Consideration and Adoption of  Ordinance No. 2013-09:  An Ordinance adopting that Public Document entitled 2013 Addendum 5 of the Flagstaff Employee Handbook Regulations by reference.

Update to Article 1-50 of the Employee Handbook of Regulations related to leaves. Some changes are required due to changes in state law or federal laws.  For example, the federal Family Medical Leave Act has been amended to provide for leaves to take care of certain matters when a service member is deployed to a foreign country, and to provide leave to take care of injured service members or veterans. Other changes such as the proposed Purchase Day Program are being requested by City employees. Many of the changes simply incorporate existing practiices and procedures. Also, many of the changes simply are an effort to make the Handbook easier to read, such as centralizing general definitions in one location. 

The employee leaves are part of the total compensation package offered to employees.

Effective Governance.

City Council discussed this item at the April 2, 2013, City Council meeting. Additionally, on April 16, 2013, City Council read and adopted Resolution No. 2013-08 and held first reading of Ordinance No. 2013-09.

1) Adopt recommended changes; 2) Provide alternate language for adoption; 3) Recommend different types of leave; 4) Recommend changes to existing types of leave

The Addendum 5 draft was sent out to all employees for comment on October 5, 2012, reviewed with Leadership on October 17, 2012 and the Employee Advisory Committee on October 24, and November 7, 2012.  The draft was also reviewed by outside employment counsel and the City's Civil Legal staff.

The Human Resources staff conducted a comparison of leave benefits with the other Arizona benchmark organizations using the 2013 League of Arizona Cities and Towns survey and found the following:

• The City Holidays are equal to 39% of the benchmark organizations.  There are 44% organizations that provide less holidays (e.g. one floating holiday) and 17% of organizations that provide more holidays.  This calculation does not account for the special holidays the other organizations may provide to certain groups within their organization such as Police or Executives.
• The City non-exempt vacation leave is less than 93% of the benchmark organizations. This is consistent until 20 to 24 years of service when many of the benchmark organizations max out for vacation.  At the 20 to 24 years of service the City is less than 50% of the benchmark organizations.  At 30 years or more of service the City is less than 29% of the benchmark organizations.  The benchmark organizations vacation leave accrual is more comparable to the exempt vacation leave.
• The City sick leave is equal to 79% of the benchmark organizations.  There are 14% of organizations that provide more sick leave accrual and 7% that provide less.  71% of the benchmark organizations provide a higher number of hours to be carried over and 21% allow an equal amount when compared to the City. 58% of benchmark organizations provide a better pay out when compared to the City.  These other organizations provide payouts to employee groups other than retirees and those employees who have completed 20 years of service.  There are 14% of organizations that provide an equal payout benefit.   

Changes to the Employee Handbook of Regulations ("Handbook") Article 1-50 regarding leaves are highlighted in yellow.  The highlights capture City practices that had not been memorialized in the Handbook and suggested changes.  The following is a summary of the changes:

1-10-011 General Definitions: This is a new section that will be added to Article 1-10 General Provisions and it contains definitions for terms found throughout the Handbook.

1-50-010 Holiday Leave: This policy has been revised to include specific definitions; changed holiday pay to holiday leave to be more consistent with other leaves; added language on part-time pro-ration, use of leave in fifteen minute increments, need for a leave of absence form, the floating holiday is forfeited upon termination and holiday compensatory time is paid out at termination in order to memorialize current City practices; recommend that employees may use floating holiday after submitting a notice of resignation with supervisor approval; and provide a link the Arizona Revised Statute that list the holidays for all subdivisions of the state of Arizona.

1-50-020 Vacation Leave: The policy has been revised to include the percent of vacation accrued each pay period; the maximum vacation hours; the vacation accrual rates for Commissioned Fire employees;  added language on part-time pro-ration, use of leave in fifteen minute increments, and the need for a leave of absence form in order to memorialize current City practices; and recommend that employees may use vacation leave after submitting a notice of resignation with supervisor approval.

1-50-030 Sick Leave: The policy has been revised to state the maximum of sick leave in hours; added language on part-time pro-ration, use of leave in fifteen minute increments, the need for a leave of absence form and allowing an employee to change vacation to sick leave when becoming injured or ill during vacation in order to memorialize current City practices; aligned one hour notice for all City employees rather than having one standard for shift personnel and another standard for non-shift personnel; clarified when the City would request an employee provide medical documentation for the use of sick leave; and included information about Family Medical Leave and the Americans with Disability Act policies.

1-50-031 Dependent Sick Leave: The policy has been revised to align one hour notice for all City employees rather than having one standard for shift personnel and another standard for non-shift personnel; added language regarding light duty, use of leave in fifteen minute increments, the need for a leave of absence form and confirmed dependent sick leave is a part of sick leave accrual to memorialize current City practices and clarified when the City would request an employee provide medical documentation for the use of dependent sick leave.

1-50-032 Personal Leave: The policy has been revised to align one hour notice for all City employees rather than having one standard for shift personnel and another standard for non-shift personnel; added language regarding use of leave in fifteen minute increments, the need to notify the next level of supervision if the immediate supervisor is not available, the need for a leave of absence form and confirmed personal leave is a part of sick leave accrual to memorialize current City practices.

1-50-033 Purchase Day Program: This is a new policy that allows full-time benefit eligible employee to purchase ten additional days of paid time off.  The employee commits to purchasing additional time off during open enrollment through a Section 125 election and the cost is deducted from the employee's pay check for the 24 pay period of the fiscal year.  Employees must use the additional time by June 30th or will lose it. 

1-50-050 Family Medical Leave:  This policy was an employee directive and is being added to the Handbook to replace the previous Maternity Leave policy.  There has been some additions to the policy to reflect the most recent changes made by the Department of Labor such as language regarding covered active duty, covered veterans, and covered adult son or daughter. Domestic Partner has also been added to align with the City's policy.  Added language regarding the use of leave in fifteen minutes increments, the need for documentation when returning to work, thirty one days to complete re-enrollment paperwork and clarification of ability to convert voluntary life insurance to memorialize current City practices.  Included language regarding short-term disability since it's a new voluntary benefit and FMLA leave effects benefit eligibility. 

1-50-060 Military Leave: This policy has been revised to include additional Uniformed Services Employment and Reemployment Rights Act (USERRA) information; clarify the need for a leave of absence form, the effects of leave on the employee 's benefits and the requirement of a personnel action form to memorialize the current City's practices.  Included links to USERRA Act of 1994 and to the Arizona Revised Statutes concerning military leave.

1-50-061 Military Training Leave: The policy has been updated to match revisions to the Arizona Revised Statutes and a link has been added.

1-50-070 Jury Duty Leave: This policy has been revised to clarify employees may use accrued leave to attend to personal matters, use jury duty leave in fifteen minutes increments and the need for a leave of absence form to memorialize current City practices.  Added a link to Arizona Revised Statute regarding jury duty leave.

1-50-071 Crime Victim Leave: This is a new policy regarding an unpaid leave for employees who are a victim of crime or juvenile offense per Arizona Revised Statutes.  Added links to the Arizona Revised Statutes concerning crime victim leave.

1-50-072 Voting Day Leave:  This is a new policy that memorializes the current City's practice for voting day leave and a link to the Arizona Revised Statute has been added.

1-50-080 Paid Leave of Absence:  This is a new policy that memorializes the current City's practices for an employee who wishes to use their accrued leave to go on a paid leave of absence.

1-50-081 Leave Without Pay: This policy has been updated to allow Deputy City Managers to approve leaves without pay, clarifies the need for a leave of absence form and a personnel action form to memorialize current City practices, and explains that key employees may not be returned to the same or equivalent position upon the return to work.
 
1-50-100 Donated Leave: This policy has been updated to allow a benefit eligible employee to request donated leave for any reason, clarifies the donated leave is paid at the receiving employee's regular rate of pay, recommends employees may use the donated time for a full-time or intermittent leave, and removes statutory required compensatory time as a leave type that may be donated.

1-50-200 Inclement Weather:  This is a new policy moving the employee directive language into the Handbook.

05/07/13 - APPROVED - SLS