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HomeMy WebLinkAboutEmployee Handbook 400 Leaves of Absence (90_-1) City of Rexburg Employee Handbook 1 400 LEAVES OF ABSENCE 401 VACATION Vacation time off with pay is available to eligible employees to provide opportunities for rest, relaxation, and personal pursuits. Employees in the following employment classification(s) are eligible to earn and use vacation time as described in this policy: Regular full-time employees Introductory full-time employees The amount of paid vacation time employees receive each year increases with the length of their employment as shown in the following schedule. Vacation is earned on a monthly basis, regardless of when it is used, recorded, or made available. On date of hire a prorated amount will be made available to the end of the calendar year for new employees. VACATION EARNING SCHEDULE --Non-MFD24 (MFD=Madison Fire Department) employees (See 204 Employment Categories in Employee Handbook 200 Records & Status) YEARS OF ELIGIBLE SERVICE MONTHLY ACCRUAL VACATION HOURS PER YEAR Upon initial eligibility 4 hours 48 72hours After 1 year 8 hours 96 hours After 5 years 10 hours 120 hours After 10 years 12 hours 144 hours After 15 years 13.333 hours 160 hours After 20 years 14.667 hours 176 hours After 25 years 16 hours 192 hours After 30 years 17.333 hours 208 hours VACATION EARNING SCHEDULE MFD24 employees (See 204 Employment Categories in Employee Handbook 200 Records & Status) YEARS OF ELIGIBLE SERVICE MONTHLY ACCRUAL VACATION HOURS PER YEAR Upon initial eligibility 5.6 hours 67.2 100.8 hours After 1 year 11.2 hours 134.4 hours After 5 years 14 hours 168.0 hours After 10 years 16.8 hours 201.6 hours After 15 years 18.67 hours 224.0 hours After 20 years 20.53 hours 246.4 hours After 25 years 22.4 hours 268.8 hours After 30 years 24.27 hours 291.2 hours MFD24 employees receive more hours of vacation because they are scheduled for more hours of work (2912 versus the 2080 for other workers) during the year. This way, MFD24 employees can take vacation for the same number of sequential calendar days per year as any other employee. City of Rexburg Employee Handbook 2 The length of eligible service is calculated on the basis of a 12-month period that begins when the employee starts work as a new employee in a full-time position, including an introductory classification where the position is identified as full-time. During the hiring or reclassification of an employee, the Mayor shall have the option of granting an amount of years that are in lieu of longevity earned (even though those years were not worked for the city), for the purpose of calculating vacation hours, up to the equivalent of 5 extra years for certain employees with high levels of training, education, and/or experience. These extra years shall be added to the calculation of longevity even after the employee has been with the City for more than five years. No other vacation may be awarded to an employee, except per the schedule above. Once employees enter an eligible employment classification, they begin to earn paid vacation time according to the schedule. Introductory full-time and regular full-time employees may request use of current year's accrual in advance of it being earned. To take vacation, employees should request at least a 2 week advance approval from their supervisors. Requests will be reviewed based on a number of factors, including longevity, business needs and staffing requirements. Employees with greater longevity will generally be given first consideration in scheduling vacations and time off, over employees with less longevity. Final decisions on vacation scheduling will be made by supervisors and Department Heads. Vacation time off is paid at the employee's base pay rate at the time of vacation. It does not include overtime or any special forms of compensation. Upon termination of employment, employees will be paid for unused vacation time that has been earned through the last day of work. All unearned vacation that was taken will be deducted from the employee’s final paycheck. See Section 411 below for exempt employee treatment of leave. CASH OUT OR CARRYOVER Employees may not carryover more than 80 hours of vacation time (112 for MFD24 employees) into a new calendar year. Any employee who accrues vacation may cash-out up to a total of 4060 hours of vacation (56 84for MFD24 employees) during December on the last two payrolls of the calendar year (December 15 & 31). The employee must notify the payroll clerk in writing or with an electronic form request of their intentions to cash-out any vacation by three working days prior to the December payroll dates. Emergency Services (MFD and Police) may claim vacation if they pick up other shift coverage during a pay period. Any year end vacation balance over 80 hours (112 for MFD24 employees) will be lost. 402 HOLIDAYS The City will grant holiday time off to all employees on the holidays listed below. New Year's Day (January 1) Martin Luther King, Jr. Day (third Monday in January) Presidents' Day (third Monday in February) Memorial Day (last Monday in May) Independence Day (July 4) City of Rexburg Employee Handbook 3 Pioneer Day (July 24) for MFD Employees Only Labor Day (first Monday in September) Patriots Day/Emergency Services Day (September 11) for MFD and Police Employees Only Veteran’s Day (November 11) Thanksgiving (fourth Thursday in November) Day after Thanksgiving Christmas Eve (Eve (4 hours (5.6 hours for MFD24 Employees) of Holiday, but only when it falls on a Monday, Tuesday, Wednesday, or Thursday).but only when it falls on a Monday, Tuesday, Wednesday, or Thursday) under the Mayor’s discretion. Christmas (December 25) New Year’s Eve (4 hours (5.6 hours for MFD24 Employees) of Holiday, but only when it falls on a Monday, Tuesday, Wednesday, or Thursday).Holiday, but only when it falls on a Monday, Tuesday, Wednesday, or Thursday) Holiday under the Mayor’s discretion. According to applicable restrictions, the City will grant paid holiday time off to all eligible employees immediately upon assignment to an eligible employment classification. Holiday pay will be calculated based on the employee's straight- time pay rate. An eligible employee will receive holiday pay at his or her straight-time rate for 8 hours (11.2 hours for MFD24 employees) besides other hours worked. Paid time off for holidays will not be counted as hours worked for the purposes of determining overtime. Eligible employee classification(s) for this benefit are introductory full-time and regular full-time employees. A recognized holiday that falls on a Saturday will be observed on the preceding Friday. A recognized holiday that falls on a Sunday will be observed on the following Monday. Holiday pay for Christmas Eve and New Year’s Eve will not be given if they fall on a Friday, Saturday, or Sunday.will not be given if they fall on a Friday, Saturday, or Sunday.Are under the discretion of the Mayor. The scheduled Office Hours for Christmas Eve and New Year’s Eve that fall on a Monday, Tuesday, Wednesday, or Thursday will be from 8 AM to 12 noon (Some Departments may vary slightly in this schedule, for example, many Public Works departments choose to have scheduled office hours from 7 AM to 11 AM).that fall on a Monday, Tuesday, Wednesday, or Thursday will be from 8 AM to 12 noon (Some Departments may vary slightly in this schedule, for example many Public Works departments choose to have scheduled office hours from 7 AM to 11 AM). Are under the discretion of the Mayor. 403 SICK LEAVE The City provides paid sick leave benefits to introductory full-time and regular full-time employees for periods of temporary absence due to illnesses, injuries, or associated appointments with medical professionals. Eligible employees may use sick leave benefits for an absence from scheduled work time due to their own illness or injury or that of a spouse or children under the age of 18, or parents or parents- in-law, regardless of where they live, or anyone else living in the employee’s residence, that the employee has caretaker responsibility for, due to the inability to care for themselves as stated in writing by their physician. With the exception of MFD24 employees, employees accrue sick leave at the rate of 8 hours per month up to a maximum end of the calendar year carryover of 480 hours. MFD24 employees accrue 11.2 hours of sick leave per month up to a maximum calendar-year-carryover of 672 hours. Formatted: None City of Rexburg Employee Handbook 4 Employees who are unable to report to work due to illness or injury should notify their direct supervisor before the scheduled start of their workday, if possible. The direct supervisor must also be contacted on each additional day of absence. Once an employee has claimed sick leave for three or more consecutive scheduled work days the direct supervisor may require a physician’s written statement verifying the condition and specifying the expected ending date, the employee’s ability to return to work, and what restrictions may apply if he feels the situation warrants such action. Sick leave benefits will be calculated based on the employee's base pay rate at the time of absence and will not include any special forms of compensation, such as bonuses or shift differentials. As an additional condition of eligibility for sick leave benefits, an employee on an extended absence must apply for any other available compensation and benefits, such as workers' compensation. Sick leave benefits may will be used to supplement any payments that an employee is eligible to receive from workers' compensation insurance. The combination of any such disability payments and sick leave benefits cannot exceed the employee's normal weekly earnings. When an employee is off work due to a workers' compensation claim, the employee will need to offset leave with usage of sick or vacation leave. Once the employee receives reimbursement for lost time payment from the workers compensation carrier the prorated amout will be credited back to the employees appropriate leave banks. If the employee has no paid leave available they will only receive the amount paid by the workers comp insurance carrier. The employee is required to provide a copy of the check or other proof of payment to the Payroll Clerk as soon as is practical to receive credit to leave banks. Family medical leave will work in conjunction with workers compensation leave. Employee Handbook 304 Workers’ Compensation Insurance Sick leave benefits are intended solely to provide base pay income protection in the event of illness or injury, and may not be used for any other absence. Thus, sick leave benefits cannot be claimed to the extent that it would result in compensation of any amount above the base pay. Unused sick leave benefits will not be paid to employees while they are employed except as stated elsewhere in this handbook. Additionally, where a pattern of sick leave use presents itself, or a question arises as to the legitimate use of accrued sick leave, department heads shall have the right to inquire of proper use of accrued sick leave, make inquiry of the employee as to their ability to perform essential functions of the job and otherwise request medical information be provided to the supervisor. 404 SICK LEAVE BANK & POST EMPLOYMENT HEALTH PLAN In order to reach the following goals, the City has implemented this policy. Promote conservation of sick leave by all employees, Reward those who do not abuse or are conservative with their sick leave, and Promote longevity of employees, whereas the City has invested much training in them. In 1990, the City established individual sick leave banks whereby an employee’s unused days over the 60 day maximum at the end of the calendar year were deposited in the sick leave bank, after the first 2 days were converted to vacation. From 2001 and thereafter, the employees no longer accumulated sick days at the end of the year in the sick bank, which will eventually phase out as those with remaining balances become eligible for full retirement. The current policy states that all additional, unused, accumulated sick leave above 480 hours for each employee (above 672 hours for MFD24 department employees), after the first 2 days were converted to vacation, will be converted to cash at a rate of 35% of the employee’s current hourly Formatted: Font: 11 pt City of Rexburg Employee Handbook 5 rate and deposited in the City’s Voluntary Employee Benefit Association (VEBA) Post Employment Health Plan (PEHP) in that employee’s name in the custody of a third party administrator so there is no outstanding unfunded liability. Upon retirement, the City will add to the employee’s PEHP/VEBA/HRA account 35% of their unused Sick Leave of the first 480 hours (672 hours for MFD24 department employees) plus 35% of any Sick Leave Bank balance. The balance in the employee’s PEHP/VEBA/HRA account is subject to a 20 year eligibility proration. The percentage of their account that is made available to them at qualified retirement shall be calculated by adding five percent (5%) for each full year of employment of the individual employee up to a maximum of one hundred percent or twenty years (100% = 20 years times 5% each). Employees will be eligible for this benefit after 5 years of continuous City employment and upon eligible retirement as described below. To promote longevity, this benefit is available only to employees who obtain one of the following requirements: 1) They receive full monthly retirement benefits as defined and controlled by the State of Idaho Retirement System (PERSI) meeting the Rule of 80 or 90 as applicable, or a combination thereof depending on applicability and as determined by PERSI. 2) They meet the age requirements of a PERSI Service Retirement. 3) The employee is terminated without cause. The Sick Leave Bank is not a savings account, nor is it maintained with any specific funding. Therefore, no interest is earned, nor may any be claimed or drawn upon it. If the employee does not obtain one of the three requirements above or does not have the full 20 years of employment at qualified retirement, the unearned balance of their accounts will be remitted back to the City. Under the above terms of this policy, the City is not responsible to pay the cost of any benefit which the employee may wish to continue. *NOTE: The City is not responsible for the payment of benefit costs if an employee elects the option described below for retiree continuation of benefits. The election of this option and the continuation of benefits after separation are subject to the availability, terms, and conditions of any existing plan or benefit sponsored by the City. The City cannot guarantee any benefit will continue or remain unchanged after an employee separates from service. 405 SHARING OF VACATION AND SICK LEAVE An employee may donate their excess vacation and/or sick leave to another regular full-time employee if they, on the date of the donation: 1) have a balance of vacation in excess of 1 day per month for the rest of the calendar year, or 2) have a balance of unused sick leave in excess of the maximum allowed accrual and 3) have worked for the city for at least 5 years, and 4) have completed the city form for such donation, specifying in writing which employee is to be the receiver. The recipient, to qualify for the donation: 1) must have expended all their vacation and sick leave, and 2) must be using the donated leave for a condition requiring a doctor’s written “excuse” for absence from work, which written “excuse” is in the possession of the payroll department, and 3) is not terminated from employment, and City of Rexburg Employee Handbook 6 4) is not on light duty status, and 5) is not returned to work, and 6) must have worked for the city for at least 6 months, and 7) must not receive more than their base salary during any pay period where donated leave is used, and 8) is not utilizing donated leave for any days that are being paid for by workman’s compensation or the long term disability insurance provided by the City of Rexburg The donated leave shall be transferred and used on a first-in-first-out (FIFO) basis in the order that they are received and determined valid, according to this handbook, by the payroll clerk. All unused leave shall be returned to the donor(s) once the recipient is ineligible for the donation. The donor may request, at any time before the donation is transferred by the payroll department, that the unused remainder of the donation be returned. The donor may have the option of remaining anonymous. 406 FAMILY & MEDICAL LEAVE (FMLA) The City provides family and medical leaves of absence without pay to eligible employees who take time off from work duties to fulfill family obligations relating directly to the birth, adoption of a child, or the serious health condition of a child, spouse, parent, or themselves. This leave also is available for the placement of a foster child. A serious health condition means an illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, or residential medical care facility; or continuing treatment by a health care provider. In order to be eligible for Family and Medical Leave, employees must have completed at least 12 months of continuous service, and have worked at least 1,250 hours in the 12-month period immediately prior to a request for family or medical leave. Employees requesting Family and Medical Leave may be required to provide a physician's statement verifying the nature of the illness or health condition, its beginning and expected ending dates, the need for care or to be off work, and the estimated time required for the leave. The City may request a second medical opinion at it’sits own expense. Eligible employees may request up to a maximum of 12 weeks of family leave within any 12-month period which starts as of the first day of use of Family & Medical Leave. Any combination of family leave and medical leave may not exceed this maximum limit. Requests for this leave should be in advance of foreseeable events and as soon as possible for unforeseeable events. Any leave beyond 25 calendar days should be requested at least 4 weeks in advance. Any lesser period of leave should be requested at least two weeks in advance. Of course, employees should request leave as soon as possible for any unforeseeable events. MILITARY EXCEPTION Eligible employees may request up to twelve (12) weeks of leave within any 12 month period to attend to an urgent need (Qualifying exigency) arising out of the fact that the employee, employee’s spouse, parent, son, or daughter is a service member who is “on active duty (or notified of an impending call or order to active duty) in support of a contingency operation.” In accordance with federal law, this policy also permits a spouse, son, daughter, parent, or next of kin to take up to 26 workweeks of leave within any 12 month period to care for a member of the Armed Forces, including a member of the National Guard or Reserves, who is Formatted: Font: Bold Formatted: Indent: Left: 0.5" City of Rexburg Employee Handbook 7 undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness. The 12 month eligibility period begins on the first day that the leave is taken. Unless requested to be earlier by the employee, the use of Family and Medical Leave will automatically start when an eligible employee has been off work due to a qualifying reason, including the employee’s personal illness, for three (3) days or more whether or not those days are consecutive. Employees will be required to first use any accrued and eligible paid leave time before taking unpaid family leave as part of the approved period of Family and Medical Leave. Any paid time off must be taken before any unpaid time off is allowed, and any paid time off shall be counted towards the total of 12 weeks granted in this policy. Married employee couples may be restricted to a combined total of 12 weeks leave within any 12 month period for childbirth, adoption, or placement of a foster child; or to care for a parent with a serious health condition. Family and Medical Leave may be taken all at once, on an intermittent basis, or on a reduced- hourshour’s basis, at the discretion of the department. In cases where an employee requests a reduced-hours leave, the City may temporarily transfer the employee to an alternate position, if available, that better accommodates the City's needs in providing an intermittent or reduced-hours schedule. The alternate position will have equivalent pay and benefits. The City is not required to accommodate the employee with these types of schedules. Employees are asked to consider several factors in determining the number of weeks or amount of time they shall request for Family and Medical Leave. Among those factors are: The impact to the work environment and their co-workers' job demands The volume and type of work currently being handled or needing to be completed The demands of the work load and resulting impact to the work force as a result of the employee’s absence CONTINUATION OF BENEFITS Subject to the terms, conditions, and limitations of the applicable plans, the City will continue to provide health insurance benefits for the full period of the approved family leave on the same basis that any insurance benefit coverage was in place prior to any leave period. This also means that when an employee has used all available paid leave, they will still be responsible to make payment to the City for their normal share of costs of all benefits or insurance programs. Benefit accruals, such as vacation, sick leave, or holiday benefits, will be suspended during any unpaid leave and will resume upon return to active employment. So that an employee's return to work can be properly scheduled, an employee on Family and Medical Leave is requested to provide the City with at least two weeks' advance notice of the date the employee intends to return to work. When an employee returns to work without medical restriction before the end of his or her available FMLA the employee will be reinstated to the same position, if it is available, or to an equivalent position for which the employee is qualified. Appointed employees and supervisors may not be returned to their position, or may not be reinstated, if an economic and severe hardship and loss to the City may be created as a direct result of the employee's prolonged absence. If an employee fails to report to work promptly, or fails to provide written clearance by a physician to work without restriction, on or before the end of the approved leave period, the City will assume that Formatted: Font: Bold Formatted: Indent: Left: 0.25" City of Rexburg Employee Handbook 8 the employee has resigned. Under circumstances where the employee fails, without cause related to any medical condition, to report back after the leave period ends, the employee may be required to reimburse the City for the health insurance premium costs paid on their behalf during any unpaid leave. Employees are encouraged to contact their supervisor and department head and make inquiry, raise concerns, and seek information about Family and Medical Leave without any fear of retaliation. WORK RELATED INJURIES Employees who sustain work-related injuries are eligible and are required to use Family and Medical Leave for a medical leave of absence for the period of disability in accordance with all applicable laws covering occupational disabilities. Thus, if an employee is on Workers' Compensation while Worker's Compensation is paying the eligible employee a medical benefit and the employee is unable to work, then the City will approve the time away from work for the employee subject to the same conditions as covered by this or other policies. (See Worker’s Compensation Policy). If an employee fails to report to work promptly, or fails to provide written clearance by a physician to work without restriction, on or before the end of the approved leave period, the City will assume that the employee has resigned. 407 BEREAVEMENT LEAVE If an employee wishes to take time off due to the death of an immediate family member, the employee should notify his or her supervisor immediately. Up to three days (24 hours) of paid bereavement leave will be provided to regular full-time non- MFD24 employees and introductory full-time employees. For MFD24 employees, 48 hours of leave will be provided. Bereavement leave must be used within one calendar week of the applicable funeral, burial or cremation. Bereavement pay is calculated based on the base pay rate at the time of absence and will not include any special forms of compensation, such as bonuses or shift differentials. Approval of bereavement leave by the supervisor or the Department Head will occur in the absence of unusual operating requirements. Any employee may, with the supervisor's approval, use any available vacation leave for additional time off as necessary. The City defines "immediate family" as the employee's spouse, parent, child, sibling, grandparent or grandchild, or the employee’s spouse’s parent, child, sibling, grandparent or grandchild. A spouse of one of the above is treated the same as the above. DEATH OF MEMBER OF UNIFORMED SERVICES IN LINE OF DUTY An eligible employee shall be entitled to an additional four days of leave (unpaid), because of the death of a parent, spouse, son, daughter, or person for whom the employee serves as designated representative under section 1482(c) of title 10, United States Code, if the deceased died in the line of duty as a member of the uniformed services. Such leave is intended to permit the employee to prepare for or attend the burial ceremony of the deceased member of the uniformed services and is unpaid leave. Formatted: Font: Bold Formatted: Font: Bold Formatted: Indent: Left: 0.25" City of Rexburg Employee Handbook 9 408 JURY DUTY The City encourages employees to fulfill their civic responsibilities by serving jury duty when required. Regular full-time employees may receive up to 120 hours (168 hours for MFD24 Employees)) of paid jury-duty leave over any two year period. If employees are required to serve jury duty beyond the period of paid jury-duty leave, they may use vacation benefits or may request an unpaid jury-duty leave of absence. Jury duty leave pay will be calculated on the employee's base pay rate times the number of hours the employee would otherwise have been scheduled to work on the day(s) of absence. An employee who receives jury duty leave pay from the City is required to turn over to the City any jury service pay from the court, unless the employee uses accrued vacation leave pay or unpaid leave in place of the jury-duty leave pay. Employees must show the jury-duty summons to their supervisor as soon as possible so that the supervisor may make arrangements to accommodate their absence. Of course, employees are expected to report for work whenever the court schedule permits. Either the City or the employee may request an excuse from jury duty if, in the City's judgment, the employee's absence would create serious operational difficulties. The City will continue to provide health insurance benefits for the full term of the jury-duty absence. Vacation, sick leave, and holiday benefits, will continue to accrue during jury-duty leave. 409 WITNESS DUTY The City encourages employees to appear in court for witness duty when subpoenaed to do so. If employees have been subpoenaed as witnesses by the City, they will receive paid time off for the entire period of witness duty. Regular full-time employees will be granted a maximum of 40 hours (56 hours for MFD24 employees) of paid time off over any two year period to appear in court as a witness at the request of a party other than the City. Witness-duty leave pay will be calculated on the employee's base pay rate times the number of hours the employee would otherwise have been scheduled to work on the day(s) of absence. An employee who receives witness-duty leave pay from the City is required to turn over to the City any compensation received from the court or other party for their witness service, unless the employee uses accrued vacation leave pay or unpaid leave in place of the witness-duty leave pay. The subpoena should be shown to the employee's supervisor immediately after it is received so that operating requirements can be adjusted, where necessary, to accommodate the employee's absence. The employee is expected to report for work whenever the court schedule permits. 410 MILITARY LEAVE CITY BENEFITS A military leave-of-absence will be granted to regular full-time employees to attend scheduled drills or training or if called to active duty with the U.S. armed services,. in accordance with Idaho Code §§ 46-407 and 409, and the Uniformed Services Employment and Reemployment Rights Act (USERRA). (see Appendices for Notice) Upon presentation of satisfactory military pay verification data, employees will be paid the difference between their normal base compensation and the pay (excluding expense pay) received Formatted: Font: Bold Formatted: Keep with next, Keep linestogether, Tab stops: 0.3", Left + 0.6", Left + 1.5", Left + 1.8", Left + 2.1", Left + 2.4",Left + 2.7", Left + 3.3", Left + 3.6", Left + 3.9", Left + 4.2", Left + 4.8", Left + 5.1", Left + 5.4", Left + 5.7", Left + 6.3", Left + 6.6", Left + 6.9", Left + Not at 0.25" + 0.5"+ 2" + 2.5" + 3.5" + 4" + 5" + 5.5" + 6.5" + 7" Formatted: Font: 10 pt Formatted: Indent: Left: 0" City of Rexburg Employee Handbook 10 while on military duty. The portion of any military leaves-of-absence in excess of three (3) calendar weeks will be unpaid. However, employees may use any available vacation leave or compensatory time for the absence. (See 505 On-Call Compensatory Time policy in this Handbook.) Subject to the terms, conditions, and limitations of the applicable plans for which the employee is otherwise eligible, health insurance and leave benefits will be provided by the City for the term of the military leave of absence up to three (3) calendar weeks. For the purpose of this policy, the employee shall be considered as being on an inactive status, but still an employee, during the three (3) calendar weeks of leave in which accruals continue. Employees on two-week active duty training assignments or inactive duty training drills are required to return to work for the first regularly scheduled shift after the end of training, allowing reasonable travel time. Employees on longer than three (3) calendar weeks per year of military leave must apply for reemployment in accordance with all applicable state and federal laws. Every reasonable effort will be made to return eligible employees to their previous position or a comparable one. They will be treated as though they were continuously employed for purposes of determining benefits based on length of service, such as the rate of vacation accrual and job seniority rights. UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT (USERRA) NOTICE The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) is a federal law which gives members and former members of the U.S. armed forces (active and reserves) the right to go back to a civilian job they held before military service. Who gets USERRA protection? You probably qualify for USERRA protection if you meet all five of these tests: 1. Job. Did you have a civilian job before you went on active duty? All jobs are covered, unless your employer can prove the job was truly a temporary position. USERRA applies to all private employers, state governments, and all branches of the federal government. 2. Notice. You (OR A RESPONSIBLE OFFICER FROM YOUR MILITARY UNIT) MUST GIVE ADVANCE NOTICE TO YOUR EMPLOYER BEFORE LEAVING FOR ACTIVE DUTY. Notice can be oral or in writing, but you can best protect your rights by sending a letter by certified mail, or having your employer sign your copy of your letter, acknowledging receipt. 3. Duration. You can be gone from your civilian job for up to five years (total). Any absences from your employer protected under the previous law (VRRA) count towards your total. Most periodic and special Reserve and National Guard training does not count towards your five year total. 4. Character of service. If you are discharged, you must receive an honorable or general discharge. This test does not apply if you remain in the reserve component, but your employer can still require some proof from your unit that your period of service was honorable. A letter from your commander will suffice. 5. Prompt return to work. If you were gone up to 30 days, you must report back to the first shift which begins after safe travel time from your duty site plus eight hours to rest. If you were gone 31 to 180 days, you must apply in writing for work within 14 days after completing military service. If you were gone 181 days or more, you must apply in writing for work within 90 days. Tell your employer you worked there before, and you left for military service. Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold City of Rexburg Employee Handbook 11 You are entitled to protections both while you are gone and when you return to work. 1. Health insurance during service. If you ask for it, your employer must continue to carry you and your family on the company health plan for up to 30 days of service, at the normal cost to you. TRICARE does not cover family members for tours of 30 days or less. You can get up to 18 months of coverage, but your employer can pass on the full cost (including the company’s share) on to you. 2. Prompt reinstatement. You get your job back immediately if you were gone 30 days or less. After longer service, you must get your job back within a few days. 3. Status and Seniority. For purposes of status, seniority, and most pension rights (including pay rate) you are treated as if you never left for military service, If your peers got promotions or raises while you were gone, you do too. 4. Training and other accommodations. Your employer must train you on new equipment or techniques, refresh your skills, and accommodate any service-connected disability. 5. Special protection against discharge other than for cause. If you are fired within a protected period, your employer must prove the firing wasn’t because of military service. Your protected period varies with how long you were gone. 6. Immediate reinstatement of health benefits. You and your family may choose to go back on the company health plan immediately when you return to your civilian job. There can be no waiting period and no exclusion of pre-existing conditions, other than for VA-determined service-connected conditions. 7. Antidiscrimination provision. USERRA prohibits discrimination based on military service or military service obligation. 8. Other benefits. USERRA guarantees you certain rights. It does not eliminate any other benefits you may have from state law, contract, or collective bargaining agreement. 411 EXEMPT EMPLOYEE TREATMENT OF LEAVE Most Exempt Employees, and especially Department Heads, often have to work over 50 hours per week in order to accomplish their responsibilities. Exempt employees (See 204 Employment Categories) under the Federal Labor Standards Act (FLSA) are generally expected to work at least 40 hours per calendar week and do not receive overtime pay for extra hours worked. When an exempt employee works part of a day, by FLSA rules they do not have to report any leave taken. However, when they are gone for a full day when they were scheduled to work, one day’s leave should be deducted from their applicable leave balance,balance or their paycheck if there is no applicable leave available. Any time off of a scheduled workday should be pre-approved by that employee’s supervisor. When an Exempt employee works a non-scheduled day for at least 4 hours, they may submit documentation of that to the Human Resource Department and receive an additional day of vacation for that day. This time should only be worked with approval from the Department Head. Because we are scheduled to work only the first ½ days on Christmas Eves or New Year’s Eves that fall on Monday, Tuesday, Wednesday, or Thursday, exempt employees are not eligible to accrue a vacation day on those dates unless they work the required time after 1:00 p.m. of those days. If an exempt employee does not work those respective dates, they are not required to report vacation. City of Rexburg Employee Handbook 12 All Exempt employees should report any days off to the Human Resource Department using the City Leave Report. The Exempt employee will not file a timesheet, unless requested by the supervisor.