2015-10 FPE Collective Bargaining Agreement 01-08-2015 to 09-30-2017RESOLUTION 2015 -10
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
t NORTH PALM BEACH, FLORIDA, APPROVING A COLLECTIVE
BARGAINING AGREEMENT BETWEEN THE VILLAGE AND THE
FEDERATION OF PUBLIC EMPLOYEES AND AUTHORIZING THE
MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT ON
BEHALF OF THE VILLAGE; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the prior Collective Bargaining Agreement between the Village and the Federation
of Public Employees, a Division of the National Federation of Public and Private Employees,
AFL -CIO ( "FPE ") expired on September 30, 2013; and
WHEREAS, the Village and the FPE have negotiated a new Collective Bargaining Agreement
effective upon ratification, and Village Administration recommends Council approval of the new
Collective Bargaining Agreement; and
WHEREAS, the Village Council determines that the approval of the new Collective Bargaining
Agreement is in the best interests of the Village and its residents.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein.
Section 2. The Village Council hereby approves a new Collective Bargaining Agreement
between the Village and the Federation. of Public Employees, a Division of the National
Federation of Public and Private Employees, AFL -CIO, a copy of which is attached hereto and
incorporated herein, and authorizes the Mayor and Village Clerk to execute the Collective
Bargaining Agreement on behalf of the Village. The Agreement shall be effective upon
ratification by both parties and shall expire on September 30, 2017.
Section 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed to
the extent of such conflict.
Section 4. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS 8TH DAY OF JANUARY, 2015.
(Village Seal)
ATTEST:
VILLAGE CLERK
Lov� P �_
MAYOR
AGREEMENT
BETWEEN
THE VILLAGE OF NORTH PALM BEACH
AND
FEDERATION OF PUBLIC EMPLOYEES,
A DIVISION OF THE NATIONAL FEDERATION OF PUBLIC AND PRIVATE
EMPLOYEES, AFL -CIO
From Ratification to September 30, 2017
Table of Contents
ARTICLE1 — PREAMBLE ............................................................................ ............................... 5
ARTICLE2 — RECOGNITION ...................................................................... ............................... 6
ARTICLE 3 — NON - DISCRIMINATION ...................................................... ............................... 7
ARTICLE 4 — MANAGEMENT RIGHTS ..................................................... ............................... 8
ARTICLE 5 — VEHICLES, EQUIPMENT, SAFETY, HEALTH AND COOPERATION .......... 9
ARTICLE 6 — GRIEVANCE PROCEDURE ARBITRATION .................... ............................... 10
ARTICLE 7 — DISCIPLINARY APPEALS .................................................. ............................... 13
ARTICLE 8 - FITNESS FOR DUTY ............................................................ ............................... 15
ARTICLE 9 — FAMILY MEDICAL LEAVE ............................................... ............................... 16
ARTICLE 10 — DUES DEDUCTION .........:................................................. ............................... 17
ARTICLE 11 — MILITARY LEAVE ............................................................ ............................... 18
ARTICLE 12 — PAID VACATION .............................................................. ............................... 19
ARTICLE 13- INSURANCE BENEFITS ..................................................... ............................... 21
ARTICLE 14 — WORKERS COMPENSATION .......................................... ............................... 22
ARTICLE 15 — SENIORITY, SUBCONTRACTING, AND LAYOFF ....... ............................... 23
ARTICLE 16 — TOOL REPLACEMENT ..................................................... ............................... 24
ARTICLE17 — SICK LEAVE ...................................................................... ............................... 25
ARTICLE 18 — LEGAL BENEFITS ............................................................. ............................... 27
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ARTICLE 19
— DRUG AND ALCOHOL TESTING ................................... ............................... 28
ARTICLE 20
— HOLIDAYS ......................................................................... ...............................
30
ARTICLE 21
— BEREAVEMENT LEAVE .................................................. ...............................
31
ARTICLE 23
— PREVAILING RIGHTS ...................................................... ...............................
34
ARTICLE 24
— SEVERABILITY CLAUSE ................................................ ...............................
35
ARTICLE25
—NO STRIKE ......................................................................... ...............................
36
ARTICLE 26
— CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES..
37
ARTICLE27
— TARDINESS ........................................................................ ...............................
38
ARTICLE28
— PROBATION ........................................................................ ...............................
39
ARTICLE 29
— FEDERATION RIGHTS AND PRIVILEGES ................... ...............................
40
ARTICLE 30
— WORK ASSIGNMENTS .................................................... ...............................
42
ARTICLE 31
— OFF -DUTY EMPLOYMENT ............................................. ...............................
43
ARTICLE 32
— POLITICAL ACTIVITY AND VOTING ........................... ...............................
44
ARTICLE 33
— EDUCATION AND TRAINING ........................................ ...............................
45
ARTICLE 34 —
PENSION PLAN ................................................................. ...............................
46
ARTICLE 35 —
WAGES ............................................................................... ...............................
47
ARTICLE 36 —
MISCELLANEOUS ............................................................ ...............................
49
ARTICLE 37 —
CALL- BACK/EMERGENCY COMPENSATION ............ ...............................
50
ARTICLE 38 —
CERTIFICATION INCENTIVE ......................................... ...............................
51
ARTICLE 39 —
TERM OF AGREEMENT ................................................... ...............................
52
APPROVAL..................................................................................................
...............................
53
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ARTICLE 1— PREAMBLE
This Agreement is entered into by the VILLAGE OF NORTH PALM BEACH, State of Florida,
hereinafter referred to as the "VILLAGE ", and the FEDERATION OF PUBLIC EMPLOYEES,
A DIVISION OF THE NATIONAL FEDERATION OF PUBLIC AND PRIVATE
EMPLOYEES, AFL -CIO, — hereinafter referred to as "FEDERATION ", for the purpose of
promoting harmonious relations between the VILLAGE and the FEDERATION, to establish an
orderly and peaceful procedure, to settle differences which might arise and to set forth the basic
and full Agreement between the parties concerning wages, benefits, and other conditions of
employment as provided by law.
All reference to VILLAGE means the VILLAGE of North Palm Beach
All reference to VILLAGE Manager means the VILLAGE Manager or his designee.
All reference to day means calendar day, unless otherwise specified in this agreement.
All reference to member(s) means dues paying bargaining unit member(s)
All reference to employee(s) means bargaining unit member(s) regardless of dues paying status.
All reference to business day (s) means Monday through Friday excluding holidays in all articles
in this agreement.
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ARTICLE 2 — RECOGNITION
Section 1: The VILLAGE hereby recognizes the FEDERATION as the exclusive bargaining
representative for all regular full -time paid Employees in the unit certified by the Public
Employees Relations Commission Number 1537, case number EL- 2004 -067, dated February 4,
2005.
Section 2. FEDERATION recognizes the VILLAGE Council as the elected representatives
of the citizens of the VILLAGE of North Palm Beach and the legally constituted authority
responsible for the determining the purpose, mission and operations of the VILLAGE.
Section 3. FEDERATION recognizes the VILLAGE Manager as the Chief Executive
Officer of the VILLAGE responsible for administration of the VILLAGE and the employee
workforce.
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ARTICLE 3 — NON - DISCRIMINATION
Section 1. The VILLAGE and the FEDERATION agree that all articles of this Agreement
shall be applied to all employees covered by it and that the VILLAGE and the FEDERATION
affirm their joint opposition to any discriminatory practice in connection with employment,
promotion, or training, remembering that the public law and public interest require no
discrimination on account of race, color, creed, disability, national origin, age, sex, or religion.
Employees have an affirmative duty to report conduct that has the appearance of being
discriminatory.
Section 2 Employees shall have the right to join the FEDERATION, to engage in lawful
union activities for the purpose of collective bargaining, to express and communicate any view,
grievance, complaint or opinion, within the bounds of good taste, relative to conditions or
compensation of public employment or its betterments, all free of any restraint, coercion,
intimidation or reprisal against any covered employee or that person's membership or lack of
membership in the FEDERATION, as long as such activity is done outside of the employee's
work time.
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ARTICLE 4 — MANAGEMENT RIGHTS
Section 1. Except as otherwise limited by a provision of this Agreement, the VILLAGE
reserves and retains exclusively all of its responsibilities and authorities to operate and manage
its affairs. The rights of the VILLAGE through its management officials, shall include, but not
be limited to, the following:
A. To manage and direct the Employees of the VILLAGE.
B. To hire, promote, transfer, schedule, assign and retain employees in positions with
the VILLAGE.
C. To suspend, demote, discharge or take other disciplinary action against
Employees for just cause.
D. To relieve Employees from duties because of lack of work, funds or other
legitimate reasons.
E. To maintain the efficiency of the operations of the VILLAGE.
F. To determine the methods, means and personnel by which such operations are to
be conducted.
G. To determine the organization of VILLAGE government.
H. To determine the number of Employees to be employed by the VILLAGE.
I. To determine the number, types and grades of positions or Employees assigned to
an organization unit, department or project.
J. To determine internal security practices
Section 2. If, in the discretion of the VILLAGE Manager or designee, it is determined that a
civil emergency condition exists, including, but not limited to, riots, civil disorders, hurricane
conditions or other catastrophes, the provisions of the Agreement may be suspended by the
VILLAGE Manager or designee, during the time of the declared emergency, provided that wage
rates and monetary fringe benefits shall not be suspended.
Section 3. Delivery of municipal services in the most efficient, effective and courteous
manner is of paramount importance to the VILLAGE of North Palm Beach and FEDERATION
accordingly, FEDERATION agrees that it will ask its members to work diligently in order that
the services performed meet the above standards.
Section 4. FEDERATION does not waive, and retains the right, to request impact bargaining
when appropriate. A request for impact bargaining shall be in writing delivered to the
VILLAGE Manager, shall identify negotiable effects upon employees' terms and conditions of
employment, and shall list the Articles of this Agreement which the FEDERATION requests be
opened for impact bargaining. Conversely, the VILLAGE does not waive any management right
provided to it in Chapter 447, Florida Statutes.
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ARTICLE 5 — VEHICLES, EQUIPMENT, SAFETY, HEALTH AND COOPERATION
Section 1. Both parties agree that it is to their mutual interest and to the best interests of both
the Employer and the Employees if working conditions in the VILLAGE are both safe and
sanitary. Additionally, both parties recognize the need to develop a safe work force. To this end
the FEDERATION agrees to report to the Employer any unsafe conditions existing in the
VILLAGE at any time during the term of this Agreement and the FEDERATION further agrees
to cooperate with the Employer in the Employer's efforts to rectify any such situation.
Section Z Any dangerous situation is to be reported immediately to the foreman. All
accidents are to be reported immediately to the foreman. Job - related accidents are to be covered
by Worker's Compensation Insurance.
Section 3. Use of Private automobile — In the event an employee (if authorized and directed
in advance) uses his own automobile for the performance of official duties on behalf of the
VILLAGE, the employee will be compensated at the rate established by the VILLAGE for all
VILLAGE employees.
Section 4. Any Employee who abuses assigned vehicles(s) or equipment shall be subject to
disciplinary action up to and including discharge.
Section S. Department heads will determine the proper and necessary safety equipment and
devices for Employees engaged in work where such special equipment and devices must be used.
Failure by Employees to utilize provided equipment or devices will be subject to disciplinary
action. Equipment will be provided when needed to facilitate the handling of large trash
requirements as determined by management.
Section 6. In the event that the FEDERATION has any concern regarding workplace safety,
the FEDERATION may request, twice per year, a meeting with the VILLAGE to discuss such
concern. A meeting shall be held within a reasonable time of the request.
Section 7. Once an employee reports any faulty or unsafe equipment/vehicles to his/her
supervisor and the employee is instructed to use the same equipment /vehicle without being
repaired or replaced, the employee shall not receive discipline related to an accident where the
same vehicle /equipment was found to be the cause of the accident or incident.
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ARTICLE 6 — GRIEVANCE PROCEDURE ARBITRATION
Section 1. A grievance is defined as, and is limited to, any dispute involving the
interpretation or application of this Agreement. A dispute over disciplinary action is not a
grievance, but is considered an appeal of disciplinary action and shall be processed as set forth in
Article 7.
Section 2. For the purpose of this Article any grievance not submitted in accordance with the
time limits provided below shall be considered exclusively abandoned and shall be barred,
forfeited and forever foreclosed for all contractual purposes and shall result in the forfeiture of
all rights to arbitration. Any grievance not answered or processed by the VILLAGE within the
time limits provided below shall advance the grievance to the next step in the process.
Section 3. In the event an employee covered by this Agreement believes that there is a basis
for a grievance, as that term is defined above, the employee shall first discuss the alleged
grievance with the FEDERATION. If the FEDERATION determines that the issue warrants a
formal grievance, the FEDERATION may file a formal written grievance using the
FEDERATION's grievance form. The form shall be filed with the VILLAGE Manager within
twenty (20) days of the act or omission which gives rise to the grievance or from the date the
employee first knew or should have known of the event leading to the grievance. The form may
have a provision which allows the FEDERATION, at its option to request a meeting with the
VILLAGE Manager or the FEDERATION may request the meeting by other writing. The
VILLAGE Manager shall forward a copy of the grievance form to the Department Head. The
VILLAGE Manager shall meet with the FEDERATION to discuss the grievance if the
FEDERATION has elected to request a meeting. Within twenty (20) days after the date of
receipt of the grievance or of the meeting with the FEDERATION, if one was requested, the
VILLAGE Manager will respond to the FEDERATION in writing or by email.
Section 4. If the FEDERATION is not satisfied with the response from the VILLAGE
Manager, the FEDERATION may submit the grievance to arbitration filing a request for a seven
(7) name arbitration panel to the Federal Mediation and Conciliation Service. The submission
must be made within thirty (30) business days (days the VILLAGE Clerk's Office is open to the
public for business) of the date of the VILLAGE Manager's letter and email to the
FEDERATION, as evidenced by actual filing with the Federal Mediation and Conciliation
Service. The parties shall select an arbitrator by each striking three (3) names in alternating
fashion, until the parties select an arbitrator. The party striking first shall be determined by the
toss of a coin. The selection process shall occur within thirty (30) days of receipt of the panel list.
Section S. The time limits contained herein are to be strictly adhered to and may only be
extended by written agreement (including email requests coupled with a written affirmation)
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between the parties. No consent to extension shall be implied by the conduct of the parties in the
absence of a written or email agreement.
Section 6. The arbitrator will determine the statement of the grievance, provided, however, that
the arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter
or supplement this Agreement or any part thereof or amendment thereto. The arbitrator shall
have no authority to consider or rule upon any matter which is stated in this Agreement not to be
subject to arbitration or which is not a grievance as defined in this Article, except to the extent as
specifically provided herein or expressly agreed to by the parties.
Section 7. The arbitrator may not issue declaratory opinions and shall confine himself
exclusively to the question(s) presented to him, which question(s) must be actual and existing.
Section 8. Each party shall bear the expense of its own witnesses and of its own
representatives for the purposes of the arbitration hearing. The impartial arbitrator's fee and
related expenses and expenses of obtaining a hearing room, if any, shall be equally divided
between the parties. Any person desiring a transcript of the hearing shall bear the cost of such
transcript unless both parties mutually agree to share such costs.
Section 9. The arbitrator's award shall be final and binding on the parties.
Section 10. The FEDERATION will not be required to process the grievance of non-
members. Only the FEDERATION can advance a grievance to arbitration for one of its
members. Members may not advance a grievance to arbitration on their own.
Section 11. The parties agree that the settlement of any grievance by the parties prior to a
decision by an arbitrator shall have precedential value unless the parties agree otherwise, in
which case their settlement shall state.
Section 12. When arbitrability is raised by the VILLAGE with respect to any grievance, the
issue of arbitrability shall be determined by the arbitrator no less than thirty (30) days prior to
commencement of arbitration hearing on the grievance itself.
If the VILLAGE does not agree that the matter is arbitrable, notification shall be sent to the
FEDERATION of such within ten (10) days of receipt of the FEDERATION'S request to
proceed to arbitration. The parties agree that in such an instance, the VILLAGE may submit
solely the question of arbitrability either to an arbitrator or to a court. If the arbitrability issue is
submitted to an arbitrator, the decision shall be based solely on written briefs, exhibits and
affidavits submitted by the parties, with no oral argument allowed; and shall be submitted to the
arbitrator within ten (10) days of selection of the arbitrator. The arbitrator shall render the
decision on arbitrability within fifteen (15) days of receipt of the parties' submissions.
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Whichever party loses on the issue of arbitrability shall pay the arbitrator's costs involved in that
portion of the proceeding.
Section 13. If there is no objection by either parry to the arbitrability of the grievance, and the
above mentioned procedure has been fully complied with or results in a determination that the
grievance is arbitrable, the parties shall proceed to arbitrate the grievance.
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ARTICLE 7 — DISCIPLINARY APPEALS
Appeals of disciplinary action shall be handled as follows:
Section 1. An employee, who wishes to challenge any disciplinary action, shall file a notice
of appeal to his/her department head. When an employee has received a written counseling, the
employee's appeal is limited to submitting a written rebuttal which shall be attached to the
written counseling documents in the employee's personnel file. The written rebuttal shall be
submitted by the employee within ten (10) days of the employee's receipt of the written
counseling.
Section 2 The FEDERATION may file an appeal of discipline on behalf of its members.
Upon receipt of a notice of appeal for all discipline other than a written counseling, the
department head shall have ten (10) days to review the discipline and to advise the
FEDERATION that the discipline is either (i) sustained; (ii) reversed; or (iii) modified. Failure
of the department head to respond within ten (10) days shall constitute a determination that the
discipline is sustained.
Section 3. If the FEDERATION is not satisfied with the department head's decision,
FEDERATION can further appeal a discipline to the VILLAGE Manager. Upon receipt of a
notice of appeal, the VILLAGE Manager shall have ten (10) days to review the discipline and to
advise the FEDERATION that the discipline is either (i) sustained; (ii) reversed; or (iii)
modified. Failure of the VILLAGE Manager to respond within ten (10) days shall constitute a
determination that the discipline is sustained. The decision of the VILLAGE Manager shall be
final unless appealed as hereinafter set forth.
Section 4. The FEDERATION can appeal the VILLAGE Manager's decision on a
suspension of sixteen (16) hours or more without pay, to arbitration using the same procedure for
appointment of an arbitrator as set forth in Article 6 above. The arbitrator may sustain, reverse,
or modify the discipline, which was set by the VILLAGE Manager. The decision of the arbitrator
is final and binding on the parties.
Section S. No employee shall be subject to discipline of any type without cause. No
employee shall be subject to a suspension without pay or a termination without first being
afforded a pre - determination conference with the VILLAGE Manager or his/her designee. No
pre - determination conference shall be conducted with less than three (3) days notice to the
employees.
Section 6. The parties agree that the seven elements of a just cause discipline are:
A. There is a reasonable rule, order, or a standard of conduct related to the orderly, efficient
and safe operation of VILLAGE business which has been violated. Some standards of
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conduct, such as the prohibition of fighting on the job, are so obvious as to not require a
written rule.
B. The VILLAGE either gave notice that violation of the rule or order would result in
discipline or the conduct which is in violation of the rule or order is so obviously
inappropriate that no warning is necessary. (Examples: consuming alcohol on the job or
the need for an employee to perform safety inspections of the equipment they use.
C. An investigation of the alleged violation.
D. The investigation is fair and objective.
E. The investigation uncovers proof or evidence of the violation.
F. The rule or order is equally applied and without discrimination.
G. The degree of penalty is reasonably related to the seriousness of the violation.
Section 7. In every disciplinary appeal the Federation must identify the element of a just
cause discipline which the Federation asserts has not been met and a brief explanation of why the
element has not been satisfied.
Section 8. Progressive Discipline
Progressive discipline action will be administered in most cases, subject to the specific facts of
the employee act or omission under review. Notwithstanding this general recognition of the
principles and benefits of progressive discipline, the VILLAGE may deviate from progressive
discipline when the VILLAGE Manager determines that the interest of the VILLAGE operations
and /or public confidence warrants more serious discipline.
The following are the general progressive steps of discipline:
Verbal Warning
Written Warning
Suspension
Termination.
The first two steps (Verbal Warning and Written Warning) are intended as corrective and
instructive steps and not punitive, but can be used to in the context of establishing the first two
elements (Section 6 A and B above) of just cause discipline. Steps may be skipped when
circumstances warrant more rapid progression. In determining the appropriate level of discipline,
past disciplinary action must be taken into consideration. In the consideration of past discipline
these general rules apply:
• the older a discipline is, the less weight it will have;
• several disciplines over a short period of time have greater weight than a few disciplines
over an extended period of time.
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ARTICLE 8 - FITNESS FOR DUTY
An employee is expected to perform essential job functions in a safe and effective manner, and
to discuss with his/her supervisor any circumstances that may impact his/her ability to do so. The
VILLAGE may require professional evaluation of an employee's physical, emotional or mental
capacities to determine his or her ability to perform essential job functions. Such evaluations are
conducted by an independent, licensed health care professional. To the extent allowed by law,
the VILLAGE will protect the confidentiality of the evaluation and the results.
Employees who have the responsibility for on -call shifts must meet the fitness for duty standard
during the entire on -call period.
Non - compliance with a request for a fitness for duty evaluation shall be cause for disciplinary
action.
The employee's satisfactory work performance is the basis for continued employment.
Participation in a treatment or rehabilitation program does not guarantee continued employment
and may not necessarily prevent disciplinary action for violation of VILLAGE policies. An
employee must comply with all treatment recommendations resulting from a fitness for duty
evaluation to be allowed to return to work. During this time, applicable sick leave policies shall
apply. An employee referred for an evaluation will be prohibited from working or appearing for
work until an evaluation is completed and the employee has been approved to return to work.
Sick and vacation time may be used by the employee when available. When available leave time
is exhausted, the employee will be on unpaid leave.
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ARTICLE 9 — FAMILY MEDICAL LEAVE
The rights and benefits regarding family medical leave are as set forth in the VILLAGE Leave
Policy attached as Appendix A).
The VILLAGE may require an employee who is returning to work following family medical
leave taken for the employee's own serious medical condition to submit to a fitness for duty
evaluation conducted by a VILLAGE appointed doctor. The evaluation shall be job - related,
limited to the particular health condition that caused the employee's need for leave, and shall be
paid for by the VILLAGE. The VILLAGE shall not delay the return for work (provided the
employee has already provided his/her own doctor's certification of fitness) while the
VILLAGE'S evaluation is pending.
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ARTICLE 10 — DUES DEDUCTION
Section 1. Employees covered by this Agreement may authorize payroll deductions for the
purposes of paying dues. Requests for same must be in writing on a form clearly indicating that
the member wishes to have FEDERATION dues deducted from his paycheck. No authorization
shall be allowed for payment of initiation fees, special assessments, fines, penalties or delinquent
dues.
Section Z FEDERATION will notify the Human Resources Director as to the amount of
dues. This notice must state the computed formula for each individual member. Such notification
will be certified to the Finance Director in writing over the signature of an authorized office of
FEDERATION at least thirty (30) days in advance of the effective date. Changes in membership
dues will be similarly certified to the Finance Director and shall be done at least thirty (30) days
in advance of the effective date of such change.
Section 3. FEDERATION will indemnify, defend, and hold harmless the VILLAGE against
any and all claims, demands, or suits or other forms of liability that shall, out of, or by reason of
action taken or not taken by the VILLAGE on account of payroll deductions of FEDERATION
dues FEDERATION agrees that in case of overpayment, proper adjustment, if any, will be made
by FEDERATION to the affected employee.
Section 4. Dues deductions shall occur in each pay period and shall be remitted to the
FEDERATION monthly, no later than the 156' day of the month following deduction.
Section S. The payroll deduction shall be revocable by the employee by providing thirty (30)
days written notice to both FEDERATION and the VILLAGE Manager.
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ARTICLE 11— MILITARY LEAVE
The rights and benefits regarding military leave are as set forth in the VILLAGE Leave Policy
attached as Appendix A).
Any changes or amendments mandated by Federal or State law shall be incorporated as part of
this article without negotiation.
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ARTICLE 12 — PAID VACATION
Section 1. Vacation days accrue, but may not be taken during the first 180 days of
employment. All personnel who have completed their first 180 days of full -time employment
shall be entitled to take vacation with pay in accordance with the following accrual schedule:
0 but less than 5 years 10 days (80 hours) per year
5 but less than 10 years 15 days (120 hours) per year
Over 10 years 20 days (160 hours) per year
Section 2. Bargaining unit members hired prior to the date of ratification may take vacation
after ninety (90) days of employment.
Section 3. All employees shall select, once annually in January, vacations. Initial selection
of vacations will be by seniority within a division. If an employee chooses to change the vacation
selection, he must then wait until the vacation list passes through all other remaining members of
the division, at which time he or she shall then be eligible to change the selection, but is limited
to open dates..
Section 4. In the event a paid holiday should occur during an employee's vacation period,
the employee's vacation time shall not be credited against the paid holiday. An employee shall
not lose accrued vacation leave if incapacitated due to an injury or illness incurred in the line of
duty. Bargaining unit employees may not take vacation for more than two (2) consecutive weeks
without the Department Heads approval. Vacation time periods not bid for shall only be by
Department Head or Supervisor approval and a seventy -two (72) hour (three days) notice, which
shall not be unreasonably withheld. Vacation time may not be substituted for sick time days
except for use with FMLA.
Section S. Vacation time shall be credited and reported per pay period to indicate hours
accrued, less hours taken, reflecting net vacation hours available per pay period.
Section 6. The maximum number of vacation days an employee may accrue is 1 %2 years
accrued vacation based on the above accrual schedule (i.e. 120, 180, or 240 hours). Any
employee (other than an employee who is discharged for cause or does not resign in good
standing) who voluntarily terminates, retires, is laid off, or dies while employed by the
VILLAGE shall receive payment equal to 100% of the unused days of vacation accrued during
the one and a half (1 1/2) year period prior to termination, retirement, or death. If any employee
dies and has accrued vacation time, the accrual shall be paid to the employee's estate, or in the
event no estate is pending, to the person who would be entitled to the disbursement pursuant to
statutory rules of intestate succession.
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Section 7 An employee may not use vacation time to offset a loss of pay resulting from an
absence.
Section 8. Leave without pay may not be utilized to supplement vacation leave without prior
VILLAGE Manager approval. Employees may only schedule vacation leave time corresponding
to their available accrued leave time.
Section 9. There are no past practices that prohibit just cause discipline for absences that are
not approved.
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ARTICLE 13- INSURANCE BENEFITS
Section 1. The VILLAGE will provide health and dental insurance to employees and their
dependents under the VILLAGE health and dental program at the same levels of benefit and
rates established by the VILLAGE Council for non - bargaining unit employees of the VILLAGE.
Section 2. In the event the VILLAGE agrees to provide more beneficial coverage or rates to
any other bargaining unit in the VILLAGE, the more. beneficial coverage and rates will be
provided to employees covered by this CBA.
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ARTICLE 14 — WORKERS COMPENSATION
Section 1. The VILLAGE agrees to abide by Chapter 440, Florida Statutes with respect to
the provision of worker's compensation benefits.
Section 2. The VILLAGE will not discriminate nor retaliate any employee attempting to
exercise his rights under that statute.
Section 3. In the event an employee is on workers' compensation, the employee, at his or her
discretion, may elect to supplement his or her net income by using any accrued unused paid
vacation or sick leave in hourly increments for purposes of bringing the employee's workers'
compensation income up to the employee's net income received prior to his or her injury. This
supplement applies only to vacation and/or sick leave accrued and unused prior to the workers'
compensation injury and in no event shall an employee be entitled to supplement his workers'
compensation income to receive more than his net income received prior to his or her injury. An
employee on worker's compensation leave is not eligible for holiday pay.
Section 4 Employees who are cleared by their doctor to perform light duty shall be assigned
light duty, but the VILLAGE is under no obligation to create a light duty assignment. Light duty
is not available for employees on non - workers compensation leave.
Section 5. An employee on worker's compensation leave shall contact the Human Resources
Department once weekly to advise the Department of the employee's injury status.
0,
Page 22 of 53
ARTICLE 15 — SENIORITY, SUBCONTRACTING, AND LAYOFF
Section 1. Seniority shall be defined as the total length of continuous service in the
VILLAGE of North Palm Beach. Seniority shall continue to accrue during all types of
compensable leave, approved by the VILLAGE.
Section Z Employees shall lose their seniority as a result of the following:
A. Termination
B. Retirement
C. Voluntary resignation
D. Involuntary layoff exceeding twelve (12) months
E. Unexcused absence for more than three (3) days.
F. Failure to report to the VILLAGE Manager or designee intention of returning to
work, within five (5) days of receipt of recall, as verified by certified mail, return
receipt.
G. Failure to report from military leave within the time limits prescribed by law.
H. Failure to return from an authorized leave of absence upon the expiration of such
leave.
Section 3. Layoffs of regular full -time Employees shall be based on overall seniority with
the least senior Employees in the classification and department being laid off first.
Section 4. If the position from which the most senior person was laid off reopens during
twelve (12) months from the date of layoff, that laid off Employee shall have the right to fill that
position. Probationary Employees shall have no recall rights.
Section S. Recall will be offered to laid off Employees, other than those Employees who
were on probationary status at the time of layoff, provided they are qualified and able to perform
all of the duties of the job, as provided by Federal or State Statutes. When the Employees are
recalled from layoff, the Employee with the greatest seniority in that classification shall be
recalled first.
Page 23 of 53
ARTICLE 16 — TOOL REPLACEMENT
Section 1. Employees who are authorized in writing by their department heads to furnish
their own tools in order to perform their job shall continue to do so for the duration of the
Agreement. In the event an employee's tool is broken or damaged to the extent of being
inoperable for its intended purpose, while the employee was engaged in his normal course of
duties, the VILLAGE will reimburse the employee for the replacement cost (minus depreciating
normal wear and tear of the life of the tool) of the same tool or a less expensive alternative, at the
employer's option, upon submission of a receipt to the VILLAGE. The VILLAGE may take all
reasonable steps to verify how the tool became damaged, to confirm replacement costs.
Section 2. Per Section 1 above, the maximum amount reimbursable for any one tool is
limited to one hundred dollars ($100) per tool, per year, with a combined total reimbursement for
employee per year limited to five hundred dollars ($500.00).
Page 24 of 53
ARTICLE 17 — SICK LEAVE
Section 1. Sick leave days accrue at a rate of one day of sick leave for each month of
continuous service, with no maximum, but shall not be taken during the first ninety days of
employment. Employees taking sick leave shall be compensated at their straight time hourly rate
of pay for the time off work. Sick leave shall continue to accrue during periods of authorized
absence on which the employee is in active pay status. An employee may accrue an unlimited
number of sick days for uses in the event he or she is sick Any employee, except employees who
are discharged for cause or who do not resign in good standing, who voluntarily terminates,
retires, is laid off, or who dies while employed by the VILLAGE, shall receive a payment equal
to fifty percent (50 %) of the unused accrued sick leave days, not to exceed thirty (30) days total.
Section Z Accrued sick leave may be used when the employee is absent from work due to
any of the following reasons:
1. An employee's injury or illness or medical treatment which precludes him or her from
reporting to duty;
2. Any injury, illness, or medical treatment of an employee's immediate family member
who resides in the employee's home which requires the employee's help to care for him
or her or obtain the necessary medical treatment.
All sick leave shall be charged against the Employees' bank of accrued sick leave.
Section 3. An employee who is unable to report to work shall notify the immediate
supervisor no later than the scheduled reporting time. This notification procedure shall be
followed for each day the employee is unable to report to work unless prior approval is given.
Failure to provide this notification may be cause for disciplinary action. The VILLAGE may
require the employee to provide a doctor's note indicating that the employee is unable to work
due to illness.
Section 4. Since it may become necessary for an Employee to leave his or her residence
during an absence, the VILLAGE agrees that no disciplinary action shall be taken in the event
the Employee cannot be reached at home unless it can be shown that the Employee's absence
from home was not related to their illness. Management may under such circumstances require
the Employee to explain why he or she left their residence.
Section 5. Abuse of sick leave, or a false claim for sick leave, shall be considered sufficient
cause for appropriate disciplinary action. Abuse of sick leave shall include, but not be limited to,
an Employee taking sick leave as it is earned or establishing a pattern of taking days off without
any medical basis or repetitively taking days off to extend weekends, holidays and previously
requested vacation days.
1.�4
Page 25 of 53
Section 6. Failure on the part of the Employee to comply with the above requirements shall
result in the denial of sick leave.
Section 7. An employee who does not use sick leave for a continuous period of six (6)
months will earn a sick leave incentive payout of eight (8) hours of annual leave which shall be
noted on the employee's paycheck.
4
Page 26 of 53
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ARTICLE 18 — LEGAL BENEFITS
The VILLAGE will provide a defense to an employee in which the employee, action in the
course and scope of employment, is named as a defendant as provided in and with the limitations
set forth in Florida Statute s. 111.07.
Page 27 of 53
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ARTICLE 19 — DRUG AND ALCOHOL TESTING
Section 1. The VILLAGE has adopted a Policy and Procedure and may revise its drug free
workplace policy which is applicable to all bargaining unit employees.
Section 2. The use, possession or sale by an employee or illegal drugs while on VILLAGE
premises or during the employee's working hours may be grounds for discipline up to and
including discharge. An employee who is found to be under the influence of alcohol or illegal
drugs while on VILLAGE premises or, during the employee's working hours shall be relieved of
duty. An employee who is found to be under the influence of alcohol or illegal drugs while on
VILLAGE premises or during the employee's working hours shall be disciplined up to and
including being discharged. For purposes of this policy "illegal drugs" are defined as those
substances controlled by the United States Drug Enforcement Administration.
Section 3. An employee may confidentially report the use of prescription or non - prescription
medication. Employees are required to submit the VILLAGE's form for reporting the uses of
prescription and non - prescription medication (see Appendix A of this agreement)
Section 4. The VILLAGE will have the right to search an employee and the employee's
possessions on VILLAGE premises or during the employee's working hours only when there is
reasonable suspicion to believe the employee is under the influence or in possession of alcohol or
illegal drugs. No search or test shall be ordered without the approval of a department head and
concurrence of the Human Recourses Director or VILLAGE Manager.
Section S. No such search or test shall begin until the member has been offered the right to
have a FEDERATION representative present and to confer in private with that representative.
The presence of representation does not negate and shall not delay for more than one hour the
VILLAGE's right to search or test. If a representative is not available within one hour, the
VILLAGE shall arrange for the presence of a law enforcement officer who shall act as an
additional witness.
Section 6. The VILLAGE will have the right to require an employee to submit to appropriate
random, post- accident, or reasonable suspicion drug and alcohol tests during the employee's
working hours in accordance with local, State and Federal laws. Employees in the following
positions are subject to random testing: Grounds Maintenance Worker, Street Maintenance
Worker, Equipment Operator, Senior Irrigation Technician, Sanitation Driver /Operator,
Mechanic, Trades Mechanic, Recreation Supervisor, Building Construction Inspector, and Senior
Building Construction Inspector.
Employees are subject to drug testing if they are injured on the job, or involved in an accident
while on duty and operating a vehicle or motorized equipment.
Page 28 of 53
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Section 7 Refusal by the employee to submit to such searches or tests upon the VILLAGE's
request when there is probable cause to believe the employee is under the influence or in
possession of alcohol or illegal drugs shall result in termination of employment. Submission to
tests does not constitute a waiver of the employees' right to challenge both the order and the
result of the test. The rule "obey first, grieve later" is applicable.
Section 8. In the event an employee voluntarily requests alcohol or drug rehabilitation
assistance the VILLAGE will refer the employee to a VILLAGE sponsored Employee
Assistance Program (EAP). Should an employee require time away from the workplace for
rehabilitation purposes and does not have enough sick leave and /or vacation leave to cover the
absence, the absence will be treated as leave without pay, but the employee shall be entitled to
use all forms of accrued paid leave, including sick leave, should he /she so choose.
Section 9. Refusal of the employee to continue with such rehabilitation treatment after return
for work may be grounds for discipline up to and including discharge. Any subsequent
occurrences may result in immediate discharge.
Section 10. All drug testing performed by the VILLAGE shall be in conformity with the
testing procedures outlined in Florida's Workers' Compensation statutes and corresponding
Administrative Code regulations.
Page 29 of 53
ARTICLE 20 — HOLIDAYS
Section 1. The following shall be considered paid holidays for regular, full -time Employees
covered by this Agreement_
1. New Year's Day
2. Martin Luther King Day
3. Presidents Day
4. Memorial Day
5. Independence Day
6. Labor Day
7. Veterans' Day
8. Thanksgiving Day
9. Friday following Thanksgiving Day
10. Christmas Eve Day
11. Christmas Day
Section 2. Employees required to work on any of the above listed holidays shall be
compensated at a premium rate of two and one -half (2 1 /2) times their regular base pay for the
actual hours worked. Task workers who work a holiday will be paid eight (8) hours of holiday
pay at a straight time rate plus time and one -half pay for each hour actually worked. Hours
actually worked on a holiday by a task worker does not count for overtime purposes as
previously provided in Article 22, Section 1.
Example: A task worker who actually works four (4) hours on a holiday will be paid for
fourteen (14) hours.
Section 3. Employees must be in paid status, excluding sick leave, the day before and day
after the holiday in order to be paid for the holiday. An employee on workers compensation
leave is not in paid status.
Section 4. If a holiday falls on a Saturday, the previous Friday shall be designated as the
official holiday and if the holiday falls on a Sunday, the following Monday shall be designated as
the official holiday.
Page 30 of 53
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ARTICLE 21— BEREAVEMENT LEAVE
Section 1. The rights and benefits regarding bereavement leave are as set forth in the
VILLAGE Leave Policy attached as Appendix A).
544,1/
Page 31 of 53
ARTICLE 22 — HOURS OF WORK AND OVERTIME
Section 1. It is agreed by both parties that a seven (7) day basic work week for pay purposes
will begin at 12:01 a.m. Monday and will end at 12:00 midnight Sunday. Employees are
expected to work overtime when notified that overtime work is necessary. Overtime pay at one
and one -half (1 1/2) times the employee's regular rate of pay will be paid for all hours worked
over forty (40) hours in any work week. Only hours actually worked, vacation hours and holiday
hours count as hours worked for overtime purposes (except task workers — see Article 20,
Section 2).
Section 2. The Department Head shall determine the appropriate lunch time for each
Employee.
Section 3. Effective with the ratification of this contract, any full -time Employee who
reports to work will be paid for his/her normal workday regardless of whether they stay at work
or are sent home by the VILLAGE.
Section 4. Reserved
Section S. The VILLAGE agrees to establish a notification schedule to inform and advise
Employees of split shifts and late shifts by posting appropriate notices no later than the close of
business on Thursday proceeding the week in which the split shift or late shift is to be scheduled.
By definition, split shifts are those shifts where an Employee's eight hour day is split between
morning hours and evening hours wherein the Employee may be off the clock during the middle
of the day; late shifts are those shifts where the Employee may be required to arrive at work at
1:00, 2:00 or 3:00 p.m. with the intent of working an eight hour day starting from those hours.
do/
Page 32 of 53
Section 6. During declarations of emergencies, employees will be afforded an off -duty
rotation in the event they may be required to work at least six (6) straight days without a break.
The VILLAGE will arrange for rotation schedules in order to maintain a level of service to
respond to the emergency, but will also recognize the necessity for employees to have some rest
time during said emergency.
Section 7. No compensatory time may be accrued in lieu of the payment of overtime.
Accrued compensatory time will be paid out prior to the implementation of any wage increase
provided in this Agreement.
ZW
Page 33 of 53
ARTICLE 23 — PREVAILING RIGHTS
No past practice which is monetary in nature, except those expressly set forth in this
Agreement, shall survive the ratification of this Agreement.
Z��4
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ARTICLE 24 — SEVERABILITY CLAUSE
If any provision of this agreement shall be held invalid, the remainder of this agreement
shall not be affected thereby. In the event any provision of this agreement is held invalid, the
parties, at the request of either party, shall meet as soon as practicable and reopen negotiations of
any articles impacted by the invalidation of provisions of this agreement.
Page 35 of 53
ARTICLE 25 — NO STRIKE
Section 1. The settlement of questions or disputes between the parties hereto and the
represented Employees is properly to be handled through collective bargaining, or the grievance
and arbitration procedures of this Agreement, as applicable, or through the Public Employees
Relations Commission or other appropriate governmental agency and the courts in the event of
alleged unfair labor or employment practices or other improper conduct. The parties recognize and
agree with the overriding policy concerns underlying the Constitutional and statutory prohibitions
against strikes by public employees in the State of Florida. The FEDERATION agrees that it will
not cause, participate in, instigate, or support, in any manner, any strike, walkout, slowdown, or
work stoppage by any member of the bargaining unit. Additionally, any Employee who violates
this Article or participates in its violation shall be subject to immediate discharge. Allowing
Employees to work or return to work shall be considered approval of their activity in violation of
this Article. The VILLAGE agrees that it will not lock out or cause any employee to be locked out
during the term of this agreement.
Section 2 Any Employee who participates in, or promotes a strike, work stoppage,
slowdown, or other form of interference with the operation and mission of the VILLAGE
Administration, shall be subject to discipline up to and including discharge. Such disciplinary
action by the VILLAGE Administration shall not be subject to the grievance and/or arbitration
procedures contained herein.
Page 36 of 53
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ARTICLE 26 —
CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES
Section 1. The VILLAGE and FEDERATION acknowledges that during the negotiations
which resulted in this Agreement each had the unlimited right and opportunity to make demands
and proposals, with respect to any subject or matter not removed by law from the area of
collective bargaining, and that the understanding and agreements arrived at by the parties after the
exercise of that right and opportunity are set forth and solely embodied in this Agreement.
SectionZ The parties voluntarily and unqualifiedly waive the right to require further
collective bargaining and each party agrees that the other shall not be obligated to bargain
collectively with respect to any matter or subject not specifically referred to or covered by this
Agreement. This Agreement contains the entire contract, understanding, undertaking, and
agreement of the parties hereto and finally determines and settles all matter of collective
bargaining for and during the term.
Page 37 of 53
ARTICLE 27 — TARDINESS
Section 1. An employee is tardy when the employee clocks in for work more than one (1)
minute after the start time of the employee's start time.
When the employee is more than 15 minutes late for work the supervisor, at the supervisor's
option, may allow the employee to come to work and dock (place in unpaid status) the employee
for the time the employee is late.
Section 2. The following general progressive discipline guidelines will be applied for
tardiness. Prior to applying these guidelines the VILLAGE will consider any mitigating
circumstances disclosed by the employee.
4 times in a 6 month rolling period
5 times in a 6 month rolling period
6 times in a 6 month rolling period
more than 6 times in a 6 month rolling period
Ai
Verbal warning
Written warning
Suspension w/o pay
Termination of employment
Page 38 of 53
ARTICLE 28 — PROBATION
Section 1. All new bargaining unit Employees will be subject to a 180 day probationary
period. The VILLAGE may extend the probationary period up to an additional ninety (90) days,
following consultation with and consent by the FEDERATION, if it is determined by management
that an employee requires additional observation for a determination to be changed from
probationary to full -time, regular status. A probationary employee may be released from work
without a statement of cause and the release is not subject to grievance or appeal.
Section 2. Employees promoted within the bargaining unit shall serve a 90 day probationary
period during which time they may be returned to their former or other available position, but the
return is not subject to grievance or appeal.
Section 3. An employee who does not achieve a satisfactory level 1 evaluation or above will
be placed on probation for a period of 90 days. At the commencement of the 90 day period, the
employee will be counseled and given measurable performance improvement goals. The employee
will receive a progress review at the 3001 and 60'' day of the probationary period. At the conclusion
of the 90 day probation period, the employee will be re- evaluated. An employee who does not
achieve a satisfactory level 1 performance evaluation after re- evaluation will be separated from
VILLAGE employment. Separation from service under this circumstance is not subject to
grievance or disciplinary appeal.
Page 39 of 53
ARTICLE 29 — FEDERATION RIGHTS AND PRIVILEGES
Section 1. The VILLAGE agrees to release up to two (2) members of the bargaining unit
from their regular job responsibilities in order that they may begin negotiations at a time mutually
agreeable to both the bargaining unit and the VILLAGE with pay.
Section Z The Employer agrees to furnish the FEDERATION with a list of the names,
addresses, phone numbers, employee classifications, annual and hourly salary of the Employees
within the bargaining unit as of the date of execution of this Agreement, unless production of the
information is prohibited by law. Should the FEDERATION desire revised and updated hereafter,
the Employer will provide them upon written request within thirty (30) days of the Employer's
receipt of such written request and the payment, in advance, of the costs of preparation and
copying of such lists. Provided, however, that such request shall not be made more often than
quarterly.
Section 3. A duly authorized representative of the FEDERATION will be permitted to
communicate official FEDERATION business to members of the FEDERATION to the extent that
the members' job responsibilities and duties are not interfered with or disrupted in any manner and
that no time is lost on the job. The FEDERATION representative shall comply with all applicable
rules and regulations of the Employer concerning visitors to VILLAGE property.
Section 4. Upon ratification of this agreement, the Employer will furnish FEDERATION
with a current copy of all written personnel regulations. The VILLAGE will forward any
subsequently adopted personnel regulations to the FEDERATION within 14 days of their
adoption.
Section 5. Each employee who so chooses may annually contribute up one day of annual
leave to the FEDERATION time pool. The employee shall indicate this choice in writing to the
Human Resources Director or his designee. The pool time shall be available for FEDERATION
representatives, not to exceed three personnel per year to conduct FEDERATION business, other
than collective bargaining negotiations, such as conferences and steward training, provided that:
(1) A written request for the use of FEDERATION pool time is submitted to the
Department Head or his authorized representative at least seven (7) days in advance of
the requested time off.
(2) Sufficient manpower is available in the regular shift to maintain efficiency of
operations during the absence of the FEDERATION officers and /or agents as
determined by the Department Head or his designated representative.
FEDERATION pool time shall be accounted for as conference leave time as defined in the
VILLAGE's Personnel Rules and Regulations.
Page 40 of 53
Section 6. The Employer will provide the FEDERATION bulletin boards to be located in
mutually agreed upon locations to be used solely by the FEDERATION for posting notices.
Notices shall be restricted to the following types, except that additional notices may be posted by
mutual, written consent of the parties:
A. Notices of FEDERATION recreational and social affairs.
B. Notices of FEDERATION elections, appointments, and results of FEDERATION
elections.
C. Notices of FEDERATION meetings and educational classes.
D. Notices of official FEDERATION business; and
E. Any material deemed informative to the general membership
The bulletin boards shall not be used by the FEDERATION or its members to distribute political
pamphlets or any other type of political matter, or for advertising. The FEDERATION agrees not
to post any material defamatory to the VILLAGE, or its representatives on the bulletin boards.
All notices shall clearly state that they are "FEDERATION Notices." A copy of all
FEDERATION notices that are to be put on said bulletin board shall be forwarded to the
VILLAGE Manager's office.
Page 41 of 53
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ARTICLE 30 — WORK ASSIGNMENTS
Section 1. Any Employee temporarily assigned to a lower pay grade classification shall be
compensated at the rate of pay received in his regularly assigned pay grade classification.
Section 2. It is specifically recognized as reflected in the unit position job descriptions that
the very nature of the services provided by the VILLAGE of North Palm Beach demands
flexibility in job assignments and job description and the Employer may temporarily assign tasks
not common to a particular job description.
Section 3. Reserved
Section 4. In the event an Employee is directed to temporarily work in a higher pay grade,
that Employee shall be paid five percent (5 %) above the individual's present base rate for the
period of time worked.
Page 42 of 53
ARTICLE 31— OFF -DUTY EMPLOYMENT
Section 1. An employee may engage in off -duty employment to the extent that said off -duty
employment does not interfere with the performance of the employee's duties for the VILLAGE
of North Palm Beach.
Section 2. An employee's off -duty employment may not create a conflict of interest; may not
be performed during the employee's VILLAGE workday; may not involve use of VILLAGE
equipment, property, or supplies; or otherwise infringe on his or her ability to perform their job
with the VILLAGE in a satisfactory manner.
Section 3. Disputes over whether an employee's off -duty employment creates a conflict of
interest shall be submitted to the State Ethics Commission for an advisory opinion. The parties
agree, however, that the opinion of the commission shall be binding upon them. An employee
may continue to work at his off -duty position during the pendency of the request for an opinion,
but does so at his own peril.
Section 4. VILLAGE employees may not wear VILLAGE uniforms or insignia when
engaged in off duty employment.
Page 43 of 53
ARTICLE 32 — POLITICAL ACTIVITY AND VOTING
Section 1. Neither the FEDERATION nor the Employer will place any restrictions on
Employees with regard to political activity. Employees may hold membership in or support any
political party, run for or hold political office, vote as they choose, express their opinions and
wishes on political issues and candidates, maintain partisan neutrality and attend political
functions so long as these activities do not take place during the Employee's working hours on
VILLAGE property, or in such a manner as would interfere with the Employee's duties during the
Employee's official hours of work. Employees shall not engage in political lobbying while in
VILLAGE uniforms or when wearing VILLAGE insignia. Such activities shall not be conducted
in violation of State conflict of interest statutes.
Page 44 of 53
ARTICLE 33 — EDUCATION AND TRAINING
Section 1. Reserved
Section Z Employees required to attend job - related training for any reason outside their
normal working hours shall be compensated at premium rate of one and one -half (1 '/2) times their
regular hourly salary. However, seminars and conventions are not included with the meaning of
the term "training ".
Section 3.
Section 4.
Reserved
Tuition Refund Program: See Miscellaneous Benefits
Page 45 of 53
Z),
ARTICLE 34 — PENSION PLAN
Section 1. All new hires after October 1, 2010 shall be eligible only for enrollment in the
VILLAGE defined contribution plan.
Page 46 of 53
ARTICLE 35 — WAGES
Section 1.
Year One (10/1/2014- 9/30/2015)
Following ratification, employees will receive a 3% wage adjustment on their anniversary date
provided they have achieved a "successful level 1" or higher performance evaluation using the
current performance measurement process.
Increases over pay range maximum shall be paid as lump sum payments of $900.00 for a
Successful Level I through Exceptional Level I evaluation and $1200.00 for an evaluation of
Exceptional Level II.
If the VILLAGE and Union reach a tentative agreement that is ratified by the VILLAGE and
Union and the bargaining unit employees ratifies prior to January 8, 2015, the wage increase will
be calculated retroactively to 10/1/2014 and each member of the bargaining unit will be paid an
additional $500.00 the first pay period following VILLAGE Council ratification.
Year Two (10/1/2015- 9/30/2016)
In Year Two, employees will receive a 3.5% wage adjustment the first full pay period in April
provided they have achieved a "successful level 1" or higher performance evaluation using the
current performance measurement process.
Increases over pay range maximum shall be paid as lump sum payments of $900.00 for a
Successful Level I through Exceptional Level I evaluation and $1200.00 for an evaluation of
Exceptional Level II.
Year Three (10/1/2016- 9/30/2017)
In Year Three, employees will receive a 3.75% wage adjustment the first full pay period in April
provided they have achieved a "successful level 1" or higher performance evaluation using the
current performance measurement process.
Increases over pay range maximum shall be paid as lump sum payments of $900.00 for a
Successful Level I through Exceptional Level I evaluation and $1200.00 for an evaluation of
Exceptional Level II.
Section 2. Employees will be paid bi- weekly.
Section 3. No employee shall receive a base wage increase over the maximum salary
(top -out) established in the VILLAGE pay plan.
Page 47 of 53
Section 4. No lump sum payment will be made for an evaluation of Development Required
through Below Standards.
Page 48 of 53
ARTICLE 36 — MISCELLANEOUS
Section 1. The terms and conditions of this Agreement may be altered, changed, added to,
deleted from, or modified only through the voluntary mutual written consent of the parties.
Section Z This Agreement shall supersede any ordinances, regulations, or practices of the
VILLAGE, promulgated and adopted by the VILLAGE Council. The FEDERATION agrees that
all employees covered under this agreement shall comply with all Personnel Rules and
Regulations, including those relating to conduct and work performance. In the event of a conflict
between the terms of this Agreement and the terms of the Personnel Rules and Regulations, the
terms of this Agreement prevail.
Section 3. The parties agree to an adjustment of miscellaneous benefits /incentives as is set
forth in Section 15 of the comprehensive pay plan document.
Section 4. The VILLAGE will provide a sufficient number, as determined by the VILLAGE,
of uniforms suitable to the employee's job. In addition, the VILLAGE will provide uniform
cleaning service for employees required to wear uniforms. The VILLAGE will reimburse
employees for VILLAGE approved safety shoes once per year in an amount not to exceed
$100.10, or the VILLAGE will establish an annual shoe allowance of $100.10 payable through
the employee's normal VILLAGE payroll process.
Page 49 of 53
ARTICLE 37 — CALL- BACK/EMERGENCY COMPENSATION
Section 1. If an employee is called back to work for an emergency or called back outside of
his scheduled hours for that work week, the employee shall receive the greater of two (2) hours of
pay or the actual number of hours worked, which shall be computed at a premium rate of time and
one half (1 %2) the employees regular rate of pay. Example: an employee called back for thirty
(30) minutes of work shall be paid for two (2) hours at time and one half. An employee called
back for four (4) hours shall be paid for four (4) hours at time and one half.
The Department Head and /or Superintendent shall create a schedule for call out and shall rotate
the assignments of call - back/on -call overtime to employees in the following positions using that
list and as equally as practicable based upon their qualifications for the assignment, distributed
on a rotating basis by the departmental seniority of the person. List of positions: Grounds
Maintenance Worker, Street Maintenance Worker, Irrigation Technician, Senior Irrigation
Technician, Sanitation Driver /Operator, Trades Mechanic, Senior Trades Mechanic.
An employee on the call out list will be paid standby pay in the amount equal to one (1) hour of
base pay for each 24 hour period the employee is designated to be on standby. Standby pay is in
addition to call out pay.
An employee on standby who fails to report to work within forty -five (45) minutes of call out is
subject to the following discipline, subject to adjustment for mitigation circumstances:
• first occurrence result in a written warning
• second occurrence results in termination
An employee may swap one 24 hour period during a weekly on call status with a co- worker,
provided the request is made to and approved by the Department Head 12 hours in advance of the
swap.
Section 2. Call back premium pay is excludable from the regular rate of pay for the purpose
of overtime calculation.
Page 50 of 53
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ARTICLE 38 — CERTIFICATION INCENTIVE
See Miscellaneous Benefits. The maximum number of certifications that the VILLAGE will pay
for is three (3).
Page 51 of 53
ARTICLE 39 — TERM OF AGREEMENT
Section 1. This Agreement shall be effective from date of ratification, and shall remain in full
force and effect for a term from date of ratification to the 30th day of September 2017. No base
wage increase, performance based increase or cost of living adjustment shall be paid beyond
September 30'h of 2017 except as provided in a subsequent Memorandum of Understanding or
Collective Bargaining Agreement as may be negotiated by the parties modifying the Wage
Article of the collective bargaining agreement.
Section 2. The VILLAGE and the FEDERATION agree to commence bargaining for a
successor agreement on or about June 30t`, 2017.
Section 3. By entering into this Agreement, the VILLAGE and FEDERATION acknowledge
that they have resolved all disputes between them.
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Page 52 of 53
SIGNATURE PAGE
APPROVAL
Pursuant to Florida Statute 447.309, the VILLAGE's Chief Executive Officer and the
FEDERATION's Bargaining Agent hereby confirm that the foregoing represents the Collective
Bargaining Agreement reached by the negotiators through bargaining.
This Agreement shall not be binding on the VILLAGE of North Palm Beach until it has been
ratified by the VILLAGE Council and by the employees who are members of the bargaining
unit.
BEACH
Y, VILLAGE MANAGER
FEDERATION OF PUBLIC EMPLOYEES,
A DIVISION OF THE NATIONAL FEDERATION
OF PUBLIC AND PRIVATE EMPLOYEES, AFL -CIO,
By: /Z �IA&ze
Y T ERS, BUSINESS REPRESENTATIVE
L✓
Dated: A � /J
Date of Ratification by Bargaining Unit: " %`j✓
Date of Ratification by the VILLAGE:
THE VILLAGE OF
NORTH PALM BEACH
a�A' "' Q
MAYOR
W24 1.4- - _-
•
FED ON PU C EMPLOYEES
PRESIDENT
Page 53 of 53
Y---
APPENDIX A
Number: 08 -09
Subject: Leave
o��x Village of North Palm Beach Date: 08 -27 -13
Revised: Village Policy
Manual Section 9.0
POLICY AND PROCEDURES MANUAL REVISION
9.0 LEAVE POLICY
9.1 Family and Medical Leave Policy (FMLA):
9.1.1 Introduction: It is the policy of the Village to provide eligible employees leave in
accordance with the Family Medical Leave Act of 1993, as amended from time to time.
9.1.2 Village Policy/Legal Authority: The Village policy prohibits the discrimination or
retaliation against any individual(s) with regard to access to family and medical leave, or
interference with requested leave, under this Policy. The Village has set forth its policy under
this Section of the policy and procedures manual. The specific legal authority for the FMLA
Act is 29 U.S.C. Section 2601, et seq.
9.1.3 Purpose: The purpose of the Family and Medical Leave Policy is to provide eligible
employees up to 12 weeks, or 26 workweeks in the case of service- member family leave, of
unpaid family, medical, or exigency leave during a 12 -month period in accordance with the
Family and Medical Leave Act of 1993.
9.1.4 Measurement of 12 -Month Period: The 12 -month period is measured backward from the
date an employee uses any FMLA leave for all types of leave except to measure the 26
weeks available to care for a covered service- member. The 12 -month period to calculate the
26 weeks available to care for a covered service- member is measured forward from the first
date the employee uses leave for this reason.
9.1.5 Definitions:
A.
B. Contingency Operation: means a military operation that -
1. is designated by the Secretary of Defense as an operation in which members of the
Armed Forces are or may become involved in military actions, operations; or
hostilities against an enemy of the United States or against an opposing military
force; or
2. results in the call or order to, or retention on, active duty of members of the
uniformed services under section 688, 12301(a), 12302, 12304, 12305, or 12406 of
Title 10, chapter 15 of Title 10, or any other provision of law during a war or during
a war or national emergency declared by the President or Congress.
APPENDIX A
C. Covered Active Duty: means duty during deployment to a foreign country as a member
of the Regular Armed Forces or duty of a Reserve component of the Armed Forces
during deployment to a foreign country under a Federal call or order to active duty in
support of a contingency operation.
D. Covered Service- member: means a current member of the Armed Forces, including a
member of the National Guard or Reserves, or covered veteran, who is undergoing
medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is
otherwise on the temporary disability retired list, for an injury or illness incurred in the
line of duty on active duty in the Armed Forces or that existed before the beginning of
the active duty and was aggravated by service in the line of duty on active duty and that
may render the member medically unfit to perform the duties of the service- member's
office, grade, rank or rating.
E. Military Member (for Exigency Leave provisions): means a spouse, child or parent, who
is also a member of the reserve components (Army National Guard of the United States,
Army Reserve, Navy Reserve, Marine Corps Reserve, Air National Guard of the United
States, Air Force Reserve and Coast Guard Reserve) or a retired service- member of a
regular component of the Armed Forces, is on covered active duty or called to covered
active duty status
F. Eligible Employ An employee who has:
1. Been employed for at least twelve (12) months by the employer with respect to
whom leave is requested. The twelve (12) months of employment do not need
to be consecutive, and
2. Worked, excluding paid and unpaid leaves of absence, for at least 1,250 hours
of service during the twelve (12) month period immediately preceding the
leave.
F. Equivalent Position: A position with equivalent pay, benefits and working
conditions, including privileges, prerequisites, and status. The equivalent position
must involve the same or substantially similar duties and responsibilities, which
must entail substantially equivalent skill, effort, responsibility, and authority.
G. Health Care Provider: A doctor of medicine or osteopathy who is authorized to
practice medicine or surgery by the State in which he or she practices. Anyone
determined by the Secretary of Labor to be capable of providing health care
services will also qualify as a health care provided. Included are:
1. Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors
(limited to treatment consisting of manual manipulation of the spine to correct a
subluxation as demonstrated by x -ray to exist) authorized to practice in the
State.
2. Nurse practitioners, nurse midwives, clinical social workers, and physician
assistants who are authorized to practice in the State.
3. Christian Science practioners listed with the First Church of Christ, Scientist in
Boston, Mass.
H. Incapable of Self Care: The individual requires active assistance or supervision to
provide daily self -care in several "activities of daily living or "ADL's ". ADL's
include adaptive activities such as caring for one's grooming and hygiene, bathing,
.O
dressing, eating, cooking, cleaning, shopping, taking public transportation, paying
bills, maintaining a residence, using telephones, using a post office, etc.
I. Next of Kin of Covered Service Member: means the nearest blood relative of that
individual.
J. Outpatient Status: with respect to covered service- member, means the status of a member
of the Armed Forces assigned to —
1. Military medical treatment facility as an outpatient; or
2. Unit established for the purpose of providing command and control of members
of the Armed Forces receiving medical care as outpatients.
K. Serious Health Condition: An illness, injury, impairment, or physical or mental
condition that involves:
1. Any period of incapacity or subsequent treatment connected with inpatient
(overnight) care in a hospital, hospice, or residential medical care facility; or
2. A period of incapacity requiring absence of more than three consecutive, full calendar
days from work, school, or other regular daily activities and any subsequent treatment
or period of incapacity relating to the same condition that also involves:
a. Treatment two (2) or more times within thirty (30) days of incapacity, unless
extenuating circumstances exist, by (or under supervision of) a health care
provider; or
b. Treatment by a health care provider on at least one (1) occasion that results in a
regimen of continuing treatment under supervision of a health care provider.
The first, or only, treatment visit under Subsections (a) or (b) must take place in
person within seven (7) days of the first day of incapacity.
3. Any period of incapacity due to pregnancy, or for prenatal care;
4. Any period of incapacity (or treatment therefore) due to a chronic serious health
condition, which is defined as:
a. A condition that requires visits at least two(2) times per year for treatment
by (or under the supervision of) a health care provider;
b.Continues over an extended period of time, including episodes of a single
underlying condition; and
c. May cause episodic rather than a continuing period of incapacity such as
asthma, diabetes and epilepsy.
5. A period of incapacity that is permanent or long -term due to a condition for which
treatment may not be effective such as Alzheimer's, stroke, or terminal diseases;
6. Any absences for restorative surgery after an accident or injury or to receive multiple
treatments (including any period of recovery there from) by, or on referral by, a
health care provider for a condition that likely would result in incapacity of more than
three consecutive days if left untreated, such as chemotherapy, physical therapy, or
dialysis.
L. Parent: A biological, adoptive, step or foster parent or an individual who legally stands
or stood in the place of the biological parent.
M. Child: A biological, adopted or foster child, a stepchild, a legal ward or child of a person
standing in the place of the biological parent who is either under the age of 18, or age 18
or older and incapable of self -care due to a mental or physical disability at the time
FMLA leave is to commence.
APPENDIX A
N. Spouse: A spouse is defined in accordance with applicable state law in effect at the time
of the leave.
O. Reduced Leave Schedule: A leave schedule that reduces the usual number of hours
per workweek, or hours per workday, of an employee.
P. Exigences one that is related to, or necessitated by, the active duty or call to active
duty status of a covered military member and is also one of the following:
1. Short- notice deployment;
a. Leave for this purpose may be used for seven (7) calendar days beginning on
the date the covered military member is notified of an impending call or order
to active duty in support of a contingency operation.
b. Leave for this purpose is used to address issues that may arise from the fact
that a covered military member is notified of an impending call or order to
active duty in support of a contingency operation seven (7) or less calendar
days prior to the date of deployment.
2. Military events and related activities;
a. To attend any official ceremony, program, or event sponsored by the military;
and
b. To attend family support or assistance programs and informational briefings
sponsored or promoted by the military, military service organizations, or the
American Red Cross.
3. Childcare and school activities;
a. To arrange for alternative childcare when the active duty or call to active duty
status of a covered military member necessitates a change in the existing
childcare arrangement for a child of a covered military member at the time
FMLA leave is to commence;
b. To provide childcare on an urgent, immediate need basis (but not on a
routine, regular, or everyday basis);
c. To enroll in or transfer to a new school or day care facility a child of the
covered military member when enrollment or transfer is necessitated by the
active duty or call to active duty status of a covered military member.
d. To attend meetings with staff at a school or a daycare facility, such as
meetings with school officials regarding disciplinary measures, parent- teacher
conferences, or meetings with school counselors, for a child of the covered
military member.
4. Financial and legal arrangements;
a. To make or update financial or legal arrangements to address the covered
military member's absence while on active duty or call to active duty status,
such as preparing and executing financial and healthcare powers of attorney,
transferring bank account signature authority, enrolling in the Defense
Enrollment Eligibility Reporting System (DEERS), obtaining military
identification cards, or preparing or updating a will or living trust.
b. To act as the covered military member's representative before a federal, state,
or local agency for purposes of arranging or appealing military service
benefits while the covered military member is on active duty or call to active
duty status, and for a period of 90 days following the termination of the
covered military member's active duty status.
5. Counseling;
APPENDIX A
a. To attend counseling provided by someone other than a healthcare provider
for:
1. The employee;
2. The covered military member; or
3. The child of the covered military member.
6. Rest and recuperation;
a. Leave may be taken for up to fifteen (15) days for each instance of rest and
recuperation.
b. To spend time with a covered military member who is on short-term,
temporary, rest and recuperation leave during the period of deployment.
7. Post - deployment activities;
a. To attend arrival ceremonies, reintegration briefings and events, and any other
official ceremony or program sponsored by the military for a period of 90
days following the termination of the covered military member's active duty
status; and
b. To address issues that arise from the death of a covered military member
while on active duty status, such as meeting and recovering the body of the
covered military member and making funeral arrangements.
8. Parental Care where the parent of the military member is incapable of self -care;
a. To arrange for alternative care when the military member's call to active duty
necessitates a change;
b.To provide care on an urgent, immediate need basis arising from the call to
active duty of the military member;
c. To admit or transfer to a care facility necessitated by the call to active duty of
the military member; or
d.To attend meetings at the care facility due to the call to active duty of the
military member.
9. Additional activities.
a. To address other events provided that the employer and employee agree that
such leave shall qualify as an exigency, and agree to both the timing and
duration of such leave.
9.1.6 Policy:
A. Notice: Employees must provide Human Resources with no less than 30 days written
notice of their intent to take FMLA leave when the leave is foreseeable. If the FMLA
leave is unforeseeable, the employee must provide notice as soon as possible after the
employee learns of the need for the leave.
B. Eli ibg ility: To be eligible for family or medical leave, an employee must have been a
Village of North Palm Beach employee for at least 12 months and have worked for at
least 1250 hours during the previous 12 -month period.
In addition to the foregoing eligibility requirements, the employee must also show that
the reason for the leave falls into one of the following categories:
1.. the birth of a son or daughter, and to care for the newborn child;
2. the placement with the employee of a child for adoption or foster care, and to care for
the newly placed child;
APPENDIX A
3. to care for an immediate family member (spouse, child, parent, and parent "in -law ")
with a serious health condition;
4. when the employee is unable to work because of a serious health condition;
5. to care for a covered service- member who is a member of the Armed Forces,
including the National Guard or Reserves, or a covered veteran, who is undergoing
medical treatment, recuperation or therapy, is otherwise in outpatient status, or is
otherwise on the temporary disability retired list, for an injury or illness incurred in
the line of duty on active duty in the Armed Forces or that existed before the
beginning of the active duty and was aggravated by service in the line of duty on
active duty and that may render the service- member medically unfit to perform the
duties of the service- member's office, grade, rank or rating. The employee must be
the family member or the next of kin (nearest blood relative) of the covered service -
member; or
6. to address any qualifying exigency arising out of the fact that a spouse, child, or
parent who is also a covered military member in the reserve components of the U.S.
National Guard, Reserves, or retired members of the regular Armed Forces or
Reserves is on active duty or called to active duty status in support of a contingency
operation and deployed to a foreign country. Such leave is not available to an
employee who is the family member of a service- member of the Regular Armed
Forces unless the military member is deployed to a foreign country. Additionally the
call to active duty refers to a Federal call and not a State call, unless the State call was
ordered by the President of the United States under certain circumstances.
C. Birth, Adoption or Foster Care of a Child
1. An eligible employee can take up to 12 weeks of leave during a 12 -month period
measured backward from the first date family or medical leave is used. This applies
equally to mothers and fathers. However, if both the mother and father are employed
by the Village of North Palm Beach, the aggregate number of workweeks of leave
that both can receive is limited to 12 work weeks during any 12 -month period.
2. The entitlement to leave expires at the end of the 12 -month period beginning on the
date of the birth, or placement of a child.
3. Employees meeting the requirements of the Sick Leave policy are required to use
their applicable sick leave and then the accrued vacation leave concurrently with
FMLA before the leave becomes unpaid. After any accrued vacation leave is
exhausted, employees may request to use their remaining accrued sick leave if they
did not meet the requirements of the Sick Leave Policy, or only met the requirements
for a portion of the absence, before the leave becomes unpaid leave. To request to
use the accrued sick leave, Employees must submit the form "Employee Request to
Apply Sick Leave to Unpaid FMLA Leave Based upon Birth or Placement of a
Child" to the Human Resources Department. Any accrued compensatory time off
shall be used prior to the leave becoming unpaid. All paid leaves of absence shall run
concurrently with the FMLA leave.
4. This type of leave shall not be taken by employees intermittently or on a reduced
work schedule.
D. Leave due to serious health condition of the employee or to care for a family member
having a serious health condition.
1. For purposes of this section, Family Member is defined as a spouse, parent, or child.
APPENDIX A
2. An eligible employee can take up to 12 weeks of leave during a 12 -month period
measured backward from the first date leave is used.
3. Employees using FMLA leave for a serious health condition are required to exhaust
their sick and vacation leave balances before FMLA leave becomes unpaid. Any
accrued compensatory time off shall be used prior to the leave becoming unpaid.
4. Spouses employed by the Village of North Palm Beach are limited to a combined
total of 12 workweeks of family leave for the care of an employee's child who has a
serious health condition.
5. Leave due to a serious health condition may be taken intermittently if medically
necessary as certified by the treating health care provider.
E. Service- Member Family Leave
1. For purposes of this section, family member is defined as a spouse, parent, or child.
2. Next of kin is the nearest blood relative of the service- member (other than the spouse,
parent, or child of the covered service- member) in the following order of priority:
blood relative who has been granted legal custody of the covered service- member by
court decree or statute; brothers and sisters; grandparents; aunts and uncles; and first
cousins; unless the covered service- member has specifically designated in writing
another blood relative as the nearest blood relative for purposes of military caregiver
leave under the FMLA.
3. An eligible employee who is the spouse, son, daughter, parent, or next of kin of a
covered service- member, who is recovering from a serious illness or injury sustained
in the line of duty on active duty, may take up to a total of 26 workweeks of leave
during a 12 -month period to care for the service- member. The leave described in this
paragraph shall only be available during a single 12 -month period;
4. During the single 12 -month period, eligible employees are entitled to a combined
total of 26 workweeks of leave for all types of FMLA leave;
5. If both a husband and wife are employed by the Village, the aggregate number of
workweeks of leave that both can receive is limited to 26 workweeks during the
single 12 -month period for service- member leave or a combination of service -
member leave and the other types of FMLA leave available;
6. If an eligible employee does not take all of his or her 26 workweeks of leave
entitlement under this section during the single 12 -month period, the remaining part
of the 26 workweeks of leave entitlement is forfeited. However, the leave entitlement
is applied on a per- covered service- member, per - injury basis such that an eligible
employee may be entitled to take more than one period of 26 workweeks of leave if
the leave is to care for a different covered service- member or to care for the same
service- member with a subsequent serious injury or illness, except that no more than
26 workweeks of leave may be taken within any single 12 -month period. When the
eligible employee takes leave to care for more than one covered service- member or
for a subsequent serious injury or illness of the same covered service- member, and
the single 12 -month periods corresponding to the different military caregiver leave
entitlements overlap, the employee is limited to taking no more than 26 workweeks of
leave in each single 12 -month period;
7. Where leave qualifies as both leave to care for a covered service- member and leave to
care for a family member with a serious health condition during the single 12 -month
period, the Village must designate such leave as leave to care for a covered service -
member in the first instance. This leave must not be designated and counted as both
I,'• Ol 0:1
leave to care for a covered service- member and leave to care for a family member
with a serious health condition;
8. Service- member leave may be taken intermittently or on a reduced leave schedule
when medically necessary;
9. Employees using FMLA leave for service- member leave are required to exhaust their
sick leave then their vacation leave balance before FMLA leave becomes unpaid.
Any accrued compensatory time off shall be used prior to the leave becoming unpaid.
F. Leave due to a qualifying exigency arising out of the fact that a spouse, child or parent,
who is also a National Guard, Reserve, or retired service- member of a regular component
of the Armed Forces, or member of the regular Armed Forces is on active duty or called
to active duty status in support of a contingency operation and deployed to a foreign
country
1. Leave taken due to a qualifying exigency may be taken on an intermittent or reduced
leave schedule basis.
2. Eligible employees may take up to 12 weeks of leave measured forward from the first
date leave is taken for a qualifying exigency.
3. Employees meeting the requirements of the Sick Leave policy are required to use
their applicable sick leave, if the leave qualifies under the Sick Leave policy, and then
the accrued vacation leave concurrently with FMLA before the leave becomes
unpaid. Any accrued compensatory time off shall be used prior to the leave
becoming unpaid. All paid leaves of absence shall run concurrently with the FMLA
leave.
G. Medical Certification
1. The employee shall provide the Village of North Palm Beach Human Resources
office with complete and sufficient certification of the need for leave from the health
care provider of the employee, family member, covered service- member, or military
member within 15 days of notification of the need for leave. The certification shall
state:
a. The date on which the serious health condition began;
b. Health care provider contact information;
c. The probable duration of the condition;
d. The appropriate medical facts of the condition;
e. If the patient is the employee, information sufficient to establish the employee
cannot perform the essential functions of the job, any other work restrictions, and
the duration of the inability;
f. For family leave or service - member leave: a statement that the employee is
needed to care for the family member and an estimate of the amount of time that
such care is needed.
g. In the case where an employee is unable to return to work because he /she is
caring for a service- member who is recovering from a serious injury or illness
sustained in the line of duty while on active duty, a certification must be issued
stating such by the health provider of the service- member.
h. The medical necessity of any intermittent leave request and estimate of the
frequency and duration of episodes of incapacity.
APPENDIX A
2. The Village shall provide the appropriate certification form to be used for all
employees requesting FMLA leave. When the certification is returned incomplete or
insufficient, the Village will notify the employee in writing what additional
information is necessary. A certification is not sufficient if it is complete, but the
information provided is vague, ambiguous, or non - responsive. The Village will give
the employee seven (7) calendar days to correct an incomplete or insufficient
certification.
3. The certification shall be signed by the health care provider responsible for providing
such services and not by a staff member employed by the health care provider. The
employee will be required to obtain subsequent re- certification on a reasonable basis.
4. The Village of North Palm Beach may require, at its own expense, that the employee
obtain the opinion of a second health care provider designated or approved by the
Village, however, the health care provider cannot be employed on a regular basis by
the Village. If the two opinions conflict, the Village can, at its own expense,
require a third and binding opinion.
5. Employees failing to provide complete and sufficient certifications as required, and
after any opportunity to correct, may be denied the taking of FMLA leave.
H. Re- Certifications
The employee will be required to submit a recertification if any of the following occurs:
1. Every thirty (30) days in connection with the employee's absence, but if the
minimum duration of the condition is more than 30 days, the Village will not request
a recertification until after the initial duration of the condition expires or when one of
the situations below occurs, whichever occurs first.
2. The Village may require recertification within thirty (30) days if:
a. The employee's own, their immediate family member's or covered service -
member's medical condition or duration or frequency of absences changes
significantly;
b. The Village receives information that casts doubt upon the stated reason for the
absence or the continuing validity of the certification; or
c. The employee's need for leave extends beyond the time their own, their
immediate family member's or covered service- member's health care provider
indicates on the most recent medical certification.
3. After six (6) months of the date the most recent medical certification that was
completed by the attending physician, in connection with an absence by the employee
(regardless of the duration of the condition);
4. A qualifying exigency arises out of a different covered active duty or call to covered
active duty status of the same or different covered military member; or,
5. The employee's need for leave due to the employee's own serious health condition,
or the serious health condition of a covered family member, lasts beyond a single
leave year.
6. Employees bear the entire cost of obtaining re- certifications required by the Village.
7. Employees failing to provide complete and sufficient re- certifications as required,
and after any opportunity to correct, may be denied the taking of FMLA leave.
Failure to provide any re- certification may result in denial of leave under the FMLA
policy. Employees who fail to provide requested documentation of the reason for an
APPENDIX A
absence from work may be subject to disciplinary action up to, and including,
termination.
I. Intermittent or Reduced Work Week Leave
1. Leave can be taken intermittently or on a reduced work schedule when medically
necessary or as a result of a qualifying exigency. The taking of the leave
intermittently or on a reduced work schedule shall not reduce the total amount of
leave to which the employee is entitled. However, the employee must provide a
certification from the health care provider stating that the employee's reduced work
schedule is necessary and the expected duration and schedule of the intermittent leave
or reduced work schedule. Such certification must also include the information listed
under the foregoing "Medical Certification" section and shall also be signed by the
health care provider responsible for providing such services and not by a staff
member employed by the health care provider.
2. If an employee requests intermittent leave or leave on a reduced work schedule that is
foreseeable based on a planned medical treatment, the employee:
a. May be required to transfer temporarily to an available alternative position (for
which they are qualified) which has an equivalent pay and benefits and which
better accommodates recurring periods of leave than the regular position of the
employee.
b. Must make reasonable efforts to schedule the treatment so as not to unduly
disrupt operations.
3. If an employee was absent from work due to a previously approved FMLA reason
that was unforeseeable, the employee is required to follow the Village's Sick Leave
Policy's unforeseeable use of sick leave procedures to notify the Village of the need
for leave, and explicitly state that the need for leave is related to the previously
approved FMLA condition. Upon returning to work, the employee must complete
and submit to the Human Resources Department an Intermittent Leave of Absence
under FMLA Request Form within 5 business days of the employee's return to work
for the time to be designated as FMLA. In the absence of such timely notification by
the employee, the employee may not subsequently assert FMLA protections for the
absence.
J. Concurrent Use of Paid Leave
As mentioned in each of the sections above, employees are required to use sick and /or
vacation leave concurrently with FMLA. The Village further requires that the employee
satisfy the procedural requirements set forth in the paid leave policies in order to ensure
payment pursuant to the paid leave policy.
K. Health Insurance and Other Benefits During FMLA Leave
1. During approved FMLA leave, the Village is required to maintain group health
insurance benefits. Maintenance of such group health insurance requires that the
employee continue to contribute any co- payment of his or her normal portion of the
insurance premiums to the Village in order to maintain insurance coverage. For
APPENDIX A
details on continuation of health insurance benefits for dependents, contact the
Village of North Palm Beach's Human Resources Department.
2. Once FMLA leave becomes unpaid, employees do not continue to accrue seniority,
vacation leave or other benefits that are not accrued during other types of unpaid
leaves of absence.
L. Return from FMLA
1. Employees returning from an FMLA leave are required to submit a fitness for duty
certification by their healthcare provider prior to returning to work demonstrating the
employee can perform the essential functions of the job. Failure to provide that
certification prior to the scheduled return date may delay the employee's
reinstatement.
2. After the beginning of the leave an employee may discover that circumstances have
changed and the amount of leave time originally anticipated is either reduced or
needs to be extended. In foreseeable circumstances where it is necessary to change
leave time the employee is required to give the Village notice within two (2) business
days.
3. Upon the employee's return to work, the employee is reinstated to the same or a
substantially equivalent position. The Village will not guaranty the employee's
position or an equivalent position if their leave extends past twelve (12) weeks.
4. An employee who accepts other employment, or who fails to return to work on the
next regularly scheduled work day following the expiration of the leave, or who does
not accept a position offered by the Village when returning from a leave, will be
considered to have voluntarily resigned from their employment. Employees are
prohibited from performing any work during FMLA leave, for the Village or any
other entity or individual, and may be terminated immediately upon discovery of
same.
5. If the employee decides not to return to work: If the employee does not return from
the approved leave, the Village shall require the employee to reimburse the Village
for its portion of their health coverage premium that was paid for the employee under
the group health plan during the employee's leave.
6. Exceptions. The Village will not require the employee to reimburse the Village for
maintaining coverage if the employee does not return to work for one of the
following reasons:
a. If the leave is for the employee's serious health condition and the employee was
unable to return to work because of the continuation, recurrence or onset of the
condition.
b. If the leave is for the serious health condition of a family member and the
employee was unable to return to work because he /she -was still needed to care
for that family member.
c. Certification: If the employee does not return from their approved leave
because of one of the two reasons just stated above, the employee must
present certification from his /her health care provider or the health care
provider of the family member in question. This certification must be
APPENDIX A
presented as soon as possible, but no later than fifteen (15) days after the last
day of the employee's scheduled leave.
d. The certification must contain the following information:
i. If the leave is for the employee's serious health condition, the
certification must include a statement that the employee is unable to
perform the functions of his/her position on the date the employee's
approved leave expired.
ii. If the leave is for the serious health condition of a family member, the
certification must include a statement that the employee is needed to
care for that family member on the date that the employee's approved
leave expired.
M. Confidentiality
The Human Resources Department shall maintain the confidentiality of information
obtained from employees regarding the qualifying conditions and medical information
during the FMLA process. Supervisors, Department Heads, and other employees are
generally not provided this confidential information. However, Human Resources will
supply the Supervisors and Department Heads, as applicable, information regarding the
dates of leave, anticipated return to work dates, and any limitations or restrictions
imposed upon the employee by his or her health care provider to ensure the employee's
safety in working on an intermittent or reduced schedule, or upon his or her return to
work.
9.1.7 Forms for the Family and Medical Leave: The forms for Family and Medical Leave
are to be used in application and other various actions for the Family and Medical Leave
Policy and are available in Human Resources.
9.2 Other Leave Policies:
9.2.1 Vacations:
A. General:
1. The Village determines and schedules the vacation period of each employee
eligible for a vacation. Consideration is given where possible to the preference
of the employee as to the time of his or her vacation.
2. No one shall take a vacation of such length as to jeopardize the effectiveness of
the duties of that position. The Department Head and /or the Village Manager
shall determine, based on the conditions specific to the period sought for the
vacation, whether or not the length of the vacation is appropriate. If the
Department Head and /or the Village Manager deem the vacation to be
inappropriate, the vacation length may be limited.
B. Eligibility Requirements:
1. Vacation days accrue, but may not be taken during the first ninety (90) days of
the employee's probationary period. All full -time personnel who have completed
the first ninety (90) days of their probationary period may take vacation with pay
in accordance with the following accrual schedule:
a. 0 -59 months 80 hours
b. 60 -119 months 120 hours
c. 120 and over 160 hours
WINUUNZWOW1
2. In the event a paid holiday should occur during an employee's vacation period,
the employee's vacation time shall not be credited against the paid holiday. An
employee shall not lose his vacation with pay if incapacitated due to an injury or
illness incurred in the line of duty. The vacation time shall be reassigned upon
return to duty.
3. Vacation time shall be credited and reported per pay period to indicate hours
accrued, less hours taken, reflecting net vacation hours available per pay period.
4. Vacation schedules shall be approved by the Department Head.
5: The maximum number of vacation days an employee may accrue is the unused
days accrued during the employee's previous two year period. Any employee,
who voluntarily terminates, retires or dies while employed by the Village shall
receive payment equal to 100% of the unused days of vacation accrued during
the two year period prior to termination, retirement, or death. If employment is
terminated by death, the estate of the employee shall receive payment for the
earned vacation time. However, in the Village's sole discretion, payment may
be made directly to the spouse, or if no spouse, to the child(ren) over 18 years of
age, or if no children, to the employee's father or mother in accordance with
Florida Statute 222.15, as amended from time to time. Any employee who fails
to complete his /her probationary period, is terminated for cause, or fails to give
appropriate notice of resignation , shall not receive payment for earned vacation
time. Exceptions may be made for employees unable to provide full notice of
resignation as recommended in writing by the Department Head and approved
by the Village Manager.
9.2.2 Personal Leave without Pay: The Village Manager may authorize Regular Employees
in regular full -time positions to be absent without pay for a period not to exceed one
hundred eighty (180) days.
A. Leave requests must first have the approval of the affected Department Head.
B. These types of leaves shall be for candidacy for elected office, voluntary military
service, education or training that will benefit the Village or other substantial
reason.
C. Employment shall be automatically terminated at the end of approved leave if the
employee does not return to work.
D. Employees shall request such leaves in advance of the date so desired. The best
interest of the Village shall be the primary consideration in granting a personal leave
without pay.
E. In no instances shall an employee be granted a personal leave without pay if he /she
can use accumulated paid leave. Health insurance and /or other fringe benefits may
be continued at the employee's own expense during said unpaid leave.
APPENDIX A
F. During unpaid Personal Leave, employees do not continue to accrue seniority,
vacation leave, sick leave, or other benefits.
9.2.3 Holidays:
A. The following calendar days and such other days as the Village Council may
designate are deemed holidays with time off with full pay to all full -time employees
in regular positions. If the holiday falls on a Saturday, the previous Friday shall be
designated as the official holiday and if the holiday falls on a Sunday, the following
Monday shall be designated as the official holiday. All official holidays shall be
considered to commence at the beginning of the first shift on the day on which the
holiday is observed and continue for twenty -four (24) hours thereafter.
Holidays
New Year's Day
Martin Luther King Day
Presidents Day
Memorial Day
Independence Day
Labor Day
Veterans' Day
Thanksgiving Day
Friday after Thanksgiving
Christmas Eve Day
Christmas Day
B. Regular full -time employees shall receive pay for official holidays at their normal rate of
pay; provided they are in pay status the last regular shift to which they would have been
assigned prior to the holiday and the first regular shift to which they would have been
assigned following the holiday.
9.2.4 Sick Leave:
A. The basic sick leave policy of the Village shall be to earn one (1) day of sick leave for
each month of employment.
B. All regular full -time employees are eligible to earn one (1) day of sick leave per month of
employment. All regular full -time employees who work less than a full month due to
separation during the month or leave of absence without pay shall not earn sick leave
credits for that month.
C. Employees taking sick leave shall be compensated at their straight time hourly rate of pay
for the time off work. Sick leave shall continue to accrue during periods of authorized
absence on which the employee is in active pay status. An employee may accrue an
unlimited number of sick days for uses in the event he or she is sick. However, an
employee terminated for cause shall not be entitled to receive accumulated sick leave
pay. Cause shall include theft, intoxication on the job, violence or threat of violence,
conviction of a felony, negligent, careless or intentional performance that results in
damage to property or individuals or the risk thereof, performance problems which are
determined to be due to skill deficiency rather than rule violations or neglect of duty, or
APPENDIX A
any cause for termination identified in any then applicable collective bargaining
agreement or the personnel policies as amended from time to time. Regular employees
shall receive, upon voluntary termination, retirement or death, while in the service of the
Village, a sick leave payment of fifty percent (50 %) of the unused, accrued sick leave
days, not to exceed thirty (30) days total.
D. Uses of sick leave shall not be authorized prior to the time it is earned and credited to
the employee and shall only be used with the approval of the Department Head for
the following reasons:
1. Employee's personal illness.
2. Medical or health treatment which is necessary during working hours.
3. Quarantine due to exposure to contagious disease.
4. In connection with workers' compensation
5. Pregnancy and maternity of employee.
6. When required to personally attend to an immediate family member who is
seriously ill. For purposes of this provision, family member is defined as parent,
child, sibling, uncle, aunt, first cousin, nephew, niece, spouse, parent -in -law, son -
in -law, daughter -in -law, sibling -in -law, step - parent, step - child, step - sibling, half -
sibling, grandchild or grandparent. Additionally, in the Village's sole discretion,
the Department Head, Human Resources Director, or the Village Manager may
require medical certification regarding the necessity for the employee's absence.
7. Any qualifying FMLA reason.
E. In situations where a foreseeable absence due to a qualifying sick leave reason arises,
the employee must provide no less than 30 days written notice to the Department
Head or to Human Resources. An employee who is unexpectedly incapacitated and
unable to work shall notify the Department Head no later than thirty (30) minutes
after the scheduled reporting time, or before the start of the scheduled shift for Public
Safety employees, giving reason for absence and expected period of absence. This
procedure shall be followed for each day the employee is unable to work unless prior
approval is given by the Department Head or for approved FMLA absences. The
Department Head shall determine to his/her satisfaction that an employee was
actually too ill to work. Also, the Department Head shall:
1. Investigate suspected abuse of sick leave privileges.
2. After three (3) consecutive workdays of absence, require a medical certification
of the employee's illness before authorization of any additional sick leave by
the employee. Additionally, a Department Head may require that an employee
provide a medical certification of the employee's illness where in the sole
discretion of the Department Head, Village Manager, or Human Resources it
appears the employee is abusing sick leave.
3. After three (3) consecutive workdays of absence, or where it appears the
absence is due to a reason qualifying for FMLA regardless of the length of the
absence, the Department Head must notify Human Resources that the employee
may have an absence giving rise to qualification under the FMLA policy.
Human Resources shall provide the employee with the FMLA Eligibility and
Notice of Rights within 5 business days.
4. If a medical certification furnished by the employee is questionable, require the
employee to submit to a medical examination which shall be paid for by the
Village. Based on this medical examination, the Department Head shall:
APPENDIX A
a. not approve further use of sick leave if the employee is evaluated as fit for
work.
b. allow the employee to use accrued sick leave until all sick leave has been used
or until the employee is able to return to work (whichever occurs first) if the
employee is evaluated as unfit for work.
5. An employee who, upon the request by the Department Head, refuses to comply
with these rules shall not be eligible to use accrued sick leave.
6. Abuse of sick leave privileges or a false claim for sick leave shall be considered
sufficient cause for dismissal. Abuse of sick leave shall include, but not be limited
to, an employee taking sick leave as it is earned, establishing a pattern of taking
certain days off without any medical basis, or requesting sick leave after other leave
of absence requests have been denied. Abuse of sick leave may also be
demonstrated by an employee's failure to maintain an adequate sick leave balance,
as determined in the Village's sole discretion. The employee must ensure that
he /she has sufficient sick leave available before requesting or taking time off under
the sick leave policy. Additionally, a Department Head may require that an
employee provide a medical certification of the employee's illness where in the sole
discretion of the Department Head, Village Manager, or Human Resources it
appears the employee is abusing sick leave. The Village Manager may require
review of any suspected abuse situation and take appropriate disciplinary action
should abuse be confirmed.
7. Should a holiday occur during an employee's sickness, the sick day shall be charged
as a holiday.
8. An employee who has less than six (6) months of service with the Village and
separates from the Village for any reason, shall forfeit all unused sick leave credits.
9. Sick leave payment for deceased employees shall be remitted to the estate of the
deceased. However, in the Village's sole discretion, payment may be made directly
to the spouse, or if no spouse, to the child(ren) over 18 years of age, or if no
children, to the employee's father or mother in accordance with Florida Statute
222.15, as amended from time to time.
10. A sick leave pool may be established on a volunteer basis to allow non-
probationary, regular full -time employees who have used up all their sick leave,
compensatory and vacation leave due to FMLA eligible illness to draw, or use, up
to thirty (30) days sick pay subject to the recommendation of the respective
Department Head and the approval of Village Manager. The availability of "usable
days" in the pool is determined by the sick leave time donated by other employees.
11. Regular full -time (non - probationary) general employees who do not use any sick
leave within any continuous (6) six -month period are eligible to earn eight (8) hours
annual leave time as incentive for not using sick leave. Bargaining unit employees
shall receive sick leave incentive(s) in accordance with their respective collective
bargaining agreement, unless otherwise negotiated.
9.2.5 Bereavement Leave: Regular full -time employees are entitled to a maximum of three (3)
days of leave with pay for a death (or a critical illness in which death appears to be
imminent) in the family which is defined as: father, mother, son, daughter, brother, sister,
uncle, aunt, first cousin, nephew, niece, husband, wife, father -in -law, mother -in -law, son -in-
law, daughter -in -law, brother -in -law, sister -in -law, step- father, step- mother, step -son, step-
daughter, step- brother, step- sister, half - brother, half - sister, grandchild or grandparent. Any
APPENDIX A
additional unpaid time which may be granted and charged to accrued and unused
vacation leave shall be at the discretion of the Village Manager.
9.2.6 Reserved.
9.2.7 Jury Duty and Other Legal Duties:
A. Employees who are summoned to jury duty by a court of competent jurisdiction will
be granted time off with pay. Any employee who is released from jury duty and has
more than half a normally scheduled workday remaining, shall report to work as
soon after release as possible.
B. Employees shall be granted leave with pay for appearance before a court, legislative
committee or other body as a witness in a proceeding involving the federal
government, State of Florida, or a political subdivision thereof in response to a
subpoena or direction by a proper authority if such attendance is in connection with
the employee's official duties. Such leave shall be approved by the Village Manager.
9.2.8 Meetings, Conferences, or Conventions: Regular full -time employees may attend
conferences, conventions, training programs or other meetings if such attendance is in
connection with the employee's official duties. In all cases the best interest of the Village
shall prevail in granting time off from work. The Department Heads shall approve the
time off and shall notify the Village Manager. The Village Manager may authorize travel
time and/or expenses necessary to attend such meetings. Probationary employees may be
sent for required certified training courses upon approval of the Department Head and
the Village Manager.
9.2.9 Military Leaves:
A. Annual Military Leave
1. All commissioned reserve officers or reserve enlisted personnel in the United States
military or naval service or members of the National Guard shall receive a leave of
absence without loss of vacation leave, pay, time or efficiency rating, on all days
during which they are engaged in training ordered under the provisions of the United
States military or naval training regulations when assigned to active or inactive duty.
In any one annual period, leaves of absence shall not exceed 240 working hours
provided that leaves of absence for additional or longer periods of time for
assignment to duty functions of a military character shall be granted without pay and
without loss of time or efficiency rating.
2. Employees will notify their Department Head as soon as they are informed of
military service dates. If employees receive written drill schedules for a period of
time, they will send a copy of the schedule for all scheduled drill at one time.
Department Heads will not require employees to request a leave for each drill,
providing schedules remain unchanged.
APPENDIX A
a. The employee shall be required to submit a copy of orders or statement from the
appropriate military commander as evidence of such duty to the Department
Head. The orders or statement must be sent to the Village Manager at least ten
(10) days in advance of scheduled date of departure for proper approval for
military leave of absence.
3. Employees must submit a copy of their military orders immediately upon receipt of
the orders. If an employee's military unit divides their two -week annual training
requirements into two or more time frames, this must be indicated with an attached
cover memo.
4. Employees will not be required to, but may choose to use their accrued annual and
holiday leave balance for military requirements once they have exhausted their paid
military leave.
B. Military Leave for Active Duty (Actual Theater of Operations)
1. US Army, Air Force, Navy, Marines, or Coast Guard members called to active duty
by order of the President of the United States to participate or support an actual
theater of operations (defined as the land, sea, or air area directly involved in war
operations) will be granted up to 30 calendar day paid military leave. The 30 days of
paid leave will be for time spent on active duty, in addition to the annual 240 hours of
paid military training leave described above.
2. Employees called to active duty by order of the President of the United States will
give their Department Head as much information as possible, as soon as possible.
Employees will forward a copy of the operational order, through their Department
Head, to the Village Manager for review when the order is received.
3. Air/National Guard members activated by order of the Governor of Florida for
humanitarian or civil unrest will be entitled to 30 calendar days of paid military leave,
in addition to the annual 240 hours of paid military training leave described above.
Employees will forward a copy of the activation order, through their Department
Head, to the Village Manager for review when the order is received.
4. Employees seeking to invoke military leave shall provide advance notice to the
Village unless such notice is precluded by military necessity or otherwise impossible
or unreasonable as interpreted under applicable law.
5. Employees on military leave for periods of more than 30 days shall provide the
Village with such documentation that can be used to establish the employee's basic
eligibility for protection under the Uniformed Services Employment and
Reemployment Rights Act of 1994. If the employee is unable to provide satisfactory
documentation of military service in excess of 30 days, the Village reserves the right
to contact the military unit with assistance from the employee to obtain such
documentation.
6. Military health coverage will be activated as soon as members are called to active
duty by the President of the United States.
7. To receive the Village insurance benefits after military benefits cease, employees
must contact the Human Resources Director to request coverage during the unpaid
military -leave lag time between military coverage and returning to Village
employment.
C. Induction or Enlistment into Military Service: Any regular full time employee who
enlists or is inducted into the armed services for active duty, shall be granted a military
leave of absence without pay for the initial period of enlistment. All monies due the
APPENDIX A
employee (i.e., sick, vacation, holiday time, etc.) shall be paid at the time of his/her
leaving Village employment to enter active military service.
D. Health Insurance Benefits:
1. Employees have the right to elect continued health insurance coverage for themselves
and their dependents during periods of military service. For periods of unpaid leave
of up to 30 days of training or military service, the Village will require employees to
pay their share, if any, of the cost of the coverage.
2. For longer periods of unpaid leave, the Village will charge employees the entire
premium unless otherwise directed by the Village Manager.
E. Reinstatement from Military Service:
1. Upon termination from active military service, an employee who wishes to return to
Village employment shall be eligible for reinstatement or re- employment within one
year after date of separation from the military service pursuant to Chapter 295,
Florida Statutes. An employee requesting reinstatement with the Village shall
submit to a medical examination to establish the fact that he /she is physically and
mentally capable of performing the duties of his /her position.
2. An employee returning to Village employment in his/her position shall start at the
salary he /she would have received, including all adjustments, had he /she
remained continuously in the service of the Village instead of entering the armed
services. The period of military leave is not considered a break in employment.
3. If the position vacated by an employee who entered the military service is
reclassified or re- titled during his /her period of military service, such employee
shall be entitled to be reinstated in the new or revised position, unless the
employee is not capable of satisfactorily performing the duties of the position. If
the former position has been abolished or if he /she is incapable of satisfactorily
performing the duties, the employee shall be entitled to reinstatement in a
position as nearly comparable as possible in salary and duties to the position
he /she vacated, providing vacancies exist.
9.3 Sick Leave Reimbursement:
9.3.1 Purpose: The purpose of the annual sick leave reimbursement policy is to establish
guidelines and criteria by which, eligible employees may submit to the Village a
reimbursement request for certain levels of unused sick leave.
9.3.2 Criteria:
A. This policy is applicable only to those employees not covered by a collective bargaining
agreement.
B. In accordance with Section 9.2.4 "Sick Leave ", an employee can earn one (1) day of sick
leave for each month of employment. This is referred to as sick leave credits. In the
defining and implementation of this policy, all remaining aspects of Section 9.2.4 remain
in effect and take priority over this reimbursement policy.
C. When an employee accumulates four (4) years worth of sick leave credits (i.e. 48 days),
they will have achieved the minimum threshold base making them eligible for
reimbursement.
APPENDIX A
D. Once the employee has reached the base, all hours accumulated above the base are
eligible for reimbursement by the Village.
E. Reimbursement by the Village will be on a 50% basis whereby for every sick day credit
above the base held by the employee the Village will reimburse one -half of that credit
based on the employee's hourly wage rate. .
F. The reimbursement will be strictly voluntary at the request of the employee. The
employee can only submit a request once per year during the month of May. The Village
will be obligated to reimburse the employee for its sick leave credit request no later than
November 30 of each year. Where an employee is separated from employment for any
reason after the reimbursement request has been made, but prior to payment of the
reimbursement, any payout to the employee shall be payable in accordance with Section
9.3.2 H and not based on the unpaid reimbursement request.
G. Once the employee has received reimbursement for the credit above the base, the
employee no longer possesses those sick leave credits, but loses them due to the
reimbursement of the credit. The base is not applicable to an employee contributing to a
sick leave pool as delineated in Section 9.2.4 E(10) If the employee contributes sick
leave days to a pool, or uses sick leave days for illness and their overall total days/hours
of sick leave drop below the base, they simply have to earn sick leave credits back until
they meet the base to be eligible for reimbursement.
H. In the event an employee retires, dies, or voluntarily terminates from the
employment of the Village, the employee shall receive payment for unused sick
leave time equal to fifty percent (50 %) of the unused accrued sick leave time, up to
a maximum cap of thirty (30) days. Payment for deceased employees shall be
remitted to the estate of the deceased. However, in the Village's sole discretion,
payment may be made directly to the spouse, or if no spouse, to the child(ren) over
18 years of age, or if no children, to the employee's father or mother in accordance
with Florida Statute 222.15, as amended from time to time.
9.3.3 Application:
A. The Finance Director will be responsible for establishing a reimbursement form
and accounting for the base and other data necessary to financially administer this
program in accordance with applicable wage and hour laws.
B. The employee will be required to sign a certificate /affidavit confirming that the
reimbursement for the sick leave credits is final and will not be subject to the
grievance process.
9.4 Unused Vacation Reimbursement:
9.4.1 Purpose: The purpose of the annual vacation leave reimbursement program is to
establish guidelines and criteria by which eligible employees may submit to the Village
a reimbursement request for certain levels of unused vacation.
APPENDIX A
9.4.2 Criteria:
A. This policy is applicable only to those employees not covered by a collective
bargaining agreement.
B. In accordance with Section 9.2.1 B, regular full -time employees can earn up to a
certain number of days based on their length of service with the Village for purposes
of vacation. In accordance with Section 9.2.1 B(5), the employee cannot accrue more
than two years worth of vacation time.
C. When an employee uses ten (10) days of vacation time (i.e. 80 hours) in the same
year for which he requests reimbursement, he will have achieved the minimum
threshold base for the reimbursement program.
D. Once the employee has reached the minimum threshold base, the employee will be
eligible for reimbursement by the Village of any unused vacation days.
E. Reimbursement by the Village will be on a 100% (dollar for dollar basis) whereby
for every unused vacation day above the ten days (80 hours), the employee will be
reimbursed at his current hourly rate for each hour /day of unused vacation time.
F. The reimbursement will be voluntary at the written request of the employee. The
employee can only submit a written request during the month of October,
immediately following the fiscal year for which his request is made. The Village will
be obligated to reimburse the employee for his annual vacation leave reimbursement
request no later than the November 30 following the fiscal year for which his request
is made. Where an employee voluntarily terminates, retires or dies after the
reimbursement request has been made, but prior to payment of the reimbursement,
any payout to the employee shall be payable in accordance with Section 9.2.1 B(5)
and not based on the unpaid reimbursement request. Employees who are
involuntarily terminated after the reimbursement request has been made, but prior to
payment of the reimbursement, shall not be paid the reimbursement and are not
eligible for payment under Section 9.2.1 B(5).
G. Once the employee has received reimbursement for the unused vacation time above
the minimum threshold base, the employee no longer possesses those unused
vacation days but loses them due to the reimbursement. Any time an employee's .
overall total days /hours of vacation time drops below the minimum threshold base,
they become ineligible for reimbursement until such time as their minimum
threshold base has been achieved.
H. The Finance Director will be responsible for establishing a reimbursement form and
accounting for the base vacation days and other data necessary to financially
administer this program.
I. The employee will be required to sign a certification/affidavit confirming that the
reimbursement for the annual vacation leave days/hours is final and will not be
subject to the grievance process.
APPENDIX A
J. The employee will be reimbursed at the hourly rate earned as of September 30 for
the fiscal year for which application was made.
APPROVED
Ed Green
Village Manager