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HomeMy WebLinkAboutResolution 2008-168 amendments to personnel polices revising chapters 3, 4 and 6*5/6/09 Scrivener's Error, Section 5 is eliminated. Because there was no supermajority vote, the emergency clause was removed, MARANA RESOLUTION N0.2008-168 RELATING TO PERSONNEL; APPROVING AND ADOPTING AMENDMENTS TO THE TOWN'S PERSONNEL POLICIES AND PROCEDURES, REVISING CHAPTER 3 - COMPENSATION, CHAPTER 4 -EMPLOYMENT BENEFITS, AND CHAPTER 6 - EMPLOYEE DEVELOPMENT*~l~l-LI~r~PT,.T~r~~ r WHEREAS Section 3-3-3 of the Marana Town Code provides that the Town Council may adopt personnel rules, regulations and policies that follow the generally accepted principles of good personnel administration and which may be modified or changed from time to time; and WHEREAS the Town Council adopted Personnel Policies and Procedures via Town of Marana Ordinance 99.12 and Resolution 99-38 on May 18, 1999; and WHEREAS Ordinance 99.12 and Resolution 99-38 provide that the Town Council may amend and revise the Town's Personnel Policies and Procedures after any proposed amendments have been submitted to the Council for consideration at a previous Council meeting; and WHEREAS Town staff presented proposed amendments to the Town's Personnel Policies and Procedures at its November 18, 2008 meeting; and WHEREAS the Council finds that adoption of the amendments to the Town's Personnel Policies and Procedures is in the best interests of the Town and its employees. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: Section 1. Chapter 3 of the Town's Personnel Policies and Procedures, entitled "Compensation," is hereby amended as set forth on Exhibit A attached to this resolution. Section 2. Chapter 4 of the Town's Personnel Policies and Procedures, entitled "Employment Benefits," is hereby amended as set forth on Exhibit B attached to this resolution. Section 3. Chapter 6 of the Town's Personnel Policies and Procedures, entitled "Employee Development," is hereby amended as set forth on Exhibit C attached to this resolution. {00012043.DOC /} JF 12/5/08 Section 4. The Town's. manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the aforementioned amendments. ~ S~ien~:--i~ r,sec-~e~:Tar3=-fm-tke~~er~~ie~rt~i~ea e ~.v.,~*,, ,,,a „~ ~. „~. ~, T ey-i~,-llerel~y de ~~ PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 16th day of December, 2008. Mayor Ed onea ATTEST: celyn C ronson, Town Clerk {00012043.DOC /} -2- MARANA RESOLUTION N0.2008-168 RELATING TO PERSONNEL; APPROVING AND ADOPTING AMENDMENTS TO THE TOWN'S PERSONNEL POLICIES AND PROCEDURES, REVISING CHAPTER 3 - COMPENSATION, CHAPTER 4 -EMPLOYMENT BENEFITS, AND CHAPTER 6 - EMPLOYEE DEVELOPMENT; AND DECLARING AN EMERGENCY WHEREAS Section 3-3-3 of the Marana Town Code provides that the Town Council may adopt personnel rules, regulations and policies that follow the generally accepted principles of good personnel administration and which maybe modified or changed from time to time; and WHEREAS the Town Council adopted Personnel Policies and Procedures via Town of Marana Ordinance 99.12 and Resolution 99-38 on May 18, 1999; and WHEREAS Ordinance 99.12 and Resolution 99-38 provide that the Town Council may amend and revise the Town's Personnel Policies and Procedures after any proposed amendments have been submitted to the Council for consideration at a previous Council meeting; and WHEREAS Town staff presented proposed amendments to the Town's Personnel Policies and Procedures at its November 18, 2008 meeting; and WHEREAS the Council finds that adoption of the amendments to the Town's Personnel Policies and Procedures is in the best interests of the Town and its employees. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: Section 1. Chapter 3 of the Town's Personnel Policies and Procedures, entitled "Compensation," is hereby amended as set forth on Exhibit A attached to this resolution. Section 2. Chapter 4 of the Town's Personnel Policies and Procedures, entitled "Employment Benefits," is hereby amended as set forth on Exhibit B attached to this resolution. Section 3. Chapter 6 of the Town's Personnel Policies and Procedures, entitled "Employee Development," is hereby amended as set forth on Exhibit C attached to this resolution. {00012043.DOC /} JF 12/5/08 Section 4. The Town's manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the aforementioned amendments. Section 5. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 16t" day of December, 2008. Mayor Ed onea ATTEST: celyn C ronson, Town Clerk {00012043.DOC /} -2- ~,~„ CHAPTER 3 .~-- ,~~, NOARANA COMPENSATION ~ti~ t~...,~, TOWFd Of MA~P.NA Policy 3-1 EMPLOYMENT SERVICE The Town of Marana's employment service is divided into classified service, unclassified service, term-limited temporary employment and short-term temporary"employment. Employees in positions designated as classified service are governed by these Personnel Policies and Procedures. Employees in positions designated as unclassified service, term-limited temporary or short-term temporary are subject to these Personnel Policies and Procedures only where specifically noted herein or in the Marana Town Code. Non-employee positions, as defined by Title 3 of the Marana Town Code, are not subject to these Personnel Policies and Procedures. Section 3-1-1 Classified Service This category of employment is comprised of all regular full- and part-time employees of the Town who are employed in positions other than those designated in Title 3 of the Marana Town Code as unclassified, term-limited or short-term temporary. Section 3-1-2 Unclassified Service This category of employment is comprised of all employees of the Town who are employed in unclassified positions as designated in Title 3 of the Marana Town Code. Unclassified employees are part of a responsive management team that exists to carry out the goals and policies of the Town. Section 3-1-3 Term-Limited Temporary Employment This category of employment is comprised of temporary positions, with work related to a specific grant, capital improvement project, technology services project or other non-routine substantial body of work, for a term of six to 36 months. Section 3-1 -4 Short-Term Temporary Employment This category of employment is comprised of temporary positions for a time period that does not exceed six months or 1040 hours in a rolling 12-month period. These positions are used to augment the workforce due to seasonal and other specific temporary workload needs that require additional staffing. {00012036.DOC /}3-1 Exhibit A to Resolution No. 2008-168 ,_,1,,,~,~ CHAPTER 3 ~' - - ,~=, M~RANA COMPENSATION TOWPd C'P [~hAB3NF. Policy 3-2 POSITION STATUS Positions within the Town are generally designed for regular full-time employees. However, in certain functions and during some seasons, work schedules and Town needs may require the services of other than full-time employees. Section 3-2-1 Definitions The following definitions shall apply whenever these terms are used throughout these Personnel Policies and Procedures. A. At-will Employment: Employment that may be terminated upon the will of the employer or employee, at any time with or without cause. At-will employees do not have employment contracts, are not guaranteed any minimum length of employment, and do not have access to the personnel action review procedures set forth in Chapter 5 of these Personnel Policies and Procedures. B. Exempt Employees: Employees who devote most of their hours to activities that are managerial, administrative or professional. These employees are excluded from specific provisions of federal and state overtime wage and hour laws and are generally not entitled to overtime pay. C. Non-exempt Employees: Employees who devote most of their hours to activities that are not managerial, administrative or professional. These employees are entitled to overtime pay under the specific provisions of federal and state laws. D. Promotional Position: A position to which a current Town employee is promoted. To be considered a promotional position, the position must be in a higher classification than the position that the employee originally served in. Section 3-2-2 Position Categories The Town employs personnel in a number of position categories including, but not limited to, the following. A. Regular Full-Time: A classified or unclassified employee hired for an indefinite period in a budgeted position for which the normal work schedule is at least 40 hours per week. To attain this status, the employee must successfully complete an initial evaluation period, as defined in these Personnel Policies and Procedures, either as a new hire or in a promotional position. Employees in this category are eligible for the Town's full benefits package. {00012036.DOC /}3-2 Exhibit A to Resolution No. 2008-168 ~~~ =`"' _ ?-, NIARANA ~:~/ 1 TOWN 4F tdARANA CHAPTER 3 COMPENSATION B. Probationary Full-Time: A classified employee serving in an initial evaluation period either as a new hire or in a promotional position. Employees serving in an initial evaluation period as a new hire or in a promotional position are at-will employees. Employees in this category are eligible for the Town's full benefits package. C. Regular Part-Time: A classified or unclassified employee hired for an indefinite period in a budgeted position for which the normal work schedule is at least 20 hours but less than 40 hours per week. To attain this status, the employee must successfully complete an initial evaluation period either as a new hire or in a promotional position. Employees in this category are eligible for the Town's full benefits package. D. Probationary Part-Time: A classified employee working less than 40 hours per week, but more than 20 hours per week, who is serving in an initial evaluation period either as anew hire or in a promotional position. Employees serving in an initial evaluation period as a new hire or in a promotional position are at-will employees. Employees in this category are eligible for the Town's full benefits package. E. Management/Administrative Intern: A short-term temporary employee who is regularly enrolled as a student in a recognized educational institution or special program for adults and/or seniors during the regular school year. Management/Administrative Interns are at-will employees. Employees in this category receive all legally mandated benefits provided by the Town, but are not eligible for paid leave or group insurance benefits or for any cash in lieu thereof. F. Executive Fellow: Aterm-limited temporary employee who is in his/her final segment of the regular school year or has graduated from an accredited college or university in a field directly related to local government management. An Executive Fellow is an at-will employee. Employees in this category are eligible for the Town's full benefits package. G. Seasonal Employee: A short-term temporary employee who works less than 1040 hours in a rolling 12-month period. Seasonal employees are at-will employees. Employees in this category receive all legally mandated benefits provided by the Town, but are not eligible for paid leave or group insurance benefits or for any cash in lieu thereof. {ooot2o36.noc i}3-3 Exhibit A to Resolution No. 2008-168 ,~~''~ CHAPTER 3 ;~-- ,=, ~Ai~ANA COMPENSATION TQWN O~ MAR.~.E.k Policy 3-3 CLASSIFICATION PLAN The Town Manager shall ensure the preparation, development and maintenance of a classification plan consisting of descriptions of positions defined by essential duties, qualifications, knowledge, skills and abilities characteristic of the positions. Section 3-3-1 Purpose The classification plan shall be developed and maintained so that all positions substantially similar with respect to duties, responsibilities, authority and character of work are similarly classified and compensated, and positions substantially different in scope and complexity are appropriately classified and compensated. Section 3-3-2 Plan Amendment A. All amendments to the classification plan require the approval of the Town Council. Amendments shall be submitted to the Town Council through the Town Manager. B. The classification plan may be amended by ordinance, resolution, motion or adoption of the Town's annual budget. C. Any position not established by Title 9 of the Arizona Revised Statutes may be abolished by the Town Council Section 3-3-3 Position Classification A. Position classifications shall be maintained by the Human Resources Department for all regular full-time and regular part-time positions in the classified and unclassified service. B. Position classifications are descriptive only and are not restrictive in nature. The omission of specific duties from a position classification does not exclude those duties from the position if the work is related or a logical assignment to the position. Supervisors may assign different tasks to a position within a classification when the duties are similar in type and responsibility to those described in the classification description. C. The classification description does not constitute an employment agreement between the Town and employee and is subject to change as the needs of the Town and the requirements of the job change. D. When the duties or responsibilities of a position have changed. significantly, the Town Manager will ensure that the position is reclassified accordingly. {ooot2o36.noc i}3-4 Exhibit A to Resolution No. 2008-168 ~'~ CHAPTER 3 -~-- „=~ 11~ARANA COMPENSATION ..~ ,~` I TOWN PF MARANA Section 3-3-4 Position Classification Review Whenever a reorganization, change in job content or Town Council action causes the duties of a position to change or creates the need for a new position, or a position otherwise appears to have been incorrectly classified, the Town Manager may reclassify the position to a more appropriate classification. A. The Town Manager, in consultation with the Human Resources Director, shall establish an Administrative Directive outlining the process for review of a specific position classification and for review of the classification plan as a whole. B. If there has been a significant change or a gradual accretion of duties and responsibilities over the period of one year, an employee or a Department Head may submit a written request to the Human Resources Department to determine if a review of the position is warranted. Such review shall require the completion of a position description questionnaire. C. When there is any substantial change, addition, or deletion to the duties assigned to a position, the Department Head will provide a completed position description questionnaire to the Human Resources Director. D. An employee whose position is reclassified upward will be promoted to the higher classification. An employee whose position is reclassified due to reorganization will be transferred, promoted, demoted, or laid off in accordance with applicable provisions in these Personnel Policies and Procedures. If the reclassification results in a demotion, and if the employee remains- in the reclassified position, then the employee will be considered to have taken a voluntary demotion. E. Implementation of a reclassification and any related pay change shall be prospective and is effective when the classification is approved by the Town Manager. Any pay increase, if applicable, shall be subject to the limits on pay increases that govern pay upon promotion. F. A position classification review decision is not subject to appeal under. the personnel action review procedures set forth in Chapter 5 of these Personnel Policies and Procedures. {00012036.DOC /}3-$ Exhibit A to Resolution No. 2008-168 ,~ CHAPTER 3 ~~ NIARAI~A COMPENSATION --/t\ to~~~ rF r,~~~~~a Policy 3-4 COMPENSATION PLAN The total compensation program for the Town of Marana is comprised of salary/wages, benefits and other less tangible elements that are of value to employees such as the work environment, security, career opportunities and overall health. Each element plays a role in the Town's pay strategy. Section 3-4-1 Total Pay Philosophy A. Salary: The Town provides pay opportunity (e.g. ranges or steps) that is designed to provide managers flexibility and to provide at- or above-market median cash compensation to those employees who are strong performers and consistently make contributions to the Town's success. The market is regularly assessed to ensure that salary ranges remain competitive. B. Market: The Town's market is defined as public and private sector employers similar to Marana in size and complexity and in locations where the Town looks to secure labor talent. C. Benefits: The Town's benefits in total are targeted to provide above average value to its employees. Each individual benefit program is designed to provide an employee with security in case of unforeseen events and for retirement. Section 3-4-2 Compensation Plan/Salary Schedule Adjustments All general salary increases, market adjustments, pay for performance increases or other modifications to the compensation plan and/or salary schedule require the approval of the Town Council. Amendments and revisions shall be submitted to the Town Council through the Town Manager. Section 3-4-3 No Right of Appeal The establishment of a compensation plan, including salary schedules, allocation of classifications to a specific grade, assignment of pay to an employee and changes or adjustments to the compensation plan, are not subject to appeal under the personnel action review procedures set forth in Chapter 5 of these Personnel Policies and Procedures, unless a change in pay is the result of a disciplinary action that is subject to the personnel action review procedures. {oooizos6.DOC i}3-6 Exhibit A to Resolution No. 2008-168 ~~,,.~,~ CHAPTER 3 -'-_ ,~,~ N~ARANA COMPENSATION ~~'/ I ~ TOWN OP MARANA Policy 3-5 PERFORMANCE MANAGEMENT The Town's performance management program relies on a system of establishing goals, strategies and performance benchmarks for the organization and then identifying how individual and team efforts contribute to the overall. achievement of Town strategic objectives. Each employee is an important part of the Town's overall success in its mission to serve the citizens of Marana. An employee's performance is directly linked to his or her compensation. The Town Manager is responsible for establishing a systematic process for the ongoing evaluation of organizational and employee performance. At a minimum, this system will link to Town-wide goals and strategies, set appropriate expectations, share ongoing and timely feedback, provide opportunities for coaching and distinguish between levels of performance. The Human Resources Director shall be responsible for ensuring implementation of an employee performance management system.. Section 3-5-1 Initial Evaluation Period The initial evaluation period is a period of time, as determined by the Town Manager, constituting the final step in the competitive screening process for appointment to a regular full- or part-time classified service position or for promotion from one classified service position to another. A. All full- and part-time employees hired in positions designated as part of the classified service. or promoted from one classified service position to another shall serve in an initial evaluation period for 6 to 18 months from the date of hire. The length of the initial evaluation period shall be set forth in the employee's offer of employment letter. Employees shall be evaluated at least once during this initial evaluation period; however, managers and supervisors are encouraged to evaluate employees more often to provide ongoing feedback. B. A newly hired or promoted employee's appointment to a full- or part-time position designated as part of the classified service will not be deemed final until successful completion of the initial evaluation period as evidenced by a satisfactory rating on the final performance appraisal document completed during this period. Managers and supervisors are encouraged to complete and review this performance appraisal document at least two weeks in advance of the date that the employee's initial evaluation period is scheduled to conclude. The Human Resources Department is responsible for maintaining records of employee appointments and promotions and the duration of initial evaluation periods. Department heads are responsible for ensuring that training, informal feedback about performance, and formal performance appraisals are completed in a timely manner during the initial evaluation. period. C. Employees serving in an initial evaluation period either as a new hire or in a promotional position are at-will employees as defined in these Personnel Policies and Procedures. {oooi2os6.noc i}3-7 Exhibit A to Resolution No. 2008-168 ~~ ~/~~ANQ ~~ f I TOWtJ 6F t~1AR4NA CHAPTER 3 COMPENSATION As such, during the initial evaluation period, employment may be terminated at any time, with or without cause. The decision to terminate employment shall be made by the employee's Department Head after consultation with and approval by the Human Resources. Director. The employee shall be notified in writing that they have failed to successfully complete the initial evaluation period. The decision to terminate employment during the initial evaluation period for either a new hire or an employee in a promotional position is not subject to appeal under the personnel action review procedures set forth in Chapter 5 of these Personnel Policies and Procedures D. Notwithstanding that employees in an initial evaluation period in a promotional position are at-will employees, an employee who does not successfully complete the initial evaluation period in a promotional position may be restored to his or her former position. Such restoration is not mandatory, but is optional at the discretion of the Town and within the limits of available authorized positions. If an employee is restored to his or her former position, restoration shall include restoration of the employee's former pay and all other benefits to which he or she would have been entitled if the promotion had not occurred. Section 3-5-2 Extension of the Initial Evaluation Period The Town may extend an employee's initial evaluation period if it is determined that more time is necessary to evaluate the performance of the employee. All extensions of the initial evaluation period shall be approved by the Department Head and the Human Resources Department. The employee shall receive a written notice of the extension no later than the last day. of the initial evaluation period. If the employee is unavailable to receive such a notice in person, the Town shall send a letter to the last known address of the employee on file with the Human Resources Department. In either case, the date of the letter shall. be deemed the effective date of the notice. A copy of the notice of extension will be forwarded to the Human Resources Department for inclusion in the employee's personnel file. Under no circumstances may the total time for the initial evaluation period exceed 24 months.. The initial evaluation period may be extended under, but not limited to, the following circumstances. A. The employee has had a leave of absence during the initial evaluation period that exceeds 15 calendar days. B. The employee's performance is not satisfactory, but the Department Head believes that with more time and supervision the employee may succeed in the position. In such cases, the Department Head shall develop a documented plan of action for improvement. C. Supervisor continuity is interrupted during the initial evaluation period. {oooiao36.~oci}3-8 Exhibit A to Resolution No. 2008-168 MARANA 1%I\ mwN of nn,4~anr~ CHAPTER 3 COMPENSATION D. The work assigned to the employee's position is cyclical and the initial evaluation period did not provide an opportunity to adequately evaluate all aspects of an employee's performance. Section 3-5-3 Pertormance Management Process A. Classified employees who have completed the initial evaluation period as either a new hire or in a promotional position and whose positions are not on a step pay plan shall receive a formal performance appraisal document once per year. This appraisal shall be for the performance period covering the prior fiscal year, beginning on July 1 and ending on June 30. B. Classified employees who have completed the initial evaluation period as either a new hire or in a promotional position and whose positions are on a step pay plan shall receive a formal performance appraisal document once per year on the anniversary of the employee's completion of the initial evaluation period. This appraisal shall be for the performance period covered during the prior year; from anniversary date to anniversary date. C. Department Heads and supervisors shall recommend an appropriate performance appraisal rating based on the Town's pay for performance guidelines. D. Opportunities for adjustments to pay based on performance are established by the Town Council each year as part of the annual budget process. The amount of funds available for merit increases are subject to economic conditions and the Town's ability to pay. E. If an employee disagrees with his or her performance appraisal document, the employee may submit a written appeal to the Department Head within three working days of the employee's receipt of the performance appraisal document. If the employee is not satisfied with the Department Head's response, the employee may submit a written appeal to the Human Resources Director within three working days of the employee's receipt of the Department Head's response. The decision of the Human Resources Director or designee shall be final and is not subject to appeal under the personnel action review procedures set forth in Chapter 5 of these Personnel Policies and Procedures. F. The original employee performance evaluation, the employee's written appeal and the employee's comments, if any, shall become a permanent part of the employee's official personnel file and will remain filed for the length of time required by law. {ooot2os6.noc i}3-9 Exhibit A to Resolution No. 2008-168 ~ CHAPTER 3 ~1 IY~,hRANA COMPENSATION ~~:~ '/I\ TOWED qF MARAhA Policy 3-6 PAYROLL PROCEDURES Regular Town employees are paid biweekly. If a pay date falls on a holiday, the day of pay shall be the last working day preceding the normal pay date. There are 26 pay periods in the calendar year. Section 3-6-1 Time Sheets and Payroll Records A. All non-exempt employees shall complete time sheets documenting the number of hours worked, as well as any leave taken, in each pay period. The employee's direct supervisor shall sign the time sheet verifying the employee's hours worked and leave taken. The employee's department shall submit the time sheet to the Finance Department by the deadline established by Finance for each pay period. If the employee used any leave time during the pay period, a leave authorization request shall be attached to the time sheet. B. All exempt employees shall complete leave authorization requests documenting time off from work for the equivalent of one full work day or more in any pay period where such leave is taken. Leave authorization requests shall be signed by the exempt employee's supervisor verifying the employee's time off work. Leave authorization requests shall be submitted to the Finance Department by the deadline established by Finance for each pay period. C. Payroll records shall be maintained by the Town for a minimum of seven years. D. The Finance Department is responsible for answering inquiries concerning payroll matters. The Finance Department and the Human Resources Department will work collaboratively to resolve pay inquiries in an expeditious manner. E. Falsification of time sheets or leave authorization requests is grounds for disciplinary action, up to and including termination Section 3-6-2 Pay Checks A. Checks are distributed by the Finance Department to each department by noon on the Friday following the close of the pay period. B. With each pay check, employees receive a statement of earnings, deductions, leave balances and compensatory time balance for the period covered by the payment. C. In the absence of specific instructions or direct deposit, checks for those who are away on .the regular pay date will be held by the Finance Department until the employee returns to work unless other arrangements are made in writing. {00012036.DOC /}3-1~ Exhibit A to Resolution No. 2008-168 CHAPTER 3 ~~~~ MARANA COMPENSATION .~~ /I\ TOWN OF MARANA D. An employee's pay check may be released to the employee's spouse, designated family member or to another person only if authorized in writing and in advance by the employee. E. Employees are expected to cash their pay checks on their personal time. Section 3-6-3 Payroll Deductions A. Mandatory deductions required by law shall be withheld from all employees' paychecks each pay period. These include, but are not limited to, state-mandated retirement contributions, federal income tax, state income tax, Social Security and Medicare (FICA) and any legal wage garnishment. B. Voluntary deductions require an employee's written authorization. Examples include, but are not limited to, direct deposit, deferred compensation, United Way contributions, dependent health insurance coverage and supplemental health insurance. Section 3-6-4 Pay Advances The Town of Marana does not grant requests for pay in advance of the regular pay day. {0oo12os6.DOC i}3-I 1 Exhibit A to Resolution No. 2008-168 '~ CHAPTER 3 ~~ ~~ N~At~ANA COMPENSATION ~~~/ I ~ rawrt ov t~aaar~a Policy 3-7 WORKING CONDITIONS Section 3-7-1 Work Week The work week will generally consist of five days within a 40 hour week or as determined otherwise by the Town Manager. The Town Manager may establish alternative or flexible work schedules, but at no time shall those schedules interfere with the normal operations of the Town government. A work week generally begins every Saturday at 12:01 A.M. and ends the following Friday at 12:00 midnight. The Town Manager or Department Head may stagger, rearrange and adjust the work hours of employees to enable the Town to keep offices open at all times required. A supervisor may require any employee to temporarily perform service in excess of 40 hours in a five day week when necessary to maintain Town operations. When such work is required, the overtime and compensatory time provisions in these Personnel Policies and Procedures and state and federal law shall apply. Section 3-7-2 Overtime Eligibility As part of the classification plan, the Human Resources Director shall evaluate the body of work for a position classification and determine if employees in that position classification are subject to the provisions of the Fair Labor Standards Act (FLSA). Position classifications shall either be exempt or non-exempt from the provisions of the FLSA, as defined in these Personnel Policies and Procedures and state and federal law. The Human Resources Director shall employ all evaluation techniques and methods prescribed by the FLSA for determining the overtime status of a position classification. The Human Resources Director is responsible for continually reviewing and updating the FLSA status of position classifications. All employees in unclassified positions are exempt from the FLSA, as being a part of a responsive management team. Section 3-7-3 Overtime and Compensatory Time It is the Town's policy to avoid the necessity of overtime whenever possible, but overtime work may be necessary to handle emergency situations and to meet seasonal or peak workload requirements of a critical nature. Department Heads are responsible for the planning required to minimize the need for overtime. The provisions of this section apply only to non-exempt employees. A. Whenever a nonexempt employee is required to work more than 40 hours in a work week, the employee shall be compensated for the hours worked in excess of 40 at the rate of one and one-half times the employee's regular base rate of pay. In the alternative, the employee may take one and one-half hours of compensatory time off for each hour worked in excess of 40 hours in a work week. {oooi2os6.~oc i}3-12 Exhibit A to Resolution No. 2008-168 ~~~ ~'1ARANA ~~:~/l\ town c~ enn~axn CHAPTER 3 COMPENSATION B. The employee shall designate whether he or she desires to receive pay at the rate of one and one-half the employee's regular base pay rate or compensatory time off at the time the overtime is documented on the payroll time sheet. An employee is not required to accept compensatory time in lieu of overtime pay unless the employee agrees to this arrangement before the employee performs the overtime work. C. Hours worked for purposes of calculation of overtime shall be defined as time. on the job pertorming a responsible work assignment. D. Time shall begin once the employee is at the work station or at the call origination for emergencies. E. Vacation, sick, holiday and other leave shall not be considered time worked and shall be deducted from hours worked during overtime calculation for each work week. F. Hours actually worked on Town-approved holidays shall be included as hours worked for the purposes of calculating overtime in a work week. G. Pay for work beyond an employee's regularly scheduled work day or work week will be at the straight time hourly pay rate unless and until the employee has actually worked more than 40 hours in a work week. H. The Department Head must specifically authorize the rendering of overtime services. Employees shall obtain such authorization prior to working any overtime, unless the overtime is deemed to be an emergency by the Department Head. An employee's compensatory time balance must not exceed 80 hours. The Town Manager may make an exception to the accumulated compensatory time balance as recommended by the Department Head. J. The following provisions apply to the use of compensatory time: 1. Compensatory time may not be used before it is accrued. 2. An employee must submit a written request in advance to use compensatory time. 3. Requests to use compensatory time will be approved unless the employee's absence during the period requested will unduly disrupt Town or department operations. 4. Compensatory time must be used during the calendar year in which it is accrued unless this is not feasible due to work demands. The employee may then request, {oooi2os6.DOC i}3-13 Exhibit A to Resolution No. 2008-168 ~~,,,.`~' CHAPTER 3 ~~ R~ARAI~A .COMPENSATION .. ~-~.. ~ewra o~ srtax~ua and the Department Head may approve, the carryover of a maximum of 40 hours of accrued compensatory time. 5. Compensatory hours that have been carried over must be used within the first quarter of the new calendar year. K. Payment for accrued but unused compensatory time is as follows: 1. Employees will be paid in the pay period that includes December 31 for all accrued compensatory time not carried over into the following year. If an employee is terminated or otherwise separates from employment while in a non-exempt position, the employee will be paid for all accrued compensatory time. 3. If an employee is promoted into an exempt position, the employee will be paid for all accrued compensatory time prior to the effective date of the promotion at his or her rate of pay in the non-exempt position. L. Nothing in this policy shall be construed to contravene the provisions of the Fair Labor Standards Act (ELBA). Section 3-7-4 Exempt Employees The overtime provisions of this policy shall not apply to employees whose positions have been determined to be exempt from the provisions of the FLSA. FLSA exempt employees are expected to work the hours necessary to satisfactorily perform their jobs. FLSA exempt employees may be required to work a specified schedule set by their supervisor. {oooiao36.~oc i}3-14 Exhibit A to Resolution No. 2008-168 MARANA ~~ /1\ tQWN qF fAA~ANA CHAPTER 3 COMPENSATION Policy 3-8 HOLIDAY PAY It is the policy of the Town to grant paid time off to eligible employees on the Town Council-approved holidays listed in Chapter 4 of these Personnel Policies and Procedures. However, if anon-exempt employee is required to work on aTown-approved holiday, the employee is also eligible for holiday pay. Section 3-8-1 Calculation of Holiday Pay A. Full-time non-exempt employees who are required to work on aTown-approved holiday shall be compensated for eight hours paid time for the holiday, plus their regular rate of pay for time actually worked on the holiday. B. Part-time non-exempt employees who are required to work on aTown-approved holiday shall be compensated paid time for the holiday, prorated to the employee's normal work schedule, plus their regular rate of pay for time actually worked on the holiday. C. Holiday pay will be at the employee's regular base rate of pay unless the employee works more than 40 hours in the work week that includes the holiday. Hours in excess of 40 hours in the work week shall be compensated according to the overtime and compensatory rules set forth in this Chapter. Section 3-8-2 Exempt Employees FLSA exempt employees are expected to work the hours necessary to satisfactorily perform their jobs. Exempt employees will receive their normal rate of pay for the work week regardless of whether or not they work on aTown-approved holiday and regardless of whether they are on a standard or alternative work schedule. {ooot2o36.~oc i}3-15 Exhibit A to Resolution No. 2008-168 CHAPTER 3 ~^' N~,4RANA COMPENSATION '~%.~'!' TOWN QP MARANA Policy 3-9 ADJUSTMENTS TO PAY Section 3-9-1 Promotion A. The Town encourages succession planning to develop in-house talent for promotional opportunities. Generally, promotions are made using a competitive recruitment process. With sufficient justification and the approval of the Human Resources Director, a competitive recruitment process may be restricted to internal applicants or waived entirely for promotional opportunities. Internal candidates who are selected for a promotional position must possess all of the minimum qualifications for the position upon hire, unless the Human Resources Director or designee approves an exception that allows the employee to attain a particular certification or other requirement as a condition of successful completion of the initial evaluation period. B. Pay upon promotion shall be at the entry level of the new salary range or five percent, whichever is greater. In extenuating circumstances, the Town Manager or designee may consider additional pay at the time of promotion; however, in no circumstance shall the promoted employee's rate of pay exceed the salaries of incumbents in the same or similar positions. Section 3-9-2 Demotion A. An employee may move to a position in a lower classification due to reorganization, reclassification or reduction in force. In these situations, the employee's salary shall be reduced to an amount that does not exceed the maximum of the new classification range. If the employee's salary in the higher classification does not exceed the rate of pay for the new salary range, the employee's salary may remain unchanged upon the recommendation of the Human Resources Director and approval of the Town Manager or designee. B. An employee may move to a position in a lower classification due to performance issues or disciplinary action. In these situations, the employee's salary shall be reduced by the percentage difference between the mid-point of the higher classification salary range and the mid-point of the lower classification salary range. Section 3-9-3 Lateral Transfer A lateral transfer occurs when an employee stays in the same salary grade and classification but moves to a different department or moves to a different classification that is assigned to the same salary grade. There shall be no change to the employee's salary for a lateral transfer. {oooizo36.noc i}3-16 Exhibit A to Resolution No. 2008-168 ~"~ MARANA TO~h'N QP ~iAARANA CHAPTER 3 COMPENSATION Section 3-9-4 Reclassification A. When a position is reclassified to a higher classification, employees in that position shall be eligible for the same pay increase as provided upon promotion. B. When a position is reclassified to a lower classification, the salaries of employees in that position may be "frozen" or "redlined" until the employees' salaries are at or below the top of the salary range for the new classification. Salaries shall only be frozen or redlined upon the recommendation of the Human Resources Director and approval of the Town Manager or designee. When salaries are frozen or red-lined due to a reclassification to a lower classification, employees may only receive lump sum performance awards until their salary is at or below the top of the salary range for the new classification. ,.Section 3-9-5 Effective Date of Pay Changes A. Changes in pay rate, benefits, classification, working conditions and employment status shall be documented on a Personnel Action Form (PAF) signed by the Department Head/General Manager, Human Resources Director, Finance Director and Town Manager or designee. The PAF shall be made a part of the employment history record of the employee. No change to an employee's pay rate, benefits, classification, working conditions or employment status shall be implemented unless accompanied by an approved PAF. B. Unless otherwise specified in these Personnel Policies and Procedures or by Town Council action, the effective date of adjustments to pay shall be the first day of the next pay period after the adjustment is made. Adjustments to pay for employees on unpaid leaves of absence shall be implemented upon the employee's return to work. Section 3-9-6 Special Assignment Pay A. Special assignment pay may be provided to employees who are engaged in one of the following activities: 1. Working out-of-classification in a higher level classification 2. Pertorming additional duties outside of the scope of the employee's regular classification for a limited period of time, such as assuming the responsibilities of a vacant position 3. Serving in a lead or supervisory role when the employee's regular position does not require lead or supervisory responsibilities {00012036.DOC /}3-17 Exhibit A to Resolution No. 2008-168 ~~ ~- MAI~A~IA ~tiw ~~..~ / ~ \ tQWFy OF tdAR:.NP. CHAPTER 3 COMPENSATION B. Special assignment pay begins when the employee is assigned the additional duties or begins working out of classification. C. Special assignment pay shall be at the rate of five percent of the employee's regular base rate of pay. However, the Human Resources Director may recommend special assignment pay of up to 10% of the employee's regular base rate of pay in extenuating circumstances. D. The Department Head must request special assignment pay in writing. All special assignment pay must be approved by the Human Resources Director and the Town Manager or designee. Special assignment pay shall be approved in six month increments, not to exceed a total of one year. E. Any increases to base pay that are made while an employee is receiving special assignment pay, such as pay for performance awards, general increases or market adjustments, shall be calculated using the employee's regular base rate of pay before the application of the special assignment pay. The special assignment pay may be recalculated after increases are added to the employee's base rate of pay. Section 3-9-7 Call-Out Pay When anon-exempt employee is called back to regular duty more than one hour after leaving Town facilities at a time other than the employee's regular assigned shift, to perform unscheduled duties which are in excess of the employee's regular hours of work, the employee will receive a minimum of two hours pay each time called out, or the actual time worked, whichever is greater. Calculation of the actual hours worked shall begin at the time of the call-out and shall include travel time to and from the place the employee is directed to report to work. The Department Head or designee must authorize all call outs. Section 3-9-8 On-Call/Stand-By Assignments; On-Call/Stand-By Pay The Town Manager may designate certain non-exempt positiorTS as eligible to receive on-call and/or stand-by pay based on the need for 24 hours per day, 7 days per week coverage and emergency response requirements. Department Heads who have such positions in their chain-of-command shall determine the length, duration and rotation of on-call or stand-by assignments. The rate of pay for on-call and stand-by assignments shall be determined by the Town Manager based on budget capacity with consideration given to the rates paid for comparable assignments in other jurisdictions that make up the Town's market for the purposes of surveying pay and benefits. {oooizo36.~oc i}3-18 Exhibit A to Resolution No. 2008-168 CHAPTER 3 ~~~~ MARANA COMPENSATION '/I\ tosvM e~ r,~nw,rra Section 3-9-9 Shift Differential Pay Shift differential pay shall be provided to non-exempt employees for any hours worked between 6:00 p.m and 6:00 a.m. Shift differential pay is an hourly amount. added to the employee's regular base rate of pay. Shift differential pay shall be determined by the Town Manager based on budget capacity with consideration given to the shift differential rates paid in other jurisdictions that make up the Town's market for the purposes of surveying pay and benefits. {00012036.DOC /}3-I9 Exhibit A to Resolution No. 2008-168 CHAPTER 3 ,~ ~~ I~IARANA COMPENSATION TOWN 4F t.1ARANA Policy 3-10 EMERGENCY CLOSURES Emergencies such as severe weather, fires, power failures or floods can disrupt Town operations and may require the closing of a work facility. Closing of a work facility is at the sole discretion of the Mayor, Town Council or Town Manager. In the event that such an emergency occurs during non-working hours, Department Heads will be responsible for notifying the affected employees. Section 3-10-1 Pay During Emergency Closures A. When operations of the Town or any part of the Town are officially closed due to emergency conditions, the time off from scheduled work will be paid. B. Employees in essential operations may be asked to work because of emergency conditions on a day when non-essential operations are officially closed. If the hours worked are within the normally scheduled work day and work schedule, the employee will receive the regular base rate of pay. Any hours actually worked during an emergency closure shall be included as hours worked for the purposes of calculating overtime in a work week. {oooizo36.~oc i}3-20 Exhibit A to Resolution No. 2008-168 ~ _ CHAPTER 3 r ~`~ MARANA COMPENSATION ~~-/I\ TOWN OG t~ARANA Policy 3-11 VEHICLE ALLOWANCEITAKE-HOME VEHICLES The Town Manager may authorize a monthly vehicle allowance or the use of a Town take-home vehicle for certain employees. The Town Manager shall take into consideration the amount and type of local travel required of a position when granting a vehicle allowance or providing a Town take-home vehicle. Section 3-11-1 Unclassified Employees A. The Town Manager may provide a vehicle allowance or take-home vehicle to unclassified employees to compensate them for required frequent travel to meetings and work assignments throughout the Town and Pima County. B. The Town Manager may authorize the use of a Town take-home vehicle in lieu of a monthly vehicle allowance for an unclassified employee when using a Town vehicle results in operational efficiencies. In authorizing a Town take-home vehicle, the Town Manager shall take into consideration whether the employee must be routinely available for immediate emergency response, routinely carries and accesses Town equipment in the course of travel or routinely accesses areas that may be restricted to Town vehicles. Section 3-11-2 Classified Employees The Town Manager may authorize the use of a Town take-home vehicle for a classified employee when using a Town vehicle results in operational efficiencies. In authorizing a Town take-home vehicle, the Town Manager shall take into consideration whether the employee must be routinely available for immediate emergency response, routinely carries and accesses Town equipment in the course of travel or routinely accesses areas that may be restricted to Town vehicles. Section 3-11-3 Vehicle Allowance s A. The Town Manager shall establish monthly vehicle allowance rates within Town Council-approved budgetary limits. B. Employees who receive a monthly vehicle allowance may not use a Town vehicle as a take-home vehicle and may not request mileage reimbursement for local travel within a one-way direction of 25 miles from the employee's regular work location. Section 3-11-4 Take-Home Vehicles A Town employee who is authorized the use of a Town take-home vehicle may not receive a vehicle allowance during the same time period. {ooo~zos6.~oc i}3-21 Exhibit A to Resolution No. 2008-168 ~, CHAPTER 3 ~~ N~,~RANA COMPENSATION ~`'% t TOWfd ~F tdARANA Policy 3-12 RELOCATION AND INTERVIEW EXPENSES Section 3-12-1 Relocation Expenses A. The Town Manager, in his or her sole discretion, may authorize reimbursement of relocation expenses for a newly hired unclassified employee in an amount of up to $5,000. B. Reimbursement of relocation expenses shall be a one-time reimbursement, limited to the cost of moving furniture and personal effects from the employee's current home to his or her new home. C. The reimbursement shall be treated as income to the employee. D. The relocation and reimbursement of expenses must occur within the 12-month period following the unclassified employee's hire date. E. Unclassified employees who are offered and accept reimbursement of relocation expenses shall be required to sign an agreement as part of an initial offer of employment letter indicating acceptance of all the terms of the relocation expense reimbursement. Section 3-12-2 Interview Expenses In an effort to attract and consider candidates with exceptional qualifications, and to ensure a competitive interview pool, the Town Manager may, in his or her sole discretion, authorize payment of travel expenses to and from an interview process at the Town of Marana for a vacant, unclassified position. Only transportation and lodging expenses shall be considered for reimbursement. {00012036.DOC /}3-22 Exhibit A to Resolution No. 2008-168 ~~~ CHAPTER 3 MARANA COMPENSATION tOWN OF MARANA Policy 3-13 CONFLICT WITH MEMORANDUM OF UNDERSTANDING Section 3-13-1 Conflict with Memorandum of Understanding If any of the provisions of this Chapter conflict with the provisions of any memorandum of understanding between the Town of Marana and a designated public safety employee organization, as referenced in Title 4 of the Marana Town Code, the memorandum of understanding shall govern for those positions that are subject to the provisions of the memorandum of understanding. {oooizos6.DOC i}3-23 Exhibit A to Resolution No. 2008-168 ~ CHAPTER 4 N1,4RANA EMPLOYMENT BENEFITS .~ ,~ I \ TOWN QF tdARANA Policy 4-1 VACATION LEAVE The Town of Marana provides vacation leave with pay to eligible employees. Section 4-1-1 Eligibility Regular full- and part-time employees, including those serving in an initial evaluation period, and term-limited temporary employees are eligible to earn vacation leave as described in this policy. Section 4-1-2 Accumulation of Vacation Leave A. Eligible employees shall begin to accrue vacation leave on their effective date of hire. The effective date of hire for police officer recruits is when they begin attendance at a police academy. B. An employee on any leave of absence without pay shall not accumulate vacation leave during the unpaid leave. C. Vacation leave accumulation is cumulative, up to the maximum number of hours permitted by this policy. Section 4-1-3 Rate of Accumulation A. Eligible full-time employees shall accumulate paid vacation leave at the rate shown. in the following schedule: Vacation Accrual Rate Length of Service Vacation Days Each Year 0 to 5 years 10 days (3.08 hrs per pay period) > 5 - 10 years 15 days (4.62 hrs per pay period) > 10 years 20 days (6.15 hrs per pay period)) B. Eligible part-time employees shall accumulate a prorated amount of vacation leave each pay period based on the number of hours per week that they are officially scheduled to work. C. For purposes of determining. length of service, the year noted begins on the day after the preceding anniversary. For example, an employee shall be employed for greater than (>) five years on the day after the employee's fifth anniversary; therefore, the employee shall begin .earning at the higher accrual rate as of that date. {oooi2o3~.~oc i z}4-1 Exhibit B to Resolution No. 2008-168 .~-- „__, MARAI~A ~.~.~. tawF~ or anrw.r~~ CHAPTER 4 EMPLOYMENT BENEFITS D. Military leave shall be credited toward an employee's length of service for purposes of vacation leave accumulation. E. Notwithstanding the provisions of this section, as an incentive to recruit key employees, upon hiring an employee in an unclassified position, the Town Manager may negotiate a vacation accrual rate in excess of the initial vacation accrual rate specified in this section. However, in no event shall the Town Manager negotiate a vacation accrual rate of more than 4.62 hours per pay period. Section 4-1 -4 Maximum Accumulated Hours Permitted A. An employee's accumulated vacation leave balance shall not be permitted to exceed 240 hours. Therefore, employees shall not be credited for vacation leave in excess of 240 hours. Employees who are approaching the 240 hour cut-off shall be notified by the Finance Department of their vacation leave balance and given the opportunity to request vacation leave before vacation leave hours are forfeited. B. The Town Manager may approve an exception to this provision under exceptional circumstances. Section 4-1-5 Request for Vacation Leave A. Eligible employees may request to use vacation leave after 180 days of employment. B. Employees shall submit vacation leave requests to their supervisor before taking any time off. Requests will be reviewed based on a number of factors, including Town needs and staffing requirements. Section 4-1-6 Vacation Leave Pay Vacation leave shall be paid at the employee's base rate of pay at the time of the leave. Vacation leave pay shall not include overtime or any adjustments to pay such as shift differential or special assignment pay. Section 4-1-7 Payment of Vacation Leave Upon Termination of Employment A. Upon termination of employment, employees shall be paid at their base rate of pay for any unused accumulated vacation leave earned through the last day of work. B. This policy shall not apply if the Town Manager determines that the employee's termination is the result of gross misconduct. {oooi2os~.~oc i z}4-2 Exhibit B to Resolution No. 2008-168 ~, CHAPTER 4 MAt~ANA EMPLOYMENT BENEFITS rowu ov ~n,aaarra Policy 4-2 SICK LEAVE The Town of Marana provides sick leave with pay to eligible employees. Section 4-2-1 Eligibility Regular full- and part-time employees, including those serving in an initial evaluation period, and term-limited temporary employees are eligible to earn sick leave as described in this policy. Section 4-2-2 Accumulation of Sick Leave A. Eligible employees begin to accrue sick leave on their effective date of hire. The effective date of hire for police officer recruits is when they begin attendance at a police academy. B. An employee on any leave of absence without pay shall not accumulate sick leave during the unpaid leave. C. Sick leave shall accumulate without limit. Section 4-2-3 Rate of Accumulation A. Eligible full-time. employees shall accumulate sick leave at the rate of 3.08 hours per pay period. B. Eligible part-time employees shall accumulate a prorated amount of sick leave each pay period based on the number of hours per week that they are officially scheduled to work. Section 4-2-4 Permitted Uses A. Eligible employees may use sick leave after 30 days of employment. B. Sick leave is intended solely to provide income protection in the event of illness or injury. Eligible employees shall be permitted to use sick leave for the following reasons: 1. Personal illness, disease or injury and travel time to and from a physician's office 2. Medical conditions that prevent the employee from performing assigned tasks 3. Surgical, medical, dental or optical treatments, examinations or fittings that must be made during working hours {ooot2o3~.DOC i 2}4-3 Exhibit B to Resolution No. 2008-168 i1. CHAPTER 4 ~"~ -,~ MARANA EMPLOYMENT BENEFITS ~~~ // ~\ TdWt1 G4F MAR.4NA 4. Illness of immediate family member and related travel time to and from a physician's office. For purposes of this policy, the immediate family shall consist of the spouse, children, parents, grandparents, brothers, sisters or other individuals whose relationship to the employee is that of a dependent. A relative who, because of family circumstances, has been a parent substitute to the employee may be considered the mother or father in this definition. Section 4-2-5 Notification to Supervisor A. Employees who are unable to report to work due to illness or injury shall notify their direct supervisor before the scheduled start of their work day. B. The direct supervisor must also be contacted on each additional day of absence unless the employee is on FMLA leave or has notified the supervisor in advance of the number of days the employee will be absent. Section 4-2-6 Medical Verification A. If an employee is absent for three or more consecutive days due to illness or injury, the employee's supervisor or Department Head may request a statement from a licensed health care provider verifying the existence of the illness or injury and its beginning and expected ending dates. B. If an employee exhibits an unusual pattern of sick leave absences, such as recurring Monday and/or Friday absences or recurring absences the day immediately preceding and/or immediately following aTown-approved holiday, the employee's supervisor or Department Head may require a statement from a licensed health care provider verifying the need for the sick leave absence. The supervisor or Department Head may require the verification as a condition to receiving sick leave pay and/or to authorize that the employee may safely return to work. C. If the employee's Department Head determines that the verification provided by the employee is inadequate, the absence may be charged to another category of leave or considered leave without pay. D. The employee's department shall forward medical verification statements to the Human Resources Department. Section 4-2-7 Additional Conditions of Eligibility A. As an additional condition of eligibility for sick leave benefits, an employee on an extended leave must apply for any other available compensation and benefits that the {ooot2os~.~oc i a}4-4 Exhibit B to Resolution No. 2008-168 ~- MARANA -~ti ~'/ l FOWN {?F FAARANR CHAPTER 4 EMPLOYMENT BENEFITS employee may be eligible to receive, such as Worker's Compensation or disability insurance coverage. B. Sick leave benefits may be used to supplement any payments that an employee is eligible to receive from Worker's Compensation or any disability insurance programs paid for by the Town. C. The combination of any such disability payments and Town-paid sick leave benefits shall not exceed the employee's normal weekly earnings. Section 4-2-8 No Sick Leave Available An employee who has anon-work related illness or injury and has exhausted accumulated sick leave may request administrative leave without pay. Section 4-2-9 Transfer of Sick Leave Hours to Vacation Leave A. If an eligible employee who has successfully completed the initial evaluation period uses less than 16 hours of sick leave during a calendar year, the employee may submit a request to transfer the unused portion of the 16 hours, up to a maximum of 16 hours, to vacation leave. B. The employee must request the transfer in writing to the Finance Department by the deadline set by the Finance Department. If an employee does not request the transfer, the hours will not automatically be transferred. C. Hours not transferred shall remain in the employee's sick leave balance each calendar year until they are approved for use in accordance with the sick leave policies in this chapter. D. The employee's request to transfer sick leave hours to vacation leave shall be denied by the Finance Department if the transferred hours would cause the employee's accumulated vacation leave to exceed the maximum vacation leave hours allowed under this chapter. Section 4-2-10 Payment of Sick Leave Upon Termination of Employment A. Employees shall not be compensated for unused accumulated sick leave upon termination of employment. B. Unused accumulated sick leave shall be reinstated'for an employee who is laid. off if the employee accepts re-employment with the Town within two years of the date of layoff. {oooizo3~.DOC i z}4-5 Exhibit'B to Resolution No. 2008-168 „_~..®,~ CHAPTER 4 ,~-_ ,=, iV~,~t~ANA' EMPLOYMENT BENEFITS ~.`~ '/~\ TOWN 4E FkAH3Mk Policy 4-3 PERSONAL LEAVE The Town of Marana provides personal leave with pay to eligible employees. Section 4-3-1 Eligibility Regular full- and part-time employees, including those serving in an initial evaluation period, and term-limited temporary employees are eligible for personal leave as described in this policy. Section 4-3-2 Amount of Personal Leave A. Eligible full-time employees shall receive 16 hours of personal leave each calendar year. B. Eligible part-time employees shall receive a prorated amount of personal leave each calendar year based on the number of hours per week that they are officially scheduled to work. C. As an incentive to recruit and retain key employees, the Town Manager may, upon hiring or in connection with an annual performance evaluation, grant additional personal leave, up to an additional 40 hours per calendar year, to employees in the following categories. 1. Deputy or Assistant Town Managers 2. General Managers 3. Department Heads 4. Deputy or Assistant Department Heads with management responsibilities including supervision of staff D. If the Town Manager grants additional personal leave to an employee pursuant to paragraph C of this section, the additional leave shall be granted to the employee for subsequent calendar years unless and until the Town Manager, in his or her sole discretion, determines that the employee's performance and/or workload no longer justify the granting of additional personal leave. The Town Manager's decision regarding personal leave is not subject to review under the personnel action review procedures set forth in Chapter 5 of these Personnel Policies and Procedures. Section 4-3-3 Request for Personal Leave A. Eligible employees may request to use personal leave after 30 days of employment. {ooot2os~.~oc i z}4-6 Exhibit B to Resolution No. 2008-168 .~~~~ MARANA .'~%1 T01YN OF fvtARANA CHAPTER 4 EMPLOYMENT BENEFITS B. Employees shall submit personal leave requests to their supervisor before taking any time off. Requests will be reviewed based on a number of factors, including Town needs and staffing requirements. Section 4-3-4 No Accumulation Personal leave does not accumulate and is forfeited if not used within the calendar year that it is received. Section 4-3-5 Termination of Employment Employees shall not be compensated for unused accumulated personal leave upon termination of employment. 6 {ooot2o3~.DOC i 2}4-7 Exhibit B to Resolution No. 2008-168 ,~~,,~ CHAPTER 4 ..~- ,~. MARANA EMPLOYMENT BENEFITS ~~~ ~.titi~ t \ T6NlN C!F PAARANfi Policy 4-4 HOLIDAYS The Town of Marana provides paid time off to eligible employees for Town Council-approved holidays. Regular Town operations are officially closed during these approved holidays. Section 4-4-1 Eligibility Regular full- and part-time employees, including those serving in an initial evaluation period, and term-limited temporary employees are eligible for paid time off on holidays as described in this policy. Section 4-4-2 Town-Approved Holidays A. The Town-approved holidays for each calendar year are as follows. 1. New Year's Day (January 1) 2. Martin Luther King, Jr./Civil Rights Day (third Monday in January) 3. Presidents' Day (third Monday in February) 4. Memorial Day (last Monday in May) 5. Independence Day (July 4) 6. Labor Day (first ~llonday in September) 7. Veterans' Day ( ovember 11) 8. Thanksgiving Day (fourth Thursday in November) 9. Day after Thanksgiving (fourth Friday in November) 10. Christmas Day (December 25) B. The Town Council, at its sole discretion, may approve additional holidays in any calendar year. Section 4-4-3 Amount of Paid Time Off for Town-Approved Holidays A. Eligible full-time employees shall receive eight hours paid time off on Town-approved holidays. B. Eligible full-time employees who work an alternative work schedule with work days longer than eight hours shall receive eight hours paid time off for the Town-approved holiday and must use accrued vacation, personal or compensatory .leave or leave without pay for the hours in the alternative work day that exceed eight hours. C. Eligible part-time employees shall receive a prorated amount of paid time off on Town-approved holidays based on the number of hours per week that they are officially scheduled to work. {00012037.DOC / 2}4-g Exhibit B to Resolution No. 2008-168 /~ ,_.,.,_, MARA~IA :~'~ ";.~' 1 ~ TOWN OF MARANA CHAPTER 4 EMPLOYMENT BENEFITS Section 4-4-4 Miscellaneous Rules A. If aTown-approved holiday falls on a day when an eligible employee is on approved paid vacation, personal or sick leave, the employee shall receive paid time off for the Town-approved holiday and deductions will not be taken from the employee's vacation, personal or sick leave balances for that day. B. If aTown-approved holiday falls on an eligible employee's regularly scheduled day off, the employee shall receive eight hours paid time off for that holiday. Section 4-4-5 Exception An employee who is in an unpaid status on the day immediately preceding or immediately following aTown-approved holiday, excluding the employee's regularly scheduled day off, shall not receive paid time off for the holiday. Section 4-4-6 Work on Town-Approved Holidays If anon-exempt employee is required to work on aTown-approved holiday, the employee shall receive holiday pay as described in Chapter 3 of these Personnel Policies and Procedures. {oooizo3~.~oci2}4-9 Exhibit B to Resolution No. 2008-168 CHAPTER 4 ,~"-~-~ MARANA EMPLOYMENT BENEFITS ~~;~ ~' I iowra of rnnRaroa Policy 4-5 MILITARY LEAVE The Town of Marana shall grant a military leave of absence to any eligible employee to attend scheduled drills or training or if called to active duty with the United States armed services. Section 4-5-1 Eligibility Employee eligibility for military leave shall be determined in accordance with the provisions of applicable state and federal law. Section 4-5-2 Paid Military Leave A. An eligible employee ordered to military service shall be granted paid military leave of up to 240 hours in any two consecutive years. For the purposes of this policy, "year" means the fiscal year of the United States government. Leave which occurs on an employee's regularly scheduled days off shall not be charged against the 240-hour allotment. B. For required military service exceeding the 240-hour allotment, an employee shall be granted leave without pay or may use accrued vacation, personal or compensatory leave. C. An employee ordered to military service shall provide his or her Department Head with written notification of the leave, together with a copy of the employee's military orders. The notification shall be provided at least one week before the start of the leave, if practicable. Section 4-5-3 No Break in Service Time spent in active military service is not a break in service and shall be counted as credited service. {ooot2os~.~oc i z}4-10 Exhibit B to Resolution No. 2008-168 ~ CHAPTER 4 ~- ~~ MARANA EMPLOYMENT BENEFITS /I\ tQl4Sd OF MARANA Policy 4-6 BEREAVEMENT LEAVE The Town of Marana provides bereavement leave to eligible employees. Section 4-6-1 Eligibility Regular full- and part-time employees, including those serving in an initial evaluation period, and term-limited temporary employees are eligible to receive bereavement leave as described in this policy. Section 4-6-2 Amount of Bereavement Leave A. Eligible employees shall receive up to three days bereavement leave for the death of an immediate family member. B. If travel outside the state is required, employees may be granted up to two additional days bereavement leave at the discretion of the Department Head. C. An employee may request to use any available paid leave balances for additional time off as necessary. Section 4-6-3 Request for Bereavement Leave An employee shall submit a bereavement leave request to his or her supervisor as soon as the need for the leave arises or as soon as possible thereafter. Supervisors shall approve requests for bereavement leave in the absence of unusual Town operational requirements. Section 4-6-4 Definition of Immediate Family For purposes of this policy, "immediate family" is defined as the employee's spouse, parent, child, brother or sister, the employee's spouse's parent, child, brother or sister, the employee's child's spouse, grandparents or grandchildren and any other person whose association with the employee was similar to any of the above relationships. { 00012037.DOC / 2 }4-1 1 Exhibit B to Resolution No. 2008-168 ,~ N~ARANA ~ ~/l\ rowEa aF ~naeaNn CHAPTER 4 EMPLOYMENT BENEFITS Policy 4-7 FAMILY AND MEDICAL LEAVE In accordance with the. Family and Medical Leave Act (FMLA) of 1993 and the National Defense Authorization Act (NDAA) of 2008, the Town of Marana provides job-protected family and medical leaves of absence without pay to eligible employees who are temporarily unable to work due to an FMLA-qualifying reason. Section 4-7-1 Qualifying Reasons for FMLA Leave Eligible employees may qualify for FMLA leave for one or more of the following reasons. A. A serious health condition that renders the employee unable to perform the functions of the employee's job. B. The birth and care of a newborn child of the employee. C. The placement with the employee of a child for adoption or foster care. D. To care for the employee's spouse, child or parent with a serious health condition. E. To care for a covered servicemember of the Armed Forces with a serious injury or illness. F. Any qualifying exigency related to the active duty or call to active duty of a covered military member. Section 4-7-2 Definitions A. Covered military member. The employee's spouse, son, daughter or parent on active duty status or call to active duty status in support of a contingency operation pursuant to federal law as either a member of the Reserve components of the Armed Forces or a retired member of the regular Armed Forces or Reserve. A family member who is on active duty or call to active duty status in support of a contingency operation as a member of the regular Armed Forces is not a covered military member for purposes of leave for a qualifying exigencies. B. Covered servicemember. The employee's spouse, son, daughter, parent or next of kin, as defined by federal regulations, who is a current member of the Armed Forces, including a member of the National Guard. or Reserves, or a member of the Armed Forces, the National Guard or Reserves who is on the temporary disability retired list, who has a serious injury or illness incurred in the line of duty on active duty for which he or she is undergoing medical treatment, recuperation or therapy and that may render the servicemember medically unfit to perform the duties of his or her office, grade, rank or {oooizos~.noc i z}4-12 Exhibit B to Resolution No. 2008-168 N~ARANA ,~'/I\ TOWN OF tdARA.NA CHAPTER 4 EMPLOYMENT BENEFITS rating, or who is otherwise in outpatient status or otherwise on the temporary disability retired list. A family member who is a former member of the Armed Forces, National Guard or Reserves or who is on the permanent disability retired list is not a covered servicemember for purposes of leave to care for a covered servicemember. C. Health care provider. Health care providers who may provide certification of a serious health condition include: 1. Doctors of medicine or osteopathy authorized to practice medicine or surgery (as appropriate) by the state in which the doctor practices 2. Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist) authorized to practice in the state and performing within the scope of their practice under state law 3. Nurse practitioners, nurse-midwives, and clinical social workers authorized to practice under state law and performing within the scope of their practice as defined under state law 4. Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts 5. Any health care provider recognized by the Town or the Town's group health plan's benefits manager 6. A health care provider listed above who practices in a country other than the United States and who is authorized to practice under the laws of that country D. Serious health condition. An illness, injury, impairment, or physical or mental condition that involves any of the following: 1. Any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility 2. A period of incapacity requiring absence of more than three calendar days from work, school, or other regular daily activities that also involves continuing treatment by (or under the supervision of) a health care provider 3. Any period of incapacity due to pregnancy, or for prenatal care 4. Any period of incapacity (or treatment therefore) due to a chronic serious health condition (e.g., asthma, diabetes, epilepsy, etc.) {oooi2o3~.noc i 2}4-13 Exhibit B to Resolution No. 2008-168 ~~~ `~. MARANA ~// tOWN OF ?AARpNq CHAPTER 4 EMPLOYMENT BENEFITS 5. A period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective (e.g., Alzheimer's, stroke, terminal diseases, etc.) 6. Any absences to receive multiple treatments (including any period of recovery therefrom) by, or on referral by, a health care provider for a condition that likely would result in incapacity of more than three consecutive days if left untreated (e.g., chemotherapy, physical therapy, dialysis, etc.) Section 4-7-3 Eligibility A. An "eligible employee" under the FMLA is an employee who has: 1. Worked for the Town for at least 12 months; and 2. Worked at least 1,250 hours during the 12-month period immediately preceding the commencement of the FMLA leave. B. The 12 months an employee must have been employed by the Town need not be consecutive months. If an employee is maintained on the payroll for any part of a week, including any periods of paid or unpaid leave (sick, vacation) during which other benefits or compensation are provided by the Town (e.g., workers' compensation, group health plan benefits, etc.), the week counts as a week of employment. For purposes of determining whether intermittent/occasional/casual employment qualifies as ~~at least 12 months," 52 weeks is deemed to be equal to 12 months. C. Whether an .employee has worked the minimum 1,250 hours is determined according to the principles established under the Fair Labor Standards Act (ELBA) for determining compensable hours of work. Section 4-7-4 Leave Entitlement A. Eligible employees, other than employees qualifying for leave to care for a covered servicemember with a serious injury or illness, shall be granted up to a total of 12 weeks of unpaid FMLA leave within any 12-month period. B. Eligible employees qualifying for leave to care for a covered servicemember with a serious injury or illness shall be granted up to a total of 26 weeks of leave during a single 12-month period. C. Married employee couples may be restricted to a combined total of 12 weeks unpaid FMLA leave within any 12-month period for childbirth, adoption or placement of a foster child, or to care for a parent with a serious health condition. {oomzos~.~oc i 2}4-14 Exhibit B to Resolution No. 2008-168 CHAPTER 4 ~~~~~ MARANA EMPLOYMENT BENEFITS ~`'ti~ /l\ TOWN OF lvtARkNA D. Married employee couples may be restricted to a combined total of 26 weeks unpaid FMLA leave within a single 12-month period to care for a covered servicemember with a serious injury or illness. E. If the FMLA leave period is insufficient and the employee is unable to fully perform the essential functions of his or her position at the conclusion of the FMLA leave period, the employee may request administrative leave pursuant to Policy 4-9. The Town may require updated medical certifications to support the need for the additional leave. However, in no case shall the employee be unable to perform the full essential functions of their regular position for greater than 12 months in a 24-month period. If the employee is unable to return after this time, the Town may initiate separation of employment. Section 4-7-5 Qualifying Exigency Leave under the NDAA An eligible employee who has a spouse, son, daughter or parent who is a covered military member may take up to 12 weeks unpaid FMLA leave for one or more of the following qualifying exigencies as defined by federal regulations. A. Short-notice deployment B. Military events and related activities C. Childcare and school activities D. Financial and legal arrangements E. Counseling F. Rest and recuperation G. Post-deployment activities H. Additional activities or events arising out of the covered military member's active duty or call to active duty status provided that the Town and the eligible employee agree that the leave qualifies as an exigency and agree to both the timing and duration of the leave. Section 4-7-6 How FMLA Leave is Measured A. Except for leave to care for a covered servicemember with a serious injury or illness, the Town uses a rolling 12-month period to calculate FMLA eligibility. Each time an employee uses FMLA leave, the remaining leave entitlement is the balance of the 12 weeks that has not been used during the immediately preceding 12 months. {00012037.DOC / 2}4-1$ Exhibit B to Resolution No. 2008-168 ~~ MARANA ~'/ 1 TQWN OF tv1ARANA CHAPTER 4 EMPLOYMENT BENEFITS B. For leave to care for a covered servicemember with a serious injury or illness, the "single 12-month period" begins on the first day the eligible employee takes FMLA leave to care for the covered servicemember and ends 12 months after that date. Section 4-7-7 Use of Accumulated Leave Employees shall be required to use any accumulated paid leave time (sick, vacation, personal and compensatory) concurrently with approved FMLA leave. If paid leave is exhausted or if an employee does not have any accumulated paid leave balances, the employee shall be placed on unpaid FMLA. Section 4-7-8 Request for Leave A. Eligible employees shall submit a written request for leave to the Human Resources Department at least 30 days in advance of foreseeable FMLA-qualifying events. B. Eligible employees shall submit a written request for leave to the Human Resources Department as soon as practicable for unforeseeable events or within no more than two working days after learning of the unforeseen need for FMLA-qualifying leave. An employee requesting unforeseen FMLA leave has the obligation to comply with the Town's regular attendance and reporting requirements. Section 4-7-9 Medical Certification Employees requesting FMLA leave for their own serious health condition or for the serious health condition of a child, spouse or parent or for the serious injury or illness of a covered servicemember shall be required to submit a medical certification form from a health .care provider verifying the serious health condition, injury or illness and the need to provide care in the case of a serious health condition, injury or illness of an eligible family member. The medical certification shall include the expected beginning and ending dates of the leave. The Town shall allow the employee at least 15 calendar days to obtain the medical certification. Section 4-7-10 Certification for Qualifying Exigency Leave under the NDAA Employees requesting FMLA leave due to a qualifying exigency arising out of the active duty or call to active duty status of a covered military member shall provide certification describing appropriate facts regarding the qualifying exigency for which the leave is requested. The certification shall include information on the type of qualifying exigency for which leave is requested and any available written documentation that supports the request for leave. The certification shall also include the expected beginning and ending dates of the leave. The first time an employee requests leave for a qualifying. exigency, the {oooi zo3~.~oc i 2}4-16 Exhibit B to Resolution No. 2008-168 ~ CHAPTER 4 .~' - ,~~ MARANA EMPLOYMENT BENEFITS ..~... , ~~,.~/1\ FOWPd OF MARANA employee shall also be required to provide a copy of the covered military member's active duty order or other documentation issued by the military which indicates that the covered military member is on active duty or call to active duty status in support of a contingency operation, and the dates of the covered military member's active duty service. Section 4-7-11 Designation of Leave as FMLA Leave In all circumstances, it is the Town's responsibility to designate leave, paid or unpaid, as FMLA-qualifying, and to give notice of the designation to the employee. If the employee's leave request gives the Town sufficient reason to consider the leave as FMLA-qualifying, the Town shall designate the leave as FMLA and inform the employee of the designation within five business days after receiving the employee's request. for leave. Section 4-7-12 Intermittent Leave Under some circumstances, employees may take FMLA leave intermittently, by taking leave in blocks of time or by reducing their normal weekly or daily work schedule. A. Employees requesting intermittent FMLA leave for a serious health condition or to care for a family member with a serious health condition or to care for a covered servicemember with a serious injury or illness shall provide a medical certification from a health care provider to the Human Resources Department documenting the medical necessity for such leave. B. Employees requesting intermittent FMLA leave. for a qualifying exigency arising out of the active duty or call to active duty status of a covered military member shall provide an estimate of the. frequency and duration of the qualifying exigency and an .explanation regarding the necessity for such leave. C. An employee is not guaranteed Intermittent FMLA leave for childbirth, adoption or placement of a foster child. Such leave may be taken only upon approval by the Town. D. The employee must attempt to schedule intermittent leave in a manner that does not unduly disrupt the Town's operations. E. The Town may temporarily transfer an employee on intermittent leave to a different position with equivalent pay and benefits if another position would better accommodate the employee's intermittent leave schedule. Section 4-7-13 Continuation of Health Insurance Coverage During FMLA {oooi2os~.noci2}4-17 Exhibit B to Resolution No. 2008-168 ~;,~' CHAPTER 4 ws'-„~, . MARANA EMPLOYMENT BENEFITS ~~,~ '/t\ TOWN qF ?v1AR.4NA A. Subject to the terms, conditions and limitations of the applicable group health insurance plans, the Town of Marana shall maintain group health insurance coverage, including family coverage, for an employee on FMLA leave on the same terms as if the employee continued to work. B. An employee who is on paid FMLA leave via the use of accrued leave balances, shall continue to pay his or her share of the insurance premium, if any, through payroll deductions. C. An employee who is on unpaid FMLA leave shall make arrangements with the Human Resources and Finance Departments to make payments for his or her share of the insurance premium, if any. If payment is more than 30 days overdue, coverage will be dropped, after 15 days written notice is provided to the employee. In this situation, COBRA will be offered. D. The Town's obligation to maintain health benefits under this section stops if and when the employee informs the Town of an intent not to return to work at the end of the leave period or if the employee fails to return to work when the FMLA leave entitlement is exhausted. In some circumstances, the Town may recover premiums it paid to maintain health insurance coverage for an employee who fails to return to work from FMLA leave. Section 4-7-14 Supplemental Benefits The Town will not maintain other supplemental benefits while an employee is on FMLA leave. To maintain supplemental benefits, the employee must make payment arrangements with the Human Resources and Finance Departments. Section 4-7-15 Suspension of Accumulation of Other Town-Provided Benefits Benefit accumulation, such as vacation, sick leave or holiday benefits, will be suspended during any unpaid leave portion of the FMLA leave period and will resume upon return to active employment. Use of FMLA leave is not considered a break in service when determining eligibility for vesting or for participation in a benefit. Section 4-7-16 Return to Work A. An employee on FMLA leave shall provide the Human Resources Department with at least two days' advance notice of the date the employee intends to return to work. B. An employee on FMLA leave for the employee's own serious health condition shall provide a written release from a health care provider indicating that the employee may resume the full essential functions of his or her position prior to or immediately upon returning to work. {ooo~ zo3~.~oc i 2}4-18 Exhibit B to Resolution No. 2008-168 ~~~ MARANA .,..~. TOWN OF MAR.tNA CHAPTER 4 EMPLOYMENT BENEFITS C. Upon return from FMLA leave, the employee shall be restored to the employee's original position, or to an equivalent position with equivalent pay, benefits and other terms and conditions of employment. D. Under limited circumstances where restoration to employment will cause substantial and grievous economic injury to the Town's operations, the Town may refuse to reinstate certain highly-paid, salaried "key" employees. In order to do so, the Town must notify the employee in writing of his or her status as a "key" employee and the reasons for denying job restoration. The Town must also provide the employee a reasonable opportunity to return to work after the notice is given and make a final determination as to whether reinstatement will be denied at the end of the leave period if the employee then requests restoration. For purposes of this paragraph, a "key" employee is a salaried eligible employee who is among the highest paid ten percent of employees for the Town. Section 4-7-17 Termination of Employment A. If an employee voluntarily resigns his or her position before returning from FMLA, health insurance benefits are subject to COBRA law. B. If an employee fails to report to work at the conclusion of the FMLA period, and has not informed the Town in writing of a request to use other forms of leave, the employee is considered to have resigned. {00012037.DOC / 2 }4-19 Exhibit B to Resolution No. 2008-168 ,~~..~,~ CHAPTER 4 MARA(~A EMPLOYMENT BENEFITS IOtS'N OF ivtAR0.NA Policy 4-8 MATERNITY/ADOPTION/PATERNITY (MAP) LEAVE The Town of Marana provides maternity/adoption/paternity (MAP) leave to eligible employees. Section 4-8-1 Eligibility Regular full- and part-time employees, including those serving in an initial evaluation period, and term-limited temporary employees are eligible for MAP leave as described in this policy. Section 4-8-2 Amount of MAP Leave Eligible employees may be granted up to 12 weeks MAP leave for the birth or adoption of a child. Section 4-8-3 Use of Accumulated Leave Employees shall be required to use any accumulated paid leave time (sick, vacation, personal and compensatory) concurrently with approved MAP leave. If paid leave is exhausted or if an employee does not have any accumulated paid leave balances, the employee shall be placed on unpaid MAP leave. Section 4-8-4 Request for MAP Leave Employees shall submit MAP leave requests in writing to the Human Resources Department. The request shall include the purpose and requested duration of the leave. The Human Resources Department may require verification of the need for the MAP leave from a licensed health care provider. Section 4-8-5 Relationship of MAP Leave to FMLA Leave A. If aMAP-eligible employee is also eligible for FMLA leave, MAP leave and FMLA leave shall run concurrently. B. Employees not eligible for FMLA leave may use MAP leave; however, job restoration is not guaranteed for non-FMLA-eligible employees returning from a MAP leave of longer than 30 calendar days. C. If an employee becomes eligible for FMLA leave while on MAP leave, the employee shall be subject to the FMLA leave provisions of this Chapter. {oootzo3~.~oc i 2}4-20 Exhibit B to Resolution No. 2008-168 CHAPTER 4 ~~~ MARANA EMPLOYMENT BENEFITS ~`~: ti / 1 \ FQYtN OF w1AStANA Section 4-8-6 Maintenance of Benefits During MAP Leave Vacation and sick leave shall not accumulate during MAP leave; however, the remainder of Town-provided employee benefits shall continue without interruption during MAP leave. {oooizos~.noc i z}4-21 Exhibit B to Resolution No. 2008-168 ~ CHAPTER 4 "'-`~ MAf~ANA EMPLOYMENT BENEFITS ~~ -~ati~ t TOWN Of MARANA Policy 4-9 ADMINISTRATIVE LEAVE The Town of Marana may provide administrative leave with or without pay to eligible employees as described in this policy. Section 4-9-1 Eligibility A. Regular full- and part-time employees, including those serving in an initial evaluation period, and term-limited temporary employees may request administrative leave as described in this policy. B. Employees shall not use administrative leave to work for another employer (other than the United States armed forces) or to pursue self-employment. C. Employees shall exhaust all accrued leave balances, including vacation, personal and compensatory leave and, if applicable, sick leave, before becoming eligible for administrative leave. Section 4-9-2 Request for Administrative Leave Employees shall submit written requests for administrative leave to their Department Head. The Department Head shall review the request, make a recommendation of approval or denial and forward the request to the Human Resources Director. The Human Resources Director shall review the request, make a recommendation of approval or denial and forward the request to the Town Manager or designee. The decision of the Town Manager or designee shall be final. Requests will be reviewed based on a number of factors, including Town operational needs and staffing requirements. The denial of a request for administrative leave is not subject to appeal under the personnel action review procedures set forth in Chapter 5 of these Personnel Policies and Procedures Section 4-9-3 Administrative Leave with Pay The Town Manager may approve an administrative leave with pay for an eligible employee for a fixed period of time when such administrative leave is considered by the Town Manager to be in the best interests of the Town. Section 4-9-4 Administrative Leave without Pay A. Any regular full-time employee who has completed one year of employment with the Town may request an administrative leave without pay for non-medical purposes for a period not to exceed 90 calendar days. In reviewing the leave request, the Town Manager or designee shall consider the impact to Town operations, any potential benefit {00012037.DOC / 2}4-22 Exhibit B to Resolution No. 2008-168 -~~~. N~ARANA .~~~i~ TOK'N OF iv1ARANA CHAPTER 4 EMPLOYMENT BENEFITS to the Town and the recommendation of the. Department Head and the Human Resources Director. B. Any regular full- or part-time employee who is either not eligible for FMLA leave or has exhausted the FMLA leave period may request an administrative leave without pay for medical purposes. Requests for administrative leave without pay for medical purposes must be accompanied by a medical certification from a licensed health care provider documenting the medical necessity for and expected duration of the leave. The Town Manager may grant administrative leave without pay for medical purposes in increments of up to three months, provided that the total time the employee is unable to perform the essential functions of his or her regular position does not exceed the equivalent of 12 months in any 24-month period. C. Employees who have been granted administrative leave without pay shall not accrue any vacation or other paid leave time and shall not receive paid time off for Town- approved. holidays during the unpaid leave of absence. D. Employees who are on administrative leave without pay may not be eligible for a regular annual review of job performance nor for an associated adjustment in pay until the performance evaluation anniversary immediately following the return to active employment. status. E. Employees on administrative leave without pay may elect to continue group insurance coverage. However, the employee must bear both the Town's and the employee's share of the cost of the premiums. Payment must be submitted to the Finance Department by the 10th of each month to ensure continued coverage. Section 4-9-5 Return to Work A. Employees who are granted administrative leave without pay shall return to work upon completion of the leave period. An employee who fails to return to work on the date specified in the leave request without receiving an extension in advance is considered to have resigned. B. Employees who are granted administrative leave without pay for medical purposes shall provide a written release from a licensed health care provider indicating that the employee may resume the full essential functions of his or .her position prior to or immediately upon returning to work. C. The Town is not obligated to hold a position vacant or to return an employee to a position following an administrative leave without pay that is not part of an approved FMLA absence. {oootzos~.noc i 2}4-23 Exhibit B to Resolution No. 2008-168 ,~'y.. CHAPTER 4 .~.~- ,~~ IVOAI~ANA EMPLOYMENT BENEFITS -` ti~%I\ towN of rtnaaa N a Policy 4-10 LEAVE DONATION Eligible employees may receive contributions of leave from other employees as outlined in this policy if the employee is unable to return to work due to his or her own catastrophic personal illness or injury or the catastrophic personal illness or injury of an immediate family member. Section 4-10-1 Definitions A. Catastrophic Illness: Illness that requires extensive hospitalization, hospice care or other extraordinary measures of care. B. Catastrophic Injury: Injury that requires extensive recuperation time. C. Immediate family member: The spouse, children, parents, grandparents, brothers, sisters or other individuals whose relationship to the employee is that of a dependent. A relative who, because of family circumstances, has been a parent substitute to the employee may be considered the mother or father in this definition. Section 4-10-2 Eligibility A. Regular full- and part-time employees, including those serving in an initial evaluation period, and term-limited temporary employees are eligible to receive donated leave as described in this policy. B. Eligible employees must be on an approved FMLA leave or medical leave of absence without pay and must have exhausted all accrued paid vacation, sick, personal and compensatory leave balances to be eligible for donated leave. C. Eligible employees shall not receive donated leave if they are receiving benefits through an insurance program paid for by the Town or from their retirement system or are eligible to receive payments from Social Security. D. Eligible employees shall not be permitted to use donated leave if they have been unable to perform the full essential functions of their position for a period of time equivalent to 12 months in a 24-month period. Section 4-10-3 Donation Parameters A. Donation of leave may be made among all levels of Town employment on an hour-for-hour basis.. B. Vacation leave and sick leave may be donated. {oomzo3~.~oc i z}4-24 Exhibit B to Resolution No. 2008-168 ~, CHAPTER 4 .. MARANA EMPLOYMENT BENEFITS ~`~~~/I\ TOH'N pF MARANA C. The receiving employee and the Town are under no obligation to repay the donated leave. D. There is no limit on the amount of donated leave eligible employees may receive, except that the total time the employee is unable to pertorm the essential functions of his or her regular position shall not exceed the equivalent of 12 months in any 24-month period. E. Any unused donated leave will be returned to the donating employee. F. Donating employees must maintain a total balance of 80 hours of sick and vacation leave. Section 4-10-4 Request for Donated Leave A. Applications for donated leave are available in the Human Resources Department. B. The requesting employee shall submit the completed application for donated leave to the Human Resources Department. If it has not already been provided, the employee shall include a medical certification from a licensed health care provider documenting the medical necessity for and expected duration of the leave with the completed application. C. The application will be submitted to the Human Resources Director for approval. Section 4-10-5 Maintenance of Benefits Employees who are receiving donated leave shall be considered to be in a paid status. Therefore, Town-provided employee benefits shall continue without interruption during the period of donated leave. {00012037.DOC / 2}4-2$ Exhibit B to Resolution No. 2008-168 ~~~, CHAPTER 4 ._.-, MARANA EMPLOYMENT BENEFITS ~~~ r~wra of tnaaaNn Policy 4-11 GROUP BENEFITS The Town of Marana provides group benefits coverage, including medical, dental, long-term disability, short-term disability and life insurances, for eligible employees. The Human Resources Department is responsible for implementation and administration of all group insurance plans. Section 4-11-1 Eligibility A. Regular full- and part-time employees, including those serving in an initial evaluation period, and term-limited temporary employees are eligible for coverage under all of the Town's group benefits programs, depending upon the restrictions and limitations of a particular benefit plan. B. Where applicable, the employee may elect to cover dependents under these programs in accordance with current contract requirements and rate schedules. Normal eligibility rules must be met. Section 4-11-2 Group Insurance Coverage The Town contributes to the costs of providing group insurance coverage for full-time employees and those part-time employees whose normal work week is at least 20 hours per week. The Town may also contribute to dependent coverage for eligible employees. Section 4-11-3 Voluntary Benefits Voluntary benefits such as benefits for dependents, supplemental health benefits and additional employee-related benefits are offered by the Town through the Human Resources Department, depending upon the limitations and restrictions of the particular plans. Voluntary benefits are offered at the discretion of the Town Manager or Town Council. Voluntary benefits are fully paid by the employee. Section 4-11-4 Retirement Plan A. Employees whose normal work week is 20 hours or more and who have met the eligibility requirement of the retirement plan are required to participate in the Arizona State Retirement System (ASRS) or, where applicable for sworn police personnel, the Public Safety Personnel Retirement System (PSPRS). B. Retirement benefits accumulate from both employee and employer contributions. Contributions to the retirement system are mandatory for eligible positions and are deducted from the employee's salary each payroll period. {oooi2o3~:DOC i 2}4-26 Exhibit B to Resolution No. 2008-168 CHAPTER 4 IV~r~RANA EMPLOYMENT BENEFITS .`~ `~'/ t 70tYN OF MARP.NA C. Employees are vested in accordance with the retirement plan in which they are enrolled. D. If an employee terminates service without retiring, accumulated vested contributions, with earned interest, are refundable upon. request. Section 4-11-5 Employee Assistance Program A. The Town provides an employee assistance program (EAP) to all regular full- and part-time employees, including those serving in an initial evaluation period, and term- limited temporary employees. B. When an employee voluntarily seeks assistance from the EAP, confidentiality is maintained. The Town will not be informed that help has been sought unless the employee requests that the information be released. C. When stress or personal problems interfere with job performance, the Town will encourage and may require participation in the EAP to deal with job-related performance issues. When participation is required, confidentiality is maintained. The EAP will only verify that the employee has participated as required. D. Use of the employee assistance program may be a condition of continued employment if the Town's drug and alcohol abuse policy is violated. E. No employee will have his or her employment or promotional opportunities jeopardized solely by participation in the EAP, nor will participation in the EAP protect the employee from disciplinary action for substandard performance. {00012037.DOC / 2}4-27 Exhibit B to Resolution No. 2008-168 .~'-'-~~ MARANA ~~ ',~~~ Fv W N OP ./~AB3NA CHAPTER 4 EMPLOYMENT BENEFITS Policy 4-12 WORKER'S COMPENSATION Worker's Compensation is a program of insurance administered by the Industrial Commission of Arizona to protect workers from loss due to awork-related accident or illness. Section 4-12-1 Reporting Requirement Any employee involved in an on-the job accident or injury as defined by the state Worker's Compensation laws must report the accident or injury to his or her immediate supervisor immediately, but no later than 24 .hours after the accident or injury. An employee who has an occupational illness as defined by the state Worker's Compensation laws must report the illness to his or her immediate supervisor immediately upon becoming aware of the occupational illness. If the employee's direct supervisor is not available, the employee shall report the accident, injury or occupational illness to the employee's Department Head. Failure to report the accident, injury or illness within 24 hours may result in the denial of a Worker's Compensation claim. Section 4-12-2 Payments A. If a Worker's Compensation claim is approved for payment, Worker's Compensation pays astate-mandated percentage of the employee's daily wage. B. Worker's Compensation does not pay for the first seven days of time lost from work unless the total number of time off from work exceeds 14 days. If the claim is approved for payment after 14 days and the employee used paid leave balances during the first seven days of time lost, the employee's leave balances shall be reinstated upon receipt of funds by the Town. C. Hours of work lost due to the on-the-job injury or illness are reported on the employee time sheet as "industrial disability." Section 4-12-3 Use of Paid Leave A. An employee receiving payments under the Worker's Compensation laws may use accumulated paid leave to supplement any hours not covered by the payments. The Human Resources Director or designee shall approve such leave usage. B. When sick, vacation, personal or compensatory leave or short-term disability payments are used to supplement any payments that an employee is eligible to receive from Worker's Compensation benefits, the combination of Worker's Compensation payments, disability payments and/or leave benefit payments shall not exceed the employee's normal weekly earning. The purpose of this policy. is to ensure that an employee does not suffer an economic hardship as a result of awork-related injury or illness. However, {0ool2os~.noc i 2}4-28 Exhibit B to Resolution No. 2008-168 ~~~ MARANA ~^~'/ l tQ4YN PF frtARANA CHAPTER 4 EMPLOYMENT BENEFITS the employee should not realize a financial gain as a result of injury or illness. If the combination of payment from Worker's Compensation and the use of other paid leave or disability benefits results in the employee being paid more than his or her normal weekly earning, the Town shall require the employee to reimburse the Town for the overpayment. C. The Town shall not approve the use of sick or vacation leave for an employee who has an injury, illness or disease incurred while employed by another employer. {00012037.DOC /2}4-29 Exhibit B to Resolution No. 2008-168 ^\, CHAPTER 4 NfARANA EMPLOYMENT BENEFITS ~~'/ [ tOIVN Of MRRp~k Policy 4-13 BENEFITS CONTINUATION/COBRA The federal Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1985, amended by the Health Insurance Portability and Accountability Act (HIPAA) of 1996, provides that covered employees and their qualified beneficiaries may continue health insurance coverage under the Town of Marana's health plan when a "qualifying event" would normally result in the loss of eligibility.. The Town shall follow all applicable federal and state laws in determining what constitutes a qualifying event. Section 4-13-1 Payments A. Except as provided in this policy, employees or beneficiaries participating in COBRA benefits shall pay the full cost of coverage at the Town's group rates plus an administration fee as prescribed by federal law. B. The Town Manager, in his or her sole discretion, may authorize Town payment of the costs of COBRA coverage for an employee or his or her beneficiaries for up to six months if the employee's qualifying event is a layoff as described in Chapter 8 of these Policies and Procedures. Section 4-13-2 Written Notification of Eligibility The Human Resources Director shall ensure that each eligible employee and/or beneficiary receives written notification regarding COBRA rights and benefits in accordance with applicable federal and state laws. {oooizo3~.cociz}4-30 Exhibit B to Resolution No. 2008-168 CHAPTER 4 ~~ MARANA EMPLOYMENT BENEFITS ipWN OF MA~2P.NR Policy 4-14 CIVIC DUTY The Town of Marana encourages employees to fulfill their civic responsibilities as citizens and provides civic duty leave to eligible employees as described in this policy. Section 4-14-1 Eligibility Regular full- and part-time employees, including those serving in an initial evaluation period, and term-limited temporary employees are eligible for the various civic duty leaves as described in this policy Section 4-14-2 Jury Duty A. Eligible employees shall be granted up to 10 days of paid jury duty leave over any 12-month period. B. Employees shall show the jury duty summons to their supervisor as soon as possible so that the supervisor may make arrangements to accommodate the employee's absence. C. Employees on jury duty shall be paid their regular base rate of pay provided that they submit any juror fee payments received from the court, excluding mileage and per diem payments, to the Finance Department. Employees may keep mileage and per diem payments. D. If an employee is required to serve on jury duty beyond the period of paid jury duty leave, the employee may request to use accrued vacation, personal or compensatory leave balances or may request administrative leave without pay. E. Employees shall report for work while on jury duty whenever the court schedule permits. F. The Department Head may ask the employee to request an excuse or postponement from jury duty if, in the Department Head's judgment, the employee's absence would create serious operational difficulties. Section 4-14-3 Witness Duty A. Eligible employees shall be granted up to 40 hours of paid time off per instance when subpoenaed to appear in court. B. Employees shall show the subpoena their supervisor immediately after it is received so that the supervisor may make arrangements to accommodate the employee's absence. {oooizo3~.~oc i z}4-31 Exhibit B to Resolution No. 2008-168 ~~-'-' ,~ MARANA ^',i I \ TC'Nl4J r3P ttA&3Nk CHAPTER 4 EMPLOYMENT BENEFITS C. Employees under subpoena shall be paid their regular base rate of pay provided that they submit any witness fee payments, excluding mileage and per diem payments, to the Finance Department. Employees may keep mileage and per diem payments. D. If an employee is required to appear in court beyond the period of paid leave provided by this section, the employee may request to use accrued vacation, personal or compensatory leave balances or may request administrative leave without pay. E. Employees under subpoena shall report for work whenever the court schedule permits. F. Employees are not eligible for witness duty leave time spent in court on personal matters without a subpoena. Employees shall request the use of accrued leave balances for these court matters. Section 4-13-4 Voting A. Any employee eligible and registered to vote in any public election held within this state may request time off for voting. B. The employee may be absent for up to three hours with pay on the day of the election for the purpose of voting. C. The Department Head may specify the hours during which the employee may be absent for the purpose of voting. D. Employees are expected to vote at a time that minimizes impact on the department operations by voting during early or late voting hours. E. An employee may be required to provide evidence of eligibility to vote prior to approval for time off. {oooizos~.~oc i 2}4-32 Exhibit B to Resolution No. 2008-168 ,:.r N~ARANA TOWN ~E AAA~?ANA CHAPTER 6 EMPLOYEE DEVELOPMENT POLICY 6-1 EDUCATION ASSISTANCE The Town of Marana may provide education assistance in the form of tuition reimbursement to eligible employees. Section 6-1-1 Purpose The Town of Marana recognizes that the skills and knowledge of its employees are critical to the success of the organization. The education assistance program encourages personal development through formal education so that employees can maintain and improve job-related skills or enhance their ability to compete for reasonably attainable jobs within the Town. Section 6-1-2 Budget Appropriation and Capacity A. The education assistance program is subject to any limitations imposed by the Town's budget appropriations and capacity and the availability of funds. If the Town Council is unable to appropriate sufficient funds for the program, the Town shall be under no obligation to provide tuition reimbursement to employees. B. Available funds shall be disbursed to eligible employees on a first-come, first-served basis for any given fiscal year. Once available funds in a fiscal year are expended, no further reimbursement to employees will occur. Section 6-1-3 Reimbursement A. Employees approved for participation in the education assistance program shall receive reimbursement from the Town for 75 percent of approved tuition costs, as defined by this Policy. The employee shall be responsible for any remaining balances. B. The maximum assistance, available to any one employee is $5,000 per fiscal year. C. The employee shall be responsible for all other expenses, including, but not limited to, books, supplies, parking, and application and registration fees. Section 6-1-4 Eligibility for Participation A. All regular full-time employees with satisfactory work and attendance records who have successfully completed the initial evaluation period are eligible to participate in the education assistance program. Exhibit C to Resolution No. 2008-168 ~~~~~ I~ARAI~A ~~ti~ l TO'~d'N ~P SdARANA CHAPTER 6 EMPLOYEE DEVELOPMENT B. Employees who receive grants, scholarships, or veteran's benefits that cover tuition costs are eligible to participate, but the Town will only reimburse the employee for those tuition costs that are not covered by these external funds. C. Only courses that begin after a new employee's initial evaluation period ends will be eligible for reimbursement. D. Employees participating in the program must earn a grade of "C" or higher in graded courses or a grade of "pass" in pass/fail courses in order to remain eligible. Employees shall provide proof of satisfactory grades in the form of an original grade report or transcript to the Human Resources Department within 45 calendar days of the completion of each course. Section 6-1-5 Criteria for Approval A. All courses shall be directly related either to the employee's present job or to a position within the Town to which the employee could logically progress in the future or a part of a planned program leading to an undergraduate or graduate degree in a field that has applicability to Town business (e.g., accounting, engineering, criminal justice). B. All courses shall be taken on the employee's own time, during off duty hours. C. All courses shall be taken at accredited colleges, universities or community colleges or at Town-approved vocational and- trade schools. Section 6-1-6 Application and Reimbursement Procedures A. Employees shall complete a tuition reimbursement application, available through the Human Resources Department, before registering for any courses. B. All applications must have the prior approval of the employee's Department Head, as indicated by the Department Head's signature on the application. C. Applications shall be reviewed and approved or disapproved by the Human Resources Director or designee and the Town Manager or designee. Employees shall not be reimbursed for any courses enrolled in prior to receiving written confirmation of approval from the Town Manager or designee. D. If the application is approved, employees must submit a completed request for reimbursement, along with proof of satisfactory grade(s), within 45 calendar days of the completion of each course. Failure to submit the completed request as required within the time limit shall result in disqualification for tuition assistance. Exhibit C to Resolution No. 2008-168 .~ ~~~ N~ARA~JA T6Vi'N OP MAR,4NA CHAPTER 6 EMPLOYEE DEVELOPMENT E. Requests for reimbursement shall be reviewed by the Human Resources Director and then routed to the Town Manager or designee. Upon final approval of the request for reimbursement by the Town Manager or designee, reimbursement shall be distributed to the employee. F. The approval of an employee's participation in the education assistance program is not a guarantee that the employee will receive reimbursement. Reimbursement is based upon the employee's continued satisfactory work performance. Section 6-1-7 Termination of Employment A. Employees participating in the education assistance program who separate from Town employment for any reason within 12 months of receiving reimbursement shall be required to repay the Town the full amount of the reimbursement. B. The amount of repayment to the Town shall be withheld from the employee's final paycheck. C. If the amount of the employee's final .paycheck is not sufficient to cover the cost of repayment to the Town, the employee shall be required to reimburse the Town for the amount due at the time of termination. Exhibit C to Resolution No. 2008-168 11~~RANA .~tiv TOWN ~F PAARANA CHAPTER 6 EMPLOYEE DEVELOPMENT Policy 6-2 TOWN-SPONSORED AND REQUIRED TRAINING It is the policy of the Town to encourage and coordinate training opportunities for employees and supervisors to enhance the efficiency and effectiveness of Town services. "Training" is defined as any work-related seminar, conference, convention or workshop attended by an employee when registration and expenses are funded in whole or in part by the Town. Section 6-2-1 Procedures A. The employee's Department Head must approve attendance at training programs within the state prior to registration by the employee. B. The Town Manager or designee must approve attendance at training programs out-of-state prior to registration by the employee. C. Town-sponsored and required training shall generally be arranged during regularly scheduled work hours. A Department Head may change the standard work hours of an employee to accommodate or require attendance at training activities. Required training shall be considered hours worked. D. Employees who acquire training on their own time and expense are encouraged to notify the Human Resources Department so the information can be -noted in the employee's personnel file. A copy of any certificates awarded should be forwarded for inclusion in the employee's personnel file. E. The Human Resources Department shall maintain an employee training history and shall periodically audit training attendance and policy compliance. Exhibit C to Resolution No. 2008-168 IV~1~~'tAl~l/a •~1r/!\ TOWN OR MAFtANk CHAPTER 6 EMPLOYEE DEVELOPMENT Policy 6-3 SPECIAL LICENSES AND MEMBERSHIP FEES Membership in outside organizations shall be in the name of the Town, if possible. Section 6-3-1 As a Condition of Employment A. The Town will pay the current annual dues or fees for each employee who is required to be a member of a professional organization or who must maintain current a particular certification or license as a condition of employment. B. The employee must present a dues statement or other verification of the amount due to his or her Department Head. Payment will be made upon approval by the Department Head. C. Whenever possible, the Town will pay the dues or fees directly to the professional organization or licensing agency on behalf of the employee. If the Town cannot pay the dues or fees directly to the professional organization, the Town will make a lump sum payment to the employee in the amount of the current annual dues or fees. Section 6-3-2 As a Condition of Professional Growth A. Employees who belong to professional organizations that are not required as a condition of employment, but that promote individual professional growth, competence and effectiveness in functioning as Town employees are encouraged to attend local, state and national meetings subject to approval by the Department Head and budgetary limitations. B. Payment of dues and fees for these non-mandated organizations is the responsibility of the individual employee unless approved for Town payment by the Town Manager. Exhibit C to Resolution No. 2008-168