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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 CODING: Words strierken are deletions,words underlined are additions. 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. CODING: Words si^cken are deletions,words underlined are additions. 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: CODING: Words stricken are deletions,words underlined are additions. 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. CODING: Words stricken are deletions,words underlined are additions. 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. CODING: Words stricken are deletions,words underlined are additions. 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. CODING: Words n are deletions,words underlined are additions. 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. CODING: Words stricken are deletions,words underlined are additions. 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. CODING: Words stricken are deletions,words underlined are additions. 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. CODING: Words stricken are deletions, words underlined are additions. 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. CODING: Words strierken are deletions,words underlined are additions. 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. CODING: Wordsn are deletions,words underlined are additions. 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. CODING: Words stricken are deletions,words underlined are additions. 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 CODING: Words is en are deletions, words underlined are additions. 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. CODING: Words stricken are deletions,words underlined are additions. 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. CODING: Words strisken are deletions,words underlined are additions. 218-1 Retirement Page 1 of 2 60 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. CODING: Words stricken are deletions,words underlined are additions. 218-1 Retirement Page 2 of 2 61 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 CODING: Words 64r-is-kenare deletions,words underlined are additions. 303-1 Performance Appraisals -General Page 1 of 2 62 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. CODING: Words stricken are deletions,words underlined are additions. 303-1 Performance Appraisals -General Page 2 of 2 63 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 CODING: Words stricken are deletions,words underlined are additions. 304-1 Severance Pay Page 1 of 2 64 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. CODING: Words s#ickee are deletions, words underlined are additions. 304-1 Severance Pay Page 2 of 2 65 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 CODING: Words ctric cert are deletions,words underlined are additions. 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 CODING: Words striske=.are deletions,words underlined are additions. 401-1 Travel on City Business Page 2 of 5 67 • 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 CODING: Words stricken are deletions,words underlined are additions. 401-1 Travel on City Business Page 3 of 5 68 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, CODING: Words stricken are deletions,words underlined are additions. 401-1 Travel on City Business Page 4 of 5 69 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. CODING: Words stricken are deletions, words underlined are additions. 401-1 Travel on City Business Page 5 of 5 70 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. CODING: Words stricken are deletions,words underlined are additions. 503-1 Retirement Benefits Page 1 of 6 71 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. CODING: Words stricken are deletions,words underlined are additions. 503-1 Retirement Benefits Page 2 of 6 72 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. CODING: Words stricken are deletions,words underlined are additions. 503-1 Retirement Benefits Page 3 of 6 73 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. CODING: Wordsen are deletions,words underlined are additions. 503-1 Retirement Benefits Page 4 of 6 74 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). CODING: Words n are deletions,words underlined are additions. 503-1 Retirement Benefits Page 5 of 6 75 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. • CODING: Words stricken are deletions,words underlined are additions. 503-1 Retirement Benefits Page 6 of 6 76 • °, 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 CODING: Words stricken are deletions,words underlined are additions. 506-1 Educational Reimbursement Program Page 1 of 2 79 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. CODING: Words stricken are deletions,words underlined are additions. 506-1 Educational Reimbursement Program Page 2 of 2 80 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. CODING: Words stricken are deletions,words underlined are additions. 606-1 Smoking Page 1 of 2 81 5) Employees violating this policy will be subject to disciplinary action up to and including termination. CODING: Words i-s-ken.are deletions,words underlined are additions. 606-1 Smoking Page 2 of 2 82 /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 83 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; CODING: Wordsn are deletions,words underlined are additions. 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. CODING: Words stricken are deletions,words underlined are additions. 702-1 Short Term Absences Page 2 of 4 94 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 CODING: Words n are deletions, words underlined are additions. 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) CODING: Words stricken are deletions,words underlined are additions. 702-1 Short Term Absences Page 4 of 4 96 `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. CODING: Words stricken are deletions,words underlined are additions. 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 CODING: Wordsn are deletions,words underlined are additions. 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 CODING: Words n are deletions,words underlined are additions. 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 CODING: Wordsricckcn are deletions,words underlined are additions. 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. CODING: Words cmc en are deletions,words underlined are additions. 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. CODING: Words stricken are deletions,words underlined are additions. 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: 704:2 FMLA Page 3 of 19 114 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 704:2 FMLA Page 4 of 19 115 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 704:2 FMLA Page 5 of 19 116 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: 704:2 FMLA Page 6 of 19 117 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, • 704:2 FMLA Page 7 of 19 118 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 704:2 FMLA Page 8 of 19 119 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 704:2 FMLA Page 9 of 19 120 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 704:2 FMLA Page 10 of 19 121 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 704:2 FMLA Page 11 of 19 122 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: 704:2 FMLA Page 12 of 19 123 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 704:2 FMLA Page 13 of 19 124 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 704:2 FMLA Page 14 of 19 125 (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. 704:2 FMLA Page 15 of 19 126 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. 704:2 FMLA Page 16 of 19 127 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; 704:2 FMLA Page 17 of 19 128 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. 704:2 FMLA Page 18 of 19 129 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. 704:2 FMLA Page 19 of 19 130 SVNN }f 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. CODING: Words s#isken are deletions,words underlined are additions. 704:3 Voluntary Donation of Time Page 1 of 3 131 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. CODING: Words stricken are deletions,words underlined are additions. 704:3 Voluntary Donation of Time Page 2 of 3 132 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. CODING: Words stricken are deletions,words underlined are additions. 704:3 Voluntary Donation of Time Page 3 of 3 133 S,NNY,Si fr 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 CODING: Words stfisken are deletions,words underlined are additions. 802:1 Personal Appearance of Employees Page 1 of 3 134 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. CODING: Wordsicckcn are deletions, words underlined are additions. 802:1 Personal Appearance of Employees Page 2 of 3 135 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. CODING: Words .Gken are deletions,words underlined are additions. 802:1 Personal Appearance of Employees Page 3 of 3 136