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HomeMy WebLinkAboutResolution 2010-002 amendments to the town's personnel policies and procedures, revising chapter 4MARANA RESOLUTION N0.2010-02 RELATING TO PERSONNEL; APPROVING AND ADOPTING AMENDMENTS TO THE TOWN'S PERSONNEL POLICIES AND PROCEDURES, REVISING CHAPTER:4 - EMPLOYMENT BENEFITS; 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 may be modified or changed from time to time; and WHEREAS the Town Council adopted Personnel Policies and Procedures via Town of Ma- rana 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 December 15, 2009 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 4 of the Town's Personnel Policies and Procedures, entitled `Em- ployment Benefits," is hereby amended as set forth on Exhibit A attached to this resolution. SECTION 2. 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 3. 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 MA- RANA, ARIZONA, this 5~' day:p~~an~ary, 2010. .' F 1$,~ ~ ' ~,~~ ~~ ~~c~'m~Ua~~ ',rp ~~~a.r-- ~ r ~.. ~ ~ ®• Mayor d Honea ATTEST: ~d~®~~~~'a~p®®~ `+ APPROVED AS TO FORM: ,. ~` T cel C. onson, Town Clerk ~?-~~ G'~..., ~ ,,xank Cassel yn y, Town At rney {00018613.DOC /} r1"~~ IVO~.RANA .:~~% d ~. TOVJN OF MARANA 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 Acts (NDAA) of 2008 and 2010, 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 47-1 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 47-2 Definitions A. Covered military member. The employee's spouse, son, daughter or parent on active duty status or call to active duty status f°~';aw as either a member of the regular component of the Armed Forces or a member of the Reserve components of the Armed Forces or a retired member of the regular Armed Forces or Reserve. a e~c~ger~ies: B. Covered servicemember. he emolovee's spouse. son. dauahter. parent or next of kin. ~~ efined by federal reaulations. who is either of the followina: 'T~ I~°~iee'S cnr~~ ~c° cr~n rl r„ Irv hl°r nr~r°n• nr n°v4 °f Lin ~~+ rl°fin°rl ~~~ furl°r~+l A current member of the Armed Forces, including a member of the National Guard or Reserves, ^o; -a-r^~er~°~ ^f 4h° ~.,~,°rl~~~b ~a; ,who has a serious EXHIBIT A TO MARANA RESOLUTION 2010-02 {oooisin.noc i} 1 N~ARANA ~l~. TpY1N pF MARANA CHAPTER 4 EMPLOYMENT BENEFITS injury or illness; ;~artid i~t#e-~iee-^f a, ,+., n., ,n+;.,n ~+., fnr .uhi^h hn nr~T~ ~~er~v~nm9-n~e~~^~Tea+Trmrrer~+~ r^^~ ~r~°r~+inr~ nr +h°r~r~" ~nr1 +h ~+ mom" r°r~r~°r +h° , , g or who is otherwise in outpatient status or i~ otherwise on the temporary disability. retired list. ^ f.~,mi~., w+nmhnr u,hn is ~ fnrmnr mnmh,+r of +hn ^rmnr! Cnrnne~ f A veteran who is undergoing medical treatment. recuperation or theraov for a serious iniurv or illness and who was a member of the Armed Forces. including the National uard or Reserves. at any time during the period of five years orecedina the dat ich the veteran undergoes that medical treatment. recuperation or theraov. 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 EXHIBIT A TO MARANA RESOLUTION 2010-02 {oooisi~i.DOC i} 2 MARAI~A 1 ~. TOWN OF MARANA CHAPTER 4 EMPLOYMENT BENEFITS 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.) 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.) E. Serious iniurv or illness. 1. An iniurv or illness incurred by a member of the Armed Forces: includina a member o_f_ the National Guard or Reserves, in the line of duty on active duty in the Armed Forces or an iniurv or illness that existed before the beainnina of the member's active utv and was aaaravated by service. in the line of duty on active duty in the Armed Eo_rces and that may render the member medically unfit to perform the duties of the korr 2. A aualifvina iniurv or illness. as defined by the Secretary of Labor. incurred by a veteran in the line of duty on active duty in the Armed Forces or an iniurv or illness that existed before the beainnina of the member's active duty and was aaaravated by service in the line of duty on active duty in the Armed Forces and that manifested itself before or after the member became a veteran. F. Veteran. A oerson who served in the active military. naval. or air service. and who was discharged or released from the service under conditions other than dishonorable Section 47-3 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. EXHIBIT A TO MARANA RESOLUTION 2010-02 {oooisi~i.DOC i} 3 -T=`..~~ MARAI~A w,.~ / ! ti TOVM OF MARANA CHAPTER 4 EMPLOYMENT BENEFITS 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 47-4 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. 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. For ~urgoses of tracking leave time, 12 months will be measured based on 2080 hours for full-time ovees and nro-rated for Hart-time emr~lovees. If the employee is unable to return after this time, the Town may initiate separation of employment. EXHIBIT A TO MARANA RESOLUTION 2010-02 {oooisin.noc i} 4 ~"'..~~ MAI~ANA :~%/ 1 ~.. YOV1N OF MARANA CHAPTER 4 EMPLOYMENT BENEFITS Section 47-5 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 ofithe 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 47-6 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. 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 47-7 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 EXHIBIT A TO MARANA RESOLUTION 2010-02 5 {oooisin.noc i} ~~~~ MAI~ANA ~`;:~1~. TOYlN Of MARANA CHAPTER 4 EMPLOYMENT BENEFITS 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 47-9 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 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 47-11 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 47-12 Intermittent Leave EXHIBIT A TO MARANA RESOLUTION 2010-02 {oooiain.noc i} 6 ~~~~ I~ARANA w.~l~ti to~rrrr ~F ~+Awtr~n CHAPTER 4 EMPLOYMENT BENEFITS -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 47-13 Continuation of Health Insurance Coverage During FMLA 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 EXHIBIT A TO MARANA RESOLUTION 2010-02 {oooiain.DOC i} 7 fi MAI~ANA ~~~~ TQWN QF MARANA CHAPTER 4 EMPLOYMENT BENEFITS 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 47-15 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 47-16 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. 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 EXHIBIT A TO MARANA RESOLUTION 2010-02 {oooisi~i.DOC i} 8 -~`~'~~ MARANA :~ %t~ TpWN Of hiARANA CHAPTER 4 EMPLOYMENT BENEFITS _ 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. EXHIBIT A TO MARANA RESOLUTION 2010-02 {oooiai~i.noc i} 9 ^~~~^.~ MARAN( A TOV/N OF MARANA CHAPTER 4 EMPLOYMENT BENEFITS 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 49-1 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 49-2 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 49-3 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 49-4 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 EXHIBIT A TO MARANA RESOLUTION 2010-02 {oooisin.voc i} 10 ~~ MARA~IA .~ / 1 \ TQWN OF MARANA 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. For ourooses of tracking leave time. 12 months will be based on 2080 hours for full-time emolovees and oro-rated for Hart-time molovees. 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 49-5 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. EXHIBIT A TO MARANA RESOLUTION 2010-02 {oooiain.DOC i} 11 MARANA ~~ ,~' 1 ~. TQY1N OP MARANA CHAPTER 4 EMPLOYMENT BENEFITS Policy 410 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 410-1 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 410-2 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. tracking leave time. 12 months will be easured based on 2080 hours for full-time emplovees and oro-rated for Dart-time emolovees. EXHIBIT A TO MARANA RESOLUTION 2010-02 {oooiain.DOC i} 12 "-'r~`~~ MARAI~A ~~~~ ~ ~` ,~~~ TOWN OF MARANA CHAPTER 4 EMPLOYMENT BENEFITS Section 410-3 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. 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 perform the essential functions of his or her regular position shall not exceed the equivalent of 12 months in any 24-month period. or ourooses of tracking leave time, 12 months will be measured based on 2080 hours or full-time emolovees and oro-rated for Hart-time emolovees. 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 410-4 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 410-5 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. EXHIBIT A TO MARANA RESOLUTION 2010-02 {oooiain.noc i} 13