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HomeMy WebLinkAbout2006-OR-67 Ordinance No. 2006-OR-67 BEFORE THE COMMON COUNCIL FOR THE CITY OF JEFFERSONVILLE STATE OF INDIANA AN ORDINANCE ADOPTING POLICY AND PROCEDURE MANUAL (EMPLOYEE BENEFITS PROVISIONS) WHEREAS, the Common Council ("the Council"), as the fiscal body for the City of Jeffersonville, shall be responsible for approving and adopting policies that may have a financial impact on the city's finances including benefits for city employees; and WHEREAS, the Board of Public Works and Safety has previously adopted the document entitled "City of Jeffersonville Policy and Procedure Manual" (a copy of which is attached as Exhibit"A" and incorporated herein) as the city's official policies and procedures policy for all city departments and employees; and WHEREAS, the Board does not have the authority to approve those provisions of said Manual that would be classified as employee benefits; and WHEREAS, the Council desires to approve those provisions of said Manual that would be classified as employee benefits; and NOW THEREFORE, BE IT HEREBY ORDIANED by the Council it hereby adopts the those employee provisions contained in the document entitled "City of Jeffersonville Policy and Procedure Manual" (a copy of which is attached as Exhibit "A" and incorporated herein); and IT IS FURTHER ORDAINED by the Council that the employee benefits shall be retroactive to January 1, 2006. This Ordinance shall be in full force and effect from and after its passage and approval. Passed this ?..n day of \JODtl'f'Lhor, 006. Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Presented by me as Clerk-Treasurer to the Mayor of said City of Jeffersonville this ? 7 day of vf\lCf\.)( ~ ,2006 at \ "Or> c' m. ~' lJ...0-- Clerk- ~r Mayor J9 day of Approved and signed tl.'/:5 A. m. {, Vetoed by me this m. day of ,2006 at Mayor Page 2 of 2 '11~ I 2006 at -CtJ-o:e City 0' JeNersonville Employee Benefits Section Revised Draft 11/20/06 45 Wage and Hour Section I.. Payroll A Payroll is paid on a Semi-Monthly and in some cases Weekly basis. All required deductions will be made according to the law. B. All non-elected office personnel will be required to maintain a time card. "If work is preformed off site the employee will be allowed to write in the amount of time worked. This hand written entry must be authorized and initialed by the . " supervISor. C Straight time will be paid to hourly employees working 40 hours or less per work week Work performed by hourly employees in excess of 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 (vacation, holidays, etc.) are not considered time worked for . . computmg overtune D. If an employee is called to work by an authorized individual during an emergency, he or she will be paid a minimum of two (2) hours. The employee will receive time and one- half for actual time worked. If the employee works less than two hours, he/she will receive time and 1 half for actual time worked and the difference between the amount of actual time worked and two hours at straight tune. E. If the employee works on a holiday, he/she shall be compensated at 1.5 times their regular rate of pay in addition to holiday pay for all hours worked. II.. Over Time A The Department :Head shall attempt to distribute overtime as equally as practicable to qualified employees within those classifications in which overtime is required. B. Any employee may be required to work in excess of the normal workday or workweek to meet operational demands. Overtime will be paid under the guidelines set out by the FLSA (Fair Labor Standards Act) and paid accordingly. Eligibility for overtime shall be based upon all hours in "active pay status ". Revised Draft 11120/06 46 C. Overtime is generally discouraged and is usually performed only when the Supervisor determines it is necessary. All overtime must be approved by the employee s supervisor in advance, except in unusual or emergency situations. D. Non-exempt (hourlyJ employees of the Gty (see provisions of the Fair Labor Standards Act (FLSA) shall receive overtime pay (or compensatory time off in lieu of overtime payment) for all time authorized and actually worked in excess of forty (40) hours in any work week at a rate of one and one- half (11h) times the employee's hourly base rate of pay. For purposes of calculation of overtime, paid vacation, holidays, and sick leave shall not be included as time worked... E. Non-exempt employees of the Gty may, alternatively decide, per agreement between Gtyand employee may choose to receive compensatory time off for overtime hours worked in lieu of overtime. An example of how compensatory time work as follows: 1. An employee works 45 hours in one week The employee is entitled to five (5) hours of compensatory time. The employee would receive one and one-half (1.5) hour's time off for each hour over forty worked. Therefore, 1.5 x 5 = 7.5 hours of regular work time off. 1. Non-exempt employees can take compensatory time off after proper request has been submitted and approved by the employee's supervisor or Department's operation. Compensatory time must be used within 30 working days from the pay period in which it was accrued. 2. Upon termination of employment, the non-exempt employee is entitled to receive payment for accrued and unused compensatory time at the regular hourly wage rate in effect at the date of termination. III. Comp. Time Any Department head who chooses to use compo time must contact the Human Resources Director to get a comp time agreement form to be filled out by the employee. IV.. Flex Time The Gty may utilize "time- off' or flexible hours in order to avoid having employees work in excess of forty (40) hours in a work week The Department Head must approve flextime scheduling. Revised Draft 11/20/06 47 V. Retirement All full-time employees are covered by the Public Employees Retirement Fund. (PERF) All contributions are made by the Gty. VI. Garnishmen A court ordered legal claim against the wages of an employee by a creditor for nonpayment of a debt by legal authority is a garnishment and shall be recognized and executed by the Gty. When a garnishment is received for an employee, the derk Treasurer's office will notify employee. Holidays! Vacatior,s!Leaves I. Holidays All employees are entitled to the following holidays: (Subject to change yearly? 1. New Year's Day 2. Martin Luther King Day 3. President's Day 4. Good Friday 5. Primary Election Day 6. Memorial Day 7. Independence Day 8. Labor Day 9. General Election Day 10. Veteran's Day 11/12. Thanksgiving (2 days) 13. Cluistmas Eve 14. Cluistmas Day January 1st Third Monday in January Third Monday in February Friday before Easter First Tuesday in May Last Monday in May July 4th First Monday in September First Tuesday in November November 11th Fourth Thursday & Friday in November December 24th December 25th A All holidays are approved by the Board of Works. B. If the holidayfalls on Sunday, it will be observed on the following Monday; if it falls on Saturday; it will be observed on the preceding Friday: Revised Draft 11120/06 48 C Any hourly employee who is called in or scheduled to work on a holiday, shall be compensated at 1.5 times their regular rate of pay for all hours worked, in addition to their normal holiday pay D. In observance of each authorized holiday; both full time and part time employees will normally be granted the day off from work Only full time employees shall receive straight time holiday pay for each authorized holiday. Due to the emergency areas covered by the Gty, some areas are required to work holidays. In recognition of the fact if you are required to work on a recognized holiday you will be paid for hours worked as well as 8 hours of holiday pay. E. If a holiday occurs during the new hire's probationary period he/she will receive the day off but will not be compensated. F. If a holiday occurs while an employee is on vacation, such vacation daywill not be charged against his or her vacation leave. Employees must be in a paid status the day before and the day after a holiday in order to be paid for the holida~ G. Time worked on any of the above listed holidays shall be included in time calculations. H An employee scheduled to return from a non-paid leave on the day after a holidaywill not be paid for the holiday. An employee whose leave without pay is approved through the end of the last business day preceding a holiday is also presumed to be on leave during the holiday, and will not receive compensation for the holiday; unless the Department Head has specifically authorized pay 1. Certain years where there are no national, state, or local elections, the Gtywill still honor the same number of holidays allotted for the year. Indiana has Primaty elections on the first Tuesday in May and the General Elections are the first Tuesday in November. The Board of Works will confirm those two holidays in a non-election year. J. The holiday scheduled maybe amended by the Board of Works, with written notice, distributed to all departments within Gty government. Revised Draft 11120/06 49 II. Vacation A full time employee shall be entitled to annual vacation leave with pay according to: A Length of Service & Vacation Benefit 1. The employee will receive five (5) days of vacation after 1 year of continuous service. (Note: Anyemployee hired prior to the adoption of this policymanual will receive 5 days of vacation after 6 months and an additional 5 days of vacation after 1 year of continuous service.) 2. On the following J anuaty 1, the employee will receive (10) days of vacation per year until his/her fifth anniversary. 3. OnJanuaty 1, of the year in which the five (5) year anniversary occurs, the employee will receive ten (10) days of vacation. He/she will receive an additional five days upon his/her anniversary for a total of (15) fifteen days. 4. On J anuaty 1, of the year in which the fifteen (15) year anniversary occurs, the employee will receive fifteen (15) days of vacation. He/she will receive an additional five days upon their anniversary for a total of (20) twenty days. 5. OnJanuaty1, of each year following the fifteen (15) year anniversary, he/she will receive (20) days of vacation. 6. On J anuaty 1, of the year in which the twenty- fifth (25) year anniversary occurs, the employee will receive twenty (20) days of vacation. He/she will receive an additional five days upon their anniversary for a total of (25) twentyfive days. 7. The employee will receive (25) days of vacation on January 1, of each year thereafter. B. Gtyemployees will be eligible for their yearly vacation days on January 1 of each year following their first year anniversat.)T. C Vacation leave is credited for all continuous service in active paystatus. Vacation is not earned while an employee is in a non-paid status (i.e., leave of absence without pay, disciplinary suspensions, and disability leave under unpaid Family and Medical Leave). D . Vacations are scheduled in accordance with workload requirements of the individual department or office. For this reason, it is essential that vacation requests be made at Revised Draft 11120/06 50 least one (1) week in advance of the proposed starting date. Department Heads and Department Supervisors have the authority to approve or deny vacation requests. E . Vacation time does not accumulate from year to year but may be taken within the first 90 days after year-end with the approval of the Supervisor. F. If a full-time employee resigns or is terminated on or after January 1st, but before July 1st of a calendar year, he/she shall be entitled to one-half the above-stipulated number of days of vacation leave during the calendar year. If the affected employee has taken more than one- half the regular stipulated number of days of vacation leave, the difference in pay between the number of vacation days actually taken and one half the regular stipulated number of vacation days shall be deducted in the final paycheck G. If an employee resigns or is terminated after June 30th, but on or before December 31st of a calendar year, he/she shall be entitled to all of the regular stipulated number of days of vacation leave during the calendar year, but is entitled to no vacation leave pay for the following year. H Employees desiring vacation should check the dates of their vacation with the Supervisor or Department Head. Vacation leave is granted in minimum units of four (4) hours or half-day increments; lesser amount must have the approval of the Department Head. Vacations shall be scheduled in accordance with the needs of the department and the Department Head will make every effort to respect the vacation request. Employees hired on a temponuy basis are not eligible for vacation benefits. III. Funeral Leave A Bereavement Leave must be ammged with the appropriate Department Head or Supervisor through a written request. The request must be executed by the employee. It must state the relationship between the deceased and the employee, and the length of time needed for the requested absence. B. All regular, full-time employees maybe granted a paid leave of up to five (5) days in the event of the death in the employee's immediate family. "Employee's immediate familY' for putposes of this section shall mean an employee's spouse, child, or step child. C All regular, full-time employees may be granted a paid leave of up to three (3) days in the event of the death of a parent, grandparent, corresponding in-laws, and other residents of the household of an employee. Revised Draft 11120/06 51 D. In the event of the death of a family member not in the immediate family, an employee mayuse personal time. IV. Court Leave A If an employee is called for court jmy duty or subpoenaed to testify in a court of law during any portion of the employee's regular scheduled working day, that employee may choose to be compensated for such time in one of the manners set forth below. B. The employee may choose to receive his or her regular salary or wage in full for such time from the a~ In such case, all compensation received for court service shall be tmned over to the Gty Treasurer in full. e The employee may choose to retain all compensation received for court service and waive his or her regular salary or wage in full for such time from the Gty. D. The employee vvill be expected to report for work following jmy duty; if a reasonable amount of time (two (2) hours or more) remains during his or her scheduled work day; If any employee is called for court jmy duty or subpoenaed to testify in a court of law, outside of his or her regularly scheduled working hours, all compensation received for such court service shall be retained by the employee. E. The Gtyvvill not reimburse employees when appearing in court for criminal or civil cases, when the case is being heard in connection with the employee's personal matters, such as traffic court, divorce proceedings, custody, appearing as directed with juvenile, etc. These absences would be leave without pay; vacation, personal paid leave, or compensatory leave. V. Military or Reserve Service A Reserve Training: 1. e Sections 10- 5- 8-1, 10- 5- 8- 2, and 36- 8- 5- 8 require that Indiana National Guard, Defense CDrps, Naval Militia, and all u.S. Armed Forces reselVe component members be authorized up to fifteen (15) working days. leave with payper calendar year for training purposes. B. Along with requests for such leave, employees are required to submit the published order authorizing the military duty or a written statement from the appropriate military conunander authorizing such duty. Employees requesting such leave vvill also be required to complete the necessary leave papers. Revised Draft 11120/06 52 C Active Duty: A permanent employee who is drafted or is called for active duty in the Armed Forces of the United States, the Coast Guard, Public Health Service, Gvil Defense, or is drafted in the Merchant Marine Service, shall (in accordance with existing law) be entitled to reemployment after honorable discharge or discharge under honorable conditions from such services, provided the employee is physically and mentally able to do the work required and reports for work within ninety (90) days of such discharge, or within ninety (90) days after he or she is released from hospitalization continuing after discharge for a period of not more than one (1) year. He or she shall be employed in the position or a similar position to the one held at the time of entry into the Armed Forces. All salary adjustments or position upgrades shall be granted to the employee upon reinstatement. In the event his or her former job no longer exists, he or she shall be employed in a capacity for which he or she is qualified at a salary comparable with the one he or she formerly received. VI. Personal Leave A Personal leave is a benefit provided to full-time employees. .Newemployees must complete ninety (90) calendar days probationary period before personal leave will be granted. B. New hires; upon completion of the probationary period, full-time employees will accumulate 1-daya month there after up to a total of six (6) personal days. C Gm-ent employees will earn (10) personal days a year starting on January 1st of each calendar year. If the employee leaves prior to August 5th he/she will be required to pay a pro-rated amount back to the Gtyof Jeffersonville. D. Employees hired after the adoption of this manual will receive, onJan. 1st of each calendar year following their hire date, six (6) personal days. E. The employee will not be required to use the personal days before the end of the year. The employee will be allowed to bank up to forty (40) unused days. F. An employee who transfers from one department or office of the Gtyto another shall be permitted to take his/her accumulated personal leave with him/her. G. Accumulated personal leave terminates preceding the effective date of termination or retirement. The employee will not be paid for unused personal days. H Personal days may be used in :yz day increments. Revised Draft 11120/06 53 1. The procedures for requesting personal leave will be determined by each Department Head. J. Under prior policy manuals, personal leave was referred to as sick days. VII. Leave of Absence without Pay It is the policy of the Gty of Jeffersonville to review each request for a leave of absence individually and to decide to grant or deny a request for a leave based on factors affecting the particular request. Procedures: A Leave of absence without pay may generally be granted for the following reasons: 1. For educational pmposes where the education will be beneficial to both the employee and the Gty; 2. For personal reasons, such as illness in the family (F1v1LA), personal problems, and legal difficulties, when there is such urgency that no other alternatives are available; 3. For personal reasons when the granting of the leave will not be disruptive to department operations, such as for travel or for highly unusual personal reqUIrements. B. Factors to be weighed in considering a request for a leave of absence are: 1. Time employed by the Gty 2. Effect upon departmental performance C Requests for leaves of absence for a period of thirty (30) days or less may be approved by the department head. Requests for a leave of absence for a period of more than thirty days must be approved by the Department Head and the Human Resources Director. No request will be considered without the approval of the department head concerned. D. Where the leave of absence in excess of thirty days is approved, the employee requesting such leave may continue his/her various insurance coverage by pre- paying the entire insurance premium for the period he/she is to be absent. Such arrangements may be made in the payroll department. Revised Draft 11/20/06 54 VIII. Family Medical Leave: A The Family and Medical Leave Act of 1993, enacted February 5, 1993, allows for "eligible" employees to request and, if approved, receive up to a total of twelve (12) weeks of unpaid leave during any twelve (12) month period for four circumstances: 1. Because of the birth of a child of the employee and in order to care for the child; 2. Because of the placement of a child with an employee for adoption or foster care; 3. Because a spouse, parent, or child (including biological, adopted, foster and step- children) of the employee has a "serious health condition" -which requires care by the employee; or 4. Because the employee suffers from a "serious health condition" which prevents the employee from being able to perform the functions of his/her, position. B. An "eligible" employee is an employee that has been on the Gtypayroll for at least twelve (12) months and has worked at least 1250 work hours during the twelve (12) months preceding the request for leave. C Requests are to be made in writing to the employee 's supervisor with approvals as required. D. In the case of leaves for the birth of a child or adoption, an employee is required to provide not less than thirty (30) days advance notice or as much advance notice as possible of the intent to take leave. E. Employees seeking leave for a foreseeable medical treatment for himself or herself or a family member must also give thirty (30) days notice or as much notice as possible and, attempt to schedule the treatment so that the leave does not unduly disrupt Gty operatIons. F. The Gty has the right to request that the medical leave be properly certified by the health care provider and the employee is to provide such certification in a timely manner. If an employee requests a leave to care for a family member, the certification must confirm that this is necessary and contain an estimate of the amount of time involved. When intermittent medical leave is sought, the certification must recite the anticipated dates and duration of treatment. G. Failure to return to work on the determined return to work daywill be considered as a resignation by the employee H Approval/Denial of FMLA Revised Draft 11/20/06 55 The Human Resources Director shall notify the employee orally or in writing within two (2) business days as to the approval or denial of their FMLA request, and that any sick, personal, or vacation leave will be set off against the leave pursuant to the Department Head's policy regarding it (See "Utilization of Accumulated Paid Leave"). Oral notice will be followed bywritten confirmation bypayday' following. If the Department Head is late complying with these notice requirements, paid leave may only be set of against FlvlLA leave prospectively; once notice is given (See "Utilization of Accumulated Paid Leave" below). The Department Head shall note the starting and ending dates of leave, reinstatement procedures, and utilization of accumulated paid leave. The Department Head shall send a copy of this written notice to the insurance office. The Human Resources Office shall notifythe employee as to the status of insurance coverage and the employee's contribution, if applicable. 1. Utilization of Accumulated Paid Leave Employees are required to utilize accumulated paid leave for all or part of the FlvlLA twelve (12) week period. Unpaid FlvlLA shall be authorized when all eligible accrued paid leaves have been exhausted (sick leave, vacation). Family and Medical Leave and paid leave, for conditions that qualify under FMLA, run concurrently. The entire twelve (12) week FlvlLA is not in addition to the paid leave, just any remaining portion after the paid leave time is subtracted. J. Leave Period An eligible employee may take up to twelve (12) workweeks of FMLA during a twelve- (12) month period. The twelve-month period shall be measured forward from the date the employee's first FlvlLA begins (i.e., an employee whose eligible FlvlLA begins September 15,2003 is entitled up to twelve weeks from September 15, 2003 through September 14, 2004). Employees may request intermittent or reduced leave schedules to accommodate medically necessary treatment in connection with a serious health condition. Intermittent or reduced leave may not exceed the total hours an employee would have worked during their regular twelve- (12) week schedule. If intermittent or reduced leave is approved, the Department Head may require the employee to schedule the leave so as not to undulydismpt the Department Head's operations, or the employee may be placed in an alternate position, which better accommodates the intermittent leave schedule. Revised Draft 11120/0& 5& K. Insurance Coverage during FMLA Employees are entitled to maintain the same health benefits during the FMLA However, it is the employees' responsibility to make arrangements through the Human Resources Director for their portion of the contribution of monthlypremiums. Should an employee fail to return to work after his or her FMLA expires; the Department Head may recover from the employee the Gty's share of health insurance premiums paid during the period of unpaid FMLA Insurance premiums may not be recovered if the employee fails to return to work due to the continuation, recurrence, or onset of a serious health condition or circumstances beyond the employee's control L. Working \Xlhile on Family and Medical Leave An employee -who is self-employed, accepts other employment, or works for any other current Gtyduring a Family and Medical Leave, must report such work immediately to the Human Resources Director. An employee -who is self employed or accepts other employment or works for any other current employer, perfonning work of a like or similar character or exertion as that which the employee performed for the Gty, during Family Medical shall be considered to have terminated employment with the Gty as of the date of such employment began. Employees described in the immediately preceding paragrnph may be required to reimburse the Gtyforthe employer-paid portion of group health insurance premium contributions made while the employee was on leave. M Job Restorntion During Family and Medical Leave, every effort will be made by the Gtyto hold an employee's position open until he or she returns to work However, based upon the necessity of continuing operntions during an employee's absence, the Gty may choose to fill any non-elected position. If the position is filled -while an employee is on the FMLA, the Gtywill make every effort to place the employee in an equivalent position, with equivalent pay, benefits, and other tenns and conditions of employment. In addition, the position into which the employee is placed will have substantially similar duties. NOTE: If an employee's position is eliminated during the Family and Medical Leave, through, for example, layoff or restructuring, the employee will not be entitled to return to his or her former or an equivalent position. Revised Draft 11120/06 57 The Gtydoes not have "light duty" positions, but if a health care provider indicates in writing that an employee is not able to perform all the essential fnnctions of the position, but that the employee may perform his or her job With restrictions, the Gty Will make every effort to cooperate With a doctor's written orders for restrictions placed on an employee in order for the employee to perform meaningful and necessaryworkthe Gtyneeds done. Arrangements for restricted work must be made in writing and approved by the Department Head in advance of an employee's return. Employees whose F1\.1LA was for their own personal medical conditions must, prior to reinstatement, submit a medical certification to their Department Head as to their ability to return to work, subject to a second medical opinion as deemed necessary by the Department Head, or a third medical opinion as provided in the Family and Medical Leave Act. Employees on FMLA who do not return to work immediately following release from the health care provider as fully restored to perform all the essential fnnctions of his or her positions, shall be considered to have volnntarilytenninated employment as the date of the release. Employment Will be tenninated if an employee is not able to return to work at the end of the F1\.1LA. There may be exceptions to termination required nnder the ADA, and the GtyWill complyWith ADA N. Definitions nnder Family and Medical Leave Act a. Spouse: A husband or Wife: Unmarried domestic partners do not qualify for F1\.1LA to care for their partner b. Child: A son or daughter, including a child eighteen (18) years or over who is incapable of self-care because of a mental or physical disability c. Parent: A biological parent or an individual who stands in the place of a parent to the employee (in loco parentis). "In-laws" are not included in the definition of parent d. Foster Care: Placement of a child With the employee through a formal agreement for substitute care requiting state action, rather than an informal arrangement to take care of another person's child e. Serious Health Condition: An illness, injury, impairment, or physical! mental condition that involves a period of treatment that requires absence from employment for more than three (3) calendar days and involves care by a health care provider. Serious health condition also includes continuing treatment of chronic or long- termed incurable conditions and prenatal care. Revised Draft 11/20/06 58 O. The Human Resource Department will assist you with any questions in determining a "serious health condition" under the Family and Medical Leave Act P. An Absence Resulting From A Work-related Injmyor Illness (Workers' Compensation) will be considered as F1v1LA leave time if the employee has worked for Gty of Jeffersonville for at least 12 months and for a minimum of 1,250 hours in the immediately preceding calendar year. (not including holidays) 1. The employee will be mailed the notification that they are being placed on F1v1LA during their absence from work vAllIe on Workers' Compensation. Insurance Coverage'~ I. Group Health Insurance/Accidental Death and Dismemberment This section provides a brief sketch of the employee group health benefit plan, Section 125 Plan, AFLAC supplemental health insurance, group term life insurance, and accidental death and dismemberment coverage. The insurance benefits described in this manual are expressly subject to the terms, conditions, and eligibility requirements set forth in the formal plan documents governing the Gty's compensation and benefits plans A GROUP HEALTH INSURANCE ELIGIBILITY 1. Group health insurance is available for all regular full-time employees. The effective date of health insurance coverage is the first day following the employee's ninety (90) day probationary period. 2. Likewise, -when an employee terminates with Gty government (other than gross misconduct), he or she may be entitled to continue health coverage under mBRA Please refer to Section 13.0 mBRA 3. Section 125 plan - AFLAC supplemental health insurance American family life assurance company? a. Because the Gtyparticipates in a Section 125 Plan (governed by Internal Revenue SeIVices compliance's and laws), and administered by AFLAC employee contributions for group health and other benefit coverage's may be made with pre-tax dollars through a payroll deduction. By contributing this way; employees reduce the out-of-pocket dollars and receive a savings in their take-home" payor net earnings. Revised Draft 11120/06 59 b. In addition to the Section 125 Plan, employees may choose to purchase supplemental health products from AFLAG These benefits are offered to new full- time employees and once yearly at the designated open enrollment period (and upon special qualifying events) c. No deductions will be made until an employee fonnallyenrolls in a plan and gives the Gty authorization to make deductions. 4. Term Life Insurance and Accidental Death and Dismemberment (Ad&D) Coverage Group Term Life Insurance and AD&D coverage is eligible to all regular full- time employees. Life insurance and AD&D coverage begins on the first day of the month following a 180-day waiting period after being hired. This coverage terminates on the last day of employment. For more information concerrllng this coverage, please contact the Human Resources Director. 5. Other Group Voluntary Insurance Benefits a. In addition to the above- mentioned insurance coverage, the Gty allows full- time employees to purchase other voluntcuy products such as dental, vision, and additional life insurance. These products are offered to employees upon completion of the ninety (90) day probationcuy period, and at the designated open enrollment period each year. The Human Resources Director can assist with questions or concerns. (Note: The Gty pays for single coverage on dental insurance; other family members may be covered at the employee's expense. Also, vision coverage is paid by the Gty for the employee's entire familJ? b. If an employee's address change takes place while employed (and! or including separation), the Human Resources Director needs to be notified immediately so that the insurance companies have current, uPdated information. Failure to comply may result in coverage or claims not being paid in a timely manner. NOTE: The Gty of Jeffersonville does not guarantee the continuation of current insurance benefits or any insurance benefits to employees on a permanent basis. Like the group health insurance, no deductions will be made until an employee fonnallyenrolls in a plan and gives the Gtyauthorization to make deductions. For more information about the benefits, please contact the Human Resources Director. Revised Draft 11120/06 60 II. Workers' Compensation Workers' Compensation Insurance provides coverage forwork:-related injuries and illnesses as required under the Workers' Compensation laws of the State of Indiana. Workers' Compensation Insurance covers all authorized expenses related to the treatment of a work- related illness or injmyand provides "lost time benefits" when an employee must be absent from work on a Workers' Compensation Disability Leave. N01E: The granting and duration of each absence resulting from a work-related injmyor illness and each Workers' Compensation Disability Leave and the compensation received by the employee, if any; during an absence or leave will be determined the Oty in conjunction with applicable federal and state laws. The Insurance benefits described in this manual are expressly subject to the tenns, conditions, and eligibility requirements set forth in the formal plan documents governing the Gtys compensation and benefit plans. All employees are covered under the Oty's Workers' Compensation Insurance Plan. A An Absence Resulting From A Work-related Injmy or Illness will be considered as FMLA leave time if the employee has worked for Oty of Jeffersonville for at least 12 months and for a minimum of 1,250 hours in the immediately preceding calendar year. (not including holidays) 1. The employee will be mailed the notification that they are being placed on FMIA during their absence from work while on Workers' Compensation. B. Reporting A Work Related InjmyOr Illness 1. Any illness or injmy related to an employee s work assignment must be reported to the Department Head so that the necessaryfonns can be completed and sent with the employee prior to evaluation and treatment, if possible. The Oty does not endorse or have an approved medical facility; however, the Department Head or injured employee must notifythe Human Resources Director as soon as possible so that all claims and compensation can be administered properly and in a timely manner. NOTE Work-related illnesses or injuries that occur when an employee is away from the City and conducting City business or participating in a training program, should be treated by a provider in the geographical area where the illness or injury occurred and submitted to the City's Workers' Compensation Insurance camero Revised Draft 11120/06 61 2. Work-related illnesses or injuries should never be submitted under the Gty's group health insurance. Failure to promptly report a work-related injury or illness may result in ineligibility for benefits. 3. In the event an employee qualifies for F1v1LA, a Leave Request Form may be obtained from the Human Resources Director and completed when both of the following conditions exist: 4. The employee is treated by the Oty's designed health care provider; and 5. The employee is diagnosed by the health care provider as having a serious health condition. (See "Serious Health Gmditions" defined under the Family and Medical Leave Section of this manual) C Duration OF A Workers Compensation Disability The employee will be terminated if unable to return to work within the 12 months from the date of the work- related injury or the onset of the work- related illness. An eligible terminated employee may elect to continue group health insurance through COBRA A terminated employee may be considered for future position that becomes available, for which, in the Otis opinion, the employee is qualified. D. Compensation And Benefits For An Absence Resulting From A Work-Related Injury Or Illness And A Workers' Compensation Disability Leave 1. Lost time benefits due to a work-related injury or illness begin on the eighth calendar day following an employee s absence because of a work-related injury or illness. If an employee wishes to be paid for work missed during the first seven calendar days, he or she must use any accrued time. 2. If the absence from work extends longer than 21 calendar days, the initial seven- daywaiting period will be retroactively paid by the Workers' Compensation Insurance Carrier. 3. The amount of the compensation an employee receives from the Oty's Workers' Compensation Insurance Carrier is fixed by state law and is determined by an employee's average wages over the preceding 52 weeks of employment. The Oty will not issue paychecks to an employee in exchange for an employee's Workers Compensation Disability checks. An employee may not supplement Workers' Compensation paychecks with accrued time since Worker s Compensation paychecks are not taxed. Revised Draft 11120/06 62 4. An employee returning from an absence resulting from a Workers' Compensation Disability Leave is entitled to any unconditional pay increases that occurred during his or her absence. 5. Employees are not paid service paywhile receiving lost time benefits, but are credited for service time while receiving lost time benefits. Service time will continue to accrue for an eligible employee showing no break in service while the employee is on a Workers' Compensation Disability Leave. The employee's regular base salatyand service paywill commence upon his or her return to work E. Insurance Coverage While On Workers' Compensation 1. Group health insurance coverage and other insurance benefits will continue on the same basis, as coverage would have been provided had the employee been continuously employed during the period of a Workers ' Compensation Disability Leave as long as the employee pays his or her regular portion of the premium on a timely basis. Employees must arrange with the derk- Treasurer's Office to pay their portion of this insurance coverage. 2. The employee's insurance coverage may be tenninated, if the employee's premium payment is more than 30 days late. Before tenninating the coverage, however, the Gtywill first give the employee at least 15 days written notice that the premium is late and that coverage will lapse, if the payment is not provided by a specific date. 3. Additionally, failure of the employee to return to work when released by the health care provider, assuming such release is given before the end of 12 months from the beginning of a Workers 1 Compensation Disability Leave, may give the Gtythe right to collect the employer-paid portion of premium contributions made while the employee was on leave, unless the reason for not returning is a certified new or continuing serious health condition or other circumstance beyond the employee's control. N01E: Any changes in the terms of the Gty's group health insurance will apply to employees on Workers I Compensation Disability Leave. 4. Group term life insurance and accidental death and dismemberment coverage will remain in force at the Gty's expense on the employee. In addition, any changes in the terms of the Gty's group term life insurance and accidental death and dismemberment coverage will apply to the employee on Workers' Compensation Disability Leave. Revised Draft 11120/06 63 F. Public Employees Retirement Fund (pERF) \X7hile On Workers' Compensation Although an eligible employee's contributions made to the Public Employees Retirement Fund shall be interrupted during a Workers' Compensation Disability Leave, no break shall be reflected in the employee's service credit. G. Holidays While On Workers' Compensation Employees shall not receive Holiday pay or time off for Holidays during a Workers' Compensation Disability Leave. If a full-time employee returns to work from a Workers' Compensation Disability on less than a full- time work schedule or is working on an intermittent basis or a reduced work schedule basis because of a work-related injury or illness, he or she will not receive Holiday payor time off for Holidays until the employee is working on a full-time basis again, unless he or she has enough accrued time to cover work time missed H Bereavement Time Off While On Workers' Compensation Employees are not entitled to Bereavement Time Off during a Workers' Compensation Disability Leave. If a full-time employee has returned to work on less than a full-time basis from a Workers' Compensation Disability or is working on an intermittent basis or reduced work schedule basis because of a work-related injury or illness, however, he or she is eligible for Bereavement Time Off. 1. Working While on Workers' Compensation Disability Leave 1. An employee who is self employed or accepts other employment or works for any other current Gty during a Workers I Compensation Disability Leave must report such work immediately to Human Resources Director. 2. An employee who is self employed or accepts other employment or works for any other current employer, perlorming work of a like or similar character or exertion as that which the employee perlormed for the Gty, during the employee" Workers I Compensation Disability Leave of absence shall be considered to have terminated his or her employment with the Gty as the date such employment began. 3. Employees described in the immediately preceding paragraph may be required to reimburse the Gtyforthe employer-paid portion of the group health insurance premium contributions made while the employee was on Workers' Compensation Disability Leave. Please refer to the section on voluntary termination Revised Draft 11120/06 64 J. Job Restoration After a Workers' Comp. Leave during Workers' Compensation Disability Leave every effort will be made by the Gtyto hold an employee's position open until he or she returnS. 1. However, based upon the necessity of continuing operations during an employee's absence, the Gty may choose to fill any non-elected position. If the position is filled while an employee is on Workers' Compensation Disability Leave, upon return to work, the employee will be placed in an equivalent position with equivalent pay, benefits, and other terms and conditions of employment. The position into which the employee is placed will have substantially similar duties. 2. If an employee's position is eliminated during a Workers' Compensation Disability Leave, through, for example, layoff for restrUCturing, the employee will not be entitled to return to his or her former or an equivalent pOSltIOn. 3. Prior to returning to work from a Workers' Compensation Disability Leave, an employee must submit a release from the health care provider to his or her Department head. 4. The Otydoes not have "light duty" positions, but if the health care provider puts in writing that an employee is not able to perform all the essential functions of the position, but that the employee may perform his or her job with restrictions, the Gtywill make every' effort to cooperate with a doctor's written orders for restrictions placed on an employee in order for the employee to perform meaningful and necessary work the Gty needs done. Arrangements for "light" duty work must be made in writing and approved by the Department I:-!ead in advance of an employee's return. 5. If an employee who is on a Workers' Compensation Disability Leave that is also on FJv1LA refuses to return to work (before the end of the FJv1LA period of 12 weeks) until he or she is fully restored to perform ail the essential duties of his or her job, even though the Gty is willing and able to accommodate restrictions placed upon the employee by the health care provider, then the employee's lost time benefits from the Oty's Workman's' Compensation Carder will cease. The FJv1LA will continue however, until available FJv1LA is exhausted. If the employee has available accrued time, he or she may be paid for work time missed. 6. .An employee who is on Workers' Compensation Disability Leave and does not return to work immediately following release from the health care provider shall be considered to have voluntarily terminated employment as of the date of the release. Please refer to the section on voluntary termmatlon. Revised Draft 11/20/06 65 7. Employment will be terminated, if an employee remains unable to be released to return to work within 12 months from the date of the work- related injury or the date of the onset of the illness. A terminated employee may elect to continue his or her group health insurance coverage, if any, through COBRA. 8. A terminated employee may be considered for future positions, which become available, for which, in the Gty's opinion, he or she is qualified. K. Impact of an Absence Due to a Work- Related Injury/Illness or Workers' CDmp. Leave on Promotions An employee who misses work for treatment of a work- related injury or illness is equally considered along with ail other employees for the purposes of promotions, intra-departmental job openings, inter-department job openings, training, and ail other aspects of employment. L. Workers' Comp. Leave and the American's with Disabilities .Act (ADA) A 1he Gtycomplies with the ADA 1he Gtyoffers Workers' CDmpensation Disability Leave to qualified disabled employees under the same circumstances that it offers Workers' CDmpensation Disability Leave to non-disabled employees. B. 1he ADA does not require the Gtyto allow a disabled employee to extend a Workers' CDmpensation Disability Leave beyond the 12- month period that is allowed by the Gty. 1he ADA may, require the Gtyto provide reasonable accommodations (as long as an accommodation is not an undue hardship) to employees who become qualified under the ADA because of a work-related injury or illness. M Work -Related Injury or Illness and Personnel Files All medical information obtained in connection with a work-related injury or illness is kept in a confidential medical file separate from an employee's personnel file. IV. COBRA Health Coverage for Terminated Employees Employees, their spouses, or dependents who are enrolled in the Gty's group health insurance at the time of the employee's termination from employment (other than for gross misconduct or as the result of retirement) or because of another qualifying event may, unless otherwise provided by law, elect to continue participaring in the group health Revised Draft 11120/06 66 --r ... insurance plan through the Consolidated Omnibus Reconciliation Act (mBRA). In addition to termination of employment (except for gross misconduct), qualifying events include death, divorce, legal separation of marriage, and other similar change of status (example: dependent age no longer qualifies for coverage under the parent's group plan). When there is a qualifying event, the employee must notify the Human Resources Director. The insurance carner administers the mBRA and the monthly payment/ expense is paid directly to the insurance carner by the qualifying person or employee. Revised Draft 11120/06 67 Acknowledgment of Receipt I have received a copy of the Gtyof Jeffersonville's policy and procedure manual. I understand that it is my responsibility to become familiar with the contents of this book, as it outlines my benefits and Oty's policies and procedures. I also understand that nothing contained in this manual shall be construed as a contract or guarantee of employment. Should I have any questions regarding these policies and procedures, I understand that I am encouraged to talk them over with my supervisor. Date: Employee Signature: Revised Draft 11120/06 68