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HomeMy WebLinkAboutO-2009-3161 revise employee sick leave policy 9 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Julv 27, 2009 Budl!et Requested By: Heather Weeer Source of Funds: Department: HUIIHlll Rl:llQUn:l:ll Account Number: Report: Resolution: Ordinance: x Amount Budgeted: Exhibits: Ordinance Amount Requested: Exhibits: Sick Leave Policv Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION Staff would like to change the wording of the Family Sick Time section of the Sick Leave Policy to include parents of employees. :J~ Date ORDINANCE NO. 3 (tJ, L AN ORDINANCE AMENDING THE CITY OF LA PORTE EMPLOYEE POLICIES HANDBOOK BY REVISING EMPLOYEE SICK LEAVE POLICY; CONTAINING A REPEALING CLAUSE; CONTAINING 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 adopts amendments to Chapter 7, Section 7.08, "Sick Leave", of the City of La Porte Employee Policies Handbook, a true and correct copy of which is attached to this Ordinance as Exhibit "A", incorporated by reference herein, and made a part hereof for all purposes. Section 2. The revised City of La Porte Employee Policies Handbook hereby adopted, shall supersede all previous City of La Porte Employee Policy Handbooks and City of La Porte Personnel Policy Manuals, including amendments made thereto, heretofore adopted by the City Council of the City of La Porte. Section 3. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, 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 Ci ty for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; 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 discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 5. This Ordinance shall be in effect from and after its passage and approval. PASSED AND APPROVED, this~~ day of ::ru~ OF LA ORTE , 2009. CITY By: ATTEST: ~a. rfI~$ Mart a A. Gille t City Secretary :~sZ: ~A;1 Assistant City Attorney 2 7.08 Sick Leave Sick leave is paid time away from work due to an employee's bona fide illness or injury that prevents him/her from working. Employees who are unable to work due to illness or injury or other situations covered by this policy must immediately notify the appropriate supervisor in accordance with the procedures adopted by their Department. Eliaibilitv - All full-time employees begin accruing paid sick leave on their date of hire. Part- time, temporary and seasonal employees do not accrue sick leave. Eligible employees may use accrued sick leave only if approved by their supervisor and/or Department Director. Accrual Rate: Full-Time 8 Hour EmDloyees Sick leave for regular full-time employees shall accrue at the rate of 3.70 hours per pay period, which amounts to 1 day for each full month employed in a calendar year, totaling 12 working days to a full-time employee's credit each 12 months. Full-Time 24 Hour Shift Personnel Sick leave for 24-hour shift personnel shall accrue at a rate of 5.91 hours per pay period. Civil Service EmDloyees Civil Service employees shall accrue sick leave at the rate of 15 days per calendar year in accordance with the provisions of Chapter 143 of the Texas Local Government Code. Maximum Accrual -The maximum sick leave time which may be accumulated by any employee shall be 90 days (720 hours) for regular full-time employees. For 24-hour shift personnel, the maximum accrual is 1,152 hours. Civil Service employees may accrue unlimited sick leave. Authorized Use of Sick Leave For the emDlovee - Accrued sick leave may be used for absences due to the employee's bona fide personal illness, accident, injury that prevents him/her from working, or birth of a child (if the employee physically gave birth; otherwise use of sick leave for child birth falls under the section below). For the emDloyee's immediate family - Up to twelve (12) days of annual accrued sick leave will be allowed for absences when the employee is needed to care for a member of his or her immediate family who is ill or injured. For purposes of this policy, "immediate family" is defined as a dependent, the following: SDouse - is defined in accordance with State law. Parent - includes biological parents and individuals who acted as your parents, but does not include parents-in-law. Child - includes biological, adopted, foster children, stepchildren, legal wards, and other persons for whom you act in the capacity of a parent and who are under 18-years of age or over 18-years of age but incapable of caring for themselves because of a physical or mental disability. Phvsical ReDort Status - Sick leave exceeding 40 hours in any 6-month period may cause an employee to be placed on physical report status. Employees under this status are required to submit to their supervisor a medical doctor's statement of fitness for duty upon returning to work from an illness. Failure to submit such medical statement may result in disciplinary action. Physical report status will remain in effect for 6 months from the date of the action. Minimum Increments - Sick leave must be taken in minimum increments of one hour. Failure to ReDort Absencel Abuse of Sick Leave - Supervisors are expected to closely monitor use of sick leave. It is anticipated that employees using paid City sick time for their own illness/injury or that of a family member will use their sick leave time to recuperate or care for their family member. Trips to the doctor or hospital stays/visits, which take the employee away from the home, are acceptable, but other personal pursuits during paid sick leave will be considered an abuse of this policy. Abuse of sick leave, including use of sick leave for anything other than an illness, injury, or doctor/dentist appointment as provided for in this policy, may result in immediate disciplinary action, up to and including termination of employment, and may also render the employee ineligible for paid sick leave benefits. Similarly, employees who fail to timely report an absence or tardiness due to illness, injury, or doctor/dentist appointment may be disqualified from using sick leave for their absence. Documentation - Employees must present satisfactory proof of illness/injury that prevents him/her from working whenever the employee uses sick leave for 3 or more consecutive work days, and at any other time if requested by the City. An employee may also be required to present satisfactory proof of family relationship and/or satisfactory proof of a family member's illness, injury, and/or doctor/dentist appointment if the employee wishes to use accrued sick leave to care for a family member. If the employee fails to present such proof in a timely manner, use of sick leave will be disallowed and no other paid leave may be used for the absence. Abuse of sick leave may result in discipline up to and including termination of employment. Familv and Medical Leave Act Leave - Sick leave exceedina 14 davs must be in accordance with FMLA leave. Any absence that qualifies for both Family and Medical Leave Act leave and sick leave will follow the guidelines set out in this policy, and will typically be counted as both.