Vacation leave shall be earned beginning with the date of employment under the conditions hereinafter stated. An employee who works fewer than 12 days in any month shall not accrue vacation credit for such month of service; provided this restriction of 12 days shall not apply where the employee has worked fewer than 12 days due to authorized vacation or sick leave. No employee shall be permitted to use vacation time for any period spent on unauthorized leave.
Full-Time Employees:
Full-time employees are entitled to paid vacation leave time according to the following schedule; provided, no paid vacation leave time may be taken during the first year of employment. All employees are required to take one consecutive week of vacation each year. This must be scheduled by the last day of February.
Years of Continuous Employment 1 to 10 10 +
Hours Earned Per Year 80 120
Maximum Hours Accumulated 160 240
Other Employees:
Part-time employees who are employed at least 30 hours a week or more shall earn vacation credit at the rate of four hours for each month of employment. Seasonal and temporary employees shall not earn vacation leave.
Scheduling:
Dates for taking vacation leave shall be scheduled in consultation with the employee’s department head. In cases where the requested vacation schedules of two or more employees would adversely affect the efficient operation of the city, vacation leave shall be granted on the basis of seniority of city employment.
Holiday During
Vacation:
City holidays, which occur during the taking of an employee’s authorized vacation leave, will not be counted as a day of vacation.
Minimum Hours:
Employees may use vacation in units of not less than four hours, subject to the approval of their department head.
Termination:
Upon termination, an employee shall be compensated for all earned but unused vacation at their final rate of pay, subject to the maximum hours of accumulation authorized.
Full-time employees, and part-time employees who are employed to work at least 30 hours or more per week, shall be entitled to sick leave with pay for absences resulting from illness, injuries, accidents or other physical incapacity, occurring either on or off the job. No employee shall be permitted to use sick leave for any period spent on unauthorized leave.
Amount of Sick
Leave:
Full-time employees shall earn sick leave at the rate of 8 hours per month. Part-time employees shall earn sick leave at the rate of 4 hours per month. Sick leave will begin accruing at the time of employment. Employees will be eligible to take sick leave after completing the 90-day probationary period for new employees. Sick leave will be applied to employee’s leave as it is earned. In extraordinary cases, the City Administrator can advance employee’s sick time, up to a maximum of 24 hours.
Accumulation of Sick
Leave:
No employee may accrue more than 480 hours of sick leave.
Computing Sick
Leave:
Any absence for a fraction or part of a day, which is chargeable to leave, shall be charged in increments of not less than one hour.
Doctor’s
Certificate:
For sick leave in excess of three workdays, a department head or City Administrator may require a signed statement from a health care provider verifying the employee’s inability to perform his or her assigned duties because of illness.
Notification:
To be eligible for paid sick leave an employee, or his or her representative, shall notify his or her immediate department head and give the reason for the absence no later than the beginning of the first workday for which sick leave is taken.
Abuse of Sick Leave:
An employee who improperly claims sick leave shall be subject to disciplinary action, including loss of pay or dismissal. Sick leave hours may not be used for purposes other than the purposes outlined in this section.
Sick leave is intended for use by the employee in cases of illness, injury, accidents or other physical incapacity or doctor appointments for the employee, employee’s spouse or other dependents.
Upon termination, an employee will not be compensated for any earned but unused sick leave. (No unused sick leave will be paid out at time of separation.)
Except as provided all vacation and sick leave must be authorized in writing by the employee’s department head or City Administrator prior to leave time being taken. A copy of each leave record, including records of sick leave taken, signed by the employee and department head.
An employee who becomes pregnant may claim and receive maternity leave in the same manner as provided for sick leave; provided, however, that the employee may elect to use any accrued vacation leave if, and to the extent, such leave is available. An employee may also take leave without pay in the same manner as any other employee on leave without pay status. Maternity leave with or without pay, following birth, shall not exceed a reasonable period of time. If medical complications related to the pregnancy exist, the employee may, with the approval of the department head or City Administrator, remain on maternity leave until released by the employee’s physician. The provisions of the Family and Medical Leave Act may apply.
In the case of the death of a member of an employee’s immediate family (to include the spouse, children, mother, father, stepmother, stepfather, brother, sister, grandparents or grandchildren of the employee or the employee’s spouse) full-time employees shall be granted funeral leave not to exceed three consecutive working days.
Leave Due to Work Related Injury
The City is committed to meeting its obligation under Kansas Workers’ Compensation Act to provide medical, rehabilitation, and wage-replacement benefits to employees who sustain work-related injuries or illnesses.
Employees must immediately report all injuries or illnesses, regardless of severity, to their department head. Department heads must notify the City Clerk or City Administrator immediately in the case of serious injuries. Department heads also must work with the employee to complete a First Notice of Injury Report, which must be filed with Workers’ Compensation Insurance as soon as possible, but in any case no later than 72 hours after the injury occurs.
Employees cannot use group health plans for injuries or illnesses covered under the Workers’ Compensation Act.
The City works with its workers’ compensation insurer to investigate any suspected fraudulent workers’ compensation claims. The City seeks the prosecution of any employees filing fraudulent claims or engaging in other workers’ compensation fraud.
The City bears the full cost of this program. For more information regarding benefits under this program, contact the City Clerk.
An employee injured on the job shall receive sick leave or vacation leave during the seven day waiting period for workers compensation.
While an employee is receiving workers compensation benefits they shall not accrue vacation or sick leave.
Civil Leave With
Pay:
An employee shall be given necessary time off with pay (1) when performing jury duty, (2) when appearing in court as a witness in answer to a subpoena or as an expert witness when acting in an official capacity in connection with the city, (3) when performing emergency civilian duty in connection with national defense, or (4) for the purpose of voting when the polls are not open at least two hours before or after the employee’s scheduled hours of work.
Civil Leave Without
Pay:
If an employee is involved in a personal lawsuit either as a plaintiff or as defendant in an action not related to his or her duties with the city, the employee may take leave without pay unless he or she elects to use any accumulated vacation leave.
Starting January 1, 2023, the following days will be paid holidays for city employees:
• New Year’s Day: January 1
• Martin Luther King Jr. Day: Third Monday in January
• Friday before Easter
• Memorial Day: Last Monday in May
• Independence Day: July 4
• Labor Day: First Monday in September
• Veteran’s Day: November 11
• Thanksgiving: Fourth Thursday in November
• Day after Thanksgiving
• Christmas: December 25
• Personal Holiday: Determined by employee with supervisor approval
From time-to-time, and for certain special occasions, the Governing Body may by motion designate other days as special holidays on a one-time basis.
• When New Year’s Day, Independence Day or Christmas falls on a Saturday or Sunday, the preceding Friday or following Monday may be declared a holiday by the City Administrator.
• All employees (including police personnel) required to work on a city observed holiday shall be granted an alternative day off, or shall be compensated for eight (8) hours per day.
• Part-time employees shall be paid only for city observed holidays, which fall on days for which they would otherwise have been scheduled to work. The amount of such pay shall be equal to the wages they would have earned for the number of hours they would have been scheduled to work on that day. Seasonal and temporary employees shall not receive paid holidays.
• To be eligible to receive pay for a city holiday, an employee must not have been absent without leave either on the workday before or the workday after the holiday.
Employees may be allowed a rest break of 15 minutes for each four hours of work. The time and location of the rest break, usually mid-morning and mid-afternoon, shall be determined by the employee’s department head, or City Administrator
The City of Hillsboro recognizes and adheres to all applicable state and federal laws regarding leaves for uniformed service to the State of Kansas as well as the United States. Any employee who needs time off for uniformed service is to immediately notify his or her department head and the City Administrator, both of whom will provide a detailed explanation to the employee of his or her reemployment rights under K.S.A. 48-517 (governing members of the Kansas national guard, Kansas air national guard, and the Kansas state guard that are ‘called or ordered to duty’) and 38 U.S.C. 4301 et seq. the Uniformed Services Employment and Reemployment Rights Act (USERRA) covering persons performing duty, voluntarily and/or involuntarily in the U.S. Army, Navy, Marine Corps, Air Force, Coast Guard, Army National Guard, Air National Guard, and Public Health Service commissioned corps.
City of Hillsboro respects the individual beliefs of all employees.
The City may allow an employee to take a vacation day or an unpaid day annually to employees who, for religious reasons, must be away from the office on days of operation. Beyond this, we must reconcile employees’ religious obligations with the requirements of running a business and serving customers. Department heads will authorize schedule changes or additional use of vacation leave or unpaid leave, only when the requested arrangement, in the Department head’s judgment, neither prevents the requesting employee from meeting the requirements of the job nor unfairly burdens other employees.
Any requests for religious accommodation must be submitted in writing to the City Administrator. The request must note what the religious conflict is and offer a suggestion to the City on how to remedy that conflict. The employee will meet with City Administrator to discuss the request and whether it is being approved or denied.
Employees who need time off for religious observances should request leave from their department heads at least two weeks in advance. Time off is granted only with prior approval, but will not be unreasonably withheld.
City of Hillsboro encourages all employees to vote. It is the policy of City of Hillsboro to comply with all state election law requirements with respect to providing employees, when necessary, with time off to vote.
If an employee has four consecutive hours either between the opening of the polls in his or her community and the beginning of the workday or between the end of the workday and the closing of the polls, it will be deemed that the employee has sufficient time outside his or her normal working hours within which to vote.
If an employee has less than four consecutive hours as described above, he or she may take off as much working time as will, when added to his or her available voting time outside normal working hours, enable him or her to vote.
For nonexempt employees, however, not more than two hours of working time taken shall be paid for time off to vote, and such time shall be taken only at the beginning or end of the employee’s workday as designated by his or her department head.
Employees requiring working time off to vote will be required to notify City of Hillsboro that time off to vote will be required not more than 10 or less than two working days before the day of the election.
Time off to vote is paid and does not count against an employee’s accrued paid time off or sick time.
If state law requires a different arrangement, City of Hillsboro will comply with state law. Questions regarding the City’s policy for time off to vote should be directed to City Administrator.
Family and Medical Leave Act (FMLA)
Upon hire, City of Hillsboro provides all new employees with notices required by the
U.S. Department of Labor (DOL) on Employee Rights and Responsibilities under the Family and Medical Act .
If you have any questions, concerns or disputes with this policy, you must contact the City Administrator in writing.
General Provisions
Under this policy, the City will grant up to 12 weeks (or up to 26 weeks of military caregiver leave to care for a covered service member with a serious injury or illness) during a 12-month period to eligible employees. The leave may be paid, unpaid or a combination of paid and unpaid leave, depending on the circumstances of the leave and as specified in this policy.
Eligibility
To qualify to take family or medical leave under this policy, the employee must meet the following conditions:
• The employee must have worked for the city for 12 months or 52 weeks. The 12 months or 52 weeks need not have been consecutive. Separate periods of employment will be counted, provided that the break in service does not exceed seven years. Separate periods of employment will be counted if the break in service exceeds seven years due to National Guard or Reserve military service obligations or when there is a written agreement, including a collective bargaining agreement, stating the employer’s intention to rehire the employee after the service break. For eligibility purposes, an employee will be considered to have been employed for an entire week even if the employee was on the payroll for only part of a week or if the employee is on leave during the week.
• The employee must have worked at least 1,250 hours during the 12-month period immediately before the date when the leave is requested to commence. The principles established under the Fair Labor Standards Act (FLSA) determine the number of hours worked by an employee. The FLSA does not include time spent on paid or unpaid leave as hours worked. Consequently, these hours of leave should not be counted in determining the 1,250 hours eligibility test for an employee under FMLA.
• The employee must work in a work site where 50 or more employees are employed by the city within 75 miles of that office or work site OR work for a government entity.
Type of Leave
Covered
To qualify as FMLA leave under this policy, the employee must be taking leave for one of the reasons listed below:
• The birth of a child and in order to care for that child.
• The placement of a child for adoption or foster care and to care for a newly placed child.
• To care for a spouse, child or parent with a serious health condition (described below).
• The serious health condition (described below) of the employee.
An employee may take leave because of a serious health condition that makes the employee unable to perform the functions of the employee’s position.
A serious health condition is defined as a condition that requires inpatient care at a hospital, hospice or residential medical care facility, including any period of incapacity or any subsequent treatment in connection with such inpatient care or as a condition that requires continuing care by a licensed health care provider.
This policy covers illnesses of a serious and long-term nature, resulting in recurring or lengthy absences. Generally, a chronic or long-term health condition that would result in a period of three consecutive days of incapacity with the first visit to the health care provider within seven days of the onset of the incapacity and a second visit within 30 days of the incapacity would be considered a serious health condition. For chronic conditions requiring periodic health care visits for treatment, such visits must take place at least twice a year.
Employees with questions about what illnesses are covered under this FMLA policy or under the City’s sick leave policy are encouraged to consult with the City Administrator.
If an employee takes paid sick leave for a condition that progresses into a serious health condition and the employee requests unpaid leave as provided under this policy, the City may designate all or some portion of related leave taken as leave under this policy, to the extent that the earlier leave meets the necessary qualifications.
• Qualifying exigency leave for families of members of the National Guard or Reserves or of a regular component of the Armed Forces when the covered military member is on covered active duty or called to covered active duty.
An employee whose spouse, son, daughter or parent has been notified of an impending call or order to covered active military duty or who is already on covered active duty may take up to 12 weeks of leave for reasons related to or affected by the family member’s call-up or service. The qualifying exigency must be one of the following: a) short-notice deployment, b) military events and activities, c) child care and school activities, d) financial and legal arrangements, e) counseling, f) rest and recuperation, g) post- deployment activities, and h) additional activities that arise out of active duty, provided that the employer and employee agree, including agreement on timing and duration of the leave.
Covered active duty
means:
o In the case of a member of a regular component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country.
o In the case of a member of a reserve component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country under a call or order to active duty under a provision of law referred to in Title 10 U.S.C. §101(a)(13)(B).
The leave may commence as soon as the individual receives the call-up notice. (Son or daughter for this type of FMLA leave is defined the same as for child for other types of FMLA leave except that the person does not have to be a minor.) This type of leave would be counted toward the employee’s 12-week maximum of FMLA leave in a 12-month period.
o Military caregiver leave (also known as covered service member leave) to care for an injured or ill service member or veteran.
An employee whose son, daughter, parent or next of kin is a covered service member may take up to 26 weeks in a single 12-month period to take care of leave to care for that service member.
Next of kin is defined as the closest blood relative of the injured or recovering service member.
The term covered service member means:
o A member of the Armed Forces (including a member of the National Guard or Reserves) who is undergoing medical treatment, recuperation or therapy or is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness.
o A veteran who is undergoing medical treatment, recuperation or therapy for a serious injury or illness and who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during the period of five years preceding the date on which the veteran undergoes that medical treatment, recuperation or therapy.
The term serious injury or illness means:
o In the case of a member of the Armed Forces (including a member of the National Guard or Reserves), an injury or illness that was incurred by the member in line of duty on active duty in the Armed Forces (or that existed before the beginning of the member’s active duty and was aggravated by service in line of duty on active duty in the Armed Forces) and that may render the member medically unfit to perform the duties of the member’s office, grade, rank or rating.
o In the case of a veteran who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during a period when the person was a covered service member, a qualifying (as defined by the Secretary of Labor) injury or illness that was incurred by the member in line of duty on an active duty in the Armed Forces (or that existed before the beginning of the member’s active duty and was aggravated by service in line of duty on active duty in the Armed Forces) and that manifested itself before or after the member became a veteran.
Amount of Leave
An eligible employee may take up to 12 weeks for the first five FMLA circumstances above (under heading “Type of Leave Covered”) under this policy during any 12-month period. The city will measure the 12-month period as a rolling 12-month period measured backward from the date an employee uses any leave under this policy. Each time an employee takes leave, the city will compute the amount of leave the employee has taken under this policy in the last 12 months and subtract it from the 12 weeks of available leave, and the balance remaining is the amount of time the employee is entitled to take at that time.
An eligible employee can take up to 26 weeks for the FMLA military caregiver leave circumstance above during a single 12-month period. For this military caregiver leave, the city will measure the 12-month period as a rolling 12-month period measured forward. FMLA leave already taken for other FMLA circumstances will be deducted from the total of 26 weeks available.
If a husband and wife both work for the city and each wishes to take leave for the birth of a child, adoption or placement of a child in foster care, or to care for a parent (but not a parent “in-law”) with a serious health condition, the husband and wife may only take a combined total of 12 weeks of leave. If a husband and wife both work for the city and each wishes to take leave to care for a covered injured or ill service member, the husband and wife may only take a combined total of 26 weeks of leave.
Employee Status and
Benefits During Leave
While an employee is on leave, the city will continue the employee’s health benefits during the leave period at the same level and under the same conditions as if the employee had continued to work.
Employee Status After
Leave
While the employee is on leave, the city will continue the employee’s health benefits during the leave period. If the employee has expended all available paid leave, then the employee will be responsible for paying the full health insurance premium for their level of coverage selected until the employee can return to working, benefit eligible status.
Use of Paid and
Unpaid Leave
All paid vacation, personal and sick leave runs concurrently with FMLA leave.
Disability leave for the birth of a child and for an employee’s serious health condition, including workers’ compensation leave (to the extent that it qualifies), will be designated as FMLA leave and will run concurrently with FMLA.
Intermittent Leave
or a Reduced Work Schedule
The employee may take FMLA leave in 12 consecutive weeks, may use the leave intermittently (take a day periodically when needed over the year) or, under certain circumstances, may use the leave to reduce the workweek or workday, resulting in a reduced-hour schedule. In all cases, the leave may not exceed a total of 12 workweeks (or 26 workweeks to care for an injured or ill service member over a 12-month period).
Certification for
the Employee’s Serious Health Condition
The city will require certification for the employee’s serious health condition. The employee must respond to such a request within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave.
Certification for
the Family Member’s Serious Health Condition
The city will require certification for the family member’s serious health condition. The employee must respond to such a request within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave.
Certification of
Qualifying Exigency for Military Family Leave
The city will require certification of the qualifying exigency for military family leave. The employee must respond to such a request within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave.
Certification for
Serious Injury or Illness of Covered Service Member for Military Family Leave
The city will require certification for the serious injury or illness of the covered service member. The employee must respond to such a request within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave.
Recertification
The city may request recertification for the serious health condition of the employee or the employee’s family member when circumstances have changed significantly, or if the employer receives information casting doubt on the reason given for the absence, or if the employee seeks an extension of his or her leave. Otherwise, the city may request recertification for the serious health condition of the employee or the employee’s family member every six months in connection with an FMLA absence.
Procedure for
Requesting FMLA Leave
All employees requesting FMLA leave must provide the HR manager with verbal or written notice of the need for the leave. Within five business days after the employee has provided this notice, the HR manager will provide the employee with the DOL Notice of Eligibility and Rights.
When the need for the leave is foreseeable, the employee must provide the employer with at least 30 days’ notice. When an employee becomes aware of a need for FMLA leave less than 30 days in advance, the employee must provide notice of the need for the leave either the same day or the next business day. When the need for FMLA leave is not foreseeable, the employee must comply with the city’s usual and customary notice and procedural requirements for requesting leave.
Designation of FMLA Leave
Within five business days after the employee has submitted the appropriate certification form, the City Administrator will provide the employee with a written response to the employee’s request for FMLA leave.
Vacation and Sick
Leave:
Employees on family leave will not accrue any seniority, vacation or sick leave benefits.
Health Insurance
Coverage:
The city will continue to provide health care coverage under the same provisions as prior to the leave. Where the employee fails to return from leave, the city can recover the premium(s) that have been paid on behalf of the employee to maintain health care coverage. If failure to return to work is due to the continuation, recurrence, or onset of a serious health condition beyond the employee’s control, the employee will not be liable for health care premiums paid while on family leave. In such cases, a certification issued by a health care provider may be required.
When employment terminates, the city will pay its portion of health insurance through the last day of the month which the employee works.