The URL can be used to link to this page

Home My WebLink AboutResolution 2012-081 relating to chapter 4 personnel policyMARANA RESOLUTION NO. 2012-081 RELATING TO PERSONNEL; APPROVING AND .ADOPTING AMENDMENTS TO THE TOWN'S PERSONNEL POLICIES AND PROCEDURES, REVISING CHAPTER 4 -- EMPLOYMENT BENEFITS AND DELETING POLICY 7 -2 "RETURN TO WORK" 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, 1 999; 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 Chapter 4 of the Town's Personnel Policies and Procedures at the October 16, 2012 Council meeting, which proposed amendments included replacing Policy 7 -2 "Return to Work" with Policy 4-14 "Alternative Work Assignments/Light Duty "; 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 "Employment Benefits" is hereby amended as set forth in Exhibit A attached to this resolution. SECTION 2. Policy 7 -2 of the Town's Personnel Policies and Procedures, entitled "Return to Work" is hereby deleted in its entirety. Marana Resolution No. 2012-081 SECTION 3. The Town's mana and staff are hereb directed and authorized to undertake all other and further tasks re or beneficial to carr out the terms, obli and objectives of the aforementioned amendments. PASSED AND ADOPTED BY THE MAYOR AND COUNCI HE F TOWN OF MARANA, ARIZONA, this 7 th da of November, 2012. F THE td H" onvea ATTEST: ?c e I . Bronson , y " e Town Clerk Marana ReSOILItion No. 2012-081 N OF sR IZ ON� — 2 — 7 7 , ffis fflo, - Town Ai s e - TOWN OF MARANA REVISED PERSONNEL POLICIES AND PROCEDURES Table of Contents CHAPTER 4. EMPLOYMENT BENEFITS AND LEAVES Policy -1 Vacation Leave ............................................................................................................ ..............................4 Section4 -1 -1 Eligibility ............................................................................................................ ..............................4 Section 4 -1 -2 n ^^ of Vacation Leave ...................................................... ..............................4 Section 4 -1 -3 Rate of n ,,,,,,,-ntl at; , . , -, Accrual ......................................................................... ..............................4 Section 4 -1 -4 Maximum A ^^uin. fl � Accrued Hours Permitted ..................................... ..............................5 Section 4 -1 -5 Request for Vacation Leave ............................................................................. ..............................5 Section4 -1 -6 Vacation Leave Pay ........................................................................................... ..............................5 Section 4 -1 -7 Payment of Vacation Leave Upon Termination of Employment ............... ..............................5 Policy -2 Sick Leave .................................................................................................................... ..............................5 Section4 -2 -1 Eligibility ............................................................................................................ ..............................6 Section 4 -2 -2 A ,„-,,,,-,-,,, lafi , .rAccrual of Sick Leave ............................................................... ..............................6 Section 4 -2 -3 Rate of A ,, ^,, U at; ......................................................................... ..............................6 Section4 -2 -4 Permitted Uses .................................................................................................. ............................... 6 Section 4 -2 -5 Notification to Supervisor ................................................................................ ..............................7 Section4 -2 -6 Medical Verification .......................................................................................... ..............................7 Section 4 -2 -7 Additional Conditions of Eligibility .............................................................. ............................. .78 Section 4 -2 -8 No Sick Leave Available .................................................................................. ..............................8 Section 4 -2 -9 Transfer of Sick Leave Hours to Vacation Leave .......................................... ..............................8 Section 4 -2 -10 Payment of Sick Leave Upon Termination of Employment ...................... ..............................8 Policy -3 Personal Leave ........................................................................................................... .............................89 Section4 -3 -1 Eligibility ........................................................................................................... .............................89 Section 4 -3 -2 Amount of Personal Leave ............................................................................... ..............................9 Section 4 -3 -3 Request for Personal Leave ......................................................................... ............................... 910 Section 4 -3 -4 No AEEurul-af; ^N ............................................................................... ............................... 9Accrual ................................................................................................................................................ ............................... . .10 Section 4 -3 -5 Termination of Employment .......................................... ............................... ............................1910 Policy -4 Holidays ...................................................................................................................... .............................10 Section4 -4 -1 Eligibility ........................................................................................................... .............................10 Section 4 -4 -2 Town - Approved Holidays .............................................................................. .............................10 Section 4 -4 -3 Amount of Paid Time Off for Town - Approved Holidays ....................... ............................47011 Section 4 -4 -4 Miscellaneous Rules ......................................................................................... .............................11 Section4 -4 -5 Exception ........................................................................................................... .............................11 Policy -5 Military Leave ............................................................................................................ .............................11 Section 4 -5 -1 Eligibility ........................................................................................................ ............................�12 Section 4 -5 -2 Paid Military Leave ........................................................ ............................... ............................4412 Section 4 -5 -3 Advance Notice Reauirements ....................................................................... .............................12 Section 4 -5 -4 No Break in Service .......................................................................................... .............................12 Section4 -5 -5 Return to Work ................................................................................................. .............................12 Policy 4 -6 Bereavement Leave ................................................................................................ ............................47213 Section4 -6 -1 Eligibility ........................................................................................................ ............................�13 {0003 .00031988.DOC /} Section 4 -6 -2 Amount of Bereavement Leave .................................................................... ...........................IQ Section 4 -6 -3 Request for Bereavement Leave ................................................................... ...........................IQ Section 4 -6 -4 Definition of Immediate Family .................................... ............................... ...........................12 Policy 4 -7 Family And Medical Leave ..................................................... ............................... ...........................12 Section 4 -7 -1 Qualifying Reasons for FMLA Leave ........................................................ ............................... Section4 -7 -2 Definitions ........................................................................ ............................... ...........................13 Section4 -7 -3 Eligibility .......................................................................... ............................... ...........................15 Section 4 -7 -4 Leave Entitlement ........................................................... ............................... ...........................45 Section 4 -7 -5 Qualifying Exigency Leave under the NDAA ............ ............................... ...........................16 Section 4 -7 -6 How FMLA Leave is Measured .................................... ............................... ...........................16 Section 4 -7 -7 Use of A Ec: u +u' a to Accrued Paid Leave ................................................ ..............................4 18 Section4 -7 -8 Request for Leave ............................................................ ............................... ...........................1 Section 4 -7 -9 Medical Certification ...................................................... ............................... ...........................1 Section 4 -7 -10 Certification for Qualifying Exigency Leave under the NDAA ............ ...........................4 18 Section 4 -7 -11 Designation of Leave as FMLA Leave ........................ ............................... ...........................18 Section 4 -7 -12 Determination/ Notice of Substantial and Grievous Economic Injury ... .............................19 Section 4 -7 -13 Intermittent Leave ......................................................... ............................... ...........................18 Section 4-7- Gonfinuafion14 Maintenance of Group Health 1 a Ee Ce of ge n„ r; QC FA 41 ^ Plan Benefits .................................................................................................................................... ............................... 20 Section 4 -7 -15 S i ^'"' o _^_^^� � M � �'_ a fi ^N Maintenance of Other Z -own Prot 7; a Benefits ...............X Section 4 -7 -16 No Break in Service ...................................................................................... ............................... 21 Section4 -7 -17 Additional Leave .......................................................................................... ............................... 21 Section4 -7 -18 Return to Work ............................................................................................... .............................19 22 Section 4 -7 -19 Termination of Employment ........................................................................ .............................22 Policy 4 -8 later' tom' Administrative Leave ............................ .............................29 23 Section4 -8 -1 Eligibility ........................................................................................................... .............................29 23 Section 4 -8 -2 Amount of MAPAdministrative Leave ......................................................... .............................Z-n for Medical Purposes ........................................................................................................... ............................... 23 Section - 8 - 3 Use o A -j=4 4 , 4 r, a Leave 1 T 7l1 • ............ • ............................................................. ............................... 20 Administrative Leave for Non - Medical Purposes .............................................................. .............................24 Section4 -8 -4 ................................................................................. ............................... Compensation.......................................................................................................................... .............................24 Section 4 -8 -5 Re1a M AP L eave t o FMJ ^ Town - Assigned Administrative Leave .................21 Section 4 -8 -6 Maintenance of Benefits ........................................ ............................... 2125 SeEt 4 9 5 Rt Tof ................................................................................................. .............................23 Section4 -8 -7 Return to Work ................................................................................................. .............................25 Section 4 -8 -8 Termination of Employment .......................................................................... .............................26 Section4 -8 -9 No Right of Appeal .......................................................................................... .............................26 Policy -109 Leave Donation ..................................................................... ............................... ...........................23 Section 4 -109 -1 Definitions .................................................................... ............................... ...........................23 Section 4 -109 -2 Eligibility ...................................................................... ............................... ...........................24 1 0003 176 .00031988. /} Section4- 3 n,-.Y, a t; ,-.,-, P a ram eters ...................................................................................... ............................''4 SeEtion '' 10 49-3 Request for Donated Leave X4 Section 4 -10 5 9 -4 Donation of Leave ................................................................................... ............................... 28 Section 4 -9 -5 Coordination with Other Payments .............................................................. .............................29 Section 4 -9 -6 Maintenance of Benefits ................................................. ............................... ...........................25 Section4 -9 -7 Leave Accrual ................................................................................................... .............................29 Policy 444 10 Group Benefits .................................................................... ............................... ...........................25 Section4 -44 -1 .. ................................................................................................... ............................... � �� rou p e g SeEt o G Insurance Cover 25 Section4- ........................................................................................ ............................... S,,,-, 4 11 410 -2 Retirement Pl an ...................... ............................... ''Plans ................................................................................................................................................ ............................... . .30 Section 444 -53 Employee Assistance Program .............................. ............................... ...........................2 Section4 -10 -4 Voluntary Benefits .......................................................................................... .............................31 Policy 4 - Ter r's11 Workers' Compensation 2- Section 4 -1-2 -1 Reporting Requirement ............................................ ............................... ...........................2-7 Section 4 - 12 2 'L'- -Tments .11 -2 Determination of Compensabi& ................................................................................................................................................ ............................... ... 31 Section 4- 12 3 Use of Paid T ,,. ve2 11 -3 Types of Claims ................................................................................................................................................ ............................... ... 31 Section4 -11 -4 Use of Leave .................................................................................................... .............................32 Section 4 -11 -5 Maintenance of Benefits ................................................................................ .............................33 Section 4 -11 -6 Coordination with the Supplemental Benefits Plan for Public Safety Employees .............33 Section4 -11 -7 Miscellaneous ................................................................................................. .............................34 Policy 4 -4-3 Supplemental Benefits Plan for Public Safety Employees ........................... ...........................2-8 Section 4 -4-3 -1 Definitions .................................................................. ............................... ...........................2 Section 4 -4-3 -2 Eligibility .................................................................... ............................... ...........................2-8 Section 4 -4-3 -3 Supplemental Compensation .................................. ............................... ...........................2 Section 4 -4-3 -4 Application Procedures ............................................ ............................... ...........................2 Section 4 -4-3 -5 Maintenance of Benefits ........................................... ............................... ...........................3 Section 4 -4-3 -6 Paid Leave Balances .................................................. ............................... ...........................34 Section 4 -4-3 -7 Miscellaneous ............................................................ ............................... ...........................31 Policy 444 Benefits Continuation/ COBRA ........................................ ............................... ...........................31 Section444 -1 Payments .................................................................... ............................... ...........................31 Section 444 -2 Written Notification of Eligibility ........................... ............................... ...........................3 Policy 4 -14 Alternative Work Assignments/ Light Duty ........................................................ .............................38 Section4 - - Eli _ iy ......................................................................................................... .............................38 Section4 -14 -2 Definitions ....................................................................................................... .............................39 Section4 -14 -3 Procedures ..................................................................................................... ............................... 39 Section4 -14 -4 Duration .......................................................................................................... .............................40 Section 4 -14 -5 Interaction with Other Laws and Policies ................................................. ............................... 40 Section 4 -14 -6 No Right to Alternative Work Assignment ................................................ .............................40 Section4 -14 -7 Miscellaneous ................................................................................................. .............................41 Section 4 -14 -8 No Right of Appeal ........................................................................................ .............................41 Policy -15 Civic Duty ................................................................................ ............................... ...........................32 Section 4 -15 -1 Eligibility ........................................................................ ............................... ...........................32 Section4 -15 -2 Jury Duty ........................................................................ ............................... ...........................32 Section4 -15 -3 Witness Duty .................................................................. ............................... ..........................3 -3 Section4 -15 -4 Voting ............................................................................. ............................... ...........................33 { 0003 176 .00031988. /} i rr MARANA ��/ I \' TOWN OF M+ RANA CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES POLICY 4 -1 Vacation Leave The Town of Marana provides vacation leave with pay to eligible employees. Section 4 -1 -1 Eligibility The provisions of this policy apply to all regular full- and part -time classified and unclassified employees, including those serving in an initial evaluation period, and term - limited temporary employees iaiWe to Y, r v +� ^ 1e t Tll S a s Section 4 -1 -2 Accrual of Vacation Leave A. Eligible employees shall begin to accrue vacation leave on their effective date of hire. eke B. AiFiWhen an employee is on T_T a „r; ' leave and a portion of the leave is un the em shall accrue vacation leave on a prorated basis, based on the number of hours paid by the Town during the pay period. When an employee is on leave and receives no compensation from the Town, the employee shall not accrue vacation leave. C. Vacation leave n A B 4 4' n t - ion accrual is cumulative, up to the maximum number of hours permitted by this policy. Section 4 -1 -3 Rate of Accrual A. Eligible full -time employees shall a EEU m . A be accrue 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 __ _ _ --__ - -? � �a % ; l aRq ^ accrue vacation leave on a prorated basis each pay period based on the number of hours �€i . aid by the Town durina the ay eriod. 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 ( >) 1 .00031988.DOC /1 4 -4 Revised: November 7, 2012 September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 0= 6% i 10 MA IOWN OF MANS. CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES five years on the day after the employee's fifth anniversary; therefore, the employee shall begin earning at the higher accrual rate Of +h i t 4 n � - T T �T[lZ C 1 Tt OV4 %ea um lhi for the pay Period in which this date falls. D. 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 A ^^, � Hours Permitted A. An employee's a C-EU B 4 4' aA.. accrued 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. In extenuating circumstances, the Town Manager may approve an exception to this provision �-r 1,J..er e)(Ea- t ier a' %_.L JL%_L A _L_LLStaR and g rant an em an additional 90 calendar days to come into compliance with the 240 -hour rule without forfeitin , any vacation leave. This exception will only be granted once per rolling 12 -month period. If the employee fails to come into compliance with the 240 -hour rule within the additional 90 -day period, the employee will forfeit all accrued vacation leave in excess of 240 hours. 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 any special assignment a at the time of the leave. Vacation leave pay shall not include overtime or any adjustments to pay such as shift differential {0003 .00031988.DOC /1 4 -5 Revised: November 7, 2012 September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 i rr MARANA ��/ I \I TOWN OF M+ RANA CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES Section 4 -1 -7 Payment of Vacation Leave Upon Termination of Employment Upon termination of employment, employees shall be paid at their base rate of pay for any unused a EEUm4fl a. -. accrued vacation leave earned through the last day of work. W. W WI I 11 1 - -- - -- -- - - - - -- - -- -- - - -- POLICY 4 -2 SICK LEAVE The Town of Marana provides sick leave with pay as income protection to eligible employees. Section 4 - - 1 Eligibility The provisions of this policy apply to all re gular full- and part -time classified and unclassified employees, including those serving in an initial evaluation period, and term - limited temporary employees�e -el iai n J e 3 T T S a � � Section 4 -2 -2 Accrual of Sick Leave A. Eligible employees begin to accrue sick leave on their effective date of hire. z r � ��f�� t, 3 L B. When an employee is on L V V .JL �� r 0 rr'� A ia 1„ T7 a, leave and a portion of the leave is unpaid, the employee shall accrue sick leave on a prorated basis, based on the number of hours paid by the Town during the pay period. When an employee is on leave and receives no compensation from the Town, the employee shall not accrue sick leave. C. Sick leave shall n EEU M I +e-accrue without limit. Section 4 -2 -3 Rate of Accrual A. Eligible full -time employees shall n EEU M I +accrue sick leave at the rate of 3.08 hours per pay period. B. Eligible part -time employees shall a EEU m I ftleaccrue sick leave on a prorated amou siE-1KE lerebasis each pay period based on the number of hours tp TAT ^"• aid by the Town du the pay eriod. Section 4 -2 -4 Permitted Uses A. Eligible employees may use sick leave after 30 days of employment. Eligible employees shall be permitted to use sick leave for the following reasons: 1 .00031988.DOC /1 4 -6 Revised: November 7, 2012 September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 i rr MARANA =/ I \\, TOWN OF M+ RANA CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES 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 ±zFeat-rrrer fLs, ex y ip"' '' ""' f ' + + '-L LU - p Ointments, including regular, preventative care a that must be made during working hours and travel time to and from such appointments. 4. Illness efor injury of immediate family member or surgical, medical, dental or optical appointments, includinre preventative care appointments, for an immediate family member and related travel time to and from a physician's office. For purposes of this policy, # ""immediate family member" shall be defined as 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. For unplanned absences, such as when an employee is unable to report to work due to illness or injury, the employee shall notify his or her direct supervisor before the scheduled start of the employee's work day. The employee shall also contact his or her direct supervisor Tr must A I be 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. Upon return to work, the employee shall submit a leave request form to his or her direct supervisor for the time missed. Requests for leave are subject to the approval of the supervisor and the supervisor may require the employee to submit a medical verification statement from a health care provider verifying the need for the sick leave absence. B. For planned absences pursuant to this policy, such as a planned appointment or medical procedure, an employee shall submit a leave request form to his or her direct supervisor as soon as the employee becomes aware of the need for the planned absence. Requests for leave are subject to the approval of the supervisor and the supervisor may require the employee to submit a medical verification statement from a health care provider verifying the need for the sick leave absence. Section 4 -2 -6 Medical Verification A. If an employee iL uses sick leave for three or more consecutive days �%]HAe f,-.01 i.1r4 , the employee's supervisor or Department Head may require the 1 .00031988.DOC /1 4 -7 Revised: November 7, 2012 September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 i rr MARANA ��/ I \\, TOWN OF M+ RANA CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES employee to submit a medical verification statement from a 1; E-er iS health care provider verifying the 01.f the illness 0 P4:4�J44rr S need for the sick leave absence. B. If an employee exhibits an unusual pattern of sick leave absences, such as recurring IN -J, Pr F absences _ _ _ _ _ __- -- won the d immediately preceding and /or immediately following athe employee's regularly scheduled days off or Town - approved holidays, the employee's supervisor or Department Head may require athe employee to submit a medical verification statement from a health care provider verifying the need for the sick leave absence. ;r ij z pr r n y r _ ��-� rr� �-E T� r&rIi 1 Lc.L l 1 r — -. C. If the employee fails to provide the required medical verification or if the employee's Department Head determines, in consultation with the Human Resources Director or desi 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. 1 ta f "i i l e T e I applicable, an employee on an +�� I %� req uestiag to use sick leave must apply for any other available compensation and benefits that the employee may be eligible to receive, SRALE- L& % 1nTq r`n -er- under disability insurance coverage provided by the Town, such as workers' compensation and short- and long -term disability. B. Sick leave benefits may be used to supplement any payments that an employee is eligible to receive from workers' S compensation or any disability insurance programs paid for by the Town. C. The employee's pay shall not exceed the employee's normal weekly earnings through any combination of paid leave and other payments received by the employee, such as disability insurance payments, or workers' compensation benefits. If the combination of payments results in the employee being aid more than his or her normal weekly earnings, the Town shall require the employee to reimburse the Town for the overpayment. 1 .00031988.DOC /1 4 -8 Revised: November 7, 2012 September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 i rr MARANA ��/ I \\, TOWN OF M+ RANA CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES Section 4 -2 -8 No Sick Leave Available An employee who has exhausted aEEtI ' A 0.-� accrued sick leave may request +r +; T T!l 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. If the transfer of sick leave hours to the employee's vacation leave S. a" b ae� he-� n�r X L -L-L'T he- �r��rr�� stotal would cause the employee's a EEU m 4 4' a , -. accrued vacation leave to exceed the maximum vacation leave hours allowed under this chapter, the employee's re for transfer shall be denied. Section 4 -2 -10 Payment of Sick Leave Upon Termination of Employment A. Employees shall not be compensated for unused n EEU ffl 4' a .- accrued sick leave upon termination of employment. B. If a regular full- or part -time classified employee l4 "a p fd i � 1 !1T T!l!l „,� �� 1 vL l r Tl1TA T� _L%-FVV :witLi V V X L,.JL LXX L tyW E) �T-%PN41LFjLS1 OfiL t.LJLL%e- tALLaAL,%e- i0f is laid off and then recalled within a 12 calendar month period following the effective date of the layoff, the employee's previous unused accrued sick leave balance shall be restored at the time of the employee's re- employment. POLICY 4 -3 PERSONAL LEAVE The Town Of Marana provides personal leave with pay to eligible employees. 1 .00031988.DOC /1 4 -9 Revised: November 7, 2012 September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 0= 6% i 10 MA IOWN OF MANS. CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES Section 4 -3 -1 Eligibility The provisions of this policy apply to all regular full- and part -time classified and unclassified employees, including those serving in an initial evaluation period, and term - limited temporary employees are- p]ici1610 ' 1 Section 4 -3 -2 Amount of Personal Leave A. Eligible full -time employees shall receive 16 hours of personal leave each calendar year. B. When an employee is on leave at the be inning of a calendar year, even if a portion of the leave is unpaid, the employee shall still receive the full allotment of personal leave. C. 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. D. BAs 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 E. If the Town Manager grants additional personal leave to an employee pursuant to paragraph C-D 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. However, if the Town Manager grants additional personal leave to an employee pursuant to the provisions of this policy, the Town Manager may waive the required 30 day waiting period. {0003 i 76 .00031988.DOC /1 4 -10 Revised: November 7, 2012 September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 0= 6% i 10 MA IOWN OF MANS. CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES 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 N`T^ Accrual Personal leave does not a eEu n 4' ;4 +1aaccrue 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 accuffiffl accrued personal leave upon termination of employment. 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 The provisions of this policy apply to all regular full- and part -time classified and unclassified employees, including those serving in an initial evaluation period, and term - limited temporary employees e-' "b" life -err ^ ^ff ^ ��e -�,cT L 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 Monday in September) 7. Veterans' Day (November 11) 8. Thanksgiving Day (fourth Thursday in November) 9. Day after Thanksgiving (fourth Friday in November) {0003 i 76 .00031988.DOC /1 4 -11 Revised: November 7, 2012 September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 j■■ 6 % i 10 MA IOWN OF MANS. CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES 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 paid time off on Town - approved holidays based on the number of hours they are regularly scheduled to work. B. 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. Section 4 -4 -4 Miscellaneous Rules A. If a Town - 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 a Town - approved holiday falls on an eligible employee's regularly scheduled day off, the employee shall receive paid time off for that holiday based on the number of hours they are regularly scheduled to work. Section 4 -4 -5 Exception An employee who is in an unpaid status on the day immediately preceding or immediately following a Town - approved holiday, excluding the employee's regularly scheduled day off, shall not receive paid time off for the holiday. 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. The provisions of this policy are not intended to conflict with or supersede state or federal law, nor should they be interpreted or construed to do so. If any provision of this policy conflicts with state or federal law, state or federal law shall control. Section 4 -5 -1 Eligibility Employee eligibility for military leave shall be determined in accordance with the provisions of applicable state and federal law. {0003 i 76 .00031988.DOC /} 4-12 Revised: November 7, 2012 September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 0= 6% i 1. MARAN IOWN OF MANS. CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES Section 4 -5 -2 ' 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 military leave r l y j - that may be unpaid or paid via the - - employee's use of accrued vacation, personal or compensatory leave: balances. Any request to use paid leave balances will be considered in accordance with the leave policies set forth in this chapter. Section 4 -5 -3 Advance Notice Requirements A. C—.An employee ordered to military service shall provide his or her Department Head wither � advance notification of the leave, toget unless aivina advance notice is prevented by military necessity or is otherwise impossible or unreasonable under the circumstances. The notice may either verbal or written. The United States Defense Department strongly recommends that advance notice be provided at least 30 days prior to departure for uniformed service when it is feasible to do so. B. Additionally, the Town requests that the employee provide his or her Department Head with a copy of the employee's military orders. JL Ike- r `sic^ P'� O !l TA T!1l1�� Ch S +r] rt 04 t !l 1 !l r] T T!1 ; as soon as practicable. Section 4 -5 -4 '' 5. No Break in Service Time spent in active military service is not considered a break in service' ;A" Coun ^� I; � ��, %-.L % I � for purposes of determining seniority or leave accrual rates. Section 4 -5 -5 Return to Work If an employee fails to report to work within the timeframes established under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) at the conclusion of the military leave, and has not submitted a written request for additional leave, the employee is considered to have resi POLICY 4 -6 BEREAVEMENT LEAVE The Town of Marana provides bereavement leave with pay to eligible employees. {0003 i 76 .00031988.DOC /1 4 -13 Revised: November 7, 2012 September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 0= 6% i 10 MA IOWN OF MANS. CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES Section 4 -6 -1 Eligibility The provisions of this policy apply to all regular full- and part -time classified and unclassified employees, including those serving in an initial evaluation period, and term - limited temporary employees a e-e1 icUletoreEe_:L T Te_ 1, elreaveifflTRt: leave S tLiq 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. Any request to use paid leave balances will be considered in accordance with the leave policies set forth in this chapter. 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 member" i-sshall be defined as the employee's spouse, parent, child, brother , ,sister, grandparent, grandchild, mother -in -law, father -in -law, son -in -law, daughter -in -law, brother -in -law, sister -in -law, or step -child and any other person whose association with the employee was similar to any of the above relationships. 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. The provisions Of this policy are not intended to conflict with Or supersede federal law, nor should they be interpreted or construed to do so. If any provision of this policy conflicts with federal law, federal law shall control. {0003 i 76 .00031988.DOC /1 4 -14 Revised: November 7, 2012 September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 j■■ 6 % i 10 MA IOWN OF MANS. CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES 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 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. B. Covered servicemember. The employee's spouse, son, daughter, parent or next of kin, as defined by federal regulations, who is either of the following: 1. A current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness or who is otherwise in outpatient status or is otherwise on the temporary disability retired list. 2. A veteran who is undergoing medical treatment, recuperation or therapy for a serious injury or illness and who was a member of the Armed Forces, including the National Guard or Reserves, at any time during the period of five years preceding the date on which the veteran undergoes that medical treatment, recuperation or therapy. C. Group health plan. A plan (including a self - insured plan) of, or contributed to by, an employer or employee organization to provide health care (directly or otherwise) to the employees, former employees, the employer, others associated or formerly associated with the employer in a business relationship, or their families. D. 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 {0003 i 76 .00031988.DOC /1 4 -15 Revised: November 7, 2012 September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 j■■ 6 % i 10 MA IOWN OF MANS. CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES 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 E. Key employee. A salaried FMLA - eligible employee who is amon the highest paid ten percent of all Town employees, as determined pursuant to the provisions of the FMLA and accompanying regulations. F. 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.) 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.) G. Serious injury or illness. 1. An injury or illness incurred by a member of the Armed Forces, including a member of the National Guard or Reserves, in the line of duty on active duty in the Armed {0003 i 76 .00031988.DOC /1 4 -16 Revised: November 7, 2012 September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 0= 6% i 10 MA IOWN OF MANS. CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES Forces or an injury or illness that existed before the beginning of the member's active duty and was aggravated by service in the line of duty on active duty in the Armed Forces and that may render the member medically unfit to perform the duties of the member's office, grade, rank or rating. 2. A qualifying injury 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 injury or illness that existed before the beginning of the member's active duty and was aggravated 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. H. Veteran. A person 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 4 -7 -3 Eligibility A. An "eligible employee" under the FMLA is a-na classified or unclassified 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 W-,' %-LL%- -&%-1VV-LL required by paragraph (A) (1) above 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 (FLSA) 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 uni0aid FMLA leave during a single 12 -month period. {0003 i 76 .00031988.DOC /1 4 -17 Revised: November 7, 2012 September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 i rr MARANA ��/ I \l TOWN OF MARIIANA CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES 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. 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 within any 12 -month period 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 10003 i 76 .00031988.DOC /1 4 -18 Revised: November 7, 2012 September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 AAL�IIIIIIILWAW,�Wft"1 ffill �1 I ll� I I I I I I I I I I W . Ila I I W. a "MPAIN N M ��11 I -- - -- -- - - -- - -- - - -- IN- - - -- - -- -- -- - - -- - - - 'Mil - - -- - - -- - -- -- - - - - -- - -- -- - -- N W. - - -- - -- -- - - -- - - - -- - - -- - -- -- - - -- - -- - - - - - - - -- -- - - -- - - -- 111111111 - - - -- - - - -- 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 within any 12 -month period 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 10003 i 76 .00031988.DOC /1 4 -18 Revised: November 7, 2012 September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 i rr MARANA ��/ I \\, TOWN OF M+ RANA CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES 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 4 -7 -7 Use of "^^44M441 ni Paid Leave .%� 4R 4%.1 i iA �N 4T ^ .FMLA leave is unpaid leave, unless an employee uses accrued paid leave balances during the FMLA leave period as described in this section. The Town requires employees to use any accrued paid leave balances concurrently with approved FMLA leave to the extent necessary for the employee to cover payment of the employee's share of any insurance premiums. The employee may choose to use only the amount of paid leave necessary to cover the cost of the insurance premiums and to save other accrued leave balances for future use, or the employee may choose to use accrued paid leave balances to cover his or her full salary. The use of paid leave time is sub ed to the leave policies set forth in this chapter. 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 SALhill are 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. 10003 i 76 .00031988.DOC /1 4 -19 Revised: November 7, 2012 September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 0= 6% i 10 MA IOWN OF MANS. CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES 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 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 Determination/Notice of Substantial and Grievous Economic Injury A. When a key employee gives notice of the need for FMLA leave and the Town makes a good faith determination, based on the facts available, that substantial and grievous economic injury will occur to the Town's operations if the key employee is reinstated at the conclusion of the leave period, the Town shall provide written notice of the determination to the key employee as soon as practicable. The notice shall inform the employee that the Town cannot deny FMLA leave, but that the Town intends to deny restoration to employment upon completion of the key employee's FMLA leave. If FMLA leave has already commenced, the notice shall provide the key employee a reasonable time frame in which to return to work, takina into account the circumstances, such as the length of the leave and the urgency of the need for the employee to return. B. If the key employee commences the leave despite the Town's notice, or if a key employee already on leave at the time of the notice does not return to work in response to the Town's notice, the key employee's rights under FMLA continue unless and until the employee either Gives notice that he or she no longer wishes to return to work, or the Town actually denies reinstatement at the conclusion of the leave period. {0003176 .00031988.DOC /1 4 -20 Revised: November 7, 2012 September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 6" 1. MARAN IOWN OF MANS. CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES C. The Town shall make the determination of whether the reinstatement of the key employee will cause substantial and rievous economic injury in accordance with the applicable provisions of the FMLA and accompanying re g ulations. D. If the Town fails to provide timely notice of the determination to the key employee, the Town shall reinstate the employee even if substantial and Grievous economic injury will result from reinstatement. Section 4 -7 -13 Si^^A ^n '' 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 -14 S ti , 4 71 ��,� -; �,,, ��-; ��, of H ke-a t ri, s it jar nee. ��tT„F, a CX„ Dur;:, S. 9 - - — - Maintenance of Group Health Plan Benefits A. Subject to the terms, conditions and limitations of the applicable group health insurance plans, the Town of Marana shall maintain group health ' plan benefits, 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 group health plan insurance premium, if any, through payroll deductions. {0003 .00031988.DOC /1 4 -21 Revised: November 7, 2012 September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 i rr MARANA =/ I \\, TOWN OF M+ RANA CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES 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 grou health plan insurance premium, if any. If payment is more than 30 days overdue, after 1 =71 %'Lb%- ""L the Town shall provide written notice . � i Q r'nun A :wil Lp p f f a to the employee that payment VV.JLJLJL has not been received and that coverage will be dropped. The notice shall be mailed to the employee at least 15 days before coverage is to be dropped. If the Town pays any of the employee's share of group health plan premiums, the Town may require the employee to reimburse the Town for the employee's share. If coverage is dropped, it shall be dropped retroactively to the date the unpaid premium payment was due and the provisions of the federal COBRA law shall apply. D. The Town's obligation to maintain grouio 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 its share of premiums it paid to maintain group health insurance coverage for an employee who fails to return to work from FMLA leave. Section 4 -7 -15 4-7-14 c„ v, t r a n i , l Maintenance of Other Benefits A. The Town T x ill q L O t vL L raiqLrLt�lPL$ leme n�n e has no obligation to maintain insurance and other benefits, such as life insurance or disability insurance, that are not considered to be a "croup health plan" while an employee is on FMLA leave. To ,L::LPL%;,4L.iJL4L:4LVt-%;,4L-J,LL—L � � , t.LJLH%a- i%a--:L-LL4P1PA-,ee must maLe 4pxvment af ents -L-LL%,L-L'-1.%- r kL .7 -L-LL%- X %,L-L L L t rr%rr'�rrrcr l� TZC � �P� ,, S etiffees "'Rt F "- affP `_"' Town will meet its responsibilities to provide equivalent benefits to the employee upon return from FMLA leave. 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 any non -group health plan insurance premiums through payroll deductions. C. An emplovee who is on unpaid FMLA leave must make pavment arrangements with the Human Resources and Finance Departments for his or her share of any non -group health iolan insurances premiums. If payment is more than 30 days overdue, the Town shall provide written notice to the employee that payment has not been received and that coverage will be dropped. The notice shall be mailed to the employee at least 15 days before coverage is to be dropped. If the Town pays any of the employee's share of non -group health plan premiums, the Town may require the employee to reimburse the Town for the employee's share. If coverage is dropped, it shall be dropped retroactively to the date the unpaid premium payment was due. 1 .00031988.DOC /1 4 -22 Revised: November 7, 2012 September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 i rr MARANA =/ I \\, TOWN OF M+ RANA CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES Section 4 -7 -16 No Break in Service ' The use of FMLA leave is not considered a break in service or purposes of determining �iaib a o L r n r + i ii � seniority or a -- --- r - -- - leave accrual rates. Section 4 -7 -17 Additional Leave A. If the emnlovee is unable to nerf orm the full essential functions of his or her position with or without a reasonable accommodation, at the conclusion of the FMLA leave period, or if the employee needs additional time to care for a child, spouse or parent with a serious health condition or a covered servicemember with a serious injury or illness, the employee may request administrative leave for medical purposes pursuant to Policy 4 -8. B. The Town may reauire undated medical certifications to sunnort the need for the additional leave. C. The Town is not obligated to grant administrative leave for medical purposes, but will review the reauest taking into consideration the Town's operational needs and staffing requirements. Section 4 -7 -18 Si "r-At ^" '' 7 1 Return to Work A. Emnlovees returning from FMLA leave generally have the right to return to their same position or an equivalent position, with equivalent pay, benefits and working conditions at the conclusion of the leave, unless the employee informs the Town of an intent not to return from leave or the employee fails to return from leave or continues on a leave after exhausting his or her FMLA leave entitlement in a 12 -month period. B. 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. C. B-.-An employee on FMLA leave for the employee's own serious health condition shall provide a 4-A:%e-4R certification of fitness to return to work from a health care provider h.er resitiorto the Human Resources Department prior to or immediately upon returning 1 - =- r - - - - - - -- to work. If the employee does not provide the certification, the Town may delay restoring the employee to employment until the certification is provided. If any work restrictions are specified, the provisions of these Personnel Policies and Procedures related to alternative work assignments /light duty may apply. {0003 .00031988.DOC /1 4 -23 Revised: November 7, 2012 September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 i rr MARANA ��/ I \\, TOWN OF M+ RANA CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES Mr • 1111ff . 9 will . D. ' T' _ _ ____ __ to _ _ _= _ . hee key employee who has been notified that restoration to employment will cause substantial and grievous economic injury to the Town's operations n --r�_� f�T�� Eert�i�lLi l' b _1L - - may still request reinstatement at the end of the leave period. The Town shall then make a final determination as to whether reinstatement will b.,e t�4A6J %4 % A L t � +rL%e ter f cause substantial and grievous economic injury, based on the facts available at the time the employee requests restoration. 1� {.%- r T .-Own If the Town determines again that substantial and Grievous economic injury will result, the Town shall notify the key employee in writing of the denial of restoration. Section 4 -7 -19 4-7 7 Termination of Employment A. If an emtilovee is unable to nerf orm the full essential functions of his or her position, with or without a reasonable accommodation, at the conclusion of the FMLA leave and a request for administrative leave for medical purposes has been denied, or the employee has been unable to perform the full essential functions of his or her regular position, with or without a reasonable accommodation, for areater than 12 months in a 24 -month period, the Town may initiate separation of employment. For purposes of tracking leave time, 12 months will be measured based on 2080 hours for full -time emplovees and ro -rated for part -time employees. B. A. an employee voluntarily resigns his or her position before returning from FMLA, health insurance benefits are subject to COBRA law. C. B an employee fails to report to work at the conclusion of the FMLA leave period and has not Itr - �r�� .i# submitted a written request to use other forms of leave, the employee is considered to have resigned. 1 .00031988.DOC /1 4 -24 Revised: November 7, 2012 September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 i rr MARANA ��/ I \l TOWN OF MARIIANA CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES — -- — - -- - -- -- -- - - - -- -- — - - - - -- W.1 " ww -- -- - h - -- -- - -- m OMAN - -- -- - -- — - .. .. — -- — - -- - -- -- -- - - - -- -- — - - - - -- -- -- -- Willi 111 -- - - - - -- - ii -- - —— - -- ,, AMEN% -- - - - - -— - -- - -- -- - - - -- -- — - - - — - - -- P — - -- - -- ggggM 1 1 I 1 . . _ . . .. _ _ .. _ . . _ . _ _ 1 I 1 . . 1 I 1 I III � III III III 111 11111 • • • . .. 1 wm- V a.. I no • • 1 1 . .. • 1 .00031988.DOC /1 4 -25 Revised: November 7, 2012 September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 All rr MARANA ��/ I \J TOWN OF M+ RANA CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES POLICY 4 -8 P01 TC-v 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- 8- 1 Eligibility ° CX4 4 A rThe provisions Of this policv apply t0 all re ular f ull and part -time classified and «r - r r unclassified employees, including those serving in an initial evaluation period, and term - limited temporary employees _rL_`'_;r� — �rz l° t�__ r i aT e a s a °� s - -- - - - -- - - �r.�■ir.�� - - - �= - - - - - - - - - - � 41 0 N NOW ILWALIALWLMM�J E 11 AN I III .. _ ._ - - - - - -- - - - -- - - - - -- - - -- - -- -- - - � Ww sue. ■��. ■...i•�s�s�r�.��.1 -.�L Section 4 -8 -2 Administrative Leave c°^j - ; „:, 4 • � ; � ;�T° T �,�T° TAT7th Q4 . n ;� for Medical Purposes -.1 -JL L - - -- - - - - - -- - All II All MU -1. 1. - - - - - - - - - - - - ffift .AIN - - W. - - - - .- - - - - -- N il -- - -- - -- - - -- - -- - - - -- -- Al Al - - - - 1 ' I'll 1111111111111111 ANN - - - -- -- - - -- -- -- -- - - - -- -- - -- - -- - - - -- - - l � Ib ' w 11, WALIMMwg - - -- - - - -- -- -- - - -- -- - - - - -- - - - - - - - - - -- - - -- -- - -- - - - -- - - - - - - - - -- c°^j - ; „:, 4 • � ; � ;�T° T �,�T° TAT7th Q4 . n ;� for Medical Purposes -.1 -JL L 1 .00031988.DOC /1 4 -26 Revised: November 7, 2012 September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 - - -- - - - - - -- - - - - m "Ah - - - - - -- - - - - - - - - - - - -- -- - - N1.01 MU -1. 1 .00031988.DOC /1 4 -26 Revised: November 7, 2012 September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 i rr MARANA TOW OF MANS. CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES Eligible employees who are either not eligible for FMLA leave or who have exhausted the FMLA leave period may request administrative leave for medical purposes for any of the reasons that are listed in Section 4- 7 -1(A) through (E) of these Personnel Policies and Procedures. Employees may not use administrative leave for medical purposes for exigencies related to the active duty or call to active duty of a covered military member, as defined in the FMLA and the NDAA. B. Eligible employees shall submit a written request for administrative leave for medical purposes to the Human Resources Department at least 30 days in advance of foreseeable events. C. Eligible employees shall submit a written request for administrative leave for medical purposes to the Human Resources Department as soon as practicable for unforeseeable 3. events or within no more than two working days after learning of the unforeseen need for administrative leave for medical purposes. An employee requesting unforeseen administrative leave for medical purposes has the obligation to comply with the Town's regular attendance and reporting requirements. D. Requests for administrative leave for medical purposes must be accompanied by a medical certification from a health care provider documenting the medical necessity for and expected duration of the leave. E. The Human Resources Department shall review the request for administrative leave for medical purposes with the employee's Department Head and General Manager, where applicable. In considering the leave request, the Town shall consider the impact to the Town's operations and staffing requirements. F. T 01 :&V 4V;4L:= AAFL1%aAff1.F The Human Resources Department, in consultation with the Department Head and General Manager, where applicable may grant administrative leave for medical purposes in increments of up to thra.e _��+hs90 days at a time, provided that the total time the employee is unable to perform the essential functions of his or her regular position, with or without a reasonable accommodation does not exceed the equivalent of 12 months in any 24 -month period. For purposes of tracking leave time, 12 months will be measured based on 2080 hours for full -time employees and pro -rated for part -time employees. f0003 .00031988.DOC /1 4 -27 Revised: November 7, 2012 September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 i rr MARANA ��/ I \\, TOWN OF M+ RANA CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES Section 4 -8 -3 Administrative Leave for Non - Medical Purposes A. Eligible employees who have completed one year of continuous employment with the Town may request administrative leave for non - medical purposes, such as a sabbatical. Employees shall not use administrative leave for non - medical purposes to work for another employer or to pursue self - employment. B. Eligible employees shall submit a written request for administrative leave for non - medical purposes to their Department Head at least 30 days prior to the start of the requested leave. C. bA- hey •� � �i TT%- of a� — The Department Head shall review the request for administrative leave for non - medical purposes with the General Manager where applicable, and the Human Resources Department. The Department Head, General Manager, where applicable, and the Human Resources Department shall make a recommendation to the Town Mana re garding the request for administrative leave for non - medical purposes. In considering the leave request, the Town Manager, or designele shall consider the impact to the Town's operations and staffing requirements, as well as any potential benefit to the Town resulting from the employee's leave. D. all iihil :JKL%P--V-'-i'L-%--V-'V- Of& jOb 4,3'%a-:jK4,L0FfRaREe noif Af%pr:jrL alLn ass ikalb%aftd. a1H%-JlLj4HLLQl',:fnent ikn f-6a nt s t-a Q.The Town Manager may grant administrative leave for non - medical purposes in any increment, for a maximum of up to 90 total days of leave. IV" Cl ]A 4=P3jzPVAc 'lT[L TQ Section 4 -8 -4 Compensation A. Administrative leave for medical or non - medical purposes may be paid or unpaid, as described in this section. B. The Town requires employees to use any accrued paid leave balances concurrently with approved administrative leave to the extent necessary for the employee to cover payment of the employee's share of any insurance premiums. The employee may choose to use only the amount of paid leave necessary to cover the cost of the insurance premiums and to save other accrued leave balances for future use, or the employee may choose to use accrued paid leave balances to cover his or her full salary. The use of paid leave time is subject to the leave policies set forth in this chapter. 1 .00031988.DOC /1 4 -28 Revised: November 7, 2012 September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 i 6 1. MARANA IOWN OF MANS. CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES C. If an employee does not have any accrued paid leave balances or exhausts all paid leave, the employee shall be placed on unpaid administrative leave. Section 4 -8 -5 Town - Assigned Administrative Leave A. A Department Head, General Manager or the Human Resources Department may, with the approval of the Human Resources Director, assign an employee to administrative leave with pay for a specific non disciplinary reason or purpose, such as pendin results of a fitness - for -duty examination. B. When an employee is assigned to administrative leave pursuant to this section, any documentation placed in the employee's official personnel file shall specifically note that the administrative leave is for non - disciplinary reasons. C. Town - assigned administrative leave shall ordinarily not exceed 21 calendar days. The Human Resources Department may authorize an extension in extenuatin circumstances. Section 4 -8 -6 Maintenance of Benefits A. An employee who is on paid administrative leave via the use of accrued leave balances shall continue to pay his or her share of any group health plan and other insurance premiums throw h payroll deductions. B. An employee who is on unpaid administrative leave must pay both the employee's and the Town's share of any group health plan and other insurance premiums in order to maintain coverage. The employee must make payment arrangements with the Human Resources and Finance Departments. If payment is more than 30 days overdue, the Town shall provide written notice to the employee that payment has not been received and that coverage will be dropped. The notice shall be mailed to the employee at least 15 days before coverage is to be dropped. If the Town pays any of the employee's or the Town's share of group health plan or other premiums in order to maintain coverage, the Town may require the employee to reimburse the Town. If coverage is dropped, it shall be dropped retroactively to the date the unpaid premium payment was due and the provisions of the federal COBRA law shall apply. Section 4 -8 -7 '' -9 -- --Return to Work {0003176 .00031988.DOC /1 4 -29 Revised: November 7, 2012 September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 i rr MARANA =/ I \\, TOWN OF M+ RANA CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES A. The Town is not obligated to hold a position vacant or to return an employee to a position following an unpaid administrative leave that is not part of an approved FMLA absence. B. An employee on administrative leave for medical purposes shall provide the Human Resources Department with at least two days' advance notice of the date the employee intends to return to work. C. An employee on administrative leave for medical purposes for the employee's own serious health condition shall provide a certification of fitness to return to work from a health care provider to the Human Resources Department prior to or immediately upon returning to work. If the employee does not provide the certification, the Town may delay restoring the employee to employment until the certification is provided. If any work restrictions are specified, the provisions of these Personnel Policies and Procedures related to alternative work assignments /light duty may apply Section 4 -8 -8 Termination of Employment A. If an employee is unable to perform the full essential functions of his or her position, with or without a reasonable accommodation, at the conclusion of administrative leave for medical purposes and a request for further leave has been denied, or the employee has been unable to perform the full essential functions of his or her re aular position, with or without a reasonable accommodation, for greater than 12 months in a 24 -month period, the Town may initiate separation of employment. For purposes of tracking leave time, 12 months will be measured based on 2080 hours for full -time employees and pro -rated for part -time employees. B. If an employee fails to report to work at the conclusion of administrative leave and has not submitted a written request to use other forms of leave, the employee is considered to have resi Section 4 -8 -9 No Right of Appeal The denial of a request for administrative leave, or the placement of an employee on Town assigned leave, is not subject to appeal under the personnel action review procedures set forth in Chapter 5 of these Personnel Policies and Procedures. 1 0003 176 .00031988.DOC /1 4 -30 Revised: November 7, 2012 September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 i rr MARANA ��/ I \l TOWN OF M+ RANA CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES POLICY 4 -9 PO T C_V ''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 EataS +r ^r ALL; 1llqR T he -Ea lam' serious health condition or the serious health condition of an immediate family member as defined in this policv. Section 4 -9 -1 4 J n 1 Definitions • r �r r�n��T� purposes of this policv, "serious health condition' &%-L-Y shall be defined as set forth in Policy 4 -7 (Family and Medical Leave) of these Personnel Policies and Procedures. B . T,- ,; T7• T,-,;,, r��e !11/�llY, � T7�� n „r��rnI ^_For purposes of this %-.& %A. -- - - r - ) - -� - ) - -. - - - ioolicy, "immediate f amity member” shall be defined as set forth in Policy 4 -2 (Sick Leave) of these Personnel Policies and Procedures. -- -- - - - -- -- - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- -- -- -- -- -- - -- -- - - - - - - - - - - - - - - - - -- - - - - -- I -- - -- - If - 111 -- - -- Section 4 -9 -2 4 14) A. The provisions of this policy apply to all regular full- and part -time classified and unclassified employees, including those serving in an initial evaluation period, and term - limited temporary employees a ve JL iaiW ^ to i•^E^' J ^ � T 7!l S a ^� i_LL B. To be eligible to receive and use donated leave, employees must meet all of the following criteria: 1. Be on approved FMLA leave or administrative leave for medical purposes. 2. Have exhausted all accrued paid `�Tr%CCCr�rL� Tr %ice .7 %,L-L L%,L -L-L L %�LL_.' %l JL L%IL V % a leave balances to -ethat the employee is eligible � � lere. to use. 3. of r^ ^l �iW ^ to r^c^ • r is fro, c��; c ^�, , r; �✓7_ Have applied for any other available compensation and benefits that the employee may be eligible to receive under disability insurance coverage provided by the Town, such as workers' compensation and short- and long -term disability. 1 .00031988.DOC /1 4 -31 Revised: November 7, 2012 September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 i rr MARANA =/ I \' TOWN OF M+ RANA CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES C. Eligible employees shall not be permitted to use donated leave if they have been unable to perform the full essential functions of their position, with or without a reasonable accommodation, for a period of time equivalent to 12 months in a 24 -month period. For purposes of tracking leave time, 12 months will be measured based on 2080 hours for full -time employees and pro -rated for part -time employees. Section 4 -9 -3 Reauest for Donated Leave A. Employees may request donated leave by submitting a completed request form, available in the Human Resources Department, to the Human Resources Department. If it has not already been provided, the employee shall include a medical certification from a health care provider documentin& the medical necessity for and expected duration of the leave with the completed form. B. Employees must submit a new request form for each FMLA leave or administrative leave for medical purposes period during which the employee desires to receive and use donated leave. C. The Human Resources Department will review the request to ensure the employee's eligibility. If the employee is eli , ig ble the Human Resources Department will then post the request for donated leave in a location to be determined by the Human Resources Department. Section 4 -9 -4 Donation'':1raMeter °of Leave A. DA-�04 1V levels of T b %L v L hem - -r ��'r ��.Employees may donate leave by submitting a completed leave donation form, available in the Human Resources Department, to the Human Resources Department. The identity of donating employees will be kept confidential. B. Emiolovees must submit a new leave donation form for each FMLA leave or administrative leave for medical purposes period during which the employee desires to donate leave and for each person the emiolovee desires to donate leave to. C. �1��eECr,cx - r ,., „T,ee -a�� Employees may donate vacation or sick leave, pursuant to the following conditions: 1. Donating employees must maintain a total cumulative balance of 80 hours of sick and vacation leave. 1 000 3 176-2- - .0003 1988.DOC /1 4 -32 Revised: November 7, 2012 September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 i rr MARANA =/ I \' TOWN OF M+ RANA CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES 2. Employees may only donate up to 40 hours of sick leave per calendar year. Employees may donate as much vacation leave as they choose, provided that the mandated 80 -hour balance is maintained. D. Employees must donate leave in full day increments, based on the number of hours in the receiving employee's work day. That is, if the receiving employee works ei ht hour days, the donating employee must donate leave in eight -hour increments; if the receiving employee works ten hour days, the donating employee must donate leave in ten -hour ., increments, and so on. E. Employees must pledge up to a certain maximum amount of leave hours they will donate for a particular employee during a particular leave period. The pledged leave hours will remain in the donating employees leave banks unless and until they are needed by the receiving employee, at which time the Finance Department will draw from the pled d leave hours. F. The Human Resources Department will review the leave donation form to ensure that the donation complies with the provisions of this policy. As the Finance Department draws from the pledged leave hours, the Finance Department will monitor the donation to ensure continued compliance with the mandatory 80 -hour leave balance provision of this policy. G. If more than one employee donates leave to a particular employee, leave will be deducted from the donors' leave balances on a rotating basis, in the order it was donated in full day increments, based on the number of hours in the receiving employee's work da H. 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, with or without a reasonable accommodation shall not exceed the equivalent of 12 months in any 24 -month period. For purposes of tracking leave time, 12 months will be measured based on 2080 hours for full -time employees and pro -rated for part -time employees. -- - r- - - - - -- - - - -- - - - -- - - -- - NM - - 11 loll III III Il -- - - -- - 111 W W M - - - - -- -- -- -- -- - - -- - - - -- - - - - - - - -- - -- -- -- LWIl 111111 OF 0 19 1 0003 176 .00031988.DOC /1 4 -33 Revised: November 7, 2012 September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 i rr MARANA =/ I \I TOWN OF M+ RANA CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES I. Donated leave hours may only be drawn from and used by the receiving employee while the donating employee is an active Town employee. T. The receiving employee and the Town are under no obligation to repay any used donated leave to the donating employee. Section 4 -9 -5 Coordination with Other Payments The employee's pay shall not exceed the employee's normal weekly earnings through any combination of donated leave and other payments received by the employee, such as workers' compensation benefits or disability insurance payments. If the combination of payments results in the employee being paid more than his or her normal weekly earnings, the Town shall require the employee to reimburse the Town for the overpayment. Section 4 -9 -6 4 1-0 of Benefits An employee who is On leave and using donated leave shall b'.e b0l b L IIII %-.&.& %,L L L continue to pay his or her share of any group health plan and other insurance Premiums through payroll deductions. Section 4 -9 -7 Leave Accrual A. An employee who is on leave and using donated leave shall not accrue any sick or vacation leave during the leave period Of 1j "q �tPj_ B. An employee who is on leave and using donated leave at the beainnina of a calendar year shall still receive the full allotment of personal leave. POLICY 4 -10 nnI IC-v - GROUP BENEFITS The Town of Marana provides group benefits coverage -�_ 1 %IL L� �_��__ _ ___, __ _n-t l_ long +�r _ _ ' i#I�r a rt: A- %, ''' a q �,; i i��r a '. -^ r teas determined by the Town Council for L.&-L%- eligible employees. The Human Resources Department is responsible for implementation and administration of all group benefits and insurance plans. -- -- -- - -- -- -- - -- -- - -- - - -- - 10 111� - - - - - - -- - -- - -- 1 .00031988.DOC /1 4 -34 Revised: November 7, 2012 September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 i rr MARANA =/ I \I TOWN OF MARIIANA CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES - W - - - - - - -- - -- -- - - - - -- -- - -- -- - -- -- -- -- - GI a WI �VJI N.W. FIRM NO W" WBOLWIRWE �,L�MLWLWIEWMILWM�M&IILVBMUNI[W �IWW�v ; M , Section 4 -10 -1 S-ile-Ect ^n '' 11-2-Group Insurance Coverage A. For purposes of this p olicy "c roup insurance coverage" may include health, income protection and life insurance plans contributed to by the Town and employees. B. The Town contributes to the costs of ��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 �?a =rr coverage for eligible dependents of these employees. Section 4 -10 -2 Retirement Plans A. The Town barticinates in the Arizona State Retirement Svstem (ASRS) , the Public Saf et Personnel Retirement System (PSPRS) for sworn police personnel, and the Corrections Officer Retirement Plan (CORP) for dispatchers hired prior to November 24, 2009. These retirement systems are governed by state law and the provisions of this policy are not intended to conflict with or supersede state law, nor should they be interpreted or construed to do so. If anv provision of this nolicv conflicts with state law, state law shall cnntrnl B. Employees whose normal work week is 20 hours or more and who have met the eligibility requirements of the retirement plan are required to participate in 4r „ o r; 7P +.,+„ R p * ASRS) or, where applicable f s T� � el i 44 !Q PSPRS or CORP. C. Retirement benefits n - RL L9 t f' % ; + le accrue from both employee and employer contributions �? � n to �-� n r� +i r� r r i n +�ri r fir el i ai l',l - -- -- 10003 76 .00031988.DOC /1 4-35 Revised: November 7, 2012 September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 _ _ _ __ _ _ f_T.WUM.T_"_T_� _ _1 WIEWWWWWW11 I WAILvALWL�W�KWEVLWLWffi I V W I W III I I W, — -- WI 'E - - - - _ - - -- - - � 1. - - - - -- - - - - -- - -- - - -- Section 4 -10 -2 Retirement Plans A. The Town barticinates in the Arizona State Retirement Svstem (ASRS) , the Public Saf et Personnel Retirement System (PSPRS) for sworn police personnel, and the Corrections Officer Retirement Plan (CORP) for dispatchers hired prior to November 24, 2009. These retirement systems are governed by state law and the provisions of this policy are not intended to conflict with or supersede state law, nor should they be interpreted or construed to do so. If anv provision of this nolicv conflicts with state law, state law shall cnntrnl B. Employees whose normal work week is 20 hours or more and who have met the eligibility requirements of the retirement plan are required to participate in 4r „ o r; 7P +.,+„ R p * ASRS) or, where applicable f s T� � el i 44 !Q PSPRS or CORP. C. Retirement benefits n - RL L9 t f' % ; + le accrue from both employee and employer contributions �? � n to �-� n r� +i r� r r i n +�ri r fir el i ai l',l - -- -- 10003 76 .00031988.DOC /1 4-35 Revised: November 7, 2012 September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 i rr MARANA ��/ I \I TOWN OF MARIIANA CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES The amount of the contributions is determined by state law. D. Employees are vested in accordance with the provisions of the retirement plan in which they are enrolled. E. If an employee terminates service without retiring, E Etf -L r'�r � t i% a -'%, A 3;V t a_ S, t %_ a a c c r u e d contributions ern e %d, ,�,��, are refundable in accordance with the applicable plan's rules and state law. Section 4 -10 -3 C °^ri ^" '' - - 5 Employee Assistance Program A. The Town provides an employee assistance program (EAP) to all regular full- and part -time classified and unclassified employees, including those serving in an initial evaluation period, term- limited temnorary employees and short -term 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, the EAP provider will maintain confidentiality is and will only verify that the employee has participated as required by the Town. 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- or misconduct. I Ift V.1 1 1 1 Ila— I VI Ila WN V ! Al. - V . . . W.. - - . - - - - - -- --- - r o . . . . . W Section 4 -10 -4 Voluntary Benefits The Town may offer other voluntary benefits, such as benefits for dependents. Voluntary benefits are fully paid by the employee. 1 .00031988.DOC /1 4 -36 Revised: November 7, 2012 September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 i rr MARANA ��/ I \l TOWN OF MARIIANA CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES POLICY 4 -11 WORKERS' COMPENSATION Under Arizona law, it is mandatory for employers to secure workers' compensation insurance for their emnlOVees. Workers' compensation is a "no fault" system in which an injured or ill employee is entitled to receive benefits for ajob- related iniury or illness, no matter who caused the iniury or illness. If an illness or injury is job- related, then the injured employee is eligible to receive medical benefits and may receive temporary compensation, if elibbility requirements are met. In some cases, a claimant may also receive permanent compensation benefits, job retraining, and supportive medical care. The provisions of this policy are not intended to conflict with or supersede state law, nor should thev be interpreted or construed to do so. If any provision of this policy conflicts with state law, state law shall control. Section 4 -11 -1 Si^ ^t' o '' 12-1 Requirement ALJL %11L V T %_11.L_L.%_A_ L_ %_JI.%,L.JI._L_LL JLL-.y V %-%,L JL%F.JL Y %,L j _L_LL%-_LL% V %_.XjL_L.%-.jL ' Lj Y III %L b %- " ` r X %-F .7 %- %- L_J %"L %,1L.L.L v v %14. .Employees shall immediately report any job- related accident, illness or injury, regardless of severity, to their immediate supervisor. If the emnlovee's immediate supervisor is not available, or if the emnlovee's immediate supervisor is the emnlovee's Department Head, the employee shall report the accident, injury or illness to the emnlovee's Department Head. B. ' - -- - - = - -- -- - tLp - -- - - - =- .The employee's supervisor or Department Head shall ensure that the accident, iniury or illness is reported to the Human Resources Department no later than the next business day. 1 .00031988.DOC /1 4 -37 Revised: November 7, 2012 September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 - -- - -- -- -- - -- -- - -- - - N NW -- -- - -- - -- - - - -- -- - - -- - -- - -- - - -- - - -- -- - -- -- - - -- - - -- -- -- - -- - - -- - - 11 -- - -- E p - - -- - �.. MM M I AD 111 112 1 11011211125 1 111,11 1 IIJ w V j w 'W' I I I I I MW ALJL %11L V T %_11.L_L.%_A_ L_ %_JI.%,L.JI._L_LL JLL-.y V %-%,L JL%F.JL Y %,L j _L_LL%-_LL% V %_.XjL_L.%-.jL ' Lj Y III %L b %- " ` r X %-F .7 %- %- L_J %"L %,1L.L.L v v %14. .Employees shall immediately report any job- related accident, illness or injury, regardless of severity, to their immediate supervisor. If the emnlovee's immediate supervisor is not available, or if the emnlovee's immediate supervisor is the emnlovee's Department Head, the employee shall report the accident, injury or illness to the emnlovee's Department Head. B. ' - -- - - = - -- -- - tLp - -- - - - =- .The employee's supervisor or Department Head shall ensure that the accident, iniury or illness is reported to the Human Resources Department no later than the next business day. 1 .00031988.DOC /1 4 -37 Revised: November 7, 2012 September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 i MARANA IOWN OF MANS. CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES C. 2=4 "Aqaia e-L, r ��, . "In addition, employees shall follow the reporting procedures established by the Human Resources Department, to include completing and submitting any required forms. Section 4 -11 -2 Determination of Compensability The Town's workers' compensation carrier will determine compensability for job related injuries and illnesses. Section 4 -11 -3 Types of Claims A. Medical Only Claims. Pursuant to state law, if an employee is off work for seven calendar days or less due to a job- related injury or illness determined to be compensable, the workers' compensation carrier will pay all of the employee's medical expenses associated with the job related injury or illness, but will not pay compensation benefits for lost wages. The day of the injury or onset of illness is not included in the calculation. B. Time Lost Claims. Pursuant to state law, if an employee is off work for more than seven calendar days due to a job- related injury or illness determined to be compensable, the workers' compensation carrier will pay all of the employee's medical expenses associated with the job related injury or illness and some compensation benefits for lost wa "es, depending upon the number of days the employee is off work. The day of the injury or onset of illness is not included in the calculation. 1. If the employee is off work for more than seven calendar days but less than 14 calendar days, the workers' compensation carrier will provide compensation benefits for lost wages at the state - mandated p ercentage of the employee's average monthly wage for each day off work after the first seven calendar days. 2. If the employee is off work for 14 calendar days or more, the workers' compensation carrier will provide compensation benefits for lost wages at the state - mandated percentage of the employee's average monthly wa for each day off work retroactive to the first day off work after the day of the injury or onset of illness. Section 4 -11 -4 Use of ' Leave A. ' .On the day of the accident, injury or illness, the employee will not be required to use sick or other leave for f0003 76 .00031988.DOC /1 4-38 Revised: November 7, 2012 September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 i rr MARANA ��/ I \\, TOWN OF M+ RANA CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES an absence that is a direct result of the accident, injury or illness. The employee shall record time spent during the work day addressing the accident, injury or illness, such as seeking medical attention, as "industrial leave" on his or her time sheet or attendance record. The employee will not be paid wages for any time spent addressing the accident, injury or illness outside the employee's scheduled work day. B. Beainnina with the first work day following the day of the accident, injury or onset of illness, the employee may use any accrued leave balances for absences related to the accident, injury or illness. Any request to use paid leave balances will be considered in accordance with the leave policies set forth in this chapter. C. If the employee used accrued leave balances for time lost and the workers' compensation carrier then provides retroactive compensation benefits for lost wages, the Town shall reimburse the employee's leave balances in the appropriate amount and type of leave for the time lost that is retroactively paid through compensation benefits. The Town will correct the overpayment to the employee in the next regular pay cycle or cycles by reducing the employee's hours paid by the Town. D. , �� €' The employee's pav shall not exceed the employee's normal weekly c��F !l T T!l 0 4 A P � throwh any combination of workers' compensation benefits, paid leave and other payments received by the employee. If the combination of payments results in the employee being paid more than his or her normal weekly earnings, the Town shall require the employee to reimburse the Town for the overpayment. E. For anv absences during which the emplovee is receiving compensation benefits for lost wanes from the workers' compensation carrier, the payroll liaison for the employee's department shall record the employee's time on a time sheet or attendance record allocating that portion of the employee's time that is being paid by the workers' compensation carrier as "industrial leave" and the remainder of the emplovee's time as aid or unpaid leave, as applicable. F. When an employee with a job- related injury or illness returns to work, either in his or her normal assignment or in an alternative work assignment (light / restricted dutvl, the employee must use sick leave or other approved leave for absences due to medical appointments, including physical therapy, for the job- related injury or illness. Any 1 .00031988.DOC /1 4 -39 Revised: November 7, 2012 September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 i 6 1. MARANA IOWN OF MANS. CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES request to use paid leave balances will be considered in accordance with the leave policies set forth in this chapter. 3. G. 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. Section 4 -11 -5 Maintenance of Benefits A. An employee who uses accrued paid leave balances to supplement compensation benefits for lost wages due to a job- related injury or illness shall continue to pay his or her share of any group health plan and other insurance premiums through payroll c Miic B. An employee who does not use accrued paid leave balances to supplement compensation benefits for lost wages due to ajob- related injury or illness shall make arrangements with the Human Resources and Finance Departments to make payments for his or her share of any group health plan and other insurance premiums. If payment is more than 30 days overdue, the Town shall provide written notice to the employee that payment has not been received and that coverage will be dropped. The notice shall be mailed to the employee at least 15 days before coverage is to be dropped. If the Town pays any of the employee's share of group health plan or other premiums in order to maintain coverage the Town may require the employee to reimburse the Town. If coverage is dropped, it shall be dropped retroactively to the date the unpaid premium payment was due and the provisions of the federal COBRA law shall apply. Section 4 -11 -6 Coordination with the Supplemental Benefits Plan for Public Safety Employees If any of the provisions of this policy conflict with the provisions of the supplemental benefits plan for public safety employees, as set forth in Policy 4 -12 of these Personnel Policies and Procedures, the provisions of the supplemental benefits plan shall govern for eligible public safety employees. Section 4 -11 -7 Miscellaneous A. Ajob- related injury or illness may also be considered a "serious health condition' under the Family and Medical Leave Act (FMLA). In such cases, the Town will designate the employee's absence as FMLA- qualifvin , will give notice of the designation to the emplovee and the FMLA provisions described in these Personnel Policies and Procedures will apply. B. An emi2loyee returnina from leave followin a job- related injury or illness shall rovide a certification of fitness to return to work from a health care provider to the Human Resources Department prior to or immediately upon returning to work. If the employee {0003176 .00031988.DOC /1 4 -40 Revised: November 7, 2012 September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 i WR 1. MARAN IOWN OF MANS. CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES does not provide the certification, the Town may delay restoring the em to employment until the certification is provided. If any work restrictions are specified, the provisions of these Personnel Policies and Procedures related to alternative work assignments / light duty may apply. POLICY 4 -12 nnr IC-v SUPPLEMENTAL BENEFITS PLAN FOR PUBLIC SAFETY EMPLOYEES Pursuant to A.R.S. X38 -961, the Town of Marana is required to provide a supplemental benefits plan for eligible public safety employees who are injured on the job and unable to perform the functions Of their position. The provisions of this policy are not intended to conflict with or supersede state law, nor should they be interpreted or construed to do so. If any provision of this policy conflicts with state law, state law shall control. Section 4 -12 -1 Sp°^M 4 1 For purposes of this policy, "public safety employee" shall be defined as an individual who is a member of the Public Safety Personnel Retirement System (PSPRS) or the Corrections Officer Retirement Plan (CORP). Section 4 -12 -2 S -ir ^� '' -� _X Eligibility A. To be eligible for the supplemental benefits plan, the employee must meet all of the following criteria: 1. Be a public safety employee employed full -time by the Town at the time of injury. 2. Be injured while on duty and eligible for workers' compensation benefits pursuant to A.R.S. X23 -1021 and Policy 4 -1Q11 Of these Personnel Policies and Procedures, as determined by the Town's workers' compensation carrier. 3. Be physically unable to return to work for the Town in any capacity, including alternative work assignments or light duty, as determined by the Town and as supported by the employee's physician or an independent medical exam (IME) ordered by the Town directly or through its workers' compensation insurance provider. The employee's inability to work in a capacity assigned by the Town, including inability to work light duty assignments, must be supported by appropriate medical documentation in order for the employee to remain eligible for the supplemental benefits plan. 4. Be receiving compensation benefits for lost wages pursuant to A.R.S. X23 -1041 and Policy 4 -4Q11 of these Personnel Policies and Procedures. {0003 .00031988.DOC /1 4 -41 Revised: November 7, 2012 September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 j■■ 6 % i 10 MA IOWN OF MANS. CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES B. To maintain eligibility for the supplemental benefits plan, the employee must comply with all risk management requirements of the Town, including evaluation for light duty/ alternative work assignment options and rehabilitation programs, and coordination of benefits. Failure to comply with the Town's risk management requirements and decisions shall result in the termination of the employee's participation in the supplemental benefits plan. Section 4 -12 -3 c^„A1: „ ffl n 12 4—Supplemental Compensation A. Employees eligible for the supplemental benefits plan shall receive supplemental compensation from the Town in an amount that, when added to the benefits being paid by the workers' compensation fund to the employee, less any deductions, results in the employee receiving approximately the identical salary the employee was receiving prior to the injury. B. The Town shall pay the supplemental compensation for a period of up to six months from the date the employee receives first payment of workers' compensation benefits for lost wages pursuant to A.R.S. § 23 -1041, provided that the employee continues to meet all eligibility criteria. Section 4- 12- 4 '' 2 4— Application Procedures A. To apply for the supplemental benefits plan, an employee must submit a written request to the Human Resources Department on a form provided by the Human Resources Department. B. All requests must be received by the Human Resources Department within 14 calendar days of the employee's receipt of his or her first lost wage replacement benefit paid under workers' compensation. An employee's failure to submit a request within the timef rame established in this paragraph shall be construed as a waiver of any rights under A.R.S. X38 -961 and this policy. C. The Human Resources Department shall review the employee's request and shall provide the employee with a written determination of benefits eligibility within 14 calendar days of receipt of the employee's request. D. If an employee is denied participation in the plan for any reason other than a determination by the Town's workers' compensation carrier that the employee is not eligible for workers' compensation benefits, he or she has a right to request review of the denial by filing a written request for review with the Human Resources Department within ten working days from receipt of the denial letter. The employee's request for review must state the reason for the request and facts that the employee wishes to have considered. The Human Resources Department shall forward the request for review to the Town Manager. {0003176 .00031988.DOC /1 4 -42 Revised: November 7, 2012 September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 0= 6% i 10 MA IOWN OF MANS. CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES E. The Town Manager shall render a written opinion affirming or denying the employee's eligibility within five working days of receipt of the employee's request for review. The Town Manager's decision is final and not appealable within any Town process. F. If an employee is denied participation in the plan due to a determination by the Town's workers' compensation carrier that the employee is not eligible for workers' compensation benefits, the employee may appeal that decision through the procedures established by the workers' compensation carrier and state law. Section 4- 12- 5 '' 2 45--Maintenance of Benefits A. The Town shall maintain group health plan benefits for employees participating in the supplemental benefits plan on the same terms as if the employee continued to work. Thus, the Town shall continue to pay its share of any group health plan insurance premium and the employee shall continue to pay his or her share, if any. 1. The employee shall continue to pay his or her share of any group health plan benefits through payroll deductions if the employee is receiving sufficient compensation from the Town to cover his or her share of the premium. 2. If the employee is not receiving sufficient compensation from the Town to cover his or her share of the premium, the employee shall make arrangements with the Human Resources and Finance Departments to make payments for his or her share of the premium. If payment is more than 30 days overdue, the Town shall provide written notice to the employee that payment has not been received and that coverage will be dropped. The notice shall be mailed to the employee at least 15 days before coverage is to be dropped. If the Town pays any of the employee's share of group health plan premiums, the Town may require the employee to reimburse the Town for the employee's share. If coverage is dropped, it shall be dropped retroactively to the date the unpaid premium payment was due and the provisions of the federal COBRA law shall apply. B. While the employee is participating in the supplemental benefits plan, the Town shall pay both the employer and employee contributions to PSPRS or CORP, as applicable, based on the employee's pre- injury salary, unless the employee is no longer actively contributing to PSPRS or CORP. In such a case, the Town shall continue to pay the employer contribution to the employee's retirement system and the employee shall continue to pay the employee contribution. C. An employee participating in the supplemental benefits plan is responsible for paying for any elective health care plan deductions, health related optional deductions, optional life insurance deductions or any other optional, employee- elected benefits. {0003176 .00031988.DOC /1 4 -43 Revised: November 7, 2012 September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 i 1. MARANA IOWN OF MANS. CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES Section 4 -12 -6 '' -1 2 -Paid Leave Balances A. An employee shall not accrue any additional sick, vacation, personal or compensatory leave while the employee is participating in the supplemental benefits plan. B. An employee's sick, vacation, personal and compensatory leave balances shall not be decreased while the employee is participating in the supplemental benefits plan. C. If the employee used accrued leave balances to supplement workers' compensation benefits for lost wages prior to being approved for the plan, the Town shall reimburse the employee's leave balances in the appropriate amount and type of leave for the time lost that is retroactively paid through the supplemental benefits plan. The Town will correct the overpayment to the employee in the next regular pay cycle or cycles by reducing the employee's hours paid by the Town. Section 4- 12- 7 '' 1 2 - TMiscellaneous To the extent the employee is eligible for and receives salary or benefit changes while participating in the supplemental benefits plan, the plan benefits will be adjusted accordingly. POLICY 4 -13 nnT Ir,v 44-4— 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. The provisions of this policy are not intended to conflict with or supersede federal or state law, nor should they be interpreted or construed to do so. If any provision of this policy conflicts with federal or state law, federal or state law shall control. Section 4 -13 -1 c° ^ti °n '' 14-1--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 Personnel Policies and Procedures. {0003176 .00031988.DOC /1 4 -44 Revised: November 7, 2012 September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 MARANA IOWN OF MANS. CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES Section 4 -13 -2 S-i°^A' ^M 4-14-2—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. POLICY 4 -14 ALTERNATIVE WORK ASSIGNMENT%IGHT DUTY The Town of Marana recognizes the value of allowing employees with work restrictions to temporarily work in an alternative work or light / restricted duty assignment. Alternative work assignments are intended for employees with medically documented temporary mental or ir)hvsical illnesses or injuries sustained on or off the job who have work restrictions and who are expected to eventually return to unrestricted work. The Human Resources Department shall coordinate and administer all alternative work assignments for the Town. The provisions of this policy are not intended to conflict with or supersede federal or state law, nor should they be interpreted or construed to do so. If any provision of this policy conflicts with federal or state law, federal or state law shall control. Section 4 -14 -1 Eligibility The provisions of this policy apply to all regular full- and part -time classified and unclassified employees, including those serving in an initial evaluation period, and term - limited temporary employees. Section 4 -14 -2 Definitions A. For purposes of this policy, "alternative work assignment,", "light duty" and "restricted duty" are used interchangeably and shall be defined as temporary work that is physically or mentally less demanding than the employee's re uullar j ob duties. An alternative work assignment or light/ restricted duty may include a reduction in full time equivalency, limiting or alterin duties in the em lovee's existing position, or temporarily reassignin the employee to another position which he or she is qualified and capable to perform. B. For purposes of this policy, "work restriction" shall be defined as a restriction that prevents an employee from performing the full scope of his or her job duties as outlined in the job description for the employee's position. Section 4 -14 -3 Procedures A. When the Human Resources Department becomes aware that an employee has temporary work restrictions, the Human Resources Department will make every effort {0003176 .00031988.DOC /1 4 -45 Revised: November 7, 2012 September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 i 6 1. MARANA IOWN OF MANS. CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES consistent with the provisions of this policy to offer the employee an alternative work assi nment. B. In order to be considered for an alternative work assi went, an employee must present a medical certification from a health care provider specifviMwork restrictions and the expected duration of the restrictions to the Human Resources Department. C. Upon receipt of the certification, the Human Resources Department may communicate with the employee's health care provider to clarify and attain specificity on physical restrictions and limitations relative to specific job duties and responsibilities. D. The Human Resources Department shall determine whether there are any alternative work assignments within the Town which the employee can perform Given the work restrictions. Primary consideration will be given to job placement within the employee's department and regular job duties. However, an emplovee may also be placed in an alternative work assignment in another department and / or in another position. An alternative work assignment may also result in a change in the employee's work hours. E. An employee may be placed in an assignment that is in a lower classification than the employee's regular job assignment; however, the employee's salary shall remain the same as it was in the employee's re ular job assi ment. Overtime, on-call/stand-by and call -out pay is not authorized for employees on light duty status. F. Under no circumstances will the Town create a position solely for the purpose of providing work for an employee who is eligible to return to work under a temporary work restriction. Alternative work assignments shall involve productive work that is both useful to the Town and achievable within the restrictions placed on the employee. If there is no alternative work assignment available for a particular employee, the employee shall remain on, or be placed on, an appropriate form of leave, pursuant to the policies set forth in this chapter. G. Employees with on the job injuries or illnesses shall be Given preference for alternative work assignments over employees with off the job injuries or illnesses, even if an employee with an off the job injury is already serving in an alternative work assi ment. Thus, if an employee with an off the job injury is serving in an alternative work assignment, the Town may remove that employee from the assignment if removal is necessary to provide an alternative work assignment for an employee with an on the job injury. H. An employee who has previously been subject to work restrictions is required to inform the Human Resources Department immediately upon receiving a release to regular duty from a health care provider. { 000 3176-2- - .0003 1988.DOC /1 4 -46 Revised: November 7, 2012 September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 6" 1. MARAN IOWN OF MANS. CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES Section 4 -14 -4 Duration An initial alternative work assignment may have a duration of up to 90 days. The Human Resources Department may extend an alternative work assignment in increments of up to 90 days at a time, provided that there remains a reasonable expectation that the employee will return to his /her regular duties within a reasonable amount of time and that the total time the employee is unable to perform the essential functions of his or her regular position, with or without a reasonable accommodation, does not exceed the equivalent of 12 months in any 24 -month period. For purposes of tracking leave time, 12 months will be measured based on 2080 hours for full -time employees and pro -rated for part -time employees. Section 4 -14 -5 Interaction with Other Laws and Policies A. An employee on FMLA leave is not required to accept an available alternative work assignment. The employee may continue on FMLA leave either until the employee is able to return to his /her job or an equivalent job, or until the 12 -week FMLA leave entitlement is exhausted. B. An employee receiving workers' compensation benefits may forfeit the ricrht to those benefits by refusing to accept an alternative work assi nment, as determined by the Town's workers' compensation carrier. Section 4 -14 -6 No Right to Alternative Work Assi nment If , ranted, alternative work assignments are a privilege and shall not be considered a ri ,h t or entitlement. An em loyee in an alternative work assign=ment has no ri hts to that assigginent or any tasks associated with that assignment no matter the duration of the alternative work assignment. Section 4 -14 -7 Miscellaneous A. An employee in an alternative work assignment is subject to all rules, regulations, standards, policies and procedures of the Town and of the department to which the emioloyee is assigged. B. Employees serving in alternative work assignments shall receive a formal performance appraisal document in accordance with the Town's normal performance management process. The appraisal shall address the employee's job duties and performance for the relevant time period, including the employee's job duties and performance in the alternative work assignment. C. Employees serving in an alternative work assignment within the same classification as their regular position are eligible for merit increases based on job performance and availability of funding. { 000 3176-2- - .0003 1988.DOC /1 4 -47 Revised: November 7, 2012 September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 i 6 1. MARANA IOWN OF MANS. CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES D. Employees serving in an alternative work assignment outside the classification of their regular position will be considered for merit increases on a case -by -case basis, depending upon the level of work being performed compared to the employee's regular assignment. Section 4 -14 -8 No Right of Anneal The decision of the Town to place or not to place an employee in an alternative work assignment is not subiect to appeal or review under the personnel action review procedures set forth in Chapter 5 of these Personnel Policies or Procedures or under any other Town review / appeal process. POLICY 4 -15 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 - 15 - 1 Eligibility The provisions of this policy apply to all re gular full- and part -time classified and unclassified employees, including those serving in an initial evaluation period, and term - limited temporary employees �.iiib- .L � T Tr] 1 X% _, F L C, �L- Y %-.AL L �, Section 4 -15 -2 Jury Duty A. Eligible employees shall be granted up to I-Oten days of paid jury duty leave overdurin any rollin 12 -month period. B. Employees shall provide a copy of 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 for non - medical purposes. E. Employees shall report for work while on jury duty whenever the court schedule permits. f0003 .00031988.DOC /1 4 -48 Revised: November 7, 2012 September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 j■■ 6 % i 10 MA IOWN OF MANS. CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES 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 -15 -3 Witness Duty A. Eligible employees shall be granted up to 40 hours of paid time off pefLor each instance in which the employee is subpoenaed to appear in court as a witness in a case. This section does not apply to employees who are subpoenaed to appear in court as a part of their re , uullar j ob responsibilities, such as police officers. Employees who are subpoenaed to appear in court as a part of their regular job responsibilities are considered to be on duty while responding to the subpoena. B. Employees shall show provide a copy of the subpoena to their supervisor immediately after it is received so that the supervisor may make arrangements to accommodate the employee's absence. 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 for non - medical purposes. E. Employees under subpoena shall report for work whenever the court schedule permits. F. Employees are not eligible for witness duty leave for 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 -15 -4 Voting A. Any employee eligible and registered to vote in any public election held within this state may request time off for voting. The employee must apply for leave for voting prior to the election day. B. The employee may be absent for up to three hours with pay on the day of the election for the purpose of voting. The amount of leave the employee is eligible for shall be determined in accordance with state law, which reuuires that an employee have three consecutive hours in which to vote. Employees are not entitled to voting leave if they have three consecutive non - working hours in which to vote. C. The Department Head may specify the hours during which the employee may be absent for the purpose of voting. f0003176 .00031988.DOC /1 4 -49 Revised: November 7, 2012 September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 i rr MARANA ��/ I \\, TOWN OF M+ RANA CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES D. Employees are expected to vote at a time that minimizes impact on the department operations &-1 .7 V _ _ ' Y, 0 ;4r4 T T P: LP44:rq E. An employee may be required to provide evidence of eligibility to vote prior to approval for time off. 1 .00031988.DOC /1 4 -50 Revised: November 7, 2012 September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 1 0003 176 .00031988. /} 4 -51 Revised: August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Document comparison by Workshare Professional on Tuesday, October 23, 2012 9:32:58 AM Input: file: / /C: \Documents and Settings \fcassidy \My Document 1 ID Documents \2012 Personnel Policies Chapter 4 Subdoc Deletions (00031762). DOC Description 2012 Personnel Policies Chapter 4 Subdoc (00031762) Moved to file: / /C: \Documents and Settings \fcassidy \My Document 2 ID Documents \Draft revisions to Personnel Policies Chapter 4 Format changed (00031988). DOC Description Draft revisions to Personnel Policies Chapter 4 (00031988) Rendering set standard Legend: Insertion ct:% rv� "ffl Moved to Style change Format change Inserted cell Deleted cell Moved cell Split /Merged cell Padding cell Statistics: Count Insertions 591 Deletions 428 Moved from 33 Moved to 33 Style change 0 Format changed 0 Total changes 1085