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Home My WebLink About21-2639RESOLUTION NO. 21-2639 A RESOLUTION OF THE CITY OF DENTON ADOPTING POLICY NO. 107.07 "MENTAL HEALTH LEAVE" OF THE CITY OF DENTON PERSONNEL POLICIES AND PROCEDURES; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the new Mental Health Leave policy (no. 107.07) was created based on the passage of state legislation SB 1359 that requires the City of Denton to develop and implement a policy that allows the use of mental health leave by peace officers employed by the City of Denton who experience a traumatic event in the scope of their employment; and WHEREAS, the new Mental Health Leave policy (no. 107.07) will also apply to firefighters employed by the City of Denton who experience a traumatic event in the scope of their employment; and WHEREAS, the City of Denton City Council deems it in the public's best interest to adopt the new Mental Health Leave policy (no. 107.07); NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The Policy Statement in "Policy No. 107.07 Mental Health Leave", which is incorporated in this section, is hereby adopted as an official policy of the City of Denton: POLICY STATEMENT: The duties and responsibilities of Peace Officers and Firefighters are often emotionally demanding and difficult. The City of Denton is committed to protecting the psychological health, safety, and well-being of its employees. While Section 614.015 of the Texas Government Code only applies to peace officers, the City recognizes the emotional demands on its firefighters and in an effort to help employees preempt and resolve emotional difficulties and take measures necessary in the provision of mental health services to ensure their wellness and safety, the City will provide paid Mental Health Leave to Peace Officer and Firefighter employees. SECTION 2. This Resolution only adopts and approves the "Policy Statement" portion of the Mental Health Leave Policy included in No. 107.07 of the City of Denton Personnel Policies and Procedures Manual. The "Administrative Procedures" portion of the Mental Health Leave Policy is not a policy of the City Council, but rather, an administrative procedure describing the means and methods by which City management implements the Mental Health Leave Policy. The City Manager is authorized to amend and issue such administrative procedures and directives as deemed necessary to implement the Mental Health Leave Policy related to personnel and internal operational matters. SECTION 3. The attached policy shall be filed in the official records with the City Secretary. SECTION 4. This Resolution shall become effective immediately upon its passage and approval. The motion to approve this Resolution was made by �'e,SS�y i75 and seconded by F) c; o -1--x ' r�cb the Resolution was passed and approved by the following vote [ -7 - (!::, 1: Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd. District 1: Brian Beck, District 2: ✓ Jesse Davis, District 3: �— Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the `-► t -h ATTEST: ROSA BIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTO EY BY: day of wRva , 2022. GERARD HUDSPETH, MAYOR CITY OF DENTON PAGE i OF -3 POLICY/ADMINISTRATIVE PROCEDUIIE/ADMINISTRATIVE DIRECTIVE SECTION: HUMAN RESOURCES REFERENCE NUMBER: 107.07 SUBJECT: EMPLOYEE BENEFITS AND SERVICES INITIAL EFFECTIVE DATE: 01/04/2022 TITLE: MENTAL HEALTH LEAVE LAST REVISION DATE: 01/04/2022 POLICY STATEMENT: The duties and responsibilities of Peace Officers and Firefighters are often emotionally demanding and difficult. The City of Denton is committed to protecting the psychological health, safety, and well-being of its employees. While Section 614.015 of the Texas Government Code only applies to peace officers, the City recognizes the emotional demands on its firefighters and in an effort to help employees preempt and resolve emotional difficulties and take measures necessary in the provision of mental health services to ensure their wellness and safety, the City will provide paid Mental Health Leave to Peace Officer and Firefighter employees. ADMINISTRATIVE PROCEDURE: I. Eligibility This policy is applicable to employees who are employed for the purpose of acting as licensed peace officers, as defined by the Texas Commission on Law Enforcement (TCOLE), and who are assigned to work at the City of Denton Police Department. This policy is also applicable to employees who are employed for the purpose of acting as Firefighters, have met the requirements for certification by the Texas Commission on Fire Protection (TCFP) under Texas Government Code Chapter 419, and who are assigned to work at the City of Denton Fire Department. "Traumatic event" — means an event, or series of events, incidents, or circumstances, that is experienced by a peace officer or firefighter during their scope of employment when they are involved in the response to, or investigation of, an event that causes the peace officer or firefighter to experience unusually strong emotional reactions or feelings which have the potential to cause lasting adverse effects on their functioning and mental, physical, social, or emotional well-being outside of the typical setting for their position. Traumatic events may include, but are not limited to, the following: ■ Major disasters or incidents involving multiple casualties which may include weather-related events, explosions, search and recovery missions, shootings, or traffic accidents with multiple casualties; • Line of duty death or suicide of a department member; • Death of a child resulting from violence or neglect; and ■ Officer(s) involved in the shooting of a person. HR/POLICY/107.07 PAGE 2 OF -3 OLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: MENTAL HEALTH LEAVE REFERENCE NUMBER: U. Amount and Duration of Mental Health Leave • Peace Officers and Firefighters hereafter referred to as an "employee" or "employees," may receive paid leave for up to three (3) work shifts per occurrence. Paid leave may be extended up to five (5) work shifts with the approval of their Department Director (i.e., Chief of the Police Department or Chief of the Fire Department) or their designee, provided such need for leave is substantiated in writing by the employee's treating mental health professional. A mental health professional is a licensed social or mental health counselor, psychotherapist, psychologist, or psychiatrist. • Mental Health Leave beyond five (5) work shifts per occurrence requires the approval of the Department Director, or their designee, and the Director of Human Resources, or their designee. ■ The employee's leave will be compensated at 100 percent of the employee's regular, straight -time rate. The paid leave will be paid on a biweekly basis as part of the City's regularly scheduled pay dates. • Mental Health Leave is not considered "hours worked" for purposes of overtime. ■ Upon termination of an employee's employment, the employee will not be paid for any unused Mental Health Leave for which the employee was or could have been eligible to receive. III. Coordination with Other Policies This Mental Health Leave Policy is administered concurrently with all other relevant City policies. Applicable employees on paid Mental Health Leave will continue to be eligible for all employment benefits and compensation, including continuing their leave accrual, pension benefits, and eligibility for health benefit plan benefits for the duration of the leave. While on paid Mental Health Leave, the employee will not use other paid leave types (e.g., vacation, sick, holiday leave). Provided an employee exhausts their Mental Health Leave, the employee may be eligible for other medical leave (e.g., Family and Medical Leave Act or sick leave) provided by the City. IV. Request for Mental Health Leave • An employee directly involved in a traumatic event may request the use of Mental Health Leave. • A supervisor or coworker who becomes aware of behavioral changes in an employee directly involved in a traumatic event should suggest to the employee that they seek Mental Health Leave and the assistance of a mental health professional (i.e., a licensed social or mental health counselor, psychotherapist, psychologist, or psychiatrist). • The employee must contact the Department Director, or their designee, to request the use of Mental Health Leave. • The Department Director, or their designee, will review the leave request and consult with the Director of Human Resources, or their designee, and any other person necessary to process and grant the leave to the employee. HR/POLICY/107.07 PAGE 3 OF 3 OLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE Continued TITLE: MENTAL HEALTH LEAVE REFERENCE NUMBER: • The Department Director, or their designee, will provide a response to the employee in writing within 24 hours of receipt of the employee's request. • The City will keep requests to take Mental Health Leave and any medical information related to Mental Health Leave under this policy confidential to the extent allowed by law and separate from the employee's general personnel file. An intentional and unauthorized release of confidential medical information may result in disciplinary action, up to and including indefinite suspension/termination. • Prior to returning to work, the City may request the employee to submit a medical release and/or submit to a Fitness for Duty examination as a requirement to return to work. If the employee is released to return to work by their healthcare provider and that release states that the employee is to continue with a form of mental health treatment, in order to ensure compliance with that treatment plan and ensure the employee's continued ability to perform their duties in a safe and satisfactory manner, the City may require the employee to provide written confirmation of compliance from their healthcare provider. HR/POLICY/107.07