037 of 2004 - Approving the Compensation Plan for Executive Employees and Elected Officials of Salt Lake City 0 04-1
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SALT LAKE CITY ORDINANCE
No. 37 of 2004
(Approving the Compensation Plan for
Executive Employees and Elected Officials
of Salt Lake City)
AN ORDINANCE APPROVING A COMPENSATION PLAN FOR
EXECUTIVE EMPLOYEES AND ELECTED OFFICIALS.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. PURPOSE. The purpose of this Ordinance is to approve the
attached Compensation Plan for Executive Employees and Elected Officials. Three
copies of said Compensation Plan shall be maintained in the City Recorder's Office for
public inspection.
SECTION 2. APPLICATION. The Compensation Plan shall not apply to
employees whose employment terminated prior to the effective date of this Ordinance.
SECTION 3. EFFECTIVE DATE. This Ordinance shall be deemed effective on
July 1, 2004.
Passed by the City Council of Salt Lake City,Utah, this 17th day of
June , 2004.
\XO_SL. L8-11`C
CHAIRPERSON
ATTEST:
IEF DEPUT CITY RECORDER
Transmitted to the Mayor on June 17, 2004
Mayor's Action: K Approved. Vetoed.
M YOR
ATTEST:
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CHIEF DEPUTY Y RE RDER c
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Bill No. 37 of 2004. ,- = °
Published: 7/7/04 t
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COMPENSATION PLAN FOR SALT LAKE CITY CORPORATION EXECUTIVE
EMPLOYEES AND ELECTED OFFICIALS.
EFFECTIVE DATE
The provisions of this plan shall be effective commencing July 1,20032004.
II. EMPLOYEES COVERED BY THIS PLAN
Employees subject to this plan shall be the Elected Officials and those full-time City
employees classified as "Executive" employees. "Executive"employees are "appointed"
and "at-will" employees serving at the pleasure of the Mayor(or the City Council if they
are employees of the Office of the City Council). Employees are not covered by thepaid
leave provisions of this plan while they are on unpaid leave of absence. However,
employees on an unpaid military leave of absence may be entitled to the restoration of
certain leave benefits as provided by city ordinance.
M. WAGES AND SALARIES
A. Elected Officials
The annual compensation of elected officials shall be as provided in APPENDIX
B. Executive Employees
From July 1, 2003 2004 to June 30,20042005, Executive employees shall be paid
within ranges provided in the schedule attached hereto as APPENDIX "B." Any
performance-based pay adjustment above the "Base Pay Maximum"of the range
will be given as a supplemental payment not added to base. In no case will such
annual supplemental payment—when divided by 26 and added to the base pay
adjustment—be allowed to exceed the "Range Maximum."
C. Other Forms of Compensation
The foregoing shall not restrict the Mayor from distributing appropriated moneys
to employees of the City in the form of lump sum supplemental performance
based or special supplemental payments to employees within per annum pay
limitations. The Mayor,with the prior written advice and consent of the City
Council,may in a writing filed with the City Recorder, grant a retention incentive
benefit, if one is necessary to meet employment market conditions or where it
would be in the City's best interests to do so.
IV. LONGEVITY PAY
Executive employees shall not be eligible for longevity benefits.
V. OVERTIME COMPENSATION :
Executive employees do not receive overtime compensation. r
VI. ALLOWANCES - �► :,.z�
A. Business Expenses. City policy shall govern the authorization of employee
advancement or reimbursement for actual expenses reasonably incurred in the
performance of City business. Advancement or reimbursement shall be approved
only for expenses documented and authorized in advance within budget
limitations established by the City Council.
B. Automobiles.
1. Under City policy, the Mayor may authorize an employee to utilize a City
vehicle on a take-home basis, and shall, as a condition of receipt,require
said employee to reimburse the City for a portion of the take-home vehicle
cost as provided in City ordinance.
2. Employees who are authorized to use, and who do use,privately owned
automobiles for official City business, shall be reimbursed for the
operation expenses of said automobiles at a rate as specified in City policy.
3. A car allowance may be paid to Executive employees, as determined by
the Mayor, at a rate not to exceed $400 per month.
C. Uniform Allowance. Employees shall be provided the following monthly uniform
allowances when required to wear uniforms in the performance of their duties:
1. Fire Department Executive employees shall be provided uniforms or
uniform allowances to the extent stated in Fire Department policy number
122.
2. Uniforms or uniform allowances for Police Executive employees shall be
provided to the extent stated in Police Department policy.
D. Other Allowances. The Mayor may,within budgeted appropriations, authorize
the payment of other allowances in extraordinary circumstances (as determined by
the Mayor) and as dictated by City needs.
VII. HOLIDAYS AND VACATION
Employees shall receive holidays and vacation as provided in this paragraph VII.
Employees do not earn or receive holiday and vacation benefits while on an unpaid leave
of absence. However, employees on an unpaid military leave of absence may be entitled
to the restoration of certain leave benefits as provided by city ordinance.
A. Holidays
1. The following days shall be recognized and observed as holidays for
employees covered by this plan. Such employees shall receive their
regular rate of pay for each of the unworked holidays:
a. New Year's Day, the first day of January.
b. Martin Luther King, Jr. Day, the third Monday of January.
c. President's Day,the third Monday in February.
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d. Memorial Day, the last Monday of May.
e. Independence Day,the fourth day of July.
f. Pioneer Day,the twenty-fourth day of July.
g. Labor Day,the first Monday in September.
h. Columbus Day, the second Monday in October.
}h. Veteran's Day, the eleventh day of November.
ji. Thanksgiving Day, the fourth Thursday in November.
j. Day after Thanksgiving Day. (See holiday exception below.)
k. Christmas Day, the twenty-fifth day of December.
1. One personal holiday,taken upon request of the employee.
2. When any holiday listed above falls on a Sunday, the following business
day shall be considered a holiday. When any holiday listed above falls on
a Saturday, the preceding business day shall be considered a holiday. In
addition to the above, any day may be designated as a holiday by
proclamation of the Mayor and/or the City Council.
3. No employee shall receive in excess of one day of holiday pay for a single
holiday. Employees must work or be on authorized leave their last
scheduled working day before and the next working day following the
holiday to qualify for holiday pay.
4. Cam-DayHoliday exception. In lieu of taking the day after
Thanksgiving Day as a holiday, C'c1 == employees may observe
this holiday up to 50 days prior to Thanksgiving.mpy be celebrated within
B. Vacations
1. Employees shall be entitled to receive their regular salaries during vacation
periods earned and taken in accordance with the provisions in this
paragraph.
2. For Executives other than Department Directors and those named in
paragraph 3. below,the following schedule shall apply:
Years Hours of Vacation Accrued
of Consecutive Per Biweekly
City Service Pay Period
0 to end of year 3 3.08
4 to 6 3.69
7 to 9 4.62
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10to12 5.54
13 to 15 6.15
16to 19 6.77
20 or more 7.69
3. For Department Directors, the Mayor's Chief of Staff, up to two additional
senior executive positions in the Mayor's Office as specified by the
Mayor, the Executive Director of the City Council, and the Director of the
Redevelopment Agency, the following schedule shall apply:
Years Hours of Vacation Accrued
of Consecutive Per Biweekly
City Service Pay Period
0 to end of year 14 6.15
15 or more 7.69
4. Executive Employees other than Department Directors and those named in
paragraph 3. above may accumulate vacation hours (including both
accrued vacation and sick leave conversion time), according to the length
of their full-time, consecutive, years of employment with the City up to the
following maximum limits:
Up to 9 years Up to 240 hours
After 9 years Up to 280 hours
After 14 years Up to 320 hours
Depai Intent Directors and those named in paragraph 3. above may
accumulate up to 320 hours of vacation without regard to their years of
employment with the City.
Any vacation accrued beyond said maximums shall be deemed forfeited
unless utilized prior to the end of the calendar year in which the maximum
has been accrued. However, in the case of an employee returning from an
unpaid military leave of absence,related provisions under city ordinance
shall apply.
5. Vacation Buy Back. The City may purchase within any twelve-month
period up to, but not exceeding, 80 hours of earned and accrued vacation
time, to which an employee is entitled as authorized in this paragraph, with
the consent of said employee and upon favorable written recommendation
of the employee's Department Director and approval by the Chief
Administrative Officer or the Mayor, or by the Chair of the City Council
for City Council executives.
Said purchase of accrued vacation time may be authorized, in the
discretion of the City,when, in its judgment, it is demonstrated that:
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a. The cash payment in lieu of vacation time use shall not interfere
with an employee's performance or create an unreasonable hardship
on said employee.
b. There is a demonstrated need for the City to retain the services of
the employee for said vacation time.
c. There are sufficient funds in the Department budget to pay for the
vacation time as certified by the City Chief Administrative Officer
or designee,without disturbing or interfering with the delivery of
City services.
d. The amount to be paid for any such purchase of vacation time as
provided herein shall be based on the wage or salary rate of the
said employee at the date of approval by the City.
e. The City shall make a diligent effort to provide employees their
earned annual vacation, and shall, through appropriate management
efforts, seek to minimize the recommendations for cash payments
in lieu of vacation use. Any vacation purchased by the City shall
be considered to be an extraordinary circumstance and not a fringe
benefit of the employee.
VIII. SICK AND OTHER RELATED LEAVE OR PERSONAL LEAVE.
A. Benefits in this section are for the purpose of continuing income to employees
during absence due to illness, accident or personal reasons. Some of these
absences may qualify under the Family and Medical Leave Act(FMLA). This is a
federal law that provides up to 12 weeks of unpaid leave each year and protects
jobs and health care benefits for eligible employees who need to be off work for
certain"family and medical"reasons. APPENDIX G-D outlines the FMLA rights
and obligations of the employee and the City. The City requires all employees
using FMLA leave to exhaust their paid leave allotments for FMLA-qualifying
events prior to taking FMLA leave unpaid. The paid leave parameters are defined
in this Compensation Plan. Employees do not earn or receive leave benefits under
this Section VIII. while on unpaid leave of absence. However, employees on an
unpaid military leave of absence may be entitled to the restoration of such leave
benefits, as provided by city ordinance.
B. Executive employees shall receive benefits in this section, either under a plan as
provided in paragraph VIEW. (Plan"A"), or as provided in paragraph VIII.E.
(Plan`B").
C. Executive employees hired on or after November 16, 1997 shall participate in
Plan B. All other employees shall participate in the plan they participated in on
November 15, 1998.
D. Plan"A."
1. Sick Leave.
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a. Sick leave shall be provided for Executive employees under this
Plan"A"as insurance against loss of income when an employee is
unable to perform assigned duties because of illness or injury. The
Mayor may establish rules governing the interfacing of sick leave-
and Workers' Compensation benefits and avoiding, to the extent
allowable by faw, duplicative payments.
b. Each Executive employee under this Plan"A" shall accrue sick
leave at a rate of 4.62 hours per pay period. Authorized and
unused sick leave may be accumulated from year to year subject to
the limitations of this plan.
c. Under this Plan"A," Executive employees who have accumulated
240 hours of sick leave may choose to convert up to 64 hours of
the sick leave grant from any given year to vacation leave. Any
sick leave used during the calendar year reduces the allowable
conversion by an equal amount.
(1) Conversion at the maximum allowable hours will be made
unless the employee elects otherwise. Any election by an
employee for no conversion, or to convert less than the
maximum allowable sick leave hours to vacation time,
must be made by notifying his or her Personnel/Payroll
Administrator, in writing not later than the second
payperiod of the new calendar year. Otherwise,the
opportunity to waive conversion, or elect conversion other
than the maximum allowable amount shall be deemed
waived for that calendar year. In no event shall sick leave
days be converted from other than the current year's sick
leave allocation.
(2) Any sick leave hours,properly converted to vacation
benefits as above described, shall be taken prior to any
other vacation hours to which the employee is entitled;
provided, however,that in no event shall an employee be
entitled to any pay or compensation upon an employee's
termination for any sick leave converted to vacation. Any
sick leave converted to vacation remaining unused at the
date of termination or retirement shall be forfeited by the
employee.
2. Hospitalization Leave
a. Hospitalization leave shall be provided for employees under this
Plan"A," in addition to sick leave authorized hereunder, as
insurance against loss of income when employees are unable to
perform assigned duties because of scheduled surgical procedures,
urgent medical treatment, or hospital inpatient admission.
b. Employees shall be entitled to 30 days of hospitalization leave each
calendar year. Hospitalization leave shall not accumulate from year
to year. Employees may not convert hospitalization leave to
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vacation or any other leave, nor may they convert hospitalization
leave to any additional benefit at time of retirement.
c. Employees who are unable to perform their duties during a shift _
due to preparations for(such as fasting, rest, or ingestion of
medicine), for or participation in, a scheduled surgical procedure,
may report the absence from the regular work schedule while in the
hospital as hospitalization leave.
d. Employees who must receive urgent medical treatment at a
hospital, emergency room, or acute care facility, and who are
unable to perform their duties during a shift due to urgent medical
treatment,may report the absence from the affected shift as
hospitalization leave. For purposes of use of Hospital Leave,
urgent medical treatment includes at-home care directed by a
physician immediately after the urgent medical treatment and
within the affected work day.
e. Employees who are admitted as an inpatient to a hospital for
medical treatment, so they are unable to perform their duties, may
report the absence from duty while in the hospital as
hospitalization leave.
f. Medical treatment consisting exclusively or primarily of post-
injury rehabilitation or therapy treatment, whether conducted in a
hospital or other medical facility, shall not be counted as
hospitalization leave.
g. An employee requesting hospitalization leave under this section
may be required to provide verification of treatment from a
competent medical practitioner.
3. Bereavement Leave
a. Under this Plan"A"time off with pay will be granted to an
employee who suffers the loss of a wife, husband, child, mother,
father,brother, sister, father-in-law,mother-in-law, son-in-law,
daughter-in-law, grandfather, step-grandfather, grandmother, step-
grandmother, grandchild, or stepgrandchild, stepchild, stepmother,
stepfather, stepbrother or stepsister. In the event of death in any of
these instances,the employee will be paid his or her regular base
pay for scheduled work time from the date of death through the day
of the funeral or memorial service, not to exceed five working
days. Employees will be permitted one additional day of funeral
leave or memorial service leave on the day following the service if:
such service is held more than 150 miles distance from Salt Lake
City;the employee attends the service; and the day following the
service is a regular work shift.
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b. In the event of death of a brother-in-law, sister-in-law, uncle, aunt,
niece,nephew, or first cousin to the respective employee, said
employee will be paid for time off from scheduled working hours
while attending the funeral or memorial services for such person,
not to exceed one shift.
c. In the event of death of friends or relatives not listed above, an
employee may be granted time off without pay,not to exceed four
hours, or may use available vacation leave while attending the
funeral or memorial services for such person,not to exceed four
hem.
d. In the event the death of any member of the immediate family as
set forth in this paragraph VIII.D.3(a)-occurs while an employee is
on vacation,his or her vacation will be extended by the amount of
time authorized as bereavement leave under said paragraph.
e. The provisions of this paragraph shall not be applicable to
employees who are on leave of absence other than vacation leave.
4. Dependent Leave.
a. Under Plan"A,"dependent leave may be requested by a Full-Time
employee covered by this Compensation Plan for the following
FMLA-qualifying reasons: (See APPENDIX D.)
1. Becoming a parent through birth or adoption of a child or
children.
2. Placement of a foster child in the employee's home.
3. Due to the care of the employee's child, spouse, or parent
with a serious health condition.
b. Under Plan"A,"dependent leave may also be requested by an
employee to care for an employee's child, spouse or parent who is
ill or injured but who does not have a serious health condition.
c. The following provisions apply to the use of dependent leave by an
Executive employee.
1. Dependent leave may be granted with pay on a straight time
basis.
2. If the employee has accumulated and available unused sick
leave, the employee shall be entitled to use as dependent
leave such accumulated and available unused sick leave.
3. The employee shall give notice of the need to take
dependent leave and the expected duration of such leave to
to his or her supervisor as soon as possible under the
circumstances.
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4. An employee's sick leave shall be reduced by the number
of hours taken by an employee as dependent leave under
this paragraph provided, however; that up to 40 hours of
dependent leave used during the calendar year will not
affect the sick leave conversion options as outlined in
paragraph VIII.D.1.c.
5. Retirement Benefit.
a. Persons who retire under the eligibility requirements of the Utah
State Retirement Systems will be paid in cash at their then current
pay scale, a sum equal to their daily rate of pay for 25%of the
accumulated sick leave days reserved for the benefit of said
employee at the date of the employee's retirement.
b. In lieu of the above, employees may elect to convert the sick leave
grant provided above to hospital and surgical coverage. If such an
election is made in writing, 50% of the sick leave hours available
at retirement may be converted to a dollar allowance at the time of
retirement. The sick leave hours converted to a dollar allowance
shall be subject to any state and federal income and social security
tax withholding required by law. An employee's available sick
leave account balance, computed by the hours therein times the
salary rate at the effective date of employment separation,
determines the number of months of medical and surgical coverage
which may be purchased. The purchase is made on a monthly
basis,which shall be computed on a monthly basis of charges
against the account balance. If insurance costs increase,the number
of months of coverage will decrease. This provision shall not act
to reinstate an employee with sick leave benefits which were in any
respect lost, used, or forfeited prior to the effective date of this
plan.
c. Retirement benefits provided in this paragraph VIII.D.5 are subject
E. Plan"B."
1. The benefit Plan Year of Plan`B"begins in each calendar year on the first
day of the pay-period that includes November 15. Under this Plan`B,"
paid personal leave shall be provided as insurance against loss of income
when an Executive employee needs to be absent from work because of
illness or injury, to care for a dependent, or for any other emergency or
personal reason. Where the leave is not related to the employee's own
illness or disability—or an event that qualifies under the FMLA—a
personal leave request is subject to supervisory approval based on the
operational requirements of the City and any policies regarding the use of
such leave adopted by the department in which the employee works.
2. Each Executive employee under this Plan`B"shall be awarded personal
leave hours each pay period based on the following schedule:
Months of
Consecutive Hours of Personal
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City Service Leave
Less than 6 1.54 •
Less than 24 2.31
24 or more 3.08
For any plan year in which there are 27 pay periods,no personal leave
hours will be awarded on the 27th pay period.
3. Not later than October 31st in each calendar year, employees covered by
Plan`B"may elect,by notifying their Personnel/Payroll Administrator in
writing,to:
a. Convert any unused personal leave hours available at the end of the
first pay period of November to a lump sum payment equal to the
following: For each converted hour, the employee shall be paid 50
percent of the employee's hourly base wage rate in effect on the
date of conversion. In no event shall total pay hereunder exceed 40
hours pay, or
b. Carryover to the next calendar year up to 80 unused personal leave
hours, or
c. Convert a portion of unused personal leave hours to a lump sum
payment as provided in subparagraph(a) above and carry over a
portion as provided in subparagraph(b) above.
4. Maximum Accrual. A maximum of 80 hours of personal leave may be
carried over to the next plan year. Any personal leave hours unused at the
end of the plan year in excess of 80 shall be converted to a lump sum
payment as provided in subparagraph 3.a above.
5. Termination Benefits. At termination of employment for any reason,
accumulated unused personal leave hours shall be paid to the employee at
50 percent of the hourly base wage rate on date of termination for each
unused hour, s„b.ect ro ti f f
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6. Conditions on Use of Personal Leave are:
a. Minimum use of personal leave is one hour.
b. Executive employees must give their supervisors as much prior
notice as possible.
7. Bereavement Leave.
a. Under this Plan`B,"time off with pay will be granted to an
Executive employee who suffers the loss of a wife,husband, child,
mother, father,brother, sister, father-in-law, mother-in-law, son-in-
law, daughter-in-law,brother-in-law, sister-in-law, grandfather,
step-grandfather, grandmother, step-grandmother, grandchild, or
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stepgrandchild, stepchild, stepmother, stepfather, stepbrother or
stepsister. In the event of death in any of these instances, the
employee will be paid his/her regular base pay for scheduled work
time from the date of death through the day of the funeral or
memorial service,not to exceed five working days. Employees
will be permitted one additional day of funeral leave on the day
following the funeral or memorial service if: such service is held
more than 150 miles distance from Salt Lake City; the employee
attends the service; and the day following the service is a regular
work shift.
b. In the event of death of an uncle, aunt,niece,nephew, or first
cousin to the respective employee, said employee shall be allowed
to use personal leave for time off from scheduled working hours to
attend the funeral or memorial service for such person.
c. In the event of death of friends or relatives not listed above, an
employee may be allowed to use personal leave for time off to
attend the funeral or memorial service for such person, subject to
the approval of his/her immediate supervisor.
8. Career Enhancement Leave, Plan"B." An Executive employee covered
under this Plan`B"is eligible, after 15 years of full-time service with the
City,to be selected to receive up to two weeks of career enhancement
leave. This leave could be used for formal training, informal course of
study,job-related travel, internship, mentoring or other activity which
could be of benefit to the City and the employee's career development.
Selected employees shall receive their full regular salary during the leave.
Request for this leave must be submitted in writing to the Mayor, stating
the purpose of the request and how the leave is intended to benefit the
City. The request must be approved by the Mayor.
9. Plan`B"Retirement Benefit.
a. Executive employees covered under Plan`B" shall have a Plan B
Retirement Benefit as follows:
(1) Executive employees appointed before January 1, 1989, and
who elected in 1997 to be covered under Plan`B," and who
remain covered under Plan`B,"will have a Plan B
Retirement Account equal to 60 percent of unused sick
leave accrued after December 31, 1988 and available on
November 16, 1997), minus any hours withdrawn from that
account since it was established.
(2) Executive employees appointed before January 1, 1989, and
who elected in 1998 to be covered under Plan`B," will
have a Plan B Retirement Account equal to 50 percent of
unused sick leave accrued after December 31, 1988 and
available on November 14, 1998, minus any hours
withdrawn from that account since it was established.
(3) Executive employees who were appointed on and after
January 1, 1989 and before November 16, 1997, and whose
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current participation in Plan`B"began in 1997, shall have
a Plan B Retirement Account equal to 60 percent of accrued
unused sick leave available on November 16, 1997, minus
any hours withdrawn from that account since it was
established
(4) Executive employees who were appointed on and after
January 1, 1989 and before November 16, 1997, and whose
current participation in Plan`B"began in 1998, shall have
a Plan B Retirement Account equal to 50 percent of accrued
unused sick leave available on November 14, 1998,minus
any hours withdrawn from that account since it was
established
(5) Said employees participating in Plan`B"shall have no
other accumulated sick leave except for those hours, if any,
provided in paragraphs XVII.A.1.a. and under this section
VIII.E.9. Sick leave hours accrued by Executive
Employees on or before December 31, 1988 shall not be
included in the"Plan B Retirement Account."
(6) (a) At retirement Executive employees under Plan`B"
shall be paid at the employee's hourly rate of pay on
date of retirement for each hour in the employee's
Plan B Retirement Account.
(b) In lieu of the above, the Executive employee may
elect, in writing, to convert the payment as provided
herein to hospital and surgical coverage. Such
payment shall be subject to any state and federal
income and social security tax as fully required by
law. The employee's available Plan B Retirement
Account balance, computed by the hours therein
times the salary rate at the effective date of
employment separation, determines the number of
months of medical and surgical coverage which may
be purchased. The purchase is made on a monthly
basis,which shall be computed on a monthly basis
of charges against the account balance. If insurance
costs increase,the number of months of coverage
will decrease.
(c) Hours may be withdrawn from the Plan B
Retirement Account for emergencies after personal
leave hours are exhausted, and with approval of the
Mayor. Said hours may also be used as a
supplement to Workers' Compensation benefits
which,when added to the employees' Workers'
Compensation benefits, equals the employee's
regular net salary. The employee must make an
election in writing to the Mayor to use said hours to
supplement Workers' Compensation benefits.
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10. Short Term Disability Insurance, Plan"B." Protection against loss of
income when an employee is absent from work due to short term disability
shall be provided to employees covered under Plan`B"through short term
disability insurance (SDI). There shall be no cost to the employee for SDI.
SDI shall be administered in accordance with the terms determined by the
City. As one of the conditions of receiving SDI, the employee may be
required to submit to a medical examination by a physician of its choosing.
IX. MILITARY LEAVE AND JURY DUTY
A. Leave of absence for employees who enter uniformed service. An employee who
enters the service of a uniformed services of the United States,including the
United States Army,United States Navy,United States Marine Corps,United
States Air Force, commissioned Corps of the National Oceanic and Atmospheric
Administration,or the commissioned corps of the Public Health Service, shall be
entitled to be absent from his or her duties and service from the City without pay
as required by state and federal law. Said leave shall be granted for no more than
five cumulative years, consistent with the federal Uniform Services Employment
and Reemployment Act.
B. Leave while on duty with the armed forces or Utah National Guard. Employees
covered by this Compensation Plan who are or who shall become members of the
reserves of a federal armed forces, including United States Army, United States
Navy, United States Marine Corps, United States Air Force, and the United States
Coast Guard, or any unit of the Utah National Guard, shall be allowed full pay for
all time not in excess of 11 working days per calendar year spent on duty with
such agencies. This leave shall be in addition to the annual vacation leave with
pay. To qualify, employees claiming the benefit under this provision shall provide
documentation to the City demonstrating duty with such agencies. Duty herein
need not be consecutive days of service.
C. Leave for Jury Duty. Employees shall be entitled to receive and retain statutory
juror's fees paid for jury service in the State and Federal Courts subject to the
conditions hereinafter set forth. No reduction in an employee's salary shall be
made for absence from work resulting from such jury service. On those days that
an employee is required to report for jury service and is thereafter excused from
such service during his or her regular working hours from the City,he or she shall
forthwith return to and carry on his or her regular City employment. Failure to so
return to work shall result in the forfeiture of that day's pay by such employee.
X. INJURY LEAVE
A. Injury Leave. The City shall establish rules governing the administration of an
injury leave program for executive employees of the Operations Division of the
Department of Airports who are required to carry firearms as part of their jobs,
under the following qualifications and restrictions:
1. The disability must have resulted from a documented injury arising out of
the discharge of official duties and/or while exercising some form of
necessary job related activity as determined by the City;
2. The employee must be unable to return to work due to the injury as
verified by a licensed physician acceptable to the City;
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3. The leave benefit shall not exceed the value of the employee's net salary
during the period of absence due to the injury, less all amounts paid or
credited to the employee as Workers' Compensation, social security, long
term disability or retirement benefits, or any form of governmental relief
whatsoever; -
4. The value of benefits provided to employees under this injury leave
program shall not exceed the total of$5,000 per employee per injury;
unless approved in writing by the Mayor upon receipt of an acceptable
treatment plan and consultation with the City's Risk Manager;
5. The City's Risk Manager shall be principally responsible for the review of
injury leave claims provided that appeals from the decision of the City's
Risk Manager may be reviewed by the Director of the Department of
Management Services who may make recommendations to the Mayor for
final decisions;
6. If an employee is eligible for Workers' Compensation as provided by law;
and is not receiving injury leave pursuant to this provision, said employee
may elect in writing to the Director of Management Services to use either
accumulated sick leave or hours from the Plan`B"retirement account, if
applicable and authorized vacation time to supplement Workers'
Compensation so that the employee is receiving the employee's regular net
salary.
XI. ADDITIONAL LEAVES OF ABSENCE.
Additional leaves of absence may be requested in writing and granted an employee at the
discretion of the Department Director or Mayor.
XII. INSURANCE
A. Group Insurance. Employees of the City will be required to enroll for single
coverage may participate in the City's group medical insurance plan in conformity
with and under the terms of an insurance plan adopted by ordinance.the City, as
permitted by ordinance. The City will provide the employee a basic term life and
accidental death plan. The City will also make available other bonafide benefit
programs. Retired City ployccs,employees and their eligible dependentsether
persons may also be permitted to participate in the City's medical, dental plans
under terms and conditions set forth by ordinanccestablished by the City. The
City shall cause the specific provisions of the group plan to be detailed and made
available to the employees. The City willmay deduct from each payroll all
moneys necessary to fund the employee share of insurance coverage and make all
payments necessary to fund the plan within budget limitations established by the
City Council.
B. The City will participate in the Nationwide Post Employment Health Plan, as
adopted by the City by ordinance. The City will contribute $600.08 per year
cprorated per employee's biweekly pay period) into each employee's Nationwide
Post Employment Health Plan account.
XIII. WORKERS' COMPENSATION
14
A. In addition to the foregoing, the Mayor may provide for Workers' Compensation
coverage to the employees under applicable provisions of State statute.
XIV. LONG TERM DISABILITY COMPENSATION
A. Optional long term disability is available to employees eligible under the City's
Long Term Disability Program(Income Protection Program), subject to the terms
and conditions of the plan. This program provides continuation of income to
employees of the City who are permanently and totally disabled as defined under
the program.
13, The City, at its own expense, shall�have the right and opportunity to require an
re ,•ably necessa to Et��`f' a empploy ' l• ib l t _+' - ,7
eligibility for Long Term Disability benefits. An employee reusing such
the benefits provided by this Long Term
Disability Program.
C. Refusal to submit to treatment fer disabilities while receiving benefits under the
T - D' bil'tt D h ll b ,a f + t'
specified under the program.
D. When an injury for which compensation is payable under the Long Term
employe-of the Cite r t ' 1J6iVli l +, th City may require an
Fond,+.. o f repo pt o f c et ti
' y l,e11
XV. SEPARATION FROM SERVICE
A. Social Security Adopted. The City hereby adopts the provisions of the Federal
Social Security system and applies and extends the benefits of the old age and
survivor's insurance of the Social Security Act to employees.
B. Retirement Programs. The City hereby adopts the Utah State Retirement System
for providing retirement pensions to employees covered by the plan. The City
may permit or require the participation of employees in its retirement program(s)
under terms and conditions established by the Mayor and consistent with state
law.. Such programs may include:
1. The Utah State Public Employees' Retirement System(Contributory and
Non-Contributory)
2. Deferred Compensation Programs
3. Retirement Incentive Programs
C. The 2004-2005 fiscal year retirement contribution rates for employees covered by
this paragraph are shown in Appendix C.
( CD. At-Will Employees
15
Executives and other persons in appointed positions are not eligible for layoff
benefits because they are "appointed," "at will" employees serving at the pleasure
of the Mayor(or City Council for employees of the Office of the City Council).
DE. Separation from Employment Due to Resignations or Otherwise.
1. Every employee who is separated from City employment for any reason shall
be paid for:
a. Earned vacation time accrued, unused, and unforfeited as of the
date of termination;
b. Unused compensatory time off; and
c. If a participant in"Plan B,"any accrued and unused personal leave
in accordance with paragraph VIII.E.5.of this chapter.
d. The balance of the sick leave account specified in XVI.A.1.a., if
appointed before January 1, 1989.
XVI. SEVERANCE BENEFIT
A. Subject to availability of funds,Executive employees shall receive the following
severance benefit on termination of their employment:
1. Current Executive Employees, Who Were Appointed as Executives Before
January 1, 1989. Current Executive employees,who were appointed as
Executives before January 1, 1989, shall receive a severance benefit
determined as follows:
a. Executive employees who have an account, established by prior
City policy, and which was credited with a cash value equal to the
total accrued sick leave hours available to the employee on
December 31, 1988,multiplied by said employee's hourly rate of
pay in effect on December 31, 1988, are vested in that account.
The hours included in this account are separately accounted for and
are not included in the"Plan B Retirement Benefit"under
VIII.E.9.a.
Upon the voluntary or involuntary termination of employment from
the City,these Executive employees shall receive, at the time of
separation,the cash value of their vested account. However,
Executive employees,may, during their employment, use the hours
in that account for sick leave purposes, although such use will
reduce the cash value of the account.
b. Current Executive employees, appointed before January 1, 1989,
who are terminated not for cause shall receive, as a severance
benefit, in addition to subparagraph A.1.a. above: One month's
16
base salary pay, determined on the effective date of termination, for
each year of City employment calculated on a pro-rata basis,not to
exceed 6 months' base salary. This additional severance benefit
shall be provided only if the termination from City employment is
involuntary.
2. Current Executive Employees Appointed As Executives on or After
January 1, 1989, and before January 1,2000. Executive employees,
appointed as Executives on or after January 1, 1989 and before January 1,
2000,who are terminated not for cause, shall receive a severance benefit,
but only for an involuntary termination from City employment.
The severance benefit for said employees shall be: One month's base
salary pay, for each year of City employment before January 1,2000,
calculated on a pro-rata basis, not to exceed 6 months' salary.
3. Current Executive Employees Appointed As Executives on or After
January 1, 2000. Executive employees, appointed as Executives on or
after January 1, 2000,who are terminated not for cause, shall receive a
severance benefit,but only for an involuntary termination from City
employment.
a. Except for the position of Chief Administrative Officer,the
severance benefit for said employees shall be: One week's base
salary pay, determined on the effective date of termination, for
each year of City employment calculated on a pro-rata basis,not to
exceed 6 weeks' base salary.
b. The severance benefit for Chief Administrative Officer shall be:
One month's base salary pay, determined on the effective date of
termination, for each year of City employment calculated on a pro-
rata basis, not to exceed 6 months' base salary.
4. Exception: The Mayor,with the prior written advice and consent of the
City Council,may in a writing filed with the City Recorder, grant a larger
severance benefit than specified under 3. above,if one is necessary to meet
employment market conditions or where it would be in the City's best
interests to do so.
5. Not Eligible for Benefit. The severance benefit provided herein shall not
be granted to the following employees:
a. An employee who, at the time of termination of employment,has
been convicted,indicted, charged or is under active criminal
investigation concerning a public offense involving a felony or
17
moral turpitude. This provision shall not restrict the award of full
severance benefits should such employee subsequently be found
not guilty of such charge or if the charges are otherwise dismissed.
b. An employee who has been terminated or asked for a resignation
by the Mayor, Chief Administrative Officer or Department
Director under bona fide charges of nonfeasance,misfeasance or
malfeasance in office.
6. Replaces Retirement Election. An employee who elects and is paid a
benefit by the City pursuant to retirement election is not eligible to receive
a severance benefit as provided herein, except as provided under paragraph
A.1.a. above.
XVIII. AUTHORITY OF THE MAYOR
Employees covered by this compensation plan may be appointed, classified, and
advanced under rules and regulations promulgated by the Mayor, or the Civil Service
Commission, if applicable,within budget limitations established by the City Council.
XIX. APPROPRIATION OF FUNDS
All provisions in this compensation plan that involve the expenditure of funds are subject
to appropriation of funds for such purposes.
18
•
APPENDIX A— ELECTED OFFICIALS SALARY SCHEDULE
Bi-Weekly Rates
July 1, 2003 2004
Mayor $3,907.20
Council $781.44
Members
APPENDIX B - EXECUTIVE SALARY SCHEDULE
Bi-Weekly Rates
'ul�T�Amencle414aMuary 13, 2004 July 1, 2004
Range
Class Range Min Range Mid Base Max Range Max Position
099 $ 5,012.00 $ 6,515.20 $7,167.20 $ 8,018.40 Executive Director of Airports
001 $ 3,453.60 $ 4,485.60 $4,934.40 $ 5,517.60 City Attorney
Chief Adm. Officer/Director, Mgt. Services
002 $ 3,152.00 $ 4,093.60 $4,503.20 $ 5,035.20 Chief of Police
Director- Public Utilities
Director- Public Services
Fire Chief
Director- Community& Economic Development
Executive Director-City Council
Deputy City Attorney
003 $ 2,978.40 $ 3,843.20 $4,227.20 $ 4,707.20 Chief of Staff
Senior Advisor
Senior Advisor for Economic Development
Executive Assistant Chief- Police
Deputy Director- Public Services
Deputy Director- Management Services
Deputy Director- Public Utilities
Director of Operations-Airport
Director-Adm. & Commercial Services
Director- Finance&Accounting-Airports
City Engineer
City Prosecutor
Chief Information Officer
Director, Redevelopment
004 $ 2,711.20 $ 3,498.40 $3,848.00 $ 4,285.60 Assistant Chief- Police
Deputy Fire Chief
Planning Director
Deputy Director-City Council
Deputy Director-DCED
Division Director- Human Resources Mgt.
Director-Budget& Policy
Planning, Env. & Capital Prog. Director
Finance Director
Director of Airport Maintenance
Director of Engineering-Airport
005 $ 2,563.20 $ 3,307.20 $3,637.60 $ 4,050.40 Building Official
Transportation Engineer
Administrator- Public Utilities Fin. &Admin.
Chief Engineer- Public Utilities
Adm. Services Director- Public Services
Water Quality&Treatment Administrator
City Treasurer
Director, Housing & Neighborhood Development
Assistant to Mayor-Policy& Spec. Projects
006 $ 2,379.20 $ 3,070.40 $3,376.80 $ 3,760.80 Executive Assistant to Mayor
Recreation Director
Justice Court Judge
Director of Youth Programs
City Recorder
Director- PR/Marketing -Airport
APPENDIX C EXECUTIVE RETIREMENT
UTAH STATE RETIREMENT CONTRIBUTIONS FY 2003/2001 2004/2005
TOTAL EMPLOYEE TOTAL
UTAH STATE EMPLOYEE CONTRIBUTION EMPLOYER GRAND TOTAL
RETIREMENT SYSTEM CONTRIBUTION PAID BY CITY CONTRIBUTION CONTRIBUTION
Exempt Plan
Department Heads 0 0 18% 18%
Mayor 0 0 18% 18%
Mayor's Chief of Staff 0 0 18% 18%
Up to two additional senior
executives in the Mayor's Office
as specified by the Mayor 0 0 18% 18%
Executive Director, City Council 0 0 18% 18%
Specified Exempt Executives 0 0 13% 13%
Other Executives
Public Employee Contributory
Retirement System 0 6.00% 5.61% 7.08% 11.61% 13.08%
Public Employee Non-
Contributory Retirement System 0 0 9.62% 11.09% 9.62% 11.09%
All or a portion of the Exempt Plan contributions may be contributed to a 401 or 457 deferred compensation plan
APPENDIX D
Note: The following City policy was in effect on the date of this plan's adoption. It is included
here for information of employees. The City's FMLA policy may change during the term of this
plan. Also,portions of the policy may be determined invalid by the courts. The City and its
employees will comply with the Family Medical Leave Act, as defined in applicable law or -
regulation, and as interpreted by the courts. The inclusion of the City's policy in this plan is not
intended to and does not create substantive rights for employees.
SALT LAKE CITY POLICY MANUAL
FAMILY AND MEDICAL LEAVE ACT POLICY 3.01.07
GENERAL PURPOSE: To explain the circumstances under which eligible employees
may take up to 12 weeks of unpaid,job-protected leave per 12 month period for certain
family and medical reasons.
I. THE FAMILY AND MEDICAL LEAVE ACT ("FMLA")IS A FEDERAL LAW
A. Entitles eligible employees to job protected,unpaid leave for up to 12 weeks per
qualifying 12 month period for certain qualifying events and health conditions
B. Provides for continuation of group health plan benefits during FMLA leave
C. Restores the employee to the same or an equivalent job upon return to work
D. Protects the employee from discrimination as a result of taking FMLA leave
II. QUALIFYING EVENTS FOR WHICH FMLA CAN BE TAKEN
A. The birth or adoption of a child;
B. Placement of a foster child in the employee's home;
C. A serious health condition of the employee; or
D. The care for a spouse, child or parent with a serious health condition.
III. FMLA LEAVE WHEN HUSBAND AND WIFE BOTH WORK FOR THE CITY
A. A husband and wife who are eligible for FMLA leave and are both employed by
the City are limited to a combined total of 12 weeks of leave during the 12 month
period if the leave is taken:
1. for the birth of a child or to care for the child after the birth;
2. for the placement of a child with the employee for adoption or foster
care,or to care for the child after placement; or
3. to care for the employee's parent with a serious health condition.
B. Where the husband and wife both use a portion of the total 12 week FMLA leave
entitlement for one of the purposes set forth in IIIA, above, the husband and wife
each are entitled to the difference between the amount he/she has taken
individually and 12 weeks for FMLA leave for a qualifying event other than those
identified in IIIA.
1
APPENDIX D
IV. EMPLOYEE ELIGIBILITY
To be eligible for FMLA leave, the employee must be:
•
A. employed by the City for at least 12 months and
B. employed by the City for a minimum of 1250 compensable work hours as
determined under the Fair Labor Standards Act during the 12 month period
immediately preceding the commencement of the leave.
V. 12 MONTH PERIOD DURING WHICH FMLA LEAVE CAN BE TAKEN
The 12 month period during which the 12 weeks of FMLA leave can be taken is
measured forward from the date the employee's first FMLA leave begins.
VI. EMPLOYEE RESPONSIBILITIES
An employee will:
A. Provide notice to his/her supervisor of the need for leave:
1. for leave that is foreseeable— at least 30 days in advance;
2. for leave that is unforeseeable—as soon as is practicable.
B. Advise his/her supervisor if the leave is to be taken intermittently or on a reduced
leave schedule basis.
C. Provide medical certification for leave taken as a result of a serious health
condition of the employee or of a serious health condition of the employee's
spouse,parent or child,if requested by the City's designee.
1. Failure by the employee to comply with the certification
requirements may result in a delay in the start of FMLA leave, a delay in
the restoration of the employee to his/her position, or unprotected leave
status.
D. Comply with arrangements to pay the employee-paid portion of the group health
plan benefit premiums (See Section XI).
E. Periodically advise his/her supervisor, at least every 30 days, of his/her condition,
or the condition of his/her spouse, child or parent, and the intent to return to work
at the conclusion of leave.
F. Notify his/her supervisor of any changes in the circumstances for which leave is
being taken.
G. Provide his/her supervisor with a fitness for duty certification if required by
his/her supervisor, timekeeper, or HR consultant upon the employee's return to
work following the employee's serious health condition.
VII. THE CITY'S RESPONSIBILITIES
As the employer, the City, through its designees, will:
A. Maintain coverage of group health plan benefits at the level and under the
conditions coverage would have been provided if the employee had continued in
employment without utilizing FMLA leave.
2
APPENDIX D
B. Determine and notify the employee whether the leave will be counted against the
employee's FMLA leave entitlement.
C. Provide the requirements for furnishing medical certification for a serious health
condition of the employee or for the serious health condition of a parent, child, or
spouse of the employee and the consequences for failing to do so;
D. Notify the employee of the requirement to substitute paid leave for the FMLA
leave.
E. Notify the employee of the requirements for making the employee-paid portion of
group health plan benefit premium payments and the consequences for failing to
make timely payments.
F. Notify the employee of the requirements to submit a fitness for duty certificate to
be restored to employment.
G. Notify the employee of his/her status as a"key employee,"if applicable(See,
XIID).
H. Notify the employee of his/her right to return to his/her position or an equivalent
position when leave is completed.
I. Notify the employee of his/her potential liability to reimburse the City for the
employer-paid group health plan benefit premium payments made while the
employee is on unpaid FMLA leave, if the employee fails to return to work after
the FMLA leave.
VIII. MEDICAL CERTIFICATION
A. The City will require medical certification of any serious health condition of the
employee or of the serious health condition of the employee's spouse, parent or
child.
B. If the leave is foreseeable, the employee should provide the medical certification
prior to taking the leave.
C. If the leave is not foreseeable, the employee shall provide medical certification
within 15 days after being requested to do so by the City's designee.
D. An employee on approved FMLA leave will be required to inform his/her
supervisor every 30 days regarding his/her status and intent to return to work
upon the conclusion of the leave(See, also, Section VI E).
E. The City reserves its right to require, at its own expense, second and third medical
opinions, as specified by the FMLA.
IX. USE OF PAID LEAVE IS REQUIRED BEFORE TAKING UNPAID FMLA
LEAVE
The City requires all employees utilizing FMLA leave to exhaust their paid leave
allotments prior to taking FMLA leave unpaid. The paid leave parameters are defined
by the employee's contract or compensation plan.
A. FMLA leave for qualifying events, other than the serious health condition of the
employee
1. Plan A
3
APPENDIX D
a. paid leave comes first from dependent leave, in the amount
allowed in the contract/compensation plan.
b. the remaining leave comes from the employee's vacation time.
2. PlanB
a. either personal leave time and/or vacation time can be used
b. severance account hours can be used in the same manner as sick
leave hours are allowed under Plan A.
B. FMLA leave for the serious health condition of the employee
1. Plan A
a. paid leave comes first from hospital leave(when appropriate);
b. followed by all sick leave
c. followed by vacation time
2. Plan B
a. paid leave will be provided when appropriate from the Short Term
Disability Insurance Program
b. personal leave, severance account hours, and vacation time will
then be utilized in that order.
C. Compensatory time may be used for an FMLA reason but any period of leave
paid from the employee's accrued compensatory time account will not be
counted against the employee's FMLA leave entitlement.
D. Leave taken for a serious health condition covered under Workers'
Compensation will be counted towards an employee's FMLA entitlement.
Accrued paid leave may be used at the same time the employee is collecting a
Workers' Compensation benefit only to the extent that it allows the employee to
collect 100% of his/her net salary.
X. INTERMITTENT LEAVE
A. Leave may be taken intermittently or on a reduced leave schedule when medically
necessary for medical treatment of a serious health condition, for recovery from
such treatment or from the serious health condition, or when the serious health
condition of a spouse,parent or child of the employee requires intermittent
treatment and requires the employee's care and/or involvement in the treatment
and or the care of the parent, child, or spouse.
1. When the need for intermittent or reduced schedule FMLA leave is
foreseeable, the employee must make reasonable attempts to arrange
the schedule of the leave so as not to unduly disrupt the City's
operations.
B. The employee taking intermittent leave under the FMLA may be required to
transfer temporarily to an available alternative position for which the employee is
qualified. The alternative position must have equivalent pay and benefits and
better accommodate recurring periods of leave than the employee's regular
position. FMLA leave taken for the birth or adoption of a child or for the
placement of a foster child in the employee's home cannot be taken on an
intermittent or reduced leave schedule.
4
APPENDIX D
XI. BENEFITS WHILE ON FMLA LEAVE
A. For the duration of FMLA leave, the City will pay the City-paid portion of the
premiums for group health plan benefit coverage, which includes medical
insurance coverage, Basic Employee Term Life Insurance, and Short Term
Disability Insurance, subject to Section XIA3.
1. While on FMLA leave utilizing paid leave, the employee-paid portion of
the group health plan benefit premiums are deducted from employee's
check as usual.
2. When FMLA leave is unpaid, the employee must contact the Benefits
Section of Human Resources (535-7900) to make arrangements to pay the
employee portion of the insurance premiums. The employee and
employer will agree in writing as to the way the employee-paid portion of
the group health benefit plan premium payments will be paid, under the
four allowable options:
a. Payment would be due at the same time as it would be
made if by payroll deduction;
b. Payment would be due on the same schedule as payments
are made under COBRA;
c. Payment would be prepaid pursuant to a cafeteria plan at
the employee's option; or
d. Prepayment of the employee-paid portion of the group
benefit plan premiums through increased payroll
deductions before the leave is taken, when the need for
unpaid FMLA leave is foreseeable, or payment of the
employee-paid portion of the group benefit plan premiums
through increased deductions after the employee returns to
work following unpaid FMLA leave when the need for
unpaid FMLA leave is not foreseeable.
3. If the employee-paid portion of the group health plan benefit
premium is more than 30 days late,the City's obligation to maintain
group health plan insurance coverage will cease.
a. The City, through its designee, will provide written notice
at least 15 days prior to the date coverage will be cancelled
that payment has not been received.
b. The employee will have 15 days after the date of
notification, or 30 days from the date the premium was due,
whichever is greater, to make the required premium
payment(s).
c. If the employee fails to pay his/her portion of the group
health plan benefit premium(s), the employee will lose
his/her group health plan benefit coverage.
B. The City is not responsible for maintaining non-health care related benefits paid
directly by the employee through voluntary deductions (dental, supplemental and
dependent life insurance, accident insurance plans, or LTD). It is the employee's
responsibility to make arrangements through the Benefits Section of Human
5
APPENDIX D
Resources (535-7900) for the payment of those benefit premiums when on unpaid
FMLA leave.
C. If an employee fails to return to work after unpaid FMLA leave has ended, the
employee shall reimburse the City all City-paid group health plan benefit
premiums it paid on behalf of the employee unless the failure to return from leave
is due to:
1. the continuation, recurrence, or onset of a serious health condition
of the employee or the employee's family member which would
otherwise entitle the employee to leave under FMLA;
2. other circumstances beyond the employee's control.
D. An employee is considered to have returned to work following FMLA leave if
he/she returns for at least 30 calendar days.
E. An employee's seniority will not be interrupted if the employee utilizes paid leave
while on FMLA leave. Once paid leave is exhausted,no seniority or pension
credit will be accumulated for the unpaid FMLA leave time. Upon return from
unpaid leave the employee's seniority will continue where the accumulation left
off.
XII. RETURN TO WORK AFTER FMLA LEAVE
A. Upon return to work following FMLA leave, the employee must provide a
medical certification of the employee's fitness to return to work if the FMLA
leave was taken for the employee's own serious health condition.
B. If the employee fails to provide a fitness certificate after being notified by the City
of the need for the certificate,the City, through its designee,may delay the
employee's return to work until the fitness certificate is provided.
C. An employee will be returned to his/her job or an equivalent job with equivalent
pay, benefits, and working conditions, if the original job is not available.
D. Key employees that earn salaries in the top ten percent of Salt Lake City
Corporation's workforce and whose return would cause "substantial and grievous
economic injury"or hardship to the City's operations, may not be reinstated.
E. The City may take any personnel action/decision that would have happened if the
employee had continued to work while the employee is on FMLA leave.
Effective Date: March 29, 2000
6