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Home My WebLink AboutO-2007-2996 o REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 6-04-07 Appropriation Requested By: Robert Swanaean 12L~ Source of Funds: N/A Department: Human R.esources Account Number: NI A Report: Resolution: Ordinance: Amount Budgeted: N/A Exhibits: #1 Ordinance for Vacation Leave Donation Program Amount Requested: Nt Ii Exhibits: #2 Vacation Leave Donation Policv Budgeted Item: YES NO Exhibits: #3 Vacation Leave Waiver and Donation Authorization Form Exhibits: #4 Recinient A uthorization Form SUMMARY & RECOMMENDATION There is hereby established a Vacation Leave Donation Program for both requesting and donating vacation time, for the benefit of all regular full-time employees of the City of La Porte. The purpose of the Vacation Leave Donation Program is to permit an employee to donate paid vacation leave to other eligible employees. The Vacation Leave Donation Program is for all eligible regular full-time employees who suffer from a personal catastrophic illness or injury that is not work related, requiring a prolonged absence from work, and who have exhausted their paid leave (sick, vacation and discretionary) balance. Employees may donate both accrued Vacation Leave and unused Employee Discretionary Days, but are not eligible to donate time or credit from any other source. This Policy is not intended to cover an employee who is experiencing a normal pregnancy, has a common illness, has an illness or injury covered by an employer-paid long-tenn disability policy or worker's compensation, or has incurred injury during the course of committing a crime. Similarly, this policy is not intended to provide leave to any employee who has previously abused any paid leave. Since the Workshop presentation the definitions of Abused Paid Leave and Common Illness were added per Council request. Action Required bv Council: Approve an Ordinance authorizing the Vacation Leave Donation Program. f~7 ORDINANCE NO. 2007- 21 q ~ AN ORDINANCE AUTHORIZING THE ESTABLISHMENT OF A VACATION LEAVE DONATION PROGRAM AND ADOPTING AN AMENDlVIENT TO THE CITY OF LA PORTE E:MPLOYEE POLICIES HANDBOOK BY AMENDING CHAPTER IV, "LEAVES AND ABSENCES"; PROVIDING AN EFFECTIVE DATE OF SAID AMENDMENT; PROVIDING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby authorizes the establishment of a Vacation Leave Donation Program. Section 2. The City of La Porte Employee Policies Handbook lS hereby amended, by amending Chapter IV, "Leaves and Absence", by adding Section 14, "Vacation Leave Donation Policy", which shall hereafter read as reflected on Exhibit A, attached hereto. Section 3. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance or amendment of the City of La Porte Employee policies Handbook hereby adopted, shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this ordinance, or said Employee Policies Handbook, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. Section 4. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law1 Chapter 5511 Texas Government Code i and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussedl considered and formally acted upon. The City Council further ratifiesl approves and confirms such written notice and the contents and posting thereof. Section 5. This Ordinance shall be effective as of to -I /-rYJ 1 and it is to ordered. PASSED AND APPROVED 1 this J f day of j u nf.. 1 2007. By: ~TY OF LA ~ UJ~~~'!~ Alton E. Porter Mayor Bffl~ [). t4J1J Martha A. Gillett City Secretary APP~~D: ./ r~r~ Clark T. Askins Assistant City Attorney 14. Vacation Leave Donation Policy There is hereby established a Vacation Leave Donation Program for both requesting and donating vacation time, for the benefit of all regular full-time employees of the City of La Porte. The purpose of the Vacation Leave Donation Program is to permit an employee to donate paid vacation leave to other eligible employees. The Vacation Leave Donation Program is for all eligible regular full-time employees who suffer from a personal catastrophic illness or i~jury that is not work related, requiring a prolonged absence from work, and who have exhausted their paid leave (sick, vacation and discretionary) balance. Employees may donate both accrued Vacation Leave and unused Employee Discretionary Days, but are not eligible to donate time or credit from any other source. This Policy is not intended to cover an employee who is experiencing a normal pregnancy, has a common illness, has an illness or injury covered by an employer-paid long-term disability policy or worker's compensation, or has incun-ed injury during the course of committing a crime. Similarly, this policy is not intended to provide leave to any employee who has previously abused any paid leave. DEFINITIONS: For the purpose of this policy, the following definitions shall apply: 1. ABUSED P AID LEAVE: Clearly documented action (s) of an employee that demonstrate misuse or abuse of Vacation, Sick Leave and Worker Compensation Policies (i.e., failure to make request for vacation properly, not providing required doctor visit documentation due to illness and absence in excess of three days or for Physical Report Status, failure to report to HR Department when receiving Worker Compensation payments or not working Light Duty assignments ). 2. COMMON ILLNESS: Illnesses that are not life threatening or Catastrophic and which do not result in the employee being absent for more than eighty (80) consecutive work hours or one hundred twenty (120) consecutive work hours for twenty-four (24) hour shift personnel (i.e., headache, cold, upset stomach or other illness that are considered minor in nature). 3. EMPLO YEE: a regular full-time employee is one who works a minimum of 40 hours per week, or 53 hours per week for 24-hour shift personnel, but are not employed for only a specific period of time or for a specific job task or project. The term Employee does not include regular part-time employees, temporary employees, emergency temporary appointments, or independent contractors. 4. F AMIL Y AND MEDICAL LEAVE: - a maximum of twelve (12) weeks of leave an employee is entitled to under the Family and Medical Leave Act of 1993 to take care of a personal serious health condition. 5. LEAVE RECIPENT: - an employee whose request for a Vacation Leave Donation has been approved in accordance with the provisions of this policy. 6. SOLICITATION: a request made to City employees for Vacation Donation Leave following a verification of eligibility by the Human Resources Department ELIGIBILITY: Employees applying for vacation leave through the Vacation Leave Donation Program must mee1 ALL of the following requirements: 1. Have a catastrophic illness and/or injury which requires the employee to be homebound OJ hospitalized and causing the employee to be absent from 80 or more consecutive work hours or one hundred twenty (120) consecutive work hours for twenty-four (24) hour shift personnel, and which causes a loss of income due to the employee having exhausted all sick leave, vacation, or other paid time to cover the period of absence. Catastrophic illness or injury is further defined as long-term, incapacitating illness, injury or medical condition which requires the employee to take time off wolk for an extended period. 2. The requested leave is not for the purpose of providing care or assistance to a family member suffering from a catastrophic illness and/or nyury. 3. The catastrophic illness or injury is not self- inflicted or the result of an illegal act in which the applicant was a pmticipant. 4. The catastrophic illness or injury represents a medically documented diagnosis subject to review by a medical consultant of the City's choice. 5. The employee is not eligible for temporary total disability payments under the state wolkers' compensation law, and/or any other disability leave payments such as Long-Term Disability. ADMINISTRATION OF THE PROGRAM: The Vacation Leave Donation Program is administered through the Human Resources Department (HRD), which is responsible for coordinating donations, applications, and authorizing eligibility. All requests for donated vacation leave time will be processed by the HRD by reviewing the employee's application, verifying that the employee has a qualifying injury or illness (including a review of medical records) and has exhausted all eligible paid leave. The HRD will keep a list of employees and the number of hours they have donated as a source to pull hours from when request are made. Human Resources will send a request to all departments seeking employee donations of Vacation leave. Employees will agree to donate vacation in eight (8) hour increments of Vacation leave and the HRD will coordinate the documentation of time with the Finance Department. The employee or designee seeking vacation leave time should make the request to the HRD with appropriate documentation of the reason for the request. The maximum number of vacation leave hours an employee may be granted during any 12-month period is the TOTAL hours needed to qualify for any other paid time off or long-term disability program. If the employee making the request separates from the City of La Porte before the donated time is used the employee will not be paid for the time that was donated to the program in their name. EXHIBIT" A" CITY OF LA PORTE VACATION LEAVE DONATION PROGRAM Vacation Leave Waiver and Donation Authorization Form Having read and understood the City of La Porte Vacation Leave Donation Program policy statement, and subject to the terms and conditions set forth therein, I hereby voluntarily waive my entitlement to accumulated vacation time and donate hours of my accrued vacation benefit on the condition that the equivalent dollar value of the hour( s) I donate is paid by the City of La Porte, under the City of La Porte Vacation Leave Donation Program, to the employee I have identified below. I understand that upon submission of this form I cannot control the timing of the deduction of the donated hours from my vacation leave balance. I further understand that donation of Vacation Leave is not tax deductible. NOTICE: Donated Vacation Leave for an identified employee will be administered on a first in, first out, basis. Donor's name (print): (M.!) (Last) (F irst) Donor's Social Security Number: Donor's Department Name: Donor's Signature: Date: EMPLOYEE TO RECEIVE DONATION: Print name: 1-04-07 AUTHORIZATION FORM FOR VACATION LEAVE DONATION I , hereby release to the City of La Porte my name, and authorize the use of my name, as may be required under applicable Federal regulations, including but not limited to RIPP A law, for purposes of my participation in the La Porte Vacation Leave Donation Program as a recipient of donated vacation time. Signature Date 1-04-06