042 of 2007 (2) - Compensation Plan for Regular Part-time employees of Salt Lake City 0 07-1
0 07-11
SALT LAKE CITY ORDINANCE
No. 42 of 2007
(Approving the Compensation Plan for
Regular Part-time Employees
of Salt Lake City)
AN ORDINANCE APPROVING A COMPENSATION PLAN FOR REGULAR
PART-TIME 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 Regular Part-time 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. v
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(CHAIRPERSON
ATTEST:
CHIEF DEPUTY CITY RE ORDER
Transmitted to the Mayor on June 14, 2007
Mayor's Action: X Approved. Vetoed.
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Bill No. 42 of 2007. PRPOR
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COMPENSATION PLAN FOR SALT LAKE CITY CORPORATION
REGULAR PART-TIME EMPLOYEES
I. EFFECTIVE DATE
The provisions of this plan shall be effective commencing July 1, 2007.
II. EMPLOYEES COVERED BY THIS PLAN
A. The employees covered by this Plan are employees who meet the following:
1. Regular Part-Time employees who are classified by the City as "700
Series" employees; and
2. Regular Part-Time employees who perform essentially the same duties of
employees classified by the City as "100" and "200" Series employees; and
3. Regular Part-Time employees, hired prior to July 1, 1996, who are
regularly required to work twenty(20) or more but less than forty(40)
hours a week; or
4. Regular Part-Time employees, hired on or after July 1, 1996, who are
regularly required to work twenty-four(24) or more but less than forty(40)
hours a week.
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
benefits, as provided by city ordinance.
B. This plan does not cover seasonal employees. "Seasonal" employees are
employees whose positions require them to work during a specific season of
limited duration defined by the applicable City Department.
C. 1. This plan does not cover employees who are authorized, by the City, to
job-share a full-time position. Under an authorized job-share arrangement,
the employees involved shall, pursuant to a written agreement between
them, share in the compensation and benefits normally provided to the
full-time position that is being shared. The full-time position that is being
shared shall maintain its classification and the shared compensation and
benefits shall be determined based on said classification.
2. A job share arrangement will not be authorized unless the following
occurs:
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a. The employees, who are sharing a job, have voluntarily entered
into a written agreement specifying the hours each will work and
the allocation of benefits and compensation between them; and
b. The Department Director has approved the job sharing
arrangement.
D. This plan does not cover employees who do not perform essentially the same
duties of employees classified by the City as "100" and "200" Series employees.
E. This plan does not cover"Hourly" employees whose positions require them
regularly to work less than twenty(20)hours a week.
III. WAGES
A. To the degree that funds permit, employees classified as 700 Series Regular Part-
Time employees shall be paid on an hourly basis.
B. Wages paid to employees covered by this plan shall be based on comparability to
wages paid by other public employers and private enterprises for similar work,
provided, however, that employees covered by this Plan, hired on or after July 1,
1996, shall not receive compensation higher than the entry level for the applicable
job grouping.
C. The foregoing shall not restrict the Mayor from distributing appropriated moneys
to employees of the City in the form of retirement contributions; lump sum
supplemental performance based or special supplemental payments to employees
within per annum pay limitations; or classifying and advancing employees under
rules established by the Mayor.
IV. OVERTIME COMPENSATION
Subject to Memoranda of Understanding between the City and the respective Certified
Bargaining Representatives or other approved compensation plans, employees who are
authorized and required by their supervisors to perform City work on an overtime basis
shall be compensated by pay or compensatory time off as required by the Fair Labor
Standards Act.
V. EDUCATION AND TRAINING PAY
The Mayor may adopt programs for employees covered by this Plan to promote employee
education and training, provided that all compensation incentives under such programs
are authorized within appropriate budget limitations established by the City Council.
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VI. SHIFT DIFFERENTIAL
Employees covered by this Plan may receive a shift differential based on Department
Director approval as follows:
The City shall pay an hourly premium of fifty cents ($.85) to employees who work a
regularly scheduled swing shift or night shift (starting hours between 12:00 noon and 5:59
a.m.).
VII. ALLOWANCES
A. Meal Allowance. Employees covered by this Plan shall be eligible for meal
allowances in the amount of$8.00 when said employees work 10 or more
consecutive hours, if the employees are working two hours or more beyond their
regular work schedule, as pre-approved by their supervisor. Said employees may
also receive $8.00 for each additional 4-hour consecutive period of work.
B. Automobiles.
1. The Mayor may authorize, under City policy, an employee covered by this
Plan 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 currently approved City mileage
reimbursement rate.
C. Uniform Allowance. Employees covered by this Plan shall be provided monthly
uniform allowances of sixty-five dollars ($65.00), or uniforms will be actually
provided, when the employees are required to wear uniforms in the performance
of their duties. Uniform allowances are provided on the condition that the
employees maintain their uniforms in reasonably good, clean, neat and pressed
condition. Uniforms shall have proper identification and insignias and shall not
be frayed or unsightly. Uniforms shall be in full compliance with applicable
Department regulations. Failure to maintain the uniform in accordance with the
above shall be grounds for disciplinary action, including forfeiture of uniform
allowances provided in this paragraph.
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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.
VIII. HOURS OF SERVICE
A. Hours Worked. Regular Part Time employees regularly work less than 40 hours
per work week. 40 hours shall constitute a normal work week for purposes of
overtime. Overtime work is to be discouraged. Only hours actually worked shall
be used in determining overtime. In case of emergency or whenever public interest
demands, an employee may be required to perform overtime work by a
Department director.
B. Rest Periods. Employees shall be allowed a 15-minute rest period during each
consecutive 4-hour working period, which time shall be included within the work
shift, except where extraordinary circumstances render such break impracticable.
A reasonable effort shall be made to provide such breaks near the middle of each
4-hour work period; provided,however, there shall be no additional compensation
paid to employees electing or required to forego such rest period.
C. Meal Period. Employees shall be granted a lunch period not to exceed sixty(60)
minutes during each 8-hour work shift; provided, however, said lunch period shall
be scheduled in accordance with the operational needs of the Department as
determined by the shift supervisor. No employee shall be compensated for such
periods unless the employee is required by the supervisor to be on a work site, and
is required to perform any work during such time, and then such employee shall
be paid for actual time worked. In lieu of payment, the employee may,with the
consent of the supervisor, end the work shift early by the same number of minutes
worked into the lunch break.
IX. LEAVES OF ABSENCE
Employees covered by this Plan shall receive leaves of absence as provided in this
paragraph. Employees do not earn or receive leave 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
1. The following days shall be recognized and observed as holidays for
employees covered by this plan. Such employees shall receive 4 hours of
pay at their regular rate of pay for each of the unworked holidays:
a. New Year's Day, the first day of January.
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b. Martin Luther King Day, the third Monday of January.
c. President's Day, the third Monday in February.
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. Veteran's Day, the eleventh day of November.
i. Thanksgiving Day, the fourth Thursday in November.
j. The Friday after Thanksgiving Day. (Floating holiday, see
explanation below.)
k. Christmas Day, the twenty-fifth day of December.
1. One personal holiday, taken upon request of the employee and at
the discretion of the supervisor. The probation period must be
completed before the personal holiday can be taken.
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 4 hours of holiday pay for a single
holiday. Employees must work or be on authorized leave their last
scheduled working day before and the next scheduled working day
following the holiday to qualify for holiday pay.
4. Holiday Exception. In lieu of taking the day after Thanksgiving Day as a
holiday, employees may observe this holiday up to 50 days prior to
Thanksgiving Day, provided that the date chosen is approved in writing by
the supervisor.
B. Leaves That Qualify under the Family and Medical Leave Act (FMLA) and
Vacation or Personal Leaves
1. Benefits in this section are for the purpose of continuing income to
employees during paid vacation or personal leave and absence due to
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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 B 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.
2. Employees covered by this Plan, hired on or prior to June 30, 1996, shall
receive vacation, sick leave, hospitalization leave, bereavement leave,
personal leave, if they select the option, and other benefits which are
provided to "300" and"600" Series Regular Part-Time employees in
Section XXV of the "Compensation Plan for Salt Lake City Corporation"
600 Series" and"300 Series" Exempt and Non-Exempt Professional
Employees."All the rights, terms and conditions under which the leave
benefits are provided are the same as those set out in the Compensation
Plan for"600 Series" and"300 Series"Regular Part-Time employees.
3. The Plan Year of the Personal Leave Plan begins in each calendar year on
the first day of the pay-period that includes November 15. Under this
Personal Leave Plan, covered employees,hired on or after July 1, 1996,
shall receive personal leave as specified below: 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.
a. An employee,who regularly works between 24 and 32 hours a
week, shall receive 24 hours of paid leave to be used by the
employee for any reason.
b. An employee,who regularly works more than 32 hours but less
than 40 hours a week, shall, receive 40 hours of paid leave to be
used by the employee for any reason.
c. Personal leave must be used in no less than 4-hour increments.
d. Personal leave granted herein, shall be in lieu of vacation, sick
leave, dependent leave, funeral (bereavement) leave,
hospitalization leave, dependent leave and all other paid leaves.
e. Not later than October 31 st in each calendar year, employees
covered by personal leave may elect, by notifying their
Personnel/Payroll Administrator in writing, to:
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1. Convert any unused personal leave hours available at the
end of the first pay period of November for 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 12 hours for those
employees who regularly work between 24 and 32 hours a
week, and 20 hours for those employees who regularly
work between 32 and 40 hours a week.
2. Carry over to the next calendar year up to 24 unused
personal leave hours, if an employee who regularly works
between 24 and 32 hours a week. If an employee who
regularly works between 32 and 40 hours a week, carry
over to the next calendar year up to 40 hours of unused
personal leave hours.
3. Convert a portion of unused personal leave hours, for a
lump sum payment as provided in subparagraph(1) above
and carry over a portion as provided in subparagraph(2)
above.
f. 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
benefit, "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 plan year(rounded to
the end of the month which includes the date of separation)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.
g. Short Term Disability Insurance. Protection against loss of income
when an employee is absent from work due to short term disability
shall be provided to employees covered under this Plan through
short term disability insurance (SDI). For purposes of service
credit, the SDI benefit will be prorated based on the hours an
employee is regularly required to work in a week. 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
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conditions of receiving SDI, the employee may be required to
submit to a medical examination.
C. Leave for Military Duty
1. 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.
2. 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.
To qualify, duty herein need not be consecutive days of service.
D. 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 wages 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. Employees
who fail to return to work after being excused from jury duty for the day shall be
subject to discipline.
E. Additional Leaves of Absence
Additional unpaid leaves of absence may be requested in writing and granted to an
employee at the discretion of the Department Director.
X. INSURANCE
A. Group Insurance. Employees of the City covered by this plan may participate in
the City's group insurance plan in conformity with and under the terms of an
insurance plan adopted by the City covering such employees. The City will
provide a basic term life and accidental death plan. The City will also make
available other bona fide benefit programs. Retired City employees and their
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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 will
deduct from each payroll all monies necessary to fund the employees' share of
insurance coverage and make all payments necessary to fund the plan within
budget limitations established by the City Council.
B. Workers' Compensation. In addition to the foregoing, the Mayor may provide for
Workers' Compensation coverage to the employees under applicable provisions of
State statute, and other related disability plans compensating employees of the
City who are permanently and totally disabled while in the discharge of their
official duties as defined by the City's Long Term Disability Program.
C. Disability Compensation
1. If an employee of the City becomes entitled to receive Workers'
Compensation as a result of suffering a City service connected injury or
illness, such employee shall be paid Workers' Compensation as provided
by law; provided, however, that the employee may elect to use, during
such disability, such part of their accumulated sick leave and vacation time
or personal leave which, when added to their Workers' Compensation
payments, equals their regular net wage; and provided further, that
satisfactory evidence of such election shall be transmitted by said person
to their Personnel/Payroll Administrator prior to payment.
2. The City will use reasonable efforts to make "transitional duty" work
available to an employee injured on the job as defined by the Worker's
Compensation laws,provided that the employee is able to perform the
transitional duty work and the employee has presented a release by their
physician to the City certifying that the employee is able to work.
3. Optional Long term disability shall be available to employees eligible
under the City's Long Term Disability Program (Income Protection
Program), under 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.
XI. 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)
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under terms and conditions established by the Mayor and consistent with state
law.. Such programs may include:
1. The Utah Public Safety Retirement System (Contributory and Non-
Contributory)
2. The Utah Firefighters Retirement System
3. The Utah State Public Employees'Retirement System (Contributory and
Non-Contributory)
4. Deferred Compensation Programs
5. Retirement Incentive Programs
C. The 2007-2008 fiscal year retirement contribution rates for employees covered by
this paragraph are shown in Appendix A.
D. Layoffs.
1. Employees covered by this Plan who have been laid-off in accordance
with the above shall have the right to pre-bid on positions in the 100 and
200 series for a period of 1 year.
XII. REGULAR PART-TIME AND HOURLY EMPLOYEES SHALL NOT
DISPLACE FULL-TIME EMPLOYEES.
A. It is the intent of the City to provide some benefits to employees who are not full-
time but who do contribute valued time to the City. However, it is also the intent
of the City not to displace full-time employees with Regular Part-Time and
Hourly employees.
B. Concerns that Regular Part-Time and Hourly employees are being used solely to
displace 100 and 200 Series employees may be presented to the Labor
Management Committee, established in the Memorandum of Understanding
between the City and AFSCME. Concerns reviewed by the Committee shall
include whether regular part-time and hourly employees, who have worked for at
least 11 months, should be made full-time employees. Concerns presented and
reviewed by the Committee shall be directed to the Mayor for his review and
action.
XIII. 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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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.
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APPENDIX A
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 B
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 maybe 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.
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APPENDIX B
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 B
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 B
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.
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APPENDIX B
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
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APPENDIX B
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
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