HomeMy WebLinkAboutReso 2017-2698 RESOLUTION NO. 2017- 7.-0
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING
AMENDMENTS TO THE CITY'S PERSONNEL POLICY
MANUAL, IN SUBSTANTIALLY THE SAME FORM AS
ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY
TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach Personnel Policy Manual provides guidance
on procedures, benefits, and the general operation of the City; and
WHEREAS, the Manual is a living document that is subject to change on an as-needed
basis; and
WHEREAS, the City is in the process of doing a comprehensive review of the Personnel
Policy Manual as many of the personnel policies that are currently in place need to be updated in
order to reflect the currently established practices of Human Resources, and new ones need to be
added; and
WHEREAS, the City Commission now desires to amend the City's Personnel Policy
Manual, in substantially the same form as attached hereto as Exhibit "A".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of the Personnel Policy Manual. The City Commission hereby approves
the updated policies to the Personnel Policy Manual, in substantially the same form attached
hereto as Exhibit"A".
Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate the terms of this resolution.
Section 3. Effective Date. This Resolution will become effective upon adoption.
PASSED and ADOPTED this 1 : d.y of May 2017.
Of-A George H. choll, Mayor
r!')ATT ST: •. cr,.
y.� 1T-1-
(
•MauricioolB� etancur MC, Acting City Clerk
) r.t
R2017 Per on ie P licy Amendment Page 1 of 2
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
//A /
Han-kr-rot, Cit Attorney
Moved by: (',Ov'iMyt. Gcrrz
Second by: V 1cx 601-1)Mitni
VOTE:
Mayor Scholl ✓(Yes) (No)
Vice Mayor Goldman - (Yes) (No)
Commissioner Aelion- NT (Yes) (No)
Commissioner Gatto ✓ (Yes) (No)
Commissioner Svechin —7(Yes) (No)
82017 Personnel Policy Amendment Page 2 of 2
,SilN.!g!-`F.r City of Sunny Isles Beach
- " 18070 Collins Avenue
13 sa:^ , Sunny Isles Beach, Florida 33160
} •'F�Y -tr'_ �T
sF 71. E ioR s (305)947-0606 City Hall
C,r`of su' '''a (305)949-3113 Fax
MEMORANDUM
TO: The Honorable Mayor and City Commission
VIA: Christopher J. Russo, City Manager
FROM: Yael Londono, HR & Risk Management Director
DATE: 5/18/2017
RE: Update Personnel Policies
RECOMMENDATION:
The attached policies have been updated or created as part of our
ongoing review of the Personnel Policy Manual and are included for
ratification.
REASONS:
We are in the process of doing a comprehensive review of the
Personnel Policy Manual. Many of the personnel policies that are
currently in place need to be updated in order to reflect the currently
established practices of Human Resources as well as changes to State
and Federal Laws, and new ones that need to be added. In the future,
additional policies will be brought to the Commission for ratification on a
periodic basis.
ADDITIONAL INFORMATION:
Policy# Policy Name Status Comments
Adding
language on
1 203:1 Hiring Revision page 5, ref
background
checks
procedures
Removing
39
2 205:1 New Employee Orientation Program Revision "Finance
Dept", page 1
Revising
definition of
"Immediately
3 206:1 Employment of Relatives Revision Family" to be
consistent
with F.S.S.
112.3135
Updating
procedures on
page 2 from
4 207:1 Employee Requisitions Revision paper form to
current
electronic
process
Adding
language on
page 1, ref
background
screening, new
5 212:1 Promotion Revision conditional
offer letter,
and new
introductory
period for
promoted
employees
Updating
language on
6 214:1 Outside Employment Revision page 2, to
include "City
Manager"
Adding
language on
7 218:1 Retirement Revision page 1, ref
DROP
program
Adding
performance
8 303:1 Performance Appraisals - General Revision appraisals for
9 and 12
months, page
1
Revising
severance pay
9 304:1 Severance Pay Revision to be
consistent
with F.S.S.
215.425
Updating
40
language on
page 1, to
include "City
Manager" and
10 401:1 Travel on City Business Revision "Human
Resources";
updating per
diem
allowances in
accordance
vith.I
RevisingRS
FRS
plan info to be
consistent
11 503:1 Retirement Benefits Revision with F.S.S.;
Adding
language on
retiree health
insurance
New Policy-
Establishing
Floating
12 505:2 Floating Holidays New Holidays
Accrual as
well as
procedures
Adding
13 506:1 Educational Reimbursement Program Revision language on
eligibility, page
1 and 2
Revising
language to
include
14 606:1 Smoking Revision electronic
smoking.
devices; page
1
New Policy-
15 608:1 City Motor Vehicles New Establishing
policy for use
of City Fleet
New Policy-
Establishing
policy for
requirement of
16 609:1 Valid Florida Driver's License New a valid F1
license for
employees
driving City
vehicles
Adding
language ref
41
absences due
17 702:1 Short-Term Absences Revision to arrest, page
3; failure to
return from
leave, page 4
Adding
language ref
employees on
outside
employment
during
approved
18 703:1 Sick Leave Revision leave and call-
in procedures,
page 2;
language on
Collective
Bargaining
Agreement,
page 3)
New Policy-
Establishing
policy for
19 703:2 Workers Compensation Leave New WC reporting
procedures
and
responsibilities
New Policy-
Establishing
policy for
20 703:3 Military Leave New Military Leave
in accordance
with State and
Federal Law
Adding
language for
"Non-F MLA
21 704:1 Leaves of Absences Revision Medical
Leave", page
1; Military
Leave, pages
2-3
New Policy-
Establishing
policy and
procedures
22 704:2 Family and Medical Leave(F MLA) New for FMLA
Leave in
accordance
with State and
Federal Law
Adding
42
language to
23 704:3 Voluntary Donation of Accrued/Earned Time Revision program
eligibility, page
1 and page 3
Adding
language to
24 802:1 Personal Appearance of Employees Revision sections on
attire, pages 1-
2
ATTACHMENTS:
Description
Resolution
203:1 Hiring
205:1 New Employee Orientation
206:1 Employment of Relatives
207:1 Employee Requisitions
212:1 Promotion
214:1 Outside Employment
218:1 Retirement
303:1 Performance Appraisals - General
304:1 Severance Pay
401:1 Travel on City Business
503:1 Retirement Benefits
505:2 Floating Holidays
506:1 Educational Reimbursement Program
606:1 Smoking
608:1 City Motor Vehicles
609:1 Valid Florida Driver's License
702:1 Short-Term Absences
703:1 Sick Leave
703:2 Workers Compensation Leave
703:3 Military Leave
704:1 Leaves of Absences
704:2 Family and Medical Leave (FMLA)
704:3 Voluntary Donation of Accrued/Earned Time
802:1 Personal Appearance of Employees
Item Number: 10.B.
43
City of Sunny Isles Beach
Personnel Policy and Procedure
.o•
Policy Name HIRING
Policy Number 203:1
Effective Date 10/1/04
Revision Date(s) 5/18/17
Prepared By, Title _ Human Resources Director
Approved By, Title City Manager
PURPOSE:
To establish a solid and comprehensive hiring policy in order to recruit highly qualified
applicants, ensure uniformity in personnel practices and comply with laws that regulate
hiring practices.
DEFINITION/APPLICATION:
All applicants and/or employees of the City of Sunny Isles Beach.
POLICY:
It is the policy of the City to be an equal opportunity employer and to hire individuals solely
on the basis of their qualifications and ability to do the job to be filled. Unless otherwise
provided in writing, employment with the City is considered to be at-will, so that either
party may terminate the relationship at any time and for any lawful reason. All sourcing
and recruitment for open positions is performed in accordance with federal, state, and
county laws, and the City Charter and City laws through the Human Resources
Department. (See Employment-At-Will, policy 106:1)
PROCEDURE:
1) Supervisors and department heads who need to fill a job opening or want to add a
new job position should submit an employment requisition form through the Human
Resources Department to the City Manager for approval. All requisitions will be
reviewed, but those for new job positions will be evaluated in greater detail before
being approved.
2) The City, at its discretion, may attempt to fill job openings above entry level by
promoting from within, if qualified internal applicants are available. The City will strive
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203-1 Hiring Page 1 of 5
46
to hire the most qualified applicant. All appointments to the Municipal Service, either
at entrance or promotional level, shall be made on the basis of qualifications, merit
and fitness, to be determined by a practical combination of any or all of the following:
a) Interview — The Human Resources Director will develop a list of questions, in
coordination with the Department Head, to be asked during the interview.
b) Testing — The Department Head or hiring supervisor may establish, with the
approval of the Human Resources Director and City Manager, use of a
performance examination for a given position. Any testing criteria used must
meet scientifically determined standards of reliability and validity, and be free
from bias, and be free of a resulting discrimination, such as adverse impact
toward or against any protected group as established by the law. Such a test
may be written and/or Oral Board Examination, and may be administered by
the Human Resources Director or an established contracted entity that meets
City approval.
c) Physical, Medical or Mental Examination — Any physical, medical or
psychological examination performed following a conditional offer of
employment must be free from creating disparate impact.
d) Training and Experience Evaluation —Any tool used to determine and evaluate
training and experience must not have a disparate impact on minority
applicants and employees.
e) Other criteria, such as certifications, licenses, etc., as may apply, must meet
criteria ensuring that its application does not result in discrimination of protected
group as defined by equal employment opportunity laws.
f) Sourcing and Recruitment — The City will ensure all methods of sourcing and
recruitment are non-discriminatory. The Human Resources Director may reject
applications of those who fail to meet the announced requirements of the
position.
g) Any communication from an applicant for employment, an employee, a
government agency, or an attorney concerning any equal employment
opportunity matter should be referred to the Human Resources Director or the
City Attorney if the Human Resources Director is not available.
3) During the recruitment, hiring and orientation process, no statement should be
made promising permanent or guaranteed employment, and no document should
be called a contract unless, in fact, a written employment agreement is to be used.
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203-1 Hiring Page 2 of 5
47
All employees of the City should be aware that employment with the City is at-will,
and should not make any representations otherwise.
4) When external candidates are to be considered for job openings, the following
general procedures should be implemented:
a) Any candidate for employment must fill out and sign an employment application
form in order to be considered for hiring. Applications are accepted only for
specific vacancies. An application is active for 90 days from the closing date of
the position applied for after which it is void and a new application must be
submitted for any vacancy.
b) The Human Resources Department will consider requests for accommodation
of disabilities and religious beliefs and will determine what, if any,
accommodation will be made. (Pursuant to federal and state laws.)
c) Applicants determined to be qualified for consideration by the Human
Resources Director or the City Manager for available job openings may be
interviewed by the HR Director and/or other individuals as determined by the
City Manager.
d) A second and third interview may be arranged, if necessary, between the
applicant and the department head and other staff.
e) Following a decision to hire the applicant, the City Manager, in coordination
with the Human Resources Director, will make an offer of employment, which
should include any necessary contingencies or disclaimers. The HR
Department will then determine whether the applicant has the legal right to work
in the United States and, where appropriate, conduct credit, personal
reference, and criminal conviction checks. A prior conviction, taken by itself,
will not necessarily disqualify and applicant. If the applicant accepts the offer
and a medical examination is required, the HR Department will arrange it.
f) If the background, medical, or any other subsequent investigation discloses
any misrepresentation on the application form or information indicating that the
individual is not suited for employment with the City, the applicant will be
refused employment or, if already employed, may be terminated.
5) The City shall follow the guidelines of the new Florida negligent hiring law (Note:
Employers will be presumed to be not negligent if a background check fails to
reveal any information to reasonably show the prospective employee to be
unsuitable for the job that s/he is hired to perform.).
Prescribed steps the City should follow:
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203-1 Hiring Page 3 of 5
48
(1) Order a state criminal record search (VECHS).
(2) If applicable to the position of the employee, order a driving record report.
(3) Verify the applicant's past employment history and, if applicable, education
credentials and credit report.
(4) Get the following information from the applicant:
• Convictions of crimes including type, date, and penalty imposed;
• Whether or not the applicant was a defendant in a civil action for an
intentional tort, including the nature and disposition of the action.
6) The City Manager, in coordination with the Human Resources Director, to confirm
the salary to be offered and any special conditions that will apply, makes a verbal
offer of employment to the candidate. If accepted, the Human Resources Director
prepares a conditional offer of employment letter for the City Manager's signature
that includes information regarding salary, benefits, start date, employment-at-will
status, and a pre-employment physical.
7) The employee is further advised to report to a pre-assigned location as notified by
the Human Resources Director to complete employment papers and receive a new
employee orientation. The HR Department is responsible for orientation of new
employees and the processing of their employment forms; the supervisor is
responsible for any necessary job training and department orientation.
8) A member of an employee's immediate family may be considered for employment
by the City if the applicant possesses all the qualifications for employment and
provided the employment does not violate Florida's hiring statutes.
9) Former employees who left the City in good standing may be considered for
reemployment. Former employees who resigned without written notice or who
were terminated for cause or allowed to resign in lieu of disciplinary action may not
be considered for reemployment.
a) A former employee who is reemployed (regular appointment) after a one (1)
year or more break in service will be considered a new employee from the
date of reemployment.
b) If the break in service is less than thirty (30) days, the employee will retain
accumulated seniority.
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203-1 Hiring Page 4 of 5
49
c) A break in service greater than thirty (30) days but less than one (1) year
will be credited based on time actually employed by the City (under a regular
appointment).
10) Length of service for the purposes of benefits is governed by the terms of each
benefit plan. Employees who retire may be eligible, in certain circumstances, to
be considered for rehire.
11) Background checks: All new hires (including volunteers and interns) will be
fingerprinted and these will be submitted to the Florida Department of Law
Enforcement (FDLE); the Federal Bureau of Investigations (FBI) and the
Department of Children and Family Services (DCF) for clearance. If there is a
break in service greater than ninety (90) days, HR will conduct a new background
check and continued employment is subject to background clearance. The
background clearance is valid for five years from the date of the last clearance.
At the end of the five years, HR may conduct a new background check and
continued employment is subject to background clearance.
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203-1 Hiring Page 5 of 5
50
SVNNi 1(f1
City of Sunny Isles Beach
:. — Personnel Policy and Procedure
,. o
Policy Name NEW EMPLOYEE ORIENTATION PROGRAM
Policy Number 205:1
Effective Date 10/1/04
Revision Date(s) 5/18/17
Prepared By, Title Human Resources Director
Approved By, Title City Manager
PURPOSE:
To provide the new employee with an introduction to the City of Sunny Isles Beach's
policies and procedures and to assist the new employees to become assimilated in the
City of Sunny Isles Beach. Also, to provide the basic information that will facilitate a
successful work relationship between the employee and the City and to comply with all
pertinent federal, state, and city regulations and document compliance with same.
DEFINITION:
The orientation program are formal, and informal, presentations by the Human
Resources! Financo Department and the Department that the employee is being hired
into.
SCOPE:
All newly hired employees are required to attend a formal orientation.
PROCEDURE:
1) New employees attend a formal orientation program, scheduled immediately
following their employment, with the Human Resources Department/€inanee
Department. The employee is advised of the general orientation date, time and
place. The person conducting the orientation will use an orientation check sheet
that will be sent to the department head for completion of their portion of the check
sheet, and subsequently return it to the Human Resources Director.
2) Employees normally working an evening or night shift are scheduled as day
employees in order to attend the orientation program.
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205-1 New Employee Orientation Program Page 1 of 2
51
3) Orientation programs are generally scheduled between the hours of 8:30 a.m. to
4:00 p.m. on the first day of the employee's employment.
4) Each Department Head is responsible for orienting his/her new employees in
departmental policies and procedures. The Department Head will maintain records
of department specific orientations (i.e. checklists, competency checklists, etc.)
The Human Resources Director will place the general orientation check sheet into
the employee's personnel file.
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205-1 New Employee Orientation Program Page 2 of 2
52
SONNY SFr
City of Sunny Isles Beach
o•
or. Personnel Policy and Procedure
Policy Name EMPLOYMENT OF RELATIVES
Policy Number 206:1
Effective Date 10/1/04
Revision Date(s) 5/18/17
Prepared By, Title Human Resources Director
Approved By, Title City Manager
PURPOSE:
To provide guidance, pursuant to the Florida Anti-Nepotism Statute, in the hire of
immediate family members of City employees.
DEFINITION/ELIGIBILITY:
"Immediate Family" is defined as _ . . -, _ z, _ - - , - _ -- , -_ _ •- , - e . •- ,
brother, sister, father in law, mother in law, grandmother, grandfather, son in law,
daughter in law, stepson, stepdaughter, grandson, and granddaughter. father, mother,
son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife,
father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother, or
half-sister.
POLICY:
City if the applicant possesses all the qualifications for employment. An immediate family
Employees with relatives or who marry or become members of the same household may
continue employment provided the work relationship is not in violation of the Florida Anti-
nepotism Statute as described above otherwise the City will attempt to find a suitable
position within the City to which one of the affected employees may transfer. If
accommodation is not feasible and if a decision cannot be made by the affected
employees, the City Manager will determine which employee will remain with the City.
Exceptions to this policy must have the written approval of the City Manager.
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206-1 Employment of Relatives Page 1 of 2
53
PROCEDURE:
1) The Human Resources Department screens all employment applicants to
determine if a member of an employee's family is being considered for a possible
position which would place the City in conflict with the Florida Anti-nepotism
Statute. Applicants are informed to advise Human Resources of any type of family
relationship existing with a current employee of the City.
2) The Human Resources Department performs that same function with "Request for
Transfer" that are received from employees.
3) The Human Resources Department informs the family member applicant of the
City's policy.
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206-1 Employment of Relatives Page 2 of 2
54
S„NNT IS• Et
City of Sunny Isles Beach
Personnel Policy and Procedure
Policy Name EMPLOYEE REQUISITIONS
Policy Number 207:1
Effective Date 10/1/04
Revision Date(s) 5/18/17
Prepared By, Title Human Resources Director
Approved By, Title City Manager
PURPOSE:
To stipulate the process for requesting personnel and to inform concerned parties of
staffing needs and to control staffing expense.
DEFINITION/ELIGIBILITY:
"Employment requisition" is the process of submitting for approval the appropriate form
requesting additional or replacement personnel.
POLICY:
An employee requisition request form (HRD 1} must be completed by the Supervisor to
whom the position will report, through the Department Head, and forwarded to the Human
Resources Director when requesting personnel replacements, additional personnel or
temporary personnel.
Employee requisitions must be approved by the respective Department Head, the Human
Resources Director, the Finance Director, and the City Manager prior to the formal
commencement of recruitment efforts.
Exceptions to this policy must be in accordance with the City Charter or have the written
approval of the City Manager.
The Human Resources Director and the corresponding Department Head must be
informed of any deviations from policy.
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207-1 Employee Requisitions Page 1 of 2
55
PROCEDURE:
1) The employee requisition request few is completed and signed approved by the
respective Supervisor and forwarded to the Department Head.
2) The Department Head either approves, modifies, or rejects the requisition and
advises the Supervisor of the decision taken.
3) If the requisition is approved, the Department Head forwards the requisition fern►
to the Human Resources Director.
4) The Human Resources Director reviews the form for accuracy and discusses the
requisition with the Finance Director. The Human Resources Director either
approves, modifies, or rejects the requisition and communicates with the
Department Head and/or the City Manager, if needed.
5) The Human Resources Director reviews the form for accuracy and discusses the
1I
5) The Finance Director either approves, modifies, or rejects the requisition and
communicates with the Department Head, the Human Resources Director and/or
the City Manager, if needed.
6) • - - - - -- - -- - •e .•e.-- - - ._ -
requisition form. The City Manager either approves, modifies, or rejects the
requisition and communicates with the Department Head and the Human
Resources Director, if needed.
7) The City Manager Returns the form to the Human Resources Director who return&
it to the Department Head requesting the position and advises of the determination.
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207-1 Employee Requisitions Page 2 of 2
56
4JNN S[ff
° City of Sunny Isles Beach
Personnel Policy and Procedure
Policy Name PROMOTION
Policy Number 212:1
Effective Date 10/1/04
Revision Date(s) 5/18/17
Prepared By, Title Human Resources Director
Approved By, Title City Manager
POLICY:
It is the policy of the City to offer employees promotions to higher level positions when
appropriate. Management prefers to promote from within and may first consider current
employees with the necessary qualifications and skills to fill vacancies above the entry
level, unless outside recruitment is considered to be in the City's best interest.
PROCEDURE:
1) All employees are encouraged to seek advancement opportunities and to obtain
promotion and career guidance from their supervisor, department head, and the
Human Resources Department.
2) Within the sole discretion of the City Manager, employee eligibility for promotion will
be determined by the requirements of the new job. In addition, to be considered,
employees must have held their current position for at least one (1) year, have a
satisfactory performance record, and have no disciplinary actions during the same
period.
3) Employee candidates for promotion will normally be screened and selected on the
basis of attendance and work records, performance appraisals, and job-related
qualifications including, in some instances, aptitude, attitude or achievement tests.
Seniority may be considered if two or more candidates are judged to be equally
qualified based on merit, work record, and other qualifications. In addition, employees
seeking promotion may be required to have a medical examination (if the examination
is job-related and consistent with business necessity) as well as a background
screening. Employees accepting a promotion will be required to sign a new conditional
offer letter and will be subiect to a new introductory period.
4) The employee remains an at-will employee at all times and the employment-at-will
relationship is not altered by a promotion or completion of a subsequent introductory
period.
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212-1 Promotion Page 1 of 1
57
r---
•
"NNY iJl Fr
j= City of Sunny Isles Beach
-`_.— Personnel Policy and Procedure
Policy Name OUTSIDE EMPLOYMENT
Policy Number _ 214:1
Effective Date 10/1/04
Revision Date(s) 5/18/17
Prepared By, Title Human Resources Director
Approved By, Title City Manager
PURPOSE:
To establish guidelines for employees who work in jobs outside their employment with the
City.
SCOPE:
This policy applies to all City employees unless otherwise addressed in an employment
contract approved by the City Commission.
POLICY:
It is the policy of the City to allow its employees to engage in outside work or hold other
jobs, subject to certain restrictions as outlined below.
PROCEDURE:
1) The City requires that employees' activities and conduct away from the job must not
compete and conflict with or compromise its interests, or adversely affect job
performance and the ability to fulfill all responsibilities to the City. This requirement,
for example, prohibits employees from performing any services for customers on non-
working time that are normally performed by City personnel. This prohibition also
extends to the unauthorized use of any City tools or equipment and the unauthorized
use or application of any confidential information or techniques. In addition, employees
are not to solicit or conduct any outside business during paid working time.
2) Employees are cautioned to consider carefully the demands that additional work
activity will create before requesting permission to seek or accept outside
employment. Outside employment will not be considered an excuse for poor job
performance, absenteeism, tardiness, leaving early, refusal to travel, or refusal to work
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214-1 Outside Employment Page 1 of 2
58
overtime or different hours. If outside work activity causes or contributes to job-related
problems, it must be discontinued; and, if necessary, normal disciplinary procedures
will be followed to deal with the specific problems.
3) Employee requests for permission to accept outside employment, including self-
employment, should be submitted in writing to the employee's department head. The
request should include any pertinent information about the outside employer, the
nature of the job, the hours of employment, and potential conflicts with the primary
job. The department head should then forward the request through the Human
Resources Director, to the City Manager recommending either
approval or disapproval. The City Manager, or his/her designee,
will make the final decision within his/her sole discretion, but based on the criteria
contained herein.
4) In evaluating requests for outside work, department heads and the Appointing
Authority City Manager will consider whether the proposed employment:
a) May reduce the employee's efficiency in working for the City.
b) Involves working for an organization that is a customer of services
provided by the City or that does a significant amount of business with
the City, such as major contractors or suppliers.
c) May adversely affect the City's image.
d) Presents an appearance of impropriety or conflict of interest
The decision to permit outside employment based on the terms of this policy will be
within the sole discretion of the City Manager, except for employees within the Office
of the City Attorney.
5) Employees who have accepted outside employment may not use paid sick leave to
work on the outside job. Abuse of sick leave will result in disciplinary action.
6) An employee may not initiate or, if begun, must separate from outside employment
when the Appointing Authority City Manager, or his/her designee, determines such
employment would be a conflict of interest or inappropriate with the employee's
employment with the City.
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214-1 Outside Employment Page 2 of 2
59
S,.., --,..-,'N.c i
1= City of Sunny Isles Beach
. 11 i. / Personnel Policy and Procedure
Policy Name RETIREMENT
Policy Number 218:1
Effective Date 10/1/04
Revision Date(s) 5/18/17 _
Prepared By, Title Human Resources Director
Approved By, Title City Manager
POLICY:
It is the policy of the City to assist an employee in the transition from employment to
retirement.
PROCEDURE:
1) When an employee intends to retire from employment or enter the Deferred
Retirement Option Program (DROP), it is the desire of the City to receive at least a
three (3) month advance notice and, preferably, not less than three (3) months prior
to the end of the fiscal year.
2) When giving notice, the employee should speak with his/her Supervisor, Department
Head or the Human Resource Director.
3) Written notice of retirement is required. The City has prepared a form letter, which
identifies the employee, retirement data, and age at retirement. This letter shall be
turned in to the Human Resource Director.
4) Upon receipt of the notice of retirement letter, the Human Resource Director, or
designee, is responsible for meeting with the employee to provide information on
retirement procedures and benefits plan continuation.
5) Upon receipt of the notice of retirement letter, the Human Resources Director will
notify the appropriate Retirement Plan Administrator at either the Division of
Retirement at the Florida Retirement System (FRS) or at ICMA for those employees
participating in the City's 401A retirement plan.
6) All separating employees are responsible for returning City property whether issued
or assigned such; all matters must be settled before issuance of the final paycheck.
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The City reserves the right to inspect an employee's toolbox, locker, or desk to verify
that City property has been turned in and/or is accounted for.
7) Final pay generally is to be provided on the next normal pay day following the pay
period in which separation occurs. Final pay will include regular earnings as well as
pay for any earned unused vacation as defined by the City's Vacations policy (504:1)
and any other pay as the City deems appropriate.
8) The Human Resource Director is responsible for preparing a status change form
(SCF) notice detailing reasons for separation. The SCF notice is routed to payroll for
computing final pay, and a copy is retained in the individual's personnel file.
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c,1 fr
°4j, City of Sunny Isles Beach
Personnel Policy and Procedure
Policy Name PERFORMANCE APPRAISALS - GENERAL
Policy Number 303:1
Effective Date 10/1/04
Revision Date(s) 5/18/17
Prepared By, Title Human Resources Director
Approved By, Title City Manager
POLICY:
It is the policy of the City that the job performance of each City employee should be on-
going and be formally evaluated periodically by the employee's designated supervisor
(rater) and reviewed by the department head, or next senior manager so designated, as
the reviewer.
PROCEDURE:
1) In coordination with the Human Resources Department, designated supervisors
should complete performance appraisals upon the following occasions:
a) At the end of the first three (3) months,and six (6), nine (9) and twelve (12)
months of employment;
b) In conjunction with the annual performance review;
c) When the employee is transferred or promoted to a new job;
d) When the employee is assigned to a new supervisor (rater); and
e) When a reduction in staff is necessary.
If a performance appraisal has been completed within one month of the above
occasions, a new appraisal does not need to be completed. Between scheduled
appraisals, supervisors should meet with employees on an informal basis and discuss
any performance issues that require attention. Supervisors should keep records of
any significant positive or negative incidents.
2) In evaluating employees, supervisors should consider factors such as the experience
and training of the employee, the job description, and the employee's attainment of
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previously set performance objectives and goals. Other factors that normally should
be considered include knowledge of the job, quantity and quality of work, promptness
in completing assignments, cooperation, initiative, reliability, attendance, judgment,
conduct, and acceptance of responsibility.
3) Supervisors should prepare an appraisal of each employee's job performance using
the HR approved evaluation form. The appraisal generally should include the
supervisor's (rater) comments and recommendations, an action plan for both the
employee and supervisor, and performance goals for the next evaluation period.
4) Department heads, or designated reviewer, should review each supervisor's written
evaluation to help assure that the evaluation function has been properly completed in
as fair and objective a manner as possible.
5) After the written evaluation has been reviewed by the department head, or designated
reviewer, the supervisor and employee should meet and discuss the final evaluation,
assess the employee's strengths and weaknesses in a constructive manner, and set
performance objectives and goals for the period ahead. The employee should be
given the opportunity to examine the evaluation and make written comments about
any aspect of it. The employee and supervisor should then sign and date the
evaluation and forward it to the HR Department for review and inclusion in the
employee's personnel file.
6) In addition to adding written comments to their performance appraisal, employees may
request a review by their department head, the HR Director, or the City Manager.
(note: the request must be made within one work-day of receipt of the final evaluation)
7) Information derived from the performance appraisal will be considered when making
decisions affecting pay, promotion, training, transfer, or continued employment.
8) The procedures discussed in this policy will be followed by all City employees so
designated as raters and reviewers. Failure to do so may result in disciplinary action
unless there are mitigating circumstances as determined by the City Manager. The
City may, in.its sole discretion, modify or revoke procedures in whole or in part at any
time.
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SU N�NY,JEr =
° City of Sunny Isles Beach
Personnel Policy and Procedure
Policy Name SEVERANCE PAY
Policy Number 304:1
Effective Date 10/1/04
Revision Date(s) 6/1/05; 12/1/05; 5/18/17
Prepared By, Title Human Resources Director
Approved By, Title City Manager
PURPOSE:
Severance pay is intended to provide extra economic help to certain terminated
employees while they adjust to their job loss.
POLICY:
It is the policy of the City that severance pay may be granted to terminated employees
after six (6) months of service with the City and under certain limited circumstances. The
City will establish the terms for severance pay in writing and communicate these terms to
employees as required by law. The City retains the right to amend or terminate its
severance pay plan at any time. This policy does not apply to severance pay agreements
that have been approved by the City Commission or that have been approved by the City
Manager and City Attorney prior to the effective date of this policy.
ELIGIBILITY:
All regular appointment full time and part-time (not intermittent) City employees except as
noted above.
PROCEDURE:
1) The Human Resources Department is responsible for administering this policy and
will handle any employee claims or complaints. The City Attorney is responsible for
determining and preparing the details of any severance pay agreement as authorized
by this policy or as directed by the City Commission or the City Manager.
2) Employees may be considered eligible for severance pay if they have worked as a
regular appointment employee for at least six (6) months and are terminated because
of:
a) A permanent reduction in force (unless the employee refuses a transfer
recommended by the City); or
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b) The elimination of the job or position.
3) Employees normally will not be considered eligible for severance pay if their
employment is terminated because of:
a) An employee-initiated voluntary resignation;
b) Misconduct;
c) A breach of an employment agreement; or
d) A normal retirement, employee-initiated early retirement, voluntary
acceptance of a City-initiated or FRS early retirement program, permanent
disability, or death.
4) Eligible employees may be required to sign a release agreement in order to receive
severance pay. If a release is required, an employee's refusal to sign it will result in
a reduction or complete denial of severance pay.
service except as described below. Severance pay is calculated from the most recent
date of hire. Unless otherwise provided, payment will be made in a lump sum at the
time when final termination pay is provided.
mpt employees will receive three (3) months severance pay as a
deputy city attorney; the chief plans examiner and chief inspectors; and the assistant
police chief, police captains and police lieutenants.
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tuH t�c-i
City of Sunny Isles Beach
,
Personnel Policy and Procedure
Policy Name TRAVEL ON CITY BUSINESS
Policy Number 401:1
Effective Date 10/1/04
Revision Date(s) 5/18/17
Prepared By, Title Human Resources Director
Approved By, Title City Manager
PURPOSE:
The purpose of this policy is as follows: 1) provide a reasonable, systematic means by
which travel for City purposes may be approved and controlled, consistent with efficient
and economical operations; and, 2) to standardize travel costs and procedures for City
employees and officials regardless of funding source or purpose of trip.
POLICY:
Attendance by City employees and elected or appointed officials at professional
meetings, conferences, seminars, and training courses is encouraged as it benefits them
and the City through increased awareness of current technical and administrative
developments. Further, it is the policy of the City that City business travel must be
approved in advance and should be engaged in, and reimbursed, according to the
guidelines below.
RESPONSIBILITIES:
1) Employees holding jobs that require travel are expected to travel as a condition of
employment. For all other jobs, travel is considered only an incidental function of the
position, but may be required.
2) Trips on official business may be authorized only by a department head or the City
Manager and must be approved in advance. The City Manager has the authority to
reject travel claims that are not in compliance with City ordinance and/or this policy.
3} Under normal circumstances, employees should make all travel arrangements for
transportation and lodging using the procedures specified approved by the Finance
Deni, Human Resources and the City Manager's Office. In addition, all mileage
or usage credits awarded by transportation, credit card, and other travel service
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401-1 Travel on City Business Page 1 of 5
66
companies are to be assigned to the City. The attached forms and memorandum
are to be used in conjunction with this policy:
b) HRD22, Training Course Request form;
c) Finance Dept. Travel Expense Report Form;
{Per Diem) reimbursement based on federal CPI/COLA adjustment to
previous year Per Diem rates.
4) City employees and Elected Officials traveling on City business can be reimbursed for
reasonable incidental travel expenses such as taxi fares, tolls, parking fees, and
registration fees.
a) Reimbursement for the purchase of personal items, including barber and
beauty parlor fees, medical expenses, etc. and expenses associated with
recreation, gifts and alcoholic beverages are specifically prohibited.
Expenses for spouses, guests or family members are not reimbursable.
b) Before the City reimburses any expense incurred in the conduct of official
business, elected officials and employees of the City must attest in a form
prepared by the City Manager, or designee, that the expenses were incurred
in the performance of official duties related to the affairs of the City. Expenses
will not be reimbursed where the traveler fails to verify the expenses
5) Employees should provide their supervisor with a copy of their itinerary before leaving
on business travel.
6) Employees traveling on City business are representatives of the City and are expected
to maintain a high level of professionalism and to follow all of the City's policies and
rules. (See Behavior of Employees, policy 801:1)
7) Any person who willfully makes and subscribes any such claim that s/he does not
believe to be true and correct as to every material matter, or who willfully aids or
assists in, or procures, counsels, or advises the preparation or presentation of such
claim that is fraudulent or is false as to any material matter, whether or not such falsity
or fraud is with the knowledge or consent of the person authorized or required to
present such claim, commits a misdemeanor of the second degree, punishable as
provided in Section 775.082 Florida Statutes or Section 775.083, Florida Statutes.
Whoever receives an allowance or reimbursement by means of a false claim is civilly
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•
liable in the amount of the overpayment for the reimbursement of the public fund from
which the claim was paid.
PROCEDURE
Except as authorized by a negotiated employment contract, the following procedures
apply:
1) Payment of Trip Expenses:
a. Advances: The Finance Director is authorized to make travel advances to
cover the anticipated costs of approved trips.
2) Computation of Travel Time:
a. Authorized travel status of twenty-four (24) hours or more away from the
City, based on calendar day of midnight to midnight will be eligible for travel
expense reimbursement as described in this policy.
b. Authorized travel status of less than twenty-four (24) hours which requires
overnight lodging will also be eligible for travel expense reimbursement.
c. Authorized travel status of less than twenty-four (24) hours not requiring
overnight lodging and at a location greater than fifty(50) miles from the City,
will be eligible for a meal allowance based on Per Diem rate, and any
incidental expenses incurred to include mileage or mode of travel
reimbursement, parking and tolls reimbursement, and any incidental travel
expenses.
d. Authorized travel status of less than fifty (50) miles from the City will be
eligible for parking and tolls reimbursement only unless the employee is
directed to report to the City prior to departing on the authorized travel in
which case mileage reimbursement to the travel location and back to the
City is authorized.
3) Meals Allowance (Per Diem): Employees on an authorized travel status as
described above may be eligible to receive Per Diem meals allowance. Per diem
allowances will be calculated in accordance with IRS Per Diem rates The current
issued at the beginning of each fiscal year.
4) Mode of Transportation: The City may issue guidelines specifying or restricting
travel booking requirements. Under normal circumstances, employees should use
the most appropriate and most economic mode of transportation available, book
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401-1 Travel on City Business Page 3 of 5
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the least expensive fares, and stay in and eat at Conference hotels or other
moderately priced establishments. The following factors will be given
consideration:
a) The purpose of the trip;
b) Work time to be missed;
c) The number of persons making the trip;
d) The amount of material or equipment being transported;
e) Whether the mode of transportation is a consideration due to time.
The City Manager will approve the mode of transportation.
5) Vacation Combined With Official Travel: Employees wishing to combine a
vacation with a business or convention trip must have the prior approval of the
Department Head and the City Manager. Employees traveling under such
circumstances will be reimbursed at the roundtrip lowest practical common carrier
rate to and from the official business trip location, regardless of the mode of
transportation used or the actual trip destinations. Actual expenses will be
reimbursed for the actual official business trip period and travel time to and from
the business trip location via common carrier. All other time will be charged as
annual leave.
6) Budgeting of Trips: All trips, whether training related or for official City business,
are to be approved in advance as part of the annual budget of the department
unless a trip substitution or budget transfer is authorized by the City Manager.
7) Authorization to Travel:
a) At least ten (10) work days in advance of the scheduled departure date, to the
extent possible, a Conference/Seminar Travel Request form (or a Training
Request form if more appropriate) and a Travel Expense Report Form, which
documents the estimated trip expenses, will be completed and submitted
through the Department Head and the Finance Director to the City Manager for
approval. Information on the trip including an agenda and any official/formal
documentation must be attached. If the nature of the trip is such that advance
notice cannot be given, this step can be shortened or eliminated.
b) Upon approval of the Department Head and review of the Finance Director, the
form will be forwarded to the City Manager for final approval. Once approved,
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401-1 Travel on City Business Page 4 of 5
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the City Manager will return the forms to the Finance Department and copy the
Human Resources Department.
8) Expense Report: Within five (5) work days after completion of the trip, a Travel
Expense Report Form must be submitted, in duplicate, through the Department
Head, to the Finance Director. Receipts for lodging, registration fees, meals, and
transportation related receipts and other expenses for which reimbursement is
requested must be attached. The Finance Department may require explanation or
clarification of any expenditures considered questionable and will verify the amount
of reimbursement due the employee, or due the City, based on the provisions
contained in this policy.
FORM-54
a) HRD7, Conference/Seminar Travel Request form;
b) HRD22, Training Course Request form;
c) Finance Dept. Travel Expense Report Form;
■.--- - - . .._ .
previous year Per Diem rates.
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t yJNN--SF'f
'" City of Sunny Isles Beach
or Personnel Policy and Procedure
Policy Name RETIREMENT BENEFITS
Policy Number 503:1
Effective Date 10/1/04
Revision Date(s) 5/18/17
Prepared By, Title Human Resources Director
Approved By, Title City Manager
POLICY:
It is the policy of the City to provide eligible employees with retirement benefits.
PROVISIONS-&-E-LIG-1-13 RETIREMENT PLANS:
The City of Sunny Isles Beach is a Florida Retirement System (FRS) agency and as such,
- • -- '. - - . ---_- e e , as of November 1, 2002, all new hires ace were required to
be enrolled. Employees hired prior to this date were required to make an election to either
stay with the then City retirement plan (a 401A defined contribution plan) or elect to join
the FRS, which is a defined benefit pension plan.
Pursuant to state law and FRS rules, eligible employees are those employees who are
appointed into a regular full-time or part-time City position no matter how many hours
scheduled to work. Temporary and intermittent employees are not eligible.
The FRS does not provide for employee contribution to the plan at this time; the City will
there may be employee contributions to the plan in the future.
Eligible employees and the City will make retirement contributions pursuant to current
FRS rules and contribution rates, approved by the State of Florida.
The City requires advance notice of an employee's intent to retire or enter the Deferred
Retirement Option Program (DROP). It is the desire of the City to receive at least a three
(3) month advance notice and, preferably, not less than three (3) months prior to the end
of the fiscal year. Sufficient advance notification may have impact on the amount of
accrued benefits the employee may be eligible to receive upon separation.
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PROCEDURE:
1) Florida Retirement System (FRS)
a) Upon appointment as a City employee in a regular City position, the employee
will be enrolled by the Finance Department into the defined benefit FRS
pension plan effective the date of the regular appointment. The employee has
the option to elect the FRS Investment Plan and must inform the Division of
Retirement directly within the allotted time.
b) Management employees appointed into a designated FRS Senior
Management position will be provided those elections pursuant to FRS rules.
If the position has asyet not been designated asFRSi
a Senior Management
99
position, the Human Resources Director will follow FRS procedures to do so
(senior management positions not already designated as FRS Senior
Management positions may have the opportunity to select FRS or to select the
City's 401A management plan provided the current FRS rules provide for such
election).
c) FRS requires six (6) years (continuous or in total) of FRS employment in order
to be vested into the pension plan. Vesting schedules vary per plan and are
determined by Florida Statutes.
d) All information regarding individual employee FRS accounts are administered
by FRS and can be attained by individual employees by either going on-line
and accessing individual FRS account information or by contacting FRS
directly. The Human Resources Department and the Finance Department have
has information regarding FRS contact numbers and on-line internet
addresses.
2) ICMA 401A Plan
a) Employees who were given a choice to remain in the City's defined
contribution 401A retirement plan as of November 1, 2002, effective 1
November 2002, and chose to do so, continue to make contributions to the
plan pursuant to current plan requirements, as does the City.
b) Current contribution rates are as follows: the City contributes 11% of
employee's base salary per pay period; non-management employees
contribute 4%; management employees contribute 6%.
c) The City reserves the right to change contribution rates as may be
necessary.
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503-1 Retirement Benefits Page 2 of 6
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d) The Finance Human Resources Department generally administers the
City's 401A plan which is offered through ICMA. All plan information can
be obtained either through the Finance Human Resources Department or
by contacting the ICMA directly. Employee account information can be
accessed by the employee either on-line or via telephone. The Human
Resources Department anal the Finance Department b-ave has information
regarding FRS contact numbers and on-line internet addresses.
3) Voluntary ICMA 457 Deferred Compensation Plan
The City offers a voluntary Section 457 tax deferred retirement savings program
through the ICMA. This plan is available to eligible employees who wish to
supplement future retirement income. The plan allows employees to put aside a
portion of their earnings, up to the current federal limit, each pay period into an
account for their retirement and reduce the amount of earnings that is currently
taxable. The Finance Human Resources Department administers this program
through the ICMA.
4) Voluntary ICMA Roth IRA Plan
The City offers a voluntary Roth IRA plan. This plan is available to eligible
employees who wish to supplement future retirement income. The plan allows
employees to put aside a portion of their earnings, up to the current federal limit,
each pay period into an account for their retirement. The Human Resources
Department administers this program through the ICMA.
RETIREE HEALTH INSURANCE:
1) Eligibility:
a. Eligible full-time employees of the City that are participants in the City's
Health Insurance plans (the Plan) at the time of their retirement shall be
afforded the option of continuing to participate in the Plan(s) as a
Retiree.A"Retiree" is defined as an employee who voluntarily withdraws
from one's position and qualifies as a retiree under Section 112.0801(2),
Florida Statutes. The Retiree and any eligible dependent(s) may
continue participation under the Plan(s) effective the first day of the
subsequent month following the employee's separation of service.
Retirees can elect to continue coverage only for dependents that are
enrolled in the Plan(s) or elect to remove the dependents.
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503-1 Retirement Benefits Page 3 of 6
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b. The benefits continued under retiree coverage include the same health,
prescription, vision and dental coverage that the employee received as
an active participant in the Plan.
2) Procedure:
a. Upon retirement, the Human Resources Department will notify the
employee of the option to continue the health benefits. Employees
wishing to continue coverage as a Retiree must elect the coverage
within 60 days. The City utilizes a third party administrator for election
notifications and payment administration. Coverage through the active
group terminates the end of the month in which the employee retires,
providing premiums are paid in full. Coverage as a Retiree begins the
first of the month following retirement, providing payment is received.
The option to enroll in the City's health insurance plan upon retirement
is a one-time option, which must be exercised on or before the last day
of employment with the City.
b. The Retiree must pay a monthly Retiree contribution rate applicable to
the covered class (i.e., employee, employee plus spouse, employee
plus children, or family) elected for continuation. The retiree contribution
rate is established at 100% of the determined costs for the class of
coverage elected, and is assessed annually for rate adjustments each
March 1. The City will not pay the costs, or a portion thereof, of any such
continuation coverage for its Retirees and eligible dependents.
c. Once the City's health plan coverage for employees and their
dependents with Medicare changes to Retiree coverage, the Medicare
coverage will generally become primary and the City's health plan
coverage will become secondary to the Medicare coverage.
d. Retiree health insurance payments are due on the first day of each
month of continuation coverage. A grace period of 30 days after the first
day of the month will be given to make each monthly payment.
Continuation coverage will be provided for each month as long as
payment for that month is made before the end of the grace period for
that payment. If the Retiree fails to make a monthly payment before the
end of the grace period for that month, they will lose all rights to
continuation coverage under the Plan and the benefits will be
terminated.
e. If Retiree health insurance coverage is terminated, it cannot be
reinstated and COBRA continuation coverage will not be available.
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503-1 Retirement Benefits Page 4 of 6
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f. Retirees may cancel health, dental and/or vision coverage during the
year, however, they may not rejoin the plan at a later date once coverage
is cancelled. The change will become effective the end of the month the
request is received. If cancellation is due to other insurance coverage,
the cancellation will be done to coincide with the effective date of the
new coverage providing proof of other insurance is provided, the request
is timely and claims have not been incurred under the plan you are
cancelling. Dependent coverage ceases upon cancellation of Retiree
coverage. At that time, dependents will be offered continuation coverage
under the provisions of the Consolidated Omnibus Budget
Reconciliation Act (COBRA).
g. Dependents may be added mid-year or outside of the annual benefits
open enrollment period if there is a "Qualifying Life Event". Qualifying
Life Events are defined by the Internal Revenue Service (IRS) and
include:
i. Change in Retiree's legal status including marriage, divorce, and
death of spouse/domestic partner.
ii. Change in the number of dependents the Retiree has for federal
income tax purposes due to events such as birth, adoption,
placement for adoption or death.
iii. The termination or commencement of employment of the
Retiree's spouse/domestic partner or other enrolled dependent.
iv. An event that causes the Retiree's dependent child to satisfy or
cease to satisfy the requirements for coverage due to attainment
of age.
v. A court order or judgment, decree or change in legal custody
including a qualified health child support order.
vi. Entitlement to or loss of Medicare eligibility for Retiree and/or
dependents.
vii. Entitlement to or loss of Medicaid/Children's Health Insurance
Program (CHIP) eligibility (60 days allowed to exercise this
HIPAA Special Enrollment Rights).
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503-1 Retirement Benefits Page 5 of 6
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viii. Differences in the open enrollment periods between the City and
another employer affecting the Retiree's spouse or dependent.
h. Requests to add a new dependent must be received by the Human
Resources Department within 30 days of the event (60 days for
newborns/adoptions/ placement for adoption/entitlement to or loss of
Medicaid/CHIP). If the supporting documentation (example marriage
certificate, birth certificate etc.) is not readily available, the Retiree must
provide it as soon as it becomes available. The types of documentation
required to support the change in status will be determined by Human
Resources and communicated to the Retiree upon request for
enrollment. Once approved, the change will become effective the first
day of the month following receipt of the request, providing supporting
documentation is provided.
i. Dependent children ages 26 - 30 are eligible for group health coverage.
Chapter 627.6562 of the Florida Statutes, stipulates that the child must
be unmarried without any dependents, a resident of the State of Florida
or a full-time or part-time student and is not provided coverage or is not
a covered person under any other group health insurance policy or
individual health benefits plan, or is not entitled to benefits under Title
XVIII of the Social Security Act. Retirees enrolling a new dependent child
age 26+ must provide supporting documentation that the child was
continuously covered by other creditable coverage without a gap in
coverage of more than 63 days.
3) Employees covered under a Collective Bargaining Agreement should refer to
the Collective Bargaining Agreement for additional benefits, procedures and
information relating to this policy. •
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503-1 Retirement Benefits Page 6 of 6
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•
°, 1= City of Sunny Isles Beach
Personnel Policy and Procedure
Policy Name FLOATING HOLIDAYS
Policy Number 505:2 (NEW)
Effective Date 5/18/17
Revision Date(s)
Prepared By (Title) Human Resources Director
Approved By (Title) City Manager
POLICY:
It is the policy of the City to grant floating holidays with pay to eligible full-time and eligible
part-time employees in accordance with the guidelines established below.
ELIGIBILITY:
All regular appointment full time classified position employees and regular appointment
part-time classified position employees who accrue vacation pro rata. (note: Non-
classified position employees may be eligible as prescribed by employment agreement
or as directed by the City Commission or City Manager.)
POLICY:
1 . All full-time, regular employees receive two floating holidays per year in addition to
vacation and sick leave and City's observed federal holidays. These two floating
holidays allow employees to have additional paid leave to cover absences for
personal reasons, such as religious observances or parent-teacher conferences,
or to supplement vacation, sick and holiday leave. Exempt employees will receive
56 hours of floating holidays. (Department Heads may be eligible for 80 hours of
floating holidays; see Vacations, policy 504:1)
2. Floating holidays are available at the beginning of each calendar year. Any
employee hired after the beginning of the calendar year shall receive the floating
holidays pro-rated based on the remaining pay periods for the year.
3. Floating holidays may be used to cover full or partial-day absences. They must be
taken in the calendar year in which given. Under no circumstances will these days
be carried over to the next calendar year.
4. A floating holiday must be scheduled and approved in advance by the employee's
immediate supervisor.
Policy 505:2—Floating Holidays Page 1 of 2
77
5. Upon separation, employees will be paid out their floating holidays at a pro-rated
amount based on the pay periods worked during the calendar year.
Policy 505:2—Floating Holidays Page 2 of 2
78
SONNY Irrr
1' City of Sunny Isles Beach
or. Personnel Policy and Procedure
Policy Name EDUCATIONAL REIMBURSEMENT PROGRAM
Policy Number 506:1
Effective Date 10/1/04
Revision Date(s) 3/15/12; 5/18/17
Prepared By, Title Human Resources Director
Approved By, Title City Manager
POLICY:
It is the intent of the City to provide educational assistance to full-time employees
voluntarily participating in training of educational programs designed to maintain or
increase knowledge, skills, and/or abilities. This program establishes the policies and
procedures for participation in the Educational Reimbursement Program.
SCOPE:
This program is open to all full-time employees of the City, and any other employees
deemed qualified, as may be designated by the City Manager. Employees are eligible to
participate in this program upon successful completion of their Introductory/Probationary
Period.
PROCEDURE:
1) The City of Sunny Isles Beach will reimburse employees for educational
development expenses provided:
a) the courses are job-related; and
b) the courses are pre-approved by the Department Head, the Human
Resources Director, and the City Manager; and
c) the Employee receives a grade of"B" or better.
2) Employees will be eligible to receive reimbursement of up to Fifteen Hundred
Dollars ($1,500.00), per fiscal year, for the cost of tuition, books, materials,
supplies and activity fees. Senior Staff employees as determined by the City
Manager (e.g. Department Heads, Deputies etc.) and general employees who are
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506-1 Educational Reimbursement Program Page 1 of 2
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seeking a Master's degree or higher will be eligible to receive reimbursement of up
to Three Thousand Dollars ($3,000.00), per fiscal year, for the cost of tuition,
books, materials, supplies and activity fees.
3) If less than one-half (1/2) of the educational funds budgeted for the fiscal year are
not expended or encumbered at the end of the fiscal year, a participating employee
will be entitled to receive an additional reimbursement amount, not to exceed
Fifteen Hundred Dollars ($1,500.00). The maximum benefit amount shall be Three
Thousand Dollars ($3,000.00), per fiscal year.
4) Participants may shall be required to reimburse the City should they leave,
voluntarily or not, within twelve (12) months of receiving program money.
Reimbursement amount will be pro-rated based on date of disbursement of funds.
5) An eligible employee will complete and submit an "Educational Reimbursement
Request Form" (copy attached) to his/her Department Head. The Department
Head will then submit the form to the City Manager, through the Human Resources
Director, for approval. Forms can be obtained from the Human Resources
Department.
6) The City Manager, in consultation with the Department Head and the Human
Resources Director, will consider each request upon its merit. The Human
Resources Director will then notify the employee, through the Department Head,
of the City Manager's decision.
7) If approved, the employee will pay his/her tuition at the time of enrollment in the
approved course(s). Upon completion of the pre-approved course(s) with a grade
of"B" or better, the City will reimburse the employee accordingly.
8) Payments will be made in a timely fashion upon verification of submitted required
documentation.
9) Employees receiving grant funds or scholarships are not eligible to receive
reimbursement for those monies.
10) Courses must have started and be completed during the fiscal year of which
reimbursement has been requested. Employees completing a
introductory/probationary period can only submit for reimbursement courses that
have started and are completed after they have successfully completed the
introductory/probationary period.
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City of Sunny Isles Beach
Personnel Policy and Procedure
Policy Name SMOKING
Policy Number 606:1
Effective Date 10/1/04
Revision Date(s) 5/18/17
Prepared By, Title Human Resources Director
Approved By, Title City Manager
POLICY:
It is the policy of the City to comply with all applicable federal, state, and local regulations
regarding smoking in the workplace and to provide a smoke-free work environment that
promotes productivity and the well-being of its employees. For the purposes of this policy:
Smoking is defined as the following: use of smoke-producing tobacco or non-tabacco
products, such as cigarettes, cigars, cigarillos, mini-cigars, hookah, e-cigarettes or vapinq
device.
SCOPE:
All City Employees, City vendors, City contractors, City customers, and City visitors.
PROCEDURE:
1) The City recognizes that smoking in the workplace can adversely affect
employees. Accordingly, smoking is prohibited inside all City facilities, work areas,
and vehicles.
2) The Human Resources Director is responsible for implementing and monitoring
smoking regulations, and supervisors are expected to enforce the regulations. The
smoking policy applies to employees during working time and to vendors,
contractors, and visitors inside City facilities, City work areas and City vehicles.
3) The City does not discriminate against individuals on the basis of their use of legal
products, such as tobacco, if the use occurs during nonworking time and off of
the City's premises. "Smoke breaks" for employees are not authorized.
4) Employees may contact the Human Resources Department or the City's health
provider for information regarding the availability of smoking cessation programs.
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5) Employees violating this policy will be subject to disciplinary action up to and
including termination.
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606-1 Smoking Page 2 of 2
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/S/NAV Y�i�F
City of Sunny Isles Beach
moo:; Personnel Policy and Procedure
Policy Name CITY MOTOR VEHICLES
Policy Number 608:1 (NEW)
Effective Date 5/18/17
Revision Date(s)
Prepared By, Title Human Resources Director
Approved By, Title City Manager
PURPOSE:
To provide uniform standards and procedures for the proper assignment, use, and
maintenance of all City vehicles including Electric Cars, ATVs, and Jet-skis (where
applicable). Police Vehicles are addressed in the Sunny Isles Beach Police Department's
General Orders.
POLICY:
The conducting of City business often requires the use of a City vehicle. Departments
and employees using City vehicles are responsible for the proper use, maintenance, and
safe operation of the vehicle as outlined in this policy. In addition to the information
outlined in the policy, CDL/DOT covered employees will adhere to the CDL/DOT Drivers
Policy.
PROCEDURE:
VEHICLE ASSIGNMENTS — CATEGORIES AND CRITERIA:
A. Pool Vehicles: Assigned and managed by the Fleet Division of the Public Works
Department for general use by City employees.
1. Pool vehicles are intended to be used by various City employees during the
course of a regular business day to conduct official City business.
2. The Fleet Division shall ensure that the City's pool vehicles are utilized in the
most cost effective manner possible and solely for City business purposes.
3. Any employee planning to use a pool vehicle should give prior notification to
the Fleet Division of at least one hour.
4. It is the Fleet Division's responsibility to keep a daily log of all pool vehicles
loaned out on that particular day.
Policy 608:1 —City Motor Vehicles Page 1 of 7
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5. The Fleet Division and the employee will inspect the vehicle for damages prior
to it being released and after it is returned. Damages will be noted before the
car leaves the lot. If there are no damages, that will be noted as well. Upon
return of the car, if there are damages that were not there prior to the car being
loaned out, the Fleet Division representative will take pictures of the damage
and note damages on the "Damage to City Property" Form.
6. Vehicles shall never be returned with less than 1/4 tank. Vehicles can be
refueled at the designated gas stations. The employee must contact the Fleet
Division for the list of the designated gas stations.
B. 8-Hour Vehicles: Assigned to an employee in a department or division at the
discretion of the using Department Director.
1. 8-Hour vehicle assignments are justified when an employee must use a vehicle
for 70% of the employee's work shift on a daily basis in order to effectively
conduct City business.
C. 24-Hour Vehicles (Take Home Vehicle): Assigned to an employee in a City
department or office at the discretion of the Department Director, with approval from
the City Manager.
1. Vehicle is assigned to a City employee on a continuous twenty-four (24) hour
basis and the employee is allowed to commute to and from work in the City
vehicle.
2. The 24-hour vehicle assignments are based on the individual needs of a
department and must be justified and approved by the using Department
Director and must have written approval from the City Manager.
3. Use of any 24-hour vehicle for personal business or convenience is prohibited.
OPERATION OF VEHICLES:
The following standards and procedures shall be adhered to:
A. GENERAL:
1. Florida Driver's License: A valid Florida Driver's License is required in order to
operate any City vehicle or on-road motorized equipment. (See Valid Florida
Driver's License Requirement, policy 609:1).
2. Authorized Operators: Only City employees are authorized to drive or operate
City vehicles. City employees must receive prior approval from their
Policy 608:1 —City Motor Vehicles Page 2 of 7
84
Department Director and Human Resources. Driver's License Violation
Records will be requested in order to designate an authorized operator.
3. Appearance: An employee driving a City-owned vehicle becomes a visible
representative of the City of Sunny Isles Beach and therefore, the vehicle's
appearance and condition must present a favorable impression of the City. City
employees are responsible for the proper care, cleanliness, and maintenance
of said vehicle.
4. Passengers: City vehicles may be utilized to transport City employees on
official City business. Non-City employees are not allowed to be transported in
city vehicles.
5. Seatbelts: Seatbelts must be worn at all times by all persons traveling in the
vehicle.
6. No Smoking: Smoking in any City vehicle is prohibited.
7. Personal Business: The use of City vehicles for personal business or
convenience is strictly prohibited.
8. Parking/Traffic Violations: Employees shall exercise good judgment in utilizing
a City vehicle and shall not drive, operate, or park vehicles in such a manner
as to cause unfavorable comment or reflect discredit upon the City. All traffic
laws and regulations must be obeyed, especially use of directional turn
signals. Upon receiving a parking citation, the employee must provide a copy
of the citation to their Department Director and Human Resources. The
employees will be responsible for paying the citation. If the vehicle gets towed
due to a parking violation, the employee will contact the Department Director
and/or Human Resources. The employee will be responsible for the cost of the
towing and impound.
9. Electronic Devices: Electronic devices such as cell phones, pagers, digital
assistants, laptops, and other electronic communication devices should only be
used when the vehicle is not in motion.
10.Safety: At the beginning of each shift, employees shall carefully inspect the
vehicle to ensure that it is in serviceable and safe operating condition and is
not damaged. Employees shall report any mechanical problems to the Fleet
Division.
11.Due Care: Any use of city vehicles and/or equipment requires the use of due
care and safety. Employees may not speed, drive recklessly, and drive outside
of city boundaries or established areas (without authorization) or use city
vehicles or equipment in an unsafe manner.
Policy 608:1 —City Motor Vehicles Page 3 of 7
85
B. USE OF CITY VEHICLES FOR EXTENDED TRAVEL (TRAVEL OUTSIDE MIAMI
DADE AND BROWARD COUNTY):
1. City vehicles must be inspected by the Fleet Division at least one week in
advance of the extended travel date.
2. Employees must adhere to the City's travel policy. (See Travel on City
Business, policy 401.1).
C. CARE AND MAINTENANCE:
1. Employees will be required to maintain and care for their assigned vehicle and
equipment.
•
2. Supervisors shall be responsible for monthly inspections of employees'
vehicles under their command. Vehicles shall be inspected for cleanliness,
wear and tear, and required equipment in good working order.
3. Employees shall, at all times, operate their assigned vehicles with reasonable
prudence in order to maintain them at the highest level of operating efficiency.
D. SECURITY OF VEHICLES:
1. Portable radios, cellular phones, computers and other removable equipment
either Departmental issue or personal, shall be removed from assigned
vehicles when left unattended. Personal items should be removed from all
unattended vehicles. The City will not be liable for personal items stolen or
damaged in assigned vehicles.
2. Assigned vehicles shall be properly secured at all times.
3. Any theft of equipment from an assigned vehicle shall be immediately reported
to the employee's supervisor.
E. MARKINGS AND EQUIPMENT:
1 . All City vehicles shall bear permanently attached official City of Sunny Isles
Beach seals, lettering, and/or markings.
2. Stickers, decals, or personalized license plates of any kind shall not be added
to any City vehicle without written authorization from the City Manager.
3. No additional or add-on equipment or accessories shall be installed or added
to any City vehicle without the expressed written consent of the using
Department or City Manager.
Policy 608:1 —City Motor Vehicles Page 4 of 7
86
4. Employees shall not use or introduce any fuel, oil, lubricant or additive other
than those authorized by the Fleet Division.
F. REPORTING ACCIDENTS:
Any City employee involved in any vehicular accident while driving a City vehicle
must:
1. Immediately contact the Police for completion of a Florida Traffic Crash Report
(a/k/a police accident report) for all motor vehicle accidents. Said report shall
be attached to the "Damage to City Property& Accident Report" and forwarded
to the Human Resources Department.
2. Immediately notify the employee's supervisor. Supervisor will be responsible
for notifying Human Resources and the Fleet Division within 24 hours of the
accident.
3. Injuries sustained by general employees driving a take home vehicle in an off-
duty status (including commuting to and from work) shall not be compensable
under Florida Statutes Chapter 440. The following are examples of
compensable and non-compensable injuries:
General Employees:
• On duty, inside City limits — compensable
• On duty, outside the City limits — compensable
• Off duty, outside City limits — not compensable
• Off duty, inside City limits — not compensable
4. Injuries sustained by sworn police officers driving a take home vehicle in an off-
duty status while commuting to and from work shall be compensable under
Florida Statutes Chapter 440. The following are examples of compensable and
non-compensable injuries:
Sworn Police Officers:
• On duty, inside City limits — compensable
• On duty, outside the City limits — compensable
• Off duty, outside City limits — compensable
• Off duty, inside City limits — compensable
5. When take home vehicles are damaged or disabled requiring out of service
repair, the employee must provide personal transportation to and from work if
a spare City vehicle is unavailable.
Policy 608:1 —City Motor Vehicles Page 5 of 7
87
G. PROHIBITED ACTS:
The following activities, although not totally inclusive, are prohibited:
1. Employees experiencing any type of impairment or condition that may
adversely affect their safe operation of a motor vehicle shall not operate a city
vehicle. This includes side effects of prescribed and over-the-counter
medication. An employee may not operate a take home vehicle having
consumed any alcoholic beverage.
2. Employees shall not transport alcoholic beverages or unlawful drugs, of any
type, in their take home vehicle unless within the scope of their official duties
(e.g. a sworn police officer transporting evidence).
3. Employees shall not drive their take home vehicles to establishments which are
primarily engaged in the sale and/or on-premises consumption of alcoholic
beverages, to businesses of a questionable nature, or to any other
establishments specifically prohibited by the City.
4. The intentional use of a take home vehicle for the purpose of obtaining overtime
is prohibited.
5. Utilization of the take home vehicle for any unauthorized personal
compensation is prohibited.
6. City vehicles shall not be utilized for carrying heavy or excessive loads, nor
shall any objects be carried on or towed from the exterior of the vehicle, unless
the vehicle is specifically designed for that purpose.
H. MISCELLANEOUS:
1. All City employees authorized to drive City vehicles may be required to
participate in a Defensive Driving Course as determined by the Human
Resources Department.
2. Employees with City vehicles involved in preventable accidents may be
required to participate in an approved Defensive Driving Course.
I. REVOCATION OF CITY VEHICLE USE AND PRIVILEGES:
1. The use of the vehicle shall be considered a privilege and not an automatic fringe
benefit or employment right. Vehicle assignments will be reviewed yearly and are
subject to change at the City Manager's discretion. An employee may be
determined ineligible to receive an assigned City vehicle if he/she has been
involved in two (2) or more preventable accidents within a twenty-four (24) month
period, has been suspended from duty, or is on light duty status.
Policy 608:1 —City Motor Vehicles Page 6 of 7
88
2. Any employee who deliberately and/or willfully violates and/or circumvents the
standards and procedures described within this policy shall be subject to loss of
any and/or all City vehicle privileges and be subject to other applicable disciplinary
action up to and including dismissal.
3. Please note that there are other City Policies relating to the topic discussed in this
policy. Sworn personnel must also adhere to the Sunny Isles Beach Police
Department's General Orders relating to this topic.
4. Employee who are required to be use a city vehicle for the purposes of performing
their essential job duties and have their driving privileges revoked shall be
terminated.
Policy 608:1 —City Motor Vehicles Page 7 of 7
89
SUNNI r
`+ )= City of Sunny Isles Beach
\ '
o'+ Personnel Policy and Procedure
Policy Name VALID FLORIDA DRIVER'S LICENSE REQUIREMENT
Policy Number 609:1 (NEW)
Effective Date 5/18/2017
Revision Date(s) -
Prepared By (Title) Human Resources Director
Approved By (Title) City Manager
PURPOSE:
To provide an official policy pertaining to citywide requirements that an employee possess
both a valid Florida Driver's License and a satisfactory driving record when operating a
City vehicle.
POLICY AND PROCEDURES:
The liability of an unlicensed driver being involved in an accident while operating a City
vehicle warrants that no employee be permitted to drive a City vehicle without a valid
Florida Driver's license.
A. OBTAINING DRIVERS LICENSE VIOLATION RECORDS:
The Human Resources Department is responsible for obtaining Driver's License
Violation Records as follows:
1. The driver's license records will be reviewed as part of the employment
background check for new hires by the Human Resources Department.
2. The driver's license record will be reviewed when an employee is transferred,
promoted or advanced to a new position which requires operating a City
vehicle. This process will be conducted either:
i. Prior to selection so that the driving record is a consideration in the
selection procedure or
ii. Prior to the time the employee begins operating a City vehicle.
3. Whenever a department determines that they need a driver's license violation
record on one of their drivers or potential drivers, a written request will be sent
to the Human Resources Department. The Human Resources Department will
send a request to Tallahassee for the desired record and will inform the
department when that record is available. The decision as to whether or not a
Policy 609:1 —Valid Florida Driver's License Requirement Page 1 of 3
90
particular employee should operate City vehicles will be made by the
department and Human Resources.
4. Each department will provide a list of authorized operators upon request.
5. Employees who operate city vehicles will be responsible for providing a copy
of their driver's license upon renewal.
6. Employees are expected to adhere to any restrictions noted on their driver's
license. If any noted restriction interferes with the ability to drive a city vehicle
as needed by the city, the employee must advise Human Resources before
operating the vehicle.
7. The driver's license records of those employees operating City vehicles will be
reviewed every month or sooner, if necessary.
B. NOTIFICATION OF SUSPENDED LICENSE
Employees who operate city vehicles either on a regular or occasional basis are required
to immediately notify their supervisor when their license is expired, suspended, cancelled,
or revoked. Should an employee fail to notify their supervisor and continue to operate a
City vehicle without a valid Florida Driver's License, disciplinary action will be taken, up
to and including dismissal.
Employees who fail to immediately advise of a conviction for violation of any motor vehicle
law or ordinance for which more than three (3) points are assessed pursuant to Section
322.27, Florida Statutes, or any conviction under Sections 316.193 or 316.1931, Florida
Statutes (driving under the influence), will be subject to disciplinary action, up to and
including dismissal.
C. SUSPENDED OR REVOKED LICENSE
When an employee has a driver's license expired, suspended, revoked, or cancelled, the
City will apply the following procedures:
1. If driving is not part of the employee's job, no change in status or assignment is
necessary.
2. If the job cannot be independently performed without driving a City vehicle, the
employee, for a period not to exceed thirty (30) calendar days, shall be demoted
to a non-driving vacancy, if one exists, or permitted to use vacation/earned time
until a valid license (restricted or regular) is obtained. If after thirty (30) days the
employee has not obtained a valid license, the employee may be offered another
vacant position for which he/she is qualified which does not require using a City
vehicle. If no such position exists, the employee may be subject to dismissal.
Policy 609:1 —Valid Florida Driver's License Requirement Page 2 of 3
91
Violation of this policy will subject employees to disciplinary action up to and including
dismissal.
Policy 609:1 —Valid Florida Driver's License Requirement Page 3 of 3
92
4„NNY\(Ff
V` , ;= City of Sunny Isles Beach
Personnel Policy and Procedure
Policy Name SHORT-TERM ABSENCES
Policy Number 702:1
Effective Date 10/1/04
Revision Date(s) 4/1/05; 5/18/17
Prepared By, Title Human Resources Director
Approved By, Title City Manager
POLICY:
It is the policy of the City to permit employees to be absent from work on an authorized
short-term basis for a variety of reasons, including sickness or injury. To help employees
maintain their income during certain authorized absences, the City will provide
compensation according to the guidelines below.
PROCEDURE:
1) A short-term absence generally is any absence of two workweeks or less.
Absences that are longer than two workweeks or that are designated as Family
and Medical Leave Act (FMLA) absences should be treated under the Leaves of
Absensc FMLA Policy (704:2) to ensure that employment rights are maintained.
2) An authorized short-term absence may include any of the following (the phrase
"immediate family" for the purposes of this policy includes the employee's spouse,
brother, step-brother, sister, step-sister, father, step-father, mother, step-mother,
children, stepchildren, father-in-law, mother-in-law, sister-in-law, brother-in-law,
daughter-in-law, son-in-law, grandparents and grandparents-in-law, and any
member of the employee's household):
a. Sickness or injury resulting in the temporary disability of the employee
or a member of the employee's immediate family; fSee Family and
Medical Leave (FMLA), policy 704.21
b. Death, funeral, or estate settlement in the employee's immediate family;
c. Marriage of the employee or a member of the employee's immediate
family;
d. Urgent personal business that cannot be conducted outside of normal
working hours;
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702-1 Short Term Absences Page 1 of 4
93
e. Jury duty or testifying as a subpoenaed witness in a judicial proceeding;
f. Voting in local, state, or national elections;
g. Religious observance required by the employee's religion (See
Holidays, policy 505:1);
h. Emergency closing of the City's operations;
i. Annual military drill for Guard and Reserve members; and
j. Approved voluntary participation in community activities.
3) In order for short-term absences to be considered authorized and potentially
eligible for compensation, employees must obtain approval for the absence from
their supervisor. Employees should give their supervisor thirty days advance notice
of an anticipated absence or as much advance notice as is practicable under the
circumstances. Unauthorized absences and absences in excess of what is allowed
under this policy, except for an approved leave of absence, will be considered
abuses of this policy and are grounds for disciplinary action.
4) Full-time employees are eligible to be compensated for regular base wages lost
during certain periods of authorized absence to the extent that they have
accumulated days of paid absence, i.e. vacation, sick leave, floating holidays,
comp time, as provided under this policy. However, not all absences authorized
under this policy will be compensated.
5) Generally, regular full-time and part-time employees may be granted up to four (4)
consecutive workdays paid administrative leave, with the approval of the City
Manager, for the purpose of arranging or attending funeral services and/or
bereavement in the event of the death of an immediate family member. Death
includes miscarriages.
6) Regular part-time employees who work twenty or more hours per week are eligible
to receive compensation for short-term absences on the same basis as full-time
employees, except that their accumulated days will be accrued on a pro rata basis
that relates the average number of hours per week worked to a regular forty-hour
week. (For example, a part-time employee working twenty hours per week would
be eligible for one-half the paid time-off that a full-time employee receives.) Part-
time employees working less than twenty hours per week, temporary employees,
and intermittent employees are not eligible for compensation for short-term
absences but may take unpaid absences if approved by the City Manager, or
his/her designee.
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702-1 Short Term Absences Page 2 of 4
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7) Eligible employees generally may receive compensation for the following approved
short-term absences: sickness or injury; death, funeral, or estate settlement;
marriage; personal business; and religious observances. (See Comment (2),
above.) Employees who take approved short-term absences as a result of an
emergency City closing, to participate in community affairs, or to vote generally will
not be compensated under this Policy, unless required by law. In addition,
employees will not be paid for approved absences covered by workers'
compensation payments.
8) Short-term absences resulting from jury duty and testifying, as a subpoenaed
witness will not be charged against an employee's available days of paid absence.
Employees will be paid their regular base rate for authorized absences to serve as
a juror or subpoenaed witness pursuant to state law and county ordinances. Any
remuneration received for jury duty or testifying must be provided to the City. Proof
of jury duty or subpoena must be submitted to the Human Resources Department.
9) If the absence is due to illness or injury of the employee or a family member,written
certification from the health care provider of the ill or injured employee or family
member verifying the need for leave is required if the absence exceeds three
consecutive days and also may be required for certain shorter absences. [See
Medical Procedures, policy 208:1; and Leaves of Absence, policy 704:1 ; and
Family and Medical Leave (FMLA), policy 704:2 . Employees who falsify the
reason for an absence will be subject to disciplinary action, up to and including
termination, and compensation for the absence will be stopped immediately.
10) Employees who are unable to report for work because of arrest and incarceration
will be placed on a special unpaid personal leave of absence (in a paid status if
the employee has accrued vacation, floating holidays or comp time available). The
employee is required to notify the employee's department head within forty-eight
(48) hours of incarceration or are subject to separation from employment with the
City. If the employee is unable to secure bail, the leave of absence will continue
until final disposition of the charges. If the employee is freed on bail, the
employee's department head, the Human Resources Director and City Manager
will decide whether active employment is appropriate pending final disposition of
the charges. Notwithstanding the aforementioned, if the employee is unable to
return to work within three (3) days, the employee will be separated from
employment with the City.
11) Employees returning from a short-term absence must report to their supervisor,
and, when appropriate, certify that they are fit to return to work. The supervisor
should make a record of the employee's absence and return to work and forward
a copy to the Human Resources Department. When necessary, the supervisor
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702-1 Short Term Absences Page 3 of 4
95
should counsel the employee on the importance of good attendance and warn that
excessive absences will lead to discipline, up to and including termination.
12) Compensation during authorized absences will not be granted before days of paid
absence have been accrued. In addition, authorized days off for short-term
absences will not be considered as working time for calculating weekly overtime
compensation except as approved by the City Manager.
13) If an employee fails to return to work at the conclusion of an approved leave of
absence, including any extension of the leave, the employee may be considered
to have voluntarily terminated employment.
14) Employees who are absent from work for more than three consecutive days
without giving proper notice to the City may be considered to have voluntarily
terminated employment unless there are substantiated mitigating circumstances
that the City accepts. In the absence of acceptable mitigating circumstances, the
City will formally note the termination and advise the employee of the action by
certified mail to the employee's last known address.
FORMS
Time Off Request/Report Form (HRD)
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`O T= City of Sunny Isles Beach
Personnel Policy and Procedure
lLp
Policy Name SICK LEAVE
Policy Number 703:1
Effective Date 10/1/04
Revision Date(s) 5/18/17
Prepared By, Title Human Resources Director
Approved By, Title City Manager
POLICY:
Sick leave is a privilege granted to eligible full-time and eligible part-time employees as a
short-term income protection plan. Any abuse of this privilege may result in disciplinary
action.
PROCEDURE:
1. Sick leave will be calculated at the rate of 3.69 hours per pay period (twenty-six i26).
pay periods) for regular appointment full-time employees (typically on a forty (40) hour
workweek) for twelve (12) sick leave days/year maximum and at a prorated rate based
on number of hours worked in a workweek for those regular appointment part-time
employees working twenty (20) or more hours but less than forty (40) hours a
workweek. Sick leave will not be earned by an employee during unpaid suspension or
when the employee is otherwise in a non-pay status. As mentioned, "eligible"
employees include regular appointment full-time employees and regular appointment
part-time employees scheduled to work a minimum of twenty (20) hours per week (and
will accrue pro rata); temporary and intermittent employees are not eligible.
2. Sick leave earned will not be charged for disability leave due to job injury for which
workers' compensation benefits are paid.
3. Accrued vacation leave will be used as sick leave when all sick leave credits have
been exhausted.
4. Periods of authorized sick leave will be credited as working time in the calculation of
any other benefits provided for under these rules with the exception of overtime.
5. Sick leave shall not be used as vacation time under any circumstances.
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Policy 703:1 —Sick Leave Page 1 of 3
97
6. Employees who are on an approved leave of absence may not perform work for any
other employer during the leave, except when the leave is for military or public service
or as allowed by federal or state law. Employees found to be performing work for any
other employer shall be separated from employment with the City.
7. Sick leave request and requirements:
a. Records of sick leave used will be kept by the Human Resources Director, or
his/her designee(s), Department Heads, and Payroll on prescribed forms and will
be monitored for adherence to policies. pursuant to the procedures outlined in the
' 1 _ ,I. • -
ee
b. It is the employee's responsibility to notify his or her supervisor as far in advance
as possible of any absence. Failure to give such timely notification, without good
cause, may forfeit any claim for sick pay.
c. When an employee is absent due to illness for a period longer than three (3) days,
he or she may be required to submit medical evidence of the reason for the
absence (medical certification), upon request by his or her Department Head. If an
employee has a record of excessive one-day absences (especially those in
conjunction with scheduled time off for weekends) or on Mondays or Fridays, the
employee may be required, at the discretion of the Department Head, to submit
medical certifications for even one-day absences.
d. Medical, dental, and vision appointments will be charged to sick leave for the actual
time used in amounts not less than one (1) hour.
e. Employees who are ill and who will miss work that day are required to speak
directly with their immediate supervisor (not a support person or answering
machine) prior to the start of their work shift. If the supervisor is unavailable, the
employee should attempt to contact the next person in their chain of supervision.
If neither is available, the employee should call back later in the work shift to
contact the supervisor and/or contact the department head, or Human Resources
Director (during normal work hours). Employees are required to call in every day
thereafter if they are still sick and will continue to miss work, except in instances of
prolonged illness (more than two (2) weeks) or when a medical note has been
provided indicating the amount of time the employee will be out. The supervisor
may call the employee at home to check on their status; employees who call in
sick are expected to be either at home or at the treating physician's office.
CODING: Words stricken are deletions,words underlined are additions.
Policy 703:1 —Sick Leave Page 2 of 3
98
8. Accumulated Sick Leave:
a. Employees who are eligible to accrue sick leave may accumulate a maximum of
up to one thousand two hundred (1,200) hours. Upon termination of employment,
eligible employees will receive compensation for a percentage of unused
accumulated sick leave as follows:
Wo-Percent of unused
Employees Length of Service accumulated sick
leave to be paid out
Exempt Any 75%
Non-Exempt 20 or more years of service 75%
Non-Exempt 10 or more years of service 50%
Non-Exempt 5 or more years of service 25%
Non-Exempt 3 or more years of service 10%
b. At the end of each fiscal year, typically in September, or at separation, any banked
sick leave above the previous year's banked amount will be calculated, by the
Finance Department, at the employee's rate of pay in effect at the time the sick
leave was earned or accumulated.
c. Employees covered under a Collective Bargaining Agreement should refer to the
Collective Bargaining Agreement for additional benefits, procedures and
information relating to this policy.
CODING: Words stricken are deletions,words underlined are additions.
Policy 703:1 —Sick Leave Page 3 of 3
99
SV,iNi,J,Fj
City of Sunny Isles Beach
i;;., Personnel Policy and Procedure
F.
Policy Name WORKERS' COMPENSATION LEAVE
Policy Number 703:2 (NEW)
Effective Date 5/18/17
Revision Date(s)
Prepared By (Title) Human Resources Director
Approved By (Title) City Manager
POLICY:
It is the policy of the City of Sunny Isles Beach to ensure the availability of all reasonable
and necessary authorized medical care and payment of all related medical costs to
employees who are injured or develop an occupational disease as a result of the
conditions of their job. Additionally, employees may be entitled to receive partial
compensation for lost wages due to a qualified job-related injury or illness. This policy is
in accordance with Chapter 440 of the Florida Statues. Where provisions of this policy
conflict with a collective bargaining agreement, the collective bargaining agreement shall
prevail.
PURPOSE: This policy sets forth guidelines and procedures to safely reintegrate
employees who sustain a work-related injury or illness to full-duty.
PROCEDURES:
A. General
1. Employees who sustain an on-the-job work-related injury or illness related to work
should immediately inform their supervisor. Failure to notify the supervisor
immediately may affect benefits under the Workers' Compensation Law and may
result in discipline up to and including termination.
2. The supervisor is responsible for reporting all Workers' Compensation injuries to
the Human Resources Department within 24 hours of the injury.
3. In non-emergency situations, prior to medical attention being sought for any work-
related injury or illness, employees shall consult with the Human Resources
Department for treatment or referral to an authorized health care provider. Failure
to follow this procedure may jeopardize the employee's benefits under the
Workers' Compensation Law. This provision does not apply to life-threatening
emergencies when immediate care must be sought through "9-1-1" dispatch.
However, the Human Resources Department must be informed as soon as
possible of the injury.
Policy 703:2—Workers' Compensation Leve Page 1 of 4
100
4. The workers' compensation treating physician determines the employee's
specific work restrictions.
5. If an authorized health care provider certifies the inability of an employee to
perform work due to a work-related injury or illness, the employee must elect to
use accrued sick leave (or vacation leave once all sick leave is exhausted) for the
first seven (7) calendar days. On the eighth (8th) calendar day off work, the
employee will revert to workers' compensation indemnity benefits for partial or total
indemnity benefits under Florida Workers Compensation Law. Employees will be
paid workers' compensation indemnity benefits for the first seven (7) calendar days
only if they are disabled for more than twenty-one (21) calendar days (these days
do not have to be consecutive calendar days). If no leave is available for use by
the employee, the employee shall be placed on leave without pay and shall revert
to any applicable workers' compensation benefits.
6. While the employee is absent from work due to work restrictions, the employee is
eligible to receive workers' compensation indemnity benefits up to 66 2/3% of their
average weekly wage, subject to a maximum as set forth under Florida Statute
440.12. Indemnity benefits will be based upon the employee's average weekly
wage for the thirteen (13) week period immediately preceding the work-related
injury or illness.
7. While receiving indemnity benefits, vacation and sick leave will still be accrued.
Holiday pay is not available to an employee receiving total temporary indemnity
benefits. Holiday pay may be available to an injured employee if the Holiday falls
within the first seven (7) calendar days of the injury.
8. An employee will be allowed reasonable time, up to two (2) hours per week at the
beginning or end of a work shift, to receive authorized medical treatment during
regularly scheduled work hours for qualified job-related injuries or illnesses,
provided that the employee is not receiving workers' compensation indemnity
benefits for that time and if it does not unduly burden the operation of the
department. All other appointments will require the use of accrued sick leave or be
unpaid time off.
9. Workers' compensation may not be payable if the injury was occasioned primarily
by the intoxication of the employee; by the influence of any drugs, barbiturates, or
other stimulants not prescribed by a physician; or by the willful intention of the
employee to injure or kill himself, herself, or another.
10. If injury is caused by the knowing refusal of the employee to use a safety appliance
or observe a safety rule required by statute or lawfully adopted by the City, and
brought to the employee's attention prior to the accident, or if injury is caused by
the employee's refusal to use safety equipment provided by the City, workers'
compensation indemnity benefits may be reduced by twenty-five percent (25%)
Policy 703:2—Workers' Compensation Leve Page 2 of 4
101
and the employee will not be allowed to use accrued sick or vacation leave to
supplement workers' compensation indemnity.
11. Once maximum medical improvement (MMI) has been reached, the employee
shall be returned to their regular position unless the employee is unable to perform
an essential job function of the position. If the employee is unable to perform an
essential job function and has a qualifying condition that may substantially limits
one or more life function(s); the employee should contact Human Resources. If the
employee cannot perform the essential functions of the position after MMI and
proper certification is received for a qualifying condition under the Americans with
Disabilities Act (ADA); the City will consider all requests for reasonable
accommodations.
12. Return to Light Duty or Alternate Duty. When the City has been advised that
the employee is entitled to receive a temporary partial disability benefit or a
temporary total disability benefit, and there is medical certification that the
employee cannot perform the duties of the employee's regular position, but the
employee can perform some work beneficial to the City, the Department Director
may return the employee to light and/or alternate duty at his/her regular rate of pay
to perform any duties the employee is capable of carrying out, subject to the
following conditions:
a. Under no circumstances shall the employee be allowed to continue to
perform the alternate duties once maximum medical improvement has been
reached unless appointed to another existing and open position, the duties
of which are within the employee's restrictions.
b. Light and/or alternate duty is at the sole discretion of the City and is based
on the operational needs and requirements of the City. No alternate duty
positions will be created in the absence of an operational need or
requirement.
13. An employee has a maximum period of fifty-two (52) consecutive weeks of
workers' compensation disability leave. After the fifty-two (52) week period the
employee must return to the essential duties of the employee's position with or
without reasonable accommodation. The ability to perform the essential duties of
a position shall be determined by the City on the basis of medical information
provided by the employee's treating physician. If an employee returns to work
before the end of fifty-two (52) weeks of workers' compensation leave and
subsequently has a recurrence of the same illness/injury/disability or one of a
different nature within thirty (30) days after his/her return to work and is once again
placed on workers' compensation leave, the workers' compensation leave will
continue where it left off. (Example: An employee who returns to work after twenty
(20) weeks of workers' compensation leave and then returns to workers'
compensation leave within thirty (30) days will only have twenty-two (22) workers'
compensation leave weeks remaining to use.) The failure of an employee to return
Policy 703:2—Workers' Compensation Leve Page 3 of 4
102
to work at the expiration of the fifty-two (52) week workers' compensation leave
will subject the employee to immediate termination unless a leave of absence is
granted.
B. Employee Responsibilities
1. Employees sustaining work related injuries shall notify their supervisor, manager
and/or department director (referred to collectively as "supervisor") as soon as
possible.
2. Employees referred for medical treatment are required as a condition of continued
employment to attend scheduled appointments and follow the treatment plan as
prescribed by the City's designated workers' compensation physician(s).
3. Employees absent from work due to work restrictions are required to provide
Human Resources with a release to full duty by the workers' compensation treating
physician in order to return to full duty. This must be done prior to reporting for
work. Employees are responsible for actively interacting and communicating with
the Human Resources Department throughout the procedure
described herein.
C. Supervisor's Responsibilities
1. The supervisor receiving notice of an on the job injury shall notify the Human
Resources Department as soon as possible after the accident or injury.
2. The supervisor must accompany the employee who sustains an on-the-job injury
to a treatment facility for post-accident drug testing, and, if needed medical care.
3. Supervisors are responsible for ensuring that the injured employee arrives at the
drug testing facility and remains there until testing is complete.
Failure to follow this policy may result in discipline up to and including termination of
employment.
Policy 703:2—Workers' Compensation Leve Page 4 of 4
103
SV^1
City of Sunny Isles Beach
Fo
Personnel Policy and Procedure
or,u4
Policy Name MILITARY LEAVE
Policy Number 703:3 (NEW)
Effective Date 5/18/17
Revision Date(s)
Prepared By (Title) Human Resources Director
Approved By (Title) City Manager
PURPOSE:
The City of Sunny Isles Beach recognizes an employee's responsibility to fulfill U.S.
Military Armed Forces obligations or annual training sessions or active duty call-up and
provides this benefit to eligible employees.
ELIGIBILITY:
Eligible employees, in accordance with State and/or Federal law, are regular employees
of the City who are called for military reserve or active duty status.
DEFINITIONS:
Military Reserves: military units not routinely engaged in active duty status and identified
as National Guard, Air National Guard, Office Reserve Corp., Army Reserve, Air Force
Reserve, Marine Corp. Reserve, and Coast Guard Reserve. These units may have
annual short-term training sessions.
Active Duty Status: military reservists who receive official orders to report for active
military duty not regarded as a training session.
Long Term Military Leave: a period of time when military reservists are called to active
duty status for up to five (5) years, or as otherwise provided in State and/or Federal law
at the request and convenience of the government for active military duty in the Armed
Forces.
Short Term Military Leave: a paid period of time for military reservists up to two hundred
forty-one (241) hours annually, or such period provided by State and/or Federal law, for
the purpose of short term military training sessions.
State and/or Federal Law: refers to provisions of Chapter 115, Florida Statutes and/or
The Uniformed Services Employment and Reemployment Rights Act (USERRA), as
amended from time to time.
Policy 703:3—Military Leave Page 1 of 3
104
Supplemental Pay: an amount necessary to bring the employee's total salary, inclusive
of the military pay, to the total salary earned at the time the employee was called to active
military duty.
Armed Forces Physical Examination: a medical/physical examination required by the
military.
POLICY:
All actions relative to Military Leave are governed by the provisions of State and/or
Federal law.
Short Term Military Leave
1. An eligible employee receiving official orders to report for reserve duty may receive
their normal pay and normal accruals for that period of duty, known as Short Term
Military Leave, not to exceed two hundred forty (240) hours annually, or such
period provided by State and/or Federal law. Employee shall also be entitled to
retain their health insurance and other existing benefits while on leave.
2. Upon completion of the Short Term Military Leave, the employee must submit a
written statement from their Commanding Officer attesting to their satisfactory
performance to their Department Director.
3. Employees called for a Selective Service Physical shall be entitled to time off with
pay. To earn this leave, the employee must present a copy of Military Leave notice
to the Department Director and the Director of Human Resources prior to taking
the required physical.
Long Term Military Leave
1. An eligible employee who is an active or inactive military reservist receiving official
orders to report for active duty shall receive full pay for the first thirty (30) days and
thereafter may receive supplemental pay for period of active duty, known as Long
Term Military Leave. Copies of the military pay received must be submitted
periodically. Employee shall also be entitled to retain their health insurance and
other existing benefits while on leave.
2. Upon completion of the Long Term Military Leave, the employee will be eligible to
return to the former position held or a similarly comparable position with no loss in
seniority, pay rate or benefits in accordance with State and/or Federal law. The
period in which the employee must return to work is based on time spent on military
duty as outlined by The Uniformed Services Employment and Reemployment
Rights Act (USERRA). Proof of Honorable Discharge shall be submitted to the
Department Director and the Director of Human Resources. The employee must
Policy 703:3—Military Leave Page 2 of 3
105
be physically and mentally capable of satisfactory performance of job duties
assigned in the formally held position. An equivalent position may be offered if the
former position no longer exists. A medical examination may be required at the
discretion of the Director of Human Resources.
3. Any employee on Long Term Military Leave who is discharged with less than an
Honorable Discharge shall not be eligible for further supplemental pay or other
benefits provided to employees. Such instances shall be considered as the
employee having resigned without notice and shall only be eligible for mandated
provisions of State and/or Federal law.
4. Employees on Long Term Military Leave with dependent health coverage can
continue medical coverage for dependents through payroll deductions during the
active duty period.
5. When the employee returns to work in accordance with these provisions, benefits
will be in accordance with State and/or Federal law.
6. Accruals for sick leave, annual leave or floating holidays shall occur during a Long
Term Military Leave. The period of Military Leave shall not be considered as a
break in service, but shall be considered a leave of absence.
7. During Long Term Military Leave, contributions and service credits for any
retirement plan shall be in accordance with State and/or Federal law.
8. Employees on Long Term Military Leave shall remain at their current dollar value
of their current pay during Military Leave. For future earnings, the employee's
current pay will be adjusted to the new minimum pay for their position, if necessary,
upon the employee's return to work. New minimum pays may have been
established during Long Term Military Leave.
9. Probationary statuses shall remain in effect until the employee completes and
successfully passes any such status after Long Term Military Leave.
10.Job anniversary dates shall not be effected by any Long Term Military Leave.
11.Depending upon the period of service, employee shall report to work or submit an
application for reemployment in accordance with State and/or Federal law.
Policy 703:3—Military Leave Page 3 of 3
106
S`„Nv ItFt
City of Sunny Isles Beach
Personnel Policy and Procedure
:;oma
Policy Name LEAVES OF ABSENCE
Policy Number 704:1
Effective Date 10/1/04
Revision Date(s) 5/21/15; 5/17/18
Prepared By, Title Human Resources Director
Approved By, Title City Manager
POLICY:
It is the policy of the City to grant employees extended leaves of absence under certain
circumstances. Except as stated below, employees will not receive compensation during
a leave of absence. (For policy statements regarding absences of short duration, see
Attendance and Punctuality, policy 701:1; and Short-Term Absences, policy 702:1)
PROCEDURE:
1. The City will comply with the provisions of the federal Family and Medical Leave
Act ("FMLA"). jSee Family and Medical Leave (FMLA), policy 704:21
2. Employees generally are eligible for leaves of absence if they have completed at
least one year of service, or as specified by law. [See Family and Medical Leave
(FMLA), policy 704:21. The granting and duration of each leave of absence and the
compensation received by the employee, if any, during the leave of absence will
be determined by the City in conjunction with applicable federal and state law. The
following types of leaves will be considered:
a. Medical Leave of Absence— (FMLA Qualifying Leave): Employees who are
unable to work because of a non-job related serious health condition,
disability, or injury may be granted a paid, or unpaid (if the employee has
no accrued time), medical leave of absence (which will be in conjunction
with the FMLA provided the condition falls within the parameters of the
FMLA.) This type of leave covers disabilities caused by pregnancy,
childbirth, or other related medical conditions. The City requires certification
of an employee's need for medical leave, both before the leave begins and
on a periodic basis thereafter, by the employee's health care provider.
b. Medical Leave of Absence — (Non-FMLA Medical Leave): Employees who
do not meet the eligibility requirements of family and medical leave may
request Non-FMLA medical leave. This leave is only available for the
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Policy 704:1 —Leaves of Absence Page 1 of 5
107
employee to tend to his or her own serious medical condition. The City
requires certification of an employee's need for medical leave, both before
the leave begins and on a periodic basis thereafter, by the employee's
health care provider.
c. Parental Leave of Absence: Female employees, when not disabled by
a parental leave of absence (under the FMLA) to care for the employee's
for adoption or foster care.
d. Family Care Leave of Absence: Employees may be granted a family care
leave of absence for the purpose of caring for the employee's child, spouse,
parent, or grandparent who has a serious health condition (under the
FMLA), or if the condition is not considered a serious health condition
pursuant to the FMLA, up to five days of accrued sick leave per year (not
per incident) may be used in one (1) hour blocks of time (medical
certification may be required). Under the FMLA, the City requires
certification of the family member's serious health condition, both before the
leave begins and on a periodic basis thereafter, by the family member's
health care provider. JSee Family and Medical Leave (FMLA), policy 704:21
e. Personal Leave of Absence: Employees may be granted an unpaid leave
of absence to attend to personal matters in cases in which the City
determines that an extended period of time away from the job will be in the
best interest of the employee and the City and approved by the City
Manager. In certain circumstances, the City Manager may authorize paid
leave provided the employee has accrued time available, i.e., vacation.
Employees will not accrue vacation time, sick leave, seniority or length of
service during this time.
f. Military Caregiver Leave also known as Covered Servicemember Leave:
Military caregiver leave allows an eligible employee who is the spouse, son,
daughter, parent, or next of kin of a covered servicemember with a serious
injury or illness to take up to a total of 26 workweeks of unpaid leave during
a "single 12-month period" to provide care for the servicemember. [See
Family and Medical Leave (FMLA), policy 704:21.
Qualifying Exigency Leave: The FMLA provides up to 12 weeks of job-
protected leave for a qualifying exigency. An eligible employee may take
qualifying exigency leave when the employee's spouse, son, daughter, or
parent who is a member of the Armed Forces (including the National Guard
and Reserves) is on covered active duty or has been notified of an
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Policy 704:1 —Leaves of Absence Page 2 of 5
108
impending call or order to covered active duty. [See Family and Medical
Leave (FMLA), policy 704:21.
g. Military Leave of Absence: A military leave of absence will be granted if an
employee is absent in order to serve in the uniformed services of the United
States for a period of up to five years (not including certain involuntary
extensions of service) pursuant with the requirements of the Uniformed
Services Employment and Reemployment Rights Act of 1994 (USERRA)
and Florida laws under Title X, Ch. 115 regarding military leave. An
employee is eligible for military leave beginning the first day of employment.
Employees who perform and return from service in the Armed Forces, the
Military Reserves, the National Guard, or certain Public Health Service
positions will retain certain rights with respect to reinstatement, seniority,
layoff, compensation, length of service promotions, and length of service
pay increases, as required by applicable federal or state law. [See Military
Leave, policy 703:3].
During participation in annual encampment or training duty in the U.S.
Military Reserves or the National Guard, the employee may be eligible to
straight time pay with eligible benefits for the first thirty (30) days of
arns from the government for military service and what the employee
would have earned from normal straight time pay on the job (provided it is
more) with paid eligible benefits for up to one (1) year. Continuation of pay
state or national emergency will be handled on a case by case basis and
h. Leaves of absence approvals are subject to the operational needs of the
Department.
3. Requests for a leave of absence or any extension of a leave ordinarily should be
submitted in writing to the employee's department head at least thirty (30) days
before the start of the leave or extension period. When the need for leave or an
extension is not foreseeable, employees should give as much notice as is possible.
The department head will forward the request through the Human Resources
Director, recommending approval or denial. The final decision concerning the
request will be made by the City Manager. All employees on approved leave are
expected to report to the department head or the Human Resources Director any
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Policy 704:1 —Leaves of Absence Page 3 of 5
109
change of status in their need for a leave or in their intention to return to work, and
must report their status on a weekly basis.
4. Employees who are on an approved leave of absence may not perform work for
any other employer during the leave, except when the leave is for military or public
service or as allowed by federal or state law. Employees found to be performing
work for any other employer shall be disciplined, including but not limited to
termination.
5. Every employee on a medical leave or family care leave of absence will be required
to use all accrued personal, vacation, and sick days while on the leave. However,
employees may not use paid leave, if they are receiving compensation under the
City's workers' compensation insurance programs. Every employee on a parental,
personal or extended public service leave of absence will be required to use all
accrued personal and vacation days while on leave.
6. The City will provide health insurance and other benefits to employees on leave as
required by law. Benefits that accrue (such as paid vacation, and sick leave) do
not accrue during periods of unpaid leave unless otherwise specifically provided
by the terms of the benefit plan document or policy.
7. Employees returning from a leave of absence will be reinstated to their same job
or to an equivalent job with equivalent status and pay, as required by law.
Employees returning from a medical leave must provide certification of their ability
to perform the functions of their job. Employees returning from a military leave also
must comply with all of the reinstatement requirements specified by federal law. If
the same job or one of equivalent status and pay is not available as a result of a
reduction in force, the employee will be treated in the same manner as though
he/she had been actively employed at the time of the reduction of force.
8. Employees who are unable to report for work because of arrest and incarceration
will be placed on a special personal leave of absence (in a paid status if the
employee has accrued vacation, floating holidays or comp time available). The
employee is required to notify the employee's department head within forty-eight
(48) hours of incarceration or are subject to discipline, including but not limited to
termination. If the employee is unable to secure bail, the leave of absence will
continue until final disposition of the charges. If the employee is freed on bail, the
employee's department head, the Human Resources Director and City Manager
will decide whether active employment is appropriate pending final disposition of
the charges. Notwithstanding the aforementioned, if the employee is unable to
return to work within three (3) days, the employee shall be deemed to abandon
his/her employment and termination is automatic.
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Policy 704:1 —Leaves of Absence Page 4 of 5
110
9. If an employee fails to return to work at the conclusion of an approved leave of
absence, including any extension of the leave, the employee may be considered
to have voluntarily terminated employment.
10. Employees who are absent from work for more than three consecutive days
without giving proper notice to the City may be considered to have voluntarily
terminated employment unless there are substantiated mitigating circumstances
that the City accepts. In the absence of acceptable mitigating circumstances, the
City will formally note the termination and advise the employee of the action by
certified mail to the employee's last known address.
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Policy 704:1 —Leaves of Absence Page 5 of 5
111
SNNi\`fi
S(Q. City of Sunny Isles Beach
Personnel Policy and Procedure
Policy Name FAMILY AND MEDICAL LEAVE (FMLA) (NEW)
Policy Number 704:2
Effective Date 5/18/17
Revision Date(s)
Prepared By, Title Human Resources Director
Approved By, Title City Manager
PURPOSE:
To establish a procedure for the review and approval of the use of leave pursuant to the
provisions of the Family and Medical Leave Act of 1993 (FMLA) and the National Defense
Authorization Act of 2010. This policy is consistent with the federal act and shall be
interpreted accordingly.
POLICY:
It is the City's intent to provide leave to eligible employees in compliance with the Family
and Medical Leave Act of 1993 (FMLA) and the National Defense Authorization Act of
2010. The following provisions summarize the requirements of the FMLA and the National
Defense Authorization Act of 2010 as they apply to City employees. Changes in the
Family and Medical Leave Act of 1993 (FMLA) or the National Defense Authorization Act
of 2010 will result in changes to these provisions. In the event of any inadvertent conflict
between this policy and the requirements of Family and Medical Leave Act of 1993
(FMLA) or the National Defense Authorization Act of 2010, the requirements of Family
and Medical Leave Act of 1993 (FMLA) or the National Defense Authorization Act of 2010
will apply.
ELIGIBILITY:
1. Full time employees who have been employed for at least 12 months and have
worked at least 1,250 hours during the previous 12-month period before the date
the absence begins.
2. Part-time employees or temporary employees who have been employed for at
least 12 months and have worked at least 1,250 hours during the previous 12-
month period.
704:2 FMLA Page 1 of 19
112
3. Eligible employees with an immediate family member or next of kin recovering from
a serious illness or injury sustain in the line of active duty can qualify for up to 26
weeks of leave in a 12-month period.
DEFINITION/APPLICATION:
1. Spouse means a husband or wife as defined or recognized in the state where the
individual was married and includes individuals in a same-sex marriage or common
law marriage.
2. Registered Domestic Partner means one of two adults who are parties to a valid
domestic relationship as established pursuant to section 11A-72 of the Miami-
Dade County Code.
3. Parent means a biological, adoptive, step or foster parent or an individual who
stands or stood in loco parentis to an employee when the employee was a child.
Parent for FMLA purposes does not include in-laws.
4. Grandparent means a biological, adoptive, or step grandparent for whom the
employee has assumed primary financial responsibility.
5. Child means a biological, adopted or foster child, a stepchild, a legal ward, or a
child of a person standing in loco parentis. For purposes of FMLA taken for
adoption of a child or to care for a child with a serious health condition, the child
must be under age 18 or age 18 or older and incapable of self-care because of a
mental or physical disability. For purposes of FMLA taken to care for a covered
servicemember with a serious injury or illness, or because of a qualifying exigency,
the child may be of any age.
6. Incapable of self-care means that the individual requires active assistance
or supervision to provide daily self-care in several of the activities of daily living
(e.g., grooming and hygiene, bathing, dressing, eating, cooking, cleaning,
shopping, taking public transportation, paying bills, maintaining residence, using
telephones and directories, using a post office, etc.)
7. Foster care means twenty-four (24)-hour care for children in substitution for,
and away from, their parents or legal guardians. Such placement with the family
for the child's care is made by or with the agreement of the state.
8. Physical or mental disability means a physical or mental impairment that
substantially limits one or more of the major life activities of an individual.
9. In Loco Parentis refers to a person who has put himself in the situation of a
lawful parent by assuming the obligations incident to a parental relationship
without going through the formalities of legal adoption. It includes assuming
parental status and discharging parental duties such as individuals with day-to-
704:2 FMLA Page 2 of 19
113
day responsibilities to care for and financially support a child either now as an
employee, or who had such responsibility when the employee was a child. A
biological or legal relationship is not necessary.
10.Next of kin means the nearest blood relative other than the covered service
member's spouse, parent or child. A covered servicemember may designate a
blood relative as next of kin.
11.Serious Injury or illness means, under Military Caregiver leave, that which
may render the servicemember medically unfit to perform duties of his/her
office, grade, rank or rating.
12.Serious health condition means an illness, injury, impairment or physical or
mental condition that involves:
a. Inpatient care (i.e., an overnight stay) in a hospital, hospice or residential
medical care facility, including any period of incapacity (for purposes of this
section defined to mean inability to work, attend school or perform other
regular daily activities due to the serious health condition, treatment for or
recovery from), or any subsequent treatment in connection with such
inpatient care; or
b. Continuing treatment by a health care provider.
13.Continuing treatment by a health care provider means one or more of
the following:
a. A period of incapacity (i.e., inability to work, attend school or perform other
regular daily activities due to the serious health condition, treatment for or
recovery from) of more than three (3) consecutive calendar days, and any
subsequent treatment or period of incapacity relating to the same condition,
that also involves:
b. Treatment two (2) or more times by a licensed health care provider, by
a nurse or physician's assistant under supervision of a another health
care provider, or by a provider of auxiliary health care services (e.g.,
physical therapist) pursuant to orders or referral by a licensed health care
provider; or
c. Treatment by a licensed health care provider on at least one occasion
which results in a regimen of continuing treatment under his or her
supervision.
d. Any period of incapacity due to pregnancy or prenatal care.
e. Any period of incapacity or treatment for such incapacity due to a chronic
serious health condition. A chronic serious health condition is one which:
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f. Requires periodic visits for treatment by a licensed health care provider or
by a nurse or physician's assistant under his or her supervision;
g. Continues over an extended period of time including recurring episodes
of a single underlying condition; and
h. Causes episodic rather than permanent incapacity (e.g., asthma,
diabetes, epilepsy, etc.)
i. A period of incapacity, which is permanent or long-term due to a condition
for which treatment may be effective. The employee or family member
must be under the continuing supervision of, but need not be receiving
active treatment by, a health care provider. Examples include
Alzheimer's, a severe stroke or the terminal stages of a disease.
j. Any period of absence to receive multiple treatments (including any
period of recovery) by a licensed health care provider or pursuant to
orders or referral from another licensed health care provider, either for
restorative surgery after an accident or other injury, or for a condition
that would likely result in a period of incapacity of more than three
consecutive calendar days in the absence of medical intervention or
treatment such as cancer (chemotherapy, radiation, etc.), severe arthritis
(physical therapy), and kidney disease (dialysis).
14. Licensed health care provider means:
a. A doctor of medicine or osteopathy authorized to practice medicine or
surgery by the state in which the doctor practices,
b. A podiatrist, dentist, clinical psychologist, optometrist, or chiropractor (with
limitations) authorized to practice in the state and performing within the
scope of his or her practice;
c. A nurse practitioner, nurse-midwife, clinical social worker, or physician
assistant authorized to practice in the state and performing within the scope
of his or her practice;
d. A Christian Science practitioner listed with the First Church of Christ,
Scientist, in Boston, Massachusetts; or
e. Any health care provider from whom the employer or the employer's group
health plan's benefits manager will accept a medical certification to
substantiate a claim for benefits.
15.Equivalent position means a position with the same pay, benefits and working
conditions, including privileges, perquisites and status, which involves the
same or substantially similar duties and responsibilities, and entails equivalent
skill, effort, responsibility and authority. The equivalent position must be at the
same work site or at a geographically proximate site, and must be at the
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same shift or equivalent schedule. Equivalent position does not extend to
perceived loss of or potentially diminished opportunities for promotion.
16.Intermittent leave means time off from work taken in separate periods of time
due to a single illness or injury, rather than for one continuous period of time and
may include leave of periods from an hour or more to several weeks. Examples
of intermittent leave would include leave taken on an occasional basis for
medical appointments, or leave taken several days at a time spread over a
period of six months, such as for chemotherapy.
17.Reduced leave schedule means a leave schedule that reduces the usual number
of hours per workweek or hours per workday of an employee.
18.Qualifying exigency is a non-medical activity that is directly related to the covered
military member's active duty or call to active duty status. It helps families of
members of the National Guard and Reserves manage their life affairs while
the member is on active duty in support of a contingency operation.
19.Covered Servicemember or Military caregiver leave allows eligible employees
who are family members of covered service members to take up to twenty-six
(26) workweeks of leave in a "single 12-month period" to care for a covered
service member with a serious illness or injury incurred in the line of duty on active
duty.
20. "12-Month Period" means a rolling 12-month period measured backward from
the date leave is taken.
21."12-Month Servicemember Period"means a single 12-month period measured
forward from the first day Servicemember Family Leave is taken.
LEAVE ENTITLEMENTS:
Family Medical Leave
1. Eligible employees will be granted up to 12 weeks of Family Medical Leave for
the following reasons:
a. For the birth of an employee's child (including incapacity due to
pregnancy ore pre-natal care) or to care for the newborn child;
b. For the placement of a child with the employee for adoption or state
approved foster care;
c. Because of a serious health condition that makes the employee unable
to perform the functions of the employee's job; and
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d. To care for the employee's spouse, child, registered domestic partner
or parent with a serious health condition;
e. To care for the employee's grandparent with a serious health condition
for whom the employee has assumed primary financial responsibility.
f. For Military Caregiver to care for a covered servicemember with a
serious injury or illness occurred in the line of duty who is the
employee's child, spouse, parent, or next of kin.
g. For qualifying exigencies related to the foreign deployment of a military
member who is the employee's spouse, child, or parent.
2. The right to take family medical leave for the birth of a child or the placement
of a child for adoption applies equally to male and female employees. A mother
can also take FMLA leave for prenatal care, incapacity related to pregnancy,
and for her own serious health condition following the birth of a child. A father
can also use FMLA leave to care for his spouse who is incapacitated due to
pregnancy or child birth.
3. Family medical leave may commence prior to the birth or adoption of a child.
a. An expectant mother may take family medical leave before the birth of
the child for prenatal care if her condition makes her unable to work.
b. An employee can take family medical leave before the placement or
adoption of the child if absence from work is required for the placement
for adoption or foster care to proceed, such as for counseling sessions,
to appear in court, consult with attorney or doctor representing birth
parent, etc.
4. An employee's entitlement to family medical leave for the birth of a child or
placement of a child for adoption or foster care expires at the end of the 12-
month period beginning on the date of the birth or placement. Any such FMLA
leave must be concluded within this one-year period.
5. An employee may be permitted to take intermittent leave or leave on a reduced
leave schedule:
a. When medically necessary to care for a sick family member or for the
employee's own serious health condition, an employee shall be granted
intermittent leave or a reduced leave schedule:
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b. An employee may take intermittent leave or a go on a reduced leave
schedule for the birth or placement of a child at the department director's
discretion.
6. A husband and wife who are both employed by the City and are eligible
for family medical leave are permitted to take only a combined total of twelve
(12) weeks of leave during any twelve (12)-month period if the leave is taken:
a. For birth of a son or daughter or to care for the child after birth;
b. For placement of a son or daughter for adoption or foster care, or to
care of the child after placement; or
c. To care for a parent (but not a parent-in-law) with a serious health
condition.
d. To care for a grandparent with a serious health condition.
e. Where the husband and wife both use a portion of the total twelve week
period of family medical leave for one of the purposes above, the
husband and wife would each be entitled to the difference between
the amount he or she has taken individually and twelve weeks of family
medical leave (or 26 weeks for Military Caregiver leave) for a purpose
other than those listed above in this section.
7. An employee's workers' compensation absence may be due to an on-the-job
injury or illness that also qualifies as a serious health condition under the
FMLA. In this scenario, the workers' compensation absence and FMLA leave
will run concurrently.
Military Caregiver Leave also known as Covered Servicemember Leave
1. Military caregiver leave allows an eligible employee who is the spouse, son,
daughter, parent, or next of kin of a covered servicemember with a serious
injury or illness to take up to a total of 26 workweeks of unpaid leave during a
"single 12-month period" to provide care for the servicemember.
2. The "single 12-month period" begins on the first day that the employee takes
military caregiver leave and is measured forward from that date, regardless of
the calendar method otherwise used by the City to determine the employee's
leave period for other FMLA qualifying reasons.
3. A covered servicemember is either:
a. A current member of the Armed Forces, including a member of the U. S.
National Guard or Reserves, who is undergoing medical treatment,
•
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recuperation, or therapy, is otherwise in outpatient status, or is otherwise
on the temporary disability retired list, for a serious injury or illness; or
b. A veteran who is undergoing medical treatment, recuperation, or therapy
for a serious injury or illness, and who was discharged within the
previous five years before the employee takes military caregiver leave
to care for the veteran.
4. A serious injury or illness of a veteran must be either:
a. A continuation of a serious injury or illness that was incurred or
aggravated when the covered veteran was a member of the Armed
Forces and rendered the servicemember unable to perform the duties
of the servicemember's office, grade, rank, or rating; or
b. A physical or mental condition for which the veteran has received a •
United States Department of Veterans Affairs Service Related Disability
Rating (VASRD) of 50% or more and the need for care is related to that
condition, or
c. A physical or mental condition because of a disability or disabilities
related to military service that substantially impairs the veteran's ability
to work, or would do so absent treatment; or
d. An injury for which the veteran is enrolled in the Department of Veterans'
Affairs Program of Comprehensive Assistance for Family Caregivers.
5. To take military caregiver leave, the eligible employee must be the spouse,
parent, son or daughter, or next of kin of the covered servicemember. For
purposes of military caregiver leave, a son or daughter refers to the
servicemember's son or daughter of any age.
6. The employee is required to provide medical certification by an authorized
military-related health care provider such as Department of Defense,
Veterans' Administration, or Tricare. No second opinion or recertification is
required under this leave.
7. During any single 12-month period, an employee's maximum leave entitlement
under the Military Caregiver provision is limited to no more than 26 weeks for
all qualifying reasons, and no more than 12 weeks may be taken for leave for
other reasons unrelated to military caregiver. If not all 26 weeks of leave are
taken during this 12-month period, the unused portion is forfeited, and does
not carry forward to the next 12-month period. However, after the 12-month
period expires, the employee would be eligible to care for the same covered
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servicemember for subsequent injury or illness or for a different covered
servicemember.
8. In the event that both military caregiver leave and serious health condition of
a family member apply, the leave should be designated only as Military
Caregiver Leave.
9. Under the Military Caregiver Leave, there is no age limitation if the leave is to
care for a son or daughter.
Qualifying Exigency Leave
1. Family Medical Leave provides up to 12 weeks of job-protected leave for a
qualifying exigency. An eligible employee may take qualifying exigency leave
when the employee's spouse, son, daughter, or parent who is a member of
the Armed Forces (including the National Guard and Reserves) is on covered
active duty or has been notified of an impending call or order to covered active
duty.
2. A "qualifying exigency" may include:
a. Short notice deployment - (7 days' notice or less)
b. Attending military events and related activities in connection with
active duty or call to active duty
c. Arranging for alternative childcare or schooling or providing urgent,
temporary childcare
d. Addressing certain financial and legal arrangements (execute power
of attorney, modify bank account signature authority, to act as
military member's representative)
e. Attending counseling sessions
f. Spending time with a military member who is on temporary rest and
recuperation leave (up to five days)
g. Attending post deployment activities and re-integration briefings
h. Additional related activities agreed to by the employer and employee
3. In order for the employee to take qualifying exigency leave, the military
member must be on covered active duty, under a call to covered active duty
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status, or have been notified of an impending call or order to covered active
duty.
4. For members of the Regular Armed Forces, covered active duty is duty
during the deployment of the member with the Armed Forces to a foreign
country.
5. For members of the Reserve components of the Armed Forces (members
of the U. S. National Guard and Reserves), covered active duty is duty during
the deployment of the member with the Armed Forces to a foreign country
under a call or order to active duty in support of a contingency operation.
6. Deployment to a foreign country means deployment to areas outside of the
United States, the District of Columbia, or any territory or possession of the
United States. It also includes deployment to international waters.
PROCEDURES:
Required Notice
1. Employees seeking family medical leave must provide their department
directors at least thirty (30) days advanced notice before the leave is to
begin if the need for the leave is foreseeable based on an expected birth,
placement for adoption or foster care, or planned medical treatment for a
serious health condition of the employee or of a family member.
2. If thirty (30) days notice is not practicable, notice must be given as soon as
practicable.
3. An employee shall provide at least verbal notice sufficient to make the
department director aware that the employee needs family medical leave
and the anticipated timing and duration of the leave.
4. When medical emergencies are involved, notice may be given in person or
by phone, and may be given by the employee's spouse or other family
member if the employee is unable to do so due to a serious health condition.
Written notice cannot be required in the case of a medical emergency.
5. The employee need not expressly assert rights under family medical leave
or even mention FMLA, but may state only that leave is needed for the
expected reason. Once it is determined that the condition or reason qualifies
for family medical leave, Human Resources will notify the employee within
five (5) business days (absent extenuating circumstances) that the leave is
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designated family medical leave and counts toward his or her twelve (12)
week allocation.
6. Employees seeking family medical leave should complete the Request for
FMLA form and submit it to the Human Resources Department, via their
chain of command, stating the reason for the request and the beginning and
ending dates of the requested leaves of absence. However, failure by an
employee to provide this written notice shall not result in the department
director denying the time off if the employee gives timely verbal or other
notice.
7. When planning medical treatment, the employees should consult with the
department directors and make reasonable efforts to schedule the leave so
as not to disrupt unduly the department's operations, subject to the approval
of the health care provider.
8. If an employee fails to give thirty (30) days notice for foreseeable leave with
no reasonable excuse for the delay, the City may deny granting family
medical leave benefits until at least thirty (30) days after the date the
employee provides notice of the need. However, it must be clear that the
employee had actual notice of the family medical leave requirements (by
posting of a notice at the worksite), and the need for leave clearly
foreseeable thirty (30) days in advance of the requested commencement
day.
Certification of Health Care Provider
1. Human Resources may require that the employee's request for leave due
to the employee's own serious health condition or leave to care for a
seriously ill family member be supported by a certification issued by the
health care provider of the employee or of the employee's ill family member.
Such certification may be provided by having the health care provider
complete either the Certification of Health Care Provider for Employee's
Serious Health Condition, or the Certification of Health Care Provider for
Family Member's Serious Health Condition within fifteen (15) days after the
department director's request, unless it is not practicable under the
particular circumstances to do so despite the employee's diligent, good faith
efforts. The employee is responsible for any costs associated in obtaining
the initial certification. At the time the Human Resources Department
requests medical certification, the employee will also be advised of the
anticipated consequences of the employee's failure to provide adequate
certification.
2. The Human Resources Department shall advise the employee if the
certification provided is deemed insufficient or incomplete. The employee
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will have seven calendar days to correct any deficiency in the certification.
If it is not practicable under the particular circumstances for the employee
to cure any deficiency in the seven-day period despite the employee's
diligent good faith efforts, the City may provide additional time.
3. If an employee fails to provide a complete and sufficient certification despite
the opportunity to cure the deficiency, the City may deny the employee's
request for FMLA leave.
4. If the employee or employee's family member is visiting another country, or
a family member resides in another country, the City will accept a medical
certification, including second and third opinions, from a health care
provider who is authorized to practice in that country and is performing
within the scope of his or her practice. If a certification by a foreign health
care provider is not in English, the employee must provide a written
translation at the employee's expense.
Certification for Covered Servicemember (Military Caregiver Leave)
1. Leave to care for a covered servicemember with a serious injury or illness
must be supported by a certification completed by a Department of Defense
(DOD), Veterans Affairs (VA), or TRICARE health care provider, or by a
private health care provider or an Invitational Travel Order (ITO) or
Invitational Travel Authorization (ITA).
2. The Human Resources Department is permitted to obtain the name and
contact information of the health care provider, the type of medical practice,
and whether the provider is "authorized."
3. Information may also be obtained on whether the injury occurred in the line
of duty, when it occurred, its probable duration, and other information
sufficient to determine need for care, and the amount of time the
servicemember will require care.
4. The Human Resources Department may also request information from the
employee on the relationship between the employee and the
servicemember, the covered servicemember's military branch, and
information concerning the covered servicemember's condition and care.
Certification of Qualifying Exigency for Military Family Leave
1. When an eligible employee requests qualifying exigency leave, the City
shall request the following information and documentation:
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a. A copy of the military member's active duty orders (or other official
documentation issued by the military) which indicates the military
member is on covered active duty or call to covered active duty
status, which need be provided only once per deployment; A
statement or description of the appropriate facts regarding the
qualifying exigency,
b. The approximate date on which the leave began (or will begin), and
how long and/or how often leave will be needed; and
c. The contact information for any meeting with a third party and a brief
description of the purpose of the meeting.
2. Recertification under Qualifying Exigency Leave is not required; therefore,
the employee only has to provide this information once. A copy of new
active duty orders or other military-issued documentation must be provided
if the need for a leave arises out of a different active duty or call to active
duty status.
Authenticating or Clarifying a Medical Certification
1. The Human Resources Department may contact the healthcare provider to
authenticate the certification (i.e. confirm that its contents were completed
and/or authorized by the healthcare provider) or, with the employee's
consent, to clarify the certification (i.e. get an understanding of the
handwriting or a response on the form). Contact will be made only for the
purpose of authentication and/or clarification after the employee has been
given the opportunity to cure any deficiencies.
2. Under no circumstances may the employee's direct supervisor contact the
employee's health care provider. A human resources professional, a leave
administrator, or a management official must make the contact.
3. The requirements of the Health Insurance Portability and Accountability Act
(HIPAA) Privacy Rule govern the privacy of individually-identifiable health
information created or held by HIPAA-covered entities. Therefore, HIPAA
requirements must be satisfied for a HIPAA-covered entity to share an
employee's or an employee's family member's individually-identifiable
health information with the City. HIPAA requires, among other things, a
written authorization by the employee (or the employee's family member)
in order to release information for clarification purposes.
4. An employee may choose to authorize his or her health care provider to
provide clarification directly to the City; however, the employee may not be
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required to do so. If the employee chooses not to provide such authorization
and does not otherwise clarify the certification, the City may deny the FMLA
leave request if the certification is unclear. It is the employee's responsibility
to provide the City with a complete and sufficient certification and to clarify
the certification if necessary.
Second and Third Opinions
1. If the City has received a complete and sufficient certification but has a
reason to doubt that it is valid, the City may require the employee to obtain
a second opinion at the City's expense. The City can choose the health
care provider to provide the second opinion.
2. If the first and second opinions reach different conclusions, the City may
require a third opinion at the City expense. The third health care provider
must be approved by both the City and the employee. The opinion of the
third health care provider is final.
3. While waiting for the second (or third) opinion, the employee is provisionally
entitled to FMLA leave, including the right to maintain his or her group
health benefits. If the certifications do not ultimately establish that the
employee is entitled to FMLA leave, the leave is not considered FMLA leave
and may be treated as paid or unpaid leave under the City's leave policy.
4. If the employee requests it, the City will provide copies of second or third
opinions within five business days absent extenuating circumstances.
5. If a second or third opinion health care provider requests information
relevant to the serious health condition at issue from the employee's or his
or her family member's health care provider, and the employee or their
family member does not authorize their health care provider to release such
information, the FMLA leave may be denied.
Recertification
1. The Human Resources Department may exercise the option of requesting
a new medical certification or recertification in accordance with the following
guideline:
a. A new certification may be requested every 30 or more days.
b. Recertification may be requested in less than 30 days if: (1) the
employee requests an extension of leave, or (2) the circumstances
described in the previous certification have changed significantly, or
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(3) the department receives information that casts doubt upon the
employee's stated reason for the absence or the continuing validity
of the certification.
c. For medical conditions certified as expecting to last longer than 30
days, the department director must wait until the specified period has
passed prior to requesting a new certification.
d. In all cases, the Human Resources Department may request
recertification every six months.
e. For medical conditions that last longer than one year a new medical
certification may be requested each leave year.
2. Employees must be allowed at least fifteen (15) days within which to provide
a re-certification. New medical certifications are subject to the same
authentication and clarification procedures as the initial medical
certification.
Intermittent Leave or Reduced Leave Schedule
1. An employee may take leave intermittently (a few days or a few hours at a
time) or on a reduced leave schedule. The employee may be required to
transfer temporarily to a position with equivalent pay and benefits that better
accommodates recurring periods of leave. An employee may not take
intermittent leave following the birth or placement of a child except at the
discretion of the City.
2. When requesting intermittent leave or leave on a reduce leave schedule
which is medically necessary, an employee shall advise the department
director when making the request of the reasons why the intermittent/
reduced leave schedule is necessary and of the treatment schedule, if
applicable. The employee and department director shall attempt to work out
a schedule that meets the employee's needs without unduly disrupting the
department's operations, subject to the approval of the health care provider.
3. The number of hours of time off in the twelve (12)-week period of family
medical leave shall be based on the number of hours in the employee's
regular work schedule. For part-time employees and those who work
variable hours, regular work schedule is based on the average bi-weekly
hours worked during the twelve (12) week period prior to the start of the
family medical leave.
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Designation Notice
1. Once it has been determined that that the employee's requested leave
qualifies as FMLA leave, the City will provide the employee with a written
Designation Notice within no more than five business days, absent
extenuating circumstances. Such notice shall include, as appropriate:
a. that the leave will be counted against the employee's annual family
medical leave entitlement;
b. any requirements for the employee to furnish medical certification of
a serious health condition and the consequences of failing to do so;
c. the employee's rights to substitute paid leave and the conditions
related to such substitution;
d. any requirement for the employee to make any premium payments
to maintain benefits and the arrangements for making such
payments;
e. any requirement for the employee to submit to a fitness for duty
physical examination to be restored to employment;
f. his/her status as a "key employee" and the potential consequence
that restoration may be denied following family medical leave,
explaining the conditions required for such denial;
g. the employee's rights to restoration to the same or an equivalent job
upon return from leave;
h. the employee's potential liability for payment of health insurance
premiums paid by the City during the employee's unpaid family
medical leave if the employee fails to return to work after taking
family medical leave.
2. Such designation notice may also include: whether the City will require
periodic reports of the employee's status and intent to return to work or
recertification relating to a serious health condition.
3. If the leave does not qualify as FMLA leave, the City will notify the
employee in writing that the leave is not FMLA-protected.
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Fitness for Duty Certification
Employees who take leave for their own serious health condition are required to
obtain and present a Fitness for Duty Certification Form. The fitness-for-duty
certification must be completed by the same physician who completed the original
Certification of Health Care Provider Form provided to grant the FMLA leave
request. The employee is responsible for the cost of the fitness-for-duty
certification. The City may delay restoration of the employee until the employee
submits a complete fitness-for-duty certification.
Restoration from Family Medical Leave / Job Protection
1. If the employee returns to work within 12 weeks following a family/medical
leave (or 26 weeks if combined with Servicemember Family Leave), he/she
will be reinstated to his/her former position or an equivalent position in terms
of pay, benefits, status, and authority.
2. The employee's restoration rights are the same as they would have been
had the employee not been on leave. If the position would have been
eliminated or the employee would have been terminated but for the leave,
the employee does not have the right to reinstatement upon return from
leave.
3. If the employee fails to return to work by the previously agreed upon date,
in absence of further communication, he/she will be considered to have
abandoned the job.
Exemption of Certain Key Employees
The City may deny restoration of employment rights to an employee under this
section on the following conditions:
1. the key employee is otherwise eligible for family medical leave benefits and
is a job basis employee among the highest paid 10 percent of all City
employees;
2. the denial of restoration is necessary to prevent substantial and grievous
economic injury to the department's operations;
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BENEFITS:
1. Paid Leave Requirement
a. Employees with a leave time balance must utilize all leave time available
prior to the employees taking un-paid leave or falling in to an un-paid status.
Leave time includes: Sick, Vacation, Floating Holidays, Compensatory
Time and Administrative Time.
b. For purposes of determining the amount of leave used by an employee, the
fact that a holiday may occur within the week taken as FMLA leave has no
effect; the week is counted as a week of FMLA leave. However, if an
employee is using FMLA leave in increments of less than one week, the
holiday will not count against the employee's FMLA entitlement unless the
employee was otherwise scheduled and expected to work during the
holiday.
2. Maintenance of Benefits
a. An employee granted a leave under this policy will continue to be covered
under the City's group health insurance plan with the same conditions as if
the employee had been continuously employed during the leave period.
b. Employee contributions will be required either through payroll deduction or
by direct payment to the City. The employee will be advised in writing at the
beginning of the leave period as to the amount and method of payment.
Employee contribution amounts are subject to any change in rates that
occurs while the employee is on leave. If an employee's contribution is more
than 30 days late, the City may terminate the employee's insurance
coverage.
c. If the City pays the employee contributions missed by the employee while
on leave, the employee will be required to reimburse the City (on a payroll
deduction schedule) upon return from leave. The employee will be required
to sign a written statement at the beginning of the leave period authorizing
the payroll deduction for delinquent payments.
d. If the employee fails to return from unpaid leave for reasons other than (1)
the continuation of a serious health condition of the employee or a covered
family member or (2) circumstances beyond the employee's control
(certification required within 30 days of failure to return for either reason),
the City may seek reimbursement from the employee for the portion of the
premiums paid by the City on behalf of that employee (employer
contribution) during the period of leave.
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e. An employee is not entitled to seniority or benefit accrual during periods of
unpaid leave, but will not lose benefits already accrued prior to the start of
the leave. Paid time off does not accrue while on unpaid leave.
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City of Sunny Isles Beach
Personnel Policy and Procedure
Policy Name VOLUNTARY DONATION OF ACCRUED/EARNED TIME
Policy Number 704:3
Effective Date 6/30/03
Revision Date(s) 5/18/17
Prepared By, Title Human Resources Director
Approved By, Title City Manager
PURPOSE:
The purpose of this Administrative Regulation policy is to establish a Voluntary Donation
of Earned/Accrued Time Program, in order to extend the paid leave benefits of eligible,
seriously ill employees who have not abused their sick leave and who intend to return to
work. This Administrative Regulation policy is not a means of prolonging pay status
pending an anticipated retirement or separation from the City.
POLICY:
It is the policy of the City to attempt to extend paid leave benefits, via a voluntary donation
program, to eligible employees who, because of a long-term illness, pregnancy, or
adoption of a child, have exhausted accrued/earned leave.
SCOPE:
This policy applies to all City employees who accrue/earn leave and who have been
employed one year or more as a full-time employee. Excluded from receiving donations
under this program are otherwise eligible employees who are on Workers Compensation
status.
PROCEDURE:
1. An employee who has exhausted, or will exhaust, all accrued/earned leaves while
on FMLA as a result of a long-term, serious illness (or as a result of pregnancy or
paternity leave under the FMLA or adoption of a child under the FMLA) may submit
a request to their department head, together with a treating physician's medical
certificate detailing the nature of the long-term, serious illness, for paid leave
donations under this program. The employee's department head may initiate the
request in the employee's absence but at the employee's request.
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2. The department head will submit his/her recommendation for approval/disapproval
attached to the employee's documentation, as mentioned above, to the City
Manager through the Human Resources Director.
3. The Human Resources Director will forward the above documentation along with
employment information to include the employee's length of service, attendance
history, and FMLA status to the City Manager.
4. The City Manager will review all submitted pertinent documents and approve or
disapprove the request. The City Manager's decision is final.
5. If approved, the Human Resources Director will initiate an appeal for donations first
to the employee's own department if it is the Police Department, and then to all
departments. Donations will be applied retroactive to the date of the employee's
request if applicable.
6. Employees may voluntarily contribute any amount of accrued/earned leave by
signing a statement indicating the amount of leave being contributed and forwarding
it to the Human Resources Director. An employee may not donate leave beyond
his/her employment separation date. Employees donating time must maintain a
minimum balance of 80 hours in each respective time bank after the donations are
given. There will be no coercion on the part of peers or supervisors to donate time;
all donations will be strictly voluntary.
7. A subsequent request for paid leave donations may be requested by the employee,
or by the department head on the employee's behalf, through the Human Resources
Director to the City Manager should the initial amount of donations not be sufficient
and provided donations have not and will not extend the employee's absence
beyond the employee's FMLA one year anniversary completion date.
8. Before subsequent appeals for donations are approved, the employee is required to
submit a treating physician's medical certification that generally indicates that the
employee's health is improving and that the employee is expected to return to work
prior to the employee's FMLA one-year anniversary completion date. If an employee
is unable to return to work due to a debilitating or terminal illness, or because his/her
absence will go beyond the FMLA one year anniversary completion date, the
employee will be authorized to use the donated leave received to date but additional
appeals for donations will not be authorized.
9. While on extended paid leave as result of donations, the floating holidays, sick leave
and vacation leave accrued/earned by the employee will be charged against his/her
absence as they are accrued/earned.
10. Accrued/earned leave donated and not used will be returned to the donors on a pro
rata basis.
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GENERAL PROVISIONS:
1. The amount of donated paid leave available will depend on the voluntary donations
by fellow employees. Voluntary donations may include earned compensatory time
and floating holidays, accrued vacation, and accrued sick leave. The total amount of
donated leave an employee may receive under this regulation should not extend an
employee's absence beyond the employee's FMLA one-year anniversary completion
date. Donations for pregnancy or paternity FMLA leave or the adoption of a child
under the FMLA, cannot extend beyond the12 week FMLA completion date.
2. The City Manager will review requests and recommendations, and approve or
disapprove donations. Attendance records and disciplinary records will be taken in
consideration when re�c uests and recommendations are received. Employees under
active investigation may have their requests delayed or denied pending results of
investigation. The Human Resources Director will be responsible for maintaining
records for the program.
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City of Sunny Isles Beach
Personnel Policy and Procedure
Policy Name PERSONAL APPEARANCE OF EMPLOYEES
Policy Number 802:1
Effective Date 10/1/04
Revision Date(s) 5/18/2017
Prepared By, Title Human Resources Director
Approved By, Title City Manager
POLICY:
It is the policy of the City that each employee's dress, grooming, and personal hygiene
should be appropriate to the work situation.
PROCEDURE:
1. Employees are expected at all times to present a professional, business-like image
to City residents, customers, co-workers, and the public. Acceptable personal
appearance, like proper maintenance of work areas, is an ongoing requirement of
employment with the City. Radical departures from conventional dress or personal
grooming and hygiene standards are not permitted. While the City recognizes the
need and desire of employees for individual expression, we also recognize the
varying cultures, ages, health and tastes of our community. Employees shall
comply with the personal appearance policy. Failure to comply may subject the
employee to termination.
2. Office workers and any employees who have regular contact with the public must
comply with the following personal appearance standards:
a. Attire: Employees will be expected to exercise good iudgement in their
choice of work clothes. All clothing must be clean, neatly pressed, in good
repair and appropriate to the work setting. All clothing should be tailored to
ensure that it is not too tight, baggy, short, revealing or scanty. Any clothing,
or lack of clothing that is distracting in appearance or inappropriate, either
due to fit, cut or style (e.g. low-cut tops; t-shirts, sneakers; sweatpants;
exercise pants or athletic wear; shirts with potentially offensive words,
terms, logos, pictures, cartoons or slogans; novelty buttons; mini-skirts
shorts; skorts, sun dresses; beach dresses; flip-flops, baseball hats, and
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similar items of casual attire that do not present a businesslike appearance
etc.) are not permitted.
clothing, shorts, sandals, T shirts, novelty buttons, baseball hats, and
unless otherwise authorized.
b. Uniforms: Employees who are required to wear a uniform are expected to
wear it properly and in its entirety. Uniforms (including footwear) must be
clean, pressed and neatly maintained. Hats are not to be worn unless they
are required as part of the uniform, and/or safety reasons.
Employees and volunteers shall exercise caution in their conduct when
wearing apparel with insignia, logos and/or language indication affiliation
with the City.
Employees who terminate employment are required to return uniforms
issued to them.
c. Footwear: All footwear will be clean and should be sturdy, stable and safe.
Footwear should also be appropriate to the duties and responsibilities of the
employee. Employees medically required to wear athletic shoes must
obtain approval from the operating department's director.
d. Personal Hygiene and Appearance: All employees are required to
maintain a clean, neat and well-groomed appearance. Regardless of an
employee's duties or anticipated work assignment, they are expected to
meet this standard at the start of the workday. Employees are expected to
maintain proper hygiene and shower/bathe routinely. Employees will refrain
from using heavy perfume, cologne, aftershave, or other scents whose odor
is offensive to coworkers. Tattoos and body piercings (other than earrings)
should generally not be visible. Any visible tattoos or piercings (other than
earrings on earlobes) must be covered with a bandage or clothing while at
work. No dental accessories (e.g. mouth grills or tooth jewelry) shall be worn
unless deemed necessary by a medical or dental professional. Facial hair
and hairstyles should maintained neat and clean. Individuals employed in
areas where there are potentially dangerous machinery or where other
uniform or dress considerations are in place due to occupational health and
safety or other business related reasons, must adhere to those safety
standards deemed appropriate by the department director.
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3. Certain employees may be required to meet special dress, grooming, and hygiene
standards, such as wearing uniforms, depending on the nature of their job.
4. At its discretion, the City may allow employees to dress in a more casual fashion
than is normally required. On these occasions, employees are still expected to
present a neat appearance and are not permitted to wear ripped or disheveled
clothing, athletic wear, or similarly inappropriate clothing as stated in this policy.
5. Employees having a conflict with any aspect of this policy, based on cultural,
religious traditions or medical reasons may request an exemption. The employee
must place the request in writing to the Human Resources Department.
6. Department Directors, subject to the approval of the City Manager, may establish
a more specific dress code for their Department that is consistent with the intent of
the portrayal of a professional image at all times. Appropriate clothing for the iob
duties should be the primary consideration.
7. Any employee who does not meet the standards of this policy will be required to
take corrective action, which may include leaving the premises. Non-exempt
employees (those employees subject to the minimum wage and overtime
requirements of the Fair Labor Standards Act) will not be compensated for any
work time missed because of failure to comply with this policy. Violations of this
policy may also result in disciplinary action up to and including termination.
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