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HomeMy WebLinkAbout2012-04-01 ORDINANCE NO. "90g-o —� AN ORDINANCE AMENDING ORDINANCE NUMBER 2001-11-1 and 2007-6-1 WHEREAS, from time to time it is necessary to review and amend the City's Employee Handbook; and WHEREAS, it is in the City's best interest to keep our policies current with the changing state and federal laws. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS, SECTION 1: The City of Batesville Employee Handbook Sec. III - Employee Benefits, A. - Paid Time Off, 3 - Sick leave, is amended as follows: Paragraph 4 currently reads as follows: Employees will be allowed to use 6 undocumented sick days within a • leave year. After the use of 6 undocumented days, employees must provide a note from a licensed physician or other person legally authorized to treat an illness, disease, or disability in order to receive paid sick leave. Paragraph 4 is hereby amended to read as follows: Employees will be allowed to use 24 hours of undocumented sick leave time within a leave year. After the use of 24 hours of undocumented sick leave time, employees must provide proper documentation from a licensed physician or other person legally authorized to treat an illness, disease, or disability, in order to receive paid sick leave. Paragraph 8 currently reads as follows: In an event of illness, the employee is expected to keep the department head informed of the progress, and should the sick leave be in excess of three days, the employee must present the supervisor with a written statement from a physician certifying that the illness prevented the employee from performing his/her duties. Failure to do any of the previous will result in the employee being charged with leave without pay. • Paragraph 8 is hereby amended to read as follows: In an event of illness, the employee is expected to keep the department head informed of his or her progress, and, should the employee's absence exceed 24 consecutive hours of scheduled work time, the employee must present the supervisor with a written statement from a physician certifying that the illness prevented the employee from performing his or her duties. Failure to comply with this requirement will result in the employee being charged with available vacation or personal hours, if any, or leave without pay. SECTION 2: The City of Batesville Employee Handbook Sec. 11 - Employee Benefits, A. - Paid Time Off, 5 - Holiday pay, is amended as follows: Paragraph 6 currently reads as follows: Employees who are absent without authorization on their last working day before, or their first working day following a designated holiday, will not be paid for the holiday, unless they have prior approval by their department head. Paragraph 6 is hereby amended to read as follows: Employees absent without appropriate medical documentation on their last working day before, or first working day following, a designated holiday will not receive compensation for that holiday. Under no circumstances will an le employee receive holiday compensation if an undocumented sick day is utilized on an employee's last working day before, or first working day following, a designated holiday. SECTION 3: The City of Batesville Employee Handbook, Sec. III — Employee Benefits, B — Worker's Compensation, 3 — Benefits While on Workers' Compensation, is amended as follows: Paragraph 2 currently reads as follows: An employee will accrue vacation and sick leave the month their Workers' compensation leave starts. The City cannot pay an employee for any hours paid by Workers' Compensation. This also prohibits the employee from taking sick leave or vacation while off because of work-related injury or illness. However, if there is a period of time not compensated by Workers' Compensation benefits, the City may pay the employee for up to 3 days wages. After the 3 days, the employee may, at their option, use any available sick leave and/or vacation time to cover the period compliant with the Workers' Compensation law. Paragraph 2 is hereby amended to read as follows: An employee will accrue vacation and sick leave during the month their Workers' compensation leave starts. The City shall not compensate an employee during a period of disability in which the employee receives Workers' Compensation benefits. This also prohibits employees from taking sick leave or vacation while absent during a period of Workers' Compensation disability. However, if there is a period of time not compensated by Workers' Compensation benefits, the City, at its discretion, may pay the employee for up to 24 hours of compensable time. An employee may, at his or her option, utilize vacation time and/or appropriately documented sick leave time to receive wages after Workers' Compensation benefits have expired. The City of Batesville exercises no control over the award and/or duration of Workers' Compensation benefits. PASSED AND APPROVED this 28"' day of February, 2012. Rick Elum augh, Mayor ATTEST: Denise M. Johnston, City C rk • �I May 7, 2012 To: ALL FULLTIME EMPLOYEES RE: IMPORTANT EMPLOYEE HANDBOOK CHANGES Due to recent changes in the employee handbook regarding sick time, please update your employee handbook with the attached pages. 1 • CITY OF BATESVILLE EMPLOYEE HANDBOOK Adopted by the Batesville City Council April 24, 2001 Amended — October 23, 2001 Amended — June 26, 2007 Amended- April 24, 2012 • THE INFORMATION CONTAINED IN THIS HANDBOOK APPLIES TO ALL EMPLOYEES OF THE CITY OF BATESVILLE. IT IS PRESENTED AS A MATTER OF INFORMATION ONLY AND ITS CONTENTS SHOULD NOT BE INTERPRETED AS A CONTRACT BETWEEN THE CITY AND ANY OF ITS EMPLOYEES. SINCE OUR CITY BUSINESS IS CONSTANTLY CHANGING, WE EXPRESSLY RESERVE THE RIGHT TO CHANGE ANY OF OUR POLICIES AT ANY TIME AND YOU WILL BE SO NOTIFIED. THE PROVISIONS OF THIS HANDBOOK DO NOT CONSTITUTE A CONTRACT OF EMPLOYMENT NOR ARE THEY COVENANTS. THEY MAYBE CHANGED WHEN, IN THE OPINION OF THE CITY ADMINISTRATION, CIRCUMSTANCES SO REQUIRE. ALL CHANGES MUST BE APPROVED BY THE CITY COUNCIL. J An employee may be eligible for sick leave days for the following reasons: a. Personal illness or physical incapacity. b. Quarantine of an employee by a physician or health officer. C. Illness in the family that would require the employee to take care of the family member(s). d. Medical, dental and optical visits. An employee who is unable to report for work due to one of the previously listed sick leave reasons shall report the reason for the absence to the employee's Supervisor before or within 1 hour from the time the employee is expected to report for work. If the employee's Supervisor could not be reached, the employee may report to the City Clerk's office. Sick leave with pay may not be allowed unless such report has been made. A leave request must be completed as soon as the employee returns to work and forwarded to the City Clerk's office. Employees will be allowed to use 24 hours undocumented sick time within a leave year. After the use of 24 hours undocumented sick time, employees must provide a note from a licensed physician or other person legally authorized to treat an illness, disease, or disability in order to receive paid sick leave. Absence for part of a day shall be deducted from the accrued sick leave in amounts of no less than one (1) hour increments. Employees who use all of their accrued sick leave can thereafter be placed on leave of absence without pay unless extenuating circumstances justify exceptional action by the Mayor and reported to the city council. Unused sick leave shall not be paid to employees who separate or are separated from the City except at retirement with 20 years of continues service. If an employee retires after completing at least 20 years of continues service (without a break in employment), they will be paid for all unused sick leave at his/her rate of pay up to 3 months salary. Sick leave is considered a privilege that is not to be abused. If the supervisor feels that the privilege is being abused, he or she may require the employee to furnish a doctor's certificate for each period of absence. If an employee falsely repots a sickness as an excuse for absence, the absence will be considered an unauthorized absence and will be documented and filed in his/her personnel file. In an event of illness, the employee is expected to keep the department head informed of the progress, and should the sick leave be in excess of 24 hours, the employee must present the supervisor with a written statement from a physician certifying that the illness prevented the employee from performing his/her duties. Failure to do any of the previous will result in the employee being charged with available vacation or personal hours leave without pay. 17 Sick leave shall not be granted when an injury is incurred while the employee is performing work for compensation for an employer other than the City of Batesville. In such cases, a leave of absence without pay may be given. 4. SICK LEAVE FOR FIREFIGHTERS Firefighters shall accumulate sick leave at the rate of 20 working days (480 hours) per year beginning 1 year after the date of employment. If unused, sick leave shall accumulate to a maximum of 90 days (2160 hours). (14-53-108). Time off may be charged against accumulated sick leave only for such days that a firefighter is scheduled to work. No such sick leave as provided in this section, shall be charged against any firefighter during any period of sickness, illness, or injury for any days which he/she is not scheduled to work. A leave request form must be completed as soon as the employee returns to work and forwarded to the City Clerk's office. If, at the end of a term of service, upon retirement or death, whichever occurs first, any firefighter who has any unused accumulated sick leave, he/she shall be paid for this sick leave at the regular rate of pay in effect at the time of retirement or death. Payment for unused sick leave in the case of a firefighter, upon retirement or death, shall not exceed 3 months salary. 5. HOLIDAYS AND HOLIDAY PAY FOR CLASS B EMPLOYEES The appropriation made by the City Council for salaries shall include pay for holidays for all Class B employees. Class B employees will be paid for 8 hours holiday pay except for Firefighters and Dispatchers. Holiday pay for firefighters shall be prorated and paid during regular payroll periods. (14-53-106). Holiday pay for dispatchers has be prorated and added to their hourly rate of pay. When a designated holiday falls on a Saturday, the Friday immediately preceding the holiday shall be observed. When a holiday falls on a Sunday, the Monday following it shall be observed as the holiday. When Christmas Eve and New Year's Eve fall on Sunday, the holidays shall be observed on the preceding Friday. The supervisor has the authority to change the day observed as the work load demands. When Class B employees of the City, except Dispatchers and Firefighters, are required to work on a paid holiday, they will be paid at their regular rate of pay for the holiday and for the hours worked. 18 Employees who are absent without authorization on their last working day before, • or their first working day following a designated holiday, will not be paid for the holiday, unless they have prior approval by their department head. Under no circumstances will a holiday be paid if an undocumented sick day is taken on an employee's last working day before or their first working day following a designated holiday. Other information regarding the City's holiday policy will be distributed in the form of a memo as the situation arises. Holidays New Year's Day Veteran's Day Martin Luther King's Birthday Thanksgiving Day President's Day Day After Thanksgiving Memorial Day Christmas Eve Independence Day Christmas Day Labor Day New Years Eve *"Personal / Floating Day "The Personal / Floating Day may be taken anytime with the Supervisors approval. The Personal / Floating Day is not included in the holiday hours for firefighters or in the holiday pay for dispatchers. All Class B employees will be paid for the Personal / Floating Day when taken. All holidays must be taken within the calendar year. B. WORKERS' COMPENSATION All active employees at the City of Batesville on the City's payroll are covered by Workers' Compensation, as required by Arkansas State law. The reporting requirements and benefit levels are regulated by the State's Workers' Compensation Board. All Workers' Compensation claims will be handled in accordance with Workers' Compensation regulations. Workers' Compensation coverage for employees working through a temporary agency will be provided by the agency for which they work. Workers' Compensation Insurance is paid for entirely by the City of Batesville, and provides benefits for employees who suffer illness or personal injury arising out of their employment with the City of Batesville. Coverage begins the first day of employment; there is no waiting period. Covered injuries and illnesses may be physical or mental, and specific or cumulative. To assure that the employee does not lose income for the day of the accident/illness, the City will pay the employee for the remaining part of the day or shift in which the accident/illness occurred if not covered by Workers' Compensation. 19 1. REPORTING REQUIREMENTS All accidents resulting in personal injury, no matter how minor, must be reported to the employee's Supervisor or crew leader without delay. The Supervisor or crew leader shall report the accident to the next higher level of management and the Safety Director, and it is the Safety Director's responsibility to see that the proper procedure is followed. If an employee has an injury requiring medical treatment, he/she must be sent to the appropriate City of Batesville doctor. If the designated doctor is not available, other medical services may be used. If an injury is potentially life threatening, the employee should be taken to the hospital emergency room. The Safety Director should be notified concerning all injuries. If the injury or illness is serious, the Mayor must be notified immediately by telephone, with a follow up written report. If the illness/injury is not serious, the Mayor should be notified with a written report. 2. REQUIRED FORMS Once medical treatment has been provided, if needed, the Supervisor shall compete and "Accident or Illness Report" and forward it to the Personnel Manager within 24 hours of the occurrence. The Safety Director also has accident report forms that must be completed by the Supervisor or crew leader, and the employee. These are in addition to the Workers' Compensation report forms. The Safety Director will retain these forms in his/her office files. a. Employee's Notice of Injury All employees working in Arkansas are required to report their on-the-job injuries, using a form prescribed or approved by the Workers' Compensation Commission, immediately after is occurs unless the employee is physically or mentally unable to do so. The employer shall not be responsible for disability, medical, or other benefits prior to receipt of the employee's report of injury. If the employee is unable to complete the notice of injury form, the Supervisor will initiate the process. b. Employer's First Report of Injury or illness/Employers' Supplemental Report The Personnel Manager and/or Safety Director must interview the injured employee to complete the "Employer's First Report of Injury or Illness" form. The Employee and Employer's notice must be sent to the insurance company within 10 working days of the accident/injury. The employee is responsible for getting all medical bills related to the Workers' Compensation injury, and the physician's orders and progress 20