Anderson 

Subchapter 8 - Leave and Holidays with Pay

Sections:

2.580.0            Leave accrual while employee is on paid leave.

2.580.5            Annual leave with pay.

2.581.0            Medical leave with pay.

2.581.5            Military leave.

2.582.0            Jury and Witness leave.

2.582.5            Voting leave.

2.583.0            Leave without pay.

2.583.5            Recognized city holidays.

2.584.0            Holiday falling on a Saturday or Sunday

2.584.5            Holiday falling on day off of a shift worker.

2.585.0            Mayor's Authority.

Section 2.580.0.          Leave Accrual While Employee is on Paid Leave. 

Leave continues to accrue during the period of time an employee is on paid leave.  Leave does not accrue during periods of leave without pay.  A recognized holiday occurring during an employee's annual leave shall not be counted as a day of annual leave.

Section 2.580.5.          Annual Leave With Pay. 

                        (a)  An employee who has been employed by the city in a full-time, permanent position for at least 90 calendar days, but less than 2 years shall accrue annual leave at the rate of 1 1/4 working days per month, calculated from the first day of full-time employment.

                        (b)  An employee who has been employed by the city in a full-time, permanent position for at least 2 years, but less than 5 years shall accrue annual leave at the rate of 1 3/4 working days per month.

                        (c)  An employee who has been employed by the city in a full-time, permanent position for at least 5 years, but less than 10 years shall accrue annual leave at the rate of 2 working days per month.

                        (d)  An employee who has been employed by the city in a full-time, permanent position for more than 10 years shall accrue annual leave at the rate of 2 1/2 working days per month.

                        (e)  An employee accruing annual leave shall take a minimum of 5 days of leave each year.  If an employee fails to take at least 5 days of leave in any year, his balance of accrued leave shall be reduced by 5 days.

                        (f)  Leave may be accrued and carried over from year to year up to a maximum carryover of accrued leave from one year to the next of 60 days.  Accrued leave in excess of 60 days will be lost at the end of each calendar year.

                        (g)  Employees shall receive full pay while on leave.

                        (h)  Part-time, and temporary employees do not accrue annual leave. An employee serving a probationary period prior to attaining full-time, permanent status, accrues annual leave during his/her probationary period.  Annual leave may not be taken during the probationary period and shall not be paid off at the end of the probationary period should employee not attain permanent status. (Ord. 04-02)

Section 2.580.8  Annual leave with pay for hourly employees.

                        a)  An employee who has been employed by the city in a full-time permanent position for at least 90 calendar days, but less than 2 years shall accrue annual leave at the rate of .04 per hour calculated from the first day of full-time employment.

                        b)  An employee who has been employed by the city in a full-time permanent position for at least 2 years but less than 5 years shall accrue annual leave at the rate of .06 per hour.

                        c)   An employee who has been employed by the city in a full-time permanent position for at least 5 years but less than 10 years shall accrue annual leave at the rate of .08 per hour.

                        d)  An employee who has been employed by the city in a full-time permanent position for more than 10 years shall accrue annual leave at the rate of .10 per hour.

                        e)  An employee accruing annual leave shall take a minimum of 5 days of leave each year.  If an employee fails to take at least 5 days of leave in any year, his/her balance of accrued leave shall be reduced by 5 days.

                        f)  Leave may be accrued and carried over from year to year to a maximum carryover of accrued leave from one year to the next of 60 days.  Accrued leave in excess of 60 days will be lost at the end of each calendar year.

                        g)  Employees shall received full pay while on leave.

                        h)  Part-time and temporary employees do not accrue annual leave.  An employee serving a probationary period prior to attaining full-time permanent status, accrues annual leave during his/her probationary period.  Annual leave may not be taken during the probationary period and shall not be paid off at the end of the probationary period should employee not attain permanent status. (Ord. 04-02)

Section 2.581.0.          Medical Leave With Pay. 

                        (a)  An employee in a full-time, permanent position accrues medical leave at the rate of .04 per hour regardless of the length of the employee's tenure with the city.  Medical leave does not accrue at increased rates according to longevity of employment. (Ord. 04-02)

                        (b)  Medical leave may only be taken for a bona fide medical purpose of the employee.  The city requires verification of the medical purpose from the employee's physician for more than two days of consecutive absences.  (Ord. 05-01)

                        (c)  An employee who exhausts his/her medical leave and is unable to return to work for medical reasons is placed on annual leave automatically.  If the employee is still unable to return to work upon expiration of his annual leave, he/she is automatically placed on leave without pay.

                        (d)  Medical leave may be accrued and carried over from year to year up to a maximum carryover of medical leave from one year to the next of 60 days.  Accrued medical leave in excess of 60 days will be lost at the end of each year.

                        (e) Employees shall receive full pay while on medical leave.

                        (f)  Part-time and temporary employees do not accrue medical leave.  An employee serving a probationary period prior to attaining full-time permanent status, accrues medical leave during his/her probationary period.  Medical leave may not be taken during the probationary period and shall not be paid off at the end of the probationary period should employee not attain permanent status.

                        (g)  As required by federal law, pregnancy will be treated the same way as any other illness or disability for the purposes of medical leave.

                        (h)  At the time of termination, all unused sick leave will be lost or will not be paid.

                        (I)  At the time of adoption of this ordinance, the only full time position is the city clerk.

Section 2.581.5.          Military Leave.

                        (a)  A full-time permanent employee, or a probationary employee who will become a full-time permanent employee at the end of his/her probationary period, who is a member of a reserve component of an armed service of the US, or of the National Guard, or of the US Public Health Service, shall be entitled to a leave of absence of not more than two standard working weeks in any calendar year for the purpose of participating in temporary active duty or training duty. (Ord. 04-02)

                        (b)  During temporary military leave an employee shall receive full pay and benefits and shall accrue annual and medical leave to which he/she is otherwise entitled. (Ord. 04-02)

                        (c)  An employee shall receive military leave only if he/she is subject to bona fide military orders calling him/her to temporary active duty or training duty during the period of the leave.

                        (d)  An employee who does not return to duty with the city immediately upon the expiration of his period of temporary active duty or training duty shall not receive payment for military leave.

                        (e)  Notwithstanding the limitations on military leave set out in this section, if federal or state law requires a more liberal leave for military personnel, the provisions of such law shall apply.

Section 2.582.0    Jury and Witness Leave

                        (a) A full-time permanent employee, or a probationary employee who will become a full-time permanent employee at the end of his/her probationary period, who is called to jury duty, or is subpoenaed to appear in court as a witness shall be entitled to a leave of absence during the time his/her presence in court is required.

                        (b) During jury and witness leave, an employee shall receive full pay and benefits and shall accrue annual and medical leave to which he/she is otherwise entitled. An employee shall pay to the city any compensation which he/she receives for serving on a jury or testifying as a witness.

                        (c) An employee may receive full pay while on jury and witness leave for not more than 10 consecutive working days, or a total of 20 working days in any calendar year. Thereafter, the employee may elect to be placed on annual leave or leave without pay, at the employee's option, during the remainder of the employee's service as a juror or witness. If the employee fails to make an election, the mayor shall first place the employee on annual leave, and then place the employee on leave without pay after the employee's annual leave is exhausted.

Section 2.582.5    Voting Leave

If an employee is unable to vote because of his/her work schedule, he/she shall be given a reasonable time off-duty on which to vote, without loss of pay, benefits, or leave accrual.

Section 2.583.0    Leave Without Pay

The mayor may grant leave without pay to an employee who has exhausted his/her annual leave, and medical leave, if applicable. Such leave shall be granted in cases of exceptional hardship to the employee, and then only if the needs of the city reasonably allow the leave to be taken. An employee on leave without pay shall not receive pay from the city and shall not accrue annual or medical leave during the leave without pay.

Section 2.583.2 Family Leave

The City shall grant to an employee leave in accordance with any federal or state statute that is or becomes applicable to the City that requires the grant of family or similar leave.

Section 2.583.5    Recognized City Holidays.

The following days shall be recognized as holidays with pay for all permanent employees. Full-time/permanent employees shall receive full pay.

                        A. New Year's Day;

                        B. Martin Luther King Jr. Day;

                        C. Presidents Day;

                        D. Seward’s Day;

                        E. Memorial Day;

                        F. Independence Day;

                        G. Labor Day;

                        H. Alaska Day;

                        I. Veterans Day;

                        J. Thanksgiving Day;

                        K. (repealed);

                        L. Christmas Day.  (Ord. 10-01; Ord. 04-02)

Section 2.584.0    Holiday Falling On A Saturday , Sunday Or Monday.

When a recognized holiday falls on a Saturday the preceding Friday shall be treated as a holiday. When a recognized holiday falls on a Sunday, or  Monday the following Tuesday shall be treated as a holiday.

Section 2.584.5   Holiday Falling On Day Off Of A Shift Worker.

If a holiday falls on a shift employee's normal day off, his/her next working day shall be treated as a holiday.

Section 2.585.0    Mayor's Authority

The Mayor has the authority to designate additional holidays for the employee. (Ord. 04-02)

Subchapter 9 - Alcohol and  Drug Use

Sections:

            2.590.0            Purpose

            2.590.5            Drug and Alcohol Abuse Awareness Program

            2.591.0            Compliance With State and Federal Law

            2.591.5            Americans With Disabilities Act

            2.592.0            Equal Opportunity - Non Discrimination

            2.592.5            Sexual and Other Unlawful Harassment

            2.593.0            Employee Rights and Notices

Section 2.590.0 Purpose

            (a)  To establish a policy to maintain a workplace that is free from the effects of drug and alcohol abuse in compliance with the federal Drug Free Workplace Act.

Section 2.590.5 Drug and Alcohol Abuse Awareness Program.

            (a)  The mayor shall establish a drug and alcohol abuse awareness program.  This program must provide information concerning the following to city employees.

                        (1)  The dangers of drug and alcohol abuse;

                        (2)  The city’s policy for maintaining a drug free workplace;

                        (3)  The availability of counseling and rehabilitation programs;

                        (4)  The penalties which may be imposed for violations of this drug free workplace policy.

            (b)  The mayor/mayor designee shall notify all employees that they must abide by this drug free workplace policy and that they must notify the city if they are convicted of any criminal drug violation based on conduct occurring in the workplace.

Section 2.591.0 Compliance With State and Federal Law.

If any provision of this personnel code is contrary to an applicable federal or state law or regulation, the requirements and provisions of such law or regulation shall supersede the conflicting requirement of this personnel code and shall apply in lieu of the conflicting provisions herein.

Section 2.591.5  Americans With Disabilities Act.

            The City of Anderson is committed to complying fully with the Americans With Disabilities Act and insuring equal opportunity and employment for qualified persons with disabilities.  All employment practices and activities are conducted on a non-discriminatory basis.  Hiring procedures shall be utilized which provide persons with disabilities with meaningful employment opportunities.  Pre-employment inquiries are made only regarding an applicant's ability to perform the duties of a position.  Reasonable accommodation is available to all disabled employees where their disability affects the performance of job functions.  Decisions determining the applicant or applicants to which employment offers will be made are not based on the disability of any individual applicant.  Qualified individuals with disabilities are entitled to equal pay and other forms of compensation, and changes in compensation, as well as in job assignments, classifications, organizational structures, position descriptions, lines of progression, and seniority list.  Leave is available on the same basis to all employees within a given employment classification or category.  The City of Anderson is also committed to not discriminating against any qualified employee or applicant because they are related to or associated with a person with a disability.  The City of Anderson will follow all state and other laws that provide individuals with disabilities for greater protection than the Americans With Disabilities Act.  This policy is neither exhaustive nor exclusive.  The City of Anderson is committed to taking all other actions necessary to ensure equal employment opportunity for persons with disabilities in accordance with the Americans With Disabilities Act and all other applicable federal, state and local laws.

Section 2.592.0  Equal Opportunity - Non-Discrimination.

            In order to provide equal employment and advancement opportunities to all individuals, employment decisions at the City of Anderson will be based on merit, qualifications and abilities except as otherwise specifically provided under this personnel code.  As to all positions in the City of Anderson, the City will not discriminate in employment opportunities or practices on the basis of race, color, religion, sex, national origin, age, marital status, change in marital status, pregnancy, parenthood, disability, or any other characteristic protected by law.  The City of Anderson will make reasonable accommodations for qualified individuals with known disabilities unless doing so would result in an undue hardship on the City.  This policy governs all aspects of employment, including selection, job assignment, compensation, discipline, termination, and access to benefits and training.  Any employees with questions or concerns about any type of discrimination in the work place are encouraged to bring those issues to the attention of their immediate supervisor or the administrator or mayor.  Employees may raise concerns and make reports without fear of reprisal.  Anyone found of engaging in any type of unlawful discrimination will be subject to disciplinary action, up to and including termination of employment.

2.592.5  Sexual and Other Unlawful Harassment.

            The City of Anderson is committed to providing a work environment that is free of discrimination and unlawful harassment.  Actions, words, jokes or comments based on an individual's sex, race, ethnicity, age, religion or any other legally protected characteristic will not be tolerated.  Any employee who believes that they have been the subject of sexual or other unlawful harassment are encouraged to properly report the matter to his or her supervisor.  If the supervisor is not available or the employee believes it would be inappropriate to contact that person, the employee should immediately contact the administrator or mayor or any other member of the City's management.  Employees may raise concerns and make reports without fear of reprisal.  Any supervisor or manager who becomes aware of possible sexual or other unlawful harassment shall immediately advise the administrator or mayor or any member of management with authority to handle the matter in a timely and confidential manner.  Anyone engaging in sexual or other unlawful harassment will be subject to disciplinary action, up to and including termination of employment.

2.593.0  Employee Rights and Notices.

            The employees of the City of Anderson are given rights and protections by various state and federal laws.  Such laws relate to work place safety, unemployment compensation, workers' compensation, and other forms of rights and protections.  Notice of many of these rights and protections are posted on the City's bulletin board.  Required notices for which there is insufficient room on the bulletin board are maintained in the clerk's office and each employee should request a copy of such additional notices from the City Clerk. (Ordinance 96-01 and 99-02)