R2011-075 - 2011-07-25BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
Section 1. That the City Council hereby amends the City's Employee Handbook
in accordance with Exhibits "A" and "B" attached hereto.
ATTEST:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING THE CITY'S EMPLOYEE
HANDBOOK.
PASSED, APPROVED, AND ADOPTED this 25 day of July, A.D., 2011.
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
RESOLUTION NO. R2011 -75
TOM REID
MAYOR
CHAPTER 5
GROUP HEALTH
AND RELATED
BENEFITS
SECTION 5.03
CATASTROPHIC
LEAVE
Purpose
From time to time a City employee may experience an incapacity that
prevents the employee from working for long periods of time. Such
incapacity may necessitate that the employee take leave without pay.
The City endorses a voluntary leave sharing policy that can help
alleviate these burdens. However, the combination of donated time
plus any other available payment should never exceed the
employee's current salary. Catastrophic Leave is provided by the
donation of sick/vacation hours from one employee to a pool that may
be utilized by all those participating in the program.
A.
Eligibility
Exhibit "A"
Resolution No. R2011 -75
1. The employee requesting the donation must have been a
full -time employee for a minimum of eighteen (18)
consecutive months; and
2. The employee must have elected to participate in the
Catastrophic Leave Pool by donating hours during Annual
Open Enrollment for the fiscal year during which their
request occurs.
3. An employee must request catastrophic leave prior to
depleting all sick /vacation /compensatory and
accumulated holiday leave. If the employee is unable to
submit their request, the employee's immediate
supervisor may initiate the request. The leave donations
will not be retroactive.
4. An employee with written corrective action regarding
unsatisfactory attendance within the last twelve (12)
months may not be eligible. The Catastrophic Leave
Committee will determine eligibility.
Page 1 of 6 Section 5.03
5. The employee's request for Catastrophic Leave must be
recommended by the department director. The
requesting employee's history of usage will be considered
in determining the employee's eligibility for Catastrophic
Leave.
6. The illness or injury meets the definition of a catastrophic
occurrence.
7. Any employee eligible for the Long Term Disability (LTD)
Benefit or other similar programs must make application
for that (those) benefit(s) upon requesting Catastrophic
Leave, if not sooner. Failure to do so may result in the
denial of a Catastrophic Leave request, or termination of
any previously awarded Catastrophic Leave. Employees
are no longer eligible for Catastrophic Leave once LTD or
other similar benefits commence.
8. Part -time employees are not eligible for Catastrophic
Leave under this section.
Definitions
1. Catastrophic Illness /Injury is defined as any illness,
injury (including on- the -job injury after all workers'
compensation benefits have been exhausted),
impairment, or physical or mental condition that involves:
a. any period of incapacity or treatment in connection
with or consequent to an overnight stay in a
hospital, hospice, or residential medical care facility;
or
b. any period of incapacity requiring absence from
work, school or regular daily activities for more than
five (5) calendar days, that also involves continuing
treatment by a licensed health care provider; or
c. continuing treatment for a chronic or long -term
health condition that is incurable or so serious that,
if not treated, would likely result in a period of
incapacity for more than five (5) calendar days; or
d. any period of incapacity due to complications from
pregnancy that are life threatening for the mother of
child; or
e. any absence to receive multiple treatments
(including any period of recovery there from) by, or
Page 2 of 6 Section 5.03
referral by, a licensed health care provider for a
condition that likely would result in incapacity of
more than five (5) consecutive days if left untreated
(e.g. chemotherapy, physical therapy, dialysis, etc.)
Examples of illness or injury that qualify for the
Catastrophic Leave program may include heart attacks,
heart conditions requiring heart bypass or valve
operations, most cancers, back conditions requiring
extensive therapy or surgical procedures, strokes, severe
respiratory conditions, spinal injuries, appendicitis,
pneumonia, emphysema, severe arthritis, severe nervous
disorders, and injuries caused by serious accidents on the
job. One who is qualified under the definition for Family
and Medical Leave is not automatically qualified under the
City's definition of a catastrophic illness /injury.
2. Eligible Family Member Immediate family members,
specifically a spouse, biological or adopted child, or
parent.
C. Catastrophic Leave Application Review, Approval, Use and
Enrollment Process
1. An employee must request Catastrophic Leave prior to
depleting all sick /vacation /compensatory and
accumulated holiday leave. If the employee is unable to
submit their request, the employee's immediate
supervisor may initiate the request.
2. The employee's request shall include a licensed health
care provider's statement explaining the catastrophic
and /or life- threatening nature of the illness and the
anticipated date for returning to work, provided this
information has not already been received.
a. The employee must submit their request to their
department director for consideration of eligibility.
The Committee will approve or deny the request
and determine the amount of hours that will be
granted.
Page 3 of 6 Section 5,03
b. If valid, Human Resources, will transfer hours from
the leave bank to the recipient.
c. Employees using Catastrophic Leave will not accrue
any paid leave while utilizing this procedure.
d. An employee may receive no more than 480
transferred hours per incident and no more than 960
total hours while in the service of the City.
e. Upon an employee's return to work with full release,
termination, resignation, or retirement, all unused
leave will be deposited back into the leave bank.
f. An employee may be dismissed if such employee
fails to report to work promptly at the expiration of
the period of approve /granted Catastrophic Leave.
9.
Abuse of the Catastrophic Leave bank program
shall subject the employee to disciplinary action, up
to and including termination.
3. Every year, full -time city of Pearland employees who have
been employed at least twelve (12) months, will have the
opportunity to voluntarily renew their membership by
contributing hours to the leave bank with the number to
be determined by the Committee based on historic and
anticipated usage. If in the event the bank is depleted to
less than 500 hours, all participating City employees will
be notified and given the opportunity to contribute
additional hours in order to replenish the leave bank. If
an employee chooses not to contribute in the event of
depletion, they may be removed from the program as
determined by the Committee. Any hours contributed will
not be returned to the contributing employee.
4. Catastrophic leave is considered when recommended by
a licensed health care provider and all other accrued
leave has been exhausted. It is also considered when an
eligible family member's medical condition, as determined
by a licensed health care provider, requires employee
attention and all other accrued leave has been exhausted.
Page 4 of 6 Section 5.03
The tax liability associated with donated leave will be the
responsibility of the recipient, in compliance with IRS
revenue ruling 90 -29. Paid time will be subject to all tax
liability associated with regular pay including federal and
FICA withholding, as well as TMRS contributions.
D. Catastrophic Leave Committee
1. Responsibility The purpose of the Committee will be to
review all catastrophic leave requests, ensure that all
eligibility requirements are met, and make determinations
of continuing eligibility. Additionally, the Committee shall
report at least annually to the Executive team concerning
the current status of the leave bank, and the utilization of
the system. The Committee will establish its own
administration, operating and record keeping systems
based on the Catastrophic Leave Policy adopted.
2. Membership. The Committee shall be comprised of five
(5) members representing a cross section of the
employees of the City. The selection of the Committee
members and length of term shall be commensurate with
their position within the City as described below:
The Committee head shall be the Director of Human
Resources or their designee within the ranks of the HR
department. This is a standing position within the
Committee without term limitations, and with full voting
rights as explained below.
Administrative Team. For this section only, the
Administrative Team consists of Assistant Directors,
Assistant Chiefs, Division Managers, Superintendents,
Fire Captains, EMS Captains and Police Captains. One
member of the administrative team that is not a member
of Human Resources shall be nominated by the Executive
team and appointed by the City Manager to serve on the
Committee for a term of three (3) years.
At -Large Employee Representative Members shall be
three (3) employees, with at least one (1) year of service
Page 5 of 6 Section 5.03
to the City, nominated by the Executive team and
appointed by the City Manager to serve on the Committee
for a term of one (1) year. These members should each
be from different departments and other than that of the
Administrative team member or Human Resources.
3. Committee decisions shall be based on a simple majority
of attending quorum of the members, with tied decision
being decided by the position of the Committee Head.
4. No committee member, other than the Committee Head,
may serve more than two (2) consecutive terms.
5. Committee members who are promoted during the course
of their term may service the rest of their term with the
approval of a majority of the Committee regardless of
their resulting position or department.
6. Members may be removed from the Committee by a
majority voted of the remaining members for failing to
attend more than 20% of the Committee meetings.
7. Any vacated position shall be filled as soon as practicable
through the appointment process outlined above.
Page 6 of 6 Section 5.03
Exhibit "B"
Resolution No. R2011 -75
CHAPTER 3
COMPENSATION
POLICIES
SECTION 3.09
EMERGENCY/
INCLEMENT
WEATHER EVENTS
I. Purpose
Regardless of weather or other conditions, the City never closes. Because of the
essential and direct impact on public safety and health, essential City services must
continue regardless of the weather, man -made or technological emergencies or
disasters. Emergency Essential Personnel are required to report to work as scheduled
or as needed, regardless of official delayed opening, early closing or closure of City
facilities.
II. Employee Designations
In the event of a wide scale emergency or significant weather event that could impact
the community, all employees must be ready to assist in managing the crisis. Some
employees are designated as essential for the continuity of governmental operations.
Department heads shall designate each position as "Emergency Essential Personnel" or
"Emergency Non essential Personnel." This designation shall be documented by
Human Resources in the official job description. All personnel shall be advised of their
status by January 2nd of each year, and /or at the time of hire. Individual employees'
status may change as the needs of the City change during an emergency or inclement
weather event at the discretion of the department head.
A. "Emergency Essential Personnel" Each department head is responsible
for identifying those employees who will be designated as "Emergency
Essential Personnel "Emergency Essential Personnel" may be required
to remain available immediately before, during and /or after the
disaster /emergency conditions to perform duties directly related to the
emergency conditions.
"Emergency Non Essential Personnel" Following a needs assessment,
some employees may be temporarily dismissed from work, concurrently or
successively, as determined by the emergency need and the department
head. These employees are designated as "Emergency Non Essential
Personnel."
C. "Essential Recovery" Some employees may be further identified as
"Essential Recovery." The City Manager and each department head are
responsible for identifying those employees who are essential to the quick
restoration of critical services to the community.
Page 1 of 5 Section 3.09
III. Emergency Periods
A. Pre Impact Period. This is the time prior to the impending emergency or
inclement weather event and includes emergency response activities and
preventive measures by the City in preparing for the impending
emergency or inclement weather. This period begins when the City
Emergency Operations Center opens or the City Manager determines that
an emergency or inclement weather event is imminent.
B. Emergency or Inclement Weather Period. This is the time during which
emergency response activities and /or restoration of critical services are
conducted to protect life and property and most other regular City services
are suspended. This period begins when City facilities are closed for
normal business and ends when the City Manager declares it safe for all
employees to return to work.
C. Emergency /Disaster Recovery Period. This is the time during which
emergency response activities and /or restoration of critical services and all
regular City services are suspended. This period begins when the City
Manager orders emergency essential personnel to take shelter in City
operated Response Centers and ends when the City Manager reinstates
emergency response activities and /or the restoration of critical services.
IV. Responsibilities
Post Impact/Recovery Period. This is the period of time during which
activities are conducted to restore the City's infrastructure and services to
pre- disaster conditions. This period begins when the City Manager
declares it safe for all employees to return to work and ends when he /she
declares the period is over.
A. Employee
Employees are expected to report for duty at the hour regularly assigned for their
workday. No one is excused from work until the City Manager, through each
department head, authorizes employees to leave, even if a public announcement
of office closures or suspension of service is issued. Additionally, employees
must return to work as soon as the emergency or inclement weather period is
over to participate in the Post Impact/Recovery Period. Employees must:
1. Contact supervisor when Emergency Events, Disasters, or
Inclement Weather exists or is anticipated to receive any specific
instructions.
2. Discuss with supervisor in advance any circumstances anticipated
that may prevent the employee from arriving to work during
emergencies/ inclement weather conditions (such as road closures
or childcare arrangements) and any pertinent leave requests.
Page 2 of 5 Section 3.09
3. Stay informed about emergencies /inclement weather conditions
and City operations through the communication methods
designated by the City Manager and their department head.
(TV /Radio media, City's intranet, City's web -page, emails, pagers,
supervisors, etc.)
6. When securing or evacuation of personal residences is required,
Emergency Essential Personnel will be permitted and expected to
make arrangements for their families, including the use of
authorized shelters, prior to the Pre Impact Period.
7. At the department head's discretion, previously approved leave
requests may be cancelled. Failure to return to work upon notice,
either written or verbal, that the previously approved leave is being
canceled, will be deemed an unauthorized absence from work or
assignment which may be sufficient cause for termination of
employment. In the event that such previously approved leave is
not cancelled, employees will continue to be charged for such
leave. Any unauthorized absence from work or assignment may be
considered sufficient cause for termination.
B. Department Heads
Maintain an up -to -date Employee ID Badge and carry it at all times.
Each ID Badge will include the City of Pearland's Employee Hotline
telephone number.
Ensure that emergency contact information supplied to supervisor
and Human Resources is current so employee can be contacted
when away from work.
Department Heads must keep an updated list of the staff that is
designated as emergency essential personnel along with defined
expectations of duties and reporting during state of emergencies,
inclement weather delayed openings and closing. The list must be
disseminated to the requisite people.
1. Coordinate with the City Manager on any anticipated delays or
closings and any alternate procedures that may affect the City's
normal business operations.
2. Ensure a clear communication mechanism with all of their
employees.
3. Conduct training with employees regarding emergency operations
procedures prior to May 31 of each year that outlines expectations,
possible work schedules, leave, etc.
Page 3 of 5 Section 3.09
C. City Manager
Provide a list of Emergency Essential Personnel to Human
Resources and Emergency Management prior to January 2 nd each
year.
If any City facilities are closed due to an emergency and /or adverse
weather conditions the decision about which departments or divisions will
be closed and how employees will be compensated is the responsibility of
the City Manager. The City Manager is also responsible for:
1. Coordinating with Department Heads on any City delayed openings
or closings.
2. Designating employee(s) to contact /post delayed openings or
closings with the media.
V. Compensation
A. Emergency Essential Personnel
1. During an Emergency Period Non Exempt "Emergency Essential.
Personnel" who are authorized to perform work for the benefit of
the City shall be paid at a rate of one and one -half times (1.5x) the
base rate pay for normally scheduled hours, and one and one -half
times (1.5x) for all hours worked outside of their regular scheduled
work hours when other employees are on emergency paid
administrative leave. When the City Manager declares that it is
safe for all employees to return to work these employees will be
paid according to the normal pay policy.
2, During an Emergency Period, Exempt Emergency Essential
Personnel who are authorized to perform work for the benefit of the
City shall be compensated by receiving their regular pay and /or
compensatory time (hour for hour) for all hours worked in excess of
their normal work hours during the Emergency Period. The rate of
pay for such additional hours worked shall be equivalent to the
exempt employee's hourly rate. Any compensatory hours
accumulated must be utilized within one (1) year's time from the
date the time was accrued. Each department will provide the
appropriate documents to record their hours worked.
3. All other policies concerning remuneration shall comply with the
City's Employee Handbook and appropriate Federal and State
laws.
Page 4 of 5 Section 3.09
B. Emergency Non Essential Personnel
In the event the City Manager determines that the conditions are such that the
City must delay the opening of City facilities, the following shall apply to non-
exempt Emergency Non essential Personnel for time and pay administration:
1. Employees authorized to leave work due to closed facilities will be on
emergency paid administrative leave.
2. Emergency paid administrative leave will begin when the employee is
dismissed by the City Manager through their department head and will
continue until the City Manager declares it safe for all employees to return
to work.
3. Hours earned during emergency paid administrative leave shall not count
as "hours worked" for the purposes of calculating overtime that may be
earned elsewhere in that week.
4. Employees arriving to work at the designated delayed opening time will be
paid for their regular full work day.
5. Employees arriving to work after the designated delayed opening time will
be paid for the time actually worked, plus the delay in opening. (Ex:
Delayed opening is 10:OOam. Employee arrives at 12 :00 noon. Assuming
employee does not take a meal break. Employee is paid from 12 :00 to
5 :00 -5 hours, plus the 2 hours comp for the delay, giving them a total of 7
hours regular pay.) Employees may choose to supplement any additional
lost time with previously accrued compensatory time or vacation time.
6. Employees that do not report for duty may use their accrued
compensatory -time or vacation time to account for their missed time.
They are not eligible for the City -paid delay. If an employee fails to show
for work or cannot show up for other reasons, the time lost will be Leave
Without Pay, unless other paid leave (vacation or compensatory) is
approved by the department head.
7. Sick Leave cannot be used to make up any lost time caused by delayed
opening or early closing of City facilities.
During the Emergency Period, Exempt "Emergency Non essential Personnel
who are released from their normal workday by the City Manager /Department
Head and are not required to report back to work due to the emergency event
shall receive regular pay for their normal scheduled workday.
Page 5 of 5 Section 3.09
ir -
CHAPTER 5 SECTION 5.03
,,,,," .,
,, . .,
' -` .` GROUP HEALTH DONATED SICK
rig. k p AND RELATED LEAVE
tk--- t%' BENEFITS
Purpose
The City of Pearland recognizes that from time to time, situations
arise wherein an employee may not have enough sick hours to allow
paid time-off. In certain situations, the City of Pearland will allow
employees to donate sick hours to specific individuals who have a
serious need and accrued sick leave is no longer available.
Discussion
Any communication regarding an employee's need for donated hours
must be initiated by the employee. The City will not discuss the
employee's need or desire for donated sick leave or that person's
health condition, as those matters are confidential. Rather, those
donating must learn about the need directly from the affected
employee.
In order to be a recipient of this benefit, one must meet the following
criteria:
• The employee must have worked as a full-time employee at the
City of Pearland for a period of no less than five (5) years.
• The employee must have documented reasons (i.e. approved
FMLA) for having used all accrued paid leave.
• The employee shall have exhausted all their accrued paid
leave.
•
07/25/06 Page 1 of 2 Section 5.03
•
• The employee shall have had no disciplinary action involving
time off, nor two or.more non-time-off disciplinary actions taken
against him/her in the previous three (3) years.
• Requests to receive donated hours shall be submitted by the
individual's supervisor and must be approved by the Human
Resources Director and the City Manager.
Employees wishing to donate sick hours to the recipient shall:
• Write a statement to the Director of Human Resources saying
they wish to donate sick leave hours.
• The statement shall include the name of the recipient and the
number of hours to be donated.
• The statement shall be signed with an original signature.
• Employees can donate a maximum of 45 hours per recipient,
per request.
•
07/25/06 Page 2 of 2 Section 5.03