HomeMy WebLinkAbout2017-R-1 EMPLOYEE NON BENEFIT SECTIONRESOLUTION NO. 2017-R-
BEFORE THE BOARD OF PUBLIC WORKS AND SAFETY FOR THE CITY OF JEFFERSONVILLE
IN THE STATE OF INDIANA
RESOLUTION APPROVING 2017 EMPLOYEE NON-BENEFITS SECTION
OF CITY OF JEFFERSONVILLE POLICY AND PROCEDURE MANUAL
WHEREAS, the Board of Public Works and Safety of the City of Jeffersonville, Indiana
hereinafter the BPW) is responsible for approving the employee non-benefits section of the
city employee policy and procedure manual; and
WHEREAS, there is a need update the city employee policy and procedure manual; and
WHEREAS, the BPW has reviewed the 2017 Employee Non-Benefits Section of the City
of Jeffersonville Policy and Procedure Manual, attached hereto; and
NOW THEREFORE IT IS RESOLVED by the BPW that the 2017 Employee Non-Benefits
Section of City of Jeffersonville Policy and Procedure Manual, attached hereto, is hereby
approved.
Passed and adopted this day of 20 7, by the Board of
Public Works and Safety of the City of Jeffersonville, Liz k ou ity, Indian
Mayor Mik Moore, Presidin Officer
ATi-
Vicki Conlin
Clerk
City
IleJet't'ersonvi
Po-11611i" ey and
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Procedure
Manual
Table of Contents
Page
POLICYADMINISTRATION .......................................................................................................1
I.Definitions............................................................................................................................2
II. Scope....................................................................................................................................2
III. Organization and Responsibility..........................................................................................2
IV. Employment-At-Will...........................................................................................................4
V. Equal Employment Opportunity and Affirmative Action...................................................4
A. Discrimination, Harassment, and Retaliation are Prohibited...................................4
B. Equal Opportunity Employment/Affirmative Action..............................................4
C. Prohibition Against Sexual and Other Forms of Harassment..................................4
D. Disability Accommodation......................................................................................6
E. GINA Policy............................................................................................................6
F. Retailiation...............................................................................................................7
G. Reporting Discrimination, Harassment, and Retaliation...............................7
VI. Ethics....................................................................................................................................7
A. Employer-Employee Relations................................................................................8
B. Nepotism..................................................................................................................8
C. Dating In the Workplace..........................................................................................8
D. Pecuniary Interest in Contract or Purchase..............................................9
VII. Drug and Alcohol.................................................................................................................9
A. Pre-Employment Testing.......................................................................................10
B. Post-Incident Testing.............................................................................................10
C. Random Testing.....................................................................................................10
D. Reasonable Suspicion Testing...............................................................................10
VIII. Social Media......................................................................................................................11
IX. Electronic Devices,Telephones and Voicemail................................................................12
A. City Cell Phones 13
B. Use of Cellular Phones, Texting, and E-Mail While Driving 14
C. Computer and Electronic Devices ................................................... 14
EMPLOYMENT............................................................................................................................15
I.Employment Status............................................................................................................15
A. Categories 15
B. Classifications 15
II. Minimum Job Qualifications.............................................................................................16
III. Hiring Procedures..............................................................................................................16
IV. Employment of Minors......................................................................................................17
A. Work Permits.........................................................................................................17
B. Work Hour Restrictions .........................................................................................17
V. Immigration Law Complaince........................................................................................ 17
VI. Hours of Work...................................................................................................................17
A. Timekeeping ..........................................................................................................18
B. Attendance and Tardiness......................................................................................19
C. Nursing Mothers ....................................................................................................19
VII. Personnell File ..................................................................................................................20
i Revised
A. Access to Files .......................................................................................................20
B. Verification of Employment and Reference Checks .............................................20
C. Public Information in Employee Personnel Files ..................................................20
VIII. Training..............................................................................................................................20
IX. Demotion............................................................................................................................21
X. Performance Evaluations...................................................................................................21
XI. Corrective Action...............................................................................................................21
A. Disciplinary Offenses..............................................................................................22
XII. Resignation........................................................................................................................23
XIII. Re-Employment Policy............................................................................. 23
XIV. Employee Exit Process............................................................................ 24
XV. Professional Appearance...................................................
XVI. Uniform Allowance ...........................................................................................................25
XVII. Outside Employment.........................................................................................................25
XVIII. Pay......................................................................................................................................25
A. Payroll............................................................................................ 25
B. Overtime.......................................................................................25
C. Overtime Provisions While in Travel Status............................................... 26
D. On Call Pay.................................................................................... 27
XIX. Health/Safety&Risk Management...................................................................................28
A. Office of Health, Safety, and Risk Management...................................................28
B. Occupational Safety and Health.............................................................................28
XX. Workers' Compensation.....................................................................................................29
XXI. Family and Medical Leave Act("FMLA") Leave.............................................................29
A.Responsibilities..............................................................................................................29
BPolicy..............................................................................................................................29
XXII. Take Home Vehicles..........................................................................................................34
XXIII.City Property, Equipment, and Vehicles.............................................................................34
XXIV. Solicitation and Distribution..............................................................................................34
XXV. Confidential Information ...................................................................................................34
XXVI. Weather/Civil Emergencies....................................................................................................... 35
A. Emergency Call In.................................................................................................36
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Policy Administration
I. Definitions:
City: The City of Jeffersonville.
Department Head: Employee who is appointed and serves at the pleasure of the Elected Official
as the supervisor or lead of a department.
Distribution: As used in this policy includes the passing out of any type of literature, advertising,
handbills, circulars, forms, or any other memorabilia.
Employee: Any person in the employ of the City in any status.
Exempt: Employee whose job duties and salary meet the criteria of one of the exemptions under
the Fair Labor Standards Act("FLSA") and/or the Indiana Code 22-2-3-3.
Hourly: Employee paid an hourly rate of pay.
Non-Exempt: Employees whose job duties and/or salary do not meet the criteria of one of the
exemptions under the FLSA or the Indiana Code 22-2-2-3. Non-Exempt employees are subject to
the overtime laws of the FLSA and State of Indiana.
Non-Work Area: As used in this manual includes any area on or off the City's premises that is
either not designated as a work area or where the employee performs no work.
Non-Work Time: As used in this manual includes any time during an employee's workday where
the employee is completely relieved of work duties, such as break time and lunch time. Whether
an employee is in paid or unpaid status during these times is immaterial to the designation of non-
work time.
Introductory Employee: A new employee serving an initial introductory period of at least sixty
60) days.
Salaried: Employee who is paid a predetermined amount of compensation weekly or semi-monthly
based upon a thirty-seven and a half hour(37.5) or forty(40)hour workweek.
Solicitation: As used in this manual includes, but is not limited to, any act which requests, urges,
or seeks to induce an employee to give or obligate him/her to pay money for any cause, or for any
reason, or to sign any document indicating membership in any organization, association or group,
or indicating support for, or a pledge to, any such organization, association, or group.
Work Area: As used in this manual includes, but is not limited to, offices, work sites, locations,
conference rooms, common areas, and corridors leading directly thereto, and such other areas,
which are essential to the performance of an employee's duties.
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Work Time/Hours Worked: As used in this manual includes all of the time when an employee's
duties require that he/she be engaged in work tasks,but does not include the employee's own time
such as meal periods, scheduled breaks, and time before or after a work shift. This time also does
not include PTO, vacation,holidays, etc.
II. Scope
The purpose of this Policy and Procedure Manual ("Policy Manual") is to provide a consistent,
systematic, and organized approach to the establishment, implementation, and administration of
the personnel policies of the City of Jeffersonville (hereinafter also referred to as the "City"). It is
written,adopted, and interpreted exclusively by the Jeffersonville Board ofWorks,the Mayor, and
their designee, and is not subject to modification, change, or contrary interpretation by any
employee or employee representative organization except as may otherwise be specifically
authorized and recognized by the laws and/or Constitutions of the State of Indiana and the United
States.
No Policy Manual can anticipate every circumstance or question about City policy. As the City
continues to grow, the need may arise to change personnel policies and procedures. The City
reserves the right to revise, supplement, or rescind any policies or portions of this Policy Manual
as it deems appropriate. It is our sole and absolute discretion. The only exception is our
employment-at-will policy, which permits you OR the City to end the employment relationship at
any time for any reason not prohibited by law, with or without prior notice. Employees will be
notified if revisions of the Policy Manual are created.
The policies described herein are not intended to create a contract for permanent or continuous
employment. The City reserves the right,without notice,to change,modify,repeal, or amend any
information, statements, employee benefits, or terms and conditions of employment contained in
this Policy Manual, in accordance with state and federal requirements.
The changes in this Policy Manual will supersede previous manuals and City ordinances within
the City of Jeffersonville. Should you have a question about any part of this Policy Manual or
policies contained within, do not hesitate to seek clarification from your Department Head or the
Director of Human Resources.
III. Organization and Responsibility
The City of Jeffersonville is governed by the Mayor, City Council, other Elected Officials and the
Board of Public Works. The Mayor is responsible for the general administration of City business.
The City is organized into various departments to ensure adequate expertise, specialization, and
efficient functioning. These departments, or offices, function under the administrative guidance
and control of the Department Heads that are responsible for the day-to-day management and
operation of the City.
Department Heads are appointed by the Mayor, as needed, within each City department to provide
proper control and supervision of certain internal and department functions.
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Each employee's particular duties, obligations, and areas of responsibility are defined in their
position description and/or by assignment or directive of any supervisor. Employees are primarily
responsible to their Department Head for completion of specific work assignments and the quality,
quantity, and timeliness of the work performed.
The rights, authorities,powers, and responsibilities of City employees at all levels,with respect to
the policies in this Policy Manual, are more clearly delineated in the specific subject areas.
However, in general, the Mayor is charged with the development, promulgation, and adoption of
the provisions of this Policy Manual. The various management and supervisory personnel are
charged with applying, interpreting, enforcing, and generally ensuring compliance with the
provisions of this Policy Manual. It is the obligation and, a requirement as a condition of
employment, for each person employed by the City to comply in every respect with the provisions
ofthis Policy Manual and related procedures including work rules to perform their assigned duties
in a responsible manner creditable to the City.As such, all City employees are expected to become
knowledgeable about its contents and abide by the policies set forth herein. Any questions,
concerns, or lack of understanding about a particular provision of this Policy Manual should be
promptly discussed with your Department Head or the Human Resources Department.
This Policy Manual was created for civilian personnel not covered by any other bargaining
agreement. It is not the intent or purpose of this Policy Manual to supersede or overrule any state
or federal rules and regulations governing the operation of a department or collective bargaining
agreements.
A copy of the Policy Manual will be given to all current employees of the City and to all new
employees, including part-time and temporary employees, subsequent to its adoption.
The terms of this Policy Manual are subject to change, at any time, without notice and at the sole
discretion of the City of Jeffersonville. Only the Mayor will have the authority to make revisions
ofpolicies contained herein. The City Council will have the authority to revise the benefits section
ofthis Policy Manual.
Any changes in this Policy Manual shall in no way alter the Employment-At-Will policy (see
Employment-At-Will"below) or create a binding contract between the City and any employee.
Employees are encouraged to make suggestions for improvements in personnel policies and
practices. Suggestions should be directed to Department Heads in writing with an explanation as
to how such a change could benefit the City, the department, and/or the public.
The Department Heads maintain the ultimate right to manage their work forces, consistent with
the policies set forth in this Policy Manual and all applicable state and federal laws. The
Department Heads' rights include, but are not limited to, determining method and procedure,
number of work force, assignment of duties, hours of employment, compensation of personnel
within the confines of the Salary Ordinance), hiring, disciplining, discharging, promoting and
transferring employees, and laying off employees for lack of work, lack of funds, or due to job
elimination.
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IV. Employment-At-Will
Employment with the City is "at-will." This means that either the employee or the City may
terminate the employment relationship at any time for any reason not expressly prohibited by law
or for no reason at all. Nothing contained in this Policy Manual constitutes or may be construed
as a guarantee of employment for any specific period of time. Nothing contained in this Policy
Manual constitutes or may be construed as a contract, express or implied, between the City and
any employee or other person. No manager, supervisor, or employee of the City has any authority
to enter into an agreement for employment for any specified period of time or make an agreement
for employment other than at-will. Only the Mayor of the City of Jeffersonville has the authority
to make any such agreement, and then only in writing.
V. Equal Employment Opportunity and Affirmative Action
A. Discrimination, Harassment, and Retaliation are Prohibited
One of the City's most important goals is attracting and employing qualified, effective employees.
The City is committed to a policy of basing all decisions on recruitment, employment, transfers
and promotions upon the City's needs and the qualifications of the individual for the position
sought or held. The City expressly prohibits all forms ofunlawful discrimination,harassment, and
retaliation. The City cannot, however, take action to correct a violation of this policy unless it is
made aware of the situation. Employees are, therefore, strongly encouraged to report perceived
violations of this policy.
B. Equal Opportunity Employment/Affirmative Action
The City has a continuing responsibility to act affirmatively to expand employment opportunities
that contribute to a diverse workforce. Accordingly, it is the City's policy to provide equal
employment and advancement opportunity to all persons without regard to race, color, religion,
sex, sexual orientation, gender identity, national origin, disability, age (40 and over), genetic
information, ancestry, veteran status, or any other characteristic protected by applicable federal,
state, or local law. This policy applies to recruitment, hiring, and all aspects of the employment
relationship, including, but not limited to, compensation, benefits, training, promotions,
demotions, evaluations, transfers, discipline, and termination of employment. Employees are
strictly prohibited from discriminating against any person on the basis of race, color,religion, sex,
sexual orientation, gender identity, national origin, disability, age (40 and over), genetic
information, ancestry, veteran status, or any other characteristic protected by applicable federal,
state, or local law. If you believe, in good faith, that you have experienced unlawful
discrimination, see Reporting Discrimination, Harassment, and Retaliation, below, for additional
information and guidance.
C. Prohibition Against Sexual and Other Forms of Illegal Harassment
All employees are expected to treat each other with courtesy, respect, and professionalism at all
times. The City will not tolerate any form ofverbal or physical conduct that has the purpose or
effect of. (a) creating an objectively hostile, intimidating, or offensive work environment; (b)
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unreasonably interfering with or disrupting an individual's work performance; or(c) adversely
affecting an individual's employment opportunities. This policy expressly prohibits unwelcome
conduct that is based on or motivated by a person's race, color, religion, sex, sexual orientation,
gender identity, national origin, disability, age (40 and over), genetic information, ancestry,
veteran status, or any other characteristic protected by applicable federal, state, or local law.
Unwelcome conduct that is based on or motivated by factors that are not protected by law (such
as hair style, choice of transportation, school attended,political opinions, etc.) also is prohibited.
Examples of conduct prohibited by this policy include,but are not limited to:
Persistently or severely antagonizing, annoying, attacking, criticizing, or bothering a
person based on a protected status;
Making frequent or severe demeaning, insulting, intimidating, or provocative comments
to or about a person or group related to or based on a protected characteristic;
Using offensive epithets, slurs, innuendo, gestures, symbols or items regarding or
negatively associated with a protected characteristic;
Making jokes or remarks, or otherwise perpetuating negative stereotypes, regarding or
negatively associated with a protected characteristic or status; or
Distributing, displaying or discussing written or graphic material that ridicules,
denigrates, insults,belittles, or shows hostility or aversion regarding a protected
characteristic.
Sexual harassment is a special form of unlawful harassment, which is prohibited by state and
federal laws and by this policy. All employees must be allowed the opportunity of employment
in an environment free from unsolicited and unwelcome sexual conduct. The City will not
tolerate known sexual harassment of any employee by any other employee, including supervisors
and managers, as well as consultants, contractors, suppliers, or citizens.
Unwelcome sexual advances,requests for sexual favors, and other verbal or physical conduct of
a sexual nature may constitute unlawful sexual harassment and are prohibited by this policy if:
Submission to the conduct is either an explicit or implicit term or condition of
employment; or
Submission to, or rejection of, the conduct is used as a basis for an employment decision
affecting the person rejecting or submitting to the conduct; or
The conduct has the purpose or effect of substantially interfering with an affected
person's work performance or creating an intimidating,hostile, or offensive work
environment.
Sexual harassment may take many different forms. Examples of conduct that may constitute
sexual harassment include:
Unwelcome and offensive sexual innuendoes, suggestive comments,jokes of a sexual
nature, sexual propositions, lewd remarks, or threats.
Requests for any type of sexual favor (e.g., repeated, unwelcome requests for dates).
Verbal abuse or"kidding" of a sexual nature or directed only toward members of one sex.
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Distribution, display(i.e., others can see it), or discussion of any written or graphic
material that is sexually suggestive or shows hostility toward an individual or groupbasedonsex;
Suggestive or insulting sounds, leering, staring,whistling, obscene gestures;
Content in letters,notes, facsimiles, e-mail, etc. that is sexual in nature; and
Unwelcome, unwanted physical contact, including, but not limited to, touching, tickling,
pinching, patting,brushing against, hugging, cornering, kissing and fondling, or forced
sexual intercourse, contact, or assault.
This policy is not intended to prohibit occasional, appropriate compliments and other normal,
courteous, respectful conduct of a socially acceptable nature. This policy also cannot be used to
avoid lawful evaluation and criticism of an individual based on his or her work performance,
attitude, attendance, qualifications, or similar criteria.
If you believe in good faith that you have experienced or witnessed any form of prohibited
harassment, see Reporting Discrimination, Harassment, and Retaliation, below, for additional
information and guidance.
D. Disability Accommodation
The City is committed to complying, where applicable, with the Americans with Disabilities Act
ADA"), as amended, and any applicable similar state and local laws. The City will not
discriminate against qualified individuals on the basis of disability,perceived disability, and
record of disability or association with disabled persons. The City will, if requested,make
reasonable accommodations for qualified individuals with known disabilities as required by law.
Finding a reasonable accommodation requires, of course, the employee's good faith interaction
with management. This policy governs all aspects of employment, including selection,job
assignment, compensation, discipline, termination and access to benefits and training. The City
expects all employees to recognize and support the City's compliance commitment and to
support and assist in such compliance in whatever way their positions may require. Any
employee who desires a reasonable accommodation or who has disability-related questions or
concerns should contact his or her supervisor or the Human Resources Department. If you
believe that you have experienced disability discrimination, see Reporting Discrimination,
Harassment, and Retaliation, below, for additional information and guidance.
E. GINA Policy
The City complies with Title II of the Genetic Information Nondiscrimination Act of 2008
GINA"), which protects applicants and associates from discrimination based on genetic
information in hiring, promotion, discharge, pay, fringe benefits, job training, classification,
referral, and other aspects of employment. GINA also restricts employers' acquisition of genetic
information and strictly limits disclosure of genetic information. The City will not intentionally
solicit genetic information and, if such information is inadvertently disclosed by the associate or
the associate's caregiver, the City will keep it separate from the associate's personnel file, treat it
as a confidential medical record, and not disclose it except as allowed or required by law.
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F. Retaliation
The City will not tolerate retaliation against an employee for reporting any type of unlawful
discrimination,harassment,or other inappropriate behavior,participating in an investigation or for
exercising his or her rights under the Workers' Compensation or FMLA statute. If you believe
that you have experienced or witnessed such retaliation, see Reporting Discrimination,
Harassment, and Retaliation, for additional information and guidance.
G. Reporting Discrimination, Harassment, and Retaliation
If you believe that you have experienced or witnessed unlawful discrimination, harassment, or
retaliation, you should tell the person(s) engaging in the inappropriate behavior that their conduct
is inappropriate and must stop. If you are uncomfortable communicating directly with the
person(s) whose conduct is offensive, or if direct communication has proven unsuccessful, you
may skip this step. Additionally, you should report the offensive conduct to your supervisor or the
Human Resources Department. If one of these individuals is the offending party,you should report
the conduct to one of the other individuals. Supervisors who witness what may be a violation of
the City's policies prohibiting discrimination, harassment, or retaliation, or who receive an
employee's report of a violation of the City's policies prohibiting discrimination, harassment, or
retaliation,must promptly report it to the Human Resources Department.
Upon receiving a report of an alleged violation of its policies prohibiting discrimination,
harassment, or retaliation, the City will conduct an investigation. Every employee is required to
fully cooperate in such investigations. Employees will not be retaliated against for providing
truthful information during an investigation, but may be disciplined or terminated for dishonesty
or failure to cooperate in an investigation.
If, in the City's judgment, it appears more likely than not that a violation of the City's policies
prohibiting discrimination, harassment, or retaliation has occurred, the City will take appropriate
remedial actions. Accusing another employee ofviolating any of these policies is a serious matter,
and false accusations can have serious adverse effects on innocent persons. Accordingly, any
employee found to have made such accusations maliciously or without an objectively reasonable
basis for believing them to be true may be disciplined or terminated. Human Resources
representatives are available for consultation if you have any questions about this policy.
VI. Ethics
All employees are expected to maintain the highest possible ethical/moral standards and to
perform within the laws of the State of Indiana and other rules and regulations as may be set
forth by the City. It is important to remember that the compensation of all employees is paid
through taxes and user fees. Therefore, each employee assumes the responsibility to serve the
public in an honest, effective,respectful, and courteous manner.
See the Human Resources Department for more information on the City's Ethics Ordinance.
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A. Employer-Employee Relations
The City is committed to a mutually rewarding relationship with its employees. Thus, the Cityattemptstobereceptivetoconstructivesuggestions, criticisms, and questions. Department Heads
are encouraged to hold regularly scheduled departmental meetings to keep employees informed
about items of interest and discuss issues of concern to employees. The City, as part of its
commitment to delivering the highest level of services to residents and guests, expects all
employees:
To treat all residents, guests, and suppliers as customers of all City services.
To represent the City in a positive and ethical manner.
To perform assigned tasks in a safe and efficient manner.
To attend work as required and to be punctual.
To demonstrate a considerate, friendly, and constructive attitude toward fellow
employees, supervisors, and elected officials.
To follow the City and departmental policies and practices.
The City retains the sole discretion to exercise all managerial functions, including the followingrights:
To dismiss, assign,reassign, supervise, and discipline employees.
No offers of employment may be made by anyone except the Director of Human
Resources or designee.
To determine and change employee work schedules to meet the needs of the CityofJeffersonville.
To assign employees to other jobs within departments or into other departments.
To determine and adjust the number and specific qualifications of the workforce.
To assign duties to employees in accordance with the City's needs and
requirements and to carry out all administrative and management functions.
To establish, change, and abolish policies,practices, roles, and regulations to meet
the needs of our customers.
B. Nepotism
In order to comply with 2012 Indiana HEA 1005 law and City of Jeffersonville Ordinance 2012-
OR-29, the City does not prohibit employment of immediate family(spouse,parent/stepparent,
child/stepchild,brother, sister, stepbrother, stepsister, niece, nephew, aunt, uncle, daughter-in-
law, or son-in-law) in the same department or administrative unit, provided that the family
member is not under the direct chain of command of another family member.
C. Dating In the Workplace
Romantic, sexual, and other"intimate' relationships between employees (and especially between
a supervisor or manager and a lower echelon employee)have the potential to create complications
for the City. The City, therefore, opposes such relationships and any conduct (such as flirting ordating) that does or reasonably could lead to such relationships.
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In the event an intimate relationship exists or develops between a manager or supervisor and a
lower echelon employee, the manager or supervisor must immediately notify the Human
Resources Department of the existence of such relationship. Likewise, if any such relationship
between a manager or a supervisor and a lower echelon employee ends (or if it appears that the
relationship is approaching a less than amicable end),the manager or supervisor must immediately
notify the Human Resources Department of such development. Any information provided to the
Human Resources Department regarding such relationships will, to the extent consistent with the
City's best interests, be held in confidence and will be shared only with those members of the
organization who have a need to know. Employees engaged in an intimate relationship may be
required to sign a document acknowledging the consensual nature of the relationship.
The City reserves the right to insist that any intimate relationship between employees cease, or to
reassign or terminate one or both of the employees if the City deems that to be in the City's best
interest. The City reserves the same rights in the event existing employees become close relatives,
or in the event any previously tolerated employment relationship between intimates or close
relatives is no longer acceptable to the City. In such circumstances, the City will consider the
employees' input regarding which of them should be reassigned or terminated,but it ultimately is
the City's decision. The City may modify or deviate from these general policies in particular cases,
if it deems that to be in the City's best interests.
D. Pecuniary Interest in Contract or Purchase
Employees may only have a pecuniary interest in a contract or purchase with the City if the
employee complies with I.C. 35-44.1-1-4 (as amended). The employee must obtain from the Law
Department the Uniform Conflict of Interest Disclosure Form. The form must be accepted by the
city board or entity awarding the contract or approving the purchase before final action on the
contract or purchase.
An employee has a "pecuniary interest" in a contract or purchase if the contract will result or is
intended to result in an ascertainable increase in the income or net worth of the employee or a
dependent ofthe employee. "Dependent"means any of the following: the spouse of the employee,
a child, stepchild, or adoptee of the employee who is unemancipated and less than 18 years of age;
and any individual more than 1/2 of whose support is provided during a year by the employee.
Employees should review I.C. 36-44.1-1-4 (as amended) in its entirety before proceeding with a
contract or purchase with the City.
VII.Drug and Alcohol Policy
The City of Jeffersonville prohibits any City employee from possessing, using,being under the
influence of, manufacturing, distributing, or dispensing alcohol or non-prescribed controlled
substances during working hours and at all times while on City property, in City vehicles, or
while conducting City business. There may be limited instances in social settings in which a
City employee may consume alcohol while conducting City business. Such City employee shall
use good judgment and abide by all applicable laws. As part of an effort to maintain the quality
of City services and to ensure that the City is a safe and healthy place to work, a drug and
alcohol testing program will be used to detect the use of illegal substances and misuse of alcohol,
and to ensure that employees with substance abuse problems are referred for appropriate
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professional help. The CDL drug testing program is covered under a separate, federally
mandated policy. For more information about drug and alcohol testing, refer to the City of
Jeffersonville Drug and Alcohol Policy.
The City of Jeffersonville will drug test all applicants who have been offered employment with
the City. All City employees will be subject to drug testing on the basis of reasonable suspicion
and after accidents/incidents in which there is a reason to suspect drugs or impairment may have
contributed to the incident occurring within the scope of this policy.
As a condition of employment, all City employees will be required to agree in writing to be
tested for drugs as outlined in the substance abuse policy which will be provided and explained
in detail by either the Safety Manager or Human Resources.
A. Pre-Employment Testing
Pre-employment drug testing will be required upon a conditional offer of employment. A positive
drug test will exclude the candidate from hire.
B. Post-Incident Testing
Any employee who has an accident or near miss during working hours (e.g., slipping, falling, car
accident, etc.), may be required to submit to post-incident drug and alcohol testing immediately
where the circumstances suggest that drugs, alcohol or impairment may have contributed to the
incident. Refusal to submit to this testing may result in disciplinary action, up to and includingtermination.
C. Random Testing
All employees may be subject to random drug testing. Such tests will be given without advance
notification.
Under the City's random selection process, drivers, employees in safety impact positions, Police
Department, and Fire Department personnel will be kept in separate random pools. Within each
pool, every employee will have an equal chance of being selected each time a selection is
conducted. This means that some covered employees may be randomly selected for testing more
than one time quarterly,while others may not be selected at all. Appropriate safeguards will ensure
that the identity of individual employees cannot be determined prior to or at the time of their
selection.
An employee who refuses to submit to a random test, who fails to report for the test as directed
within 45 minutes, who tests positive, or who intentionally obstructs the testing process will be
subject to disciplinary action as outlined in the City of Jeffersonville Drug and Alcohol Policy.
Those Individuals selected for a random test and who are on verified leave time will have that
particular test cancelled and will maintain their eligibility for the next random selection or upon
return from leave.
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D. Reasonable Suspicion Testing
Each employee will be required to submit to a drug and/or alcohol test whenever the City has
reasonable suspicion to believe the employee is impaired or has used drugs and/or alcohol in
violation of this policy.
Reasonable suspicion will exist when an employee's appearance, behavior, speech, or odor
indicates drug or alcohol use. Such indications must be personally observed and documented by
at least two City supervisors that have been trained in reasonable suspicion training.
VIII. Social Media
This policy governs employees' use of social media, including any Internet or other online tools,
to share profiles, information, photos, opinions, ideas, insights, or other content with others.
Content" includes, but is not necessarily limited to, writings, communications, photos and other
images, and every other conceivable means of expressing ideas or conveying information from
one person to another. "Social media" includes, but is not necessarily limited to, personal web
pages, message boards, weblogs ("blogs"), networks, communities and social networking
websites,such as Facebook,Myspace,Digg,Flickr,Instagram,Twitter,Topix,and LinkedIn. This
list is illustrative, not exhaustive; this policy applies to all forms of social media and electronic
networking, regardless of whether specifically listed herein. Likewise, this policy applies to all
social media activities of employees, regardless of where, when, or how conducted.
The City respects employees' right to use social media,provided such use does not conflict with
the City's legitimate interest in protecting its goodwill, competitiveness, and business reputation.
The City, therefore, expects employees to exercise good judgment when using social media and
prohibits employees from:
Posting or displaying content that violates any of the City's policies or procedures;
Posting or displaying the employee's own—or any other employee's—City e-mail address
or City telephone number, unless solely for City business and authorized by theDepartmentHead;
Accessing or using any social media during working time, except when done for CitybusinessandwiththewrittenpermissionoftheDepartmentHead;
Posting or displaying any of the City's trade secrets, intellectual property, or other
proprietary or Confidential Information (see "Confidential Information" policy), whether
in written,photographic, or any other form;
Posting or displaying content about the City, its employees, products, services, suppliers,
or customers that is knowingly and maliciously false, slanderous or libelous, or which
reasonably could be viewed as obscene,physically threatening or intimidating,
harassing, bullying or a violation of City policies prohibiting unlawful discrimination,
harassment, or retaliation (e.g., recklessly accusing a supplier's delivery person of being
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a thief,trying to harm another employee's reputation by falsely stating he/she is a
pedophile,threatening others with physical harm if they refuse to comply with somedemand, etc.); and
Providing—as a City representative—references or employment verification for current
or former employees (only the Human Resources Department may do this).
Employees engaging in social media activities are subject to all of the City's policies and
procedures, including, but not limited to the City's policies: (i) protecting the City's ConfidentialInformation (see "Confidential Information" policy); (ii) safeguarding City property; (iii)
prohibiting unlawful discrimination and harassment; and (iv) governing the use of the City'scomputer, telephone, and other electronic and communication equipment and systems. Please
make clear in any online activity that the views and opinions you express about work-related
matters are your own, have not been reviewed or approved by the City, and do not necessarily
represent the view and opinions of the City,its management,or other employees. If you comment
on the City or any competitor,please use your real name, identify your position with the City and,if you have a vested interest in the topic, make that clear. If you disagree with a current or
prospective client or customer's opinion or conduct, please be respectful and polite. Be honest
and accurate and, if you make a mistake, quickly correct it.
We are always interested in any publicly accessible online content regarding the City, favorable
or otherwise (e.g., customer reviews, news reports, competitors' comments, former employees'
criticisms,etc.). Such information can help us stay competitive,measure our success, and identify
areas for improvement. We would appreciate you bringing any City-related content to our
attention,but you are not required to do so.
The City has the right to—and from time-to-time will—monitor publicly accessible social media.
Although the City will not unlawfully access any material, employees cannot have any
expectation of privacy in anything posted or displayed on publicly accessible social media.
Any information created,transmitted, downloaded, exchanged, or discussed in publicly accessible
social media may be viewed by the City at any time without further notice. The City has the right
and ability to monitor or access anything posted, viewed, transmitted, downloaded or otherwise
communicated to, from, or on the Internet or any social media using City equipment or systems,
and employees' passwords will not prevent such monitoring and access. Employees are
personally responsible for the content they post or display in social media. Remember: Once you
post or display something online, it is no longer under your complete control, may not remain as
private" as you would like, and may exist forever, even if you attempt to remove or delete it.
Violations of this policy may result in disciplinary action up to and including termination of
employment. Nothing in this policy is, however, intended to prohibit you from disclosing anddiscussingyourownorotheremployees' personal information or terms and conditions of
employment—provided you did not come into possession of such information through
unauthorized access or access that you have only as a part of your formal duties for the City. If
you have any questions about this policy, you may contact the Human Resource Department or
the City Attorney.
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IX. Electronic Devices, Telephones and Voicemail
The City's telephone and voicemail systems exist solely for the purpose of furthering the City'sbusinessinterests. The City provides access to these systems solely to facilitate the performanceofwork. Information created, transmitted, received, or stored using these systems is the City'spropertyandisaccessibletotheCity. The City can, and will, monitor, access, retrieve, review,
copy and delete material created, transmitted, received, or stored using the City's telephone and
voicemail systems. Users cannot have any expectation of privacy in their use of these systems.
The phone and voicemail systems must not be used to aid,promote,support,or further the interestsofanyfund, cause or activity, any political candidate or party, or any entity, group or organizationotherthantheCity). The City may tolerate limited, purely personal use of the phone and
voicemail system to communicate regarding issues unrelated to work during non-working time.The phone and voicemail systems must not be used for any purpose other than performing workduringworkingtime, and users should instruct their friends, family, and acquaintances to refrainfromcontactingthemviatheCity's phone or voicemail system. Users who abuse the privilege oflimitedpersonaluseofthephoneorvoicemailsystemwillhavetheirprivilegetousethesesystems
restricted or eliminated, and may be disciplined or terminated.
Users are reminded to be courteous to other users of telephone and voicemail systems and to
conduct themselves in a professional manner. Keep in mind that telephone calls and voicemail are
sometimes misdirected or forwarded and may be heard by persons other than the intended
recipient. Users should treat such communications with no less care,judgment, and responsibilitythantheywoulduseiftheywerebeingquotedforthefrontpageofthelocalnewspaper. Users
also should use professional and courteous greetings on their voicemail.
Users must not intercept, eavesdrop on, retrieve, or listen to (or attempt to do any of these things)
any telephone call or voicemail that was not intended for them (in some cases it is a crime to do
so). If a call or voicemail is mistakenly directed to you, you should stop the call or stop listeningtothemessageassoonasyourecognizetheerror. You should then direct the caller, or forwardthemessage, to the intended recipient and then delete the message.
To avoid accidentally disclosing message contents to unauthorized listeners,users should not listen
to voicemail messages using the speaker phone feature.
For cost savings purposes, please follow these suggestions for long distance phone calls:
Use toll-free calling whenever possible(most suppliers have one);
Do not make unnecessary phone calls;
Have all necessary information in front of you before initiating a business call; and
Consider sending an e-mail instead of placing a call.
Unless otherwise instructed, you should routinely delete outdated and unnecessary voicemail.These deletions will help keep the system running smoothly and effectively, and reduce
maintenance costs.
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A. City Cell Phones
City cell phones are provided and authorized solely for the purpose of furthering the City'sbusinessinterestsbyfacilitatingtheperformanceofwork. Information created, transmitted,
received, or stored using such cell phones is the City's legitimate business interests. For the samereason, the City can and will access, retrieve, review, copy and delete anything created,transmitted, received, or stored using such cell phones. Users cannot have any expectation of
privacy in their use of such cell phones. Employees are reminded of the City's policy againstharassment, discrimination and retaliation in the use of City cell phones.
The telephone numbers associated with City cell phones are solely the City's property. If an
employee leaves the City's employment, the cell phone number associated with any such cell
phone previously used by the employee will not be transferred over to the departing employee forhisorherpersonaluse.
City cell phones should have passwords and other security measures established so as to protect
the City and its Confidential Information(see "Confidential Information"policy).
The City regularly reviews the monthly charges associated with cell phones with respect to which
the City pays any portion of the monthly service charge. Employees should be aware and monitordatausagetoensurethereisnooverage. Employees may be required to reimburse the City forinappropriate, excessive, or unapproved charges.
If an employee discovers that a City cell phone has been lost or stolen, it should be reportedimmediatelysothatservicecanbeimmediatelyturnedoffandthedatawipedclean. If the cell
phone has been lost or damaged, it should be reported immediately to the Information TechnologyDirectorsothatanewcellphonecanbeorderedasareplacement.
B. Use of Cellular Phones, Texting, and E-Mailing While Driving
Employees are prohibited from using any cellular phone while driving a City vehicle or whiledrivinganyothervehicleonCitybusiness. This prohibition does not apply to the use of"hands
free"cellular phones,provided such use can be lawfully and safely accomplished. Employees are
strictly prohibited—no exceptions—from "texting," accessing data and from sending or readinge-mail and other forms of electronic messages while driving a City vehicle or while driving anyothervehicleonCitybusiness.
C. Computer and Electronic Devices
The City provides computer and electronic device access to employees for City use. The
computers, tablets, I-pads and other dual devices as well as and all data contained therein are the
property of the City and employees should have no expectation of privacy regarding theinformationcontainedonthesystem. Denial of service caused by the installation of unauthorized
software that compromises an individual or network system, or virus infections that corrupt or
delete system software or data is a serious threat to company operations. Users shall refrain from
practices that tend to compromise the availability of computer systems or resources. Making
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amendments to computer hardware or software without authorization of IT may lead to
disciplinary action up to and including termination.
Confidentiality: City data and information stored on computer enterprise systems is considered
confidential. Access to City information involves both trust and responsibility. Users must ensure
that private and sensitive information is not disclosed to unauthorized individuals or organizations
that do not have a legitimate reason for access to the information.
Employment
I. Employment Status
Every employee will be placed in an employment category and classification. Such a designation
determines eligibility for benefits and serves certain other purposes. Categories used in these
policies include full-time employees, part-time employees and temporary employees. All
employees will be classified as either exempt or non-exempt from the overtime pay provisions of
state and federal law.
A. Categories
Employees are divided into the following categories:
a) Full-Time Employee—Full-time employees are employees who regularly are
scheduled to work at least 30 hours in a standard work week.
b) Part-Time Employee—Part-time employees are employees who regularly are
scheduled to work fewer than 30 hours in a standard work week.
c) Temporary Employees —A temporary employee is one who is hired with a specific
ending date for his/her position. Temporary employees are generally not eligible for
benefits, except those legally mandated.
d) Seasonal Employees—An employee hired for a limited period of time, not to exceed
26 weeks within a calendar year to provide work for seasonal needs of the City.
Seasonal employees are generally not eligible for benefits, except those legally
mandated.
B. Classifications
a) Exempt Employee—These are salaried employees whose salary and job duties meet
the criteria of one of the exemptions under the Fair Labor Standards Act ("FLSA")
and/or Indiana Code 22-2-2-3. Exempt employees are paid on a salary basis and are
not eligible for overtime pay.
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b) Non-Exempt Employee — These are employees whose job duties do not meet the
criteria of one of the exemptions under the FLSA or Indiana Code 22-2-2-3. Non-
exempt employees are paid on an hourly basis and are paid straight time for all time
worked up to 40 hours per week, and one and one-half times their regular rate for any
time worked in excess of 40 hours in a week, and as may otherwise be required by
applicable wage and hour laws. Non-exempt employees must record the number of
hours worked each week. Except as set forth in the employee's written job description
or as notified by the Human Resource Department, all City employees are designated
as non-exempt.
Temporary, seasonal, and part-time employees are not eligible for City benefits or holiday pay.
All employees must provide the Human Resources Department with their current address and
phone number. Changes in this information must be reported within five(5) days of an employee
changing his/her address or phone number. It is also the employee's responsibility to notify
Indiana Public Retirement System(INPRS formerly known as PERF) of any address changes.
II. Minimum Job Qualifications
It is the responsibility of employees to maintain the minimum qualifications of their position as
established by the Mayor or Department Head and/or mandated by State or Federal law. The
Department Heads shall be responsible for ensuring the qualifications and requirements for each
position in their department.
Employees failing to maintain the minimum qualifications of their position, or who do not
comply with state and federal requirements, may be subject to either termination of employment
or a reduction ofposition.
III. Hiring Procedures
The City is committed to recruiting and selecting qualified applicants to fill vacant positions. An
applicant must meet the minimum job qualifications for a position in order to be considered a
candidate. Qualification standards may include education and training,licenses and certifications,
work experience, and skills and abilities. All hiring shall be conducted in accordance with the
City's policy of equal employment opportunity to ensure open and fair competition for all
applicants.
In order to provide City employees with opportunities for growth and change, position openings
will generally be posted internally before or at the same time that external applicants are sought.
Openings will generally be posted in each department, where the posting can be seen by all
employees. However, the City is under no obligation to post all openings. Posting decisions will
be made by the Mayor, the Department Head, and the Department of Human Resources based
upon the nature of the position, the required qualifications, and other relevant considerations. All
applicants must meet the qualification standards for a position before they will be considered. The
posting process does not guarantee that a qualified internal applicant will be selected to fill a
position.
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Any material misstatement or omission on an application or resume or in the interview process
may result in disqualification of the applicant, or termination of the employee, if/when detected.
The City shall conduct interviews, reference/background checks, and other appropriate pre-
employment tests as necessary to identify the candidate best qualified for the position. All pre-
employment testing will be conducted in compliance with equal employment opportunity laws and
City policy. Former employees who seek re-employment with the City must follow the same
procedures as any other applicant.
IV. Employment of Minors
The City will adhere to all federal and state regulations pertaining to the employment of minors
i.e., employees under 18 years of age).
A. Work Permits
Minors under 18 years of age must obtain work permits to work for the City, in accordance with
the requirements set forth in Indiana Code § 20-33-3. Minors may obtain work permits through
the accredited high school or designee in the district in which they reside. The permit must be
completed and on file prior to the minor's employment start date.
B. Work Hour Restrictions
A minor's age limits the number of hours he/she may work in a day. For employees under 18
years of age, all work must be performed outside of school hours and subject to the timing
requirements set forth in Indiana Code § 20-3-3. Minors must comply with the maximum riumber
of hours they are permitted to work each day, including the start and ending times they will work
each day.
V. Immigration Law Compliance
The City is committed to employing only United States citizens and aliens who are authorized to
work in the United States. The City does not unlawfully discriminate on the basis of citizenship or
national origin.
In compliance with the Immigration Reform and Control Act of 1986, each new employee must
complete an Employment Eligibility Verification Form I-9 and present documentation establishing
identity and employment eligibility as a condition of employment. Former employees who are
rehired must also complete the form if they have not completed an I-9 with the City within the
past three years, or if their previous I-9 is no longer retained or valid.
Employees with questions on immigration law issues are encouraged to contact their manager or
Director of Human Resources. Employees may raise questions or complaints about immigration
law compliance without fear of reprisal.
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VI. Hours of Work
The City shall establish the standard workday, workweek, and starting and quitting times for each
department,taking into account current and anticipated workloads,public service needs, and other
factors.No established schedule shall be construed as a guarantee of work hours or as a restriction
on the City's right to restructure the workday or workweek.
The City is open for business Monday through Friday, 52 weeks a year unless there is a scheduled
holiday. Contact your Department Head for the hours of operation for your department.
The hours of work, including the workday, workweek, and work shift for all employees shall be
established by the Department Head and based on departmental needs of each City office ordepartment.
Subject to the discretion of the City, employees may be authorized to take break periods each full
working day. Such breaks shall not interfere with the proper performance of the employee's work
responsibilities,will be set by the Department Head, and are subject to change.
Operational needs and/or emergencies, however, may necessitate the establishment of other work
hours, days, or weeks on a temporary or permanent basis.
A. Timekeeping
Every employee is responsible for the accurate reporting of time worked and leave taken/used.
Every employee who is eligible to earn overtime pay is required to report his/her time worked.
The City must have an accurate record of time worked in order to calculate employee pay andbenefits.
Non-exempt must accurately punch in at an in-touch terminal (time clock) or log-in(at desktop)
the time they begin and end their work. All employees who log-in(at desktop) will be required
to also accurately record the beginning and ending time of each meal period. They must also
record the beginning and ending time of any split shift or departure from work for personal
reasons.
An employee who fails to punch in or out will be considered either tardy or absent up to the
point where his/her presence can be verified by a supervisor or other documentation The
employee shall not be paid for any time that cannot be verified.
It is each employee's responsibility to ensure the accuracy of all his/her time. Supervisors or
designee are responsible for reviewing their employee's time records (in the form of a time clock
report). It is the supervisor's responsibility to ensure that time sheets/cards reflect the"actual"
hours worked.
Any employee who believes that an improper deduction has been made should notify and request
an adjustment to the Human Resources Department or Payroll. All reports of improper
deductions will be promptly investigated. If it is determined that an improper deduction has
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occurred, the employee shall be promptly reimbursed for the full amount of the improper
deduction.
Each employee is responsible for entering his/her own starting/in and ending/out time in the time
clock and shall not enter time for another employee. Entering time for another employee is
considered fraud and may result in discipline up to and including termination of employment for
the employee entering the time as well as the employee receiving the entry of the time.
Altering, falsifying, and/or tampering with time records, or entering or recording time on another
employee's time record, or failing to record time worked may result in disciplinary action up toandincludingterminationofemployment. Information and data contained in time records and
devices may be used in support of disciplinary action.
B. Attendance and Tardiness
Each employee is crucial to the successful completion of the City's daily business. Absenteeism
and tardiness place an undue burden on co-workers and may cause a disruption of services to the
public. Therefore, each employee is expected to be on time and fully prepared to work each and
every day he/she is scheduled to work. Any employee unable to report for work at the scheduled
starting time shall notify his/her supervisor as soon as possible, but always prior to the start of the
scheduled shift (except in emergency cases, wherein such notice shall be provided as soon as
possible). Failure to do so may result in disciplinary action, up to and including immediatetermination.
An excused absence is an absence that is authorized in advance or meets the notification guidelines
determined by the department. Failure to report to work without appropriate notification and/or
satisfactory explanation will count as an unexcused absence. Unexcused absences will be unpaid
and may result in disciplinary action, up to and including immediate termination.
Late arrival on a regular basis is not acceptable and will not be tolerated. Late arrival is defined as
any situation where an employee reports to work after his/her scheduled starting time. Whenever
a covered, non-exempt employee is late, that employee may be subject to a reduction in paycorrespondingtotheamountoftimehe/she was late, unless he/she provides to the supervisor a
written reason for being late which is deemed acceptable by the supervisor. In addition, that
employee may be subject to appropriate disciplinary action, unless he/she provides to the
supervisor a written reason for being late which is deemed acceptable by the supervisor. An
unauthorized early departure will also be treated as a tardy.
Supervisors will monitor employee absences, both excused and unexcused, and tardiness. At the
supervisor's discretion,disciplinary action may be initiated for excessive absenteeism or tardiness,
or patterns that indicate abuse of the City's time-off policies. The Department Head will review
all relevant circumstances to determine appropriate disciplinary action. A history or pattern of
tardiness or excessive absence may be reflected in an employee's performance evaluations and/orpayincreases.
It will be necessary to have prior approval from the Department Head or designee to work hours
outside of an employee's designated shift is required.
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C. Nursing Mothers
Nursing mothers at the City of Jeffersonville shall be provided access, upon request, to a privateroomforexpressingbreastmilk, and to cold storage for the milk. See Human Resources fordetails.
The time spent expressing milk shall be paid to the extent that it does not exceed 15 minutes in the
morning and 15 minutes again in the afternoon, which time may be combined for a maximum halfhourperday. If the employee's department regularly allows breaks during the day, the time spent
expressing milk shall run concurrently with the break (i.e., milk should be expressed during thebreak, not in addition to the break).
VII. Personnel File
Each City employee shall have a personnel file maintained in the Human Resources Department,
which contains information necessary to make employment-related decisions that comply withlegalrequirements. A centralized records management system allows the City to establish and
maintain a uniform, complete, and accessible employment record on each City employee and todevelopclearandefficientproceduresforprocessingallemployeetransactions. These files arethepropertyoftheCity. In addition, the City controls access to employee information that isdefinedasconfidentialunderlaw.
A. Access to Files
Employees may view their personnel files at the office of the Human Resources Department uponrequest. Employees may also give written authorization for their representative to view their files.
Supervisors are allowed to view the files of personnel who work under their supervision or thosewhohaveappliedforapositionundertheirsupervision. Other access to personnel files is governedbyapplicablelaw, and all such requests must be made to the Department of Human Resources.
Personnel files shall be viewed under general supervision, and personnel files shall not be removedfromtheHumanResourcesDepartment. Copies may be made by the City at the request and the
expense of the employee, his/her representative, or any other person authorized to view a filepursuanttotheCitypolicyandIndianaCode5-14-3 and 5-14-4.
B. Verification of Employment and Reference Checks
All written requests for employment verification shall be directed to the Human ResourceDepartmentwhowillensuretheappropriatenessoftherequestandtheaccuracyoftheinformationprovided. Reference checks for former employees shall also be forwarded to the Human ResourceDepartment, who will provide appropriate information or designate a Department Head to providesuchinformation.
C. Public Information in Employee Personnel Files
The following information in an employee's personnel file is public information: An employee's
name, compensation,job title, business address and telephone number,job description, education
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and training background, previous work experience, first and last dates of employment,
information relating to the status of any formal charges against the employee, and information
concerning disciplinary actions in which final action has been taken and that resulted in the
employee being disciplined or terminated. Generally, all other employee information is
confidential and shall not be disseminated without first confirming the appropriateness of such
with the City Attorney.
VIII. Training
Employees are responsible for maintaining and upgrading job skills. Each individual
administrator, supervisor, and employee bears primary responsibility for maintaining individual
knowledge, skills, and abilities necessary to perform the job and for upgrading skills necessary to
meet technological change or to seek promotion. The City will facilitate those efforts and provide
training periodically.
An employee may pursue independent study or training but may not obligate the City to pay
expenses or compensation without specific advance permission. Employees may be required to
attend job-related training programs, courses, workshops, seminars, etc. If the Department Head
assigns the employee to attend such training, or approves a specific request from an employee to
attend such training, the City may pay the expense incurred.
IX. Demotion
A demotion may occur for one of four reasons: (1) an employee's inadequate or unacceptable job
performance; (2) an employee's request for a job move that results in a demotion; (3) the City
makes a change that results in an employee being demoted, such as,but not limited to, changes in
job content or departmental structure (in this case, the demotion is not related to an employee's
job performance); and (4) at the discretion of the Department Head.
When the demotion is the result of one of the above-mentioned reasons, the employee's
salary/wage may be affected. The employee's Department Head and/or the Director of Human
Resources will notify and discuss the change with the employee.
A temporary assignment to a lower level position which is based upon operational needs is not
considered a demotion.
X. Performance Evaluations
The Mayor and Department Heads reserve the right to evaluate the performance of employees
within their departments at regular intervals or when deemed necessary.
The intent of performance evaluations is to determine whether an employee is maintaining an
acceptable level of performance, and it serves as an instrument to correct employee deficiencies in
performance. Although the specific intent of this policy is not to use performance evaluations for
the sole purpose of disciplining employees, performance evaluations may be used as a basis for
corrective action and may be used as a basis for disciplinary action if the employee repeatedly fails
to maintain an acceptable level ofperformance.
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Each employee may be evaluated by his/her supervisor at least once every twelve (12) months.
XI. Corrective Action
All employees are expected to perform their duties in a competent, efficient, and professionalmanner. Further, employees are required to act courteously and cooperatively with their fellow
employees,customers,supervisors,and the public. When an employee's conduct falls below these
standards, disciplinary action may be warranted. To the extent that off-duty conduct affects an
employee's fitness for his/herjob,impacts an employee's ability to perform the essential functions
of the job or ability to interact with co-workers, or reflects poorly on the City, such conduct maybesubjecttodisciplinaryaction, as permitted by law.
Any of the offenses listed below may be sufficiently serious to warrant immediate termination.
For these or any other infractions, supervisors and Department Heads shall administer appropriatediscipline, which may include any or all of the following: coaching/counseling, verbal warning,written notice,suspension,demotion,or termination.The City's use of different levels ofdisciplinedoesnotaltertheCity's policy of employment at will and the City is not required to use progressive
discipline. The City may terminate an individual's employment, or the individual may terminatehis/her own employment, with or without cause and with or without notice, at any time.
A. Disciplinary Offenses
This list is not intended to be an exhaustive list.
Falsifying time sheet or work records
Misuse,unauthorized reproduction, or removal of City records or documents
Insubordination
Unauthorized work hours
Profane, vulgar, or abusive language
Harassment or discrimination
Failure to report an occupational injury
Failure to follow established work procedures
Unauthorized use or removal of City property
Negligent or willful destruction of City property or malicious damage to City
property
Use or possession of illegal drugs or alcohol on the job
Unlawful possession or use of firearms or explosives
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Fighting on City time or on City property
Threatening or doing bodily harm to a co-worker or a member of the public
Bullying, intimidating, or otherwise creating a hostile work environment
Lewd or indecent behavior
Absenteeism, tardiness, or failure to report absence properly or in a timely manner
Leaving work station during regular working hours without permission
Inappropriate use of City telephones (including voice mail) or computer systems
including email) and equipment
Smoking in prohibited areas
Sleeping on the job
Violations of safety rules
Unlawful gambling on City property
Disclosure of Confidential Information(see"Confidential Information"policy)
Unsatisfactory job performance
Failure to comply with City or department policies, rules, regulations, or
applicable law
XII.Resignation
In the event that an employee intends to resign, he/she should notify his/her Elected Official or
Department Head, as appropriate, in writing at least two (2) weeks in advance of the effective
date in order to assure continuity of operations. Once notice has been given it is expected that
the employee work those last two weeks unless the City requests that the final day be sooner.
XIII. Re-Employment Policy
It is the goal of The City of Jeffersonville to recruit quality employees; therefore, consideration for
previous service will be given to former employees. Former employees of The City ofJeffersonvilleshallreceivespecialconsiderationsprovidedtheymeetthefollowingcriteria:
1. Former employee's previous employment record is satisfactory and he/she was
eligible for rehire at the time of separation.
2. Former employee's qualifications are at least equal to those of other candidates.
3. Former employee's qualifications meet the minimum standards for the job.
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Any former employee rehired to a full-time status within 30 days ofseparation will have all benefit
and departmental accruals reinstated at the same level as before his or her separation. Rate of pay
will be commensurate with the level ofthe position and may differ from the rate of pay at time of
separation. Any grandfather longevity benefit is lost at time of separation regardless of the length
ofthe reinstatement period.
Any full-time employee rehired after 30 days will be processed as a new hire. Department
seniority, vacation and PTO time accrual will not be reinstated and will start at the rate of a new
employee.
If former full-time employee is rehired in a part-time or seasonal status, all benefits and accruals
are forfeited at time of rehire unless the employee is transferred to a full-time position within 30
days from date of last separation.
This policy is not retroactive.No provision of this policy shall permit a current employee to receive
credit for the prior service which has not already been given.
XIV. Employee Exit Process
An employee who separates from the City, for whatever reason, will be asked to meet with a
representative of the Human Resources Department on or before the last day of employment. The
exit interview is designed to provide for the uniform treatment of departing employees. The exit
process serves as an opportunity to advise employees of their rights and eligibility for benefits,
collect City property, identify and resolve management concerns, and serve as a means to collect
data and obtain data on separations as a basis for analyzing trends in turnover.
The official date of separation is the last day actually worked. Benefits are calculated up to and
including that date. If the employee is on leave when a resignation is tendered or an employee is
involuntarily terminated, the effective date will be the date the City is notified of the intent to
resign or the date of the termination. In no circumstance will the employment be extended by using
paid or unpaid time off.
XV.Professional Appearance
Dress, grooming, and personal cleanliness standards contribute to the morale of all employees and
affect the business image the City presents to the public. During business hours or when
representing the City, employees are expected to present a clean, neat, and professional
appearance. Employees should dress and groom themselves accordingly and to the requirements
of the position and accepted social standards. Generally, employees should strive for a neat and
business-like appearance on the job. When in doubt an employee should ask his/her supervisor in
advance to determine the appropriateness.
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An employee who reports to work inappropriately attired or groomed will be sent home anddirectedtoreturnincompliancewithdepartmentalstandards. Under such circumstances the
employee will not be compensated for the time away from work.
Each department may establish its own dress code/guidelines, consistent with the unique businessneedsandactivitiesofthedepartment. Such guidelines shall be written and distributed to all
members of the department, and may include standards for hygiene, hair, jewelry, body art,footwear, as well as specific clothing. Employees in positions requiring safety apparel areobligatedtofollowallinstructionsandrequirementsforuseofspecialapparelandotherpersonal
protective equipment. Employees believing that they may require an accommodation of the dress
code/guidelines due to disability or religious beliefs should contact the Human ResourcesDepartment.
XVI. Uniform Allowance
Some employees are provided uniforms, which must be worn while on duty. Uniforms providedbytheCityshallbetaxedaccordingtoIRSregulations. (If a uniform is considered by the IRS tobe `adaptable' to street wear, it will be considered a taxable fringe benefit and taxed accordingly).
Some employees may receive a uniform allowance for purchasing uniforms and will be taxedaccordingtoIRSregulations.
XVII. Outside Employment
Employment"conflicts"as set forth in this policy arise when a second job impairs the employee'sabilitytoperformthedutiesofhis/her position.
Full-time employment by the City shall be considered the employee's primary occupation, takingprecedenceoverallotheroccupations. Outside employment, or moonlighting, shall be a concern
to the Department Head only if it adversely affects the job performance of the employee's Cityjob.
If the employee's outside employment adversely affects the employee's job performance, is a
conflict ofinterest or otherwise interferes with the business of the City,it is within the Department
Head's discretion to discipline or discharge the employee in a manner that is otherwise consistentwiththepoliciessetforthinthisPolicyManual.
XVIII. Pay
A. Payroll
Payroll is paid on a weekly or semi-monthly basis.All required deductions will be made accordingtothelaw. The hours worked will be provided to payroll through the City's timekeeping system.If an employee believes that he or she has not received proper pay or an improper deduction hasbeenmade, the employee should immediately contact his or her direct manager and the Human
Resources Department to allow an investigation. Any appropriate corrections will be made in the
next pay period.
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B. 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.
Straight time will be paid to hourly non-exempt 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.
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.
Employees 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 Fair Labor
Standards Act(FLSA)and paid accordingly. Eligibility for overtime shall be based upon all hoursin"active pay status."
Employees cannot be required to arrive early, stay after a scheduled shift, or use their unpaid meal
time to perform work related activities without being compensated for the additional time.
Employees must have prior approval of their supervisor before working overtime, except in an
emergency. Unauthorized overtime work may lead to disciplinary action, up to and includingimmediatetermination. In calculating overtime compensation for employees,the City shall always
comply with the provisions of the FLSA. Certain positions in management are exempt from the
overtime provisions of FLSA.
The City will comply with FLSA and Indiana Wage and Hour Laws.
C. Overtime Provisions While in Travel Status
For nonexempt employees' attendance at seminars, conferences, or other off site work meetings,
the travel time will start and end from the usual work place or residence of the employee,
whichever is closer to the travel destination. If the travel time extends beyond normal work hours,
any nonexempt employee is eligible for compensation for the additional hours. If an employee is
required to report to the office at the start of the work day, then all travel time thereafter is
compensable unless there is an overnight stay.
If meals and other events were included as part of the lecture, training, conference, seminar, etc.
a nonexempt employees would be compensated for allotted time spent participating. However, if
the event involves evening or social events that are optional or voluntary then the time is not
compensable. If the attendee were on his/her own for lunch or dinner, time spent would not be
compensable. Meal periods while traveling during which employees are relieved of all duties and
are free to eat are not compensable. Time spent traveling to the airport is normally non-
compensable unless the employee has already commuted to work for the day or is traveling to theairportfromtheofficeorfromhomeafteraday's work.
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Time spent in a hotel and otherwise free of duties is not compensable working time.
For overnight travel to attend a meeting, the full work-related agenda period would be considered
work time. This includes meal times that are imbedded within the meeting such as lunch time or
required "working breakfast or lunches" where business is being conducted. If breakfast were
available before the start of business agenda, the breakfast time would not be considered work
time. Ifa lunch,dinner,or after meeting activity is primarily of a social nature and not mandatory,
it would be considered work time. Meeting preparation and support activities taking place outside
of the normal trip agenda would be considered work time.
An employee may be reimbursed for mileage at the federal government mileage rate for the use of
privately owned automobiles for official business. However, such reimbursement may be made
only if the employee carries motor vehicle liability insurance as required by law, demonstrates
proof of such when requested, and maintains a valid driver's license.
An employee must file all receipts on a designated claim form.The employee must state the origin
and destination of each trip in sufficient detail to account for the mileage claimed. No
reimbursements are payable for travel between home and office. Travel expense reports, which
include travel expenses, incurred more than thirty (30) days before the voucher date must be
accompanied by a letter of explanation detailing the reason. Charges for parking are reimbursable
on any day when an employee is entitled to claim reimbursement for mileage.
Personal expenses incurred in traveling are not reimbursable,including but not limited to,personal
telephone calls, laundry, entertainment, and alcoholic beverages.
D. On Call Pay
Animal Shelter,Engineering, and Wastewater positions designated by their respective Department
Heads are required to be on call and to provide regular services after normal working/scheduled
hours. For purposes of this policy, "on—call" shall refer to time required of an employee to be
accessible by phone and available to report to work as required within 30 minutes of contact for
work outside of regularly scheduled work hours.
Hourly 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 per pay week for the primary on call and
50.00 per pay week for the secondary on call. The on call pay will be paid per pay week,
regardless of whether or not the on call hourly employee is called out.
If an hourly employee is called out while on call,he/she shall be paid a minimum of two (2)hours
or the total hours worked, whichever is the greater.
For additional information, please refer to the City's On-Call Ordinance.
E. Fair Labor Standards Act and Exempt Employees
It is the City's policy to comply with the requirements of the FLSA. Therefore, as stated above,
the City prohibits all managers from making any improper deductions from the salaries of exempt
employees. The City does not allow deductions that violate the FLSA. If an exempt employee
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believes that there has been an improper deduction made, the employee should immediatelycontacthisorherdirectmanagerandtheHumanResourcesDepartmentwhowillmakeanyappropriatecorrectionsonthenextpayperiod.
F. Garnishments
A court ordered legal claim against the wages of an employee by a creditor for nonpayment of adebtbylegalauthorityisagarnishmentandshallberecognizedandexecutedbytheCity. Whenagarnishmentisreceivedforanemployee, the Finance Department will notify the employee.
XIX. Health/Safety & Risk Management
A. Office of Health, Safety, and Risk Management
The Safety Department is located within the Department of Human Resources. The office
responsibilities include the overall management of risk to the City and its employees; included inthismissionisthemanagementofHealthandSafetyprograms. In order to achieve this mission,
the office will work with all City Department Heads,partners and other stakeholders.
The Safety Department is directly responsible for formulating comprehensive City wide policiestoenhanceandensurethesafeandhealthyworkingenvironmentforallCityemployees. The
office also handles all Commercial Driver's license requirements and Workers' Compensation
issues. This office will also serve in an advisory capacity to the City Executives as needed in ordertoidentifyandmanageallformsofrisk.
B. Occupational Safety and Health
In accordance with the Occupational Safety and Health Act of 1970 (OSHA) and the IndianaOccupationalSafetyandHealthAct(IOSHA), the City of Jeffersonville has established that as a
matter of policy, a safe and healthful workplace shall be provided for all employees. The MayorhastheultimateresponsibilityandauthorityforcompliancewiththefederalandstatelawspertainingtoOccupationalSafetyandHealth.
Compliance with safety and health rules and practices are a condition of employment. Department
Heads, managers, supervisors, and the Safety Manager are responsible for implementation and
enforcement of the safety,health, and risk management policies.
Each employee shall work in a safe manner and conduct his/her duties and responsibilities inaccordancewithCitypolicies
Any incidents, hazards, or unsafe conditions of equipment are to be reported to a supervisor or a
manager to be corrected. The Safety Manager has been designated the central point of contact for
OSHA/IOSHA issues. He/she will be responsible directly to the Director of Human Resources for
implementation ofthe OSHA/IOSHA safety programs and standards. Nothing in this appointment
shall reduce the responsibility or authority of Department Heads, Managers, and/or SupervisorsfromtheeffectiveandongoingperformanceofOSHA/IOSHA requirements.
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The City's compliance with applicable safety and health regulations, standards, and laws, such as
those set forth by OSHA/IOSHA, shall be monitored, documented, reviewed, and enforced by theOfficeofSafetyManagement. All Department Heads, managers, and supervisors are responsible
for ensuring that the safety and health policies set forth by the City, State of Indiana, and other
applicable agencies are implemented and enforced. The Office of Safety Management is
authorized to establish such administrative and record-keeping procedures as may be necessary to
effectively evaluate and respond to the safety and health of City work places and safe workingstandardsandtraining, which involves all City employees regarding effective compliance with
OSHA/IOSHA.
XX.Workers' Compensation
All employees, except those who expressly opt out, are covered under the workers' compensation
laws of the State of Indiana for most job related injuries or illnesses that occur during the course
of employment. Workers' Compensation benefits include payment of medical expenses and
income replacement (except positions covered by Collective Bargaining Agreements) if theemployeeisunabletowork.
All work-related injuries and illnesses for which treatment is necessary shall be recorded on the
First Report of Injury/Illness form and submitted to the Safety Manager within one (1) business
day of the injury/illness or when the employee becomes aware of the injury or illness.
The City has the right to direct the treatment of work related injuries. Initial treatment must be
provided by the City's designated facility. In the event of an emergency, the employee should be
seen at the nearest emergency room. An employee who chooses to obtain treatment for a work
related injury or illness from his/her own personal physician, or other provider,will not be eligible
from the City's health plan or from the City's workers' compensation plan.
The City is not responsible for accidents or injuries suffered by employees while on City premises
unless the employee is acting within the scope of his/her employment,or at the directions ofhis/her
supervisor, and is conducting City business. Additionally, attendance at City-sponsored events is
voluntary and is not covered by workers' compensation insurance.
Workers' compensation eligibility and benefits are determined by state law and by the
vendor contract as approved by the Board of Public Works and Safety.
XXI. Family Medical Leave
Family and Medical Leave Act("FMLA")Leave: The City complies with the Family and MedicalLeaveActof1993, as amended (FMLA). Some state and local governments have enacted laws
similar to the FMLA. Facilities located in areas subject to such laws will also comply with suchlaws. Contact Human Resources with any questions or for more information..
A. Responsibilities
The City's Human Resources Department is responsible for maintenance and administration of
this policy. This includes responsibility for receiving employees' FMLA requests, providing
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employees with the appropriate (and up-to-date) notices and forms, and responding to basic
questions regarding this policy. The Human Resources Department is also responsible for
ensuring that a copy of the most recent version of this policy is provided to each employee hired
on or after the date of its implementation.
B. Policy
The FMLA provides eligible employees the opportunity to take unpaid, job-protected leave for
certain specified reasons. Any employee who has questions about this policy should contact the
Human Resource Department for guidance.
The City will not interfere with, restrain, or deny an eligible employee's use of FMLA leave. No
employee will be retaliated or discriminated against for exercising his/her FMLA rights. Any
employee who believes he/she has experienced or witnessed any such retaliation or discrimination
should immediately report it to his/her manager or the Human Resources Department.
Qualifying Reason for FMLA Leave: Eligible employees may take up to 12 weeks (cumulative)
of unpaid FMLA leave per year for any of the following reasons:
1) For incapacity due to pregnancy, prenatal medical care, or child birth (up to 12
weeks);
2) To care for the employee's child following birth, or following placement of a child
with the employee for adoption or foster care (up to 12 weeks, during the 12 months
following the birth, placement, or adoption);
3)To care for an immediate family member(i.e., employee's spouse,child,or parent)
with a serious health condition(up to 12 weeks);
4) For the employee's own serious health condition that makes the employee unable
to perform his/her job (up to 12 weeks);
5)Qualifying Exigency Leave" to address certain qualifying exigencies arising out
of the employee's spouse, son, daughter, or parent's covered active duty, or receipt of
notice of an impending call or order to covered active duty in the Armed Forces (up to 12
weeks); or
6) "Military Caregiver Leave" to care for a covered service member with a serious
injury or illness related to certain types of military service (up to 26 weeks per year maybetakenforthispurpose).
The maximum amount of leave that may be taken in any 12-month period—for all reasons
combined—is 12 weeks, with one exception. For leave to care for a covered service member, the
maximum combined leave entitlement is 26 weeks, with leaves for all other reasons constituting
no more than 12 of those 26 weeks.
The City measures the 12-month period in which leave is taken by the"rolling" 12-month method,
measured backward from the date of any FMLA leave, with one exception. For leave to care for
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a covered service member, the City calculates the 12-month period beginning on the first day the
eligible employee takes FMLA leave to care for a covered service member and ends 12 months
after that date. FMLA leave for the birth or placement of a child for adoption or foster care must
be concluded within 12 months of the birth or placement.
Employee Eligibility: To be eligible for FMLA leave, an employee must meet all of the following
criteria:
1) Have worked at least 12 months for the City in the preceding seven (7) years (limited
exceptions apply to this requirement);
2) Have worked at least 1,250 hours for the City during the preceding 12 months; and
3) Currently work at a location where there are at least 50 City employees working within 75
miles.
If you do not meet all of these criteria, you are not eligible for FMLA leave.
Relationship to Paid Leave: FMLA leave is generally unpaid. The City requires, however, that
employees use any available paid leave (such as PTO or Vacation) concurrently with the FMLA
leave. Workers compensation leave will also run concurrently for qualifying injuries or illnesses.
Once an employee has exhausted all available paid leave, any remaining period of FMLA leave
shall be unpaid.
1) Exception: Leave pursuant to a disability plan (e.g., short term disability or workers
compensation leave) is considered paid leave. Leave that is covered by a disability plan will be
designated as FMLA leave and the two shall run concurrently until the disability plan leave ends
or the employee's FMLA leave is exhausted, whichever comes first. Employees will not be
required or allowed to use any available paid leave (e.g., PTO / Vacation) during any period of
disability plan leave.
2) Holidays: Eligibility for holiday pay will be determined according to the same rules
applicable to employees who are absent(with excuse)for any other reason on or immediately prior
to or following a holiday. Any holiday that occurs during a week which is designated as FMLA
leave will be counted against the employee's available FMLA leave. If,however, an employee is
using FMLA leave intermittently, a holiday will be counted as FMLA leave only if the employee
was scheduled and expected to work during the holiday.
Maintenance of Benefits: Except as many otherwise be required or permitted by law, if you and/or
your family participate in the City's benefits plans (e.g., medical, dental, life, or disabilityinsuranceplans), the City will continue paying its portion (if any) of the premiums for such plans
during your FMLA leave on the same terms as if you had continued working. You, however, are
responsible for continuing to pay your portion (if any) of the applicable premiums as though you
were actively working (and for making any such arrangements). Failure to pay your premium
contributions when and as required may result in cancellation of your benefit coverage. In some
circumstances, they may agree to pay an employee's share of such premiums during the
employee's FMLA absence. In such cases, those premium payments may (to the extent allowed
by law)be deducted from the employee's first paycheck following the employee's return to work
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and from subsequent paychecks ifnecessary). In the event the employee does not return to work,
the premium payments may(to the extent allowed by law)be deducted from the employee's final
pay check. The employee shall owe a legally collectible debt to the City for any portion of such
premium payments that cannot be deducted from the employee's paychecks. In some instances,
the City may recover premiums it paid to maintain health coverage or other benefits for you and
your family.
Notice and Medical Certification: Employees seeking FMLA leave must comply with the
following requirements:
You must provide the City's Human Resources Department sufficient information for us
to determine whether the requested leave may qualify for FMLA protection and the anticipated
timing and duration of the leave. Sufficient information may include that you are unable to
perform job functions, a family member is unable to perform daily activities, the need for
hospitalization or continuing treatment by a health care provider, or circumstances supporting the
need for military family leave. You must also inform the City's Human Resources Department if
the requested leave is for a reason for which FMLA leave was previously taken or certified.
If the need for leave is foreseeable, you must provide this information to your Human
Resources Department at least thirty(30) days in advance of the anticipated beginning date ofthe
leave. If the need for leave is not foreseeable, you must (absent unusual circumstances) provide
this information to the Human Resource Department as soon as is practicable and in compliance
with the City's normal call-in procedures (this typically means that you must notify your
supervisor, manager, or Human Resources Department by telephone or e-mail as soon as
practicable). When giving notice of your need for FMLA leave, you should request the FMLA
application forms from your Human Resources Department.
You must provide your Human Resources Department with a medical certification
supporting the need for leave due to a serious health condition affecting you or an immediate
family member. The City will give you a medical certification form (Form WH-380-E,WH-380-
F,WH-384 or WH-385, depending on the type of leave requested). You and your(or your family
member's) health care provider must complete the form and return it to the Human Resource
Department within 15 calendar days of the City's request for certification(additional time may be
permitted in some circumstances). Second or third medical opinions and periodic re-certifications
may also be required. If you fail to provide a required certification or re-certification, the City
may delay the commencement of your leave, withdraw any designation of FMLA leave, or denytheleave, in which case your absence from work would be treated as unexcused and could result
in corrective action or termination of employment.
If the City determines that an employee's leave will be designated as FMLA-protected, the
City will notify the employee of such designation(using Form WH-382 or its equivalent) and will,
to the extent possible, state the amount of leave that will be counted against the employee's FMLA
leave entitlement. If the City determines that the requested leave is not FMLA-protected,the City
will notify the employee of such determination.
If requested,you must provide periodic reports to the Human Resources Department during
the leave regarding your status and your intent to return to work.
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If you need an extension of the leave beyond the originally projected return-to-work date,
you must notify the Human Resources Department as far in advance as possible and must receive
the necessary approval.
You must provide the Human Resources Department with a medical certification of fitness
for duty prior to returning to work (if the leave was for your own serious health condition). The
City requires such certification to assess whether you can perform the essential functions of your
position with or without reasonable accommodation.
Failure to comply with the foregoing requirements—in whole or in part—may result in delay or
denial of leave or disciplinary action, up to and including termination.
Job Restoration: Except as otherwise provided by law,upon returning from FMLA leave, eligible
employees will be restored to their original job or to an equivalent job with equivalent pay,
benefits, and other terms and conditions of employment. Restoration may not be possible if, for
example, the employee's position has been eliminated. Additionally, certain key employees may
not be entitled to job restoration under certain conditions. If you are a key employee, you will be
notified of such status. Use of FMLA leave will not affect the calculation of an employee's
seniority or years of service.
Failure to Return After FMLA Leave: Any employee who fails to return to work as scheduled
after FMLA leave or exceeds the 12-week FMLA entitlement(or in the case of military caregiver
leave, the 26-week FMLA entitlement), will be subject to the City's standard leave of absence,
attendance, and corrective action policies. This may result in termination if you have no other
City-provided leave available to you that applies to your continued absence. Likewise, following
the conclusion of your FMLA leave, the City's obligation to maintain your group health plan
benefits ends (subject to any applicable COBRA rights).
Other Employment: The City prohibits employees from other employment during any period of
FMLA leave. Violation of this prohibition may result in disciplinary action or termination of
employment.
Consequences of Abuse or Non-Compliance: Employees may be subject to corrective action or
termination for:
Failing to return to work as scheduled following the end of an approved
FMLA leave period;
Providing false or misleading information, or omitting information, in
connection with an FMLA request or FMLA leave period;
Violation of any ofthe City's rules and regulations relating to leave; or
Violation of any City policy or performance standard.
Employees' FMLA Enforcement Rights: It is unlawful for any employer to interfere with,restrain,
or deny the exercise of any right provided under the FMLA, or to terminate or discriminate against
any person for opposing any practice made unlawful by FMLA or for involvement in any
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proceeding under or relating to FMLA. While the City encourages employees to bring any
concerns or complaints about compliance with the FMLA to the attention of the Human Resources
Department, employees also have the right to file a complaint with the U.S. Department of Labor
or to bring a private lawsuit for violations of this law. The FMLA does not affect any federal or
state law prohibiting discrimination or supersede any state or local law or collective bargaining
agreement which provides greater family or medical leave rights. Unless otherwise required by
law, any leave taken pursuant to a state or local law similar to the FMLA (including the FMLA's
military"provisions) shall run concurrently with FMLA leave.
XXII. Take Home Vehicles
Some employees are provided City vehicles. No take home vehicle shall be used for personal use,
but there is an understanding that de minimis use is approved for employees with a take home
vehicle.
Employees of the City who are assigned a City vehicle are subject to Internal Revenue Service
rulings regarding such usage. The use of such a vehicle for commuting is considered by the IRS
to be a taxable benefit. A value must be established and the total annual amount reported to the
IRS on each employee's W-2 Form.
XXIII. City Property, Equipment, and Vehicles
Employees are prohibited from using and loaning City vehicles, materials, tools, equipment, and
labor for personal or private use, regardless ofwhether it is during work or non-work time.
Employees may not expend labor during scheduled work hours for work not related to City
business. This prohibits any employee from performing private work for himself/herself, another
employee, or a non-employee.
XXIV. Solicitation and Distribution
Solicitation of any person to join,support,or contribute to any fund,organization,cause,or activity
is prohibited during times when either the person being solicited or the person doing the soliciting
is on working time. Distribution of literature is prohibited during working time and is prohibited
in work areas at all times. Except as may otherwise be provided by law, solicitation and
distribution by non-employees is prohibited on the City's property at all times.
For purposes of this policy, working time does not include break periods, meal periods, or other
times when employees are not expected to be performing their job duties. Work areas are those
areas where the City's business activities are conducted. These include all work areas, service
areas,storage areas,and office areas. Work areas do not include break areas or parking lots,except
when work is being performed in such areas. This policy shall not be construed or applied to
interfere with or restrict any party's rights under Section 7 of the NLRA in any matter.
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XX-VV. Confidential Information
In the course of employment with the City of Jeffersonville, an employee may have access to
information which is confidential including, but not limited to, information about new City
projects, accounting records, personnel records, the community, and their families. An employee
shall not use, disclose, or divulge the confidential information to any third party without prior
authorization.
The unauthorized removal, duplication, or disclosure of municipal records is forbidden. All
records generated at the workplace or pursuant to an employee's job duties are the property ofthe
City.
Nothing in this Policy Manual is intended to prohibit an employee from disclosing and discussing
his/her own or other employees' personal, confidential information, or other terms and conditions
of employment,provided the employee did not come into possession ofsuch information through
unauthorized access or access that the employee has only as a part of his/her formal duties for the
City.
XXVI. Weather/Civil Emergencies
The Mayor may declare the City closed for general business purposes due to weather, special
events, or for the general health, safety, and welfare of City employees. All such closures will be
posted on the City's website (www.cityofjjeff.net) and may also appear on various radio or
television broadcasts.
For emergency purposes, each position shall be designated as "essential" or "non-essential." The
designation will bear no relationship to the value of the positions or the individual who holds the
position. It is strictly a function of whether the position involves tasks that impact public health
and safety and which tasks must be performed regardless of the circumstances.
Essential civilian employees generally include all Street Department employees and those in the
Waste Water Department who are required to maintain operations. The Mayor and Department
Heads may designate other positions "essential" as circumstances dictate.
Non-essential employees are not required to report to work in emergency situation declared by the
Mayor unless they are specifically requested to do so by their Department Head, in which case
they will be treated as essential employees. Non-essential full-time employees who are not called
to work shall receive their regular pay for the emergency day(s).
If any employee reports to work and the facility/department is later closed due to an emergency
after his/her arrival, he/she shall be paid for a full workday without being penalized by using
PTONacation time. However, if a full-time employee does not report to work on a day in which
the facility/department is later closed, time missed will be charged to PTONacation or time
without pay, but under certain circumstances, the Department Head may allow the employee to
make up the time missed. If a part-time employee cannot report to work, time missed shall be
without pay.
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A non-essential civilian employee shall not be charged PTONacation leave during a declared
emergency. Essential and non-essential employees who are not scheduled to work during the
emergency and who do not work during the emergency shall not receive any compensation for the
time of the declared emergency.
Although every attempt will be made treat employees fairly and equitably,the nature of unplanned
closures and the circumstances that necessitate them may not allow for all employees to be treated
identically. The Human Resources Department and Finance Director will be responsible for
ensuring that compensation for declared emergency closures is handled as consistently as possible
given the uniqueness of the event.
A. Emergency Call In
If an hourly 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 1/Z) for actual time worked and the difference between the amount of actual time worked and
two hours at straight time. 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 way inconsistent with this policy.
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