TOWN OF
IMPORTANT NOTICE
The
purpose of the Personnel Ordinance (also referred to as the Personnel Code) is
to provide for fair and consistent treatment of Town employees. IT IS NOT
A CONTRACT. There is no guarantee that
the policies, practices and procedures described in this ordinance will not
change. In fact, it is the practice of
the Town to change the Personnel Ordinance and other policies, practices and
procedures whenever needed.
The
Town uses this document for guidance in making most personnel decisions. However, certain situations occur where the
Town determines that a different approach is more appropriate.
June
1998 (Renumbered May 2005)
TOWN CODE OF ORDINANCES
CHAPTER 2 ADMINISTRATION, ARTICLE III OFFICERS AND EMPLOYEES
DIVISION 2.
PERSONNEL
Sec. 2-87. General provisions.
(a) Purpose. The purpose of this article is to establish a fair and uniform system of personnel administration for all employees of the town under the supervision of the town manager. Nothing contained in this article should be construed as creating any type of employment contract between or among the town and any of its employees, either express or implied. Additionally, nothing contained in this article shall restrict the town's right to unilaterally change the policies, practices and procedures described herein. While, in the normal course of events, the town intends to follow the provisions set forth in this article, in whole or in part, and other policies, practices and procedures affecting personnel, certain situations may occur in which the town, at its sole discretion, will not follow this division unless otherwise required by law.
(b) Personnel ordinance and plans. The town council is responsible for approving this division, the position classification plan and the salary plan.
(c) Administration. The town manager is the head of the administrative branch of town government and is directly responsible to the town council for the administration of town affairs. The town manager is the final authority for directing the activities of all classified employees; therefore, the town manager shall establish personnel policies, practices and procedures as necessary, provided these are not in conflict with the town charter, town code, federal or state laws.
(d) Human resources department. There shall be a human resources department, under the supervision of the town manager, which has continuing responsibility and authority with respect to personnel matters. The town manager may delegate to the human resources department the responsibility for various functions as he/she sees fit. It has primary responsibility for advising the town manager and employees on policies, rules, regulations, benefits and procedures, and maintaining all employee records. All employees shall have full access to the human resources department for the purposes described herein.
(e) Employee organizations. The town recognizes the right of its employees to belong or not to belong freely and without discrimination to any organization whose purpose, existence or activities are not in conflict with a local, state or federal law.
(f) Application. The personnel ordinances and plans and all policies, practices and procedures adopted pursuant to them shall be binding on all town employees who are under the direction of the town manager. Any employee failing to carry out the full implementation of these policies may be subject to disciplinary action.
(g) Departmental policies, practices and procedures. Due to operational requirements of the various town departments, each department is authorized to establish supplemental policies, practices and procedures applicable only to the personnel of that department. All such policies, practices and procedures shall be subject to the approval of the town manager, and shall not conflict with the provisions of this division, but rather supplement it.
(h) Statement of affirmative action and equal employment opportunity policy. The policy of the town is to foster, maintain and promote equal employment opportunity. Recruitment of applicants for town employment will actively provide for measures to improve the diversity of the applicant pool. The town shall select employees on the basis of the applicant's qualifications for the job and award them, with respect to compensation and opportunity for training and advancement, including upgrading and promotion, without regard to age, sex, race, color, religion, national origin, nondisqualifying disability or political affiliation. Applicants with disabilities shall be given equal consideration with other applicants for positions in which their disabilities do not represent an unreasonable barrier to satisfactory performance of essential job functions.
(i) Implementation of affirmative action and equal employment opportunity policy. All personnel responsible for recruitment and employment will continue to review regularly the implementation of this personnel policy and relevant practices and procedures to assure that equal employment opportunity based on reasonable, job-related job requirements is being actively observed to the end that no employee or applicant for employment shall suffer discrimination because of age, sex, race, color, religion, nondisqualifying disability, national origin or political affiliation.
(j) Merit principle. Appointments, promotions, and other human resource transactions shall be made solely on the basis of merit, except where organizational needs warrant other considerations.
(Code 1982, § 2-63; Ord. No. 91-5, § 1, 2-28-1991; Ord. No. 95-007, § 1, 1-26-1995; Ord. No. 96-010, § 1, 10-24-1996; Ord. No. 98-003, 5-28-1998)
Sec. 2-88. Position classification plan.
(a) Purpose. The position classification plan provides a complete and accurate description and specification for each class of employment within the town service. The plan standardizes job titles, each of which is indicative of a definite range of duties and responsibilities.
(b) Full-time employees. Full-time employees are those who are in positions for which an average work week over a one-month period of at least 37 1/2 hours per week is required by the town.
(c) Part-time employees. Part-time employees are those who are in positions for which an average work week over a one-month period is less than 37 1/2 hours per week.
(d) Temporary employees. Temporary employees are those who are in positions which are expected to last less than 24 consecutive months. Unless specifically included, the provisions of this division do not apply to temporary employees; however, the phrase "any employee" shall be deemed to include temporary employees.
(e) Probationary employees and trainees. All full-time and part-time employees hired into an authorized position and given a probationary appointment shall be considered probationary employees. A trainee is an employee not fully qualified to meet the requirements of a position, but who is expected to do so within a reasonable period of time.
(f) Regular employees. All full-time and part-time employees who have completed initial probation, as defined by section 2-91, shall be considered regular employees. The term "regular," as used in this division, specifically sections 2-87 through 2-96, shall not be construed to guarantee any employee continued employment.
(g) Use. The position classification plan is to be used:
(1) As a guide in recruiting and examining applicants for employment;
(2) In determining lines of progression and in developing employee training programs;
(3) In determining salary to be paid for various types of work;
(4) In determining human resource service items in departmental budgets; and
(5) In providing uniform job terminology.
(h) Administration. The town manager shall be responsible for the administration of the position classification plan, and shall periodically review the entire position classification plan. The human resources department, under the direction of the town manager, shall have continuing responsibility to assure that this plan is implemented.
(i) Adoption. The position classification plan shall be adopted by the town council.
(j) Amendment. Classes of positions shall be added to and deleted from the position classification plan upon approval of the town council, or the town manager, based on criteria established by the town council.
(Code 1982, § 2-64; Ord. No. 91-5, § 1, 2-28-1991; Ord. No. 95-007, § 1, 1-26-1995; Ord. No. 96-010, § 1, 10-24-1996; Ord. No. 98-003, 5-28-1998)
Sec. 2-89. Salary plan.
(a) Definition. The salary plan includes the basic salary schedule and position authorization plan. The salary schedule consists of minimum and maximum rates of base salary for all classes of positions included in the position classification plan. The position authorization plan includes a complete inventory of authorized positions and a designation of the hours in the work week for each position. The salary schedule shall be adopted by the town council. A position authorization plan shall be adopted by the town council each fiscal year and may be amended during the fiscal year by the town council or by the town manager based on criteria established by the town council.
(b) Pay rates in promotion, demotion, and transfer. When an employee is promoted, demoted or transferred, the rate of salary for the new position will be established in accordance with the following rules:
(1) An employee who is promoted will receive a salary consistent with the provisions of subsection 2-91(g);
(2) An employee who is demoted will receive a salary consistent with the provisions of subsection 2-91(j);
(3) An employee who is transferred from a position in one class to a position in another class where the new position is assigned to the same salary grade as the old position will continue to receive the same salary.
(c) Pay rates in salary range revisions and reclassifications. When the town council approves a change in salary grade for a position or class of positions, the salaries of employees whose positions are reallocated are affected as follows:
(1) When a position or a class of positions is assigned to a higher salary grade, eligible employees in that class will normally receive a salary increase based on the pay for performance policy;
(2) When a position or a class of positions is assigned to a lower salary grade, the salary of any employee in that position or class will remain unchanged. If this assignment to a lower salary range results in an employee being paid at a rate above the maximum established for the new class, the base salary of that employee shall be maintained at that level at least until such time as the employee's salary grade is increased above the employee's current salary and the employee is eligible for an increase.
(d) Starting salaries. All persons employed in positions contained in the position authorization plan shall be employed at the minimum salary for the classification in which they are employed, provided they possess the minimum qualifications required; however, on the recommendation of the department director and with the approval of the town manager, well-qualified applicants may be employed above the minimum rate.
(e) Trainee salaries. An applicant who is hired as a trainee, or an employee who is promoted to a trainee, may be appointed at a trainee rate. A trainee rate is normally at least five percent below the minimum rate of the assigned salary grade.
(f) Performance appraisal. Each employee will receive a performance review at times established by the town manager, but at least once a year. During this review, the employee and his/her supervisor shall discuss the employee's tasks and responsibilities and identify areas of good performance and areas for additional improvement. The supervisor shall document such review to the employee's human resource file, in a form approved by the town manager.
(g) Anniversary dates for merit performance reviews. Anniversary dates for performance reviews shall be established by the town manager for all employees. The anniversary date will remain unchanged by promotions and reclassifications, unless either action results in a salary increase of more than 15 percent. Interim appointments will not affect anniversary dates.
(h) Performance awards. When an employee becomes eligible for a performance award, such increase shall be the decision of the department director, based on the quality of the employee's performance and conduct and approved by the human resource director as to the sufficiency of documentation, adherence to policies, and other technical and legal matters. The town manager will grant performance awards to department directors, upon eligibility and based upon their performance and personal conduct.
(i) Reserved.
(j) Overtime.
(1) Any employee of the town may be required to work the hours necessary to fulfill the needs of the town as determined by the town manager or department director. Any overtime hours must be approved, normally in advance, by the employee's supervisor.
(2) The town shall comply with minimum wage, overtime salary, recordkeeping and other applicable provisions, if any, of the Fair Labor Standards Act (FLSA). The town manager shall determine which positions are covered by the FLSA ("nonexempt") and which positions are not covered ("exempt") by the FLSA provisions concerning overtime.
(3) Any employees in nonexempt positions will be paid the regular rate of salary for hours worked up to the limit established by the FLSA for their positions (usually 40 hours in a seven-day period). Hours worked above the FLSA-established limit will be compensated at the appropriate overtime rate or through compensatory time.
(Code 1982, § 2-65; Ord. No. 91-5, § 1, 2-28-1991; Ord. No. 95-007, § 1, 1-26-1995; Ord. No. 96-010, § 1, 10-24-1996; Ord. No. 97-029, 6-26-1997; Ord. No. 98-003, 5-28-1998)
Sec. 2-90. Recruitment, selection and appointment.
(a) Recruitment sources. When position vacancies occur, department directors shall notify the human resources department concerning the number and classification of positions which are to be filled. Certain vacancies may be made available only to current employees. The human resources department will publicize all other opportunities for employment, including applicable salary information and employment qualifications. Information on job openings and hiring practices shall be provided to recruitment sources, including organizations and news media available to minority applicants. In addition, notice of vacancies shall be posted at designated conspicuous sites within departments. Individuals shall be recruited from a geographic area as wide as is necessary to ensure that well-qualified applicants are obtained for town service.
(b) Job advertisements. Employment advertisements shall contain assurances of equal employment opportunity and affirmative action, and shall comply with federal and state statutes.
(c) Applications for employment. All persons expressing interest in positions for which the town is recruiting externally will be given the opportunity to file an application for employment.
(d) Selection. Department directors shall make such investigations and conduct such examinations as deemed appropriate to assess fairly the aptitude, education, and experience; knowledge, skill, and ability; and other qualifications required to perform the essential functions of a job with or without reasonable accommodation. All selection devices administered by the town, or by persons or agencies for the town, shall be valid measures of job performance.
(e) Employment procedure. When a job opening occurs and the procedures set forth in this division have been completed, the human resources department shall then screen all applications for the position and identify the best qualified applicants for the department director or other designated supervisory personnel. The department director or supervisor, following standard procedures, shall interview the appropriate applicants.
(Code 1982, § 2-66; Ord. No. 91-5, § 1, 2-28-1991; Ord. No. 95-007, § 1, 1-26-1995; Ord. No. 96-010, § 1, 10-24-1996; Ord. No. 98-003, 5-28-1998)
Sec. 2-91. Conditions of employment.
(a) Employment of immediate family and close relatives. "Immediate family" and "close relatives" are defined in subsection 2-92(q). The town prohibits the hiring and employment of immediate family and close relatives in authorized positions within the same work unit. The town also prohibits the hiring of any person into a temporary or authorized position who is an immediate family member or close relative of individuals holding the following positions: Mayor, mayor pro tem, town councilmember, town manager, assistant town manager, town clerk, town attorney, finance director or human resources director. Otherwise, the town will consider employing families or related persons in the service of the town, provided that such employment does not result in immediate family or close relatives supervising relatives or having any responsibility for the payroll, hours of work, or human resource records of relatives, or for making any decision affecting the employment of a relative. Employment of individuals who are cohabiting or were formerly related, as defined by subsection 2-92(q), shall be subject to the same conditions as immediate family or close relatives. For the purpose of this division, "cohabiting" shall mean to live together in a sexual relationship when not legally married.
(b) Probationary and trainee periods defined.
(1) An employee who is newly appointed shall serve an initial probationary period of at least six months, except firefighters and law enforcement officers, who shall serve at least a 12-month initial probationary period. "Initial probation" or "initial probationary period," where used in this division, shall mean within the current term of employment.
(2) An employee who is transferred, as provided in subsection (k), or promoted to an authorized position, as provided in subsection (g), shall also serve a probationary period of at least six months, except that new firefighters and law enforcement officers shall serve at least a 12-month probationary period.
(3) An applicant who is hired, or an employee who is promoted and who is not fully qualified to meet the established requirements of the position, may be appointed as a trainee. Probationary and trainee periods shall normally not exceed 12 months, except for new firefighters and police officers, where the probationary period will normally not exceed 18 months.
(c) Probationary and training periods: evaluations and recommendations. The supervisor of a probationary employee or trainee shall accomplish and document the following at least every three months of employment:
(1) That there has been discussed with the employee the employee's accomplishments, failures, strengths and weaknesses;
(2) Whether the employee is performing satisfactory work;
(3) Whether the employee's conduct is satisfactory;
(4) Whether the employee should be retained in the position or whether the employee should be terminated or, if applicable, reinstated to his/her former position or one of comparable seniority, status and pay, if available and appropriate. Before the end of the probationary or training period, the supervisor shall make final evaluations and recommendations. Upon successful completion of the training period, trainees shall become probationary employees.
(d) Probationary and training periods: discipline and appeal.
(1) A probationary employee or a trainee who has not previously completed initial probation is not subject to the same disciplinary procedures as a regular employee. A probationary employee or a trainee who has not completed initial probation may be terminated without resorting to any of the steps outlined in section 2-95.
(2) Termination relating to job performance should normally be preceded by one or more counseling sessions to assist the employee in fulfilling the responsibilities of the position. Such counseling sessions are not a prerequisite to termination. Particularly, termination relating to personal conduct may occur without prior counseling or warning.
(3) A probationary employee or a trainee who has not previously completed initial probation and who is dismissed shall have the right to appeal through the grievance procedure only if alleging unlawful employment discrimination based on age, sex, race, color, religion, national origin, political affiliation or disability.
(4) A probationary employee or a trainee who had previously successfully completed initial probation during this term of employment is subject to disciplinary action up to and including dismissal in accordance with the provisions for a regular employee (section 2-95) and is entitled to the same process as a regular employee under the grievance procedure (section 2-96).
(e) Promotions, interim appointments and special assignments of employees.
(1) It is the policy of the town to encourage promotions from within the town work force whenever possible. Employees will be considered based on merit, job performance and personal conduct in current and previous town positions, and relevant experience and training. Interim appointments may be made by the town manager or department director if a vacancy or leave is reasonably anticipated to exceed 30 calendar days. Interim appointments will only be made if the employee will spend a significant portion of time performing higher level duties. Interim appointments may be terminated by the town at any time.
(2) Special assignments are long-term temporary assignments where the duties differ significantly from those duties typical in the employee's normal job classification. Special assignments may be terminated by the town at any time for any reason. Special assignments are authorized by the town council.
(f) Promotion, interim appointments and special assignments; salary. When an employee who meets all established requirements is promoted to a position in a higher salary grade, the employee's salary will normally be increased to the minimum level for the new pay range, or at least the equivalent of a five-percent increase. Employees receiving interim appointments to positions in a higher salary grade, or special assignments at a higher level, may be granted a salary increase which will not affect anniversary dates and will be rescinded upon the expiration of the interim appointment or special assignment.
(g) Promotion; probationary conditions. An employee who is promoted shall be considered on probation for the purposes of evaluation, but shall not be denied any of the employee benefits that would be provided if the promotion had not occurred. The probationary period shall last at least six months, except for newly appointed firefighters and police officers, who shall be on probation at least 12 months. If, at any time during the probationary period, the promoted employee's work performance is found to be unsatisfactory, the disciplinary procedure for evaluation as set forth in subsections 2-95(a), (b), (c), and (d) will be followed. To avoid termination, the employee may be reinstated in the employee's former position or one of comparable seniority, status and salary, if available. If no such position is available, the employee may be terminated. Before the end of the probationary period, the supervisor shall make the evaluations and recommendation as required by the provisions of subsections (c) and (d).
(h) Outside employment. An employee's work and interests of the town will take precedence over all other occupational interests of employees. All outside employment for salaries, wages or commission and all self-employment must be reported in advance to the employee's supervisor, who in turn will report it to the department director. The department director will review such employment for possible conflict of interest then submit a record of the employment and review to personnel. Conflicting or unreported outside employment is grounds for disciplinary action up to and including dismissal.
(i) Demotion: disciplinary, voluntary, administrative. Any employee whose work performance is unsatisfactory or personal conduct is detrimental may be transferred to a position in a lower salary grade if the employee possesses the qualifications necessary for performance in the new position. Such a disciplinary demotion should normally be preceded by the warning procedures outlined in section 2-95. When a transfer to a lower level position is not acceptable to the prospective department director, an employee may instead be given a within-grade salary reduction. A voluntary demotion may be requested by an employee at any time but must be approved by the town. An administrative demotion may be imposed by the town when the safety or health of the employee, public, or co-workers is at serious risk.
(j) Pay rate for demotional transfer. When an employee is transferred to a position in a lower salary grade for which the employee is qualified, the salary shall be set at the rate in the new pay range which provides the smallest or no decrease in salary, provided the action is taken for reasons other than discipline. If the action is for disciplinary purposes, the salary shall be set at an appropriate point in the lower range that is less than the existing salary.
(k) Transfer. Any employee of the town may be transferred to another position in the same department, or in another department of the town, if approved by the town manager. The employee shall not be denied any of the employee benefits that would be provided if the transfer had not occurred; however, if the transfer results in a change in department or classification, or is for disciplinary purposes, then the employee shall serve a probationary period as provided for by the provisions of subsection (h).
(l) Rehiring.
(1) An employee who resigns while in good standing may be rehired with the approval of the town manager, and will be regarded as a new employee subject to all the provisions of this division.
(2) An employee in good standing who is terminated due to a reduction in force shall be given the first opportunity to be rehired in the same or a similar position. An employee who is terminated due to a reduction in force and is then rehired within two years shall have his/her sick leave balance and vacation accrual rate reinstated.
(m) Acceptance of gifts and favors. No official or employee of the town shall:
(1) Accept any gift, favor or thing of value that may tend to improperly influence or be perceived to improperly influence such employee in the discharge of the employee's duties; or
(2) Grant in the discharge of duty an improper favor, service, or thing of value.
(n) Political activity restricted.
Each employee has a civic responsibility to support good government by every
available means and in every appropriate manner. Each employee may join or
affiliate with civic organizations of a partisan or political nature, may
attend political meetings, and may advocate and support the principles or
policies of civic or political organizations in accordance with the
Constitution and laws of the State of
(1) Engage in any political or partisan activity while on duty;
(2) Use official authority or influence for the purpose of interfering with or affecting the result of a nomination or an election for office;
(3) Be required as a duty of employment or as condition for employment, promotion or tenure of office to contribute funds for political or partisan purposes;
(4) Coerce or compel contributions from another employee of the town for political or partisan purposes;
(5) Use any supplies or equipment of the town for political or partisan purposes;
(6) Be a candidate for nomination or election to office under the town charter.
Any violation of this section shall subject such employee to dismissal or other disciplinary action.
State Law References: Other restrictions on political activity, G.S. 160A-169.
(o) Additional conditions of employment for the assistant town manager and department directors. The assistant town manager and department directors may be terminated without following the process outlined in section 2-95 of this article. The town manager shall advise the town council of his intentions prior to terminating a covered employee under this provision. Such a termination may be recorded as a resignation and will entitle a covered employee who has completed initial probation to severance pay based on the following:
|
Continuous years of town service |
Weeks of severance pay |
|
Less than 2 |
4 |
|
2 or more, but less than 5 |
8 |
|
5 or more |
12 |
Employees age 40 or older on the effective date of severance will receive an additional four weeks of severance pay. All such severance pay is in addition to any other benefits to which the employee is otherwise entitled and is contingent upon the employee agreeing to such terms and conditions of severance as the town may deem appropriate. Severance pay does not include any type of pay other than base pay.
(Code 1982, § 2-67; Ord. No. 91-5, § 1, 2-28-1991; Ord. No. 93-34, § 1, 9-23-1993; Ord. No. 95-007, § 1, 1-26-1995; Ord. No. 96-010, § 1, 10-24-1996; Ord. No. 97-029, 6-26-1997; Ord. No. 98-003, 5-28-1998)
Sec. 2-92. Employee benefits, holidays and leaves of absence.
(a) Eligibility. All regular and probationary employees, as well as trainees employed by the town and other employees, as specifically provided herein, are eligible for employee benefits provided for in this section which are subject to change at the town's discretion (see also subsection 2-63(a)). Temporary employees, whether full-time or part-time, are only eligible for workers compensation, family and medical leave subject to the provisions of the family and medical leave policy, and participation in the Local Government Credit Union subject to credit union rules and regulations.
(b) Group health plans.
(1) The town will make reasonable effort to provide full-time employees with at least one group health plan, including family coverage, and to pay the total individual cost for the individual employees enrolling in that plan. Employees will pay all or a portion, as determined by the town council, of the cost of coverage for qualified dependents if the individual employee desires such coverage.
(2) Part-time employees may, if they so desire, purchase available group health through the town, either for themselves or for themselves and their qualified dependents. A pro rata amount of the cost of coverage paid for a full-time employee shall be paid for by the town, with the remainder of the cost being paid by the employee. This pro rata amount shall be based on regularly scheduled hours.
(3) Employees who retire may remain on a town group health plan to age 65. Retirees are eligible for premium supplements based on criteria established by the town council.
(4) Information concerning cost and benefits shall be available to all employees through the human resources department.
(c) State local governmental retirement system. Each employee who is expected to work for the town more than 1,000 hours annually shall, as a condition of employment, join the state local governmental employees retirement system, effective at the end of 60 days from the date of employment, with the exception of law enforcement officers and firefighters, who join the system on the effective date of hire as a condition of employment. Employees who are already members of the state local governmental employees retirement system or state teachers and state employees retirement system or other systems at the time they are hired are enrolled in the state local governmental employees retirement system on the effective date of hire.
(d) Compensation for off-duty employees on standby status. The town must provide certain critical services 24 hours a day, seven days a week. To ensure that employees with necessary skills are readily available, the town places some off-duty employees on standby status and provides town council-approved compensation for the inconvenience created.
(e) Tuition reimbursement. Full-time employees who have completed initial probation may apply for tuition reimbursement for courses taken on their own time, whenever possible, which will improve their skills for their current job or prepare them for promotional opportunities within the town service. Tuition, registration fees, laboratory fees and student fees are eligible expenses. Employees may be reimbursed all of the first $175.00 of eligible expenses and one-half of additional eligible expenses up to a total reimbursement of $350.00 in any fiscal year. Satisfactory completion of the course will be required for reimbursement. (Also see subsection (dd), education leave, of this section.)
(f) Paid leave policy. The policy of the town is to provide vacation, sick leave, holiday leave, and certain other paid leaves to all full-time and part-time employees. Paid leave does not include leave while receiving short-term disability insurance or while receiving benefits under worker's compensation. An employee must work or be on paid leave for more than half the regularly scheduled hours in a biweekly pay period to accrue leave for that period.
(g) Holidays. The town designates the
same paid holidays observed by the state and as may be amended by the state.
Town staff will be notified of the schedule each calendar year.
(h) Effect of holidays on other types of leave. Regular holidays which occur during a vacation, sick leave, or other paid leave period of any officer or employee of the town shall not be considered as vacation, sick leave, or other leave.
(i)
(j) Religious holidays. Any employee of the town desiring to observe a religious holiday other than those designated shall be permitted to do so as determined by federal regulations. Such absences are accounted for through use of vacation or compensatory time, if available. Any such employee shall advise his or her immediate supervisor of the proposed leave at least one week in advance of that date, and the employee's work schedule should be adjusted accordingly to permit such observance.
(k) Schedule for taking vacation. Employees shall be granted use of earned vacation upon request, in advance in writing, at those times designated by the town manager or department director, which will least inconvenience normal operations of the town.
(l) Unscheduled vacation. Unscheduled vacation is vacation which is taken, but has not been approved in advance by the appropriate town official. Unscheduled vacation will be considered as an improper use of leave privileges and may subject an employee to disciplinary action as outlined in section 2-95.
(m) Vacation leave: initial appointment, probationary employees and trainees. Employees who have not completed initial probation may accumulate vacation leave; however, the employee shall not be permitted to take vacation leave unless the denial of such leave would create an unusual hardship or unless it is to be used as supplemental pay while on workers compensation. Vacation leave, except as a supplement to workers compensation, may be taken during this period only with the prior approval of the town manager. Firefighters and law enforcement officers shall be allowed to take accumulated vacation leave after six months' satisfactory service.
(n) Vacation leave: rate.
(1) Full-time employees working the basic workweek shall earn vacation leave at the following rates:
|
Years of aggregate service in an authorized position |
Hours earned in one year |
Days earned in one year |
|
Less than 2 |
80 |
10 |
|
2 but less than 5 |
96 |
12 |
|
5 but less than 10 |
120 |
15 |
|
10 but less than 15 |
144 |
18 |
|
15 but less than 20 |
168 |
21 |
|
20 or more |
192 |
24 |
(2) Vacation earned by employees having a workweek with greater or fewer hours than the basic workweek shall be determined in accordance with the formula set forth in subsection (v) of this section.
(3) With approval of the town council, the town manager can authorize a higher-than-vacation accrual when necessary to attract an applicant to a critical position during a tight labor market. Such accrual shall not exceed 24 days per year.
(o) Vacation; maximum accumulation.
(1) Vacation may be accumulated without any applicable maximum until the last day of the first full payroll period in a new calendar year; however, if the employee separates from service, payment for accumulated vacation shall not exceed 240 hours. On the last day of the first full payroll period in a new calendar year, any employee with more than 240 hours of accumulated vacation leave will have the excess amount converted to sick leave, so that 240 hours are carried forward to the second payroll period of the new calendar year.
(2) Employees are cautioned not to retain excess accumulation of vacation until late in the calendar year; due to the necessity of keeping all town functions in operation, large numbers of employees cannot be granted vacation at any one time. If any employee has excess leave accumulation during the latter part of the year and is unable to take such leave because of staffing demands, the employee will not receive special consideration, either in having vacation scheduled or in receiving any exception to the maximum accumulation.
(p) Payment for accumulated vacation upon death. The estate of an employee who dies while employed by the town will normally be entitled to payment for all the accumulated vacation credit to the employee's account, not to exceed a maximum of 240 hours; however, an employee may stipulate in writing to the human resources department to whom payment should be made in the event of death.
(q) Sick leave.
(1) Sick leave with salary is not a right that an employee may demand, but a privilege granted for the benefit of an employee when sick.
(2) Sick leave may be granted to an employee temporarily absent from work for any of the following reasons: Sickness, bodily injury, required physical or dental examinations or treatment, or exposure to a contagious disease when continuing work might jeopardize the health of others.
(3) Sick leave may be used when an employee must temporarily care for a member of his or her immediate family who is ill. Such leave is normally limited to 12 weeks total in any 12-month period. Sick leave may also be used for death in the employee's immediate family or the death of a close relative. For the death of an immediate family member, an employee may take up to five days of sick leave for any one occurrence. For a close relative, sick leave may not exceed three days for any one occurrence. Additional leave time required for any such occurrence may be charged to vacation. For the purpose of this section, "immediate family" is defined as wife, husband, mother, father, guardian, brother, sister, daughter and son. For the purpose of this section, "close relative" is defined as mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandmother, grandfather, grandson, and granddaughter. Also included in both definitions are the various combinations of "step," "half" and adopted relationships.
(4) Sick leave may also be used to supplement pay received under worker's compensation.
(5) Up to 80 hours of sick leave may be used singly or jointly by parents adopting a child.
(6) An employee on sick leave who, upon advice of a competent physician, is determined by the town to be unable to return to work and who is vested in the retirement system may continue to use accrued sick leave, provided that he/she is actively applying for service or disability retirement. Where the employee is not vested, the employee may exhaust sick leave accrued while employed with the town.
(r) Sick leave rate and accumulation. Sick leave shall accrue at a rate of one day per month of service or 12 days per each calendar year of service. Sick leave for employees whose workweek is less than full-time shall be calculated proportionately, as described in subsection (v) of this section. Sick leave shall accumulate without remittal for as long as that person remains an employee of the town.
(s) Policy for taking sick leave. Notification of the desire to take leave should be submitted to the employee's supervisor prior to the leave, but, in any event, not later than one hour after the beginning of the scheduled workday.
(t) Physician's certificate.
(1) The department director may require a physician's certificate stating the nature of the employee's or immediate family member's illness and the employee's capacity to resume duties for each occasion on which an employee uses sick leave. The employee may be required to submit to such medical examination or inquiry as the department director deems desirable. The department director shall be responsible for the application of this provision to the end that:
a. Employees shall not be on duty when they might endanger their health or the health of other employees; and
b. There will be no abuse of leave privileges.
(2) Claiming sick leave under false pretense to obtain a day off with salary shall subject the employee to disciplinary action.
(u) Sick leave; retirement credit for accumulated sick leave. Sick leave may be granted as retirement credit consistent with the provisions of the state local governmental employees retirement system.
(v) Calculation of holiday leave, vacation
and sick leave.
(1) The number of hours worked by such employees shall be divided by the number of hours in the basic workweek;
(2) The proportion obtained in step (1) shall be multiplied by the number of hours of leave earned annually by employees working the basic workweek;
(3) The number of hours in step (2) divided by 26 shall be the number of hours of leave earned biweekly by the employees concerned.
(w) Workers compensation.
(1) All employees of the town, whether full-time, part-time, regular, probationary or temporary, are covered by state workers compensation and are required to report all injuries arising out of and in the course of employment to their immediate supervisor, at the time of the injury, in order that appropriate action may be taken at once.
(2) Responsibility for claiming compensation
under the workers compensation act is on the injured employee. The human
resources department will assist the employee in filing the claim. An employee
absent from duty because of sickness or disability due to an on-the-job injury
and covered by the
(3) The town directs all medical treatment through its third party administrator. Unauthorized medical treatment is not covered.
(x) Family, parental, maternity and medical leaves. All employees who have met certain criteria are eligible for family and medical leave as prescribed by the family and medical leave act of 1993. Specific guidelines and employee notification requirements are outlined in separate town policies and procedures.
(y) Leave without salary generally.
(1) To ensure public accountability, the town normally does not pay employees for scheduled hours not worked when there is no leave time accrued or available which is appropriate to cover the absence. Leave without pay for employees who are exempt from the overtime provisions of the fair labor standards act will only be used in a manner which preserves the employee's exempt status. A regular employee may be granted a leave of absence without salary for up to one year by the town manager. The leave may be used for reasons of:
a. Personal disability after both sick leave and the desired amount of vacation has been exhausted;
b. Continuation of education or special work that will permit the town to benefit by the experience gained or the work performed; or
c. For other reasons deemed justified by the town manager.
(2) The employee shall apply in writing to the town manager for leave. The employee is obligated to return to duty with the town at the end of the time determined appropriate by the town manager. Upon returning to duty after being on leave without salary, the employee will normally return to the same position held at the time leave was granted or to one of like classification, seniority and salary. If the employee decides not to return to work, the employee should notify the supervisor immediately. Failure to report at the expiration of a leave of absence, unless an extension has been approved, shall be considered a resignation.