Loading...
Ordinance 01-1567ORDINANCE NO.OI-I56] AN ORDINANCE OF THE CITY OF LONGWOOD. FLORIDA AMENDING CHAPTER ]. SECTIONS ].15. ].I8 AND ].20OF' THE PERSONNEL POLICIPS AND PROCEDURE MANUAL. REPF.ALIVG SECTIONS "].IS AND REPLACIING SECTION 7.1 S WITH A NEW SECTION ENTITLED FAMR.Y AND MEDICAL LEAVE: SECTION T.I A AND SECTION ].20 REDUCING THE ALLOW ABLE TIME TO BE ON PERSONAL LEAVE WRHOUT PAY. PROVfflING FOR CONFLICTS: SF.VERABR.ITY AND EFFECTIVE DATE. WHEREAS, the Longwood Ciry Commission adopsed Personnel Policies and Procedures pursuant w Ordinance No. 89-955 on Deeemhor I R. 1989. and W HEREAS. Ordinance No. 89-955 as adopted on December I8. 1989. provided for amendmenss m policy; and WHEREAS- it is in she interest of the City of Longwood that Chapter ]. Section ].IS Mmemiry and Other Temporary (NOnService Connected) Disability Leave of the Longwood Personnel Policies and Procedures be repevled vnd rcplnced with a new section emsided Family and Medical Leave Policy: and NOW THEREFORE. BE IT ORDAINED BY THE CRY OF LONGWOOD. FLORIDA AS FOLLOWS: SECTION I ~ Thvt the City of Longwood Personnel Policies and Procedures manual is heeby amended as Follows: A. That the City of Longwood. Florida hereby emendx she Personnel Policies anU Procedure manual by repealing Section ]-15 Maremisy and Other Temporary (Non-Service Connected) Disabiliry Leave and replacing wish a uaw Secsion'1.15 entitled Fnmily and Medical [nave Policy. B. That Sectiou ].IBA,"1.IBC earl ].20A be amended by reducing the allowable rime so be on Personal leave wiehom pay. C. Thal Secsion].20E.Sa. be deleaed removing the need for COBRA mgularions due ro reduced allowable leave time SECTION 2~ That all ordinances or parts of ordinanees in eonfliot herewith ere Hereby repealed. oarr~ aaopr Anal e CITY OF LONG W OOD PERSONNEL POLICffS AND PROCEDURES CHAPTER]-ATTENUANCE AND LEAVES ].f5 - FAMIIYAND MEDICAL I_FAVES OF AI3SFNCF The City will grant o leave of absence to ragular fal Himeond regular pan~time employees (who u the requirements des«ibed below) for the cure ofa child afterbirth or adoption or placement with the employee for [osierwre. the care of o covered fnmily member (spouse. child, or pnrem)witha us health conditio nthee tof an employee Ls health ondidon. Leev s will be granted !or a period of up to twelve (12) weekesi~eny tweolve (12) monrh period e An employee most haveeompleted nt Icvst one (I) full year of service with the Cityond have worked a minimum of 1250 hours in the twelve (12) month period preculing the leave to be eligible for such leave. ].ISA- ~jr'4f/FUm'Iy Care leave If you request a leave of absence to care for a child after birth. adoption. or placement in your home for foster care or to cure [or e covered fnmily mambo with a serious hulth condition. you will be granted unpaid leave mndtx the following conditions: I. If the leave is planned in advance. you mv,st provide at leost 30 days' notice prior to anticipated leave date by using the City s oRieial Lexve of Absence Request form. _. If the leave is unexpected, you .should notify your supervisor and the Personnel Office by fling the Leave of Absence Request form as far n adve e of the a icipated Icave date ix practicable (Normally. this should be wiNin two (2)businoss days of when the need for the leave becomss known to Ne employee.) All the City buieftx that operate on an accrual basis (e.g.. vacanon. sick, and holidays) will cease to nccrme during any period of FMLA leave which is unpaid. You will be required to use rill accrued. unused sick and vacation hours during the leave period for FMLA leave relating to birth or plneeinem ofachild for adoption or foster care You will be required to use all acemed, unused sick and weetion boon for FMLA leave needed to care for a covered family mambo or the employee's own serioms hcaltM1 condition. Once such boneflis ore exhausted. dte balance of the leave wil I be whhom pay. Amended ORDNANCE 01-156'I O5~0]~01 Yov will be responsible for payment of the full premium cast for health and/or dental commuanon wvemge You may also elect to continue your life insurance benefts by eo iof our group policy to an individual policy. You are responsible (orpayment of the life insurance premium. All optional payroll deductions will be the employee's tcsponsibiliry m make paymuas iC you elect m continue participation in there proginms. Please contau the PersonnelOffiee to make artangements for premt mpayments. You have to a 30 day grace period in which to make payment on your group Health and/ordental benefits. If payment hos not been made. your group health and/ordental bene[iu will be canceled. Employees mquesting lea re for ered family mamba witha to health condition may be required to provide medical cenifica on from the Family membustphysician utmstiugm the nature of thesuious health condition. probable length of time treatment will be required. and the reasons that the employee is mquiredmcare for this family member. You must tarnish enification at least IS days after you ore nuti Lied of the requirement by the City orthe City may delaythec tof yoarlenveuntil the eenificution is submiaed. Employeesmay alro be regalrad to provide additional physician's statements at the City's mquem. Further the family ember may be required to submit a medical examination by a physician designoted by the City at us expen c ].I56 - Leave rorFmoloyee sSer'ats Healtlt Cond'to If you request a leave of absence for your own serious heahh condition, you will be granted leave under the following conditions: 1. If the leave is planned in advance. you muxt provide nt lent thirty days notice prior to the anticipated Iedve dme by using the City s official Leave of Absence Request form. 2. If the leave is unenpeemd, you should notify your supervisor and the Petronnel Office by filing the Leave of Absence form as far in advance of the amicipamU leave date as is practicable. Normally. this should be within two (2)business days of when the need for the Ienve becomes kno.vn to the employee.) 3_ Any dme that you expec to beo reabsent for rethan five (5)work days as aresah of yam awn suioiu' heahh condldon (including pregnancy). you will be required m submit appmpnn medical eerdfication from your physician. Such certification must nclode, tit a minimam_ the date the condition began. a diagnosis. and the probable date your ramm to work. Yov must famish this cenifeation nt lean 15 days aRu you are Amended ORUWANCE OI-1561 OS-0]~OI notified et the requirement by the City or the Gty may delay the commencement of your leave until the certifcation is submits All of dte City benefits that operate ou an neemal basis (c g.. vacation. sick end holiday) will cease to aecme during any period of unpaid leave. You will be required to use all ueeuied. unused sick and vaevtion Hoots during your leave Once ueh ac rued benefits are exhausted. the balance of your leave will be without pay under rite FMLAc You will be responsible for payment of the full premium cost for health and/or ductal contivunuon coverage. You mvy also elect to continue your life insurance benefits by conversion of our group policy to en individual policy. You are responsiblef payment of the life insurance premium. All optional payroll deduction will be the employees responsibility to make paymevts if you elect to continue participation in [base pmgra~nc. Please contact the Pusonnel Office to make arrangements for premium paymevts. You have e 30 day grace period in which to make payment on your group health and/or dental benefits. If payment haz not been made timely. your group health and/or dental benefits will be canceled. During your Ienve, you may also be required to provide the City with xddtuoml physician's request from the City ur neble interveLs. attesting to you tied disability and inability to work(aYOU~ey also be requi~edmsubmit toamedienl on by physicians designated by the City nt ils discrGion and at the Ciry's expense et the beg nuingof. during. or tit the end of your leave period. and to pmvide the City with access w your medical records ac required. ftefore you will be permitted to carom from medical leave. you will be required to ptesem the Gty with a fitvess for duty ceAficete from your phyaiuan indicating that you are capable of ring to work and performing the essential functions of your position, whh or without unable necommodation. [f such vnlhoatinn is not received prior to being restoredm employment. your remrnto work may be delayed until such certification is provided. Where required. the City will consider making reasonable accommodation for any disability you may have in accordance with applicable lows. Amended ORD W ANCE OI-I56'/ OS-07-01 '/.ISC Leave En' lemen Erglble employees are earned m have rot np to rweme o2> wacky m any swerve (lz) mnnm period (or longer if required by applicablestate orlocal law or, in the ease of a leave for an employee's seriws health condition. where a leave extension is requested votl approved). Leav taken mforachild after birth edoptio orplacement in your home for fos7ercare usr he taken inawnsecu0ve workweeks, Isnve mken for the ranployee's ors covered family ember's serious health condition may he taken consecutively, 'imermittently. or on a reduced work/leave schedule based on certified medical neceaslty_ to such instances. the City will fallow applicvhle federal and smte laws in reviewing vnd vpproving such leave reque rs. The Ciry may require you to furnish periodic reports of your status and intent ro remm ro work every 30 dvys while on FMLA (rave. '1.ISD- Re nn cues R'gpis Eligible employee titled upon m(rom lev to be re tvteq to their former poa uon or n equivalent position with equivalent employment beuefts' pay end other rams and conditions of employment. Excoptions to drix provision may apply if btrxiness cirwmstances have changed. F.zeepuons may vlso apply for certain highly compensated employees under cenam condltions. U atldition. employee on a levve extension are not guu onteed reinsretement. If you area "key employee' as described in Section &25.21] of the FMLA regulvtlons- employment may be denied following FMLA leave on the grounds shut such restorauon.~ill cause substantial and grie ous economt injury to the Ciry. A "key employee' is defined vs a selvried FMLA eligible employee who is among the hiehest paid ten percent (IO°k) of all employees employed by Ne employer wiNin ]5 miles of the employee orksite. If re rota"key emplayee'threarans the economic viability of theemployer. that ould consrru ce'snbstantial and gne injury:' A lesser injury which ca substantial.long-re meconomic injury would also suffice for'subsmnriel and grievous ewnomt injury:' Amended ORDINANCE 01-I56] OS-0]01 CITY OF LONGWOOD PERSONNEL POLICIES AND PROCEDURES CHAPTER ] -ATTENDANCE AND LEAVES ].IB - PERCONAI.I FAV '. W1TH0 TPAV A. Apermnnevt full-time or permanem partaimewith at least six (6)movths of contiouovs tisfectory se may be granted pers nnl lea without pny by the City Administrator fora period no[ ro exceed twelve (12) caiend rnmnMs weeks, ptovitled the requesting employee has given reasonvblejunifeettov of the request. 8. The affected Departmen[ Director mey refill the positiov based on the operetiovel needs of me Depmtmem anaez one or me founwmg enaahron~: I. On a emporary or limited term basis stipulating that such refill may to upon mof the regular employeo,if. inthe opivi nofthe Department Director. such leavels not detrimental to the opuntion of the department. or, 2. On a perm nt basi n thv event the Depanmeitt Directordeems that such leave is druimennl to the operation ofthesdepenment. C. IC upov expira not the[welve(12)t~leodarnmtrths weeks the employee does not return to work, the employee mall forfeit tnis rigni to be employed by the City. Amended ORDPtANCE 01-L56'! 2I5 OSI'1-0I CITY OF LONGWOOD PERSONNEL POLICIES AND PROCEDURES CHAPTER ] -ATTENDANCE AND LEAVES ].20 - LLAVE WITHOUT PAY PRDViSIDNS A. Upon Cher endari not rhei rmediat xupervi and the appmpria eapproval(s). leave wl[hout payeno[n[o exceed twelve (12}rakndie rnroaMSS weegs (except for Military Leave wiehou[pny,employees laid off or reduction-in-force)may ba gremedmperm n[fulHime. nod perm of pen ~ eemployee who hnvesa[isNCtorily wmpleted six mouths of eontinuoivs sariefaUOry service.[ m B. Short term leavewirhout pay(maximum l4 eelendvr days wiNin 30 calendarday period) shall be considued as absent without pay. C I[ie the responsibility of the eligible employee to: 1. Submit the npproprivm lanve Requosr FOrmmhis lmmedia[e supervisor for appropriate approval(s). 2. Note the mtnl anrieipeted period of dine away fiom Ci[y dories. 3. Identify the reason(s) for requett. be speciFlc. 4. Exhuus[all available/eligible leaves with pay prior ro requesting leave wirhonr pay (except for Militvy Ixnve wiNOnr pay). D. his the responxibility of the Uepnrtmenr Director to: L Recommend/determine whether approval of leave whhoot paymthe regnesriog employee woultl be Ue[rlmnntal to the operating unit. 2. Ensure that the opuarion of the deparhnent. tlivislon or office conrlnues to satisfactorily fone[ton while the employee is on app[oved leave without pay. 3. At the time leave whhour pay is nsidued, the Ciry Administmter shall tlem mine/s[ipulate whether the employee slut) l be entitled to remm ro his previous posi[ion or require the employee to apply for any vacant and posted position for whiGt he meets minimum qualifcations. Amended GRDEJANGE OI-156] OS-1]-01 E. Oher Provio cnf lPaveWlhot Pav: 1. A status form shall be prepared on all employees who are on approved absence/leave withour pay for more than fourteen (14)calendnr dayz Effective date to begin leave widtoot pey shall be the fifteenth (ISth) calendar day. 2. A sta[us form shall be prepared when such employee returns from leave without pay to adjust performance evaluation review dated and updated records. 3. The employee will be responsible for poymem of dre full premium nos[for nny neaten care aominnauon coverage. 4. The employee may also elec ue lifei ce beneflrs by co not group policy to individual policy. The employee will be responxible for poymem of the life insora u premmm. It is the employees responsibility to advise the Personnel Office and to make appropriate angementsfor completion of required paperwork within the requiredtime frames. 5. Should an employee elect not to maintain insurance benefts by making such onthly premium paymems, the employae uvd hix dependents will not be eligible for group ce benefits beyond die end of the calendar month in which the employee's leave without pay begins. 6. Any optional deductions from the employee s pay check. i.c. Savings Bonds. Credit Union. United Wey. optional insurance(s), Deferted Compensntion, etc., is the employee's responsilr liry ro make payments if electing to continue participating in these programs. '/. llpon expiration of approved leave without pey, the affected employee must return work or request a leave without pay extension. within three (3) consecutive working days. or he snail ba considered m honing voluntarily resigned. Amended ORDINANCE O1-t56] OS-17-01 s. Leave wllnout par anau be renecmd on me ofeaal pnyral. F. Rec nl lze vi hoot Pav I. cEmployecs shall utilize all eligiblelawrued levves with pay prior co mques~ing leave withom pvy. Exeuption: Military Leave. 2. All teeve without puy exceeding fom'leen (14)calendar days (except Military Leave) shall be deducted from she emploYee s continuous survlee meords, themby adjusting the employee s control date and contmuous service dv~ea. 3. An employee on leave wisdom pays s shall not accrue any annual leave nick lea e, bare other leaves with pvy. nor shall rite emploYee bu eligible for holiday puy during leave w houtopvy- 4. An emplvyee ov leave without pay scams may not be permitted to obtain. aecep~ work a~ outsideemploymen~. othu than Military Leave during the period of approved leave withom pay. in acwrdance with the conditions outlines in the Hype of leave without pay. 5. Depvnmantal rcquess for vpproval of temporvry appointment by the Gry Adminirtretor shall normally be withheld omit she departing employee has milized el I eligible/araileble leaves wish pay end beginsaleave without pay smtus. (See Chapter 5-Seuion 5.1 I -Dual Encumbuing of Positions.) Amended ORDW ANCE OI-156'1 OS-I'I-ol