City of Clinton Employee Handbook

Approved by City Council 7-98
Revisions May 2002 - to date

3. LEAVE

All full time employees shall be eligible for sick leave benefits subject to the conditions of eligibility as stated in the sick leave, maternity leave and other policies which follow.

 A.  SICK LEAVE:  Sick leave benefits shall be allowed in cases where an employee is incapacitated by a sickness or injury; for medical, dental or optical examination or treatment; or when an employee is exposed to a contagious disease or their attendance at work may jeopardize the health of others. Employees shall accrue sick leave at the rate of 3.08 hours per bi-weekly pay period (pp).  Fire=5.54 hrs/pp)  New employees shall accrue sick leave in the bi-weekly pay period in which they are hired.  (Jan, 2008)   Employees shall accrue sick leave at the rate of 6.667 hours per month.  (Fire = 8.87 hrs/month)  New employees hired on or before the 15th day of the month will accrue sick leave for the month, those hired after the 15th will not.  Accumulation of sick leave shall not exceed 480 hours.  The City of Clinton does not pay for unused sick leave.

Enforced Leave: hours used by an employee and deducted from their sick leave for the health care of an immediate family member.   Definition of  immediate family for the purpose of Enforced Leave is defined as:  spouse, children, mother, father, sister, brother, mother-in-law, father-in-law, brother-in-law, sister-in-law, grandparents, grandchildren, aunts, uncles, nieces, nephews, and persons who raised (parented) employee, or a member of the family residing at the employees’ residence.

An employee shall be eligible to accrue sick leave from date of hire and may use sick leave for the appropriate purposes outlined in this manual.  Sick leave time will be placed on the sick leave accrual schedule per bi-weekly pay period. monthly.  Sick leave shall not be taken before accrual.  No sick leave shall be accrued during a period of suspension without pay.

An employee is required to notify his/her Supervisor, prior to the time the work period begins, of the reasons for any absence.  Failure to report to work or notify the immediate Supervisor may subject the employee to loss of sick leave pay for the time used or disciplinary action.  (See also I. Absence Without Leave.)  The Supervisor may require proof of illness or injury with a statement signed by an attending physician.

Those employees who have been on sick leave for an extended period of time (three days or longer) may be required to submit a doctors’ release before returning to work.  Also, any employee who has been on restricted or limited duty due to an on-the-job injury, or a medical condition, will be required to bring a written full release from the doctor who originally placed the employee on restriction, or the current doctor of record.

 B.  MATERNITY LEAVE OF ABSENCE:   The City will treat all maternity leave of absence for full time employees in the same manner as set out in the Sick Leave Policy and FMLA.

 C.  FUNERAL LEAVE:  A full time employee may be granted Funeral leave for the death of an employee’s immediate family member for a period not to exceed three (3) days per year (24 hrs).  Emergency leave shall be with pay. For uniform Fire personnel, such leave shall constitute one (1) 24 hour shift.

 A request for funeral leave of absence may be recommended by the Department Head in writing and may be approved by the City Manager.  Funeral leave of absence does not accrue from year to year.

Immediate family for the purpose of funeral leave is defined as:  spouse, children, mother, father, sister, brother, mother-in-law, father-in-law, brother-in-law, sister-in-law, grandparents, grandchildren, aunts, uncles, nieces, nephews, and persons who raised (parented) employee, or a member of the family residing at the employee’s residence.

D.  SPECIAL LEAVE OF ABSENCE:    The City may provide a leave of absence with pay to full time employees in the following cases: 

JURY DUTY:   Special leave will be granted to an employee when called to jury duty.  Pay received from the court for jury duty shall be returned to the City.  Expense reimbursement shall be kept by the employee.

CIVIL LEAVE WITH PAY:   An employee shall be given necessary time off with pay while performing jury duty, appearing in court as a witness in answer to a subpoena, in  an official capacity in connection with the City or as an expert witness either because of professional or observed knowledge, and/or performing emergency civilian duty in connection with national defense.  Any compensation received by an employee while on civil leave with pay shall be paid to the City except expense reimbursement.

CIVIL LEAVE WITHOUT PAY:   If an employee is involved in a personal court case, either as a plaintiff or as a defendant, in a suit not resulting from his/her duties with the City, he/she shall be granted Leave Without Pay unless the employee elects to utilize available vacation leave.

 

 E. MILITARY LEAVE OF ABSENCE:   Employees of the City of Clinton who are members of the National Guard of Oklahoma, the Army Reserve, Naval Reserve, Marine Corps Reserve, Air Force Reserve or Coast Guard Reserve shall be eligible for a leave of absence on all days employed under order or authorization of competent authority or active training duty with troops or at field exercises or for instruction. 

The City will provide full pay during absence, by OK Statute 44 § 209 and 72 § 48.   Leaves of absence, under this policy, without loss of pay shall not exceed twenty (20) working days in any one (1) the federal governments fiscal year.  Such request for a leave of absence shall be accompanied by a copy of official orders requiring such training.  The employee shall complete a leave request form and attach a copy of the orders before submitting the request to the supervisor.

F. LONG TERM  ILLNESS LEAVE:   An employee shall be granted unpaid leave of absence, when his/her sick leave and vacation leave has been exhausted due to prolonged illness or disability. The employee shall make a written request for unpaid leave of absence prior to the expiration of his/her sick and vacation leave and shall furnish a doctor’s certificate attesting to the need for such leave.  The term of the leave of absence shall be up to three (3) months.  The City shall pay the employee’s monthly health insurance premium for the first two months after the start of the leave. 

Borrowing Sick Leave: To be eligible a full time employee must have successfully completed initial probation and expended all sick and annual leave.  An individual facing long term illness may utilize sick leave from other employees.  An employee may also use borrowed sick leave as defined in “enforced leave’ if all other criteria are met. The maximum amount of sick leave that can be extended under this  ‘borrowing’ program is not to exceed thirty (30) working days.   An employee having over 240 hours (revised 4-12-05) accumulated may donate up to 24 hours to another City employee.  The contribution of sick leave from other employees to a needy employee is strictly voluntary.  The hours will be deducted from that employee making the donation and will be credited to the employee receiving the donation. 

Pool Converted to Dollars:  As of April 1, 2005 the Sick Leave Pool will be converted into dollars.  As employees donate hours to the pool, the amount will be converted into dollars per the donors hourly wage.  The individual needing the donation will receive the number of hours at their hourly rate.

 G. LEAVE WITHOUT PAY: A leave without pay must be approved by the employees supervisor and Department Head and will not be granted for an employee to seek or engage in other employment. To engage in other employment while on a leave of absence without pay, automatically constitutes termination of employment with the City.  The failure of an employee, on leave without pay, to return at the end of such leave will be considered a voluntary resignation by the employee.

 H. FAMILY AND MEDICAL LEAVE:  Approved effective September 1996

PURPOSE:   To outline the conditions under which an employee may request time off  without pay for a limited period with job protection and no loss of accumulated service provided the employee  returns to work.

1. DEFINITION:   A family and/or medical leave of absence shall be defined as an approved absence available to eligible employees for up to twelve weeks of unpaid leave per year under particular circumstances that are critical to the life of a family.  Leave may be taken:

• upon the birth of the employee’s child

• upon the placement of a child with the employee for adoption or foster care when the employee is needed to care for a child, spouse, or parent who has a serious health condition.

• when the employee is unable to perform the functions of his or her position because of a serious health condition.

2. SCOPE:   The provisions of this policy shall apply to all family and medical leaves of absence except to the extent that such leaves are covered under other paid employment benefit plans or policies for any part of the twelve weeks of leave to which the employee may be entitled under this policy.  In other words, if an employee is entitled to paid leave under another benefit plan or policy, the employee must take the paid leave first.

3. ELIGIBILITY:   To be eligible for leave under this policy an employee must have been employed for at least twelve months in total, and must have worked at least 1250 hours during the twelve month period preceding the commencement of the leave.  Exception: If the employee on leave is a salaried employee and is among the highest paid ten percent of company employees within seventy-five miles, and keeping the job open for the employee would result in substantial economic injury to the company, reinstatement to the employee on leave can be denied.  In this situation, however, the employee will be given an opportunity to return to work.

4.  BASIC REGULATIONS AND CONDITIONS OF LEAVE: 

      a.      The company will require medical certification to support a claim for leave for an employee’s own serious health condition or to care for a seriously ill child, spouse, or parent.  For the employee’s own medical leave, the certification must include a statement that the employee is unable to perform the functions of his or her position.  For leave to care for a seriously ill child, spouse, or parent, the certification must include an estimate of the amount of time the employee is needed to provide care.   At its discretion, the company may require a second medical opinion and periodic re-certification at its own expense.   If the first and second opinions differ, the company, at its own expense, may require the binding opinion of a third health care provider, approved jointly by the company and the employee.

     b.      If medically necessary for a serious health condition of the employee or his or her spouse, child or parent, leave may be taken on an intermittent or reduced leave schedule.  If leave is requested on this basis, however, the company may require the employee to transfer temporarily to an alternative position which better accommodates recurring periods of absence or a part-time schedule, provided that the position has equivalent pay and benefits.

     c.      Spouses who are both employed by the company are entitled to a total of twelve weeks of leave (rather that twelve weeks each) for the birth or adoption of a child or for the care of a sick parent.

5. NOTIFICATION AND REPORTING REQUIREMENTS:   When the need for leave is foreseeable, such as the birth or adoption of a child, or planned medical treatment, the employee must provide reasonable, appropriate notice, and make efforts to schedule leave so as not to disrupt company operations.  In cases of illness, the employee will be required to report periodically on his or her leave status and intention to return to work.

 6.  STATUS OF EMPLOYEE BENEFITS DURING LEAVE OF ABSENCE:

a.   Any employee who is granted an approved leave of absence under this policy is advised to provide for the retention of his or her group insurance coverage’s by arranging to pay the premium contributions during the period of unpaid absence.

b.   In the event that an employee elects not to return to work upon completion of an approved unpaid leave of absence, the company may recover from the employee the cost of any payments made to maintain the employees coverage, unless the failure to return to work was for reasons beyond the employees control.  Benefit entitlement based upon length of service will be calculated as of the last paid work day prior to the start of the unpaid leave of absence.

 7.  PROCEDURES:

 a.  Request for Family and Medical Leave: The employee should request this leave in writing. The letter should be signed by the employee, and submitted to the immediate supervisor for proper signature approval, the department head, and finally, forwarded to the City Manager for his/her signature.  If possible, the request should be submitted thirty (30) days in advance of the effective date of the leave.

b.  All requests for family and medical leaves of absence due to the employees’ illness will include the following information attached to the request.   Sufficient medical certification stating:

1. The date on which the serious health condition commenced;

2. The probable duration of the condition; and

3. The appropriate medical facts within the knowledge of the health care provider regarding the condition. 

          In addition, for leave purposes to care for a child, spouse, or parent, the certificate should estimate the amount of time the employee is needed and the type of care to be provided.  For leave  purposes for an employees illness, the certificate must state that the employee is unable to perform the functions of his or her position.  In the case of certification for intermittent leave, or leave on a reduced leave schedule for planned medical treatment, the dates on which such treatment is expected to be given and the duration of such treatment must be stated.

8.   EFFECT OF LABOR AGREEMENT:  All provisions of this policy shall prevail except as modified by any applicable labor agreement.

I. ABSENCE WITHOUT LEAVE:    Absence without leave shall be construed to be any absence in which the employee has failed to secure prior approval, or, in the case of illness or emergency, has failed to notify his/her immediate Supervisor of such absence no later than the day such absence begins.  Failure to comply with this section may result in disciplinary action or termination.

J. WORK INCURRED INJURY OR ILLNESS:  See also 13. Safety Responsibilities E. Workers Comp)  The provisions of this policy apply to any employee who is injured in the course of and arising out of his employment or who incurs occupational disease compensative under the Oklahoma Workers Compensation Act and hereinafter referred to as an ‘injured employee’.  Also refer to OK Statute 11 x  50 – 116.1 regarding Police Officers.

1.  An injured Employee shall be excused from work without the loss of pay, vacation or sick leave in order to obtain medical attention on the day the accident occurs and any subsequent treatment related to that injury during days the employee is working.  All such absences shall be limited to the time required to obtain the necessary medical attention.  An employee is required to furnish satisfactory proof of such medical attention.

Upon the recommendation of the attending physician, the employee may be excused from work without the loss of pay, vacation or sick leave for the balance of the day on which the accident occurs or the balance of the day medical attention is first required.  Police Officers injured on the job are paid their full salary for six months.  All other employees have a three (3) day waiting period immediately following an on-the-job injury/illness when payments under Workers Compensation are not payable, the absence may be carried on the regular payroll.

In the event an injured employee, as covered by Workers Compensation, is unable to return to work the day following the date on which the accident occurs or on which medical attention is first required, such employee may be granted leave without pay unless the employee elects to use accumulated sick leave.  Such a leave may be extended until such time as the employee is able to return to work or for a maximum period of six (6) months.

 2.  The City shall have the right to require an employee on Workers Compensation or substance abuse leave to have periodic physical/mental examinations at a time designated by the City to determine the need for the employee to remain on leave.  The City shall designate the physician and pay all costs related to the doctors examination.

3.  An injured employee who is unable to return to work and who has been granted a leave of absence shall continue to accumulate seniority and shall be permitted to accumulate sick and vacation leave for a period not to exceed six (6) months.  Such vacation and sick leave allowance will be credited to the account of the employee only upon return to an employment status.

 PROCEDURE

1. An employee who is injured on the job must report said injury to his/her Supervisor before seeking medical attention.  It is understood that in an emergency, this may not be feasible.

Any employee who seeks medical attention without a written referral from the attending physician, or authorization from the City’s Workers Comp Insurance carrier, will be responsible for all medical expenses incurred.   Injury leave will be granted only with a doctors authorization.  A return-to-work authorization from the attending physician must be approved by the City Manager or designee before the employee will be allowed to resume work.

Dependent Health Coverage

An employee on Workers Compensation leave may use sick leave at a rate of two and one half hours per day to cover the cost of said employee benefits or to supplement their Workers Compensation payment.  An employee who does not wish to use their sick leave or does not have any accumulated sick leave, must make arrangements to pay customary dependent benefits before premium due date or dependent coverage will be terminated.

 2.    Failure of an employee to report to the job at the end of an injury leave will be considered a voluntary resignation unless sick or vacation leave, or leave without pay has been authorized.

In the event there is a possibility the Division of Labor might rule that a particular accident was not job-related, and there would be no liability incurred by Workers Compensation insurance, then the City Manager may rule that,  Pending a determination by the Division of Labor, the employee will be carried on sick leave to the extent such leave has been accrued, then vacation leave, until exhausted, and finally leave without pay status.  As an alternative, the employee may request to be placed on leave without pay status during the period pending Workers Compensation determination, but in no case for more than six (6) months. 

K. DISABILITY PROVISIONS FOR NON-WORK CONNECTED INJURIES AND ILLNESSES:   An employee may be placed on light-duty, transferred, reclassified, placed on unpaid leave of absence or separated for non-service connected disability when a mental or physical condition indicates that he/she is unable to perform the responsibilities of the job class assigned.  Such a mental or physical condition is defined as when the employee could present a safety danger to himself or his fellow employees.  The procedures for such action shall be as follows:

1. At the written request of the supervisor, the City Manager may order a physician designated by the City at the expense of the City, to examine the employee.
   

2. As a result of the physicians findings, the supervisor and the City Manager shall consider an appropriate course of progressive action as outlined below:

a.      Assignment to part-time status until such time as a doctor releases the employee for full-time duty status, but not to exceed 90 calendar days.

b.  Transfer or reclassification to a job class where the employee demonstrates the physical or mental capability of performing the duties of the class, if position available.

c.      Grant a leave of absence without pay in accordance with provisions found elsewhere in these policies, and in accordance, with the Family & Medical Leave Act, but for not more than 90 calendar days.

d.   To assist the employee in applying for early retirement, if applicable, in accordance with provisions of the applicable retirement system.

e.      Take steps to separate the employee from the City's employment when it is determined that the employee is unable to perform the duties required of any available position.

Actions (a) and (b) shall be granted for thirty (30) days, and any extension after 30 days shall be approved by the City Manager.    Actions (d) and (e) will be considered when all accrued sick leave has been exhausted.

 If the results of the examination indicate that the employee is unable to perform the duties and responsibilities of his job class, or light duty, the employee shall be placed on sick leave, vacation, or other accrued leave as a preliminary step leading to consideration of any of the alternatives listed above, but not to exceed six (6) months from date of injury or illness.

 If an employee is transferred or reclassified to another job class, compensation shall be at the employees current rate of base pay.

All options indicated above for this section are totally at the needs and requirements of the City of Clinton per FMLA and ADA.  Vacancies or job openings will not be created to accomplish this action.