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HomeMy WebLinkAboutBPW-12-16-98-04Short Term DisabRESOLUTION BPW-12-16-98-04 WHEREAS, on August 17, 1998, the Carmel Common Council passed Ordinance No. D- 1378-98 establishing a short-term disability plan and an optional long-term disability plan for civilian employees upon approval of a vendor contract by the Board of Public Works and Safety; and WHEREAS, on August 17, 1998, the Carreel Common Council passed Ordinance No. D- 1376-98 establishing new rules for the accrual, use and carryover of sick leave for civilian employees; and WHEREAS, federal and state laws also impact on the City's provision of leave time and other accommodations for certain health-related reasons; and WHEREAS, a clear set of operating guidelines will help managers and employees understand their benefits, fights and obligations under these laws, ordinances and contracts. NOW, THEREFORE, BE IT RESOLVED, that the attached Guidelines for Sick and Disability Leave, dated December 1998 ("Guidelines"), shall direct the implementation and operation of the City' s sick leave policy and disability plans, so long as and to the extent that the Guidelines are in conformance with applicable law. To the extent the Guidelines and applicable law are in conflict, the law shall prevail. BE IT FURTHER RESOLVED that the City of Carreel Director of Human Resources is authorized to interpret the Guidelines, amend the Guidelines, or promulgate such additional guidelines as are necessary for the prudent administration of these benefits, within the boundaries established by federal and state law, local ordinance and applicable insurance contracts, provided that any additional guidelines are first reviewed and approved by the Carreel City Attorney or his or her designee. PASSED AND ADOPTED by the Board of Public Works and Safety of the City of Carmel, Indiana, this/~ ~ day of/~,,.,,~ ,d~,_.,~. ,1998. · Presiding · , Officer Mary ~urke, Member GUIDELINES FOR SICK & DISABILITY LEAVE The terms of laws, statutes, ordinances and insurance contracts are detailed and often complex. The information provided here is only a summary; contact Human Resources office at 571-2471 for more complete information on any of the programs or policies described below. To the extent that these guidelines and applicable law are in conflict, the law will prevail. Sick Leave (employee benefit) 1. Sick leave is a benefit given by the City to meet the requirements of employees who have a legitimate need for time off due to an illness or an injury. Unused time will not be paid out, except as dictated by Sec. 2-42 of the Carreel City Code; under no circumstances will sick leave be paid out when the employment relationship is terminated. 2. Beginning January 1, 1999, full-time City civilian employees will accrue sick leave at a rate of five (5) hours per month, or eight (8) days per year. 3. Beginning December 31, 1998, accrued sick leave in excess of 30 days may be: a) carried over from one year to the next to a limit of 40 days; or b) paid out at a ratio of three (3) hours of sick leave to one (1) hour of pay. Sick leave in excess of 40 days will automatically be paid out. (In 1999, excess sick leave will be converted to vacation at a 3:1 ratio rather than paid out. Payouts will begin in the year 2000.)* 4. Payout (or conversion) option forms will be distributed to eligible employees annually in January for sick leave accrued the preceding year. Default conditions will apply if an employee fails to file an election form on a timely basis. An election for a calendar year cannot be made or changed after January 31 of that year. 5. For an employee who elects to be paid out for accrued sick time in excess of 30 days, payment will be made at the hourly rate in effect at the time of the payout. Payout will be made in February of each year, beginning in February 2000. 6. Paid sick leave is to be used for an employee's own illness, injury or doctor's appointment only. Any other use will subject the employee to disciplinary proceedings. 7. A doctor's certificate will be required after three (3) consecutive work days absence, or any time at the discretion of the employee' s department head. 8. All available sick leave must be exhausted prior to the start of short-term disability (STD) leave. 9. An employee who does not have sufficient sick leave to cover the 30 day elimination period (the required waiting period before benefits are payable) for STD may elect to use vacation time or compensatory time, if available. If no paid time off is available, the employee will be placed on unpaid leave. This policy is not retroactive. Before December 31, 1998, accrued sick leave in excess of 30 days was forfeited at the end of each calendar year. Excess sick leave forfeited in years prior to 1998 is not eligible for conversion or payout. 12/98 1 Short-Term Disability (insurance coverage) 1. Full-time civilian employees are eligible for short-term disability (STD) insurance at the end of 30 consecutive days of full-time employment with the City. 2. STD coverage will be provided through a contract with Continental Casualty Company (CNA), or another insurance carrier selected by the City. STD eligibility and benefits are based exclusively upon the terms of the insurance contract and applicable law. 3. The City will pay 100% of the STD premium for full-time civilian employees. 4. STD benefits for qualified City employees will begin the later of: 1 ) 30 calendar days after the onset of the disability; or 2) after all accrued sick time has been used. At the employee's option, the elimination period (period of time between the onset of the disability and the first benefit payment) may be extended through use of accrued vacation time. In no instance will an employee be eligible for disability benefits for the same period of time in which paid sick leave and/or vacation time is used. 5. STD will end: 1 ) when the employee is no longer disabled under the terms of the plan; or 2) 120 calendar days from the onset of the disability, if the employee has signed up for optional long-term disability coverage; or 3) after 13 weeks of benefits, if the employee has not signed up for long-term disability coverage. 6. The position of an employee who qualifies for STD will be guaranteed at least until benefits under the federal Family and Medical Leave Act are exhausted; after FMLA leave is exhausted, decisions whether to continue the employment relationship will be made on a case- by-case basis at the City' s discretion and in compliance with all federal and state laws. 7. For as long as the employment relationship continues during the period of STD benefits, the following benefits will continue: · Health insurance will remain in force, provided the employee makes timely payment of his or her portion of the premium (25%). · LTD insurance will remain in force, provided the employee makes timely payment of the premium ( 100% ). · Sick leave and vacation will continue to accrue. · PERF service credit will continue to accrue, subject to limitations (no more than six (6) months during any four (4) consecutive years). 8. If the employment relationship is terminated during the period of STD benefits: · The employee will be notified of COBRA eligibility provisions for health insurance coverage. · Sick leave and vacation will no longer accrue. · PERF service credit will no longer accrue. · STD coverage will continue, at the City' s expense, for the shorter of 13 weeks or the duration of the disability. · LTD coverage will continue for a covered loss which began before the employment termination date, provided the employee makes timely payment of the premium; a loss that begins after the employment termination date will not be covered. 12/98 2 Long-Term Disability (insurance coverage) 1. Full-time civilian employees are eligible for optional long-term disability (LTD) insurance at the end of 30 consecutive days of full-time employment with the City; each employee is responsible for 100% of the cost of such insurance, to be paid through payroll deduction or any other method approved by the City. 2. LTD coverage is provided through a contract with Continental Casualty Company (CNA), or another insurance carrier selected by the City. LTD eligibility and benefits are based exclusively upon the terms of the insurance contract and applicable law. 3. LTD benefits, for employees who enroll in the plan, will begin 120 days alter the onset of the disability. 4. LTD benefits for most employees will continue until the earlier of: 1 ) the end of the disability; or 2) the employee's 651h birthday. 5. If an individual is still employed when he or she transitions from STD to LTD, the City and the employee will jointly review his or her employment status at that time and periodically therealter. All decisions regarding the employment relationship will be made on a case-by- case basis at the City' s discretion and in compliance with all federal and state laws. 6. When LTD leave commences, health insurance benefits will cease, regardless of whether the employment relationship continues (unless the employee is eligible for retiree benefits). The employee will be eligible for COBRA coverage at his or her own expense. 7. PERF service credit will continue to accrue during period of LTD, assuming the employment relationship continues, subject to limitations set forth in law. 8. LTD coverage will continue for any covered loss that began before the employee's termination date, and premiums will be waived during the period of covered disability. If the employee returns to work for the City alter a disability leave, LTD coverage may be continued. If the employees does not return to work for the City, disability coverage will be terminated when disability benefits end. 9. Sick leave and vacation will no longer accrue during the period of LTD, regardless of whether the employment relationship continues. Family and Medical Leave Act (federal law) 1. The Family and Medical Leave Act (FMLA) requires the City, under certain circumstances, to grant up to twelve (12) weeks of unpaid leave annually for: 1) the birth of an employee' s child or to care for a newborn child; 2) to care for a child placed into an employee's family by adoption or a foster care arrangement; 3) to care for an employee's spouse, child or parent who has a serious health condition; or 4) the employee's own serious health condition that makes the employee unable to perform his or her essential job functions. 2. Leave under the Family and Medical Leave Act (FMLA) will run concurrently with sick leave, STD and LTD, provided the leave is for the employee's own serious health condition. The City requires all paid leave to be exhausted before unpaid leave begins. 3. Not all time that qualifies for FMLA may qualify for STD and/or LTD. For those FMLA leaves that do not qualify for disability leave, the FMLA guidelines will be in effect. For those that do qualify for disability leave, both sets of guidelines will apply. 12/98 3 Americans with Disabilities Act/Section 504 of the Rehabilitation Act of 1973 (federal laws) 1. The Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 require the City to make reasonable accommodations to allow a qualified employee with a disability to perform his or her essential job functions, so long as the accommodation does not create an undue hardship for the City or a direct threat to the health or safety of the employee or others. 2. Within the above guidelines, the City will accommodate employees with both short-term and long-term disabilities to allow them to return to work. 3. An employee who requires an accommodation must submit a written request for accommodation to his or her supervisor or to the Director of Human Resources. Workers Compensation (insurance coverage) 1. The City provides workers compensation insurance for illnesses and injuries arising out of and in the course of employment. 2. The civilian workers compensation plan covers both medical expenses and time off from work. 3. Neither the City' s short-term or long-term disability insurance, nor the City' s health insurance, covers job-related injuries or illnesses, and workers compensation insurance is the exclusive remedy for such injuries or illnesses. 12/98 4