The City of El Paso values a work/life balance among its employees.
The City's attempt to assist with work/life balance includes
paid holidays.
A.
List of holidays. The City shall recognize the following days as
holidays:
New Year's Day
Memorial Day
July 4th
Labor Day
Thanksgiving and the day after
Christmas Eve and Christmas Day
Two floating holidays (discretionary days)
B.
Definition.
(1)
The City of El Paso will grant paid holiday time off to all
eligible full-time employees and regular part-time employees immediately
upon assignment.
(2)
Holiday pay will be calculated based on the employee's
straight time pay rate (as of the date of the holiday) times the number
of hours the employee would otherwise have worked on that day (up
to a maximum of eight hours). Holiday pay will not be counted as "hours
worked" for purposes of calculating overtime for nonexempt employees
who work during a holiday week. A recognized holiday that falls on
a Saturday will be observed on the preceding Friday. A recognized
holiday that falls on a Sunday will be observed on the following Monday.
C.
Holiday pay.
(1)
In order to receive pay for an observed holiday, an employee
must not have been absent without paid leave for any hour(s) either
on the workday preceding or following the holiday.
(2)
Regular part-time employees shall receive holiday leave with
pay on a pro-rated basis equal to the number of hours they normally
and regularly work. All police personnel see collective bargaining
agreement.
(3)
Employees on an unpaid leave of absence are not eligible for
holiday pay.
D.
Paid absence for holidays. If a recognized holiday falls during an
eligible employee's paid absence (e.g., vacation, personal leave
time) holiday pay will be provided instead of the paid time off benefit
that would otherwise have been applied.
E.
Work during a holiday. Employees who are required to work on a City
observed holiday will be paid for all hours worked, in addition to
up to eight hours of holiday pay. An employee who works both the City
observed holiday and the actual holiday will only be paid overtime
for the actual holiday. When the actual holiday and the City observed
holiday are on an employee's regularly scheduled day off, the
employee will be granted a day off in lieu of the holiday to be taken
during the one-year period following the holiday.
A.
The City of El Paso values a work/life balance among its employees
and believes that the use of vacation time helps employees to refresh
themselves and come back to work with increased focus and energy.
B.
Vacation time off with pay is available to eligible employees to
provide opportunities for rest, relaxation, and personal pursuits.
Employees are encouraged to use their full allotment of vacation paid
time off each year. Temporary part-time and seasonal employees do
not receive the vacation benefits outlined in this section. If, however,
your status changes such that you are now eligible, you will be so
notified. Regular part-time employees will accrue vacation time the
same as full-time employees, prorated to the number of normally scheduled
hours worked and on paid leave. The amount of paid vacation time employees
receive is based on hours paid in employment, as shown in the following
schedule:
|
Vacation Earning Schedule
| ||
|---|---|---|
|
Hours Per Year
|
Days Per Year
| |
|
After 1 year
|
80 Hours
|
10 Days
|
|
After 5 years
|
120 hours
|
15 Days
|
|
After 15 years
|
160 hours
|
20 Days
|
C.
$500 bonus per year after completion of 20 full years of employment
$1,000 bonus per year after completion of 25 full years of employment
Vacation and leave shall be earned and credited based upon an eligible
employee's length of service as of the employee's anniversary
date of employment with the City. Vacation does not accrue between
employment anniversary dates and may not be taken until it is earned.
Employees must follow any departmental rules and schedules concerning
the use and availability of vacation time.
D.
Vacation leave may be accumulated up to twice the amount accrued
per year. The vacation season shall be the twelve-month period between
anniversary dates. At the end of each year (the employment anniversary
date of the employee), the following compensation policy for unused
vacation time shall apply:
(1)
The employee may surrender a maximum of 160 hours of vacation
time for monetary compensation at the employee's base/hourly
rate of pay at the time of the surrender.
(2)
Any vacation time to be accrued in excess of twice the annual
amount on the anniversary date shall be paid to the employee at the
employee's hourly rate of pay on the applicable anniversary date.
E.
For exempt employees, use of vacation leave is recorded only if the
employee is absent for at least 0.5 of one day. If an exempt employee
is absent or leaves for a period of less than four hours, no vacation
leave time shall be recorded. If an exempt employee is absent for
a period of more than four hours, but less than eight hours, then
four hours of vacation leave shall be recorded. In lieu of vacation
time, the employee may record discretionary time for the period of
absence.
F.
To take vacation leave, employees are required to seek approval from
their supervisors as far in advance under the circumstances, but no
less than at least 48 hours in advance of the intended leave day,
if possible. The City reserves the right to deny requests to use vacation
time for absences that are not scheduled in advance, consistent with
this policy, staffing requirements, and department rules. While the
City will make every effort to grant your vacation request, it is
possible that your request may be denied depending on business needs,
staffing requirements, and department rules. Additionally, the City
may cancel previously-approved vacation requests or require that vacation
be taken on certain days.
G.
For hourly, non-exempt employees, vacation time is paid at the employee's
regular straight time hourly rate at the time of vacation. For salaried
employees, vacation time will be paid at an hourly rate calculated
by dividing their base weekly salary by 40 hours (or by the number
of hours the employee is regularly scheduled to work, if fewer than
40). It does not include overtime or any special forms of compensation,
such as incentives, commissions, bonuses, or shift differentials.
Vacation does not count as hours worked for purposes of computing
overtime pay for nonexempt employees.
H.
Employees should be at work on their last day of employment and not
use vacation pay to extend their last day of work. The only exceptions
are for retirees and employees resigning in lieu of involuntary termination.
I.
If an employee leaves the City's employment for any reason,
the City will pay the employee for any unused vacation that the employee
has accrued as of the employee's separation date.
A.
Personal leave.
|
Personal Leave Earning Schedule
| ||
|---|---|---|
|
Hours Per Year
|
Days Per Year
| |
|
After 6 months
|
40 hours
|
5 Days
|
|
After 2 years
|
80 hours
|
10 Days
|
(1)
Any personal days in excess of 10 at the end of each calendar
year shall be paid to the employee at the employee's then current
straight time (for nonexempt employees) hourly rate. Except as otherwise
provided in this section, those regular full-time employees who as
of January 1 of a given year are not at work due to a leave of absence
(excluding approved paid time off such as vacation) for any reason,
shall not be allotted personal days if not actively working at work
as of January 1 of a given year.
(2)
Personal time shall be used in increments of one hour or greater.
In lieu of personal time, an employee may record vacation time for
periods of absence. For exempt employees, use of personal leave is
recorded only if the employee is absent for at least 1/2 (four hours)
of one (eight-hour) day. If an exempt employee is absent or leaves
for a period of less than four hours, no personal leave time shall
be recorded. If an exempt employee is absent for a period of more
than four hours but less than eight hours, then four hours of personal
leave shall be recorded. In lieu of personal time, an employee may
record vacation time for periods of absence.
(3)
Employees who are unable to report to work due to illness or
injury should notify their direct supervisor as soon as practicable
under the circumstances, but no later than one hour prior to the scheduled
start of their workday. Whenever you call in to report an absence
for an illness or injury, you must provide at least the following
information:
(a)
The specific reason for your absence, with sufficient information
to allow the City to determine whether your absence may qualify as
FMLA or other legally protected leave;
(b)
When your leave will begin and, if known when you expect to
return to work, including specific dates and times of absences, if
known;
(c)
A telephone number where you may be reached for further information.
(4)
Calling in "sick" without providing further information is not
acceptable. Although employees are required to notify their direct
supervisor as soon as possible for any absent relating to an illness
or injury, please understand that providing such notice does not mean
that your request for time off will be approved or that you will avoid
discipline for excessive absenteeism, as permitted under applicable
law.
(5)
The same procedure above must be followed each additional day
of absence. All notification needs to be by a telephone call to the
employee's supervisor, texting is not permitted.
(6)
Personal leave benefits under this policy will be calculated
based on the employee's straight time (non-exempt employees)
hourly pay rate at the time of the approved absence and will not include
any special forms of compensation, such as incentives, commissions,
bonuses, or shift differentials. Personal leave time off shall be
counted as hours worked for purposes of calculating service time under
the City's vacation earning schedule but shall not count toward
calculating hours worked for purposes of determining overtime.
(7)
For FMLA compliance purposes, all directors, managers, and supervisors
must notify the Director of Public Service of any employee illness,
condition, or absence exceeding three consecutive days and for all
absences due to an intermittent or serious recurring condition. The
Director of Public Service may request a doctor's authorization
at any time before an employee may return to work for all medical
related absences exceeding three consecutive days.
(8)
Upon separation of employment, any personal leave time accrued
will be paid to the employee.
B.
Bereavement leave.
(1)
If an employee wishes to take time off due to the death of a
family member, then the employee should notify his/her supervisor
immediately. Up to five days of paid bereavement leave will be provided
to eligible employees for the death of their spouse, parent, or child;
and up to three days of paid bereavement leave will be provided for
other family members (listed below).
(2)
Bereavement pay is calculated based on the straight time (non-exempt
employees) hourly pay rate at the time of the bereavement and will
not include any special forms of compensation, such as shift differentials.
Approval of bereavement leave will occur in the absence of unusual
job demands or operating requirements. Any employee may, with the
supervisor's approval, use any available paid leave for additional
time off as necessary.
(3)
The City of El Paso defines "other family members" as:
(a)
The employee's mother-in-law and father-in-law.
(b)
All brothers-in-law and sisters-in-law.
(c)
Sons-in-law and daughters-in-law.
(d)
Siblings of the employee and/or the employee's spouse.
(e)
Grandparents and step grandparents.
(f)
Grandchildren and step grandchildren.
(g)
Stepparents.
(h)
Stepchildren.
(4)
Unpaid leave for death of a child.
(a)
Employees who are "eligible employees" under the Family and
Medical Leave Act may take up to two weeks (10 working days) of unpaid
bereavement leave due to the death of a child. A "child" for purposes
of this policy means the employee's son or daughter who is a
biological, adopted, or foster child, a stepchild, a legal ward, or
a child for whom the employee stands in loco parentis. Leave under
this policy may be used to:
(b)
If more than one of an employee's children dies during
a twelve-month period, the employee is entitled to up to six weeks
of bereavement leave under this policy during the twelve-month period.
Leave under this policy must be used within 60 days after the date
on which the employee receives notice of the death of the child. An
employee who wishes to use leave under this policy must provide the
employee's supervisor with at least 48 hours' advance notice,
unless providing such notice is not reasonable or practicable under
the circumstances. The City may require reasonable documentation to
support a request for leave under this policy.
(c)
Employees who have available paid leave may elect to substitute
their paid leave for any period of unpaid leave under this policy
to the extent permitted by the applicable paid leave policy. Nothing
in this policy creates a right for an employee to take unpaid leave
exceeding the unpaid leave time allowed under or in addition to the
unpaid leave time permitted by the Family and Medical Leave Act.
C.
Jury duty.
(1)
The City of El Paso encourages employees to fulfill their civic
responsibilities by serving jury duty when required. Jury duty pay
will be calculated based on the employee's straight time (nonexempt
employees) hourly pay rate times the number of hours the employee
would otherwise have worked on the day of absence up to a maximum
of eight hours per day.
(2)
Employees must show the jury duty summons to their supervisor
as soon as possible so that the supervisor may make arrangements to
accommodate the absence. Of course, employees are expected to report
for work whenever the court schedule permits.
(3)
The City of El Paso will continue to provide health insurance
benefits for the full term of the jury duty absence. Vacation, personal
leave, and holiday benefits will continue to accrue during jury duty
leave.
(4)
To be eligible for paid leave for jury service, you must provide
the City with a copy of the check that you received for your jury
service.
D.
Time off to vote.
(1)
The City of El Paso encourages employees to fulfill their civic
responsibilities by participating in elections. Generally, employees
are able to find time to vote either before or after their regular
work schedule. If employees are unable to vote in an election during
their non-working hours, the City of El Paso will grant up to two
hours of paid time off to vote.
(2)
Employees should request time off to vote from their supervisor
at least two working days' prior to the Election Day. Advance
notice is required so that the necessary time off can be scheduled
at the beginning or end of the work shift, whichever provides the
least disruption to the normal work schedule.
E.
Military leave under the Uniformed Services Employment and Reemployment
Rights Act and the Illinois Service Member Employment and Reemployment
Rights Act. The City recognizes that employees may need to be absent
from work to serve in the US or state military. The City provides
military service leaves of absence to all regular full-time, part-time,
and probationary employees in compliance with the Uniformed Services
Employment and Reemployment Rights Act ("USERRA") and the Illinois
Service Member and Reemployment Rights Act ("ISERRA").
(1)
Procedures.
(a)
If you need to take military service leave, you or an authorized
military service officer should provide advance notice to your supervisor.
When possible, you should give at least 30 days' notice of your
request for leave. If 30 days' notice is not possible because
of military necessity or for other reasons, you should give as much
advance notice to the City Administrator's office as possible.
(b)
Written notice is preferred, but not required. Where possible,
please submit a copy of your military orders, training notice, or
order to active duty, to your supervisor or the City Administrator's
office.
(2)
Eligible employees. All City employees are eligible for military
service leave if they are absent from work because of eligible military
service.
(3)
Eligible military service.
(a)
For purposes of leave under this policy, eligible military service
includes certain types of service (listed below) in the following
military branches:
[1]
Armed Forces (Army, Navy, Air Force, Marine Corps, and Coast
Guard), including the Reserves.
[2]
Service in a federally recognized auxiliary of the United States
Armed Forces while performing duties in support of military or civilian
authorities as the result of an emergency.
[3]
National Guard, including the Army National Guard and Air National
Guard, when the employee is engaged under federal authority in active
duty for training, inactive duty training, or full-time National Guard
duty.
[4]
Service in the State Guard.
[5]
Commissioned corps of the Public Health Service.
[6]
Any other category of persons designated by the President in
time of war or national emergency.
(b)
Eligible employees may take leave under this policy for the
following types of military service:
[1]
Annual training.
[2]
Active duty.
[3]
Active duty for training.
[4]
Initial active duty for training.
[5]
Inactive duty training.
[6]
Full-time National and/or State active Guard duty.
[7]
Submitting to an examination to determine fitness for any of
these services.
[8]
Periods of absence for medical or dental treatment related to
a condition, illness, or injury sustained or aggravated during a period
of active service.
[9]
Funeral honors duty performed by National and/or State Guard
or Reserve members.
[10]
Duty performed by intermittent disaster response
personnel for the Public Health Service and approved training to prepare
for this service.
(4)
Performance ratings/evaluations for nonprobationary employees.
(a)
Nonprobationary employees who are absent on military leave will,
minimally, for the period of military leave, be credited with the
average of the performance ratings or evaluations received for the
three years immediately prior to the absence for military leave.
(b)
The rating will not be less than the rating received for the
rated period immediately prior to the absence on military leave. In
computing seniority and service requirements for promotion eligibility
or any other benefit of employment, the period of military duty will
be counted as civilian service.
(5)
Concurrent compensation for members of a reserve component.
During periods of military leave for annual training, any full-time
City employee who is a member of a reserve component will continue
to receive full compensation for up to 30 days per calendar year.
For purposes of receiving concurrent compensation, military leave
may be performed non-synchronously.
(6)
Differential compensation for members of a reserve component.
(a)
During periods of military leave for active service, which under
this policy means all forms of active or inactive duty regardless
of voluntariness, any full-time City employee who is a member of a
reserve component, and who has exhausted their right to concurrent
compensation, will receive differential compensation for the duration
of their active military service, but not to exceed 60 work days in
a calendar year.
(b)
Differential compensation will be calculated as follows:
[1]
The individual's regular compensation he/she was receiving
as a full-time City employee at the time of active service multiplied
by the number of workdays in the pay period;
[2]
Plus, any health insurance and other district benefits the employee
was receiving or accruing at the time of mobilization to active military
duty;
[3]
Minus the amount of the employee's base pay for military
service.
(c)
Differential compensation shall not be paid for active military
service without pay. To receive any differential pay, eligible City
employees must submit their military pay stubs to the City Administrator's
office so the City can calculate the differential pay. Eligible employees
also may use any or all of their accrued but unused vacation or other
paid time off during their military service leave. In no case can
the use of paid leave time result in an employee's receipt of
more than 100% of salary or wages.
(d)
Active military service will not result in the loss or diminishment
of any employment benefit, service credit, or status accrued at the
time the duty commenced.
(7)
Health plan benefits for members of a reserve component. City-based
health plan benefits will continue during periods of active military
service, with the City continuing to pay its share of the full premium
and administrative costs for active duty.
(8)
Seniority and other rights and benefits. Employees on military
leave are entitled to the seniority (and other rights and benefits
determined by seniority) they had on the date their military service
commenced. They are also entitled to any additional seniority and
rights and benefits they would have attained if they had remained
continuously employed.
(9)
Reemployment.
(a)
Employees may be eligible for reemployment after their military
service leave. Any employee who would like to return to work at the
City must report to work or submit an application for reemployment
to the City Administrator's office, including their military
discharge documentation, if available, as follows:
[1]
If their military service was for less than 31 days, they must
report to work on the first regularly scheduled workday that is at
least eight hours after they return home from military service.
[2]
If their military service was for 31 to 180 days, they must
apply for reemployment within 14 days following completion of military
service.
[3]
If their military service was for more than 180 days, they must
apply for reemployment within 90 days following completion of military
service.
[4]
If they suffered a service-connected injury or illness and they
are hospitalized or convalescing, they have up to two years following
completion of military service to return to their jobs or apply for
reemployment, depending on the length of recovery time required.
(b)
If any employees are unable to comply with this reporting schedule
through no fault of their own or if they are injured or recovering
from an injury and need an accommodation for specific circumstances
beyond their control, they should speak with the City Administrator's
office as soon as possible to determine if they are eligible for a
reasonable accommodation or additional time to apply for reemployment.
Employees who do not report to work or apply for reemployment within
the applicable timeframe will be subject to the City's rules
about unexcused absences.
(c)
Nothing in this policy requires the City to reemploy individuals
who are not eligible for reemployment rights under applicable law.
An employee who qualifies for reemployment, and subject to the above
conditions, shall be reemployed as follows:
[1]
Employees shall be reemployed in a position in which they would
have held if their continuous employment had not been interrupted
by such military service or a position of like seniority, status,
and pay. If the employee is unqualified for this position, the City
will provide training to the employee to assist the employee to become
qualified for the position. If despite reasonable attempts to train
the employee, the employee still is not qualified for the position,
the employee shall be reemployed in the position he or she held immediately
prior to his or her military leave of absence or a position of like
seniority, status, and pay to his or her original position.
[2]
For employees who become disabled or aggravate a disability
during such military service and, as a consequence, are unqualified
to be reemployed in the above manner despite reasonable efforts at
accommodation, they shall be reemployed in a position which is equivalent
in seniority, status and pay for which they are qualified or can become
qualified with reasonable efforts. If unavailable, they shall be reemployed
in a position which is the nearest approximation to such position
consistent with the circumstances of the individual's case.
[3]
For employees who are not qualified for the above position,
they shall be reemployed in a position of lesser status and pay that
the employee is qualified to perform with full seniority.
[4]
If two or more employees are eligible for reemployment to the
same position, the employee who left first shall have priority. All
other employees shall be reemployed in any other position that provides
similar status and pay with full seniority or, if disabled, to a position
of similar status and pay consistent with the individual's case.
(10)
Illinois Family Military Leave Act.
(a)
Employees who have worked for the City for at least 12 months
and at least 1,250 hours for the prior 12 months are entitled to take
unpaid, job-protected leave to visit with a spouse or child who has
been called into military service that will last longer than 30 calendar
days. The Company will provide up to 30 days of leave.
(b)
Employees must give the City at least 14 calendar days'
notice of the intended date upon which the family military leave will
commence if leave will consist of five or more consecutive workdays.
The City will not interfere with or restrain an eligible employee's
request for leave and will not retaliate against employees who exercise
this right.
(c)
During any family military leave, the City will make it possible
for employees to continue their benefits at the employee's expense.
Employees who return to work from leave of absence are entitled to
return to their job or an equivalent position without loss of benefits
or pay.
F.
Family and medical leave. The City is committed to compliance with
the Family and Medical Leave Act of 1993 (the "FMLA"). The FMLA allows
eligible employees to take up to 12 weeks of job-protected, unpaid
leave per year for certain specified reasons, measured on a rolling
twelve-month period measured backward from the date that the employee
uses his or her FMLA leave. Available leave is determined by subtracting
the number of weeks of FMLA leave taken during this twelve-month "look
back" period from the twelve-week total allowed. Eligible employees
also are entitled to a total of 26 workweeks of leave to care for
a family member who is a "covered servicemember" recovering from injury
or illness incurred during active-duty military service, measured
from the date the FMLA leaves commences going forward, as clarified
below. The following is a description of the City's specific
policies and procedures relating to FMLA leave. This policy is not
intended to confer any contractual rights or other legal rights beyond
those provided by the FMLA and does not alter the "at-will" status
of any employee.
(1)
Eligibility requirements for employees. Employees are eligible
for FMLA leave if they have worked for the City for at least one year
and for at least 1,250 hours over the previous 12 months.
(2)
Qualifying reasons that would entitle an employee to FMLA leave.
(a)
The FMLA requires that the company provide up to 12 weeks of
unpaid, job protected leave to eligible employees for the following
reasons:
[1]
For an incapacity due to pregnancy, prenatal medical care or
childbirth;
[2]
To care for the employee's child after birth, or placement
for adoption or foster care;
[3]
To care for the employee's spouse, son or daughter, or
parent, who has a serious health condition (see serious health condition
defined below);
[4]
For a serious health condition that makes the employee unable
to perform the employee's job (see serious health condition defined
below); or
[5]
For any qualifying exigency arising out of the fact that the
employee's spouse, son, daughter, or parent is a covered military
member on active duty in support of a contingency operation (see military
family leave entitlements below).
(b)
The FMLA also requires that the City to provide up to 26 weeks
of unpaid, job protected leave to eligible employees for them to:
[1]
Provide care for a covered servicemember with a serious injury
or illness if the employee is the spouse, son, daughter, parent, or
next of kin of the servicemember (see military family leave entitlements
below).
(c)
If a husband and wife both work for the City and each wishes
to take leave for the birth of a child, adoption or placement of a
child in foster care, or to care for a parent (but not a parent in-law)
with a serious health condition, the husband and wife may only take
a combined total of 12 weeks of leave. If a husband and wife both
work for the City and each wishes to take leave to care for a covered
injured or ill servicemember, the husband and wife may only take a
combined total of 26 weeks of leave.
(d)
With regard to substance abuse (including alcohol abuse), FMLA
leave may be taken only for treatment of substance abuse by or on
referral from a health care provider. Absences caused by the employee's
use of the substance, rather than for treatment, do not qualify for
FMLA leave.
(3)
Military family leave entitlements:
(a)
Eligible employees with a spouse, son, daughter, or parent on
active duty or call to active duty status in the National Guard or
Reserves, or family members of active duty servicemembers, in support
of a contingency operation may use their twelve-week leave entitlement
to address certain qualifying exigencies. Qualifying exigencies may
include:
[1]
Attending certain military events;
[2]
Arranging for alternative childcare;
[3]
Addressing certain financial and legal arrangements;
[4]
Attending certain counseling sessions;
[5]
Certain periods for rest and recuperation;
[6]
Attending post-deployment reintegration briefings; and
[7]
Arranging for alternative care for the military member's
parent who is incapable of self-care.
(b)
The FMLA also includes a special leave entitlement that permits
eligible employees to take up to 26 weeks of leave to care for a covered
servicemember during a single twelve-month period. A covered servicemember
is both a current member of the Armed Forces, including a member of
the National Guard or Reserves, who has a serious injury or illness
incurred in the line of duty on active duty that may render the servicemember
medically unfit to perform his or her duties for which the servicemember
is undergoing medical treatment, recuperation, or therapy; or is in
outpatient status; or is on the temporary disability retired list;
or a veteran who is undergoing medical treatment, recuperation or
therapy for a serious injury or illness that occurred any time during
the five years preceding the date of treatment. This leave entitles
the eligible employee to only one twenty-six-week period of leave
per covered servicemember, per injury. Employees may be eligible for
another twenty-six-week period of leave for a different covered servicemember
or for a different injury on the same covered servicemember for which
an earlier leave was taken.
(4)
Serious health condition defined.
(a)
A "serious health condition" is defined as an illness, injury,
impairment, or physical or mental condition that involves either:
[1]
An overnight stay in a medical care facility;
[2]
"Continuing treatment" by a health care provider for a condition
that either prevents the employee from performing the functions of
the employee's job; or
[3]
Prevents the qualified family member from participating in school
or other daily activities.
(b)
Subject to certain conditions, the "continuing treatment" requirement
may be met by a period of incapacity of more than three consecutive
calendar days and any subsequent treatment or period of incapacity
relating to the same condition that also involves:
(c)
An incapacity exists when the employee or covered family member
is unable to work, attend school or perform other regular daily activities
due to the serious health condition, treatment of the serious health
condition, or recovery from the serious health condition.
(d)
Other conditions may meet the definition of continuing treatment.
In order to qualify as treatment by a health care provider, the first
(or only) in-person treatment visit must take place within seven days
of the first day of the employee's incapacity. If it does not,
your request for FMLA leave will be denied absent extenuating circumstances.
(5)
Employee notification responsibilities.
(a)
Employees must provide 30 days' advance notice of the need
to take FMLA leave when the need is foreseeable. When 30 days'
notice is not possible, the employee must provide notice as soon as
practicable (i.e. the same or next business day after the employee
learns of the need for FMLA leave) and must comply with the City's
normal call-in procedures.
(b)
Employees must provide sufficient information for the City to
determine if the leave may qualify for FMLA protection and the anticipated
timing and duration of the leave. Requests for FMLA leave will be
evaluated by the Director of Public Service to ensure that eligibility
requirements are met. Calling in "sick" without providing further
information is not acceptable. Sufficient information may include
that the employee is unable to perform job functions, the family member
is unable to perform daily activities, the need for hospitalization
or continuing treatment by a health care provider, or circumstances
supporting the need for military family leave. Employees also must
inform the City if the requested leave is for a reason for which FMLA
leave was previously taken or certified. Employees also may be required
to provide a certification and periodic recertification supporting
the need for leave (see employee's certification responsibilities
below).
(c)
All directors and supervisors must notify the Director of Public
Service office of any employee illness, condition, or absence exceeding
three consecutive days and for all absences due to intermittent or
recurring conditions, including, but not limited to, migraine headaches,
asthma attacks, and debilitating allergy attacks.
(6)
Employee's certification responsibilities:
(a)
The City requires that an employee provide it with certification
from a health care provider or from the military (as appropriate)
for any leave taken for any of the following reasons:
(b)
After it is requested, it is the employee's responsibility
to return the certification within 15 calendar days to the City Administrator's
office. Failure to return this certification to the City Administrator's
office may result in the denial of your request for leave. If you
return a certification form but it is incomplete (i.e., one or more
items are left blank) or insufficient (i.e., responses are vague,
illegible, ambiguous, or non-responsive), the City will notify you
of the deficiency. You will then have seven calendar days to provide
a complete, sufficient certification. If it is not practicable for
you to provide a completed, sufficient certification form within seven
days despite your diligent, good-faith efforts to do so, you must
contact the City Administrator's office to explain the situation.
(c)
Moreover, for employees who take leave due to your own or a
family member's serious health condition, you may be required
to submit a complete and sufficient recertification from your health
care provider as often as every 30 days in conjunction with an absence.
If your health care provider's initial certification specifies
that the minimum duration of the condition for which you are taking
leave is longer than 30 days, you may be required to submit a recertification
in conjunction with an absence when the minimum duration expires,
or every six months, whichever is less. You also may be required to
provide a recertification if you request an extension of leave, the
circumstances described in the original certification have changed
significantly, or the City receives information raising doubt as to
the stated reason for your leave or the continuing validity of the
previously-provided certification. The City will provide you with
the required recertification form when a recertification is required.
As with the initial certification, a recertification must be returned
to the City within 15 calendar days. Failure to return the recertification
to the City Administrator's office may result in the denial of
your request for leave.
(7)
Certification of the serious health condition of the employee
or the spouse, child or parent of the employee.
(a)
The City may contact the health care provider to authenticate
a completed certification form by providing the health care provider
a copy of the form and requesting verification that the information
contained on the form was written or authorized by the health care
provider who signed the document.
(b)
Additionally, the City may request clarification of information
on the certification form, and may ask you to sign, or have your family
member sign, a release form authorizing the health care provider to
communicate with the City for the purpose of clarifying the certification.
If the certification is unclear and you fail to provide a signed authorization
or otherwise clarify the certification, the City may deny your request
for FMLA leave.
(c)
Certification of the serious health condition shall include
the date when the condition began, its expected duration and a brief
statement of treatment. For medical leave for the employee's
own medical condition, the certification must also include a statement
that the employee is unable to perform work of any kind or a statement
that the employee is unable to perform the essential functions of
the employee's position. For a family member who is seriously
ill, the certification must include a statement that the patient,
the family member, requires assistance and that the employee's
presence would be beneficial or desirable.
(d)
If the employee plans to take intermittent leave or work a reduced
schedule, the certification must also include dates and the duration
of treatment as well as a statement of medical necessity for taking
intermittent leave or working a reduced schedule.
(e)
The City has the right to ask for a second opinion if it has
reason to doubt the certification. The City will pay for the employee
to get a certification from a second doctor, which the City will select.
If necessary, to resolve a conflict between the original certification
and the second opinion, the City will require the opinion of a third
doctor. The City and the employee will mutually select the third doctor,
and the City will pay for the opinion. This third opinion will be
considered final. The employee will be provisionally entitled to leave
and benefits under the FMLA pending the second and/or third opinion.
(8)
Documentation of the covered family member's call to active
duty in the Armed Forces. Employees requesting this type of FMLA leave
must provide proof of the qualifying family member's call-up
or active military service. This documentation may be a copy of the
military orders or other official Armed Forces communication.
(9)
Documentation of the need for servicemember FMLA leave to care
for an injured or ill servicemember. Employees requesting this type
of servicemember FMLA leave must provide documentation of the family
member's or next-of-kin's injury, recovery or need for care.
This documentation may be a copy of the military medical information,
orders for treatment, or other official Armed Forces communication
pertaining to the servicemember's injury or illness incurred
on active military duty.
(10)
Employee's intent to return to work responsibilities.
(a)
While an employee is on FMLA leave it is important that he or
she notify the City Administrator's office of any changes in
his or her circumstances that could impact employee's return
to work. It is the employee's responsibility to notify the City
Administrator's office within two days of any changes to his
or her circumstances where notification is foreseeable. It is also
the employee's responsibility to notify the City Administrator's
office of his or her intent not to return to work following the expiration
of the period of leave.
(b)
Working a second job while on FMLA and workers' compensation
is subject to approval by the Director of Public Service and department
director.
(c)
Directors and supervisors should immediately schedule the employee
back to work upon receipt of a return-to-work slip. Any scheduling
conflict must be immediately reported to the Director of Public Service.
Any return-to-work slip containing a limitation on the employee's
job duties, such as lifting or mobility restrictions, must be approved
by the Director of Public Service.
(11)
The City's responsibilities.
(a)
The City must inform employees requesting leave whether they
are eligible under the FMLA. The City has a designated form for this
purpose, so that once the employee has sufficiently notified it that
he or she has a qualifying reason for FMLA leave if he or she is eligible
for leave the form will be mailed, emailed, or hand delivered to the
employee notifying him or her of their eligibility, responsibilities
and rights, as well as additional information regarding the leave.
(b)
If the employee is not eligible, the City will provide the employee
with the reason(s) for his or her ineligibility. The City must inform
employees if leave will be designated as FMLA-protected and the amount
of leave counted against the employee's leave entitlement. The
City has a designated form for this purpose, too, which will be mailed
or hand delivered to the employee. If the City determines that the
leave is not FMLA protected, the City will notify the employee accordingly.
(12)
Benefits and protections.
(a)
While an employee is on FMLA leave, the City will continue the
employee's health benefits during the leave period at the same
level and under the same conditions as if the employee had continued
to work. If the employee chooses not to return to work for reasons
other than a continued serious health condition of the employee or
the employee's family member or a circumstance beyond the employee's
control, the City will require the employee to reimburse the City
the amount it paid for the employee's health insurance premium
during the leave period.
(b)
Under current City policy, the employee pays a portion of the
health care premium. While on paid leave, the City will continue to
make payroll deductions to collect the employee's share of the
premium. While on unpaid leave, the employee must continue to make
this payment, either in person or by mail. The payment must be received
by the Administrative Assistant in the City Director's office
by the 15th day of each month. If the payment is more than 30 days
late, the employee's health care coverage may be dropped for
the duration of the leave. The City will provide 15 days' notification
prior to the employee's loss of coverage. If you do not return
to work upon completion of your FMLA leave, you may be required to
repay the City for any premiums paid by the City to maintain your
group health insurance coverage during your leave, unless the failure
to return to work was due to the recurrence or onset of a serious
health condition or injury or illness of a covered servicemember,
which would otherwise entitle you to FMLA leave, or due to other circumstances
beyond your control.
(c)
Vacation and discretionary leave benefits will continue to accrue
during the approved family and medical leave period.
(d)
If you timely return from FMLA leave and used the leave for
the stated purpose, you generally will be reinstated to the same position
you held when you began your leave, or to an equivalent position with
equivalent benefits, pay and other terms and conditions of employment.
However, you may not be reinstated if your employment would have terminated
for reasons unrelated to your FMLA leave, or if you are unable to
perform any essential functions of your job (with or without any required
accommodations).
(13)
Employee's use of leave and intermittent or reduced work
schedules.
(a)
An employee does not need to use this FMLA leave entitlement
in one block. Leave can be taken intermittently or on a reduced leave
schedule when medically necessary. Employees using intermittent leave
will be required to contact their supervisors prior to missing work
Employees must make reasonable efforts to schedule leave for planned
medical treatment so as not to unduly disrupt the City's operations.
Leave due to qualifying exigencies may also be taken on an intermittent
basis. The City may temporarily transfer an employee to an available
alternative position with equivalent pay and benefits if the alternative
position would better accommodate the intermittent or reduced schedule,
in instances of when leave for the employee or employee's family
member is foreseeable and for planned medical treatment, including
recovery from a serious health condition or to care for a child after
birth, or placement for adoption or foster care.
(b)
For the birth, adoption or foster care of a child, the City
and the employee must mutually agree to the schedule before the employee
may take the leave intermittently or work a reduced hour schedule.
Leave for birth, adoption or foster care of a child must be taken
within one year of the birth or placement of the child.
(14)
Substitution of paid leave for unpaid leave. All but five days
of available personal leave, vacation time, and comp time must be
used at the beginning of the employee's FMLA leave of absence
and will run concurrently with the FMLA leave of absence, except to
the extent that such leave is covered by the City's short-term
disability insurance plan. In order to save five days of discretionary
leave, vacation, or comp time, the employee must request that such
leave be saved. Employees will not be required to use personal leave,
vacation, and/or comp time while receiving short-term disability benefits
offered by the City. If you are eligible for any other disability
benefits through workers' compensation or a disability insurance
policy provided by the City, those benefits will run concurrently
with your FMLA leave.
(15)
Illinois Victim's Economic Security and Safety Act.
(a)
The Illinois Victims' Economic Security and Safety Act
("VESSA") provides that Illinois employees who are victims of domestic,
sexual (e.g. sexual assault), gender, or all other crimes of violence,
including but not limited to conduct relating to homicide, sex offenses,
bodily harm, harassing and obscene communications, terrorism, or armed
violence or have a family or household member who is a victim of domestic,
sexual, gender or all other crimes violence are entitled to certain
reasonable accommodations and may take unpaid leave from work during
any twelve-month period in order to address these issues.
(b)
The City will provide up to 12 weeks of unpaid leave from work
on an intermittent or reduced work schedule basis to an employee who
is a victim of domestic, sexual, gender, or all other crimes of violence,
(or who has a family or household member who is a victim of domestic,
sexual, gender, or all other crimes of violence) to address the violence
if the employee is:
[1]
Seeking medical attention for or recovering from
physical or psychological injuries caused by domestic, sexual, gender,
or all other crimes of violence, to the employee or the employee's
family or household member;
[2]
Obtaining services from a victim services organization
for the employee or the employee's family or household member;
[3]
Obtaining psychological or other counseling for
the employee or the employee's family or household member;
[4]
Participating in safety planning, temporarily or
permanently relocating, or taking other actions to increase the safety
of the employee or the employee's family or household member
from future domestic, sexual, gender, or all other crimes of violence,
or ensure economic security; or
[5]
Seeking legal assistance or remedies to ensure
the health and safety of the employee or the employee's family
or household member, including preparing for or participating in any
civil or criminal legal proceeding related to or derived from domestic,
sexual, gender, or all other crimes of violence.
(c)
"Family or household member" means a spouse, parent, son, daughter,
a party to a civil union, grandparent, child, grandchild, sibling,
or any other person related by blood or by present or prior marriage
or civil union, or any other person who shares a relationship through
a child, or any other individual whose close association with the
employee is the equivalent of a family relationship as determined
by the employee, and persons jointly residing in the same household
whose interests are not adverse to the employee as it relates to the
domestic, sexual, gender or all other crimes of violence. "Parent"
means the biological parent of an employee or an individual who stood
in loco parentis to an employee when the employee was a son or daughter.
"Son or daughter" means a biological, adopted, or foster child, a
stepchild, a legal ward, or a child of a person standing in loco parentis,
who is under 18 years of age, or is 18 years of age or older and incapable
of self-care because of a mental or physical disability.
(d)
Eligible employees shall be entitled to 12 workweeks of unpaid
leave during any twelve-month period. If the circumstances qualifying
an employee for leave pursuant to VESSA also qualify for FMLA leave,
then the two leave provisions shall be read together, and the leaves
shall run concurrently. (This policy does not create a right for an
employee to take unpaid leave that exceeds the unpaid leave time allowed
under or is in addition to the unpaid leave time permitted by the
federal Family and Medical Leave Act.) The employee may use any available
paid or unpaid leave from employment, in substitution for any period
of such leave for an equivalent period of leave.
(e)
The employee shall provide the City with at least 48 hours'
advance notice of the employee's intention to take the leave,
unless providing such notice is not practicable. When an unscheduled
absence occurs, the City will not take any action against the employee
if the employee, within a reasonable period after the absence (generally
defined herein as 15 days) provides certification as shown under the
next section.
(g)
The employee shall provide such certification to the City within
a reasonable period after the City requests certification.
(h)
An employee may satisfy the above certification requirement
by providing to the City a signed and dated statement of the employee,
and if and when the employee obtains the following documentation below,
the employee shall provide:
[1]
Documentation from an employee, agent, or volunteer
of a victim services organization, an attorney, a member of the clergy,
or a medical or other professional from whom the employee or the employee's
family or household member has sought assistance in addressing domestic,
sexual, gender, or all other crimes of violence, and the effects of
the violence;
[2]
A police or court record; or
[3]
Other corroborating evidence.
(i)
The employee, however, may choose which one of the three forms
of documentation to provide if the employee is in possession of more
than one.
(j)
All information provided to the City, including a statement
of the employee or any other documentation, record, or corroborating
evidence, and the fact that the employee has requested or obtained
leave pursuant to this policy, shall be retained in the strictest
confidence by the Company, except to the extent that disclosure is:
1) requested or consented to in writing by the employee; or 2) otherwise
required by applicable federal or state law.
(k)
In general, an employee who takes leave under this policy shall
be entitled, on return from such leave:
(l)
The taking of leave under this policy shall not result in the
loss of any employment benefit accrued prior to the date on which
the leave commenced.
(m)
However, the employee is not entitled to:
(n)
The City may require an employee on leave under this policy
to report periodically to the City on the status and intention of
the employee to return to work.
(o)
During any period that an employee takes leave under this policy,
the City shall maintain coverage for the employee and any family or
household member under any group health plan for the duration of such
leave at the level and under the conditions coverage would have been
provided if the employee had continued in employment continuously
for the duration of such leave.
(p)
The City may recover the premium that the City paid for maintaining
coverage for the employee and the employee's family or household
member under such group health plan during any period of leave under
this policy if:
[1]
The employee fails to return from leave under this
policy after the period of leave to which the employee is entitled
has expired; and
(q)
The City may require an employee who claims that the employee is unable to return to work because of a reason described in Subsection F(15)(p)[1] or [2] above to provide, within a reasonable period after making the claim, certification to the City that the employee is unable to return to work because of that reason. An employee may satisfy the certification requirement of clause by providing to the City:
[1]
A sworn statement of the employee;
[2]
Documentation from an employee, agent, or volunteer
of a victim services organization, an attorney, a member of the clergy,
or a medical or other professional from whom the employee has sought
assistance in addressing domestic, sexual, gender, or all other crimes
of violence, and the effects of that violence;
[3]
A police or court record; or
[4]
Other corroborating evidence.
(r)
The City will not fail to hire, refuse to hire, discharge, or
harass any individual exercising their rights under this policy or
otherwise discriminate against any individual exercising their rights
under this policy with respect to the compensation, terms, conditions,
or privileges of employment of the individual, or retaliate against
an individual in any form or manner for exercising their rights under
this policy.
G.
Approved leave without pay.
(1)
The Director of Public Service may grant an employee who has
completed one year of continuous service with the City leave without
pay for a period not to exceed 120 calendar days in any one-year period.
The Director of Public Service reserves full discretion to determine
whether to grant the leave, unless such leave is required by applicable
law. Requests for leaves of absence under this policy will be evaluated
based upon all relevant factors including the employee's personal
situation, the City's business needs, the effect of the leave
on the City's operations, and the likelihood that the leave will
enable the employee to successfully return to work at the City. An
employee may not request leave under this policy in lieu of applying
for FMLA. Such a request will be denied if the employee has FMLA leave
available and the need for the leave is an FMLA qualifying reason.
Employees seeking leave under this policy may be required to provide
documentation substantiating the reason for their leave request, and
may be required to provide further information or periodic updates
as a condition of maintaining their employment.
(2)
Subject to the terms, conditions, and limitations of the applicable
plans, the City will continue to provide health insurance benefits
for the full period of the approved leave. It is the employee's
responsibility to timely pay his/her regular contribution towards
health insurance coverage. Failure to timely pay the employee's
share of the insurance premium will lead to cancellation of the health
care coverage retroactive to the day the employee's payment first
became due. Except to the extent required by applicable law, no other
benefits (e.g. vacation) will be paid or accrue during the leave period,
and no paid time off will be provided.
(3)
Employees on a leave who do not return to work on or before
the expiration of the approved leave period will be terminated from
employment with the City, unless a moderate extension of this period
constitutes a reasonable accommodation for a disability as defined
by applicable law, or unless otherwise required by law. Employees
terminated under this provision can reapply for employment with the
City at a future date, but future employment with the City is not
guaranteed.
(4)
Employees who fail to return from leave on the date approved
by the City without applying for an extension of leave will be regarded
as having voluntarily resigned their employment with the City effective
as of the last day actually worked. The City will make exceptions
to this rule only in unusual circumstances where the employee is unable
to request a leave extension for reasons beyond their control.
(5)
The employee shall sign a letter of intent that he/she will
return to City service. Employees who return from a leave on the date
approved by City may, at the sole discretion of the department director,
be restored to their former job, or to a comparable job, if available.
If the employee's former job or comparable job is no longer available,
the employee may be assigned to any other job, provided there is an
open position and the employee has the skill and ability to perform
the job. If the City determines that conditions do not allow the reinstatement
of the employee to any position, then the employee will be terminated.
(6)
Employees on medical and/or disability leave will not be permitted
to return to work until they have submitted a written statement from
a healthcare provider certifying that they can safely resume performing
their essential job functions, with or without reasonable accommodations.
Any employee who engages in fraud, misrepresentation, or who provides
false information to the City, its insurance carrier or to a health
care professional in connection with any leave or leave request, or
holds other employment during the leave without prior approval of
the Director of Public Service, will be immediately terminated.
H.
Absence due to severe weather conditions.
(1)
Employees are expected to make every reasonable effort to report
to work in all weather conditions. Rare instances may occur, however,
where unusually severe weather conditions prevent an employee from
reporting for duty as scheduled. Examples include severe snowstorms
or flooding. In such cases, the employee should notify his/her supervisor
of the inability to report to work as soon as practicable. Any such
instance shall be treated as an excused absence without pay for payroll
purposes. However, employees may choose to use previously accumulated
personal leave, vacation, or compensatory time to cover the absence
in order to be compensated for the absence. Exempt employees paid
on a salaried basis who are unable to report to work and are able
to perform their job duties from home will continue to receive their
salary for any week in which they perform work.
(2)
In the event the Director of Public Service declares the offices
closed due to extenuating circumstances, non-critical full-time employees
that were scheduled to work that day will be paid their normal pay.
Part-time staff may, with the approval of their supervisor, adjust
their schedule that week to make up the time.
(3)
In extreme circumstances the City may provide lodging and/or
meals to designated critical employees who are required to remain
in the City for operational reasons when traveling to and from the
City would be dangerous or extremely difficult.
I.
Illinois school visitation rights.
(1)
The City of El Paso recognized the value of parental involvement
in children's education. For this reason, the City provides employees
(with at least six months of service) who are parents, guardians,
or custodians of children enrolled in primary or secondary public
or private school unpaid time off for the purpose of school visits.
Parental leave for school visits allows employees to participate in
activities sponsored, approved, or supervised by the school such as
parent/teacher conferences, behavioral meetings, or academic meetings.
(2)
In accordance with the Illinois School Visitation Rights Act,
employees of the City are entitled to use up to a total of eight unpaid
hours during any school year - no more than four of which may be taken
on any given day - to attend conferences or classroom activities related
to the employee's child, provided:
(3)
An employee seeking unpaid school leave must provide a written
request to his/her supervisor at least seven days' prior to the
date for which the leave is sought.
(4)
Upon return from the leave, employees must provide documentation
to Human Resources from the school verifying the date and time of
the visit. Contact Human Resources for more information or questions
about parental leave for school visits.
J.
Blood donation.
(1)
Full-time employees who have been employed by the City for at
least six months may take up to one hour of paid leave every 56 days
to donate (or attempt to donate) blood.
(2)
To request leave under this policy, you must notify your supervisor.
You must also provide documentation of your blood donation appointment
at the time of your request for leave. After your appointment, you
must provide a written statement from the blood bank confirming that
you kept your appointment.
K.
Employee communicable diseases.
(1)
The purposes of this policy are 1) to address potentially severe
community health problems, and 2) to balance the interest of an employee
with a communicable disease in continuing to work, and the interests
of patients, victims, and co-workers not to be subjected to an unreasonable
risk of contracting a communicable disease from the employee.
(2)
For purposes of this policy, communicable diseases are any diseases
so designated as communicable by the Illinois Department of Public
Health (IDPH) in its rules, as amended from time to time.
(3)
It is generally the intention of the City that:
(a)
Each case of an employee with a communicable disease is handled
on an individual basis;
(b)
An employee who has a communicable disease for which quarantine
and/or isolation is required by the employee's healthcare provider
or the Illinois Department of Public Health, be immediately removed
from work or be placed in a restricted setting until such time as:
[1]
Agreement between the Director of Public Service and the employee
is reached for continued presence in the regular work setting with
appropriate protective measures put in place; or
[2]
If agreement is not reached, an appropriate medical evaluation
of the individual in question has been made and the conditions, if
any, established by the Director of Public Service under whom the
employee may return to, or remain at, work.
(4)
However, removal or a more restrictive placement need not be
required, at the discretion of the Director of Public Service, if
the health risks to other employees and patients or victims are insignificant,
the risk of loss of confidentiality due to exclusion or a more restrictive
setting is substantial and appropriate interim protective health measures
are instituted.
(a)
Absence from work is minimized;
(b)
The use of sick leave and other benefits in connection with
the communicable disease be permitted on same basis as any other employee
illness; and
(c)
The confidentiality interests of the employee with the communicable
disease be protected to the extent consistent with efforts to minimize
the health risks to other employees and with any applicable legal
requirements.
(5)
In all cases, a reasonable accommodation of an employee with
a communicable disease will be explored, and, may be implemented unless
doing so would result in an undue hardship to the City as defined
by applicable law. However, this policy shall not be construed so
as to require the City to reassign or eliminate essential job duties,
or create a position or job, which would not otherwise exist absent
the need to reasonably accommodate an employee with a communicable
disease.
