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SALT LAKE CITY ORDINANCE
No. 39 of 2007
(Approving the Compensation Plan for
"800 Series" Employees
of Salt Lake City)
AN ORDINANCE APPROVING A COMPENSATION PLAN FOR"800
SERIES" EMPLOYEES.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. PURPOSE. The purpose of this Ordinance is to approve the
attached Compensation Plan for"800 Series" Employees. Three copies of said
Compensation Plan shall be maintained in the City Recorder's Office for public
inspection.
SECTION 2. APPLICATION. The Compensation Plan shall not apply to
employees whose employment terminated prior to the effective date of this Ordinance.
SECTION 3. EFFECTIVE DATE. This Ordinance shall be deemed effective on
July 1, 2007.
Passed by the City Council of Salt Lake City,Utah, this 12th day of
June , 2007.
AIRPERSON
•
ATTEST:
HIEF DEPUTY TY RE RDER
Transmitted to the Mayor on June 14, 2007
Mayor's Action: Approved. Vetoed.
MAYOR
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CHIEF DEPUTY Y RE RDER Byfif
(SEAL)
Bill No. 39 of 2007.
Published: July 1, 2007
I\Ordinance 07\Budget\Approve 800 doc
2
COMPENSATION PLAN FOR SALT LAKE CITY CORPORATION "800 SERIES" CITY
EMPLOYEES
EFFECTIVE DATE
The provisions of this plan shall be effective commencing July 1,2007.
II. EMPLOYEES COVERED BY THIS PLAN
Employees subject to this plan shall be full-time Sergeants, Lieutenants and Captains in
the City's Police Depai tiuent classified as "800 Series" City employees. 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 "800 Series"
employees shall be paid monthly salaries that:
a. Achieve equal pay for equal work; and
b. Attain comparability of salaries to salaries used by other public
employers for similar work.
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. The surveys shall include a cross
section of comparable benchmark positions in public organizations of
generally similar size,breadth of functional responsibility, and, for public
entities, comparable governance structures.
3. The compensation plans may provide salary range widths that reflect the
normal growth and productivity potential of employees within a job
classification.
4. The Mayor shall develop policies and guidelines for the administration of
the pay plans.
5. The pay administration policies may provide for annual salary adjustments
subject to availability of funds.
B. 1. Employees, who are classified as Captains and Lieutenants shall, for
purposes of this compensation plan and its wage schedules,be deemed as
exempt employees. Employees classified as Sergeants shall be for
purposes of this compensation plan and its wage schedules be deemed as
non-exempt employees.
a, As used in this Compensation Plan, exempt employees shall mean
employees who are defined by§213 of the Fair Labor Standards
Act (the "Act") as exempt from the Act's overtime provisions.
b. As used in this Compensation Plan,non-exempt employees shall
mean employees who are covered by the overtime provisions of the
Act.
2. Effective July 1,2007 to June 30, 2008, employees covered by this plan
shall be paid compensation according to the salary schedule attached as
APPENDIX "A."
C. Effective July 1, 2007, employees classified as Sergeants and Lieutenants will be
paid shift differentials as follows:
1. Sergeants and Lieutenants whose shift begins from 0500 hours to 1159
hours, shall be paid in accordance with column "A"of the effective wage
schedule(Appendix "A").
2. Sergeants and lieutenants,whose shift begins from 1200 hours to 1859
hours, shall be paid in accordance with column"B" of the effective wage
schedule(Appendix "A").
3. Sergeants and lieutenants,whose shift begins from 1900 hours to 0459
hours, shall be paid in accordance with column"C" of the effective wage
schedule(Appendix "A").
D. The foregoing shall not restrict the Mayor from distributing appropriated monies
to employees of the City in the form of retirement contributions; lump sum
supplemental performance based or special supplemental payments to employees
within per annum pay limitations; or classifying and advancing employees under
rules established by the Mayor.
IV. LONGEVITY PAY
A. Employees who have completed 6 consecutive 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 consecutive 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 Sergeants who are authorized and required by their
supervisors to perform City work on an overtime basis according to City policy shall
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be compensated by pay or compensatory time off under rates and procedures
established by said policy. It shall be at the discretion of the City, subject to the
limitations of the Fair Labor Standards Act and City policy, to determine whether a
sergeant receives cash payment or compensatory time off. All overtime work must be
pre-authorized. In no case shall overtime compensation exceed the rate of 1-1/2 times
a sergeant's regular hourly rate of pay.
B. Compensation for Court and Other Appearance.
1. A Sergeant shall be entitled to receive compensation for a court or
administrative proceeding appearance as a witness subpoenaed by the City,
the State of Utah, or the United States as follows:
a. Court or as a party to legal or administrative proceeding
appearances made while on-duty shall constitute normal hours of
work.
b. In the event a court or administrative proceeding appearance
extends beyond the end of the employee's regularly schedule shift,
such time spent in court or administrative proceedings will be
treated as normal work time for the purpose of computing an
employee's overtime compensation.
c. Court or administrative proceeding appearances made while off
duty will be compensated as follows:
(1) Employees shall be paid at the rate of one and one-half
times their regular rate of pay for two(2)hours or time
spent while off-duty for preparation in conjunction with
such appearances;provided,however,that no employee is
authorized to, and shall not spend in excess of two (2)
hours while off-duty in preparation for a court or
administrative proceeding appearance.
(2) In addition to the compensation provided in(1)above,
employees shall be paid at the rate of one and one-half
times their regular rate of pay for the actual time spent in
court or in an administrative proceeding. Time granted by a
court or administrative body to Sergeants for lunch shall
not be compensated hereunder.
(3) In the event the time spent in court or administrative
proceeding extends into the beginning of the employee's
regularly scheduled work shift,time spent in court or in
administrative proceeding shall be deemed ended at the
time such shift is scheduled to begin.
2. Compensation shall be provided by authority of this section only if:
a. The beginning time of the required appearance is noted on the
subpoena;
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b. The time the employee is released from the court or administrative
proceeding appearance is noted on the subpoena and initialed by
the prosecuting attorney or appropriate government representative;
c. A copy of the employee's subpoena complying herewith is
delivered to their supervisor within seven(7)working days
following the court or administrative proceeding appearance.
3. Compensation for preparation time shall be provided for more than one
appearance per day, only if any additional appearance is scheduled to
begin at least two(2)hours after the employee is released from any prior
court or administrative proceeding appearance.
4. The prosecuting attorney or appropriate government representative shall
have the right and the duty to refuse to initial the subpoena of any
employee who through absence or neglect fails to appear in compliance
with the terms of the subpoena. Any employee failing to appear in
compliance with the terms of a formal notice or subpoena shall be subject
to disciplinary action.
VI. EDUCATION, CAREER LADDER AND TRAINING PAY
A. There shall be a career path incentive program based on the terms and conditions
agreed to by the City. This program shall be funded for the term of this
Compensation Plan.
B. Police Captains and Lieutenants are eligible for a$500 per year job-related
training allowance,which is in addition to the allowances listed above in this
Section VI.
VII. WAGE DIFFERENTIALS
Employees classified as Sergeants may receive the following wage differentials:
A. Call Out. Sergeants who have been released from their scheduled work shifts and
have been directed by an appropriate division head or designated representative to
perform work without at least 24 hours advance notice or scheduling, shall be
compensated as provided in subparagraphs one(1) through three(3)below:
1. Sergeants who are directed to report to work shall receive a minimum of
four(4)hours compensation at one and one-half times their hourly wage
rate,or one and one-half times their hourly wage rate for actual hours
worked,whichever is greater.
2. Sergeants who are assigned to day shift, and who are directed to perform
work within eight (8)hours prior to the beginning of their regularly
scheduled shift shall receive a minimum of four(4)hours compensation at
one and one-half times their hourly wage rate, or one and one-half times
their hourly wage rate for actual hours worked, whichever is greater.
3. Sergeants who are assigned to the afternoon or graveyard shifts, and who
are directed to perform work within eight(8)hours following the end of
their regularly scheduled shift shall receive a minimum of four(4)hours
compensation at one and one-half times their hourly wage rate,or one and
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one-half times their hourly wage rate for actual hours worked,whichever
is greater.
B. Standby. Sergeants directed by their Division Commander or designee to keep
themselves available for City service during otherwise off duty hours shall receive
the following compensation: a Sergeant will be compensated one(1)hour of
straight time for each twenty-four(24)hours or significant portion thereof for
being immediately available. This compensation shall be in addition to any
callout pay or pay for time worked the employee may receive during the standby
period.
C. Extra-Duty Shifts.
1. For the purposes of this Article VII.B., "extra-duty shifts" are defined as
scheduled or unscheduled hours worked other than the sergeant's normally
scheduled work shifts. "Extra-duty shifts" do not include extension or
carry over of the sergeant's normally scheduled work shift,
2. In the event sergeants are required by the City to work extra-duty shifts,
time worked during each shift will be paid at one and one-half times the
sergeant's hourly wage rate.
VIII. ALLOWANCES
A. Business Expenses. City policy shall govern the authorization of employee
advancement or reimbursement for actual expenses reasonably incurred in the
performance of City business. Advancement or reimbursement shall be approved
only for expenses documented and authorized in advance within budget
limitations established by the City Council.
B. Automobiles.
1. 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 a rate as specified in City policy.
C. Uniform Allowance.
1. Employees in uniform assignments, as determined by their Division
Commander, may purchase authorized uniform items up to $450.00 per
fiscal year.
2. The CITY shall provide for the cleaning of uniforms as described in
Police Department policy.
3. Employees in plainclothes assignments, as determined by their Division
Commander, shall be provided a clothing and cleaning allowance of
$ 39.00 per pay period,
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4. In addition to the above uniform,clothing and cleaning allowances,
employees shall be allowed one additional uniform consisting of a uniform
pant, shirt, and tie. The cost of this additional uniform will be paid for by
the Police Department.
D. Other Allowances. The Mayor may,within budgeted appropriations, authorize
the payment of other allowances in extraordinary circumstances (as determined by
the Mayor) and as dictated by City needs.
IX. HOURS OF SERVICE
Hours Worked. For all sergeants 40 hours shall constitute a normal work week except for
work incentive programs approved by the City. Overtime work is to be discouraged. In
case of unforeseen circumstance or whenever public interest demands, an employee may
be required to perform overtime work by a Division Commander or designee.
This paragraph shall not be construed to limit or prevent the City from changing or
establishing work shifts as the need arises or to guarantee employees 40 hours work per
week. The City has adopted variable 40 hour work week schedules including 8 hour, 10
hour, and 12 hour shifts. It is the intent of the City to give reasonable notice of any work
schedule and shift changes to all affected employees. A shift change shall mean a change
from one permanent shift (day shift, swing shift, graveyard shift)to another permanent
shift.
X. HOLIDAYS AND VACATION
Employees shall receive holidays and vacations as provided in this paragraph X.
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 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.
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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 shall be taken upon request of the employee at the
discretion of the supervisor.
When any holiday listed above falls on a Sunday, the following business day shall
be considered a holiday. When any holiday listed above falls on a Saturday, the
preceding business day shall be considered a holiday. In addition to the above,
any day may be designated as a holiday by proclamation of the Mayor and/or the
City Council.
No employee shall receive in excess of one day of holiday pay for a single
holiday. Employees must work or be on authorized leave their last scheduled
working day before and the next working day following the holiday to qualify for
holiday pay.
B. Holiday Pay Upon Termination or Retirement
When an employee retires or separates from City employment for any reason,the
City shall compensate the employee for any holiday time accrued and unused
during the preceding twelve(12)months. The City shall not compensate the
employee for any unused holiday time accrued before the twelve(12)months
preceding the employee's retirement or separation.
C. 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. The following schedule shall apply:
Years Hours of Vacation Accrued
of Per Biweekly
City Service Pay Period
0 to end of year 3 3.08
4 to 6 3.69
7 to 9 4.62
10 to 12 5.54
13 to 15 6.I5
16 to 19 6.77
20 or more 7.69
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For any plan year in which there are 27 pay periods,no vacation leave
hours will be awarded on the 27th pay period.
3. 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:
Up to 9 years Up to 240 hours
After 9 years Up to 280 hours
After 14 years Up to 320 hours
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.
4. Years of City Service shall be based on the most recent date the person
became a Full-Time employee.
5. 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 Chief of Police and the 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 Chief Administrative Officer or
designee, without disturbing or interfering with the delivery of City
services.
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.
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
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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 continue 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.F. (Plan"A"), or as provided in paragraph XI.G. (Plan
C. Employees hired on or after November 16, 1997 shall participate in Plan B. All
other employees shall participate in the plan they participated in on November 15,
1998, except as provided in paragraphs XI.D. and XI.E.
D. Employees hired on or after November 16, 1997 and who, after 1998 and before
July 1, 2006, elected to change participation from Plan A to Plan B following
promotion from the 500 Series to the 800 Series shall participate in Plan B.
E. Employees participating in Plan A, who were hired on or before November 16,
1997, may, during an election period beginning July 1, 2007 and ending
September 30, 2007,choose to participate in Plan B effective November 4,2007.
F. 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
worker's compensation benefits and avoiding,to the extent
allowable by law,duplicative payments.
b. Each employee 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.
Unused sick leave may be accumulated from year to year subject to
the limitations of this plan.
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c. Under this Plan"A,"Full-Time employees who have accumulated
240 hours of sick leave may choose to convert up to 64 hours of
the sick leave earned and unused during any given year to vacation.
Any sick leave used during the calendar year reduces the allowable
conversion by an equal amount.
(1) Conversion at the maximum allowable hours will be made
unless the employee elects otherwise. Any election by an
employee for no conversion, or to convert less than the
maximum allowable sick leave hours to vacation time,
must be made by notifying Human Resource Management,
in writing not later than the second payperiod of the new
calendar year. Otherwise,the opportunity to waive
conversion,or elect conversion other than the maximum
allowable amount, shall be deemed waived for that calendar
year. In no event shall sick leave days be converted from
other than the current year's sick leave allocation.
(2) Any sick leave hours, properly converted to vacation
benefits as above described, shall be deemed to be taken
prior to any other vacation hours to which the employee is
entitled;provided,however, that in no event shall an
employee be entitled to any pay or compensation upon an
employee's termination for any sick leave converted to
vacation. Any sick leave converted to vacation remaining
unused at the date of termination or retirement shall be
forfeited by the employee.
2, Hospitalization Leave
a. Hospitalization leave shall be provided for Full-Time employees
under this Plan"A,"in addition to sick leave authorized hereunder,
as insurance against loss of income when employees are unable to
perform assigned duties because of scheduled surgical procedures,
urgent medical treatment, or hospital in-patient admission.
b. Employees shall be entitled to 30 days of hospitalization leave each
calendar year. Hospitalization leave shall not accumulate from year
to year. Employees may not convert hospitalization leave to
vacation or any other leave,nor may they convert hospitalization
leave to any additional benefit at time of retirement.
c. Employees who are unable to perform their duties during a shift
due to preparations(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.
d. Employees who must receive urgent medical treatment at a
hospital, emergency room,or acute care facility, and who are
unable to perfoian their duties during a shift due to urgent medical
treatment, may report the absence from the affected shift as
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hospitalization leave. The employee is responsible to report the
receipt of urgent medical treatment to the employee's Division
head or 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.
e. Employees who are admitted as an inpatient to a hospital for
medical treatment, so they are unable to perform their duties,may
report the absence from duty while in the hospital as
hospitalization leave.
f. Medical treatment consisting exclusively or primarily of post-
injury rehabilitation or therapy treatment,whether conducted in a
hospital or other medical facility, shall not be counted as
hospitalization leave.
g. An employee requesting hospitalization leave under this section
may be required to provide verification of treatment 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
grandstepchild, stepchild, stepmother, stepfather, stepbrother or
stepsister, grandfather-in-law, grandmother-in-law,or domestic
partner, as defined in Paragraph b. below,or domestic partner's
relative as if the domestic partner were the employee's spouse. In
the event of death in any of these instances, the employee will be
paid his or her regular base pay for scheduled work time from the
date of death through the day of the funeral or memorial service,
not to exceed five working days. The employee will be permitted
one additional day of funeral leave on the day following the 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
funeral or memorial service, and the date of burial,must,on
request,be furnished by the employee to his or her supervisor.
b. "Domestic Partner"means an individual with whom an eligible
employee has a long term committed relationship of mutual caring
and support. The domestic partner must have resided in the same
household with the eligible employee for at least the past six
consecutive months, and must have common financial obligations
with the employee. The domestic partner and the employee must
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be jointly responsible for each other's welfare. The domestic
partner may not be related by blood to the employee to a degree of
closeness that would prohibit legal marriage in the State of Utah.
The domestic partner benefit provided under this bereavement
benefit is not effective before February 23, 2006.
c. In the event of death of an uncle, aunt, niece,nephew, or first
cousin to the respective employee, said employee will be paid for
time off from scheduled working hours while attending the funeral
or memorial 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,or may use
available vacation leave,while attending the funeral or memorial
service for such person, subject to the approval of his or 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 or her vacation will be extended by the amount of
time authorized as bereavement leave under said paragraph.
f. The provisions of this paragraph shall not be applicable to
employees who are on leave of absence other than vacation leave.
4. Dependent Leave.
a. Under Plan"A,"paid dependent leave may be requested by a Full-
Time employee covered by this Compensation Plan for the
following reasons:
l. 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,spouse's
child, domestic partner(as defined in Paragraph c. below),
domestic partner's unmarried child under age 26,or parent
with a serious health condition.
Domestic partners and domestic partners' children are not covered
by FMLA.
b. Under Plan"A,"dependent leave may also be requested by a Full-
Time employee to care for an employee's child, spouse, spouse's
child, domestic partner(as defined in Paragraph c. below),
domestic partner's unmarried child under age 26,or a parent who
is ill or injured but who does not have a serious health condition.
c. "Domestic Partner"means an individual with whom an eligible
employee has a long term committed relationship of mutual caring
and support. The domestic partner must have resided in the same
household with the eligible employee for at least the past six
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consecutive months, and must have common financial obligations
with the employee. The domestic partner and the employee must
be jointly responsible for each other's welfare. The domestic
partner may not be related by blood to the employee to a degree of
closeness that would prohibit legal marriage in the State of Utah.
The domestic partner benefit provided under this bereavement
benefit is not effective before February 23, 2006.
d. The following provisions apply to the use of dependent leave by a
Full-Time employee.
(1) Dependent leave may be granted with pay on a straight time
basis.
(2) If the employee has accumulated and available unused sick
leave, the employee shall be entitled to use as dependent
leave accumulated and available unused sick leave.
(3) The employee shall give notice of the need to take
dependent leave and the expected duration of such leave to
to his or her supervisor as soon as possible under the
circumstances.
(4) The employee shall provide, upon request of the supervisor,
certification of birth or evidence of a child placement for
adoption, or a letter from the attending physician in the
event of hospitalization,injury or illness of a child, spouse,
spouse's child, domestic partner, domestic partner's child,
or parent within five calendar days following termination of
such leave.
(5) An employee's sick leave shall be reduced by the number
of hours taken by an employee as dependent leave under
this paragraph,provided,however,that up to 40 hours of
dependent leave used during the calendar year will not
affect the sick leave conversion options as outlined in
paragraph XI.D.I.c.
(6) Probationary employees are not eligible for dependent
leave.
5. Career Incentive Leave,Plan"A." 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
Lease 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 Chief of Police and be
approved subject to the department's business needs(e.g.,work schedules
and workload).
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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 to convert the
sick leave privilege provided above to hospital and surgical
coverage. If such an election is made in writing, 50%of the sick
leave hours available at retirement may be converted to a dollar
allowance at the time of retirement. The sick leave hours
converted to a dollar allowance shall be subject to any state and
federal income and social security tax withholding required by law.
An employee's available sick leave account balance,computed by
the hours therein times the salary rate at the effective date of
employment separation, determines the number of months of
medical and surgical coverage which may be purchased. The
purchase is made on a monthly basis,which shall be computed on
a monthly basis of charges against the account balance. If insurance
costs increase due to group experience, 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.
G Plan"B."
The benefit Plan Year of Plan"B"begins in each calendar year on the first
day of the pay-period that includes November 15. Under this Plan"B,"
paid personal leave shall be provided 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 disability—or an event that qualifies under the FMLA—a
personal leave request is subject to supervisory approval based on the
operational requirements of the City and any policies regarding the use of
such leave adopted by the department in which the employee works.
2. Each employee under this Plan"B"shall be awarded, at the beginning of
the second pay period of November in each calendar year,personal leave
hours based on the following schedule:
Months of
Consecutive Hours of Personal
City Service Leave Per Bi-Weekly Pay Period
Less than 6 40
Less than 24 60
24 or more 80
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Employees hired during the plan year will be provided paid personal leave
on a pro-rated basis.
3. Not later than October 31 st in each calendar year, employees covered by
Plan"B"may elect,by notifying their Personnel/Payroll Administrator in
writing, to do any of the following:
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 calendar year up to 80 unused personal leave
hours, or
c. Convert a portion of unused personal leave hours, to a lump sum
payment as provided in subparagraph(a)above and carry over a
portion as provided in subparagraph(b)above.
4. Maximum Accrual. A maximum of 80 hours of personal leave maybe
carried over to the next plan year. Any personal leave hours unused or
converted before the end of the calendar year in excess of 80 shall be
converted to a lump sum payment as provided in subparagraph 3.a above.
5. Termination Benefit. At termination of employment for any reason,
accumulated unused personal leave hours, minus any adjustment necessary
after calculating the"prorated amount,"shall be paid to the employee at 50
percent of the hourly base wage rate on date of termination for each
unused hour. For purposes of this paragraph XI.I.5, "prorated amount"
shall mean the amount of personal leave credited at the beginning of the
plan year,multiplied by the ratio of the number of months worked in the
plan year(rounded to the end of the month which includes the separation
date)to 12 months. If the employee, at the time of separation,has used
personal leave in excess of the prorated amount, the value of the excess
amount shall be reimbursed to the City and may be deducted from the
employee's paycheck.
6. Conditions on Use of Personal Leave are:
a. Minimum use of personal leave is one hour,with supervisory
approval.
b. Except in unforeseen circumstances, such as emergencies or the
employees' inability to work due to their illness or accident, the
employees must provide their supervisors with prior notice to
allow time for the supervisors to make arrangements necessary to
cover the employees' work.
15
c. For leave due to unforeseen 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 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, grandfather-in-law, grandmother-in-law, or domestic
partner, as defined in Paragraph b. below,or domestic partner's
relative as if the domestic partner were the employee's spouse. In
the event of death in any of these instances,the employee will be
paid his/her regular base pay for scheduled work time from the date
of death through the day of the funeral or memorial service,not to
exceed five working days. The employee will be permitted one
additional day of funeral leave on the day following the funeral or
memorial service if such service is held more than 150 miles
distance fiom Salt Lake City and if the day following the service is
a regular work shift. Satisfactory proof of such death,together
with the date thereof,the date and location of the service, and the
date of burial,must, on request,be furnished by the employees to
their supervisors.
b. "Domestic Partner"means an individual with whom an eligible
employee has a long term committed relationship of mutual caring
and support. The domestic partner must have resided in the same
household with the eligible employee for at least the past six
consecutive months,and must have common financial obligations
with the employee. The domestic partner and the employee must
be jointly responsible for each other's welfare. The domestic
partner may not be related by blood to the employee to a degree of
closeness that would prohibit legal marriage in the State of Utah.
The domestic partner benefit provided under this bereavement
benefit is not effective before February 23, 2006.
c. In the event of death of an uncle, aunt, niece, nephew, or first
cousin to the respective employee, said employee shall 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.
d. In the event of death of friends or relatives not listed above, an
employee may be allowed to use personal leave or vacation for
time off to attend the funeral or memorial service for such person,
subject to the approval of their supervisor.
8. Career Enhancement Leave.Plan"B." An employee covered under this
Plan "B"is eligible, after 15 years of full-time service with the City,to be
selected to receive up to two weeks of career enhancement leave. This
leave could be used for formal training, informal course of study,job-
related travel, internship,mentoring or other activity that could be of
16
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 Police Chief, stating the
purpose of the request and how the leave is intended to benefit the City.
The request must be approved by the Police Chief and by the Human
Resources Director(who will review the request for compliance with the
guidelines outlined here).
9, BenefitRetirement/Layoff(RL)Benefit, Plan"B."
a. 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 or after 1998 but before July 1, 2006 to
change participation from Plan A to Plan B, shall have an RL
account equal to fifty percent of their accumulated unused sick
leave hours available on the first day of the Plan B plan year
following the election, minus any hours withdrawn after the
account is established.
c. Full-Time employees who were hired before November 16, 1997
and who elected in 2007 to be covered under Plan"B,"shall have a
retirement/layoff(RL)account equal to forty percent of their
accumulated unused sick leave hours available on November 4,
2007, minus any hours withdrawn after the account is established.
d. Payment of the RL Account.
(1) All of the hours in the RL account shall be payable at
retirement or layoff as follows: The employee shall be paid
the employee's hourly rate of pay on date of termination or
layoff for each hour in the employee's RL account.
(2) In the case of retirement only, in lieu of the above,
employees may elect in writing 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 that
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 due to group experience, the number of months of
coverage will decrease.
17
e. 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 Chief of Police or designee to use RL
account hours as 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 employees covered under Plan"B"through short term
disability insurance(SDI). There shall be no cost to the employee for SDI.
SDI shall be administered in accordance with the terms determined by the
City. As one of the conditions of receiving SDI, the employee may be
required to submit to a medical examination by a medical provider of the
City's choosing.
XII. MILITARY LEAVE AND JURY DUTY
A. Leave of absence for employees who enter uniformed service. An employee who
enters the service of a uniformed services of the United States, including the
United States Army,United States Navy,United States Marine Corps,United
States Air Force, commissioned Corps of the National Oceanic and Atmospheric
Administration,United States Coast Guard,or the commissioned corps of the
Public Health Service, shall be entitled to be absent from his or her duties and
service from the City without pay as required by state and federal law. Said leave
shall be granted for no more than five cumulative years, consistent with the
federal Uniform Services Employment and Reemployment Rights Act(USERRA).
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 Duty. Employees shall be entitled to receive and retain statutory
juror's fees paid for jury service in the State and Federal Courts subject to the
conditions hereinafter set forth. No reduction in an employee's salary or regular
wages shall be made for absence from work resulting from such jury service. On
those days that an employee is required to report for jury service and is thereafter
excused from such service during his or her regular working hours from the City,
he or she shall forthwith return to and carry on his or her regular City
employment, Employees who fail to return to return to work after being excused
from jury duty for the day shall be subject to discipline.
18
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•
XIII. INJURY LEAVE
A. Injury Leave. The City shall establish rules governing the administration of an
injury leave program for employees under the following qualifications and
restrictions:
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;
2. The employee must be unable to return to work due to the injury as
verified by a medical provider acceptable to the City;
3. The leave benefit shall not exceed the value of the employee's net salary
during the period of absence due to the injury, less all amounts paid or
credited to the employee as Workers' Compensation, Social Security, long
term disability or retirement benefits, or any form of governmental relief
whatsoever;
4. The aggregate value of benefits provided to employees under this injury
leave program shall not exceed the total of$5,000 per employee per
injury; unless approved in writing by the Mayor for extraordinary reasons
or circumstances;
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 Chief of Police or designee 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 the Chief of Police.
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
19
•
necessary to fund the plan within budget limitations established by the City
Council.
B. The City will participate in the Nationwide Post Employment Health Plan, as
adopted by the City by ordinance. Each year,the City will contribute$24.30 per
biweekly pay period into each employee's Nationwide Post Employment Health
Plan account. For any year in which there are 27 pay periods, no such
contribution will be made on the 27th pay period.
XVI. WORKERS' COMPENSATION
In addition to the foregoing,the City may provide for Workers' Compensation coverage
to the employees under applicable provisions of State statute.
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 hum
performing their regular duties.
XIX. SEPARATION FROM SERVICE
A. Social Security Adopted. Exception. Employees shall be exempted from the
provisions of the Federal Social Security System unless determined otherwise by
the City 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 Public Safety Retirement System (Contributory and Non-
Contributory)
2. Deferred Compensation Programs
3, Retirement Incentive Programs
C. The 2007-2008 fiscal year retirement contribution rates for employees covered by
this paragraph are shown in Appendix B.
D. Layoffs.
1. Employees who are subject to layoff because of lack of work or lack of
funds shall be eligible to receive:
20
a. One hundred percent of their accumulated unused sick leave hours,
if covered under paragraph XI.H. (Plan"A"); or
b. One hundred percent of their RL account if covered under
paragraph XI.I(Plan"B").
c. Accrued unused personal leave at 50%of the employees' base
hourly rate, if covered under paragraph XI.I (Plan"B").
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, or holiday time covered under Section X.B.,
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.I.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. 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.
XXII. APPROPRIATION OF FUNDS
All provisions in this compensation plan that involve the expenditure of funds are subject
to appropriation of funds for such purposes.
21
APPENDIX A - SALARY SCHEDULE FOR 800 SERIES EMPLOYEES
Bi-Weekly Rates
July 1, 2007
SERGEANT A B C
Days Swing Graves
Level 813 $2,612.00 $2,677.60 $2,742.40
Level 812 $2,488.00 $2,550.40 $2,612.80
A B C
LIEUTENANT Days Swing Graves
Level 822 $3,072.80 $3,149.60 $3,226.40
Level 821 $2,926.40 $2,999.20 $3,072.80
CAPTAIN
Level 830 $3,476.00
Level 829 $3,310.40
Change in pay level assignment depends on approval of Police Chief
APPENDIX B
UTAH STATE RETIREMENT CONTRIBUTIONS FY 2007-2008
TOTAL EMPLOYEE TOTAL
UTAH STATE EMPLOYEE CONTRIBUTION EMPLOYER GRAND TOTAL
RETIREMENT SYSTEM CONTRIBUTION PAID BY CITY CONTRIBUTION CONTRIBUTION
Public Safety Contributory
Retirement System 4.34% 9.40% 22.99% 36.73%
Police Officers
Public Safety Contributory
Retirement System 1.84% 11.90% 22.99% 36.73%
800 Series
Public Safety Contributory
Retirement System 0 13.74% 22.99% 36.73%
Executives
Public Safety Noncontributory
Retirement System 0 0 35.71% 35.71%
APPENDIX C
Note: The following City policy was in effect on the date of this plan's adoption. It is included
here for information of employees. The City's FMLA policy may change during the term of this
plan. Also, portions of the policy may be determined invalid by the courts. The City and its
employees will comply with the Family Medical Leave Act, as defined in applicable law or
regulation, and as interpreted by the courts. The inclusion of the City's policy in this plan is not
intended to and does not create substantive rights for employees.
SALT LAKE CITY POLICY MANUAL
FAMILY AND MEDICAL LEAVE ACT POLICY 3.01.07
GENERAL PURPOSE: To explain the circumstances under which eligible employees
may take up to 12 weeks of unpaid,job-protected leave per 12 month period for certain
family and medical reasons.
I. THE FAMILY AND MEDICAL LEAVE ACT ("FMLA") IS A FEDERAL LAW
A. Entitles eligible employees to job protected, unpaid leave for up to 12 weeks per
qualifying 12 month period for certain qualifying events and health conditions
B. Provides for continuation of group health plan benefits during FMLA leave
C. Restores the employee to the same or an equivalent job upon return to work
D. Protects the employee from discrimination as a result of taking FMLA leave
II. QUALIFYING EVENTS FOR WHICH FMLA CAN BE TAKEN
A. The birth or adoption of a child;
B. Placement of a foster child in the employee's home;
C. A serious health condition of the employee; or
D. The care for a spouse, child or parent with a serious health condition.
III. FMLA LEAVE WHEN HUSBAND AND WIFE BOTH WORK FOR THE CITY
A. A husband and wife who are eligible for FMLA leave and are both employed by
the City are limited to a combined total of 12 weeks of leave during the 12 month
period if the leave is taken:
1. for the birth of a child or to care for the child after the birth;
2. for the placement of a child with the employee for adoption or foster
care, or to care for the child after placement; or
3. to care for the employee's parent with a serious health condition.
B. Where the husband and wife both use a portion of the total 12 week FMLA leave
entitlement for one of the purposes set forth in IIIA, above, the husband and wife
each are entitled to the difference between the amount he/she has taken
individually and 12 weeks for FMLA leave for a qualifying event other than those
identified in IIIA.
1
APPENDIX C
IV. EMPLOYEE ELIGIBILITY
To be eligible for FMLA leave, the employee must be:
A. employed by the City for at least 12 months and
B. employed by the City for a minimum of 1250 compensable work hours as
determined under the Fair Labor Standards Act during the 12 month period
immediately preceding the commencement of the leave.
V. 12 MONTH PERIOD DURING WHICH FMLA LEAVE CAN BE TAKEN
The 12 month period during which the 12 weeks of FMLA leave can be taken is
measured forward from the date the employee's first FMLA leave begins.
VI. EMPLOYEE RESPONSIBILITIES
An employee will:
A. Provide notice to his/her supervisor of the need for leave:
1. for leave that is foreseeable— at least 30 days in advance;
2. for leave that is unforeseeable—as soon as is practicable.
B. Advise his/her supervisor if the leave is to be taken intermittently or on a reduced
leave schedule basis.
C. Provide medical certification for leave taken as a result of a serious health
condition of the employee or of a serious health condition of the employee's
spouse, parent or child, if requested by the City's designee.
1. Failure by the employee to comply with the certification
requirements may result in a delay in the start of FMLA leave, a delay in
the restoration of the employee to his/her position, or unprotected leave
status.
D. Comply with arrangements to pay the employee-paid portion of the group health
plan benefit premiums (See Section XI).
E. Periodically advise his/her supervisor, at least every 30 days, of his/her condition,
or the condition of his/her spouse, child or parent, and the intent to return to work
at the conclusion of leave.
F. Notify his/her supervisor of any changes in the circumstances for which leave is
being taken.
G. Provide his/her supervisor with a fitness for duty certification if required by
his/her supervisor, timekeeper, or HR consultant upon the employee's return to
work following the employee's serious health condition.
VII. THE CITY'S RESPONSIBILITIES
As the employer, the City, through its designees, will:
A. Maintain coverage of group health plan benefits at the level and under the
conditions coverage would have been provided if the employee had continued in
employment without utilizing FMLA leave.
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 VI E).
E. The City reserves its right to require, at its own expense, second and third medical
opinions, as specified by the FMLA.
IX. USE OF PAID LEAVE IS REQUIRED BEFORE TAKING UNPAID FMLA
LEAVE
The City requires all employees utilizing FMLA leave to exhaust their paid leave
allotments prior to taking FMLA leave unpaid. The paid leave parameters are defined
by the employee's contract or compensation plan.
A. FMLA leave for qualifying events, other than the serious health condition of the
employee
1. Plan A
3
•
APPENDIX C
a. paid leave comes first from dependent leave, in the amount
allowed in the contract/compensation plan.
b. the remaining leave comes from the employee's vacation time.
2. Plan B
a. either personal leave time and/or vacation time can be used
b. severance account hours can be used in the same manner as sick
leave hours are allowed under Plan A.
B. FMLA leave for the serious health condition of the employee
1. Plan A
a. paid leave comes first from hospital leave (when appropriate);
b. followed by all sick leave
c. followed by vacation time
2. Plan B
a. paid leave will be provided when appropriate from the Short Term
Disability Insurance Program
b. personal leave, severance account hours, and vacation time will
then be utilized in that order.
C. Compensatory time may be used for an FMLA reason but any period of leave
paid from the employee's accrued compensatory time account will not be
counted against the employee's FMLA leave entitlement.
D. Leave taken for a serious health condition covered under Workers'
Compensation will be counted towards an employee's FMLA entitlement.
Accrued paid leave may be used at the same time the employee is collecting a
Workers' Compensation benefit only to the extent that it allows the employee to
collect 100% of his/her net salary.
X. INTERMITTENT LEAVE
A. Leave may be taken intermittently or on a reduced leave schedule when medically
necessary for medical treatment of a serious health condition, for recovery from
such treatment or from the serious health condition, or when the serious health
condition of a spouse,parent or child of the employee requires intermittent
treatment and requires the employee's care and/or involvement in the treatment
and or the care of the parent, child, or spouse.
1. When the need for intermittent or reduced schedule FMLA leave is
foreseeable, the employee must make reasonable attempts to arrange
the schedule of the leave so as not to unduly disrupt the City's
operations.
B. The employee taking intermittent leave under the FMLA may be required to
transfer temporarily to an available alternative position for which the employee is
qualified. The alternative position must have equivalent pay and benefits and
better accommodate recurring periods of leave than the employee's regular
position. FMLA leave taken for the birth or adoption of a child or for the
placement of a foster child in the employee's home cannot be taken on an
intermittent or reduced leave schedule.
4
• APPENDIX C
XI. BENEFITS WHILE ON FMLA LEAVE
A. For the duration of FMLA leave, the City will pay the City-paid portion of the
premiums for group health plan benefit coverage, which includes medical
insurance coverage, Basic Employee Term Life Insurance, and Short Term
Disability Insurance, subject to Section XIA3.
1. While on FMLA leave utilizing paid leave, the employee-paid portion of
the group health plan benefit premiums are deducted from employee's
check as usual.
2. When FMLA leave is unpaid, the employee must contact the Benefits
Section of Human Resources (535-7900)to make arrangements to pay the
employee portion of the insurance premiums. The employee and
employer will agree in writing as to the way the employee-paid portion of
the group health benefit plan premium payments will be paid, under the
four allowable options:
a. Payment would be due at the same time as it would be
made if by payroll deduction;
b. Payment would be due on the same schedule as payments
are made under COBRA;
c. Payment would be prepaid pursuant to a cafeteria plan at
the employee's option; or
d. Prepayment of the employee-paid portion of the group
benefit plan premiums through increased payroll
deductions before the leave is taken, when the need for
unpaid FMLA leave is foreseeable, or payment of the
employee-paid portion of the group benefit plan premiums
through increased deductions after the employee returns to
work following unpaid FMLA leave when the need for
unpaid FMLA leave is not foreseeable.
3. If the employee-paid portion of the group health plan benefit
premium is more than 30 days late, the City's obligation to maintain
group health plan insurance coverage will cease.
a. The City, through its designee, will provide written notice
at least 15 days prior to the date coverage will be cancelled
that payment has not been received.
b. The employee will have 15 days after the date of
notification, or 30 days from the date the premium was due,
whichever is greater, to make the required premium
payment(s).
c. If the employee fails to pay his/her portion of the group
health plan benefit premium(s), the employee will lose
his/her group health plan benefit coverage.
B. The City is not responsible for maintaining non-health care related benefits paid
directly by the employee through voluntary deductions (dental, supplemental and
dependent life insurance, accident insurance plans, or LTD). It is the employee's
responsibility to make arrangements through the Benefits Section of Human
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• APPENDIX C
Resources (535-7900) for the payment of those benefit premiums when on unpaid
FMLA leave.
C. If an employee fails to return to work after unpaid FMLA leave has ended, the
employee shall reimburse the City all City-paid group health plan benefit
premiums it paid on behalf of the employee unless the failure to return from leave
is due to:
1. the continuation, recurrence, or onset of a serious health condition
of the employee or the employee's family member which would
otherwise entitle the employee to leave under FMLA;
2. other circumstances beyond the employee's control.
D. An employee is considered to have returned to work following FMLA leave if
he/she returns for at least 30 calendar days.
E. An employee's seniority will not be interrupted if the employee utilizes paid leave
while on FMLA leave. Once paid leave is exhausted, no seniority or pension
credit will be accumulated for the unpaid FMLA leave time. Upon return from
unpaid leave the employee's seniority will continue where the accumulation left
off.
XII. RETURN TO WORK AFTER FMLA LEAVE
A. Upon return to work following FMLA leave, the employee must provide a
medical certification of the employee's fitness to return to work if the FMLA
leave was taken for the employee's own serious health condition.
B. If the employee fails to provide a fitness certificate after being notified by the City
of the need for the certificate, the City, through its designee, may delay the
employee's return to work until the fitness certificate is provided.
C. An employee will be returned to his/her job or an equivalent job with equivalent
pay,benefits, and working conditions, if the original job is not available.
D. Key employees that earn salaries in the top ten percent of Salt Lake City
Corporation's workforce and whose return would cause "substantial and grievous
economic injury" or hardship to the City's operations, may not be reinstated.
E. The City may take any personnel action/decision that would have happened if the
employee had continued to work while the employee is on FMLA leave.
Effective Date: March 29, 2000
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