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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 ��5911�1,�hf1,11�T�6np'' !}r� ^'rft CITY OF CLERMONT "r� q - ' , • ) ) i-,,//e / `Gail L. Ash, May Y r rAUU�A1`� _ 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. 1 6/23/15 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. 2 6/23/15 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 3 6/23/15 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 4 6/23/15 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 5 6/23/15 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, 6 6/23/15 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 7 6/23/15 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. 8 6/23/15 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 9 6/23/15 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 10 6/23/15 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, 11 6/23/15 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 12 6/23/15 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; 13 6/23/15 • 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 14 6/23/15 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 15 6/23/15 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 16 6/23/15 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 17 6/23/15 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. 18 6/23/15 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. 19 6/23/15 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 20 6/23/15 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: 21 6/23/15 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 22 6/23/15