HomeMy WebLinkAboutRes 19-28 Approving Amendments to the Personnel Manual regarding Vacation and Sick leave TOWN OF WESTLAKE
RESOLUTION 19-28
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS,
APPROVING AMENDMENTS TO THE TO THE TOWN OF WESTLAKE PERSONNEL
MANUAL.
WHEREAS, the Town of Westlake realizes that updates and refinements to our
standardized personnel policies and procedures are an ongoing and necessary practice; and
WHEREAS, the goal of the Town of Westlake is to provide policies and benefits that are
competitive to surrounding cities; and
WHEREAS, the Town of Westlake desires is to provide employees with a personnel
manual that reflects the goals and vision of the Town's leaders; and
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the citizens of Westlake.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That, all matters stated in the recitals hereinabove are found to be true and
correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2: That, the Westlake Town Council hereby approves the personnel policy
amendments and their inclusion into the Town of Westlake Personnel Manual, attached to this
resolution as Exhibit "A':
SECTION 3: If any portion of this resolution shall, for any reason,be declared invalid by
any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof
and the Council hereby determines that it would have adopted this Resolution without the invalid
provision.
Resolution 19-28
Page 1 of 7
SECTION 4: That this Resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 30th DAY OF SEPTEMBER, 2019.
ATTEST: Carol K. Langdon, ay Pro Tern
OF ME
uL� T
Kell Edw s, Town Secretary
APPROVED S TO FORM:
TE�X As
L. S a on Lo wn Attorney
Resolution 19-28
Page 2 of 7
Exhibit "A" - Proposed Personnel Manual Amendments
VACATION
Regular full-time employees are provided with vacation leave based upon length of continuous
service. Vacation leave may not be used until six (6) months of continuous service is completed.
Unused leave balances will carry over to the next year up to a maximum of three years of accrual.
Employees may be paid for unused vacation balance upon termination/resignation after twelve
(12) months of employment. Permanent part-time employees with regular work schedules are
eligible for vacation leave on a pro-rated basis and will be calculated as a percentage of a 40-hour
workweek. Temporary and seasonal employees are not eligible for vacation leave.
Use of Vacation benefits should be documented on an Employee Absence Form (see Forms
Appendix). The form should be approved by the Department Head and forwarded to the Payroll
Department for processing. Fire/EMS employees may document sick time usage on the
employee timesheet.
Vacation benefits for
fo�religible employees shall accrue as follows:
A4!eF 6 months eT sew=ram 1 week-
0-5 years of service 3.08 hours (2 weeks per year)
Over 5 years of service 4.62 hours (3 weeks per year)
Over 10 years of service 6.15 hours (4 weeks per year)
Vacation benefits for eligible Fire/EMS Personnel shall accrue as follows:
Aaz f-6 menths of sei-viee 3 shifts
0-5 years of service 5 hours (5 shifts per year)
Over 5 years of service 7 hours (7 shifts per year)
Over 10 years of service 10 hours (10 shifts per year)
Maximum accrual totals shall be as follows:
Fire/EMS Personnel on 24-hour shifts 720 hours (30 shifts)
All other employees 480 hours (60 days)
Accrual rates are based on length of continuous service with the Town of Westlake. Vacation leave
shall not accrue during leaves of absence without pay nor shall it be advanced without approval
from the Town Manager. Employees shall move into the next accrual bracket following the first
full pay period after satisfying the required months of service.
All r-egu4ar-full time empleyees sha4l aeefue vaeation leave dtffing their first ye
employment; however-,vaeation leave may not be used untg six (6) months of eenti LI
is eemp!L4ed. Vaeation leave does not vest until the eempletien of twelve mei#hs of eonlinuous
serviee; therefore, vaeafien leave is feFfeited if empleyment is tefminated for-any reason befeme
Resolution 19-28
Page 3 of 7
Regular- employees eamplefing six (6) months of serwiee will have one (1) week of vaeatio
plaeed in their-vaeation bapAE. This vaeation is aetually eamed between 6 and 12 months o
serwice. For-the eonvenienee of the employee, this one week of vaeation will be available for the
loyee to use at the beginning of the eligible period.
1J13I„
employee'sser-viee. On the
(5) shifts of vaeation.
the full afmual amoun4 is made
available to eaeh employee at the beginning of the yean
All employees may eaffy over two (2) year-s of aeefued, earned vaeation on their-a
date. Vacation banks may have a maximum balance of three (3) years of eamed accrued
vacation. As vacation time is added to the employee's bank, on their- anRiver-sar-y date,-any
unused vacation above the maximum amount will be forfeited by the employee,unless
mandater-y work sehedules pr-event any vaeation from being taken.
if an employee tefminates employment ha-ving used more vaeation leave than what has eamed,
the east of those uneamed leave da�,s will be taken from the final pa�,eheek at the employee's
ner-mal L eti-lam. to
All regular-pai4 time employees who move to regular- full time emploYment status shall eam...
Vaeation leave will apply only for time during whieh the employee would ordinarily hm,e
worked.
Employees being transferred, promoted, or demoted shall retain their current accrued vacation
and accrual rate.
Vacation leave shall not be advanced to employees without Town Manager approval, nor is it
transferable between employees.
Official holidays occurring during a vacation shall not be charged to vacation leave.
Regular- employees eompleting six (6) months of seFviee will have one (1) week of vaeation
plaeed in their-vaeation bank. This vaeation is aetually eamed between 6 and 12 months 0
serwiee. Fef the eonvenienee of the employee, this one week of vaeation will be available for the
empleyee to use at the beginning of the eligible period. On the employee's first anniver-safy
l,o ro+t,o;r
date, vc�vrc-cxxc�r
seeond A" -ate. An employee's vaeation bank may hold a maximum of two (2) yea
employee' Y date. Vaeation time added an eaeh employee's anniver-safy date is-
Resolution 19-28
Page 4 of 7
serviee. On the employee's first An �ate, the empleyee will be given an additional
(5) shifts of vaeation. Fire/EMS personnel may bank may hold a mwiifnum of two (2) year's
employee' Y date. Vaeation time added on eaeh employee's annivefsafy date is
aetually e 0 iout the yean Any unused vaeation above this aniount will be forfeited by
the employee unless fnandator-y work seheduies prevent any vaeation from being taken.
Although eamed vaeation time aeer-ues thf oughout the year, the full annual amount is made
u'
if an employee ter-minates employment having used mor-e vaeation lea-ve than what has aeer-ued
for-the year-, the eost of these unear-ned le&k,e da�,s will be taken from the final payeheek at the
employee's nonnal hourly ate
Accrued vacation that is eamed an unused upon termination is payable at the employee's
regular hourly rate.
SICK LEAVE
The Town of Westlake provides paid sick leave benefits to eligible regular full-time and regular
part-time employees for periods f temp r-ary abbe ee due to illness non b related injury,
ser-ious health eondition, or-health fitness impakment to inelude the birth of an empleyee's ehild.
illness or injury, medical. dental and or eye appointments, or illness of a member of the
employee's immediate family which require the employee's presence. Temporary or seasonal
employees will not receive paid sick leave benefits.
-No employee is eligible to r-eeeive paid siek leave benefits unAil after- siy.months of employmenti
unless approved by the Town Managef.
It is the responsibility of the employee or someone acting on his/her behalf, to notify the
department of his/her inability to report for work within one (1) hour of the normal reporting time.
probationary,if unable to report to work due to illness or-injui-y, serious health e0fidition, or-health fitness
seasonal,
and eastial
employees must conlaet their- s"er,,iser-before the stai4 of eaeh seheduled wark day/shift er as
soan thereafter- as pr-aefieal to r-epoA the reason for-their-absenee.
All time missed from work due to Sick Leave should be documented on an Employee Absence
Form (see Forms Appendix). The form should be approved by the Department Head and
forwarded to the Payroll Department for processing. Fire/EMS employees may document sick
time usage on the employee timesheet.
An eligible employee may use sick leave for non work re'^+o l illness or injury, medical, dental
and or eye appointments, or illness of a member of the employee's immediate family (family
Resolution 19-28
Page 5 of 7
tubers r- siding within the household of the e pleyee` which require the employee's presence.
Employees may use sick time for the direct care of family members who do not reside in the
employee's household in certain circumstances. At their discretion, supervisors may require
written substantiation of the reason(s) when sick leave is requested under this provision.
Additional documentation is not required when the requested leave is approved under the
provisions of the Family Medical Leave Act (FMLA).
All regular-fiiii time and regular-pai4 time employees Who are unable to repoI4 to work due to
illness, non job related > serious health eondition,
or-health fitness impaifffient to include
the birth of the empleyee's ehild, and who desire to r-eeeive paid siek leave benefits must
their- supefviser before the stat4 of eaeh seheduled work day/shift or as soon ther-eafter- as
p."'
A physician's statement is normally not required unless an employee is absent for more than
three (3) consecutive work days (or one 24-hour shift for Fire/EMS personnel), working an
intermittent schedule or a reduced schedule meeting FMLA criteria, or if a statement is not
requested by the supervisor. When sick leave abuse is suspected, supervisors may require a
physician's statement for any sick leave absence. The physician's statement should indicate the
following:
• Date the medical condition began and the probable duration;
• Estimate of time the employee will be unable to perform work of any kind, or
whether it is necessary to take intermittent leave or work a reduced schedule (part-
time) and the duration of such schedules;
• If the employee is needed to care for the family member residing in the employee's
household and the duration of the leave.
Sick leave benefits are calculated on the employee's base pay rate at the time of absence and will
not include any special types of compensation.
Any employee who requests sick leave pay while performing outside work for compensation
shall be deemed to be in conflict with the intent of this benefit and the employee shall be subject
to the loss of the paid sick leave time (in accordance with the Fair Labor Standards Act regarding
the docking of pay for exempt employees) and subject to appropriate disciplinary action.
Sick leave benefits shall not apply in incidents caused by willful misconduct, purposely self-
inflicted, while on leave without pay, absence without leave, or result of other employment.
Sick leave is accrued by all full-time employees at the following ametints rates for each pay period
worked. Employees must work one full pay period before accruing leave.
Sick leave benefits for eligible employees shall accrue as follows:
rtize,F �n-Qt-'T;=rs^cr � �ie
0-5 years of service 3.08 hours (2 weeks per year)
Over 5 years ol'service 4.62 hours (3 weeks per year)
Resolution 19-28
Page 6 of 7
Over 10 years of service 6.15 hours (4 weeks per year)
Sick leave benefits for eligible Fire/EMS Personnel shall accrue as follows:
0-5 years of service 5 hours (5 shifts per year)
Over 5 years of service 7 hours (7 shifts per year)
Over 10 years of service 1.0 hours (10 shifts per year)
Maximum accrual totals shall be as follows:
Fire/EMS Persomiel on 24-hour shifts 1440 hours (60 shifts)
All other employees 480 hours (60 days)
Permanent part-time employees with regular work schedules are eligible for sick leave on a pro-
rated basis and will be calculated as a percentage of a 40-hour workweek.
if siek leave is used dtffing the initial prebatienafyAfAr-edue4er-y peFied and siek leave aeefuals
aFe not �� ,
exempt empleyees may be subjeet to a pay reduetion for time not war-ke
be ek leav'e-ae-rmt als are not available. i 14-2 r c'tti—nees or a peftion of the employee's
regula.wee-kday. Use of sick leave may not result in the non-exempt employees being
compensated for more than 40 hours per week. Fire/EMS personnel may not use sick leave that
results in the employee being compensated for more than 120 hours in a regular 15-day pay
period.
Payment shall be made for accruals of unused eyed sick leave upon retirement or death of the
employee. Under this policy, retirement is defined as termination initiated by the employee who
has fulfilled the age and years of service requirements under TMRS. Payment is contingent
provided the employee has completed twelve (12) months of employment with the Town and has
not been discharged as a result of criminal or civil misconduct involving Town property,
personnel, or official position. Payment of unused sick leave in other circumstances is to be
made only if approved in advance by the Town Manager.
Resolution 19-28
Page 7 of 7