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TOWN OF HIGHLAND PARK EMPLOYEE HANDBOOK


BASIC OBJECTIVES OF THIS HANDBOOK The Town of Highland Park Employee Handbook is provided to all current and new employees as an information tool. As always, employees should see their supervisor or the Director of Fiscal and Human Resources about any policy concerns or questions. THE TOWN OF HIGHLAND PARK SPECIFICALLY RESERVES THE RIGHT TO REPEAL, MODIFY OR AMEND THESE POLICIES AT ANY TIME, WITH OR WITHOUT NOTICE. NONE OF THESE PROVISIONS SHALL BE DEEMED TO CREATE A VESTED CONTRACTUAL RIGHT TO ANY EMPLOYEE NOR TO LIMIT THE POWER OF THE TOWN ADMINISTRATOR OR COUNCIL OF THE TOWN OF HIGHLAND PARK TO REPEAL OR MODIFY THESE RULES. THE POLICIES ARE NOT TO BE INTERPRETED AS PROMISES OF SPECIFIC TREATMENT, AND, IN THAT REGARD, ANY ADMINISTRATIVE ORDER ISSUED BY THE TOWN OF HIGHLAND PARK PRIOR TO JANUARY 1, 2003 ARE HEREBY RESCINDED AND ARE NULL AND VOID. THE CODE OF ORDINANCES OF THE TOWN OF HIGHLAND PARK AND ALL TOWN OF HIGHLAND PARK COUNCIL RESOLUTIONS ARE PRIMARY IN AUTHORITY TO ANYTHING CONTAINED IN THE TOWN OF HIGHLAND PARK EMPLOYEE HANDBOOK.


TABLE OF CONTENTS SECTION 1: GENERAL INFORMATION TOWN OF HIGHLAND PARK’S MISSION STATEMENT ....................................................1 TOWN OF HIGHLAND PARK’S GOVERNMENT .................................................................1 TOWN OF HIGHLAND PARK’S HISTORY.............................................................................2 SECTION 2: BASIC OBJECTIVES & POLICY STATEMENTS BASIC OBJECTIVES OF THIS HANDBOOK .........................................................................1 ADMINISTRATION OF EMPLOYEE POLICIES...................................................................2 EQUAL OPPORTUNITY EMPLOYMENT ..............................................................................3 AMERICANS WITH DISABILITIES ACT (ADA) ...................................................................4 INDIVIDUAL DEPARTMENT POLICIES ...............................................................................5 EMPLOYEE RELATIONS ..........................................................................................................6 CONFIDENTIALITY OF INFORMATION ..............................................................................7 POSITION DESCRIPTIONS .......................................................................................................8 PERSONNEL DATA CHANGES ................................................................................................9 PERSONNEL FORMS AND INFORMATION .......................................................................10 SPECIAL LICENSES AND MEMBERSHIP FEES ................................................................11 BULLETIN BOARDS .................................................................................................................12

SECTION 3: RECRUITING AND HIRING EMPLOYMENT APPLICATIONS .............................................................................................1 SELECTION AND HIRING PRACTICES ................................................................................2 NEPOTISM ....................................................................................................................................3 MEDICAL EXAMINATIONS .....................................................................................................4 EMPLOYEE REFERENCE CHECKS .......................................................................................5 EMPLOYMENT ELIGIBILITY .................................................................................................6

Table of Contents – Page 1


SECTION 4: COMPENSATION PAY PLANS ...................................................................................................................................1 LONGEVITY PAY ........................................................................................................................2 COMPENSATORY TIME ......................................................................................................................... 3 OVERTIME PAY ........................................................................................................................................ 4

PAY PERIODS ...............................................................................................................................5 PAYROLL DEDUCTIONS...........................................................................................................6 PAY FOR PERFORMANCE ........................................................................................................7 WELLNESS PROGRAM..............................................................................................................8 EMPLOYEE CHRISTMAS FUND ..............................................................................................9 DISCRETIONARY LEAVE BUY BACK .................................................................................10 EMPLOYEE TRAVEL EXPENSE ............................................................................................11 PERSONAL VEHICLE REIMBURSEMENT .........................................................................12

SECTION 5: BENEFITS TEXAS MUNICIPAL RETIREMENT SYSTEM (TMRS).......................................................1 EMPLOYEE INSURANCE ..........................................................................................................2 WORKERS' COMPENSATION .................................................................................................3 WORKERS' COMPENSATION SALARY CONTINUATION ...............................................4 WORKERS' COMPENSATION SALARY SUPPLEMENT....................................................5 FLEXIBLE SPENDING ACCOUNTS ........................................................................................6 TUITION REIMBURSEMENT ...................................................................................................7 CREDIT UNION............................................................................................................................8 ICMA RETIREMENT CORPORATION ("ICMA-RC") ........................................................9 DIRECT DEPOSIT .....................................................................................................................10 LIBRARY SERVICES ................................................................................................................11 COBRA (CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT) ................12 RETIREMENT HEALTH SAVINGS PLAN ...........................................................................13

SECTION 6: HOURS OF WORK, ATTENDANCE, LEAVES OF ABSENCE & TIME OFF ATTENDANCE AND PUNCTUALITY .....................................................................................1 HOURS OF WORK.......................................................................................................................2 EMPLOYEE HOLIDAYS ............................................................................................................3 VACATION LEAVE .....................................................................................................................4 DISCRETIONARY LEAVE .........................................................................................................5 MAJOR MEDICAL SICK LEAVE .............................................................................................6 FUNERAL LEAVE .......................................................................................................................7 MATERNITY LEAVE ..................................................................................................................8

Table of Contents – Page 2


JURY OR WITNESS DUTY LEAVE..........................................................................................9 MILITARY LEAVE - TRAINING & ACTIVE DUTY ...........................................................10 ADMINISTRATIVE LEAVE .....................................................................................................11 LEAVE OF ABSENCE WITHOUT PAY .................................................................................12 BAD WEATHER POLICY.........................................................................................................13 FAMILY MEDICAL LEAVE ACT ...........................................................................................14 VOLUNTARY REDUCED WORK SCHEDULE ....................................................................15 SECTION 7: CONDUCT AND DISCIPLINE GENERAL CONDUCT POLICIES ............................................................................................1 OUTSIDE EMPLOYMENT .........................................................................................................2 UNIFORMS ....................................................................................................................................3 DRESS AND APPEARANCE POLICY ......................................................................................4 SEXUAL HARASSMENT ............................................................................................................5 LIFE-THREATENING ILLNESS ...............................................................................................6 POLITICAL ACTIVITIES ..........................................................................................................7 GIFTS POLICY .............................................................................................................................8 USE OF TOWN VEHICLES ........................................................................................................9 SMOKE-FREE WORKPLACE POLICY ................................................................................10 DRUG AND ALCOHOL POLICY ............................................................................................11 INTERNET / E-MAIL POLICY ................................................................................................12 PERSONAL TELEPHONE CALLS .........................................................................................13 COMMON AREAS .....................................................................................................................14 RECYCLING ...............................................................................................................................15 CAUSES FOR DISPLINARY ACTION ...................................................................................16 DISCIPLINARY PROCEDURES..............................................................................................17 PERFORMANCE IMPROVEMENT COUNSELING ............................................................18 WHISTLEBLOWER'S STATUTE............................................................................................19 EMPLOYEE MEETINGS ..........................................................................................................20 SECTION 8: SAFETY SAFETY PRACTICES ..................................................................................................................1 EMPLOYEE'S SAFETY RESPONSIBILITIES ........................................................................2 PERSONAL INJURIES AND ACCIDENTS ON THE JOB.....................................................3 SECTION 9: LEAVING EMPLOYMENT RETIREMENT ..............................................................................................................................1 NOTICE ..........................................................................................................................................2 EXIT INTERVIEWS .....................................................................................................................3 REFERENCE POLICY FOR FORMER EMPLOYEES ..........................................................4 UNEMPLOYMENT COMPENSATION ....................................................................................5 Table of Contents – Page 3


SECTION 10: APPENDIX DRUG & ALCOHOL POLICY .................................................................................................. A ADMINISTRATION OF WORKER'S COMP CLAIMS & BENEFITS ............................... B INTERNET AND ELECTRONIC MAIL POLICY..................................................................C FAMILY MEDICAL LEAVE ACT (FMLA) ............................................................................D FAIR LABOR STANDARDS ACT (FLSA) ............................................................................... E HEALTH BENEFITS UNDER (COBRA - THE CONSOLIDATED OMNIBUS BUDGET RECONCILATION ACT........................................................................................... F DRESS CODE POLICY.............................................................................................................. G

Table of Contents – Page 4


DEFINITIONS The following defined words and terms are used throughout the Town of Highland Park Employee Handbook. Other defined words and terms are located in the respective Code of Ordinances sections or in those adopted policy statements located in Section 10 of the Town of Highland Park Employee Handbook as Appendices.

Base Pay:

An Employee’s estimated annual pay based on the Employee’s then current Personnel Action Form (P-2) of the Town of Highland Park.

Calendar Year:

The year beginning January 1.

Code:

Code of Ordinances of the Town of Highland Park.

Compensatory Time: “Comp Time” is paid leave accrued in lieu of paid overtime for work performed in excess of an employee’s regular work schedule in accordance with the Fair Labor Standards Act. Continuous FullTime Service:

Full-time service rendered to the Town of Highland Park uninterrupted by means of termination for any period of time.

Council Member:

An elected member of the Town Council of the Town of Highland Park.

Court:

The Municipal Court of the Town of Highland Park.

Date of Hire:

The effective date the Employee began his/her employment with the Town.

Department Head:

An Employee who has responsibility for direction of a department of the Town.

Discretionary Leave: The amount of leave that is accrued by each Full-Time Employee on a calendar year basis, and which is above the scheduled level of accrued Vacation Leave. Director:

The Director of the department designated by the Town Administrator, who has responsibility for directing more than one department and/or function of the Town.

Definitions – Page 1


Employee:

Employee Anniversary Date:

Any person employed by the Town of Highland Park whose activities are directed by the Town.

The month and day of hire for each respective Employee for each successive year of employment.

Employee Handbook: This document, as amended, containing the Town of Highland Park’s collection of rules and policies regarding personnel matters. Fifty-six (56) Hour Employee: An Employee scheduled to work a rotation system whereby the Employee is on duty for twenty-four (24) consecutive hours, then off duty the following forty-eight (48) consecutive hours. This rotation averages fifty-six (56) work hours per week over one calendar year. Forty (40) Hour Employee:

An Employee scheduled to work eight (8) hours per day, five (5) days per calendar week.

Full-Time Employee: Any Employee of the Town, other than a Part-Time or Seasonal Temporary Employee, who is on the Town’s payroll and is working, and/or is on the Town’s payroll, but is on authorized personal leave and/or is on major medical sick leave. Funeral Leave:

Leave granted for the purpose of providing time off from work for Full-Time Employees for the death of Immediate Family Members.

Holiday Leave:

Leave used or accrued in observance of an official Town holiday. Public Safety personnel accrue Holiday Leave for each Holiday whether or not the employee is scheduled for work. The accrual is eight (8) hours for Forty (40) Hour Work Week employees and twelve (12) hours for Fifty-Six (56) Hour Work Week employees.

Immediate Family Member:

Jury or Witness Duty Leave:

Wife, husband, mother, father, brother, sister, daughter, son, mother-in-law, father-in-law, brother-in-law, sister-in-law, daughter-in-law, son-in-law, granddaughter, grandson, grandmother, grandfather, stepmother, stepfather, stepdaughter, and stepson.

Leave granted any Full-Time Employee who is called to report for jury or witness service.

Definitions – Page 2


Leave: Major Medical Sick Leave:

Mayor: Military Training Leave:

Authorized absence from duty or employment.

Leave granted in the event a Full-Time Employee experiences a long term illness or injury including maternity leave for pregnant Employees. The elected official head of the Town of Highland Park, Texas.

Leave granted any Full-Time Employee for military training required by any reserve components of the United States Armed Forces or the state military force.

Officer:

Any member of the Town Council and any appointive member of a board, commission or committee set up by ordinance or state law on a permanent basis, but the officer does not include members of a board, commission or committee that functions only in an advisory or study capacity and which does not have the power to make findings as to the rights of specific parties.

Overtime:

In accordance with the Fair Labor Standards Act, pay equal to one and one-half times an employee’s regular hourly rate for work performed in excess of forty (40) hours for a Forty (40) Hour Work Week employee during a work week (Wednesday-Tuesday) and eighty-six (86) hours for a Fifty-Six (56) Hour Work Week employee during a pay period (Wednesday through second following Tuesday).

Part-Time Employee: Any Employee who is on the Town’s payroll and works on a regular scheduled work week of less than forty (40) hours per week. Pay Period:

Pay Periods at the Town consist of two consecutive Work Weeks.

Person:

An individual, the public in general, and any Employee, agent or independent contractor.

Personal Matters:

Authorized leave granted an Employee for any reason not specifically defined herein.

Probationary Employee:

A Full-Time Employee whose length of continuous service with the Town is: (1) less than twelve (12) calendar months for Employees working a fifty-six (56) hour work week; or (2) less than six (6) calendar months for all other Employees. This period

Definitions – Page 3


of examination and evaluation allows the Town to ascertain suitability of the Employee to the respective job position. Public Building:

Any facility owned or operated by the Town of Highland Park, including but not limited to: the Town Hall and Library facilities, 4700 Drexel Drive; the Department of Public Safety Facilities, 4700-4710 Drexel Drive; the Gillon Pump Station, 3400 Gillon Avenue; the Service Center Facility, 5005 Holland Avenue; and the Swimming Pool Facility, 3801 Lexington Avenue.

Seasonal Temporary Employee: Any Employee whose job position with the Town requires the Employee to have scheduled work for less than fifty-two (52) weeks in any twelve-month period. Smoking:

The smoking or possession of a burning tobacco, weed or other plant product.

Supervisor:

An Employee who has oversight authority over one (1) or more Employees, and who directs one (1) or more Employees in the performance of their assigned tasks or duties.

Termination:

The cessation of employment between the Town and the Employee.

Town or Town of Highland Park:

Town of Highland Park, Dallas County, State of Texas.

Town Administrator: The administrative head of the Town of Highland Park, under the direction and supervision of the Town Council. Town Council:

The Town Council of the Town of Highland Park, Texas.

Vacation Leave:

That portion of accrued leave that must be taken by each Full-Time Employee respective to his or her length of service during each calendar year.

Work Week:

A period of 168 hours over 7 consecutive 24-hour periods beginning with the posted time that the employee is scheduled to report for work on Wednesday at 12:00 a.m. to the following Wednesday at 12:00 a.m.

Definitions – Page 4


SECTION 1: GENERAL INFORMATION


TOWN OF HIGHLAND PARK’S MISSION STATEMENT “A Haven for Home and Fireside, undisturbed by conflict of commercial or political interests. The function of government in Highland Park is protection of the home. Citizens who cherish their homes will vigilantly preserve their heritage of selfgovernment.”

TOWN OF HIGHLAND PARK’S GOVERNMENT: COUNCIL - MANAGER The Town of Highland Park is chartered as a home-rule city and functions under the council-manager form of government. The Town Council is the elected legislative body and is composed of the Mayor and five (5) Council members, elected-at-large. The Mayor and Council members are elected to terms of two (2) years with a term limit of three (3) in each capacity. The chief administrative officer is the Town Administrator who is responsible for carrying out the policies and directives of the Town Council. All Department Heads report directly to the Town Administrator.


TOWN OF HIGHLAND PARK’S HISTORY In 1837, after a savage Indian battle, the remnants of a Texas Ranger scouting expedition camped in a lovely spot along "the creek with all the turtles". These survivors were the first recorded Anglo-Americans in the area that is now known as Highland Park. A year later, an old Caddo Indian trace was surveyed by the Republic of Texas to become part of a National Central Road to run north from Austin to the Red River. This road was also used as a segment of the old Shawnee Trail for cattle drives to Missouri. Today that road is known as Preston Road, the first paved street in Highland Park and one of the first major highways in this area. In 1843, Dr. John Cole, of Virginia, acquired 420 acres as a headright from the Republic of Texas. This acreage includes the area of what was to become both Highland Park and University Park. In 1851, this land was inherited by Dr. Cole's son, Joseph Larkin Cole. Between 1886 and 1889, Colonel Henry Exall, of Kentucky and Virginia, along with other investors, acquired the Cole property. Colonel Exall constructed a dam on Turtle Creek in 1890, creating Exall Lake, and began laying out the graveled streets. After a financial setback, Colonel Exall farmed and raised trotting horses in this area he called lomo alto (high land). In 1907, John S. Armstrong purchased the land and along with his two sons-in-law, Edgar L. Flippen and Hugh E. Prather, Sr. began development of a residential community to be called Highland Park, so named because of its higher elevation as compared to the surrounding area and because of a plan to reserve 20% of the developed land for parks. The plans for the development of the area were laid out by Wilbur David Clark who had laid out Beverly Hills, California, and the first lots were sold in 1909, in an area bounded by Armstrong, Abbott and Gillon Avenues and Hackberry Creek. In 1913, the Town was incorporated by a vote of its residents and the evolvement of present day Highland Park began. Highland Park is located approximately three miles north of the center of Dallas, two miles from Love Field and thirty minutes from the Dallas/Fort Worth International Airport. The Township encompasses 2.26 square miles and has an estimated 8,739 residents. Highland Park is traversed by Turtle Creek and Hackberry Creek, the natural beauty of which has been enhanced by the Town and private property owners through landscaping and lakes.


SECTION 2: BASIC OBJECTIVES AND POLICY STATEMENTS


SUBJECT:

BASIC OBJECTIVES OF THIS HANDBOOK

LAST REVISED:

N/A

STATEMENT OF POLICY: The Employee Handbook is provided to all current and new Employees as an information tool. As always, Employees should see their supervisor or the Director of Fiscal and Human Resources about any policy concerns or questions. THE TOWN OF HIGHLAND PARK SPECIFICALLY RESERVES THE RIGHT TO REPEAL, MODIFY OR AMEND THESE POLICIES AT ANY TIME, WITH OR WITHOUT NOTICE. NONE OF THESE PROVISIONS SHALL BE DEEMED TO CREATE A VESTED CONTRACTUAL RIGHT TO ANY EMPLOYEE NOR TO LIMIT THE POWER OF THE TOWN ADMINISTRATOR OR COUNCIL OF THE TOWN OF HIGHLAND PARK TO REPEAL OR MODIFY THESE RULES. THE POLICIES ARE NOT TO BE INTERPRETED AS PROMISES OF SPECIFIC TREATMENT, AND, IN THAT REGARD, ANY ADMINISTRATIVE ORDER ISSUED BY THE TOWN OF HIGHLAND PARK PRIOR TO JANUARY 1, 2003 ARE HEREBY RESCINDED AND ARE NULL AND VOID. THE CODE OF ORDINANCES OF THE TOWN OF HIGHLAND PARK AND ALL TOWN OF HIGHLAND PARK COUNCIL RESOLUTIONS ARE PRIMARY IN AUTHORITY TO ANYTHING CONTAINED IN THE TOWN OF HIGHLAND PARK EMPLOYEE HANDBOOK.

Section 2 – Page 1


SUBJECT:

ADMINISTRATION OF EMPLOYEE POLICIES

LAST REVISED:

N/A

STATEMENT OF POLICY: The Employee Handbook established herein is intended to cover all Employees of the Town of Highland Park except where otherwise provided by the Charter of the Town of Highland Park. Terms, conditions, and provision of this Employee Handbook do not constitute an “Employee contract” and are subject to change or modification without notice. These policies shall be administered by the Department Heads under the direction of the Town Administrator. Questions about Employee policies should be directed to the Employee’s Department Head or to the Town’s Director of Fiscal and Human Resources. The Director of Fiscal and Human Resources shall monitor these policies and shall make every good faith effort to insure compliance not only with the letter, but also with the spirit, of the objectives set forth in these policies.

Section 2 – Page 2


SUBJECT:

EQUAL OPPORTUNITY EMPLOYMENT

LAST REVISED:

N/A

STATEMENT OF POLICY: The Town is an equal opportunity employer. An applicant will be chosen for employment or promotion based on his/her qualifications and fitness for the position without regard to race, age, color, gender, religion, orientation, ethnic affiliation, disability or veteran status.

Section 2 – Page 3


SUBJECT:

AMERICANS WITH DISABILITIES ACT (ADA)

LAST REVISED:

N/A

STATEMENT OF POLICY: As mandated by the Americans with Disabilities Act, the Town does not discriminate against individuals with disabilities in the areas of employment, public services and public accommodations. The Town makes reasonable accommodations in its workplace for qualified applicants with known physical or mental disabilities.

Section 2 – Page 4


SUBJECT:

INDIVIDUAL DEPARTMENT POLICIES

LAST REVISED:

N/A

STATEMENT OF POLICY: The Town designed the Employee Handbook for all Employees of the Town from every department. It shall be the prerogative of each Department Head to develop and implement department policies, procedures, rules, regulations, and/or practices which are separate from, or in addition to, the policies, procedures, and regulations listed in this Employee Handbook. Department policies, procedures, rules and regulations shall not, however, be inconsistent with this Employee Handbook.

Section 2 – Page 5


SUBJECT:

EMPLOYEE RELATIONS

LAST REVISED:

N/A

STATEMENT OF POLICY: The Town believes that the work conditions, wages, and benefits it offers to Employees are competitive with those offered by other employers in this area and in this industry. If Employees have concerns about work conditions or compensation, they are strongly encouraged to voice these concerns openly and directly to their Supervisors. The Town’s experience has shown that when Employees deal openly and directly with Supervisors, the work environment can be excellent, communications can be clear, and attitudes can be positive. The Town believes that it amply demonstrates its commitment to Employees by responding effectively to Employee concerns.

Section 2 – Page 6


SUBJECT:

CONFIDENTIALITY OF INFORMATION

LAST REVISED:

N/A

STATEMENT OF POLICY: During the course of employment with the Town, an Employee may acquire and/or have access to personal information about current and former Employees, Highland Park citizens, businesses, job applicants, and/or persons applying for permits or processed through the Court. Personal information shall include, but not be limited to, confidential information as defined by state and/or federal statutes. All such information is to be considered confidential, and an Employee shall not divulge such confidential information related to Town business and/or another Employee to any other Employee, the media, and/or the public at large without the approval of the Employee’s Department Head. It is the duty of each Department Head to confer as necessary with the Town Attorney to insure compliance with applicable statutes and regulations including the Texas Public Information Act. Medical information on individual Employees is treated confidentially. The Town will take reasonable precautions to protect such information from inappropriate disclosure. All Employees are expected to respect and maintain the confidentiality of medical information of other Employees. Any Employee inappropriately disclosing confidential information is subject to disciplinary action, including termination.

Section 2 – Page 7


SUBJECT:

POSITION DESCRIPTIONS

LAST REVISED:

N/A

STATEMENT OF POLICY: Position descriptions and job specifications shall be maintained by the Finance Department for all Full-Time and Part-Time Employees. The position descriptions shall include: Position Title, Grade Assignment, Department, Effective Date, General Purpose, Supervision Received, Supervision Exercised, Essential Job Duties, Minimum Qualifications, Tools and Equipment Used, Physical Demands, Work Environment and Approval Signatures. THE POSITION DESCRIPTION DOES NOT CONSTITUTE AN EMPLOYMENT AGREEMENT BETWEEN THE TOWN AND EMPLOYEE, AND IT IS SUBJECT TO CHANGE AS THE NEEDS OF THE TOWN DICTATE. Examples of duties listed in the position description are intended only as illustrations of the various types of work to be performed. The omission of specific statements of duties does not exclude them from the position if the work is similarly related or a logical assignment to the position.

Section 2 – Page 8


SUBJECT:

PERSONNEL DATA CHANGES

LAST REVISED:

N/A

STATEMENT OF POLICY: It is the responsibility of each Employee to promptly notify his/her Department Head of any changes to that Employee’s personal mailing address, telephone numbers, number and names of dependents, individuals to be contacted in the event of an emergency, and educational accomplishments.

Section 2 – Page 9


SUBJECT:

PERSONNEL FORMS AND INFORMATION

LAST REVISED:

N/A

STATEMENT OF POLICY: Copies of personnel forms and information, (i.e., health, dental and life insurance, direct deposit, W-4, ICMA Retirement Corporation, TMRS, Credit Union and U.S. Savings Bonds) are located in the Finance Department and are accessible to all Employees.

Section 2 – Page 10


SUBJECT:

SPECIAL LICENSES AND MEMBERSHIP FEES

LAST REVISED:

N/A

STATEMENT OF POLICY: The Town will pay any fees or dues for Employees who are required by ordinance or state or federal law, to be a member of a professional organization, or, who must maintain current a particular certification or license as a condition of employment. Payment will be made upon approval by the Employee’s Department Head. Employees who belong to professional organizations that promote individual professional growth, competence and effectiveness in functioning as Town Employees will be allowed time off with pay to attend local, state and/or national meetings, subject to approval by their Department Head and/or the Town Administrator. Membership in professional organizations described above shall be in the name of the Town, where possible.

Section 2 – Page 11


SUBJECT:

BULLETIN BOARDS

LAST REVISED:

N/A

STATEMENT OF POLICY: Information of special interest to all Employees is posted regularly on the Town bulletin boards. Each Department Head shall designate the location of bulletin boards, and they shall be easily accessible. An Employee may not post any information on these bulletin boards without the authorization of that Employee’s Department Head or the Department Head’s designee.

Section 2 – Page 12


SECTION 3: RECRUITING AND HIRING


SUBJECT:

EMPLOYEE APPLICATIONS

LAST REVISED:

September 28, 2009

STATEMENT OF POLICY: Any misrepresentations, falsifications, and/or omissions submitted by an applicant on the Town’s employment application, if material, shall result in the exclusion of that individual from further consideration for employment. Furthermore, in the event that the Town hires an individual, and the Town subsequently discovers that the individual made material misrepresentations, falsifications, and/or omissions in the Town’s employment application, the Employee will be subject to disciplinary action, including termination. Along with the employment applications, all applicants will be provided with the Applicant Notification/Release of Information Form for the purpose of conducting a background check that must be completed and submitted with the completed application.

Section 3 – Page 1


SUBJECT:

SELECTION AND HIRING PRACTICES

LAST REVISED:

September 28, 2009

STATEMENT OF POLICY: Each Department Head is responsible for the selection and hiring process in their respective department(s). When considering whether to make an offer of employment to an applicant, each Department Head shall make such decision on the basis of the individual’s job related qualifications for the position. Such qualifications may include work experience, education and references. Subsequent to an offer of employment, the applicant shall then undergo a physical exam and driving records checks as applicable to the requirements for the position sought. The applicant shall also undergo a background check in accordance with APPENDIX H of this Handbook.

Section 3 – Page 2


SUBJECT:

NEPOTISM

LAST REVISED:

N/A

STATEMENT OF POLICY: No person related to the Mayor or any member of the Town Council or the Town Administrator shall be appointed to or hired for an office, position, clerkship, and/or other service of the Town wherein the individual would be a Full-Time Employee of the Town.

(Charter - Chapter 2, Section 2.13)

Section 3 – Page 3


SUBJECT:

MEDICAL EXAMINATIONS

LAST REVISED:

September 14, 2009

STATEMENT OF POLICY: Subsequent to receiving an offer of employment, all prospective Employees shall be given a physical examination, including a drug screen. Individuals offered employment for positions with Public Safety Operations, Public Works Departments, Parks Department and Swimming Pool shall be given a comprehensive examination. All other prospective Employees shall be given a clerical examination.

Comprehensive Examination:

Clerical Examination:

Basic Physical and Dip U/A

Basic Physical and Dip U/A

(Including flexibility and color vision)

(Including flexibility and color vision)

10-panel Drug Screen 2-View Back X-Ray (PA & LAT) Chest X-Ray Spirometry Audiogram

10-panel Drug Screen 2-View Back X-Ray (PA & LAT) Chest X-Ray

Section 3 – Page 4


SUBJECT:

EMPLOYEE REFERENCE CHECKS

LAST REVISED:

N/A

STATEMENT OF POLICY: The Town checks the employment references of all applicants for employment. The Town of Highland Park will respond to all reference check inquiries from other employers. The Town’s response to such inquiries will confirm only dates of employment, wage rates and position(s) held. The Finance Department will disclose additional employment information (i.e. year-todate earnings, medical information, etc…) only after the Finance Department receives a written request for the release of such specific information from the individual on whom such information is requested.

Section 3 – Page 5


SUBJECT:

EMPLOYMENT ELIGIBILITY VERIFICATION

LAST REVISED:

N/A

STATEMENT OF POLICY: Pursuant to the Immigration Reform and Control Act of 1986, the Town must verify the employment eligibility of any prospective employee of the Town. All applicants must complete the Immigration and Naturalization Service Form I-9, which shall then be reviewed by the Finance Department. As it relates to employment eligibility, an individual is authorized to work for the Town if such individual is a citizen or national of the United States, is a lawful permanent resident, or is an alien otherwise authorized to work in the United States.

Section 3 – Page 6


SECTION 4: COMPENSATION


SUBJECT:

PAY PLANS

LAST REVISED:

N/A

STATEMENT OF POLICY: Each year, in conjunction with the Town’s budget preparation, the Director of Fiscal and Human Resources shall submit proposed, graded pay plans. The plans are developed by performing a salary survey of common job positions from the designated “target cities” of Addison, Farmers Branch, Richardson and University Park. The Town maintains two (2) graded pay plans - one for 40 hour/week personnel and one for 56 hour/week personnel. Within each pay plan, positions are assigned to a pay grade based upon job qualifications, level of responsibility, difficulty, working conditions, skill, hazard and amount of supervision required for the specific job title. Each classification is designated a particular salary or salary range, which is then approved by the Town Council.

Section 4 – Page 1


SUBJECT:

LONGEVITY PAY

LAST REVISED:

N/A

STATEMENT OF POLICY: Once an Employee has been employed with the Town for one (1) year, he/she is eligible for longevity pay. Longevity pay equals $4.00 a month for each full year of service, to a maximum of $100.00 a month, or $1,200.00 a year after 25 years.

Section 4 – Page 2


SUBJECT:

COMPENSATORY TIME

LAST REVISED:

N/A

STATEMENT OF POLICY: In accordance with the Fair Labor Standards Act, Employees may earn and accumulate Compensatory Time (“Comp Time”) for time worked in excess of his/her respective regular work schedule. Comp Time hours shall be credited to the Employee’s accumulated Comp Time at a rate of 1.5 times the actual number of qualifying hours worked. The maximum balance of Comp Time hours an Employee may have shall be as follows: 40 Hour Employees – forty-two (42) hours 56 Hour Employees - sixty (60) hours Comp Time cannot be used or granted prior to being earned.

Section 4 – Page 3


SUBJECT:

OVERTIME PAY

LAST REVISED:

November 26, 2007

STATEMENT OF POLICY:

For Forty (40) Hour Employees, the Town shall pay all non-exempt Employee’s overtime at the rate of one and one half times their regular hourly rate of pay, inclusive of longevity pay, for all hours paid in excess of 40 hours in a work week.

For Fifty-Six (56) Hour Employees, the Town shall pay all non-exempt Employee’s overtime at the rate if one and one half times their regular hourly rate of pay for regularly scheduled hours in excess of 86 per pay period. Hours paid during pay period in excess of other 96 or 120, depending on shift assignment, shall be paid at a rate if one and one half times their regular hourly rate of pay, inclusive of longevity pay.

Section 4 – Page 4


SUBJECT:

PAY PERIODS

LAST REVISED:

N/A

STATEMENT OF POLICY: Pay periods at the Town run bi-weekly, from Wednesday to the second following Tuesday. Payday is each Friday following the end of the pay period. There are a total of 26 pay periods each year.

Section 4 – Page 5


SUBJECT:

PAYROLL DEDUCTIONS

LAST REVISED:

N/A

STATEMENT OF POLICY: The following deductions are required by law from each Employee’s paycheck: 1.

Federal Income Tax withholding;

2.

Social Security;

3.

Texas Municipal Retirement System (Retirement Contributions); and

4.

Deductions authorized by law, such as garnishments.

The Town, as an employer, is required to comply with orders for garnishment of pay for Employee obligations. These garnishments may be the result of a court order for, as an example, unpaid child support, or from the Internal Revenue Service for back taxes. When there is a garnishment for child support, the Town will also impose a $5.00 per month processing fee as provided by state law. Additional deductions which are optional and may be requested by the Employee include: 1.

Payment to ICMA Retirement Program;

2.

Deferred compensation;

3.

Payment of health insurance premium (if applicable);

4.

Payment of dental insurance premium (if applicable); and

5.

Payment of life insurance premium (if applicable).

With each paycheck, the Employee receives a statement of deductions and earnings which itemizes the various deductions made, as well as appropriate cumulative totals. A record of Discretionary Leave and vacation time will also appear on the paycheck stub following successful completion of related probationary periods. It is the Employee’s responsibility to maintain current payroll deduction information with the Finance Department. Employees wishing to add or change their payroll deductions should contact the Finance Department.

Section 4 – Page 6


SUBJECT:

PAY FOR PERFORMANCE

LAST REVISED:

N/A

STATEMENT OF POLICY: Each calendar quarter, all Full-Time Employees (excluding Department Heads) are evaluated as to their performance in their respective departments. Each Employee’s performance evaluation translates to a percentage compensation between 0 and 7% of the respective Employee’s quarterly base pay, including incentives – this manner of tying performance to pay is called “Pay for Performance”. Each Department has its own Pay for Performance evaluation criteria for each specific position and function. Pay for Performance checks are distributed the last business day of each quarter. Grading Periods/Calendar Quarters: December 16th – March 15th March 16th – June 15th June 16th – September 15th September 16th – December 15th

Section 4 – Page 7


SUBJECT:

WELLNESS PROGRAM

LAST REVISED:

N/A

STATEMENT OF POLICY: Once each calendar-year quarter, all Employees are eligible to participate in the Wellness Program. The program consists of seven items: body fat composition, sit ups, an agility test, sit and reach, bench press, leg press and a 12 minute run over a pre-determined distance or a one mile walk within a specified time. There are pre-set standards for each element of the exam. A financial incentive of up to 2% of an Employee’s base pay for the calendar quarter is included in this program based upon satisfactory completion of the elements of the program. Fifty-six (56) Hour Employees participate on a pass or fail basis. All other Employees earn a financial incentive based on a graduated scale as follows: Categories Satisfied 1 2 3 4 5 6 7

% of Pay 0.1 0.2 0.4 0.7 1.1 1.5 2.0

Section 4 – Page 8


SUBJECT:

EMPLOYEE CHRISTMAS FUND

LAST REVISED:

N/A

STATEMENT OF POLICY: During a calendar year, Town residents make monetary contributions to a fund designated as the “Employee Christmas Fund”. This fund is distributed among all Employees, excluding Seasonal Temporary Employees, on a pro rata basis. Eligible Employees receive a share of the fund distribution based upon the number of regularly scheduled hours worked plus hours of paid Leave for the year versus the annual total number of regularly scheduled hours for that year (e.g., 2080 hours for Forty (40) Hour Employees and 2912 hours for Fifty-Six (56) Hour Employees. The amount of money available for distribution is the total of contributions received less an amount to offset the Town’s incurred personnel costs for social security and Medicare benefits and the Town’s contribution rate for TMRS.

Section 4 – Page 9


SUBJECT:

DISCRETIONARY LEAVE BUY BACK

LAST REVISED:

N/A

STATEMENT OF POLICY: In January of each year, Employees may opt to receive pay in lieu of time off for a portion of their unused Discretionary Leave earned during the past calendar year, subject to specific conditions, and in accordance with the following: 40 Hour Employees may sell up to 36 hours 56 Hour Employees may sell up to 48 hours No Employee may sell back any number of unused Discretionary Leave that would reduce the remaining balance of Discretionary Leave hours below forty (40) for Forty (40) Hour Employees and forty-eight (48) for Fifty-Six (56) Hour Employees.

Section 4 – Page 10


SUBJECT:

EMPLOYEE TRAVEL EXPENSE

LAST REVISED:

N/A

STATEMENT OF POLICY: Town Employees shall be eligible for a $50.00 per diem (per day) allowance while traveling on Town related business to another city that is: 1.

At least 75 miles in distance from the Town; and

2.

The duration of the trip exceeds ten (10) consecutive hours.

The Employee per diem allowance is to reimburse the Employee for his/her food and beverage purchases, gratuity, and other miscellaneous expenses which an Employee incurs while traveling on or for Town business. The Town shall grant an Employee a per diem allowance for each full day that the Employee is away. Should travel commence after 12 noon and before 6 p.m. or conclude after 12 noon and before 6 p.m., the Employee shall be entitled to ½ of the per diem allowance for that day. Proof of expenses covered by the per diem allowance is not required for reimbursement. However, meals provided by a third-party while on Town related travel or business shall reduce the per diem accordingly: Breakfast - $10, Lunch - $15, Dinner - $25. If a meal plan is offered, then that option is to be compared to the allotted per diem and the lesser value will be paid. Other expenses (i.e. ground transportation) incurred by an Employee on Town business that do not qualify for the per diem allowance must be reasonable and supported with the proper receipts and submitted for reimbursement on the Town’s designated form for same, in accordance with other Town policies, where applicable. Receipts for expenses covered by the per diem allowance are not required, but to be eligible for the per diem allowance, the employee must document the following: 1.

Date and time of travel departure;

2.

Date and time of travel return; and

3.

Destination.

Receipts for all air and ground transportation and lodging are required for reimbursement. The Department Head has ultimate responsibility for insuring compliance with this policy. As with any expense incurred to the Town by an Employee, he/she shall obtain prior approval of his/her Department Head or the Town Administrator and approval for all reimbursements.

Section 4 – Page 11


SUBJECT:

PERSONAL VEHICLE REIMBURSEMENT

LAST REVISED:

N/A

STATEMENT OF POLICY: The determination of the reimbursement due to an Employee for use of his/her personal vehicle for Town purposes is as follows: 1.

Employees Receiving Monthly Vehicle Allowance – applies only to the use of personal vehicles for transportation to and from a destination outside a fifty (50) mile radius of the Town. Actual cost of fuel. This is best recorded by starting with a full tank when leaving the Town, refueling as needed and refilling upon return. Reimbursement will be made on receipts of purchase.

2.

All Other Employees Actual miles traveled at the prevailing mileage allowance (please see employee expense voucher or travel expense voucher). For transportation to off-site training from the Employee’s residence, the Employee’s normal commute mileage will be deducted.

Note: Travel for Town-related business shall be subject to the following: A.

For all travel within a 300 mile radius of Highland Park, travel reimbursement will be based upon the lesser of: 1) the stated mileage between Highland Park and destination, at the prevailing mileage allowance or 2) the estimated cost of fuel for employees receiving a monthly vehicle allowance and airfare, flight related costs, parking, plus ground transportation.

B.

Lodging reimbursement will be based upon the rate quoted for reservations within stated time restrictions, if applicable. Extenuating circumstances prohibiting the making of timely reservations will be considered on an individual basis.

Requests for reimbursement shall be made using the Town’s “Travel Expense” voucher form.

Section 4 – Page 12


SECTION 5: BENEFITS


SUBJECT:

TEXAS MUNICIPAL RETIRMENT SYSTEM (TMRS)

LAST REVISED:

N/A

STATEMENT OF POLICY: The Town’s retirement system is through the Texas Municipal Retirement System (“TMRS”). The plan calls for a 7% contribution from the Employee. The Town, after a 5-year vesting period, will match that contribution 2 to 1 if an Employee meets all retirement qualifications. Retirement eligibility is twenty (20) years creditable service at any age, or, five (5) years of service and sixty (60) years of age, which ever comes first. If an Employee leaves service with the Town before retirement, he/she may leave deposits in TMRS for five (5) years, or roll over the deposits to another retirement program, or cash out their contributions with tax penalties applied. (Please refer to the TMRS Benefits Guide). TMRS is a mandatory program for all Full-Time and Part-Time Employees whose regular scheduled hours total at least 1,000 hours per calendar year. TMRS Member Services: TMRS Email: Web Site:

(800) 924-8677 membership@tmrs.org www.tmrs.org

(Sections 9.02.001-9.02.010 of the Code)

Section 5 – Page 1


SUBJECT:

EMPLOYEE INSURANCE

LAST REVISED:

February 2, 2007

STATEMENT OF POLICY: The Town provides life, accidental death & dismemberment, long-term disability, health and dental insurance at no cost to all Full-Time Employees. The amount of life, accidental death & dismemberment and long term disability insurance provided to the Employee is equal to one times (1x) the amount of the Employee’s base pay, plus pay for performance (see Section 4 - Page 7). Part-Time Employees may choose life, accidental death & dismemberment, long-term disability, health and dental insurance coverage on a shared cost basis, subject to the numbers of hours worked. Forms and information are available in the Finance Department. Additional voluntary life insurance, dependant life insurance is also available for the Employee, spouse, and/or family, at an additional cost to the Employee. This additional life coverage is subject to certain qualifying conditions of the insurance company. The Town attempts to provide the best health, dental and life insurance coverage to its Employees at the most favorable cost. The Town has chosen to provide Employees with an option for health and dental coverage under both managed care and point of service plans. The Town’s contribution towards both health and dental insurance coverage is based on the managed care plans. Dependent health and dental coverage is available at the Employee’s expense, which is treated as a non-taxable deduction from payroll. (See FLEXIBLE SPENDING ACCOUNTS, Section 5 – Page 6). Retiring Employees may make a one time election to continue health, dental and life insurance coverage, at group rates, at their expense. Such coverage for health and dental benefits will cease at age 65. The life insurance election is for $10,000.

Section 5 – Page 2


SUBJECT:

WORKERS’ COMPENSATION

LAST REVISED:

N/A

STATEMENT OF POLICY: All Employees of the Town are covered by the Town’s Workers’ Compensation insurance. Benefits afforded under Workers’ Compensation are strictly established and regulated by the Texas Workers’ Compensation Commission (“TWCC”) and State law.

Section 5 – Page 3


SUBJECT:

WORKERS’ COMPENSATION SALARY CONTINUATION

LAST REVISED:

April 27, 2006

STATEMENT OF POLICY: Subject to specific provisions, the Town provides for each Full-Time Employee who sustains an injury while acting in the course and scope of employment and is medically excluded from performing duties, as assigned, salary continuation for a period not to exceed 30 days. The Employee shall reimburse the Town for any amount received in the form of Workers’ Compensation benefits as administered through the Town’s Workers’ Compensation insurance provider during this 30-day period through payroll deductions. Should an Employee be medically required to remain away from work for a period of time greater than thirty (30) days, the Employee will be eligible for Workers’ Compensation Salary Supplement benefits and may use accrued leave to supplement the difference between total paid Workers’ Compensation benefits and base pay per pay period. Please read Appendix B, Administration of Workers’ Compensation Claims and Benefits for additional information as well as conditions and restrictions related to Workers’ Compensation Salary Continuation.

Section 5 – Page 4


SUBJECT:

WORKERS’ COMPENSATION SALARY SUPPLEMENT

LAST REVISED:

April 27, 2006

STATEMENT OF POLICY: Subject to specific provisions, the Town provides for each Full-Time Employee who sustains an injury while acting in the course and scope of employment, salary supplement benefits which will supplement Workers’ Compensation Temporary Income Benefits (“TIB”) to a level equal to 75% of the Employee’s regular weekly pay if the Employee’s hourly rate is less than $8.50 or 70% if the Employee’s hourly rate is $8.50 or greater to the then prevailing weekly maximum. Workers’ Compensation Salary Supplement becomes effective on the 31st day that an Employee is medically excluded from performing duties, as assigned. Please read Appendix B, Administration of Workers’ Compensation Claims and Benefits for additional information as well as conditions and restrictions related to Workers’ Compensation Salary Supplement.

Section 5 – Page 5


SUBJECT:

FLEXIBLE SPENDING ACCOUNTS

LAST REVISED:

November 26, 2007

STATEMENT OF POLICY: The Town has adopted provisions of the Internal Revenue Service Code (Section 125) that allows Employees to establish flexible spending accounts, so that an Employee may use his/her income sheltered from federal taxation for the purpose of paying for applicable medical, health and/or for dependent care costs that are incurred due to being employed, with income sheltered from federal taxation. Employees may elect to set aside (deduct from payroll) a maximum of $5,000 per calendar year in one or the combination of Flexible Spending Accounts. In the situation where an Employee elects to set aside the maximum of $5,000 in a Dependent Care Flexible Spending Account, the Employee may also choose to set aside up to $3,000 in a Medical Flexible Spending Account. The election is made once, at the beginning of the calendar year, and cannot be altered unless the Employee experiences a life changing event such as birth of a child, marriage, divorce, etc. The reimbursement of eligible expenses is managed by the Finance Department. Employees have until March 31st of each following calendar year for reimbursement of eligible expenses paid during the year of election. Any money left in an Employee’s flexible spending account after the March 31st cutoff date will be forfeited by the Employee and the money will be placed into the Employee Christmas Fund (see Section 4 - Page 8). Employees are allowed a “Grace Period” of two and ½ months after the Plan Year for the incurring of medical expenses for reimbursement from contributions made during the Plan Year. What this means is that the money you set aside for medical reimbursement during the calendar Plan Year can be used to reimburse out-of-pocket medical costs incurred for that calendar year plus the period of January 1st through March 15th of the following calendar year.

Section 5 – Page 6


SUBJECT:

TUITION REIMBURSEMENT

LAST REVISED:

March 23, 2012

STATEMENT OF POLICY: The Town will reimburse any Full-Time Employee for the tuition and a portion of the cost of books for any undergraduate or graduate college course(s) taken that is/are determined to be beneficial to both the Town and the Employee under the following conditions: 1. 2. 3. 4. 5. 6.

Employee must have a minimum of one (1) year service with the Town, either full-time or part-time; Request is approved by the Employee’s Department Head prior to enrollment; Funds are available; Course(s) shall be taken from an accredited college or university; Course(s) shall be taken from a state or community college if available; and Employee makes a grade of “C” or better for undergraduate studies and a grade of “B” or better for graduate studies.

The maximum reimbursement which the Town may pay will be as follows: Basic Registration Fees Each Semester Hour

$150.00 $150.00

Books shall be reimbursed at a rate of 50%. I, the undersigned, understand that, in consideration for reimbursement of eligible costs for this course, I will owe the Town such reimbursement, or portion thereof, should I voluntarily leave my employment and/or upon termination with the Town and prior to the release of my final pay check. I must pay reimbursement by cashier’s check or money order, according to the following schedule: Length of Service Since Receipt of Reimbursement

Percentage of Refund

0 - 6 Months 6+ - 12 Months 12+ - 18 Months 18+ - 24 Months Over 24 Months

100 75 50 25 0

*An Employee applying for Tuition Reimbursement shall be requested to complete an agreement with the Town which contains additional conditions and/or obligations, and which shall constitute a contingent contract for reimbursement between the Town and the Employee. Section 5 – Page 7


SUBJECT:

CREDIT UNION

LAST REVISED:

N/A

STATEMENT OF POLICY: Membership in the City Employee Credit Union is available to all Employees. Forms and information are available in the Finance Department. Enrollment must be done at the City Employee Credit Union office located at 7474 Ferguson Road, Dallas, Texas 75228-6552, or call (214) 319-3016 for any questions.

Section 5 – Page 8


SUBJECT:

ICMA RETIREMENT CORPORATION (“ICMA-RC”)

LAST REVISED:

November 26, 2007

STATEMENT OF POLICY: The Town offers, in accordance with Section 457 of the Internal Revenue Code, a voluntary Deferred Compensation retirement plan available to all Employees through ICMA. There is no Town contribution to this plan, and accordingly, the Town does not “match” and/or pay a percentage of what an employee contributes into this plan. Furthermore, under this plan the Employee has sole responsibility for the management of Employee contributed funds. Under this plan, Employees may defer each year a maximum of fifty percent (50%) of his/her predeferral taxable income or an annual dollar limit, whichever is less. The dollar limits are as follows: Year 2008 2007

Contribution Limit $15,500 $15,500

After year 2006 the limits will be indexed to inflation in $500 increments. Participation is handled through payroll deduction so the Employee’s taxes are reduced each pay period. If the Employee is over 50 years of age, or within three years of normal retirement age, and already contributing the maximum to his/her plan, he/she is allowed to make additional “catch-up” contributions. Forms and information are available in the Finance Department. The most current information regarding ICMA may be obtained at the following: Customer Service in English: (800) 669-7400 Customer Service in Spanish: (800) 669-7400 ext. 8216 Web Site: www.icmarc.org

Section 5 – Page 9


SUBJECT:

DIRECT DEPOSIT

LAST REVISED:

September 16, 2004

STATEMENT OF POLICY: The Town offers automatic electronic deposit of payroll checks (“Direct Deposit”). It is mandatory for all new Employees to participate in Direct Deposit. Employees may select up to five (5) different accounts for distribution. Employees may also obtain certain privileges or incentives at the Town’s then current bank depository using the Direct Deposit service. See the Finance Department for details and forms. Effective January 1, 2005, all payroll and pay related payments will be made via Direct Deposit.

Section 5 – Page 10


SUBJECT:

LIBRARY SERVICES

LAST REVISED:

N/A

STATEMENT OF POLICY: All Full-Time Employees are eligible for an Employee Library card, giving them access to the Library’s fiction, non-fiction, audio and video tapes, CD and DVD collection.

Section 5 – Page 11


SUBJECT:

COBRA (CONSOLIDATED OMNIBUS BUDGET RECONCILATION ACT)

LAST REVISED:

N/A

STATEMENT OF POLICY: Federal law mandates that the Town extend the right to Employees for temporary continuation of coverage through its group health and dental plans to Employees in the event the Employee loses health and dental coverage due to a reduction in hours of employment or for termination of employment (for reasons other than gross misconduct on the Employee’s part). This law also extends the right for temporary continuation of health and dental coverage to the spouse of an Employee if such coverage is lost due to: 1.

2. 3. 4.

A reduction in the hours of employment for the Employee, or for termination of the Employee’s employment (for reasons other than gross misconduct on the Employee’s part); The death of the Employee; The divorce or legal separation from the Employee; or The Employee becomes eligible for Medicare benefits.

A dependent child of an Employee has the right to the continuation of heath and dental coverage if such coverage is lost due to: 1.

2. 3. 4. 5.

A reduction in the hours of employment for the Employee, or for termination of the Employee’s employment (for reasons other than gross misconduct on the Employee’s part); The death of the Employee (parent); The Employee (parent) divorces or legally separates; The Employee becomes eligible for Medicare benefits; or The dependent ceases to be a dependent under the definition of the heath and dental plans.

The continuation of coverage is elective and premium costs are the responsibility of the individual(s) electing continuation. The benefit to the Employee is that such premiums are at the Town’s existing group rate(s). An additional administrative fee is also collected and is based upon the nature of the qualifying event(s). Employees are encouraged to read APPENDIX F for additional provisions regarding COBRA.

Section 5 – Page 12


SUBJECT:

RETIREMENT HEALTH SAVINGS PLAN

LAST REVISED:

N/A

STATEMENT OF POLICY: The Town offers a voluntary “Retirement Health Savings Plan” (“RHS Plan”), through the ICMA Retirement Corporation VantageCare product. This is a health benefit savings plan that allows you to accumulate assets to pay for medical expenses for you, your spouse and/or your dependents (e.g., health insurance and prescription expenses) in retirement on a tax-free basis. Open enrollment for RHS Plan is December of each year for current Employees. New Employees will be eligible for enrollment up to 30 days from their date of hire. Overview for the RHS Plan: • • • • • • • • • •

Refund for retirement medical expenses; Tax-free contributions and distributions (no Federal or FICA taxes) Does not affect TMRS benefits Eligible to use contributions upon termination; Use for medical expenses only (no emergency withdrawal option) Contributions – pre-tax are irrevocable o Pretax wages: Up to 25% o Pretax final pay: Up to 100% Fees: $30 Annual + .30% asset fees A variety of investment options offered through ICMARC’s VantageCare product TPA: Zenith Administrators ο Up to 30 days to pay, suspend or deny. Quarterly Statements ο Includes ICMA-RC 457, RHS and IRAs

For additional information please contact Eunice Brogdon (972) 306-0701 or email at ebrogdon@icmarc.org .

Section 5 – Page 13


SECTION 6: HOURS OF WORK, ATTENDANCE, LEAVES OF ABSENCE & TIME OFF


SUBJECT:

ATTENDANCE AND PUNCTUALITY

LAST REVISED:

N/A

STATEMENT OF POLICY: To maintain a safe and productive work environment, the Town expects all Employees to speak directly with his/her Supervisor in advance of an anticipated tardiness or absence. In the rare instances when an Employee cannot avoid being late to work, or is unable to work as scheduled (e.g., an automobile accident), he/she should notify his/her Supervisor as soon as reasonably convenient. Poor attendance and excessive tardiness are disruptive. Either may subject the Employee to disciplinary action, including termination.

Section 6 – Page 1


SUBJECT:

HOURS OF WORK

LAST REVISED:

N/A

STATEMENT OF POLICY: Each Department Head shall establish normal working hours that comply with the Fair Labor Standards Act, and only after obtaining the concurrence of the Town Administrator. The standardization of working hours is necessary to provide continuity in access by and service to the citizenry, facilitation of teamwork, and facilitation of supervisory assistance. The Town’s General Administration, Customer Service, Public Safety Administration, Finance, Building Inspection and Municipal Court offices shall be open 7:30 a.m. – 4:30 p.m., Monday through Friday (excluding holidays). The normal working hours for Library personnel are from 9:00 a.m. to 6:00 p.m., Tuesday through Saturday (excluding holidays). Employees are expected to be at their work location and ready to begin work at the beginning of their work schedule. Attendance records in the form of manually prepared time sheets including date and time of absence and reason for same, shall be maintained by the Finance Department. Attendance shall be a consideration in determining performance level promotions, transfers, satisfactory completion of probationary periods, and continued employment with the Town. Frequent tardiness or other attendance irregularities shall be cause for disciplinary action, including termination. Work hours for Part-Time and/or other certain Employees, may vary from the normal office hours noted above due to the nature of their duties. The Department Head will determine the varying hours only after obtaining the concurrence of the Town Administrator.

Section 6 – Page 2


SUBJECT:

EMPLOYEE HOLIDAYS

LAST REVISED:

September 3, 2009

STATEMENT OF POLICY: The following days will be observed as paid Town holidays for all Full-Time Employees: New Year’s Day Martin Luther King, Jr. Day Memorial Day Independence Day Labor Day

September 11th Thanksgiving Day Friday after Thanksgiving Day Christmas Eve Christmas Day

The Town Library is closed on Sundays and Mondays. Whenever an observed holiday falls on a non-work day, the holiday is observed on either the work day immediately preceding or following the specific holiday. For the Library personnel, the Friday after Thanksgiving Day will be recognized the Saturday before Easter, and holidays that are observed on Mondays (Memorial Day, Martin Luther King, Jr. Day and Labor Day) will be observed on the preceding Saturday. There is no maximum balance of Holiday Leave that can be accrued. However, effective October 1, 2007, the following schedule shall be followed in payment of accrued Holiday Leave upon termination of employment: FISCAL YEAR

After 2009-2010

2007-2008

2008-2009

2009-2010

40 Hour Employee

100% Of Balance

160 Hours plus 75% of excess of 160 hours

160 Hours plus 50% of excess of 160 hours

160 Hours

56 Hour Employee

100% Of Balance

240 Hours plus 75% of excess over 240 Hours.

240 Hours plus 50% of excess over 240 hours.

240 Hours

Any Employee having to work on an official Employee holiday will accrue holiday time to be used at a later date, subject to Department Head approval. Fifty-six (56) hour/week Employees and Public Safety Dispatchers accrue 12 and 8 hours, respectively, for each observed holiday (hereinafter referred to as “Holiday Leave”). If an Employee fails to report to work on the last scheduled work day preceding the holiday, or the first scheduled work day following a holiday, then said Employee shall not be eligible for holiday pay unless he or she is on Vacation Leave, Discretionary Leave or Major Medical Sick Leave on the day or days in question. (Section 9.03.004 of the Code) Section 6 – Page 3


SUBJECT:

VACATION LEAVE

LAST REVISED:

February 2, 2007

STATEMENT OF POLICY: Vacation Leave is accrued at the following schedule: 40 Hour Employees

1 to 5 years 5+ to 15 years Over 15 years

80 hours 120 hours 160 hours

56 Hour Employees

1 to 5 years 5+ to 15 years Over 15 years

120 hours 168 hours 216 hours

Vacation Leave is accrued on a pro-rated basis on January 1st in the Employee’s first year of employment. Vacation Leave is accrued thereafter on January 1st of each year based upon the numbers of years of service completed as of the preceding December 31st. All Vacation Leave must be used within the calendar year. No Vacation Leave may be carried over to a subsequent calendar year without the Town Administrator’s approval. An Employee’s use of his/her Vacation Leave must first be approved by his/her Department Head.

(Section 9.03.002 of the Code)

Section 6 – Page 4


SUBJECT:

DISCRETIONARY LEAVE

LAST REVISED:

February 2, 2007

STATEMENT OF POLICY: The use of Discretionary Leave for purposes other than personal illness of the Employee shall require prior approval of the Employee’s Department Head or the Department Head’s designee. In case of emergency, the Employee shall contact their respective Department Head, or the Department Head’s designee, regarding the absence. Discretionary Leave is accrued at the following schedule: 40 Hour Employees

72 hours per year @ a rate of 2.77 hours per bi-weekly pay period.

56 Hour Employees

96 hours per year @ a rate of 3.70 hours per bi-weekly pay period.

In no instance may Discretionary Leave be used, or granted, prior to the earning and recording of such Leave in the Employee’s Leave records. Use of Discretionary Leave is not permissible subsequent to an employee giving notice of resignation.

(Section 9.03.002 of the Code)

Section 6 – Page 5


SUBJECT:

MAJOR MEDICAL SICK LEAVE

LAST REVISED:

February 2, 2007

STATEMENT OF POLICY: The Forty (40) Hour Employee earns 48 hours of Major Medical Sick Leave per year @ a rate of 1.85 per bi-weekly pay period. The Fifty-six (56) Hour Employee earns 72 hours of Major Medical Sick Leave per year @ a rate of 2.77 per bi-weekly pay period. Major Medical Sick Leave is only available for illness of an Employee. It may be used after an Employee has been out for 40 hours consecutively (for the 40 Hour Employee) or 48 hours consecutively (for the 56 Hour Employee). Should an Employee, having met the Major Medical Sick Leave requirement, return to work, but have to be off again within 15 calendar days because of the same illness, there is no additional qualifying time required. Major Medical Sick Leave cannot be used prior to its accrual, and it is carried over from year to year. (Section 9.03.002 of the Code)

Section 6 – Page 6


SUBJECT:

FUNERAL LEAVE

LAST REVISED:

February 2, 2007

STATEMENT OF POLICY: All Full Time Employees may be eligible for Funeral Leave due to the death of an Immediate Family Member in accordance with the following: 40 Hour Employees - 24 hours 56 Hour Employees – 48 hours Funeral Leave, when granted, shall be deducted from Major Medical Sick Leave. The amount of an Employee’s unused accrued Leave and the Town shall determine whether the Funeral Leave is with or without pay. (See Section 6 – Page 6) (Section 9.03.003 of the Code)

Section 6 – Page 7


SUBJECT:

MATERNITY LEAVE

LAST REVISED:

February 2, 2007

STATEMENT OF POLICY: Time off from work related to Employee pregnancy (hereinafter referred to as “Maternity Leave”) is treated as any Employee illness with regard to use of Leave. Use of Discretionary Leave and/or Major Medical Sick Leave must meet the eligibility requirements as stipulated in the Code and summarized in Section 6, Pages 5 and 6. An Employee’s use of Vacation Leave, Holiday Leave and/or Compensatory Time must be pre-approved by the Employee’s Department Head. (Section 9.03.006 of the Code)

Section 6 – Page 8


SUBJECT:

JURY OR WITNESS DUTY LEAVE

LAST REVISED:

February 2, 2007

STATEMENT OF POLICY: The Town shall grant any Full-Time Employee Leave with pay for authorized jury or witness service in accordance to the following: 40 Hour Employees - 40 hours maximum per calendar year 56 Hour Employees – 56 hours maximum per calendar year If an Employee serving on jury or witness duty on his or her regularly scheduled work day is released from jury or witness duty by a Judge or the Central Jury Room Administrator at a time where 50% or more of the Employee’s regularly scheduled work hours remain, the Employee shall report to work at the Town for the balance of that regular scheduled work day. To be eligible for Jury or Witness Duty Leave, an Employee must present to his/her immediate supervisor or Department Head, that particular summons for the jury or witness in question, and shall also require certification of the dismissal date and the time, upon the Employee’s return to work.

(Section 9.03.003 of the Code)

Section 6 – Page 9


SUBJECT:

MILITARY LEAVE – TRAINING & ACTIVE DUTY

LAST REVISED:

November 26, 2007

STATEMENT OF POLICY:

The Town shall grant any full-time employee who is a member of a state military force, or member of any of the reserve components of the armed forces, paid leave (hereinafter referred to as “military training leave”), on all days during which an employee shall be engaged in authorized training when ordered or authorized by proper authority. Military training leave shall not exceed 120 hours for 40-hour employees or 168 hours for 56-hour employees, in any one calendar year. The pay benefit for “military training leave” shall be the difference between the employee’s military pay and the employee’s regular base pay in effect on the date the leave is granted, for leave taken based on regularly scheduled work hours. However, as a condition to the receipt thereof, a copy of that employee’s duty orders or other documentation satisfactory to the Town must be presented showing the dates such service. An employee entering the United States military service on active duty shall be granted military leave of absence by the Town without pay for that time actually spent on active duty (hereinafter referred to as “military active duty leave”). The reemployment of an employee from military active-duty leave shall be consistent with reemployment rights as set forth in the Uniform Services Employment and Reemployment Rights Act of 1994 (USERRA), as amended. (Sections 9.03.003(c) and 9.03.005(b) of the Code)

Section 6 – Page 10


SUBJECT:

ADMINISTRATIVE LEAVE

LAST REVISED:

February 2, 2007

STATEMENT OF POLICY: On a case-by-case basis, and if the Town Administrator determines it to be in the best interest of the Town, the Town may place an Employee on administrative Leave with pay for an indefinite period of time.

(Section 9.03.003 of the Code)

Section 6 – Page 11


SUBJECT:

LEAVE OF ABSENCE WITHOUT PAY

LAST REVISED:

February 2, 2007

STATEMENT OF POLICY: An Employee may be granted Leave of absence without pay by the Town, for any reason deemed satisfactory to the Town, for a period not to exceed ninety (90) calendar days, and when the granting of such Leave is in the mutual interest of the Town and the Employee. Such Leave shall be requested in writing no less than fourteen (14) calendar days prior to the beginning of the Leave, and said request shall be approved by the Employee’s Department Head and the Town Administrator. An Employee accepting other employment while on Leave of Absence, (or who engages in business for himself/herself while on Leave of Absence) shall be terminated by the Town. An Employee not returning to work upon the expiration of that Employee’s Leave of Absence shall be considered to have voluntarily terminated employment with the Town. An Employee on Leave of Absence shall not accrue any Employee Leave benefits described in Section 6 and/or the Code. (Section 9.03.005 of the Code)

Section 6 – Page 12


SUBJECT:

BAD WEATHER POLICY

LAST REVISED:

N/A

STATEMENT OF POLICY: The decision for an Employee to report to work during existing and/or forecasted inclement weather will be made by the Employee’s Department Head. Reasonable effort should be made to report to work on days of inclement weather; however, hours which an Employee does not work based on the Employee’s absence during inclement weather, shall be charged to and/or deducted from the Employee’s accrued Leave hours.

Section 6 – Page 13


SUBJECT:

FAMILY MEDICAL LEAVE ACT

LAST REVISED:

N/A

STATEMENT OF POLICY: As provided by the 1993 Family and Medical Leave Act (FMLA), hereinafter (“Family Leave”), all eligible Employees shall be entitled to take up to 12 weeks of unpaid, jobprotected Leave during any 12 month period for certain covered family and medical reasons. Qualified Family Leave shall include: the birth or placement of a child by adoption or foster care, to care for an immediate family member (spouse, child or parent) with a serious health condition, or a serious health condition of the Employee. An Employee shall be entitled to Family Leave when he/she has worked for at least 12 months for the Town and the Employee worked at least 1,250 hours during this time period. When both spouses are employed by the Town, they are jointly entitled to a combined total of 12 work weeks of Family Leave for the birth of a child or placement of a child by adoption or foster care. To qualify for Family Leave, the Employee must provide 30 days advance notice when the Leave is “foreseeable”. The Employee is required to provide medical certification to support a request for Leave due to a serious health condition. When applicable, the Town shall require the Employee to provide a “fitness for duty report” in order for the Employee to return to work. It is the responsibility of the Employee to keep the Town informed of any changes of dates and conditions. For additional information related to the administration of and requirements for Family Medical Leave benefits please see pages 16 – 19, Appendix D for Family Medical Leave Act.

Section 6 – Page 14


SUBJECT:

VOLUNTARY REDUCED WORK SCHEDULE

LAST REVISED:

N/A

STATEMENT OF POLICY: An Employee may make a written request for a voluntary reduced work schedule. A voluntary reduced work schedule is defined as a period of time during which an Employee voluntarily works less than his or her assigned full-time work schedule and where the Employee does not qualify for or receive any paid Leave for hours absent from work. Such written request must state the cause for the reduction of the number of hours in the Employee’s work schedule and the expected duration of such voluntary reduced work schedule. The Town reserves the right to grant or deny any such request, and each request shall be evaluated on a case by case basis. When an Employee is granted voluntary reduced work schedule, the accrual of Vacation Leave, Discretionary Leave, Major Medical Sick Leave and pay for Employee Holidays will be calculated on a pro-rata basis as determined by the number of hours worked in the reduced schedule. Employees on a voluntary reduced work schedule shall be liable for a percentage of the Town’s cost for those Town paid benefits provided to the Employee -- including health, dental and life insurance -- calculated on the number of hours absent from work.

Section 6 – Page 15


SUBJECT:

CONVERSION OF ACCRUED LEAVE BANKS

LAST REVISED:

February 11, 2008

STATEMENT OF POLICY: When an employee is transferred or promoted between the 40 hour work week and 56 hour work week assignments, that employee’s accrued leave balances (Discretionary, Major Medical, Vacation and Holiday) shall be adjusted as follows: a. from a 40 hour work week to a 56 hour work week assignment – the accrued leave balances will be re-calculated to reflect the comparable balances of leave hours as if they had accrued same on the 56 hour work week basis; b. from a 56 hour work week to a 40 hour work week assignment - the accrued leave balances will be re-calculated to reflect the comparable balances of leave hours as if they had accrued same on the 40 hour work week basis. This re-computation of leave hours applies to any and all eligible transfers or promotions since October 25, 2005.

Section 6 – Page 16


SECTION 7: CONDUCT AND DISCIPLINE


SUBJECT:

GENERAL CONDUCT POLICIES

LAST REVISED:

N/A

STATEMENT OF POLICY: The safety and welfare of the Town’s citizens shall at all times be held as a central mission of the Town. All Employees are expected to represent the Town to the public in a professional manner which is courteous, efficient and helpful. Employees must maintain a clean and neat appearance appropriate to their work assignment, as determined by their position and Department Head. Since the proper working relationship between Employees and the Town depends on each Employee’s on-going job performance, professional conduct and behavior, the Town has established certain minimum standards of personal conduct. Among the Town’s expectations are: Basic tact and courtesy towards the public and fellow Employees; adherence to the Town’s policies, procedures, safety rules and safe work practices; compliance with directions from supervisors; preserving and protecting the Town’s equipment, grounds, facilities and resources; and providing orderly and cost efficient services to its citizens.

Section 7 – Page 1


SUBJECT:

OUTSIDE EMPLOYMENT

LAST REVISED:

February 2, 2007

STATEMENT OF POLICY: Employees may not engage in any outside work, which is inconsistent with or will create conflict with an Employee’s duties at the Town. Outside employment which will bring discredit on the Town or on a department, or which is in violation of state statutes, will not be permitted. Department of Public Safety personnel will be required to submit written requests to the Director of Public Safety for authorization to engage in outside employment. Employees engaged in outside employment after hours should be aware that the Town’s workers’ compensation insurance policy will not cover accidents or injuries suffered while in the employ of another. It is the Employee’s responsibility to ensure that the second employer carries the necessary Workers’ Compensation insurance. If an Employee is self-employed or working with another person and/or company, and is injured while working in such business, he/she will not be covered by the Town’s workers’ compensation insurance. If an Employee has a question regarding coverage, he/she should contact the Finance Department before deciding to accept outside employment.

(Section 1.07.003 of the Code)

Section 7 – Page 2


SUBJECT:

UNIFORMS

LAST REVISED:

N/A

STATEMENT OF POLICY: Some Employees are required to wear Town provided uniforms on the job. Employees will be expected to maintain uniforms in an acceptable manner.

Such

No uniform may be worn away from the job without prior written permission from the Employee’s Department Head. All uniforms and Town issued equipment must be returned to the Town before an Employee receives his/her final paycheck.

Section 7 – Page 3


SUBJECT:

DRESS AND APPEARANCE POLICY

LAST REVISED:

September 28, 2009

STATEMENT OF POLICY: Employees are expected to report to work well groomed, clean and dressed according to the parameters as set forth in Appendix G – DRESS AND APPEARANCE POLICY of this Handbook.

Section 7 – Page 4


SUBJECT:

SEXUAL HARASSMENT

LAST REVISED:

February 2, 2007

STATEMENT OF POLICY: Sexual Harassment shall be defined as unwelcome sexual advances, requests for sexual favors, visual, verbal, or physical conduct of a sexual nature or based on a person’s gender when: 1.

Submission to such conduct is a term or condition of employment;

2.

Submission to or rejection of such conduct is used as the basis for making employment decisions; and

3.

Such conduct has the purpose of effect or unreasonably interferes with an Employees work performance or creating an intimidating, hostile, or offensive work environment.

Sexual Harassment of any type is strictly prohibited and will not be tolerated. Employees found guilty of Sexual Harassment will be subject to disciplinary action, including termination. Every Employee of the Town shall attend a lecture, which the employee shall receive the Town’s written policy on Sexual Harassment. At such lecture, every employee shall learn and understand the Town’s policy strictly prohibiting Sexual Harassment, and Employee’s duties and responsibilities as a perpetrator, victim and/or witness of Sexual Harassment. (Sections 9.04.001-9.04.007 of the Code)

Section 7 – Page 5


SUBJECT:

LIFE-THREATENING ILLNESS

LAST REVISED:

N/A

STATEMENT OF POLICY: Employees with life-threatening illnesses, such as cancer, heart disease, and AIDS, often wish to continue their normal pursuits, including work, to the extent allowed by their condition. The Town supports these endeavors as long as Employees are able to meet acceptable performance standards. As in the case of other disabilities, the Town will make reasonable accommodations, in accordance with all legal requirements, to allow qualified Employees with life-threatening illnesses to perform the essential functions of their jobs.

Section 7 – Page 6


SUBJECT:

POLITICAL ACTIVITY

LAST REVISED:

February 2, 2007

STATEMENT OF POLICY: An Employee may participate in all political activities which are not prohibited by this policy. An Employee may not engage in political activities while on duty or in uniform. An Employee may not use his/her authority, influence, or official position as a Town of Highland Park Employee to influence the result of any election or nomination for elective office. An Employee may not directly or indirectly coerce, command, or advise any public officer or Employee to pay, lend or contribute anything of value to any person or organization for political purposes. Town-owned facilities, personnel, equipment, supplies, vehicles, printing facilities, local or long distance telephone services, or other resources shall not be used in or for any campaign or other political activity.

(Sec. 1.07.003 – of the Code)

Section 7 – Page 7


SUBJECT:

GIFTS POLICY

LAST REVISED:

February 2, 2007

STATEMENT OF POLICY: All Employees should be most cautious about even the appearance of receiving some benefit from anyone the Town regulates or with whom it does business. Such gifts may be construed as payment for an official favor, either sought or gained. Acceptance of any gift prohibited by this policy may be cause for disciplinary action, including termination. The acceptance of personal gifts by Employees is specifically prohibited except in those cases where the gratuity is extended to all Employees, such as a basket of fruit, nuts, or candy sent to the department for distribution to all Employees. Promotional items such as calendars, pens, or T-shirts which are prepared for distribution to the general public are also acceptable. Public donations of equipment, food, money, or service which are made to a department or to the Town in conformance with Town Council approved policies are permissible. Gifts to individual Employees or their families or guests are expressly prohibited. In the event an Employee is unsure whether or not the acceptance of a gift or opportunity is prohibited by this policy, and to protect himself/herself from future negative repercussions, an Employee must, prior to soliciting, accepting, or agreeing to accept any gift or benefit, write a memo to his/her Department Head describing the type of gift or benefit offered, the name of the person or entity making the offer, and the reason he/she believes acceptance should not be prohibited by this policy. Should an Employee receive a prohibited gift, the gift shall be immediately returned and accompanied by a letter stating that the gift is returned because Town policy does not permit Employees to accept gifts. Copies of all such letters should be sent to the Finance Department. Once a year, the Town residents make monetary contributions to the “Employee Christmas Fund”. All funds received from the residents for Christmas shall go into this fund for distribution.

(Section 1.07.003 of the Code)

Section 7 – Page 8


SUBJECT:

USE OF TOWN VEHICLES

LAST REVISED:

N/A

STATEMENT OF POLICY: Certain Employees may be given a Town vehicle for use during working hours. Employees who use Town vehicles are expected to maintain the appearance of the vehicle. It is also each Employee’s responsibility to follow established safety rules and regulations and to exercise sound judgment in the care, maintenance, and operation of vehicles or other equipment. An Employee is strictly prohibited from using a Town vehicle for personal use and/or a use unrelated to that Employee’s scope of employment at the Town.

Section 7 – Page 9


SUBJECT:

TOBACCO-FREE WORKPLACE POLICY

LAST REVISED:

September 28, 2009

STATEMENT OF POLICY: All Town buildings and work areas are tobacco-free environments. The use of tobacco products is prohibited inside any Town building, vehicles or equipment being used for Town purposes and in any public, work-related activity. Designated areas for the use of tobacco products outside of Town facilities have been provided for Employees.

(Sections 6.04.031-6.04.032 of the Code)

Section 7 – Page 10


SUBJECT:

DRUG AND ALCOHOL POLICY

LAST REVISED:

N/A

STATEMENT OF POLICY:

Use and misuse of alcohol or drugs can and does impair the ability of Employees to perform his/her duties, and such misconduct may endanger Employees, co-workers, and/or the public at large. The Town seeks to prevent such use/abuse/misuse of alcohol and/or drugs by Employees. The unlawful manufacture, distribution, dispensing, possession, sale, purchase, or use of alcohol or a controlled substance, on Town property during and after work hours is prohibited. Being under the influence of alcohol or illegal drugs (as defined in Appendix A under definitions) on Town property is prohibited. The unauthorized use or possession of prescription drugs or abuse of over-the-counter drugs on Town property is prohibited. Alcoholism and other drug addictions are recognized as conditions responsive to proper treatment, and this will be an option as long as the Employee cooperates. Employees who violate this policy are subject to disciplinary action, including termination. (Please see pages 1 – 5, Appendix A for Town of Highland Park Drug and Alcohol Policy.)

Section 7 – Page 11


SUBJECT:

INTERNET / E-MAIL POLICY

LAST REVISED:

N/A

STATEMENT OF POLICY:

The Town of Highland Park’s Electronic Mail System (“E-mail”) is designed to facilitate Town business communication among Employees and other business associates for messages or memoranda. Since no computer system is completely secure, the E-mail system is not intended to transmit sensitive materials, such as personnel decisions and other similar information which may be more appropriately communicated by written memorandum or personal conversation. E-mail is Town property and intended for Town business. E-mail is not to be used for Employee personal gain or to support or advocate non-Town related business or purposes. All data and other electronic messages within this system are the property of the Town of Highland Park. E-mail messages have been found to be public records and may be subject to the right-to-know laws, depending upon its content. In addition, the Town, through its managers and Supervisors, reserves the right to review the contents of Employee’s E-mail communications when necessary for Town business purposes. Employee’s may not intentionally intercept, eavesdrop, record, read, alter or receive other person’s E-mail messages, without proper authorization. The Town of Highland Park purchases, owns, and administers the necessary software and licenses to provide access to E-mail and Internet services. Employees may not rent, copy or loan the software, or its documentation. The Town has invested much time and money to secure its electronic systems from intrusion and harmful viruses. Therefore, Employees may not provide alternative software to access the system. Department Heads are responsible for the implementation and adherence of this policy within their departments. The Town respects the privacy of its Employees. However, an Employee may not expect such privacy rights to extend to the use of Town-owned systems, property, equipment or supplies, or to work-related conduct. This policy is intended to notify all Town Employees that no reasonable expectation of privacy exists in connection with the use of the Town’s systems, property, equipment or supplies, or to work-related conduct. Employees are prohibited from withholding information maintained within Town supplied containers including, but not limited to, computers, computer files and computer databases. (Please see pages 13 – 15, Appendix C for Internet and Electronic Mail Policy.)

Section 7 – Page 12


SUBJECT:

PERSONAL TELEPHONE CALLS

LAST REVISED:

N/A

STATEMENT OF POLICY: Town phones are to be used for Town business and may be used for personal business on a limited basis only. Telephone calls received during business hours, whether on the Town phone system or on an Employee’s personal cell phone, must be held to both a minimum number and time, and must not interfere with the Employee’s work. An Employee shall not cause the Town to incur expense for personal long distance telephone calls and/or facsimiles.

Section 7 – Page 13


SUBJECT:

COMMON AREAS

LAST REVISED:

N/A

STATEMENT OF POLICY: Each Employee is responsible for keeping his/her work area clean and organized. The Town provides Employees common areas for eating meals and snacks, drinking coffee and other beverages, and storing drink supplies and snacks. Employees shall keep these areas clean and tidy. The proper disposal of garbage, and cleaning and putting away eating utensils, is the responsibility of each Employee.

Section 7 – Page 14


SUBJECT:

RECYCLING

LAST REVISED:

N/A

STATEMENT OF POLICY: The Town encourages Employees to recycle products and materials used in his/her business practices and in the operating procedures of the Town. This commitment and support includes the use and disposal of products and materials in a manner that will appropriately utilize natural resources. Recycling containers have been set up to promote the disposal of paper and aluminum cans.

Section 7 – Page 15


SUBJECT:

CAUSES FOR DISCIPLINARY ACTION

LAST REVISED:

N/A

STATEMENT OF POLICY: Disciplinary action includes, but is not limited to, termination of employment with the Town. Causes for disciplinary action include, but are not limited to, the following: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17.

Conviction of a felony; Violation of the provisions of the Charter of the Town of Highland Park; Acts of incompetence while on duty; Acts of said Employee, while on duty, showing a lack of good character; Acts of insubordination; Acts of misconduct while on duty; Neglect of duty or loitering while on duty; Disclosure of confidential information; Discourtesy by said Employee to the public, or to other Employees while on duty; Drinking of intoxicants or illegal use of controlled substances or drugs while on duty; Conduct prejudicial to good order while on duty; Absence without Leave; Failure or refusal to carry out instructions; Destruction, theft or conversion of Town property; Providing false information on the Town’s employment application; Violations of any of the special rules and regulations of the Town or the Employee’s department; or Habitual tardiness and/or absenteeism.

Section 7 – Page 16


SUBJECT:

DISCIPLINARY PROCEDURES

LAST REVISED:

N/A

STATEMENT OF POLICY: In every case where disciplinary action is needed, that disciplinary action which the Town takes shall be tailored to fit the specific offense or violation for which it is intended, and shall take into consideration the specific situation and the previous performance record of the individual involved. The use of progressive discipline is a means of correcting unacceptable behavior and/or actions. The Town reserves the right, but it is not obligated, to use progressive discipline where the Town deems it appropriate. Every disciplinary action taken shall be duly recorded so as to provide documentation that rules are enforced equitably and in accordance with stated policy, without regard to race, age, color, gender, religion, orientation, ethnic affiliation, disability or veteran status.

Section 7 – Page 17


SUBJECT:

PERFORMANCE IMPROVEMENT COUNSELING

LAST REVISED:

N/A

STATEMENT OF POLICY: An Employee who exhibits substandard work performance may be subject to any of the following actions: A.

Oral Counseling: For the first instance of substandard work performance, the Supervisor will advise the Employees of unsatisfactory performance and recommend specific areas for improvement. A written record of such oral counseling shall be retained within the personnel records of the Employee’s department.

B.

Written Documentation: For a second instance of substandard performance, the Supervisor will state in writing: 1.

The specific deficiency observed in the Employee’s performance;

2.

The fact that this deficiency has been previously discussed with the Employee;

3.

The necessary improvement required;

4.

The period of time in which improvement must occur; and

5.

What further action will result if the Employee fails to show satisfactory improvement.

The written documentation described above may take the form of the Employee’s quarterly Pay for Performance evaluation (see Section 4 - Page 2) and/or a separate communication. This documentation shall be signed by both the Employee and the Supervisor, and it shall be maintained within the Employee’s department. The Employee’s signature indicates receipt of the document only, not necessarily acceptance or agreement with its contents.

Section 7 – Page 18


SUBJECT:

WHISTLEBLOWER’S STATUTE

LAST REVISED:

N/A

STATEMENT OF POLICY: Under the Texas “Whistleblower’s” statute, an Employee who reports a violation of law to an appropriate law enforcement authority may not be disciplined or discriminated against in retaliation for the report, so long as the Employee acts in good faith. For the purpose of interpretation of this statute, “law” means a state or federal statute, an ordinance passed by a local government body, or a rule adopted under a statute or ordinance.

Section 7 – Page 19


SUBJECT:

EMPLOYEE MEETINGS

LAST REVISED:

N/A

STATEMENT OF POLICY: Employees may gather for non-work related purposes in areas of Town Hall, Department of Public Safety Facilities and the Service Center. Such use shall be subject to the following conditions: • • • •

Employees are not meeting and/or gathering at such time that the Employees are to be performing their respective duties and responsibilities at the Town; Any meeting and/or gathering is neither in an area being used by other Employees nor an area that is open and accessible to the public; Permission has been obtained, in writing, from the Department Head in whose department the requested area for such meeting and/or gathering is requested; and Permission is obtained, in writing, from the Town Administrator.

The use of any area by Employees is subject to the same restrictions as may be in place with regard to food, drinks, snacks, etc. and shall be subject to availability and/or the preemptive use for Town or public purposes.

Section 7 – Page 20


SECTION 8: SAFETY


SUBJECT:

SAFETY PRACTICES

LAST REVISED:

N/A

STATEMENT OF POLICY: Good safety practices and habits are the best protection against on-the-job accidents and injuries. While on duty, it is the Employee’s responsibility to exercise precautionary measures and good judgment to avoid injury to himself/herself and/or others. Employees shall report any accidents or unsafe conditions or practices to the Employee’s Supervisor immediately so corrective action, if any, may be taken. The Town encourages Employees to make suggestions which may lessen the possibility of on-the-job accidents and/or injuries.

Section 8 – Page 1


SUBJECT:

EMPLOYEE’S SAFETY RESPONSIBILITIES

LAST REVISED:

N/A

STATEMENT OF POLICY: Every Employee shall: 1.

Maintain equipment and facilities in a safe, clean and orderly manner;

2.

Ask questions about safety rules and regulations if uncertain about them for a particular piece of equipment or job assignment;

3.

Avoid horseplay on the job and comply fully with all safety rules pertaining to each Employee’s job;

4.

Properly utilize all protective equipment including footwear and clothing specified for each Employee’s particular job;

5.

Immediately bring occurrences of unsafe acts or hazardous conditions to the attention of the Employee’s Supervisor;

6.

Immediately advise Employee’s Supervisor if he/she is directed to perform a hazardous operation for which he/she has not been properly trained;

7.

Exercise great caution in performing all tasks to ensure that actions taken do not endanger him/her or anyone else.

Section 8 – Page 2


SUBJECT:

PERSONAL INJURIES AND ACCIDENTS ON THE JOB

LAST REVISED:

N/A

STATEMENT OF POLICY: If an Employee is involved in an accident during that Employee’s scheduled work hours -- whereby a person is injured, there is damage to Town property, and/or damage to property of another -- that Employee is to report the accident to his/her Supervisor immediately. This applies to any accident, vehicular or otherwise. Failure to promptly report an accident may subject the Employee to disciplinary action, including termination. All Employees involved in a work related accident are required to submit to a drug screening test. When applicable, the Employee’s Supervisor will complete the required First Report of Injury form for the Town’s workers’ compensation insurance carrier. Failure to report injuries may subject an Employee to disciplinary action, including termination.

Section 8 – Page 3


SECTION 9: LEAVING EMPLOYMENT


SUBJECT:

RETIREMENT

LAST REVISED:

N/A

STATEMENT OF POLICY:

An Employee “retires” from employment with the Town as that term is defined under TMRS provisions (see TMRS, Section 5 – Page 1). Retiring Employees are eligible for payment of some or all unused Discretionary Leave and possibly some Major Medical Sick Leave, based upon the number of years of service with the Town. Retiring Employees shall vest in unused Discretionary Leave and/or Major Medical Sick Leave as follows: Discretionary Leave

Major Medical Sick Leave

40 Hour Employees

20.8 hours per each full year of service with the Town

18 hours for each full year of service prior to January 1, 1985

56 Hour Employees

29.12 hours per each full year of service with the Town

24 hours for each full year of service prior to January 1, 1985

In no event shall the Town pay to an Employee for unused Discretionary and Major Medical Sick Leave in excess of 20.8 hours per each full year of service for 40-Hour Employees, and 29.12 hours per each full year of service for 56-Hour Employees. Pursuant to Section 5 – Page 2 (EMPLOYEE INSURANCE), retiring Employees may make a one time election to continue health, dental and life insurance coverage at group rates at the Employees’ expense.

Section 9 – Page 1


SUBJECT:

NOTICE

LAST REVISED:

N/A

STATEMENT OF POLICY: In instances where an Employee voluntarily terminates his/her employment with the Town, Employees are requested to give at least two weeks notice of intent to leave employment. Those Employees which fail to give notice shall not be entitled to receive pay for Vacation Leave accruing from January 1 of the current calendar year to the date of his/her termination.

Section 9 – Page 2


SUBJECT:

EXIT INTERVIEWS

LAST REVISED:

February 2, 2007

STATEMENT OF POLICY: All Employees who voluntarily terminate their employment with the Town, or who retire from the Town, shall attend an exit interview. At the exit interview, the Town shall provide the Employee, among other things, with information concerning available post-employment benefits and COBRA coverage. The final paycheck will include pay for any unpaid hours worked, plus all accrued and unused Vacation Leave, Holiday Leave, Compensatory Time and any other paid leave for which the Employee may be eligible in accordance with the Code. The final paycheck will include all necessary deductions for benefits mandated by law or as elected by the Employee at the exit interview. As a condition to an exiting Employee receiving his/her final paycheck from the Town, the exiting Employee shall return all Town equipment and/or his or her uniform to the Town.

Section 9 – Page 3


SUBJECT:

REFERENCE POLICY FOR FORMER EMPLOYEES

LAST REVISED:

N/A

STATEMENT OF POLICY: The Town’s policy for Department Heads, or their designees, is to provide neutral references for former Employees, regardless of the reason for his/her departure. Neutral references consist of confirmation of hiring date, termination date, position(s) held, and salary. Employees shall not respond to inquiries and/or references concerning another Employee and/or a former Employee. Employees who violate this policy are subject to disciplinary action, including termination.

Section 9 – Page 4


SUBJECT:

UNEMPLOYMENT COMPENSATION

LAST REVISED:

N/A

STATEMENT OF POLICY: Former Employees may be eligible for State Unemployment Compensation depending on the reason for loss of employment with the Town. You may contact Texas Work Force Commission at the following: Website: www.twc.state.tx.us Dallas Local: (214) 252-1200 Toll Free: (800) 939-6631

Section 9 – Page 5


APPENDIX A

TOWN OF HIGHLAND PARK DRUG AND ALCOHOL POLICY PURPOSE The purpose of this policy is to identify and remove the adverse affects of alcohol and drugs on job performance, and to protect the health and safety of the Town’s employees by providing education and treatment. Use and misuse of alcohol or drugs can and does impair the ability of an employee to perform his/her duties and may endanger the employee, his/her co-workers, and the public as well as property. The Town seeks to prevent the use/abuse/misuse of drugs and alcohol by employees in any way which impairs their ability to perform their duties.

SCOPE This policy applies to all employees of the Town regardless of rank or position and includes temporary and part-time employees.

POLICY 1.

Alcoholism and other drug addiction are recognized as conditions responsive to proper treatment, and this will be an option as long as the employee cooperates.

2.

The unlawful manufacture, distribution, dispensing, possession, sale, purchase, or use of alcohol or a controlled substance on Town property during and after work hours is prohibited.

3.

Being under the influence of alcohol or illegal drugs on Town property is prohibited. The unauthorized use or possession of prescription drugs or abuse of over-the-counter drugs on Town property is prohibited.

4.

Employees who violate this policy are subject to appropriate disciplinary action including termination of employment.

DEFINITIONS A.

Alcohol - Any beverage, mixture or preparation containing ethyl alcohol.

B.

Controlled Substance - Any substance listed in Schedules I-V of the Texas Controlled Substance Act (Chapter 481 - Texas Health and Safety Code), -1-


as amended. Copies are maintained for employee review by the Finance Department. C.

Department Head – An Employee who has responsibility for directing a department of the Town.

D.

Drug - A drug is any chemical substance that produces a physical, mental, emotional or behavioral change in the user.

E.

Drug Paraphernalia - Equipment, a product or material that is used or intended for use in concealing an illegal drug or for use in injecting, ingesting, inhaling or otherwise introducing into the human body an illegal drug or controlled substance.

F.

Employee – Any person in the employ of the Town whose activities are directed by the Town.

G.

Fitness for Duty - To work in a manner suitable for the job. To determine “fitness”, a medical evaluation may include drug and/or alcohol testing.

H.

Illegal Drug - An illegal drug is any drug or derivative thereof which the use, possession, sale, transfer, attempted sale or transfer, manufacture or storage of is illegal or regulated under federal, state, or local law or regulation and any other drug, including (but not limited to) a prescription drug, used for any reason other than a legitimate medical reason and inhalants used illegally. Included is marijuana or cannabis in all forms.

I.

Negative Test Results - “Negative Test” results are results that indicate no alcohol or drugs in the employee’s system other than properly used prescription medication.

J.

Positive Test Results - “Positive Test” results are results that indicate a presence of alcohol or drugs in the employee’s system other than properly used prescription medication.

K.

– That objective Reasonable Cause/Reasonable Suspicion observation/information that causes a Supervisor to believe that a policy violation may have occurred and/or may be occurring.

L.

Substance Screen (Testing) - Is generally defined as a urine, blood or breath test to determine chemical or drug content. Testing can occur in the following instances: (1) (2) (3) (4)

Pre-employment process Reasonable cause to suspect use Injury involving employee(s) causing or contributing to an injury On-the-job accident

K.

Supervisor – An Employee who has oversight authority over one or more Employees in the direction of assigned tasks or duties.

L.

Town - Town of Highland Park, Texas

-2-


M.

Town Premises - All Town property including vehicles, lockers, facilities, parks and parking lots.

N.

Town Property - All Town owned or leased property used by employees such as vehicles, lockers, desks, closets, etc.

O.

Under the Influence - A state of having an alcohol concentration of 0.05 or more, where “alcohol concentration” has the meaning assigned to it in Article 49.01, Texas Penal Code, as amended; or state of not having the normal use of mental or physical faculties resulting from the voluntary introduction into the body of an alcoholic beverage or a controlled substance.

P.

Voluntary Rehabilitation - Drug and/or alcohol dependency treatment initiated by an employee absent an event or incident; i.e. accident, poor performance rating, injury, etc.

Q.

Work Hours - Hours of the day than an employee is assigned work duties for the Town. For the purpose of this Policy, work hours include meal breaks and “on call” time.

GENERAL POLICY PROVISIONS Any of the following actions constitutes a violation of the Policy and may subject an employee to disciplinary action up to and including immediate termination: A.

Using, selling, purchasing, transferring, possessing, manufacturing, or storing an illegal drug or paraphernalia, or attempting or assisting another to do so, while 1.) in the course of employment or engaged in a Town sponsored activity, 2.) on Town premises, 3.) in a Town-owned, leased or rented vehicle or equipment, or 4.) on Town business.

B.

Working or reporting to work, conducting Town business or being on Town premises or in a Town-owned, leased or rented vehicle or equipment while under the influence of an illegal drug, alcohol or in an impaired condition.

C.

Switching, adulterating or attempting to tamper with any sample submitted for medical testing, or otherwise interfering or attempting to interfere with the testing process.

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SUBSTANCE SCREENING A.

Pre-Employment Drug screens will be performed on applicants tentatively selected for employment with the Town. Every vacancy announcement for positions with the Town shall state a requirement for drug testing. In addition, each applicant will be notified that employment in the position will be contingent upon a negative test result. An applicant whose initial substance screen shows a positive result will automatically be given another screening using a different screening technique. If the second screen shows a negative result, the applicant will not be disqualified from Town employment on account of the substance screen. If the second substance screen confirms the positive test result, the applicant will be disqualified from consideration for Town employment. If a drug screen is positive for an applicant, the applicant must provide, within twenty-four (24) hours of request, bona fide verification of a valid current prescription for the drug identified in the drug screen. If the applicant does not provide acceptable verification, if the drug is illegal or if the drug is one that is likely to impair the applicant’s ability to perform the job duties or whose employment would cause a direct threat to property or safety, the Town will decline to extend an offer of employment. Refusal to give written consent for a drug screening test will disqualify the applicant from consideration for employment.

B.

Employment (1)

Where there exists reasonable cause/reasonable suspicion that an employee is impaired by or under the influence of alcohol or controlled substances, the employee will be required to submit to a drug or alcohol screen as a condition of continued employment. Any supervisor requesting that an employee submit to a drug/alcohol test due to reasonable suspicion will document, in writing, the facts constituting such reasonable cause/reasonable suspicion. Supervisors shall notify the appropriate Department Director prior to taking the employee for the test. Supervisors shall meet with the employee, outline the reasons for requesting the test, then transport the employee to the screening facility. Employees are not to drive themselves.

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Employees tested due to reasonable cause/reasonable suspicion may be placed on accrued personal leave pending the results of the test. (2)

Employees involved in preventable on-the-job injuries/accidents requiring treatment or vehicle/equipment accidents with damages over $200 may be requested to submit to a drug or alcohol screen immediately after the injury or accident, where practicable, as a condition of continued employment. Supervisors shall meet with the employee and transport the employee to the screening facility. Employees are not to drive themselves. Employees tested due to on-the-job injuries/accidents requiring treatment or vehicle/equipment accidents with damages over $200 may be placed on accrued personal leave pending the results of the test.

If a drug screen is positive for an employee, the employee must provide, within twentyfour (24) hours of request, bona fide verification of a valid current prescription for the drug identified in the drug screen. If employee does not provide acceptable verification, if the drug is a controlled substance or if the drug is one that is likely to impair the employee’s ability to perform the job or whose continued employment would cause a direct threat to property or safety, the employee will be subject to immediate disciplinary action, to include termination of employment. Refusal of an employee to submit to screen testing will be considered an admission of being impaired or under the influence of such prohibited substances and shall be considered cause for termination of employment.

CONFIDENTIALITY For confidentiality, only the respective Department Head or his/her designee will be informed of positive test results. Employee privacy will be protected. Disclosure, without employee consent, may occur when: (1) The information is compelled by law or by judicial or administrative process; (2) The information has been placed at issue in a formal dispute between the Town and employee; (3) The information is to be used in administering an employee benefit plan; or (4) The information is needed by medical personnel for the diagnosis of treatment of the employee.

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SUPERVISORY AND EMPLOYEE TRAINING Supervisors will receive training regarding the Town’s Drug and Alcohol Policy. All employees will receive copies of the Drug and Alcohol Policy and will acknowledge receipt in writing.

VOLUNTARY REHABILITATION Voluntary treatment for chemical abuse prior to any drug or alcohol screening will result in the employee being required to complete the rehabilitation program with progress reports furnished to the Town. Should an employee enter into the treatment program, administered through the Town’s health care program, that employee may use accrued personal leave while in the rehabilitation. When the employee returns, he/she will be subject to continued drug/alcohol screening at the discretion of the Town. The employee must also complete all aftercare requirement of the treatment program. Failure to comply with these provisions or a positive future test result indicating drugs or alcohol in the employee’s system shall result in immediate termination of employee.

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APPENDIX B

ADMINISTRATION OF WORKERS’ COMPENSATION CLAIMS AND BENEFITS

SECTION 1. DEFINITIONS The following definitions represent the application of this policy:

A.

Calendar Year -- the year beginning January 1.

B.

Discretionary Personal Leave -- the amount of Personal Leave accrued by each full-time employee on a calendar year basis. This accrued time is applicable in case of sickness, non-work related injury, and under certain conditions, personal matters.

C.

Emergency -- an injury which without immediate medical attention jeopardizes life and/or limbs of an employee.

D.

Employee -- one who receives compensation from the Town for the performance of duty.

E.

Employer’s First Report of Injury (E-1) -- a form designated by the Workers’ Compensation Commission for reporting occupational injuries by an employee.

F.

Fifty-Six (56) Hour Work Week -- the scheduling of a work rotation system whereby an employee is on duty for twenty-four (24) consecutive hours, then off-duty the following forty-eight (48) consecutive hours.

G.

Forty (40) Hour Work Week -- a schedule of eight (8) hours per day, five (5) days per calendar week.

H.

Full-time Employee -- any employee of the Town other than a Part-time or Seasonal Temporary Employee who is on the payroll and working, and/or is on authorized leave.

I.

Major Medical Personal Leave -- amount of leave accrued on a calendar year basis. This leave may be applied in case of long term illness or non-work related injury.

J.

Mandatory Leave -- accrued Personal Leave that each full-time employee is -7-


required to take respective to his or her length of service during each calendar year. M.

Occupational Injury/Personal Injury -- damage or harm to the physical structure of the body, including any subsequent aggravation or re-injury that occurs while an employee is acting in the course and scope of his/her employment with the Town. This does not include any illnesses, diseases, or infections, except such directly caused by the performance of his/her job.

N.

Part-time Employee -- any employee who is on the payroll and working a regular scheduled work week of less than forty (40) hours per week.

O.

Personal Leave -- leave granted an employee in lieu of vacation, authorized sick leave, or for personal matters.

P.

Regular Pay -- an employee’s take home pay as determined by applying employee’s hourly rate times the number of hours that the employee would usually work for the pay period (less overtime), less all payroll deductions mandated by law, and those on file with the Town’s Finance Department, as authorized by the employee.

Q.

Salary Continuance -- defined herein.

R.

Seasonal Temporary Employee -- any employee of the Town whose job position is scheduled for less than fifty-two (52) weeks in any twelve (12) month period.

S.

Supplemental Report of Injury (E-2) -- the form designed by Worker’s Compensation Commission for reporting subsequent information regarding an occupational injury previously reported on form E-1.

T.

Supervisor’s Accident Investigation Report -- a report designed by the Town for reporting results of investigations on reported occupational injuries.

U.

Treating Physician -- a medical doctor selected by an injured employee and/or the Town, who has examined and is rendering medical services to the injured employee regarding the injury received.

V.

Texas Workers Compensation Commission (TWCC) – the appointed state commission with oversight responsibilities of administration and implementation of the Texas Workers’ compensation Act, as amended.

W.

Temporary Income Benefits (TIB) – the weekly amount of all compensation paid or provided to an employee as wages as established by the Texas Workers’ Compensation Act, as amended.

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SECTION 2. TEXAS WORKER’S COMPENSATION COVERAGE/ELIGIBILITY All employees of the Town, full-time, part-time, and seasonal temporary employees are eligible for worker’s compensation benefits for injuries sustained during employment with the Town as provided by Texas Workers’ Compensation laws. The Town is liable only for injuries suffered by Town employees injured while performing duties under the authority of the Town of Highland Park. Any injury reported as Town work related that is subsequently determined not to be Town work related, will result in immediate disciplinary action toward the reporting employee. Should an employee suffer an occupational injury due entirely or in part to the negligence or wrong doing of a third person or entity, the employee’s rights shall be subrogated to the Town. The Town may file claims against the third party to the extent of the amount expended by the Town on behalf of the employee, including: A.

Any Salary Continuance paid by the Town,

B.

Any paid Workers’ Compensation weekly indemnity benefits,

C.

Medical costs; and

D.

Equipment repairs, or replacement arising out of, or in any manner connected with such injury or damage.

SECTION 3. NOTIFICATION OF INJURY Any employee injured on the job shall immediately advise, if possible, his/her immediate supervisor. SECTION 4. REPORTING OF INJURY In the event an employee is injured on the job, the employee’s immediate supervisor must submit the following reports to the Town’s Finance Department in the time indicated: A.

Employee First Report of Injury (E-1). This report must be completed and submitted to the Town’s Finance Department within twenty-four (24) hours of notification by the employee of any on the job injury.

B.

Supervisor’s Accident Investigation Report. This report must include a description of the accident, a list of any witnesses, and a description of any resulting injuries. This report must list (if applicable), any violations of safety procedures, and note any preventable measures the Town could adopt in the future. The report must include the supervisor’s recommendation as to the injured employee’s receipt of salary continuation benefits as described in Section 5 of this policy. This report must be filed with the Town’s Finance Department

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C.

within twenty-four (24) hours of notification of injury. Supplemental Report of Injury (E-2). This report must be completed and submitted to the Finance office immediately upon the earlier of: 1. Return to work. 2. Eighth consecutive calendar day of work missed.

SECTION 5. SALARY CONTINUATION (SUPPLEMENTAL BENEFITS PROGRAM TO WORKERS’COMPENSATION TEMPORARY INCOME BENEFITS) A.

Subject to the provisions outlined herewith, the Town provides for each full-time employee who sustains injury in the course and scope of employment, Salary Continuation benefits which shall supplement Workers’ Compensation Temporary Income Benefits payments to a level equal to the employee’s regular base pay prior to the injury. (During such time as a physician certifies in writing that the employee is unable or should not return to work due to the injury.)

B.

Subject to the provisions outlined herein, Salary Continuation benefits shall be paid for a period not to exceed thirty (30) calendar days.

C.

Should an employee be required to remain away from work for period of time greater than thirty (30) days, he/she may use accrued Mandatory, Discretionary, and/or Major Medical Personal Leave hours to supplement Workers’ Compensation benefits.

D.

No injured employee shall be able to utilize personal leave hours to an extent to produce a greater pay level than the employee enjoyed prior to the injury.

E.

To be eligible for salary continuation for time lost due to an occupational injury, the injured employee must: 1. Report the injury to his/her immediate supervisor within twenty-four (24) hours of occurrence; 2. Provide the Town with the name, address and phone number of his/her physician (if that physician is not the physician designated by the Town); 3. Should the Town request, submit to an examination by a Town designated physician, scheduled and paid for by the Town; 4. If the injured employee’s physician is not the physician designated by the Town, the employee’s physician must submit a written report to the employee’s Department Head describing, the type of injury, prescribed treatment, and estimated time the employee will be absent

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from work. This report must be received by the Town within two (2) weeks of the initial examination; 5. Until such time as the Town receives the physician’s written report described in #4 above, he/she must report daily to his/her immediate supervisor as to his/her availability for work. This provision is waived should the Town be notified that the injured employee is hospitalized; 6. Meet all scheduled doctors and therapeutic appointments, and provide the Town written proof of such reporting within twenty-four (24) hours. 7. Comply with all directives of the Texas Workers Compensation Commission (TWCC). F.

FORFEITURE OF SALARY CONTINUATION An injured employee shall forfeit all rights of any salary Continuation if he/she: 1. Works either part-time or full-time, and either for pay or as a volunteer or otherwise, for or on behalf of himself/herself or any other person, firm, or corporation, or any other employer; 2. Fails or refuses to comply with, follow, disregard or violate the treating physician’s instructions regarding treatment and/or rehabilitation of his/her injury; 3. Fails or refuses to perform light, partial or part-time duty when offered by his/her department head and which has been authorized by a licensed physicians upon examination; 4. Fails or refuses to accept or perform another job with the Town when offered by the Town and which has been authorized by a licensed physician upon examination; 5. Falsifies or misrepresents to the Town his/her physical condition or work capability while receiving Salary Continuation; 6. Fails or refuses to return to work on his/her working shift after they have been released to duty by the treating physician; 7. Was injured as a result of the employee’s failure to observe safety policies, procedures, or instructions as determined by the department head;

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8. Fails to submit promptly to a second surgical opinion when requested by the Town (where practical).

9. Resigns, retires, dies, or is terminated for reasons other than the inability to perform due to an occupational injury; 10. Reports an injury to the Town which is determined not to be an occupational injury as defined herein; 11. Fails to comply with any provision stated under Section 5E, herewith; G.

OTHER GOVERNING CONDITIONS 1. Salary Continuation benefits cease when Workers’ Compensation Temporary Income Benefits terminate, subject to the other provisions of this policy. 2. An employee who sustains an injury after having submitted a notice of retirement or resignation, or after receiving a notice of layoff from the Town, shall not be eligible to receive Salary Continuation benefits beyond the effective date of retirement, resignation or layoff; 3. An employee is not eligible to return to work until such time as he/she provides a written release to his/her supervisor from the attending physician. The release must indicate the employee’s fitness to return to duty, stipulate the type of duty permitted, specify any physical restrictions, and the date of the employee’s release from medical care. 4. Employees are eligible to receive the Salary Continuation only once per injury. If an employee experiences an occupational injury, receives Salary Continuation benefits, and subsequently re-injures or aggravates the previous injury, he/she will not be eligible for Salary Continuation benefits. This policy applies whether or not the employee used the maximum number of hours allowed under Section 5B on the original injury. If the original injury was found to be nonqualifying for Salary Continuation, the re-injury or aggravation of such injury will also be non-qualifying. This does not preclude the employee from receiving Workers’ Compensation benefits, only Town provided Salary Continuation benefits. 5. The Town reserves the right to send an employee on Workers’ Compensation leave to a physician of the Town’s choice for evaluation. The employee is not required to accept any treatment recommended.

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APPENDIX C

TOWN OF HIGHLAND PARK INTERNET AND ELECTRONIC MAIL POLICY

I. Purpose Electronic mail, Internet and telecommunications access are resources made available to Town employees to communicate with each other, governmental entities, companies and individuals for the benefit of the Town.

II. Policy The Town of Highland Park’s Electronic Mail System (e-mail) is designed to facilitate Town business communication among employees and other business associates for messages or memoranda. Since no computer system is completely secure, the e-mail system is not intended to transmit sensitive materials, such as personnel decisions and other similar information which may be more appropriately communicated by written memorandum or personal conversation. The e-mail is Town property and intended for Town business. The system is not to be used for employee personal gain or to support or advocate non-Town related business or purposes. All data and other electronic messages within this system are the property of the Town of Highland Park. E-mail messages have been found to be public records and may be subject to the right-to-know laws, depending upon their content. In addition, the Town, through its managers and supervisors, reserves the right to review the contents of employee’s e-mail communications when necessary for Town business purposes. Employee’s may not intentionally intercept, eavesdrop, record, read, alter or receive other person’s e-mail messages, without proper authorization. The Town of Highland Park, through its MIS function, purchases, owns, and administers the necessary software and licenses to provide access to e-mail and Internet services. Employees may not rent, copy or loan the software, or its documentation. The Town has invested much time and money to secure its electronic systems from intrusion and harmful viruses. Therefore, employees may not provide alternative software to access the system. Department heads are responsible for the implementation and adherence of this policy within their departments. The Town respects the privacy of its employees. However, a Town employee may not expect such privacy rights to extend to the use of Town-owned systems, property, equipment or supplies, or to work-related conduct. This policy is intended to notify all

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Town employees that no reasonable expectation of privacy exists in connection with the use of the Town’s system, property, equipment or supplies. Town employees are prohibited from withholding information maintained within Town supplied containers including, but not limited to, computers, computer files and computer databases.

III. Procedures General Information on Passwords While you may have a confidential password, users should be aware that this does not mean that the system is for personal confidential communication, nor does it suggest that e-mail is the property right of the employee. The use of the e-mail system is for Town business. Passwords should be periodically changed to ensure security of the e-mail system. Users should not share their passwords with anyone else, other as than his or her managers may require.

Internet The Internet provides the Town with significant access and dissemination of information to individuals outside of the Town. The use of the Internet system for access and dissemination is intended to serve Town business. Like all e-mail messages, Internet messages are capable of being forwarded without the express permission of the original author. E-mail messages are also routinely passed through routers before they reach the final destination. A message is “touched” many times before it gets to its recipient, and the message author should be aware of this. Therefore, users must use caution in the transmission and dissemination of messages outside of the city, and must comply with all state and federal laws.

Prohibited Uses When sending e-mail messages, appropriateness and good judgment should be used. The following are examples of e-mail uses that are prohibited: • • • • •

Communication that is in any way may be construed by others as disruptive, offensive, abusive or threatening; Communication of sexually explicit images or messages; Communication that contain ethnic slurs, racial epithets, or anything that may be construed as harassment or disparagement of others based on race, national origin, sex, race, disability or religious beliefs. Solicitation for commercial ventures, religious or political causes, outside organizations, or other non-job-related solicitations; and Any other use that may compromise the integrity of the Town and its business in any way.

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Retention of E-mail Generally, e-mail messages are intended to be temporary communications that are nonvital and may be discarded routinely. However, depending on the content of the e-mail message, it may be considered a more formal record and should be retained pursuant to a department’s record retention schedule. As such, these e-mails messages are similar to printed communication and should be written with the same care. Employees should be aware that when they have deleted a message from their workstation mailbox, it might not have been deleted from the central e-mail system. The message may be stored on the computer’s back-up system for an indefinite period. Note that e-mail has been classified as “public” documents, i.e. available to the media, in at least one state. Keep that in mind when you create or store e-mail.

Applicability to Employees, Part-Time Employees, Contractors and Other Uses This e-mail policy applies to all employees, contractors, part-time employees, volunteers, and other individuals who are allowed access to the e-mail system. Supervisors or management may access an employee’s e-mail if employees are on leave of absence, vacation, or are transferred from one department to another department and it is necessary for the Town’s business purpose.

Penalties The misuse of the Internet or e-mail privileges may be considered sufficient cause for discipline. In addition, violations of this policy or misuse of the e-mail system may be referred for criminal prosecution. IV. Acceptance The Town will require employees to read and signify acceptance of the terms of this policy by signing the following agreement before making electronic systems available. I have read and agree to the specifics as stated in the attached e-mail policy, which includes the following specifics: 1. 2. 3. 4. 5. 6.

That my use of the e-mail system is for the furthering of the business of this municipality; That I may not intentionally intercept, eavesdrop, record, read, alter or receive other person’ e-mail messages without proper authorization; That I may not use the e-mail system for solicitation of funds, political messages or harassing messages; That my e-mail messages and data are the property of Town of Highland Park and may be accessed for review by supervisors; That I understand there is no expectation of personal privacy when using the Internet and e-mail; That the Town reserves the right to monitor the system for any reason.

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APPENDIX D

FAMILY MEDICAL LEAVE ACT (FMLA) PART A Employees Who Qualify for a Leave under the Family and Medical Leave Act of 1993 The Town of Highland Park (the “Town�) will grant a leave of absence to regular fulltime and regular part- time employees (who meet the requirements described below) for the care of a child after birth or adoption or placement with the employee for foster care, the care of a covered family member (spouse, child, or parent) with a serious health condition, or in the event of an employee's own serious health condition. Leaves will be granted for a period of up to twelve weeks in any twelve-month period. An employee must have completed at least one full year of service with the Town and have worked a minimum of 1,250 hours in the twelve-month period preceding the leave to be eligible for such leave. In addition, to be eligible for leave, an employee must work at a Town facility that employs at least fifty employees at that facility or within seventyfive miles of that facility. Employees who do not meet these requirements may apply for a leave of absence subject to the conditions described in Part B of this policy.

Child/Family Care Leave If you request a leave of absence to care for a child after birth, adoption, or placement in your home for foster care or to care for a covered family member with a serious health condition, you will be granted unpaid leave under the following conditions: 1. If the leave is planned in advance, you must provide us with at least thirty days' notice prior to the anticipated leave date. 2. If the leave is unexpected, you should notify your Department Head as far in advance of the anticipated leave date as is practicable. (Normally, this should be within two business days of when the need for the leave becomes known to the employee.) All Town employee benefits that operate on an accrual basis (e.g., vacation, sick and personal days) will cease to accrue during any period of FMLA leave which is unpaid. You will be required to use all accrued, unused holiday, vacation, compensatory time and personal days (in this prescribed sequence) during the leave period. Once such benefits are exhausted, the balance of the leave will be without pay.

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All group health benefits (e.g., major medical, hospitalization, and dental insurance) will continue during the leave provided you continue regular employee contributions to these plans. (Other benefits, such as pension, 401(k), life insurance, and long-term disability, will be governed in accordance with the terms of each benefit plan.) Employees requesting a leave to care for a covered family member with a serious health condition shall be required to provide medical certification from the family member's physician attesting to the nature of the serious health condition, probable length of time treatment will be required, and the reasons that the employee is required to care for this family member. Employees may also be required to provide additional physician's statements at the Town’s request at reasonable intervals. Leave for Employee's Serious Health Condition If you request a leave of absence for your own serious health condition, you will be granted leave under the following conditions: 1. If the leave is planned in advance, you must provide us with at least thirty days' notice prior to the anticipated leave date. 2. If the leave is unexpected, you should notify your Department Head as far in advance of the anticipated leave date as is practicable. (Normally, this should be within two business days of when the need for the leave becomes known to the employee.) 3. Any time that you expect to be or are absent for more than five consecutive work days as a result of your own serious health condition (including pregnancy), you will be required to submit appropriate medical certification from your physician. Such certification must include, at a minimum, the date the disability began, a diagnosis, and the probable date of your return to work. The accrual of Town leave benefits (e.g., vacation and personal days) will cease to accrue during any period of unpaid leave. You will be required to use accrued, unused leave in accordance with the leave provisions herein, while on qualified Family Medical Leave as a result of your serious health condition. All group health benefits will continue during the leave provided you continue regular employee contributions to these plans. (Other benefits, such as pension, 401(k), life insurance, and long-term disability, will be governed in accordance with the terms of each benefit plan.)

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During your leave, you may also be required to provide the Town with additional physician's statements on request from the Town or the Town’s insurance carriers at reasonable intervals, attesting to your continued disability and inability to work. You may also be required to submit to medical examinations by physicians designated by the Town at its discretion and at the Town’s expense, at the beginning of, during, or at the end of your leave period, and to provide the Town with access to your medical records as required. Before you will be permitted to return from medical leave, you will be required to present the Town with a note from your physician indicating that you are capable of returning to work and performing the essential functions of your position, with or without reasonable accommodation. Where required, the Town will consider making reasonable accommodation for any disability you may have in accordance with applicable laws.

Leave Entitlement Eligible employees are entitled to a leave for up to twelve weeks in any twelve-month period (or longer if required by applicable state or local law or, in the case of a leave for an employee's serious health condition, where a leave extension is requested and approved). Leave taken to care for a child after birth, adoption, or placement in your home for foster care must be taken in consecutive workweeks. Leave taken for the employee's or a covered family member's serious health condition may be taken consecutively, intermittently, or on a reduced work/ leave schedule based on certified medical necessity. In such instances, the Town will follow applicable federal and state laws in reviewing and approving such leave requests.

Reinstatement Rights Eligible employees are entitled on return from leave to be reinstated to their former position or an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. Exceptions to this provision may apply if business circumstances have changed (e.g., if the employee's position is no longer available due to a job elimination). Exceptions may also apply for certain highly compensated employees under certain conditions. In addition, employees on a leave extension are not guaranteed reinstatement. These employees will be handled in accordance with the reinstatement provisions in Part B of this policy.

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PART B Leaves for Employees Who Do Not Meet the Minimum Service Requirements or Who Work at a Facility that Employs Fewer Than Fifty Employees within SeventyFive Miles of the Facility at Which They Work Full-time regular and part-time regular employees who have less than one year of service and/or who have not worked a minimum of 1,250 hours during the twelve-month period prior to their leave or who work at a facility that employs fewer than fifty employees at or within seventy-five miles of the facility may request leaves of absence for the reasons set forth in Part A, subject to the following terms and conditions: 1. Leave requests must be made at least thirty days in advance of the date the employee would like the leave to begin or, in emergency situations, with as much advance notice as is practicable, using the Town’s official Leave-of-Absence Request Form. (Normally, this should be within two business days of when the need for the leave becomes known to the employee.) 2. The certification requirements and the conditions for required use of accrued time off, benefits accrual, and continuation of group health insurance during leave set forth in Part A apply to all leave requests. 3. Unless applicable state or local law requires otherwise, leaves will be limited to a thirty-day maximum duration, except leaves for the employee's own serious health condition, which may be granted for up to a twelve-week period and which may be taken intermittently. 4. Unless applicable state or local law requires otherwise, reinstatement will not be guaranteed to any employee requesting a leave under this Part B. However, the Town will endeavor to place employees returning from leave in their former position or a position comparable in status and pay, subject to budgetary restrictions and the Town’s need to fill vacancies and its ability to find qualified temporary replacements.

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APPENDIX E

FAIR LABOR STANDARDS ACT (FLSA)

The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments. The Wage and Hour Division (Wage-Hour) administers and enforces FLSA with respect to private employment, State and local government employment, and Federal employees of the Library of Congress, U.S. Postal Service, Postal Rate Commission, and the Tennessee Valley Authority. The FLSA is enforced by the U.S. Office of Personnel Management for employees of other Executive Branch agencies, and by the U.S. Congress for covered employees of the Legislative Branch. Special rules apply to State and local government employment involving fire protection and law enforcement activities, volunteer services, and compensatory time off instead of cash overtime pay.

Basic Wage Standards Covered nonexempt workers are entitled to a minimum wage of not less than $4.75 an hour, effective October 1, 1996, and not less than $5.15 an hour, effective September 1, 1997. Overtime pay at a rate of not less than one and one-half times their regular rates of pay is required after 40 hours of work in a workweek. Wages required by FLSA are due on the regular payday for the pay period covered. Deductions made from wages for such items as cash or merchandise shortages, employerrequired uniforms, and tools of the trade, are not legal to the extent that they reduce the wages of employees below the minimum rate required by FLSA or reduce the amount of overtime pay due under FLSA. The FLSA contains some exemptions from these basic standards. Some apply to specific types of businesses; others apply to specific kinds of work. While FLSA does set basic minimum wage and overtime pay standards and regulates the employment of minors, there are a number of employment practices which FLSA does not regulate.

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For example, FLSA does not require: (1)

vacation, holiday, severance, or sick pay;

(2)

meal or rest periods, holidays off, or vacations;

(3)

premium pay for weekend or holiday work;

(4)

pay raises or fringe benefits; and

(5)

a discharge notice, reason for discharge, or immediate payment of final wages to terminated employees.

The FLSA does not provide wage payment or collection procedures for an employee's usual or promised wages or commissions in excess of those required by the FLSA. However, some States do have laws under which such claims (sometimes including fringe benefits) may be filed. Also, FLSA does not limit the number of hours in a day or days in a week an employee may be required or scheduled to work, including overtime hours, if the employee is at least 16 years old. The above matters are for agreement between the employer and the employees or their authorized representatives. Who is Covered? All employees of certain enterprises having workers engaged in interstate commerce, producing goods for interstate commerce, or handling, selling, or otherwise working on goods or materials that have been moved in or produced for such commerce by any person are covered by FLSA. A covered enterprise is the related activities performed through unified operation or common control by any person or persons for a common business purpose and -(1)

whose annual gross volume of sales made or business done is not less than $500,000 (exclusive of excise taxes at the retail level that are separately stated); or

(2)

is engaged in the operation of a hospital, an institution primarily engaged in the care of the sick, the aged, or the mentally ill who reside on the premises; a school for mentally or physically disabled or gifted children; a preschool, an elementary or secondary school, or an institution of higher education (whether operated for profit or not for profit); or

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(3)

is an activity of a public agency.

Construction and laundry/dry cleaning enterprises, which had been previously covered regardless of their annual dollar volume of business, became subject to the $500,000 test on April 1, 1990. Any enterprise that was covered by FLSA on March 31, 1990, and that ceased to be covered because of the $500,000 test, continues to be subject to the overtime pay, child labor and recordkeeping provisions of FLSA. Employees of firms which are not covered enterprises under FLSA still may be subject to its minimum wage, overtime pay, and child labor provisions if they are individually engaged in interstate commerce or in the production of goods for interstate commerce, or in any closely-related process or occupation directly essential to such production. Such employees include those who: work in communications or transportation; regularly use the mails, telephones, or telegraph for interstate communication, or keep records of interstate transactions; handle, ship, or receive goods moving in interstate commerce; regularly cross State lines in the course of employment; or work for independent employers who contract to do clerical, custodial, maintenance, or other work for firms engaged in interstate commerce or in the production of goods for interstate commerce. Domestic service workers such as day workers, housekeepers, chauffeurs, cooks, or fulltime babysitters are covered if (1) their cash wages from one employer are at least $1,000 in a calendar year (or the amount designated pursuant to an adjustment provision in the Internal Revenue Code), or (2) they work a total of more than 8 hours a week for one or more employers.

Tipped Employees Tipped employees are those who customarily and regularly receive more than $30 a month in tips. The employer may consider tips as part of wages, but the employer must pay at least $2.13 an hour in direct wages. The employer who elects to use the tip credit provision, must inform the employee in advance and must be able to show that the employee receives at least the minimum wage when direct wages and the tip credit allowance are combined. If an employee's tips combined with the employer's direct wages of at least $2.13 an hour do not equal the minimum hourly wage, the employer must make up the difference. Also, employees must retain all of their tips, except to the extent that they participate in a valid tip pooling or sharing arrangement.

Employer-Furnished Facilities The reasonable cost or fair value of board, lodging, or other facilities customarily furnished by the employer for the employee's benefit may be considered part of wages.

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Industrial Homework The performance of certain types of work in an employee's home is prohibited under the law unless the employer has obtained prior certification from the Department of Labor. Restrictions apply in the manufacture of knitted outerwear, gloves and mittens, buttons and buckles, handkerchiefs, embroideries, and jewelry (where safety and health hazards are not involved). The manufacture of women's apparel (and jewelry under hazardous conditions) is generally prohibited. If you have questions on whether a certain type of work is restricted, or who is eligible for a homework certificate, or how to obtain a certificate, you may contact the local Wage-Hour office.

Subminimum Wage Provisions The FLSA provides for the employment of certain individuals at wage rates below the statutory minimum. Such individuals include student-learners (vocational education students), as well as full-time students in retail or service establishments, agriculture, or institutions of higher education. Also included are individuals whose earning or productive capacity is impaired by a physical or mental disability, including those related to age or injury, for the work to be performed. Employment at less than the minimum wage is authorized to prevent curtailment of opportunities for employment. Such employment is permitted only under certificates issued by Wage-Hour.

Youth Minimum Wage A minimum wage of not less than $4.25 an hour is permitted for employees under 20 years of age during their first 90 consecutive calendar days of employment with an employer. Employers are prohibited from taking any action to displace employees in order to hire employees at the youth minimum wage. Also prohibited are partial displacements such as reducing employees' hours, wages, or employment benefits.

Exemptions Some employees are exempt from the overtime pay provisions or both the minimum wage and overtime pay provisions. Because exemptions are generally narrowly defined under FLSA, an employer should carefully check the exact terms and conditions for each. Detailed information is available from local Wage-Hour offices. Following are examples of exemptions which are illustrative, but not all-inclusive. These examples do not define the conditions for each exemption.

Exemptions from Both Minimum Wage and Overtime Pay (1)

Executive, administrative, and professional employees (including teachers and academic administrative personnel in elementary and secondary

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schools), outside sales employees, and employees in certain computerrelated occupations (as defined in Department of Labor regulations); (2)

Employees of certain seasonal amusement or recreational establishments, employees of certain small newspapers, seamen employed on foreign vessels, employees engaged in fishing operations, and employees engaged in newspaper delivery;

(3)

Farm workers employed by anyone who used no more than 500 "mandays" of farm labor in any calendar quarter of the preceding calendar year;

(4)

Casual babysitters and persons employed as companions to the elderly or infirm.

Exemptions from Overtime Pay Only (1)

Certain commissioned employees of retail or service establishments; auto, truck, trailer, farm implement, boat, or aircraft sales-workers, or partsclerks and mechanics servicing autos, trucks, or farm implements, who are employed by non-manufacturing establishments primarily engaged in selling these items to ultimate purchasers;

(2)

Employees of railroads and air carriers, taxi drivers, certain employees of motor carriers, seamen on American vessels, and local delivery employees paid on approved trip rate plans;

(3)

Announcers, news editors, and chief engineers of certain non-metropolitan broadcasting stations;

(4)

Domestic service workers living in the employer's residence;

(5)

Employees of motion picture theaters; and

(6)

Farm-workers.

Partial Exemptions from Overtime Pay (1)

Partial overtime pay exemptions apply to employees engaged in certain operations on agricultural commodities and to employees of certain bulk petroleum distributors.

(2)

Hospitals and residential care establishments may adopt, by agreement with their employees, a 14-day work period instead of the usual 7-day workweek, if the employees are paid at least time and one-half their regular rates for hours worked over 8 in a day or 80 in a 14-day work period, whichever is the greater number of overtime hours.

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(3)

Employees who lack a high school diploma, or who have not attained the educational level of the 8th grade, can be required to spend up to 10 hours in a workweek engaged in remedial reading or training in other basic skills without receiving time and one-half overtime pay for these hours. However, the employees must receive their normal wages for hours spent in such training and the training must not be job specific.

Child Labor Provisions The FLSA child labor provisions are designed to protect the educational opportunities of minors and prohibit their employment in jobs and under conditions detrimental to their health or well-being. The provisions include restrictions on hours of work for minors under 16 and lists of hazardous occupations orders for both farm and non-farm jobs declared by the Secretary of Labor to be too dangerous for minors to perform. Further information on prohibited occupations is available from local Wage-Hour offices.

Nonagricultural Jobs (Child Labor) Regulations governing youth employment in non-farm jobs differ somewhat from those pertaining to agricultural employment. In non-farm work, the permissible jobs and hours of work, by age, are as follows: (1)

Youths 18 years or older may perform any job, whether hazardous or not, for unlimited hours;

(2)

Youths 16 and 17 years old may perform any non-hazardous job, for unlimited hours; and

(3)

Youths 14 and 15 years old may work outside school hours in various non-manufacturing, non-mining, non-hazardous jobs under the following conditions: no more than 3 hours on a school day, 18 hours in a school week, 8 hours on a non-school day, or 40 hours in a non-school week. Also, work may not begin before 7 a.m., nor end after 7 p.m., except from June 1 through Labor Day, when evening hours are extended to 9 p.m. Under a special provision, youths 14 and 15 years old enrolled in an approved Work Experience and Career Exploration Program (WECEP) may be employed for up to 23 hours in school weeks and 3 hours on school days (including during school hours).

Fourteen is the minimum age for most non-farm work. However, at any age, youths may deliver newspapers; perform in radio, television, movie, or theatrical productions; work for parents in their solely-owned non-farm business (except in manufacturing or on hazardous jobs); or, gather evergreens and make evergreen wreaths.

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Farm Jobs (Child Labor) In farm work, permissible jobs and hours of work, by age, are as follows: (1)

Youths 16 years and older may perform any job, whether hazardous or not, for unlimited hours;

(2)

Youths 14 and 15 years old may perform any non-hazardous farm job outside of school hours;

(3)

Youths 12 and 13 years old may work outside of school hours in nonhazardous jobs, either with a parent's written consent or on the same farm as the parent(s);

(4)

Youths under 12 years old may perform jobs on farms owned or operated by parent(s), or with a parent's written consent, outside of school hours in non-hazardous jobs on farms not covered by minimum wage requirements.

Minors of any age may be employed by their parents at any time in any occupation on a farm owned or operated by their parents. Recordkeeping The FLSA requires employers to keep records on wages, hours, and other items, as specified in Department of Labor recordkeeping regulations. Most of the information is of the kind generally maintained by employers in ordinary business practice and in compliance with other laws and regulations. The records do not have to be kept in any particular form and time clocks need not be used. With respect to an employee subject to the minimum wage provisions or both the minimum wage and overtime pay provisions, the following records must be kept: (1)

personal information, including employee's name, home address, occupation, sex, and birth date if under 19 years of age;

(2)

hour and day when workweek begins;

(3)

total hours worked each workday and each workweek;

(4)

total daily or weekly straight-time earnings;

(5)

regular hourly pay rate for any week when overtime is worked;

(6)

total overtime pay for the workweek;

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(7)

deductions from or additions to wages;

(8)

total wages paid each pay period; and

(9)

date of payment and pay period covered.

Records required for exempt employees differ from those for nonexempt workers. Special information is required for home-workers, for employees working under uncommon pay arrangements, for employees to whom lodging or other facilities are furnished, and for employees receiving remedial education.

Terms Used in FLSA Workweek -- A workweek is a period of 168 hours during 7 consecutive 24-hour periods. It may begin on any day of the week and at any hour of the day established by the employer. Generally, for purposes of minimum wage and overtime payment each workweek stands alone; there can be no averaging of 2 or more workweeks. Employee coverage, compliance with wage payment requirements, and the application of most exemptions are determined on a workweek basis. Hours Worked -- Covered employees must be paid for all hours worked in a workweek. In general, "hours worked" includes all time an employee must be on duty, or on the employer's premises or at any other prescribed place of work. Also included is any additional time the employee is allowed (i.e., suffered or permitted) to work.

Computing Overtime Pay Overtime must be paid at a rate of at least one and one-half times the employee's regular rate of pay for each hour worked in a workweek in excess of the maximum allowable in a given type of employment. Generally, the regular rate includes all payments made by the employer to or on behalf of the employee (except for certain statutory exclusions). The following examples are based on a maximum 40-hour workweek. (1) Hourly rate -- (regular pay rate for an employee paid by the hour). If more than 40 hours are worked, at least one and one-half times the regular rate for each hour over 40 is due. Example: An employee paid $8.00 an hour works 44 hours in a workweek. The employee is entitled to at least one and one-half times $8.00, or $12.00, for each hour over 40. Pay for the week would be $320 for the first 40 hours, plus $48.00 for the four hours of overtime--a total of $368.00. (2) Piece rate -- The regular rate of pay for an employee paid on a piecework basis is obtained by dividing the total weekly earnings by the total number of hours worked in that week. The employee is entitled to an additional one-half times this regular rate for each hour over 40, plus the full piecework earnings.

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Example: An employee paid on a piecework basis works 45 hours in a week and earns $315. The regular rate of pay for that week is $315 divided by 45, or $7.00 an hour. In addition to the straight-time pay, the employee is also entitled to $3.50 (half the regular rate) for each hour over 40 -- an additional $17.50 for the 5 overtime hours -- for a total of $332.50. Another way to compensate pieceworkers for overtime, if agreed to before the work is performed, is to pay one and one-half times the piece rate for each piece produced during the overtime hours. The piece rate must be the one actually paid during nonovertime hours and must be enough to yield at least the minimum wage per hour. (3) Salary -- the regular rate for an employee paid a salary for a regular or specified number of hours a week is obtained by dividing the salary by the number of hours for which the salary is intended to compensate. If, under the employment agreement, a salary sufficient to meet the minimum wage requirement in every workweek is paid as straight time for whatever number of hours are worked in a workweek, the regular rate is obtained by dividing the salary by the number of hours worked each week. To illustrate, suppose an employee's hours of work vary each week and the agreement with the employer is that the employee will be paid $420 a week for whatever number of hours of work are required. Under this agreement, the regular rate will vary in overtime weeks. If the employee works 50 hours, the regular rate is $8.40 ($420 divided by 50 hours). In addition to the salary, half the regular rate, or $4.20 is due for each of the 10 overtime hours, for a total of $462 for the week. If the employee works 60 hours, the regular rate is $7.00 ($420 divided by 60 hours). In that case, an additional $3.50 is due for each of the 20 overtime hours, for a total of $490 for the week. In no case may the regular rate be less than the minimum wage required by FLSA. If a salary is paid on other than a weekly basis, the weekly pay must be determined in order to compute the regular rate and overtime pay. If the salary is for a half month, it must be multiplied by 24 and the product divided by 52 weeks to get the weekly equivalent. A monthly salary should be multiplied by 12 and the product divided by 52.

Enforcement Wage-Hour's enforcement of FLSA is carried out by investigators stationed across the U.S. As Wage-Hour's authorized representatives, they conduct investigations and gather data on wages, hours, and other employment conditions or practices, in order to determine compliance with the law. Where violations are found, they also may recommend changes in employment practices to bring an employer into compliance. It is a violation to fire or in any other manner discriminate against an employee for filing a complaint or for participating in a legal proceeding under FLSA.

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Willful violations may be prosecuted criminally and the violator fined up to $10,000. A second conviction may result in imprisonment. Violators of the child labor provisions are subject to a civil money penalty of up to $10,000 for each employee who was the subject of a violation. Employers who willfully or repeatedly violate the minimum wage or overtime pay requirements are subject to a civil money penalty of up to $1,000 for each such violation. The FLSA prohibits the shipment of goods in interstate commerce which were produced in violation of the minimum wage, overtime pay, child labor, or special minimum wage provisions.

Recovery of Back Wages Listed below are methods which FLSA provides for recovering unpaid minimum and/or overtime wages. (1)

Wage-Hour may supervise payment of back wages.

(2)

The Secretary of Labor may bring suit for back wages and an equal amount as liquidated damages.

(3)

An employee may file a private suit for back pay and an equal amount as liquidated damages, plus attorney's fees and court costs.

(4)

The Secretary of Labor may obtain an injunction to restrain any person from violating FLSA, including the unlawful withholding of proper minimum wage and overtime pay.

An employee may not bring suit if he or she has been paid back wages under the supervision of Wage-Hour or if the Secretary of Labor has already filed suit to recover the wages. A 2-year statute of limitations applies to the recovery of back pay, except in the case of willful violation, in which case a 3-year statute applies.

Other Labor Laws In addition to FLSA, Wage-Hour enforces and administers a number of other labor laws. Among these are: (1)

the Davis-Bacon and Related Acts, which require payment of prevailing wage rates and fringe benefits on federally-financed or assisted construction;

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(2)

the Walsh-Healey Public Contracts Act, which requires payment of minimum wage rates and overtime pay on contracts to provide goods to the Federal Government;

(3)

the Service Contract Act, which requires payment of prevailing wage rates and fringe benefits on contracts to provide services to the Federal Government;

(4)

the Contract Work Hours and Safety Standards Act, which sets overtime standards for service and construction contracts;

(5)

the Migrant and Seasonal Agricultural Worker Protection Act, which protects farm workers by imposing certain requirements on agricultural employers and associations and requires the registration of crew leaders who must also provide the same worker protections;

(6)

the Wage Garnishment Law, which limits the amount of an individual's income that may be legally garnished and prohibits firing an employee whose pay is garnished for payment of a single debt;

(7)

the Employee Polygraph Protection Act, which prohibits most private employers from using any type of lie detector test either for preemployment screening of job applicants or for testing current employees during the course of employment;

(8)

the Family and Medical Leave Act, which entitles eligible employees of covered employers to take up to 12 weeks of unpaid job-protected leave each year, with maintenance of group health insurance, for the birth and care of a child, for the placement of a child for adoption or foster care, for the care of a child, spouse, or parent with a serious health condition, or for the employee's serious health condition; and

(9)

the Immigration and Nationality Act, as amended, which:

Ă— under the employment eligibility provisions, requires employers to verify the employment eligibility of all individuals hired and keep Immigration and Naturalization Service forms (I-9) on file for at least 3 years and for one year after an employee is terminated; Ă— under the H-2A provisions, provides for the enforcement of contractual obligations of job offers which have been certified to by employers of temporary alien nonimmigrant agricultural workers; Ă— under the H-1A provisions, provides for the enforcement of employment conditions attested to by employers of H-1A temporary alien nonimmigrant registered nurses;

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× under the D-1 provisions, provides for the enforcement of employment conditions attested to by employers seeking to employ alien crewmembers to perform specified longshore activity at U.S. ports; × under the H-1B provisions, provides for the enforcement of labor condition applications filed by employers wishing to employ aliens in specialty occupations and as fashion models of distinguished merit and ability; and × under the F-1 provisions, provides for the enforcement of attestations by employers seeking to use aliens admitted as students in off-campus work. More detailed information on FLSA and other laws administered by Wage-Hour is available from local Wage-Hour offices, which are listed in most telephone directories under U.S. Government, Department of Labor, Wage and Hour Division. For those who have access to the Internet, further information may also be obtained on the Wage and Hour Division Internet Home Page which can be located at the following address: http://www.dol.gov/dol/esa/public/whd_org.htm.

Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA) In accordance with the provisions of the SBREFA, the Small Business Administration has established a National Small Business and Agriculture Regulatory Ombudsman and l0 Regional Fairness Boards to receive comments from small businesses about federal agency enforcement actions. The Ombudsman annually evaluates enforcement activities and rates each agency’s responsiveness to small business. Small businesses wishing to comment on the enforcement activities of the Wage and Hour Division may call l-888REG-FAIR (l-888-734-3247), or write to the Ombudsman at 500 W. Madison Street, Suite l240, Chicago, Illinois 6066l. The right to file a comment with the Ombudsman is in addition to any other rights a small business may have, including the right to contest the assessment of a civil money penalty. Filing a comment with the Ombudsman neither extends the maximum time period for contesting the assessment of a penalty, nor takes the place of filing the response required to secure an administrative hearing on a penalty.

Equal Pay Provisions The equal pay provisions of FLSA prohibit sex-based wage differentials between men and women employed in the same establishment who perform jobs that require equal skill, effort, and responsibility and which are performed under similar working conditions. These provisions, as well as other statutes prohibiting discrimination in employment, are enforced by the Equal Employment Opportunity Commission. More detailed information is available from its offices which are listed in most telephone directories under U.S. Government.

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APPENDIX F

HEALTH BENEFITS UNDER (COBRA) - THE CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT INTRODUCTION Health insurance programs allow workers and their families to take care of essential medical needs. These programs can be one of the most important benefits provided by your employer. There was a time when group health coverage was available only to fulltime workers and their families. That changed in 1985 with the passage of health benefit provisions in the Consolidated Omnibus Budget Reconciliation Act (COBRA). Now, terminated employees or those who lose coverage because of reduced work hours may be able to buy group coverage for themselves and their families for limited periods of time. If you are entitled to COBRA benefits, your health plan must give you a notice stating your right to choose to continue benefits provided by the plan. You have 60 days to accept coverage or lose all rights to benefits. Once COBRA coverage is chosen, you are required to pay for the coverage. The following is designed to: • • •

Outline the rules that apply to health plans for employees in the private sector; Provide a general explanation of COBRA requirements; and Spotlight your rights to benefits under this law.

WHAT IS THE CONTINUATION HEALTH LAW? Congress passed the landmark Consolidated Omnibus Budget Reconciliation Act (COBRA) health benefit provisions in 1985. 1.) The law amends the Employee Retirement Income Security Act (ERISA), the Internal Revenue Code and the Public Health Service Act to provide continuation of group health coverage that otherwise would be terminated. COBRA contains provisions giving certain former employees, retirees, spouses and dependent children the right to temporary continuation of health coverage at group rates. This coverage, however, is only available in specific instances. Group health coverage for COBRA participants is usually more expensive than health coverage for active employees, since usually the employer formerly paid a part of the premium. It is ordinarily less expensive, though, than individual health coverage. The law generally covers group health plans maintained by employers with 20 or more employees in the prior year. It applies to plans in the private sector and those sponsored

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by state and local governments. 2.) The law does not, however, apply to plans sponsored by the Federal government and certain church- related organizations. Group health plans sponsored by private sector employers generally are welfare benefit plans governed by ERISA and subject to its requirements for reporting and disclosure, fiduciary standards and enforcement. ERISA neither establishes minimum standards or benefit eligibility for welfare plans nor mandates the type or level of benefits offered to plan participants. It does, though, require that these plans have rules outlining how workers become entitled to benefits. For COBRA purposes, a group health plan ordinarily is defined as a plan that provides medical benefits for the employer's own employees and their dependents through insurance or otherwise (such as a trust, health maintenance organization, self-funded payas-you-go basis, reimbursement or combination of these). Medical benefits provided under the terms of the plan and available to COBRA beneficiaries may include: • • • • •

Inpatient and outpatient hospital care; Physician care; Surgery and other major medical benefits; Prescription drugs; and Any other medical benefits, such as dental and vision care.

Life insurance, however, is not a benefit that must be offered to individuals for purposes of health continuation coverage. 1.) The original continuation health provisions were contained in Title X of COBRA, which was signed into law (Public Law 99-272) on April 7, 1986. 2.) Provisions of COBRA covering state and local government plans are administered by the U.S. Public Health Service within the Department of Health and Human Services. WHO IS ENTITLED TO BENEFITS? There are three elements to qualifying for COBRA benefits. COBRA establishes specific criteria for plans, beneficiaries and events which initiate the coverage. PLAN COVERAGE Group health plans for employers with 20 or more employees on at least 50 percent of the working days in the previous calendar year are subject to COBRA. "Employees" include full-time and part-time workers, agents, independent contractors and directors, and certain self-employed individuals eligible to participate in a group health plan. A qualified beneficiary generally is any individual covered by a group health plan on the day before a qualifying event. A qualified beneficiary may be an employee, the

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employee's spouse and dependent children, and in certain cases, a retired employee, the retired employee's spouse and dependent children. QUALIFYING EVENTS "Qualifying events" are certain types of events that would cause, except for COBRA continuation coverage, an individual to lose health coverage. The type of qualifying event will determine who the qualified beneficiaries are and the required amount of time that a plan must offer the health coverage to them under COBRA. A plan, at its discretion, may provide longer periods of continuation coverage. The types of qualifying events for employees are: • •

Voluntary or involuntary termination of employment for reasons other than "gross misconduct"; and Reduction in the number of hours of employment.

The types of qualifying events for spouses are: • • • • •

Termination of the covered employee's employment for any reason other than "gross misconduct"; Reduction in the hours worked by the covered employee; Covered employee's becoming entitled to Medicare; Divorce or legal separation of the covered employee; and Death of the covered employee.

The types of qualifying events for dependent children are: • • • • • •

Termination of covered employee's employment for any reason other than "gross misconduct"; Reduction in the hours worked by the covered employee; Loss of "dependent child" status under the plan rules; Covered employee's becoming entitled to Medicare; Divorce or legal separation of the covered employee; and Death of the covered employee.

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PERIODS OF COVERAGE

Qualifying Events

Beneficiary

Coverage

Termination

Employee

18 months

Reduced Hours

Spouse Dependent child

18 months

Employee Entitled to Medicare

Spouse Dependent child

36 months

Divorce or Legal Separation

36 months

Death of Covered Employee

36 months

Loss of "Dependent Child" status

Dependent child

36 months

3.) The Omnibus Budget Reconciliation Act of 1986 contained amendments to the Internal Revenue Code and ERISA affecting retirees and family members who receive post-retirement health coverage from employers involved in bankruptcy proceedings begun on or after July 1, 1986. This booklet does not address that group. 4.) In the case of individuals who qualify for Social Security disability benefits, special rules apply to extend coverage an additional 11 months. YOUR RIGHTS: NOTICE AND ELECTION PROCEDURES COBRA outlines procedures for employees and family members to elect continuation coverage and for employers and plans to notify beneficiaries. The qualifying events contained in the law create rights and obligations for employers, plan administrators and qualified beneficiaries. Qualified beneficiaries have the right to elect to continue coverage that is identical to the coverage provided under the plan. Employers and plan administrators have an obligation to determine the specific rights of beneficiaries with respect to election, notification and type of coverage options.

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NOTICE PROCEDURES General Notices: An initial general notice must be furnished to covered employees, their spouses and newly hired employees informing them of their rights under COBRA and describing provisions of the law. COBRA information also is required to be contained in the summary plan description (SPD) which participants receive. ERISA requires that SPDs containing certain plan information and summaries of material changes in plan requirements be furnished to participants in modified and updated SPDs. Plan administrators must automatically furnish the SPD booklet 90 days after a person becomes a participant or beneficiary or within 120 days after the plan is subject to the reporting and disclosure provisions of the law. Specific Notices: Specific notice requirements are triggered for employers, qualified beneficiaries and plan administrators when a qualifying event occurs. Employers must notify plan administrators within 30 days of an employee's death, termination, reduced hours of employment, entitlement to Medicare or a bankruptcy. Multiemployer plans may provide for a longer period of time. The employee, retiree or family member should notify the plan administrator within 60 days of events consisting of divorce or legal separation or a child's ceasing to be covered as a dependent under plan rules. Disabled beneficiaries must notify plan administrators of Social Security disability determinations. A notice must be provided within 60 days of a disability determination and prior to expiration of the 18-month period of COBRA coverage. These beneficiaries also must notify the plan administrator within 30 days of a final determination that they are no longer disabled. Plan administrators, upon notification of a qualifying event, must automatically provide a notice to employees and family members of their election rights. The notice must be provided in person or by first class mail within 14 days of receiving information that a qualifying event has occurred. There are two special exceptions to the notice requirements for multiemployer plans. First, the time frame for providing notices may be extended beyond the 14 and 30-day requirements if allowed by plan rules. Second, employers are relieved of the obligation to notify plan administrators when employees terminate or reduce their work hours. Plan administrators are responsible for determining whether these qualifying events have occurred.

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ELECTION The election period is the time frame during which each qualified beneficiary may choose whether to continue health care coverage under an employer's group health plan. Qualified beneficiaries have a 60-day period to elect whether to continue coverage. This period is measured from the later of the coverage loss date or the date the notice to elect COBRA coverage is sent. COBRA coverage is retroactive if elected and paid for by the qualified beneficiary. A covered employee or the covered employee's spouse may elect COBRA coverage on behalf of any other qualified beneficiary. Each qualified beneficiary, however, may independently elect COBRA coverage. A parent or legal guardian may elect on behalf of a minor child. A waiver of coverage may be revoked by or on behalf of a qualified beneficiary prior to the end of the election period. A beneficiary may then reinstate coverage. Then, the plan need only provide continuation coverage beginning on the date the waiver is revoked. HOW COBRA COVERAGE WORKS Example 1: John Q. participates in the group health plan maintained by the ABC Co. John is fired reason other than gross misconduct and his health coverage is terminated. John may elect and pay for a maximum of 18 months of coverage by the employer's group health plan at the group rate. (See Paying for COBRA Coverage.) Example 2: Day laborer David P. has health coverage through his wife's plan sponsored by the XYZ Co. David loses his health coverage when he and his wife become divorced. David may purchase health coverage with the plan of his former wife's employer. Since in this case divorce is the qualifying event under COBRA, David is entitled to a maximum of 36 months of COBRA coverage. Example 3: RST, Inc. is a small business which maintained an insured group health plan for its 10 employees in 1987 and 1988. Mary H., a secretary with six years of service, leaves in June 1988 to take a position with a competing firm which has no health plan. She is not entitled to COBRA coverage with the plan of RST, Inc. since the firm had fewer than 20 employees in 1987 and is not subject to COBRA requirements.

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Example 4: Jane W., a stock broker, left a brokerage firm in May 1990 to take a position with a chemical company. She was five months pregnant at the time. The health plan of the chemical company has a pre-existing condition clause for maternity benefits. Even though Jane signs up for the new employer's plan, she has the right to elect and receive coverage under the old plan for COBRA purposes because the new plan limits benefits for preexisting conditions. COVERED BENEFITS Qualified beneficiaries must be offered benefits identical to those received immediately before qualifying for continuation coverage. For example, a beneficiary may have had medical, hospitalization, dental, vision and prescription benefits under single or multiple plans maintained by the employer. Assuming a qualified beneficiary had been covered by three separate health plans of his former employer on the day preceding the qualifying event, that individual has the right to elect to continue coverage in any of the three health plans. If a plan provides both core and non-core benefits, individuals may generally elect either the entire package or just core benefits. Individuals do not have to be given the option to elect just the non-core benefits unless those were the only benefits carried under that particular plan before a qualifying event. Non-core benefits are vision and dental services, except where they are mandated by law in which case they become core benefits. Core benefits include all other benefits received by a beneficiary immediately before qualifying for COBRA coverage. Beneficiaries may change coverage during periods of open enrollment by the plan. DURATION OF COVERAGE COBRA establishes required periods of coverage for continuation health benefits. A plan, however, may provide longer periods of coverage beyond those required by COBRA. COBRA beneficiaries generally are eligible to pay for group coverage during a maximum of 18 months for qualifying events due to employment termination or reduction of hours of work. Certain qualifying events, or a second qualifying event during the initial period of coverage, may permit a beneficiary to receive a maximum of 36 months of coverage. Coverage begins on the date that coverage would otherwise have been lost by reason of a qualifying event and can end when: • The last day of maximum coverage is reached; • Premiums are not paid on a timely basis; • The employer ceases to maintain any group health plan;

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• Coverage is obtained with another employer group health plan that does not contain any exclusion or limitation with respect to any pre-existing condition of such beneficiary; and • A beneficiary is entitled to Medicare benefits. Special rules for disabled individuals may extend the maximum periods of coverage. If a qualified beneficiary is determined under Title II or XVI of the Social Security Act to have been disabled at the time of a termination of employment or reduction in hours of employment and the qualified beneficiary properly notifies the plan administrator of the disability determination, the 18-month period is expanded to 29 months. Although COBRA specifies certain maximum required periods of time that continued health coverage must be offered to qualified beneficiaries, COBRA does not prohibit plans from offering continuation health coverage that goes beyond the COBRA periods. Some plans allow beneficiaries to convert group health coverage to an individual policy. In this case, you must be given the option to enroll in a conversion health plan. You usually must enroll in the plan within 180 days before your COBRA coverage ends. The premium is generally not at a group rate. The conversion option, however, is not available if you end COBRA coverage before reaching the maximum period of entitlement or it is unavailable under the plan. PAYING FOR COBRA COVERAGE Beneficiaries may be required to pay the entire premium for coverage. It cannot exceed 102 percent of the cost to the plan for similarly situated individuals who have not incurred a qualifying event. Premiums reflect the total cost of group health coverage, including both the portion paid by employees and any portion paid by the employer before the qualifying event, plus two percent for administrative costs. For disabled beneficiaries, the premium may be increased after 18 months to 150 percent of the plan's total cost of coverage for the last 11 months of continuation coverage. Premiums due may be increased if the costs to the plan increase but generally must be fixed in advance of each 12-month premium cycle. The plan must allow you to elect to pay premiums on a monthly basis if requested by you. The initial premium payment must be made within 45 days after the date of the COBRA election by the qualified beneficiary. Payment must cover the period of coverage from the date of COBRA election retroactive to the date of the qualifying event. Premiums for successive periods of coverage are due on the date stated in the plan with a minimum 30day grace period for payments. No payment, however, need be made earlier than 45 days after the date of the election.

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The due date may not be prior to the first day of the period of coverage. For example, the due date for the month of January could not be prior to January 1 and coverage for January could not be cancelled if payment is made by January 31. Premiums for the rest of the COBRA period must be made within 30 days of the due date for each such premium or such longer period as provided by the plan. COBRA beneficiaries remain subject to the rules of the plan and therefore must satisfy all costs related to deductibles, catastrophic and other benefit limits. CLAIMS PROCEDURES Health plan rules must explain how to obtain benefits and must include written procedures for processing claims. Claims procedures are to be included in the SPD booklet. You should submit a written claim for benefits to whomever is designated to operate the health plan (employer, plan administrator, etc.). If the claim is denied, notice of denial must be in writing and furnished generally within 90 days after the claim is filed. The notice should state the reasons for the denial. Any additional information needed to support the claim and procedures for appealing the denial. You have 60 days to appeal a denial and must receive a decision on the appeal within 60 days after that unless the plan: • •

Provides for a special hearing, or The decision must be made by a group which meets only on a periodic basis. Contact the plan administrator for more information on filing a claim for benefits. Complete plan rules are available from employers or benefits offices. There can be charges up to 25 cents a page for copies of plan rules.

ROLE OF THE FEDERAL GOVERNMENT The United States Public Health Service administers the continuation coverage law as it affects public sector health plans. The U.S. Public Health Service, located in the Department of Health and Human Services, has published Title XXII of the Public Health Service Act entitled "Requirements for Certain Group Health Plans for Certain State and Local Employees." Information about COBRA provisions concerning public sector employees is available from the:

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U.S. Public Health Service Office of the Assistant Secretary for Health Grants Policy Branch (COBRA) 5600 Fishers Lane (Room 17A-45) Rockville, Maryland 20857 CONCLUSION Rising medical costs have transformed health benefits from a privilege to a household necessity for most Americans. The COBRA law creates an opportunity for persons to retain this important benefit. Workers need to be aware of changes in health care laws to preserve their benefit rights. A good starting point is reading your plan booklet. Most of the specific rules on COBRA benefits can be found there or with the person who manages your plan. Be sure to periodically contact the health plan to find out about any changes in the type or level of benefits offered by the plan.

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APPENDIX G

DRESS AND APPEARANCE POLICY The professional culture and image of our organization are maintained, in part, by the appearance that Employees present to the Town's elected officials, residents, visitors, business contacts, vendors and others. Our appearance should reflect the pride we have in our work and in ourselves. Employees must, at all times, dress appropriately and present a clean and neat appearance - while at work, while representing the Town or conducting Town business. Employees are expected to report to work well groomed, with appropriate personal hygiene and dressed in the attire appropriate for the job and job requirements. Clothing must be clean, pressed and in good repair. All Employees are expected to practice common sense in rules of good taste and to dress in a manner that promotes a safe, productive, non-hostile work environment that discourages harassment of any kind. The following list contains examples of apparel considered appropriate under the respective situations:

BUSINESS ATTIRE WHAT

WHEN

Business attire is the traditional, professional business look that Employees are to wear on regular business days

As needed by administrative staff for outside/inside meetings or special events where a traditional professional, business appearance is expected including, but not limited to, Town Council meetings, Board of Adjustment or Zoning Commission meetings

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APPROPRIATE EXAMPLES Men: . Traditional 2 or 3 piece suit with tie . Slacks and sports coat, dress shirt with collar and tie . Appropriate hosiery . Dress shoes . Leather boots Women: . Traditional 2 piece suit (including pant suits) with blouse or shell . Skirt/pants and blouse (with sleeves) . Two piece dress . Business dresses, coat dresses . Skirts/dresses no shorter than 4 inches above the knee . Sleeveless blouses or shells may be worn with jackets . Vests with blouse . Appropriate hosiery . Shoes - pumps, flats or dress loafers . Leather boots


BUSINESS CASUAL ATTIRE WHAT Business attire provides Employees with an opportunity to dress more informally while maintaining a professional appearance.

WHEN Monday through Thursday. Business casual attire is appropriate when Employees are attending fullday training workshops.

APPROPRIATE EXAMPLES Everything listed for business attire, plus the following: (Note: denim IS NOT included in this category). Men: . Slacks (twill, khaki – no jeans) . Blazer/sport coat . Knit golf shirts . Sports shirts with collar (short or long sleeve); shirts with Town logo . Banded collar shirts . Vests . Leather boots, loafers (with appropriate hosiery). Women: . Slacks (twill, khaki – no jeans) . Blazers . Vests . Sweaters/cardigans . Sleeveless blouses or shells may be worn with with jackets . Shirts with Town logos . Skirts/dresses no shorter than 4 inches above the knee . Shoes - pumps, flats, leather boots or dress loafers

CASUAL ATTIRE WHAT Casual days are specifically designated days when Employees are allowed to wear clean, neat jeans.

WHEN Fridays, unless otherwise specified.

APPROPRIATE EXAMPLES Everything listed for business and business casual attire, plus the following: (Note: skirts with socks are only included in this category). Men: . Collared shirts (polo/oxford shirts). Banded collars . Denim shirts and vests . Shirts with Town logo . Neat jeans . Clean sneakers, canvas tennis shoes . Boots Women: . Sweatshirts with appropriate emblem or no emblem . Sleeveless blouses or shells may be worn with with jackets . Shirts with Town logos . Neat jeans (no tears) . Clean sneakers, canvas tennis shoes, boots

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Items of apparel that are considered inappropriate anytime and are not allowed during standard business hours, unless they are a part of an approved uniform: . Shorts; . T-shirts, . Clothing with unclear or obscene messages or that endorses alcohol, tobacco products, drugs, pornography or offensive material of any kind; . Provocative or revealing, which includes bare midriff and cleavage; . Halter, strapless, cropped, bra or spaghetti strap tops; . Clothing that is sheer or see-through or exposes undergarments; . Clothing that is wrinkled or torn; . Flip-flop sandals. Employees who primarily work out-of-doors shall wear Town provided uniforms and safety footwear commensurate with the assigned task. Uniforms are to be worn in their entirety and must be clean and neat when the Employee reports to work. Employees who primarily work in-doors may wear clothing listed as Casual Attire when work assignments call for out-of-doors work upon the approval of the respective Department Head. Employees may not have visible tattoos which could be deemed offensive. Town management prefers that all tattoos be covered, however, any Employee, as of the date of the adoption of this Dress and Appearance Policy, may not be required to cover an existing tattoo. Tattoos acquired after the date of the adoption of this Dress and Appearance Policy shall not be visible. Employees hired after the date of the adoption of this Dress and Appearance Policy may not have any visible tattoos. Body piercings, including nose rings/studs, eyebrow rings/studs, tongue studs or similar types of facial jewelry, are prohibited. Hair styles and hair colors must be appropriate to the Employee's position and extremes of any type are unacceptable, Hair, including facial hair, must be clean and neatly groomed at all times. Employees are to maintain appropriate personal hygiene and the use of perfumes and facial make-up should be used in moderation. Reasonable accommodation will be made for Employees' religious beliefs and for disabilities whenever possible, consistent with the business necessity to present a professional appearance to the public. An Employee making such a request shall provide his/her supervisor sufficient information and time so as to permit an informed, timely decision on the request. The Director of Public Safety may require additional dress and appearance standards for Department of Public Safety personnel beyond those stated in this policy, based upon business necessity. Department Directors may not impose less restrictive standards than those stated in this policy, unless approved by the Town Administrator. Department Heads and supervisors are responsible for interpreting and enforcing dress, personal hygiene and appearance standards in their areas of responsibility. This includes counseling an Employee whose appearance is inappropriate.

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The Town reserves the right to send home an Employee whose attire or appearance is considered unacceptable for work. The Employee will be expected to return to work properly attired and/or with proper grooming, but said Employees will not be paid for that time spent away from work. Employees whose attire and/or appearance violate this policy may be disciplined, up to and including termination of employment. This policy is not intended to conflict with any limitation or authorization provided by law.

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Employee Handbook