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R-98-1041• ~ CITY OF CLERMONT RESOLUTION NO. 1041 A RESOLUTION OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE PERSONNEL POLICY OF THE CITY OF CLERMONT AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Clermont adopted the current Personnel Policy of the City of Clermont Resolution No. 705 dated February 26, 1991, and amended it by Resolution 739 dated October 8, 1991, Resolution No. 746 dated July, 28, 1992 and Resolution No. 771 dated September 24, 1992 and Resolution No. 923 dated September 24, 1996; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Clermont that the City of Clermont Personnel Policy will be amended as follows: Section 1 Chapter I, Section 2.010 shall be deleted and replaced to read as follows: Substance Abuse: It is the policy of the City of Clermont to maintain a work environment that is free from the influence of alcohol and illegal drugs. The City has adopted by resolution a separate policy that sets forth the City's formal policies and procedures regarding substance abuse in the workplace including testing, disciplinary actions, employee assistance and rehabilitation, etc. Section 2 Chapter I, Section 2.120 C. shall be deleted and replaced to read as follows: Safety: It is the policy of the City of Clermont to maintain a work environment for all employees that is both healthy and safe. The City has adopted by resolution a separate policy that sets forth the safety procedures and practices expected of all city employees. • • • CITY OF CLERMONT RESOLUTION NO. 1041 Page 6 Section 10 Chapter V, Section 1.040 1. shall be deleted and replaced to read as follows: Military Leave: An employee shall be granted Military Leave not in excess of seventeen (17) reserve/working days per year. The leave amount shall be at the employee's regular rate of pay. An employee going on military leave shall present a copy of his orders to his Department Head not more than three (3) days after receiving them. Section 11 Chapter V, Section 1.050 D. shall be deleted and replaced to read as follows: Use of Sick Leave: Sick leave may be used as follows: 1. The Department Head or City Manager can officially approve employee sick leave. 2. Only an employee who has completed six (6) months of full-time employment may be paid for sick leave. 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 the health of fellow workers. A family member for this purpose is defined as spouse, children, step children, parents, siblings or grandparents of the employee. 4. Sick leave may be taken for medical, optical and dental appointments. • 5. Sick leave will be charged in units of whole hours. • • • CITY OF CLERMONT RESOLUTION NO. 1041 Page 7 6. A Department Head shall have the right to require a doctors certificate to verify an illness that exceeds three (3) consecutive working days. Section 12 Chapter V, Section 1.050 F. shall be deleted. Section 13 • Chapter V, Section 1.050 O. shall be deleted and replaced to read as follows: Resignation/Retirement: Employees who resign without prejudice or retire shall receive payment of their unused 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 individuals who retire. Section 14 • Chapter V, Section 1.055 shall be added to read as follows: • • CITY OF CLERMONT RESOLUTION NO. 1041 Page 8 FAMILY AND MEDICAL LEAVE Employees who are required to be absent from work for personal and/or family medical reasons may be granted a leave of absence without pay in accordance with the Family and Medical Leave Act (FMLA). A. Eligible employees This policy shall apply to any employee who has been employed • with the City for at least twelve (12) months and for at least 1250 hours of service during the previous twelve (12) months. B. FMLA Leave Entitlement An eligible employee may use a total of twelve (12) work weeks of unpaid leave during any twelve (12) month period for one or more of the following conditions: a. birth and care of a newborn child of the employee, b. placement with the employee of a child for adoption or foster care, c. to care for an immediate family member (spouse, child or parent) with a serious health condition to care for his/her own health condition that prevents performance in the employees current position. A serious health condition is defined as an illness, injury, impairment, or physical or mental condition that involves in-patient care or requires continuing medical treatment by a health care provider. • • • • CITY OF CLERMONT RESOLUTION NO. 1041 Page 9 C. Re-Instatement From FMLA Leave Upon return from FMLA leave, an employee will be restored to the employee's original job, or to an equivalent job with equivalent pay, benefits, and other terms and conditions of employment. Under specified and limited circumstances where restoration to employment will cause substantial and grievous economic injury to its operations, the City may refuse to reinstate certain highly-paid "KEY" employees after using FMLA leave during which health • coverage was maintained. In order to do so, the City shall: -notify the employee of his/her status as a "key" employee in response to the employee's notice of intent to take FMLA leave; -notify the employee as soon as the City decides it will deny job restoration, and explain the reasons for this decision; -offer the employee a reasonable opportunity to return to work from FMLA leave after giving this notice; and -make a final determination as to whether reinstatement will be denied at the end of the leave period if the employee then requests restoration. A "key" employee is a salaried "eligible" employee who is among the highest paid ten percent of City employees. D. Benefit Accrual • Previously accrued benefits will not be forfeited. No new benefits or seniority will accrue during the leave period. • • • CITY OF CLERMONT RESOLUTION NO. 1041 Page 10 E. Health Insurance 1. If the employee requesting FNII,A Leave desires to continue their health insurance coverage and benefits, the employee will pay only the cost of the employee's share of the premiums, co-payments, deductibles, and other out-of-pocket costs. 2. FMLA Leave taken under this Policy is not a Cobra • qualifying event because the Policy mandates that health benefits continue. 3. Any employee who does no return after a twelve (12) week FMLA Leave is entitled to elect up to eighteen (18) months more coverage under COBRA. 4. If the employee fails to return to the job after the FMLA Leave, the City will recover health premiums paid on behalf of the worker during unpaid leave, unless the failure is attributable to the continuation of the medical condition or "other circumstances beyond the employee's control." F. Cit~ghts and Employees Responsibilities The City may require, in the case of the birth or adoption of a child, and absent a serious medical condition that the twelve (12) week FMLA Leave be taken all at once. 2. Intermittent FMLA Leave may be taken by employees when • medically necessary to care for themselves or sick children, spouse or parents. In this event, the City may require the worker to transfer temporarily to an equivalent alternate • • CITY OF CLERMONT RESOLUTION NO. 1041 Page 11 position that has the same pay and benefits but might better accommodate planned absences. 3. The City may require the employee to use paid vacation, sick, or personal leave until that is exhausted, making up the balance of the twelve (12) week period with unpaid leave. However, paid sick leave need not be exhausted to care for a newborn or adopted child. 4. The employee must furnish a physician's certification of the existence of a serious medical condition of the employee, spouse, parent or child prior to FMLA Leave being granted. The City, if it is not satisfied with the certification, may require, at the City's expense, a second opinion. A third opinion may also be requested, at the City's expense, if the first two conflict. The third opinion is binding on both parties. 5. A thirty (30) day notice of intention to take FMLA Leave is required when the precipitating event is foreseeable such as birth, adoption, or planned medical treatment. Section 15 Chapter V, Section 1.060 shall be deleted and replaced to read as follows: Funeral Leave: • A. Policy: Funeral Leave may be paid when an employee is unable to work due to a death of an employee family member. • • CITY OF CLERMONT RESOLUTION NO. 1041 Page 12 B. Use of Funeral Leave: 1. Funeral Leave shall be charged against the employee's unused sick leave balance. 2. Employee must have completed six (6) months of full-time employment to be eligible for Funeral Leave. • 3. A family member for this purpose is defined as spouse, children, step-children, parents, siblings or grandparents of the employee. Procedures: 1. The employee should notify hislher Supervisor immediately. 2. The Supervisor should notify the Personnel Office immediately, being sure to give the dates the employee is absent from work due to the death. 3. Appropriate proof of death should be submitted before payment is authorized. In addition, the employee must complete the application for leave of absence form. This should be completed before the leave is taken, when possible, but must be submitted no later than the day after the employee returns to work. 4. The Department Head will authorize the Payroll Department to include the funeral leave pay in the employee's check. . NOTE: It is very important that the Supervisor get the full name of the deceased, the funeral home in charge of the arrangements and the time of the funeral. This is especially important if the deceased is not a resident of Clermont. • • CITY OF CLERMONT RESOLUTION NO. 1041 Page 13 Section 16 • Chapter V, Section 3 shall be deleted and replaced to read as follows: Annual Physical Examinations All permanent employees/volunteer firefighters are required to have an annual physical examination by December 31 of each year. The exam will include specific tests as • approved by the City Council. The physical may be administered by the private physician of the employee/volunteer firefighter or by the City's designated physical exam provider. If the physical is performed by the private physician, the physician must certify to the City that the same tests as performed by the City's designated physical examination provider were performed by the private physician. There is no cost to the employee/volunteer firefighter who obtains the standard annual physical examination from the City's designated physical examination provider. The City will reimburse the employee/volunteer firefighter for the cost of a private physician examination under the following guidelines: 1. The private physician must certify to the City that at a minimum, the same tests administered by the City's designated physical examination provider were performed by the private physician, and 2. The City will reimburse the employee/volunteer firefighter 100% of the cost up to the current agreed upon price with the City's designated physical examination provider. Employees will be permitted leave with pay up to two (2) hours, upon approval of their • Department Head to take the annual physical examination. Volunteer Firefighters shall be paid at a rate of a fire drill. • • • CITY OF CLERMONT RESOLUTION NO. 1041 Page 14 The results of the annual physical examination will not be made available to the city management. The exam results are strictly confidential between the employee/volunteer firefighter and the physician. The annual physical examination if mandatory by December 31st of each year. If the volunteer firefighter refuses to have a physical examination, the volunteer firefighter shall be terminated from the City. If the employee refuses to have a physical examination, the City will discontinue paying any portion of the employee and/or family • health and dental insurance premium(s). The employee will then be required to pay 100% of the employee and /or family health and dental insurance premium(s) through payroll deduction. If the employee refuses to pay the health and dental insurance premium(s), the employee shall be terminated from the City. Section 17 Chapter VI, Section 2.010 B. shall be deleted and replaced to read as follows: Employees who, with proper authorization, use their personal vehicles for official business may be reimbursed at a rate per mile, in accordance with the rate set in Chapter 112.061, Florida Statutes. Section 18 Chapter VI, Section 5.010 A. 1. shall be deleted and replaced to read as follows: Types of Performance Evaluations: A. Probationary: • 1. New employees are on probation as outlined in Chapter VI, Section 4. At a minimum, performance reports, indicating their progress in their job will be completed as follows: • • C: CITY OF CLERMONT RESOLUTION NO. 1041 Page 15 General Employees: a. At the end of the second month (60 days) b. At the end of the fourth month (120 days) c. At the end of the sixth month (180 days) Police and Fire Employees: a. At the end of the second month (60 days) b. At the end of the sixth month (180 days) c. At the end of the ninth month (270 days) • d. At the end of the twelfth month (360 days) Section 19 Chapter VI, Section 6. shall be amended with the following: Upon promotion, the employee's pay rate shall be adjusted to either the minimum of the new pay grade or five (5%) percent, whichever is greater. Section 20 Chapter VI, Section 12.2. shall be deleted and replaced to read as follows: If, in the opinion of the examining physician, the disability cannot be corrected, the City shall provide reasonable accommodation, to the extent provided by the Americans With Disability Act, in order that the employee can perform the essential functions of the job. Reasonable accommodation may include, but is not limited to, modified work schedules, job restructuring, facility and equipment modification, job reassignment, etc. If reasonable accommodation cannot be accomplished without undue hardship to the City, • the City shall take steps to separate the employee from city service either through retirement or dismissal. • • • CITY OF CLERMONT RESOLUTION NO. 1041 Page 16 Section 21 This resolution shall become effective immediately upon adoption. DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, THIS 24 "' DAY OF NOVEMBER, 1998. • HA OLD S. TURVILLE, JR., MAYOR ATTEST: OSEPH E. N ZIL ,CITY CLERK •