PERSONNEL POLICIES AND PROCEDURES TOWN OF WINDSOR

Transcription

1 PERSONNEL POLICIES AND PROCEDURES TOWN OF WINDSOR Table of Contents Section Page 1. INTRODUCTION EMPLOYER / EMPLOYEE RELATIONS CLASSIFICATION PLAN RECRUITMENT AND SELECTION PERFORMANCE EVALUATION PROGRAM FITNESS FOR DUTY EVALUATIONS PERSONNEL FILES WAGE AND HOUR BENEFITS ATTENDANCE / MEAL PERIODS / REST PERIODS LEAVES FAMILY AND MEDICAL LEAVES TRANSFERS LAYOFF AND RECALL POLICY EMPLOYEE SAFETY / VIOLENCE IN THE WORKPLACE APPEAL PROCEDURE DISCIPLINE / GENERAL RULES OF CONDUCT RESIGNATIONS NON-DISCRIMINATION POLICY AND HARASSMENT POLICY OUTSIDE EMPLOYMENT VOLUNTEERS... 43

2 Section Page 21. DRUG AND ALCOHOL-FREE WORKPLACE NEPOTISM GIFTS AND GRATUITIES USE OF INFORMATION AND ELECTRONIC SYSTEMS DRESS CODE USE OF TOWN EQUIPMENT TRAVEL AND TRAINING POLICY CATASTROPHIC LEAVE MISCELLANEOUS

3 1. INTRODUCTION 1.1. These Personnel Policies and Procedures (hereafter rules, policies or procedures ) generally describe the employment relationship between the and its employees. The rules apply to all employees, except where otherwise indicated in these rules, or where an applicable memorandum of understanding (MOU) specifically conflicts with a rule. Each employee will receive a copy of these rules, and is responsible for reading and following these procedures These rules may be amended from time to time. However, in order to be effective, the amendment must be in writing and approved by the Town Council. 3

4 2. EMPLOYER / EMPLOYEE RELATIONS 2.1. The Town s labor relations policies are governed by the Meyers-Milias- Brown Act (MMBA), Government Code section 3500, et seq. The Town has in place an employeremployee relations resolution which specifies the Town s local rules, rights and obligations regarding labor relations Under the Town s employer-employee relations resolution, and the MMBA, the Town recognizes certain labor organizations as the exclusive representative for purposes of labor negotiations. For represented employees, the Town meets and confers with employee labor representatives regarding wages, hours and working conditions, and provides advance notice of certain matters as specified in the Town's Employer-Employee Relations Resolution. Employee pay schedules and various benefits are set forth in memoranda of understanding (known as MOUs ) agreed upon by the Town and the recognized labor representatives Employees having questions concerning matters included in their MOUs may contact their labor representative or the Administrative Services Department directly. 4

5 3. CLASSIFICATION PLAN 3.1. The Town maintains a set of job classifications. Each job classification includes a class title and a general written description of the duties and responsibilities. Classification descriptions are available upon request The classification descriptions may be abolished or amended from time to time. In addition, new classification descriptions may be added to the Town s classification plan. The Town provides notice to recognized employee organizations prior to abolishing, amending or adding classifications to the Town's plan If employees believe they are performing work outside the scope of the classification description covering their position, they should report the information, in writing, immediately to the Town s Administrative Services Department The Town may utilize temporary or emergency employees in the event of some legitimate need. Such employees may be assigned to classified, or unclassified, positions. 5

6 4. RECRUITMENT AND SELECTION 4.1. Recruitment The Town may utilize any legitimate recruitment procedure for attracting qualified applicants. Recruitments may be in house or open, depending on the Town s needs. The Town will give reasonable notice to all of its employees concerning the Town's employment opportunities Applications for Employment Each candidate shall complete those application forms designated by the Town. An applicant s failure to provide complete and accurate information on all application materials shall be grounds for immediate disqualification in the application process, and may result in dismissal from employment As part of the pre-employment procedure, applicants may be required to supply references, and a waiver, to enable a thorough background check by the Town. The Town shall have the right to conduct a complete and exhaustive background investigation on all applicants seeking employment in the Disqualification or Rejection The Town may reject or disqualify applicants for any legitimate reason. In addition, the Town may permanently disqualify applicants from future employment for good cause. In the event of permanent disqualification, the Town shall notify the applicant of the action, including a brief description of the reasons therefore, and permit the applicant to appeal pursuant to the procedure specified in these rules. The appeal submission shall be maintained with the application file, if requested by the appellant. The appeal procedure shall not be available to applicants, except in cases of permanent disqualification Testing / Assessment Process The Town may utilize any legitimate method to determine the qualifications of applicants, including without limitation, written tests, physical agility tests, oral examinations, panel interviews, assessment centers and oral interviews. The Town may list successful applicants on a list of eligibles. The list of eligibles shall be maintained for the duration specified by the Town Appointment The Town may appoint any qualified applicant from the list of eligibles to a regular position in the classification for which the applicant is qualified. Positions may 6

7 be full time, or part time, depending on the needs of the Town. In the absence of a list of eligibles, the Town may make temporary appointments pending development of a new list. The Town endeavors to provide notice to all Town employees at least one week in advance of new employment opportunities The Town in its discretion may permit lateral transfers to a vacant position. The transfer shall be subject to the rules governing transfers. The Town endeavors to provide notice of vacant positions to ensure opportunities for transfer The Town may in its discretion cause a new list of eligibles to be generated, in the event the Town believes that circumstances warrant a new list. Such circumstances include, but are not limited to: the age of the eligible list; an inadequate number of candidates; and changing job requirements Fitness for Duty All employees must be physically and mentally capable of performing the essential functions of their jobs. All appointments may be conditioned upon successful completion of medical and/or psychological examination(s), to be arranged by the Town Probationary Period Unless a different period is specified in the application, appointment documents or job specification, upon beginning a job in a new classification of employment all employees must serve a probationary period of six (6) months. Periods of time during unpaid absences shall automatically extend the probationary period by the number of day of the absence. Further, periods of time on paid leave exceeding twenty (20) working days shall extend the probationary period by that number of days the employee is on such leave The Town may establish probationary periods exceeding six (6) months in duration for positions involving duties and responsibilities that the Town believes warrant an extended probationary period. In such event, the Town shall indicate the probationary period in the job announcement or other application-related materials. Further, with respect to existing classifications, the Town shall provide advance notice of the probationary period change to the exclusively recognized employee organization During their probationary period, employees may be released from Town employment at any time, without cause. The Town is not required to explain the reasons underlying the release from probationary employment. If the Town approves, the released probationary employee may be appointed to any vacant position in a classification in which the employee is qualified and performed satisfactorily for at least one year, subject to a new probationary period Provided notice has been given to the employee prior to the scheduled end of a probationary period, the Town may extend a probationary period up to ninety 7

8 (90) days in the event the Town has any legitimate question regarding the employee s continued employment. Such ninety (90) day period shall be in addition to those extensions resulting from an employee s absence as described above Probationary periods do not apply to "at-will" employment, which can be terminated at any time, with or without cause At Will Certain positions in the are designated at-will. At-will positions are not subject to the job protections described in these personnel rules, including processes and rules for recruitment, discipline, termination, probationary periods, testing, and appointment from eligible lists. The employment of at will personnel may be terminated at any time, for any legal reason, and without any requirement of demonstrating good cause. 8

9 5. PERFORMANCE EVALUATION PROGRAM 5.1. The Town may require employees to undergo performance evaluations periodically throughout their employment. The Town shall prescribe appropriate forms for completing performance evaluations. The Town's performance evaluation program includes an opportunity for employees to discuss their concerns with Department Heads, upon request Performance evaluations shall be maintained in employee personnel files. Employees may submit rebuttals to their performance evaluations, and the rebuttals shall also be maintained in the personnel files with the performance evaluations. 9

10 6. FITNESS FOR DUTY EVALUATIONS 6.1. The Town at its expense may require an employee to undergo a fitness for duty evaluation based on any reasonable cause. 10

11 7. PERSONNEL FILES 7.1. The Town shall maintain an official personnel file for each of its employees. Personnel files contain such personnel records as may be deemed necessary for the administration of human resources in the Town Personnel files shall be made available for inspection by employees within a reasonable time after an employee s request and without loss of pay, provided that employees must make arrangements with their supervisor if the inspection occurs on duty. Upon written request, employees may obtain copies of the materials subject to inspection. The Town may preclude inspection of certain information in accordance with the law, such as background and other pre-employment information, and materials relating to investigations The Town maintains injury reports and confidential medical records (e.g., Civil Code 56, et seq.) in separate files. 11

12 8. WAGE AND HOUR BENEFITS 8.1. Wages and benefits are subject to approval by the Town Council after the Town meets and confers with recognized employee organizations. Wages and benefit schedules are often contained in the MOUs covering the classification of employment at issue. Employees having any questions about what MOU covers their employment classification should contact the Administrative Services Director The Town is committed to observing all of its obligations under the Fair Labor Standards Act ( FLSA ). These rules, as well as all applicable provisions in memoranda of understanding and all Town pay practices, shall comport with, and shall be interpreted to ensure the minimum requirements of, the FLSA The Town designates as FLSA Exempt those employees who work in professional, executive or administrative capacities and who are therefore not entitled to overtime compensation under the FLSA. Except when necessary to address an emergency or special circumstances, employees who are entitled to overtime compensation under the law may not work outside of regularly scheduled working hours, or during unpaid meal periods, without the prior authorization of a supervisor. In any event, employees shall report overtime work as soon as possible after the work is performed. Violations of this rule may result in discipline, up to and including termination of employment. 12

13 9.1. Workweek 9. ATTENDANCE / MEAL PERIODS / REST PERIODS The basic workweek for full time employees shall be forty (40) hours per week, in a seven-day period. The workweek commences at 12:01 a.m. every Sunday a.m., and is a regularly recurring seven (7) day period ending at 12 Midnight every Saturday p.m The Town shall establish and may modify regular working hours for its employees. The Town may require employees to work overtime and to perform standby responsibilities. Employees shall be responsible for reporting to work on time, and observing the work schedule established for their department Meal Periods Unless otherwise established for a department or particular employees, employees shall receive a thirty (30) to sixty (60) minute meal period that shall not be compensated. During the meal period, the employee shall be completely relieved of duties. If the employee is authorized in advance and performs work during the meal period, the employee shall be compensated for such time. Meal periods may not be used to shorten the workday Rest Periods Unless otherwise established for a department or particular employees, employees shall have a fifteen (15) minute rest period for each half of their shift, as scheduled by the Department Director. The rest period may be interrupted or cancelled if necessary to complete work and shall be compensated time. The rest periods may not be combined or used to shorten the workday e.g., by taking a break at the beginning or end of the workday. 13

14 10. LEAVES General Provisions Employees are expected to be at work at scheduled times. To ensure public accountability and the integrity of public service, all employees are expected to account for their absences from work. Leave time is chargeable in increments of 1 hour Leaves shall be subject to approval by the Department Head (or designee), and scheduled in advance whenever possible, with due regard for the Town s service needs The Town may employ any reasonable measure to ensure employees are properly accounting for leaves, including requiring reasonable proof that the basis for the leave is legitimate. Employees may be required to submit a medical certification of sickness supporting a request for sick leave. The Town may require a fitness for duty certification from any employee returning from leave. Abuse of leave privileges, including working for a secondary employer while on sick leave, may subject an employee to disciplinary action, up to and including termination of employment Leave benefits are available only to regular, or probationary, employees working in forty (40) hour-per-week positions, but not part time or extra help personnel Available Leave Categories The Town provides the following leave categories: (a) sick leave with pay; (b) sick leave without pay; (c) jury duty leave; (d) administrative leave with pay; (e) personal leave without pay; (f) bereavement leave; (g) vacation leave; (h) holiday pay; (i) compensatory time off; (j) family medical leave; and (k) workers compensation leave Sick Leave with pay: Full time employees generally accrue sick leave at the rate of 8 hours monthly / 96 hours annually. Sick leave usage is not a "right." Rather, sick leave may only be used in cases of actual sickness or disability. Employees unable to report to work must notify their immediate supervisors not later than one hour before work is scheduled to begin, if possible, or by whatever method is established by the supervisor. An employee may use up to 48 hours of sick leave per calendar year to attend to an illness of a child, parent or spouse of the employee If a finding of industrial disability is made in connection with a PERS retirement, employees may not be permitted to exhaust paid sick leave balances unless the Town Manager approves, in his/her discretion. 14

15 Sick Leave Without Pay: In the event paid balances are exhausted, employees may be placed on sick leave without pay if circumstances so warrant in the Town s discretion Jury Duty: Employees summoned by State or Federal court to jury duty shall be entitled to full pay during the period of jury service. Employees must keep their supervisors informed of their court schedule, and shall provide proof of service to the Town upon request. Employees shall pay any fees received for jury service to the Town, except for mileage reimbursement Administrative Leave with Pay: The Town in its discretion may place an employee on administrative leave with pay. Employees on such leave shall be subject to the Town's instructions during their normal working hours Personal Leave Without Pay: The Town in its discretion may permit employees to be on leave without pay. Employees in such status do not accrue vacation or other benefits, or receive service credit and may be required to pay for all fringe benefits, such as health plan premiums, during the period of their leave without pay. Employees shall be entitled to take personal leave without pay when required by State Law Bereavement Leave: The Town shall grant leaves of absence with pay up to three (3) days where a member of the employee's or spouse's immediate family dies. "Immediate family" means parent, current spouse, child, stepchild, grandparent, brother, sister, current mother-in-law or current father-in-law. The Town in its discretion may require some proof that a death in the family has occurred. Bereavement leave is available only within thirty (30) days of a death in the family, unless the employee has made arrangements with the Town regarding its use at a later date Vacation Leave: Employees accrue vacation at the following rates: (a) (b) (c) (d) Before one year of employment, employees shall not accrue any vacation until their six month anniversary, at which time they shall be provided 5 working days and then continue to accrue vacation at the rate for those employees after one year of employment; Beginning the first day after one year of employment: 10 working days per year; Beginning the first day after four years of employment: 15 working days per year; Beginning the first day after twelve years of employment: 20 working days per year. 15

16 Employees must be employed at least six months, and have successfully completed initial probation, before using vacation leave benefits. Employees shall give at least two (2) weeks notice of a vacation request, unless the vacation is three days, or less, in which case notice shall be at least one (1) week in advance of the requested leave. Employees who terminate employment shall be cashed out of their accrued but unused vacation, at the employee's hourly rate at the time of separation from Town service Holiday Pay: The Town observes the following legal holidays, which are available to those employed at least thirty (30) days prior to the date of the holiday: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) New Year s Day Martin Luther King Jr. Birthday President s Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving Day before Christmas Christmas Floating Holidays (two eight-hour holidays per fiscal year) Legal holidays falling on a Saturday are observed on Friday. Legal holidays falling on a Sunday are observed on Monday. To qualify for holiday pay, employees must be on paid status on the regularly scheduled workday before and after the legal holiday, unless the absence is with the written permission of the Town, or due to illness. Holidays occurring during an employee s vacation will be treated as a paid holiday Employees working on a holiday with Town approval will be entitled to an in lieu holiday that may be taken on another date, within the fiscal year, subject to supervisory approval. In lieu holidays may not be carried over to another fiscal year, and are lost unless used prior to the end of the fiscal year Floating holidays are subject to supervisory approval and may not be carried over to another fiscal year, and are lost unless used prior to the end of the fiscal year Compensatory Time Off: Represented employees with agreements between the Town and labor associations may be entitled to compensatory time off (CTO). Employees should consult their MOU, or contact the Human Resources Section of the Administrative Services Department, regarding CTO FMLA Leave: Family medical leaves are subject to Town Policy No

17 Workers' Compensation Leave: Employees suffering injuries in the course and scope of their work may be entitled to workers compensation benefits. Employees having questions should contact the Human Resources Section of the Administrative Services Department. 17

18 11.1. Statement of Rule 11. FAMILY AND MEDICAL LEAVES In accordance with the Family and Medical Leave Act of 1993 (FMLA) and the California Family Rights Act (CFRA), eligible employees may take up to a total of twelve (12) work weeks of family and medical leave during a twelve (12) month period for a qualifying event. FMLA/CFRA leave may only be taken for the following reasons: (a) (b) (c) (d) (e) (f) Because of the employee s own serious health condition that makes the employee unable to perform the functions of his or her position; The birth of an employee s child and to care for a newborn; The placement of a child with an employee in connection with the adoption or foster care of a child by an employee; To care for a child, parent, spouse, or a registered domestic partner who has a serious health condition ; For a qualifying exigency arising out of the fact that the employee s spouse, son, daughter, or parent is a covered military member on active duty (or has been notified of an impending call or order to active duty) in support of a contingency operation and/or; To care for a covered servicemember with a serious injury or illness if the employee is the spouse, son, daughter, parent or next of kin of the servicemember. Qualifying Exigency Leave The FMLA allows for eligible employees to take FMLA leave while the employee s spouse, son, daughter or parent (the covered military member ) is on active duty or call to active duty status for a qualifying exigency. Unlike military caregiver leave which is available for the care of a covered servicemember in the Regular Armed Forces, Reserves, or National Guard, qualifying exigency leave is only available to an eligible employee with an immediate family member who is on active duty or call to active duty status in support of a contingency operation as a member of the Reserves or National Guard. It is not available to employees with family members in the Regular Armed Forces. 18

19 *Examples of qualifying exigencies may include: Short-notice deployment; Military events and related activities; Childcare and school activities; Financial and legal arrangements; Counseling; Rest and recuperation; Post-deployment activities and/or; Additional activities If leave is requested for the birth, adoption or foster care placement of a child of the employee, leave must be concluded within one year of the birth or placement of the child. An employee is entitled to leave for one of these purposes for a minimum duration of two weeks per state law. However, on two occasions during the 12 month period the employee is eligible for leave in an increment less than two weeks but not less than one work day The maximum duration of combined leave for both a husband and wife working for the Town is limited to a total of twelve (12) working weeks if leave is taken for the birth or placement for adoption or foster care of the employees child If an employee requests leave for a qualifying exigency, the employee must provide sufficient information indicating that a family member is on active duty or has been called to active duty status, verifying that the requested leave is for one of the qualifying exigencies listed, and stating the anticipated duration of the absence An employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember is allowed to take 26 workweeks of leave during a single 12- month period to care for the covered servicemember with a serious injury or illness incurred in the line of duty, while on active duty, for which the servicemember is: (a) undergoing medical treatment, recuperation, or therapy; (b) otherwise in outpatient status and/or; (c) otherwise on the temporary disability retired list. As with leave for other FMLA-qualifying reasons, an employee on military caregiver leave is entitled to paid health benefits as if the employee continued to work Eligibility Employees are eligible for leave pursuant to this rule if the employee has been employed with the Town for at least 12 months and has been employed for at 19

20 least 1,250 hours during the 12-month period immediately preceding the commencement of the leave Notification Employees shall provide the Town as much notice as possible of their need for FMLA/CFRA leave on forms provided by the Human Resources Division. For a foreseeable leave not based on a qualifying exigency, an employee must give at least 30 days advance notice. If 30 days notice is not practicable, the employee must give notice as soon as practicable. If less than 30 days notice is given, the Town may require explanation of why 30 days advance notice was not practicable. If timely notice is not given, the period of delay may count as non-fmla absence. In addition, if an employee knows that he/she will need leave in the future, but does not know the exact date(s), the employee shall inform his/her supervisor of the estimated time when the leave will be needed. Violation of the provisions of this policy may result in a delay of the granting of the leave Employees may be required to periodically report on their status and intent to return to work Medical Certification Employees who request leave for their own serious health condition or to care for a child, parent, spouse, or registered domestic partner who has a serious health condition may be required to provide written certification from the health care provider of the individual requiring care. If the leave is for the employee s own serious health condition, the certification must include a statement that the employee is unable to work at all or unable to perform the essential functions of his/her position Employees must provide the certification prior to when the leave begins. If the leave is unforeseeable, certification must be provided within 15 calendar days after the notification of the need for the leave. Violation of the provisions of this policy may result in a delay of the granting of the leave until the required certification is provided If the Town has reason to doubt the validity of a certification, the Town may require a medical opinion of a second health care provider chosen and paid for by the Town. If the second opinion is different from the first, the Town may require the opinion of a third provider jointly approved by the Town and employee, but paid for by the Town. The opinion of the third health care provider will be binding. 20

21 If an employee requests leave intermittently (a few days or hours at a time) or on a reduced leave schedule for their own serious health condition, or to care for an immediate family member with a serious health condition, the employee must provide medical certification that such leave is medically necessary. Medically necessary is defined as a medical need for the leave and certifies that the leave can best be accomplished through an intermittent or reduced leave schedule The Town may seek re-certification upon expiration of the time period which the health care provider originally estimated, if the employee requests additional leave Designation It is the employer s responsibility to designate leave taken for an FMLA reason as FMLA qualifying. The designation can be made by the employer once it is determined that the leave was taken for a FMLA-qualifying reason If an employer does not properly designate leave, the employer may retroactively designate leave as FMLA leave with appropriate notice to the employee as required by the FMLA regulations provided that the employer s failure to timely designate leave does not cause harm or injury to the employee. In all cases where leave would qualify for FMLA protections, an employer and an employee can mutually agree that leave be retroactively designated as FMLA leave Use of Accrued Leaves Leave under this policy is unpaid. If an employee is on an upaid FMLA leave, they are required to use their accrued vacation, and personal or family sick leave, (until the leaves are exhausted) concurrently with FMLA/CFRA leave. Employees must use their accrued sick leave (until the sick leave is exhausted) concurrently with the leave if the leave is for the employee s own serious health condition. If an employee is on a paid leave such as Workers Comp, disability, Paid Family Leave, Pregnancy Disability, etc., employees may elect to use vacation, accrued sick leave and/or accumulated compensatory time to substitute for all or part of the otherwise unpaid leave under this policy If the employee takes a leave of absence for any reason which is FMLA/CFRA qualifying, the Town may designate that leave as running concurrently with the employee s 12- week FMLA/CFRA leave entitlement; provided that the Town will notify the employee at the time of the designation, and the designation will not be made retroactively except as provided by law. 21

22 11.7. Continuation of Benefits For the duration of the leave pursuant to this rule, the Town shall maintain its portion of the payment for the employee s health insurance premiums under its group health plan. The employee is still responsible for paying their share of supplemental or dependant coverage. The Town may require the employee to reimburse the Town for these costs for the entire leave period if the employee fails to return to work at the conclusion of the leave, provided that the failure to return to work is for a reason other than: (a) the continuation, recurrence or onset of a serious health condition; or (b) the Town Manager waives the requirement owing to some circumstances beyond the control of the employee Reinstatement Upon expiration of leave, an employee is entitled to be reinstated to the position of employment held when the leave commenced, or to a comparable position with equivalent employment benefits, pay and other terms and conditions of employment. An employee maintains these rights unless the former position is abolished during the period of leave and the employee would otherwise not have been laid off. Employees have no greater rights to reinstatement, benefits and other conditions of employment than if the employee had been continuously working during the leave period As a condition of reinstatement of an employee whose leave was due to the employee s own serious health condition, the Town will require a fitness-for-duty certification from the health care provider, certifying that the employee is able to resume work. Failure to provide such certification will result in denial of reinstatement Definitions For the purposes of this section, the following definitions apply. (a) (b) (c) (d) 12-Month Period: A rolling period measured backward from the date leave is taken and continuous with each additional leave day taken. Child: A child under the age of 18 years, or 18 years or older who is incapable of self-care in three or more of the instrumental activities of daily living, such as grooming and hygiene, bathing, dressing, eating, cooking, cleaning, taking public transportation, etc. Parent: The biological parent of an employee or an individual who stands or stood in loco parentis (in place of a parent) to an employee when the employee was a child. This term does not include parents-in-law. Spouse: A husband or wife as defined or recognized under California State law for the purpose of marriage. 22

23 (e) (f) Registered Domestic Partner : Domestic partners who are registered with the State of California. Serious Health Condition: An illness, injury, impairment, or physical or mental condition that involves: (1) any period of incapacity or treatment in connection with a hospital, hospice or residential medical care facility; (2) any period of incapacity requiring absence from work, of more than three full consecutive calendar days if the employee or family member is treated two or more times by a health care provider within 30 days from the first day of incapacity, absent extenuating circumstances, and the first visit has taken place within seven days of the first day of incapacity; (3) continuing treatment of a health care provider for a chronic or long-term health condition that is incurable or so serious that, if not treated, would likely result in a period of incapacity of more than three calendar days; or (4) for prenatal care by a health care provider. Continuing treatments include two or more visits to a health care provider; two or more treatments by a health care practitioner on referral from, or under the direction of a health care provider; or a single visit to a health care provider that results in a regimen of continuing treatment under the supervision of a health care provider. (g) Health Care Provider: A medical practitioner authorized to practice medicine in the State of California and performing within the scope of their practice as defined under state law, or as otherwise defined in the Family and Medical Leave Act In the event that a conflict arises between this article and federal or state law or regulations, or if some aspect of the Family and Medical Leave is not covered by this article, the federal and state law and regulations will prevail Americans with Disabilities Act Leave In the event an employee becomes disabled within the meaning of the Americans with Disabilities Act or other applicable disability laws and the Town is reasonably able to accommodate the limits or restrictions on that employee s ability to work, the Town will do so provided that the employee is qualified to perform the duties of a job that may be made available to him or her. In effectuating the provisions of this section and the duties of the law, the Town s efforts to reasonably accommodate the employee shall take precedence over and preempt any other conflicting provisions or limitations in MOUs or these personnel rules, provided that the Town will not terminate or permanently reassign any regular employee. The Town will notify the applicable labor association and, upon request by the association, meet with it to discuss reasonable accommodation questions affecting unit members prior to implementation. 23

24 Statement of Rule Pregnancy Disability Leave: Disabilities caused or contributed to by pregnancy, childbirth or related medical conditions, for all job-related purposes, shall be treated the same as non-service related disabilities caused or contributed to by other medical conditions, under any disability insurance or sick leave plan available in connection with employment. Written or unwritten employment policies and practices involving matters such as the commencement and duration of leave, the availability of extensions, the accrual of seniority and other benefits and privileges, reinstatement and payment under any disability insurance or sick leave plan, formal or informal, shall be applied to disability due to pregnancy, childbirth or related medical conditions on the same terms and conditions as they are applied to other such disabilities Procedure An employee whose attending physician has certified that she is physically incapacitated from performing her duties due to pregnancy or childbirth is eligible to take leave without pay for a reasonable period of time; provided, such period shall not exceed four months (120 calendar days). (a) (b) (c) (d) (e) An employee requesting pregnancy disability leave shall submit, in writing, her intent to take leave. The leave request shall indicate when or whether the employee intends to return to work. The request for pregnancy disability leave shall be submitted to the department director with a copy to the Administrative Services Director and be accompanied by a statement from the attending physician. In order to receive compensation while on disability leave, a full-time employee may elect to use any accrued sick leave consecutively in the beginning of the leave until the sick leave is exhausted and is then entitled to voluntarily use any accrued vacation, compensatory time or personal leave during the four-month period of leave time. Leave under this article is granted according to the health of the female employee. Leave for purposes of childcare after the employee is medically able to return to work shall be granted to the employee on the same basis as leave for other non-medical reasons. Upon expiration of the approved leave, the employee shall be reinstated to her former position, or to a comparable one with equivalent employment benefits, pay and other terms and conditions of employment if the former position is abolished during the period of leave and the employee would otherwise not have been laid off. Prior to the employee being reinstated, 24

25 the Administrative Services Director may require a statement from the attending physician that the employee is physically capable of resuming the regular duties of her position. Failure to return to work after the authorized four month leave period, unless extended via FMLA/CFRA leave, causes the pregnant employee to have no reinstatement rights Any period before and after birth where a mother is not able to work for medical reasons may be considered FMLA leave for a serious health condition In the event that a conflict arises between this article and federal or state law or regulations, or if some aspect of pregnancy disability law is not covered by this article, the federal and/or state law and regulations will prevail. 25

26 12. TRANSFERS A non-probationary Town employee with at least satisfactory appraisal ratings may request a transfer to a lateral or other lower level vacant position in the Town. The transfer request may be initiated by submitting forms as prescribed by the Administrative Services Department. The employee requesting a transfer must meet the minimum qualifications for the vacant position, and may be subject to interviews and other pre-employment processes specified by the Town. Following reasonable notice to Town employees, vacant positions may be filled through transfers rather than appointments from eligible lists The Town may initiate a transfer of disabled employees who qualify under applicable disability laws but cannot perform the essential functions of their jobs without reasonable accommodation. Such transfers will have priority over any eligibles on an existing eligible list. 26

27 13. LAYOFF AND RECALL POLICY Whenever in the sole judgment of the Town Council it becomes necessary to abolish any position that is held by a full time regular employee due to a reorganization, lack of work or funds, the employee holding said position may be laid off or demoted without disciplinary action and without the right of appeal. Whenever possible, employees will be given at least 30 days notice of any layoff When a layoff involves a position classification held by more than one person, layoffs will be made on a reverse order of seniority. Seniority will be determined by including all periods of full time regular service at or above the classification level where the layoff is to occur Persons laid off or demoted in accordance with this policy will have their names kept on a re-employment list for two full years from the date of layoff or demotion. The reemployment list will be used by the Town when a vacancy arises in the same or lower classification of position in the department where the layoff originally occurred before seeking promotional and/or general applications from others This policy does not apply to at-will employees. 27

28 14. EMPLOYEE SAFETY / VIOLENCE IN THE WORKPLACE General Safety Rules Safety is everyone's responsibility. All employees must use safe work practices and report any unsafe conditions that may occur. The Town also recognizes its responsibility to maintain safe workplaces All work-related injuries must be reported to the responsible supervisor. If there is any question regarding the appropriate supervisor, the report should be made immediately to the Administrative Services Director If a work-related injury may result in lost work time, the employee should be provided with a workers' compensation claim form within one (1) working day of the injury Individual departments may adopt specific safety rules applicable to their operations Policy Violence in the Workplace Policy Acts of violence, whether threatened, gestured, or carried out will not be tolerated in a workplace. Anyone witnessing or becoming the subject or victim of such behavior shall immediately report it to the proper authorities for investigation. Minimizing the threat of violence is a duty of all employees to ensure a safe workplace It is the responsibility of all employees to notify a supervisor, the Administrative Services Director, or the Police Chief immediately of any violent act or a threat, or if a violent act or threat against themselves or any other Town employee occurs in the workplace or is directly associated with their employment with the. Notification may be made to any of these persons as appropriate and shall be as soon as practicable. Retaliation or the threat of retaliation against a person who reports such an incident is unlawful and shall not be tolerated Town employees shall not possess the following instruments at a Town worksite or on Town property, including Town parking lots, unless there is a work- related purpose and written approval has been obtained from the employee s Department Head: (a) (b) Firearms Explosives or ammunition 28

29 (c) (d) (e) Fixed blade knives Folding knives with blades over 3.5 inches Illegal weapons such as defined in Section of the California Penal Code The Town shall take appropriate disciplinary action, up to and including termination of employment, against employees who violate this policy On a case by case basis, or as needed, the Town will offer incident- related counseling services through the Town s Employee Assistance Program (EAP), or any other resource or program made available by the Town, to employees who are the victims of violence or are subjects of threats of violence or intimidation at the workplace. The Town administration will work with public safety, the courts and other authorities necessary to assure employee safety Procedures - Imminent or Actual Violent Acts Employee Responsibilities: An employee who is in immediate apparent danger of a violent act, or another employee who witnesses a violent act or the threat of a violent act shall, whenever possible: (a) (b) (c) (d) (e) Place themselves in a safe location. Call the Police Department at and request the immediate response of a police officer. Be prepared to inform the police dispatcher of the circumstances and exact location of where an officer is needed. Inform a supervisor or manager of the circumstances. Refer media inquiries to the Town Manager s Office. Cooperate fully in any administrative or criminal investigation which shall be conducted within this policy and the laws Supervisor/Manager Responsibilities: (a) (b) (c) Place themselves in a safe location. A supervisor or manager who is informed of a violent act or the threat of a violent act, shall whenever possible ensure the immediate safety of employees and the worksite by calling the Police Department at , and notify the Department Head and Administrative Services Director. If feasible, the supervisor/manager shall have the involved individuals wait in separate rooms or locations until the police take control or remove them from the premises. 29

30 (d) (e) (f) (g) (h) (i) In consultation with the Town Manager, determine if it is appropriate to obtain a restraining order or other appropriate injunctive and/or other legal and/or equitable relief. Reassign/relocate personnel or job duties, if required. Terminate any business relationship. Any other action deemed by the Town to be necessary or required under the circumstances. Supervisors shall obtain basic information from the employee and provide this to responding police personnel. Refer media inquiries to the Town Manager s Office Procedures Future Violence (a) (b) Employees who have reason to believe they, or another Town employee, may be victimized by a violent act sometime in the future, at the workplace or as a direct result of their employment with the, shall inform their supervisor immediately so appropriate action may be taken. The supervisor shall inform his/her Department Head. Employees who have signed and filed a restraining order, temporary or permanent, against an individual due to a potential act of violence, who would be in violation of the order by coming near them at work, shall immediately supply a copy of the signed order to their supervisor and the Administrative Services Director. The employee shall also supply a copy of the signed order and proof of service to the Police Department Post-Incident Review (a) (b) The Town Manager s Office, the Administrative Services Department, the Police Department, and the affected department may conduct a post- incident review and use the review to evaluate this policy and procedure. The Town may determine what continuing support systems are needed and oversee post-incident activities. 30

31 15. APPEAL PROCEDURE This appeal procedure is intended to provide an avenue only for redress of complaints that the Town has in some manner violated these rules The appeal must be initiated within fifteen (15) calendar days of the facts giving rise to the appeal, and must be submitted to the Town's Administrative Services Director. The Director may, in his or her discretion, submit the appeal for response as the first step to a directly involved supervisor or other department representative Appeals must be in writing, signed by the affected employee(s) and allege that the Town has violated a specific provision of these rules. Appeals must contain the specific facts upon which they are based. Appeals that fail to include these elements may be rejected on that basis The Administrative Services Director, or the Director's designee, will review the appeal and shall serve notice of a written response within fifteen (15) calendar days of receipt of the appeal If the appellant is dissatisfied with the Town s first response, the appellant may submit an appeal to the Town Manager. The appeal must be received by the Town Manager within fifteen (15) calendar days of the Director's response The Town Manager, or the Manager's designee, will review the appeal and shall serve notice of a written response within fifteen (15) calendar days of receipt of the appeal. The Town Manager's decision shall be final No other grievance or appeal procedure may be used for matters within the scope of this appeal procedure Exhaustion of this appeal procedure is intended to provide an informal avenue for redress of complaints relating to these rules, and to give the Town an opportunity to investigate the complaint and correct any problems before they become more serious. 31

32 16.1. General Rules of Conduct 16. DISCIPLINE / GENERAL RULES OF CONDUCT It is expected that all employees shall render the best possible service and reflect credit on the Town. Therefore the highest standards of professional conduct are essential and expected of all employees Disciplinary Actions The may invoke the following types of disciplinary actions: (a) (b) (c) (d) (e) (f) Official Reprimand Suspension Without Pay Reduction in Pay Demotion Disciplinary Probation Discharge/Termination Grounds for Discipline Disciplinary measures may be taken for any good and sufficient cause. Town employees who are employed "at-will," or who are temporary or probationary, are not subject to the requirement of good cause, and are not entitled to pre-discipline procedures or appeals under these policies Good cause exists, not only when there has been an improper act or omission by an employee in the employee s official capacity, but when any conduct by an employee brings discredit to the Town, affects the employee s ability to perform his or her duties, causes other employees not be to able to perform their duties, or involves any improper use of their position for personal advantage or the advantage of others. The type of disciplinary action shall depend on the seriousness of the offense and the relevant employment history of the employee. Causes for disciplinary action against an employee may include, but shall not be limited to, the following: (a) (b) (c) Misstatements or omissions of fact in completion of the employment application or to secure appointment to a position with the Town. Furnishing knowingly false information in the course of the employee s duties and responsibilities. Inefficiency, incompetence, carelessness or negligence in the performance of duties. 32