R-2015-22 ,
CITY OF CLERMONT
RESOLUTION NO. 2015-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, REPEALING PERSONNEL
POLICY CHAPTER 5: EMPLOYEE BENEFITS IN ITS ENTIRETY;
REPLACING PERSONNEL POLICY CHAPTER 5: EMPLOYEE
BENEFITS AS ADOPTED HEREIN; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Clermont City Council has determined that it is in the best interest of
the City of Clermont, that changes be made to the Personnel Policy
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Clermont, Florida, Lake County, Florida as follows
Section 1
The City Council of the City of Clermont does hereby adopt and implement the
replacement to Personnel Policy Chapter 5 Employee Benefits as set forth in Attachment
A, attached hereto and incorporated herein and attached to this Resolution, and
Section 2
This resolution shall take effect immediately upon its adoption
1
CITY OF CLERMONT
RESOLUTION NO.2015-22
DONE AND RESOLVED by the City Council of the City of Clermont, Lake County,
Florida,this 23`d day of June, 2015.''* r
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ATTEST:
Tracy Ackr yd, City Clerk
Approv-: .s o and legality:
Daniel F. Mantzaris, City Attorney
CHAPTER 5: EMPLOYEE BENEFITS
SECTION 1: ANNUAL LEAVE
Annual leave credit may be used as accrued after the employee has completed six
(6) consecutive calendar months of employment. Previous employment with the
City will not count towards years of full-time service. Annual leave shall be
credited to employees on a bi-weekly basis in accordance with the following
schedule:
Years of Employee Type
Service 8/10 Hour 12 Hour 24 Hour
0-4 3.08 hours 3.23 hours 4.61 hours
5-9 3.69 hours 3.85 hours 5.54 hours
10-14 4.61 hours 4.85 hours 6.93 hours
15-19 5.53 hours 5.81 hours 8.31 hours
20 and over 6.15 hours 6.46 hours 9.23 hours
Employees working in positions regularly scheduled to work 1,664 hours or more
annually (with the exception of police officers and firefighters who work an
assigned shift), shall receive pro-rated accruals based upon the number of hours
they are regularly scheduled to work.
The maximum amount of annual leave that employees not covered by a collective
bargaining agreement may accumulate is as follows:
Employee Type Maximum
8/10 hour 320 hours
12 hour 336 hours
24 hour 400 hours
No employee shall be permitted to forego his/her vacation and receive pay in lieu
thereof, except that an employee who is separated from the City payroll, for any
reason, before receiving all of the vacation for which he/she has become eligible
prior to the time of his/her termination, shall receive pay for that portion of his/her
vacation due but not received.
Absence on account of sickness, injury or disability in excess of that hereinafter
authorized for such purposes shall, at the request of the employee and within the
discretion of the Department Director, be charged against Annual Leave
allowance.
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Each Department Director shall schedule annual leaves with particular regard to
the seniority of employees, in accordance with operating requirements and, insofar
as possible, with the requests of the employees.
When an employee is on any authorized absence, exclusive of annual leave, for
more than the time period noted in the following schedule, the employee shall be
placed in a non-leave earning classification until such time that the employee
returns to work:
Employee Type Time Period Absent
8/10 hour 15 consecutive working days
12 hour 12 consecutive shifts
24 hour 7 consecutive shifts
An employee who is eligible for vacation may take it at any time agreeable to the
employee and Supervisor. The employee must complete a Leave Request Form.
Each Supervisor may use whatever methods of compiling and scheduling leave
requests he/she wants to, as long as the methods are reasonable, fair, consistent,
and not discriminatory against any group. Supervisors shall not schedule annual
leave in such a way that departmental operations break down or are seriously
understaffed.
Annual leave may be taken in quarter-hour increments.
If an employee with approved leave works additional hours during the work week,
it shall be the decision of the employee whether to reduce the amount of leave
requested.
Upon termination of employment for any reason, employees who have been
employed with the City for at least six (6) consecutive months shall be paid for all
unused annual leave time.
Prior to any payout being made to an eligible employee, all City property and/or
equipment in possession of the employee must be returned to the employee's
Supervisor or designee, if applicable.
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SECTION 2: HOLIDAY LEAVE
A. The following days shall be observed as official City holidays.
The first day of January (New Years Day)
The third Monday of January (Martin Luther King Day)
The last Monday in May (Memorial Day)
The fourth day of July (Independence Day)
The first Monday in September (Labor Day)
The eleventh day of November(Veterans Day)
The fourth Thursday in November (Thanksgiving Day)
The fourth Friday in November (Day after Thanksgiving Day)
The twenty-fourth day in December (Christmas Eve)
The twenty-fifth day in December (Christmas Day)
B. When a holiday observed by the City falls on Sunday, such holiday
shall be observed on Monday after the holiday. When a holiday
observed by the City falls on Saturday, such holiday shall be
observed on Friday before the holiday.
C. Christmas Eve holiday may be observed on either the day before or
after Christmas at the discretion of the City Manager, in an effort to
provide for a long four(4) day weekend when possible.
D. All employees who meet the holiday pay eligibility requirements
outlined in this section shall be paid holiday pay equivalent to the
same number of hours worked on a regularly scheduled shift for
that position at the employee's regular rate of pay. In the event that
the observed holiday falls on the employee's regularly scheduled
day off, the employee may request and, with Department Director
approval, be given off with pay the same number of hours worked
on a regularly scheduled shift for that position in the same pay
week, instead of being paid the holiday pay.
All employees who are required to work on the observed holiday
and do not qualify for the overtime premium as noted in Chapter 4
of this policy shall be paid for all hours worked on the holiday at
the rate of one and one-half times (1.5) the employee's regular rate
of pay. In addition, the employee must meet the holiday pay
eligibility requirements outlined in Chapter 5 of this policy.
The observed holiday for Monday — Friday workers is the day in
accordance with Chapter 5, Section 2, B. of this policy. The
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observed holiday for all other employees is the actual holiday.
E. To be eligible for holiday pay, an employee must meet the
following requirements:
1. Be a full-time employee.
2. Must work on the scheduled days prior to and after the
holiday; or
3. Be in an approved pay status both the work day before and
the work day after the holiday. Pay status includes
employees on paid annual, sick, or comp time, as well as
workers compensation and personal days.
4. An employee who reports for work on the scheduled work
date prior to the holiday will be considered to have worked
that day, even though he/she is unable, due to emergency or
illness, to complete the normal work day. The same will
apply to the first scheduled workday after the holiday.
SECTION 3: PERSONAL DAYS
Employees are entitled to two (2) Personal Days per calendar year. They may be
scheduled by an,employee, but are subject to the Department Director's approval
and with the following restrictions:
1. The employee must have completed six (6) consecutive
months of full-time employment with the City.
2. Personal Days cannot be carried forward to the next calendar
year.
3. Personal Days must be taken in one day (no hourly
increments).
4. Personal Days are equivalent to the number of hours worked
by -the employee on a regularly scheduled shift for that
position.
SECTION 4: MILITARY LEAVE
A leave of absence without pay will be granted to any employee who is serving in
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the Uniformed Services even if such period of military service may be for more
than 12 months. Health insurance coverage (for the employee and his/her
dependents will end on the date the employee enters military service or on the last
day of the month in which the leave commences, whichever occurs first, but may
be continued at the employee's election in accordance with the terms of the
Uniformed Services Employment and Reemployment Rights Act of 1994
(USERRA"). Upon honorable discharge, the employee will be reinstated with the
City in accordance with USERRA.
In accordance with Section 115.09, Florida Statutes, an employee who is a service
member in the National Guard or a reserve component of the Armed Forces of the
United States will be granted leave of absence to perform active military service.
The first 30 days of any such leave of absence will be with full pay.
Additionally, in accordance with Section 250.48, Florida Statutes, an employee
who is a member of the Florida National Guard will be granted a leave of absence
with pay on all days during which the employee is engaged in active state duty for
a named event, declared disaster, or operation pursuant to Florida Law. However,
a leave of absence without loss of pay granted under this section may not exceed
30 days for each emergency or disaster, as established by executive order.
An employee who is a member of the National Guard or who is a reservist in any
branch of the Uniformed Services shall be granted military leave not in excess of
240 hours working hours per calendar year in accordance with Florida Statute
115.07 when they are engaged in training ordered under the provisions of the
United States military or naval training regulations for such personnel when
assigned to active or inactive duty. The leave amount shall be at the employee's
regular rate of pay. Administrative leaves of absence for additional or longer
periods of time for assignment to duty functions of a military character will be
granted without pay. It is the employee's responsibility to notify his/her
supervisor as far in advance as possible so that arrangements can be made for the
employee's absence. If an employee fails to provide notice to the City prior to the
date he/she is to report for duty, the City may decline to reinstate the employee in
accordance with USERRA.
Note: Also refer to the Family and Medical Leave Section.
SECTION 5: SICK LEAVE
It is the policy of the City to provide reasonable time off with pay, up to the
amount of unused sick leave earnings, to employees who are unable to work due
to illness or injury. Sick leave with pay is not a right which an employee may
demand, but a privilege granted by the City. Previous employment with the City
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will not count towards years of full-time service.
A. RATE OF EARNINGS:
Sick leave shall be credited to employees on a bi-weekly basis in
accordance with the following schedule:
Years of Employee Type
Service 8/10 Hour 12 Hour 24 Hour
Less than 1 year 1.84 hours 1.94 hours 2.31 hours
More than 1 year 3.69 hours 3.88 hours 4.62 hours
Employees working in positions regularly scheduled to work 1,664 hours or more
annually (with the exception of police officers and firefighters who work an
assigned shift), shall receive pro-rated accruals based upon the number of hours
they are regularly scheduled to work.
B. MAXIMUM ACCUMULATION:
The maximum amount of sick leave that an employee may
accumulate is as follows:
Employee Type Maximum
8/10 hour 960 hours
12 hour 1,008 hours
24 hour 1,200 hours
C. USE OF SICK LEAVE:
Sick leave may be used as follows:
1. The Department Director or City Manager can
officially approve employee sick leave.
2. Employees may be paid for sick leave used
immediately upon employment with the City.
3. Sick leave may be paid when an employee is unable to
work due to a personal/family illness or injury, or
when the employee's presence may endanger his own
health or the health of fellow workers. A family
member for this purpose is defined as spouse, children,
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step children, parents, parents-in-law, siblings,
grandchildren or grandparents of the employee.
4. Sick leave may be taken for medical, optical, and
dental appointments. Use of sick leave is intended for
the duration of the appointment including travel time.
Employees may request annual or compensatory leave
when they are seeking the remainder of the day off for
reasons not covered under sick leave.
5. Sick leave may be taken in quarter-hour increments.
6. A manager/supervisor, with concurrence of the
Department Director, shall have the right to require
documentation from a healthcare provider to verify an
absence due to illness or to confirm return to work
status.
7. Excessive Use of Sick Leave
Sick leave is extended to employees as a privilege.
Abuse of sick leave is considered unwillingness to
perform job functions and may constitute grounds for
progressive disciplinary action, up to and including
termination. Abuse is determined on a case-by-case
basis; however examples of abuse may include, but not
be limited to, the following:
• Repeated occasions of unscheduled, unexcused
absences (including tardiness and leaving work
early)
• Repeated occasions of absences on the same day of
the week, pay period, month, or at the same time
interval
• Repeated occasions of absences the day before or
after a scheduled holiday or scheduled day off
• Repeated occasions of taking sick leave as sick
leave is earned
• More than three (3) first day/last day of the
workweek absences in any twelve (12) month
period
• Use of more than 50% of the employee's total sick
leave accrual during a twelve (12) month period
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Sick leave used under the provisions of the
Family/Medical Leave Act (FMLA) is exempted from
being defined as abuse.
A manager/supervisor who suspects that an employee
is abusing sick leave should contact Human Resources
to determine if corrective action or other measures are
appropriate given the employee's absence history and
FMLA status if applicable. With the concurrence of
the Department Director and Human Resources, a
manager/supervisor suspecting abuse may require an
employee to submit written certification from a
healthcare provider to substantiate absences.
D. PAYMENT OF SICK LEAVE:
In order to be eligible for sick leave with pay, an employee must:
1. Report to the Department in accordance with
departmental call-in procedures at least 30 minutes
prior to his/her scheduled start time on the day of the
absence, the reason for the absence, except in the case
of public safety where the departmental schedule will
be followed. An employee who fails to so notify the
Department in accordance with the Department's call-
in procedures may not be paid for the time taken prior
to notification.
2. If the absence extends beyond three days, keep the
Supervisor advised as to the employee's condition and
anticipated date of return.
3. Submit a statement from the attending physician(s) as
to the nature and duration of the illness, if requested.
When a paid holiday occurs during the period an employee is on
sick leave with pay, the employee shall receive only his/her regular
holiday and that day shall not be charged against his/her sick leave
earnings.
PROCEDURES:
1. Each employee shall notify (call) his/her immediate
Supervisor in accordance with the City attendance
policy to report his/her sickness.
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2. When an employee returns to work he/she shall
complete the leave request form, which must be
submitted to his/her Department Director for review.
3. If an employee wishes to use sick leave for a doctor,
dentist or optical appointment, then the leave form
must be submitted and approved before the sick leave
is taken.
4. If a Supervisor feels that an employee has abused this
policy, he/she may with permission of the City
Manager, authorize unpaid leave.
E. EMERGENCY PERSONAL INJURY OR ILLNESS:
1. Employees who are absent due to an emergency or
illness should call or have someone call his/her
Supervisor to report such an absence.
2. An employee who has been absent under any of the
following conditions must, upon returning to work,
have a doctor's statement that indicates his/her return
to work status with or without restrictions, to be
reviewed by Human Resources:
a. Employee has been hospitalized.
b. Employee has been granted personal
leave which is in reality for medical
reasons, i.e., employee is hospitalized or
undergoing a surgical procedure which
could be disabling, even though the
employee, for personal reasons, does not
file a claim for group insurance benefits.
c. Employee has a non-work related injury
or illness, even if no time is lost from
his/her regularly scheduled work shift,
i.e., weekend or after-hours occurrence.
d. Employee is absent three (3) or more
consecutive work days.
PROCEDURES:
1. It is the employee's responsibility to ensure that
proper notification is made when absent due to
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an emergency or illness. This must be done by
phone or personal note and, if possible, by the
employee.
F. PERIODS WHEN SICK LEAVE SHALL NOT BE EARNED:
When an employee is on authorized absence, exclusive of annual
leave, for more than the time period noted in the following schedule,
the employee shall be placed in a non-leave earning classification
until such time that the employee returns to work.
Employee Type Time Period Absent
8/10 hour 15 consecutive working days
12 hour 12 consecutive shifts
24 hour 7 consecutive shifts
G. PHYSICIAN EXAMINATION:
An employee may be required to submit to an examination by a
physician of the City's choosing upon returning to active duty after
an extended illness or injury.
H. EMPLOYEE UNDER SUSPENSION NOT ELIGIBLE FOR
SICK LEAVE:
An employee under suspension forfeits all claim to sick leave for the
duration of such suspension and must be returned to active duty
before sick leave credit is restored.
I. BREAK IN SERVICE CANCELS ALL SICK LEAVE:
A break in service permanently cancels all sick leave accrued to an
employee's record and in the event of subsequent reappointment
such employee begins a new sick leave accumulation.
J. ILLNESS DURING VACATION LEAVE:
When sickness occurs within a period of vacation leave, the period
of illness may be charged as sick leave and the charge against
vacation leave reduced accordingly. Application for such
substitution should be made within two days after return to active
duty and shall be supported by documentation from a health care
provider.
K. MILITARY DUTY EFFECT ON SICK LEAVE:
When an employee enters active military duty, either by induction or
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for training purposes or for national or state emergencies, sick leave
accumulated shall remain to that employee's account pending return
from military leave. However, no further sick leave credits will be
accumulated for the period•of absence on military leave.
L. RESIGNATION/RETIREMENT:
Employees who resign voluntarily or retire shall receive payment of
their sick leave balance at the employee's current rate of pay, in
accordance with the following schedule:
Years of Service Percentage
10 years 25%
20 years 50%
30 years 75%
Employees who are employed with the City as of November 24,
1998 and who are eligible to retire from the City in the future with
less than twenty (20) years of service, shall be paid 50% of their sick
leave balance at retirement. This exception shall only apply to
employees who retire.
M. PAYMENT FOR UNCREDITED SICK LEAVE:
Employees who were not credited with sick leave during the fiscal
year due to reaching the maximum accrual, shall be paid the value of
fifty percent (50%) of the uncredited sick leave up to the maximum
as indicated in the following schedule:
Employee Type Maximum Hours
8/10 hour 48 hours
12 hour 50 hours
24 hour 60 hours
N. CONVERSION OF SICK LEAVE
In order to provide an incentive for employees to make conservative
use of their sick leave privileges, the City provides additional
benefits in the form of sick leave conversion to personal days for
fulltime regular employees.
Employees who have been employed from the first payroll period in
each calendar year through the last day of the twenty-sixth payroll
period in the calendar year shall be eligible for incentive personal
days.
Following the end of the twenty-sixth payroll period of each year,
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the eligible number of sick leave hours will be converted to personal
days (e.g. deleted from the sick leave balance and added to the
personal day balance) based on sick leave hours used during the
previous twenty-six (26) pay periods unless the employee
specifically requests otherwise. (Donated sick leave hours do not
impact this incentive program.)
Up to three (3) full workdays of unused sick leave can be converted
to personal days. The amount eligible to be converted is determined
by the following formulas.
Scheduled Work Day Maximum Number of Converted Hours
8 (40 hr. week) 24 minus hours used, rounded down to the
nearest full work day
10 (40 hr. week) 30 minus hours used, rounded down to the
nearest full work day
12 (Based on a 2184 hour work 36 minus hours used, rounded down to the
year, 84 hour pay period) nearest full work shift
24 (Based on a 2604 hour work 72 minus hours used, round down to the
year, and 100.15 hour pay period) nearest full work shift
Example: An eligible employee who works an 8-hour day/shift uses 12
hours of sick leave during the year. The employee is eligible to convert
8 hours/1 work day to personal days.
Conversion amount will be based on the current work day/shift schedule
at the time of the conversion.
A minimum sick leave to be converted is that which is equivalent to one
(1)personal day based on the employee's current work day schedule.
Sick leave hours donated or converted from sick to personal days in the
previous year will not be counted as sick leave hours used by the
affected employee.
Following the end of the twenty-sixth payroll period of the year,
eligibility will be determined for the leave conversion program. All
eligible leave will be converted at that time unless the eligible employee
specifically requests otherwise.
Employees who do not wish to convert eligible sick leave hours to
personal day(s) in accordance with these provisions must provide
written notification to Human Resources no later than the close of
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business on the last day of the twenty-sixth payroll period of the year.
Converted time will be deducted from the employee's sick leave
balance and added to the employee's personal day balance, which will
be credited to the employee during the month of January.
Converted sick leave will be treated as used leave in determining the
uncredited sick leave distribution.
Personal day restrictions apply to newly converted personal days,
including that Personal days must be used within the calendar year and
cannot be carried forward to the next calendar year.
SECTION 6: FAMILY AND MEDICAL LEAVE (FMLA)
The City provides leave pursuant to the provisions of the Family and Medical
Leave Act of 1993 and as subsequently amended. An eligible employee would be
eligible for unpaid Family and Medical Leave as set forth below:
A. ELIGIBLE EMPLOYEES: Employees who have been employed
for at least 12 months or 52 weeks which need not be continuous and
have worked at least 1,250 hours during the preceding 12-month
period are eligible for unpaid Family and Medical Leave. FMLA
runs concurrently with all forms of paid leave. The employee must
use all of his or her accrued leave (e.g., sick, annual, comp), as well
as personal days. The remainder of the leave period will then consist
of unpaid leave.
B. LEAVE PERIOD: An eligible employee is entitled to take up to 12
workweeks of Family and Medical Leave (or up to 26 workweeks of
military caregiver leave to care for a covered service member with a
serious injury or illness) in any 12-month period. The 12-month
period shall be a rolling 12-month period measured backward from
the first date leave is used. Entitlement to leave for the birth or
placement of a child for adoption or foster care will expire 12
months from the date of birth or placement.
C. REASONS FOR LEAVE: An employee who meets the applicable
eligibility requirements will be granted a total of up to 12
workweeks of unpaid leave for the following reasons:
1. The birth of the employee's child and in order to care
for that child;
2. The placement of a child with the employee for
adoption or foster care;
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•
3. To care for a spouse, child, or parent who has a serious
health condition; or
4. A serious health condition that renders the employee
incapable of performing the functions of his or her job.
5. A qualifying exigency arising out of the fact that the
employee's spouse, child or parent is a covered
military member in the Armed Forces on active duty
(or has been notified of an impending call or order to
active duty) in support of a contingency operation.
6. To care for a covered service member (or veteran who
was a member) of the Armed Forces (including the
National Guard or Reserves) who is a spouse, son,
daughter, parent, or next of kin and has incurred a
qualifying (as defined by the Secretary of Labor) injury
or illness in the line of duty while on active duty in the
Armed Forces (or a qualifying injury or illness that
existed before the beginning of the member's active
duty and was aggravated by service in line of duty on
active duty in the Armed Forces). Employees may be
entitled to 26 weeks of FMLA, pursuant to Federal
Law.
Employees should contact Human Resources to apply for or learn
more about this type of Military Leave.
If parents both work for the City, the aggregate leave taken by both
employees is limited to a total of 12 workweeks if the leave is taken
for the birth or placement of a child or to care for a parent with a
serious health condition. However, if the leave is taken by either
spouse to care for the other who is seriously ill and unable to work,
to care for a child with a serious health condition, or for his or her
own serious illness, then each employee is eligible for 12 weeks of
leave. Where parents both use a portion of the total 12-week FMLA
leave entitlement for either the birth of a child, for placement for
adoption or foster care, or to care for his/her own parent, the parents
would each be entitled to the difference between the amount he or
she has taken individually and 12 weeks for FMLA leave for other
purposes.
D. APPLICATION FOR LEAVE: An employee intending to take
Family and Medical Leave must complete an application for Family
and Medical Leave and return it to Human Resources for the leave to
be approved. The completed application must be accompanied by
the medical certification stating the reason for the leave, the
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anticipated duration of the leave, and the starting and ending dates of
the leave.
E. OUTSIDE EMPLOYMENT: Outside or supplemental employment
is generally prohibited during FMLA leave. Exceptions may be
granted on a case-by-case basis for unpaid leave, but must be
approved by the City Manager prior to the commencement of the
leave.
F. NOTICE OF LEAVE: It is the employee's responsibility to notify
Human Resources of the qualifying event or need for Family and
Medical Leave at least 30 days before the leave is to begin, or as
soon as the reason requiring the leave is known. Failure to provide
the required notice may result in a delay or denial of the leave.
G. INTERMITTENT OR REDUCED LEAVE: Employees may not
take intermittent or reduced leave in case of birth or placement of a
child, unless the City agrees. In the case of serious health conditions,
leave may be taken intermittently or on a reduced leave schedule
when medically necessary. Employees are expected to make a
reasonable effort to schedule intermittent leave so as not to disrupt
the operations of the City.
H. MEDICAL CERTIFICATION OF LEAVE: The application for
leave based on the "serious health condition" of the employee or the
employee's spouse, child, or parent must be accompanied by a
"Medical Certification Statement" completed by the health care
provider. The certification must be complete and include all
requested information, including the date on which the serious health
condition commenced, probable duration of the condition, and the
appropriate medical facts regarding the condition. If an employee is
requesting leave to care for a spouse, child, or parent with a serious
health condition, the medical certification must provide an estimate
of the amount of time the employee will need. In addition, the City
may request re-certification of medical necessity under certain
situations as allowed by FMLA regulations.
I. NOTIFICATION OF LEAVE ASSIGNMENTS: After receiving
notice from the employee regarding the need to take Family and
Medical Leave, the City will discuss the leave requirements with the
employee and will issue a designation notice outlining the basic
information regarding the leave.
J. BENEFITS COVERAGE DURING LEAVE: An employee who
takes Family and Medical Leave will not lose any previously
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accrued seniority or leave benefits, but are subject to accrual
limitations described in this policy. Leave extending beyond the 12-
week FMLA allotment does not carry the return rights under FMLA.
During a Family and Medical Leave, payroll deductions for any
group or voluntary benefits in which the employee is enrolled will
continue until all accrued leave hours are exhausted. After
exhausting all accrued leave or donated leave time, insurance
premiums in the amount normally deducted from the employee's
paycheck must be paid biweekly directly to the Human Resources
until the employee returns to work or Family and Medical Leave
entitlement ends. Failure of the employee to pay his or her share of
these insurance premiums, if any, may result in loss of coverage. If
an employee exhausts Family and Medical Leave, is unable to return
to work, and separates from service, he/she may elect to continue
benefits coverage through COBRA.
If an employee fails to return to work after the expiration of their
Family and Medical Leave, the employee will be required to
reimburse the City for its portion of the payment for group insurance
premiums during the Family and Medical leave. Reimbursement
will not be required if the employee does not return to work because
of his/her serious health condition, the serious health condition of the
employee's family member, or other circumstances beyond the
employee's control.
K. RESTORATION TO EMPLOYMENT: An employee who
completes a Family and Medical Leave will be returned to the same
position held when the leave began or to a position equivalent in
pay, benefits, and other terms and conditions of employment.
However, the highest paid 10 percent of employees are not
guaranteed reinstatement if reinstatement will cause the City
economic injury. In such a case, the City will notify the employee as
soon as it determines that reinstatement is not available. The City
cannot guarantee that an employee will be returned to his/her former
job.
L. RETURN FROM LEAVE: The City will require an employee
taking a Family and Medical Leave to report at least every two (2)
weeks on his/her status and intent to return to work upon completion
of the leave. Employees should notify their immediate supervisor at
least one week prior to their scheduled return to work date to verify
their return. Employees returning from a medical leave are required
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to provide certification from the health care provider indicating that
the employee is able to resume work with no limitations. The City
reserves the right to require an employee to receive a second medical
opinion to assess their readiness to return to work.
Employees who do not return to work upon the expiration of a
Family and Medical Leave will be treated as having voluntarily
terminated their employment. An employee who requests an
extension of their Medical Leave beyond that certified by their
medical provider, must submit his or her request for an extension in
a writing that includes the reason for the requested extension and the
anticipated date of return.
SECTION 7: JURY AND WITNESS DUTY LEAVE
A. JURY DUTY: All full-time City employees selected for jury duty
shall be entitled to leave with pay for the period of absence required.
Such leave shall not be charged to annual or sick leave earnings.
Eligibility commences on the first day of active employment.
If an employee is called for jury duty and serves as a juror on a
regular working day or days, he/she will receive pay for the time lost
from work by reason of such service.
B. OFFICIAL COURT ATTENDANCE: All employees subpoenaed
or ordered to attend court to appear as a witness or to testify in some
official capacity on behalf of the City shall be entitled to leave with
pay for such period as his court attendance may require. Any fees
paid for such service may be retained by the employee.
C. PRIVATE LITIGATION: Absence of an employee to appear in
private litigation in which he/she is a principal party shall be charged
to annual leave, or if no annual leave is available, to leave without
pay.
PROCEDURES:
1. When called for jury duty, the employee must show the
summons to the Supervisor prior to the date of service so that
authorization and plans for the absence can be made. Failure
to advise the Supervisor in advance may be cause for the
employee not to receive jury duty pay. In addition, the
employee must complete the application for leave of absence
form.
2. When released from jury duty for any day, the employee will
be expected to return to work for that day. If released from
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jury duty two hours or more before the end of a regularly
scheduled work day, an employee is required to return to
work.
3. Upon return to work (after having been released by the court),
the employee must submit to the Supervisor a statement from
the Clerk of the Court indicating the dates and amount paid
for serving as a juror.
4. The supervisor will turn the statement over to the Department
Head Director in order that the Finance Department (payroll)
may be notified to pay the employee for jury duty.
SECTION 8: LEAVE WITHOUT PAY
A. LEAVE WITHOUT PAY FOR MEDICAL REASONS: Leave
without pay for medical reasons due to illness or injury for up to ten
(10) calendar days may be approved by the Department Director.
Leave without pay for medical reasons in excess of ten (10) calendar
days shall be subject to the approval of the City Manager. However,
in no event shall the City Manager approve a leave without pay
status, which along with any paid leave, shall exceed a total of one
hundred eighty (180) calendar days. If an employee is eligible for
Family and Medical Leave for the same medical reason, leave
without pay and Family and Medical Leave must be taken
concurrently up to the Family and Medical Leave maximum.
The application for leave without pay shall be in writing and shall
include a physician's certification of the condition and the period of
time the employee will be incapacitated. Dates set forth by the
physician shall be strictly adhered to; however, they may be
amended by the physician. The City may, at any time require
additional documentation from the physician issuing the certificate
or may secure additional medical opinions from other physicians.
The amount of leave authorized shall not exceed the end of the
period for which leave was requested or certified by a physician.
B. LEAVE WITHOUT PAY FOR PERSONAL REASONS: Leave
without pay for up to ten (10) calendar days may be approved by the
Department Director. Leave without pay from ten (10) to ninety
(90) calendar days may be approved by the Department Director
with the approval of the City Manager. Leave without pay will only
be approved if that period of absence does not require replacement
of the employee's services. Normally, such leave will not be granted
until the employee has used all accumulated annual leave.
Leave without pay for more than thirty (30) calendar days will be
deducted from length of the employee's service record.
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SECTION 9: COMPENSATORY LEAVE
A. Compensatory leave is authorized overtime credited to a Fair Labor
Standards Act nonexempt employee for which reimbursement is
made by allowing the equivalent of time off with pay. Employees
may receive compensatory leave for any work performed in excess
of the employee's standard work period, in accordance with the
overtime pay schedule included in this policy.
B. Compensatory leave shall be credited to the employee as quickly as
possible and should not be permitted to accumulate in excess of 80
hours.
C. Compensatory leave may be taken in quarter-hour increments as
long as it does not disrupt the operations of the employee's
department.
D. Compensatory leave may be taken in conjunction with vacation
leave, with the approval of the Department Director, but should not
be allowed to accumulate for this purpose. When so taken, it is
preferred that the aggregate not exceed the period of normal
vacation.
E. Upon termination of employment for any reason, the employee shall
be paid the remaining balance of compensatory leave available to the
employee.
F. Non-union Firefighters & Police Officers shall receive the same
maximum number of hours of compensatory leave hours as union
members, as outlined in the respective Collective Bargaining
Agreements, and relative to their effective dates.
SECTION 10: INJURY LEAVE
An employee who is required to be absent from work at the direction of a workers'
compensation authorized physician due to a work related injury or illness, shall be
compensated in accordance with the following:
A. A probationary general employee, who receives a job related injury,
shall not be entitled to injury leave.
B. The maximum period that a permanent (full-time) general employee
shall be paid injury leave at full pay shall be forty (40) hours.
C. Workers' compensation payments issued during the period of Injury
Leave shall be signed over to the City.
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D. Upon the payment of the maximum injury leave available,
employees shall be required to use accumulated sick or annual leave
to make up the difference between the workers' compensation
payments and the employee's regular wages.
E. Employees are required to use injury leave concurrently with any
available Family and Medical Leave. Leave time taken will be
applied towards the employee's Family and Medical Leave
entitlement.
F. Non-union Firefighters & Police Officers shall receive the same
maximum number of hours of paid injury leave as union members,
as outlined in the respective Collective Bargaining Agreements, and
relative to their effective dates.
SECTION 11: ADMINISTRATIVE LEAVE
When it is in the best interest of the City, the City Manager may place an employee
on administrative leave for a period of time not to exceed thirty (30) calendar days.
The employee shall not be allowed to be at his/her worksite during administrative
leave, unless there is specific authority from the Department Director or City
Manager. The employee will be maintained in full-pay status with no loss of benefits
during this period.
SECTION 12: LEAVE DONATION
Employees may donate unused leave hours to other employees in accordance with
the following criteria:
A. Employees may donate vacation or sick leave due to a
personal/family illness or injury or due to death of another
employee.
B. For the purpose of leave Donation, family is defined as spouse,
children, step-children, parents, siblings or grandparents.
C. Employees donating/receiving leave must have been employed with
the City for at least 12 months.
D. Employees wishing to receive donated leave due to a personal/family
illness or injury must submit a request to Human Resources for the
leave donation. Requests for leave donation on behalf of a beneficiary
must be submitted to Human Resources by the deceased employee's
Department Director.
E. Employees receiving donated leave due to a personal/family illness or
injury must furnish a physician's certification of the existence of the
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illness or injury.
F. Employees receiving donated leave due to a personal/family illness or
injury must have exhausted all of his/her available sick leave, vacation
leave, compensatory leave and personal day.
G. Employees receiving donated leave due to a personal/family illness or
injury must have been absent at least thirty (30) consecutive calendar
days due to the specific situation in either paid or unpaid leave status.
H. Employees may donate leave in one (1) hour increments up to a
maximum of forty (40) hours per receiving employee per year.
Employees may not donate hours that would result in the donating
employee having less than eighty (80) hours of available sick leave
after the donation.
I. Donated sick leave will be treated as used leave in determining the
uncredited sick leave distribution.
J. Unused donation hours will be returned to the donating employees in
proportion to the donations.
K. The maximum amount of hours an employee may receive from other
employees shall be 480 hours per qualifying event.
L. Payment of donated leave to the receiving employee may be made
retroactively to the date the employee exhausted their available leave
balances.
M. In the event of donated leave due to a death, the donated leave shall be
paid in accordance with the applicable provisions in the personnel
policy.
SECTION 13: DOMESTIC VIOLENCE LEAVE
In conjunction with Florida law, the City grants up to 3 working days of leave from
work in any 12-month period for full-time employees who have worked for at least
three (3) consecutive months and become victims of domestic violence or sexual
violence. Employees may use accrued vacation, sick, or personal time to cover this
time off.
Appropriate or advance notice must be given to the Department Director or Human
Resources except in cases of imminent danger to the health or safety of the employee
or a family member. A police report or other documentation must be filed with
Human Resources and will be kept confidential. Employee questions relating to use
of this leave should be directed to Human Resources. This leave may be used to
cover such activities as:
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A. Seeking an injunction for protection against domestic violence
B. Obtaining medical care or mental health counseling to address injuries
resulting from domestic violence
C. Obtaining services from victims services organizations such as a
domestic violence shelter or rape crisis center
D. Making the employee's home secure from the perpetrator of domestic
violence or finding a new home so as to escape the perpetrator
E. Seeking legal assistance or attending court for related proceedings
SECTION 14: BEREAVEMENT LEAVE
Employees upon request and approval by their Department Director may be granted
up to twenty-four (24) hours of bereavement leave in the event of the death of a
family member. The employee shall submit proof of death and relationship before
compensation is approved. Wages will be paid only for the actual scheduled hours
on the day(s) of absence.
Family members are defined as the employee's children, parents, parents-in-law,
brothers, sisters, grandparents, grandchildren, great grandparents, great
grandchildren, aunts, uncles, and current spouse, step-children, step-parents, step
parents-in-law, step-brother, step-sister, step-grandparents, step-grandchildren,
sisters-in-law, brothers-in-law, sons-in-law, and daughters-in-law.
If additional time off is necessary, annual leave or compensatory leave may be used
with the approval of the Department Director.
APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
CLERMONT ON JUNE 23,2015.
Gail L. sh, ayor
ATT ST:
Tracy A kroyd, City C Jerk
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