be suspended without pay and shall not be
permitted to perform the duties of a position that requires a CDL for at
least 24 hours. Any amount of alcohol detected by the test is
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considered a positive result and the employee must be evaluated by a
Substance Abuse Professional. Return-to -Duty tests must be
conducted prior to returning to the job. The employee will be subject
to a minimum of six unannounced follow -up alcohol tests in the first
12 months. All positive tests will be confirmed by a second test. The
results of these tests will be reported immediately to the IIuman
Resources Director.
S. All drug testing information specifically relating to employees and
applicants are confidential and should be treated as such by anyone
authorized to review such information. In order to implement this
program efficiently and make information readily retrievable, the
Human Resources Department shall maintain all records relating to
reasonable suspicion of tampering with evidence, and other authorized
documentation necessary to implement and maintain this program.
9. All records and information of any personnel actions taken on
employees with verified positive test results shall be maintained in
confidential and secured files in the IIuman Resources Department and
disseminated only to authorized individuals on a confirmed "Need to
Know" basis as determined by the Human Resources Director.
E. Guidelines for Reasonable Suspicion Testing
The following guidelines are provided as an aid in administering and
enforcing the Town's Drug and Alcohol Workplace Policy. They are not
meant to cover every situation; however, they are designed to help avoid
allegations of unlawful treatment. These guidelines cannot be used as a
substitute for goodjudgment; each situation must be reviewed on a case -by-
case basis. When a supervisor, in his or her judgment, has reason to believe
that an employee has used and is under the influence of drugs or alcohol, the
supervisor should ask his or her supervisor to corroborate the observations.
The following examples, alone or in combination, may comprise reasonable
suspicion. The list is not all inclusive.
1. Unexplained inability to perform normal job functions.
2. Slurred speech.
3. Smell of alcohol or drugs on breath.
4. Any unusual lack of physical coordination or loss of equilibrium.
5. Unexplained hyperactivity or depression and withdrawal.
6. Unexplained inability to think or reason at the employee's normal
level.
7. Bizarre behavior.
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_. 8. Possession of alcohol or illegal drugs; the presence of alcohol, alcohol
containers, illegal drugs, or drug paraphernalia in an area subject to the
employee's control.
9. Information provided by a reliable and credible person.
If during normal working hours reasonable suspicion is confirmed, the
supervisor shall contact the Human Resources Director to discuss the
observations and to determine the appropriate course of action. If the
employee is to be tested, the Human Resources Director shall be notified to
make the arrangements with the Town's designated collection center for the
necessary drug tests. The employee will be transported to the testing site. If
the reasonable suspicion is confirmed outside of normal working hours, then
the supervisor shall arrange to have the employee transported to the approved
collection site. For purposes of these guidelines, normal working hours are
considered 8:00 a.m. to 5:00 p.m., Monday - Friday.
If the employee refuses to be tested, the employee shall be immediately
suspended from duty without pay and transported home. The refusal of an
employee to submit to a reasonable suspicion test shall be considered
insubordination and may be the basis for discipline, up to and including
termination.
The supervisor who orders a drug test shall document in writing the conduct
giving rise to the reasonable belief of drug use within 24 hours of the observed
behavior. It should include any statements made and any actions taken by any
persons involved in the incident. All records should immediately be sent to
the Human Resources Director.
For the purposes of maintaining a workplace free of drugs and alcohol, the
Town Manager retains the right to search the lockers, file cabinets, desks, etc.,
of employees.
8.8 Safety, Health, and Security Programs
All Town -wide SH &S Programs, including site - specific programs, are to be in
compliance with the Virginia Occupational Safety and Health (VOSH) Program and
Occupational Safety and Health Administration (OSHA) regulations, written in easily
understandable language, include a listing of typical unsafe acts, typical unsafe
conditions, and other material as deemed appropriate by the Town Manager, the Human
Resources Director, and the recommendations of the Town -wide SH &S Committee, and
are to be updated as stated in VOSH and OSHA regulations, as well as the Town -wide
SH &S Programs. These programs will be made available to all employees and
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management will ensure that all employees receive annual training. Copies of these
programs are located at each Town facility.
A. Employee Safety and Health Program
The Employee Safety and Health Program addresses both employer and
employee requirements in the areas of safety and health issues, accident
investigation and reporting, training requirements, and other responsibilities as
deemed necessary. See Town -wide SH &S Program Book Number 1.
B. General Safety Program
The General Safety Program addresses both employer and employee
requirements in the areas of general safety and safety aspects such as personal
protective equipment (PPE) and tools. See Town -wide SH &S Program Book
Number 2.
C. General Health and Wellness Program
The General Health and Wellness Program addresses both employer and
employee requirements in the areas of health and wellness. See Town -wide
SH &S Program Book Number 3 and Separation and Retirement Section 15.7,
Wellness Program.
D. Hazard Communication Program
The Hazard Communication Program addresses both employer and employee
requirements in the hazards of all chemicals which are known to be present in
the workplace; ensures these hazards are evaluated in order to reduce or
eliminate the possibility of death or injury as the result of exposure to a
hazardous material; and that this hazard information and protective measures
be transmitted to the employees who are exposed to the hazardous material.
See Town -wide SH &S Program Book Number 4.
E. Highway and Vehicular Safety Program
The Town will ensure that all drivers while operating Town vehicles comply
with all applicable laws of the State and maintain driver's licensing
appropriate to the types of vehicles operated. This program addresses both
employer and employee requirements in defensive driving techniques,
required annual defensive driving training, operation, maintenance, and
servicing of heavy equipment. See Town -wide SH &S Program Book Number
5.
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F. First Aid/CPR/AED Certification Program
The First Aid /CPR/AED Certification Program addresses both employer and
employee requirements in these areas. See Town -wide SH &S Program Book
Number 6.
G. Drug and Alcohol Program
The Drug and Alcohol Program addresses both employer and employee
requirements including Department of Transportation guidelines, testing
procedures, and Reasonable Suspicion Testing. See Town -wide SH &S
Program Book Number 7.
H. Confined Space Entry Program
The Confined Space Entry Program addresses both employer and employee
requirements in recognizing, entering, and complying with the requirements
associated with working in confined space areas. See Town -wide SH &S
Program Book Number 8.
I. Infection Control Program
The Infection Control Program addresses both employer and employee safety
and health requirements of infectious diseases caused by blood home
pathogens and air contaminants such as AIDS, Tuberculosis, Hepatitis
B, Lyme disease, West Nile Virus, Meningitis, and Severe Acute Respiratory
Syndrome (SARS), with recommendations made by the National Centers for
Disease Control. See Town -wide SH &S Program Book Number 9.
J. Fire Safety Program
The Fire Safety Program addresses both employer and employee requirements
to reduce or eliminate hazards and accidents involving fire safety, and
thereby, improve the safety of employees and the general public. Facility
managers will be responsible for preparing and maintaining site - specific fire
prevention and emergency action plans as required under OSHA 29 CFR
1910.38 and 1910.39. See Town -wide SH &S Program Book Number 10.
K. Building Safety and Security Program
The Building Safety and Security Program addresses both employer and
employee requirements for building safety and security, and will include
requirements for compliance with the Americans with Disabilities Act (ADA)
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as they relate to Town -owned facilities. See Town -wide SH &S Program Book
Number 11.
L. Mechanical Safety Program
The Mechanical Safety Program addresses both employer and employee
requirements, mandated training, authorization and certification requirements
for welding, acetylene torch operations, lock outitag out procedures, power
saw operation, and proper use of all other Town -owned equipment. See
Town -wide SH &S Program 136ok Number 12.
M. Site - Specific Programs
SH &S Programs that are necessary at specific locations or by specific
operations, as required by VOSH and OSHA regulations, will be identified by
department directors or their designated appointees. Examples of these site -
specific programs include respiratory protection, personal protective
equipment (PPE), chemical hygiene, and electrical safety.
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Section 9: Training and Development
9.1 Policy
The Town will provide the employees with opportunities for career development and
enhancement. It is the intent of the Town to continue to offer job - related training programs
through the Human Resources Department so that employees may develop and utilize their
talents to the fullest degree possible in the best interest of the Town, and to provide a solid base
of occupational skills necessary to meet current and future employment needs.
9.2 Employee Orientation
The Human Resources Department shall be responsible for directing and developing a
program to orient each new employee to the requirements of Town service.
A. The Human Resources Department shall advise new employees on all general
conditions of Town employment including personnel policies, fringe benefits, pay
and such other similar matters. Each employee shall receive a copy of the Town
Personnel Handbook during orientation.
B. Supervisors shall orient each new employee within their department or division to the
conditions related to the job and work site. Said orientation shall include
introductions to fellow workers, work standards, safety regulations, supplies, duties
_ and responsibilities, work schedule and other pertinent department policies and
procedures, including a manual if applicable.
C. The Human Resources Department shall schedule employee orientation sessions for
all recently hired employees in order to furnish information on the organizational
structure and mission of the Town as well as provide a tour of all Town facilities.
D. Follow -up Evaluation. Each new employee will be given an evaluation form to
complete so that the Human Resources Department may determine the quality and
completeness of the orientation effort. This form should be completed by the new
employee and returned to the Human Resources Department.
9.3 Career Development
The Town supports career development programs that allow all employees to experience cancers
that provide opportunities for growth, challenge, variety and accomplishment. These goals will
be met through career coaching, education, and resources that enhance individual careers and
contribute to the growth of the orgammlion.
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The Town will provide the resources to assist employees in their career development. The
Town encourages employees to join and actively participate in appropriate professional
organizations and /or associations. Upon approval by the department director, the Town may
reimburse membership dues. There must also be a commitment on the part of the employee to
pursue these opportunities.
The Human Resources Department will:
A. Have available all job descriptions listed within the classification plan.
B. Work with department directors to provide resources to employees regarding specific
careers in their department. An employee may have the opportunity to obtain more
in -depth information through hands -on experience.
C. Encourage each department to budget funds for employee training and development.
D. Encourage department directors to ensure employees have the opportunity to attend
professional conferences and/or seminars that will enrich their careers.
E. Assure that equitable treatment is given to all employees for training and
development purposes.
F. Require employees to submit evidence of all training attended to the Human
Resources Department
9.4 Computer Training
The Town offers to its employees basic and intermediate computer and office suite training (to
include email, data base, word processing, and other applicable software applications). The
Town will provide training to meet current software practices. Employees should contact the
Human Resources Department for more information. Departmental training will be provided on
an as needed basis.
9.5 Technical Training
Technical training services are driven by the Town's needs, a changing technological
environment, and resource constraints. Therefore, the Town will provide a variety of high
quality training opportunities (classroom training, one -on -one training, online courses, and other
delivery systems) that deliver timely, appropriate, technical training for staff, departments, and
the Town as a whole.
It should be the responsibility of the department director and division managers to provide
technical training opportunities for an employee to obtain specialized knowledge of an applied
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art or science that will benefit both the Town and employee relating to the proficiency in a
practical skill(s).
9.6 Licensing and Certifications
A. State Required
Department directors are responsible for ensuring licensure and certification for
those employee positions that require current Virginia licensure or certification.
Employees are responsible for maintaining licensure or certification in accordance
with the State requirements. Employees must retain a current status and retain a copy
of a current license or certification on file with the Human Resources Department at
all times. Costs forjob required licenses and certifications, including renewals, shall
be borne by the Town.
B. Preferred
Employees may pursue a professional certification or license from an accredited
college or university, professional society or organization that is considered preferred
in their job description. Department directors will have discretion in determining
what costs should be covered by the Town or shared by employees in obtaining
licenses or certifications as well as renewals that are preferred but not required.
C. Voluntary
Employees are encouraged to enhance their qualifications, work performance or
contribution to the Town by voluntarily pursuing to receive a professional
certification or license from an accredited college or university, professional society
or organization. Department directors will have discretion in determining what costs
should be covered by the Town or shared by employees in obtaining licenses or
certifications as well as renewals on a voluntary basis to improve skills.
D. Review
A review committee, comprised of all department directors, will be established from
time to time to approve requests for new licenses, certifications or certificates not
already approved through past practice.
E. Renewal
If employees are unable or unwilling to renew the license or certification, they will
forfeit additional compensation in the same percentage as they received for the
license or certification, based upon the salary at the time of the increase.
F. Pay
Refer to Section 5 Compensation in this manual regarding pay increase for required,
preferred or voluntary pursuit of licensing or certification.
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G. Definitions
1. License: A license issued by the federal or state government and carries clearly
defined responsibilities and liabilities (penalties) if duties are not performed in
compliance.
2. Professional Certification: A certification issued to an individual by a state or
local government or nationally recognized professional association. It generally
requires a combination of specific job knowledge, experience /education /training,
and a written (and sometimes practical) examination. The certificate implies a
significant level of training, experience and effort to meet the requirement.
3. Technical Certification: A certification issued by a national or state - recognized
organization to an individual who achieves a very specific job- related technical
skill.
4. Other: Certificates and certifications can take many forms and may be presented
by any training organization to employees who attend training courses, frequently
without meeting any standard of course knowledge or content.
9.7 Supervisory and Management Training
All supervisors and managers should receive training periodically to update their knowledge,
skills and abilities for performing the duties of their positions. In addition, training may be
offered to employees that are in a position to prepare for a supervisory or management position.
9.8 On the Job Training
Each department should have a program or practice of orienting new employees at the
department level. On the job training should include details from section 9.2 Employee
Orientation, familiarization and training on equipment and tools used by employees, and a
mentoring program. A mentoring program may be instituted at the departmental level to assist
new employees in learning specific skills and knowledge related to their job.
9.9 Cross Training
Cross- Training allows an individual to obtain the knowledge, skills, or understanding of some or
all of the job requirements within his/her department or other departments in the Town.
This new set of experiences will generally be related to the job requirements of the employee
such that the increase in the employee's knowledge, skills, or understanding enhances the ability
of the employee to perform the requirements of his/her original position to the benefit of the
Town.
Cross - training can be either a requirement or an enhancement of the current position. It may also
be a requirement of a future position to which the employee aspires. In all cases, the Town
sponsored training requires department approval and support.
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9.10 Emergency Safety Training
All Town employees should receive safety training applicable to their individual position and
department, as deemed necessary by the department director or designee. In addition all
employees should become familiar with the Emergency Operations Plan and the Town's Health
and Safety Plan. Training will be provided for all employees that are in a position to be called
upon in an emergency situation i.e. essential employees. Refer to the Town of Leesburg
Emergency Operations Plan and the READI Program.
9.11 Tuition Assistance Program
Tuition Reimbursement is designed to attract and retain qualified persons for Town service, to
improve the quality of employee leadership and productivity, and to encourage employees to
continue their education as a means for improving job skills and enhancing promotional
opportunities.
A. The Department of Human Resources shall administer the program and maintain a
record of all courses taken.
B. Only regular full -time employees are eligible to participate in this program, after
twelve months of consecutive employment.
C. Tuition reimbursement is for an approved degree program administered by an
accredited institution. Each employee must complete a degree program form for
approval by the department director and Town Manager prior to enrolling at the
institution selected. The approved degree program form will remain on file with the
Human Resources Department during the completion of the program. In order for a
degree program to be approved, it must relate to the employee job responsibilities or
broaden knowledge of Town wide municipal functions through promotional
advancement.
D. Upon approval, the Town will pay up to 75% of tuition costs for each class taken.
However, assistance is limited to the in -state tuition rate and may not exceed $2,500
per fiscal year. Reimbursement will be made for tuition fees only, Reimbursement
will not be made for laboratory fees, textbooks, supplies, transportation, parking
stickers, registration, etc. Employees must earn a grade of "C" or better for
undergraduate studies and a "B" or better for graduate work to be eligible for
reimbursement. Courses taken on a pass /fail basis will be reimbursed for tuition at the
rate of 75% should the employee receive a passing grade and the course is required
for the degree program. Audited courses will not be approved_
E. Approval for degree program participation and course enrollment may be granted
after an evaluation of the following criteria: available equivalent educational
institutions and resources, cost of the courses, and the anticipated benefit to the Town.
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1. Tuition reimbursement application forms must be submitted to the
Department of Human Resources prior to the beginning of the fiscal year or at
least one month prior to course registration deadline.
2. The application will be reviewed and the Human Resources Department will
obtain all required signatures within seven days. If approved, the employee
will be authorized to take the listed courses, approval should be received prior
to registration.
3. A copy of the processed application should be returned to the employee upon
final approval from the Town Manager.
F. Specific training and workshops related to an employee's position shall be provided
through the department's training account rather than the tuition assistance program.
G. If funds are not adequate to support all applications, the Town Manager shall
establish priorities based upon the needs of the Town.
H. If an employee is eligible for or is receiving tuition benefits under the GI Bill,
scholarships, or other forms of tuition assistance, any assistance paid by the Town
shall not exceed either two- thirds of tuition fees or the difference between the amount
paid under the GI Bill, scholarships, or other forms of tuition assistance and the total
cost of the course.
1. Employees who utilize the tuition assistance program are to work 6 months after
completion of a course for every $1000 in tuition reimbursement or fraction thereof
received from the Town.
J. Reimbursement Procedures
1. Within 60 days of course completion, the employee will forward to the
Human Resources Department proof of cost of the course, receipt or canceled
check, and evidence of final grade from the educational institution.
2. Following review of documents submitted, the Human Resources Department
shall forward a request for payment to the Finance Department within 7 days.
Upon receipt from Human Resources the Finance Department will issue a
reimbursement in a timely manner to the employee.
3. In special hardship cases, tuition may be paid in advance rather than
reimbursement. This will be determined by the Town Manager on a case -by-
case basis. Final grades will be submitted to the Human Resources
Department at the end of the term.
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9.12 Leadership Academy
The Human Resources Director shall be responsible for directing and developing a Leadership
Academy to familiarize Town employees with Town's mission and teach employees skill sets
that develop the leaders of today and the future.
A. Leadership Academy modules shall consist of but not be limited to the following
topics: Communications, Team Building, Leadership, Organizational Change
Management, and Meeting Facilitation. Modules should be half day sessions.
B. Supervisors should give each employee the opportunity to attend the Leadership
Academy.
C. A Leadership Academy Alumni Association shall be formed of past participants in
order to discuss, provide feedback and recommend changes for the academy format
or content.
D. Follow -up Evaluation. Each Leadership Academy participant will be given an
evaluation form to complete so that the Human Resources Director may determine the
quality and completeness of the Leadership Academy.
9.13 Environmental Management System.
The Town is committed to a Town -wide and departmental Environmental Management System
(EMS). An EMS is a set of management processes and procedures that allows an organization to
analyze, control and reduce the environmental impact of its activities, products and services, and
operate with greater efficiency and control. Through continual improvement, employees will be
given training opportunities in order to learn and implement their departmental or division EMS
program.
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Section 10: Employee Conduct
10.1 Policy
All Town employees and members of boards and commissions are expected to conduct
themselves in an ethical, professional, courteous and respectful manner in the workplace
and while representing the Town in any capacity. All employees will maintain high
standards of integrity and concern for the public interest. Further, all Town employees
are expected to adhere to procedures regarding the use of Town equipment and any Town
resources.
10.2 Financial Disclosure Requirements
All Members of the Town Council, Planning Commission, Board of Zoning Appeals and
Board of Architectural Review and the Town Manager, Deputy or Assistant Town
Managers and all department directors shall file, as a condition to assuming office or
employment and within thirty days of employment, a disclosure statement of personal
interest and such other information as specified on the forms set forth in Section 2.2 -31 14
and 2.2 -3115 of the Code of Virginia, as amended, and thereafter shall file such a
statement annually on or before January 15. The Clerk of Council shall cause the forms
to be distributed no later than December 10 of each year to each officer or person
required to file such a form under the provisions of this section. Such disclosure forms
shall be filed and maintained as public records for five years in the office of the Clerk of
Council.
10.3 Employee Conduct during Mayor and Council Elections
A. Application
1. All Town employees except those listed in Section 12.1 -3, paragraph
(a)(1) of
these rules
a)
Mayor and Council
b)
Planning Commission
c)
Board of Zoning Appeals
d)
Board of Architectural Review
e)
Airport Commission
f)
Cable Television Advisory Commission
g)
Economic Development Commission
h)
Parks and Recreation Advisory Commission
i)
Tree Commission
j)
Balch Library Advisory Commission
k)
Environmental Advisory Commission
1)
Other Town Boards, Commissions and Committees
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2. As used in this article the meaning of the words "public office in the
Town" shall include only the elected offices of the Mayor and Council.
B. General Prohibitions
1. No employee shall continue in his/her position with the Town after
becoming elected to any public office in the Town.
2. No Town employee shall accept orally, by letter or otherwise any
assessment, subscription or contribution for any Town political
purpose.
3. No employee shall take part in the management, affairs or political
office in the Town or take any part in the management, affairs or
political campaign of any candidate for public office during work
hours.
10.4 Whistle Blower Protection
A. Disclosure of Violations
1. Reprisal Prohibited
The Town of Leesburg shall not engage in reprisal against an
employee for disclosing a violation or suspected violation of a local,
state, or federal law.
2. Application
An employee of the Town of Leesburg who reports or who is known
by the Town to have indicated an intent to report, such violation or
suspected violations shall be protected by this rule, unless the
employee knew the report was false. This protection shall extend to
employees who participate, or who were known by the Town to have
indicated an intent to participate, in an investigation, hearing or
inquiry conducted by a public body, and to employees who
participate, or were known by the Town to have indicated an intent to
participate in a court proceeding.
3. Forms of Reprisal
Reprisal includes such actions as discharge, threats of discipline or
arbitrary and capricious changes in the conditions of employment.
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10.5 Sexual and other forms of harassment in the workplace and
retaliation
A. Policy
It is the'fown's policy that all employees have a right to work in an
environment free from discrimination, which includes freedom from
harassment, whether that harassment is based on gender, age, race, national
origin, religious creed, political affiliation, sexual orientation, disability,
marital status, or membership in groups. Any form of harassment of the
general public by any on duty Town employee will likewise not be tolerated.
Employees will always be polite and courteous in their behavior toward the
public.
B. Purpose
With specific reference to sexual harassment, the purpose of this policy is to
protect all employees against unsolicited and unwelcome sexual overtures and
conduct, either physical or verbal. This also includes creating an intimidating,
hostile or offensive working environment.
C. Definitions
1. Verbal Harassment
For example, epithets, derogatory comments, stories or slurs on the
basis of race, religious creed, color, national origin, ancestry,
disability, sexual orientation, medical condition, marital status, gender
or age.
2. Physical Harassment
For example, assault, impeding or blocking movement, with the
physical interference with normal work or movement when directed at
an individual on the basis of race, religious creed, color, national
origin, political affiliation, disability, physical characteristics or
appearance, medical condition, marital status, sexual orientation,
gender, age or any other physical behavior perceived as intimidating.
This could be conduct in the form of pinching, grabbing, patting,
leering, or making explicit or implied job threats or promises in return
for submission to physical acts. Extreme cases of physical harassment
could be determined as violence in the workplace and dealt with in
Section 10.13.
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3. Sexual Harassment
While all forms of discrimination and harassment are prohibited, it is
important to describe the protection against sexual harassment in
greater detail, since it is often misunderstood and has a special legal
significance.
Sexual harassment generally consists of unwelcome sexual advances,
requests for sexual acts or favors, or other physical or verbal conduct
or visual displays of a sexual nature when 1) submission to such
conduct is made either explicitly a term of condition of an individual's
employment (e.g., hiring, compensation, advancement, promotion or
retention); 2) submission to or rejection of such conduct by an
individual (e.g., treating an employee favorably for engaging in such
conduct or unfavorably for refusing to engage in the conduct); or 3)
such conduct has the purpose or effect of unreasonably interfering with
an individual's work performance or creating an intimidating, hostile
or offensive working environment.
Sexual harassment may include a range of behaviors and may involve
individuals of the same or different gender. These behaviors may
include, but are not limited to: unwanted sexual advances; subtle or
overt pressure for sexual favors; sexual jokes; innuendoes; advances or
propositions; verbal abuse of a sexual nature; graphic commentary
about an individual's body, sexual prowess or sexual deficiencies;
leering, whistling, touching, pinching, assault, coerced sexual acts;
display of sexually suggestive objects or pictures; and other physical
or verbal conduct of a sexual nature. It is also essential to understand
that consenting romantic and sexual relationships between supervisory
and subordinate employees, or between coworkers, may lead to
unforeseen complications. The respect and trust accorded a more
senior /supervisory person by a lower -level staff member, as well as the
power held by that person in evaluating or otherwise supervising the
lower -level person could diminish the extent to which the lower -level
employee feels free to choose. Therefore, employees should be aware
of the possible risks of even an apparently consensual sexual
relationship.
4. Visual Forms of Harassment
For example, derogatory posters, notices, bulletins, cartoons, or
drawings on the basis of race, religious creed, color, national origin,
ancestry, disability, medical condition, sexual orientation, marital
status, gender or age.
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D. Harassment Reporting Procedure
Any employee who feels he or she is a victim of harassment should respond
immediately and directly to his /her immediate supervisor or the Human
Resources Department. If the offensive behavior continues, it is very
important that the employee being harassed report it to management. The
Town expects all perceived incidents of harassment to be reported, regardless
of the alleged offender's identity or position. Management will document the
specifics of the alleged harassment; date, time, place, witnesses, if any, and
what happened and what was said, even though this may be difficult or
embarrassing to do so. Harassment is a serious charge and without this kind
of documentation it may be difficult or impossible to conduct an investigation
that is fair to all parties.
Individuals who believe they have witnessed or been the victim of harassment
should discuss their concerns with their supervisor or department director. If
the situation cannot be adequately resolved at the department level, the
employee who is the victim of harassment should report the matter to the
Human Resources Director, who will conduct an investigation and present the
results of the investigation to the Town Manager to decide the appropriate
action.
Supervisors and managers who observe or hear about harassment must
immediately-report such information to the Human Resources Department.
If at any time the employee who is suffering the harassment feels that his/her
complaint is being handled inappropriately, the employee may report the
matter directly to the Town Manager.
If the results of the investigation are inconclusive and no discipline is to be
administered, there will be no record of the charge or investigation in either
employee's personnel file. Under no circumstances shall any Town employee
retaliate in any manner against the complaining party for having lodged the
complaint; however, if after the investigation of the complaint, the Town
determines that the complaint is not bona fide or that an employee has
provided false information regarding the complaint, disciplinary action may
be taken against the individual who filed the complaint or who gave the false
information.
1. Confidentiality
All complaints of discrimination or harassment and any information
received during the course of the investigation will be kept
confidential and made available for review only by those with a
legitimate need to know, unless required to be divulged as part of the
investigation or pursuant to a legal proceeding. At the conclusion of
the investigation, all documents collected or prepared during the
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investigation will be maintained by the Human Resources Department
in confidential files. However, if disciplinary documents are issued as
a result of the investigation, they will also be placed in the appropriate
personnel files. All personnel, including the person making the
complaint, who are involved in the investigation, are expected to use
discretion in maintaining the confidentiality of information and
documents generated or discussed during the investigation.
2. No Retaliation
There will be no retaliation, harassment of, or discrimination against
any person who has pursued his or her rights under applicable law or
this policy, or anyone who has assisted a person making a complaint or
provided information during an investigation under this policy. Any
person who believes that he or she has been retaliated against for
pursuing rights under applicable law or this policy should report the
retaliation to the Town's Human Resources Department, which will
investigate in the.same manner as allegations of discrimination or
harassment are investigated.
10.6 Gifts and Gratuities
A. Policy
No employee, board or commission member or others persons acting on
behalf of the Town shall solicit or accept in the course of work favors, gifts,
meals, gratuities or any other valuable thing which could be construed as
influencing the performance of Town duties and responsibilities. This rule is
not intended, however, to prohibit the following:
1. Receipt of unsolicited articles, which are distributed
generally such as calendar, pens, note pads, and similar
articles of minimal value;
2. Attendance at social functions, which promote good
relationships with citizens and the professional and
business community;
3. Attendance at any trade association or commercially
sponsored training program approved by the Town
Manager;
4. Attendance at commercially sponsored social events when
part of the social calendar of professional conferences;
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5. Consumption of food provided as a gift to Town employee
groups generally (example— holiday food basket);
6. Acceptance of gifts or awards when made in public
presentation by legitimate service, civic, or fraternal
organizations and approved in advance by the manager.
7. Acceptance of meals while representing the Town as a
speaker at certain functions, such as professional
conferences.
10.71nternet/E -Mail Policy
A. Policy
The Intemet/E -Mail Policy is intended to encourage responsible and
acceptable use of the Internet and email services through resources
provided by the Town. This policy applies to all users of the Town
internal and external e -mail and Internet systems.
B. Introduction
The Internet is an electronic communications network that provides access
to vast, diverse and unique resources. It has become a default information
source, distribution medium, and worldwide communications tool.
The Town's goal, in providing Internet access to employees, is to facilitate
resource sharing, innovation, and communication. As such the Information
Technology Department supports and encourages the use of the Internet
and e -mail and considers the Town Internet connection an invaluable
resource.
Access to the Internetie -mail has been provided to staff members for the
benefit of The Town government and its customers. Every staff member
has a responsibility to maintain and enhance the Town's public image and
to use the Internet/e -mail in a productive manner. To ensure that all
employees are responsible, productive lntemet/e -mail users and that the
Town's image is protected, the following policy guidelines are
established.
C. Acceptable Uses of the Internet/E -mail
Employees accessing the Internet /e -mail are representing The Town.
Employees are responsible for seeing that the Internet is used in an
effective, ethical and lawful manner. The InterricUe -mail should be
accessed and used to conduct official Town business, to gain technical and
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job - related information and for business contacts. These guidelines are
intended to coordinate with Town employees' job responsibilities.
D. Unacceptable Uses of the Internet/E -mail
The following uses of the Town Internet and e -mail systems are
prohibited:
1. Personal gain or advancement of personal interests;
2. Any use that disrupts Town services, the Town computer network
or the networks of other users;
3. Any use that interferes with employee productivity;
4. Revealing or sharing user identification codes or passwords with
others;
5. Fraudulent, harassing or obscene messages;
6. Messages with derogatory or inflammatory remarks about an
individual's or group's race, sex, religion, national origin,
disabilities; physical attributes, or sexual preferences;
7. Messages containing abusive, profane, or offensive language;
8. Any information that violates or infringes upon the rights of others.
9. Employees may not install personal e -mail accounts on Town
equipment.
10. Employees using electronic organizers may install necessary
software to download data for scheduling, etc.
E. Communications
Each employee is responsible for the content of all text, audio or images
that he /she places or sends over the Intemet/e -mail. All messages
communicated on the Internet or through e -mail must have the employee
name attached.
F. Security
All messages created, sent or retrieved over the Internet or through e -mail
are the property of The Town and should be considered public
information. No aspect of the Town computer system, including the use
of passwords to gain access to the system should be construed to create
any expectation of privacy on the part of any person. The Town reserves
the right to access and monitor all messages and files on the computer
system as deemed convenient. Intemet/e -mail messages are public, not
private, communications. Do not use the systems to send or receive
confidential information. All communications, including text and images,
may be disclosed without prior consent of the sender or the receiver.
G. Applicable Laws
In Virginia, the Virginia Public Records Act and the Virginia Freedom of
Information Act (FOIA) are the laws governing management of public
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records. These laws treat electronic data generated by the public employer
exactly the same as other written documents. If the data is a "public
record" within the definition of statues, it is subject to disclosure unless a
particular exemption or privilege applies. Any questions about the
applicability of these statutes or about a specific request for electronic data
should be referred to the Town Attorney's Office. There are also state and
federal wiretapping laws that prohibit improper interception and use of
electronic data and which carry criminal and civil penalties for violations.
H. Document Management
Employees should actively manage their e-mail files by archiving those
files dealing with Town business and deleting all others. Employees
should remain aware of the strain on storage capacity that numerous files
and large picture and data files place on the Town computer network and
server. Good document management practices include reducing
particularly important correspondences and documents to paper versions.
1. Software
To prevent computer viruses from being transmitted through the
system, all downloaded information must be run though a virus
scanner. Freewme /shareware downloading from the Internet is not
permitted under current policy.
Users shall not load unauthorized software (games, non Town standard
software) on Town owned computers.
2. Copyright Issues
Staff members may not transmit copyrighted materials over the
Internet or through e -mail. Failure to observe copyright or license
agreements may result in disciplinary action up to and including
termination, or legal action by the copyright owner.
3. Violations
Any violation of these guidelines may result in disciplinary action up
to and including termination. The Town Manager has the authority to
determine what is and is not appropriate and official use, and to grant,
suspend or cancel an employee's access to the Internet/e -mail at any
time for any reason. All suspected improper use of the Intemet /e -mail
may be referred to the appropriate investigative authority.
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10.8 Cell phones and Pagers
A. Policy
1. Purchase Authorization:
The Town Manager will authorize the purchase and issuance of
cell phones and pagers to Town employees based upon
recommendations from department directors, Information
Technology Director, and the criteria outlined in this policy.
2. Department Directors are responsible for:
a) Preparing recommendations for the assignment of cell phones
and pagers to department employees based upon the criteria
listed in # 3 below;
b) Periodically reviewing the assignment of cell phones and
pagers to department staff; and
c) Reviewing monthly cell phone charges to ensure employees are
paying for personal calls, as appropriate.
3. Cell phones and pagers maybe issued when:
a) An employee spends considerable time outside the office and
has regular occasion to be in contact with the office for job -
related purposes;
b) Efficiency of service delivery can be significantly increased;
c) The level of employee safety can be increased;
d) An employee has a significant role during a disaster or
emergency situation.
4. Purchases of cell phones and pagers
a) All cell phone service will be consolidated into a single cell
phone provider. The cell phones will have a redundant
communication capability to provide Town employees with an
alternative means of communication when the telephone
capability is not available.
b) All pagers shall be converted to a single alphanumeric system
to allow staff to receive information concerning their
assignment and be dispatched directly to an assignment.
5. Cell phone and pager usage
a) Employees assigned a cell phone or pager are expected to have
it with them at least during normal business hours.
b) Department directors may establish policies and procedures for
their employee's use of cell phones and pagers that are based
upon this regulation and not inconsistent with it. A copy of
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department policies and procedures will be provided to the
Town Manager.
c) In a disaster or Code Orange or higher alert status, employees
who are assigned a cell phone or pager are expected to answer
all calls or pages except when on approved leave.
d) Cell phones and pagers maybe reassigned by the Town
Manager and department directors to expedite the Town's
response and coordinate the deployment and operations of
essential staff and services in an emergency or disaster.
e) Employees who use a cell phone for personal calls shall
reimburse the Town $5 for the month in which the calls were
made. Only occasional incidental calls are permitted to be
made.
f) All employees are prohibited from receiving or initiating a cell
phone call while operating a Town vehicle.
g) Cell phone and pager inventory
i. The Department of Finance will maintain a master
inventory of all cell phones and pagers by department
and individual assignment.
ii. The master inventory and any changes will be provided
to the Information Technology Department for
inclusion of the cell phone and pager numbers, except
for law enforcement officers, in the Town directory. A
copy of the master inventory will be provided to the
Human Resources Department for emergency planning
purposes.
W. Each department will maintain a list of the cell phones
and pagers by assignment. Changes to the list will be
provided to the Department of Finance when the
changes are made.
B. Procedure
1. Request for cell phone or pager
a) Employees or division chiefs will submit requests for cell
phones or pagers to department directors based upon criteria
set forth in Section 10.8 above.
b) The Department Director will submit the request to the Town
Manager for final decision.
c) If the Town Manager approves a cell phone or pager, the
department will submit a purchase order to the Finance
Department.
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_ d) The Department of Finance will update the master inventory of
cell phones and pagers on a semi - annual basis.
2. Payment for personal use of cell phone
The Information Technology Department will provide department
directors with copies of the cell phones billings for their
department.
a) When an employee has used the cell phone for any personal
calls, the employee shall make a $5 payment to the Finance
Department at the end of the month in which the personal calls
were made. Employees using a Town cell phone for personal
calls must ensure that the use is infrequent and of a short
duration. The Town cell phone is not meant to be used as a
substitute for a personal phone service.
b) If the employee does choose to have payments automatically
deducted from their paycheck, the employees will fill out a
form provided by and submit it to the Finance Department.
e) If the employee makes the payment by check or cash, a copy of
the receipt of payment will be provided to the department
director to be kept with the appropriate monthly cell phone
billing.
10.9 Personal Phone Calls
A. Purpose
Establish a policy on the use of personal phones calls in the work place.
B. Policy
Employees are encouraged to limit the initiation and receiving personal
phone calls during regular work hours. Personal cell phones should be
turned off or on vibrate during the workday. If it becomes necessary to
use their personal cell phone, the employee should, if possible, leave their
work area to go to a less populated or occupied area as to not disrupt the
conduct of Town business and to be considerate of other employees.
10.10 Use of Town Vehicles and Car Allowance
A. Purpose
The Town provides a limited number of employees with vehicles to assist
them in carrying out their jobs both effectively and efficiently.
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B. Policy
Vehicles shall only be authorized and assigned to departments and
individuals by the Town Manager. Department directors may recommend
the allocation of vehicles to their own department or to employees under
their supervision. (See Section 7 Employee Benefits of this manual. Any
Town employee who operates a Town vehicle must have a valid driver's
license for the type of vehicle operated.
10.11 Dress Code for Employees
A. Dress Code Policy
Employees of the Town are expected to dress in a manner that is
consistent with the duties and responsibilities of their job. Employees
should at all times represent the Town in a respectable and positive
manner including:
1. All clothing must be neat, clean, and in good repair
2. Personal cleanliness and good personal hygiene is required
3. Revealing clothing that is sheer or cut inappropriately is not
acceptable
4. Employees will be briefed on their department dress code policy.
5. Town Hall dress standard may differ from other Town locations as
they have the most business interaction. Directors with offices in
Town Hall will work with the Town Manager to develop a
consistent dress code for employees working in Town Hall.
6. If the department director notices, or is made aware, of an
employee's non - compliance with the Town or department
guidelines, the director will take action.
7. At certain times or for special events the Town Manager or
department directors may give employees permission to deviate
from the policy.
10.12 Drug and Alcohol Free Workplace
A. Policy
The Town prohibits the unlawful manufacture, distribution, dispensing,
possession or use of a controlled substance during working hours. Town
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employees ate also prohibited from reporting to work under the influence
of alcohol or controlled substances. In the event either prohibition is
violated, the employee is subject to disciplinary action up to and including
dismissal. (See Section 8 Safety, Health and Security of this manual for
details regarding the Town's Drug and Alcohol Workplace Policy).
B. Application
This policy applies to all Town employees. In addition, as required by
federal law the Town conducts random testing of those Town employees
holding Commercial Driver's Licenses or who are in safety sensitive
positions. The program also allows for testing as part of reasonable
suspicion of any employee.
C. Employee Assistance
The Town recognizes that a wide range of issues can affect an employee's
performance on the job. Consequently, the Town believes it is in the best
interest of employees and the Town to provide an effective program to
assist employees in resolving problems. The Town's employee assistance
(EAP) provides consultation services for referrals to local treatment
sources. However, participation in the EAP does not excuse employees
from complying with Town policies or from meeting normal job
requirements during or after receiving assistance. (See Section 7
\Employee Assistance Program of this manual for more information.).
10.13 Violence in the Workplace
A. Policy
The Town is committed to maintaining a workplace that is free from
violence or threats of violence. The Town will not tolerate violence
behavior or threats in the workplace. The workplace is considered to be
Town buildings and property, Town vehicles and private vehicles while
used on Town business, off -site training, or other assigned work locations.
B. Violent Behavior
No Town employee should be subject to verbal or physical conduct that is
violent in nature. in addition, no employee is permitted to engage in
violence or threaten violence toward another employee, supervisor,
manager, customer, or resident.
Examples of behavior covered by this policy include, but are not
limited to:
1. Violent physical actions;
2. Direct or implied threats to do harm to person or to property,
including intimidating use of one's body or physical objects;
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3. Verbally abusive or intimidating language and gestures;
4. Threatening, abusive or harassing communication (for example,
phone calls, letters, memoranda, faxes, e -mail, or voice mail
messages);
S. Unauthorized possession of a deadly weapon at the work site
6. Destructive or sabotaging actions against Town or personal
property;
7. Engaging in a pattern of unwanted or intrusive behavior against
another (for example: stalking, spying, etc.); or
8. Violation of a restraining order.
C. Duty to Report
An actual or reasonable perceived form or threat of violence involving a
Town employee or occurring in the workplace must be reported to a
supervisor or the Human Resources Department as soon as practical. This
report must be made regardless of who commits the violent or threatening
behavior, including a Town employee, contract employee, or a person
representing the Town, or a member of the public. If there is uncertainty
as to whether a situation constitutes violent or threatening behavior, the
concerned individual is encouraged to discuss the matter with a supervisor
or the Human Resources Department. Every employee has a
responsibility in reporting violence:
1. It is the duty of an employee who experiences violent acts or
behavior to report it.
2. It is the duty of any employee who witnesses or is aware of any
violence or the threat of violence to report it.
3. Supervisors, managers and executives should monitor their
respective work place and immediately intervene and report any
suspected behavior even if the person or persons engaged in the
conduct are not received a complaint.
4. Failure to report violent acts or threatening behavior can be a
serious offense and may result in discipline.
Each department, in conjunction with the Human Resources Department,
will conduct a prompt and thorough investigation in response to a report.
Violence in the work place is defined in Section 8 Safety, Health and
Security in this manual.
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_ Section 11: Employee Performance Evaluation
11.1 Application
The terms of this Section shall apply to all regular full -time and regular part-time
employees, with the following positions exempt:
A. The Town Manager shall be evaluated on an annual basis as determined
by the Town Council
B. The Town Attorney shall be evaluated by the Town Manager on an annual
basis.
C. Temporary Full -time and Temporary Part-time.
D. Flexible Part-time.
11.2 Policy
Performance goals and objectives are developed to encourage employees in aligning
individual job duties with the goals and objectives of their department and /or divisional
responsibilities. Individual performance accomplishments provide the opportunity to
evaluate the success of the individual and department in providing services to the citizens
and visitors to the Town. Performance evaluations are designed to determine how well
employees achieve established goals, perform job duties, and interact with customers,
coworkers, and team members.
Directors and supervisors are responsible for establishing departmental goals that
contribute to the Town's mission and to establish individual employee goals and /or duties
that contribute to successfully accomplishing both the department's goals and the Town's
mission. The purpose of employee performance evaluation is to help employees focus
work activities so that employee, department, and Town goals are achieved. The
performance evaluation may be used as the basis for personnel decisions, including
career development, salary increases, and disciplinary action, as appropriate. The
Performance Evaluation is designed so that employees:
A. Know what is expected of them;
B. Are given the opportunity to contribute to developing individual
performance goals;
C. Receive timely feedback about performance
D. Receive coaching and constructive criticism when appropriate;
E. Receive opportunities for education, training, career development, and
promotion;
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F. Receive recognition in a fair and equitable manner.
11.3. Responsibilities
A. Employee. All employees shall receive a semi -annual review and an
annual performance evaluation. All employees are responsible for:
1. Providing input to supervisor in the development of individual goals
and objectives that contribute to departmental goals and the Town's
mission;
2. Providing input to the performance evaluation, through the optional
self - evaluation opportunity;
3. Meeting expectations and achieving performance standards;
4. Discussing concerns and /or questions about any part of his/her job
description or performance evaluation with his/her supervisor; and
5. Identifying and participating in career development and training
opportunities
B. Supervisor. All supervisors are accountable for the responsibilities listed
below and the timeliness, fairness and accuracy of the performance
evaluations conducted for each of their subordinate employees. All
supervisors are responsible for:
1. Completing training on performance evaluations and recognition;
2. Reviewing departmental goals and objectives;
3. Seeking input from subordinate employees and working to develop
individual goals and identify duties and relevantjob competencies;
4. Providing clear expectations, consistent measures, and achievable
standards of performance;
5. Reasonably supporting and providing resources to meet performance
standards;
6. Providing coaching for correction of any identified job performance
deficiencies;
7. Identifying and encouraging participation in career development and
training opportunities;
8. Recognizing outstanding performance;
9. Conducting timely evaluations for each employee assigned to him /her;
and
10. Providing and reviewing a written copy of the job description,
including the primary functions of the job, for all new, reassigned, or
promoted employees.
C. Department Director. All department directors are responsible for:
1. Ensuring performance evaluations are completed in a timely fashion;
2. Ensuring that an appeals process is accessible to employees;
3. Ensuring consistency and equality we maintained throughout the
performance evaluation process;
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4. Ensuring performance evaluation ratings are well documented;
5. Ensuring goals and objectives are developed for the department; and
6. Reviewing, signing, and approving final performance evaluations.
D. Human Resources Department. The Human Resources Department is
responsible for:
1. Providing training on the performance evaluation process and forms to
all Town employees;
2. Maintaining files of all required performance documentation;
3. Actively supporting departments by providing guidance and assistance
in the practical application of the performance evaluation process;
4. Notifying supervisors of performance evaluation deadlines 30 calendar
days in advance of respective due dates;
5. Issuing optional self evaluation forms to all employees 45 calendar
days in advance of due dates;
6. Ensuring that an appeals process is accessible to employees;
7. Ensuring complete performance evaluation in a timely fashion; and
S. Providing a copy of the final evaluation to the employee upon request.
E. Town Manager. The Town Manager is responsible for:
1. Ensuring that all regular full -time and regular part-time employees are
given a semi - annual review and an annual performance evaluation;
2. Approving all regular full -time and regular part-time performance
evaluations.
11.4. Performance Evaluation Periods
A. Probationary Period. A newly hired, reassigned, or promoted employee
will be on probation for a period of one year in order to demonstrate that
he /she can perform the duties of the position in a satisfactory manner.
New, reassigned, or promoted employees shall receive a semi - annual
written review after completing 6 months of service in the position, and an
annual written performance evaluation at 12 months of service in the
position.
B. Non - Probationary. Employees shall receive a semi - annual review and an
annual performance evaluation annually. Employees shall receive the
semi - annual review midway through the performance evaluation period.
Employees shall receive the annual performance evaluation on or before
the performance evaluation on or before the performance evaluation due
date. The Human Resources Department will contact supervisors 30
calendar days in advance of an upcoming performance evaluation due
date.
C. Job Changes. If an employee is transferred, promoted or demoted; the
performance evaluation date changes to the effective date of the job
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change. When a supervisor permanently leaves his /her position, he /she
shall complete a written performance summary for each of his /her
subordinate. The written performance summary should be submitted to the
Human Resources Department so it can be placed in the employee's
personnel file.
D. Semi - Annual Review. A semi - annual review shall be conducted with
each employee midway through the evaluation period.
E. Other. An employee, supervisor or department director can request a
performance evaluation or review be completed at any time during the
year for any reason.
11.5. Employee Self- Evaluation (Optional)
Each employee should be afforded an opportunity to provide the supervisor with a self -
evaluation of his /her job performance for the evaluation period. The employee will
receive notification from the Human Resources Department of the opportunity to provide
a self - evaluation at least 45 calendar days prior to the annual performance evaluation due
date. If the employee chooses to provide written self - evaluation comments to his/her
supervisor for inclusion in the annual performance evaluation, they shall provide them at
least 30 working days prior to the performance evaluation due date. If the employee
provides a self - evaluation to the supervisor in a timely manner, the supervisor shall
review and consider the self - evaluation when completing the employee's performance
evaluation.
11.6. Signatures
The supervisor shall have the performance evaluation initialed by the department director
prior to meeting with the employee. At the conclusion of the evaluation, the form shall
be signed by both the supervisor and the employee. However, an employee's signature
does not reflect agreement with the assessment, only that the employee was given the
opportunity to review and discuss the written evaluation with the supervisor. Upon
request, an employee shall be granted a minimum of 5 working days to provide written
comments to be attached to a contested annual evaluation form. The department director
shall sign the evaluation after the employee has been given the opportunity to provide
written comments. The Director of the Human Resources Department and Town
Manager shall also sign the evaluation prior to placing the Performance Evaluation form
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TOWN OF LEESBURG PERSONNEL PROCEDURES MANUAL
11.7. Feedback
Supervisors should provide continuous feedback to their subordinate employees throughout
the year. The assessment of particularly good performance, or the need for improvement, is
best communicated in the course of normal daily interactions and discussions with the
employee, or in periodic meetings set up for that purpose.
If an employee is not receiving adequate feedback, the employee should ask his/her
supervisor for suggestions on ways to improve the lines of communication. With regular
communication, there should be no unexpected outcomes when the performance evaluation
is completed.
The content of performance evaluations are not subject to the Town of Leesburg Grievance
Procedure.
11.8. Training for Performance Evaluations
Training is critical to providing a quality performance evaluation process. Individuals
responsible for reviewing employee performance shall complete annual mandatory training
on how to implement the performance evaluation process. Additional programs are
available to train, support, and guide supervisors and employees in the development of
goals, givingireceiving effective feedback, and writing performance measures and
standards. New supervisors are required to attend mandatory training sessions on
conducting effective performance evaluations within six months of their appointment.
Employees are encouraged to attend training to better understand the performance
evaluation process and forms.
11.9. New Employee Orientation
The New Employee Orientation session will introduce the performance evaluation process.
11.10. Documenting Performance
While it is part of each supervisor's responsibility to document performance, employees are
also strongly encouraged to document their own performance. Documentation of
performance is critical to support and justify performance evaluation scores. Accurate
record- keeping and documentation is the key to a successful and effective performance
evaluation.
11.11. Retention of Performance Evaluation Forms
A. Completed Performance Evaluation Forms. Performance evaluation
forms, including those developed for re- evaluation, are official personnel
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documents and must be retained in the employee's official personnel files
when completed.
B. Confidentiality. Performance Evaluations and all related forms are to be
held in strict confidence. Only the following individuals may obtain access
to an employee's performance evaluation: employee, supervisor, reviewer
(if other than the employee's supervisor), department director, or those
specifically authorized by the Human Resources Director acting on official
Town business.
11.12. Absenteeism During Performance Evaluation Period
Supervisors may consider the length of time that an employee performed his/her job during
the evaluation period. An employee must have actively worked his /her regularly scheduled
hours for at least 120 work days during the performance evaluation period to qualify for a
merit increase.
However, the following types of leave shall not negatively impact the employee's overal l
performance rating: overtime, compensatory, on -call, worker's compensation, military,
Family and Medical Leave, and Short-term Disability under the Virginia Sickness and
Disability Program (VSDP). In addition, Worker's Compensation (Code of Virginia,
Section 2.1-114.5(5)f Section 2.2 -1201 after 10 /l /01], military, Family and Medical Leave,
Short-term disability, and Long -term disability working status leave shall not affect
qualification for a merit increase.
11.13. Performance Improvement Plan (PIP)
An employee who receives a rating of "Needs Improvement" shall develop a Performance
Improvement Plan (PIP) with his/her supervisor.
The Performance Improvement Plan (PIP) is designed to facilitate constructive discussion
between an employee and his/her supervisor and to clarify the work performance to be
improved. The PIP establishes clear, fair and specific performance goals to be measured
during the following three months.
It is recommended that the supervisor and Human Resources Department review the plan to
ensure consistent and fair treatment of Town employees. The supervisor monitors and
provides feedback to the employee regarding his/her performance related to the PIP during
the three month period.
The supervisor should review the following four items with the employee when discussing
the PIP:
A. State performance to be improved. Examples of desired improvements
should be specifically cited in writing.
B. Consistently state expectations to be met.
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C. Communicate the feedback plan to the employee. Meeting times should
be specified along with who will and how often the performance measures
will be reviewed and how progress will be documented.
D. Specify possible consequences if improvements in job performance are
not achieved.
PIP Outcome
If the employee receives a rating of "Needs Improvement" or lower following the three
month re- evaluation period, the employee may be demoted, reassigned, or terminated at the
discretion of the Town Manager.
11.14. Appeals
A. Supervisor/Reviewer Level. If an employee disagrees with a performance
evaluation, he /she should first discuss the issues of concern and
disagreement with the reviewing supervisor. The employee shall provide
supporting documentation to justify any requested revisions. The supervisor
shall inform the employee in writing of his/her decision regarding the appeal
and provide any revisions to the original performance evaluation to the
employee within 10 working days of receiving the appeal.
B. Department Director Level. If an employee cannot resolve the appeal with
the supervisor, the employee may submit a written appeal with supporting
documentation to the department director requesting intervention and
additional review of the evaluation. The department director shall inform
the employee and supervisor of his/her findings regarding the appeal within
10 working days of receiving it. The department director may require the
supervisor to revise the evaluation based on the outcome of the appeal.
C. Human Resources Department Level. Should the department director's
decision not satisfy either the employee or the reviewing supervisor, the
employee or supervisor may appeal in writing to the Human Resources
Director. The employee, supervisor and department director shall meet with
the Human Resources Director to discuss the appeal. The Human Resources
Director should inform the employee, supervisor and department director of
his/her findings regarding the appeal within 10 working days of receiving it.
The Human Resources Director may require a supervisor to revise the
evaluation based on the outcome of the appeal.
D. Town Manager Level. Should the Human Resources Director decision not
satisfy the employee, reviewing supervisor, department director any of these
individuals may appeal to the Town Manager. The employee, supervisor,
department director, and Human Resources Director shall meet with the
Town Manager to discuss the appeal. The Town Manager shall indicate in a
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written response within 10 working days of receiving the appeal whether
he /she supports the original performance evaluation, the appeal or an
alternative position.
1. The appeal's written response should indicate one of the following:
a. Agreement with the evaluation;
b. Revision of the evaluation; or
c. Completion of anew evaluation.
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TOWN OF LEESBURG PERSONNEL PROCEDURES MANUAL
Section 12: Employee Incentives/Recognition
12.1 Policy.
It is the policy of the Town to encourage all employees to fully participate in providing the
best service to our citizens. Providing recognition to employees for their loyal and
dedicated service to the Town has a positive impact on morale and productivity.
Employees who feel appreciated for their work have greater incentive to remain employed
by the Town and to demonstrate excellence in public service. To achieve this, the Town
will recognize individuals and teams who demonstrate exceptional customer service,
continuous improvement, and/or teamwork.
The Town participates in the annual Public Service Employee Recognition month, currently
designated in May. Therefore May will be the month in which all awards, with the
exception of spot awards, will be presented.
12.2 Recognition Principles
A. Guiding Principles for Recognition and Incentives:
1. Deserving employees should receive some form of appreciation
throughout the year even if only a verbal or written thank you from a
supervisor.
2. Appropriate public recognition can enhance impact of any form of
appreciation, e.g. at a staff meeting.
3. Appropriate recognition should take into account what is meaningful to
the person being recognized.
4. Every employee has a responsibility to ensure actions that merit
recognition are brought to the attention of a supervisor.
S. Recognition should never become an entitlement or expected
compensation.
6. Both team and individual recognition is important.
7. Recognition of any type must be fairly and equitably considered
throughout the organization.
12.3 Responsibilities
A. The Human Resources Department
1. Has the overall responsibility to administer the recognition and
incentives program.
2. Assists departments in the interpretation and execution of this program.
3. Works with the Employee Advisory Committee (EAC) to Reviewthe
Program and recommend changes as necessary to the Town Manager.
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B. The Finance Department
1. Determines tax implications of reward on employee pay (if any)
2. Facilitates payment to award winners.
C. Town Manager/Department Directors
1. Use the policy as a framework to develop recognition programs within
their departments tailored to the needs of their employees.
2. Ensure that recognition and incentives are fairly and uniformly
administered based on merit.
3. Ensure that deserving employees are recognized in a timely manner to
enhance the impact of the recognition.
4. Ensure that adequate funds exist to cover monetary recognition and
employee recognition activities during employee recognition month.
C. Supervisory/Managerial Employees
Supervisory/managerial employees are encouraged to assist department
directors in ensuring that employees receive appropriate recognition.
D. Peers
Peers are encouraged to recognize each other for team and individual efforts.
12.4 Types of Recognition
A. Individual Awards.
The Awards Committee, through the office of the Town Manager shall
determine the awards categories and required criteria for any given year They
will work in concert with the aforementioned groups to assure the intentions of
the policy are met. The following categories should be considered, but not
limited to: service /longevity bonus, safety team award, innovation/cost savings
award, customer service award, outstanding ideas. The Awards Committee,
through the office of the Town Manager will be responsible for soliciting
nominations for these awards. Recipients of these awards will be recognized
during the annual award ceremony. The Awards Committee is composed of
volunteers from various departments.
]. Eligibility. All regular Town employees in all classifications are
eligible to be nominated to receive an award.
2. Nomination. Any eligible employee may nominate another employee
by submitting the nomination form provided by the Awards Committee.
The forms will be submitted to the Awards Committee by the deadline
set forth in its solicitation material. The nomination must explain how
the nominated employee has demonstrated a commitment to service
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excellence and provide additional supporting documentation such as
letters or Council minutes.
3. Selection. Selections are made by the Awards Committee in
coordination with the office of the Town Manager
4. Award Presentation. Every attempt shall be made to recognize
employees in a timely manner so that the recognition does not lose its
impact. The actual award will be presented during the Annual Award
Ceremony in May.
5. Notification: Employees who are nominated, but not selected, will be
informed of their nomination as a courtesy.
B. Service /Longevity Awards. These awards are presented to recognize
individuals who have been employed with the Town in five year increments,
beginning with five years. Determination of these awards is based on the fiscal,
not calendar year.
C. Spot Awards. Small awards with a value to be determined by the Town
Manager can be given by department directors, and /or the
Town Manager. These discretionary awards are granted on the spot to an
employee, or team of employees who perform an outstanding act or service
for the Town. Spot awards will not be included during the annual awards
ceremony and will be presented as follows:
1. Selection. Department directors and/or the Town Manager may give a
Spot Award to any Town employee, or group of employees who have
demonstrated outstanding service to that department or the Town, and
are not limited to those employees within their department.
2. Nomination. Department directors and /or the Town Manager will
complete the Employee Spot Award Form and submit it to the Human
Resources Department. Peers may recommend a coworker to a
department director or to the Town Manager. If an award is being given
outside of their own department, the signature of that employee's
department director must be obtained prior to notifying the employee.
3. Award Presentation. The nominating director will provide one copy
of the nomination form along with a certificate (to be prepared by
Human Resources) to the recipient of the award. The director will keep
one copy of the paperwork and will give one copy to the Finance
Department.
a) If the Spot Award is presented to a team, two options are
available: a designated amount can be used to purchase edibles or
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other items that can be enjoyed by all members of the team, OR
cash awards can be given to each team member in an amount to
be determined by the Town Manager, not to exceed the
department's allocated amount.
D. Outstanding Performer Award.
An outstanding performer award may be appropriate when an employee is
recognized for exemplary performance. The rewarded performance must be
unique and identifiable as an act or series of closely related acts which directly
achieved or significantly helped organizational goals.
A one time payment in an amount to be determined by the Town Manager
may be awarded to an individual if it is supported by thorough documentation
and approved by the proper levels of management.
1. Nomination.
Department directors and /or the Town Manager may nominate any Town
employee, or group of employees who have demonstrated outstanding
service to that department or the Town resulting in monetary savings,
exemplifying Town values, identifying a process improvement, initiating
productivity enhancements , displaying innovation/creativity, and
consistently displaying a positive attitude.
2. Selection.
Department directors must use careful discretion and limit this
award to only unique and well deserving cases. Special criteria and
guidelines will be put forth by the Awards Committee in conjunction
with the Human Resources Department and office of the Town Manager.
Final selection will be made by the Awards Committee.
3. Award Presentation.
Every attempt shall be made to recognize employees
in a timely manner so that the recognition does not lose its impact. The
employee will also be recognized at the Annual Award Ceremony in
May.
12.5 Awards Presentation
A. Annual Recognition Event.
Each year the Town will sponsor an event which recognizes employees and to
present awards for noteworthy achievements. This event may be a luncheon,
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reception or other designated event. Special award winners, service award
recipients and their department directors, along with the Town Manager, Mayor
and Town Council will be invited to participate in this event.
B. Annual Awards Ceremony.
Each year, prior to the employee recognition event, award winners and service
recipients shall be honored at a ceremony to take place publicly with all
employees of the Town, Mayor and Council invited to participate.
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Section 13: Employee Discipline
13.1 Policy
Discipline is a process that is used to address inappropriate behavior. It is the policy of
the Town that discipline or the correction of improper behavior is done at the lowest
level, with the first line supervisor. The Town behavior that violates laws, policies,
regulations, procedures and rules, or that results in unacceptable performance and
unethical conduct. Disciplinary action shall be imposed fairly and impartially and shall
be proportional to the seriousness of the issue being addressed. Supervisors are primarily
responsible for handling disciplinary issues.
13.2 Coverage
This section applies to all Town employees including regular full -time and part-time
employees as well as flexible employees. All Public Safety Employees, sworn and
civilian, are covered by the provisions set forth in this section, but may also be subject to
General Orders approved by the Chief Of Police. This section does not apply to the
Town Manager or Town Attorney, as they serve at the pleasure of the Town Council.
13.3 Causes for Disciplinary Action
The following shall be causes for disciplinary action, however this list shall not be
considered all inclusive.
• Habitual tardiness or absenteeism
• Absence from designated work area without permission
• Conducting personal business on Town time without authorization
• Failing to follow safety regulations
• Acts of incompetence
• Absence without leave
• Making false claims of illness or misuse of sick leave
• Failure to report accidents or personal injuries
• Dealing with the public in a discourteous or unprofessional manner
• Insubordination
• Failing to maintain high standards of conduct
• Negligence or carelessness resulting in damage to municipal property or
equipment
• Misappropriation, destruction, theft or conversion of municipal or private
property
• Proceeding to work under the influence of alcohol, narcotics, or controlled
substances without a valid prescription from a physician
• Using alcohol, narcotics, or other controlled substances on municipal
property at any time without a physician's prescription
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• Operating municipal equipment under the influence of alcohol, narcotics
or controlled substances outside of the guidelines set forth by a valid
prescription from a physician
• Granting of special favors or privileges, in the course of work, not
normally available to citizens or use of confidential information obtained
during the course of work for personal gain or private benefit of others
• Using or attempting to use political influence in the securing of a
promotion, leave of absence, transfer or any change in status as an
employee of the Town
• Violating any Town Policies including but not limited to Equal
Employment Opportunities, Sexual Harassment, and Internet Policies.
• Being convicted or admitting to participation of a felony or serious
misdemeanor crime that could negatively affect their job or job
performance.
• Acts of misconduct while on duty
13.4 Disciplinary Actions
Disciplinary actions shall be proportional to the seriousness of the violation and shall
generally be progressive in nature. Disciplinary actions may include some of the
following:
• Oral Counseling— To explain policies and advise against further violations.
Generally, an oral warning is informal, and no record is kept.
• Oral Reprimand — To advise employee that continued violation will not be
tolerated. A supervisor may keep an informal memo to record the
reprimand, however no written reprimand is given to employee and
nothing goes into the employee's personnel file.
• Written Reprimand — A copy goes to department director and to the
Human Resources Department for the employee's personnel file.
• Suspension —Requires notification from department director through
Human Resources Department and requires approval from Town Manager
• Dismissal — Requires approval from Town Manager for regular
employees, but not for flexible employees.
• Other forms of disciplinary action as deemed appropriate by the Town
Manager
13.5 Discipline Procedure
It is the responsibility of the supervisor to speak with the employee concerning the
conduct requiring disciplinary action. The actions that can be taken for correcting
disciplinary problems will depend on the severity of the action. The supervisor should
keep a log to document the steps taken.
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The possible actions are enumerated in Section 13.4 Disciplinary Actions of this manual.
If a written reprimand is warranted, a copy needs to go to the employee, his /her Human
Resources personnel folder, and the Department Director.
If the situation requires that the employee be suspended or dismissed, Town Manager
approval will be required.
13.6 Employee Appeal
If the employee feels he/she is being wrongly disciplined, he /she may appeal the decision
through the grievance procedures. See Section 14 Grievance Process in this manual.
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Section 14: Grievance Process
14.1 Statement of Policy
The Town is committed to the policy that Town employees will receive fair and equitable
treatment in all aspects of human resources management (Merit Principle #1). The
purpose of this policy is to provide a clearly defined process that allows employees of the
Town to submit a grievance if they feel they have not been treated fairly and equitably,
and that such grievances shall be handled in a prompt, fair and orderly manner. Further,
employees must feel that they can file a grievance without threat of discrimination,
coercion, recrimination, restraint or reprisal.
14.2 Coverage of Personnel
This grievance procedure is applicable to Town personnel as follows:
A. Regular full -time and regular part time employees in authorized
positions listed in the personnel definition section as approved
by the Town council, are eligible to file grievances under this
procedure with the following exceptions:
1. The Town Manager
2. The Town Attorney
3. Employees serving a probationary period
4. Employees whose terms of employment are limited by law
5. Appointees of elected individuals or selected groups
6. Flexible, limited term and seasonal employees
B. The Town Manager shall determine the officers and employees by position
excluded from this grievance procedure and shall maintain a list of such
positions in the Department of Human Resources_
C. The Equal Employment Opportunity Commission (EEOC) Discrimination
Complaint Procedure promotes equal employment opportunities for Town
employees and provides a means for internal resolution of sexual harassment
complaints, and/or discrimination complaints which are based on race, color,
religion, national origin, gender, age, political affiliation, marital status,
disability or sexual orientation.
14.3 Police Officer Procedural Guarantees
A. Sworn police officers of the Town are provided certain procedural rights in
matters which could lead to dismissal, demotion, suspension, or transfer for
punitive reasons. These rights are mandated by the Law Enforcement
Officers' Procedural Guarantee Act, Section 9.1 -500 -507, Code of Virginia
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(1950), as amended. Sworn officers, with the exception of the Chief of Police
and officers on probation may elect to proceed under the Town's grievance
procedure, or the Law Enforcement Officers' Procedural Guarantees, but not
both procedures.
B. Nothing in this section will be construed to prohibit the informal counseling of
a law enforcement officer by a supervisor for a minor infraction of policy or
procedure which does not result in a disciplinary action.
14.4 Definition of Grievance
The grievance shall be a complaint or dispute by an eligible Town employee relating
to his or her employment, including but not limited to:
A. Disciplinary actions, including dismissals, disciplinary demotions, and
suspensions, provided that dismissals result from formal discipline or
unsatisfactory job performance; Performance evaluations are not grievable.
B. The application of personnel policies, procedures, rules and regulations,
including the application of policies involving matters referred to in Section
15.4 below;
C. Discrimination on the basis of race, color, religion, national origin, gender,
age, political affiliation, marital status, disability, or sexual orientation;
D. An act of retaliation as a result of the participation in a grievance action or
because the employee, in complying with any law of the United States or of
the Commonwealth, has reported any violation of such law to a governmental
authority, has sought any change in law before the Congress of the United
States or the General Assembly, or has reported an incidence of fraud, abuse,
or gross mismanagement.
14.5 Town Responsibilities
The Town shall continue to have the exclusive right to manage the affairs and
operations of government. Accordingly, the following complaints are nongrievable
except where such actions affects an employee who has been reinstated within the
previous six months, as a result of the final determination of a grievance,
termination, layoff, demotion or suspension from duties because of lack of work,
reduction in work force, or job abolition:
A. Establishment and revision of wages or salaries, position classification orl
general benefits;
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Work activity accepted by the employee as a condition of employment or
-- work activity which may reasonably be expected to be a part of the job
requirements;
C. The contents of ordinances, statutes or established personnel policies,
procedures, rules and regulations;
D. Failure to promote except where the employee can show that established
promotional policies or procedures were not followed or applied fairly,
E. The methods, means and personnel by which work activities are to be carried
out, including, but not limited to: (1) provision of equipment, tools and
facilities necessary to accomplish tasks; (2) scheduling of
manpower / personmel resources; and (3) training and career development.
F. The hiring, promotion, transfer assignment and retention of employees within
the Town;
G. The relief of employees from duties of the Town government in emergencies.
In any grievance brought under the exception to provision (f) of this section,
the action shall be upheld upon a showing by the Town that: a) there was a
valid business reason for the action, and b) the employee was notified of the
reason in writing.
14.6 Grievance Filing Procedure
A. Overview. All grievable employment complaints and disputes will be
administered in the manner here specified and processed within the stated
time limits. Personal face -to -face meetings are required for all steps. With
the exception of the final management step, the only persons who may
normally be present in the management step meeting are the grievant, the
appropriate Town official at the level at which the grievance is being heard,
and appropriate witnesses for each side. Witnesses shall be present only while
actually providing testimony. At the final management step, the grievant, at
his/her option, may have present a representative of his/her choice. If the
grievant is represented by legal counsel, local government likewise has the
option of being represented by counsel.
B. Multiple Grievances. Prior to appointing a hearing officer, multiple
grievances may be treated by the parties in ajoint manner. The parties could
agree to address two or more grievances at any given management step. If
more than one grievance is pending involving the same factual background
and the same issues or policies, either party may request consolidation for
hearing purposes. Accordingly, grievances may be consolidated for hearing
without a request from either party.
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C. Filing Process
1. Step 1: File Grievance with Immediate Supervisor
An employee who has a grievance shall discuss the problem with his/her
immediate supervisor. A grievance alleging discrimination, harassment or
retaliation by the immediate supervisor may be initiated with the next
level supervisor /manager or other management official.
a) Within 20 working days of the occurrence of the event to be
grieved or knowledge of such occurrence, whichever is later, the
employee must present this initial statement of grievance to the
his/her immediate supervisor.
b) The immediate supervisor (or other management official) will
investigate such complaint and respond to the employee within five
working days after this initial discussion.
2. Step 2: Meeting with Immediate Supervisor and Department Director.
A. If the response from step 1 is not acceptable to the grievant, the
grievant may file, within five working days from his or her receipt
of the supervisor's response to step 1, a written grievance.
B. The grievant must present this written grievance to the immediate
supervisor and forward a copy to the department director. The
grievance must be filed on a grievance form and must specify the
relief sought.
C. The immediate supervisor and the department director will meet
with the grievant within two working days after receipt of the
written grievance to discuss the grievance.
D. Within three working days after this meeting, the department
director will respond to the grievance in writing.
3. Step 3: Meeting with Town Manager.
a) If the department director's written reply from step 2 is not
acceptable to the grievant, the grievant may request, in writing, a
meeting with the Town Manager for further consideration of the
grievance. This request must be made within three working days
from receipt of the reply from the department director.
b) This meeting shall be scheduled within ten working days from
receipt of the request from the grievant.
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e) The Town Manager will hear both sides of the dispute, investigate
causes, and provide a written reply to the grievant within five
working days of the meeting.
4. Step 4: Request for Panel hearing
a) If the Town Manager's reply from step 3 is not acceptable to the
grievant, the grievance may be considered at a panel hearing.
b) The request for a panel hearing must be made on the grievance
hearing request form to the Town Manager. This form is available
electronically on the Town's website, or through the Human
Resources Department.
c) Request for a panel hearing must be received by the Town Manager
within five working days after the receipt of the step 3 reply.
14.7. Compliance
A. After the initial filing of a written grievance, failure of either party to comply
with all procedural requirements of the grievance procedure, including the
panel hearing, without just cause, shall result in a decision in favor of the
other party on any grievable issue, provided the party who is not in
compliance fails to correct the noncompliance within five workdays of receipt
of written notification. Such written notification by the grievant shall be made
to the Town Manager, or appointed designee.
B. The Town Manager or appointed designee, at his/her option, may require a
clear written explanation of the basis for just cause extensions or exceptions.
The Town Manager or appointed designee shall determine compliance issues.
Compliance determinations made by the Town Manager shall be subject to
judicial review by filing a petition with the Loudoun County Circuit Court
within thirty calendar days of the compliance determination.
14.8 Qualification for Panel Hearing
A. Qualifying Actions
Not all grievances proceed to a hearing. Only grievances that challenge
certain actions qualify for a hearing.
B. Actions Which Automatically Qualify
A. Formal discipline (written notice), and;
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B. Dismissal for unsatisfactory performance.
C. Actions Which May Qualify
The grievant may qualify for a hearing if (1) it claims, and (2) the facts, taken
as a whole, raise a sufficient question as to whether an adverse employment
action has occurred, as a result of one or more of the following:
1. Unfair application or misapplication of state and Town personnel
policies, procedures, rules, and regulations;
2. Discrimination on the basis of race, color, religion, national origin,
gender, age, political affiliation, marital status, disability or sexual
orientation;
3. Arbitrary or capricious performance evaluation;
4. Retaliation for participating in the grievance process, complying with
any law or reporting a violation of such law to a governmental authority,
seeking to change any law before Congress or the General Assembly,
reporting an incidence of fraud, abuse, or gross mismanagement, or
exercising any right otherwise protected by law; or
5. Informal discipline — for example, terminations, transfers, assignments,
demotions, and suspensions — which are not accompanied by formal
discipline (a Written Notice) but which are taken primarily for
disciplinary reasons.
D. Actions Which Do Not Qualify
Claims that relate solely to the following issues do not qualify for a hearing:
1. Establishment or revision of wages, salaries, position classifications,
or general benefits;
2. Contents of statutes, ordinances, personnel policies, procedures, rules,
and regulations;
3. Means, methods, and personnel by which work activities are
undertaken;
4. Hiring, promotion, transfer, assignment, and retention of employees;
5. Termination, layoff, demotion, or suspension from duties because of a
lack of work, reduction in work force, or job abolition;
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6. Work activity accepted by an employee as a condition of employment
or which reasonably may be expected to be part of the content of the
job;
7. Relief of employees from duties in emergencies; or
8. Informal supervisory actions — for example, interim evaluations,
counseling memoranda, and oral reprimands.
The fact that the claim challenges an action under this section does not
preclude it from qualifying if (l) the grievance claims, and (2) the facts,
taken as a whole, raise a sufficient question as to whether the action
constituted an adverse employment action that was improperly tainted
by (a) misapplication or unfair application of policy, (b) discrimination,
(c) arbitrary performance evaluation, (d) retaliation, or (e) unwarranted
discipline.
14.9 Determination of Qualification for Panel Hearing
A. Decisions regarding grievances and access to the procedure shall be made by
the Town Manager or appointed designee, at any time prior to the panel
hearing, at the request of the Town or grievant, within ten calendar days of the
request.
B. The Town Attorney shall not be authorized to decide the question of
grievability.
C. A copy of the grievance ruling shall be sent to the grievant. Decisions of the
Town Manager or appointed designee may be appealed to the Loudoun
County Circuit Court for a hearing on the issue of whether the grievance
qualifies for a panel hearing.
D. Proceedings for the review of the decision of the Town Manager or appointed
designee shall be instituted by the grievant by filing a notice of appeal with
the Town Manager within ten calendar days from the date of receipt of the
decision and giving a copy thereof to all other parties within ten calendar
days.
E. Thereafter, the Town Manager or appointed designee shall transmit to the
clerk of the court to which the appeal is taken:
a. Copy of the decision of the Town Manager,
b. Copy of the notice of appeal, and
c. The exhibits.
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F. A list of the evidence furnished to the court shall also be furnished to the
grievant. The failure of the Town Manager or appointed designee to transmit
the record shall not prejudice the rights of the grievant. The court, on the
motion of the grievant may issue a writ of certiorari requiring the Town
Manager to transmit the record on or before a certain date.
G. Within thirty calendar days of receipt of such records by the clerk, the court,
without a jury, shall hear the appeal on the record transmitted by the Town
Manager or his or her designee and such additional evidence as may be
necessary to resolve any controversy as to the correctness of the record. The
court, in its discretion, may receive such other evidence as the ends of justice
require. The court may affirm the decision of the Town Manager or his or her
designee, or may reverse or modify the decision. The decision of the court
shall be rendered no later than the fifteenth calendar day from the date of the
conclusion of the hearing. The decision of the court is final and may not be
appealed.
14.10 Procedures for and Conduct of Grievance Hearings
A. Except as otherwise noted, the following rules apply to all
levels of grievance bearings.
1. Role of the Director of Human Resources.
a) The Director of Human Resources or his /her designee shall advise
both employees and supervisors in matters concerning this
grievance procedure.
b) Where a grievant appeals the Step 2 or Step 3 decision, the
Director of Human Resources or his/her designee shall transmit the
grievance record to the hearing officer or grievance panel, as the
case may be, at the next higher level.
c) During Step 3 and Step 4 hearings, the Director of Human
Resources or his/her designee shall serve the hearing officer or
grievance panel, as the case may be, as facilitator and advisor on
personnel- related matters.
d) Neither the Director of Human Resources nor his/her designee
shall be present during the grievance panel's private deliberations
and decision- making process
e) Time intervals specified in Steps 1 through 4 may be extended by
mutual consent of the parties.
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f) Assure that all requirements for the Americans with Disabilities
Act of 1990 are met for any parties participating in the Grievance
Process
B. Scheduling
1. When a deadline falls on a Saturday, Sunday, or Town holiday, the next
calendar day that is not a Saturday, Sunday, or Town holiday shall be
considered the last calendar day.
2. As far as practical, all grievance hearings shall be held during normal
Town working hours.
3. Town employees who are necessary participants at grievance hearings
shall not lose pay for time necessarily lost from their jobs and will not be
charged leave because of their attendance at such hearings.
4. At the Step 4 hearing, the grievant, at his option, may have present a
representative of his choice. The grievant may be represented by legal
counsel. The Town likewise has the option of being represented by
counsel.
C. Pre - hearing Conference
A pre - hearing conference is required and, at the hearing officer's discretion,
may be conducted in person or by telephone. This conference provides the
opportunity to manage the hearing by addressing procedural and evidentiary
issues. It allows either party to request a particular witness or a particular
document to be available during the hearing. The Town must make available
any employee ordered by the hearing officer to appear as a witness.
D. Recording
1. The use of recording devices or a court reporter is not permitted at Step 1,
2, and 3 hearings. Only Step 4 hearings may be recorded. Where a Step 4
hearing is recorded, it will be the responsibility of the Director of Human
Resources or his/her designee to make the recording. There will be no
other recording permitted. If the grievant desires a transcript of the
hearing, he shall bear the costs thereof.
2. Hearings are not intended to be conducted like proceedings in court and
the rules of evidence do not necessarily apply.
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E. Privacy
1. At Steps 3 and 4, the hearing officer or the grievance panel, as the case
may be, shall have the discretion to limit the attendance at the hearing of
persons not having a direct interest in the hearing; however, the Director
of Human Resources and /or his designee may be present at any hearing.
2. At the request of either party, Step 3 and Step 4 hearings shall be private.
F. Witnesses and Evidence
1. Except in cases involving discipline or in cases where the hearing officer
or the grievance panel, as the case may be, determines otherwise, the
grievant shall present his evidence first.
2. The hearing officer or grievance panel, as the case may be, shall determine
the propriety of and the weight to be given the evidence submitted.
3. Both the grievant and the Town may call appropriate witnesses. All
witnesses, including the grievant, shall be subject to examination and
cross - examination. The Town shall make available for hearing any
employee ordered by the Human Resources Director or designee to appear
as a witness.
4. Witnesses shall be present only while actually giving testimony.
5. The grievant shall not be entitled to recover more than that which he/she
has lost.
6. Where a grievant has obtained partial relief at one level of this grievance
procedure but decides to appeal to the next higher level, the filing of a
request form to the next higher level shall constitute rejection of, and
relinquishment of any claim to, any and all relief granted at the previous
level.
G. Fees
1. An employee is entitled to an award of reasonable attorneys fees if he or
she files a grievance that challenges his or her discharge; is represented by
an attorney at hearing; and "substantially prevails" on the merits of the
grievance; unless special circumstances make an award unjust.
"Substantially prevail" means the hearing officer's decision must contain
an order that the agency reinstate the employee to his or her former (or a
similar) position.
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2. Within 15 days following the hearing officer's initial decision ordering
reinstatement, said officer must receive from counsel for the grievant a
petition for the award of reasonable attorney's fees. This petition must
include an affidavit itemizing services rendered, time billed, and hourly
rate not to exceed $144 per hour. This petition must be provided to the
Town at the time it is submitted to the hearing officer.
14.11. Grievance Panels and Panel Hearings.
A. Selection of Grievance Panel.
1. Within five calendar days of receipt of the Step 4 request form, the Town
Manager or his/her designee shall appoint a member to serve on a
grievance panel. The panel members are selected from a list maintained by
the Human Resources Department. The grievant shall select the second
member of the grievance panel. The third member is selected by these
two panel members.
2. If the panel member appointed by the grievant and the panel member
appointed by the Town Manager or his/her designee cannot agree upon a
third panel member within 20 calendar days of the Town's receipt of the
grievant's Step 4 request form, the third member shall be appointed by the
Chief Judge of the Loudoun County Circuit Court.
B. Eligibility to Serve on a Grievance Panel
1. The panel shall not be composed of any persons having direct involvement
with the grievance being heard by the panel, or with the complaint or
dispute, giving rise to the grievance. Managers who are in a direct line of
supervision of a grievant, persons residing in the same household as the
grievant, and the following relatives of a participant in the grievance
process or a participant's spouse are prohibited from serving as panel
members: spouse, parent, child, descendants of a child, sibling, niece,
nephew, and first cousin. No attorney having direct involvement with the
subject matter of the grievance, nor a partner, associate, employee, or co-
employee of the attorney shall serve as a panel member
2. The following rules apply to Step 4 grievance panels and the conduct of
Step 4 grievance panel hearings:
a) The grievant shall bear the reasonable costs and expenses, if any,
of his panel members.
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b) The Town shall bear the reasonable costs and expenses, if any, of
its panel members and those of the third panel member unless the
grievant objects. Upon objection, the reasonable costs and
expenses of the third panel member shall be shared equally
between the Town and the grievant.
c) No person shall receive any compensation, whether monetary or
otherwise, for his time in serving as a member of a grievance
panel. Notwithstanding this prohibition, a Town employee serving
as a member of a grievance panel may receive his usual salary for
the period he serves on such a panel.
d) The panel shall set the date, time, and location for hearing the
grievance and shall notify the parties within three (3) business
days.
e) At the request of the grievant, at least ten calendar days prior to the
scheduled panel hearing, the grievant and his attorney shall be
allowed access to and copies of all relevant files intended by the
Town to be used by it at the panel hearing.
t) The grievant shall furnish to the Town copies of all documents,
exhibits, and a list of witnesses it intends to use at the panel
hearing seven calendar days in advance of the hearing. Three
calendar days after receiving these items from the grievant, the
Town shall furnish to the grievant copies of all documents,
exhibits, and a list of witnesses it intends to use at the panel
hearing.
g) Both the grievant and the Town may be represented by legal
counsel or other representative at the panel hearing. Such
representatives may examine, cross - examine, question, and present
evidence on behalf of the grievant or the Town before the panel
without being in violation of the provisions of Virginia Code
§54.1 -3904.
h) The panel shall have the authority to determine the admissibility of
evidence without regard to the burden of proof, or the order of
presentation of evidence, so long as a full and equal opportunity is
afforded to all parties for the presentation of their evidence.
i) All evidence shall be presented in the presence of the panel and the
parties except by mutual consent of the parties.
TOWN OF LEESBURG PERSONNEL PROCEDURES MANUAL
j) The decision of the panel should be rendered as soon as possible,
but, in any case, not later than five calendar days following the
conclusion of the hearing.
k) The panel shall have the authority, if it finds (based on the greater
weight of the evidence) that the grievant has been denied a benefit
or wrongly disciplined without just cause (where such cause is
required) to reverse, reduce, or otherwise modify such action and,
where appropriate, to order the reinstatement of such employee to
his former position with back pay.
i. Back pay shall not exceed pay for time actually lost due to
such suspension or discharge, in an amount the panel
believes equitable.
ii. Any award of back pay shall be offset by interim earnings
the grievant earned during the period of separation.
iii. The panel also has the power to uphold the Town's action.
1) The panel shall not have authority to do any of the following-
i. Formulate policies or procedures.
ii. Alter existing policies or procedures.
iii. Circumscribe or modify the rights of the Town as outlined
in this procedure.
iv. Exonerate an employee from all discipline when the guilt
of the employee is admitted or is beyond question in the
view of the panel.
v. Grant relief greater than that which the grievant has
requested in the request form.
m) The majority decision of the panel, acting within the scope of its
authority, shall be final and binding, subject to existing policies,
procedures, and law.
n) The Human Resources Director or designee must be notified of
any withdrawal of grievance and/or settlement between the parties
prior to the issuance of a hearing decision.
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o) The panel decision shall be provided within 5 business days after
the panel hearing to all parties. In hearings contesting formal
discipline, if the hearing panel finds that:
(a) The employee engaged in the behavior described in the
written notice;
(b) The behavior constituted misconduct; and
(c) The department's discipline was consistent with law and
policy; Then
(d) The department's discipline must be upheld and may not be
mitigated, unless under the record evidence, the
department's discipline exceeds the limits of
reasonableness.
p) A hearing panel must consider and assess mitigation and
aggravating circumstances, and may mitigate only if under the
record evidence the agency's action exceeds the bounds of
reasonableness.
I. Examples of circumstances under which mitigation may be
appropriate because of the department's discipline "exceeds
the limits of reasonableness" includes:
Lack of Notice: The employee did not have notice
of the rule, how the department interpreted the
rule, and /or the possible consequences of not
complying with it. However, an employee may be
presumed to have notice of written rules if those
rules had been distributed or made available to the
employee. Proper notice of the rule and /or its
interpretation by the department may also be found
when the rule and /or interpretation have been
communicated by word of mouth or by past
practice. Notice may not be required when the
misconduct is so severe, or is contrary to
applicable professional standards, such that a
reasonable employee should know that such
behavior would not be acceptable.
Inconsistent Application: The discipline is
inconsistent with how other similarly situated
employees have been treated.
Improper Motive: The discipline was tainted by
improper motive, such as retaliation or
discrimination.
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14.12. Implementation of Panel Decisions
A. The question of whether the relief granted by a panel is consistent with
written policy shall be determined by the Town Manager or his designee,
unless the Town Manager or his designee has a direct personal
involvement with the event or events giving rise to the grievance, in which
case the decision shall be made by the Chief Judge of the Loudoun County
Circuit Court.
B. Either party may petition the Circuit Court of the County of Loudoun for
an order requiring implementation of the panel decision. This petition
must specify the basis for the "town's position that the hearing decision is
contradictory to law.
14.13. EEO Discrimination Complaint Procedure for Town
Employees
The Town is an Equal Opportunity Employer. It is committed to the maintenance and
promotion of nondiscrimination by incorporating sound merit principles in all aspects of
human resource management affecting its employees and applicants. It shall provide
equal opportunity to all employees in the service of the Town and all applicants on the
basis of race, color, religion, national origin, gender, age, political affiliation, marital
status, disability or sexual orientation.
This procedure may be used by all regular full time, part time or probationary Town
employees.
A. Administration of the Procedure
a. Administration
The Human Resources Director or designee shall be responsible for
administration of the procedure and to assure compliance therewith. Any
interpretation of the procedure will be reviewed and approved by the
Town's legal counsel prior to its issuance.
b. Confidentiality
The identity of the complainant, and all records developed during the
investigation of the complaint, shall be considered confidential and shall
not be released except as required by law. The Human Resources Director
or designee shall be responsible for maintaining such confidentiality.
B. Definitions
For the purposes of this procedure, the following terms have been defined:
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1. Discrimination
-- The demonstration of bias, whether intended or not, against an
employee(s) with respect to the terms and conditions of his or her
employment on the basis of the employee's race, color, religion, national
origin, gender, age, political affiliation, marital status, disability or sexual
orientation Such bias may be demonstrated by the actions of another
employee, of a non - employee, or by the application of a Town,
departmental, divisional or other policy, practice or procedure to an
employee or group of employees.
2. Sexual Harassment
Unwelcome sexual advances, requests for sexual favors, and/or other
verbal or physical conduct of a sexual nature when:
a) Submission to such conduct is made either explicitly or
implicitly a term or condition of an employee's employment;
b) Submission to, or rejection of, such conduct by an employee is
used as a basis for employment decisions affecting such
employee; or
c) Such conduct has the purpose or effect of unreasonably
interfering with an employee's work performance or of creating
an intimidating, hostile or offensive working environment.
3. Complainant
The Town employee who files a complaint of discrimination and /or
sexual harassment with the Human Resources Director or designee.
4. Respondent
The individual named in the discrimination and /or sexual harassment
complaint as having taken the action which is the basis of the complaint,
or the individual responsible for drafting and /or implementing a policy,
practice or procedure.
C. Informal Procedure
The Human Resources Director or designee shall encourage the complainant
to discuss the complaint with the respondent. The Human Resources Director
or designee may be present during such discussions if either party requests
such presence. If either the complainant or respondent do not agree to discuss
the complaint informally, or if the parties are unable to resolve the complaint
through informal discussions, the complainant may proceed to the formal
procedure.
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D. Formal Procedure
1. Formal Complaint
An employee who has a complaint of discrimination and/or sexual
harassment may initiate a formal complaint by submitting a written
statement to the Human Resources Director. The written statement shall
include the following inforrnation:
a) A description of the action, policy, practice or procedure upon
which the complaint is based;
b) If the complaint is based on an action, the date(s) of that action;
c) If the complaint is based on an action by an employee, the name of
that employee;
d) The nature of the alleged discrimination or sexual harassment;
e) Whether or not the complainant has informally discussed the matter
with the respondent or supervisor; and, if so, the results of the
discussion(s); and
f) Whether or not the complainant has filed a separate grievance
through another
g) Town procedure(s) or has filed a charge of discrimination with the
EEOC.
2. Timeframe for Filing a Complaint
When the complaint involves an action, the written statement shall be
filed within Twenty (20) calendar days of the date upon which the action
described in the complaint occurred. When the complaint involves a
Town policy, practice or procedure, the written statement may be filed at
any time.
3. Response to the Complaint
a) Within ten (10) calendar days of receipt of the written statement,
the Human Resources Director shall conduct an interview with the
complainant.
b) Within ten (10) calendar days of the complainant's interview,
the Human
Resources Director shall notify the respondent in writing that a
complaint has been filed and that an interview has been
conducted. Such notification shall include a summary of the
written statement and the interview.
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e) Within ten (10) calendar days of the receipt of notification from
'- the Human Resources Director, the respondent shall provide the
Human Resources Director or designee with a written reply to the
complaint.
4. Investigating the Complaint
When the respondent's written reply has been received by the Human
Resources
Director or designee, the Director shall:
a) Provide an opportunity for the complainant and the respondent to
meet with the Human Resources Director or designee to discuss
the complaint;
b) Interview all individuals whom the parties have identified as
having pertinent information; and
e) Review all documents provided by both parties.
5. Conclusion of the Procedure
a) Within ten (10) calendar days of the date on which the
investigation is concluded, the Human Resources Director or
designee shall prepare a report of the investigation and shall
present copies of the report to the Town Manager and Town
Attorney for their review.
b) If the Human Resources Director or designee determines that
there is no probable cause to believe that discrimination and/or
sexual harassment has occurred, the complaint shall be
dismissed, and the complainant and respondent shall be notified
in writing of the dismissal of the case.
c) If the Human Resources Director or designee determines that
there is probable cause to believe that discrimination and /or
sexual harassment has occurred, the Director shall recommend an
appropriate remedy to the Town Manager.
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Section 15: Employee Separation /Retirement
15.1 Policy
The Town desires to have procedures in place to successfully guide the employee through
their transition to achieve separation or retirement from the Town.
15.2 Application
The provisions of this section apply to all employees of the Town.
15.3 Types of separation from employment with the Town
A. Resignation
The voluntary separation of an employee at his /her request.
B. Reduction in Work Force
A temporary or permanent separation of an employee (without cause) but
due to the lack of funding or work.
C. Dismissal
The involuntary separation of an employee.
D. Job Abandonment
Separation of employment due to the failure of an employee to report to
work for a period of three (3) consecutive work days, without appropriate
notice to their supervisor.
E. Retirement
An action or status of an employee who is eligible for, and receives VRS
retirement benefits, and who leaves Town employment for that reason.
F. Disability Separation
Separation of employment due to an illness or injury, which keeps the
employee from performing the essential functions of the job.
C. Separation
The voluntary or involuntary separation of an employee from employment
with the Town of Leesburg.
15.4 Separation Procedures
The Town has established the following separation procedures to be utilized when an
employee separates from employment with the Town:
TOWN OF LEESBURG PERSONNEL PROCEDURES MANUAL
A. Separation Procedure Checklist The employee's supervisor or
designee shall complete a Separation Procedure Checklist prior to the
employee's last workday. Once completed, the Separation Procedure
Checklist should be forwarded to the Human Resources Department.
Completion of the checklist ensures that:
1. Computer and building security access is deleted by contacting the IT
Department and the Building Supervisor;
2. The Report of Separation is completed;
3. The Personnel Action Form is completed;
4. The employee is provided the opportunity for an Exit Interview;
5. The employee is provided the Benefits at Separation or Retirement
information packet;
6. The employee has made arrangements to receive his /her last pay
check.
Department directors may also make use of an internal checklist to
ensure that all Town property is collected prior to the employee's
separation.
B. Resignation
When a department receives notice that an employee intends to resign, an
-- effort should be made by the department director or his /her designee to
advise the employee that he/she should provide written notice of intent to
resign at least two weeks prior to the date of the last work day. This will
ensure that the employee resigns in good standing. Failure to comply with
this expectation shall be entered on the employee's personnel record and
may be grounds for refusal to rehire the employee. Employees are
expected to work their entire two weeks unless otherwise approved by the
supervisor. When a letter of resignation has been submitted, it should be
attached to the Personnel Action Form (PAF), the Report of Separation,
and the Separation Procedure Checklist and immediately forwarded to the
I -Iuman Resources Department to avoid overpayment of salary.
C. Involuntary Separations (Dismissals)
All involuntary separations, along with documentation of unsatisfactory
performance or misconduct, should be communicated with the employee.
All non - probationary, full -time employees are entitled to make use of the
Town's Grievance Procedure in Section 14 of this manual.
Once the determination has been made to dismiss terminate an employee,
the supervisor or designee will complete the Separation Procedure
Checklist. Unless the reason for dismissal termination is based upon a
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sole incident of misconduct, the supervisor should review the employment
history of the employee to insure that all pertinent data to support the
dismissal termination action is included on the Report of Separation.
Information provided on the Report of Separation shall be specific (i.e.
date of counseling, purpose of counseling, letter of reprimand, excessive
absenteeism, including dates, specific violation of policies, procedures,
orders, dates and circumstances, etc.). The Report of Separation,
completed by the supervisor and reviewed by the department director or
designee, will be attached to the Personnel Action Form reporting the
termination.
D. Reduction -in -Work Force
When the Director of Finance certifies to the Town Manager
that revenue projections indicate that funds will not be available
to meet future payroll obligations at current staffing levels, the
Town Manager shall determine the practicality of the following
actions in lieu of a reduction in force:
1. Elimination of overtime work
2. Delay of appointments to vacant positions.
3. Appointment of lower grade employees to vacant positions.
4. Conversion of some positions from full -time to part-time
status.
After the Town Manager certifies to the Town Council that
revenue is insufficient or that the fiscal impact of the revenue is
insufficient to avoid a reduction in work force, the following
should be considered:
a) Flexible part-time employees
b) Regular part-time employees
c) All other employees:
All positions will be evaluated on a case by case basis to
determine which positions are the most necessary to maintain
optimal service for the Town. Each director should consider and
rate the necessity of each position from most important to least
important and consider the past performance of each employee.
Whenever applicable, when considering employees of equal
performance quality and pay grades, the employee's time in
service to the Town should be considered.
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d) Employees who were separated by a reduction in work force shall
-- be placed at the top of the appropriate eligibility register for their
position, for a one -year period, based on the order of reduction in
work force within their classification.
E. Retirement
A Town employee eligible and considering retirement should meet with
the Benefits Administrator to receive counseling on the retirement process
and receive the Retirement Packet provided by the Virginia Retirement
System (VRS). It is important to apply for retirement benefits three to
four months before the date of retirement. The application must be
received by VRS at least 90 days, but not more that six months before the
effective date of retirement.
15.5 Collection of Town property
'The department director shall provide the equipment required for the employee to
perform his /her job. A written copy of the assigned property will be maintained by each
department. The Town employee is responsible for the safekeeping and maintenance of
all delegated property and may be held liable for loss, damage, theft, or misuse.
An assigned property exit inventory will be conducted by the department director or
designee whenever assigned property accountability changes occur due to a Town
employee separating or transferring to another department. Failure to perform this exit
inventory will result in the department director being responsible for the assigned
property until such time it is reassigned to a specific employee. In the event of the
separation or reassignment of a department director, the assigned property exit inventory
would be conducted by the Town Manager. The exit inventory would also apply to all
director assigned property. However, the Town Manager may require a complete
department inventory since the department director is the primary custodian for all
departmental property.
The completed assigned property exit inventory report shall be signed by the department
director and employee. Final results of the exit inventory will be forwarded to the Town
Manager and Human Resources Department. The employee may be held responsible for
any discrepancies in the assigned property exit inventory. The Town Manager is
authorized to withhold payments due to the employee if the employee fails to reimburse
the Town for discrepancies in the assigned property exit inventory.
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15.6 Retirement Benefits
A. Health Insurance:
1. Employees who retire under the state retirement system with 20
years or more of Town service shall be required to pay 10% of the
monthly individual health insurance premium and the
supplemental Medicare insurance.
2. Employees who retire under the state retirement system with at
least 15 but less than 20 years of Town service shall be required to
pay 50% of the monthly individual health insurance premium and
supplemental Medicare insurance.
3. Employees eligible for retirement benefits under the state
retirement system with at least 10 years but less than 15 years of
Town service shall be required to pay 75% of their own health
insurance premiums and supplemental Medicare insurance
4. Retired employees participating in the plan shall pay all additional
premiums for spouse or other dependent coverage requested by
the retiree.
5. A surviving spouse of a retired Town employee may continue to
participate in the Town's health insurance program entirety at
his /her own cost until he /she remarries or is eligible to convert to
Medicare coverage
B. Life Insurance
Upon retirement, basic group life insurance coverage continues at no cost to
the retiree provided they are at least 50 (or 55 with five years of service)
years of age and have at least 10 years of service. (Refer to Section 7.5 -
Benefits of this manual for more information).
15.7 Wellness Program
Employees who retire under the state retirement system with a minimum of 10 years of
Town service shall be eligible to use Ida Lee Recreation Center free of charge.
15.8 Farewell Events
A. To ensure that all employees are honored for their service to the "town
before their departure the following policy is established:
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1. When an employee exits a department for employment outside the
organization, the department may plan a farewell event, such as a
lunch, or whatever is acceptable to the employee. Each attendee is
expected to pay for his /her own lunch.
2. The employee's department, in consultation with the employee,
will handle retirement recognition.
TOWN OF LEESBURG PERSONNEL PROCEDURES MANUAL
Section 16: Employee Personnel Files
16.1 Policy Statement
A. The Human Resources Department will establish and maintain the official
personnel file for all Town employees. The Human Resources
Department is designated as the office of record for the collection, storage
and dissemination of data relating to all Town employees.
16.2 Establishment of Department Employee Files
A. Department directors and their designees will ensure that only personnel
information deemed to be critical to the operation of the department is
maintained in unofficial personnel records within the department. This
information is to be kept confidential in secured files with limited access,
to be shared on a need to know basis.
B. The existence of any personnel information system must be open to the
Human Resources Department.
C. All data in the personnel file about an employee must be open to that
employee and to the Human Resources Department. All employees are
entitled to view information in their own personnel file.
D. An individual will have recourse to prohibit the use of information in a
manner other than the purpose for which it was collected or intended. If
an employee believes that information is being misused, he /she must
inform the Human Resources Director in writing.
E. These requirements do not apply to records maintained by the Police
Department containing data gathered through background investigations.
16.3 Dissemination of Information
A. The Human Resources Department will handle all requests for verification
of employment for current or past employees.
B. The Human Resources Department will only release data relating to
employee names, job titles, employment dates, and the last salary
received. Departments are not authorized to provide any information,
personal or otherwise, regarding their employees or former employees to
other individuals, businesses or outside agencies. Only the Town
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Manager, Town Attorney, and Human Resources Director may approve
exceptions to this policy on a case -by -case basis.
C. Employees may sign a waiver to allow co- workers to act as an employee
reference.
D. Law enforcement agencies, in the course of their business, may be allowed
access to file information. This decision will be made at the discretion of
the Human Resources Department in response to the request, a legal
subpoena, or court order.
16.4 Records Retention and Disposal
A. The Human Resources Department shall retain and dispose of personnel
files in accordance with Virginia state law and the Library of Virginia
Retention schedules.
16.5 Review Rights of Personnel Records
A. An employee shall have the right to review his/ her personnel file during
working hours by contacting the Human Resources Department to
schedule an appointment. Copies requested by an employee are to be made
by a Human Resources staff member.
B. The employee will review his/her file in the presence of a Human
Resources Department representative. If the employee finds information
that he or she believes is inaccurate, the employee may request in writing
that this be changed or purged appropriately.
C. An employee's supervisor, department director, and the Town Manager
are authorized to review individual employee files, except medical
information or other information protected by HIPAA or other
confidential information not related to job performance or function.
16.6 Employee Files and the Freedom of Information Act
16.7 Confidentiality
A. Employee files are maintained by the Human Resources Department and
are considered confidential. Federal laws require that all employee files
be maintained in a confidential manner. This includes official personnel
TOWN OF LEESBURG PERSONNEL PROCEDURES MANUAL
files the Human Resources Department maintains and unofficial
departmental files.
B. Departments maintaining employee files must ensure the reliability and
confidentiality of the data and take precautions to prevent its misuse.
Section 17: Glossary
Appendix A: Classification and Compensation Plan
Appendix B: Salary Schedule
Appendix C: Human Resources Forms
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