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Home My WebLink AboutDocumentation_Workshop_Tab 03C_07/10/2007Exempt vs. Non-Exempt IDENTIFYING EMPLOYEE CLASSIFICATIQN PyIYCNE7C ~ -~(~~i i__ ~ ~6, y J ~ ©2006, Pu~'nc~x, Inc. This information is furnished with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional services. If legal advice or other expert service is required, the service of a competent professional should be sought. Employee Classification Keeping it all straight The comptroller of a small company notices that her accounting clerk works a lot of overtime. In an effort to cut costs, the comptroller reasons that if she were to change the accounting clerk position to an exempt position she would be able to offer the employee a raise and avoid the costly overtime pay. In fact, the comptroller's solution may expose her company to a seriuus wage and hour violation. The Fair Labor Standards Act -What is it and who's covered? The Fair Labor Standards Ac[ (FLSA) is a federal law that deals with minimum wage, overtime pay, recordkeeping, and child labor standards require- ments for both employers and employees covered by the act. As a federal law it does not, however, preempt state wage and hour requirements, unless the law is more beneficial to the employee. Employees are covered by the FLSA if their work is performed in the United States (or a U.S. possession/territory), a true employer-employee relationship exists, and the requirements of one of the following tests are met: Enterprise/Employer Coverct~e Tcst: a) two or more employees are sufficiently engaged in interstate com- merce or in the production, handling, or selling of goods or materials moved or produced for interstate commerce; and b) the employer has gross annual sales of not less than $500,000, unless working in an enterprise not subject to this dollar-value test (i.e., hospitals and nursing homes); or Individual En1pl~~yc~e Co~~er-age Test The employee's own actions involve the handling or production of goods in interstate commerce. This includes employees who regularly use the mail or telephone for interstate communication, or work for employers who contract to do clerical, custodial, or other work for businesses engaged in interstate commerce. The administration of the FLSA is under the jurisdiction of the Wage and Hour Division of the U.S. Department of Labor (DOL). The DOL is responsible for issuing rules, regulations, and interpretations under the act and for conducting inspections and investigations for compliance. Under the FLSA, a covered employer may have employees who are exempt from certain provisions of the act, including minimum wage and overtime pay regulations. These include the so-called "white collar" exemptions -executive, administrative, professional, computer software professionals, and outside sales. Exempt or Non-Exempt? The FLSA specifies that non-exempt employees must be paid at least minimum wage (currently $5.15/hour) for the first 40 hours worked in a workweek and must receive an overtime rate of at least time and one-half their regular rate of pay for all hours worked over 40 in a workweek. Classifying your employees as either exempt or non-exempt is neither exact nor easy. The decision cannot be made arbitrarily, nor should it be made based solely on the job title or the way the employ- ee is paid (i.e., hourly or salaried). Instead, the determination must be made based on job duties associated with the position, and generally the employee must be paid on a salaried basis. An up- to-date job description is your best starting point! Generally, non-exempt employees' work is rou- tine with set standards and rules. Typical examples of non-exempt positions include: bank teller, book- keeper, secretary, and shipping-receiving clerk. Section 13(a)(1) of the FLSA provides an exemp- tion from the minimum wage and overtime provisions for bona fide executive, administrative, professional, computer, and outside sales employ- ees. Three tests are used to determine if an employ- ee meets one of these "white collar" exemptions: Salary level, salary basis, and job duties. An addi- tional exemption applies to "highly compensated'' employees who are paid at least $100,000 per year. You will find a chart on pages six and seven of this booklet identifying the requirements for each exemption. Be aware of state wage laws that may be more beneficial to the employee. An emplo}'ee must be exempt under both state and federal law to be exempt from overtime payments. Hourly or Salaried? Under the FLSA, a non-exempt employee may either be paid on an hourly basis, a salaried basis, piece rate, or commission basis as long as they receive at least minimum wage for all hours worked and the appropriate overtime pay. Exempt employees who qualify under the execu- tive, administrative, or professional exemptions are almost always paid on a salaried basis and are not required to receive " ~ overtime pay. Note: The salary level and salary basis tests do not apply to doctors, lawyers, teachers, certain computer-related occupations paid at least $27.63 per hour, or outside sales employees. Additionally, exempt administrative or professional employees may be paid on a fee basis (paid an agreed sum for completing a single job, regardless of the time required to complete the work). A fee payment will meet the minimum salary level required for the exemption if, based on the time required to com- plete the job, the fee is at a rate that would amount to at least $455 per week if the employee worked 40 hours. Exempt employees should receive their full sal- ary every pay period. The salary amount should never be reduced because of variations in qual- ity or quantity of work performed or generally for absences of less than a full day. Exempt employees cannot have their salary reduced for absences occasioned by the employer or by the operating requirements of the business. Generally, if the employee is ready, willing, and able to work, no deduction may be made from the predetermined salary when work is not available. Overtime Calculation When it comes to overtime calculation, each workweek stands alone. The pay frequency (weekly, biweekly, and so forth) does not affect exempt or non-exempt classification or an employer's obliga- tion to comply with overtime regulations. Overtime is generally calculated at one and 4 one-half the regular rate of pay for all hours worked over 40 in a week. (Some states have more stringent overtime laws, which would take precedence.) The regular rate includes all remuneration for hours worked, except for certain payments that may be excluded, such as expense reimbursements, discre- tionary bonuses, gifts, paid vacation days, holiday pay, and paid sick days. Examples of appropriate methods for calculating overtime, depending on the method of payment, are listed below. 1. Hourly employees receive one and one-half times their regular rate for all hours worked over 40 in the week. Example: Smith's regular rate of pay is $10 per hour. She works 44 hours. She will be paid at $10 per hour for the first 40 hours and $15 per hour for the remaining 4 hours. 2. Salaried, non-exempt employees who have agreed to work a fixed number of hours for a specified salary receive one and one-half times their regular rate of pay for all hours worked over 40 in a week. Example: Jones' regular salary is $300 per week fora 40-hour workweek ($7.50/hour). He works 44 hours. He will be paid $300 for the first 40 hours and $11.25 per hour for the remaining 4 hours. 3. Salaried, non-exempt employees who have agreed to work an unspecified fluctuating number of hours each week for a specified salary receive one-half their regular rate of pay for all hours worked over 40 in that week. This is considered a "fluctuating workweek principle" and must be agreed to by both the employer and the employee prior to hiring. However, under this method, employers are limited in making deductions for absences of less than a week. Example: Adams' regular salary is $400 per week. This week he works 50 hours, so his regular salary rate would be $8 per hour ($400 - 50 hours). Adams would receive his $400 salary (for all hours worked) plus $4 per hour (half-time) for the 10 overtime hours. Below is a summary of the requirements for establishing executive, administrative, professional (learned and creative), computer, outside sales, and highly compensated personnel exemptions under the Fair Labor Standards Act. See the Department of Labor's Web site (www.dol.gov) for a copy of the regulations (29 CFR Part 541). it • s ! • ;~ T ~ ~~ Salary basis of at least $455/week Primary duty is management of the enterprise Owner employees who awn at least r a of a customary recognized department a 20`Yo interest in the enterprise are a subdivision; and customariy and regularly exempt if they are activety engaged direds the work of two a mae employees; and in its management In such rases, the has the authority to hire or fire other employees salary level and salary basis require- s whose suggestions and recommendations as mends do not appty. th hiring, firing, advancement, promotion or other change of status d other employees are given particular weight Administrative Salary or fee psis of at least $455/week Primary duty is the performance of office or non- Executive assistants a administra- manual work diredty related to the management five assistards to business owners a a general business operations of the employer senior managers of large businesses s the employer's customers; and whose primary who have been delegated authority duty indudes the exerdse of discretion and regarding matters of significance independent judgment with reseed to matters quality for this exemption. of significance. Professional Salary or fee basis of at least $455/week Primary duty is the performance of work "CusOomarity"means the exemption (except fa dodors, lawyers, teachers). requiring advance knowledge defined as work is also available to such profession- that is predominantty irdelledual in charader als who have substarrtialty the same and that indudes work requiring the consisterd knowledge level and perform same exerdse of disaetion and judgmerd; in a field work as the degreed professional but of science or learning custanarity acquired by attained the knowledge through a a prolonged course of spedalized intelledual combination of work experience and insWdion; a primary duty is the performance of irrtelledual insWdion. work requiring invention, imagination, originality, or talent in a recognized field of artistic a seative endeavor. Computer Software ~~' basis of at least $455lweek or hourty Empbyed as a computer systems analyst, rf paid at least $27.63/houc computer programmer, software engineer or Professionals similarty skilled worker in the computer field. Primary duty must consist of the application of systems analysis techniques and procedures, induding consulting with users to ddsmine hardware, software, s system fundional spec'rfications; the design, development, documentation, anaysis, creation, testing, s modfication of computer systems or programs ~ induding prototypes, based on and related to user s system design specfications; the design, development, documerrtation, anaysis, aeation, testing, s modification of computer programs related to machine operating systems; or a com- bination of the above. Outside Sales No salary level a salary basis requirement Selling tangible or intangible items; or Personnel obtaining ceders s cordrads fa services or use of facilities; and regulary and customarily works away from the employer's place of business. H 1 n l Total annual compensation of $100,000 a Performs office or non-manual work and Total annual compensation does not 9 y more (which must indude at least $455 per customary and regularly performs at least indude credit for board, lodging or Compensated week paid on a salary or fee basis). one of the du0es of an exempt executive, other facilities; paymerits fa medical ' Employees administrative, a professional employee rfe insurance; a contributions to a I fd fi b identfied in the standard tests for exemption, ene retiremerd plans or nge s. Non-exempt employees cannot waive their rights to overtime pay. Employees subject to the FLSA overtime provisions must be paid at the overtime rate even if they agree to receive straight time. In addition, private employers will generally incur overtime liability if they permit employees to trade overtime pay for compensatory time. Overtime Violations to Avoid Treating all employees being paid a straight sala~ y as exempt e-ttployees. How you pay your employees (hourly or salary) is not the sole determining factor in the classifica- tion of exempt status, but one consideration in this analysis. What your employees do as determined by their job duties also has to be considered in determining whether employees are exempt or non-exempt. In addition, a minimum salary level is required for most of the exemptions. Paying non-exempt employees cofttmission Drily. Employees who do not meet the outside sales exemption to the overtime requirements must still be paid at least minimum wage for all hours worked and overtime at one and one-half times their regular rate. (Certain commissioned employ- ees of retail or service establishments may be exempt from overtime under the 7(i) exemption.) If the commission comes in after the pay period ends, the employer must apportion the commission back over the workweeks during which it was earned to calculate the regular rate and overtime rate. Offering employees a choice between overtime pay or a higher hourly rate. This option will only increase the rate used to calculate overtime. An employee cannot waive their right to overtime pay. Excluding certain ituentives or bonuses ~rom the nveriir~ie calculation. If a bonus is measured by production, hours, or efficiency, or it is so substantial that it can be assumed that employees consider it part of their wages, it must be included when calculating the regular rate for overtime purposes. A purely discre- tionary bonus dues nut have to be included. `Ban}zing" extra hours worized one weep to be paid the next weeh at straight tir~ne. Again, the DOL looks at each week in and of itself for the purposes of calculating overtime. Banking time for future use is generally not a per- missible method of compensating non-exempt employees for overtime hours worked. Pn~~ing overtifite to a split-rate employee at the lower rate. Regardless of the work performed, an employee's overtime pay must be calculated at one and one- half times the weighted average of the two rates for the week. Anything less is unacceptable and illegal. Liabilities Misclassification of exempt or non-exempt status may result in a combination of fines, penalties, or the pay- ment of unpaid wages, as imposed by the Department of Labor. Willful violations may result in criminal prosecu- tion and the violation may be fined up to $10,000. Second convictions may result in imprisonment. Employers who willfully or repeatedly violate the minimum wage or overtime pay provisions of the FLSA are subject to civil money penalties of up to $1,000 for each violation. Employees may also file a complaint with the DOL within two years of the violation (three years in the case of a "willful" violation). Alternatively, they have the right to file an independent suit in court for unpaid overtime. These suits may also seek legal fees and liquidated damages. Employers may not take adverse action against any employee who files a complaint regarding minimum wage or overtime violations. The DOL may audit an employer at any time. Many investigations are initiated by employee complaints. Employers should be aware that an investigation can expand beyond the initial com- plaint to all wage and hour practices. In addition to complaints, the Wage and I tour Division selects certain types of businesses or industries as targets for investigations. 10 Questions and Answers If an employee worhs two separate jobs within the same company at two different pay scales, are they eligible for overtime pay, acid at i,~hat rate? If the above employee is non-exempt, at mini- mum, they would be eligible for overtime pay calculated at one and one-half times the weighted average for both pay rates. During a natural disaster, my employees worhed only one day during the weeh. Ani 1 still re~~uired to pay ahem a fttll week's wages? Exempt employees, and non-exempt employees who agreed to work an unspecified number of hours for a specified salary, must receive their full weekly salary for any week in which any work was performed. Other non-exempt employees may be paid only for hours worked, unless company policy dictates otherwise. How do I calculate overtime pay when a holiday falls during the weeh? Employers are not required to count holidays as time worked when computing overtime hours. Only hours worked must be counted, unless company policy dictates otherwise. Do I have to pay overtime pay to non-exempt employees for unauthorized hours worhed? Yes. Overtime pay must he paid for all hours worked over 40 in a week, regardless of whether the time was authorized in advance. 11 The information in this booklet is based in part on the final regulations under the Fair Labor Standards Act, 29 CFR Part 541, Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees; Final Rule [04/23/2004], released April 23, 2004 and effective on August 23, 2004. Additional questions regarding the Fair Labor Standards Act and exempt and non-exempt classifi- cations may be referred to your local Department of Labor. 12 Paychex, Inc. is a leading national provider of payroll, human resource, and benefits outsourcing solutions. 1-800-322-7292 www.paychex.com PAYCHEXW 150794 Rev. 1/06 TP APPENDIX 7 FINDINGS IN RESPECT OF POLICIES IDENTIFIED AS NEW OR MODIFIED SINCE 7/1/2004 POLICIES BEING SUMMARY OF CHANGES MADE SUBMITTED TO COUNCIL FOR INVESTIGATED APPROVAL? 1. 1.1 Purpose The 7/1/04 policy referred to a disclaimer that was not No included. ^ A Disclaimer was added on 1/5/2005. 2. 3.4 Harassment Name changed to Harassment, Discrimination and No, however, in Council Workshop of Retaliation 1/24/05, Attorney Margaret Cooper ^ Retaliation clauses added throughout policy informed the Council that her office ^ External agencies to which employees can make a had reviewed this policy, and it had !, report removed been adopted by the Village (refer to Appendix 4) 3. 3.9 Employee Ethics This policy was included in the original policy manual N/A submitted to Council on June 10, 2004 (Submitted as new in Ms Genco's email of 5/11/07) 4. 3.10 Whistleblowers New (implemented 1/5/OS) No, however, in Council Workshop of 1/24/05, Attorney Cooper informed the Council that her office had reviewed this policy, and it had been adopted by the Village (refer to Appendix 4) 5. 3.11 FLSA Compliant New (implemented 1/5/OS) No 6. 3.12 Drug-Free Workplace This policy has been in place since 6/15/98 as a separate No document, and given to new hires on joining. It was added to the personnel manual in July 2005, with 2 changes -the deletion of an Employee Assistance agency and 1 additional criterion added to be able to test for "reasonable suspicion." (Appendix 6) l uorssruzgns Ienu~ur ~ariod i~ui~t.ro a~~ ui oN papnlaui you sum ~nq a~~p b00Z `i ~inf auk sat.ue~ - n~aN saiaiuan paunnp a~~IIiA I I'L ' i I \SO/6/9 ~u-~aauz Itauno~) sad pas~a.raui sasuadxa warp .rad pug ian~.rZ sasuadx~ ianezd, i'9 'Oi 'b0/Oi/9 uo Iiauno~ o~ pa~uasa.zd sum Iunu~ur Iauuos.rad auk aurt~ aq~ ;~ amid ui ~iani~o~ sum pug b0/OI/9 uo 1~nu~uz anrsuaga.rduzoa (S xipuaddd) L66i Ii.rd~3o xoogpu~u aa~o1dura u~ ur y~inn Iiauno~ o~ pa~uasa.rd you sern puno~ s~nn ~aTlod 'SO/IZ/I uo Ienu~uz iauuos.rad o~ pappd s~~Q i~uos.~ad 6'S '6 •po~.rad ~~d.rad s.rnou LLO~'Z o~ poi.tad oN ~f~d.rad s.rnou Si9t~'Z uro.i3 paanpa.r aver l~n.raae aurt~-u~d uor~~a~n Z'S '8 (sz~a~i ~~o d~~ ~ sa~~a.ra riaignn `s.rea~i pa;aiduzoa a.rour .ro OZ st ~.ro~a~~a axau auk s~ `s.rea~ 6 i u~no-rql 0 i o~ pa~u~ria s.z~a~C S I q~no.ry~ 0 i) pa~aa.uoa ~ a~~d uo .ro.ug . •~uauza~n~S ,iailod auk uzo.z3 «u~uouz sad s.znou oN S'Oi u.r~a sra~q~ga.rg auzt~-IIn,~„ aaua~uas~o uoi~aiaQ an~aZ ~iaiS I'S 'L LZ~'AO2Iddd 2103 'II~I~I110~ O.L Qd,L.LIL1Igf1S dQ~'I~I SdOI~IdI-I~ .~O A2IVWI~1IfIS Q~.L~'OI.LSdAI~II O1~IIdg SdI~i'IOd fi00Z/i/L d~I~IIS QdI,~IQOI~1i 2I0 Acldi~i S~' Q~IdI.LI~IdQI SdI~I'IOd 30 ,L~ddSd2l III SOI~IIQI~I3 VILLAGE OF TEQUESTA PERSONNEL POLICY TITLE: PURPOSE POLICY: 1.1 EFFECTIVE: July 1, 2004 REVISED: January 5, 2005 PAGES: 2 CONTENTS: This policy consists of the following numbered sections I. Policy Statement lI. Scope III. Disclaimer PURPOSE: To outline the reason for these policies, assert a disclaimer, and provide for the general organization of personnel policies and procedures. I. POLICY STATEMENT: General purpose: the Village of Tequesta enacts these policies in order to further the following goals: A. To provide uniform system of personnel administration throughout the Village service. B. To ensure that recruitment, selection, placement, promotion, retention and separation of Village employees are based upon employees' qualifications and fitness, and are in compliance with Federal and State laws. C. To assist managers in the development of sound management practices and procedures, and to make effective consistent use of human resources throughout the Village. D. To promote communications between directors, supervisors, and employees. E. To ensure, protect and clarify the rights and responsibilities of employees. II. SCOPE: These Personnel Policies and Procedures shall apply to all Village employees except elected officials and independent contractors. In the event of conflict between these rules and any collective bargaining agreement, personnel services contract, Village ordinance, or state or federal law, the terms and conditions of that contract, rule or law shall prevail. In all other cases, these policies and procedures shall apply. Tn the event of the amendment of any ordinance, rule or law incorporated in this document or upon which these provisions rely, these rules shall be deemed amended in conformance with those changes. III. DISCLAIMER Subject to collective bargaining agreements and Florida Statutes dealing with Bills of Rights for firemen, policemen, etc. which may be applicable, generally, Village employees are "employed at-will" and may be terminated with or without cause, for a good reason, a bad reason, or no reason at all, and with or without notice as long as the termination does not violate a statute, law, or enforceable employment contract. Nothing contained in any of these policies is intended to affect the "at-will" employment relationship or to otherwise create "property rights" in any position of employment. Although this policy addresses the issue of "at-will" employment, both Florida and federal law contain a number of legislatively enacted restrictions on the right of an employer to discharge an at-will employee. Examples include: Florida's Whistleblower Act of 1986, Fla. Stat. §§ ] 12.3187, et seq.; the Florida Civil Rights Act of 1992, Fla. Stat. § § 760.01, et seq. ; the Civil Rights Act of 1964 (Title VII), 42 U.S.C. §§ 2000e, et seg.; the Americans with Disabilities Act, 42 U.S.C. §§ 12111, et seq.; and the Age Discrimination in Employment Act, 29 U.S.C. §§ 621, et seq.. It is the intent of the Village that these and all other applicable fair employment laws will be strictly adhered to. DRAFTED:MRC/Dec 22, 2004/Filed: Purpose 1.1 APPROVAL: MICHAEL COUZZO, MANAGER TEQUESTA, FLORIDA VILLAGE OF TEQUESTA PERSONNEL POLICY TITLE: EMPLOYEE ETHICS POLICY: 3.9 b. Solicits, accepts, or seeks a gift, gratuity, or favor from any person, firm, or corporation involved in a contract or transaction which is or may be the subject of official action by the V i 11 age. EFFECTIVE: July I, 2004 REVISED: NEW PAGES: CONTENTS: This policy consists of the following numbered sections: I. Policy Statement Il. Definitions III. Procedures PURPOSE: The purpose of this policy is to establish guidelines for ethical standards of conduct, which shall govern Village employees in the performance of Village business and the duties of their respective jobs. This policy is intended to provide positive direction to Village employees in order to prevent potential conflicts of interest. This policy is not all-encompassing in its definition of conflict of interest. The "prudent man" theory can and will be applied: action deemed inappropriate by a reasonable person, whether specifically cited in this policy or not, will be subject to inquiry. POLICY STATEMENT: 1. Conflicts of Interest. No Village employee shall engage in any act that is in conflict, or creates an appearance of fairness or conflict with the performance of official duties. An employee shall be deemed to have a conflict if the employee: a. Has any financial interest in any sale to the Village of any goods or services when such financial interest was received with prior knowledge that the Village intended to purchase the property, goods, or services. 2) Recognizing that personal friendships often precede and can evolve from official contact between employees and persons engaged in business with the Village, reasonable exceptions to this section are permitted for those occasions which are social in nature and are not predicated on the employee's ability to influence, directly or indirectly, any matter before the Village. The employee will be guided in interpretation of this section by the distinction between a gift, gratuity, or favor given or received which has significant monetary value and is offered or accepted in expectation of preferential treatment, and an expression of courtesy. Examples of acceptable courtesies include: a meal or social event; exchanges of floral offerings or gifts of food to commemorate events such as illness, death, birth, holidays, promotions; a sample or promotional gift of nominal value ($25 or less). a. Participates in his/her capacity as a Village employee in the issuing of a purchase order or contract in which he/she has a private pecuniary interest, direct or indirect, or performs in regard to such contract some function requiring the exercise of discretion on behalf of the Village. b. Engages in, accepts employment from, or renders services for private interests for any compensation or consideration having monetary value when such employment or service is incompatible with the proper discharge of official duties or would tend to impair independence of judgment or action in performance of official duties, or give the appearance of the above. An employee should not make a unilateral decision, if there is any doubt about his/her private employment. The Village Manager's office should be consulted. Except for courtesies as provided in item "b" above, no employee shall, directly or indirectly, give or receive, or agree to receive any compensation, gift, reward, commission or gratuity from any source except the Village for any matter directly connected with or related to his official services as such employee with this Village. Discloses or uses without authorization confidential information concerning property or affairs of the Village to advance a private interest with respect to any contract or transaction which is or may be the subject of official action of the Village. e. Have a financial interest or personal interest in any legislation coming before the Village Council and participates in discussion with or gives an official opinion to the Village Council unless the employee discloses on the record of the Council the nature and extent of such interest. 2. Use of Public Property. No employee of the Village shall request, use, or permit the use of Village-owned vehicles, clothing, equipment, materials, or other property for unauthorized personal convenience, for profit, for private use, or as part of secondary employment. Use of such Village property is to be restricted to such services as are available to the Village generally and for the conduct of official Village business. 3. Political Activities: a. No Village employee may use Village time or property in any manner to promote any political issue or candidate, or to solicit funds for any political purpose or to influence the outcome of any election. With the approval of the Village Manager, an exception shall be allowed when the subject of an election has received the endorsement and support of the Village Council (e.g. bond issue). b. No Village employee shall be eligible for appointment or election to any public office when the holding of such office would be incompatible or would substantially interfere with the discharge of official duties. Discipline. Any employee who is found to be in violation of this policy may be subject to disciplinary action up to and including termination from employment. Depending upon the seriousness of the action, other appropriate civil or criminal sanctions may also be pursued. II. DEFINITIONS: Employee. An employee is defined as any person holding a regularly compensated position for the Village of Tequesta, including regular full time, part-time, temporary, and seasonal or any other classification which is regularly compensated. Exclusions include Village Council members and members of Village Boards and Commissions. Interest. Interest is any direct or indirect monetary or material benefit accruing to a Village employee as a result of a contract or transaction which is or may be the subject of an official act or action by or with the Village (except for such transactions which would confer similar benefits to all other persons and/or property similarly situated). Interests include: (a) interests in an employee's family, (b) any business entity in which stock or legal beneficial ownership is in excess of one percent (1%) of the total stock, or legal ownership is controlled or owned directly or indirectly by the employee, (c) interest in any business entity in which the City employee is an officer, director, or employee, (d) interest in any person or business entity with whom a contractual relationship exists with the employee; provided that a contractual obligation of less than $500 or a commercially reasonable loan or purchase made in the course of ordinary business shall not be deemed to create a conflict of interest. Immediate Family. Family includes spouse, child, parent, parent-in-law, brother, sister, grandparent, son-in-law, daughter-in-law, and grandchildren. Family also includes other persons residing in the employee's residence or are financially dependent upon the employee. Contract. Contract shall include any contract or agreement, sale, lease, purchase, or purchase order. III. PROCEDURES: 1. Interpretation. Interpretations of this policy shall be referred to the Village Manager. 2. investigation. The Village Manager shall investigate, or cause to be investigated, all suspicions, allegations, and written complaints of unethical conduct. Complaints or allegations that may be criminal in nature may be referred to an appropriate outside agency for investigation. DRAFTED: RLC/Mar 16, 2004/Filed: Employee Ethics 3.9 APPROVAL: MICHAEL COUZZO, MANAGER TEQUESTA, FLORIDA VILLAGE OF TEQUESTA PERSONNEL POLICY TITLE: FLSA COMPLAINT POLICY POLICY: 3.11 EFFECTIVE: January 5, 2005 REVISED: NEW PAGES: I CONTENTS: This policy consists of the following numbered sections I. Policy Statement II. Procedure PURPOSE: To establish standardized procedures for FLSA complaints. I. POLICY STATEMENT: It is the policy of the Village of Tequesta to comply with applicable wage and hour laws and regulations. Accordingly, the Village intends that deductions be made from pay only in circumstances permitted by the Fair Labor Standards Act and the US Department of Labor's rules governing the salary basis of pay for exempt employees. The improper pay deductions specified in Title 29 of the Code of Federal Regulations §541.602(a) may not be made from the pay of employees who are subject to the salary basis test and only employees who properly qualify shall be salaried and exempt from FLSA requirements. investigation, the employer requires that any complaint that seeks the payment of money or requests a change in policy be submitted in writing. No particular form is required, but each such complaint must include the employee's name, ID number, a brief description of the issue, and must identify the pay period(s) to which the complaint relates. If an employee is unable for any reason to submit the complaint in writing, the employer representative named in the previous paragraph, or his or her representative, will take a statement. The employee then will be asked to review and sign the statement to ensure it accurately reflects the complaint. If the employee is not satisfied with the solution by the department head, the employee must submit the complaint, in writing, to the Village Manager within twenty (20) working days of the alleged occurrence. The Village is committed to investigating and resolving all complaints as promptly, but also as accurately, as possible. Consistent with the US Department of Labor's policy, any complaint will be resolved within a reasonable time given all the facts and circumstances. If an investigation reveals that an employee was subjected to an improper deduction from pay, he or she will be reimbursed and the Village will take whatever action it deems necessary to ensure compliance with the salary basis test in the future. The Village Manager is the final authority on grievances presented by non-represented employees. II. PROCEDURE: An employee who has any questions or concerns about his or her salaried status or believes that any deduction has been made from his or her pay that is inconsistent with salaried status under the FLSA should immediately raise the matter with the department head. To ensure that the employer understands the concern or complaint and is able to conduct a proper DRAFTED:MRC/Dec 22, 2004/Filed: Purpose 1.1 APPROVAL: MICHAEL COUZZO, MANAGER TEQUESTA, FLORIDA '~ ~ ; "-~ l VILLAGE OF TEQUESTA PERSONNEL POLICY TITLE: DRUG FREE POLICY POLICY: 3.12 EFFECTIVE: June 15, 1998 related problem, while under Tequesta's employ, if the employee has not previously tested positive for drug use, entered an employee assistance program for drug-related problems, or entered a drug rehabilitation program. REVISED: July 18, 2005 PAGES CONTENTS: This policy consists of the following numbered sections: 1. Drug Free Workplace Policy It is the policy of the Village of Tequesta ("Tequesta") to maintain adrug-free workplace. It is a condition of employment for each employee to refrain from reporting to work or working with the presence of drugs or alcohol in his or her body. If an injured employee refuses to submit to a test for drugs or alcohol, that employee forfeits eligibility for medical and indemnity benefits. Section 440.102, Florida Statutes, sets forth the requirements with which Tequesta's Drug-Free Policy must comply. As a recipient of federal funds, the Village is subject to the Drug-Free Workplace Act of 1988. Pursuant to this statute, the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the workplace is prohibited. It is a condition of employment for each Village employee to abide by this policy. Moreover, any Village employee who is convicted of a violation of a criminal drug statute occurring in the workplace must notify the Village in writing no later than five (5) calendar days afrer such conviction. Employees who violate these policies are subject to discipline up to and including termination of employment. Tequesta will not discharge, discipline, or discriminate against an employee solely upon the employee's voluntarily seeking treatment for a drug Types of Drug Testing Employees and applicants will be subjected to the following drug tests: 1. Job Applicant Testing: Applicants required for testing will submit to a drug test. Refusal to submit to drug and alcohol testing or a positive confirmed test result will result in rejection of the applicant for employment at that time. Reasonable Suspicion Testing: An employee may be required to submit to testing when Tequesta has a reasonable suspicion that an employee is using or has used drugs in violation of Tequesta's Drug-Free Workplace Policy. "Reasonable suspicion drug testing" is drug testing based on a belief that an employee is using or has used drugs in violation of Tequesta's policy, drawn from specific objectives and articulable facts and reasonable inferences drawn from those facts in light of experience. Among other things, such facts and inferences may be based upon: • Observable phenomena while at work, such as direct observation of drug use or the physical symptoms or manifestations of being under the influence of a drug • Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance • A report of drug use, provided by a reliable and credible source • Evidence that an individual has tampered with a drug test during his employment with Tequesta • Information that the employee has caused, contributed to, or been involved in an accident while at work, or; Evidence that the employee has used, possessed, sold, solicited, or transferred drugs while working or while on Tequesta's premises, or while operating Tequesta's vehicle, machinery or equipment Routine Fitness for Duty Testing: An employee may be asked to submit to a test as part of aroutinely-scheduled fitness for duty medical examination that is either part of the Tequesta's established policy or that is scheduled routinely for all members of an employment classification or group. Follow-up Testing: An employee who enters an employee assistance program for drug- related problems, or an alcohol or drug rehabilitation program may be tested as a follow-up measure on a quarterly, semi-annual or annual basis for two (2) years thereafter. Confidentiality: All drug test results will be maintained in a confidential manner by Tequesta and the MRO for a period of two (2) years. All information, interviews, reports, statements, memoranda, and drug test results, written or otherwise, received or produced as a result of this drug-testing program are confidential. Information on drug test results may not be used in any criminal proceeding against the employee or job applicant. The Village may decide not to test all employees involved in work-related accidents. However, it will test all employees where there is some information or evidence which a reasonable person could conclude that the employee was at fault to some degree, either by the employee's action or inaction. This decision is to be made a part of the reasonable suspicion determination. Generally, information concerning drug test results may not be released without a written consent form signed voluntarily by the person tested. Drug test results may be released without consent if compelled by a hearing officer or a court of competent jurisdiction pursuant to an appeal under this statute or if it is deemed appropriate by professional or occupational licensing board in a related disciplinary proceeding. Moreover, Tequesta, its agents, or the drug-testing laboratory may have access to employee drug test information or use such information when consulting with legal counsel in connection with actions brought under this statute or when the information is relevant to a defense in a civil or administrative manner. In addition, employees and applicants will be contacted confidentially by the Medical Review Officer (MRO), after being testing positive for the presence of drugs, to determine the use of prescriptions or non-prescription medications that may have affected test results. Drug-tested: You may be tested for any or all of the following: Alcohol: beer, wine, booze, liquor, distilled spirits, malt beverages, etc. Amphetamines: speed, uppers, eve, biphetamine, desoxyn, dexdeine, etc. Anabolic steroids Barbiturates: downers, Phenobarbital, butabarbital, secobarbital, tuinal, amytal, etc. Benzodiazepine: ]ibrium, valium, ativan, azene, clonopine, dalmone, diozepan, halcyon, paxipam, restoril, serax, tranxene, verstran, xanax, etc. Cannabiniods: marijuana, hashish, hash, hash oil, pot, joint, reefer, spleaf, roach, grass, weed, etc. Cocaine: coke, blow, snow, flake, crack, etc. Methaqualone: Quaaludes, ludes, etc. Opiates : heroin, codeine, morphine, opium, dover's powder, paregoric, parepectolin, etc. Phencyclidine : PCP, angel dust, hog, etc. Synthetic narcotics : methadone, dolophine, metadose, propoxy-propoxyphene, darvocet, darvon, dolene, etc. Reporting the Use of Prescription and Non- Prescriptions Medications: An employee or job applicant may confidentially report to the Medical Review Officer (MRO), after being tested, and test results found positive, the use of prescription or non- prescription medications because the presence of these medications in the body may affect the outcome of the test. The MRO for the Village of Tequesta is: Elite Services (Dr. Ken Michaels) 2218 Black Hawk Street Clermont, FL 34711 Telephone: 1-800-297-4542 The following is a list of over-the-counter and prescriptions drugs which could alter or affect drug test results. (Note: due to the large number of obscure brand names and the constant marketing of new products, this list cannot be and is not intended to be all-inclusive): Alcohol: All liquid medications containing ethlyl alcohol (ethanol). Please read the label for alcohol content. As an example, Vick's Nyquil is 2S% (50 proof) ethyl alcohol, Comtrex is 20% (40 proof), Contact Severe Cold Formula Night Strength is 25% (50 proof), and Listerine is 26.9% (54 proof). Amphetamines: Obetrol, biphetamine, desoxyn, Dexedrine, didrex, ioanamine, fastin, vicks nasal inhalers Cannabinoids: Marino] (dronabinol, THC) Cocaine: Cocaine HCI topical solution (Roxanne) Phencyclidine: Not legal by prescription Opiates: Paregoric, parepectolin, donnagel pg, morphine, Tylenol with codeine, empirin with codeine, APAP with codeine, aspirin with codeine, Robitussin AC, Guiatuss AC, Novahistine DH, Novahistine expectorant, diluadid (hydromorphone), M-S Contin and Roxanol (morphine sulfate, percodan, vicodin, tussi-organidin, etc. Barbiturates: Phenobarbital, tuinal, amytal, Nembutal, seconal, lotusate, fiorinal, fioricet, esgic, butisol, mebaral, butabarbital, butalbital, phrenilin, triad, etc. Benzodiazephines : Ativan, azene, clonopin, dalmane, diazepam, Librium, xanax, serax, tranxene, valium, verstran, halicion, paxipam, restoril, centrax, etc. Methodone: Dolophine, Metadose, etc. Propoxyphene : Darvocet, darvon n. dolene, etc. Employees and applicants may consult with the MRO for technical information regarding prescription or non-prescription medications. Drug Testing Laboratory: Testing of specimens for the presence of illegal drugs and alcohol is performed by the following laboratory, which is licensed by the Florida Agency for Health Care Administration: American Medical Laboratory 14225 Newbrook Drive Chantilly, VA 22081 Positive Test Results: An employee or applicant who received a positive confirmed test result may explain or contest the result to the MRO within five (5) working days after receipt of written notification of the test result. If the employee's or applicant's explanation or challenge is unsatisfactory to the MRO, the MRO must report a positive test result back to the Village of Tequesta. Within five (5) working days after receipt of the positive confirmed test results from the MRO, Tequesta will inform the employee or applicant in writing of the positive test result, the consequences of such results, and the options available to the employee including the right to file an administrative or legal challenge. An employee or applicant may contest any positive confirmed test result pursuant to law or to rules adopted by the Agency for Health Care Administration. Any employee or applicant challenging a test result must notify the employer and the drug testing laboratory of such challenge in writing referencing the chain of custody specimen identification number. If an employee is involved in an accident and denied medical and/or indemnity benefits, he or she may administratively challenge the action by filing a Claim for Benefits with a Judge of Compensation Claims. Employees under a collective bargaining agreement may have the right to appeal personnel actions taken as a result of drug testing results. The employee or applicant is solely responsible for the costs associated with a challenge to test results, and the cost of re-testing the same sample. Actions Tequesta May Take Based Uaon a Positive Confirmed Drug Test Result: An applicant with a positive confirmed drug test will not be hired. An employee with a positive confirmed drug test may be subject to one or more of the following actions: • Required to attend educational seminars and courses and/or participate in an employee assistance program • Required to attend a rehabilitation program • Discipline, including, but not limited to, probationary employment, transfer to another or less hazardous position, and/or reduction in compensation • Immediate discharge from employment In addition, if an employee is injured in the scope of his or her employment and drug tests and/or other medical evidence indicates the presence of illegal drugs or alcohol in the employee's body at the time of the accident, the employee may be required to forfeit any medical or indemnity benefits available under the Florida Worker's Compensation statute and may also forfeit eligibility for unemployment benefits. These penalties are in addition to any other penalties that may apply either under this policy or under applicable law. Consequences of Refusing to Submit to a Drug Test: Any job applicant who refuses to submit to drug and alcohol testing, or who alters, adulterates, or otherwise interferes with drug testing collection samples, or analysis is immediately disqualified from employment by Tequesta. Any employee who refuses to submit to drug and alcohol testing when required under this Policy, or who alters, adulterates or otherwise interferes with drug testing collection, samples, or analysis is subject to immediate termination and may forfeit medical and/or indemnity benefits under Florida's Worker's Compensation statute. Local Employee Assistance Program: If you are experiencing problems with drugs and alcohol, you are encouraged to contact an Employee Assistance Program or Rehabilitation Program. The following are representative Employee Assistance Programs or Drug Rehabilitation programs that are available to you within the locality: High Point 5960 SW 106 Avenue Cooper City, FL Transitions Recovery Program 2040 NE 163 Street Miami, FL 1-800-626-1980 The Retreat 555 SW 148 Avenue Sunrise, FL 800-366-8466 The Center for Family Services of Palm Beach County Inc. 12300 Alt. AIA, St. 203 Palm Beach Gardens, FL 33410 The Savannas Treatment Center 1 121 1 Prosperity Farms Road St. B-202 Palm Beach Gardens, FL 33410 561-622-8875 Effective Date of Policy: The Village of Tequesta's Drug-Free Workplace Policy is effective June l5, 1998. No testing will be done before this date. DRAFTED:RLG/July ]5, 2005, 3.12 Drug Free Policy APPROVAL: MICHAEL COUZZO, MANAGER TEQUESTA, FLORIDA VILLAGE OF TEQUESTA PERSONNEL POLICY TITLE: SICK LEAVE separation. Temporary employees and Interim Firefighters are not eligible for sick leave payment. POLICY: 5.1 EFFECTIVE: July 1, 2004 REVISED: June 2005 PAGES: 3 CONTENTS : This policy consists of the following numbered sections: 1. Policy Statement I1. Accruals and Benefits III. Notification 1V. Sick Leave Usage V. Employee Responsibilities VI. Sick Leave Sharing VII. Termination PURPOSE: To establish guidelines for the use of sick leave for persona] illness and on-the job injuries for Village employees. POLICY STATEMENT: General. All full-time and part-time employees shall be entitled to sick leave as follows: Sick leave shall accrue as provided herein from the date of initial employment. Un-represented full-time employees shall be granted sick leave at the rate of eight (8) hours for each calendar month of service. The accrual of sick leave for represented employees shall be in accordance with the applicable collective bargaining agreement. Part-time employees may be granted a pro rata rate for each calendar month of service. Any accrued sick time used during the first six months of employment, shall be reimbursed back to the Village if the employee fails to successfully complete probation. This deduction will be withheld from the employee's final paycheck at the time of II. ACCRUALS AND BENEFITS: Sick leave granted and not used shall accrue to the credit of each such employee, up to a maximum total accumulation of one thousand six hundred (1,600) hours. However, sick leave accrual shall be reduced ten (] 0%) each fiscal year as follows: Effective October 1, 2004, 180 days (1440 hours): Effective October 1, 2005, 162 days (1296 hours). In any case in which an employee shall be entitled to benefits or payments under the Workers' Compensation Act or similar legislation of the State, or any other governmental unit, the Village shall pay the difference between the benefits and payments received under such Act by such employee and the regular rate of compensation he would have received from the Village if able to work. The foregoing payment or contribution by the Village shall be limited to the period of time that such employee had accumulated sick leave credits as hereinabove specified. Furthermore, the sick leave benefits herein specified shall not be applicable to any employee who is covered by any relief and pension act or similar legislation providing for sickness and/or disability payments, or the State, granting substantially equal or greater benefits than herein provided. Sick leave shall not accrue during leaves of absence without pay. III. NOTIFICATION: When any employee utilizes sick leave he/she must notify his or her Department Head or designated supervisor immediately. Notification should be within 30 minutes after the beginning of the scheduled workday. Failure to do so may result in denial of sick leave pay and disciplinary action, if appropriate. The employee should also let the supervisor know when he/she expects to return to work. Police and Firefighters have more stringent notification requirements because of their need to ~. , ; ~ , , ~ provide adequate shift coverage. A full-time employee who is on sick leave as above specified for a period of five (5) days or longer shall, bring a doctor's release statement indicating any work restrictions. An employee who is on disability or sick leave shall keep his/her supervisor advised on a daily basis as to the employee's condition and expected date of return to duty. If requested, the employee shall provide a doctor's certificate stating the cause of the absence and the nature of the illness before sick leave payment is authorized. IV. SICK LEAVE USAGE: Sick leave benefits shall apply to bona fide cases of sickness, accidents, doctor or dental appointments, maternity leave, and requests for the employee's presence by immediate family, doctor or clergy due to family illness or emergency. Sick leave shall be rounded off to the nearest half hour. No sick leave will be given to an employee in excess of the amount earned and available to the employee. When an employee is transferred to another position, any unused sick leave which may have accumulated to the employee's credit shall transfer with the employee. An employee may utilize vacation time when sick leave has been exhausted, with authorization from their Department Head. Earned sick leave accruals must be exhausted prior to taking an unpaid medical leave of absence. V. EMPLOYEE RESPONSIBILITIES It is the responsibility of each Department Head or designated supervisor to ensure the provisions of this policy are observed. Corrective action should be taken in instances of suspected abuses or misinterpretation of the utilization of sick leave. Department Heads will ensure that any sick leave used will be reflected with the submission of time sheets. 2 It is the responsibility of the Human Resource Director to ensure that proper accountability of sick leave is kept on all eligible employees. This shall include keeping a record of accruals and utilization. Departments may establish more restrictive sick leave procedures as long as they are not in conflict with applicable labor contracts and are necessary for the effective operation of the department. VI. SICK LEAVE SHARING: The Village Manager may permit a full-time or part- time employee to receive sick leave donations from other qualified employees under this subsection if: 1. The employee suffers from an illness, injury, impairment, or physical or mental condition which is of an extraordinary or severe nature and which has caused, or is likely to cause, the employee to: (a) Go on leave without pay status; or (b) Terminate Village employment, 2. The employee's absence and the use of shared sick leave are justified. 3. The employee has depleted or will shortly deplete his or her annual vacation leave and sick leave reserves. 4. The employee has abided by all personnel rules regarding sick leave use. The Village Manager shall determine the amount of sick leave, if any, which an employee may receive under this section. However, an employee shall not receive, in donations, a total of more than seven hundred and twenty hours (720) of donated sick leave. Donated sick leave shall be utilized in the order of receipt by the Village Manager. Such leave shall be donated in eight (8) hour increments. The amount of sick leave time transferred under this section which remains unused shall be returned to the employee or employees who transferred the leave at the time the Village Manager finds that the leave is no longer needed or will not be needed at a future time in connection with the illness or injury for which the leave was transferred. VII. TERMINATION: Employees who resign with the proper two-week notice and who have been an employee for at least one year are reimbursed for a portion of sick leave accrued. Payment for any sick leave shall be provided to those full-time and part-time who have successfully completed their probationary period. The amount of reimbursement shall be a percentage of any accrued sick leave, up to the maximum accrual amount. The percentage is based on whole completed years of service with the Village as follows: One (1) through four (4) completed years of employment - 25 percent reimbursement for sick leave. Five (5) through nine (9) completed years of employment - 33 percent reimbursement for sick leave. Ten (10) through nineteen (19) completed years of employment - 45 percent reimbursement for sick leave. Twenty (20) or more completed years of employment - 50 percent reimbursement for sick leave. DRAFTED : RLG/Dec 29,2003/Filed: Sick Leave 5.1 APPROVAL: MICHAEL COUZZO, MANAGER TEQUESTA, FLORIDA 3 VILLAGE OF TEQUESTA PERSONNEL POLICY TITLE: VACATION LEAVE POLICY: 5.2 EFFECTIVE: July 1, 2004 REPLACED: March 2001 PAGES: 2 CONTENTS: This policy consists of the following numbered sections: 1. Policy Statement II. Full-Time Employees III. Part-Time Employees IV. Approval Process PURPOSE: To outline vacation policy for employees. To assure that vacation schedules are made with full reference to the operating needs of the Village. To provide for a procedure of approval and communication. 1. POLICY STATEMENT: After completion of the initial probationary period, employees are eligible to use vacation leave. After the successful completion of the probationary period, employees are credited the amount of vacation leave accrued from the date of hire. An employee who separates from employment prior to the successful completion of the probationary period is not entitled to a payout for any vacation leave. Vacation leave is accrued at the following rates: II. FULL-TIME EMPLOYEES: Date of hire through fourth (4) year- 10 days/80 hrs. Fifth (5) year through ninth (9) year-15 days/120 hrs. Tenth (10) year or more - 20 days/160 hrs. Unless specified otherwise in an applicable collective bargaining agreement, an employee may accumulate up to a maximum of 320 hours (40 days) accrued vacation leave. Vacation time earned in excess of said maximum limit shall be used prior to October l of each year or forfeited. Vacation leave shall be expended in increments of not less than two (2) hours. Vacations shall be scheduled at such times as the Department Head approves and finds most suitable after considering the wishes of the employee and the requirements of the department. III. PART-TIME EMPLOYEES: Vacation Leave for Part-Time Employees: part-time employees who separate from the Village may receive compensation at their regular rate of pay for each hour of vacation earned. Part-time employees (30 hours a week employees) shall accrue vacation at the rate of 2.3077 hours per pay period. TRANSFERS. 1f an employee transfers from one department within the Village to another, the vacation leave credits shall also be transferred. The established period of determining vacation credit will be from the employee's date of hire. Vacation credit earned by an employee cannot be transferred to another employee. Temporary employees shall not earn vacation nor be entitled to vacation upon separation. Represented employees earn vacation time in accordance with their respective union agreement. Vacation leave will not accrue while an employee is on leave of absence without pay. Accrued and unused vacation leave may be used to supplement sick leave if the employee has exhausted sick leave accruals. Paid holidays occurring during vacation are not charged to vacation. IV. APPROVAL PROCESS: 1. Department Heads are responsible for managing the vacation schedules in their departments and for administering the provisions of this policy. 2. The Village Manager shall approve all vacation schedules for Department Heads. 3. Vacation approvals by Department Heads and by the Village Manager shall be made only when the efficiency of Village operations will not be adversely affected. Unless approved by the Village Manager: a. A Department Head and next ranking employee cannot take vacations at the same time, and b. No more than three (3) Department Heads shall take vacation at the same time. DRAFTED: RLG/Feb 03, 2004/Filed: Vacation 5.2 APPROVAL: MICHAEL COUZZO, MANAGER TEQUESTA, FLORIDA 2 VILLAGE OF TEQUESTA PERSONNEL POLICY TITLE: PERSONAL DAYS POLICY: 5.9 EFFECTIVE: January 1, 2005 REVISED: NEW PAGES: 1 CONTENTS: This policy consists of the following numbered sections I. Policy Statement PURPOSE: To establish policy on the use of personal days. 1. POLICY STATEMENT: Each regular employee who works a typical eight (8) hour per day schedule or shift is entitled to three (3) personal days per year. These days are credited to employees on January 1 of each year and must be used before or on December 31 of the same year. Personal days do not accrue beyond the calendar year. Probationary employees shall receive personal days pro-rated from the time after which they become permanent employees. Personal days shall be scheduled and approved in advance. Three (3) additional days of personal leave per calendar year are provided to exempted employees who are not eligible to earn either overtime or compensatory time. .,..,-....,.,....,~,.,a .. ...............,,,..a, a,,.,.~ APPROVAL: MICHAEL COUZZO, MANAGER TEQUESTA, FLORIDA ,' - -, ,_,. ~~ _~ ~~ ,.~~-.r _.,~-.. ~ VILLAGE OF TEQUESTA PERSONNEL POLICY TITLE: TRAVEL EXPENSES reasonable class of accommodation shall be selected where choice is available. The single rate should be clearly indicated on all receipts. POLICY: 6.1 EFFECTIVE: July 1, 2004 REVISED: 4.07 Travel (October, 2005) PAGES: 2 CONTENTS: This policy consists of the following numbered sections: I. Policy Statement 11. Overnight Trips III. Local Travel and Expenses IV. Non-Allowable Expenses PURPOSE: To establish policy guidelines on Village reimbursement for expenses while on Village business. I. POLICY STATEMENT: It is the policy of the Village to reimburse employees for reasonable and necessary expenditures made by employees while on official Village business. Mileage will be reimbursed at a rate per mile equal to the allowable Florida statute rate; all other allowable expenses on actual cost basis. All expenses must be itemized if applicable. Claims for reimbursement of travel expenses, other than mileage, shall be accompanied by invoices and/or receipts showing proof of payment of such claims, except the daily meal per diem as provided hereafter. II. OVERNIGHT TRIPS: a. Lodging and Meals. Hotel/motel and meal expenses may be paid in advance by the Finance Department. This requires a check request submitted by the appropriate department. If expenses are to be reimbursed it will be done on completion of the authorized travel and requires submittal of the proper claim. A Meal expense reimbursement rates are: Breakfast -- $ 6.00 Lunch -- $ 12.00 Dinner -- $ 18.00 c. Mileage Allowance. Employees who utilize their personal vehicles on travel assignments will be the allowable Federal IRS Publication 1542 rate (the current rate is forty eight cents $0.48). Each employee who drives a private vehicle on Village business must have liability insurance on said vehicle. When two or more employees are attending the same seminar, convention, or meeting, carpooling shall be practiced whenever possible. The actual speedometer reading from Village Hall to destination and return to Village Hall will be used. If an employee for his or her own convenience travels by an indirect route or interrupts travel by the most economical route, the employee shall bear any extra expense involved. Reimbursement for such travel shall be for only that part of the expense as would have been necessary in order to travel. III. LOCAL TRAVEL AND EXPENSES: a. Local Mileage. No mileage will be paid for commuting from an employee's personal residence to Village Hall or a work station. b. Local Meals. Reimbursement for meals will be allowed only where the employee is attending a seminar or conference as a representative of the Village for a specific purpose, or where the employee's attendance will directly benefit the Village. The request for reimbursement of local meals should including the following information: (1) Date (2) Place ~. (3) Meeting Attended (4) Specific Reason for Attendance Parking Fees will be reimbursed by actual cost and receipts shall be presented where possible. If an employee reimbursement is necessary, the reimbursement will be handled by the Finance Department after the "Travel Expense" form is turned in. IV. NON-ALLOWABLE EXPENSES: 1. Tobacco. 2. Alcoholic beverages. 3. Entertainment. 4. Personal telephone calls to home (limited to one per day). 5. First class travel accommodations when economy or coach class are available. 6. Fines, forfeitures or penalties 7. Expenses of a spouse or other non-employee. 8. Loss or damage to personal property. 9. Barber, beauty parlor, shoe shine or toiletries. l 0. Personal postage. DRAFTED: RLG/Feb 9, 2004/Filed: Travel Expenses 6.1 APPROVAL: MICHAEL COUZZO, MANAGER TEQUESTA, FLORIDA 2 VILLAGE OF TEQUESTA PERSONNEL POLICY TITLE: VILLAGE OWNED VEHICLES the vehicles subject to the following restrictions and regulations: POLICY: 7.l l EFFECTIVE: July 1, 2004 REVISED: NEW PAGES: 2 CONTENTS: This order consists of the following numbered sections: I. POLICY STATEMENT II. ASSIGNMENT III. OPERATION IV. RESTRICTIONS V. MAINTENANCE VI. INSPECTIONS VII. FUEL CARDS VII. GLOSSARY PURPOSE: To establish guidelines and procedures for use of Village owned vehicles. 1. POLICY STATEMENT: Agency vehicles will be operated and maintained in conformance with this order. I1. ASSIGNMENT: A limited number of members whose job responsibilities require them to be available on a 24-hour basis will be assigned "permanently assigned" vehicles. III. OPERATION: A. Village vehicle use will conform with Village directives. (Refer to policy 7.7 indexed as Vehicle Operation.) B. Safety restraint devices will be worn always. IV. RESTRICTIONS: Employees permanently assigned a Village vehicle will be permitted to use A. Village members who are in an on-call capacity must have their assigned vehicle available to them in order to respond at a moments notice. To accomplish this, those personnel are permitted a greater latitude in the use of their assigned vehicles. B. Members who are not in an "on-call" capacity may use their assigned vehicle for the following purposes only, unless given permission by appropriate authority: l . To travel between their place of work and home. 2. To travel to a location for an approved repair. 3. To travel to and from an approved school, seminar or meeting. C. The assigned vehicle will not be used under the following circumstances: 1. While on a non-duty status, unless approved by appropriate authority. 2. During any period of annual leave unless approved by the Village Manager or designee. 3. For the transporting of heavy or excessive loads, unless equipped for specifically assigned to do so. Such assignment must be by appropriate authority. 4. To transport non-Village personnel, unless prior permission is given by appropriate authority. 5. At anytime the use may result in public criticism. 1 `1 , ` D. Regulations: 1. All traffic laws must be adhered to while operating the assigned vehicle. 2. Proper attire must be worn. 3. Seatbelts shall be worn while operating and traveling in Village vehicles. V. MAINTENANCE: A. Responsibility: Employees assigned a vehicle are responsible to: 1. Advise the Fleet Manager of needed repairs and routine maintenance. 2. Keep vehicles in a clean and serviceable condition. 3. Check the fuel and oil levels regularly. (Only approved fuel and lubricants may be used.) 4. Check the cooling system periodically. 5. Check that tires are inflated properly. 6. Maintain a copy of the vehicle registration and current insurance identification card in the vehicle. B. Procedure: 1. Vehicle defects will be reported to the Fleet Manager promptly. 2. A Village vehicle that can be safely driven, but in need of repair, will be taken to an authorized vendor for repairs. C. Scheduled Preventive Maintenance: I. Routine maintenance will be scheduled by the Fleet Manager. D. Emergency Repairs: I. Repairs may be completed by a private vendor when: a. An emergency exists which makes immediate repair necessary. VI. INSPECTIONS: A. Daily Inspection: New damage found during a daily inspection will be reported to the individual's supervisor. The supervisor will inspect and report the damage to the Fleet Manager. VII. FUEL CARDS: A. Fuel cards shall be assigned to each Village vehicle. Fuel cards are to remain with the assigned vehicle and personnel are not to use fuel cards for any vehicle other than the vehicle the fuel card is assigned to. B. In the event a fuel card is lost/destroyed it should be reported to the member's immediate supervisor and a replacement card shall be requested. VIII. GLOSSARY: ASSIGNED VEHICLE - A marked or unmarked Village vehicle, assigned individually for use both on duty and for specific functions authorized by supervisory members. MARKED VEHICLE - A Village vehicle that bears the official Village of Tequesta insignia. PERMANENTLY ASSIGNED VEHICLE - A Village vehicle assigned to an individual. Permanent assignment of vehicles will be limited to those members, required by their job responsibilities, to be available on an "on call" basis, for assignment anytime as needed. Only the Village Manager will authorize the assignment of permanently assigned vehicles. FLEET MANAGER -Public Works Director. DRAFTED: RLG/Jun 15, 2004/Filed: Vehicles 7.11 APPROVAL: MICHAEL COUZZO, MANAGER TEQUESTA, FLORIDA 2 i...... _. ~/ i~ ~ <~ ~,~~. ~. _ ~ °> 1.. Ptwa fFMA!8MA k!*vloJdx~t!~e [~aMmtV fEMA 42 2 9I Nllnbt7 Mf~RSi Qj 9.I~di: L? ~ ~.-.~!!~R ~2{L 5.~.2nL ~'FE 4? C++AR.~. fL+ 3i]! ~ ~ c~M? ~ ~ VACATIOR ~ ELR40Net COMP cwaR.NJlcnael rt57 8400 ea oc a ao s1 oa za DD namtcn. wOnOV 78aJ IrJ06 7100 , M vr8ava7 ltYn 9552 80 t0 )750 bb0 1a0 >a U7'Ir•. Care' 7SFq CyIW NC CC 000 1=an], Rancn. ttte, RU Cr) eC CC 000 eCt lioss9 Aa:ena l!A7 80w QC C+D 000 894 1•:anye G''+.rn 009 000 000 , 1 nloynr learn i5G) NU C'C 90 Oa CEO. 150 :BOaB, FL: re11: J5N] NC aO ODM 000 /w 1 tlb M]rlla'n] Rance 7N17 Nn [rJ 1000 000 6!0 Manrn. Cann4 )C•61 !Ow ec I:c 007 O SD L~,., l:xRl !JJJD b:1 W ao Cfl ~ 006 Lt_+irr,s.Na1M•I )SN7 9000 80 V? 000 vr.Cl :CI v5*t SO OD aw 7D b4 II:O to n<' au.ton 5feanr',J t?U7 NC IX: 90 A9 COG J:'_C tf CO IlalUl Nan•err~ )61N RC CC 970p COC ]7 CC )tW 'Jame r•Iatla. •xlanala N~]i aU CO 6600 OCO Ptl.bri Rtl-.(,; aWJ NI?qIJ 8006 000 ]0a '1W 1107 I;,arAnl.o A:?nr'lo're 757 Ii O~ 18 CG -1800 I a0 :ae r,.,: fn'dr lrfi7 Mt aCt 7i C0 80.7 15 nC G 2CC Caro. /arr~la. t •.A pn d9 16 CJ aDa 2164 "50 2C ::.Nrnrrr R•, :15",fi afi 0'7 ao Ofi 0011 IG] I]IA 27 Ff. v.e'nb7M1 /,i'tll [ 17.1'1 10 W eali~ 000 20 CO alNerm ZNC • .I n Nfr 7171 BI CC 10.OD ' SC 77 CC G CC 1? U7 : CfJ o. Jonn 1htZ N)GO tlB CC 7Y:t0 ai:C )1 CU tt br. m~e. Rlc•,a•d ~idl NnN 72.CC 809 /CC t1. {Y. bCL ftrn•~re1 :a9n )+at wJ C•) 9C.CC ax1 +CC 99 CC 74 CO I~R0.57a9'Ir'aR ?L75 rup) tlCCC DOD +CG JS CC ,s CO C00 Atylrr Cnrmt :!.. ~ ?rJ O'J IlO CC 0.00 1 5v r fi'<lam. JrrrlNl 7561 !>7 fYJ 75 59 a 6a / Cb 7::C 17 '? n ~ !!rnnan. Gr/'J-~•r ]584 na iq fA1;4 15 00 1 m 24 a 11 ;b r'r} t: •?) is w „r n !7craN I?;IU NJ BO {.T U9 7700 ?2CC t?n} to Oa SOO , kr"1:~. l~7rJr 157!1 flU 4Q ?8:>a 20L a03 72 f4 is f,C. ;.)) ~'.r.:,,,C, 7 r. 11 R(; cf n nb c ce 1 ,~ a o) ) ,~ ro~.n«A.norNU 7716 Nnar. e9w cco 13ca JJm ar, Ka,n r 6/ ea a6 9D 09 c 00 +8 c^. :1 C0 s w i,,~nl JItGn r 16 9D u6 /e w 71 t;b 1 oa 1109 u ro Vl n.er:u• RnMrc 1714 NN CO 7906 1 C0 l: C0 l w 6 0n : a0 , ol~ anat. Orwn JStNi n7 OC 47 JJ 1C 00 + 77 7 SJ ~svet. ns~e3. FSMA FfMA ~' Yj ~V ~N i~l ~j ~ lf~ PAYC1tlT LrJYRT t'~fl4_T ''±a CMTN! M~~n F.(N~ . la•u „ pLQ Na7a9 „ N01)ft{ EEC Ilar~s SOMF RAR • [~1T~e PAS ~f 5! oao ow 777oa aoo N3ro e~5c 1^.u 1.lsvnt 000 aoo >aDa 000 36 on ox :,«~ pO0 9+x e }5a„ oew aso 1e oo Ieo 7)3u 075 ,I UJ . Ox aD0 000 OM 8000 8800 000 600 6787 0D 00 049 4C0 :!aE, lA JI 075 niri 3N ni 000 000 8613 823 B90a 9JR 1359 tt.t j!t a7~i,t a00 unu c•m o6a cua Dca 979 J'n 000 a 00 8t fG 160 RC Gc 215 >7 y7 45 sa i71ti ,'„ 000 Ono esal IM qt (n 600 t'r'a :; ;r C00 000 A55f! OOC +Y'`n 900 ;s as ±:'4 «J 01 /' D(~ UGC 97 r..a O.aO 80 rn 075 1711 . OW aw a,70a Om OOTI cG•4 Ir,1+ a,n OW CCO !Kt{q 400 Ni107 OCt IJ la t •a'.e:l i:'75n :i' C 16W lft, Ra U(' IC{I NO Qa 6UrJ ) J7 . . D00 OW IJa 50 505D 9D CO 7575 1•. Ml 075 S:Y~'~.^. ODO a'00 taO CC 6100 RC nC 515) 771! t,!.aR SR nCn l h7t Sr 000 OMI 60 EC 000 6400 OG2 ,t fei . O.Oq 6 00 718 [a 15.00 N l Cn ai 54 U ?? !i91 73 OW COC 19 DD ISW 006 In C9 9aa la O7 1671 7rS17 OfA IW ~9M OCC l705 7tP,W 1800 7806 Tim Fn C.} ?t 80 Sa60 tU19 ,}nf. tiatM s8 a00 UGC ti, SJ IC 6D 1147 x,075 7543 9097 r.l to OCa CC4? tC100'i i0 C0 F?C+7 9aUU 7151 ai6 t r,} 73ana r7nne tt 00 ~1 tt' 103`0 1100 'It°:I taco 7R •4 '%,! 075 OSS 67.;1 Mti n]61[t 1700 GGa ttd 1:1 J2t90 fu .rj a aO CO 'B I;j; '673 7015!. O UO 1 (e9 ~e CO af,Q ?/a0 t/l OU 7700 5781•+0 91 i Rt 1l1 N.'Cfi 'R is Ofi 15857' Ox I: t:J t/9an :ax vrrJ NT Ce ;,c' 016 1.57r Uf• 149 / n0 aC!' OS4 00 DU 77000 00'1 Ib00 UU UU n7 UO OCU a+b0 htt to 74 OIi 067 U!C L:Ta tC :5OSI 00) u3Oa 63W 4U CU TS 55 • t 74 `7h7 055 1451'!1 2 N'i Z1 q60 JOO t9a00 +l OO R9 :IC S 50 . 79!IN D12 JJt H'. 000 Ono UW OtYJ 19a 00 tat n0 17W 71 710 tnO rKl Ri ItC t9W i707 7J 'J 951 `.it 1/ aoD 0m tseoD Tex nNnO +,rrJ7 '.s1: ,e 17 nss 4)s 1',5"1; 7nN515 00a tlab ow xJx IsSDO 7aeu 7100 7166 x,fR) rwbr! laex ,9w ,st74 0:9 11~o1T. ' 2a0 009 tn54u t0a0 RrGr :e so 1'.87 a le 015 r CY 15 .'n I;;t ttl!.n Ih o!G /! UW -i0 n0 675E X50 wca 525 l , PEMA 1l MA [I4WOVN PixeV LvRtaYl9 ~ ~ N T Q.. ~. . PMD ~ ~ sT CN Lrl Atrsui.Vxt6N !}!Q +0500 O/QO 11.90 r930 050 En~nS.a. CNrri 1901 1p., 0p 105 C6 0 p J9 DO burncla. JOaw 1001 BD 0.r 64W f0.p .400 ao0 (;anprJP1, 1lrentnv 1911 t4j 66 91 00 21,p J4 00 ]7 SD C9a. CerrP+an 7917 000 OCq O.p ~ra0•+. Sartra ]T.I6 0000 0000 000 iaa'te+. JJtrn •J~15 t7. [O 10S CO 066 0 )D ]9 50 11 CO i,vpS.Myk JSJS 70500 tC3M Op O!!0 ~.aks, Ctwy1lOnar 39NJ tP 00 765 CO 000 21 75 2170 2010 Gc1.1. Ratngrla 3503 10'.06 103 CO 0 p J9 56 G:+A.!S. Crarh SS55 000 006 060 uxnc, Gary 7f49 1054V +ai ae 0.00 t9 50 J3 50 KnaaP, MthFN )<,11 14500 1q7 OC D W 7 SD 70 90 tt 00 kilns, J1aNrsc~ di1$ 9 V1 0 CO 0.00 Napaei, RereO .ySS1 OA7 C00 O.Oa Ri[n4rd Mrr1k;1 3$19 trh (IO tc7 a7 000 0 73 27 3D N 16 RaarqueJ. WehOW 3R6] Ow 9C0 O.W Sin~.ra:nOr,Ang7i1 15N1 70300 +0500 O.p t7S 7aaa 7aSa ~+va. ld'rt ]614 000 t7 50 •T 56 SOe57Nlr,T11e1. Crarr7 1 W 1 000 6 W •tl.90 SDarDCM. Ma'AR ]57] 70500 70500 0.00 0)5 MQO 0!q Tr'47. Oanel 1915 to 00 10300 aD9 e950 450 Tratlt. JOrrrei 1990 10590 70b 00 a p 19 50 9 5a I/angina .tYnl1 1lg9 p00 0000 OqD 1600 Sa 30 A1Hei. DNn 190E I M 86 105 00 000 0 T5 +h 50 R %} 380x, Ana1e 35aS rD5 W 10500 0 W t] 30 d !0 Hou9t~n, Wrlyn~ 195a /950610506 000 1923, J2W Jxkarrr riprnp 1lNl BOW 9000 000 tt pU ktcGOr Ernie 7tfp 9O (O De 00 7t 00 ai•SL vrl9loe Gary z501 eoeo ,.o Do a9oD 57 :a . s6 Ca9r9.Gr9g 3'~Dt lilp'7 ~/QO6 000 ti 63 essdan, RaOrnY ]92a 4400 4000 .2600 Jun!. DOM 3614 ]000 2530 1.90 bmrM1.POnatO 7YJ6 4006 1006 OW 140J wear, uhw'r•an 75J1 8000 tT S6 4250 wOrny KalMeen ]417 4000 JS SO 2a p 41tn, wNrnm 3wt 40 W a ca a 90 . cal.vs.,r.+ Jtol woo aaeo oao 19 DO rox 2706 Fat;ni, iVVD !]0! E000 1080 OOD 14:4 15:4 ~6C5, Rabin 7419 9000 10 DO 1000 1400 2i t4 lGw 4.17Ht.Mrcryel 3x79 9690 eDDa oao l9ao ,/in M03 Trnon Mrhl1! .::] 90 a0 9000 OOD C~~st MwA 35W 9000 9000 000 7!0 irranam.Se~e 1:67 MW 9060 006 1000 9!7 n.+R~+1Jeeleu ttpT 90W 9609 060 M[G4'iCr:k. ktWk Sa1h 9000 90 D0 000 14[4 RnCC[tn. Rtrre 3cly 9DW 9000 000 Rnu4pM, MrndyrT N!-. BJJ p) 9000 000 wnae Russel ]1uD 9060 0990 460 100 S6C t6 C:) , k MCGEE GETS a0 NCIlIRS ~~ 5'k NI(NER RAl E 7?I!6 ~.L.M.2. `EtdC+ $TA~ ~ ~IiA [E~ ~ TOTAL ~ [(,t~ pS•J~'h,7( f~~r r10URLY 1NC 7 M~ FEMA C6MP ESlIL ~'c Y.ASAnoh ~ PERSOhu COMP tOrAL ~ NOUp! ~ fib co v Fri ~ R~ PAY CQ,'~ ' ?100 it.00 OOD t]]TA 79.00 105 Or1 1708 1711 539 a0 017D 000 t u 30 30,p 105 d1 69 SS 77 I] 0 70 ! ]U t C 14 00 ti CO 000 137 W 62 p nR Ca 79 07 77 79 !.tl5! 62 7100 JJ OD 0 00 16 t 50 e6.p 105 M 94 )S t4 59 I G6 e,c(•d 49 000 D00 OW Dp 000 U[C n7a Ofi6 000 ODD IDW Dp 0000 616 f7 Al OM 000 008 •~13 ]S 57.50 'i F. t! Ii 7i SiR i7G 000 0 00 111 50 ]09D 1!500 l4IS IS 1R 2 J' '~ p10 :n OW 000 177?5 tOp ,iY 75 %7 C0 11 Te Zrit Y?0 t' Ow 000 Ua :O 59p t7E U7 7925 1]51 4:: Ct)cD • ~ Uw 000 000 Op f, fA' CC4 1375 ii A'~ 000 000 eD700 5100 1ilSM Mt%0 17 •v0 tf'S4td OOD 000 tGa 00 pp t0T 50 9f.?E Ia S7 ):0 t :r.; t5 000 aD0 O~CO -000 C00 OCi. Ilri OOn 006 000 4 ffj D.09 000 b f.4 17 77 it 63 000 0 00 777 75 7200 tC] P 'Ci r>U i7t :A 000 008 00.1 Op 000 OC6 t3 Tti OM OOD 000 t5t;6 U39 t(4~T5 GG 7S to F7 7:! t.t I'd ,a OOD 1750 175D 000 177V 000 975 i)V) ooD 9aD aoD ow ea, cm 1z,a r)w 000 a9a 7t0?f 3/p v?5 T3 Dt !: 1193 7:0'•: OW 000 tJ700 2606 ttt7m 17 :!+ Mn] 7a4 t.!(ire.t UGO 000 1370] 24a0 tOS GY 12(4 7755 )A: afs!$1d 000 0.09 17156 4150 10W u1 i0 3900 06] 5h1P. 57 2 +.7717a OGO 000 15100 1973 10573 6T a8 1607 719 tJN fA OM 000 157W 3200 1Tiw TICM, loci 73! t.77R FS 000 000 t:b ;5 01.75 10500 77 h3 19 t7 794 t?C,F r, a.7367~ 000 OCd 99 UO UW MM 7T 00 +777 7SO RG 1000 dtu 7t tm OCO 1M Sb u0.50 9045 b975 td 7J 1700!.5 710] 1500 '10W 000 1]550 3550 9{107 8.17.5 79 c5 775077 s~„6•ii a9D oa 9igD 7s 00 aoM law utrJ 997 9.87 •tOM 109? 000 1997 000 7G TF. OUO 0 00 J 50 75 SO 0,00 75 SU 0 00 T to 0 UV OC9 000 K80 1600 9000 2400 7t t7 50646 1792 1292 ~19 !d 3D a7 DDD 3011 000 +750 460 7. !,7 2a p 000 i0 DD - OOD 90 UO ODD t 750 4 OU S.W , eoW aoo9 oco woo ooD 9o D9 DDD 1s 79 9w Dco oc6 luoa acD ciao 7D 9D z7 J7 ,7c+, 3r 0p 0CO 111 p0 x00 0D 00 Sr DD 745C t.:M 30 10,P3 1000 OCO 137 DO 11,00 9G 07 9150 1079 7J,~077] eoD aDO 6c6 lx so xso Iw 3o 5,75 19.J 95734 n66 6qC 4T 6v o0D so 6o 9oD ts;t2 coo a977)D 000 -006 9250 250 WJ J<l ]SS 190T F,r 79 DO 000 a ne /CK 25 435 9b W 4 S! 12 7] +!7 59 OOD ac0 RJ 00 Oao DJ OU 730 1990 lL'0 64a nob W, tvJ woo b7 V] 7.00 2ztt 51u,a a(At o6D a?+c+J ooo e3uo om ,s e] oec 005 088 DO UO OM 5001 70.7 ,959 bLY~ ODO C00 10000 L900 Dt n; ZI S] ]775 9'879 +C7J?9 yares Lt.7Ji. 10 ^PER VILLAGE MANAGER LC»aPUiE ALL E%7811 HOVRS W04NED AT TIME ANO 1 HALF. ALSO ALL EMPLOYEES E7!ClPT QEPARIMENT et[AUS CAN OC CAIU F Cdt EctR4 NOVR3, CIEPARTMEk1T aEAOS CAN CGWVERI THE qI Gxt RA e+OVR3 r1T0lEAV£ 11ME. VtILAUt MANAGER 0 TE ~~1~ ~- Village ~f T~questa ~'~lrn ~~~~~ +~~oun~~r, ~la-~~ Bmployee Handbook In addition to the aforementioned information required, the health care provider must certify the individual's insbility to perform the essential functions of his or her position, or certify that the employee • s presence is needed for the care of a fa~aily member ++ith a serious health condition. " mere the Village bas reason to doubt the . -validity ~ of the certification provided, .the village may require that thi eligible employee •obtafm a~ second opinion, at the Yillags•s expense, from. a health ears provider cf the villages choosing. - Any dispute betwen t#~e two opinions gill be resolved by the opinion of a jointly selected third pravider, also at.the Vi lsge•s expense. The village slay request • rs-certflication of as sligibYe eeployee•e medical cond3:tfoa at a ressonable interval. The village rec)uires all em~pployees who take leave for a medical condition to obtain certification of their fitness to return to work. This certification must•be submitted to the e~aployee•s supervisor ~rfor to cwim~en-cfag any wort activities. Nhea notified of as eligible employee • s aced for leave u~eder the Act, your Departaent ~ Head .gill pocovfds you rith vrftteu notice of youc•"obligations wfiile a~n leave, inclndf4g the ~ ao~tsequences~ of. fa3li~re~ .to ~aMrat' those al~lt~ti~ons . ' •1111 e~sloyee• notices requ~ ~ og . leave under' the Act shall Le is writing nsfng t11s Personnel Acton Foes. copier of any employee. notices- requesting • leave shall = be kept ~ia the emiployse•s personnel file. . c. • - b P~rsd~al D:t~__ ~ ..~..__._.. Each regal~ir employee of the village that works a typical eight (A) hour per day schedule or shift f s entitled to three (3) pe~csoDel daps per year. These days are credited to poo on January 1 of each year aad• mwst be need before os oa peceaber 3I -of that aa~ year. Personal Dayo do not-accrue beyond sny.calendar year. 'rirobitiooary e#iployee~ get the amonst of Perrsoaal D~ayi p~ta-rated for the time after they becaase permianent a~+2oyees . 2a other words, if an - emiployee • a biro date is October I , the probatioaasy period -would norsally cad !larch 31 of • the following year. So, ~ the employee "• f would• receive t~ (2) ' Personal Days for the period frogs >lpril through December. As with other types of planned leave, jA ~~,1 ,rya ~,8~„dvance with • your Supervisor. , You mety use personal leave in mfn~pua+ incre~sents of tno hours. Three ~3) Additional daps of personal leave per"caleAdar~year are provided to employees who are not eligible to earn either overtime or compenmatory time. This bonus personal leave is in recognition 14 Employee Handbook of the additional. time worked throughout the year by Department Heads and others rho dv not earn overtime compensation. ~ vs * r~_~ ~ --- ~° Military Leave ~is granted to regular e~loyees to serve in the United States volunteer forces, in the state xational Guard or in ths~ G.S. regular forces . ~ . You east .notify yowr supervisor if yon acs a fiber of the National Guard or tbs Reserves. Further, you ~sust get .your Department Heads al before you enlist. The Village pr°vides-ssrvices 4f a crf mature to residents, and ttiese mPoAS~ilities awst not be anaglected. If employee ~sbershiP ~ the. reserves pould ~eOpardise the health, safety.,. or Me2fare of Village reaidenta, a Department Bead meiy dopy approval for me~nbersbip. - . Resssve officers and enlisted personnel is the u.8 military or naval service are entitled to up to 27 wvrl~,inq Jayyaa annually of lti.litary Leave. There is no loss of befits or ssnciority vhile on l~t#litary Leave. tf - ]tour srf.lft' pap.. is less them your Vf 11a9e Sala - . des up #~. dl~#~csnce, for np to i? da .. ,If a 1rY, the villaq~e leaves s ra9uiswd, the leave ~ is ~ onger ~iod~ of vaeati'op. tia~t ~ and lo¢e na senfoacity. ~~~ ~ y'DU still accrue ~~ . ~~ Pres t~ lour .orders and docwaentatiog of the pay ~u receive, if 8 ~. os~~r military position to ~ Supervisor or DsPa~ent • ~ ~tY Y.ea~ f s provided to all r juries as employees to serve a-n fr~i, los,ing~~~ t The impose of ~~edv¢ ie to protect you loti serve on a juuy. - . If Itov are called to ,serve on a jgry, yoq must notify yvu,r super-visor at once of pour antics ted aDsency. antation of nerving on the ~ to Yon need to subait ~Y Xour supervisor. Tie village pays the~differenee between nsation ~ y~r~ regular salary and any per diem or rei~rse~nent yon receive for serviAg on a urY• ~ receive your reguler paycheck, turn in received froe the Cann to your Department Bead for tranosmftta2 to the Finance Department for deposit. 20