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HomeMy WebLinkAboutD-2753-24 Leave Policy SPONSOR(S): Councillors: Green and Taylor This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on December 6, 2024 at 12:00 p.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise. ORDINANCE NO. D-2753-24 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, AMENDING CHAPTER 2, ARTICLE 3, SECTIONS 2-51, 2-52, 2-54 AND 2-55 OF THE CARMEL CITY CODE. Synopsis: Ordinance amending PTO and leave policy. WHEREAS, the City of Carmel (“City”), has established various policies regarding PTO and leave relating to employees; and WHEREAS, it is now necessary for the Carmel City Code to be updated to more properly reflect the City’s policies regarding such leave. NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, Indiana, as follows: Section 1. The foregoing Recitals are fully incorporated herein by this reference. Section 2. The following subsections of Carmel City Code Sections 2-51, 2-52, 2-54 and 2-55 are hereby amended, and shall read as follows: § 2-51 PTO (a) Definitions. An employee’s Benefit Year shall mean the anniversary of the employee’s full-time hire date in any given year to the day preceding the anniversary date in the following year. Benefit Years shall thus vary from employee to employee, depending on hire date. Paid Time Off (PTO) shall mean time off with pay that can be used at an employee’s discretion and with the approval of the employee’s supervisor. (b) PTO bank. (1) Accruals. a) PTO shall accrue according to the following schedule: Years 0-5 (date of hire through end of year 5) 6.50 hours per pay period Years 6-12 (beginning of year 6 through end of year 12) 8.25 hours per pay period Years 13-20 (beginning of year 13 through end of year 20) 9.00 hours per pay period Years 21+ (beginning of year 21 through date of separation) 10.00 hours per pay period b) The City may, in its sole discretion, elect to accrue PTO at time intervals other than bi-weekly (e.g., monthly, quarterly, biannually or annually). The conversion to a different accrual interval shall result in accruals essentially equivalent (with allowance for rounding), on a prorated basis, to the bi-weekly amounts stated above. Ordinance No. D-2753-24 Page One of Six Pages Docusign Envelope ID: 319F774E-4343-463C-9DF0-896C71B54532 SPONSOR(S): Councillors: Green and Taylor This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on December 6, 2024 at 12:00 p.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise. c) An employee must work and/or be on paid leave an entire pay period in order to accrue PTO for that pay period. Any employee who is paid for fewer than 75 hours in a pay period (80 hours for golf course employees) shall not accrue PTO for that period. (3) New employees. a) A new employee shall accrue PTO beginning with his or her first full pay period, but shall not be entitled to use PTO until he or she has completed two months of full-time employment. b) Should an employee separate from the City and then be re-employed within 100 or fewer calendar days, the employee shall be entitled to full credit for service prior to the separation. After a separation of more than 100 calendar days, a returning employee shall be treated as a new employee for purposes of calculating PTO accruals and shall not receive credit for prior service. (4) Transfer/termination. a) The balance in an employee's PTO bank is transferable between any City departments. The employee's new department is responsible for all PTO time the employee brings with him. b) An employee is eligible to be paid for unused PTO upon leaving the City's employment. However, an employee's termination date may not be extended to use up the PTO bank balance. The employee's termination date shall always be the last day worked. (5) Use of PTO bank. a) For all paid time off, supervisors shall make every effort to honor the paid time off requests of employees, consistent with the needs of the department. b) An employee will be allowed to use only that paid leave that has been credited to his PTO bank. PTO cannot be taken in advance of, or during, the pay period in which it is accrued. c) PTO may be used in increments of 15 minutes. d) Employees are expected to meet the minimum notification standards established by the City. All PTO requests and/or notifications must be made in a manner consistent with each department's documented reporting procedures. e) Use of PTO with less than 24 hours notice is referred to herein as unscheduled PTO. A supervisor may require proof of illness, injury or other emergency when an employee uses unscheduled PTO. An employee using unscheduled PTO shall not be paid for the absence unless he or she has provided notification before the commencement of each work day (unless an emergency makes notification impossible). f) An employee using PTO for his own illness, injury or health condition shall not engage in outside employment during the period of leave. g) Subject to the minimum requirements of this ordinance, each department head may establish additional guidelines for administration of the PTO program. Such guidelines must be in writing, distributed to each employee and posted in the workplace. Failure to follow established procedures may lead to disciplinary action, up to and including termination. (6) Minimum staffing. a) Every department shall establish minimum staffing requirements for each of its operations. PTO shall not be granted, except in case of illness or approved FMLA leave, when it will cause the staffing to fall below minimum requirements. b) Unless the department has established a different policy, time off requests shall be granted on a first come, first served basis. Ordinance No. D-2753-24 Page Two of Six Pages Docusign Envelope ID: 319F774E-4343-463C-9DF0-896C71B54532 SPONSOR(S): Councillors: Green and Taylor This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on December 6, 2024 at 12:00 p.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise. (7) Employee responsibilities. The City's goal in creating a PTO policy is to allow employees maximum flexibility in the scheduling and use of paid time off, while at the same time ensuring that City operations are not adversely affected by the use of the privilege. Thus, the entitlement to paid time off under this policy carries a corresponding duty on the part of each employee to use his time responsibly. Using PTO in a manner that is detrimental to department operations will be considered a breach of the employee's duty and will be subject to disciplinary action. (8) Carryover. An employee will be allowed to carry over a maximum of 150 hours from one benefit year to the next. Any excess time left in the PTO bank at the end of any benefit year will be transferred to the employee's sick leave bank, subject to the 300 hour maximum accumulation in the sick leave bank. Hours that exceed the sick leave bank maximum shall be forfeited. (c) Sick leave bank. (1) Initial funding. Sick leave accrued by an employee prior to June 27, 2009, will be maintained in a sick leave bank and may only be used for the employee's own medical needs, or as otherwise allowed under the City's family and medical leave policy. (2) Annual deposits. a) Any time in excess of 150 hours remaining in an employee's PTO bank at the end of any benefit year will be transferred to the sick leave bank, up to the maximum stated below. b) An employee who has 150 or fewer hours in his PTO bank at the end of any benefit year will not have a deposit into his sick leave bank for that year. (3) Use of sick leave bank. a) The sick leave bank is intended for use when: i. An employee is medically unable to work due to an illness, injury or health condition, and is not otherwise compensated by the City or by worker's compensation or disability benefits; or ii. An employee qualifies for family and medical leave to care for a spouse, child or parent with a serious medical condition. b) The sick leave bank cannot be used: i. Until the balance in the employee's PTO bank is 100 hours or less (although an employee may choose to deplete his PTO bank before using time from his sick leave bank); and/or ii. For illnesses of family members, unless such illnesses qualify for leave under the City's family and medical leave policy. c) The sick leave bank may be used in increments of 15 minutes. d) An employee using time from his sick leave bank for his own illness, injury or health condition shall not engage in outside employment during the period of leave. e) A supervisor may require a doctor's statement or other proof of illness if the employee's use of the sick leave bank indicates misuse, or any time after an absence of three or more work days. f) Use of the sick leave bank contrary to the guidelines listed in this section may result in disciplinary action, up to and including termination. (4) Maximum accumulation. No employee can carry over more than 300 hours in his sick leave bank from one benefit year to the next. Any time in excess of 300 hours will be forfeited. (5) Transfer/termination. a) The balance in an employee's sick leave bank is transferable between any City departments. The employee's new department is responsible for all sick time the employee brings with him. c) An employee's sick leave bank balance will not be paid out upon termination of employment. An employee's termination date may not be extended to use up the sick leave bank balance. The employee's termination date shall always be the last day worked. (d) Coordination with disability benefits. An employee is required to use all but 100 hours in his PTO bank and all time in his sick leave bank before receiving disability benefits. An employee may elect to use any remaining PTO balance before receiving disability benefits. Ordinance No. D-2753-24 Page Three of Six Pages Docusign Envelope ID: 319F774E-4343-463C-9DF0-896C71B54532 SPONSOR(S): Councillors: Green and Taylor This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on December 6, 2024 at 12:00 p.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise. (e) Additional leave. (1) An employee who uses all the accrued time in his PTO bank and sick leave bank is not eligible for additional paid time off, unless the absence falls into another category of paid leave for which the employee is eligible. Even if additional unpaid leave is granted, the employee may be subject to disciplinary action for misuse of the PTO program. (2) An employee who is in need of additional extended leave may apply for unpaid leave as provided by the City's leaves of absence policy. § 2-52 Holidays. (a) Definitions. Holiday shall mean the 24-hour period from midnight to midnight of a day on the annual holiday schedule, unless otherwise specified. Premium Pay shall mean the hourly amount, as stated in the Salary Ordinance, a full-time, part-time or temporary employee earns in addition to his regular hourly rate, for each hour (or portion thereof) worked on a holiday. (b) Each year the Mayor shall set a City holiday schedule which shall reflect the 10 holidays for which full- time employees shall receive paid leave. An employee may be required to work on a holiday; however, this decision is at the discretion of management. (c) In addition, full-time employees shall receive paid leave for 2 floating holidays each calendar year. New full-time employees starting before July 1st shall receive paid leave for 2 floating holidays. New full-time employees starting July 1st or after will receive paid leave for 1 floating holiday. Full-time employees starting after October 31st will not receive any floating holiday paid leave. A new employee shall not be entitled to use a floating holiday until he or she has completed two months of full-time employment. When requesting to use a floating holiday, employees are expected to meet the same minimum notification requirements established by their department for PTO requests. Requests to use a floating holiday shall not be granted when it will cause the staffing to fall below minimum requirements. This leave cannot be carried forward to the following year. (d) Full-time, non-exempt employees required to work on a holiday shall be paid 7.5 hours of holiday pay (8 hours for golf course employees), regular pay for each hour (or portion thereof) actually worked, and premium pay as specified in the annual Salary Ordinance for each hour (or portion thereof) actually worked. Part-time, non-exempt employees required to work on a holiday will be paid regular pay for each hour (or portion thereof) actually worked and premium pay as specified in the annual Salary Ordinance for each hour (or portion thereof) actually worked. Regular wage and hour laws for overtime pay apply for hours worked over 40 in a pay period. Full-time exempt employees required to work on a holiday shall be paid 7.5 hours of holiday pay (8 hours for golf course employees) and will receive compensatory time for each hour (or portion thereof) actually worked. Regular compensatory time policies apply for hours worked greater than 40 in a pay period. § 2-54 Military Leave. (a) It is the City's intent to comply at all times with applicable Federal and State law as it pertains to military leave, including, but not limited to, the Uniformed Services Employment and Reemployment Rights Act (USERRA). (b) Any City employee who is a member, as that term is defined in I.C., 10-16-7-2, of the Indiana National Guard or a reserve component of the U.S. Armed Forces, is entitled to receive up to 15 consecutive or nonconsecutive shifts of military leave annually, without loss of time or pay, for such time as the employee is on Indiana National Guard or reserve component training or duty pursuant to appropriate and authorized military orders. Such time away from the job shall not be charged against the employee’s PTO/vacation allowance. Ordinance No. D-2753-24 Page Four of Six Pages Docusign Envelope ID: 319F774E-4343-463C-9DF0-896C71B54532 SPONSOR(S): Councillors: Green and Taylor This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on December 6, 2024 at 12:00 p.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise. (c) Any City employee who is a member, as that term is defined in I.C., 10-16-7-2, of the Indiana National Guard shall also be entitled to receive an unpaid leave of absence for the total number of days that he is on state active duty pursuant to I.C., 10-16-7-7. Such an employee may elect to substitute paid leave (excluding sick and/or catastrophic leave) for any portion of this unpaid leave time. (d) USERRA may provide an employee with additional rights as regards unpaid military leave and job reinstatement. In general, USERRA covers all categories of military training and service, including duty performed on a voluntary or involuntary basis, in time of peace or war. A complete list of current employee rights and obligations under USERRA is available from Human Resources. An employee who exercises rights provided by USERRA shall not be discriminated or retaliated against in any matter of employment. (e) The City shall pay 100% of the employer and employee contributions for dependent (spouse and child(ren)) health insurance coverage during a period of active duty, other than active duty for training, if the dependents are covered under the City plan. (f) The City may, in its sole discretion, elect to pay the difference between an employee's active duty pay and the employee's regular City salary or wages, whether the employee's military leave is taken pursuant to Indiana law and/or USERRA, whenever the employee is ordered to active duty other than active duty for training. Supplemental pay, if provided, shall be subject to the following conditions: (1) Supplemental pay will be determined by comparing gross military pay to gross City pay (excluding overtime). If the City's pay is greater, the supplement shall be the difference between the two. If the City's pay is less than or equal to military pay, there shall be no supplement. (2) Hardship Duty/Imminent Danger Pay and Family Separation Allowance shall not be included in military gross pay for purposes of calculating supplemental pay. (3) To determine gross military pay, the employee is required to submit a military Leave and Earnings Statement (LES) at the time he reports for active duty, at the time he is released from active duty and at any time between if military pay changes. If military pay increases during the period of active duty and a new LES is not submitted to the City, the employee shall, upon return from active duty, be required to repay the City for any overpayment of supplemental pay. § 2-55 Bereavement Leave. (a) Up to three shifts of paid leave may, at the department head's discretion, be granted for a death that occurs in a full-time employee's immediate family. This leave cannot be accumulated or carried forward to the following year. An employee in need of more than three days for bereavement must use PTO or compensatory time, or seek approval for additional unpaid leave through his department head, who shall review each request on a case - by-case basis. (b) Immediate family is defined as father, mother, husband, wife, brother, sister, child, grandchild or grandparent (including step- or in-law relationships). Immediate family also includes those individuals residing in the same household as the employee. In addition, a maximum of one shift can be used for an aunt, uncle or cousin (including step- or in-law relationships). (c) An eligible employee must notify his supervisor of the death and request bereavement leave. The City reserves the right to require documentation. Section 3. If any portion of this Ordinance is for any reason declared to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance so long as enforcement of same can be given the same effect. Section 4. This Ordinance shall be in full force and effect from and after the date of its passage and signing by the Mayor and such publication as required by law. Ordinance No. D-2753-24 Page Five of Six Pages Docusign Envelope ID: 319F774E-4343-463C-9DF0-896C71B54532 SPONSOR(S): Councillors: Green and Taylor This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on December 6, 2024 at 12:00 p.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise. PASSED, by the Common Council of the City of Carmel, Indiana, this day of , 2025, by a vote of ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMEL Adam Aasen, President Matthew Snyder, Vice-President Rich Taylor Anthony Green Jeff Worrell Teresa Ayers Shannon Minnaar Ryan Locke Anita Joshi ATTEST: ______________________________ Jacob Quinn, Clerk Presented by me to the Mayor of the City of Carmel, Indiana this _______ day of __________________, 2025, at ________ ___.M. ___________________________ Jacob Quinn, Clerk Approved by me, Mayor of the City of Carmel, Indiana this _______ day of __________________, 2025, at ________ ___.M. ___________________________ Sue Finkam, Mayor ATTEST: Jacob Quinn, Clerk Ordinance No. D-2753-24 Page Six of Six Pages Docusign Envelope ID: 319F774E-4343-463C-9DF0-896C71B54532 7th A January January 7th 11:15January 0 A11:30 9 6th