HomeMy WebLinkAbout2024 07 15 Consent 306 Resolution 2024-14 Personnel Policy Sick LeaveCONSENT AGENDA ITEM 306
CITY COMMISSION AGENDA | JULY 15, 2024 REGULAR MEETING
TITLE
Resolution No. 2024-14 - Personnel Policy Sick Leave
SUMMARY
As an added incentive for staff retention and cost savings, payout for unused sick
leave would require all new staff, beginning October 1, 2024 to be employed by the
City for a minimum 3 years to receive 50% of their unused sick leave and after 5 years
of employment they would receive 100% of their unused sick leave.
FUNDING SOURCE
RECOMMENDATION
City staff recommends approval of Resolution No. 2024-14 which would revise current
Sick Leave in the City Personnel Policy to encourage staff retention and cost savings.
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City of Winter Springs
Resolution No. 2024-14
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RESOLUTION NO. 2024-14
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS, FLORIDA, AMENDING SECTION 25 OF THE
CITY’S PERSONNEL POLICIES; PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT RESOLUTIONS; SEVERABILITY; AND AN
EFFECTIVE DATE.
WHEREAS, the City of Winter Springs is granted the authority, under Section 2(b), Article
VIII, of the State Constitution, to exercise any power for municipal purposes except when
expressly prohibited by law; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, has, from time
to time, adopted and revised personnel policies for the proper administration of human resource
matters, and has most recently amended the personnel policies via Resolution 2023-22; and
WHEREAS, Section 25, Sick Leave, of the City’s personnel policy is in need of updating;
and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this
Resolution to be in the best interest of the public health, safety, and welfare of the citizens of
Winter Springs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The following recitals are true and correct and hereby fully
incorporated herein by this reference as part of this Resolution.
Section 2. Amendment of Personnel Policies. Unless otherwise provided or
superseded by City Charter, City Ordinance, state, or federal law, the administration of personnel
matters affecting City employees shall be governed by written personnel policies and procedures.
This Resolution amends Section 25, Sick Leave, of the City’s Personnel Policies, such Section
being attached hereto as Exhibit “A” and fully incorporated herein by this reference. All other
Sections in the Personnel Policies as adopted via Resolution 2023-22 shall remain unchanged.
Section 3. Repeal of Prior Inconsistent Resolutions. All prior inconsistent
resolutions adopted by the City Commission are hereby repealed to the extent of the conflict.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Resolution is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct, and independent provision, and such holding shall not affect the
validity of the remaining portions of this Resolution.
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City of Winter Springs
Resolution No. 2024-14
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Section 5. Effective Date. This Resolution shall become effective immediately
upon its adoption by the City Commission of the City of Winter Springs, Florida.
RESOLVED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the _________ day of ______________________________, 2024.
______________________________
Kevin McCann, Mayor
ATTEST:
________________________________
Christian Gowan, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
________________________________
Anthony A. Garganese, City Attorney
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City of Winter Springs
Resolution No. 2024-14
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EXHIBIT A
AMENDMENT TO PERSONNEL POLICY, SECTION 25
The City of Winter Springs Personnel Policy, Section 25, is hereby amended as follows:
(underlined type indicates additions to the Personnel Policy and strikeout type indicates deletions,
while asterisks (* * *) indicate a deletion from this Resolution of text existing in the Personnel
Policy. It is intended that the text in the Personnel Policy denoted by the asterisks and set forth in
this Resolution shall remain unchanged from the language existing prior to the adoption of this
Resolution):
* * *
SECTION 25
SUBJECT: SICK LEAVE
25.1 Rate of Accrual – Sick Leave
Sick leave shall accrue as set forth below:
Full-time: 40-Hour Work Week / Hours Per
Biweekly Accrual
42-Hour Work Week / Hours Per
Biweekly Accrual
Biweekly Accrual 3.692307 3.876923
25.2 Maximum Accrual – Sick Leave
For employees hired PRIOR to June 1, 2023, sick leave may accrue to a maximum of hours shown as set
forth below. The City has a Sick Leave Buy Back Plan outlined in Section 25.5:
Full-time: 40-Hour Work Week 42-Hour Work Week
Maximum Accrual 960 Hours 1,008 Hours
For employees hired AFTER June 1, 2023, sick leave may accrue to a maximum of hours as set forth
shown below. The City has a Sick Leave Buy Back Plan outlined in Section 25.5:
Full-time: 40-Hour Work Week 42-Hour Work Week
Maximum Accrual 480 Hours 504 Hours
25.3 Eligibility – Sick Leave
Employees accrue sick leave every biweekly pay period and are eligible to utilize time as it is accrued.
Under no circumstances will an employee be able to borrow against Sick Leave hours to be earned in the
future, or future or be paid in advance of the regular payday for Sick Leave hours.
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25.4 Use of Sick Leave
To receive pay for Sick Leave, the employee must notify the Department Head or immediate supervisor
according to his/her department’s policy. Sick Leave usage is intended to be used for personal illness, injury,
doctor’s appointments, for concurrent use with FMLA leave, or immediate family member illness, injury,
or doctor’s appointments requiring your assistance. or physical incapacity. The Department Head or
supervisor may request a written statement by a licensed medical physician certifying that the employee’s
condition prevented the employee from coming to work. Such statement a statement is typically required if
three or more consecutive calendar days are taken for Sick Leave.
Sick Leave may also be taken to care for members of the employee’s immediate household when they are
ill or physically incapacitated requiring the employee’s immediate attention.
Sick Leave may also be utilized to keep a doctor or dentist appointment.
25.5 – Sick Leave Buy Back Plan
Provided that the employee maintains the accrued balance as outlined below, the City will convert accrued
sick leave to pay one time once a year. calculated on December 1st and paid out to the employee by
December 15th. The employee must request the above action on a form provided by the Finance Department
and the buy back buyback of sick leave will be calculated on an hour for hour basis with the employee’s
hourly rate. as of December 1st. The timeline for the Sick Leave Buy Back program will be determined by
the City Manager on an annual basis.
40-Hour Work Week 42-Hour Work Week
Accrued Balance Conversion to Pay Accrued Balance Conversion to Pay
240 Hours 40 Hours 252 Hours 42 Hours
480 Hours 80 Hours 504 Hours 84 Hours
960 Hours 160 Hours 1,008 Hours 168 Hours
1,920 Hours 320 Hours 2,016 Hours 336 Hours
25.6 – Pay-Out Policy
Subject to the notice and provisions of Section 33 and 49 for voluntary resignation, unused accumulated
Sick Leave is 100% compensable for all employees hired PRIOR to October 1, 2024.
Subject to the notice provisions of Sections 33 and 49 for voluntary resignation, unused accumulated Sick
Leave shall be paid at the following schedule below for employees Hired AFTER October 1, 2024, to the
maximum accrual limits provided in Section 25.2:
Schedule of Distribution Compensation Percentage
0-3 years 0%
3years to 5 years 50%
5+ years of service 100%
All sick leave will be paid in a lump sum check following the final pay period.
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Any employee who is terminated as a result of a disciplinary action will not be eligible for an unused
accumulated Sick Leave payout. 100% compensated upon employment termination at the rate of pay which
is effective at termination up to the maximum accrual hours provided in Section 25.2 of this Policy, except
that employees terminated as a result of disciplinary action shall not be entitled to the unused accumulated
sick leave payout. Except as otherwise allowed in Section 25.7 below, the unused accumulated Sick Leave
shall be paid in a lump sum.
25.7 Sick Leave Use and Payout for Early Retirement Use and Pay Out for DEFINED Benefit
Pension Employees
Upon separation from employment, if If an employee is currently enrolled in the City’s Defined Benefit
Pension Plan or 401(a) plan and is eligible to receive the Sick Leave payout as provided in Section 25.6
above, the employee may elect to receive unused, accumulated Sick Leave paid via regular paychecks in
increments of 80 or 84 hours, as applicable, until the unused, accumulated Sick Leave is exhausted. The
employee’s contribution to the Defined Benefit Pension Plan or 401(a), applicable health benefit premiums,
and applicable taxes shall be deducted from the Sick Leave payout paychecks.
The option to receive the unused, accumulated Sick Leave via continued paychecks will be available to
employees currently enrolled in the City’s Defined Benefit Pension Plan or 401(a) plan only and for the
purpose of either
bridging to retirement to achieve retirement eligibility as provided below; or
accruing additional credited service time for purposes of determining pension benefits
To be eligible for Sick Leave Use and Pay-Out under this section, Defined Benefit Pension Plan an
employees must meet one of the following criteria as of the last day of either physical work or sick
bridging (or as otherwise provided in the Defined Benefit Pension Plan):
Age 65
Age 55 with 15 years of service to the City
Any age with 25 years of service to the City
Is an active participant in the City’s Defined Benefit Pension Plan
401(a) employees must be of Normal Retirement Age, 65 years of age: not less than 55 nor in excess of
65 in accordance with the IRS.
Nothing in this Section is intended to preclude an employee from purchasing additional credited service
years as provided in the Plan to achieve retirement eligibility.
25.8 Donating Accrued Sick Leave
Employees may donate accrued sick leave to another employee in the event of a catastrophic illness, injury,
or other extenuating circumstances. The employee requesting the donated sick leave must have used all of
all their accrued vacation leave, sick leave, and Personal Time Off leave before accepting donated time, and
the employee must be on an approved leave of absence by the City Manager. Also, as the employee accrues
additional vacation leave, sick leave, or Personal Time Off leave is made available, this time is used before
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the donated time is utilized. Donated time will be on an hour for hour basis for the employee who is
accepting the donated time regardless of hourly rate of pay. Employees’ sick leave donations are on donating
their sick leave does so on a voluntary basis with no expectation that the donated leave will be returned.
* * *
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