040 of 2007 - approving the Compensation Plan for “900 Series” City employees 0 07-1
0 07-9
SALT LAKE CITY ORDINANCE
No. 40 of 2007
(Approving the Compensation Plan for
"900 Series" Employees
of Salt Lake City)
AN ORDINANCE APPROVING A COMPENSATION PLAN FOR"900
SERIES" EMPLOYEES.
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"900 Series" Employees. 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, 2007.
Passed by the City Council of Salt Lake City, Utah, this 12th day of
June , 2007.
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CHAIRPERSON
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ATTEST:
CHIEF DEPUTY C Y CORDER
Transmitted to the Mayor on June 14, 2007
Mayor's Action: Approved. Vetoed.
MA O
ATTEST:
" - APPROVED AS TO FOESM
Salt Lake City Attorney's Office
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Bill No. 40 of 2007. ���''
Published: July 1, 2007
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COMPENSATION PLAN FOR SALT LAKE CITY CORPORATION FIRE DEPARTMENT
"900 SERIES" EMPLOYEES
EFFECTIVE DATE
The provisions of this plan shall be effective commencing July 1, 2007.
II. EMPLOYEES COVERED BY THIS PLAN
Employees subject to this plan shall be employees classified as "900 Series""Exempt"
Battalion Chiefs and"Non-Exempt"Fire Captains. As used in this Compensation Plan,
"Exempt" shall mean employees who are defined by §213 of the Fair Labor Standards
Act (the "Act") as exempt fium the Act's overtime provisions. "Non-Exempt" employees
shall mean employees who are covered by the overtime provisions of the Act. Employees
are not covered by the paid leave and longevity payment 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 and longevity benefits, as
provided by city ordinance.
III. WAGES AND SALARIES
A. 1. To the degree that funds permit,employees classified as "900 Series" Fire
Department employees shall be paid monthly salaries that:
a. Achieve equal pay for equal work; and
b. Attain comparability of City salary ranges to salary ranges used by
other public employers.
2. Based on periodically conducted market surveys, the Mayor shall
determine the comparability of City salary ranges to salary ranges used by
other public employers for similar work. .
3. Salary surveys shall measure total compensation including salaries and
wages,paid leave, group insurance plans,retirement, and all other benefits
provided to employees.
4. The compensation plans may provide salary range widths that reflect the
normal growth and productivity potential of employees within a job
classification.
5. The Mayor shall develop policies and guidelines for the administration of
the pay plans.
B. Effective July 1, 2007 to June 30, 2008, "900 Series"Fire Department employees
shall be paid monthly salaries according to APPENDIX "A."
C. The foregoing shall not restrict the Mayor from distributing appropriated monies
to employees of the City in the form of retirement contributions; or lump sum
supplemental, payments in recognition of emergencies, special projects or other
extraordinary circumstances. Lump sum payments are recommended by the Fire
Chief and are subject to the Mayor's approval. Additionally,nothing in the
foregoing shall restrict the Mayor from classifying or advancing employees under
rules established by the Mayor.
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IV. LONGEVITY PAY
A. Employees who have completed 6 full years of employment with the City, shall
receive a monthly longevity benefit in the sum of$50.00. Said benefit shall be
$75.00 per month for employees who have completed 10 full years of employment
with the City. Said benefit shall be$100.00 per month for employees who have
completed 16 full years of employment with the City. Said benefit shall be
$125.00 per month for employees who have completed 20 full years of
employment with the City. The computation of longevity pay shall be based on
the most recent date the person became a full-time salaried employee.
B. Longevity paid to employees pursuant to paragraph IV.A shall be deemed
included within base pay for purposes of pension contributions.
C. The benefit under this Article IV is paid pro-rata each bi-weekly pay period,based
on the most recent date the person became a full-time salaried employee.
Employees do not earn or receive longevity payments while on unpaid leave of
absence. Upon return from an approved,unpaid leave of absence, longevity
payments will resume on the same basis as if the employee had not been on such
leave of absence.
V. OVERTIME COMPENSATION
A. Employees classified as non-exempt Fire Captains who are authorized and
required by their supervisors to perform City work on an overtime basis shall be
compensated according to City policy and the Fair Labor Standards Act(FLSA)
by overtime pay or compensatory time off.
B. The employee may request compensatory time in lieu of cash subject to approval
of the Fire Chief or the Chiefs designee. Employees regularly assigned to the
combat division may not accrue more than 480 hours of compensatory time for
hours worked after April 15, 1986. Employees not in the combat division may not
accrue more than 240 hours of compensatory time for hours worked after April
15, 1986. Any such employee who, after April 15, 1986,has accrued 480 or 240
hours, as the case may be,of compensatory time off, shall, for additional overtime
hours of work,be paid overtime compensation.
C. Only hours actually worked shall be used in the calculation of overtime. It shall
be at the discretion of the Fire Chief or the Chiefs designee, subject to the
limitations of the FLSA and City policy,to determine whether an employee
receives cash payment or compensatory time off. All overtime work must be pre-
authorized.
1. A Fire Captain regularly assigned to a combat crew shall be paid at a
premium overtime rate of one and one-half the day rate for all work
performed outside of any combat crew shift. Combat crew shift work
includes all work performed by a Fire Captain during a shift period,but
does not include holdover work performed immediately after the
conclusion of a Fire Captain's combat crew shift. When a fire Captain is
required to holdover at the conclusion of a combat crew shift,the Fire
Captain shall be paid at a premium rate twice the combat rate of pay for all
holdover work.
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val. ALLOWANCES
A. Meal Allowance. During emergencies or extraordinary circumstances the Fire
Department shall provide adequate food and drink to maintain the safety and
performance of Fire Department Employees.
B. 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.
C. Automobiles.
1. The Mayor may authorize,under City policy,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 the rate specified in City policy. Mileage
forms are to be submitted on at least an annual basis.
D. Uniforms. Uniforms and other job-related safety equipment shall be provided as
needed. Employees may select uniforms and related equipment from the
approved list and shall for this purpose be provided$475 per yearor the amount
received by the 400 Series employees, if greater. Dangerous or contaminated
safety equipment shall be cleaned, repaired, or replaced by the Fire Department.
E. Heavy Rescue, Swift Water, and Hazardous Materials. Fire Captains regularly
assigned to Heavy Rescue, Swift Water,or Hazardous Materials, and who have
completed the minimum requirements for certification to effectively lead Heavy
Rescue, Swift Water, or Hazardous Materials operations shall receive an
additional allowance of$50.00 per month or the allowance received by 400 Series
employees for the same involvement, if greater. This will be for no more than one
Swift Water Fire Captain,two Heavy Rescue Fire Captains, and two Hazardous
Materials Fire Captains per platoon.
IX. CAPTAINS' HOURS OF SERVICE
A. Whenever public safety interests demand,the Chief or designee of the Fire
Department may require an employee to perform work beyond the employee's
regularly scheduled duties. Whenever possible,Fire Department employee
volunteers will be solicited. Forty hours within a seven-day week shall constitute
a normal work period for all Fire Department employees,except employees
assigned to the Combat Division. Employees regularly assigned to duty in the
Combat Division shall perform their work during scheduled duty shifts; each
consisting of 24 consecutive hours on duty at assigned Fire Department
employment locations. Therefore,the parties agree that for employees assigned to
the Combat Division,twenty-seven(27)days shall constitute a normal work
period.
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B. Exchange of Time. Fire Department employees may exchange time in accordance
with provisions outlined in the Fair Labor Standards Act(substitution of work
scheduled) and when the exchange does not interfere with the operation of the
Fire Department, which includes employee responsibilities such as maintaining
training and proficiency requirements,subject to the approval of the Fire
Department employee's supervisor.
X. HOLIDAYS AND VACATION
Full-Time employees shall receive holidays and vacation as provided in this paragraph X.
The Mayor shall provide,by policy,the specific terms and conditions upon which such
holidays and vacation are to be made available to employees. Employees do not earn or
receive holiday and vacation benefits 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.
A. Holidays. 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:
1. New Year's Day,the first day of January.
2. Martin Luther King,Jr. Day,the third Monday of January.
3. President's Day, the third Monday in February.
4. Memorial Day,the last Monday of May.
5. Independence Day,the fourth day of July.
6. Pioneer Day, the twenty-fourth day of July.
7. Labor Day, the first Monday in September.
8. Veteran's Day, the eleventh day of November.
9. Thanksgiving Day, the fourth Thursday in November.
10. The Friday after Thanksgiving Day.
11. Christmas Day,the twenty-fifth day of December.
12. One personal holiday, taken upon request of the employee and at the
discretion of the supervisor.
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 employees in the combat division of the Fire Department, the
following schedule shall apply:
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Years Shifts of vacation per year
of for Combat Fire
City Service Employees
0 to end of year 3 5
4to6 6
7 to 9 7.5
10 to 12 9
13 to 14 10
15 to 19 11
20 or more 12.5
3. For employees(other than combat fire personnel)the following schedule
shall apply:
Years Hours of Vacation Accrued
of Per Biweekly
City Service Pay Period
0 to end of year 3 3.08
4 to 6 3.69
7 to 9 4.62
10 to 12 5.54
13 to 15 6.15
16to 19 6.77
20 or more 7.69
For any plan year in which there are 27 pay periods,no vacation leave
hours will be awarded on the 27th pay period.
4. Employees may accumulate vacations, (including both accrued vacation
and sick leave conversion time), according to the length of their full-time
Years of City Service up to the following maximum limits:
After 6 months Up to 30 days/15 shifts(240 hours)
After 9 years Up to 35 days/17.5 shifts (280 hours)
After 14 years Up to 40 days/20 shifts(320 hours)
"Days," herein,means "8 hour" days. "Shifts,"herein,means "24 hour"
combat shifts.
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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. Years of City Service shall be based on the most recent date the person
became a Full-Time employee.
6. Vacation Buy Back. The City may purchase within any calendar year up
to,but not exceeding, 80 hours of accrued vacation time,to which an
employee is entitled,with the consent of said employee and upon
favorable written recommendation of the Fire Chief and approval of the
Chief Administrative Officer. Said purchase of accrued vacation time may
be authorized, in the discretion of the City, when, in its judgment, it is
demonstrated that:
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; and
c. There are sufficient funds in the Department budget to pay for the
vacation time as certified by the City Management Services
Director or designee, without disturbing or interfering with the
delivery of City services
7. The foregoing,notwithstanding, under no circumstances may the City
purchase more than five shifts for combat fire employees (80 hours for
non-combat employees)of earned but unused vacation time from an
employee during any 12 month period.
8 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. However,under no circumstances shall any
overtime compensation be paid, computed or accrued by virtue of the City
authorizing an employee to work a vacation period and receive cash
payment therefor in lieu of use.
9. 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.
XI. 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
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jobs and health care benefits for eligible employees who need to be off work for
certain"family and medical"reasons. APPENDIX C 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 XI. 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. Full-Time employees shall receive benefits in this section either under a plan as
provided in paragraph XI.F. (Plan"A"), or as provided in paragraph XI.F. (Plan
ccBsa)
C. 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, except as provided in paragraph XI.D.
D. Employees participating in Plan A, who were hired on or before November 16,
1997,may,during an election period beginning July 1, 2007 and ending
September 30, 2007, choose to participate in Plan B effective November 4, 2007.
E. Plan"A."
1. Sick Leave.
a. Sick leave shall be provided for 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 law, duplicative payments.
b. Each salaried employee shall accrue sick leave at a rate of 6.93
hours per pay period, for combat fire employees(except for non-
combat fire employees who shall accrue sick leave at a rate of 4.62
hours per pay period). For any plan year in which there are 27 pay
periods,no sick leave hours will be awarded on the 27th 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,"employees who have accumulated 15 shifts
(for combat fire employees),or 240 hours(for non-combat
employees)may choose to convert a portion of the year sick leave
grant from any given year to vacation under the following
stipulations and schedules.
d. Eligible Combat Fire Employees' sick-leave-to-vacation
conversion schedule:
Number of Sick Number of Sick
Leave Shifts Used Leave Shifts Available
During Previous for Conversion
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Calendar Year
No shifts 4 shifts
1 shift 3 shifts
2 shifts 2-1/2 shifts
3 shifts 2 shifts
4 shifts 1 shift
5 or more shifts No shifts
e. Eligible Non-Combat employees(working 8 hour shifts)may
choose to convert up to 64 hours of the sick leave grant from any
given year to vacation. Any sick leave used during the calendar
year reduces the allowable conversion by an equal amount.
f. 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
November vacation draw. 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.
g. Any sick leave days,properly converted to vacation benefits as
above described, shall be deemed to be taken prior to any other
days of vacation time 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.
h. As stated above, authorized and unused sick leave may be
accumulated from year to year.
Employees who have accrued at least 80 hours sick leave may be
allowed to use no more than 16 hours of accrued sick leave per
calendar year for their own doctor's and/or dentist's appointments.
This leave must be taken in one hour time blocks and may only be
used upon prior approval of the employee's supervisor.
2. Hospitalization Leave
a. In addition to the sick leave authorized under this Plan"A,", each
combat fire employee shall be entitled to 15 on-duty shifts off for
hospitalization leave(except for non-combat Fire Department
employees who shall be entitled to 30 days for hospitalization
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leave) each calendar year,provided that such leave may be taken
only if, and during the period that employees are unable to perform
assigned duties because of scheduled surgical procedures, urgent
medical treatment,or hospital in-patient admission. Hospital leave
shall not accumulate from year to year. Employees may not
convert hospitalization leave to vacation or any other leave,nor
may they convert hospitalization leave to any additional benefit at
time of retirement.
b. Employees who are unable to perform their duties during a shift
due to preparations(such as fasting,rest,or ingestion of medicine),
for a scheduled surgical procedure, may report the absence from
the affected shift as hospitalization leave, with the prior approval
of their division head or supervisor.
c. 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. The employee is responsible to report the
receipt of urgent medical treatment to the employee's supervisor as
soon as practical. For purposes of use of Hospitalization Leave,
urgent medical treatment includes at-home care directed by a
physician immediately after the urgent medical treatment and
within the affected shift.
d. Employees who are admitted to a hospital as an inpatient for
medical treatment, so they are unable to perform their duties,may
report the absence from duty while in the hospital as
hospitalization leave.
e. 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.
f An employee requesting hospitalization leave under this section
may be required to provide verification of treatment or care 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,brother-in-law, sister-in-law, grandfather, step
grandfather,grandmother, step-grandmother,grandchild, or
stepgrandchild, stepchild,stepmother, stepfather, stepbrother or
stepsister,or domestic partner, as defined in Paragraph b. below, or
domestic partner's relative as if the domestic partner were the
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employee's spouse. 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. The employee
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. Satisfactory proof of such death,together with the date
thereof,the date and location of the service, and the date of burial,
must,on request,be furnished by the employees to their
supervisors.
b. "Domestic Partner"means an individual with whom an eligible
employee has a long term committed relationship of mutual caring
and support. The domestic partner must have resided in the same
household with the eligible employee for at least the past six
consecutive months, and must have common financial obligations
with the employee. The domestic partner and the employee must
be jointly responsible for each other's welfare. The domestic
partner may not be related by blood to the employee to a degree of
closeness that would prohibit legal marriage in the State of Utah.
The domestic partner benefit provided under this bereavement
benefit is not effective before February 23,2006.
c. In the event of death of an 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 servicefor such person,not to exceed one shift.
d. 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 service for such person, subject to the
approval of his/her immediate supervisor.
e. In the event the death of any member of the immediate family as
set forth in this paragraph XI.D.3(a.) occurs while an employee is
on vacation,his/her vacation will be extended by the amount of
time authorized as bereavement leave under said paragraph.
f. 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 reasons:
1. Becoming a parent through birth or adoption of a child or
children.
2. Placement of a foster child in the employee's home.
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3. Due to the care of the employee's child, spouse, spouse's
child,domestic partner(as defined in Paragraph c.below),
or domestic partner's unmarried child under age 26,or
parent with a serious health condition.
Domestic partners and domestic partners' children are not covered
by FMLA.
b. Under Plan"A,"dependent leave may also be requested by a Full-
Time employee to care for an employee's child, spouse, spouse's
child,domestic partner(as defined in Paragraph c.below),
domestic partner's unmarried child under age 26, or a parent who
is ill or injured but who does not have a serious health condition.
c. "Domestic Partner"means an individual with whom an eligible
employee has a long term committed relationship of mutual caring
and support. The domestic partner must have resided in the same
household with the eligible employee for at least the past six
consecutive months, and must have common financial obligations
with the employee. The domestic partner and the employee must
be jointly responsible for each other's welfare. The domestic
partner may not be related by blood to the employee to a degree of
closeness that would prohibit legal marriage in the State of Utah.
The domestic partner benefit provided under this bereavement
benefit is not effective before February 23, 2006.
d. The following provisions apply to the use of dependent leave by a
Full-Time 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.
4. The employee shall provide, upon request of the supervisor,
certification of birth or evidence of a child placement for
adoption,or a letter from the attending physician in the
event of hospitalization,injury or illness of a child, spouse,
spouse's child, domestic partner, domestic partner's child,
or parent within five calendar days following termination of
such leave.
5. 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 40 hours of
dependent leave used during the calendar year will not
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affect the sick leave conversion options as outlined in
paragraph XI.C.1.
6. Probationary employees are not eligible for dependent
leave.
5. Career Incentive Leave, Plan"A." Full-Time employees,who have been
in consecutive Full-Time employment with the City for more than 20
years, and who have accumulated to their credit 1500 or more sick leave
hours,may make a one-time election to convert up to 160 hours of sick
leave into 80 hours of paid Career Incentive Leave. Career Incentive
Leave must be taken prior to retirement. Sick leave hours converted to
Career Incentive Leave will not be eligible for a cash payout upon
termination or retirement even though the employee has unused Career
Incentive Leave hours available. This leave can be used for reasons such
as attending the National Fire Academy or other activity specified by the
Department. Requests for Career Incentive Leave must be submitted in
writing to the Fire Chief and be approved subject to the department's
business needs (e.g.,work schedules and workload).
6. Retirement Benefit,Plan "A."
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,Full-Time employees may elect in writing to
convert the sick leave privilege provided above to hospital and
surgical coverage. 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.
F. 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,"
personal leave shall be provided for employees as insurance against loss of
income when an 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
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injury 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 Full-Time employee under this Plan"B"shall be awarded, at the
beginning of the second pay period of November in each calendar year,
personal leave hours based on the following schedule:
Hours of Personal
Leave
Noncombat 80
Personnel
Combat 120
Personnel
Employees hired during the plan year will be provided paid personal leave
on a pro-rated basis.
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 date
of conversion. In no event shall total pay hereunder exceed 40
hours pay, or
b. Carryover to the next plan year up to 80/120(combat)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(120 combat)/5 shifts 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 hours (120
combat)/5 shifts 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, minus any adjustment necessary
after calculating the"prorated amount,"shall be paid to the employee at 50
percent of the hourly base wage rate on date of termination for each
unused hour. For purposes of this paragraph XI.E.5, "prorated amount"
shall mean the amount of personal leave credited at the beginning of the
plan year, multiplied by the ratio of the number of months worked in the
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plan year(rounded to the end of the month which includes the separation
date)to 12 months. If the employee, at the time of separation,has used
personal leave in excess of the prorated amount, the value of the excess
amount shall be reimbursed to the City and may be deducted from the
employee's paycheck.
6. Conditions on Use of Personal Leave are:
a. Minimum use of personal leave is one hour.
b. Except in unforseen circumstances, such as emergencies or the
employees' inability to work due to their illness or accident, or an
unforeseen FMLA-qualifying event,the employees must provide
their supervisors with prior notice to allow time for the supervisors
to make arrangements necessary to cover the employees' work.
c. For leave due to unforseen circumstances, the 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 a Full-
Time 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
stepgrandchild, stepchild, stepmother, stepfather, stepbrother or
stepsister,or domestic partner, as defined in Paragraph b.below, or
domestic partner's relative as if the domestic partner were the
employee's spouse. 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. The employee
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. Satisfactory proof of such death, together with the date
thereof, the date and location of the service , and the date of burial,
must,on request,be furnished by the employee to his or her
supervisor.
b. "Domestic Partner"means an individual with whom an eligible
employee has a long term committed relationship of mutual caring
and support. The domestic partner must have resided in the same
household with the eligible employee for at least the past six
consecutive months, and must have common financial obligations
with the employee. The domestic partner and the employee must
be jointly responsible for each other's welfare. The domestic
partner may not be related by blood to the employee to a degree of
closeness that would prohibit legal marriage in the State of Utah.
The domestic partner benefit provided under this bereavement
benefit is not effective before February 23, 2006.
15
•
c. In the event of death of a friend or a relative not listed above, said
employee may be allowed to use personal leave or vacation for
time off from scheduled working hours to attend the funeral or
memorial service for such person. Such leave is subject to the
approval of the staffing office or immediate supervisor.
8. Career Enhancement Leave,Plan"B." A Full-Time 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 one-time leave benefit 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 Fire Chief, stating the purpose of the request and how the leave is
intended to benefit the City. The request must be approved by the Fire
Chief and by the Human Resources Director who will review the request
for compliance with the guidelines outlined here).
9. Retirement/Layoff(RL)Benefit, Plan"B."
a. Full-Time employees currently covered under Plan"B"who were
hired before November 16, 1997, and who elected in 1997 to be
covered under Plan"B," shall have a retirement/layoff account
(hereinafter referred to as an"RL account") equal to sixty percent
of their accummulated unused sick leave hours available on
November 16, 1997, minus any hours withdrawn from that account
since it was established.
b. Full-Time employees who were hired before November 16, 1997
and who elected in 1998 to be covered under Plan"B,"shall have
an RL account equal to fifty percent of their accummulated unused
sick Ieave hours available on November 14, 1998,minus any hours
withdrawn after the account is established.
c. Full-Time employees who were hired before November 16, 1997
and who elected in 2007 to be covered under Plan"B,"shall have a
retirement/layoff(RL) account equal to forty percent of their
accumulated unused sick leave hours available on November 4,
2007,minus any hours withdrawn after the account is established.
d. Payment of the RL Account.
(1) All of the hours in the RL account shall be payable at
retirement or layoff as follows: The employee shall be paid
the employee's hourly rate of pay on date of termination or
layoff for each hour in the employee's RL account.
(2) In the case of retirement only, in lieu of the above,
employees may elect to convert the RL account payment as
provided herein to hospital and surgical coverage. Such
payment shall be subject to any state and federal income
and social security tax withholding required by law. An
16
employee's available RL 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.
e. Hours may be withdrawn fium the RL account for emergencies
after personal leave hours are exhausted, and with approval of the
employee's supervisor. RL account 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 Director of Management Services to use
RL account hours to supplement Workers' Compensation benefits.
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 Full-Time 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.
XII. 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,United States Coast Guard 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 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. To qualify, duty herein need
not be consecutive days of service.
C. Leave for Jury/Court Duty. Employees shall be entitled to receive and retain
statutory juror's/court fees paid for jury/court service in the State and Federal
Courts subject to the conditions hereinafter set forth. No reduction in an
employee's salary or regular wages shall be made for absence from work resulting
from such jury/court service. Any duty related court service shall be considered
17
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•
time worked,but not emergency call-back. On those days that an employee is
required to report for jury/court 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. Employees
who fail to return to work after being excused from jury duty for the day shall be
subject to discipline.
XIII. INJURY 1 FAVE
A. Injury Leave. The City shall establish rules governing the administration of an
injury leave program for employees.
1. The disability must have resulted from an 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(i.e., law enforcement, fire
fighting,medical services, etc.);
2. The employee must be unable to return to work due to the injury as
verified by a licensed physician acceptable to the City;
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 Fire Chief after receiving an acceptable
treatment plan and consulting 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 Chief Administrative Officer 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 RL account, if applicable, and
authorized vacation time to supplement Workers' Compensation so that
the employee is receiving the employee's regular net salary.
XIV. ADDITIONAL LEAVES OF ABSENCE.
Additional unpaid leaves of absence may be requested in writing and granted to an
employee at the discretion of and on conditions established by the Chief.
XV. INSURANCE
A. Group Insurance. Employees of the City will be required to enroll for single coverage
in the City's group medical insurance plan in conformity with and under the terms of
an insurance plan adopted by the City, as permitted by ordinance. The City will
provide a basic term life and accidental death plan. The City will also make available
18
other bona fide benefit programs. Retired City employees and their eligible
dependents may also be permitted to participate in the City's medical and dental plans
under terms and conditions established 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 will deduct from each payroll all monies necessary to fund employees'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. Each year, the City will contribute$24.30 per biweekly pay
period into each employee's Nationwide Post Employment Health Plan account. For
any year in which there are 27 pay periods,no such contribution will be made on the
27 pay period.
XVI. WORKERS' COMPENSATION
In addition to the foregoing, the Mayor may provide for Workers' Compensation
coverage to the employees under applicable provisions of State statute. When released by
the medical provider,light duty work is mandatory.
XVII. LONG TERM DISABILITY COMPENSATION
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.
XVIII. TRANSITIONAL DUTY.
Depending on the City's need or legal requirements employees may be placed temporarily
in a transitional duty position when illness or injury prevents them from performing his or
her regular duties. This provision applies only when there is transitional duty work
available, as decided by the Chief or the Chiefs designee.
XIX. SEPARATION FROM SERVICE
A. Social Security Adopted. Exception. 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, unless
determined otherwise by the Mayor or unless required by State or Federal law.
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 peinlit 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 Firefighters Retirement System
2. Deferred Compensation Programs
3. Retirement Incentive Programs
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C. The 2007-2008 fiscal year pension contribution rates for employees covered by
this paragraph are shown in Appendix B.
D. Layoffs. In the event of layoffs, the Salt Lake City Civil Service Commission
Rules and Regulations shall apply.
1. Employees who are subject to layoff because of lack of work or lack of
funds shall be eligible to receive:
a. One hundred percent of their accumulated unused sick leave hours,
if covered under paragraph XLD. (Plan"A"); or
b. One hundred percent of their RL account if covered under
paragraph XI.E (Plan"B").
c. Accrued unused personal leave at 50% of the employees' base
hourly rate, if covered under paragraph XI.E (Plan"B").
2. Employees in appointed positions are not eligible for layoff benefits
because they are "at will" employees.
E 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 XI.E.5 of this chapter.
XX. RECOGNITION OF THE PROFESSIONAL EMPLOYEES COUNCIL
The City recognizes the Professional Employees Council (PEC)to maximize input into
decisions regarding this Compensation Plan.
XXI. SENIORITY, PAY PREMIUMS,DIFFERENTIALS AND ALLOWANCES
For purposes of this compensation plan, "seniority" shall be defined as an employee's
uninterrupted, full time salaried employment with the City. An employee's earned
seniority shall not be lost because of absence due to authorized leaves of absence or
temporary layoffs not to exceed two years.
XXII. 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.
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XXIII. APPROPRIATION OF FUNDS
All provisions in this compensation plan that involve the expenditure of funds are subject
to appropriation of funds for such purposes.
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APPENDIX A - SALARY SCHEDULE FOR 900 SERIES EMPLOYEES
Bi-Weekly Rates
July 1, 2007
GRADE 901 - FIRE CAPTAIN
Top Level $ 2,881 .60
Level2 $ 2,776.80
Level 1 $ 2,661 .60
GRADE 902 - FIRE BATTALION CHIEF
Top Level $ 3,376.00
Level 2 $ 3,264.00
Level 1 $ 3,153.60
Change in pay level assignment depends on approval of the Fire Chief
• of ♦ r_ A N YrtYS"Vai! W'AO *fa*.mWrA .V ll '46 40,*
•
• APPENDIX B
UTAH STATE RETIREMENT CONTRIBUTIONS FY 2007-2008
TOTAL EMPLOYEE TOTAL
UTAH STATE EMPLOYEE CONTRIBUTION EMPLOYER GRAND TOTAL
RETIREMENT SYSTEM CONTRIBUTION PAID BY CITY CONTRIBUTION CONTRIBUTION
Public Employee Contributory
Retirement System 0 6.00% 7.61% 13.61%
Public Employee Non-Contributory
Retirement System 0 0 11.62% 11.62%
APPENDIX C
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
*n. e.wi.. _ .. *b6A ii4 k"f'' Yl.]
APPENDIX C
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.
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APPENDIX C
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
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APPENDIX C
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. Plan B
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 C
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
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APPENDIX C
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