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HomeMy WebLinkAbout2011-OR-72 2011 -OR- 1 City of Jeffersonville Employee Benefits Section Effective 40 Wage and Hour Section I. Payroll Payroll is paid on a semi - monthly and in some cases weekly basis. All required deductions will be made according to the law. All non -elected office personnel will be required to maintain a time card. If work is conducted off site the employee will be allowed to write in the amount of time worked. Time worked off site must be authorized by the Department head. This hand written entry must be authorized and initialed by the department head. Straight time will be paid to hourly employees working forty (40) hours or less per work week. Work performed by non - exempt employees in excess of forty (40) hours in a work week will be considered overtime and will be paid at the rate of time and one -half the employee's regular rate of pay for hours actually worked over forty (40) hours. Benefit hours (PTO, vacation, holidays, etc) are not considered time worked for computing overtime. II. Overtime The Department. Heads shall attempt to distribute overtime as equally and as practicable as possible to qualified employees within classifications in which overtime is required. Any employee may be required to work in excess of the normal workday or workweek to meet operational demands. Overtime will be paid under the guidelines set out by the FLSA (Fair Labor Standards Act) and paid accordingly. Eligibility for overtime shall be based upon all hours in "active pay status." Overtime is generally discouraged and is usually performed only when the department head determines it is necessary. Working unauthorized overtime will result in disciplinary action. All overtime must be approved by the employee's supervisor in advance, except in unusual or emergency situations. Non - exempt (hourly) employees of the City (see provisions of the Fair Labor Standards Act (FLSA) shall receive overtime pay for all time worked in excess of forty (40) hours in any Work week at a rate of one and one -half (1 '/) times the employee's hourly base rate of pay. III. Flex Time The City may utilize "time -off" or flexible hours in order to avoid having non - exempt employees work in excess of forty -(40) hours in a workweek. The department head must approve flextime scheduling. Effective 41 N. On Call Pay Certain departments are required to be on call and to provide regular services after normal working/scheduled hours. Employees serving on call and providing regularly prescribed services will be paid an on call stipend. The amount to be paid will be $100.00 for the primary on call and $50.00 for the secondary on call. The on call pay will be paid regardless of whether or not the on call employee is called out. If' an employee is called out while on call, he/she shall be paid a minimum of two (2) hours. V. Emergency Call In If an employee is called to work by an authorized individual during an emergency, he /she will be paid a minimum of two (2) hours. The employee will receive time and one -half for actual hours worked. If the employee works less than two hours, he/she will receive time and one half (1 'A) for actual time worked and the difference between the amount of actual time worked and two hours at straight time. Employee must exceed the 40 hours worked as defined in FLSA to be eligible to receive overtime compensation. If an employee is called in on an emergency basis in a workweek that includes a holiday, that holiday will be used as time worked when calculating overtime. This Emergency Call In policy shall be superseded by any ordinance of the City of Jeffersonville which is in any way inconsistent with anything stated in this policy. VI. Longevity All full -time civilian employees hired prior to January 1, 2012, will be eligible to receive longevity pay January 1 following three (3) full years of employment. Longevity pay will be 5200.00 per year, with a maximum of twenty (20) years. Employees hired on or following January 1, 2012, will not be eligible for longevity pay. VII. Retirement All full -time employees are covered by the Public Employees Retirement Fund (PERF), which is known as the Indiana Public retirement System as of January 1, 2012. The City will pay 3% of the employee's mandatory contribution. Police Officers and Firefighters are also covered by the Indiana Pension Fund. The City will pay 3% of the employee's mandatory contribution. Eligible retired City employees and their eligible surviving spouses shall be entitled to participate in individual or family group medical insurance benefits made available by the City to full -time City employees. The retired City employee must meet the conditions established by applicable law, including the following: Effective 42 (a) leave employment with the City after June 30, 1986; (b) complete 20 years of full -time employment with a public employer, 10 years of which are completed immediately preceding the retirement date; (3) reach the age of 55 on or before the retirement date for Medicare coverage; and (4) file a written request with the Personnel Department requesting retiree insurance benefits within 90 days after the retirement date. A surviving spouse of a retired City Employee may also be entitled to participate in individual or family group medical insurance benefits made available by the City to all full -time City employees if such surviving spouse meets certain conditions established by applicable law, including the following: (a) is not eligible for Medicare; and (b) has not survived his/her City employee spouse for more than 2 years; and (3) has not remarried. The foregoing descriptions regarding retirement benefits offered by the City shall be superseded in any instance in which these descriptions are inconsistent with applicable state or local law. VIII. Garnishments A court ordered legal claim against the wages of an employee by a creditor for nonpayment of a debt by legal authority is a garnishment and shall be recognized and executed by the City. When a garnishment is received for an employee, the Finance Department will notify the employee. Vacat I. Vacation Full time employees only shall be entitled to annual vacation leave with pay according to the following schedule. A. Length of Service & Vacation Benefit • The employee will receive five (5) days of vacation on the employee's one (1) year anniversary of continuous service. • On the employee's two (2) through four (4) year anniversary of continuous service, the employee will receive ten (10) days of vacation. • On the employee's five (5) through 14 year anniversary of continuous service, the employee will receive (15) fifteen days of vacation. Effective 43 • On the employee's fifteen (15) through twenty-four (24) year anniversary, the employee will receive (20) twenty days of vacation. • On the employee's twenty -five (25) year anniversary of continuous service and on each subsequent anniversary of continuous service, the employee will receive twenty five (25) days of vacation. B. Vacation leave is credited for all continuous service in active pay status. Vacation is not accrued while an employee is in a non -paid status (e.g., leave of absence without pay, disciplinary suspensions, Family and Medical Leave, and leave under the Americans with Disabilities Act). C. Vacations are scheduled in accordance with workload requirements of the individual department or office. For this reason, it is essential that vacation requests be made at least two (2) weeks in advance of the proposed starting date unless otherwise approved by the department head. Department heads and department supervisors have the authority to approve or deny vacation requests. D. Vacation time does not accumulate from year to year without the approval of the department head. E. If a full -time employee resigns or is terminated on or after January 1st, but before July 1st of a calendar year, he/she shall be entitled to one -half (%) the above - stipulated number of days of vacation leave during the calendar year. F. If an employee resigns or is terminated after June 30th, but on or before December 31st of a calendar year, he/she shall be entitled to all of the regular stipulated number of days of vacation leave during the calendar year, but is entitled to no vacation leave pay for the following year. G. Employees desiring vacation should check the dates of their vacation with the Supervisor or department head. H. Vacation leave is granted in minimum units of four (4) hours or half -day (%s) increments; lesser amount must be approved by the department head. 1. Vacations shall be scheduled in accordance with the needs of the department and the department head will make every effort to respect the vacation request. J. Only full time employees are eligible for vacation benefits. II. Bereavement Leave Bereavement Leave must be arranged with the appropriate department head. All regular, full -time employees will be granted a paid leave of up to three (3) consecutive workdays in the event of the death in the employee's immediate family. "Employee's immediate family" for purposes of this section, shall mean an employee's spouse, child, parent, grandparent, Effective 44 sibling, corresponding in -laws, grandchild, step - child, step - parent, step grandchild, half sibling, , and other residents of the household of an employee. All regular, full time employees will be granted one (1) day of leave in the event of the death of a first cousin, aunt, uncle, niece, or nephew. In the event of the death of a family member not in the immediate family, an employee may use personal time. In certain situations, additional days may be granted with the approval of the department head/Elected Official. III. Personal Time Off (PTO) — With Pay Personal Time Off is a benefit provided to full -time employees. New employees must complete a ninety (90) calendar day introductory period before paid time off leave will be granted. New hires; upon completion of the introductory period, full -time employees will accumulate 1- day a month thereafter up to six (6) personal days through December 31st of the first year of employment. On January 1st of each year, employees hired on or after January I, 2006, will receive six (6) personal days a year (See Ordinance 2006- OR -67). On January 1st of each calendar year, full time employees hired before January 1, 2006 will receive ten (10) personal days a year. The employee will not be required to use the personal days before the end of the year. The employee will be allowed to bank up to forty - five (45) unused days. An employee who transfers from one department or office of the City to another shall be permitted to take his/her PTO days. PTO days may be used in one -half (Y2) day increments. The procedures for requesting PTO will be determined by each department head. When a civilian employee leaves employment in good standing, he/she shall be paid one -third or 33% for unused PTO days, a+p a 45days. IV. Leave of Absence without Pay Leave of absence must be requested in writing and may be granted to employees with the written approval of the Mayor. Leave of absence may be granted for a period of up to six (6) months, or as otherwise required by law, and will be unpaid. Potential grounds for granting such unpaid leave include but are not limited to: Effective 45 • For personal reasons, such as illness in the family (FIvILA), personal illness or problems, and legal difficulties, when there is such urgency that no other alternatives are available; • For personal reasons when the granting of the leave will not be disruptive to department operations, such as for travel or for highly unusual personal requirements. During a leave of absence, the employee may retain his/her group insurance policy, but it will be the responsibility of the employee to pay the full group rate after 90 days. During the leave, the employee will not accrue time, nor will he/she be eligible for any other benefits set out herein. The employee is covered under health benefits for the first ninety (90) days of leave in the same manner that the health benefits were available to them before commencing leave. An employee on an approved leave must notify the Human Resources Director of his/her intent to return to work at least two weeks in advance. The City will make every effort to place the employee in a comparable position and pay upon his/her return to work. However, there is no guarantee of being placed in the exact vacated position. The returning employee will be considered for open positions available upon his/her return. The returning employee will not be allowed to displace another employee. Failure to report for a work assignment at the designated return date specified will result in termination unless an extension is requested and approved. This leave of absence without pay policy shall be implemented in compliance with the Family and the Medical Leave Act and the Americans with Disabilities Act. V. Court Leave If an employee is called for court jury duty or subpoenaed to testify in a court of law during any portion of the employee's regular scheduled working day, that employee may choose to be compensated for such time in one of the manners set forth below. The employee may receive his or her regular salary or wage in full for such time from the City. In such case, all compensation received for court service shall be turned over to the Fiscal Officer in full. The employee will be expected to report for work following jury duty if a reasonable amount of time (two (2) hours or more) remains during his or her scheduled work day. If any employee is called for court jury duty or subpoenaed to testify in a court of law, outside of his or her regularly scheduled working hours, all compensation received for such court service shall be retained by the employee. The City will not reimburse employees when appearing in court for criminal or civil cases, when the case is being heard in connection with the employee's personal matters, such as traffic court, divorce proceedings, custody, appearing as directed with juvenile, etc. An employee taking these absences is required to use leave without pay, vacation, or personal paid leave. This Court Leave policy will be implemented in compliance with the Fair Labor Standards Act. Effective 46 VI. Military or Reserve Service Reserve Training: I.C. Sections 10- 5 -8 -1, 10- 5 -8 -2, and 36 -8 -5 -8 require that Indiana National Guard, Defense Corps, Naval Militia, and all U.S. Armed Forces reserve component members be authorized up to fifteen (15) working days leave with pay per calendar year for training purposes. Along with requests for such leave, employees are required to submit the published order authorizing the military duty or a written statement from the appropriate military commander authorizing such duty. Employees requesting such leave will also be required to complete the necessary leave papers. Active Duty: A permanent employee who is drafted or is called for active duty in the Armed Forces of the United States, the Coast Guard, Public Health Service, Civil Defense, or is drafted in the Merchant Marine Service, shall (in accordance with existing law) be entitled to re- employment after honorable discharge, or discharge under honorable conditions from such services, provided the employee is physically and mentally able to do the work required and reports for work within ninety (90) days of such discharge, or within ninety (90) days after he/she is released from hospitalization continuing after discharge for a period of not more than one (l) year. He/she shall be employed in the position, or a similar position, to the one held at the time of entry into the Armed Forces. All salary adjustments or position upgrades shall be granted to the employee upon reinstatement. In the event his or her former job no longer exists, he/she shall be employed in a capacity for which he/she is qualified at a salary comparable with the one he/she formerly received. VII. Family Medical Leave Act (FMLA) The City of Jeffersonville's family and medical leave policy is available to employees with at least 12 months of service and who have worked at least 1,250 hours within the preceding 12- month period. If eligible, an employee may be able to take up to 12 weeks of unpaid leave during a 12 -month period for the following reasons: • The birth of a child or to care for a child within the first 12 months after birth; • The placement of a child with the employee for adoption or foster care and to bond with and care for the child within the first 12 months of placement; • To care for an immediate family member who has a serious health condition; • For a serious health condition that makes the employee unable to perform the functions of his/her position; or • If the employee experiences a qualifying exigency that arises out of the fact that a spouse, parent, or child has been called to or is on active duty in the Armed Forces, National Guard, or Reserves. In addition, an employee who is the spouse, parent, child, or next of kin of a member of the Armed Forces or covered veteran who was injured in the line of duty ( "injured service member") Effective 47 may be eligible for up to 26 weeks of FIvILA leave in a 12 -month period, including the types of leave listed above. When requesting leave, the employee must provide the city with at least 30 days of advance notice whenever possible. Medical certification will be required if the leave request is for the employee's own serious health condition, to care for a family member's serious health condition, or to care for an injured service member. Failure to provide the requested medical certification in a timely manner may result in denial of the leave until it is provided. If an employee refuses to provide a medical certification, his or her leave request may be denied. Because the city wishes to ensure the well -being of all employees, any employee returning from FMLA for his/her own serious health condition will need to provide a Fitness for Duty statement signed by his/her treating physician. Any employee who fails to provide a Fitness for Duty statement will be prohibited from returning to work until it is provided. Qualifying FMLA leave will not be counted as an absence under the organization's attendance policy. The City will maintain health care benefits for the employee while on FMLA leave, but the employee is responsible for paying the normal monthly contribution. If the employee elects not to return to work at the end of the leave period, the employee will be required to reimburse the organization for the cost of premiums for maintaining coverage during the leave period. All other benefits cease to accrue during the unpaid portion of the leave. Employees must use any accumulated vacation time, or personal time (PTO) to the extent available during this leave period, unless such leave is covered under Workers' Compensation, in which case the employee may only use accumulated leave time for the purpose of satisfying any waiting period. Absences in excess of these accumulated days will be treated as leave without pay. Upon return from leave, the employee will be restored to his/her original or an equivalent position. If an employee fails to return at the end of FMLA leave, the employee will be considered to have voluntarily resigned his/her position with the organization. If an employee and his/her spouse both work for the organization, they are both eligible for leave. The amount of leave allowed for the employee and the employee's spouse may be limited to a combined total of 12 weeks of FMLA leave in a 12 -month period of the leave is taken for: • The birth, adoption, or foster placement of a child; • To care for and bond with such child who does not suffer from a serious health condition; • To care for a parent with a serious health condition; or • A combination of the above. For injured service member leave, the employee and his/her spouse may be limited to a combined total of 26 weeks of leave in a l2 -month period, including the types of leave listed above in this paragraph. Effective 48 It may be medically necessary for some employees to use intermittent FMLA leave. The city will work with employees (and employees are required to work with the city) to arrange reduced work schedules or leaves of absence in order to care for a family member's serious medical condition or due to the employee's own serious medical condition. Fitness for Duty statements are not required when an employee returns from intermittent FMLA leave. Leave because of the birth or adoption of a child must be completed within the 1 2-month period beginning on the date or placement of the child. It may not be taken intermittently without special permission from the employee's Department head. Employees will be terminated when they have exhausted their FMLA leave unless they are entitled to additional leave as a reasonable accommodation under the Americans with Disabilities Act. When state and local laws offer more protection or benefits, the protection or benefits provided by those laws apply. Reauestinz Leave Employees have certain notification obligations under the FMLA. While an employee need not specifically assert his or her rights under the FMLA or even mention the FMLA in requesting leave, the employee must provide information sufficient to enable the City to determine whether the leave may be FIvILA- qualifying in addition to the anticipated timing and duration of' the leave. If the employee provides at least verbal notice sufficient to make a supervisor aware that the employee needs FMLA - qualifying leave, it is the responsibility of the supervisor to ensure that the employee is notified of his/her potential rights to FMLA- covered leave. Whenever foreseeable (e.g., birth or placement of child, planned medical are), the employee shall provide the department head with not less than 30 days advance notice of intended FMLA leave. If circumstances prevent providing 30 days advance notice, the employee shall provide as much notice as is reasonable and practicable. In an emergency, notice may be given by the employee's adult family member or other responsible party. If the employee fails to provide required notice of foreseeable leave with no reasonable excuse, the City may delay the FMLA leave to the extent allowed by law. The City reserves the right to designate any qualifying leave as FMLA leave, regardless whether the employee has specifically requested FMLA leave. An employee who takes or plans to take more than three (3) consecutive paid or unpaid days or shifts off due to an injury, illness or health condition shall apply for, or be deemed to have applied for, FMLA leave. An employee is required to comply with all of his/her department's usual and customary notice and procedural requirements for requesting leave, absent extenuating circumstances. The employee is also expected to make a reasonable effort to schedule medical treatment and other eligible appointments and events so as not to unduly disrupt the ongoing operations of the department. Effective 49 Documentation Any employee requiring FMLA leave must complete and submit an FMLA Request Form to his/her department head, who shall sign the form and forward it to the Director of Human Resources. If the employee is not able to complete the form, the department head may do so on behalf of the employee. If FMLA leave is for the employee's own Serious Health Condition, for the care of a family member with a Serious Health Condition or for the care of a Covered Service Member, a written medical certification must be obtained from the patient's health care provided (or in the case of a Covered Service Member, an authorized DOD provider). Upon receipt of an employee's properly completed FMLA Request Form, Human Resources will provide, within five (5) working days (absent extenuating circumstances), a Notice of Eligibility and Rights and Responsibilities along with the appropriate certification form for the health care provider. The City may, at its own expense, require a second and third medical opinion (except with respect to leave to care for a Covered Service Member) if there is a question as to the necessity for leave relating to a Serious Health Condition. The City will designate the health care provider to furnish the second opinion. A third health care provider, whose decision is final and binding must be designated or approved jointly by the City and the employee. Pending the receipt of the second or third medical opinion, the employee is provisionally entitled to the benefits of the FMLA. If FMLA leave is for a Qualifying Exigency, the employee must also submit a copy of the Covered Military Member's active duty orders and a certification form. Upon receipt of an employee's properly completed FMLA Request Form, Human Resources will provide, within five (5) working days (absent extenuating circumstances), A Notice of Eligibility and Rights and Responsibilities along with the appropriate certification form for the employee. The Notice of Eligibility and Rights and Responsibilities will indicate, among other things: • Whether the employee is eligible for FMLA leave, and, if not, why not; and • The employee's specific obligations with respect to FMLA leave, and the consequences of a failure to meet these obligations. My certification forms required to complete the leave application process will be provided by the Human Resources Department and will be included with the Notice. Alter all required documentation is provided by the employee and/or his/her health care provider, Human Resources will send a Designation Notice, informing the employee whether or not his/her leave will be designated as qualified under FMLA. All certification forms will be supplied by Human Resources and will comply with U.S. Department of Labor guidelines. If an employee fails to provide the required certification in a timely manner, the employee may be denied FMLA leave until such certification is provided. Effective 50 When an employee's need for intermittent leave due to the employee's own Serious Health condition or that of a family member lasts beyond a single Rolling 12 -month Period, the City may require the employee to provide a new medical certification in each subsequent 12- month period in compliance with applicable law and regulation. An employee may also be required to periodically provide recertification at such times as permitted by the FMLA. To facilitate the communication required by FMLA absences, an employee may be required to make periodic contact with his or her supervisor or another designated member of management throughout his/her absence. The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other entities covered by GINA Title 11 from requesting or requiring genetic information of an individual or family member of the individual, except as specifically allowed by this law. To comply with this law, we are asking that you not provide any genetic information when responding to any request for medical information. "Genetic information," as defined by GINA, includes an individual's family medical history, the results of an individual's or family member's genetic tests, the fact that an individual or an individual's family member sought or received genetic services, and genetic information of a fetus carried by an individual or an individual's family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services. Compensation and Benefits under the Family and Medical Leave Act Leave taken under the FMLA is unpaid. It is, however, the policy of the City of Jeffersonville to require employees to substitute all applicable earned or accrued paid time, for all or part of the unpaid leave. Such leave shall run concurrently with FMLA leave and shall count against the employee's leave entitlement under the FMLA. Taking FMLA leave shall not result in the loss of any employment benefit accrued prior to the date on which the leave commences. The following benefits are not affected during unpaid FMLA leave: Group health insurance coverage will continue on the same basis as coverage would have been provided had the employee been actively employed during the leave period as long as the employee pays his or her regular portion of the premium on a timely basis. Failure to pay or timely pay such premiums during leave may result in Toss of health insurance coverage. An employee who does not return to full-time work for a period of at least 30 calendar days at the end of the leave, unless the reason the employee does not return is beyond his/her control, will be expected to reimburse the City for health insurance premiums paid by the City of Jeffersonville during the leave period. The City shall take action to collect such payments to the extent permitted by law. An employee who chooses not to retain the City's health coverage during FMLA leave will be entitled, upon return from leave, to reinstatement on the same terms as prior to taking the leave. Effective 51 Group term life insurance, accidental death and dismemberment insurance will remain at the City's expense. Although employee and employer contributions to the Public Employees Retirement Fund (PERF) will be suspended during an unpaid leave of absence, no break shall be reflected in the employee's service credit. City service credit, as used to determine longevity, PTO accruals and retiree insurance benefits, shall also continue uninterrupted. The following benefits are affected during an unpaid FMLA leave: An employee shall not accrue PTO for any semi - monthly /weekly pay period during which the employee is paid for fewer than 75 hours. An employee shall not receive holiday pay for any holiday that falls during a period of unpaid leave. Returning From FMiLA Leave The City of Jetf'ersonville may require an employee on FMLA leave to report periodically on his/her status and intent to return to work. If the circumstances change and it becomes necessary for an employee to take either more or less leave than originally anticipated, the employee is required to provide notice of the changed circumstances within two (2) business days. If an extension is requested a recertification may be required. In general, upon return from FMLA leave an employee is entitled to be reinstated to the same position he/she held when leave commenced, or to an equivalent position with equivalent pay, benefits, working conditions and other terms and conditions of employment. In addition, the position in which the employee is placed will have substantially similar duties, skill, effort, responsibility and authority. The right to reinstatement is not absolute — reinstatement may be denied if: The employee would not have been employed by the City at the time reinstatement is requested even if he /she had not taken leave; or The reinstatement of a Key Employee will cause substantial and grievous economic injury to the operations of the city; or The employee is unable to perform an essential function of his/her position or an equivalent position, with or without reasonable accommodation, because of a physical or mental condition; or FMLA leave has been fraudulently obtained. An employee who has taken leave for his/her own Serious Health Condition is required to provide a medical certification from the health care provider stating that the employee is able to resume work. The City may require that the certification specifically address the employee's ability to perform the essential functions of his/her job, in which case the City will provide the employee with a list of essential job functions to facilitate this requirement. If the employee fails Effective 52 to provide a fitness- for -duty certification, return from leave shall be denied until the certificate is submitted. At the City's discretion, an employee who fails to provide either a fitness- for -duty certification or a new medical certification for a serious health condition may be terminated. If the City questions an employee's ability to resume work, it may, at its own expense, require a medical examination that is job related and consistent with medical necessity. If an employee gives unequivocal notice of intent not to return to work, the city's obligations under FMLA to maintain health benefits and to restore the employee to his/her position cease. Limitations on FMLA Leave An employee who is taking FMLA Leave for his/her on Serious Health Condition shall not engage in outside employment during the period of leave. In the case of spouses who are both eligible City employees, FMLA leave taken by such Spouses in any Rolling 12 -Month Period shall be limited to a combined total of 12 weeks if the leave is taken for the birth or placement of a Son or Daughter, to care for a Parent with a Serious Health condition or due to a Qualifying Exigency. If the leave is taken to care for a Covered Service member, or for a combination of caring for a Covered Service Member and for any other qualifying reason, such Spouses are limited to a total of 26 weeks of leave in a Single 12 -Month Period. Entitlement to FMLA leave for the birth or placement of a child into an employee's family shall expire at the end of the 12 -month period beginning on the date of birth or placement. The City uses a rolling 12 month period for determining eligibility for FMLA Leave. Any period of leave that extends beyond 12 weeks in a Rolling 12 -Month Period (or 26 weeks in a Single 12 -Month Period to care for a Covered Service Member) is not FMLA - eligible. After the 12 week (or 26 week) entitlement is exhausted, an employee is no longer entitled to the protections of the FMLA. Non- Discri m (nation /Retaliation The City will not interfere with, restrain or deny the exercise of any right provided under the FMLA; discharge or discriminate against any person for opposing any practice made unlawful by the FMLA; or discharge or discriminate against any person for his/her involvement in any proceeding under or related to the FMLA. Any employee who believes that the City has violated the foregoing may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against the City. The City requests, however, that employees bring any such complaints first to the attention of their department head or to Human Resources to allow for resolution. The FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any State or local law or collective bargaining agreement that provides greater family or medical leave rights. Effective 53 Insurance Coverage I. Group Health, Life, Dental, & Vision This section provides a brief sketch of the employee group health benefit plan, Section 125 Plan, AFLAC supplemental health insurance, group term life insurance, and Accidental death and dismemberment coverage. The insurance benefits described in this manual are expressly subject to the terms, conditions, and eligibility requirements set forth in the formal plan documents governing the City's compensation and benefits plans. A copy of benefits will be available from the Director of Human Resources at the time of hire. A. Group health insurance: Group health insurance is available for all regular full -time employees and elected office holders. The effective date of health insurance coverage is the first day of employment, and terminates on the last date of employment. Health Savings Account (H.S.A.) Employees who are eligible for the City's group health insurance may choose to participate in the H.S.A. health insurance plan. Section 125 plan - AFLAC supplemental health insurance (American Family Life Assurance Company) Because the City participates in a Section 125 Plan (governed by Internal Revenue Services compliance's and laws), administered by AFLAC, employee contributions for group health and other benefit coverage may be made with pre-tax dollars through a payroll deduction. By contributing this way, employees reduce the out-of-pocket dollars and receive a savings in their take - home" pay or net earnings. In addition to the Section 125 Plan, employees may choose to purchase supplemental insurance products from AFLAC. These benefits are offered to new full -time employees and once yearly at the designated open enrollment period (and upon special qualifying events). No deductions will be made until an employee formally enrolls in a plan and gives the City authorization to make deductions. B. Group Health Insurance for Retirees: Retired employees and eligible dependents are eligible for the City's health insurance plan at a discounted rate until the age of 65. • C. Term Life Insurance and Incidental Death and Dismemberment (AD &D) Coverage: Group Term Life Insurance and AD &D coverage is eligible to all regular full -time employees. Life insurance and AD &D coverage begins on the first day of employment. This coverage Effective 54 terminates on the last day of employment. For more information conceming this coverage, please contact the Director of Human Resources. D. Dental Insurance: Group Dental insurance is available to all regular full -time employees. Dental coverage begins on the first day of employment. This coverage terminates on the last day of employment. For more information concerning this coverage, please contact the Director of Human Resources. E. Vision insurance: Group Vision Insurance is available to all regular full -time employees. Vision coverage begins on the first day of employment. This coverage terminates on the last day of employment. For more information concerning this coverage, please contact the Director of Human Resources. F. Other Group Voluntary Insurance Benefits: In addition to the above - mentioned insurance coverage, the City allows full -time employees to purchase other voluntary products, including a flexible spending plan. Contact the Director of Human Resources to enroll in any of these plans. If an employee's address changes while employed (and/or including following separation), the Director of Human Resources must be notified immediately so that the insurance companies have current, updated information. Failure to comply may result in coverage or claims not being paid in a timely manner. NOTE: The City of Jeffersonville does not guarantee the continuation of current insurance benefits or any insurance benefits to employees on a permanent basis. Like the group health insurance, no deductions will be made until an employee formally enrolls in a plan and provides the City authorization to make deductions. For more information about the benefits, please contact the Director of Human Resources. COBRA Employees, their spouses, or dependents who are enrolled in the City's group health insurance at the time of the employee's termination from employment (other than for gross misconduct or as the result of retirement) or because of another qualifying event may, unless otherwise provided by law, elect to continue participating in the group health insurance plan through the Consolidated Omnibus Reconciliation Act (COBRA). In addition to termination of employment (except for gross misconduct), qualifying events include death, divorce, legal separation of marriage, and other similar change of status (example: dependent age no longer qualifies for coverage under the parent's group plan). When there is a qualifying event, the employee must notify the Director of Human Resources. The insurance carrier administers the COBRA and the monthly payment/expense is paid directly to the insurance carrier by the qualifying person or employee. Effective 55 For more information on Cobra coverage. please contact the Director of Human Resources. Effective 56 City of Jeffersonville Employee Handbook Acknowledgment of Receipt The statements contained in the Handbook are intended to provide only general information about the current policies and practices of employment. Nothing contained herein is intended to create, or shall be construed as creating, an express or implied contract or guarantee of employment for a definite or indefinite term. I recognize, understand, and agree that such employment will be "at will" employment and that, at any time, I or the city of' Jeffersonville may, with or without cause, terminate such employment. The City of Jeffersonville retains the right at any time, in its own discretion, to delete, add to, alter, and amend any and all information, statements, employee benefits, or terms and conditions of employment contained herein with or without advance notice to me. I understand that the policies and procedures are continuously evaluated and may be amended, modified or terminated at any time. Upon termination I agree to return all property to the City of Jeffersonville. My signature below represents that I have received, read, and understand the information outlined in this Handbook. I agree to read it thoroughly including the statements in the forward describing the purpose and effect of the Handbook. I agree that if there is any policy or provision in the Handbook that I do not understand, I will seek clarification from the Human Resources Department. Employee Printed Name: Employee Signature: Date: Director of Human Resources Effective 57 Presented by me as Clerk Treasurer to the Mayor this / 122 01 day of Q/.uu '=' 2011. t . U Pegg kt lder Clerk Treasurer Thi Ordin ce approved and signed by me this r2 / day of .�� 2011. / /� // omas R. Gal igan Mayor Attest: Pcgg,Vbildcr Clerk Treasurer