19-R-109 Employee Sick leave Pool and Holiday Pay PoliciesRESOLUTION NO. 19 -R -109
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS APPROVING EMPLOYEE POLICIES RELATED TO
SICK LEAVE POOL AND HOLIDAY PAY AND OTHER MATTERS IN
CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City ") has determined that these
policies required revision to define parameters and provide equitable benefit to all employees;
and
WHEREAS, these policies are Sick Leave Pool and Holiday Pay; and
WHEREAS, the City Charter, Section 6.02 Operational and Personnel Policies states that
personnel policies which affect the budget and employee discipline and/or adverse actions shall
be approved by the City Council;
WHEREAS, the City Council has determined that it is in the best interest of the City to
approve these polices attached hereto as Exhibit A; therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby approves the Sick Leave Pool Policy and
Holiday Pay policy as set forth as Exhibit A.
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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 27th day of August, 2019.
Sick Leave Pool
Holiday Pay
Exhibit A
A -1
m SCHIER T Z
CITY OF SCHERTZ
EMPLOYEE HANDBOOK
Holidays
PREPARED BY: Human Resources
APPROVED BY: City Council
DATE APPROVED:
EFFECTIVE DATE:
REPLACES VERSION: 4.3.1 Holidays
Purpose•
This policy provides guidance for compensating City employees for City observed and actual holidays.
Policy:
Official City Holidays.
New Year's Day Martin Luther King, Jr. Day
Presidents' Day Memorial Day
Independence Day Labor Day*
Columbus Day Veterans' Day
Thanksgiving Day Christmas Day
*Fire employees (operations) work on Labor Day and recognize 9/11 as the holiday.
If one of the above holidays falls on a Saturday, City employees will observe that holiday on the
preceding Friday. When such a holiday falls on a Sunday, City employees will observe that holiday on
the succeeding Monday. If one of the above holidays is followed by a Friday or preceded by a Monday,
that Friday or Monday shall also be considered a paid City holiday. Holiday pay does not include any
special forms of compensation such as bonuses, shift differentials, or incentives.
Some employees will be required to work on recognized holidays in order to provide necessary service
to the public.
Exempt Employees. Regardless of schedule or time actually worked on an observed City holiday,
exempt employees receive holiday pay equal to the number of hours they would normally work.
Non - Exempt Employees. A non - exempt employee not scheduled, and does not work on the observed
City holiday, will receive 8 hours of holiday pay. If a non - exempt employee is required to work on a
City holiday (actual or observed), the non - exempt employee will be paid holiday pay for hours actually
worked on the holiday at a rate equal to the employee's straight hourly pay in addition to his or her
normal hourly pay, unless the employee has already worked 40 hours during the same week as the
holiday, in which case overtime rates will apply to time worked. If the employee is required to work,
they will still receive at least 8 hours of holiday pay. If the employee is required to work in excess of
8 hours, they will receive holiday pay for the actual amount of time worked.
Regular Part -Time Employees. A regular, part-time employee that is not scheduled, and does not
work on the observed City holiday, will receive at a minimum of 4 hours of holiday pay or the amount
of hours they would have normally been scheduled to work for that day. If a regular, part-time
employee is scheduled and works on a holiday, they will be compensated in accordance with the section
above titled `Non- Exempt Employees.'
S5(CCH IE RZTZ : terry
CITY OF SCHERTZ
EMPLOYEE HANDBOOK
Irregular Part -Time Employees. An irregular, part-time employee that is not scheduled, and does
not work on the observed City holiday, will not receive holiday pay. If an irregular, part-time employee
is scheduled and works on a holiday, they will be compensated in accordance with the section above
titled `Non- Exempt Employees.
All Employees. An employee on vacation, sick, or FMLA leave during an official holiday will receive
8 hours of holiday pay.
Employees may request an approved absence to celebrate a religious holiday that is not a scheduled
city holiday. If approved, the employee must use vacation, compensatory time, or an excused absence
without pay.
Sick Leave Pool Policy
PREPARED BY:
APPROVED BY:
DATE APPROVED:
EFFECTIVE DATE:
REPLACES VERSION:
.
SERVICE ILtTZ o PORUNm
CITY OF SCHERTZ
EMPLOYEE HANDBOOK
Human Resources
City Council
1/1/2020
Temporary Sick Leave Pool Policy (appvd by Council 3 /3/15)
Purpose:
The City of Schertz has established a sick leave pool to provide a source of additional paid sick
leave for employees who have exhausted all available leave time, to include compensatory time,
awarded time off, sick leave and vacation leave (in that order). Sick leave pool benefits are made
available through voluntary donations of sick leave hours from current and retiring employees.
Applicability:
This policy applies to all full -time and regular part-time employees. Hours from the Sick Leave
Pool received by employees prior to effective date of this policy do not count towards the
Maximum Hours Allowed in Rolling 12 -Month Period or the Maximum Lifetime Benefit.
Employees receiving hours from the Sick Leave Pool upon the effective date will be subject to this
policy. Newly -hired employees still in a probationary status are not eligible to receive from the
Sick Leave Pool.
Policy:
Employees who exhaust all leave balances because of an illness, injury, or otherwise qualified
condition, suffered by either the employee or a member of the employee's immediate family may
apply to the sick leave pool program. Employee must have an approved FMLA claim to be eligible
to receive hours from the Sick Leave Pool. FMLA claim must be approved prior to receipt of hours
from Sick Leave Pool. Hours from the Sick Leave Pool will not be assigned retroactively.
Donation: All contributions to the Sick Leave Pool will be voluntary. Upon retirement or
separation of the City, employee may designate the number of accrued sick leave hours to be
donated to the Sick Leave Pool (included on HR Outprocessing Checklist). Sick leave
contributions may not be designated for the use of a particular person. Current employees who
wish to donate must maintain a minimum balance of 80 hours in their sick leave bank.
Request for Use of Sick Leave Pool: Employee must submit request to the Human Resources
Director or designee using appropriate application form. Employees should apply for a specific
amount of sick leave pool hours. The number of sick leave pool hours approved may be less than
the number of sick leave pool hours requested.
Sick Leave Pool usage will have a start and end date for each period of use, which will be will
coincide with condition updates and expected return to work status. Assignment of Sick Leave
Pool hours may be re- evaluated periodically to determine appropriateness of continued use.
Sick Leave Pool hours may be used for continuous absences only
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CITY OF SCHERTZ
EMPLOYEE HANDBOOK
Human Resources Director or designee will:
• Make decisions consistent with policies and procedures.
• Process all applications on a first -come, first- served basis. Decisions on applications will
be done within five (5) business days after receipt.
• Upon approval of an application, the amount of time to be transferred from the pool to the
employee will be determined. Considerations used will include the information contained
in the application; the number of applications pending; and the amount of sick leave
available in the pool. Human Resources will notify Payroll of the number of hours to
transfer to the employee.
Maximum Hours Allowed in Rolling 12 -Month Period: An eligible employee may not receive
more than 320 hours from the sick leave pool in a rolling 12 -month period. Fire /EMS employees
working 24 -hours shifts may not receive more than 480 hours from the sick leave pool in a
rolling 12 -month period.
Maximum Lifetime Benefit: An eligible employee may not receive more than 640 hours from
the sick leave pool as a maximum lifetime benefit. Fire /EMS employees working 24 -hours shifts
may not receive more than 960 hours from the sick leave pool as a maximum lifetime benefit.
Maternity /Paternity: The Sick Leave Pool may be used for the condition of pregnancy, childbirth
or bonding, as long as all other all other requirements of this policy are met.
General:
- An employee absent on Sick Leave Pool hours will be treated for all purposes as if the
employee were absent on earned sick leave. All City policies and procedures related to
permissible uses of sick leave apply to the use of the Sick Leave Pool hours.
- In no case may Sick Leave Pool hours be used in conjunction with a Worker's
Compensation Claim.
- Sick Leave Pool hours may be used in conjunction with employee disability benefits from
the group insurance program.
- The estate of a deceased employee is not entitled to payment for unused sick leave acquired
by that employee from the Sick Leave Pool or previously donated to the pool.
- Sick Leave Pool is a temporary discretionary process that MAY be extended to an
employee if all conditions above are met. It is not a benefit of employment. Decisions to
allocate pool resources to eligible employees will be equitable, consistent, and without
regard to employee classification or any other legally impermissible reason.
- The City has the right to rescind the offer of Sick Leave Pool usage for any reason at any
time, but particularly when abuse is suspected, or when there is no prognosis of return to
work.
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SERVICE
CITY OF SCHERTZ
EMPLOYEE HANDBOOK
Sick Leave Pool Application Form
Employee Name: Position: Department:
❑ SICK LEAVE POOL CONTRIBUTION:
# of Hours Contributed to Pool:
❑ SICK LEAVE POOL WITHDRAWAL:
Have you exhausted all of your sick, vacation, awarded leave and compensatory time?
❑ Yes ❑ No Estimated Date of Leave Exhaustion:
Do you have an approved FMLA claim?
Approved Leave Dates:
Estimated Return to Work Date:
Estimated # of Hours Requested from Pool:
❑ Yes ❑ No
Begin Date
End Date
By signing below, each employee affirms that he /she has read the Sick Leave Pool Policy,
understands the requirements and stipulations, and will comply with the Policy.
Employee Signature
Department Head Signature
Date
For Use by Human Resources Only:
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Request Approved? ❑ Yes ❑ No # of Hours Approved:
If denied, reason:
Human Resources Director/Designee Signature
Date Approved: