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RES 1572 12/11/2018 OF C/o0 l rQ rfx �, S RESOLUTION # 157,2- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS ADOPTING THE PERSONNEL POLICIES OF THE CITY OF CIBOLO. WHEREAS, Section 4.06 of the Cibolo City Charter establishes that personnel rules shall be prepared and presented to City Council, who may adopt them by ordinance or resolution; and WHEREAS, Section 4.06 of the Cibolo City Charter requires that the adopted personnel rules establish the City as an Equal Opportunity Employer; and WHEREAS, the adopted personnel rules shall comply with all applicable State and Federal labor laws; NOW, THEREFORE, BE IT RESOLVED that the attached Personnel Policies shall govern the equitable administration of the personnel system effective the 12th day of January 2019. APPROVED AND ADOPTED ON THIS 11th DAY OF DECEMBER 2018 BY THE CITY OF CIBOLO. S osh Boyl , Mayor ATTEST: E Peggy Cimics, City Secretary Page 1 of 1 p & O U r O City of Cibolo rex ,,s Office of the City Manager "City of Choice" Memo To: Mayor and City Council From: Robert T. Herrera, City Manager/Anna Miranda,Finance Director Date: August 14, 2018 Re: Persormel Policy Proposal CC: Kristen Hetzel, Human Resources Manager Over the last few years, City staff has been working to update the City's Personnel Policy Manual. The City staff has completed its review of the proposed personnel manual and plans to present it to the Mayor and City Council for review and ultimate approval in mid-September to October 2018. Attached is a proposed updated personnel policy for your review. Hard copies are available upon request. Also enclosed, please find a memorandum from HR Manager Hetzel outlining some of the larger changes from the current policy. Thank you for your assistance and guidance during this process. Robert T. Herrera Anna Miranda City Manager Finance Director EncloSUre(s) �4 oC cls 0 r0 City of Cibolo rc' x 5 Human Resources Department � "City of Choice" Memo To: Anna Miranda, Finance Director From: Kristen Hetzel, Human Resources Manager Date: August 14, 2018 Re: Personnel Policy Proposal Attachment: Personnel Policy Draft Our current personnel policy was created in 2007 by our attorneys. Since then, numerous updates, memos, and adjustments have been made to make the policy manual current. Per our City Charter, policies must be approved by City Council. A new policy was created to update and replace our current policy. This draft was presented to and developed by a committee comprised of select Department Heads. After the committee finalized a draft, the City Manager's Office, all Department Heads,the City Attorney, and select employees have reviewed and revised this manual proposal. Once approved by Council,the new manual will supersede preexisting policies and memos unless stated otherwise. Human Resources is reconnnending training supervisors on the new policy before training all employees. We are recommending a sixty(60)day implementation process before any disciplinary actions based on the new policy be enacted. While the policy manual was created by a committee,we would like to highlight some of the larger changes from the current(2007) policy: • Overall- Restatement of procedures to reduce ambiguity; addition of a glossary for clarification; numerous changes to allow for a variation in procedures for public safety including a different recruitment process for the Fire Department(selection from the Alamo Area Fire Chiefs' Consortium candidate list),different probationary period for law enforcement(1 year for police officers vs. 6 months for civilian personnel),and different disciplinary process(must follow TGC §614) • Fitness for Duty-Added an appeal procedure 2 • Leave Policies o Compensatory Time -increase max from 40 hours to 120 hours o Longevity Pay-Moves payment from September to November and adds a cap of 25 years o Usage of Leave-New policy regarding requesting usage of leave(5 day notice for any leave more than 3 days except emergency); adds a time limit for department to respond to leave request; o Administrative Leave -allows Department Heads to authorize for specific items o Bereavement Leave-changes limit from 900 miles to out of the state o Sick Leave—adds a cap of 960 hours,changes the payout but grandfathers some current employees; allows for the creation of a sick leave pool o Holidays—creates a holiday pay differential for employees required to work on an actual holiday($2/hr);also creates a consistent application of 11.2 hours holiday pay for uniformed Fire Department personnel • Employee Conduct o Creates some new policies including a"Ready, Willing,and Able to Work" policy which allows supervisors to send staff home o Changes dress code policy to allow departments to determine their specific level of professionalism o Clarifies other policies including no rights to privacy,political activity, adds a confidentiality clause to prohibit personal gain • Harassment policy expands the sexual harassment policy to cover additional discrimination(age, religion, etc.) • Drug testing—added post-accident Iimits to exclude law enforcement use of force and conscious acts • Intimate Relationships—prohibits relationships for department heads and any employees; support staff from IT, Finance, HR, and CM from any employees; and supervisors with subordinates in the chain of command—grandfather clause • Discipline—allows for written reprimands to be removed from employee files after 36 months;expands City Manager appeal from termination to all paycheck impacting actions(suspension,demotion,and termination) s 3 Personnel Policies t : r k. �.a 5. f Y t2 i3 Table of Contents Policy1.0 Introduction ............................................................................9 1.0.01 Introduction................................................................................... 9 1.0.02 Handbook...................................................................................... 9 1.0.03 Welcome Letter ............................................................................ 10 1.0.04 Authority..................................................................................... 11 1.0.05 Purpose ....................................................................................... 11 1.0.06 Applicability.................................................. .................... 12 Policy1.1 Employment............................................. ., , ;,................. 13 1.1.01 Equal Employment Opportunities (EEO).. ,: ........................... 13 1.1.02 Recruitment............................................. ..... .�. 13 Exceptions ............................................... ........ .. ................. 14 1.1.03 Pre-employment Screening.............. ................................ ............ 14 Age Requirements......................... ,, ....... ....................... t . .......... 14 Background Checks ............................:`# ... ................................. 14 Mandatory Drug Screening................... , ...................................... 14 Pre-Employment Physical :. ......: .. 14 ......................... Professional License and Eduoatiort checks `_ 15 Other Pre-Screening Checks. .:.,.. ,..... ;.., ....... 15 Verification of Ell"biI"i (Immigration to Worki the United States * : Reform 8v Control Act of41986) ...... .,..................................................... 15 Application:. ... 15 PublicSafety ...... ......................: ....................................................... 15 1.1.04 Ele frorue Access acid Identification Cards ...................................... 15 1.1.05 Nepotism . :,........ .,.. ................................................................. 16 Consanguinity .,........... .................................................................... 16 Affa2ty ........ .............................................................................. 16 Procedures .. s. ................................................................................. 17 1.1.06 Emplaymerit Classifications ............................................................ 17 Type........... ........................................................................................... 17 Regular ................................................................................................ 17 Temporary............................................................................................ 17 Seasonal .............................................................................................. 17 Schedule................................................................................................. 18 Full-time .............................................................................................. 18 Revision Date: May 2018 DRAFT 2 Part-time.............................................................................................. 18 1.1.07 Introductory Periods........................................................................ 18 1.1.08 Fitness for Duty Evaluations ........................................................... 18 1.1.09 At-Will Employer............................................................................. 19 1.1.10 In-processing .................................................................................. 19 1.1.11 Out-processing................................................................................ 20 Policy1.2 Compensation........................................................................21 1.2.01 Paydays ........................................................... ................... 21 Changes to Pay, Withholding Exemptions, and Direct Deposit ................. 21 1.2.02 Time .......................................................... 21 FLSAStatus..................................................... ,, .................... 21 Non-exempt Positions.............................. . .. ...................21 Exempt Positions .................................... ....... .................. .... ..........21 Compensatory Time......................... .._. ..... ............... ........... 21 Compensatory - Overtime.......................: .,.,.. .............................22 Compensatory - Straight Time......................... ...........................................22 Maximum Accrual............... .............. . ..............................22 Transition ............................. �; 22 Overtime Hours...... . 22 Compensable Time;(Work Time) ........................................................ 23 Workweek .......... ............ ............................................... 23 Lunch and freaks. ..................................................... 24 TrainingTime...... .............................................................. 24 TravelTime ... ................................................................ 24 ari-Call ....... ..... ..................................................................... 25 1.2.03 Position Descr` ptions....................................................................... 26 1.2.04 Position FLSA Classifications .......................................................... 27 FLSAID" t ...................................................................................... 27 FLSA Non Exempt................................................................................ 27 1.2.05 Pay Classification Changes.............................................................. 27 Reclassification/Regrade of a Position .................................................. 27 Promotion of Individual ........................................................................ 27 Temporary Promotion of Individual....................................................... 27 Demotion of Individuals........................................................................ 28 Transfer of Individual ........................................................................... 28 Revision Date: May 2018 DRAFT 3 1.2.06 Longevity Pay.................................................................................. 28 Policy1.3 Benefits.................................................................................30 1.3.01 Benefit Programs............................................................................. 30 Benefits Continuation........................................................................... 30 Additional Benefits ............................................................................... 31 LifeInsurance ...................................................................................... 31 Fraud or Misrepresentation ................................... .......................... 31 1.3.02 Retirement.................................................... .......................... 31 1.3.03 Family Medical Leave Act ......................... .,..': t�.:.......................... 32 Eligibility...................................................... ................... 32 Insurance............................................. .......... ............. 33 1.3.04 Worker's Compensation .............. ... ............................ ::......... 33 Payment Under Worker's Compensation......... .......... 33 1.3.05 Modified Duty ................................. .... ............................. 34 Eligible Employees................................ .................................... 34 Extension of Modified Duty Pehod................. . .,. .............................. 35 Benefits While on Modified Duty.. ...:............................... 35 .. Completion of Modified Duty ::., . ... ;: :` .................................... 35 1.3.06 Employee As stance Program'(EAP) ............................................... 35 Mandated Assistance... ............ ....................................................... 35 1.3.07 Flexible'"Spending Accounts (FSAs) ................................................. 36 } Health Care FSA.. ..... ....... ............................................................. 36 Depen' cnt care FSA ..................................................................... 36 4 ( Policy,";.".4 Leave Benefits ... . .:..............................................................37 11:1,1 401 Administering=Leave.:...................................................................... 37 Lea.�eRequests .............................................................................. 37 r 1.4.02 Acistratiue Leave....................................................................... 37 Termina4n .................................................................................... 38 Emergency«Situation s........................................................................... 38 1.4.03 Bereavement Leave.......................................................................... 38 ImmediateFamily................................................................................. 39 1.4.04 Jury and Witness Duty ................................................................... 39 Returnto Work..................................................................................... 39 Witness Regarding Official Acts ............................................................ 39 1.4.05 Military Leave.................................................................................. 40 Revision Date: May 2018 DRAFT 4 Reservists............................................................................................. 40 Extended Active Duty Military Leave..................................................... 40 Retirement ....................................................... .................................. 40 1.4.06 Sick Leave....................................................................................... 41 Sick Leave for Employee ....................................................................... 42 Sick Leave for Employee's Immediate Family ........................................ 42 MaximumAccrual ................................................. ................. 42 Payment at Separation .................................. .. 42 "Grandfathered" Employees........................... .. .... ................... 43 Documentation..................................... 43 Discipline..................................... .. .................................... ........ 44 1.4.07 Vacation Leave.............................. 44 EarningRates ......................................... ..................................... 44 MaximumAccrual ............. ................... ................................. 44 Payment at Separation ........ .......... ... 45 1.4.08 Unauthorized Absences... �.... 45 1.4.09 City Holidays. ...... . .fl. ..... .... ...................................... 45 1.4.10 Sick Leave Poch ..... :t ........ ..................................................... 46 1.4.11 Inclement Weather Policy ....... ................................................... 47 s , . Policy1.5 Employee. Conduct............. .. ..............................................48 1.5.01 General Conduct . f 48 Ready, Willing, and Able to Work:......................................................... 48 Dress Code Y ...... 48 Gifts, Entertainment, Financial Interest, and Favors............................. 48 (51fAce Donations .............................................................................. 48 Outsi ft Employment............................................................................ 49 Gambling setting, and Lotteries .......................................................... 49 1.5.02 Workphice Harassment ................................................................... 49 Reporting ............................................................................................. 50 Investigations....................................................................................... 50 Retaliation............................................................................................ 50 Sexual Harassment ................................................................................. 50 Reporting ............................................................................................. 51 Revision Date: May 2018 DRAFT 5 Investigations....................................................................................... 51 1.5.03 Drug-free Workplace ....................................................................... 51 Mandatory Drug Testing....................................................................... 52 ❑ Random Testing......................................................................................52 ❑ Post-Accident Testing..............................................................................52 Removal from Duty............................................................................... 52 Returnto Duty...................................................... 53 Testing Based on Reasonable Cause.............. ...... .......................... 53 Refusalto Test ............................................... ...... ................... 53 Testing Facilities .................................. . 53 Conviction........................................ 54 Outside Agencies.......................... . . .... .................................. 54 1.5.04 Confidentiality.................................. ...................................... 54 1.5.05 Political Activity....................................... ...................................... 54 1.5.06 Use of Government Proper .......................... 54 1.5.07 Privacy........................... ... .......... .............................. 54 1.5.08 Intimate Relationships .... .. .................................. 55 SeniorStaff............................... ......... `.. ...................................... 55 Supervisors . ....... ... ..... ..................................................... 55 Support Staff ........ ............ 55 Procedures.. ,: 56 ;j Policy1.6,, p ine .. ,-............... ......................................................57 1.6.0� Reasons'for Discipline 57 1 6°Q2 Progressive Discipline . ................................................................... 59 bevels.......... .... ..4,............................................................................... 59 Fac'i4,�# ...... .............................................................................. 59 Resignkion in Lieu of Discipline........................................................... 60 1.6.03 Disciplary Actions ........................................................................ 60 _r Progressive Discipline Steps .................................................................... 60 OralCounseling ................................................................................... 60 Written Reprimand............................................................................... 60 Suspension .......................................................................................... 60 Demotion ............................................................................................. 60 Involuntary Termination....................................................................... 61 Revision Date: May 2018 DRAFT 6 DisciplinaryAction.................................................................................. 61 At the time of suspending, demoting, or terminating an employee, the Department Head or designee shall provide the employee with a written notice of the disciplinary action. ........................................................... 61 Notice of Disciplinary Action .........................................................................61 EmployeeAppeal...........................................................................................61 Employer Response................................................... ..,.........................61 Policy1.7 Workforce Development..........................,,.. .... ....................62 1.7.01 Performance Appraisal ............................ ..................... 62 1.7.02 Training and Development ...................... 62 Glossary .................................................... ......... .............. 63 4yk 4._ r.k� Revision Date: May 2018 DRAFT 7 1 Personnel Policies h� N,3 Revision Date: May 2018 DRAFT 8 Policy 1.0 Introduction 1.0.01 Introduction Cibolo voted to become an independent township on October 9, 1965 but there were many settlers in the Cibolo area long before 1876. The Comanche's and other tribes roamed this area before the first German settlers arrived. In fact, the name Cibolo is an American Indian word meaning "buffalo",..The City of Cibolo was named after the creek that flows through the area_ Today, we are quite different from what we were in the early 1900's. Cibolo:`is home to a diverse group. Whether you have just joined our staff or have been with the Crty,.for a while, we are confident that you will find our organization a dynamic and f&Warding place in which to work, and we look forward�,-`to a productive and ig ccessful association. We consider the employees ofibolo to be one of its valuable resources. 1.0.02 Handbook This handbook has been written to serve as thetg-uide OV he employer/employee relationship. � There are several things fo keep in mind about this handbook. First, it contains only general information and guidelines'. It is not intended to be comprehensive or to address all tl &possible applications of�br exceptions to, the general policies and procedures descrfdl R that reason", if you have any questions concerning eligibility for a particuI' efrt oFthk-applicability of a policy or practice to you, you should", � s your specific questions with your chain of command or with the Hurnari Resoes.Department. The prcedures, practices, policies, and benefits described here may be modified or discontinued from time to time. We will try to inform you of any changes as they occur ` y" Some subjects ascribed in this handbook may be covered in detail in other official document Refer to those documents for specific information because the handbook only briefly summarizes those guidelines and benefits. Note: the terms of the insurance policies/contracts are controlling and may override any statements made in this or other City documents. Revision Date: May 2018 DRAFT 9 1.0.03 Welcome Letter Dear Employee, We are glad you have chosen the City of Cibolo as your place of employment! We extend to you a warm welcome and hope your employment with us will be a long and mutually beneficial one. The City believes it is vital for success to give the residents of Cibolo the most efficient and courteous servic�' ar their tax dollar and you will be part of this common goal. The purpose of the Employee Handbook is to establiski pohc sand procedures to provide the City with a structured and consistent praetice of personnel management. Please take the time to read an �fami°tiarize yourself with this handbook. It contains important information about what is expected from you as a City employee and it describes some of the benefits city employees receive. If you have any questions, please contact your;IeparEment Head or Human Resources. We wish you success and hope you will have a satisfying and rewarding career at the City of Cis% tr.. Sincerely, G4L .* T. Kvtn.., Robert T. Herrera, City Manager �.t Revision Date: May 2018 DRAFT 10 1.0.04 Authority The City of Cibolo (the "City") is a Home Rule Municipality. The City Charter, adopted in September 2004 and since revised, provides that the City will operate under the form of government known as the "Council-Manager Government". Under Charter requirements, the City Manager shall prepare and present the personnel rules to the City Council who then may adopt them by ordinance. 1.0.05 Purpose The purpose of this Employee Handbook is to create a, high degree of understanding, cooperation, efficiency and unity, all o£whiph come through the systematic application of established procedures in,personneh;management and administration; and to provide a uniform policy for all employees. This handbook is designed to provide information regarding workiditions, employee benefits, and policies affecting erxployment. Employees should read, understand, and comply with all provisions ' l,the rrianual. It describes many responsibilities as an employee and outlines the;programs developed by the City to benefit employees. Employees also may read;'any applicable departmental regulations for additional informabidi about the administration of these policies, other City policies, and employmerit rriaers. All such departmental rulgs/policles_ azay be more restrictive, but not less restrictive than these Perstl Policies"and Procedures. No employee mant1 can anticipate every circumstance or question about policy. As the City continuesp gro and,as the 'need may arise, the City reserves the right to revise, sup plerrtt or rescind aty policies or portion of the manual from time to time as rt deems appropriate, in its sole and absolute discretion, subject to the req firemen s of the Garter. Any future changes to this manual shall be communicated to employees thrciugh official notices. The fiin ' dalmental objeoives of the personnel policies and the administrative regulatiorgs are: • To pra'i4"pte an&fficrease efficiency and responsiveness to the public and economy t�the��service of the City; • To establiand promote high morale among City employees by providing a good working environment, uniform personnel policies and opportunity for advancement; • To endeavor to comply with all applicable statutes and regulations, including all confidentiality and security safeguards set forth in the Texas Public Information Act, as amended, and the federal Privacy Act of 1974, as amended; • To communicate freely and to encourage communication from and among all employees; Revision Date: May 2018 DRAFT 11 • To provide a work environment that is conducive to both personal and professional growth; • To safeguard each employee's right to be treated with respect, dignity, equity and fairness; where provided, the right to appeal any violation of these rights; and • To recruit, select, compensate and promote employees on the basis of qualifications and merit, including but not limited to criteria such as ability to work well with others, positive attitude, leadership and similar criteria. 1.0.06 Applicability These rules shall apply to and govern all at-will employees of the, City of Cibolo, except to the extent, if any, inconsistent with State 'rTederal I"%,Words used in the singular shall be construed to include:the plural and words�` sed in the masculine or feminine gender shall be construed to include both g(; ders. �E Revision Date: May 2018 DRAFT 12 Policy 1.1 Employment 1.1.01 Equal Employment Opportunities (EEO) The City of Cibolo provides equal employment opportunities (EEO) to all employees and applicants for employment without regard to race, color, ethnicity, national origin, citizenship, gender, age, religion, political affiliation or beliefs, physical or mental disability, pregnancy status, veteran status, or any non-merit factor (except where such is a bona fide occupaticinalYqualification) in accordance with federal, state, and local laws governing non-discrimination in employment. This policy applies to all terms and conditions of empl+iyment,� neluding, but not limited to, recruitment, hiring, selection, placement, promoti.01, demotion, termination, layoff, rehire, benefits, transfer,_'J1 eaves of absences, coaensation, and training. The City of Cibolo expressly prohibits any form of unlawful employee harassment based on race, color, religion, gender, national origin, age, disability, pregnancy status, or veteran status. Improperin"terference with q ability of City employees to perform their expected job dunes %s absolutelyrto ` tolerated. The City's designated person for issues concerting Equmployment Opportunity is the Human Resources Manager Complaints at$ ms t t e Human Resources Manager shall be made to the Faric *> rector. ;.-',-,,. 1.1.02 Recruitment t The City of Cibolo ac the best fiterest of the citizens of Cibolo and is committedand con istent approach to recruitment and selection. The Cit ` y praxnotes �xal Empoyment Opportunity (EEO) in all aspects of recrL4f h All applications will be forwarded to the hiring manager for review. All applications must identify an open position - applications without a specific opening will not be accepted for review. Exceptions This section does not limit regrading or reclassification of a position. This section does not apply to promotions in the Fire and Poj ce Departments. The promotional process will be defined in each departmerit'si procedures. This section does not apply to recruitment in the Fire.,Department. The recruitment process will be defined in the departments proce`, res. a, 1.1.03 Pre-employment Screening In order to create a safe and secure workplacend to ensure that City employees are qualified to perform the jobs for which the City litres them, the City will conduct pre-employment screening for all employees. Age Requirements All employees are required to meet a mmimurn.age requirement as determined by the position's minimum qualifications I&the position not have any age requirements, a minimuri eitployment age of 18 "should be utilized (employees have to be 18 years 9.1d"as of e date of hire). Background Cheops All conditional emplo y,are regw red,to submit to a background check. Any applicant wlo refuses to'°submit to or who fails a background check (pass/fail is dependex� on"'e c ,Position established risk assessment) is disqualified from emplop-hent with e ,,City of holo. Some positions may require additional backqund processes .. .a;. Mandatory,Drug Screernng All condition employes are required to submit to a mandatory drug screening. Any applicar 'whQ -refuses to submit to or who fails a drug screening is disqualified fromnployment with the City of Cibolo. Pre-Employment Physical Prior to beginning employment, all conditional employees must be scheduled for a pre-employment physical. Pre-employment physicals are conducted through an external agency. A conditional employee who does not successfully complete the pre-employment physical may not continue with in-processing procedures. Office positions will be screened at the discretion of the hiring manager. Revision Date: May 2018 DRAFT 14 Professional License and Educational Checks When a position requires an employee to have a professional license or certification in order to perform the job, Human Resources is available to assist in verifying such license or certification at the request of the hiring department. Other Pre-Screening Checks Any other pre-screening checks, such as typing tests or vehicle record checks will be conducted at the discretion of the hiring manager. Verification of Eligibility to Work in the United States (Ifnrriigration Reform 8v Control Act of 19861 The City requires the verification of eligibility for all empltyees to work in the United States. All new employees must complete an 1-`9 Fod provide proof of employment eligibility. Human Resources will. ensure that all x ew employees complete an I-9 Form and provide proof of employment eligibility a ,required by the I-9 Form. Acceptable forms of proof of employment eligibility are;gi`ovided on the I-9 Form. Failure to Provide Proof of Employment Eligibility`fan employee cannot present proof of eligibility to Human Resource on the empl6yee's first day of employment or within three (3) days of empoymeat, then proof„aof application for the documents must be presented toHuman ources:.within three (3) working days. If an employee submits proof-.-of, applica i.on the grace period will be extended to 90 days At tato end of 90 days, proof 6f eligibility must be presented. If not, failure to provi66 the`c Ocumentation as required under the Immigration Reform & Control Add of 1986;trill result'"fin immediate dismissal. Application Any material misreprese ation of facts or failure to report pertinent data on the application frrrri ill also result in immediate dismissal. Publio:Safety Pub>.clicl �'tmsafety employ; s may be subject to additional pre-employment screenin98 ; 1.1.04 Electric Access and Identification Cards In order to create'`a safe and secure workplace, the City of Cibolo provides photo identification cards (ID Cards) for all employees. These cards are the property of the City of Cibolo and shall be surrendered upon termination. Employees are responsible for immediately notifying their supervisor when they discover their ID card and/or Electronic Access card has been lost or stolen. Revision Date: May 2018 DRAFT 15 1.1.05 Nepotism No person may work in a department where he or she would be related to the Department Head or supervisor within the second degree of affinity (marriage) or within the third degree of consanguinity (blood relation) who will be directly or indirectly under his/her supervision. No person related within the second degree by affinity or within the third degree by consanguinity to the Mayor, any Council Member, or the City Manager shall be employed by or contracted with the City. This shall not:apply to any person employed by the City prior to the person related in the abgve degree filing to run for elective office or being nominated for an appointment: =., Consangauinity An employee's relative in the first degree..includes the employee's mother, father, sons, and daughters. Any employee's relative.within the second degree includes brothers; sisters, grandparents, and grandchildren. An employee's relatIve within§&the third degree includes great-grandparents, great-grardehildreri, an aunt who is a sister of a parent of the employee, an uncle who is a brother of a parent of the employee, a nem€ who is a child of a brother or sister of the employee, or a niece xvg 19 4.child of a brother or sister of the + employee. k gyp+ GREA AUNT GRAND TN SECOND DEGREE AND GRAND FFA E FIRST DEGREE MO HE GF EA ;a UNCLE GRAND FATHE MOTHE OFFICIA BROTHE GRAND AUGHT SDN AUGHTE GREA NIECE GRAND AUGHT SISTER GRAND SON GREA NEPHE GRAND SON Affinity An employee's relatives in the first degree include the employee's husband, wife, father-in-law, mother-in-law, sons-in-law, daughters-in-law, or any step children. An employee's relatives in the second degree include sisters-in-law (brother's spouse or Revision Date: May 2018 DRAFT 16 employee's spouse's sister), brothers-in-law (sister's spouse or employee's spouse's brother), spouse's grandparents, or spouse's grandchildren. SECOND DEGREE #' POUSE GRAND SISTER' ATH FIRST DEGREE SPOUS FATHE MOTHE POUS IN-LAW IN-LAW GRAND OF F I C I A ROTHE AUGHT SFOUS SON- AUGHTE IN-LAW IN-LAW SPOUSE SPOUSE' SPOUSESON OFFICIAL AUGHT POUS BROTHS SP OU GRAND T SPOUSE POUSE SISTE GRAND SON Procedures Conflicts of interests impacting„employees will be addressed per the procedures identified in 1.5.08.Intimate Relationship policy. 1.1.06 Employment Classifications Type Regular - Regular employees are serving in a position budgeted for fifty-two (52) weeks per year. Positions are approved annually with the budget and may be discontinued at any time. Temporary - Temporary employees are serving in a position budgeted for a fixed period of time typically less than fifty-two (52) weeks per year. Temporary employees are not eligible for City benefits (time off, paid holidays, etc.) or participation in City compensation plans (scales, ranking, adjustments, merits, COLAs) unless specifically documented. Seasonal - Seasonal employees are serving in a position budgeted for a fixed period of time. The season typically repeats itself although this does not guarantee that the employee will be brought in for the next season. Seasonal employees are not eligible for City benefits (time off, paid holidays, etc.) or Revision Date: May 2018 DRAFT 17 participation in City compensation plans (scales, ranking, adjustments, merits, COLAs) unless specifically documented. Schedule Full-time - Full-time employees are serving in a position budgeted for eighty (80) hours or more per pay period. Part-time - Part-time employees are serving in a position budgeted for less than forty (40) hours per week. Part-time employees are not eligiAleJor City benefits. TMRS Retirement participation is mandatory for employees'whoare scheduled to work more than 1,000 hours in a year. City insurance eligibility is based on Federal, State, and local laws. Currently, employees who work less than 30 hours a week arefiv "eligible fox ity insurance coverage. <r 1.1.07 Introductory Periods An introductory period is a period of time after the employee is hired during which the employer evaluates the employee's performance. During this period, the employer determines whether the employee1 the skills and other qualifications needed to succeed in ahe popn.. Theimployee uses the period to evaluate whether he or she is ` ggodm for the position and the organization. This introductory, riod is for iyx (6) months-for civilian positions or one (1) year for uniformed peri onnel me tding police.and fire. This period may be extended at the supervisors diareon Supercrisors shall consult and document their s decision toct�nd the irtraductory period with Human Resources. The i ,t 'oducto ry peed occi 'afor new employees and employees in a new posits n. Supervisors should ,complete a performance evaluation on employees at tie ' of the introductory period. 1.1.08 Fitnsti qr Duty Evaluations The City of Cicommitted to providing a safe environment for all employees. In order to provide a safe work environment, employees must be able to perform their job duties in a safe, secure, productive, and effective manner and remain able to do so through the entire time they are working. Employees who are not fit for duty may present a safety hazard to themselves, to other employees, or to the public. Revision Date: May 2018 DRAFT 18 Fit for duty (FFD) is whether an employee is physically and/or mentally capable of safely performing the essential functions of his/her job with or without reasonable accommodation. An evaluation should be performed by an impartial, independent health care professional with appropriate expertise in one or more of the following: medical conditions, psychological conditions, and/or conditions related to the use or abuse of alcohol or other substances. Should the City request a fit for duty evaluation, theity will pay for the evaluation. Should an employee disagree with the ,' aluation results, the employee can pay for a second opinion. Should a dsagretnent continue, the City shall pay for a final and binding evaluatioindependent professional. gg Should an employee wish to return to work after, an absence � "three (3) consecutive working days, three (3) conse U.- shlf�, or after a�physical or mental incapacitation of any time period, ft empfayee is responsible for providing a return to duty doctor's note paid for try:the employee (for example, if an employee is absent one or two days, a note is Nbtzeeded but if an employee is absent three, four, five, or more gays, a note14 eeded). Public safety employees are subject to separate rules; §'6 departme#' al documents for public safety regulations. t 1.1.09 At-Will , iiployer „ All regular empl ees are hir for an indefinite period of time, and either the regular employee or Leet " ertipf � tom`' free to terminate the employment relationship a will, and`'at any time, with or without cause. wo <° Neithe this hand�'�;p nor = other organization document confers any coright; ettri express or implied, to remain in the organization's employNor does it guarantee any fixed terms and conditions of your employment. Your errtloyment is not for any specific time and may be terminated will wth or without cause and without prior notice by the V'S organization,'fir you$may resign for any reason at any time. No supervisor or other represent4—ve of the organization (except the City Council) has the authority to enter into any agreement for employment for any specified period of time or to make any agreement contrary to the above. 1.1.10 In-processing The City of Cibolo wants to ensure that all newly hired individuals are promptly informed about the City's benefit programs and Human Resources' policies and procedures. To avoid any unnecessary delay in signing up for benefits and Revision Date: May 2018 DRAFT 19 providing all required payroll information, the hiring department must ensure that all new employees report to Human Resources on their first day of work. During in-processing, Human Resources will provide the employee with information relating to the City's benefit programs and insurance enrollment forms, as well as payroll information regarding retirement, social security, withholding taxes and other related information. The employee's photograph will be taken at that time to be maintained by Human Resources and used for a City identification card, unless the hiring department pro€uces a separate identification card. 1.1.11 Out-processing Upon separation from employment with thel` City of Cibblo., under any circumstances, the Department Head or their designee shallersure that ' employees turn in all City property and equipmeAt (e.g., keys, ��ar, cellular phone, computer, radio, ID card, etc.) that,' ey he in their custody before receiving their final pay. If applicable, the prop&- _ qnd equipment collected shall be returned to the department from which it w4 issued. The City will take all necessary steps to collect any money owed by the"p. loyee and to obtain the return of City property and equiprr%enf � Upon separating from employment with be Ciy the Department Head or their designee may direct the'., Human�.Resources to conduct an exit survey. Information Qhtainec from thee exit survey is to be used to improve working condition axid retain}employees Exiting employees may decline the exit interview. } Y< :r Revision Date: May 2018 DRAFT 20 Policy 1.2 Compensation 1.2.01 Paydays Pay stubs (direct deposit notifications) for employees are distributed to the departments on or before the scheduled pay date. Paychecks are issued every other Friday unless the payday falls on a bank holiday (in which case the deposit will be processed for the business day before the holiday). Changes to Pay, Withholding Exemptions and Direct De osit Employees are required to immediate) re Y report any �xr'bf%�Qf underpayment or overpayment in their pay to the Finance Department. Anychanges in federal withholding exemptions or direct deposit information should berpade on e-portal or through the Finance Department or Human Reaources. ; i 1.2.02 Time The Fair Labor Standards Act (FLSA) is administered by the Department of Labor to prescribe standards for the bask minimum wage--Al-id overtime pay. The FLSA considers all positions non-exemp 'u ii the positio xempted by an FLSA exemption test. Human Resources or,them esxgnee d 1-rmines the FLSA status following the FLSA standard exemption tests foeach position. FLSA Status Non-exempt Positions - Positiits that do nQt meet the criteria under the FLSA standard exemptzr bests to ke determined an exempt position. These positions are subject to overtimgay ; Exempt Pcasit%an Positions that do meet the criteria under the FLSA standard �- � fir exemp4n tests ed an exempt position. Positions which are dete ned to be a` bona fide Executive, Professional, Administrative, or Corner position as determined by the FLSA exemption tests. These positions are exert# .from overtire pay. Compensate Time. For employees rn-exempt positions, hours in excess of forty (40) hours for that week may be considered compensatory time. This includes all time on an employee's timesheet. Compensatory time must be agreed upon before the work begins and will be accrued in lieu of overtime. The employee's attendance is considered an agreement. Employees must get any time over forty (40) hours pre-approved by the supervisor. Any time not approved will be grounds for disciplinary action. Revision Date: May 2018 DRAFT 21 Employees in non-exempt positions may request to use their compensatory time balances as designated in Policy 1.4 Compensatory - Overtime - This accrual occurs when the non-exempt employee physically works (is present at work) in excess of forty (40) hours in a week (except Fire Department personnel who earn overtime after 106 hours within a 2 week period). Compensatory overtime is accrued at a rate of 11/2. Compensatory - Straight Time - This accrual occurs when the non-exempt 4 employee works in excess of forty (40) hours in a week. Comperisatory time which is accrued at a 1 for 1 rate (straight time). If the empl, ' e has physically work less than forty (40) hours, but has more than fort y,_44-6) ricers documented on the employee's timesheet (may be sick leave, vacation etc.) the employee may be eligible for compensatory straight time Maximum Accrual - The maximum balance accrual of compensaty time for employees in non-exempt positions hours. Employees whose compensatory time balance exceeds 120 hb�s>ViIl 'fie scheduled for leave (depending on operational needs) to use their acczed time off or paid out their balance as determined and autheed by the Deparrtment Head. Department Heads are responsible for monitoriirig aicd managing tl?alance. Department Heads are able to set. lower `1t not higher limits for their departments or by divas ozil ed on operational1kaffing workloads. Transition - Empl . ees who change posiogcj§ from a non-exempt position to an kll'exempt position Babe paidtzt the balance of their accrued compensatory time within two (2) pay peri` so the traxrsan. Exempt employees will not maintain a compensator time balance. Employ es who trazxf r from`'tinenon-exempt position to another non-exempt posi"p in a differea11 budgq 'will be paid out the balance of their accrued cornpe�tory time, frcixi' the budget they are transferring from, within two (2) pay perias of the transition to minimize the financial burden to the new budget. Separationloaees in non-exempt positions who retire, resign, or otherwise separate em J4 tare eligible to be paid for their entire balance of accrued but unused compensatory time. Payment will be made to the employee within two (2) pay periods of their final check. Overtime Hours Overtime hours are calculated according to the position's exemption status. For employees in non-exempt positions, time may be calculated as follows if the employee is assigned to a forty (40) hour work week: Revision Date: May 2018 DRAFT 22 • The overtime rate is one and a half (11/2) times the employee's regular rate of pay. This is earned for each period of time actually worked in excess of forty (40) hours in a work week. o Example: An employee in a non-exempt position actually works forty-two (42) hours in a regular, forty (40) hour work week. The two (2) additional hours will be paid at 11/2 the regular rate of pay or banked as comp time at 1-1/2 times the number of hours over 40. Therefore, an employee who has a regular rate of pay of $10.00/hour would earn either: $430.00 = ($1Q x 40 hrs) + ($15x2 hrs) or if comp time is chosen, the pay would be `:�-400 for regular hours and 3 hours of comp time would be ked. • Any overtime hours worked in a work week that ao6` of exceed forty (40) hours actually worked will be calculated on ah hour 147hour basis and may be paid as straight time (regular 4ate of pay) or- is accrued as compensatory time - straight. 4 o Example: An employee in a non exempt position works ar:[additional hour on Monday for a total of niri _9) hours that day. The employee works eight (8) hours on Tuesday,*pdhes&Ly, and Thursday for a total of thirty-three (33) hours Morlay through Thursday. The employee utilizes eigl&,O available vaca ton hours on Friday. The W� overtime worked on Mond$ zs paid as one hour straight time. It does not qualify as overtime s1 actual fours worked in the week was less than forty (40) hoore, an employee who has a regular ratFo p ;of$10 dQ Jhour would earn: ($10 x 33 hrs) + ($10 x 8 hrs vacation)' ;$410 06" , • Overtimehours may be calculated differently for uniformed employees. o Fire n 'ep rtmer t}employees .do not received overtime until the employee bats acah worked more than 106 hours in a pay period. o 'T� ce Depa�ent employees who actually work more than 80 hours =fin as p period w Com�iensable Time fork Time] All ull.� e, regular, roan-uniformed employees are required to work forty (40) hours a' , regardless of their FLSA status, except in cases of emergency as determined'Ithe Department Head or their designee. Work weekOml The City work week is normally seven (7) consecutive days beginning at 12:00 a.m. on Saturday and ending at 11:59 p.m. on Friday. The normal schedule for regular, full-time employees consists of eight-hour shifts from 8:00 a.m. to 5:00 p.m. on Monday through Friday. Any exceptions to this policy must be approved by the Department Head and must remain in accordance with the Fair Labor Standards Act. Revision Date: May 2018 DRAFT 23 Lunch and Breaks The City authorizes full-time employees to schedule a one (1) hour unpaid lunch based on operational need of the department. Public safety employees may not receive a bona fide lunch break and will remain in a paid status throughout their shift. Supervisors may allow full-time employees up to two paid fifteen (15) minute breaks a day. These breaks may be scheduled at the discretion of the supervisor based on operational need. Lunch and breaks for part-time employees are determt# d by the Department Head. Your lunch and/or break schedule may be detemnmed by your supervisor. Training Time When a Department Head or their designee requires or permits az`°°employee to attend training during the employee's regular work hours, the time is compensable time. If the training is aut4de of regular work"hours, but mandatory and related to the employee's job, Eben rthe tme is compensable time. If the training is outside of regular working hodrs voluntary, and not directly related to the employee's job, thence time is not candered compensable time. Travel Time • Travel from Home to Work e's commute to and from the City destination ( rJite) is ngfi'�considered compensable under travel time. o For e �ple, the irnployee dravps from their house to City Hall for train�g during w, hours �e employee is not considered at-work and is noaaid fog � ` r�ue1 time. Out o ,City travel " 'he employee's commute to and from the out-of-City « r destn�on- compegs,. ble under travel time. Out-of-City for this section �ury �s definedxlocatid'0 miles or greater, as the crow flies, from Cibolo City Hall or tl employee's home, whichever is closer to the final *stination. ,Single day,firavel time for an out-of-City trip for a single day is ansidere :-`rhours worked (except for meal periods, if applicable). For example, an employee travels to Floresville for business. 'he employee is considered "at-work" and is paid for the travel time. o Overnight Travel: For travel time which involves an overnight stay, employees will only be compensated for their scheduled work hours, and not for overnight hours (employees will not be paid 24-hrs for sleeping, eating, etc.). ■ For example, an employee regularly works from 8:00 a.m. to 5:00 p.m. from Monday through Friday. The employee travels on business to a location that requires two (2) hours of travel Revision Date: May 2018 DRAFT 24 time. The employee leaves Friday at 8:00 a.m., works the remainder of Friday and Saturday morning, and returns on Saturday at 2:00 p.m. The two (2) hours of travel time on Friday and the two (2) hours of travel time on Saturday are compensable time if the employee is not on public transportation. Therefore, the employee would mark 8 hours of work on Friday (8-5 minus lunch hour) and 5 hours on Saturday (8-2 minus lunch hour). ■ Another example, an employee regularly w6rks from 8:00 a.m. to 5:00 pm from Monday through Friday °The employee drives out-of-City for a work-mandated coli 6rence. The employee % drives on Sunday from 2:00 p.m., awes at the hotel at 5:00 p.m. The employee does not atend tleconference until Monday at 8:00 a.m. sign The employe attends the conference from 8-5 (except,, turning to the ho for_;a lunch hour) on Monday and Tuesday. On Wednesday, th `employee attends the conferenceam 8:00a.m. until x11:00 a.m. .. checks out of the hotel, eats' �c , andAhen drives from 12:00 p.m. until 3:00 p.m. on Wednesday. The employee does not work for the resp of,Wednesdaybit returns to the office for ze their regular worsdule from 8 t''Thursday and Friday. The employee would'hpens�fed for 3 (Sunday) + 8 (Monday) + 8 (Tuesdnesday) + 8 (Thursday) + 8 (Friday 41 hours H ■ Another ea�ple, an,, loyee regularly works from 8:00 a.m. 0 5:00 pm from Mon4oy through Friday. The employee flies out of-sta_tAr work-ma dated training. The employee leaves therauC"Voinday at 8:00 a.m. and heads directly to the San Aly Aanio Airport. The employee checks-in, goes through ecurity, d waits to board for their 11:00 a.m. flight. The Am o , might take'se;3 hours. The employee gets their luggage, gets on a shjdLttle, and arrives at the hotel at 3:30 p.m. and does not hav �sany additional business until 8:00 a.m. on Monday morning. The employee is considered at-work from 8:00 a.m. to 3; 0 p.m. on Sunday and can mark 7.5 hours on their tunesheet for Sunday. On-Call Any time spent responding to calls while on-call is hours worked. Hours spent by employees "engaged to wait" is considered compensable time. "Engaged to wait" means that the employee is required to stay on City premises or in close proximity so that the employee is not free to pursue their own interests. Firefighters on shift are an example of an employee who is "engaged to wait". Revision Date: May 2018 DRAFT 25 The hours spent by employees who are "waiting to be engaged" are not compensable time. "Waiting to be engaged" means that the employee is on-call and may use time for their own purposes, but remains accessible by phone or radio. However, the budget may authorize payment of an on-call status (lump sum, not by hour). Non-exempt employees on on-call status who are contacted to report to work must respond within a reasonable amount of time of start time (as defined by the Department Head or their designee) provided in the supo visor's instructions and must report ready to work. Supervisors will advise n6h-ekempt employees of the start and end-time of the on-call status. On-Call Pay When approved by the budget, the City will proveon t call pay to employees who qualify. No non-exempt employees should be sc AtTUled for ;fin call statif's�when the department/division has adequate shift coverage This section does not apply to sit Ations during the xiormally scheduled work time (i.e. Monday through Friday)"W'h a. non-exemJWemployee is informed of a pre-determined, specific reporting time firor to the end of the preceding work day. a This section does not supersede a su 'ervisor's' authority to summon a non- exempt employee for-work duty in the ev'eht,of an emergency or on an as needed basis. 311.2.03 Persia Descr`it ions Each position shall have a};,- , ten job description maintained by Human e Resqurees. Each job dscriptio, should consist of the following: • Primary duties ofhe position. • Respabilities of the position which will affect the qualifications required to perfori�t xtle work. • FLS A Classcation. • Operations]Classification. Department Heads are required to maintain and review all job descriptions periodically to help ensure that the proper classification of positions is maintained. If the duties of the position or the mission of the department change, job descriptions should be changed to reflect current operations. All proposed changes must be reviewed and approved by Human Resources. Revision Date: May 2018 DRAFT 26 1.2.04 Position FLSA Classifications Each position shall have a classification determining the position's FLSA classification. FLSA Exempt An individual is exempt from the overtime provisions of the Fair Labor Standards Act (FLSA) when they are classified as an executive, professional, administrative, or outside sales employee, and meet the specific criteria for exemption. Certain computer employees may also be exempt. See official FLSA codes for detailed definitions. FLSA Non-Exempt An individual who is not exempt from the overt4xne provisions of the Fair Labor Standards Act and is therefore covered by thq�provisions of the FLS1 is classified as FLSA Non-Exempt. Such an individual is,therefore entitled to receive overtime for all hours actually worked beyond their assigned'work week, 40 hours in a work week or 80 or 106 hours in a pay period as we7 .,as any state overtime provisions). Non-exempt employees may be paid cin a salaried or hourly basis. See official FLSA codes for detailec `definitions. 1.2.05 Pay Classification Changes Reclassification/Regrad oaf osition Periodically positions will be eviewed'Eby Human Resources to confirm the position is properlclassified o6'the pay scales. Should a position be reclassified, incumbents will noteceive,a change in =pay unless they are making less than ISO ;; I the new grade's minird pa A th t time, the incumbent's salary may be adjusted D,�ent 14 i .'s may request classification reviews from Human Resources-at any e. Pro rnation of Individuafa Apromotton is defined cgs the movement of an employee from one classification to anothef.�ckassification with a higher pay grade. The employee's new salary will be determm, in the Baine fashion as a new hire. Promotions are not subject to the new hinrig` aeess of posting vacancies. All candidates who meet the minimum qualifi.-tions may be eligible for promotion. Qualifications for a position may not be modified after the promotion process has begun unless an inappropriate standard has been used through error or a revised standard of the job description requirements has been approved by the appropriate authority. Temporary Promotion of Individual With Human Resources and Finance concurrence, a Department Head may offer a temporary promotion to an employee working outside of their pay grade. Temporary promotions are generally the most appropriate means of meeting a Revision Date: May 2018 DRAFT 27 situation requiring the temporary services of an employee in a higher-grade position and typically used when a position is in a long-term vacancy status such as unpaid leave of absence, extended military leave, FMLA leave, and/or during a vacancy. Temporary promotions are not appropriate however, for training or evaluating an employee in a higher-grade position. The temporary promotion is voluntary and documentation should be maintained in their personnel file. Documentation should include information noting that the promotion is a temporary promotion, the reasons that make it temporary, and that the employee will be returned to their regular position and pay once the — od has expired. Demotion of Individuals A demotion is defined as the movement of an employee from one pay grade to a lower pay grade. A demotion may be voluntary, involuntary, <o ;as the result of disciplinary action. Salary may be adjusted in a:rnanrier consistent with a new hire. Demotions are not subject to the new hiring process of posh ycancies. Department Heads shall be responsible for;documenting the demotion for the employee's personnel file. Transfer of Individual A transfer is defined as the latera _ avement of an loyee from one job title at the same pay grade of the new jfifi Employees may request a transfer if they.,have leen in their current position for at least six (6) months not guarantee°:khat (1) a position is available for transfer, (2) the eTWoyeef i" candidate for the new position, (3) the transfer will be granted, or o) that the nployee does not have to follow standard hiring procedures. Trahsfer ,to bated positio s must be approved by the new Department Head. T employe selected for the vacancy must meet the minimum WWcations"a .the position. Salary may be adjusted in a manner "W ,rr consistent W". a{ itew hire Budgetary transfers require City Manager's approval. "*�a5 <n 1.2.06, Pay The City of�ibolo has established Longevity Pay to recognize employees for their continued sA', with4he City. Longevity Pay is awarded annually to all regular, full-time employeel_V, the amount of $120 per year (minus appropriate payroll taxes and standard deductions), for each full year of continuous employment as of September 36{ up to a maximum of 25 years. Payments will be issued between the first and second pay period of November. Temporary employment with the City will not be credited toward service time. Qualifying employees, who terminate their employment with the City between September 30 and the payout date, will have their Longevity Pay issued on their final paycheck. Revision Date: May 2018 DRAFT 28 Employees who voluntarily terminate their employment with the City but return at a later date, forfeit all longevity time previously credited and will commence as a new employee. x. x �ay. Revision Date: May 2018 DRAFT 29 Policy 1.3 Benefits 1.3.01 Benefit Programs The City offers group insurance programs on a voluntary basis to eligible employees and their dependents. While it is expected that benefits will continue, benefits are an annual expenditure, which is subject to approval each budget year by City Council, and the City reserves the right to change the insurance programs or discontinue them at any time. The effective date for group insurance coverage for newfy hired, rehired, and newly eligible regular employees, will be the first day of tze calendar month following thirty (30) days of full-time employment, .=provided e enrollment materials have been properly completed and snhiritted to HumaResources in a timely manner. The effective date for dependents is: • the date the employee is eligible for coverage, if he 4or she has dependents who are eligible for coverage.,;on that date, • the date the employee's mge for any dependents acquired on that date, • the date of birth of the employee's nattu ' born child, • the date a child._,, placed fof, Cdoption .tinder the employee's legal guardianship, " • the date whip h the ems 6yee incurs legal obligation for total or partial support in tteationxaf adoptionx or`` • the date a cove ckiild is determined to be eligible as an alternate recipienft der the`terins of a medical child support order. The cover, eR wile g emam farce until the next open enrollment period. Emp4ees may not change their coverage before that time unless their family situat'>�changes by qualifying event including marriage, divorce, death of a spouse ar child, birth, adoption, or change in dependent status of a child, or a change in spousal em�oyment. Consequently, employees may not add or delete dependents ai ch g&insurance coverage except during open enrollment or as outlined above" ,m Benefits Continuation The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) provides for continuation of medical, vision, and dental coverage for covered participants should a qualifying employee or dependent's covered under the plan become ineligible for coverage as a result of the employee's termination (voluntary, involuntary, and/or retirement) or death, a divorce or legal separation of employee and spouse, or the employee's dependent child ceases to be a dependent child under the applicable requirements of the plan. Revision Date: May 2018 DRAFT 30 Additional Benefits Employees may enroll in supplemental plans such as Cancer, Short and Long Term Disability, and additional Life insurance. These plans are voluntary and the City only provides payroll deduction and no premium contributions for these plans. Life Insurance The City of Cibolo offers life insurance to regular, full-time employees at one (1) times the employee's salary up to the contracted amount. lRS'regulation requires the City to include the cost of life insurance coverage a,6 $50,000 as taxable income to the employee. Employees can purchase add itioi4,insurance policies through the City. In addition to the City offered life insurance, employees who aenrolled as Cibolo members of the TMRS retirement system will also receive a li�insurance benefit. The TMRS benefit is one-time tf emplo �e's annual salary if the employee dies while an active employee. Fraud or Misrepresentation Employees and dependents who camrn*fraud or mi sepresentation with regard to the use of group insurance plus 66Wd1Qse coverage as outlined in the respective benefit plan documents. IradcforY, ewGty will report all suspected cases of fraud to the app p ? Q �.te law enforcement authorities to seek appropriate actions. Dependent vez=ificatiatmay happen at any time. ;x 1 N 1.3.02 Retirement w, Texas Muni cal Retirerrrdzrt4Services (TMRS) Effective pon eloyment, ch employee in a regular position is required to becomes member''`iaf >TMRS,`` ch provides a defined benefit retirement plan estabshed by Texas Sate Statue and is governed by the City of Cibolo. Your tax deferr&e ` e'pntribution i ,?% of your gross salary. Additionall e City,6 Cibolo contributes to TMRS on a monthly basis funds to match, at thetimeof retirement your contributions plus interest earned at a rate of 2-to-1 nlch towards your monthly retirement benefit. Retirement eligibility is easrlyrestablished by one of two ways: Age 60 with at least 5 years of service, or • 20 years of service at any age. Employer contributions can only be accessed at retirement and a monthly annuity has been selected. Upon separation of employment or retirement, the employee has full access to their contributions plus interest earned for Revision Date: May 2018 DRAFT 31 withdrawal, transfer to another deferred plan, or if eligible, a monthly annuity. Some penalties and tax deferments may apply. For additional information, please refer to your TMRS representative or visit their website at www.tmrs.or 1.3.03 Family Medical Leave Act The Family and Medical Leave Act of 1993 (FMLA) requires the,City of Cibolo to provide up to twelve (12) weeks of unpaid,job-protected lease during a 12-month period, to eligible employees for certain family and med!"' reasons. The City requires employees to use all available paid leave 'while on FMLA. For the purposes of this policy, the City will calculate based an a backards rolling 12- month calendar starting on the first day of leave v'_I Employees should contact HR, as necessary for information regardgFMLA or to request FMLA leave in accordance with-11hpolicy ,. Eligibility • All employees who have worked for the City far at least twelve (12) months l and for at least 1,250 hour r d"Unn� the year p ceding the start of the FMLA leave are eligible for up;,' 12 weeks of FMLA medical leave or up to 26-weeks of FMLA exigency lege;during a=twelve (12) month period, as defined by these 4atde ,nes. • Leave may be used for tie following reasons: o Birth . f a son or daughter d€ the employee and/or to care for the newi�orn child o When an Qyeaegts.a`child or receives a child into their home faster ca and for a time as necessary for the employee to care f"o awborn cd or make necessary adjustments for the adopted or fostechild. .F. o To care fc rthe employee's legal spouse, son, daughter, or parent with a series health condition. 6i Because o -�a serious health condition that makes the employee ' ble trform the functions of his/her job. oFarretan qualifying needs to support a family member who is on acti�111, uty or who has been called to active duty in the military. o Up` o 26-weeks of leave for an eligible employee who is a spouse, child, parent, or next of kin of a covered service member with a serious injury or illness who is a covered service member and who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on temporary disability retired list for a serious injury or illness that was incurred in the line of duty on active duty. Revision Date: May 2018 DRAFT 32 Insurance The City will continue to provide the employer portion of insurance benefit premiums while the employee is on approved FMLA but this will stop if the employee does not return when FMLA is exhausted. If the employee is on unpaid FMLA and there are employee premiums due for benefits, the Finance Department will work with the employee to make arrangements for payment. Payment should be made a month in advance unless other arrangements have been pre-authorized by the Finance Director. Checks can be issued to the "City of Cibolo" and mailed to City of Cibolo, ATTN: Finance Department, PO Box 826, Cibolo, TX 78108. £r If the employee does not return to work from FMLA 1eavt within one (1) pay period and/or the employee does not stay employedfor (30) days after returning from FMLA, the City may require 1"eirribursemen of insurance premiums paid for employee coverage while the' was on t6�&e However, if an employee is unable to return to work due to a serious health'`e 'dition or circumstances beyond the employee's confrol, rersement °'will not be required. z:r 1.3.04 Worker's Compensation The City of Cibolo provides worker's c©mpep, (WC)benefit coverage through the Texas Municipal League Intergovernmental Rs2 Pool for accidents, illnesses, or injuries employees in thea course and scope of employment in accordance with Teork:6 Compe'nsation laws. Pa ment Under V�or_'s Co '`ensation Employees covered urs � �e�' C4mpensation will begin receiving payment 57 from the Cit -'s,jnsuranc € ganization'after the employee has been out of work for seven caar days cqe to illness or injury sustained in the course and scope,, ployme aymeregin on the 8th day. Al k e. For thest seven (7) as of missed work due to a worker's compensation on- the job nn , the emp o"yee must use the employee's sick leave, vacation leave, compensatdryand discretionary time to receive a paycheck. If the leave continues for regfhan fourteen (14) days, insurance may reimburse for the first seven (7) daShould this happen, the employee is authorized to "buy back" up to 70% of th61eave that was used during the first seven (7) days. See payroll procedures for additional details. For leave lasting eight (8) days or more, the City's worker's compensation insurance company, TMLIRP, will send the employee a check to their address on file. This check will be for 70% of their regular compensation. The City will use any available leave (up to 30% of their regular time) to issue a check through the employee's regular payroll process. Revision Date: May 2018 DRAFT 33 After leave time is exhausted, the Department Head or their designee should place the employee on leave without pay status and the injured employee should receive weekly compensation benefits in accordance with Worker's Compensation Laws. In no event may an employee receive more than 100% of their base pay. Employees are forbidden from working outside employment while receiving Worker's Compensation 1.3.05 Modified Duty The City of Cibolo offers eligible employees, where practic ah , the opportunity to work under a Modified Duty Programafter an.. lness or�' tury, thereby promoting a more speedy recovery and enabling`employees to mainn pay with minimal interruptions. ; . Each Department Head has the discretionhTTT-e her" offer modified duty assignments. Modified duty assignments are nottomatic nor are they a right of employment. Participation is based on available positions within the department, the regular job duties `o"�'Ihe employee :and the limitations or restrictions imposed by the treating physic The denial or discontinuahee pf a modified duty assignment does not in any way interfere with the ability o P'O. khe de proceed with the normal .rtment to termination process rf an empla ee has exhausted all leave benefits and is unable to return to work:""# kt Eligible EmDloyees Q Eligible eA AE"ee r mods ed duty are those employees who have sustained an on-thq7, or off-thinjury which impact's the employee's ability to perform their regular job duties. First priority by the Department Head or their designeshould be gives to employees injured on-the-job. �ce3 Employees eligible,, r modified duty if that employee has been released to modified or light d by their attending physician. Employees are required to provide a medicertification (a signed and detailed list of restrictions) from their physician uman Resources. Modified duty assignments are for a limited period of six (6) weeks. Employees may be required to have a re-evaluation every three (3) weeks after initial participation in the program and submit a medical certification to Human Resources. An employee who requests to work a modified duty assignment must certify to the department that no outside employment which is contrary to the medical certification is being worked during the period of modified duty. Revision Date: May 2018 DRAFT 34 Extension of Modified Duty Period Extension of a modified duty assignment may only be granted by the Department Head or their designee when there is a continuing business need. An employee may request an extension of the modified duty assignment by timely submitting a request to Human Resources along with medical certification from their treating physician which supports the continued medical need for a modified duty assignment. Benefits While on Modified Duty Employees in a modified duty assignment shall receivexte�,r regular rate of pay and accrue longevity, sick leave, and vacation time :according to City policies. Employees in a modified duty assignment are still eligible tdx npete for other City employment opportunities for which they' are qualifid through the competitive process with proper notice to thei =>Department Headciesgnee. F4 Completion of Modified Duty Modified Duty under this program will end When onedf the following actions occur: • The employee receives a medeal release to resume the essential functions of their regularly assigned positign without resfriclons. Y�Ys • Completion of six (6) weeks modified duty assignment. • Withdrawal of authorization i6x the rrioc�ied duty assignment by the Department Head©rqr designee shall be"based on bona fide business necessity or the' mplo"`6 s failurejo comply with the requirements of the program. 1.3.06 Era ee AsAistancePr`ogram (EAP) The City,, 1 � was ester shed the Employee Assistance Program (EAP) to providW ee, confi& al, an' essional counseling assistance to all regular emp.$a es and their dependents. Mandated`'Assistance Employeesy be d 'ected by Human Resources to attend counseling as a f requirement o eoyment. Session details are confidential and will not be released to the Toyer. Mandated counseling is not the same as a fitness for duty (FFD) examination. See Policy 1.1.08 for additional information on FFD exams. For more information, contact Human Resources. Revision Date: May 2018 DRAFT 35 1.3.07 Flexible Spending Accounts (FSAs) The City offers pre-tax benefit programs to help employees save for certain out- of-pocket costs while increasing spendable income. The Health Care Flexible Spending Account and the Dependent Care Flexible Spending Account allow employees to contribute for eligible expenses up to the amount of the elected annual contribution. All regular, full-time employees are eligible to participate. Participation in FSAs does not automatically continue from one year to the next P�!qpation must be renewed every year in order to continue enrollment. A previous'year's election does not automatically carry forward. =rr Employees choose the amount of annual contribution which' deducted from their paychecks and seek reimbursement from the account forecble expenses. f, Health Care FSA In order to participate, employees must enroll during the annual Open Enrollment period. No exceptions will be made {unless the employee has a qualified status change (see policy 1.3.01 for quevents). The Health Care FSA allows the employee to be reimttred for eligible expenses up to the amount elected for annual contribution If e eoyee seligible expense for health care received during the year thd, .� s greater than the year-to-date contributions at that time, they will be reutbursed.for the entire amount, as long as total expense subm;ode not reafer than th.e annual elected contribution g amount. Deductions*-'om the��xnploye6,a paycheck will continue to be made for the remainder of calendar`dear. Dependent Care FSA ' ' ' In order taparticipate;z employees "must enroll during the annual Open Enrollm�xperou. ` No exctions will be made unless the employee has a qualifr` status ge. jj4 :-"the Dependent Care FSA, employees are reirx �sed for montheligible'daycare expenses up to the monthly contribution arr our IV. Deductio n are taken from the employee's paycheck in the amount elected d g Open Erxollment. Revision Date: May 2018 DRAFT 36 Policy 1.4 Leave Benefits 1.4.01 Administering Leave The City provides leave for all of its regular employees as outlined in these Employee Leave Benefits Policies. It is the responsibility of the Department Head and their designee to administer leave benefits in accordance with these policies. Authority to approve leave requests is accompanied by the responsibility for verifying that leave granted is available, consistent with pohcand justifiable. Leave Requests Each Department Head may establish reasonable ruts for eployees to request and schedule leave. Should a Department Head not est1ablish mates, the employee will be required to provide five (5) working day,,e6f'n©dice for any ave of three (3) or more consecutive days (excluding exergency leave). Thdpartment should respond (approve, den tentativet P ( pp y, approve}to each req u st for leave within a reasonable time not to exceed seven 7 busikess days. Leave shall be requested and charged in a minimum of ane ,'quarfer (15 minutes) hour increments. Each Department Head or their destee should'4ccurately record leave requests, authorizations, and desigriatiorsve balances may be requested from Payroll so that err�p zees and st pervis& can affirmatively verify the All accuracy of the curren �'e�9V� J formatrcXn and tale appropriate action to update the system. " ; 1.4.02 Administrat Leave` Employees�� granted administrative leave with pay at the discretion and approv >of thea' partmt Head. The Department Head may place an emp �ee on adminis tive leve in situations where it is in the best interest of thei Some of the r sons'for administrative leave may include the following: • Ex ations ring to the employee's job; • Registron tc emote; • Voting; • Participation in City encouraged activities; • An official funeral; • Emergency situations which require the department to immediately remove an employee from a work location and before any adverse action has been initiated (this includes situations where there is an immediate threat to City property or the well-being of the employee, a co-worker, or the public); Revision Date: May 2018 DRAFT 37 • During investigations into potential employee wrongdoing when it is in the best interest of the City to have the employee off the job; • Suspending normal operations of the City or a department because of events beyond the control of the City; • Closure of a department for managerial reasons; • On-duty incidents as defined in departmental policies. Termination Administrative leave may not be used as severance pay in" yes of employee termination. Emergency Situations ` There may be occasions for employees to be grated leave f6reasons directly resulting from severe weather conditions, emerg�eici "''involvin` Cty buildings, 41: orother unexpected reasons. In cases where notification has bissued Citywide for employees to arrive at a specified later time or not to rei` t to work, administrative leave will be used to designa; ( such3'a •,sences. In cases where notification has not been issued and employee miss work, the employee will have their salary adjusted for the lost time if no':paid time is available. - See Inclement Weather . g 1.4.03 Bereavement Leave The City of Cibolo prove" eialoyees nth bereavement leave or funeral leave to be granted in the occurrence:# f the de4th of an employee's immediate family member. A non-u , � rmed e r oyee (sme ,Department procedures for uniformed personnel) may tie gted pavement Leave for a period not to exceed three (3) days or twenty-foul�W Ii"ot s e e''does not have to be taken all at once) unless the J-4al is ouf`c state. If the funeral is out of state, the employee will be grant addenal tw2) days. r An ee who isan unpaid status is not eligible for Bereavement Leave ,' and wif� emain in an upaid status. An employe o is on Vacation Leave may be granted Bereavement Leave if a death occurs A`he employee's scheduled vacation. �x The Department' Head or their designee may grant additional time off to employees if other appropriate leave time is available. At the discretion of the Department Head or their designee, an employee may be required to provide proof of death and/or family relationship. Part-time and temporary employees may be granted a leave of absence without pay. Revision Date: May 2018 DRAFT 38 Immediate Family Immediate family includes the employee's spouse/significant other, children, stepchildren, foster children legally placed by a State agency, an adult who raised the employee in absence or death of the employee's parents, father, stepfather, mother, stepmother, brother, stepbrother, sister, stepsister, grandparent, grandchild, parents of the employee's spouse, spouses of the employee's children, siblings of the employee's spouse, and grandparents of the employee's spouse. 1.4.04 Jury and Witness Duty Departments shall p grant an employee's request ,ford leave ��r��ury duty and witness duty under the following circumstances. • The employee is appointed to serveQn a grand,jury or requiredLL by court order to appear as a prospective luirarAn a ;ederal, state, county, or municipal court on a day and during t11e;Yhours that the employee is normally scheduled to work;#or • The employee is required subpoena or ,cc- rt _order to appear as a ¢.. k. prospective witness in a federal,''sibbite., county, oWnicipal court on a day and during the hours the em p ©yee 19Uprmally scheduled to work. .. Employees shall suba Cawpy of thef employee's summons to appear as a potential juror or a c p of ffe employee's subpoena to appear as a potential witness. An emple�,,'ee serving cr Jury or`Witness Duty will only be compensated for up to eight (8 aur per day Return to Werk An emplake rcld d early f�'om jury duty or witness duty must return to work for th�� emainder a# tie day.`,`?rhe time the employee spends driving from the co use or other lotion directly to their worksite is compensated as Jury or Witness uty. Any emo yee who does not return to work as required shall have their leave ccounts ox~.pay adjusted for the amount of time absent from work. .0> Employees ""iho are r leased with less than four (4) hours remaining in their work shift, t= m aact their supervisor and request to use paid leave for the rest of their shiff' Witness Regarding Official Acts Employees of the City who provide testimony in connection with the performance of an official act shall count the time spent as Hours Actually Worked and may not receive any form of compensation from outside sources for those services. Revision Date: May 2018 DRAFT 39 Any funds received from outside sources for five (5) or more days of service shall be turned in to Finance for appropriate deposit with the City. Refusal to do so may result in adverse disciplinary action. 1.4.05 Military Leave The City of Cibolo is committed to providing Military Leave in accordance with Texas Government Code §437.202. Reservists Every employee who is an actively participating resof the U.S. Armed Forces, member of the National Guard, members of the Stilitary Forces or members of any of the Reserves Components of the Armed 1{ ces is entitled to a leave of absence from duties, without loss of pOH;'taEme, or efficcy rating for not more than fifteen (15) working days in an i. cal year, for actio duty service or for training. Military leave will be chargeddnly to'regular work da� ` Non-work days, during a period of military leave, do ncx count against the tofal allowable military leave. Extended Active Duty Military Leave Employees who are placed on exte .ded.,4etive duty w� ie U.S. Armed Forces ` . or the National Guard shall be placed, a li a e witho fpay status in a manner consistent with USERRA The Department Teat _or designee can apply the employee's vacation or a pensatory tide for payduring this time at the request of the employee. Employees shall`press t actiVe duty orders with any request for such leave. " Extended Active Duty .,_ ahl represent continuous service so long as the milservice 'S rms to provisions as specified by the Veterans' Reemplooent`A . Ret, ent Errplo �swho leave their deposits with the retirement system while on military leave SIA etain their`-;membership in the retirement system. The rules and regulations jhA the real ement system and federal law shall be applicable and control. � Return to Employment An employee who has Veterans' reemployment rights shall be returned to the former position held or a comparable position at a comparable rate of pay, contingent upon the availability of funds, unless circumstances make it impossible or unreasonable to do so. A department so affected will be able to hire temporary employees or move a current employee into the positions for a temporary time period to fill those positions during the absences. Revision Date: May 2018 DRAFT 40 1.4.06 Sick Leave The City of Cibolo provides employees with sick leave to be granted when they are unable to perform their duties for health-related reasons, for preventative treatments such as a dental cleaning, or it may be used for a medical or dental appointment. Sick leave may be granted for health related reasons of an employee or for the care of an employee's family members who are on the first or second degree of consanguinity or the first degree of affinity. Consanzl�y An employee's relative in the first degree incl e employee's mother, father, sons, and daughters. An em pk ee's ative within the second degree includes brothers, sist rs ran parents, and grandchildren. An employee's relative the thirddegree includes great-grandparents, great grandchildren, an aunt who is a sister of a parent of the employee : .,,uncle who is a brothel of a parent of the employee, a nephew who g chila brother or sister of the employee, or a niece who is a chil T®f,a brot er or sister of the employee. GPEA AUNT GflANO SECOND DEGREE psi GRAND GMND FATE FIRST DEGREE Aw", GFiEA AT v,.. FATHE fAOt HE y, EMPLOYEE l "N GHAND '`� BROTHE � 'AUGHT ¥"-a•2, _ SON Ai1GHTE EA ° �4— CE AUGHT .p, SISTER PAW SON s: GRAND 5% SON N,k Affini An emplo ;ss relatives in the first degree include the employee's husband,..:.> wife, father-in-law, mother-in-law, sons-in-law, daughters-in-law, or any step children. An employee's relatives in the second degree include sisters-in-law (brother's spouse or employee's spouse's sister), brothers-in-law (sister's spouse or employee's spouse's brother), spouse's grandparents, or spouse's grandchildren. Revision Date: May 2018 DRAFT 41 GOND DEGREE' rj POUSE SISTER' GRND A H FIRST DEGREE SPO�S FATHE MOTHE POLIS LA IN-LAW GRAND EMPLOYEE ROg,OUS SON- AUGHT IN-LAW iN-LAW SPOUSEg SPOUSE SPOUSE SON LIGHT GRAS BROTHE RAND OTH SPOUSE POUSE SISTE GRAND SRN Sick Leave for Employee Eligible employees may be granted sick leave 'When they are unable to perform their regular duties because of (1) illness, injury, pregnancy, childbirth, or related medical conditions, or (2'� en absent for the purpose of obtaining health-related services not availali V. de of regular ;working hours such as medical or dental appointments. De ,artm may request employees to apply in advance for sick leave for prem ange is appointments, whenever possible. Sick Leave for Emee's Immediate Family An eligible empla may be anted sick leave when a member of the employee's immediate family is Art �RA e ealth-related reasons, such as a medical or dental appointment, and,the employee"s presence is required. Earning Rates Allregular, full-time employees (except fire department uniformed employees who e 5 11.17 hours per pay period) accrue sick leave on a biweekly basis at the rate of 3. 0- hours per pay period or twelve (12) days per year. Sick leave is earned from the first full pay period of employment. There is no qualifying period for the earning of sick leave and it may be used as it is accrued. Maximum Accrual The maximum accrual of sick leave is 960 hours. New accruals will be lost until the employee's balance is below 960 hours. Payment at Separation Upon separation from employment with the City, an employee who has (a) completed at least ten (10) consecutive years of employment (before their last day of work) AND (b) who is retiring with Cibolo, is eligible to be paid for one- Revision Date: May 2018 DRAFT 42 quarter of their available sick leave hours. The maximum amount that will be paid is 240 hours. • For example, if an employee has a balance of 960 sick leave hours when the employee retires after ten (10) years of service, the employee would be paid out 240 of those hours (960 x .25 = 240). If the same employee only had a balance of 500 hours, they would be paid out 125 hours (500 x .25 = 125). At no time will the payment be for more than 240 hours of sick leave. J U.� "Grandfathered" Employees Employees who have seven (7) or more years of servith the City as of the date of the effective date of this policy will be grandf. erc �' to the sick leave payout portion and maximum accrual portion of the 2007 po . These grandfathered employees will not haves maximum accruapAr to of sick leave. -' ' ' . In addition, should these employees die whil6�W,4.1actVi�ly employed as a full- time, regular employee their beneficiary shall baid up to 30% of their sick ; z leave balance for the first 10 year q�service and an"-" dditional 2% of their sick leave balance for each additional year ervice ovef`,-WYears. At no time will mw the payment be for more than 480 N' urs a k leave • For example, if an employee M4le, yea,R rvice and a sick balance of 260 hours, the bee axy would "e paid fp& 93.6 hours (30% for the first 10 years, 2% fo ayear 1 4?,2% for �*ar 12, and 2% for year 13; 36% of 260 = 93.6). F Should these employE� eand TMRS after ten (10) years of service as a -time, regular employee the employee shall be paid up to 30% of their sickk, ce ii r` 'e first 10 years of service and an additional 2% of their leave bfor ems.additional year of service over 10 years. At no tim 61 the paymen for more than 480 hours of sick leave. Should t employe be involuntarily terminated, voluntarily leave the City without T retirent, or retire before they've reached 10 years of service, then the emp eeill not be paid any sick leave at the time of separation. Documentation An employee who is absent on or requests Sick Leave for three (3) or more consecutive workdays, or twenty-four (24) consecutive work hours (36 consecutive work hours for uniformed fire employees), must provide their supervisor with a physician's statement indicating the onset and duration of the illness before the supervisor may approve the Sick Leave. This documentation must be provided to payroll before payroll is processed. Revision Date: May 2018 DRAFT 43 Employees who do not submit a physician's statement in time for payroll processing shall not be granted sick leave for that period and may receive leave without pay. For absences less than three (3) days, if a pattern of sick leave abuse is established, the Department Head or their designee may require the employee to provide proof of illness or appointment to receive paid sick leave. Discipline Employees who do not provide p proof of illness or appoinYxnent 3when requested may be disciplined. Documentation may be verified r �r Human Resources. Fraudulent and/or altered documentation maybe came 'W" .1 up to and including termination. w �z 1.4.07 Vacation Leave The City provides annual vacation leave to r lar, time employees for rest and recreation, and to provide periods of tim f;fo p p p personal and emergency purposes. Vacation leave cannot be taken during�e first six (6) months of initial employment with the City (unless gee approved by"s" er visor at hire). Vacation leave requests shall be apprae ccordg to the needs of the department. However, reasonable accp x mo ,n` should be given to the employee in determininWft( vacatio leave maybe taken. Earning Rates All regular, full-tme� ploy ' - accrue vacation leave on a bi-weekly basis. The annual accrual rates eg a , e employees are as follows: Tee Regula Director Firefighter Police * �-week ,# pBi-weekly (uniformed) (uniformed) 01, Adcrual `'$ Accrual Bi-weekly Bi-weekly � ra Accrual Accrual <1 " ars 3 7 hours 4.61 hours 4.31 hours 3.07 hours >5-1rsg61 hours 6.15 hours 6.46 hours 4.61 hours >10-15 X6.15 hours 7.69 hours 8.61 hours 6.15 hours >15 ears 4£� E t 7.69 hours 9.23 hours 10.77 hours 7.69 hours Maximum Accrual Employees may not carry more than 30 days (240 hours) of annual leave from one fiscal year to the next (firefighters maximum accrual is 336 hours). Any vacation leave accrued in excess of 30 days (240 hours or 336 hours for firefighters) will be lost on the first pay period of the new fiscal year (must use the time off by the last pay period of the fiscal year). If a work situation occurs preventing an employee from taking vacation leave during the year, the City Revision Date: May 2018 DRAFT 44 Manager may authorize a carryover in excess of the maximum. Each situation will be reviewed and a determination made on a case-by-case basis. All Department Heads or their designee should insure that, whenever possible, vacation leave will be scheduled for use by an employee to prevent any loss of accrued vacation leave. Departments should review their balances quarterly. However, employees are ultimately responsible for requesting time off. Payment at Separation } Upon separation from employment, any employee who �h`as completed their introductory period with the City will be paid for vac a # $leave hours accrued but not taken up to a maximum of 30 days (240h�ous ;.or 336 hours for firefighters). } f a Break In Service Employees who voluntarily terminate their,etr%ployment with the Cites but return at a later date, forfeit all vacation accrual rtes pr�trously credited and will commence as a new employee. 1.4.08 Unauthorized Absences N £Y:; An unauthorized absence from word is an ce that is not approved by the employee's supervisor, Department `Heid, n Resources, or the City Manager. An employee aw 11tceive no pay nor wr the employee's leave account be charged during aAy periocV of unauthorized absence. The Department Head or their designee �xay excuse an absence th appropriate adjustments to pay and charge leave ��uporxnely rece#"t of adequate documentation of the circumstances surrourr gier de's unauthorized absence. An empl 12kes unauthorized leave will be subject to disciplinary action, which y include`ei-ninatian „ ` Any unhorized leavthat continues for three (3) consecutive work days will be const d autoatic resignation. When that occurs, the Department Head or the 4 :,n ignee shall send written notice of automatic resignation to the last known act*f-s rof'the employee on file. 1.4.09 City Holidays The City grants time off from work with pay for each holiday for regular, full-time employees. The Holiday Calendar can be found on the City's website. Fourteen holidays are normally designated each year and include: Revision Date: May 2018 DRAFT 45 • New Year's Eve • Labor Day (designated for 9111) • New Year's Day • Columbus Day • MLK Day • Veteran's Day • President's Day • Thanksgiving Day • Good Friday • Friday after Thanksgiving • Memorial Day • Christmas Eve • Independence Day • Christmas Day The City may add, change, or delete the City's observed holiday . The following provisions shall apply at holidays: • As many employees as reasonably possible, at ecU cretion of the City Manager, shall be given each observed boli' off t nsistent with the maintenance of essential municipal functios n • Regular, full-time employees, whose noraIwork week ts .4�0 hours per week or 80 hours per pay period, will bo entitled to a paid holequal to eight (8) hours at the employee's rear rate cif pay. No "hours worked„ will be reflected on the employee's t1 Ji t L a holidays for which the employee is paid and does not work. • Regular, full-time uniformedFire Department personnel will be entitled to a paid holiday equal to at the emp .4 regular rate of pay. • Employees who are scheduled.for~fandt vho do) work on the actual holiday (not observed holiday) shall receive'41k of $2.00 per hour to their regular rate afpay, w, • Regular, part tib A, empor�/seasonal employees will be given a holiday off wth"out pay #` • Actual hold s,whichll on a Sarday, will normally be observed on Friday or the h �� f-reAhe holiday and actual holidays which fall on a Sunday,,_, normalltbe observed on Monday or business day afte� h 'day. , ry • Aeon-exemployh an unauthorized absence on the workday nmediately in immediately following an observed or actual `�� liday shall fot holiday pay. • Ani observed hoRi ay falling within an employee's approved time off (vada ''Migr etc ) .all not have the holiday leave charged against their vacatsick leave. The Fire 0 has designated that Fire Department employees will observe Patriot ' ,' September 11 th on the first Monday in September. 1.4.10 Sick Leave Pool The City of Cibolo may established a sick leave pool which may provide a source of additional paid leave to an employee if a catastrophic illness or injury forces an employee to exhaust all earned leave and go into a non-pay status. Revision Date: May 2018 DRAFT 46 Contributions, disbursements, and eligibility will be defined in the Sick Leave Pool procedure. Sick Leave is not guaranteed. 1.4.11 Inclement Weather Policy When the City Manager, or their designee, determines that it is unsafe for employees to travel to work, an Inclement Weather day or delayed opening time may be declared. Regular full-time non-exempt employees shall be entitled— aR paid inclement weather pay (admin pay) equal to the employee's regal", ateof pay. No hours worked will be reflected on the employee's time shee4or dsgnated Inclement Weather time which the employee is paid and does n work. In the event any regular full-time non-exempeinployee of the Crty� uired to work on a declared inclement weather day regardless of whether INV employee was scheduled to work, such employee li a pola&out administrative time (straight time unless the employee physically mks more than their assigned work week (40, 80, or 106 hours in the week) 6"Iyalent to the hours worked during the declared weather closuiturs. ,. A regular full-time non-exempt emplgyeea normally scheduled to work but who is instructed by their supervisor, toiPot mc-"Io work due to a declared inclement weather d� flr#_s� ��"elay wbe crefed with (straight weather) administrative time W E 2 Employees may se the paid leave (vacation or comp) for an absence due to inabilitx I work when an inclement weather day is not declared / -. A regu =full-time'nq� exem -Jerployee who is not regularly scheduled to work ITP on � day of the in 'J"',ent weather and who does not come to work will not receiv � ,y credit. ; A regular fu'% tme err� foyee scheduled to be absent during the weather day will still receive c � .'.`t e weather day and it shall not be charged against the employee. Y Temporary and part-time employees may be given time off without pay. This policy does not apply to public safety employees (Fire and Police uniformed staff) and/or employees who are listed as critical or essential on their job description when they are ordered to attend work. Revision Date: May 2018 DRAFT 47 Policy 1.5 Employee Conduct 1.5.01 General Conduct In order to maintain the confidence and respect of its citizens, the City of Cibolo Department Heads and/or their designees should develop, maintain, and communicate clear standards of conduct for their own departments and divisions. Department specific standards for conduct must at least include information from this policy and any Governmental legal stat ll ttthat may relate to their operation. Department policies shall be distributed and communicated to each department employee. Ready, Willing, and Able to Work , The City expects all employees to be ready, v�lrig, and able tom :ork while at fi work or on duty. If a Department Head, or Meir designee, deterri e,at that an employee is not ready, willing, and/or able' work, tie employee rty be asked to leave work for up to the remainder of the Wii' da�-�844" d the appropriate leave will be charged, excluding Administrative Lea n =If no `leave is available the employee will be placed on leave w out pay status This type of action is not a disciplinary action. However, dis action' be taken a ainst an �' ; g employee who repeatedly fails to appeariy, willing, d able to work. Dress Code Employees shall dress i phases o professMnalism, neatness, and safety. An appropriate im get shall Viclude qd grooming and hygiene with attire g properly reflectin type a work in v � h the employee regularly engages. 0 Some departments'�d,", s Tress__W def'b the proper and required use of the department's uniform ` `eadeall be distributed and communicated to each employ g - vr I * Al Gifts itertainmentinancianterest and Favors EM"A are prohibd frori``soliciting or accepting, directly or indirectly, any gift, fa �, entertainme�, loan, or any type of monetary value above $50 from a per Y who hasr%or is seeking to obtain, contractual or other business or financial rel ns wit the City or where official duties of the City will affect the person's busing ach Department Head is responsible for developing a system for disclosing carflicts or apparent conflicts of interest. An employee may not receive a salaryor anything of monetary value from a private source as pay for their services at the City. It is the intention of this policy to match the state's ethics law. Office Donations Employees may not force other employees, or make them feel obligated, to contribute or make donations to any fund or collection. Revision Date: May 2018 DRAFT 48 Outside Employment City employees are permitted to hold secondary, non-City employment. However, employees must provide duties and details of the outside job including the name and address of the employer to their Department Head or designee. The Department Head shall evaluate the duties of the outside employment and determine if there is a conflict that would prevent the employee from holding both positions. All outside employment including self-employment must be approved, in writing, by the Department Head This approval should be in the employee's personnel file before outside work begins. T = approval can be Rd revoked by the Department Head should they believe the,outside`employment is interfering with the employee's City job. Employees wh6 not comply shall be OvF disciplined. F AT Employment shall not interrupt, interfere be de ental to the performance of the employee's City duties ;,employees will not > sowed to perform outside work while they are on I A and/or Worker's C :..; pensation leave. Gambling;, Betting, and Lotteries are Employees to prohibited from p y p ticipatingwhe . n City-owned or leased property or while on duty for the £�"ri any gamb a �activity including the operation of a gambling device, in and a lotte or pool, in a game for money or property, or in selling or punch "iI et. 0a . 1.5.02 Workpl Harasent It is the policy o ity he respo.&ibility of every manager, supervisor, and employee to pro` , ` a work environment that is free of workplace sment : #uding but not limited to: harassment, sexual exploits ation, "' d retaliation from reports of harassment. This haras ent-free p tion es to all persons employed by the City or wor as a volunte` for thi"City. All employees have a right to work in an enviro '''int free from, 3'scrimination and harassing conduct, including sexual harassm Harassmt on the basis of an employee's race, color, ethnicity, nationalor • citize116a ip, gender, age (over 40), religion, political affiliation or beliefsh sic p y � ental disability (or perception of), pregnancy status, veteran status is expres prohibited under this policy. Sexual harassment is a form of t;f sex discriminatdn and is a violation of Federal Law §703 of Title VII of the Civil Rights Act of 1964 (as amended). Harassment on any basis exists whenever: • Submission to harassing conduct is made, either explicitly or implicitly, a term or condition of an individual's employment. • Submission to or rejection of such conduct is used as the basis for an employment decision affecting an individual. Revision Date: May 2018 DRAFT 49 • The conduct interferes with an employee's work or creates an intimidating, hostile, or offensive work environment. Harassment may be subtle, manipulative, and is not always evident. It does not refer to occasional compliments of a socially acceptable nature. It refers to behavior that is not welcome and is personally offensive. All forms of gender harassment are covered. Reporting The City highly encourages all employees to report suspeetec( harassment. The City requires that supervisors report suspected h �� sment as soon as practicable. .r, Investigations - z" Human Resources will investigate reported wassment claims a v report the findings to the City Manager. Signed 'ms made regarding lic safety employees may be investigated by a designer '.',law rcement agency. Retaliation : This policy also expressly prohibit � taliation of4.. arm kind against any employee bringing a complaint or assistin'il R 44 ; investigafip ,of a complaint. Such employees may not be adverselyaffecfe .. any manner related to their employment. Texas Labor Code Chapter..�1 ,ter 21) Title VII of the Civil Rights Act (Title VII), t � 'scrimiriion in Employment Act (ADEA), and the Americans with Disa ties (ADA) ptect individuals from retaliation. Sexual Harassm'T. .W Sexual Harassment i elcome sexual advances, requests for sexual favor r other g kcal or verbal conduct of a sexual nature: • T � hostiT�" timidating, or offensive working environment; • e submiss ° to whin s'made either implicitly or explicitly a term or ondition of a p on's employment; or, submission o, or rejection of which is used as a basis for an ern ment dec on affecting the harassed employee. It is illegal an, st City policy for any employee to sexually harass another employee or to ate a hostile working environment by either committing or encouraging: r • Physical assaults on another employee; • Intentional physical contact that is sexual in nature, including but not limited to touching, pinching, patting, or brushing up against another employee's body; • Unwanted sexual advances, propositions or sexual comments, including gestures, jokes, or comments made in the presence of any employee who Revision Date: May 2018 DRAFT 50 has indicated in any way that such conduct in his/her presence is unwelcome; or • Posting and/or displaying pictures, posters, calendars, graffiti, objects, or other material that is sexual in nature or pornographic. Actions that arise out of a personal or social relationship and that are not intended to have a discriminatory employment effect may not be viewed as sexual harassment. Reporting Employees filing a sexual harassment claim are required federal law to report the incident no later than 180 days after the alleged �ncid' ccurred. The City highly encourages employees to report any claim of s al harassment immediately. z' Investigations Human Resources will investigate all clairns� d re its of sexual harassment immediately and present the findings to theG` Manager. The parties directly involved in the sexual harassment claim must � �otified of the final outcome. � x 4,. While the City cannot control the a #�r��sf�outside p 4 -.s such as City vendors or patrons, employees who believe ey � fitness, or been the subject of discrimination by an outside party, i clung al harassment or retaliation must report the alleged ijcft s require by thin policy. All cases are take`,very serisly. Any e to ee who knowingly files a false 0 Y g Y sexual harassm pla � is subleco discipline, up to and including termination. „� tip mo � , 1 1.5 O3Drug free orkp ce rt Th of Cibolo is mittd to ensuring the health safety, well-being, and sati r 'r work perfa ance of all employees. The use, exchange, or prsence of alcoho - egal drug `and/or the misuse of legal drugs by City employees in any City fa , worksite, or City vehicle is prohibited. Employees are r ired to refrain from: • The unlawful use, manufacture, procurement, distribution, sale, and dispensing of alcohol, illegal drugs, legal drugs, or controlled substances; • The misuse of substances while on duty and for a sufficient time prior to the performance of duty so that none of the effects of the substance(s) remain during job performance (employees are required to meet their minimum job requirements which may include abstinence; Revision Date: May 2018 DRAFT 51 • The use of alcohol while on duty and for a sufficient time prior to the performance of duty so that none of the effects of the use of alcohol remain during job performance; and/or • The misuse of substances and materials available in the workplace that may result in physical or mental impairment. MandatoEy Drug Testing Mandatory drug testing is required for all employees, as follows: • Random Testing. All employees in safety-sensitive positions are subject to controlled substance and alcohol testing on ;¢ random basis. The Department Head or their designee is responslIe foScheduling random tests so that safety-sensitive employees will. an eq chance of being ij Ad selected each time a random selection is made N • Post-Accident Testing. An employee isequired to submitntrolled substance test after an accident. Accident" is defined as an event resulting in a fatality, (2) any event r`esxItin , injury to any person requiring treatment beyond first aid (exceptor iri�nes incurred from law enforcement use of force), 3) any uni ded event resulting in any damage to another party's +�rty (non-City a Cibolo property), or (4) a t City employee operating a C y to/trailerJdi ment which involves any one of the following: property damage to a vehicle/trailer/equip nent rent er g'it I ofable so that it needs to be towed or hauled. an a trailer, (b) property damage estimated to be equal to or gre , er th 1,000, o4r (c) a violation of federal or state law, city ordin or city �t licy or pr dure. Accidents involving injuries shall reglz" elploys '' involved.iii the accident to take an alcohol concentration t' o loyees `moo, are seriously injured and unable to provide a s�` n at time of the accident, or who are otherwise unable to co w1trolled substance and alcohol concentration : testing, 1 provide the necessary authorization for the organizati to obtain medical records, law enforcement reports, ,and other cuments that may indicate the presence of controlled bstance `or alcohol concentration. Removal from D Employees shalbe placed on administrative leave and/or placed on modified duty (to eliminate operation of heavy machinery and/or vehicles) and/or not be allowed to remain on duty in a safety-sensitive position if that employee is found to use, manufacture, distribute, procure, sell, dispense, or possess illegal drugs, is found to use alcohol when its effects will remain during job performance, or has failed to comply with these policies. Revision Date: May 2018 DRAFT 52 Return to Duty If an employee's test results are found to be negative (the tested substances are found to be in the sample in a quantity less than the cut-off level as recommended by Substance Abuse and Mental Health Services Administration), the employee shall return to duty in their usual capacity in the sensitive position when it is determined that this action would not pose a danger to public health or safety. Testing Based on Reasonable Cause A controlled substance test and/or an alcohol concentrationtestmay be required ff if there is reasonable cause to believe an employee is unde �3the influence of drugs tOO or alcohol. "Reasonable cause" exists when an emplcre exla�bits behavior which suggests impairment from drug or alcohol use or when job petdmance or safety is affected. r ` } Department Heads or their designees shall place their observations and any other supporting documents for their reaso'l ca A in writing and provide it to Human Resources. Department Heads or their design shall refer su& ornplo ee to an authorized .1 �= Y testing facility. ` � 01 Refusal to Test 6 :;. Employees who refuse Wl it to #6 and alc hol testing will be subject to disciplinary p ary action u luding germination. A refusal by an ee to it to a otntrolled substance and alcohol test includes any of the fa � N gWJ(.,`fo take the test; (2) inability to provide sufficient quantities of", oath or urine to be tested without a valid medical explanat a ,a � peringith or attempting to adulterate the specimen or collec procedu F) not to the collection site in the time allotted; oraving the sc " of an„accident without a valid reason before the tests have bei conducted Testing Fa " 'es In If an employ rluired to submit to drug and alcohol testing, testing will occur at a face r,= thorized by the City. Departments should contact Human Resources for a est of current testing facilities. Whenever available, the City will accept the results from drug and alcohol tests conducted by law enforcement officers pursuant to the Texas Penal Code and Texas Code of Criminal Procedures. Revision Date: May 2018 DRAFT 53 Conviction Employees convicted of a violation of a criminal statue relating to illegal drugs or alcohol shall notify their department no later than five (5) business days after the conviction. Outside Agencies Positive drug and alcohol testing may be reported to outside agencies and licensing authorities as required by law. z� 1.5.04 Confidentiality All information concerning City business must be held inct confidence and must not be discussed with others on or off the J exce � or purposes of necessary City business. An employee isprohi,i ed From dire . or in using or allowing the use of official mforrration obtained t or in connection with their position for the pure, of furthering a privat interest. PL ;,. 1.5.05 Political Activity No employee shall be required to sx �c�rt, work for, n�e financial contributions to, or otherwise do campaign work£©re�ndidate f© Riolitical office. Employees may voluntalr participatactivities that are not ON prohibited by the Cityfluprovidedthat it is awoluntary action on their part and they do not engage m sh activities while on duty, in uniform, or while using City proper , No employee may be 'fed denied promotion, transferred, or subjected t ;:. pe of reliatory personnel action because they did or did not particip rn p activ� t upless the activity is not in compliance with City policy-Wr � U, 1.5.06�r of Govnment Property City properanygnd, including property leased to the City, is prohibited from use in ,I gal City business except when the totality of the use is considered de mis by IRS standards. All employees have the duty to protect and conserve government property, including equipment, supplies and other property entrusted or issued to them. 1.5.07 Privacy City employees should have no expectation of privacy while on-duty, on City property, or while utilizing City equipment (including but not limited to cell phones, internet, email, etc.). The City reserves the right to search the workplace Revision Date: May 2018 DRAFT 54 (including but not limited to contraband searches including but not limited to illegal or prohibited weapons, drugs, stolen property, etc.). The City reserves the right to: • Audio and visual recordings of employees and visitors on City property and in City vehicles; • Track employees and City property locations through GPS and other similar location services; • Track the City's internet use; • Track communications through the technology proms ded b� the City; • Search the internet including social-media re employees are represented in accordance with the City's condi t pales. Discipline may be warranted based on findings .. 1.5.08 Intimate Relationships . The City realizes that personal relationships 8"f% romanfic nature may develop between coworkers. While the Crt does not wish tq, ban all such relationships outright, the City has established'`;�e guidelines fof-,� relationships. r ?ffl What employees do on their own tine, awa m work is private, unless it negatively impacts theirwo ormance tie r �` � ` `aee and/or violates other City policies (such as the cofidi olicy) xn Senior Staff Romantic and/orlin64, tebetween Department Heads and other City employees are pro a Su ervis Any loyee in a rvisor position (such as a manager or supervisor) must imr, tely report an intime relationships (i.e., sexual relationship) with any City e ee, w2h rider their supervision or not, to Human Resources. Human rces will ocument the notification and inform the City Manager. A supervis --_ gag," in such relationships is prohibited from serving in a decision-make for that employee. Failure of the supervisor to immediately disclose this rel , nship may result in disciplinary action. Support Staff Romantic relationships between city employees and employees in Finance, Human Resources, Information Technology, or the City Manager's department are prohibited. These positions support all departments and a romantic relationship with any employee and an employee from one of these departments could foster a perception of impropriety. Revision Date: May 2018 DRAFT 55 Procedures Employees who are engaged in a personal relationship with other employees should refrain from personal conduct on City premises which could create tension with coworkers and causes other employees to feel uncomfortable and/or offended. If a conflict of interest is present in a relationship, the City will endeavor to find a solution to eliminate the conflict of interest so that one employee is no longer able to unduly influence and/or favor the other. Such solutions may include the transfer of one of the employees to another location or position. If no accommodation can be found, the City may reikjxe one of the pair to resign or be terminated within a sixty (60) day notificawn. Relationships existing prior to this policy being adopted =continue but, the pair must disclose the relationship to HumanResources d refrain from personal conduct on City premises which could , ea�e tension` th coworkers t and causes other employees to feel uncorr actable and/or of e Human Resources will document the notification and inform the City Mana w _. , ,. tD I g 8 � § P f ^ agO SP r. , I mss. Y gl 11, Revision Date: May 2018 DRAFT 56 Policy 1.6 Discipline 1.6.01 Reasons for Discipline In addition to violation of department policies and procedures, a Department Head or their designee may take disciplinary action against an employee if it is determined that the employee has committed any of the following violations, to include but not be limited to: a. Poor attendance - excessive absences and/or tardm b. Insubordination -unwilling to follow orders of a s �ervisor or higher level of authority. c. Dishonesty- characterized by a lack of trust, hon es fulness. d. Failure to provide notice of absence e. Misuse of leave. f. Unauthorized absence - absence frQM duty which is not au tl zed or for which a request for leave has been dee-k g. Fighting or otherwise disrupting relati6ft'a between employees during normal duty hours. h. Failure to accept a transfer; fgr4t.to report tt� �fferent duty location, or failure to report to a different P, , W rot exon of job duties. Failing to report to or chop g not t� ac. ept�W- "assignment may result in termination. i. Failure to eform t ' job requirements (as outlined in the job descriptio j. Being in possthe influence of intoxicating beverages or suOsa- cesor gal controed substances while on duty. k. W j ss ding sexual harassment. 1 . or job per o' �ance. k „ ysical or ver buse of fellow employees, supervisors, or the public. n. or misrep . entation in the selection process. If the employee is not , qu or note. uitable for the position, the Department Head may reques . e oval of the employee on the basis of intentional fraud and/or mr =presentation. o. Perjury. p. Violation of any statute or any duty authorized department rule or policy. q. Knowingly creating and submitting false and/or slanderous reports and/or gossip regarding fellow employees, supervisors, or subordinates. r. Conduct or actions that seriously impair the employee's job effectiveness. s. Conduct which is detrimental to or has an adverse effect on the department. Revision Date: May 2018 DRAFT 57 t. Failure to obtain and maintain any position qualifications, licenses, or certifications required by the employee's position description. u. Exhaustion of leave in excess of the allowable maximum period authorized by federal, state, county or local laws and rules. v. Conviction of a felony offense, class B or above misdemeanor, or any crime involving moral turpitude which relate to job functions. w. Failure to satisfactorily complete, obtain, or maintain the required physical and/or psychological fitness for duty test. , k -D, x. Solicitation or acceptance, directly or indirect; of any gift, favor, entertainment loan or other thing which has m f value in exchange for some action of the employee in the emplcee'sr ial duties for the City. This includes solicitation between emprlwoy s for g r superiors. y. Accepting gifts from contractors, vegd�`s, or other pe rs s who are employed by persons/entities who are-'-`dealing with or attem-�I to deal with the City (except as defined in otftCity di es). These rules do not apply to calendars and similar �cles� hat bear the donor's advertising. z. Outside employment that caAlzcts with an emp � 's duties for the City. An employee shall not receive Oddi a af.cor on from a source other than the City for work performed *dor City. An employee may not conduct outside ,went on{Cy time ether, an employee shall not utilize sick leapp7mpl orNe to appear for outside employment. All outside employmen ill be appQved accord, g to City policy. aa.Financial inter th pct with`an employee's employment with the City. ,h bb. or OfRVing the misuse of City property, directly, or 11 ctly. * ° c elease of coni ential "Lrmation or misuse of information obtained -. ugh employ nt with the City. dd. ` ambling betting while on City time. ee.Failu mairain current address and/or telephone number with the departme�> " ff. Forcing corkers to donate to an office fund or collection. gg.Conduct that occurs off duty that negates the effectiveness of the employee or the department. hh. Failure to comply to the policies and procedures issued by the organization or their supervisors Revision Date: May 2018 DRAFT 58 1.6.02 Progressive Discipline The City of Cibolo subscribes to a policy of systematic progressive discipline, when possible, to permit an employee who violates policies or exhibits unsatisfactory job performance an opportunity to comply with City or department requirements and correct his or her actions. City employees are expected to conduct themselvesres �xsibls' y and with propriety in their work and are expected to abide by all," licieof the City. To enable them to do this, each Department Head or their` gnee should develop clear and reasonable policies and performance exctas, investigate the circumstances of apparent policy violations or unsati acto s ry lormance before takingdisciplinary p � ary action, and ensure that consist , disciplinary action is administered. No disciplinary action may be taken against eme based on race, color, sex, national origin, age, disability, religion, p kcal affiliation/association or for any other discriminatory reason. . Public safety employees will have a1€ d116bal departm §'policies directing the R disciplinary process. P.k Levels44 , Each Department Head and feir designee has the authority and responsibility to take disciplin fictions against an em.]plAffi, oyee "for cause", misconduct, or for poor work perfor�na The eels of disciplinary action include: 1. Oral Counselor, 2. Wrlttee4ri3. S i 4 emotion `2 x � �Trmination Factors �y In determi the lel of discipline to impose, the Department Head or their designee shoo o R 'der factors that it deems relevant on a case-by-case basis, including but n' ited to the following: • The seriousness of the employee's offense; • The position the employee holds; • The employee's employment history, including any previously imposed disciplinary actions which occurred within the previous twenty-four (24) months, shall be,considered; instances of suspensions or demotions which occurred within the previous thirty-six (36) months shall also be considered; • Other similar disciplinary actions within the department; and Revision Date: May 2018 DRAFT 59 • The progressiveness of the discipline, where practicable. Resignation in Lieu of Discipline An employee who faces disciplinary action may voluntarily resign prior to the issuance of a disciplinary action. Resignation shall not be forced upon the employee by the Department Head or their designee. If an employee chooses to resign, they may submit their resignation in writing to their Department Head, Human Resources, or the City Manager. �a 1.6.03 Disciplinary Actions :N Progressive Discipline Steps Oral Counseling: An oral counseling is the most common mod for assisting the employee to improve work performance or 0ornp]y with ru � and policies. Supervisors should document counseling sessions by identifym� es, time, concerns addressed, and potential disc ig e that ire discusseduring the sessions. Oral counseling documentation rB�equegrbut may be maintained in the employee's personnel file. Written Reprimand: A written rand should to that it is a "written reprimand" and shall state that ` ¢rtlN° disciplinary ' p ? tion will occur if the employee fails to achieve a satisfactory leve rformance. A copy of the written reprimand should be provided to the` y of the written reprimand should be laced in the,' tea p p�lee s personnel file ,An employee may ask for their original written repr ds tube removed from their personnel file after thirty- six (36) months f the origiAal date 6f;jssue (should the written reprimand result in additio� ,�..}'� ,ciph xg notes from the original written reprimand may still be included in the Y Suspen,, sion is. e temporary release from duty of an employee for up to ty (3 0) c `=ar day4-, thout pay. A suspension is applicable when a prig . rimand does du t prod, satisfactory results in correcting behavior, or when t "'y epartment ad or their designee determines that a violation of a rule or policy erious en gh to warrant a suspension without prior use of less severe discr` e. A c�.4 of the suspension documents should be placed in the employee's pe ;,; E file. Suspensions cannot be removed from the employee's personnel file. D tment Head or their designee should provide a statement to payroll before fist use of leave. Demotion: A demotion is the involuntary reduction of an employee's pay grade and classification by the office or department. Demotion is applicable when a prior reprimand or suspension does not produce satisfactory results in correcting behavior, or when the Department Head or their designee determines that a violation of a rule or policy is serious enough to warrant a demotion without prior use of less severe discipline. A copy of the demotion documents Revision Date: May 2018 DRAFT 60 should be placed in the employee's personnel file. Demotions cannot be removed from the employee's personnel file. Department Head or their designee should provide notice/action request to payroll before first impacted payroll. Involuntary Termination: The involuntary severance/discharge of employment initiated by the employer which has not resulted from the employee's implicit or explicit request (discharge, termination, layoff, position elimination, etc.) is considered involuntary termination. Discharge is applicable when a prior reprimand, suspension, or demotion does not produce s ._" ctory results in correcting behavior, or when the employer determines the a v elation of a rule or policy is serious enough to warrant an involuntary nation without prior use of less severe discipline. Terminations cann f boil emoved from the employee's personnel file. Department Head or the designq should provide notice to Human Resources as soon as practica.k .,° v Disciplinary Action `' At the time of suspending, demoting, yterm ing an erriployee, the Department Head or designee shall provide thE* , bye =with a written notice of the disciplinary action. ��.. Notice of Disci lin p ary Action The supervisor shall prepare"A Noce" Discipiary Action and include the following information: Zia • The specifi ales or rules'violatio��J` • The spe c dctafkof the vid'lation(s), including names of witnesses, dates d times; mid, • Info em p ee that they-have a right to appeal and that the reply will e � , • . :.Notice sciplinary Action, if practicable, should be made in ith a �tten receipt obtained. If personal service is not availaservice � eemed complete if the Notice is sent by certified mail to ti�� mplapee's last known address. �V k Em to e' " eal An eri ee shM have five (5) business days from the day of receipt of the Notice s " °`linary Action to appeal in writing to the City Manager. k Employer Response The City Manager shall respond to the employee's appeal. The City Manager may determine that to uphold, repeal, or revise the Disciplinary Action. The City Manager's decision is final. Revision Date: May 2018 DRAFT 61 Policy 1.7 Workforce Development 1.7.01 Performance Appraisal The City of Cibolo's performance appraisal process offers a consistent approach and operating philosophy for providing feedback and assessment of employee performance through annual evaluations. Performance appraisals shall occur, as appropriate- he• After the employee's initial introductory period wi- City • If an employee transfers or promotes, after thodl e �yee's new position introductory period .., • After one (1) year in the same position Every subsequent year in the same pos �.fl� • At the end of the employee's tenure in 'position Evaluations are an on-going process that re r �a"A*stematic review of the employee's performance, provides feedback��ir the employee on their performance and their supervisor' ectations, ai �ay, as approved annually by the budget and the City Man4g j result in a� t based adjustment depending on the evaluation score. 1.7.02 Training a.,,d Devlopmext The City of Cibolo establisYg a train"fig and development program which is designed to encu employees in the celopment of skills, knowledge, and abilities that will as4 . m:p � coming fully qualified for their current position and enhance thWopportuni jrfor advancement. Through this program, quality tr , be primed at no cost to employees and would be available for ala': ropriate emploejqs fi De� h, nts are strop° encouraged to allow employees to participate in the various ing events, ered throughout the year. Employees must notify their supervisor "' classesk�- ey are interested in attending and request approval from the Departm e their designee to attend any of these classes. Revision Date: May 2018 DRAFT 62 Glossary Actually worked- actively at work; meaning the employee is working for the City, engaged ("suffered") in work related activities at your usual place of business or working at a location to which the City has required that you travel to, and are receiving payment by the City. This does not include paid leave such as vacation, sick, holiday, etc. Approved Absence - An excused absence or time away fro RFk that has been approved by the employees supervisor. This does; 6 guarantee that the employee will be paid for the time away from wog ' fi Authorized Absence - An absence or time away £fpm w ,�that has been authorized in advanced of the absencer dor u °e of paid �me off by the employee's supervisor. Payroll may oveMfide the amount of leave based on availability and proper us a hof leavd type. Civilian Personnel- Employees who do are no 6' d`' rel uniformed personnel. Civilian Positions - Positions whidj.t we not consider uniformed positions. Ash,. Comp time/Compensatory time - T e off, spay lieu of overtime pay for overtime work. .. Conditional Employe.e r Job candid a s who have been issued a written conditional gofer of employment'' nth the City but who have not: successful c leteall of the pemployment screenings (for example the mandato 't background check), passed all of the pre e , ayment sr €nings, anc have begun their first day of work with Xt- thqty ;Ori � i Cri Employee-A#VV"iemwhose duties may be required to keep the City es open for OL day (skeleton crew). Employees will be designated as cn by their , pervisor and this includes all uniformed personnel. In addi the C�� may deem a position critical and require the employee to com o ark during business hours. De Minimis -Tl ` Internal Revenue Service (IRS) defines de minimis as a benefit for which, considering its value and frequency with which it is provided is so small as to make accounting for it unreasonable or impractical. Such items could include: controlled, occasional employee use of photocopier; occasional snacks, coffee, etc.; personal use of employer provided cell phones; etc. Revision Date: May 2018 DRAFT 63 Department Head - The terms "Director", "Department Head", "Executive staff', and "senior staff' are all interchangeable to mean an employee hired and assigned the responsibility managing an entire department (as defined in the approved budget). Discriminatory Reason - A determination based on a characteristic an employer is prohibited from considering (e.g., sex or race under title VII). Employ - "to suffer or permit to work" (FLSA definition) ANIA mss. Employee - "any individual employed by an employer" definition) Employer - "includes any person acting directly or,indirectl '&the interest of an employer in relation to an employee but sclude4United States 47,741471 or any State or political subdivision off `State or any labor," ggn ization (other than when acting as an emplo)er), or anyone acting in a capacity N11of officer or agent of such labor orgdhi on." SSA definitiWft on) Engaged to Wait - Employees who are on duty ,,,waiting for work to do, such as firefighters waiting fora s or a mech`a-mc waiting for repairs, are considered at work and th Nn considere4 'npensable. The time period is usually unpredictable aihort oration. The employee is unable to use the time effectly ` �w tlyfch � own purposes and the time is controlled by the .oyer. (F' A definit in) Y�. ,_ f d Essential Position Aeriy employee whose�'d€'uties involve work or services essential to the heal � «;safety t the publT and the withholding of such service would create ' a ;� danger to the health or safety of the public. Tployee 11 be designated as essential by their supervisor and incl unifore personnel. In addition, the City may deem a inion es ial if services provided are necessary for the fausines operations and require the employee to come into Mntinuation o" ''` during off "scheduled events or during the closure of standard op " tions. All Excused Abse- a approved absence R Extended active duty military leave-leave that qualifies under the Military Leave policy but that exceeds a continuous two (2) week period. Family Medical Leave Act (FMLA) - is a labor law which entitles covered employees to take unpaid, job-protected leave for specified family and medical reasons. Revision Date: May 2018 DRAFT 64 Federal Labor Standard Act (FLSA) - federal law establishing minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees. Fiscal Year (FY) - the fiscal year refers to the budget year of October 1 through September 30 For cause (discipline) - based on a specific reason (for example, discipline based on a specific event or series of events that meet polio ). Hiring Manager - The employee who is responb ,- for making hiring recommendations to the Department He cadered the hiring manager. This may include the DepartmentHeadr a designee. The Department Head still retains the final de z on to hire.In Human Resources (HR) - The Human ResG ces De artment and i a Human fi Resources employee employed by tfte , of C 10. f 1, Immediate Family for Bereavement Leave - Mediate family includes the employee's significAp other, chtl n, stepchildren, foster children legally placed by a we Mcy, an ao raised the employee in absence or death of the emloye ; =rents, f er, stepfather, mother, stepmother, brother, stepbrcth "s9 , .�� stepsister, grandparent, grandchild, are t e emplree's spouse, spouses of the employee's g p � � children, sibh of emploge's spouse, and grandparents of the employee's s Quse. Leave - Temporary a � t >which may be paid or unpaid and is usually granted a E employees request or supervisor's directive. . � ; Offici �t witness ��, ( try) at ��ance as a witness in a court or legal proceeding s requested d*� ,to you employment with the City and as required by r supervisor. Official furl (admiz�eave) - attendance at a funeral the City has requested the emp 9yee ended (such as a local elected official, vendor, etc.). t� Organization the City of Cibolo, Texas. Overtime- For non-public safety employees, overtime is defined as hours worked by a nonexempt employee in excess of 40 hours in a work week and should be recorded to the nearest quarter of an hour. Overtime must be approved in advance by the supervisor to whom the employee reports. Overtime hours are paid at a rate equal to 11/2 times their regular rate of pay unless the employee and employer approve compensatory time equal to 1 1/2 times the number of overtime hours. Public safety employees may not qualify Revision Date: May 2018 DRAFT 65 for overtime at the 40 hours a work week cutoff and need to refer to their department policies. Employees assigned to an 80-hour per pay period schedule will earn overtime for hours worked by a nonexempt employee in excess of 80 hours in a pay period. Employees assigned to a 106-hour per pay period schedule will earn overtime for hours worked by a nonexempt employee in excess of 106 hours in a pay period. Pay period - The pay period covers fourteen (14) consecutive days beginning on Saturday and ending on the next Friday resulting in hweekly pay checks. JU- Principal Activity-the activities which the employee is ed to perform (DOL definition) r. Public Safety - Uniformed (and commissioned) p ra� el in the ire and Police Departments. The individual has thecommission held itae City of Cibolo and is a paid employee. =s Regular rate/Regular time - "All remunerat' fpr, em loyment paid to, or on behalf of, the employee" (FLSA definitions e certain payments which are expressly described in d excluded by'' statutory definition. If a worker gets an hourly rate �� ng ore lar rate will be the hourly rate. But, if as an exaiple, Aormal,;, urly rate is $12.50 per hour, and an employee receives.aiYft exitial of $1.50 per hour, the regular rate of pa f ,"fiat em plt ee wouk e14.00 per hour. AI Mx Safety Sensitive P i on - Ani employee whose duties require driving a vehicle M that weigYe th 26,000 pads and/or requires a commercial driver's license L , a� ammissioned peace officer who must be armed and who duties iritude interdiction of drugs; and/or a co s = firefigr who must drive the fire engines is considered a - " sty sensi ��ositio � may fall under different physical fitness and ug screening quire ents including random drug tests. Straiht e - Norm g working hours paid at a regular rate. ae Supervisor - `member who regularly manages and oversees the work of others provides direction, assistance, and feedback on their performa Ie. Texas Commission on Fire Protection (TCFP) - a regulatory state agency which aids in the protection of lives and property of Texas citizens through the development and enforcement of recognized professional standards for individuals and the fire service. Texas Commission on Law Enforcement (TCOLE) - a regulatory state agency which enforces standards to ensure that the people of Texas are served by Revision Date: May 2018 DRAFT 66 highly trained and ethical law enforcement, corrections, and telecommunications personnel. Unauthorized Absence - an absence that was not authorized by an employee's supervisor. Unexcused Absence - an absence that was not prescheduled and approved by an employee's supervisor. Uniformed Employee/Personnel - Employees who are err�loyed by the City in a uniformed position. Uniformed Positions - Positions whose primary ativres re TCOLE and/or TCFP commissions within the Fire and Poll Dartno include but not limited to: firefighter, fire lieutenax> }police officer, pce nsergeant, police lieutenant; to exclude: fire m ��`�"`hal, assistant fire chis, ire chief, f police chief). A- .`u,i Waiting to be engaged - Employees who are 6ff-duty and are waiting to be engaged are not compensa , The employee , completely relieved from duty and the time period is � ough to A �y the employee to use their time for their own purpq es. %M11-14", es a allowed to leave the job and the employee has been ac isedr`w id3' are required to return to work. For examp gj q lic Woi*i'employ�e'is working during a weather emerg enc an e : to y d,, y ark old gohome at noon but to return at 2:OOAM. The fourteen (14) ho4 break ' between noon and 2:OOAM is not compensabOlit Working Da the part- e ed to work which an employee could be sc work Fmk employees whose base compensation is calculated -f a 40 ho I 'nor 80-hour pay period, a working day is a gularly sche d shif `of 8, 10, or 12 hours, etc. For an employee whose In e compensaft is calculated on a different work week, a working day is A their re shift (for example, if an employee's shift is 24 hours, their Viking d or this policy manual would be 12 hours). Work period e period of time, any particular day, when an employee commencs his/her "principal activity" and the time at which he/she ceases such principal activity or activities. Therefore, a work period may be longer than another employee's based on their assigned shift. In addition, the work period is extended past the employee's scheduled shift, hours, tour of duty, or production line time if the employee is suffering or permitted to suffer by performing their principal activity. (FLSA definition) Work week - The work week covers seven consecutive days beginning on Saturday and ending on Sunday. The standard work week period is 40 Revision Date: May 2018 DRAFT 67 hours. Some employee's work week may be defined as 80 or 106 hours per pay period. For Cibolo, the work week starts on Saturday at 12:00am and continues until Friday 11:59pm and includes "all time during which an employee is necessarily required to be on the employer's premises, on duty, or at a prescribed work place". (FLSA definition) y „ ,. Ao ,z r , 4. Pzl " s t 3r tg Revision Date: May 2018 DRAFT 68 Employee Handbook Acknowledgment and Receipt I have received my copy of the Employee Handbook. This employee handbook describes important information about the City of Cibolo, and I understand that I should consult my supervisor or Human Resources regarding any questions not answered in the handbook. I have entered into my employment relationship with the City of Cibolo voluntarily and acknowledge that there is no specified length of employment. Accordingly, either I or the City of,Cibolo can terminate the relationship at will, with or without cause, at any time, g©>Iorlg as there is no violation of applicable federal or state law. I understand and agree that, other than the City epartment Head, designee, supervisor, or representative of the City of Cz.,bolo has arty authority to enter into any agreement for employment other than at ,"1 orIy the Cicil has the authority to make any such agreements and thervly in writing and sigd the City of Cibolo City Manager after approval of City Councili'--by majority vot of an open meeting as defined in the City Charter. P'Rpl, Aw ,<t, This handbook and the policies and procedures con I ed herein supersede any and all prior policies regarding the terms and conditions ofrriy employment with the City of Cibolo. It does not supersede dep t orders, direr � practices, memos, or statements. B distributing this handbjbo By g , dare ®,rganizatiorx's pressly revokes any and all previous policies and procedures tha�are 1 �tent with those contained herein. I understand that, except fQ�, rnploymet-at-will 41<atus, any and all policies and practices may be chang a,at an"` a by thgCity of Cibolo and the organization reserves the right to change V hours, mages, and`worling conditions at any time. All such changes will be covinki icated t ""rough officnotices, and I understand that revised information may supers ke QW, ate existing policies. Only the City Council has the ability to adopt art is1 ns policies in this handbook. 4iinglk y i I under s n and athat n&ftp& n the Employee Handbook creates, or is intended to cre �; a promise or �presenta,on of continued employment and that employment at tJty of Cibolo is eloymerit at will, which may be terminated at the will of either the City Cibolo or mys . Furthermore, I acknowledge that this handbook is neither a contra' xg employ 't nor a legal document. I understand and agree that employmencompsation may be terminated with or without cause and with or without notice nv1dMme by the City of Cibolo or myself. I have received the landbook, and I understand that it is my responsibility to read and comply with the policies contained in this handbook and any revisions made to it. Employee's Signature Date Employee's Name (Print) Witness Signature Revision Date: May 2018 DRAFT 69 � r R . x� 5 g Z xp This page intentionallyft;branlaR, W�Aim x : c, �� `x c JVr b i tp z "µ Revision Date: May 2018 DRAFT 70 ,41U This page intentional µMan'- { P,w .: Xv , Y x." r; m r� Revision Date: May 2018 DRAFT 71 k, c•z 5 fi rS, rF t t. Of C� 4 r. ''UM � x ,� 5 �p7 $ ` ft P.p � r'p � Revision Date: May 2018 DRAFT 72