Loading...
HomeMy WebLinkAboutD-1975-09 PTO Compensation Policy Sponsors: Councilors Snyder and Rider ORDINANCE D- 1975 -09 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, AMENDING CHAPTER 2, ARTICLE 3, DIVISION II, SECTIONS 2 -40, 2 -46, 2 -51, 2 -52, 2 -54, 2 -56, 2 -57 AND 2 -58 OF THE CARMEL CITY CODE WHEREAS, the City of Cannel provides a generous benefits package for its employees, including a Paid Time Off (PTO) program for civilian employees, paid leave for jury duty and certain court appearances and a generous tuition reimbursement program; and WHEREAS, each of the aforementioned policies, as well as the policies they cross reference, requires periodic revision for purposes of equity, clarity and consistency. 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 II of the Cannel City Code should be and the same is hereby amended to read as follows: A. 2- 40(c)(1)(d) and 2- 40(c)(1)(e) are amended as follows: "d) The total hours worked in a regular workweek shall include PTO, paid sick leave, paid holidays, compensatory time off and other paid absences for the purpose of calculating overtime pay. e) Although various types of pay (time worked, PTO, sick leave, holiday, compensatory time off, etc.) may be combined in one shift, in no case shall an employee be paid for more than his regularly scheduled shift unless the employee has actually worked longer than his scheduled shift with the approval of his supervisor, or such payment is for time the employee works before and /or after his scheduled shift." B. §2 -46(e) is amended as follows: "e) An employee receiving worker's compensation income replacement benefits shall be deemed on paid leave for purposes of accruing PTO." 1 C. 2- 51(b)(2)(c) is added as follows: "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." D. 2- 51(b)(5) is amended as follows: "(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 shall 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. b) PTO may be used in increments of 15 minutes. 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) An employee using PTO for his own illness, injury or health condition shall not engage in outside employment during the period of leave. f) 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." E. 2- 51(c)(3) is amended as follows: "(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 2 ii. an employee qualifies for family and medical leave to care for a spouse, child or parent with a serious health condition. b) The sick leave bank cannot be used: i. 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); 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 (3) 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." F. 2 -52(g) is amended as follows: "(g) Holidays that occur while an employee is on PTO leave shall not be charged against such employee's PTO bank." G. 2 -54(b) is amended as follows: "(b) Any City employee who is a member, as that term is defined in Indiana Code 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 days 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." H. 2 -56 is amended as follows: 2 -56 Jury Duty /Court Appearances. (a) Jury duty. 3 (1) Time off shall be granted to any full -time employee who is required to serve on a petit jury or a grand jury during his or her scheduled work day. The employee shall be paid his regular salary or wage for such court time. (2) The employee shall present a copy of the summons for jury duty to his supervisor immediately upon receipt. If the employee is required to report for jury selection or is selected for jury duty, the employee shall provide an attendance slip from the court. The attendance slip shall be submitted to the Payroll department with the employee's time sheet. (3) An employee shall not waive his right to compensation from any court. An employee who receives compensation for jury duty shall remit such payment to the Clerk Treasurer's office. Any payments made to the employee by the court for expenses (e.g., mileage or meals) may be retained by the employee. (4) An employee released from jury service during normal working hours shall report to his work site whenever practical. (b) Other court appearances. (1) Paid time off shall be granted to any full -time employee who is required to appear in court under subpoena (as a witness), to a maximum of one day per calendar year, as long as the employee is not acting as an employee and /or representative of another organization at the time of the appearance. (2) An employee who is scheduled to appear in court for personal business must use his PTO unless the employee is the victim in a criminal proceeding, in which case paid time off shall be granted to a maximum three (3) days per calendar year. (3) For all court appearances, the employee shall provide his supervisor with a copy of the subpoena or notice of proceedings as soon as possible. After each appearance, the employee must provide documentation from the court as to the actual dates and times of attendance, which documentation shall be submitted to the Payroll department with the employee's time sheet. (4) Court time will also be paid if the employee is participating in a proceeding pertaining to his employment with the City. Time off under these circumstances shall be limited only by the legal requirements of the City." 1. Section 2 -57(c) is amended as follows: "(c) Whenever the Mayor declares the City to be closed for general business purposes due to weather, special events or the general health, safety and welfare of City employees, "essential" employees are expected to report for duty at their regularly scheduled time, or as requested by their supervisors. Failure to do so will result in lost pay for an "essential" employee unless he chooses to use accrued PTO /vacation time or compensatory time off for the day in question." 4 J. 2 -58(c) is added as follows (with subsequent sections re- lettered accordingly): "(c) The City will not provide reimbursement for courses that: (1) are intended primarily to help participants study for an exam or "test out" of an educational requirement, or to enable students to receive credit for life experience or previous educational activities; or (2) will be paid or reimbursed by any other formal tuition assistance program, including, but not limited to, scholarships, grants or programs offered by other civilian or military employers." K. 2- 58(d)(2) (which is re- lettered 2- 58(e)(2)) is amended as follows: "(2) Any employee who is reimbursed for tuition under this policy is expected to remain with the City as a full -time employee for a minimum of one year after final reimbursement is made. To the extent permitted by law, an employee who fails to do so shall be required to refund the money paid by the City for each course completed less than a year before the date he ceased to be a full -time employee." Section 3. This Ordinance shall be in full force and effect on and after its passage and signing by the Mayor. Section 4. 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 5. 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. PASSED by the Common Council of the City of Carmel, Indiana this 7 da of .e.Ceconi/4rt 2009, by a vote of 7 ayes and a nays. 5 COMMON COUNCIL FOR THE CITY OF CARMEL C-76-% at'aioze-ar-e-aP Presiding Officer Jcsep!C ri tths Vii._ J, W Eric Seidens ker, President -ro T/mpore Kevin Rider 4 ci( t o V. Accetturo Ric ar L. Sha AO Ronald E. Carter Luc' :nyder O AT' T: Diana L. Cordray, IAMC, Cle0 reasurer Presented by me to the Mayor of the City of Carmel, Indiana this a day of b.Q.es Q 2009, at 1 %30 -P.M. ie i ✓i 0 a ii Tana L. Cordray, IA C, Cl�errk Treasurer Approve by me, Mayor of the City of Carmel, Indiana, this day of /.pc,,6, p 2009, at f ,M. h Ja es Brainard, Mayor TTEST: WAf do I 11111 49 Diana L. Cordray,W, Clerk Treasurer Prepared by: Barbara A. Lamb, Director of Human Resources 6