Employee Handbook & Personnel Policy

Transcription

1 City of Buda Employee Handbook & Personnel Policy July 2013

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3 Table of Contents CHAPTER 1 - AUTHORITY AND ADMINISTRATION... 9 Section Authority... 9 Section Applicability of Personnel Policies... 9 Section General... 9 Section Scope of Policies Section Administration Section Dissemination of Personnel Policies and Available Consultation Section Policy Changes and Employee Suggestions CHAPTER 2 - RECRUITMENT AND EMPLOYMENT Section Recruitment Section Age Requirements Section General Qualifications for Employment Section Vacancies, Recruitment and Selection Section Introductory Period Section Promotion/Transfer Section Demotions Section Employment of Relatives (Nepotism) Section Medical or Genetic Records Section Verification of Eligibility to Work Section Driving Record CHAPTER 3 - COMPENSATION Section Pay Section Cost-of-Living Adjustments and Other Pay Increases Section Performance Appraisal Section Promotion of Employee Section Interim Status Pay

4 Section Lateral Transfer of Employee Section Demotion of Employee Section Pay Reduction for Disciplinary Reasons Section Reclassification Section Time Sheets and Time Cards Section Methods of Payment Section Payroll Deduction Section Classification Plan Section Overtime Pay Section Compensatory Time off in Lieu of Overtime Pay (Non-exempt) Section Compensatory Time for Exempt Employees Section Holidays Worked Section Call Out Duty Section Termination/Final Pay Section 3.90 Out of Office Work CHAPTER 4 - LEAVES Section Leaves in General Section Administrative Leave Section Bereavement Leave Section Court Leave Section Holiday Leave Section Leave of Absence Without Pay Section Family and Medical Leave of Absence Section Military Leave Section Sick Leave Benefits Section Vacation Section Sickness During Vacation Leave Section 4.65 Inclement Weather & Weather Emergencies Procedure

5 CHAPTER 5 - BENEFITS Section Benefit Eligibility Section Credit Union Section Deferred Compensation Plan Section Insurance Section Continuation of Insurance Coverage (COBRA) Section Retirement Section Tuition Reimbursement Section Workers' Compensation Insurance for On-the-Job Injuries Section Unemployment Benefits Section Wellness Incentive Program Section Sick Leave Employee donation CHAPTER 6 - EMPLOYEE RECORDS Section Required Notification of Change Section Access to Employee Personnel Files Section Employment Information Disclosure CHAPTER 7 - GENERAL RULES AND CONDUCT Section Personal Conduct Section Break Time for Nursing Mothers under the FLSA Section Gifts and Gratuities Section Attendance Section Personal Appearance and Dress Code City dress code policy Section Fitness Requirements Section Communication and Chain of Command Section Outside Employment and Moonlighting Section Political Activity Section Residency Policy and Emergency Response

6 Section Safety Section Travel Section Use of City Vehicles and Equipment Section Driver Policy Section Solicitation, Distribution, Notice Posting CHAPTER 8 - CITY COMMUNICATIONS & TECHNOLOGY POLICY Section Use of City Communication Systems Section Telephone Usage Section City Computers and Software Policy Section Internet/Intranet Section and Similar Person-to-Person Electronic Communication Section Digital Media and Social Networking Section Mobile Communications Devices and Cell Phones Section Personal Electronic Recording Equipment CHAPTER 9 - DRUG AND ALCOHOL POLICY Section Policy on Alcohol- and Drug-Free Workplace Section Definitions Section Regulations of Conduct Section Reasons for Drug and/or Alcohol Testing Section Notice of Testing Policy Section Refusal to Submit to Test Section DOT Regulations Section Types of Testing Section Supervisory Procedures Section Consequences of a Confirmed Positive Drug Test Result Section Consequences of a Confirmed Positive Alcohol Test Result Section 9.60 Return to work after treatment Section Follow-Up Testing After Treatment

7 Section Employee Self-Identification Section Rehabilitation Resources CHAPTER 10 - WORK ENVIRONMENT, DISCRIMINATION AND HARASSMENT Section Discrimination & Harassment and Other Inappropriate Workplace Behavior Prohibited Section Unlawful Harassment based on a Characteristic Protected by Law Section Inappropriate Harassment Section Mandatory Reporting Section Investigation Section Retaliation Prohibited Section Responsive Action Section Harassment Complaint Procedure Section Liability for Harassment Section Treatment of Persons with Disabilities Section Procedure for Requesting a Disability Accommodation Section Equal Employment Opportunity and Affirmative Action Section At Will Employment Section Weapons Policy Section Clean Air Policy CHAPTER 11 - EMPLOYMENT SEPARATION Section Resignation Section Retirement Section Abandonment of Position Section Reduction in Force or Lay-off Section Termination Section General Termination Procedures CHAPTER 12 - DISCIPLINE Section Counseling Section Oral/Written Warning

8 Section Written Reprimand Section Disciplinary Probation and Performance Improvement Plan Section Involuntary Demotion or Reduction in Pay Section Suspension Section Termination CHAPTER 13 - GRIEVANCES Section Grievances Generally and Subject Matter of Complaints Section Final Authority Section Grievance Procedure

9 EMPLOYMENT AT WILL STATEMENT Nothing contained in this Employee Handbook or in any other materials or information distributed by the City of Buda creates a contract of employment between an employee and the city. Employment is on an at-will basis. This means that employees are free to terminate their employment at any time, for any reason, and the city retains that same right. No statements to the contrary, written or oral made either before or during an individual's employment can change this. No individual Department Head, Supervisor, Manager or Officer can make a contrary agreement, except for the City Council or City Manager and even then, such an agreement must be set forth in a written employment contract with the employee. The policies in this Employee Handbook are intended for all employees of the City of Buda, its divisions, and subsidiaries. The City reserves the right to revise, change, or terminate policies or procedures at any time, with or without notice. Note: The contents of this manual are not and should not be construed as a promise of employment, continued employment or as a contract between the City of Buda and any of its employees. The City of Buda, at its option, may change, delete, suspend, or discontinue parts or the policy in its entirety, at any time without prior notice. Adopted, 2013 by the City Council of the City of Buda. Effective date:,

10 CHAPTER 1 - AUTHORITY AND ADMINISTRATION SECTION AUTHORITY The City, through the City Manager, reserves the authority to modify, revoke, interpret, or terminate any or all of the rules set forth in these policies, in whole or in part at any time. The issuance of these policies does not constitute an expressed or implied contract between the City and its employees. Supervisory personnel shall not and cannot make any representation to employees or applicants concerning the terms or conditions of employment with the City which are inconsistent with these policies. The City Manager is further delegated the authority to approve and establish department level policy books, intended to compliment, and as needed supersede, this policy, as necessary for the efficient and effective operation of the City. City policies are subject to the final approval and revision by City Council. The general and final authority for personnel administration rests with the City Manager. The City Manager may provide for an exception, revise or amend these policies and procedures to the extent he or she deems necessary in order to more effectively and efficiently promote the interests of the City and its employees, without City Council action; whoever, the City Council may, in its discretion, revise or modify such action by the City Manager. Supervisors and Department Heads are responsible for enforcing the provisions of these policies. City employees are responsible for complying with and adhering to these policies and for conforming to the directions provided by departmental management in the fulfillment of the policies. Because of the variety of services performed by the City, it may be necessary for individual departments to establish codes of conduct, rules and regulations, policies and standard operating procedures to accomplish departmental responsibilities in addition to these policies. All such departmental rules/policies may be more restrictive but not less restrictive than these policies. Departmental policies must be approved by the City Manager in writing. An employee who violates a departmental code of conduct, rule, policy or procedure is subject to disciplinary action up to and including termination. SECTION APPLICABILITY OF PERSONNEL POLICIES These personnel policies and procedures apply equally to all employees of the City unless a class of employees is specifically exempted. The Municipal Judge and the City Attorney are not covered by the terms of these policies. In cases where federal or state laws or regulations supersede local policy for specific groups of employees, such laws or regulations will substitute for these personnel policies only insofar as necessary to comply with applicable laws or regulations. Individual departments, with the approval of the City Manager, may establish internal policies. Where the individual department s policy book and this personnel policy conflict, the more restrictive will govern to the extent it complies with all applicable local, State and Federal laws. Where the individual department s policy book provides for a specific process or procedure, applicable in a situation which may also be covered within the city s policies, the department s policy shall apply instead of the city s policy. SECTION GENERAL 9

11 The success of the City and staff are directly related to understanding of how the City of Buda operates. The Employee Handbook contains general information and guidelines describing the City's working environment and personnel policies. It serves as a guide in making decisions in areas that directly affect all of us as employees. As policies are reviewed and revised, the Employee Handbook will be updated and changes will be communicated to you when they occur. You will want to keep the Handbook available for ready reference. SECTION SCOPE OF POLICIES The purpose of this Employee Handbook and the policies it contains is to promote understanding, cooperation, efficiency and unity in personnel management and administration, and to provide a set of basic uniform policies for all employees in all departments. To the extent that any provision of this Handbook conflicts with the provisions of Local Government Code Chapter 143, the latter will govern. This manual is designed to provide basic information regarding working conditions, employee benefits and policies affecting employment. Employees should read, understand and comply with all provisions of the manual. It outlines the programs developed by the City to benefit employees. The fundamental objectives of the policies and the administrative regulations are: A. To promote efficiency and responsiveness to the public and economy in the service of the City; B. To develop a program of recruitment and advancement which make service to the City attractive as a career and encourage each employee to render their best services to the City; C. To establish and maintain a plan of evaluation and compensation based upon the relative duties and responsibilities of positions within the City and to reward meritorious service; D. To establish and promote high morale among City employees; E. To take all reasonable actions to comply with all applicable statues and regulations; F. To regard planned training, continuing education and staff development activities as an investment for the mutual benefit of employees and the City; G. To communicate freely and to encourage communication from and among all employees; H. To provide a work environment that is conducive to both personal and professional growth; I. To promote an employee s right to be treated with respect, dignity and fairness; and J. To recruit, select, compensate and promote employees on the basis of qualifications and merit. SECTION ADMINISTRATION The City Manager is responsible for the administration of personnel policies. Supervisors and Department Heads are responsible for the day-to-day administration and enforcement of these policies. With the exception of matters of appointments and any other personnel actions reserved to the City Council by statute, charter or ordinance, final authority on appointments and personnel decisions is reserved by the City Manager. The City Manager may designate employees to carry-out responsibilities designated for the City Manager in this policy. 10

12 Each Department Head will be responsible to the City Manager for compliance with these guidelines. Approved changes will be incorporated into these guidelines and distributed to each department and all employees. These guidelines may be supplemented by administrative directives and procedural guidelines by the City Manager. Final authority for the administration and enforcement of the guidelines outlined in the City of Buda Employee Handbook is the responsibility of the City Manager. No individual Council member shall dictate the appointment or removal of any City employee whom the City Manager or any of his or her subordinates is authorized to appoint. SECTION DISSEMINATION OF PERSONNEL POLICIES AND AVAILABLE CONSULTATION The City Manager and/or his/her designee will be available to all City employees to discuss any provisions of the Employee Handbook. The Human Resources Department shall maintain the official set of personnel policies with all revisions for reference by employees and is responsible for providing a complete copy of this manual and copies of all subsequent revisions or policy changes to each employee. If a question arises about a particular policy, the official set of policies in the Human Resources Department should be consulted and will control. As a part of the initial orientation process, the City will provide a copy of the Employee Handbook and Personnel Policy to new employees. Upon receipt, each employee is required to sign an acknowledgement they have received a copy of the manual and accepts responsibility for knowing the contents. The acknowledgement form is filed in the employee s personnel file. The failure to sign and return an acknowledgement form is grounds for termination. SECTION POLICY CHANGES AND EMPLOYEE SUGGESTIONS These policies may be amended or revised or new policies may be added at any time, with or without notice, upon the approval by the City Manager, subject to review and oversight by City Council. In addition, the City Manager (or his/her designees) and City Attorney may conduct a review of the policies contained in this manual and submit any necessary or recommended changes to City Council for approval. Employees are encouraged to make constructive suggestions for improvements to these policies or to work procedures or conditions. Any employee who wishes to suggest a personnel policy change should submit their suggestion(s) in writing to Human Resources consideration. Employees are responsible for maintaining current knowledge and understanding of all personnel policy changes and for requesting clarification or assistance when needed. Supervisors and employees are to be provided copies of changes to these policies by the Department Head as soon as practicable. 11

13 CHAPTER 2 - RECRUITMENT AND EMPLOYMENT SECTION RECRUITMENT All employee recruitment activities are to be conducted in a manner consistent with the policies of the City of Buda and applicable State and Federal laws. Recruitment activities are performed in compliance with Federal Equal Employment Opportunity Regulations. When public announcements of position openings at the City are used and competitive consideration will be given, the announcements are disseminated in the manner most appropriate for the particular position being filled, as determined by the City Manager. Supervisors wanting to fill job vacancies from within their departments must submit relevant information about the position to the City Manager and/or his/her designee ( Human Resources). The length of time during which applications will be accepted will be determined by the City Manager or his/her designee in accordance with the circumstances that exist at the time. SECTION AGE REQUIREMENTS Individuals must be eighteen (18) years of age to be employed by the City in a regular position or in any position requiring the operation of a motorized vehicle or equipment owned by or operated on behalf of the City of Buda. Persons under the age of eighteen (18) years of age but at least sixteen (16) years of age may be employed in temporary positions, provided they furnish the City with proof of age in the form of a valid driver license or identification issued by the Texas Department of Public Safety. SECTION GENERAL QUALIFICATIONS FOR EMPLOYMENT The City maintains a job (class) description which establishes the required knowledge, skills, abilities and compensation for each staff position and the acceptable levels of experience and training for each. The job description sets forth the minimum acceptable qualifications to fill the position. SECTION VACANCIES, RECRUITMENT AND SELECTION The individual departments will announce position vacancies. The City will seek to obtain the most capable person available to perform a particular job without regard to race, religion, color, sex, age (over forty), disability (if otherwise qualified), or national origin. The City has several methods of recruiting and selecting persons to fill vacancies: 1. Promotion from within; or 2. Transfer from within; or 3. Public notice (including media announcement, Internet web sites such as TML and ICMA, related professional/trade websites, Texas Workforce Commission and posting of notice for City employees) and competitive consideration of application for employment. 4. Referral from a job training program; or 12

14 5. Selection from a valid current eligibility list of applicants. (A valid current eligibility list is a record of applications for the same or a similar position for which recruitment was conducted within the preceding 18 months.) The City Manager determines the method of selection to be used in filling each vacancy. However, the City Council must have approved funding for a position before recruitment begins. The Human Resources Department will review all applications for completeness and required qualifications (degrees, licenses, certificates, etc.). Applicants may be disqualified for any of the reasons listed below: The application is incomplete. The applicant has not met the posted deadline for filing the application. The applicant lacks the minimum qualifications necessary to perform the duties of the position. The applicant has made a false statement or has omitted a material fact on the application form or supplemental sheets. The applicant has committed or attempted to commit a fraudulent act at any stage of the application process. The applicant is physically or mentally unfit to perform the essential duties of the position, even with reasonable accommodation. The applicant has been convicted of a crime that could conflict with the duties of the position for which he/she has applied. All applicants for positions requiring operation of a motor vehicle must meet the requirements of the City's Driving Policy. (See Section 7.80, Driver Policy) Failure to pass pre-employment drug screen under the City s Drug and Alcohol Policy. Placement of the applicant would violate the City's Nepotism Policy. The applicant was terminated by the City of Buda and is not eligible for rehire. Placement of the applicant would violate the City's Age Requirement Policy (See Section 2.20, Age Requirements). The applicant is not in compliance with the Immigration Reform Act of I-9 documentation is required within 3 days of hire. Failure to pass a pre-employment background check (and credit check where applicable). Human Resources will perform the initial screening of applications to determine those applicants who meet the required qualifications. The Department Head and/or Human Resources will interview qualified candidates for any position and recommend an applicant. The Department Head will advise Human Resources of their choice for City Manager to issue final approval. 13

15 SECTION INTRODUCTORY PERIOD Before an individual begins performing his or her actual duties, he or she normally will be given a brief orientation session, conducted through their respective department or as directed by the City Manager. The purpose of the session is to enable a new employee to understand his or her job better, as well as that position s relationship to the overall operation of the City. NOTICE TO NEW EMPLOYEES You may elect to retain your common law right of action if, no later than five days after you begin employment or within five days after receiving written notice from the employer that the employer has obtained coverage, you notify your employer in writing that you wish to retain your common law right to recover damages for personal injury. If you elect to retain your common law right of action, you cannot obtain workers compensation income or medical benefits if you are injured. All employees will be required to successfully complete a six (6) month introductory/probationary period. The Supervisor will discuss and outline performance expectations and will closely observe, evaluate, and counsel the employee regarding any performance weaknesses. A formal evaluation will be conducted at six (6) months. Periods of lost time such as leave of absence, sickness, etc. will extend the Introductory Period so that the Supervisor has a full six (6) months to evaluate performance. Department Heads have the ability to extend the evaluation period but not to exceed an additional six (6) months. It shall be the responsibility of the Department Head to notify appropriate personnel of such extension. In the event the employee's job performance in the new position is unsatisfactory or the employee is found to be unqualified to perform the duties of the position, the employee may be relieved of duties in that position by termination. SECTION PROMOTION/TRANSFER A promotion is the assignment of an employee from a position in one job classification to a position in another job classification having higher pay. Employees are encouraged to develop their qualifications and apply for positions for which they qualify. A lateral transfer is a voluntary or involuntary assignment of an employee from one position to another position in the same pay classification in the same or different department. Department Heads may, with the prior approval of the City Manager, transfer employees to other positions if the employee is qualified to perform duties of the position (See Section 3.25, Lateral Transfer of Employee). SECTION DEMOTIONS A demotion is the voluntary or involuntary assignment of an employee to a position with lower pay. A demotion requires the approval of the Department Head and the City Manager. The salary of a demoted employee will be adjusted according to the City's compensation policy (See Section 3.30, Demotion of Employee). SECTION EMPLOYMENT OF RELATIVES (NEPOTISM) Nepotism is the showing of favoritism toward a relative. For any hiring after the effective date of this policy, the City forbids the practice of nepotism or co-habitation based favoritism in hiring personnel or awarding contracts. Co- 14

16 habitation is the act of residing in the same living space or residence. Co-habitation of related and/or unrelated city employees may create financial or other dependency between the employees and allow controversy outside of the workplace to create tensions within the workplace negatively impacting the city s ability to provide effective and efficient services to the public. Co-habitation, similar to nepotism, can cause inappropriate favoritism in the workplace. Therefore, the City regulates both co-habitation as it does nepotism. A person is not eligible for employment who either cohabitates with, or is related within the second degree by affinity (marriage) or within the third degree by consanguinity (blood) to any employee that will directly or indirectly supervise the position, a member of the City Council (including the Mayor) or to the City Manager. In the event that a change in relationship status (i.e. marriage) or residency (i.e. co-habitation) places employees in violation of this policy, they must report the matter to the City Manager immediately. The affected employees will be given the opportunity to decide which of them will resign or transfer to a different department, if possible. If the employee(s) with a change of relationship status fail to make this election within thirty (30) calendar days, the employee with the shorter length of service with the City will be transferred or terminated. In the event of a cohabitation, the City Manager shall evaluate the circumstances and determine whether the co-habitation has a foreseeable impact on the ability of the city to maintain an efficient and effective workplace and determine the appropriate safeguard, which may include transfer, reassignment and/or termination. The City Manager can authorize exceptions resulting from a change in department structure or scope beyond the control of the employees affected. The following charts show: Affinity Kinship (relationship by marriage) Consanguinity Kinship (relationship by blood) for purposes of interpreting nepotism as defined in VTCA Government Code, Chapter 573,

17 Affinity Kinship Relationship by Marriage Consanguinity Kinship Relationship by Blood 16

18 SECTION MEDICAL OR GENETIC RECORDS All records relating to the medical condition, medical testing, or drug testing of an employee or prospective employee are maintained separately from employee personnel files. These medical files are confidential and will not be released to anyone without the written consent of the employee or as necessary to comply with any subpoena, judicial order or legal process requiring the City to release such records. All records of an applicant or employee s genetic information, as that term is defined by the Genetic Information Nondiscrimination Act, shall be treated as confidential and maintained in a separate medical file. SECTION VERIFICATION OF ELIGIBILITY TO WORK In order to comply with the Immigration Reform and Control Act of 1986, each new employee will be required to complete and sign an INS Form I-9 prior to employment confirmation to provide proof of his or her identity and employment eligibility. Each employee will also need to provide their State ID or license and their original social security card. Section 3.05 Example: A regular employee makes $25,000 per year. That employee s hourly rate and payroll would be calculated as follows: Hourly Rate = $25,000/2,080 = $12.02 Payroll = Hourly rate x hours worked in pay period Payroll = $12.02 x 80 = $ SECTION DRIVING RECORD Sworn law enforcement personnel are calculated Every City employee that is required to drive a city vehicle is in a similar manner, except based on 2,184 required to possess a valid Texas driver license. Current and regular work hours per year. future employees are subject to the Driver Policy contained in Section The City will check a prospective employee s driving record. For this reason, any offer of employment will be contingent upon verification that the prospective employee has maintained a safe driving record. CHAPTER 3 - COMPENSATION The City makes a concerted effort to provide a competitive compensation and benefits program. Sections 3.05 and 3.55 do not apply to the police department as hours for this Department are calculated at 2,184 per year. Each employee is paid in accordance with duties and responsibilities. Periodic surveys of the labor market will be conducted to maintain competitive pay. SECTION PAY Pay for City employees is set each year by the City Council in the adopted City operating budget. Employees will be paid in accordance with the City s comprehensive compensation plan, which may include one (1) or more schedules, approved by the City Council. Hourly rates are used in the actual calculation of payroll for non-exempt employees. The formula for calculating hourly rates is as follows: Annual Salary divided by 2,080 hours (regular work hours per year) 17

19 Payroll = Hourly rate x 80 hours in pay period SECTION COST-OF-LIVING ADJUSTMENTS AND OTHER PAY INCREASES No pay increase is guaranteed. Employees must realize that pay increases are a matter of budget and/or City Council approval. During budget preparations for the upcoming fiscal year, the City Council may authorize a cost-of-living pay increase or other pay increase. Once salary grades and classifications are determined, if an employee happens to reach the salary maximum the employee may not qualify for a pay increase. Pay increases will be prorated if the employee has been employed less than one (1) year. SECTION PERFORMANCE APPRAISAL The work performance of each regular employee will be evaluated at the end of the introductory period and annually as determined by the City Manager. The purposes of the performance appraisal (evaluation) program are to: 1. Coach and counsel the employee regarding job performance, 2. Serve as input for pay increases, subject to funding availability and City Manager approval, and 3. Identify development needs and employee/employer goals. The Performance Appraisal Program is administered by Department Heads, subject to City Manager approval. SECTION PROMOTION OF EMPLOYEE A promotion is a change in the duty assignment of an employee which results in advancement to a higher paying position requiring higher qualifications and involving greater responsibility. A promoted employee will receive a pay increase determined by Human Resources and/or City Manager. SECTION INTERIM STATUS PAY Any employee who is temporarily assigned to serve and actually serves in a higher-level position for two consecutive weeks or more may be compensated for the additional duties and responsibilities of the higher position. Pay may be commensurate with the beginning pay of the applicable pay range or a five percent (5%) increase, whichever is greater. The employee must be qualified to perform and must actually perform the range of duties of the higher position required during the temporary assignment in order to be eligible for the additional compensation. Approval must be obtained from the City Manager or his/her designee prior to authorization being granted and new responsibilities are performed. SECTION LATERAL TRANSFER OF EMPLOYEE A lateral transfer is the movement of an employee between positions in the same level of pay within the City. Lateral transfers may be made within the same department or between departments of the City. An employee will not receive a pay reduction when making a lateral transfer, provided that the employee s current salary is within the range approved by the City Council for the transfer position. If a position is reclassified but remains assigned to the same pay, no pay adjustment will take place. 18

20 Lateral transfers may be subject to an Introductory Period (See Section Introductory Period). SECTION DEMOTION OF EMPLOYEE A demotion is a change in duty assignment of an employee to a lower paid position with less responsibility. Demotions may be made for the purpose of voluntary assumption of a less responsible position, as a result of a reclassification of the employee s position, as a disciplinary measure, or because of unsatisfactory performance in a higher position. A demotion may involve a decrease in pay. Chapter 12 contains additional detail regarding demotion and/or reduction in pay resulting from a disciplinary measure. If a position is reclassified downward because of changes in the City s needs and not because of a performance problem on the part of the employee, every attempt will be made to maintain the employee s salary at its prior level. However, if the reclassification is made because of an employee s performance problems, the employee s pay must be adjusted downward to reflect the revised duties. SECTION PAY REDUCTION FOR DISCIPLINARY REASONS An employee s pay for continued problem performance in the same position may be reduced, as a disciplinary measure, to a lower rate. Chapter 12 contains additional detail regarding demotion and/or reduction in pay resulting from a disciplinary measure. SECTION RECLASSIFICATION A job or position reclassification is the result of an evaluation to determine the levels of knowledge, skill, abilities, responsibilities, and working conditions required. An employee whose position is reclassified may receive a promotion, demotion or no change in compensation and may be subject to an Introductory Period based on changes in the job. SECTION TIME SHEETS AND TIME CARDS All non-exempt employees are required to record their exact hours of work by completing a time sheet for each pay period. The employee should check the time sheet carefully to assure it is accurate before signing and submitting it to his/her Supervisor. An employee should not sign his/her sheet if he/she does not believe it is correct. Employees are responsible for time reflected on their time sheets. Any falsification of hours can lead to disciplinary action up to and including termination. Public Works and Parks & Recreation employees, with the exception of exempt employees, are required to clock in and out where the Department Head has designated. SECTION METHODS OF PAYMENT A pay cycle is completed every two (2) weeks with payday the following Friday. If a payday falls on a holiday, paychecks will be issued the last workday prior to the holiday. Department Heads are responsible for distribution of payroll checks/stubs. Employees should check their paycheck and paycheck stub to assure that the hours, pay rate, and deductions are correct. Paychecks will be distributed to employees only. Exceptions may be made with proper written authorization. 19

21 The City encourages employees to enroll and elect to have their paychecks deposited into financial institutions of their choice. Regular paychecks (or paystubs if direct deposit is chosen) will not be issued other than on the days set except as necessary resulting from holidays. Paychecks (stubs) are delivered to each department on designated paydays and it is a Supervisor s responsibility to ensure they are properly distributed within the department. The City will do everything in its power for employees participating in the direct deposit program to have funds available by the morning on which the payday falls. No salary advances or loans against future salary will be made to any employee for any reason. In the unlikely event that there is an error in the amount of pay, the employee should promptly bring the discrepancy to the attention of the payroll department and their immediate Supervisor, so that corrections can be made as quickly as possible. If the employee has been underpaid, the City of Buda will pay the employee the difference as soon as possible. If the employee has been paid in excess of what he or she has earned, the employee will need to return the overpayment to the City as soon as possible. No employee is entitled to retain any pay in excess of the amount he or she has earned according to the agreed-upon rate of pay. If a wage overpayment occurs, the City may elect to regard the overpayment as an advance of future wages payable and will deduct it in whole or in part from the next available paycheck(s) until the overpaid amount has been fully repaid. SECTION PAYROLL DEDUCTION Deductions will be made from each employee s pay for the following: Federal Social Security Federal income taxes Medicare Texas Municipal Retirement System contributions (for full-time and applicable part-time employees) Court-ordered child support Any other deductions required by law In accordance with policies and general procedures approved by the City Council, deductions from an employee s pay may be authorized by the employee for: Group health/medical/dental/life insurance for employees and dependents, Such other deductions as may be authorized by City Council or City Manager and/or his/her designee. If there is a change in the employee s family status, address, or other factor affecting his or her payroll withholding or benefit status, the employee is responsible for obtaining, completing, and returning to the Human Resources Department the appropriate forms for communicating these changes. SECTION CLASSIFICATION PLAN In classification plans each position is assigned to a pay grade based upon the principle of equity among positions requiring similar knowledge, skills, and abilities and having similar levels of responsibility, as well as market factors. Pay ranges for each pay grade are established by a compensation plan, which may be recommended by the City Manager 20

22 and approved by the City Council as part of the budget. Within the general guidelines of the compensation plan and the budget, the City Manager is authorized to determine the appropriate pay grade to which each position is allocated and the pay to which the particular employee is assigned. Should the City Manager establish such a program, he/she will develop necessary policies & procedures. SECTION OVERTIME PAY For overtime pay purposes, a work period will be seven (7) days in length (excluding the Police Department) beginning on Saturday and ending on Friday unless otherwise authorized by the City Manager on a departmental basis. The Library has a Monday Sunday schedule. Employees are required to work overtime hours when necessary at the request of their Supervisor. Employees will work overtime hours only with the ADVANCE approval of their Supervisor. Non-exempt employees (excluding the Police Department) must either be paid overtime or receive compensatory time off for time worked in excess of the normal forty (40) hour week, defined as hours actually worked. It shall be the Department Head s discretion as to whether employees receive overtime pay or compensatory pay. Overtime pay and compensatory time are calculated at one and one-half (1 ½) times the regular hourly rate. In order to be paid, overtime hours must be fully documented on departmental time sheets and authorized by the Supervisor and Department Head. Scheduled holidays, authorized bereavement leave, and jury duty will be considered hours worked for purposes of calculating overtime. Except where otherwise stated within this policy vacation leave, unscheduled absences or time off for sickness, medical leave of absence, compensatory time off, injury leave, administrative leave, emergencies or other personal reasons will not be considered time worked for overtime purposes. Only the number of hours worked in excess of 40 in the week will be paid one-half (1 ½) times the regular hourly rate. Non-exempt employees are not to remain on work premises without authorization unless they are on duty or scheduled to work. "Call Out" hours will be paid in accordance with Section On Call Duty. The City of Buda has declared uniformed sworn law enforcement personnel, pursuant to Section 207(k) of the Fair Labor Standards Act (FLSA), shall operate on a 28 day work period for overtime purposes. Law enforcement personnel who work more than 168 hours during this work period will be paid one and one-half (1 ½) times their regular hourly rate for all such excess (overtime) hours. Section 3.60 Example: A regular non-exempt employee works 45 hours from Saturday through Friday (a work period). This results in 40 regular hours and 5 overtime hours. When credited as compensatory time rather than overtime pay, it is credited as follows: 5 overtime hours x 1.5 = 7.5 hours of comp time Section 3.55 Example: A regular employee makes $12 per hour, but works 45 hours from Saturday through Friday (a work period). This results in 40 regular hours and 5 overtime hours. $12 x 40 hours = $480 regular/straight pay Overtime rate = $12 x 1.5 = $18 per hour $18 x 5 overtime hours = $90 overtime pay SECTION COMPENSATORY TIME OFF IN LIEU OF OVERTIME PAY (NON-EXEMPT) Total Pay for work period = $480 + $90 = $570 Compensatory time off may be granted to non-exempt employees worked over forty (40) hours in a week. 21

23 Compensatory time is to be documented and authorized on the employee's timesheet. Compensatory time is calculated as overtime (above) but is banked to take as leave at a later date. In addition, a non-exempt employee cannot carry more than eighty (80) hours of compensatory time off on the day before the fiscal year ends unless otherwise approved by the City Manager. It is the Department Head s responsibility to effectively manage compensatory time off and overtime in a manner consistent with this policy throughout the year while insuring department operations are maintained. If an employee exceeds this amount, he/she, in conjunction with the applicable Supervisor, must develop a reduction plan to reduce compensatory time off to below eighty (80) hours. SECTION COMPENSATORY TIME FOR EXEMPT EMPLOYEES Exempt employees are entitled to compensatory time off for hours worked beyond 40 in a work period. Compensatory time shall be calculated at the rate of one-for-one for each hour past 40 hours worked. An employee shall not be permitted to accumulate a balance of more than eighty (80) hours of compensatory time off on the day before the fiscal Section 3.67 Example: A regular employee makes $12 per hour, and the particular work period includes a paid holiday. Assuming the employee physically worked for 32 hours (4 8-hour days), it is treated as 40 hours for the purpose of determining overtime or compensatory time. If that employee is asked to work for 4 hours on the holiday, those 4 hours would be paid out as overtime (Section 3.55) or compensatory time (Section 3.60). If that same employee had only physically worked 28 hours, it would be treated as 36 hours for the purpose of determining overtime or compensatory time. If the employee is asked to work for 4 hours on the holiday, those 4 hours would be paid out as regular time, since that would bring the total to 40 hours. year ends unless otherwise approved by the City Manager. In the case of an emergency situation or exemption the City Manager has the authorization to grant an exemption. Those employees whose balances exceed the maximum accumulation on the date of adoption of this policy must use leave beyond the maximum accumulation level within two (2) years of adopting this policy. By the end of the first year it is recommended employees reach one hundred (100) hours or below, second year employees should be at the eighty (80) hours or below. If balances exceed the maximum accumulation following the two (2) year transition period, then compensatory time in excess of the maximum accumulation will be lost. It is the Department Head s responsibility to effectively manage compensatory time off and overtime in a manner consistent with this policy throughout the year while insuring department operations are maintained. Eligible activities for exempt employee compensatory time include the actual time in a City Council meeting, City Board or Commission meeting, City Committee meeting, or other work-related activity approved by an employee s Supervisor. Ineligible activities include volunteer activities and non-required professional events. Work after hours shall only be eligible for compensatory time with prior approval of the employee s Supervisor. SECTION HOLIDAYS WORKED Each employee receives a specified number of paid holidays per year, as adopted by City Council each year. As stated in Section 3.55, a holiday is treated as hours worked. In most cases, if a regular non-exempt employee is required to work 22

24 a holiday, they will be paid regular pay or overtime pay/compensatory time in accordance with 3.55 and 3.60, depending on the number of hours worked during their pay period. For employees who work Monday through Friday, the designated holiday is observed by the City. For employees whose schedule is different, the scheduled holiday is the actual holiday on the calendar unless otherwise approved by the City Manager. A paid holiday is considered in the same manner as hours worked for the purpose of determining when an employee has reached their maximum allowable hours (40 hours per week for most employees). SECTION CALL OUT DUTY All employees may be called to report for duty outside of normal duty hours. Some employees may be assigned on-call, required by their Department Head to be available by physical or electronic means to respond to call-out after normal duty hours. Employees who are on-call are not to remain at their work site. Employees may be subject to disciplinary action for failing to report to work. Assigned on-calls are done on a weekly basis. Employees assigned on-call may receive additional compensation as approved in annual budget. If called, they will be paid regular pay or overtime pay/compensatory time in accordance with 3.55 and 3.60, above, depending on the number of hours worked during their pay period. In such a call-out circumstance, the employee will be paid for a minimum of two hours of work when called to duty. However, if sequential calls are received during the period of time the work is being performed (the employee is still on an active call-out) an additional two hours call out will not be paid. Due to the nature of some positions, some employees will need to be on-call at times. Employees will be told prior to accepting a position that it requires that they be assigned on-call at times. Notwithstanding the above minimum number of hours paid for a call-out, employees will only be paid for on-call time that they are physically performing the duties of their position and any hours spent on-call while not physically performing the duties of that position will be unpaid. See also Section 7.60 regarding emergency response. SECTION TERMINATION/FINAL PAY Upon termination of employment, departing employees will be paid for all unused vacation time, up to 200 hours, and compensatory time which was accumulated at the time of termination. Uniforms, keys, vehicles and other City-owned equipment must be returned in good condition to the employee s Supervisor prior to the separation. If a terminating City employee fails to return City-owned equipment or property to the City before his/her final paycheck is issued, the value of the property or equipment will be deducted from the final pay, with the balance of the final check to be paid after the employee returns the equipment or property to the City, if a wage deduction agreement is on file with Human Resources. Authorized deductions, which include appropriate withholding taxes, retirement system contributions, etc., will also be withheld from the departing employee s final paycheck. Employees who depart prior to the completion of the six (6) month probationary period (or 12 months if the probationary period is extended) shall not receive payment for unused vacation. Final paychecks shall be issued on the next normal pay date for employees who resign or retire. Final paychecks for employees who are terminated shall be issued as required by State law. See also Chapter 11 regarding employment separation. 23

25 SECTION 3.90 OUT OF OFFICE WORK Any work performed out of the office such as working from home, while on vacation, while on sick leave, while on unpaid leave, and so forth shall need prior approval from the immediate supervisor before any work is eligible for compensation. Otherwise, such work shall be deemed in violation of this policy and subject disciplinary action. Work performed shall include but not limited to checking and responding to s, voic s, texts, social media and the like, and answering and responding to phone calls, if such actions are part of the employee s normal work duties. Section 3.90 Example: A regular employee takes four days of sick leave because she has the flu. While she is out, her coworkers and other individuals with whom she communicates as part of her job call and her. Not wanting to fall behind or leave anyone without assistance, she responds to these calls and s while she is on sick leave, but does not get prior approval from her supervisor. She then requests regular pay for the time that she worked while she was on leave. The employee is paid for the time that she worked, but also disciplined for performing work out of the office without prior approval from her immediate supervisor, in violation of Section When out of the office on leave, an employee should actually be on leave, and not volunteer their services. Any work should wait until the employee s return unless the supervisor has approved it beforehand. 24