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14-R-47 - Performanance Management and Probation Policy AmendmentsRESOLUTION NO. 14 -R -47 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING CHANGES TO THE CITY'S PERFORMANCE MANAGEMENT AND PROBATION POLICY AS CONTAINED IN THE CITY OF SCHERTZ EMPLOYEE POLICY HANDBOOK AND THE CREATION OF THE EMPLOYEE CLASSIFICATION POLICY TO BE ADDED TO THE EMPLOYEE POLICY HANDBOOK. WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City review and approve the amendments to the proposed policies presented by city staff in accordance with the City of Schertz Charter ; and WHEREAS, the City Staff has identified areas of improvement within the current city policies for the purpose of correction, compliance, and communication. THAT: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS Section 1. The City Council hereby authorizes the approval of staff recommendations to amend the current Performance Management and Probation Policy and create a Classification of Employment Policy within the City of Schertz Employee Policy Handbook. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code; as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 3`d day of June, 2014. CITY O T TEXAS Mayor, Michael R. Carpenter ATTEST: y Secretary, Brenda Dennis (CITY SEAL) 50506221.1 - 2 - SS(C1H[lE]Rt�C7L I � m CITY OF SCHERTZ EMPLOYEE HANDBOOK Performance Management PREPARED BY: Human Resources APPROVED BY: City Council DATE APPROVED: 6/3/2014 EFFECTIVE DATE: 6/4/2014 REPLACES VERSION: 5.4 Purpose The purpose of the Performance Management Policy is to outline the City's performance management system for documenting employee performance. Performance management ensures constructive communication between employees and supervisors in the interest of productivity, quality, and fairness. The supervisor of an employee must specifically document in quantitative and qualitative terms whether or not, and to what degree, performance standards have been met. In order to ensure that all employees receive regular feedback on their performance, supervisors should evaluate the job performance of all employees working for them on a regular basis, but in every case, no less than twice a year. Performance evaluations establish a performance history with the organization and are used to help supervisors make decisions regarding performance standards, promotions, transfers, and merit increases. Performance evaluations also provide management with a tool for assessing individual and organizational productivity. All original performance evaluations are maintained by the Human Resources Department. Applicability This policy applies to all regular part -time and regular full -time City employees. Definitions Evaluation Period — The period beginning immediately after each employee's annual performance evaluation and ending immediately prior to the following annual performance evaluation. Demotion —.To reduce to a lower pay grade or position with decreased responsibility Key Performance Indicators or "Is — A set of quantifiable measures used to evaluate job performance in terms of meeting strategic or operational goals. Promotion — Advancement in pay and position with increased responsibility Transfer — To move to an equivalent position with comparable responsibility and pay SS(C1HIE R TZ CITY OF 5CHERTZ EMPLOYEE HANDBOOK Policy The City will provide a uniform and equitable process of communicating to employees the performance expectations, their actual achievements, and recommendations for improving performance. Performance management processes are critical because employees need to know areas in which they are having success as well as areas in which improvement is necessary to meet performance standards, expectations, and goals. Performance for regular full -time and regular part-time employees will be evaluated at least twice per year. Annual performance evaluations shall serve as the basis for any performance -based salary increases depending on the annual budget and merit goals. Temporary, seasonal, or contract employees, including interns, are not eligible to receive evaluations or merit increases. Performance Management Process The performance management process is used to set expectations, set goals, document performance, provide periodic feedback on performance, and to identify areas where improvement is needed. The performance management cycle includes the following activities: 1. In conjunction with each annual performance evaluation, supervisors and employees should discuss Key Performance Indicators, competencies, performance standards, goals, expectations, and employment development needs for the following Evaluation Period. These performance standards and expectations will provide a method of measuring job behaviors. 2. In conjunction with each annual performance evaluation, supervisors and employees will collaboratively create a performance plan for the employee, which identifies employee training and developmental needs to enhance and improve future performance and enhance career opportunities for the employee. It is also used to prepare employees for lateral and/or vertical career changes. Through the performance management process, goals can be set for acquiring new skills, improving and/or correcting current employee performance, and for acquiring new knowledge and skills to make career changes. Employee goals and expectations should be consistent with the City's vision, mission, goals, and core values. 3. Upon completion of I and 2 above, employees shall sign an acknowledgment of expectations, indicating their supervisor has evaluated their performance expectations and goals with them and that the employee understands the expectations placed upon them for the following Evaluation Period. This documents the communication of performance expectations between the SS(C1H EIRZTZ I ��M MRME CITY OF SCRERTZ EMPLOYEE HANDBOOK employee and the employee's supervisor. It also serves as a management tool for ensuring that overall organizational goals and objectives are addressed. 4. New employees and employees who have been promoted, transferred, or demoted shall be evaluated as outlined in the Probation Policy. 5. During the Evaluation Period, the City encourages each supervisor and employee to have periodic discussions to review and document the employee's progress toward achieving the performance standards outlined in the employee's performance plan. 6. During the Evaluation Period, performance evaluations for employees may be performed on a quarterly basis or as needed for feedback purposes per the Department Head. 7. During the Evaluation Period, supervisors shall conduct with each employee at least mid -year performance evaluations and annual performance evaluations, documenting actual achievements, assessing employees' knowledge and skills, and providing input into each employee's performance plan. The performance evaluation provides documentation of an employee's achievements toward meeting performance standards and expectations related to KPI's and outlined in the employee's performance plan. It is the responsibility of the evaluating supervisor to provide clear and specific feedback to his or her subordinate employees. All scores in the evaluation process shall have specific, written explanations. In the performance evaluation with employees, the supervisor should be able to expound and give specific examples and feedback as to why he /she is giving a particular score to any KPI in the evaluation. Tunes of Performance Evaluations There are several types of performance evaluations: Employee Self- Assessment Prior to the annual performance evaluation, each employee is given an opportunity to assess his or her own performance and achievement during the Evaluation Period, and to identify developmental needs. The employee's comments provide information that may be relevant to.the reviewing supervisor. The employee's input also provides the basis for discussion between the supervisor and employee regarding future expectations, training, and career development opportunities. S CHIERTZ I WWU ERx CITY OF SCHERTZ EMPLOYEE HANDBOOK Mid-year Performance Evaluations The mid -year performance evaluations will be conducted half -way through the performance Evaluation Period. The mid -year performance evaluation shall not serve as a basis for merit increases but will provide an opportunity for the employee and supervisor to discuss the employee's progress toward meeting performance standards and competency development outlined in such employee's performance plan. The mid -year evaluation stands independent from the annual performance evaluation. Scores from the mid -year performance evaluations shall not be incorporated with the annual performance evaluations. Annual Performance Evaluations An annual performance evaluation is held to review and discuss the supervisor's evaluation and the employee's self - assessment. The evaluation provides an opportunity for the supervisor and employee to review the employee's performance plan and to make adjustments for the future as appropriate. The performance evaluation relates to the performance of the employee for that Evaluation Period. Department Heads are responsible for ensuring consistency of ratings within their department. Evaluating supervisors should route the evaluations to the next level supervisor for review and approval prior to submitting the evaluations to the Department Head for approval. Once the Department Head has approved the evaluation, the evaluating supervisor will then review the performance evaluation with the respective employee. Probationary Evaluations for New Employees and Employees Promoted, Transferred, and Demoted New employees and employees who have been promoted, transferred, or demoted shall be evaluated as outlined in the Probation Policy. Eligibility for Merit Increase Annual performance evaluations will serve as the basis for merit increases. The mid -year performance evaluations will not be calculated into the annual performance evaluation. There should never be any expectation for an annual merit increase. Any wage or salary increase will be dependent on the City's budget. An employee will not be eligible for a merit increase if that employee received an increase in pay due to an annual merit raise or promotion within six months of the time annual performance evaluations are initially due. Employees who receive an increase in pay due to a cost of living adjustment (COLA), a market adjustment, or a pay adjustment approved by the City Manager shall maintain their eligibility for the subsequent annual performance merit. SSUHHEIR TZ I MOMS CITY OF SCHERTZ EMPLOYEE HANDBOOK Employees who have left their employment and have not received their annual performance evaluation before annual merit increases are issued should not have any expectation of receiving a merit increase. Review of Evaluations As a check and balance, the supervisors within the respective employee's chain of command should collaboratively review each employee's annual performance evaluation conducted by the direct supervisor. Once the Department Head has reviewed and approved each employee's evaluation, the supervisor of the employee under review shall then discuss the employee's evaluation with the respective employee. With regard to an employee who reports directly to the City Manager, the Human Resources Director will collaborate with the City Manager on such employee's review before the City Manager discusses the evaluation with the employee. All annual performance evaluations shall be reviewed by at least two (2) reviewers. Departments that have only one reporting step shall be required to have their respective Executive Director review the employee evaluations for that department. For employees who report directly to the City Manager, the Human Resources Director shall also review each employee's evaluations. Department Heads have final approval for all evaluations in their respective departments and have the authority to request reviewing supervisors to make changes to employee evaluations for any reason. Employee Anneal of Evaluation If the employee cannot understand the rationale behind the scoring or does not agree with his or her evaluation, the employee may challenge the results of such evaluation. The purpose of an evaluation appeal is to record the employee's disagreement with the supervisor's evaluation of his/her performance. If an employee does not agree with the supervisor's assessment of the employee's performance, the employee must state that he /she does not agree with his/her evaluation. The employee shall then have the opportunity to issue a written statement in a space provided on the evaluation, expressing in detail why he /she disagrees with the evaluation. In this case, the evaluation will be returned to the Department Head, who will begin a mediation process between the employee and the employee's line of supervision, including the employee's direct supervisor. At the conclusion of the mediation, the Department Head will decide whether or not edits are to be made to the evaluation. The evaluation will then be resubmitted to the employee for review, with or without changes. In cases where an employee is vindicated, he /she will receive a revised annual performance evaluation and, if applicable, back pay for any lost wages relating to a merit increase due to the revised annual performance evaluation. In cases where the employee does not agree with the evaluation after the Department Head review, the evaluation will be reviewed by the HR SS(CHIEIR TZ I n CITY OF SCHERTZ EMPLOYEE HANDBOOK Department, the respective Department Head and the respective Executive Director. The outcome of this review is final and will be sent to the employee. Employees can submit comments and/or exceptions to their final evaluation review. With regard to employees who report directly to the City Manager, such employees may appeal to the Human Resources Director. The employee shall provide a written statement in a space provided on the evaluation, expressing in detail why he /she disagrees with the evaluation, to the Human Resources Director, who will begin a mediation process between the employee and the City Manager. At the conclusion of the mediation, the Human Resources Director and the City Manager will decide whether or not edits are to be made to the evaluation. The evaluation will then be resubmitted to the employee for review, with or without changes. The outcome of this review is final. Employees can submit comments and/or exceptions to their final evaluation review. In cases where an employee is vindicated, he /she will receive a revised annual performance evaluation and, if applicable, back pay for any lost wages relating to a merit increase due to the revised annual performance evaluation. With regard to employees who report directly to the Human Resources Director, such employees may appeal to the Chief of Staff. The employee shall provide a written statement in a space provided on the evaluation, expressing in detail why he /she disagrees with the evaluation, to the Chief of Staff, who will begin a mediation process between the employee and the Human Resources Director. At the conclusion of the mediation, the Human Resources Director and the Chief of Staff will decide whether or not edits are to be made to the evaluation. The evaluation will then be resubmitted to the employee for review, with or without changes. The outcome of this review is final. Employees can submit comments and/or exceptions to their final evaluation review. In cases where an employee is vindicated, he /she will receive a revised annual performance evaluation and, if applicable, back pay for any lost wages relating to a merit increase due to the revised annual performance evaluation. Tracking and Record Keeping Original employee performance evaluations are maintained in the personnel files in Human Resources. Human Resources will conduct an administrative audit to ensure the document is complete. Distribution of copies After all required signatures on an employee evaluation are obtained, the employee evaluation is distributed as follows: • original to Human Resources; • copy to employee SS(C1HIE Rt�f Z I �W m CITY OF SCHERTZ EMPLOYEE HANDBOOK Unless otherwise provided by State law, access to an employee's performance evaluations is limited to: • the employee; • Human Resources staff; • Legal staff; • a designated representative of the employee; • supervisors in the employee's line of supervision or; • an organizational hiring authority who is considering the employee's record in relation to an actual job posting Retention Employee personnel files are maintained in accordance with State laws and regulations. Related Policies Probation Transfers, Promotions, and Demotions Progressive Discipline and Disciplinary Appeals SS(ClHIE R TZ CITY OF SCHERTZ EMPLOYE HANDBOOK Probation PREPARED BY: Human Resources APPROVED BY: City Council DATE APPROVED: 6/3/2014 EFFECTIVE DATE: 6/4/2014 REPLACES VERSION: 3.3 Purpose The purpose of the Probation Policy is to outline the City's probationary period for (i) new employees; (ii) employees promoted, transferred, or demoted; and (iii) employees with performance issues. All employees must be assessed during this probationary period and given feedback on progress or lack thereof. Any problems with employee performance or conduct should be recorded and communicated to the employee on a regular basis. Applicability All regular full -time and regular part-time employees Definitions Promotion — Advancement in pay and position with increased responsibility Demotion — To reduce an employee's position, responsibilities, or wages Voluntary Demotion — A reduction in position, responsibilities, or wages that an employee willingly and voluntarily accepts Transfer — To move to an equivalent position with comparable responsibility and pay Policy The objective of the Probation Policy is to communicate how (i) new employees; (ii) employees promoted, transferred, or demoted; and (iii) employees with performance issues can demonstrate the requisite level of ability, conduct, interest, and skill to fulfill position requirements on a regular basis. At-Will Employment The State of Texas is an "at- will" employment state. At -will means that an employer can terminate an employee at any time, for any reason, with or without notice or cause as long as the reason is not illegal. Therefore, this policy does not provide or guarantee an employee any rights that would affect his/her "at- will" employment status. SS(C1H ERnrZ I ; m CITY OF SCHERTZ EMPLOYEE HANDBOOK Tunes of Probationary Evaluations: Probationary Evaluations for New Hires Supervisors shall meet with their new employees and develop a performance plan with corresponding goals and performance expectations within the first thirty (30) days of initial employment. All newly hired or re -hired City employees shall be subject to a six (6) - month probationary period. However, the probationary period may be extended up to three (3) months at the discretion of the Department Head upon consultation with the Human Resources Director. With regard to employees who report directly to the City Manager, the probationary period may be extended up to three (3) months at the discretion of the City Manager upon consultation with the Human Resources Director. New employees are required to serve their probationary period before being designated as regular employees. While a new employee is serving his/her probationary period, the direct supervisor and /or designated mentor will observe the employee's work and will train and mentor the new employee in his /her position. An employee performance evaluation shall be conducted at the conclusion of an employee's six (6) - month probationary period. If a new employee successfully completes his/her probationary period, he /she shall be classified as a regular employee. Employees who have their probationary period extended are required to be placed on a Performance Improvement Plan (See Progressive Discipline and Disciplinary Appeals Policy). At the end of the extended probationary period, the Department Head or the City Manager, for employees who report directly to the City Manager, shall evaluate the employee and recommend whether the employee shall continue employment or be terminated. Once an employee's probationary period has successfully concluded, a formal performance evaluation for merit consideration will be conducted at the following annual performance evaluation. Performance merit increases are dependent on the budget approved by City Council. The City may terminate an employee during the probationary period as described in the Section entitled "Termination During the Probationary Period" in this Probation Policy. Probationary Evaluations for Promotions Supervisors shall meet with employees who have been promoted to a new position to develop a performance plan with corresponding goals and performance expectations within the first thirty (30) days of the effective promotion. SS(ClH[lEIROC7L I T "M OF SCAERTZ EMPLOYEE HANDBOOK Employees who are promoted to another position or another department within the City are required to serve a six (6) month probationary period in their new position and/or department. However, the probationary period may be extended up to three (3) months at the discretion of the Department Head upon consultation with the Human Resources Director. With regard to employees who report directly to the City Manager, the probationary period may be extended up to three (3) months at the discretion of the City Manager upon consultation with the Human Resources Director. Promoted employees are required to serve their probationary period before the promotion is permanent. While a promoted employee is serving his /her probationary period, the direct supervisor and/or designated mentor will observe the employee's work and will train and mentor the promoted employee in his/her position. An employee performance evaluation shall be conducted at the conclusion of an employee's six (6) - month probationary period. If a promoted employee successfully completes his /her probationary period, he /she shall continue in such position on a permanent basis. Employees who have their probationary period extended are required to be placed on a Performance Improvement Plan (See Progressive Discipline and Disciplinary Appeals Policy). At the end of the extended probationary period, the Department Head or the City Manager, for employees who report directly to the City Manager, shall evaluate the employee and recommend whether the employee shall continue employment or be terminated. Once an employee's probationary period has successfully concluded, a formal performance evaluation for merit consideration will be conducted at the following annual performance evaluation. Performance merit increases are dependent on the budget approved by the City. The City may terminate an employee during the probationary period as described in the Section entitled "Termination During the Probationary Period" in this Probation Policy. Additional Considerations for Promoted Employees No employee shall be promoted to another department while still serving probation unless approved by the transferring department and the City Manager. Before the probationary period concludes, an employee may transfer or demote to another position and/or another department if the employee is not satisfied in any way with his/her new position or cannot meet the demands of his/her new position. The employee may request in writing a voluntary demotion or transfer to his /her former position or another position for which he /she may be qualified before the probationary period concludes, provided the employee's former position or position in question has not been filled, the employee meets the qualifications for the position, and the affected 3N-1H[1C1M R /L I T5 . CITY OF SCHERTZ EMPLOYEE HANDBOOK Department Heads and the Human Resources Department approve the transfer or voluntary demotion (see rules for voluntary demotion under the Progressive Discipline and Disciplinary Appeals Policy). Regular part -time employees who work on average twenty (20) hours per week and are promoted to an equivalent full -time position will not be required to serve an additional probationary period. If the employee has not completed his/her probationary period when moved to the equivalent full -time position, the employee will complete the remainder of his/her probationary period in his/her new full -time position. Probalionary Evaluation for Transfers Supervisors shall meet with employees who have been transferred to a new position to develop a performance plan with corresponding goals and performance expectations within the first thirty (30) days of the effective transfer. Employees who are transferred to another position or another department within the City are required to serve a six (6) month probationary period in their new position and/or department. However, the probationary period may be extended up to three (3) months at the discretion of the Department Head upon consultation with the Human Resources Director. With regard to employees who report directly to the City Manager, the probationary period may be extended up to three (3) months at the discretion of the City Manager upon consultation with the Human Resources Director. Transferred employees are required to serve their probationary period before the transfer is permanent. While a transferred employee is serving his/her probationary period, the direct supervisor and/or designated mentor will observe the employee's work and will train and mentor the transferred employee in his/her position. An employee performance evaluation shall be conducted at the conclusion of an employee's six (6) - month probationary period. If a transferred employee successfully completes his/her probationary period, he /she shall continue in such position on a permanent basis. Employees who have their probationary period extended are required to be placed on a Performance Improvement Plan (See Progressive Discipline and Disciplinary Appeals Policy). Inter - departmental transfers to an equivalent position/rank shall not be subject to a probationary period. At the end of the extended probationary period, the Department Head or the City Manager, for employees who report directly to the City Manager, shall evaluate the employee and recommend whether the employee shall continue employment or be terminated. Once an employee's probationary period has successfully concluded, a formal performance evaluation for merit consideration will be conducted at the following annual SSCCIHI E1ft TZ I wonrunm CITY OF SCHERTZ EMPLOYEE HANDBOOK performance evaluation. Performance merit increases are dependent on the budget approved by the City. The City may terminate an employee during the probationary period as described in the Section entitled "Termination During the Probationary Period" in this Probation Policy. Additional Considerations for Transferred Employees Employees who are required to transfer to similar positions with an equal pay grade at no fault of their own will not be required to serve probation in their new positions. Employees who voluntarily transfer to another position, regardless of position type or pay, shall be required to serve a six (6) month probationary period. No employee shall be transferred to another department while still serving probation unless approved by the transferring department and the City Manager. Before the probationary period concludes, an employee may transfer or demote to another position and /or another department if the employee is not satisfied in any way with his /her new position or cannot meet the demands of his /her new position. The employee may request in writing a voluntary demotion or transfer to his /her former position or another position for which he /she may be qualified before the probationary period concludes, provided the employee's former position or position in question has not been filled, the employee meets the qualifications for the position, and the affected Department Heads and the Human Resources Department approve the transfer or voluntary demotion (see rules for voluntary demotion under the Progressive Discipline and Disciplinary Appeals Policy). Regular part -time employees who work on average twenty (20) hours per week and are transferred to an equivalent full -time position will not be required to serve an additional probationary period. If the employee has not completed his/her probationary period when moved to the equivalent full -time position, the employee will complete the remainder of his/her probationary period in his/her new full -time position. Probationary Evaluations for Demotions Supervisors shall meet with employees who have been demoted or who have voluntarily demoted to another position to develop a performance plan with corresponding goals and performance expectations within the first thirty (30) days of the effective demotion. Employees who are demoted or who have voluntarily demoted to another position or another department within the City are required to serve a six (6) month probationary period in their new position and /or department. However, the probationary period may be extended up to three (3) months at the discretion of the Department Head upon consultation with the Human Resources Director. With regard to employees who report directly to the City Manager, the probationary period may be extended up to three (3) SS(ClH[1C]RZT7L I m CITY OF SCHERTZ EMPLOYEE HANDBOOK months at the discretion of the City Manager upon consultation with the Human Resources Director. Demoted employees and employees who voluntarily demote are required to serve their probationary period before such position is permanent. While a demoted employee or a voluntarily demoted employee is serving his /her probationary period, the direct supervisor and /or designated mentor will observe the employee's work and will train and mentor the demoted employee or voluntarily demoted employee in his /her position. An employee performance evaluation shall be conducted at the conclusion of an employee's six (6) - month probationary period. If a demoted employee or a voluntarily demoted employee successfully completes his /her probationary period, he /she shall continue in such position on a permanent basis. Employees who have their probationary period extended are required to be placed on a Performance Improvement Plan (See Progressive Discipline and Disciplinary Appeals Policy). At the end of the extended probationary period, the Department Head or the City Manager, for employees who report directly to the City Manager, shall evaluate the employee and recommend whether the employee shall continue employment or be terminated. Once an employee's probationary period has successfully concluded, a formal performance evaluation for merit consideration will be conducted at the following annual performance evaluation. Performance merit increases are dependent on the budget approved by the City. The City may terminate an employee during the probationary period as described in the Section entitled "Termination During the Probationary Period" in this Probation Policy. Probationary Evaluations for Performance Reasons Chronic performance or behavioral issues may result in an employee being placed on probation. Employees who are placed on probation for performance of behavioral issues shall be evaluated in accordance with the City's Progressive Discipline and Disciplinary Appeals Policy. Termination During the Probationary Period Subject to the "at- will" employment laws of the State of Texas, an employee in a probationary status may be dismissed at the discretion of the Department Head or designee, who has the authority to terminate an individual, if it is determined that the employee is not suited for the job and provided there is prior review by the Human Resources Director or designee, and the termination does not violate the federal, state, or local law (see proper procedures for termination under the Progressive Discipline and Disciplinary Appeals Policy). It is the responsibility of supervisors to document failure of an employee to successfully complete his/her probation. When there is no serious SSCCIHI EIRZ` Z I CITY OF SCHERTZ EMPLOYEE HANDBOOK misconduct (as defined in the Progressive Discipline and Disciplinary Appeals Policy), employees may be permitted to resign. Subject to the "at- will" employment laws of the State of Texas, an employee in a probationary status who reports directly to the City Manager may be dismissed at the discretion of the City Manager, if it is determined that the employee is not suited for the job and provided there is prior review by the Human Resources Director, and the termination does not violate the federal, state, or local law (see proper procedures for termination under the Progressive Discipline and Disciplinary Appeals Policy). In cases in which an employee reports directly to the City Manager, it is the City Manager's responsibility to document failure of an employee to successfully complete his/her probation. When there is no serious misconduct (as defined it! the Progressive Discipline and Disciplinary Appeals Policy), employees may be permitted to resign. Leave for Probationary Employees Employees serving their initial probationary period accrue vacation leave and sick leave on the first day of employment, the same as non - probationary regular employees. Vacation leave during probation will not be authorized except at the discretion of the Department Head for significant personal events in the employee's life or as pre - approved by the Department Head at the time of hiring. Vacation time is allowed after probation has been successfully completed. During the initial probationary period, a new employee is eligible to use accrued sick leave for qualifying absences. Throughout the probationary period of initial employment, probationary employees may not utilize or access the City's complaint procedure and are subject to discharge without recourse except on grounds of illegal discrimination and /or illegal activity (refer to special provisions under Disciplinary and Disciplinary Appeals Policy). Related Policies Progressive Discipline and Disciplinary Appeals Vacation Leave Sick Leave Performance Management Transfers Promotions