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HomeMy WebLinkAboutD-1939-09 PTO/As AmendedSponsor: Councilor Seidensticker i Ordinance D-1939-09 AS AMENDED AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA AMENDING CHAPTER 2, ARTICLE 3, DIVISION H, SECTIONS 2-37,2-49,2-,50,2-51 AND 2-55 OF THE CARMEL CITY CODE WHEREAS, the City provides various categories of paid time off to its full-time employees, each category having different standards for use; and WHEREAS, personal needs vary from employee to employee, causing the various categories of paid time off to be more useful and more used by some employees than by others; and WHEREAS, the administration of, and accounting.for, these various forms of paid time off is complicated and cumbersome; and WHEREAS, the City desires to provide a more equitable means of providing paid time off, and a more efficient means of accounting for it. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, as follows: Section 1. The foregoing Recitals are incorporated herein by this reference. Section 2. Chapter 2, Article 3, Division 11, Section 2-37(a) is amended to read as follows: "(a) The employee compensation and benefit programs described in each section below shall apply to all City of Carmel employees unless otherwise stated therein. Except, however, the benefit programs addressed in Sections 2-51 and 2-52 do not apply to swom police and fire personnel, who shall be governed by their respective rules and regulations." Section 3. Chapter 2, Article 3, Division II, Sections 2-49, 2-50 and 2-51 of the Carmel City Code are deleted in their entirety. Section 4. A new Chapter 2, Article 3, Division II, Section 2-51 is added to read as follows: VERSION A, 6/1/09 § 2-51 Paid Time Off (PTO). "(a) Definitions. Benefit Year shall mean July 1 through the following June 30. Paid Time Off (PTO) replaces vacation time, sick time and'floating holidays. 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. Unscheduled PTO is PTO taken with less than 24 hours notice. (a) PTO Bank. (1) Initial Funding. All vacation time accrued but not used by an employee prior to June 27, 2009, will be transferred to the employee's PTO Bank. Any unused floating holidays will also be put in the Bank. The vacation and floating holiday categories of leave will cease to exist. (2) Accruals. In addition to the initial funding described above, PTO shall accrue according to the following schedule: Years 0-5 (date of hire through end of year 5) ................6.75 hours per pay period Years 6-12 (beginning of year 6 through end of year 12).......5.50 hours per pay period Years 13-20 (beginning of year 13 through end of year 20)......9 25 hours per pay period Years 21+ (beginning of year 21 through date of separation).. 10.25 hours per pay period 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. (3) New Employees. New employees shall accrue PTO beginning with their first full pay period, but shall not be entitled to use accrued leave until they have completed three months of full-time employment. 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. VERSION A, 6/1/09 (4) Transfer/Termination. 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. 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. Supervisors shall-make every effort to honor the paid time off requests of employees, consistent with the needs of the department. a) An employee will be allowed only that paid leave which has been credited to his PTO Bank. PTO cannot be taken in advance of, or during, the pay period in which it is accrued. b) PTO may be used in a minimum of one hour increments, and in 15 minute increments thereafter (except when used in conjunction with the intermittent and reduced schedule provisions of the Family and Medical Leave Act, in which case PTO may be used in a minimum of 15 minute increments). c) 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. d) 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). e) 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. 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. Unless the department has established a different policy, time off requests shall be granted on a first come, first served basis. VERSION A, 6/1/09 3 (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 (July I to June 30) to the next. Any excess time left in the bank as of June 30 of any year will be transferred to the employee's Sick Leave Bank. (b) 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. On June 30 of each year, any time in excess of 150 hours remaining in an employee's PTO Bank will be transferred to the Sick Leave Bank, up to the maximum stated below. An employee who has 150 or fewer hours in his PTO Bank on June 30 of any year will not have an annual deposit into his Sick Leave Bank. (3) Use of Sick Leave Bank. The Sick Leave Bank is intended for use when: a) An employee is medically unable to work for one-half (1/2) his scheduled work day or more, and is not otherwise compensated by the City or by worker's compensation or disability benefits; or b) An employee qualifies for Family and Medical Leave to care for a.spouse, child or parent with a serious medical condition. The Sick Leave Bank cannot be used: a) Until the balance in the employee's PTO Bank is 75 hours or less (although an employee may choose to deplete his PTO Bank before using time from his. Sick Leave Bank); b) For illnesses or doctor's appointments lasting less than one-half the employee's scheduled work day, except when used in conjunction with the intermittent and reduced schedule provisions of the Family and Medical Leave policy; VERSION A, 6/1/09 c) For illnesses of family members, unless such illnesses qualify for leave under the Family and Medical Leave policy. Time in the Sick Leave Bank can be used only in increments of one-half (1/2) .an employee's scheduled work day or the entire Sick Bank balance, whichever is less. A supervisor may require a doctor's statement or other proof of illness if an employee's use of the Sick Leave Bank indicates misuse, or any time after an absence of three (3) or more work days. Use of the Sick Leave Bank in circumstances other than those specified above 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. The City may elect annually to "buy back" any portion of an employee's Sick Leave Bank balance. The timing and amount of such buy-backs, as well as the procedures for administering them, shall be determined at the sole discretion of the City in accordance with applicable-law. All time in excess of 300 hours in,an employee's Sick Leave Bank at the end of the benefit year shall be forfeited if not "bought back." (5) Transfer/Termination. 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. 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. (c) Coordination with Disability Benefits. An employee is required to use all but 75 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. (d) Additional Leave. An employee who uses all the accrued time in his PTO Bank and Sick Leave Bank is not eligible for'additioml 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. 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." VERSION A, 6/1/09 5 Section 5. Chapter 2,.Article 3, Division II, Section 2-55 is amended to read as follows: § 2-55 Bereavement Leave. "(a) Up to three (3) days (22.5 hours) of paid leave may, at the department head's discretion, be granted per calendar year fora 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 (3) days for bereavement must use PTO or compensatory time, or seek approval for:additional 1! aid 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. Immediate family also includes a mother or father-in-law, son or daughter-in-law, sister or brother-in-law, grandparent-in-law, as well as step-mother or father, children, brother or sister, grandparents or grandchildren. In addition, a maximum of one (1) of the three bereavement days (7.5 hours) each year 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 6. This Ordinance shall be in full force and effect on and after June 27, 2009. Section 7. All prior City ordinances or parts thereof that are inconsistent with any provision of this Ordinance are hereby repealed as of the effective date of this Ordinance. Section 8. If any portion of this Ordinance is declared unconstitutional, invalid or unenforceable by the valid judgment or decree of any court of competent jurisdiction such unconstitutionally, invalidity or unenforceability shall not affect any of the remaining portions of same. 'S- PASSED by the Common Council of the City of Carmel, Tndian? this S day of 2009, by a vote of 7 ayes and nays. VERSION A, 6/1/09 6 COMMON COUNCIL FOR THE CITY OF CARMEL P iding Officer W. Eric Seidensti ker, President P pore lm V. Accetturo Ronald E. Carter ATTEST: Diana L. Cordray, IAMC, Clerk- / t ? - Z" V?? Richard L. carp f 6Luei der Presented by me to the M y r of the City of Carmel, Indiana this arAday of mss- 2009, at 1= `O A.M. J ATTEST: Diana L. Cordray, IAMC, Clerk- Prepared by: Barbara A. Lamb, Diana L. Cordray,IAMC, Clerk-Treasy er jAH IcAn 0 J es Brainard, Mayor of Human Resources VERSION A, 6/1/09 Approved by me, Mayor of the City of Carmel, Indiana, this flay of p, Y 2009, at -4 _14-,\4.