HomeMy WebLinkAbout034 of 2005 - Compensation Plan for Fire Department Employees 900 Series EmployeesSYNOPSIS OF
SALT LAKE CITY ORDINANCE
34 OF 2005
0 oS-8
The Salt Lake City Council at its June 21, 2005 meeting
adopted an ordinance approving the Compensation Plan for 900
Series employees of Salt Lake City.
Copies of the ordinance in its entirety are available for
review in the City Recorder's Office, Room 415, City County
Building, 451 South State Street, Salt Lake City, Utah,
during regular business hours.
This ordinance shall be deemed effective on July 1, 2005.
(0 05-8)
Published: July 2, 2005
C5357671L07
Sent to NAC 6-28-05
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SYNOPSIS OF
SALT LAKE CITY
ORDINANCE 34 OF 2005
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ing adopted an ordinance
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employees of Salt Lake
City.
Copies of the ordinance In
its entirety are available
for reylew in the City Re-
corder s Office, Room 41 Sf
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Lake City, Utah, during
regular business hours.
This ordinance shall be
deemed effective on July
1, 2005 .
(0 05-8)
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07/02/2005
07/02/2005
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07 02 05
AUG 1 1 2005
RECO nDER
SYNOPSIS Of
SALT LAKE CITY
ORDINANCE 3.C Of 2005
I The Salt Lake City Council
at its June 21, 2005 meet-
ing adopted an ordinance
figri1~nl ~t 9~'lr'p~ii~;
employees of Salt Lake
City.
Copies of the ordinance in
its entirety are available
for reylew in the City Re-
corder s Office, Room 415
City County Building, 45 Y
South State Street, Salt
Lake City, Utah, during
regular business hours.
This ordinance shall be
deemed effective on July
1, 2005.
(0 05-8)
Published , July 2, 2005
8202TB 15
AS NBWSPAPBR AGENCY CORPORA'l'ION LEGAL BOOiatBBPBll, I CBR'l'Il'Y 'l'IIAT '1'HB A'1"1'ACHl:D
ADVERTISEMENT 01' SYNOPSIS OF SALT LAKE CITY ORD l'OR
CITY RECORDER 1fAS PUBLISHED BY '1'HB DWSPAPBll AGZN~Y
CORPORATION, AGD'1' l'OR 'l'HI: SALT LAD TRIBUNE AND Dll:SBRB'l' Nll:WS, DAILY N'll:WSPAPBllS
PRINTED IN '1'HB ENGLISH LANGUAGE WITH GBNZRAL CIRCULA'l'ION IN UTAH,AND Ji'UBLISHBD
IN SALT LAD CITY , SALT LAD COUNTY IN 'l'HI: STATZ 01' UTAH.
COMPENSATION PLAN FOR SALT LAKE CITY CORPORATION FIRE DEPARTMENT
"900 SERIES" EMPLOYEES
I. EFFECTNE DATE
The provisions of this plan shall be effective, commencing June 19, 2005.
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 from 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.
ill. 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, bonuses, 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 June 19, 2005 to June 30, 2006, "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
APPROVED AS TO FORM extraordinary circumstances. Lump sum payments are recommended by the Fire
Salt Lake City Attorney's Office Chief and are subject to the Mayor's approval. Additionally, nothing in the
Date S" ~.,.,'( .z3:-foregoing shall restrict the Mayor from classifying or advancing employees under
By it , q &· '--5 rules established by the Mayor.
IV. LONGEVITYPAY
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 oflongevity 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 Chiers 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 Chiers 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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2. For a Fire Captain who is regularly assigned to work other than a combat
crew (referred to herein as "day work,,), the Fire Captain's regular rate of
pay for all work shall be the day rate, except as follows: A Fire Captain
regularly assigned to day work shall be paid at a premium overtime rate of
one and one-half the combat rate when the Fire Captain works all or part
of a combat crew shift in addition to all regularly scheduled day work. If a
day work Captain works all or part of a combat crew shift and is required
to holdover at the conclusion of the combat crew shift, the Fire Captain
shall be paid at premium overtime rate twice the combat rate of pay for all
holdover work.
D. For purposes of identifying overtime work performed, the department shall record
time worked to the nearest 15 minutes.
E. Fire Captains who are directed to report to work during their scheduled off-duty
time, or while on standby, shall be compensated with a minimum of four (4) hours
pay. The employee shall receive overtime compensation, where applicable, for
time worked on callback duty. In those cases where an employee does not report
to work (to a station or to an incident scene), but is required to perform City work
at home (including telephone advice) or at another location, the employee shall be
paid only for time worked. Fire Captains will be paid at the day rate of pay
whether such call back is for day work or for work on a combat crew shift. Fire
Captains who volunteer for work beyond their regularly scheduled work
assignments do not qualify for compensation under this paragraph.
VI. EDUCATION AND TRAINING PAY
The Mayor may adopt programs 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.
vn. EMERGENCY ASSIGNMENTS
Employees classified as Fire Captains may temporarily be assigned to perform the duties
of Emergency Response Chief. Upon expiration of such temporary assignment, the
employee shall be restored to the position occupied at the time such assignment was
made. While working out of classification as an Emergency Response Chief, the Captain
shall be compensated $50.00 for each 24 hour shift.
vm. 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.
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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 be provided up to $475 per year for this purpose.
Dangerous or contaminated safety equipment shall be cleaned, repaired, or
replaced by the Fire Department.
E. Heavy Rescue and Swift Water. Fire Captains regularly assigned to Heavy Rescue
or Swift Water and who have completed the minimum requirements for
certification to effectively lead Heavy Rescue or Swift Water 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 and two Heavy Rescue 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 of24 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.
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.
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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:
Years Shifts of vacation per year
of for Combat Fire
City Service Employees
0 to end of year 3 5
4to6 6
7to9 7.5
10 to 12 9
13 to 14 10
15 to 19 11
5
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
4to6 3.69
7to9 4.62
10 to 12 5.54
13 to 15 6.15
16 to 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 27 th 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
After 9 years
After 14 years
Up to 30 days/15 shifts (240 hours)
Up to 35 days/17.5 shifts (280 hours)
Up to 40 days/20 shifts (320 hours)
"Days," herein, means "8 hour" days. "Shifts," herein, means "24 hour"
combat shifts.
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
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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 LEA VE OR PERSONAL LEA VE.
A. Benefits in this section are for the purpose of continuing income to employees
during absence due to illness , accident or personal reasons. Some of these
absences may qualify under the Family and Medical Leave Act (FMLA). This is a
federal law that provides up to 12 weeks of unpaid leave each year and protects
jobs and health care benefits for eligible employees who need to be off work for
certain "family and medical,, reasons. APPENDIX 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.D. (Plan "A,,), or as provided in paragraph XI.E. (Plan
"B,,).
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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.
D. Plan "A.,,
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
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.
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2.
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.
1. 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.
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
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
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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 ofpost-
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. In the event of death in any of these instances, the
employee will be paid their regular base pay for scheduled work
time from the date of death through the day of the funeral or
memorial service, not to exceed five working days. Employees
will be permitted one additional day of funeral leave on the day
following the funeral or memorial service if: such service is held
more than 150 miles distance from Salt Lake City; the employee
attends the service; and the day following the service is a regular
work shift. 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. 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.
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c. In the event of death of friends or relatives not listed above, an
employee may be granted time off without pay, not to exceed four
hours, or may use available vacation leave while attending the
funeral or memorial service for such person, subject to the
approval of his/her immediate supervisor.
d. 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.
e. The provisions of this paragraph shall not be applicable to
employees who are on leave of absence other than vacation leave.
4. Dependent Leave.
a. Under Plan "A,U dependent Leave may be requested by a Full-.
Time employee covered by this Compensation Plan for the
following FMLA-qualifying reasons: (See APPENDIX C.)
1. Becoming a parent through birth or adoption of a child or
children.
2. Placement of a foster child in the employee>s home.
3. Due to the care of the employee>s child, spouse, or parent
with a serious health condition.
b. Under Plan "A,,, dependent leave may also be requested by a Full-
Time employee to care for an employee>s child, spouse or a parent
who is ill or injured but who does not have a serious health
condition.
c. The following provisions apply to the use of dependent leave by 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
or parent within five calendar days following termination of
such leave.
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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
affect the sick leave conversion options as outlined in
paragraph XI.C. l.
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 any reason.
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.
E. Plan "B.,,
1. The benefit Plan Year of Plan "B" begins in each calendar year on the first
day of the pay-period that includes November 15. Under this Plan "B,"
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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
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 each pay
period, personal leave hours based on the following schedule:
Hours of Personal
Leave
Noncombat 3.08
Personnel
Combat 4.62
Personnel
For any plan year in which there are 27 pay periods, no personal leave
hours will be awarded on the 27th pay period.
3. Not later than October 31st in each calendar year, employees covered by
Plan "B,, may elect, by notifying their Personnel/Payroll Administrator in
writing, to:
a. Convert any unused personal leave hours available at the end of the
first pay period of November to a lump sum payment equal to the
following: For each converted hour, the employee shall be paid 50
percent of the employee's hourly base wage rate in effect on 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 shall be paid to the employee at
50 percent of the hourly base wage rate on date of termination for each
unused hour.
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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.
8.
9.
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. In the event of death in any of these instances, the
employee will be paid his/her regular base pay for scheduled work
time from the date of death through the day of the funeral or
memorial service, not to exceed five working days. Employees
will be permitted one additional day of funeral leave on the day
following the funeral or memorial service if: such service is held
more than 150 miles distance from Salt Lake City; the employee
attends the service; and the day following the service is a regular
work shift. 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 supervisor.
b. 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.
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).
Retirement/Layoff {RLl Benefit, Plan "B.,,
14
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,U shall have
an RL account equal to fifty percent of their accummulated unused
sick leave hours available on November 14, 1998, minus any hours
withdrawn after the account is established.
c. Payment of the RL Account.
(1)
(2)
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.
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
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. ·
d. Hours may be withdrawn from 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.
15
XII. MILITARY LEA VE AND JURY DUTY
A. Leave of absence for employees who enter uniformed service. An employee who
enters the service of a uniformed services of the United States, including the
United States Army, United States Navy, United States Marine Corps, United
States Air Force, commissioned Corps of the National Oceanic and Atmospheric
Administration, or the commissioned corps of the Public Health Service, shall be
entitled to be absent from his or her duties and service from the City without pay
as required by state and federal law. Said leave shall be granted for no more than
five cumulative years, consistent with the federal Uniform Services Employment
and Reemployment Act.
B. Leave while on duty with the armed forces or Utah National Guard. Employees
covered by this 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
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.
XIIl. INJURYLEAVE
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;
16
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
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. The City will contribute $600.08 per year (prorated per
employee's biweekly pay period) into each employee's Nationwide Post Employment
Health Plan account.
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.
17
xvm. 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 permit or require the participation of employees in its retirement program(s)
under terms and conditions established by the Mayor and consistent with state
law.. Such programs may include:
1. The Utah Firefighters Retirement System
2. Deferred Compensation Programs
3. Retirement Incentive Programs
C. The 2005-2006 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 XI.D. (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;
18
b. Unused compensatory time off; and
c. If a participant in "Plan B,U any accrued and unused personal leave in
accordance with paragraph XI.E.S 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.
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.
19
APPENDIX A -SALARY SCHEDULE FOR 900 SERIES EMPLOYEES
Bi-Weekly Rates
June 19, 2005
GRADE 901 -FIRE CAPTAIN
Top Level
Level2
Level 1
$ 2,703.20
$ 2,604.80
$ 2,496.80
GRADE 902 -FIRE BATTALION CHIEF
Top Level
Level2
Level 1
$ 3,166.40
$ 3,061.60
$ 2,958.40
Change in pay level assignment depends on approval of the Fire Chief
APPENDIX B
UTAH STATE
RETIREMENT SYSTEM
Firefighter Contributory
Retirement System
UTAH STATE RETIREMENT CONTRIBUTIONS FY 2005/2006
EMPLOYEE TOTAL EMPLOYEE TOTAL
CONTRIBUTION CONTRIBUTION EMPLOYER GRAND TOTAL
PAID BY CITY CONTRIBUTION CONTRIBUTION
7.83% 7.83% 0 7.83%
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 LEA VE 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 LEA VE 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 ofleave 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 IHA, above, the husband and wife
each are entitled to the difference between the amount he/she has taken
individually and 12 weeks for FMLA leave for a qualifying event other than those
identified in IIIA.
1
APPENDIX 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 LEA VE CAN BE TAKEN
The 12 month period during which the 12 weeks ofFMLA 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 ifrequired by
his/her supervisor, timekeeper, or HR consultant upon the employee's return to
work following the employee's serious health condition.
VII. THE CITY'S RESPONSIBILITIES
As the employer, the City, through its designees, will:
A. Maintain coverage of group health plan benefits at the level and under the
conditions coverage would have been provided if the employee had continued in
employment without utilizing FMLA leave.
2
APPENDIX 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 VIE).
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 LEA VE IS REQUIRED BEFORE TAKING UNPAID FMLA
LEAVE
The City requires all employees utilizing FMLA leave to exhaust their paid leave
allotments prior to taking FMLA leave unpaid. The paid leave parameters are defined
by the employee's contract or compensation plan.
A. FMLA leave for qualifying events, other than the serious health condition of the
employee
1. Plan A
3
APPENDIX 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 ofleave 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 LEA VE
A. For the duration ofFMLA 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 ifby payroll deduction;
b. Payment would be due on the same schedule as payments
are made under COBRA;
c. Payment would be prepaid pursuant to a cafeteria plan at
the employee's option; or
d. Prepayment of the employee-paid portion of the group
benefit plan premiums through increased payroll
deductions before the leave is taken, when the need for
unpaid FMLA leave is foreseeable, or payment of the
employee-paid portion of the group benefit plan premiums
through increased deductions after the employee returns to
work following unpaid FMLA leave when the need for
unpaid FMLA leave is not foreseeable.
3. If the employee-paid portion of the group health plan benefit
premium is more than 30 days late, the City's obligation to maintain
group health plan insurance coverage will cease.
a. The City, through its designee, will provide written notice
at least 15 days prior to the date coverage will be cancelled
that payment has not been received.
b. The employee will have 15 days after the date of
notification, or 30 days from the date the premium was due,
whichever is greater, to make the required premium
payment(s).
c. If the employee fails to pay his/her portion of the group
health plan benefit premium(s), the employee will lose
his/her group health plan benefit coverage.
B. The City is not responsible for maintaining non-health care related benefits paid
directly by the employee through voluntary deductions (dental, supplemental and
dependent life insurance, accident insurance plans, or LTD). It is the employee's
responsibility to make arrangements through the Benefits Section of Human
5
APPENDIX 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 AFfER FMLA LEA VE
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
COMPENSATION PLAN FOR SALT LAKE CITY CORPORATION FIRE DEPARTMENT
"900 SERIES" EMPLOYEES-;
I. EFFECTIVE DATE
The provisions of this plan shall be effective, commencing My-lJune 19, 20042005.
Il. 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 from 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.
ill. WAGESANDSALARIES
A. 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, bonuses, 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--l-June 19, 2004-2005 to June 30, 20052006, "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
APPROVED AS TO FORM
Salt lake City Attorney's Office
Date 25" /Wt'l.1L 2.cio ~
By ~ I Gi+?S_;:
foregoing shall restrict the Mayor from classifying or advancing employees under
rules established by the Mayor.
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 oflongevity 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
2
Captain shall be paid at a premium rate twice the combat rate of pay for all
holdover work.
2. For a Fire Captain who is regularly assigned to work other than a combat
crew (referred to herein as "day work,,), the Fire Captain,s regular rate of
pay for all work shall be the day rate, except as follows: A Fire Captain
regularly assigned to day work shall be paid at a premium overtime rate of
one and one-half the combat rate when the Fire Captain works all or part
of a combat crew shift in addition to all regularly scheduled day work. If a
day work Captain works all or part of a combat crew shift and is required
to holdover at the conclusion of the combat crew shift, the Fire Captain
shall be paid at premium overtime rate twice the combat rate of pay for all
holdover work.
D. For purposes of identifying overtime work performed, the department shall record
time worked to the nearest 15 minutes.
E. Fire Captains who are directed to report to work during their scheduled off-duty
time, or while on standby, shall be compensated with a minimum of four (4) hours
pay. The employee shall receive overtime compensation, where applicable, for
time worked on callback duty. In those cases where an employee does not report
to work (to a station or to an incident scene), but is required to perform City work
at home (including telephone advice) or at another location, the employee shall be
paid only for time worked. Fire Captains will be paid at the day rate of pay
whether such call back is for day work or for work on a combat crew shift. Fire
Captains who volunteer for work beyond their regularly scheduled work
assignments do not qualify for compensation under this paragraph.
VI. EDUCATION AND TRAINING PAY
The Mayor may adopt programs 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.
VIL EMERGENCY ASSIGNMENTS
Employees classified as Fire Captains may temporarily be assigned to perform the duties
of Emergency Response Chief. Upon expiration of such temporary assignment, the
employee shall be restored to the position occupied at the time such assignment was
made. While working out of classification as an Emergency Response Chief, the Captain
shall be compensated $50.00 for each 24 hour shift.
vm. 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.
3
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 be provided up to $475 per year for this purpose.
Dangerous or contaminated safety equipment shall be cleaned, repaired , or
replaced by the Fire Department.
E. Heavy Rescue and Swift Water. Fire Captains regularly assigned to Heavy Rescue
or Swift Water and who have completed the minimum requirements for
certification to effectively lead Heavy Rescue or Swift Water 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 and two Heavy Rescue 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.
B. Exchange of Time. Fire Department employees may exchange time in accordance
with provisions outlined in the Fair Labaer 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,
4
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:
Years
of
City Service
0 to end of year 3
4to6
7to9
10 to 12
13 to 14
Shifts of vacation per year
for Combat Fire
Employees
5
5
6
7.5
9
10
15 to 19
20 or more
11
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
4to6 3.69
7to9 4.62
10 to 12 5.54
13 to 15 6.15
16 to 19 6.77
20ormore 7.69
For any plan year in which there are 27 pay periods, no vacation leave
hours will be awarded on the 27 th 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
After 9 years
After 14 years
Up to 30 days/15 shifts (240 hours)
Up to 35 days/17.5 shifts (280 hours)
Up to 40 days/20 shifts (320 hours)
"Days," herein, means "8 hour" days. "Shifts," herein, means "24 hour"
combat shifts.
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 salaried 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
6
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 LEA VE OR PERSONAL LEA VE.
A. Benefits in this section are for the purpose of continuing income to employees
during absence due to illness, accident or personal reasons. Some of these
absences may qualify under the Family and Medical Leave Act (FMLA). This is a
federal law that provides up to 12 weeks of unpaid leave each year and protects
jobs and health care benefits for eligible employees who need to be off work for
certain "family and medical,, reasons. APPENDIX 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.D. (Plan "A,,), or as provided in paragraph XI.E. (Plan
"B,,).
7
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.
D. 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 27m 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
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
8
2.
f.
g.
h.
i.
given year to vacation. Any sick leave used during the calendar
year reduces the allowable conversion by an equal amount.
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.
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.
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.
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
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 or partieipation in, 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.
9
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 Hospital 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 ofpost-
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. In the event of death in any of these instances, the
employee will be paid their regular base pay for scheduled work
time from the date of death through the day of the funeral or
memorial service, not to exceed five working days. Employees
will be permitted one additional day of funeral leave on the day
following the funeral or memorial service if: such service is held
more than 150 miles distance from Salt Lake City; the employee
attends the service; and the day following the service is a regular
work shift. 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. 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.
10
4.
c. In the event of death of friends or relatives not listed above, an
employee may be granted time off without pay, not to exceed four
hours, or may use available vacation leave while attending the
funeral or memorial service for such person, subject to the
approval of his/her immediate supervisor.
d. 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.
e. The provisions of this paragraph shall not be applicable to
employees who are on leave of absence other than vacation leave.
Dependent Leave.
a. Under Plan "A,U dependent Leave may be requested by a Full-
Time employee covered by this Compensation Plan for the
following FMLA-qualifying reasons: (See APPENDIX C.)
1. Becoming a parent through birth or adoption of a child or
children.
2. Placement of a foster child in the employee,s home.
3. Due to the care of the employee,s child, spouse, or parent
with a serious health condition.
b. Under Plan "A,U dependent leave may also be requested by a Full-
Time employee to care for an employee,s child, spouse or a parent
who is ill or injured but who does not have a serious health
condition.
c. The following provisions apply to the use of dependent leave by 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
11
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
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 any reason.
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.
E. Plan "B.,,
12
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
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 each pay
period, personal leave hours based on the following schedule:
Hours of Personal
Leave
Noncombat 3.08
Personnel
Combat 4.62
Personnel
For any plan year in which there are 27 pay periods, no personal leave
hours will be awarded on the 27 th pay period.
3. Not later than October 31st in each calendar year, employees covered by
Plan "B" may elect, by notifying their Personnel/Payroll Administrator in
writing, to:
4.
5.
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.
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.
Termination Benefits. At termination of employment for any reason ,
accumulated unused personal leave hours shall be paid to the employee at
13
6.
50 percent of the hourly base wage rate on date of termination for each
unused hour.
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. In the event of death in any of these instances, the
employee will be paid his/her regular base pay for scheduled work
time from the date of death through the day of the funeral or
memorial service, not to exceed five working days. Employees
will be permitted one additional day of funeral leave on the day
following the funeral or memorial service if: such service is held
more than 150 miles distance from Salt Lake City; the employee
attends the service; and the day following the service is a regular
work shift. 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 supervisor.
b. 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 apprepriare Department headFire Chief, stating the purpose of the
request and how the leave is intended to benefit the City. The request
must be approved by the Department headFire Chief and by the Human
14
Resources Director who will review the request for compliance with the
guidelines outlined here).
9. Retirement/Layoff (RU 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,U 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 leave hours available on November 14, 1998, minus any hours
withdrawn after the account is established.
c. Payment of the RL Account.
(1)
(2)
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.
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
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.
d. Hours may be withdrawn from 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
15
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 LEA VE AND JURY DUTY
A. Leave of absence for employees who enter uniformed service. An employee who
enters the service of a uniformed services of the United States, including the
United States Army, United States Navy, United States Marine Corps, United
States Air Force, commissioned Corps of the National Oceanic and Atmospheric
Administration, or the commissioned corps of the Public Health Service, shall be
entitled to be absent from his or her duties and service from the City without pay
as required by state and federal law. Said leave shall be granted for no more than
five cumulative years, consistent with the federal Uniform Services Employment
and Reemployment Act
B. Leave while on duty with the armed forces or Utah National Guard. Employees
covered by this 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
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. Failure
Employees who fail to ~return to work after being excused from jury duty for the
day shall result m the ferfeiture of that day's pay by such employee.be subject to
discipline.
XIII. INJURY LEA VE
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;
16
-------------------------·---·
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 employee,s Department HeadFire 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 Direetor of the Department of
Management 8ervieesChief 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
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. The City will contribute $600.08 per year (prorated per
employee,s biweekly pay period) into each employee>s Nationwide Post Employment
Health Plan account.
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.
17
XVII. LONG TERM DISABllITY 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.
XVIll. 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 permit or require the participation of employees in its retirement program( s)
under terms and conditions established by the Mayor and consistent with state
law.. Such programs may include:
1. The Utah Firefighters Retirement System
2. Deferred Compensation Programs
3. Retirement Incentive Programs
C. The 20014-200~ 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 oflack 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 XI.D. (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.
18
E Separation From Employment Due to Resignations Or Otherwise
I. 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.
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.
19
APPENDIX A -SALARY SCHEDULE FOR 900 SERIES EMPLOYEES
Bi-Weekly Rates
July 1, 2004 June 19, 2005
GRADE 901 -FIRE CAPTAIN
Top Level
Level2
Level 1
$ 2,624.00
$ 2,703.20
$ 2,528.00
$ 2,604.80
$ 2,424.00
$ 2,496.80
GRADE 902 -FIRE BATTALION CHIEF
Top Level
Level2
Level 1
$ 3,073.60
$ 3,166.40
$ 2,972.00
$ 3,061.60
$ 2,872.00
$ 2,958.40
Change in pay level assignment depends on approval of the Fire Chief
APPENDIX B
UTAH STATE
RETIREMENT SYSTEM
Firefighter Contributory
Retirement System
UTAH STATE RETIREMENT CONTRIBUTIONS FY 2004/20052005/2006
EMPLOYEE
CONTRIBUTION
7 .83%
TOTAL EMPLOYEE
CONTRIBUTION
PAID BY CITY
7.83%
TOTAL
EMPLOYER
CONTRIBUTION
0
GRAND TOTAL
CONTRIBUTION
7 .83%
r
For FMLA attachment (Appendix C), see Executive Employees and Elected
Officials Compensation Plan
This ad is also being e-mailed
SYNOPSIS OF
SALT LAKE CITY ORDINANCE
9 OF 2006
The Salt Lake City Council at its February 23, 2006 meeting
adopted an ordinance amending Salt Lake City Ordinance 34
of 2005 which approved the Compensation Plan for "900
Series" employees.
Copies of the ordinance in its entirety are available for
review in the City Recorder's Office, Room 415, City County
Building, 451 South State Street, Salt Lake City, Utah,
during regular business hours.
This ordinance shall be become effective on the date of its
first publication.
(O 05-8)
Published: March 3, 2006
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Sent to NAC 2-28-06
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ORDINANCE 9 OF 2006
~e it~0 Ve~~u";r?%,C~~g
meeting adopted on ordi-
nance amending Solt Lake
City Ordinance -:34 of 2005
wh,ch approved the ~m-
~~is:;li~mJ~%es~or ' 00
Copies of the ordinance in
its entirety are available
for reyiew in the City Re•
t~r:ef~ffiC:un~~~ ~\5i
South Stole Stree?, Solt
Lake City, Utah, during
regular business hours.
This ordinance shall be be-
come effective on the dote
of its first publication.
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AFFIDAVIT OF PUBLICATION
SYNOPSIS OF
SALT LAKE CITY
ORDINANCE 9 OF 2006
The Salt lake City Council
at its February 23, 2006
meeting adopted an ordi -•
nonce amendln11. Salt lake
City Ordinance 34 of 2005
wh,ch approved the Com -
~=~i~~li":mJb~eI.or "900
Copies of !he ordinance In
its entirety · are available
for reyiew In !he City Re-
corder s Office, Room 415
City County Building, 45 f
South Stale Streef, Salt
Lake City, Utah, during
regular business hours.
This ordinance shall be be -
come effective on the date
of Its first publlcatlon.
(0 05-8)
~~~1~X~ March 3, 2006
AS NEWSPAPER AGENCY CORPORATION LEGAL BOOKKEEPER, I CERTIFY THAT THE ATTACHED
ADVERTISEMENT OF SYNOPSIS OF SALT LAKE CITY ORD FOR
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PRINTED IN THE ENGLISH LANGUAGE WITH GENERAL CIRCULATION IN UTAH,AND PUBLISHED
IN SALT LAKE CITY, SALT LAKE COUNTY IN THE STATE OF UTAH.
SIGNATURE
DATE 03/03/06
THIS IS NOT A STATEMENT BUT A "PROOF OF PUBLICATION"
PLEASE PAY FROM BILLING STATEMENT.
COMPENSATION PLAN FOR SALT LAKE CITY CORPORATION FIRE DEPARTMENT
"900 SERIES" EMPLOYEES
I. EFFECTNE DATE
The provisions ofthis plan shall be effective, commencing June 19, 2005, and as
amended effective March 3 , 2006.
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
from 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, bonuses,
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 June 19, 2005 to June 30, 2006, "900 Series" Fire Department employees shall
be paid monthly salaries according to APPENDIX "A."
3
C. The foregoing shall not restrict the Mayor from distributing appropriated monies to
employees of the City in the form ofretirement 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.
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 tim e 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 .
4
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.
2. For a Fire Captain who is regularly assigned to work other than a combat crew (referred
to herein as "day work"), the Fire Captain 's regular rate of pay for all work shall be the day rate,
except as follows: A Fire Captain regularly assigned to day work shall be paid at a premium
overtime rate of one and one-half the combat rate when the Fire Captain works all or part of a
combat crew shift in addition to all regularly scheduled day work. If a day work Captain works
all or part of a combat crew shift and is required to holdover at the conclusion of the combat crew
shift, the Fire Captain shall be paid at premium overtime rate twice the combat rate of pay for all
holdover work.
D. For purposes of identifying overtime work performed, the department shall record time
worked to the nearest 15 minutes.
E. Fire Captains who are directed to report to work during their scheduled off-duty time, or
while on standby, shall be compensated with a minimum of four (4) hours pay. The employee
shall receive overtime compensation, where applicable , for time worked on callback duty . In
those cases where an employee does not report to work (to a station or to an incident scene), but
is required to perform City work at home (including telephone advice) or at another location, the
employee shall be paid only for time worked. Fire Captains will be paid at the day rate of pay
whether such call back is for day work or for work on a combat crew shift. Fire Captains who
volunteer for work beyond their regularly scheduled work assignments do not qualify for
compensation under this paragraph.
VI. EDUCATION AND TRAINING PAY
The Mayor may adopt programs 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.
VII. EMERGENCY ASSIGNMENTS
Employees classified as Fire Captains may temporarily be assigned to perform the duties of
Emergency Response Chief. Upon expiration of such temporary assignment, the employee shall
be restored to the position occupied at the time such assignment was made. While working out
of classification as an Emergency Response Chief, the Captain shall be compensated $50.00 for
each 24 hour shift.
5
vm. 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 be
provided up to $475 per year for this purpose . Dangerous or contaminated safety equipment
shall be cleaned, repaired, or replaced by the Fire Department.
E. Heavy Rescue and Swift Water. Fire Captains regularly assigned to Heavy Rescue or
Swift Water and who have completed the minimum requirements for certification to effectively
lead Heavy Rescue or Swift Water 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 and two Heavy Rescue 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
6
parties agree that for employees assigned to the Combat Division, twenty-seven (27) days shall
constitute a normal work period.
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 pro"ficiency 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.
7
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:
Years Shifts of vacation per year
of for Combat Fire
City Service Employees
0 to end of year 3 5
4 to 6 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
of
City Service
0 to end of year 3
4 to 6
7 to 9
10 to 12
13 to 15
8
Hours of Vacation Accrued
Per Biweekly
Pay Period
3.08
3.69
4 .62
5.54
6.15
16 to 19
20 or more
6.77
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
After 9 years
After 14 years
Up to 30 days /15 shifts (240 hours)
Up to 35 days/17.5 shifts (280 hours)
Up to 40 days /20 shifts (320 hours)
"Days," herein, means "8 hour" days. "Shifts," herein, means "24 hour" combat shifts.
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
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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 LEA VE OR PERSONAL LEA VE.
A. Benefits in this section are for the purpose of continuing income to employees during
absence due to illness , accident or personal reasons. Some of these absences may qualify under
the Family and Medical Leave Act (FMLA). This is a federal law that provides up to 12 weeks
of unpaid leave each year and protects jobs and health care benefits for eligible employees who
need to be off work for certain "family and medical " reasons . APPENDIX 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.D . (Plan "A"), or as provided in paragraph XI.E . (Plan "B").
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 .
D. 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 .
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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
Leave Shifts Used
During Previous
Calendar Year
No shifts
1 shift
2 shifts
3 shifts
4 shifts
5 or more shifts
Number of Sick
Leave Shifts Available
for Conversion
4 shifts
3 shifts
2-1/2 shifts
2 shifts
1 shift
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.
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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.
i . 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 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 fr om 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 .
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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 if an employee has designated an adult designee, then the adult designee or the
child, mother, father , brother, sister of the adult designee . In the event of death in any of these
instances, the employee will be paid their regular base pay for scheduled work time from the date
of death through the day of the funeral or memorial service, not to exceed five working days.
Employees will be permitted one additional day of funeral leave on the day following the funeral
or memorial service if: such service is held more than 150 miles distance from Salt Lake City;
the employee attends the service; and the day following the service is a regular work shift.
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. "Adult designee" means an individual designated by an employee as the employee's adult
designee under Ordinance No. 9 of 2006, or its successor. The adult designee benefit
provided under this bereavement benefit is not effective before March 3 , 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 service for 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 oftime 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.
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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: (See APPENDIX C.)
1. Becoming a parent through birth or adoption of a child or children.
2. Placement of a foster child in the employee 's home .
3 . Due to the care of the employee 's child, spouse, or parent with a serious health condition,
or if an employee had designated an adult designee, then due to the care of the adult designee or
the child of the adult designee with a serious health condition.
Adult designees and the child of the adult designee 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 or a parent who is ill or injured but who does not have a serious
health condition, or if an employee has designated an adult designee, then dependent leave may
also be requested by an employee to care for the adult designee or the child of the designee who
is ill or injured but who does not have a serious health condition.
c. "Adult designee" means an individual designated by an employee as the employee 's adult
designee under Ordinance No. 9 of 2006, or its successor. The adult designee benefit
provided under this dependent benefit is not effective before March 3 , _ 2006.
c. 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 leav e and the expected
duration of such leave 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 physici an in the event
of hospitalization, injury or illness of a child, spouse or parent, or adult designee or adult
designee 's child within five calendar days following termination of such leave.
5 . An employee 's sick leav e 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 leav e
used during the calendar year will not affect the sick leave conversion options as outlined in
paragraph XI.C.1.
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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 any reason. 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.
E . Plan "B."
1. The benefit Plan Year of Plan "B " begins in each calendar year on the first day of the pay-
period that includes November 15. Under this Plan "B ," 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 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 .
15
2. Each Full-Time employee under thi s Plan "B" shall be awarded each pay period, personal
leave hours based on the following schedule:
Hours of Personal
Leave
Noncom bat
Personnel
Combat
Personnel
3.08
4.62
For any plan year in which there are 27 pay periods , no personal leave hours will be awarded on
the 27th pay period .
3. Not later than October 31st in each calendar year, employees covered by Plan "B" may
elect, by notifying their Personnel/Payroll Administrator in writing , to :
a. Convert any unused personal leave hours available at the end of the first pay period of
November to a lump sum payment equal to the following : For each converted hour, the
employee shall be paid 50 percent of the employee 's hourly base wage rate in effect on 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 shall be paid to the employee at 50 percent of the hourly base wage rate on
date of termination for each unused hour.
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 the ir illness or accident , or an unforeseen FMLA-qualifying event , the employees
16
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 if an employee has designated an adult designee, then the adult
designee or the child, mother, father, brother or sister of the adult designee. In the event of death
in any of these instances, the employee will be paid his /her regular base pay for scheduled work
time from the date of death through the day of the funeral or memorial service, not to exceed five
working days . Employees will be permitted one additional day of funeral leave on the day
following the funeral or memorial service if: such service is held more than 150 miles distance
from Salt Lake City; the employee attends the service; and the day following the service is a
regular work shift . 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 supervisor.
b. "Adult designee" means an individual designated by an employee as the employee's adult
designee under Ordinance No. 9 of 2006 , or its successor. The adult designee benefit
· provided under this bereavement benefit is not effective before March 3 , 2006.
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."
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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 accumulated
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
accumulated unused sick leav e hours available on Nov ember 14, 1998 , minus any hours
withdrawn after the account is established.
c. 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 ofretirement only, in lieu of the abo v e, 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
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 monthl y basis of charges against the account balance. If insurance costs
increase, the number of months of coverage will decrease.
d. Hours may be withdrawn from 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
s uppleme nt Wor k e rs ' Compe nsation b e n e fit s .
10. Short Term Disability Insurance, Plan "B." Protection against lo ss 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 ofreceiving SDI, the employee may be
requir ed to submit to a medical examination.
XII. MILITARY LEA VE AND JURY DUTY
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A. Leave of absence for employees who enter uniformed service. An employee who enters
the service of a uniformed services of the United States, including the United States Army,
United States Navy, United States Marine Corps, United States Air Force, commissioned Corps
of the National Oceanic and Atmospheric Administration, or the commissioned corps of the
Public Health Service, shall be entitled to be absent from his or her duties and service from the
City without pay as required by state and federal law . Said leave shall be granted for no more
than five cumulative years, consistent with the federal Uniform Services Employment and
Reemployment Act.
B. Leave while on duty with the armed forces or Utah National Guard. Employees covered
by this 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 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 LEA VE
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 '
19
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 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. The City will contribute $600.08 per year (prorated per employee's
biweekly pay period) into each employee's Nationwide Post Employment Health Plan account.
XVI. WORKERS' COMPENSATION
20
In addition to the foregoing , the Mayor may pro v ide 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 co v ered by the plan. The City may permit or require
the participation of employees in its retirement program(s) under terms and conditions
established by the Mayor and consistent with state law .. Such programs may include:
1. The Utah Firefighters Retirement System
2. Deferred Compensation Programs
3. Retirement Incentive Programs
C. The 2005-2006 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 recei ve:
21
a. One hundred percent of their accumulated unused sick leave hours, if covered under
paragraph XI.D. (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.
XXL 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.
XXIII. APPROPRIATION OF FUNDS
22
All provisions in this compensation plan that involve the expenditure of funds are subject to
appropriation of funds for such purposes.
Appendix A -900 Salary Schedule
Bi Weekly Rates, effective July 1, 2005
GRADE 901 -FIRE CAPTAIN
Top Level
Level 2
Level 1
GRADE 902 -FIRE BATTALION CHIEF
Top Level
Level2
Level 1
Appendix B -Retirement Contributions Schedule
$2,703 .20
$2,604.80
$2,496.80
$ 3 ,166.40
$3,061.60
$2,958.40
UT AH ST A TE RETIREMENT CONTRIBUTIONS FY 2005/2006
Utah State Retirement System
Contribution Paid by City
Contribution
Employee Contribution Total Employee
Total Employer Contribution Grand Total
Firefighter Contributory
Retirement System 7 .83% 7.83% 0
Appendix C -Family and Medical Leave Act Policy 3.01.07
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7.83%
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 LEA VE 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 BET AKEN
A. The birth or adoption of a child;
B. Placement of a foster child in the emplo yee 's home ;
C. A serious health condition of the employee; or
D . The care for a spouse , child or parent w ith a serious health condition .
ill. FMLA LEA VE WHEN HUSBAND AND WIFE BOTH WORK FOR THE CITY
A . A husband and wife who are eligible for FMLA le ave and are both employed by the City
are limited to a combined total of 12 weeks ofleave 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 , abo ve, 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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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 LEA VE CAN BE TAKEN
The 12 month period during which the 12 weeks ofFMLA 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 ifrequired 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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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 VIE).
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 LEA VE IS REQUIRED BEFORE TAKING UNPAID FMLA LEA VE
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
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
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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 LEA VE
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 ofleave 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.
XI. BENEFITS WHILE ON FMLA LEA VE
A. For the duration ofFMLA 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 .
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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 ifby 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 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 LEA VE
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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 .
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COMPENSATION PLAN FOR SALT LAKE CITY CORPORATION FIRE DEPARTMENT
"900 SERIES" EMPLOYEES
I. EFFECTIVE DATE
The provisions of this plan shall be effective, commencing June 19, 2005, and as
amended effective 2006.
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
from 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.
ill. 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, bonuses,
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 June 19, 2005 to June 30, 2006, "900 Series" Fire Department employees shall
be paid monthly salaries according to APPENDIX "A."
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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.
IV. LONGEVITYPAY
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.
4
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.
2. For a Fire Captain who is regularly assigned to work other than a combat crew (referred
to herein as "day work"), the Fire Captain's regular rate of pay for all work shall be the day rate,
except as follows: A Fire Captain regularly assigned to day work shall be paid at a premium
overtime rate of one and one-half the combat rate when the Fire Captain works all or part of a
combat crew shift in addition to all regularly scheduled day work. If a day work Captain works
all or part of a combat crew shift and is required to holdover at the conclusion of the combat crew
shift, the Fire Captain shall be paid at premium overtime rate twice the combat rate of pay for all
holdover work.
D. For purposes of identifying overtime work performed, the department shall record time
worked to the nearest 15 minutes.
E. Fire Captains who are directed to report to work during their scheduled off-duty time, or
while on standby, shall be compensated with a minimum of four (4) hours pay. The employee
shall receive overtime compensation, where applicable, for time worked on callback duty. In
those cases where an employee does not report to work (to a station or to an incident scene), but
is required to perform City work at home (including telephone advice) or at another location, the
employee shall be paid only for time worked. Fire Captains will be paid at the day rate of pay
whether such call back is for day work or for work on a combat crew shift. Fire Captains who
volunteer for work beyond their regularly scheduled work assignments do not qualify for
compensation under this paragraph.
VI. EDUCATION AND TRAINING PAY
The Mayor may adopt programs 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.
VII. EMERGENCY ASSIGNMENTS
Employees classified as Fire Captains may temporarily be assigned to perform the duties of
Emergency Response Chief. Upon expiration of such temporary assignment, the employee shall
be restored to the position occupied at the time such assignment was made. While working out
of classification as an Emergency Response Chief, the Captain shall be compensated $50.00 for
each 24 hour shift.
5
VIII. 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 be
provided up to $475 per year for this purpose. Dangerous or contaminated safety equipment
shall be cleaned, repaired, or replaced by the Fire Department.
E. Heavy Rescue and Swift Water. Fire Captains regularly assigned to Heavy Rescue or
Swift Water and who have completed the minimum requirements for certification to effectively
lead Heavy Rescue or Swift Water 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 and two Heavy Rescue 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
6
parties agree that for employees assigned to the Combat Division, twenty-seven (27) days shall
constitute a normal work period.
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.
7
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:
Years Shifts of vacation per year
of for Combat Fire
City Service Employees
0 to end of year 3 5
4 to 6 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
of
City Service
0 to end of year 3
4 to 6
7 to 9
10 to 12
13 to 15
8
Hours of Vacation Accrued
Per Biweekly
Pay Period
3.08
3.69
4.62
5.54
6 .15
16 to 19
20 or more
6.77
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
After 9 years
After 14 years
Up to 30 days/15 shifts (240 hours)
Up to 35 days/17.5 shifts (280 hours)
Up to 40 days/20 shifts (320 hours)
"Days," herein, means "8 hour" days. "Shifts," herein, means "24 hour" combat shifts.
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
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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 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 XL 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.D. (Plan "A"), or as provided in paragraph XI.E. (Plan "B").
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 .
D. 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.
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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
Leave Shifts Used
During Previous
Calendar Year
No shifts
1 shift
2 shifts
3 shifts
4 shifts
5 or more shifts
Number of Sick
Leave Shifts Available
for Conversion
4 shifts
3 shifts
2-1/2 shifts
2 shifts
1 shift
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.
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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.
i . 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 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.
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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 if an employee has designated an adult designee, then the adult designee or the
child, mother, father, brother, sister of the adult designee. In the event of death in any of these
instances, the employee will be paid their regular base pay for scheduled work time from the date
of death through the day of the funeral or memorial service, not to exceed five working days.
Employees will be permitted one additional day of funeral leave on the day following the funeral
or memorial service if: such service is held more than 150 miles distance from Salt Lake City;
the employee attends the service; and the day following the service is a regular work shift.
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. "Adult designee" means an individual designated by an employee as the employee's adult
designee under Ordinance No. of 2006, or its successor. The adult designee benefit
provided under this bereavement benefit is not effective before 2006 .
be . 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.
eg. 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.
de. 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.
ef. The provisions of this paragraph shall not be applicable to employees who are on leave of
absence other than vacation leave.
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4. Dependent Leave.
a. Under Plan "A," dependent Leave may be requested by a Full-Time employee covered by
this Compensation Plan for the following FMLA qualifying reasons: (See APPENDIX C.)
1. Becoming a parent through birth or adoption of a child or children.
2. Placement of a foster child in the employee's home.
3. Due to the care of the employee's child, spouse, or parent with a serious health condition_.
or if an employee had designated an adult designee, then due to the care of the adult designee or
the child of the adult designee with a serious health condition.
Adult designees and the child of the adult designee 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 or a parent who is ill or injured but who does not have a serious
health condition, or if an employee has designated an adult designee, then dependent leave may
also be requested by an employee to care for the adult designee or the child of the designee who
is ill or injured but who does not have a serious health condition.
c. "Adult designee" means an individual designated by an employee as the employee's adult
designee under Ordinance No. of 2006, or its successor. The adult designee benefit
provided under this dependent benefit is not effective before 2006.
c. 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 or parent, or adult designee or adult
designee' s child 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 affect the sick leave conversion options as outlined in
paragraph XI. C .1.
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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 any reason. 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.
E . Plan "B."
1. The benefit Plan Year of Plan "B" begins in each calendar year on the first day of the pay-
period that includes November 15. Under this Plan "B," 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 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.
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2 . Each Full-Time employee under this Plan "B" shall be awarded each pay period, personal
leave hours based on the following schedule:
Hours of Personal
Leave
Noncombat
Personnel
Combat
Personnel
3.08
4.62
For any plan year in which there are 27 pay periods, no personal leave hours will be awarded on
the 27th pay period.
3. Not later than October 31st in each calendar year , employees covered by Plan "B" may
elect, by notifying their Personnel/Payroll Administrator in writing, to:
a. Convert any unused personal leave hours available at the end of the first pay period of
November to a lump sum payment equal to the following: For each converted hour, the
employee shall be paid 50 percent of the employee 's hourly base wage rate in effect on 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 shall be paid to the employee at 50 percent of the hourly base wage rate on
date of termination for each unused hour.
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
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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 if an employee has designated an adult designee, then the adult
designee or the child, mother, father, brother or sister of the adult designee. In the event of death
in any of these instances, the employee will be paid his/her regular base pay for scheduled work
time from the date of death through the day of the funeral or memorial service, not to exceed five
working days. Employees will be permitted one additional day of funeral leave on the day
following the funeral or memorial service if: such service is held more than 150 miles distance
from Salt Lake City; the employee attends the service; and the day following the service is a
regular work shift. 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 supervisor.
b . "Adult designee " means an individual designated by an employee as the employee's adult
designee under Ordinance No. of 2006, or its successor. The adult designee benefit
provided under this bereavement benefit is not effective before 2006 .
be. 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."
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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 leave hours available on November 14, 1998, minus any hours
withdrawn after the account is established.
c. 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
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.
d. Hours may be withdrawn from 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 ofreceiving SDI, the employee may be
required to submit to a medical examination.
XII. MILITARY LEAVE AND ITJRY DUTY
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A. Leave of absence for employees who enter uniformed service. An employee who enters
the service of a uniformed services of the United States, including the United States Army,
United States Navy, United States Marine Corps, United States Air Force, commissioned Corps
of the National Oceanic and Atmospheric Administration, or the commissioned corps of the
Public Health Service, shall be entitled to be absent from his or her duties and service from the
City without pay as required by state and federal law. Said leave shall be granted for no more
than five cumulative years, consistent with the federal Uniform Services Employment and
Reemployment Act.
B. Leave while on duty with the armed forces or Utah National Guard. Employees covered
by this 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 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 LEAVE
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'
19
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 Administrati v e 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 leav e 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 LEA YES 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 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. The City will contribute $600.08 per year (prorated per employee's
biweekly pay period) into each employee's Nationwide Post Employment Health Plan account.
XVI. WORKERS ' COMPENSATION
20
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 permit or require
the participation of employees in its retirement program(s) under terms and conditions
established by the Mayor and consistent with state law .. Such programs may include:
1. The Utah Firefighters Retirement System
2. Deferred Compensation Programs
3. Retirement Incentive Programs
C. The 2005-2006 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 oflack of work or lack of funds shall be
eligible to receive:
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a. One hundred percent of their accumulated unused sick leave hours, if covered under
paragraph XI.D . (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
ex ceed 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.
XXIII . APPROPRIATION OF FUNDS
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All provisions in this compensation plan that involve the expenditure of funds are subject to
appropriation of funds for such purposes.
Appendix A -900 Salary Schedule
Bi Weekly Rates, effective July 1, 2005
GRADE 901 -FIRE CAPTAIN
Top Level
Level 2
Level 1
GRADE 902 -FIRE BATTALION CHIEF
Top Level
Level2
Level 1
Appendix B -Retirement Contributions Schedule
$2,703.20
$2,604.80
$2,496.80
$3,166.40
$3,061.60
$2,958.40
UT AH STATE RETIREMENT CONTRIBUTIONS FY 2005/2006
Utah State Retirement System
Contribution Paid by City
Contribution
Employee Contribution Total Employee
Total Employer Contribution Grand Total
Firefighter Contributory
Retirement System 7.83% 7.83% 0
Appendix C -Family and Medical Leave Act Policy 3.01.07
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7.83%
Note : The follow ing City policy was in effect on the date ofthis 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 LEA VE 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 LEA VE 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 BET AKEN
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.
ill. FMLA LEA VE 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 IDA , 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 IDA .
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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 ofFMLA 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 ofFMLA 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 ifrequired 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 .
25
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 LEA VE IS REQUIRED BEFORE TA.KING UNPAID FMLA LEA VE
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
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
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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 LEA VE
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.
XI. BENEFITS WHILE ON FMLA LEA VE
A. For the duration ofFMLA 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.
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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 ifby 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 Resources (535-7900) for the payment of
those benefit premiums when on unpaid FMLA leav e.
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 LEA VE
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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.
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