Borough of Pottstown, PA PERSONNEL REGULATIONS

[Res. 10/10/1966, § 3; as amended by Res. 1/12/1970; by Res. 12/28/1970; by Res. 12/29/1971A; by Res. 12/27/1972B; by Res. 12/26/1973A; by Res. 6/10/1974; by Res. 10/14/1974; by Ord. 1332, 5/12/1975, § 1; by Res. 12/29/1975; by Ord. 1374, 2/14/1977, § 1; by Ord. 1512, 2/11/1985; and by Ord. 1696, 3/9/1992, § 3]

Salaried Employees.

Full-time salaried employees shall be eligible for overtime financial compensation at the rate of 1 1/2 times the regular rate for all hours in excess of 40 hours per week, except exempt supervisory personnel.

All compensation for overtime shall be computed according to minimum time increments of each 30 minutes worked in excess of the regular work week.

Exempt supervisory personnel shall not be eligible for overtime financial compensation for work performed beyond their normal responsibilities unless specifically approved by Council, but may be granted compensatory time off for emergency work at the discretion of the Borough Manager.

§ 504 Special Compensation Provisions.

[Res. 10/10/1966, § 4; as amended by Res. 3/16/1967A; by Res. 12/28/1970; by Res. 12/29/1971A; by Res. 12/27/1972B; by Res. 12/26/1973A; by Res. 12/30/1974A; by Res. 12/29/1975; by Ord. 1374, § /14/1977, § 1; by Ord. 1449, 1/14/1980, § 1; by Ord. 1532, 2/10/1986; and by Ord. 1696, 3/9/1992, § 4]

Temporary Assignment Compensation.

Salaried.

(1)

Where a full-time salaried employee is temporarily required to regularly serve in and accept the responsibility for work in a higher position classification, the employee shall receive the minimum rate of pay in the temporary assignment's minimum position classification grade or one step above his present rate, whichever is higher, while on temporary assignment, subject to approval of the Borough Manager. To qualify for compensation in a higher class or position while on temporary assignment, the assignment shall be full-time regular and continuous for a period of one work week or its excess. Compensation shall be retroactive to the date of the temporary assignment and shall apply to vacations, vacancies and all types of leave time.

§ 505 Paid Holidays.

[Res. 10/10/1966, § 5; as amended by Res. 3/16/1967C; by Res. 12/27/1972B; by Res. 12/30/1974A; by Res. 12/29/1975; by Ord. 1449, 12/30/1980, § 1; by Ord. 1467, 12/29/1982, § 1; by Ord. 1610, 12/29/1988, § 1; and by Ord. 1696, 3/9/1992, § 5]

Every full-time employee of the Borough of Pottstown shall be granted the following paid holidays:

New Year's Day	Fourth of July	Thanksgiving Day
Washington's Birthday	Labor Day	Friday after Thanksgiving
Good Friday	Columbus Day	Christmas Day
Memorial Day	Veterans Day

and three personal days except that full-time employees hired after July first shall be entitled to 1 1/2 personal days until January first, provided, the personal days shall be recognized on the date selected by the employee and approved by his/her immediate supervisor. When the above holiday falls on either Saturday or Sunday, the Borough Manager shall designate the preceding Friday or following Monday, as the date of the holiday recognition, based on community observances;

The employee shall have worked the regular working day before and after the holiday to qualify for compensation. In the event of absence on the working day before or after a holiday, leave of absence, sickness, accident or other excusable absence must be approved by the employer to qualify for the holiday's compensation.

An employee recognizing a personal day shall inform his supervisor of the celebration date at least one week (seven days) prior to the date of celebration.

Upon request, an employee shall be paid the regular rate for unused holidays, if the Borough is unable to schedule such holidays within 12 months of the day of observance. This provisions shall not be retroactive for holidays earned prior to January 1, 1976. Upon termination of employment, an employee will be eligible for payment of unused holidays and unused personal days up to one year's time.

§ 506 Vacation with Pay.

[Res. 10/10/1966, § 6; as amended by Res. 4/10/1967D; by Res. 1/13/1969; by Res. 12/29/1971A; by Res. 12/27/1972B; by Res. 12/26/1973A; by Res. 12/29/1975; by Ord. 1467, 12/29/1981, § 1; by Ord. 1656, 1/14/1991, § 1; by Ord. 1696, 3/9/1992, § 6; by Ord. 1756, 12/13/1993, §§ 1, 2; and by Ord. 1829, 9/9/1996, § 2]

Vacation Schedule. Every regular, full-time employee shall be eligible for paid vacation leave in accordance with the following schedule:

After completion of one full year of continuous service: 10 working days.

After completion of five full years of continuous service: 15 working days.

After completion of 10 full years of continuous service: 20 working days.

After completion of 15 years of continuous service: 25 working days.

All vacation days shall be used within one year from the date of their award. In the event an employee is unable to use all awarded vacation days during the required time period, a maximum of five days may be carried over for three additional months beyond the anniversary date. Any remaining vacation days not used within that additional three-month time period will be lost.

Vacation Pay.

The rate of vacation pay shall be the employee's regular straight time pay for his regular scheduled work week, or portion thereof, at the applicable rate when vacation is taken.

Employees who desire vacation pay in advance for approved leave shall give eight calendar days notice to the Payroll Department. Employees who comply with this notice shall receive their check not later than three calendar days prior to their vacation. This provision shall apply to weekly amounts only. Vacation checks not received in advance will be kept in the Finance Office when requested by the employee.

Holiday Falling During Vacation Leave. When an authorized holiday falls within an employee's vacation leave, time equivalent to the authorized holiday shall be granted in addition to the regular vacation leave.

Vacation Leave Upon Termination. An employee who terminates employment with the employer shall give a minimum of two working weeks notice in order to be eligible for payment of unused and accrued vacation leave upon termination. Employees voluntarily or involuntarily terminating service before one year of continuous employment shall not be eligible for vacation leave. Employees terminating service after one full year of continuous service from date of appointment, or anytime thereafter, shall be entitled to unused vacation leave and a prorated share of vacation earned on the basis of appointment date, prior to the date of resignation based on the following schedule:

One month to three months past the anniversary of employee's appointment date: 25% of vacation leave which the employee earned as of his last anniversary date.

Four months to six months past the anniversary of employee's appointment date: 50% of vacation leave days which the employee earned as of his last anniversary date.

Seven months to nine months past the anniversary of employee's appointment date: 75% of vacation leave days which the employee earned as of his last anniversary date.

Ten months to 12 months past the anniversary of employee's appointment date: 100% of vacation leave days which the employee would have earned based on his next anniversary date.

All payments for vacation time due employees when separating from employment shall be in lump sum amounts and paid in the last applicable pay period.

§ 507 Sick Leave.

[Res. 10/10/1966, § 7; as amended by Res. 1/13/1969; by Res. 1/12/1970; by Res. 12/28/1970; by Res. 12/26/1973A; by Ord. 1332, 5/12/1975, § 2; by Ord. 1374, 2/14/1977, § 1; by Ord. 1439, 1/14/1980, § 1; by Ord. 1512, 2/11/1985; by Ord. 1532, 1/1/1986; by Ord. 1656, 1/14/1991, § 2; by Ord. 1696, 3/9/1992, § 7; and by Ord. 1890, 6/14/1999, § 1]

Eligibility. Regular full-time employees, upon completion of 90 calendar days of employment, shall be eligible for six days of accumulated sick leave. For every completed month of continuous service thereafter, a regular full-time employee shall earn one additional sick leave day.

Employee Wellness Program. Employees shall be eligible for the following wellness program. Under this program, employees will receive a payment each year, during the last pay period, for not using sick leave days, under the following conditions:

	Sick Leave Days Used	Payment
	0 to 0.99	$300
	1.0 to 2.99	$200
	3.0 to 4.99	$100
	5.0 to 5.99	$50
	6.0 or more	No Payment

Accumulation. Eligible employees shall be entitled to accumulate a maximum of 100 paid sick leave days.

Donation. Employees may give sick leave days to other employees who have used their total accumulated paid sick leave days and have been certified by a doctor to be unable to return to work. Employee donations are limited to no more than 10 days to another employee and will be deducted from and added to the applicable employee's total accumulated paid sick leave days.

Payment of Unused Sick Leave Days. Upon superannuation retirement, an employee shall be paid for the number of unused sick leave days at the rate of $15 per day. Any employee electing postretirement medical benefits shall forfeit his/her entitlement to payment for any unused sick leave days.

Limitation on Use of Sick Leave Days. Employees may not use paid sick leave days for absence due to an injury as defined by worker's compensation sustained through employment outside the employer's service.

Fitness for Work. Any sickness meeting the following listed conditions, at any time, shall require a doctor's certificate as to the extent of the illness and, when applicable, the employee's expected date of return to work. This certification must be submitted on the employee's first day back to work, or within 48 hours of management's request.

Any sickness for three or more consecutive days at any one time.

When an employee who has had at least six periods of sick leave usage in the preceding 12 months is absent for one or more days. A period of sick leave usage shall be defined as one (or a portion thereof) or more consecutive days in which an employee is in paid or unpaid sick leave status.

When an employee has developed a pattern of abusing sick leave absences.

The Borough may require a physical examination at any time showing proper cause, with 48 hours notice. The examination shall be conducted by a physician of the Borough's choice. The Borough shall pay the cost of the examination, and the employee shall not suffer any loss in pay or time if the examination is conducted during his/her regular work hours.

Light Duty Assignment. Any employee on worker's compensation or sick leave may be assigned to light duty work in or out of their classification by the employer; provided, the employee is certified capable of performing light duty by the physician in charge of the case. An employee assigned to light duty shall receive his/her regular rate of pay and benefits.

Effect on Existing Employees. At the time of the effective date of this Part, all employees which have accumulated between 101 and 150 paid sick leave days shall have their sick days reduced to the new maximum cap of 100 days. Any such employee who falls into this classification shall receive a one time payment of $10 per day for all days exceeding 100.

§ 508 Injury Leave.

[Res. 10/10/1966, § 8; as amended by Ord. 1439, 1/14/1980, § 1]

A full-time municipal employee disabled in the performance of duty shall be paid his monthly salary for a period not to exceed 180 days from the date of disability less any funds received by the disabled employee through insurance or funds established by the Borough or workmen's compensation.

A certificate of the attending physician or surgeon attesting to the disability and the cause thereof shall be with the Borough Manager before the last day of each month in which the disability occurred or continues during the one-hundred-eighty-day period. The Borough Manager shall have access to all medical, hospital and x-ray reports upon request.

Any injury sustained in the line of duty shall not be charged against the sick leave allowance time.

Absence due to off-the-job injury not connected with outside employment shall be treated as sickness with regard to leave and financial compensation.

Compensation for employees absent due to an injury incurred through employment outside the Borough's service shall be limited to variation, holidays and personal days.

§ 509 Pay Periods.

[Res. 10/10/1966, § 9; as amended by Ord. 1332, 5/12/1975, § 3]

The compensation for all full-time Borough employees shall be payable for the period Monday, 12:01 a.m. through Sunday, 11:59 p.m., of the preceding week, on Wednesday of each week provided that the Borough Manager may authorize issuance of checks to facilitate employee's utilization in the event of a special request or a bank holiday.

The rate of compensation for an employee shall become effective as of the date of initial employment or on the Monday following notification of promotion or change in position classification or step.

§ 510 Special Leaves.

[Res. 10/10/1966, § 10; as amended by Res. 3/11/1968; by Res. 1/12/1970; by Res. 12/29/1975; by Ord. 1467, 12/29/1981, § 1; and by Ord. 1696, 3/9/1992, § 8]

The following special leaves shall apply to all full-time employees:

Death in Family.

(1)

Absence for death in the immediate family shall be just cause for leave up to four days with no deduction of pay and such absence shall not count as sick leave time.

(2)

The immediate family shall constitute parents, children, spouse, brother, sister, mother-in-law, father-in-law, sister-in-law, brother-in-law, grandparents of employee and employee's spouse, or a relative living in the household.

Leave of Absence.

(1)

The Borough Manager may authorize leaves of absence for full-time Borough employees including or excluding vacation, with or without pay, for any period or period not to exceed four calendar months in any one calendar year for the following purposes:

(a)

Attendance at college, university or business school for the purpose of training in subjects related to the work of the employee and which will benefit the employee and the Borough service.

(b)

Urgent business requiring employee's attention for an extended period, such as settling estates.

(c)

Liquidating a business.

(d)

Service on a jury and attending court as a witness.

(e)

For purposes other than the above, deemed beneficial to the Borough service.

(2)

In the event an employee serves in jury duty, daily compensation shall be determined as regular pay less jury duty compensation.

(3)

Authorized leaves of absence shall not interrupt continuous service time.

§ 511 Absence Without Leave.

[Res. 10/10/1966, § 11]

Any employee who intends to be absent from duty without leave shall report the reason to his supervisor prior to the date of absence where possible and in no case later than the beginning of the first workday. All unauthorized and unreported absences shall be considered absence without leave and deduction of pay shall automatically be made for the period of absence. Unauthorized absences constitute grounds for disciplinary action or dismissal.

§ 512 Military Service.

[Res. 10/10/1966, § 12; as amended by Ord. 1915, 3/15/2001, § 2]

Military Leaves of Absence for Employees of the Borough.

Member of Pennsylvania National Guard generally. All employees of the Borough, who are members of the Pennsylvania National Guard, shall be entitled to leave of absence from their respective duties without loss of pay, time or efficiency rating on all days during which they shall, as members of the Pennsylvania National Guard, be engaged in active State duty. All such employees shall, in addition, be entitled leave of absence from their respective duties without loss of pay, time or efficiency rating on all days not exceeding 15 days in any one year during which they shall, as members of the Pennsylvania National Guard, be engaged in training or other military duty under orders authorized by law. All such employees shall, in addition, be entitled to unpaid leave of absence from their respective duties without loss of seniority or efficiency rating on all days in excess of 15 days per year during which they shall be engaged in training for other military duties under orders authorized by law. (51 Pa.C.S.A. § 4102(a))

Members of Pennsylvania National Guard or other Reserve Components of US Armed Forces, Special Circumstances. The Borough may provide paid military leave or other compensation and/or continue medical and other benefits to employees who are members of the Pennsylvania National Guard or other reserve components of the United States Armed Forces for days in excess of 15 days per year, subject to approval by Borough Council, when the employee shall be engaged in training or other military duty under orders authorized by law. (51 Pa.C.S.A. § 4102(b))

Enlistment or Draft of Employee. Whenever any employee shall, in time of war or armed conflict or emergency proclaimed by the Governor of Pennsylvania or by the President of the United States, enlist or shall, at any time, be drafted into active military service into the United States, the employee shall be automatically granted a military leave of absence. So long as an employee is on military leave of absence, the employee shall not be removed from the employee's employment and duties and the employee's duties shall either be performed by other employees or by a temporary substitute. During such time, the employee shall not receive any remuneration from the Borough. (51 Pa.C.S.A. § 7302(a))

Members of Reserve Components or Pennsylvania National Guard Ordered to Active or Special Duty. Whenever any employee who is a member of a reserve component of the Armed Forces shall be called or ordered to active duty by the United States and whenever any employee who is a member of the Pennsylvania National Guard shall be ordered to active State duty or special State duty by the Governor or his designee, the employee shall automatically be granted a military leave of absence subject to the provisions of subsections 1(A) and 1(B). (51 Pa.C.S.A. § 7302(b))

Expiration of Military Leaves of Absence.

Employees Who Enlisted. Every military leave of absence granted to an employee by reason of the employee's enlistment in the active military service in time of war or armed conflict, or emergency proclaimed by the Governor or the President of the United States, shall expire 90 days after the expiration of the first period of the employee's enlistment to expire at a time when the United States is not engaged in a war or armed conflict or emergency proclaimed by the Governor or by the President of the United States. (51 Pa.C.S.A. § 7303(a))

Employees Who Are Drafted. Every military leave of absence granted to an employee by reason of the employee having been drafted, shall expire 90 days after the expiration of the period for which the employee was drafted. (51 Pa.C.S.A. § 7303(b))

Employees Who Are Members of Reserve Components/Pennsylvania National Guard. Every military leave of absence granted to an employee by reason of the employee having been called or ordered to military duty as a member of a reserve component of the Armed Forces of the United States, shall expire 90 days after the expiration of the period of the military duty. Every military leave of absence granted to an employee by reason of the employee having been ordered to active State duty or special State duty as a member of the Pennsylvania National Guard shall expire 30 days after the expiration of the period of the State duty. (51 Pa.C.S.A. § 7303(c))

§ 513 Personal Expenses on Official Business and Official Use of Personal Vehicles.

[Res. 10/10/1966, §§ 13, 14; as amended by Res. 12/27/1972B; by Res. 12/26/1973A; by Res. 12/29/1975; by Ord. 1374, 2/14/1977, § 1; and by Ord. 1696, 3/9/1992, § 9]

An official or employee engaged in official business authorized by the Borough Manager may be reimbursed for all or part of necessarily incurred expenses. Employees shall be reimbursed for personal property broken or damaged while engaged in official business; provided, that no single item may be valued in excess of $100.

The rate of $0.25 per mile is established for the use of privately owned vehicles used by employees in the performance of Borough service when authorized by the Borough Manager, and payment shall be made upon submittal of accurate mileage records approved by the Borough Manager.

§ 514 Position Classification and Pay Plan: Administration.

[Res. 10/10/1966, § 16; as amended by Ord. 1308, 6/10/1974; by Ord. 1656, 1/14/1991, § 3; and by Ord. 1696, 3/9/1992, § 10]

Probationary Period. The first 12 months of employment in a classified position through initial appointment as a Borough employee or through promotion shall be considered a probationary period.

Pay Plan Administration.

The Borough Manager shall perform an annual evaluation of the salary plan. The evaluation will serve the following purposes:

(1)

To establish salary and wage rates for positions which compare favorably with those in effect in private and governmental organizations.

(2)

To compensate qualified employees for continued satisfactory performance or meritorious service.

(3)

To arbitrate and adjust salary and wage classifications and steps with job tasks and responsibilities.

Adjustments in hourly and salaried rates for classified positions shall be determined by Council.

Changes in the compensation plan shall maintain the recognized relationship among position classifications, reflect cost-of-living adjustments and reflect prevailing rates of pay for comparable positions outside the Borough service.

Regulations.

Employees shall be paid within the established salary range designated for the classification to which their position is assigned.

The minimum rate established for a salary or wage grade representing a job classification shall be the normal rate of pay upon employment, except under circumstances which appear to warrant appointing an employee of exceptional qualifications to a higher step within the grade, up to Step 3.

Merit increases shall not be limited to the time of annual review or budget adoption, but shall be based on length of time in step and exceptional meritorious service.

The Borough Manager shall, from time to time, recommend the creation or adjustment of job classifications within the pay grade and step plan subject to the approval of Borough Council.

§ 515 Fringe Benefits.

[Res. 10/10/1966, § 17; as amended by Res. 1/13/1969; by Res. 1/12/1970; by Res. 12/27/1972B; by Res. 12/29/1975; by Ord. 1374, 2/14/1977, § 1; by Ord. 1439, 1/14/1980, § 1; by Ord. 1467, 12/29/1981; by Ord. 1497, 12/28/1983; by Ord. 1656, 1/14/1991, § 4; by Ord. 1696, 3/9/1992, § 11; by Ord. 1758, 12/30/1993, §§ 2, 3; and by Ord. 1890, 6/14/1999, § 2]

Social Security. All full-time employees except those under Police Civil Service Regulations, shall be eligible for Social Security upon date of appointment and the Social Security tax paid through payroll deductions.

Accident, Sickness and Life Insurance. Full-time employees and their dependents shall be eligible for medical, hospital, dental, vision and prescription insurance benefits; said insurance benefits shall cover, for the employee only, the cost of the office visit/doctor's cost of an annual routine physical. Full-time employees shall be eligible for life, accidental death and disability insurance beginning on the date of appointment, and all other insurance benefits shall be upon completion of three moths of continuous service beginning with the date of appointment.

Retirement. Full-time employees, upon date of appointment, shall be eligible for participation in the Pennsylvania Municipal Employee's Retirement System.

Workmen's Compensation. All employees and officials shall be eligible for workmen's compensation.

Longevity Pay.

Employee Longevity Plan — Effective Date. The Employee Longevity Plan of the Borough of Pottstown, hereinafter referred to as "Longevity Pay Plan," shall become effective December 10, 1963.

Tenure of Eligibility. The minimum number of uninterrupted continuous years of service required for longevity payments shall be five years, and longevity tenure shall be determined by the month in which the employee was appointed.

Coverage. All regular full-time employees hired prior to January 1, 1991, shall be eligible for longevity pay benefits. All regular full-time employees hired on or after January 1, 1991, shall not be eligible for longevity pay benefits.

Rate of Longevity Payment. The amount of longevity payment shall be based on the following schedules and payment shall be based on the number of uninterrupted continuous years of service.

	Service Years	Payment
	5 to 8	$300
	9 to 13	$550
	14 to 19	$950
	20 and over	$1,300

Method of Longevity Payment. The longevity payments shall be made annually as lump sum cash payments and shall not be integrated with the employee's regular salary. The longevity payment shall be made on the last pay period of November in each year by a separate and distinct check marked "Longevity Pay Check." Longevity payments for any employee who dies or retires shall be pro-rated from January first to date of separation.

Military Service. The time purchased towards retirement credit for intervening and non-intervening military service shall not be eligible for longevity payment.

Accident and Sickness/Income Disability Insurance. Full-time employees shall be covered with an accident and sickness/income disability insurance policy which will provide salary maintenance at 50% for up to six months during each calendar year with an employee contribution of 50% of the monthly premium cost paid by the employee through payroll deduction.

Postretirement Medical Benefits. Management employees with at least 30 years of service and having obtained the age of 55 or with at least 25 years of service and having obtained the age of 60 retiring on or after June 1, 1999, shall be eligible for certain health insurance benefits commensurate with active employees on an individual basis under the following conditions:

The cost to the Borough for such coverage shall never exceed the cost of securing such coverage at the time of the employee's retirement. Accordingly, the retiree will pay for any increases in insurance rates for this coverage.

The obligation to provide such coverage shall cease immediately upon the retiree becoming eligible for coverage under any other health insurance plan including, but not limited to, Medicare, either as an employee or dependent of an employee, or whether such coverage is provided on a contributory or noncontributory basis.

Coverage shall be limited to hospital coverage, major medical, prescription and dental.

Retiree shall be re-instated into the retiree health insurance plan when the retiree is no longer covered by any other health insurance coverage plan, as described above.

Any retiree that elects this benefit shall forfeit any entitlement to payment of unused sick leave days under § 507(5).

§ 516 Disciplinary Action.

[Res. 10/10/1966, § 21; as amended by Ord. 1399, 12/28/1977, § 1; and by Ord. 1696, 3/9/1992, § 12]

The Borough Manager or department head shall have the authority to discipline employees for unsatisfactory work, refusing to obey rules and regulations and for objectionable personal conduct. Penalties may range from a reprimand to suspension or dismissal from the service.

§ 517 Resignations.

[Res. 10/10/1966, § 21]

Resignations shall be submitted in writing at least two weeks prior to the final day of work. Failure to comply shall subject the employee to forfeiture of all prorated vacation time.

§ 518 Physical Examination.

[Res. 10/10/1966, § 22; as amended by Ord. 1696, 3/9/1992, § 13]

All applicants for employment with the Borough of Pottstown shall undergo a physical examination which shall be conducted under the supervision of a doctor of medicine.

§ 519 Policy for Full-Time Employees Over Age 65.

[Ord. 1242, 5/11/1970; as amended by Res. 12/29/1975]

An employee may be continued in the employ of the Borough beyond the anniversary of his 65th birthday upon recommendation of the Borough Manager and approval of Borough Council for a period of one year and thereafter from year to year; provided, however, that retirement shall be mandatory for an employee at age 70, five years after his 65th birthday.

§ 520 Employee Grievance Procedure.

[Ord. 1308, 6/10/1974]

Municipal employees shall have the right to appeal any alleged adverse employer action including, but not limited to, this Part, unwarranted demotion, dismissal, unfavorable performance rating, suspension or position classification.

The employee, if he wishes to appeal, shall submit such an appeal to the Borough Manager within 15 days after being informed of the adverse personnel action and shall specify the reasons for submitting his appeal.

The Borough Manager shall schedule a hearing date and time and shall review the grievance with the employee and his supervisor and shall within 15 days after the hearing notify the employee and his supervisor in writing of the hearing decision and the reasons for that decision.