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HomeMy WebLinkAbout18-846S:\Legal\Our pocuments\Ordinances\18\UAC policy eepeal Resolution with changes - First Edits.doc ' • • #' i i � # • •' • • • • • • � ' '� * � . .. �; � . �� .; � �# .� . • � • � � #..#.. . � . � . . �� � • ; � � • � � . . � . . � .. .� . . ,, ' 1: • .,.,'. � � � R ��: , . .� � '. �. , !r � # .. . � 1 � � �.. � � � �� � , � � � � �` �...... •' ���" •� '�' '�� � l��. .... . � �:. � ��...��• '. ' � �•1 ��.:. 1 . •1 - � - . ' #!' • � . � . � ' . ' ' #, ' � � t ! r � ., ., , r: . � � • - ' �,, # !! � � �: . ' • '' #' r � . . ' ' ' " # '� • '� ' . 1 !' #� �` w ! I �! '! � . • • • '• � '• ' • t ♦ � .• • ! �' �' � . � � . • ' � * � � " � �` ' ' � ' ' #` . . � 1 � � � ' ' * ' t . � '• " � •" •� • .*" • •' R, '' •!• # 1 ' . . . �" , � � � �' ' * ♦ � " " • � !# � 1 '� '� '• ' �' - ♦ � . � .. .' �' ! # � � �* ..' # ' #'• • #; ' '. � �' . . � �" •��•� � i '. �' � �' '��,, '� . . '•:#' .� " � •: ��'t � �' ' � ' •' � .� ' � • •, • ' � . ♦ �� � ♦ ( ' � � . - • � � ' ' • ♦ t! • . ' • ` � • : � . ". ♦ ' r . . *',,� '" . ' • � � . . �'� *. ��,, ♦ . * � . � � . ' •` � - � •*' #' � '�� - . • � � ♦' . . � .. � •- ♦ � • �1 � ., . �� �• • ' � ! '• • • • � • . 'w # .. . . #' �!' � • r • •; • ! • � • � ' � �' ' � # ''� ♦ ♦ �" ��• '�' '�� � '�s - �. �� � • �� �� ' � ' •� � ' • • � � � � . � ' ��� ' � � # ' , � � " " . � �� ��� ' " # • �Il�' • • ' ' 11 ��� * • '� . '• ' �' • . • • " ! � . �. .� . . � # .. � • . � * • • � � # •�• # !' ' ♦ , � 4 ♦ �,�, �'•; '• ' � � •' '• � • f' " • !' # ! �. '[ ' • ! ! � � � � * � �, � � r � r * * •#, '• � � �� �` �' '� � ��: ' � � � �:- ' # #' �♦ . ' ' '� �' � � ' "� '!,'�. '#'. '� . �� ' !� ��# �' �� ' '� # � '� �� -� , �� , � � �� , • 1 -* . � # � � I•!' � , • ' ', ' '� .w�•''• • . � • •!' � # ,' � ' - � ' ' .� � ' � � • ' ' # � •#' SECTION 3m. Further, the following policy entitled Personal Leave Without Pay, reference number 111.08, which is being amended, attached hereto, and made a part hereof, is hereby adopted with its amendments as an official policy of the City of Denton. SECTION 4, The attached policies sha11 be filed in the official records with the City Secretary� � SECTION 5. This resolution shall become effective immediately upon its passage and a roval. �� tlus resolution was made b c, ' and seconded The motion to � � �r��w� y ��� �;� �"�� � �� bY .... �,�.� �r� �W��_ �� � �� ,� � ,.... ... ..�_� the resolution uv���` ����^��c:� and approved by the followin vote " ��� g �-��.. A��e Nay Abstain Absent Chris Watts, Mayor: ��� ,�� �, Gerard Hudspeth, District 1: ✓ Keely G. Briggs, District 2: � Don Duff, District 3: ��'� _ John Ryan, District 4: �� _ _ � Dalton Gregory, At Large Place 5: N� Paul Meltzer, At Large Place 6: ✓ PASSED AND APPROVED this the � day of 4��`��� 2018. ....... ..... .�..,. __� �� � � I�, r, ��,�,��' �,� �� �[-���.��°�`���e m... �....__—_ ........�__ " ' '�,�.t.,{"�, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY 4,. � �I��'����:�VED �1�.� TO LEGAL FORM: ,�.�h, I� �� �J LEAL, CITY ATTORNEY � ��� � BY • �' "�J • �..�,_ ... �,_. �.. � . �. ..,.. � � —._._.� . ����w�� Page 2 of 2 •� • � � . � � . � � � , � � , � • , 1 � sECTiotv: HUMAN RESOURCES REFERENCE NUMBER: 111.07 SUBJECT: APPROVED LEAVE INITIAL EFFECTIVE DATE: 06/OS/2018 T���,�:: NON-FMLA MEDICAL LEAVE LAST REVISION DATE: POLICY STATEMENT Employees who do not meet the eligibility requirements of the Family and Medical Leave Act (FMLA), or wha have exhausted FMLA benefits, may request Non-FMLA medical leave (66TneUIC�AA Ae�AVe99). This leave is anly available for an emplayee's own seriaus medical condition. All sick and vacatian accruals will run concurrently with the leave. This policy may run concurrently with ADA, where applicable. . � • . ,• � � • A. Medical leave granted under this directive will be with pay provided the emplayee has accrued balances (e.g. sick and/or vacation accruals). B. Medical Leave An employee who has exhausted leave under the FMLA and wha continues to suffer fram a seriaus health condition may request medical leave under this directive. 2. All requests for medical leave due to an employee's own medical conditian must be in writing and requires the appraval of the Human Resources Director or designee. 3. The employee may be required to pravide a medical certification fram their treating physician in support of the employee's request for a medical leave. C. Application: Medical Leave 1. Approval of inedical leave will be based on the medical certification, departmental business needs, and any other relevant factors. 2. Prior to employee taking the leave, it must be authorized by the employee's supervisor and Human Resaurces. D. Emplayee's Responsibilities 1. Sufficient and Accurate Infarmation: Employees must give sufficient and accurate informatian so HR/POLICY/111.07 PAGE 2 OF 3 � � . � � . � � � � � . � � . � � � TiTLE: NON-FMLA MEDICAL LEAVE I�FE�NCE NUM$ER: 111.07 that a determination can be made as to the employee's eligibility for a medical leave under this directive. 2. Natice: Employees must provide their supervisor with advanced notice as practicable and in accordance with the Department's normal call-in pracedures for leave. Provided the employee has advanced notice that employee will have to be out on leave, employee should give the City thirty (30) days advanced notice ar as much notice as possible, when the leave is foreseeable. 3. Compliance with Call-In Procedures: Employees must comply with their Department's normal call-in procedures for reporting absences, tardiness, and requesting leave, e.g., making contact with the appropriate supervisor by a certain time. Employee may be subject to disciplinary action in accordance with City policy provided the emplayee fails to comply with the Department's normal call-in procedures and is unable to provide an explanation that warrants na disciplinary action. 4. Medical Certification: In all instances where the Human Resources (HR) Director, or designee, requests a medical certification fram an employee, it is the employee's responsibility to provide a complete and sufficient medical certification supporting the need for the City to grant such leave due to a medical condition. The certification must set forth the beginning and ending dates af the medical leave, the duration of the treatments resulting in the need for either consecutive or intermittent leave, and the expected return to work date. a. Second/Third Opinion: In some instances, the HR Director, or designee, may require a second or third medical opinion (at the City's expense). b. Recertification: the HR Director, or designee, may request the employee ta periodically recertify the need for medical leave. E. Continuation of Benefits 1. Health Insurance: During any period of an approved medical leave under this policy, the City will continue to pay its portion, if any, of the insurance coverage for the employee an the same terms as if the emplayee continued to work. However, the employee must timely pay their portion of the insurance premiums. Provided the employee fails to pay their portion timely, the City will cease paying its portion until the employee makes the payments or returns to work. The City may recover premiums it paid to maintain coverage for the employee who failed to return ta work. 2. Benefits Accruals: Vacation/bonus time and sick leave will not accrue during an employee's unpaid leave status. Emplayees will not receive death in the family leave pay, holiday pay, or any other paid leave benefit during an unpaid leave status. These benefits will resume upon the emplayee's return to work. 3. Retirement Contributions: Contributions to the retirement fund will cease when an employee is HR/POLICY/111.08 PAGE..3.,., OF..3 �� . � ., �;r� � . , � r, � • _ 1 TrTLE: NON-FMLA MEDICAL LEAVE ��FE�NCE rruMBER: 111.07 on unpaid leave and will resume upan the employee's return ta work. 4. Compensatian: If an emplayee does not perform their job duties for three (3) consecutive manths or langer, performance increases may be pro-rated. F. Other Employment Pravided an employee is absent due to consecutive medical leave, and the employee asserts they are unable to perform their jab duties, the emplayee is prohibited fram engaging in outside emplayment that canflicts with their medical restrictions. G. Misuse of Leave An employee who misuses ar fraudulently abtains medical leave will be subject to disciplinary action including, but not limited to, dismissal of City employment. An employee failing to return from medical leave on the specified date, without notifying the approving authority and receiving approval for a leave extension, may be considered to have abandoned their job as autlined in policy 110.01 (Absenteeism/Tardiness). HR/POLICY/1 I 1.08 � . � � PAGE.1......dF_2 �� . � �. ,�� � � . �°, �. ' J � s�cr[oN: HUMAN RESOURCES REFERENCE NUMBER: 111.08 SUBJECT: APPROVED LEAVE INITIAL EFFECTIVE DATE: 11/OS/85 TITLE: PERSONAL LEAVE WITHOUT PAY LAST REVISION DATE: 06/OS/2018 POLICY STATEMENT In special circumstances, supervisars may consider granting additianal absence ta employees for emergency, legal, educational or any other legitimate purpase personal to the emplayee once the employee has exhausted all appropriate accrued leave. A personal leave of absence is approved time off without pay. Employees requesting such leave may be obligated ta shaw that granting such leave will not cause an undue hardship on the apprapriate operating department. Appraval af personal leave protects the employee's position with the City for a specific periad af time. Categories of persanal leave are as follows: Immediate - one hour ta twa cansecutive work days. Short-term - mare than two consecutive work days to five consecutive work days. Lang-term - more than five consecutive work days to less than twenty consecutive wark days or thirty consecutive calendar days (whichever is less). Extended - more than twenty consecutive wark days or thirty consecutive calendar days (whichever is less). (For purposes of this policy, a work day is defined as eight haurs for most employees; for employees warking twelve haur shifts, a work day is twelve hours.) ,� .. ..� � . A. All personal leave without pay, excluding immediate, must be in writing. Any personal leave without pay exceeding five consecutive wark days may require the appraval of the Department head. An employee must exhaust all applicable time before leave without pay is granted. B, Approval of a persanal leave af absence will be based an the employee's work load, needs of the department, the degree of advance natice given priar ta the expected start of the leave, the legitimacy af the request, the vacatian accruals of the requesting emplayee, and any other relevant cansiderations. All extended leave requires approval from the Department head and the Crty Manager or their designee. HR/POLICY/111.08 PAGE_2 OF 2 �;� . � �. ��� ��. �, �. �� i ' TtTLE: PERSONAL LEAVE WITHOUT PAY �FE�NCE rruMaEx: 111.0$ C. Cantinuatian of Benefits Health Insurance: During any period af approved leave under this policy, the City will continue to pay its portion, if any, of the insurance coverage far the employee on the same terms as if the employee continued to work. However, the employee must timely pay their portion of the insurance premiums. Provided the emplayee fails to pay their portion timely, the City will cease paying its portion until the employee makes the payments or returns to work. The City may recover premiums it paid to maintain coverage for the employee who failed to return to work. 2. Benefits Accruals: Vacation/bonus time and sick leave benefits will not accrue during an employee's long-terrrc or extended unpaid leave status. Employees will also not receive death in the family leave pay, holiday pay, or any ather paid leave benefit during a long-term or extended unpaid leave status. These benefits will resume upon the employee's return to work. 3. Retirement Contributions: Contributions to the retirement fund will cease when an employee is on unpaid leave and will resume upan the employee's return to wark. 4. If an employee does not perform their jab duties for three (3) cansecutive months or longer, performance increases may be pro-rated. D. Misrepresentation of the purpose for personal leave by the requesting employee may result in cancellation of the leave and disciplinary action up to and including dismissal. An employee failing to return from personal leave an the specified date, without notifying the approving authority and receiving approval for a leave extension, may be considered to have abandoned their job as outlined in policy 110.01 (Absenteeism/Tardiness). HR/POLICY/111.08