[HISTORY: Adopted by the Town Board of the Town of Tully effective 1-1-1993. Amendments noted where applicable.]
The following outlines the official personnel policies of the Town of Tully. All Town employees shall be subject to these policies immediately upon their employment. Any subject matter not stated herein may be brought to the attention of the Supervisor, who is responsible for the enforcement of all personnel policies. These policies are not intended to be, nor should they be interpreted as, a contract of employment. The Town of Tully retains the right to modify, alter or cancel any benefits described herein.
The Town of Tully shall not be discriminate against any person on the basis of race, color, creed, national origin, sex, or age, in determining their capability for employment.
The procedures for the selection of employees in the Town of Tully is in compliance with the law of the State of New York.
See Chapter 39, Ethics, Code of, of the Code of the Town of Tully.
Editor's Note: Amended during codification (upon enactment, adoption information will be inserted here).
The Town retains and reserves unto itself and its duly elected officials, except as expressly limited by agreement, by Civil Service Law, by applicable state or federal statute, or by applicable rules or regulations or administrative rule or regulation, including, but not limited to, the right in all respects to determine the mission, purpose, objectives, programs, services, and policies of the Town, in all respects to determine the facilities, methods, means, and number of personnel required to conduct Town programs, and to administer all personnel policies. This includes, but is not limited to, examination, selection, recruitment, hiring, appraisal, training, retention, promotion, or transfer; to direct, deploy, utilize, and determine the size of the work force; to contract for, subcontract for, initiate or terminate work of any type or nature; to establish specifications for each class of positions and to classify or reclassify and to allocate or reallocate new or existing positions and to suspend, demote, discharge, or otherwise discipline employees. The Town may also relieve employees from duty because of lack of work, shortage of funds, the efficiency of its operations. The Town may take whatever actions it may deem necessary in situations of emergency. In exercising these rights the Town agrees that it will not proceed in an arbitrary or capricious manner.
Workweek. The workweek for all Town of Tully employees is determined in the existing department policy.
Pay checks. All highway employees are paid on Thursday of each week. The pay period runs from Saturday through Friday, and the highway employee is paid on the following Thursday. A paycheck will be delivered to the work location and will be distributed to the employee or his or her designate. All other employees are paid at the direction of the Supervisor.
Sick leave. Full-time employees are entitled to one day per month sick leave. Sick leave can be accumulated to a total of 200 days. In the event an employee has worked for five years and leaves employment in good standing he is entitled to be reimbursed for the unused sick leave at a rate of $10 per day.
Personal leave. Personal leave days are days that the employee may take off provided he has given notice to his or her Supervisor at least one week in advance. Each full-time employee who has worked one full year is entitled to four personal leave days per year. These days can be added to sick leave at the end of the year.
Holidays. The following legal holidays are allowed as days off: New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Election Day, Veterans Day, Thanksgiving Day and Christmas Day. Employees will be paid for the holidays listed, provided that they fall on a Monday, Tuesday, Wednesday, Thursday or Friday. To be eligible for holiday pay, an employee must work the last scheduled workday prior to the holiday and the first scheduled workday following the holiday. Full-time employees who work on any of the listed holidays will be paid holiday pay plus 1 1/2 times their hourly rate for the hours actually worked.
Vacation. A full-time employee who has worked at least 12 months for the Town of Tully is entitled to one week's vacation. An employee who has worked at least 24 months is entitled to two weeks' vacation; an employee who has worked five years is entitled to three weeks' vacation; an employee who has worked 15 years is entitled to four weeks' vacation. Unused vacation can be carried over to the following year as long as the employee does not have more than 20 days of vacation time coming for that year. During vacation periods the employee is entitled to his or her regular rate of pay.
Leave without pay. The Town Board, on the recommendation of the Supervisor and at the request of the department head, may grant a leave of absence without pay for any full-time employee. Each case shall be determined on a individual basis.
Leave with pay.
The Town will pay regular weekly earnings up to a maximum of four weeks for time served as a juror. The Town requires that the employee immediately notify his or her Supervisor upon receiving a summons for jury duty.
When attendance is not required by the court, the employee must report to work (even for partial days). Any payment for jury duty must be surrendered to the Supervisor as an offset to regular pay. These payments should be forwarded to the Supervisor.
Professional meetings. With the recommendation of the Supervisor a full-time employee may be allowed to leave with pay to attend a professional meeting which would be of benefit to the Town of Tully, provided that such attendance is consistent with maintaining Town services.
Health insurance. The Town of Tully shall provide full-time employees who have worked at least six months, without cost, medical and dental insurance in a plan then in effect. The Town may from time to time alter, modify, change or cancel the plans.
Legal aid. The Town of Tully shall provide for the defense of an employee in any civil action or proceeding, in any state or federal court, arising out of any alleged act or omission which occurred, or as alleged to have occurred in the complaint, while the employee was acting, or in good faith purporting to act, within the scope of his public employment or duties. Such defense shall not be provided where civil action or proceeding is brought by, or on behalf of the Town. Representation will be provided by the Town Attorney, or another attorney retained by the Town, in the event that representation by the Town attorney is not feasible. The employee must deliver the summons to the Town Attorney, within five days of being served with the document. Such delivery will be considered as a request for defense, unless the employee states in writing, that defense is not requested.
Disability benefits and workers' compensation.
Disability insurance provides benefits to eligible employees while absent from work due to pregnancy or illness/injury that occurs outside the workplace. [If injured while on the job, see Subsection C(2) below]. In order to be eligible for disability benefits, the employee must be under the continued care of a physician, who will determine ability to work. New York State disability requires a waiting period of seven consecutive days before qualifying for disability benefits. Thereafter, the employee may be entitled to 50% of the average weekly earnings (using the last eight calendar weeks worked to compute the average) to a maximum weekly benefit payment of $170 (subject to change). Payments may continue up to 26 weeks with respect to any one period of disability.
Workers' compensation insurance provides income assistance to individuals injured while on the job. Should such an injury keep an employee away from work for over two weeks (14 consecutive days), the employee shall be entitled to compensation retroactive from the date of injury. Initially, a seven-day waiting period must be satisfied. If the employee returns to work at any point during this waiting period, no compensation will be made for lost work time. The employee must be under the continuous care of a physician, who will determine ability to return to work, in order to qualify for workers' compensation. Compensation amounts to approximately 2/3 of weekly earnings to a maximum of $340 per week (subject to change). Payments continue as long as the injury persists. Additionally, all injury-related medical bills are paid in full.
The Town of Tully will pay the employee his full wages during disability if the employee has accumulated sick pay. The Town will be entitled to receive from the employee the disability benefits check or worker's compensation check. The employee will use his sick time during the period of disability. The Town will grant back to the employee the sick days equivalent to the reimbursement. The Town shall have at its option the right to have a representative visit any employee absent on sick leave and shall have the right to have a medical examination of the employee to verify the disability. In the event that the employee recovers damages from any third party responsible for such disability then the payments made by the Town shall be entitled to reimbursement from such recovery.
Town of Tully employees are subject to the disciplinary procedures required by law.
Employees are expected to conduct themselves in a courteous and businesslike manner under all circumstances with the public and fellow workers alike.
Theft or dishonesty will result in immediate suspension from duty and the matter referred at once to the Supervisor for determination of final action, including termination.
Falsification of records, e.g., application for employment, time cards, personnel records, etc., will be acted upon by the Supervisor and may be reason for immediate termination.
Repeated tardiness, absence of three consecutive days without notification or without satisfactory reason, or repeated unauthorized absences will be reason for immediate termination or other appropriate disciplinary action.
Inattention to duties, loafing, or wasting time will be a matter for appropriate disciplinary action, including termination.
Engaging in any form of gambling during duty hours on company premises is prohibited.
Abusing, defacing, wasting or causing willful damage to company property, equipment or supplies is prohibited.
Contributing to or creating any unsafe, unhealthy or unsanitary condition on Town premises is prohibited.
The Town premises may not be used for any activity other than as dictated by the business needs of the Town.
Engaging in any fight, whether agitating or physically involved, or doing bodily harm to another person on company premises is prohibited.
Insubordination will result in appropriate disciplinary action, up to and including termination.
An employee is expected to carry out all reasonable directives of his/her immediate Supervisor. Refusal to follow directions normally and properly required of any employee will result in appropriate disciplinary action, up to and including termination.
Neglect of duty or failure to meet a reasonable measure of efficiency or productivity will result in appropriate disciplinary action, up to and including termination.
Immoral behavior during working hours will result in appropriate disciplinary action, up to and including termination.
Off-duty misconduct will result in appropriate disciplinary action, up to and including termination.
This policy will take effect on January 1, 1993.