R2011-145 - 2011-11-14BE 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 Exhibit "A" attached hereto.
ATTEST:
RESOLUTION NO. R2011 -145
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING THE CITY'S EMPLOYEE
HANDBOOK.
PASSED, APPROVED, AND ADOPTED this 14 day of November, A.D., 2011.
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
LeR
TOM REID
MAYOR
CHAPTER 3
COMPENSATION
POLICIES
SECTION 3.02
WORK HOURS AND
ATTENDANCE
Purpose
It is the policy of the City of Pearland to establish official work hours
for all positions to ensure accomplishment of the City's goals and
mission.
Discussion
Exhibit "A"
Resolution No. R2011 -145
Normal hours of operation for offices of the City of Pearland shall be
from 7 :30 a.m. until 5:30 p.m., Monday through Friday, with a one
hour unpaid meal period, usually taken between 11:00 a.m. and 2:00
p.m., except for those employees in departments who have been
assigned different work hours and shifts.
The City has adopted a 40 -hour work week schedule for non exempt
employees with the exception of EMS, Fire, and Jail. Unless
otherwise defined by the City Manager and Director of Finance, the
workweek is determined as a seven (7) consecutive day period
beginning at 12:00 a.m. on Saturday, and ending at 11:59 p.m. on the
following Friday.
Any deviation from a non exempt employee's working hours must be
approved in advance by the appropriate department head. Generally,
working hours for non exempt employees shall be consistent from
day to day and must be consistent and appropriate with the
responsibilities of the position, customer interfaces, and the needs of
the department. Non exempt employees are not permitted to
determine their own work schedule.
In order to assure the continuity of City services, it may be necessary
for department heads to establish other operating hours for their
departments. Work hours and shifts must be arranged accordingly
Page 1 of 4 Section 3,02
and each supervisor is expected to manage work hours efficiently
and effectively. Employees are expected to cooperate when asked to
work overtime or a different schedule.
There are two (2) main work schedules for City of Pearland full -time
employees. Those working a regular schedule have a seven -day
workweek beginning at. 12:01 am. on Saturday and ending at
midnight on the following Friday. Employees following the regular
schedule work eight (8) hour days, forty (40) hours per week.
Employees working a 9/80 schedule will have a workweek defined as
beginning on Friday at 12:00 p.m. (noon) and ending on Friday at
11:59 a.m. Employees working a 9/80 schedule shall work eight (8)
nine -hour days and one (1) eight -hour day over a two -week period.
9/80 employees will have one (1) weekday off (the "10 day every
other week due to the eighty (80) hours being performed over a nine
(9) day period. Each employee shall schedule his /her tenth (10 day
with his /her supervisor in advance of the applicable pay period.
In addition, full -time employees in the Jail Division work a 12 -hour
shift from 6:00 a.m. 6:00 p.m. or 6:00 p.m. 6:00 a.m. Week one
(1) the employee works three (3) 12 -hours days and is off three (3)
12 -hour days. Week two (2) of the pay period, the employee works
three (3) 12 -hour days and is off one (1) 8 -hour day.
Full -time employees in the EMS Division work either a twenty
four /seventy -two (24/72) hour schedule or a rotating twelve (12) hour
schedule, depending on the ambulance to which they have been
assigned.
Firef
2) hour s
e 3 es. errs sa !e!! e:!! e
0u-five—days—eft Some Firefighters are
assigned to twenty -four hours on and forty -eight hours off (24/48)
schedule beginning at 0600 (6:00 a.m.) and ending at 0600 (6:00
a.m.) the following day. This is a 56 hour work week.
Regardless of which schedule an employee works, the City of
Pearland pays wages to both exempt and non- exempt employees on
a bi- weekly basis. Supervisors will determine which schedule an
employee is to work, based on department need, and are responsible
Page 2 of 4 Section 3.02
for confirming that all non exempt personnel are working the required
hours per pay period.
The department head shall determine working hours for part -time and
temporary employees, and shall inform employees of their daily
schedule of work hours, including meal periods and changes in the
work schedules, that are considered necessary or desirable by the
City of Pearland.
The City of Pearland expects all employees to practice good
attendance habits. All employees should regard coming to work on
time, working their shift as scheduled and leaving at the scheduled
time as essential functions of their jobs, (i.e., good attendance habits
are an integral part of every employee's job description). Non-
exempt employees are expected to work the full work period
established. Exempt employees are expected to be at work or
accessible at such times as will permit them to perform their duties
efficiently and to serve the public and assist co- workers in a timely
manner. Among other things, good attendance habits include the
following:
Arriving at work no later than the start of the shift.
Being at the assigned workstation ready for work by the
start of the shift.
Remaining at the assigned workstation unless the needs
of the job require being elsewhere, except during
authorized breaks, including restroom breaks.
Taking only the time normally allowed for breaks /lunch.
Not leaving work until the scheduled end of the shift
unless given advance permission by the supervisor or
department head.
Calling in and personally notifying the supervisor or
another member of management if it is necessary to be
either absent or tardy, unless a verifiable emergency
makes it impossible to do so.
Page 3 of 4 Section 3.02
Whenever possible, offices shall remain open during the meal period
(typically between 11:00am and 2:OOpm) and lunch periods of
employees may be staggered according to specified requirements,
When a department head gives prior approval, employee attendance
at training, lectures, and other meetings outside the normal workplace
will be considered hours of work and will be compensated.
Department heads, at their discretion, may allow non exempt
employees to make -up lost time during a given workweek. However,
make -up will not be allowed if the lost time is the result of conditions
the employee could control, if there is no work the employee is
qualified to do, or if supervision is not available. Time records are to
reflect an accurate account of hours worked.
Variations in work hours may be permitted with approval, in writing,
by the department head, however, the written approval shall be
submitted to Human Resources for retention, and shall remain in
effect until written notification of a change is provided. All changes in
work schedules shall be announced to the employee and Human
Resources as far in advance as practicable.
Department heads and /or supervisors may authorize overtime to non-
exempt employees as needed. Employees shall not work overtime
without the prior approval of their supervisor or department head.
The Chief of Police shall determine schedules for Classified
employees.
Page 4 of 4 Section 3.02
CHAPTER 3
COMPENSATION
POLICIES
SECTION 3.05
OVERTIME FOR
NON EXEMPT
EMPLOYEES
Purpose
Executive, administrative, and professional employees as defined by
the Fair Labor Standards Act (F.L.S.A.) are exempt from the overtime
provisions of the F.L.S.A, and are expected to render necessary and
reasonable overtime services with no additional compensation, The
salaries of these positions are established with this assumption in
mind.
Overtime compensation is paid to all non exempt employees in
accordance with federal and state wage and hour requirements.
At no time are sick leave, bereavement leave, and jury duty to be
considered as hours worked in the calculation of overtime. In order
for a City observed holiday to be considered "hours worked" in the
calculation of overtime, an employee must actually work the City
observed holiday.
Discussion
Non Exempt Employees
When the City's operating requirements or other needs cannot be
met during regular working hours, non exempt employees may be
scheduled to work overtime, at the request of their supervisor. When
possible, advance notification of mandatory overtime assignments will
be provided. Overtime assignments should be distributed as equitably
as practical to all non exempt employees qualified to perform the
required work. Refusal or other failure to work mandatory overtime
may result in disciplinary action, up to and including termination.
Overtime work is otherwise subject to the same attendance policies
as straight time work.
Page 1 of 5 Section 3.05
All non exempt employees must receive their supervisor's
authorization before performing any overtime work. This means
employees may not begin work prior to their scheduled work day, and
may not continue working beyond the end of the scheduled workday,
without prior authorization from the appropriate supervisor. Similarly,
employees may not work through their lunch break without prior
authorization from the appropriate supervisor. Non exempt
employees who work overtime without receiving proper authorization
may be subiect to disciplinary action, up to and including termination
of employment.
Non exempt employees shall be paid at the rate of one and one -half
(1 -1/2) times their regular rate of pay for all actual hours worked over
40 within the seven (7) day work period, (Reference "Work Hours and
Attendance Chapter 3, Section 3.02)
Regular full -time, non exempt employees, including personnel
assigned to 24 hour shifts shall be paid overtime at one and one -half
(1 -1/2) their hourly rate of pay when they work beyond a 40 hour
week, provided they have not taken sick leave, bereavement, and /or
jury duty leave, during that workweek. In the event that sick leave,
bereavement, or jury duty leave is taken during the same workweek
they shall be paid the regular hourly rate for hours worked up to 40. In
order for a holiday to be considered "hours worked" in the calculation
of overtime, an employee must actually work the City observed
holiday, City of Pearland personnel assigned to 24 hour shifts will not
receive overtime pay when no hours have actually been worked the
entire workweek/shift.
Fir D� en t p
bcoaid over#'
when they work beyond Choir normal work h ure provided they have
four (1) -con eoutiv
leave, bcr avemont, and jury duty—leave
Firefighters 4-6
time-for extra hours up to 18 hours, until their next four el)
een-secutive 12 hour chift begins. Fire Department personnel
assigned to twenty -four (24) hour shifts shall be paid overtime at one
and one -half their hourly rate of pay when they work beyond their
normal work hours during a 27 day work period, provided they have
Page 2 of 5
Section 3.05
not taken sick leave, bereavement, and jury duty leave during; that 27
day work period In the event that sick leave, bereavement and jury
duty leave, is taken during a 27 day work period, they shall be paid
straight time for extra hours worked until reaching a total of 204 hours
during a 27 day work period. After 204 hours of straight time is
reached during a 27 day work period, additional hours worked shall
be paid at overtime.
Call -out and On -call Pay
The City of Pearland recognizes that there are times when an
employee may be contacted to report back to the job to resolve an
issue that has manifested itself outside their normal work hours.
When an employee is expected to remain available for call -back, they
are considered to be "on- call Employees designated by their
supervisors to be "on- call" will receive one (1) hour of pay at the
regular rate for the day they are assigned an "on- call" status,
regardless of whether or not they are actually "called out". Employees
scheduled to be "on -call" shall be provided a phone /pager /radio to
allow freedom of movement during this period.
The time an employee is designated to be "on- call he /she is free to
pursue personal activities, but is prohibited from consuming alcohol,
illegal drugs, or any other substance (legal or illegal) that may impair
the employee's ability to perform his duties in a safe and capable
manner. Employees assigned to be "on- call" must respond to a call-
back (pager, phone, radio, etc.) within designated guidelines set by
the individual department and /or department head or designee. If the
employee is impaired and can not perform his/her duties in a safe
and capable manner, the employee will be regarded as "absent" from
a work assignment and is subject to discipline, up to and including
termination.
When Call -Out occurs, non exempt employees shall be granted a
minimum of two (2) hours of "call -out" pay for reporting back to work
outside of their normal working hours. When the employee works
beyond the two (2) hour call -out period, he /she shall be paid for the
full amount of hours worked, to the nearest quarter hour. If the
employee is called out, finishes the job in less than two (2) hours,
returns home and is later called out a second time, beyond the
original two (2) hours, an additional two (2) hours shall be paid. If,
however, the employee is still working during the first call -out, or, the
Page 3 of 5 Section 3.05
employee is in route to their home but has not yet arrived and is
within the initial two (2) hour period, the time shall be considered part
of the original call -out, and shall not entitle the employee to an
additional two (2) hours.
Accumulation and Use of Compensatory Time
All City of Pearland employees, other than exempt and seasonal
employees, shall, in accordance with F.L.S.A., have an option of
receiving compensatory time at the rate of one and one -half (1 /x)
times their regular rate of pay for each hour of approved overtime
worked in lieu of cash, and shall indicate during Orientation by
signing an agreement form, that they choose to take "comp time" in
lieu of pay. This agreement is strictly optional and the employee may
choose to select either method and /or change their mind.
Compensatory time shall be calculated at one and one -half (1.5)
times the number of actual hours worked.
Compensatory time must be provided in accordance with an
agreement or understanding between the employer and the
employee. The agreement shall be in writing and signed by the
employee and the City Manager or his /her designee. The agreement
shall be established with new employees at the time the employee is
hired. It shall be noted that the agreement is not contractual in
nature, and is subject to revision from time to time. Human
Resources shall maintain all compensatory time -off agreements and
Finance shall maintain all compensatory time records.
Limits of Accrual
Nonexempt Classified employees (Police) may accumulate up to 120
hours of unused comp time (80 hours of actual overtime hours
worked) in a comp time bank.
All other non exempt employees may accumulate up to a maximum
of 60 hours of comp time at any one time (40 hours of actual overtime
worked). Once the maximum number of hours is banked, the
employee in question shall be paid cash overtime until the employee
reduces the accumulated comp time by taking time off or by cash
payment.
Page 4 of 5 Section 3.05
An employee who has accrued comp time has the right to request the
use of those hours at any time with appropriate notice. The
supervisor must allow for the use of accumulated comp hours within a
reasonable period after the request is made, unless the employee's
absence from work would "unduly disrupt" the operations of the City.
The City of Pearland does maintain the right to require employees to
use their comp time during periods when the workload is light.
Requests to sell compensatory time must be submitted in writing and
approved by the department head, the Director of Finance, and the
City Manager.
Cashing Out Accrued Compensatory Time
There are three (3) other situations in which the City of Pearland will
"cash out" hours that have accumulated in an employee's comp time
account:
Upon termination of the employment relationship, the
compensatory time account shall be "cashed out
When an employee is promoted from a non exempt position to
an exempt position he /she will be paid in full for any comp time
accrued before the promotion becomes effective (note: Exempt
employees are not eligible to accrue compensatory time),
If the City (to be determined by the Finance Department)
requires non classified, non exempt employees to "cash out"
their comp account to a balance of no less than 20 hours on an
annual basis (Section 142.0016 of the Local Government Code,
allows the City to pay a police officer for all or part of his /her
accumulated compensatory time if both the police officer and
the City agree).
Page 5 of 5 Section 3.05
CHAPTER 4
TIME -OFF
BENEFITS
SECTION 4.00
VACATIONS
Purpose
It is the policy of the City of Pearland to provide for annual vacations
with pay to regular full -time employees in accordance with the
guidelines established in this section. Employees may not take paid
vacation until they have actually earned the vacation.
Discussion
All regular full -time employees shall be entitled to paid vacation leave
based on their length of service with the City of Pearland and the date
of hire. Regular full -time employees hired prior to October 1, 2005
will continue to accrue vacation hours as follows:
From
1 year anniversary
16 year anniversary
20 year anniversary
From
Hire Date
2nd year anniversary
7th year anniversary
16th year anniversary
To the Completion of
the 15 year
the 19 year
employment
Employees hired prior to October 1, 2005 will continue to accrue
vacation time during the first year of employment, however, no paid
vacation shall be allowed until the completion of the first year.
Regular full -time employees hired after October 1, 2005 are entitled
to vacation hours as follows:
To the Completion of
1st anniversary
the 6th year
the 15th year
employment
Annual Vacation
120 hours
160 hours
200 hours
Annual Vacation
80 hours
80 hours
120 hours
160 hours
(After a successful completion of the probationary period, these employees [only] are
eligible to use up to 40 hours prior to their first anniversary).
01/05/06 Page 1 of 4 Section 4.00
Effective September 2011, regular full -time 24 hour shift firefighters
hired after October 1, 2005, are entitled to vacation hours as follows:
From
Hire Date
2 year Anniversary
7 year Anniversary
16 year Anniversary
To the Completion of
1 Anniversary
the 6 year
the 15 year
employment
Annual Vacation
168 hours*
168 hours
241 hours
312 hours
*(After a successful completion of the probationary period, these
employees (only) are eligible to use up to 84 hours prior to their first
anniversary. 40 hour /week certified firefighters shall receive 120
hours or annual vacation until their 16 year anniversary. From that
day until the completion of their employment they shall receive 160
hours).
Employees are strongly encouraged to use their accrued vacation.
Generally, employees must submit vacation plans to their supervisor
at least four weeks in advance of the requested vacation date.
Management reserves the right to determine when some or all
vacation time is taken. Supervisors are responsible for ensuring
adequate staffing levels and should attempt, when feasible, to resolve
conflict based on length of service. An employee, who wants to
change their vacation plan(s) after a schedule has been set, shall
lose their seniority consideration.
Employees who are unable to use their allotted vacation time due to
departmental scheduling or staffing problems, may, with the
approval of the City Manager, receive compensation for half the
remaining balance up to a maximum of forty (40) hours, whichever is
less, For example, an employee with a remaining balance of forty
(40) hours may sell twenty (20) hours; an employee with a remaining
thirty -five (35) hours, may sell 17.5 hours. Requests to receive
compensation in lieu of vacation should be made on the City's official
request form and submitted to Human Resources no sooner than six
(6) weeks of pending anniversary date. Employees may not carry
over unused vacation from one year to the next. Regular full -time 24
hour shift firefighters who are unable to use their allotted vacation
01/05/06 Page 2 of 4 Section 4.00
time due to departmental scheduling or staffing problems may
with the approval of the City Manager, receive compensation for half
the remaining balance up to a maximum of 56 hours, whichever is
less.
Employees who are entitled to a vacation of one- hundred twenty
(120) hours may take their full vacation at one time. Those who are
entitled to a vacation of more than one hundred twenty (120) hours
may take a maximum of three (3) weeks consecutively, with the
balance to be taken separately as full weeks or as individual days.
Regular full -time time 24 hour shift firefighters who are entitled to a
vacation of 168 hours may take their full vacation at one time.
Firefighters who are entitiled to a vacation of more than 168 hours
may take a maximum of 168 consecutively, with the balance to be
taken separately as individual shifts.
In the event that a City observed holiday falls within a scheduled
vacation period, the hours for that holiday will not count as vacation
hours. Vacation time may be taken in hourly increments as long as
the period selected meets with departmental approval and is
recorded as hours. Increments of Tess than one (1) hour may not
be taken as vacation.
Other than a military leave of absence, all employees on a leave of
absence are required to use all accrued paid vacation time as part of
the leave, as specified in Section 4.06. In addition, employees on
unpaid leave of absence will not accrue any new vacation time during
the leave.
Payment in lieu of vacation will be made for unused accrued vacation
at the time of separation, in the event that separation requirements
are met.
An employee holding a Classified position in the Pearland Police
Department will earn fifteen (15) working days vacation with pay each
year. When a Classified employee has been regularly employed in
01/05/06 Page 3 of 4 Section 4.00
the department for at least one year, they shall be entitled to use their
accrued vacation.
The Chief of Police, or his /her designee, shall designate the days of
the week during which a member of the department is not required to
be on duty and the days during which the member is allowed to be on
vacation (Chapter 142.0013 of the Local Government Code).
Classified Police hired after October 1, 2005 are entitled to earn a
minimum of fifteen (15) working days vacation leave with pay after
the first year, as determined by Chapter 143 of the Local Government
Code, up to their 16th anniversary at which time they will be entitled
to 160 hours.
01/05/06 Page 4 of 4 Section 4.00
CHAPTER 4
TIME -OFF
BENEFITS
SECTION 4.01
HOLIDAYS
Purpose
Although not required by the Fair Labor Standard Act, it is the policy
of the City of Pearland to designate and observe certain days each
year as holidays. In order to be eligible for holiday pay, a regular full
time employee is required to work their regularly scheduled hours the
workday preceding the holiday and the workday following the holiday.
An approved vacation day, designated holiday, or compensatory time
taken is considered hours worked for the purpose of holiday pay
eligibility. However, employees who have taken any sick time
immediately before and /or immediately following a holiday must
submit a doctor's excuse upon their return to work verifying that sick
leave was necessary in order to receive holiday pay. This would also
apply to the employee who is scheduled to work the holiday and uses
sick leave on that holiday.
If a holiday falls within a scheduled paid vacation period, the
employee shall receive holiday pay, in lieu of vacation pay. Holidays
will not be paid during any period of leave without pay.
Discussion
The City of Pearland has designated the following dates /days as
holidays to be observed:
New Year's Day
Good Friday
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Eve
Christmas Day
January 1
Friday before Easter
Last Monday in May
July 4
First Monday in September
Fourth Thursday in November
and the following Friday
December 24
December 25
Page 1 of 4 Section 4.01
*Designated Holidays
Two personal days, referred to as
designated holidays, the date of
which are to be determined on an
individual basis between the
supervisor and the employee.
Holidays shall be specified each year by the City Manager and all
City of Pearland offices shall be closed on those specified days, with
the exception of those in emergency categories or where services are
otherwise required. Typically, a holiday falling on a Saturday will be
observed on the preceding Friday and a holiday falling on Sunday will
be observed on the following Monday. The City reserves the right to
change, add, and/or delete a holiday.
*In addition to providing paid time off for the City- observed holidays,
the City of Pearland permits regular full -time employees to take up to
two (2) paid personal days (designated holidays) annually.
Designated holidays may be taken after an employee has
successfully completed the probationary period and must be taken in
increments of no less than eight (8) hours, or no more than 12 hours
depending on the employees regularly assigned schedule /shift.
Designated holidays are available from October 1 through September
30 and do not carry over from year to year.
All City observed holidays, including designated holidays, shall be
paid, taken, or accrued in increments consistent with the employee's
regular assigned schedule /shift with the exception of employees on a
24 hour shift. For example:
8 hours for employees working an 8 -hour per day schedule;
9 hours for employees working a 9/80 schedule (except
when the holiday falls on their 8 -hour day);
10 hours for employees working a 10 -hour per day schedule;
12 hours for employees working a 12 -hour per day schedule;
12 hours for employees working a 24 hour shift.
Twelve hours is the maximum amount the City allows for holiday pay.
Page 2 of 4 Section 4.01
Holiday worked:
A full -time, non- exempt, employee who works a City observed
holiday shall:
1. Be paid for the time worked, and in addition receive pay for
the holiday (see chart above). Hours actually worked beyond
an employee's assigned schedule /shift will be included in the
calculation of overtime far that week.
2. With the approval of the department head, accrue the
holiday at the regular rate to be utilized within 90 days from
accrual.
Depa tent --e
pay-at their regular
net use -any sick I vc during their four ('I)
our shift immediately prior to, or immediate following
the-halliday- 14eurs actually worked b
sob
week:
OR
11 time Firo
2 hours of holiday
cerual-
eulation of overtime for that
When a City observed holiday falls on full -time EMS employee's shift
or a full -time 24 hour firefighter's shift, regardless of whether the
employee works a 12 or 24 hour shift on a City observed holiday,
they will be paid for the time worked and in addition, receive pay for
the holiday (see chart above). Hours actually worked beyond an
employee's assigned schedule /shift will be included in the calculation
of overtime for that week.
Holiday Not Worked:
When a regular full -time, non exempt, forty hour per week
employee's scheduled day off occurs on the same day as a City
observed holiday, the department head may choose to give that
employee an alternate day off within the next 90 days, or pay the
employee for the missed holiday.
Page 3 of 4 Section 4.01
Whcn a Citybserved -he
day-off, they-will-rya
feel rho n u
12 hour shift immo
s
Regular full -time EMS employees who are assigned a 12 or 24 hour
shift and regular full -time Fire employee who are assigned a 24 hour
shift and who have a scheduled day off that occurs on the same day
as a City observed holiday, will receive 12 hours holiday pay at their
regular base rate of pay.
When a City observed holiday and a 9/80 employee's regular
scheduled day off occur on the same day, the 9/80 employee may be
entitled to an alternate day off within the same pay week, with the
approval of the supervisor. If an alternate day off is not approved, the
employee will be compensated for the hours worked, which may lead
to overtime for that week.
An employee, who schedules a Designated Holiday with a supervisor
and is later required to work on that day, will be paid at their regular
base pay for the actual day worked, and will be allowed to select a
different Designated Holiday.
Page 4 of 4 Section 4.01
CHAPTER 4
TIME -OFF
BENEFITS
SECTION 4.04
SICK LEAVE
Purpose
It is the policy of the City of Pearland to permit employees to be
absent from work on an authorized short -term basis for illness or
injury. To help employees maintain their income during these
absences, the City of Pearland will provide compensation according
to the guidelines below.
Discussion
The City of Pearland recognizes that inability to work because of
illness may cause economic hardship. Sick leave should be treated
as a form of insurance and not as extra days off from work. The City
provides paid sick leave to regular full -time employees who have
completed a minimum of ninety (90) days of continued employment,
as set forth below:
Regular full -time employees accrue sick leave at the rate of ten (10)
hours per month to a maximum of 120 hours per year. Regular full
time 24 hour shift firefighters accrue sick leave at the rate of fourteen
(14) hours per month to a maximum of 168 hours per year. New
employees are not allowed to use paid sick leave until they have
worked ninety (90) days of continuous employment. Accumulated
sick leave is the difference between sick leave earned and sick leave
taken. Employees on unpaid leave for a period exceeding 15 days,
will not accrue vacation and /or sick hours.
In order to receive paid sick leave, an employee shall communicate
with his /her immediate supervisor or department head within the first
half -hour of the regular work day on each day of absence, unless
extended medical leave, such as FMLA, has been requested,
properly submitted, and granted by the Director of Human Resources
Page 1 of 3 Section 4.04
as an authorized "serious health condition EMS, Police, and Fire
personnel are required to notify a shift supervisor or department head
at least one (1) hour prior to the start of the scheduled workday on
each day of absence. An employee who fails to report for duty when
assigned to on -call or call -out, shall be reported as "absent from
work and shall not earn the additional hour of pay for being on -call
that day. Sick hours will not be docked, however, repeated and
multiple absences from on -call and /or call -out could result in
disciplinary action, up to and including termination. If the employee
reports to the supervisor in advance that there has been an
emergency, or that they are ill and cannot report for on -call or call
out, the "absence" will be waived.
Upon returning to work after a period of sick leave, the employee
shall submit a signed "Request for Time -Off" form confirming the
number of hours that have been taken as sick. Verification of illness
by a doctor shall be required for all instances of illness exceeding two
(2) consecutive workdays. Verification shall be provided to the
Human Resources Department the day the employee returns to work.
Failure to provide verification will result in a payroll deduction for the
time missed.
An employee's absence due to illness in the immediate family,
doctor's appointment, outpatient treatment or other similar absences
may be charged as sick leave. However, if the leave exceeds two (2)
consecutive workdays, verification of illness shall be provided to the
Human Resources Department on the day the employee returns to
work.
Sick leave hours may accrue to an indefinite amount, so as to protect
an employee from a catastrophic illness or injury. However, the
maximum amount of accrued sick leave to be paid out at termination
of employment is 720 hours for employees hired prior to July 24,
2006, and 360 hours for employees hired after July 24, 2006.
In the event that an employee is absent due to illness for more than
three (3) consecutive days, he /she will be placed on provisional
Family /Medical Leave (if eligible for FMLA per the City's policy) and
forms will be sent to the employee for verification. If the forms are
returned showing the need, FMLA will be designated; if forms do not
confirm the need, the provisional designation expires.
Page 2 of 3 Section 4.04
In the event an employee is absent due to a scheduled vacation, the
employee will be allowed no sick leave for the scheduled vacation
period. The City Manager may grant exceptions in cases of
emergency. However, in these situations, a physician's report shall
be necessary. In addition, once an employee's scheduled designated
holiday has started; an employee will not be allowed to change to
"Sick" leave.
When absence due to illness exceeds the amount of sick leave pay
shall be discontinued until the employee returns to work.
Employees may be placed on "Physical Report Status" by their
supervisor when abuse of medical (sick) leave is observed.
Placement on "Physical Report Status" is likely to occur when
employees have used 40 or more hours of sick leave within any six
month period, excluding FMLA. This status requires the employee to
bring a doctor's excuse for every instance of Sick Leave taken for the
next six months. Having been placed on "Physical Report Status"
shall take points from an employee's performance rating and shall be
used only when a supervisor believes that abuse of medical leave is
occurring.
Prior to being placed on "Physical Report Status an employee
will be notified by their supervisor that abuse is suspected,
documentation of abuse will exist, the designation of "Physical Report
Status" will be authorized by the Director of Human Resources, and
served by official notice to the employee.
Page 3 of 3 Section 4.04
CHAPTER 6
CONDUCT
SECTION 6.08(a)
DRUG FREE
WORKPLACE
PURPOSE
The City of Pearland recognizes that alcohol and /or drug use
increases risk of accidents, decreased productivity, and medical
expenditures. Therefore, the City has a vital interest in maintaining a
safe and efficient working environment. In order to achieve this
environment, City employees are prohibited from reporting to work or
work related activities under the influence of drugs and /or alcohol.
Participation in the Drug Alcohol program is a requirement of each
employee and is a condition of employment.
The City of Pearland maintains a zero tolerance policy. City
employees will be subject to testing and submission to and passing
tests are a condition of employment.
This policy applies to all employees and job applicants. No part of
this policy is intended to conflict in any way with the regulations set
forth by the D If there is a conflict, D.O.T. employees are
responsible to follow the City's D.O.T. policy.
A. Prohibited Activities The following acts are prohibited and
employees who commit these acts shall be subject to
immediate separation from City employment.
1. Consumption of illegal drugs at any time.
2. Abuse or misuse of prescription or over the counter
(OTC) medication.
Page 1 of 11 Section 6.08(a)
3. Consumption of alcohol:
a. While on duty (includes hours worked and breaks)
b. Four hours prior to reporting to work.
c. Eight hours following an accident (or until tested).
d. During on -call status.
e. While wearing city apparel or uniforms.
4. Operating a City vehicle or equipment or conducting City
business while impaired by drugs or under the influence
of alcohol is prohibited.
5. The use or possession of alcohol or illegal drugs in a City
vehicle (whether on or off duty) is prohibited.
6. Unlawful manufacturing, distribution, dispensing,
possessing or using controlled substances in the
workplace.
Employees attending social functions in conjunction with
a training and /or conference may consume a moderate
amount of alcoholic beverages if the function does not
involve the use of a City vehicle and the employee's
conduct does not reflect poorly upon the City.
B. Testing to be performed Drug testing is conducted by
analyzing an employee's urine specimen at a certified lab. The
City may utilize other or additional testing methods if, in the
City's opinion, other methods may yield accurate results.
Alcohol testing will be conducted by breath analysis.
Testing will be conducted for prohibited drugs and drug
metabolites in the following circumstances:
Pre Employment
Random
Post Accident
Reasonable Suspicion
The following prohibited drugs will be tested for:
Marijuana (THC)
Opiates
Phencyclidine (PCP)
Cocaine
Amphetamines
Page 2 of 11 Section 6,08(a)
Testing for alcohol will be conducted in the following
circumstances:
Post Accident
Reasonable Suspicion
Random
Pre employment
November 23, 2009
Any Other Controlled /Illegal Substances
Pre Employment Testing All applicants (including part-
lime and seasonal) are subject to pre employment
testing. Any applicant who refuses the pre employment
test or yields a "positive" result will not be considered for
employment. If a pre employment test is cancelled by an
MRO for any reason, the applicant will be required to take
another one with a verified negative result within 24
hours. All employment offers are contingent upon passing
a drug requisite screenings (i.e., verified negative
res11ttalcohol, drug, etc.).
A verified negative result must be obtained before an
employee begins employment. Applicants, who were
tested more than 90 days prior to beginning of
employment, must have a new pre employment test
performed with a verified negative result.
Random Employees in positions requiring CDLs or in
safety sensitive positions are subject to random testing.
Safety sensitive positions are those which involve a
significant danger to life and /or property and which
include those positions in which the handling and
possession of firearms is required, in which the immediate
protection or defense of human life may be required or in
which the handling or transporting of hazardous materials
is required or positions that may pose a danger to
themselves or others. Random testing selections are
made using a scientifically valid method (computer based
random number generator) and are spread reasonably
throughout all periods of the calendar year (all days and
hours of operation). Each employee subject to this policy
Page 3 of 11 Section 6.O80)
will have an equal chance of being tested each time
random selections are made.
Dates and times for random testing are unannounced and
spread reasonably throughout the calendar year. The
Human Resources Benefits-CeordinaterGeneralist will be
the Designated Employer Representative (DER) for the
City and will ensure all testing is conducted as required.
Human Resources will notify Supervisors when an
employee has been randomly selected. Upon notification,
the Supervisor will ensure the employee proceeds to the
testing site as soon as possible.
An employee's refusal to submit to the random test when
notified, or failure to report to the lab within one (1) hour, will be
considered a test refusal.
3. Reasonable Suspicion A reasonable suspicion drug or
alcohol test will be conducted when a Supervisor or City
official has reason to believe that an employee is under
the influence of alcohol or drugs. Supervisors who
observe the employee must document all observations,
conversations, etc., related to the incident. Reasonable
suspicion must be based on specific, contemporaneous,
and particular observations concerning the appearance,
behavior, speech, and /or body odors of the employee.
Unless the supervisor directly observes the possession,
consumption or inhalation of alcohol or drugs, a second
City supervisor or director must also be notified and
concur inwith the employee's supervisor's reasonable
suspicion before testing can be compelled,
Characteristics indicating reasonable suspicion may
include, but are not limited to:
Abnormal or erratic behavior;
Inconsistent work quality and lowered productivity;
Physical symptoms such as glassy or bloodshot
eyes, slurred speech, unsteady gait, poor
coordination or reflexes;
Deteriorating personal appearance, hygiene, and
ability to get along with co- workers;
Page 4 of 11 Section 6.08(a)
Odor of alcohol, marijuana, or other illegal
substances;
On -the -job injury or accident (see post accident
portion of this policy);
Direct observation of alcohol /drug use or
possession;
A motor vehicle accident
Reasonable suspicion testing for alcohol must be
administered within eight (8) hours after observation;
otherwise attempts to administer the test will cease why
the test was not administered will be documented and
sent to Human Resources.
_e
Reasonable suspicion testing for drugs should be
conducted as soon as practicable but no later than 24
hours after observation; otherwise attempts to administer
the test will cease and why the test was not administered
will be documented and sent to Human
Resources.
Employees being ordered for reasonable suspicion
testing will be transported to the testing facility by either
their direct supervisor, another supervisor from the same
division /department or the department director. The
employee will not be allowed to drive themselves. If an
event giving rise to reasonable suspicion occurs after
normal business hours, the supervisor will transport the
employee directly to the City's designated facility for
testing. The City will make arrangements to have the
employee transported home after the testing is complete.
While waiting for the results of a reasonable suspicion
test, an employee will be placed on administrative leave
pending the outcome of the tests and any investigation.
The employee will not return to the workplace until they
have been authorized to do so by t", e Benefits
Page 5 of 11 Section 6,08(a)
Seer:' Human
Resources or their direct Supervisor.
An employee who refuses to submit to a reasonable
suspicion test will be considered insubordinate (please
refer to the Test Results section for more information), If
this situation arises, the employee will be verbally advised
that successful drug /alcohol screens are a condition of
employment. If an employee requests the option to resign
prior to taking a reasonable suspicion alcohol /drug test,
they may be allowed to do so. However, they will not be
eligible for benefits and will not be considered for re-
employment.
4. Post Accident Testing All City employees who are involved
in motor vehicle, equipment or injury accidents /incidents
while in the course and scope of their employment, are
subject to post accident drug /alcohol testing. All employees
must remain readily available for testing after an accident.
An employee refusing to submit to a post accident
alcohol /drug test will be considered insubordinate.
Employees whose behavior could have contributed to the
accident will also be tested.
Because of potential exposure to liability post accident
testing will be conducted under City Policy. Any employee
involved in c d
aeents /ineide- so and scope of their
-test,
an accident while operating a City vehicle or motorized
equipment will be required to take a drug and alcohol test if:
The accident results in damage or loss to any property
in excess of $1,000, as determined by the supervisor,
or
There is an injury requiring treatment by a healthcare
provider.
Post Accident Alcohol Testing Time Limits Post Accident
testing for alcohol must be administered as soon as
practicable but no later than eight (8) hours after the
Page 6 of 11 Section 6.08(a)
accident; otherwise attempts to administer the test will cease
and why the test was not administered will be documented.
Undocumented /unsubstantiated reasons for not testing
immediately will be considered a refusal to test. Ae
en* GYe
a- verified -roe- Employees will
not be allowed to drive a City vehicle until the test results
have been confirmed to be negative.:
Post Accident Drug Testing Time Limits Post Accident
testing for drugs must be conducted as soon as practicable
but no later than 24 hours after the incident; otherwise
attempts to administer the test will cease and why the test
was not administered will be documented.
Undocumented /unsubstantiated reasons for not testing
immediately will be considered a refusal to test. Employees
will not be allowed to drive a City vehicle until the test results
have been confirmed to be negative, t
negativo drug results received.
Post accident testing may be delayed while the employee
assists in resolution of the accident or receives medical
attention following the accident.
C. Test Results Test results will be classified as Negative,
Positive, or Test Refusal:
Negative Verified negative result is acceptable for
drug testing. For alcohol, a verified test result below
0.042 is acceptable.
Positive Per City policy, all tests producing
positive results will result in termination. The
following test results will constitute a— positive
results:
o Verified positive result for drugs.
o Verified BAC (Breath Alcohol Content)>
0.042.
Page 7 of 11 Section 6.08(a)
Test Refusal Per City policy, the submissions to
alcohol and drug testing is a condition of
employment, a refusal to submit to appropriate
testing will be considered insubordination. Test
refusals are considered as positive test results and
will result in termination of employment. An
employee will be deemed to have refused to take an
alcohol/drug test if:
o They fail to appear for a test within a
reasonable time, as defined by the employer.
o They fail to remain at the testing site until the
testing process is complete.
o They fail to provide a breath or urine
specimen as required.
o They fail to permit an observed or monitored
collection specimen when required.
o They fail to provide a sufficient amount of
volume with no valid medical explanation.
o They fail or decline to take an additional
drug /alcohol test as directed by the employer
or collector.
o They fail to undergo a medical exam or
evaluation when required.
a They fail to cooperate with any part of the
testing process (i.e., refusal to empty pockets,
wash hands, remove hat, etc.).
o The MRO reports the presence of a verified
adulterated or substituted test result.
o They refuse to sign Step 2 of the Alcohol Test
Form (ATF).
o They leave the scene of an accident without
just cause prior to submitting to a test.
Positive drug test will be reviewed by the Medical Review
Officer (MRO) who will contact the employee and conduct
an interview to determine if there is an alternative medical
explanation for the positive test result. If the employee
provides appropriate documentation and the MRO
determines there is a legitimate medical use of the
Page 8 of 11 Section 6.08(a)
Test Result
Outcome
Negative Dilute (creatinine
level is �y 5 mg /dl)
Retest will be done unobserved
Negative Dilute creatinine
level is between 2 -5 mg /dl
Retest will be done under direct
observation
Fatal flaw rejected
Retest will be done under direct
observation
Invalid result (without
medical explanation)
Retest will be done under direct
observation
Primary is positive
adulterated /substituted
and split is unavailable or
invalid
Retest will be done under direct
observation
Primary is positive and
split test fails to reconfirm
Test is considered cancelled
substance, the test result will be reported to the City as
negative.
D. Notification of Test Results The City's testing facility will notify
the City of any negative results. The MRO will notify the
employee and the City of any verified positive results.
E. Retesting the following outcomes will result in retesting:
Consequences Employees, whose test result is positive for
drugs or alcohol, will be immediately placed on administrative
leave pending verified results and any decision regarding
disciplinary action. The City of Pearland has a "zero" tolerance
policy and employees with positive test results will be
terminated under City policy. An employee who violates this
policy will not be considered for re- employment.
An employee who is tested and has an alcohol concentration of
.02 to 0.039 will not be permitted to perform job functions for a
minimum of twenty -four (24) hours and will be disciplined under
City Policy. If a tested employee has an alcohol concentration
of .042 or greater they will be terminated.
Page 9 of 11 Section 6.08(a)
G. Prescription and Over the Counter (OTC) Medications Some
prescriptions and OTC medications may adversely affect an
employee's ability to perform their job safely. The employee is
responsible for discussing their job duties with their physician.
The physician is responsible for evaluating the employee's
ability to safely perform their job duties. Employees who are
medically disqualified from performing their job duties while
taking medication will immediately notify their supervisor and
tho Benefits Coordinator or Director of Human Resources. All
employees are required to notify their supervisor when taking
any prescription or non- prescription medication that may
interfere with the safe performance of their job duties. The
supervisor may either temporarily re- assign them or place them
on sick leave. Re- assignment is not to be considered a
permanent appointment and is to be temporary in nature with a
specific ending date. Failure to comply may result in disciplinary
action up to and including termination of employment.
Employees should read all warning labels for OTC medications
and should seek alternatives to those that indicate they affect
mental functioning, motor skills, or judgment. Employees are
encouraged to seek assistance from their physician or
pharmacist in identifying alternative medications or treatments.
Employees should never misuse OTC medicines by taking
them longer or in higher doses than the label recommends.
Some medicines may interact with food and beverages, as well
as with health conditions such as diabetes, kidney disease, and
high blood pressure. Employees must read the warning labels
to find out what foods or situations to avoid when taking the
medication. If employees are taking more than one OTC
medication, compare the active ingredients. Employees should
not take two medicines with the same active ingredients unless
instructed by their physician or other healthcare professional.
H. Employee Admission of Drug /Alcohol Use An employee who
admits to alcohol misuse or drug use must do so in accordance
with the policy and the City's Employee Assistance Program
(EAP); previ4ed -the employee may not self identify in order to
avoid the testing requirements of this policy. The employee
Page 10 of 11 Section 6.08(a)
must make the admission prior to performing a job function
(prior to reporting to duty). After admission, the employee may
not perform their job function until the City is satisfied that the
employee has been evaluated and has successfully completed
educational and treatment requirements. A drug and alcohol
abuse evaluation expert, i.e,, an EAP professional, SAP, or a
qualified drug and alcohol counselor will determine successful
completion. Prior to the employee resuming their job duties, the
employee must undergo a return to duty alcohol test with a
result of less than 0.02 and /or a return to duty drug test with a
negative test result.
Confidentiality All information relating to alcohol or drug
testing will be protected by the City of Pearland as confidential
unless disclosure is otherwise authorized by law or authorized
in writing by the employee. All results will be maintained in a
confidential file within the Human Resources Department.
J. Record Retention Drug /Alcohol testing results will be
maintained under this policy by the Human Resources
Department for three (3) years as the law allows.
K. Contact Questions regarding this policy should be directed to
the Benefits Coordinator at 281 652 -1617 or Human Resources
at 281 652 -1656.
Page 11 of 11 Section 6.08(a)
CHAPTER 6
CONDUCT
SECTION 6.08(b)
DRUG AND ALCOHOL
POLICY DOT
PURPOSE
The City of Pearland recognizes that drug and alcohol abuse
increases risk of accidents; decreased productivity, and medical
expenditures. Therefore, the City has a vital interest in maintaining a
safe and efficient working environment. In order to achieve this
environment, City employees are prohibited from reporting to work or
work related activities under the influence of drugs and /or alcohol.
Participation in the Drug Alcohol Program is a requirement of each
employee and is a condition of employment.
The City of Pearland employs persons in positions that are regulated
by the U.S. Department of Transportation (DOT). City employees
who drive a commercial motor vehicle requiring a Commercial
Driver's License (CDL) as a part of their duties are subject to alcohol
and drug testing as mandated by DOT, Federal Motor Carrier Safety
Administration (FMCSA), and Federal Transit Administration (FTA),
and as outlined in this policy. The City will comply with the regulations
set forth by the DOT.
In order to assure compliance with related regulations, employees are
to defer to 49 CFR, Parts 40, 382, and 655 of the DOT regulations
regarding testing, test administration, etc.
This policy applies to all employees and job applicants of positions
within the City of Pearland that are designated as DOT regulated
positions.
An employee is considered to be performing a safety sensitive
function during any period in which he/ she is actually performing,
Page 1 of 16 Section 6,08(b)
ready to perform, or immediately available to perform any safety
sensitive function and includes all times in which an employee begins
to work or is required to be in readiness to work (i.e., during on -call
status) until the time he /she is relieved from all responsibility for
performing work.
The City's designation of positions determined to be in DOT regulated
positions are determined by the job title and function. Generally,
positions requiring a Commercial Drivers License (CDL) pursuant to
the FMCSA or the FTA are subject to DOT provisions. This policy is
in addition to, not in lieu of, the provisions of the City's Drug and
Alcohol Policy. DOT tests will be separate from non -DOT tests in all
respects. DOT tests take priority and will be conducted and
completed before a non -DOT test. Testing procedures that ensure
accuracy, reliability, and confidentiality of results will be followed
pursuant to DOT regulations.
A, Prohibited Activities- The following acts are prohibited and
employees who commit these acts shall be subjected to
immediate separation from City employment:
1. Consumption of illegal drugs at any time. Employees may
be tested anytime they are on -duty; off duty use may
result in an on -duty positive drug test.
2. Consumption of alcohol:
a. Four hours prior to performing a safety- sensitive
function.
b. Eight hours following an accident.
c. While on call.
d. Blood alcohol concentration of 0.04 or greater when
performing a safety sensitive function.
3. Unlawful manufacturing, distributing, dispensing,
possessing or using controlled substance in the
workplace.
Page 2 of 16 Section 6.08(b)
Testing to be performed Drug testing is conducted by
analyzing an employee's urine specimen at a lab certified by
the U.S. Department of Health and Human Services. The
employee will provide a specimen in a location that affords
privacy. The "collector" divides the specimen into two bottles
(known as "split specimen in the presence of the donor, seals
and labels it, completes a chain of custody form, and prepares
the specimen and accompanying paperwork for shipment to a
drug testing laboratory.
Upon verification of a positive test result/the MRO will notify the
employee of the right to have the split specimen tested within
72 hours. The testing of the split specimen will be conducted at
the expense of the employee.
Testing will be conducted for prohibited drugs and drug metabolites in
the following circumstances:
Pre Employment
Random
Return to Duty/ Follow- Up
Post Accident
Reasonable Suspicion
The following prohibited drugs will be tested for:
Marijuana (THC)
Opiates
Phencyclidine (PCP)
Cocaine
Amphetamines
Page 3 of 16 Section 6,08(b)
Testing for alcohol will be conducted via breath analysis in the
following circumstances:
Random
Post Accident
Reasonable Suspicion
Return to duty /Follow -up
Whenever the term "drug," "drugs," or "controlled substances" are
used in this policy, it is in reference to the substances listed above.
The City will not test for any other substances under this policy. The
City may, however, test for other controlled substances pursuant to
its general Drug and Alcohol Policy.
1. Pre- Employment Testing- All applicants for employment
(including part -time and seasonal) are subject to pre
employment testing.
a. If a pre employment test is cancelled for any
reason, the applicant will be required to take
another with a verified negative result. All
employment offers are contingent upon passing a
drug screen with a negative result and before
performing safety sensitive job duties.
b. Pre employment tests are also required when
employees are promoted, demoted, or transferred
into a DOT regulated position.
c. Previous Employer information the City is required,
with the applicant's written consent, to obtain
information from previous DOT regulated employers
for the past two years prior to the date of
application, promotion, or transfer. The City will ask
the previous employer for alcohol test results of
0.04 or greater, verified positive drug test results,
Page 4 of 16 Section 6.08(b)
refusals to test including verified adulterated or
substituted drug test results), and any other
violation of DOT drug and alcohol testing
regulations. The City will obtain and review the
information prior to hiring. The City will also ask the
applicant if they tested positive, or refused to test on
any pre employment drug or alcohol test
administered by an employer to which the employee
applied during the past two (2) years. If the person
admits to such a conduct, the applicant will not be
hired or if they are a currently employee, they will be
not permitted to perform safety sensitive functions.
If the person refuses to provide the City with the
required written consent, they will not be hired or if
they are currently employed, will not be permitted to
perform safety sensitive functions.
d, If the previous employer's response is not obtained
within 30 days, the employee will not be allowed to
perform DOT functions unless there is
documentation of good faith efforts. Evidence of
successful completion of a rehabilitation program
must be provided from an applicant who previously
failed a DOT drug test. The City will maintain a
written, confidential record of the information it
obtains and /or the good faith efforts it made to
obtain the information and will retain it for a
minimum of three (3) years.
2. Random Random testing selections are made using a
scientifically valid method (computer based random
number generator) and are spread reasonably throughout
all periods of the calendar year (all days and hours of
operation). Each employee subject to this policy will have
Page 5 of 16 Section 6,08(b)
an equal chance of being tested each time random
selections are made. The number of employees
randomly selected will be in accordance with applicable
DOT regulations. Each employee randomly selected for
testing will be tested during the selection period, Each
employee selected for random testing must proceed to
the test site immediately after notification. If the employee
is performing a safety- sensitive function at the time of
notification, the City will ensure that the employee ceases
to perform the safety sensitive function and proceeds to
the testing site within one (1) hour. Refusal to submit to
random testing when notified or failure to report to the
designated lab within one (1) hour will be considered a
test refusal. The Benefits Coordinator will be the
Designated Employer Representative (DER) for the City
of Pearland and will ensure all testing is conducted as
required.
Reasonable suspicion A reasonable suspicion test will
be conducted if trained supervisor has reason to believe
that an employee is in violation of this policy and the
trained supervisor completes the "Supervisor's Checklist
for Reasonable Suspicion" form. The reasonable
suspicion must be based on specific, contemporaneous,
and particular observations concerning the appearance,
behavior, speech, and /or body odors of the employee.
a. Reasonable suspicion alcohol testing is permitted
only if the reasonable suspicion observation is
made during, just before, or just after, the period of
the work day the employee is required to be in
compliance with this policy. If reasonable suspicion
alcohol testing cannot be administered within two
(2) hours after observation, a written statement
Page 6 of 16 Section 6.08(b)
explaining why the test was not promptly
administered must be given to the Director of
Human Resources. If reasonable suspicion alcohol
testing cannot be administered within eight (8)
hours after the observation, the City will cease
attempts to administer the test and document why
the test was not administered.
Reasonable suspicion drug testing will be
conducted as soon as practicable but no later than
24 hours after the reasonable suspicion
observation. If the employee is not tested within 24
hours, the supervisor must submit a written report
documenting the reason why to the Director of
Human Resources.
c. Employees being ordered for reasonable suspicion
testing will be transported to the testing facility by
either their direct supervisor, another supervisor
within the department or their director. The
employee will not be allowed to drive themselves. If
a reasonable suspicion occurs after hours, the
supervisor will transport the employee directly to the
City's designated facility for testing. The City will
make arrangements to have the employee
transported home after the testing is complete.
d. If a DOT regulated employee refuses to submit to a
reasonable suspicion test, they will be verbally
advised that successful drug /alcohol tests are a
condition of employment.
e. While waiting for the results of a reasonable
suspicion test, an employee will be placed on
Page 7 of 16 Section 6.08(b)
administrative leave with pay pending the outcome
of the test and subsequent investigation. The
employee should not return to the work place until
they have been contacted by the Benefits
Coordinator or their direct supervisor advising them
to do so.
4. Post Accident Testing In accordance with DOT 49 CFR,
Parts 40, 382, and 655, DOT regulated employees will be
tested following applicable incidents /accidents. Post
accident testing will include alcohol and drug testing.
When considering DOT post accident testing, all covered
employees whose performance could have contributed to
the accident will be tested (dispatcher, mechanic,
passenger, etc).
Employees must remain readily available for testing after
an accident. An employee will not return to duty or
perform safety sensitive job functions until a verified
negative alcohol and drug result is received. An
employee refusing a post accident test will be considered
a test refusal,
a. Post accident testing will be conducted in
accordance with DOT 49 CFR, Part 655.44
Regulations (FTA), if:
There is a fatality
One or more of the vehicles suffer disabling
damage that requires a tow away from the site
(disabling damage is damage that prevents
the vehicles from leaving the scene in its
usual manner, in daylight, after simple
repairs.)
An individual requires immediate medical
treatment away from the scene.
Page 8 of 16 Section 6.08(b)
Please refer to City policy Post Accident guidelines for more
testing requirements.
b. Post accident testing will be conducted in
accordance with DOT 49 CFR, Part 382.303
Regulations (FMCSA), if:
There is a fatality
The City driver/ operator is issued a citation
within 8 to 32 hours of the occurrence due to a
violation arising from the accident, tests will be
performed if:
An individual requires immediate
medical treatment away from the scene.
One or more of the vehicles suffer
disabling damage that requires a tow
away from the site (disabling damage is
damage that prevents the vehicles from
leaving the scene in its usual manner, in
daylight, after simple repairs.)
Please refer to City policy Post Accident guidelines for more
testing requirements.
c. Time Limits
1) DOT Alcohol Post Accident Time Limits- Test
should be performed as soon as possible, but
no later than eight (8) hours following the
accident. Post accident testing is stayed while
the employee assists in the resolution of the
accident or receives medical attention
following the accident. If alcohol testing
cannot be performed within two (2) hours, the
reason for delay must be documented and
efforts must continue to administer the test. If
Page 9 of 16 Section 6.08(b)
alcohol testing cannot be performed with in
eight (8) hours, all attempts should cease and
documented as to the reason for the test
failure.
2) DOT Drug Post Accident Time Limits- Test
should be performed as soon as possible but
no later than thirty -two (32) hours following the
accident Post accident testing is stayed while
the employee assists in resolution of the
accident or receives medical attention
following the accident. If the drug testing
cannot be performed with in the required time,
all attempts should cease and documented as
to the reason for the test failure.
5. Return to Work
a. If an employee is on leave for 90 days or more, they
are required to have a pre- employment test
completed and passed prior to returning to duty.
Applicants who were tested more than 90 days prior
to performing safety- sensitive duties must have a
new pre employment test performed and passed
before performing safety sensitive duties.
C. Test Results All Drug test results will be reviewed and
interpreted by a Medical Review Officer (MRO) before they are
reported to the City of Pearland. When a positive result is
received, the MRO will contact the employee and conduct an
interview to determine if there is an alternative medical
explanation for the drug(s) found in their urine specimen. If the
employee provides appropriate documentation and the MRO
Page 10 of 16 Section 6.08(b)
determines there is a legitimate medical use of the prohibited
drug(s), the test will be reported to the City as negative.
Test results will be classified as Negative, Positive or Test
Refusal:
Negative a verified negative result is acceptable for
drug testing. For alcohol, a verified test result below 0.04
is acceptable per DOT regulations),
Positive The following test results will constitute a
positive result:
Verified positive result.
Verified BAC (Breath Alcohol Content) >0.04.
Test Refusal Test refusals are considered positive tests
results.
An employee is considered to have refused to take an
alcohol /drug test if:
They fail to appear for a test within a reasonable
time, as defined by the employer.
They fail to remain at the testing site until the testing
process is complete.
They refuse or fail to provide a breath or urine
specimen as required.
They fail to permit an observed collection specimen
when required.
They fail to provide sufficient amount of volume with
no valid medical explanation.
They fail or decline to take an additional
drug /alcohol test as directed by the employer or
collector.
They fail to undergo a medical exam or evaluation
when required.
Page 11 of 16 Section 6.08(10
Test Result
Outcome
Negative Dilute (creatinine level is
5 mg /dl)
Retest will be done unobserved
Negative Dilute (creatinine level is
between 2 -5 mg /dl)
Retest will be done under direct
observation
Fatal Flaw rejected
Retest will be done under direct
observation
Invalid result (without medical
explanation)
Retest will be done under direct
observation
They fail to cooperate with any part of the testing
process (Le. refusal to empty pockets, wash hands,
remove hat, are confrontational).
MRO verification of a test as adulterated or
substituted,
They refuse to sign Step 2 of the Alcohol Test Form
(ATF).
They leave the scene of an accident without just
cause prior to submitting to a test.
Although there are no consequences under DOT regulations for
a DOT regulated employee to refuse a non -DOT test, such a
refusal may warrant termination of employment under the City's
general Drug and Alcohol policy,
Notification of Test Results the City will notify applicants of
verified positive test results in writing. The City will notify an
employee of the results of random, reasonable suspicion, and
post accident drug tests if the results are verified positive, and
also which controlled substance(s) are verified positive. The
City will also make reasonable efforts to notify any employee
who tested positive but is unreachable by the MRO. They will
be notified to contact the MRO within 72 hours.
E. Retesting- the following outcomes will result in retesting:
Page 12 of 16
Section 6.08(b)
Primary is positive adulterated/
substituted and split is
unavailable or invalid
Retest will be done under direct
observation
Primary is positive and split test
fails to reconfirm
Test is considered Cancelled
Primary is adulterated/
substituted and split fails to
confirm adulteration/ substitution
Test is considered cancelled
Primary is positive and split fails
to confirm but is adulterated
Test primary for adulteration
Consequences Employees who are found to be positive of
drug /alcohol substance will be immediately removed from
performing safety sensitive functions.
1, An employee who is tested and has a—an alcohol
concentration of .02 to 0.039 will not be permitted to
perform safety sensitive functions for a minimum of
twenty- four (24) hours and will be disciplined under City
Policy. If a tested employee has an alcohol concentration
of .04 or greater, they will be terminated and receive
referral to a Substance Abuse Professional (SAP,).
2. Employees and applicants with positive results will be
provided with information regarding Substance Abuse
Professionals (SAPs).
An employee's refusal to submit to random testing when
notified, or failure to report to the lab within one (1) hour,
will be considered a test refusal. All test refusals (under
DOT regulations) are considered positives and will be
terminated from employment under City Policy.
Page 13 of 16 Section 6,08(b)
4. An employee's refusal to submit to reasonable suspicion
testing will be considered a test refusal. All test refusals
(under DOT regulations) are considered positives and will
be terminated from employment under City Policy. The
date the test refusal occurs will be the final work day of
the employee and they will not be eligible for discretionary
benefits.
5. Applicants who refuse to test or who yield a positive test
result, will not be considered for employment,
Prescription and Over the Counter (OTC) medications Some
prescriptions and OTC medications may adversely affect an
employee's ability to perform their job safely. Employees are
responsible for discussing their job duties with their physician,
expressly if they are a DOT regulated employee. For more
guidelines on OTC medications, please refer to the City Drug
and Alcohol Policy. An employee shall not report for duty
requiring the performance of safety sensitive functions if they
use any controlled substance except when the use is pursuant
to the instructions of a licensed medical practitioner who has
advised the employee that the substance will not adversely
affect the employee's ability to safely operate a commercial
motor vehicle.
H. Employee Admission of Drug /Alcohol Use An Employee who
admits to alcohol misuse or drug use must do so in accordance
with the City's Drug and Alcohol policy, provided the employee
may not self identify in order to avoid the testing requirements
of this DOT Policy. The employee must make the admission
prior to performing a safety sensitive function (prior to reporting
to duty). After admission the employee may not perform a
safety sensitive function until the City is satisfied that the
employee has been evaluated and has successfully completed
Page 14 of 16 Section 6.08(b)
educational and treatment requirements. A drug and alcohol
abuse evaluation expert, i.e. an EAP professional, SAP, or
qualified drug and alcohol counselor will determine successful
completion. Prior to the employee performing safety sensitive
functions, the employee must undergo a return to duty alcohol
test with a result of less than 0.02 and /or a return to duty drug
test with a negative test result.
Confidentiality All information relating to alcohol or drug
testing will be protected by the City of Pearland as confidential
unless otherwise required by law or authorized in writing by the
employee. All results will be maintained in a confidential file
within the Human Resources Department.
1. Records will be released to subsequent employers with a
written request from the covered employee. Without the
employee's written consent, records must be released only
to those who are authorized under DOT rules.
2. City employees who make a reasonable suspicion
observation or who witness an accident must also maintain
confidentiality. Breach of confidentiality relating to test
results, or any other related matters, will likely result in
disciplinary action, up to and including termination of
employment.
J. Records Retention The City will maintain records under this
policy as mandated by DOT regulations.
K. Education and Training Per DOT regulations, DOT regulated
employees will receive 60 minutes of training on the effects and
consequences of prohibited drug use on personal health,
safety, and work environment, and the signs and symptoms
that may indicate prohibited drug use.
Page 15 of 16 Section 6.08 {b)
DOT Supervisors and /or employees authorized by the employer
to make reasonable suspicion determinations will receive 60
minutes of training on the physical, behavioral and performance
indicators of probable drug use and 60 minutes of training on
the physical and behavioral, speech, and performance
indicators of probable alcohol misuse. Supervisors must also
be trained in the proper procedures for confronting and referring
the employee for testing.
This training will be conducted /coordinated by Human
Resources.
L. Contact Questions regarding this policy should be directed to
Benefits Coordinator at 281M52-1617.
Page 16 of 16 Section 6.08(b)
MEMORANDUM PFD 11-08
TO: BILL EISEN, CITY MANAGER
FROM: VANCE RILEY, FIRE CHIEF
CC: CLAIRE BOGARD, BONITA HALL, LAWRENCE PROVINS
SUBJECT: FIRE FIGHTER WORK HOURS, ATTENDANCE, VACATION AND
SICK LEAVE
DATE: # SEPTEMBER 2011
To clear up some policy ambiguities in the COP Employee Handbook due to a change of
all full-time shift fire fighters to a 24 hour shift we are making the following
recommendations to be effective immediately:
1. Change Section 3.02 Work Hours and Attendance, Page 2 of 4, Paragraph 5 to
read as follows: "Some Firefighters are assigned to twenty-four hours on/forty-
eight hours off (24/48) schedule beginning at 0600 (6:00 a.m.) and ending at
0600 (6:00 a.m.)the following day. This is a 56 hour work week."
2. Change Section 3.05 Overtime for Non-Exempt Employees, Page 2 of 5,
Paragraph 4 to read as follows: "Fire Department personnel assigned to twenty-
four (24) hour shifts shall be paid overtime at one and one-half their hourly rate of
pay when they work beyond their normal work hours during a 27 day work
period, provided they have not taken sick leave, bereavement, and jury duty
leave during that 27 day work period. In the event that sick leave, bereavement
and jury duty leave, is taken during a 27 day work period, they shall be paid
straight time for extra hours worked until reaching a total of 204 hours during a
27 day work period. After 204 hours of straight time is reached during a 27 day
work period, additional hours worked shall be paid at overtime."
3, Change 3.05, Page 4 of 5, To add a Paragraph after Paragraph 2 to read as
follows: "Non-exempt Fire Employees may accumulate up to 84 hours of unused
comp time (56 hours of actual overtime worked) in comp time bank."
4, Change 4.00 Vacations, Page 1 of 3, to add a Paragraph at the bottom of the
page to read as follows: " Effective September##, 2011, regular full-time 24 hour
shift fire fighters hired after 1 October 2005 are entitled to vacation hours as
follows:
From To the Completion of Annual Vacation
Hire Date 1st Anniversary 168 hours*
2"d year anniversary the 6th year 168 hours
7th year anniversary the 15th year 240 hours
1611 year anniversary employment 312 hours
*(After a successful completion of the probationary period, these employees (only) are
eligible to use up to 84 hours prior to their first anniversary. 40 hour/week certified fire
fighters shall receive 120 hours of annual vacation until their 16`1 year anniversary.
From that day until the completion of their employment they shall receive 160 hours)."
5. Change 4.00, Page 2 of 3, Add sentence to Paragraph 3: "Regular full-time 24
hour shift fire fighters who are unable to use their allotted vacation time due to
departmental scheduling or staffing problems, may with the approval of the
City Manager, receive compensation for half the remaining balance up to a
maximum of 56 hours, whichever is less.
6. Change 4.00, Page 2 of 3, Add sentence after Paragraph 4 to read as follows:
"Regular full-time 24 hour shift fire fighters who are entitled to a vacation of one
hundred sixty-eight (168) hours may take their full vacation at one time. Fire
Fighters who are entitled to a vacation of more than one hundred-sixty eight
(168) hours may take a maximum of one hundred sixty eight (168) hours
consecutively, with the balance to be taken separately as individual shifts.
7. Change 4.01 Holidays, Page 3 of 4, Remove Paragraph 2 and change
Paragraph 3 to read"When a City observed holiday falls on a full-time EMS
employee's shift or a full-time 24 hour fire fighter's shift, regardless of whether
the employee works a 12 or 24 hours shift on a City-observed holiday, they will
be paid for the time worked and in addition, receive pay for the holiday...
8. Change 4.01, Page 4 of 4, Remove Paragraph 1 and change Paragraph 2 to
read: "Regular full-time EMS employees who are assigned a 12 or 24 hour shift
and regular full-time Fire employees who are assigned a 24 hour shift and who
have a scheduled day off that occurs on the same day as a City observed
holiday, will receive 12 hours holiday pay at their regular base rate of pay."
9. Change 4.04, Page 1 of 3, Paragraph 3 to read as follows: "Regular full-time
employees accrue sick leave at the rate of ten (10) hours per month to a
maximum of 120 hours per year. Regular full-time 24 hour shift fire fighters
accrue sick leave at the rate of fourteen (14) hours per month to a maximum of
168 hours per year. New employees are not allowed..."
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