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Home My WebLink AboutResolution 2024-14 Amending Personnel PolicyRESOLUTION 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 Unless otherwise provided or superseded by City Charter, City Ordinance, state, or federal law, the administration of personnel matters affecting City employees shall be governed by written personnel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 All prior inconsistent resohitions adopted by the City Commission are hereby repealed to the extent of the conflict.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. City of Winter Springs Resolution No. 2024-14 Page 1 of 6 Section no 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 /.5 t" day of Tom. t %J , 2024. ATTEST: Christian Gowan, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: Anthony A. Garganese, City Attorney City of Winter Springs Resolution No. 2024-14 Page 2 of 6 Kevin McCann, Mayor ad .o o ra ;l aLaw dd V 'didad al a> T ' .: Stijl 't 0� 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): *** 25.1 Rate of Accrual — Sicic Leave Sick leave shall accrue as set forth below: Full-time: 40-Hour Work Week /Hours Per Biweekly Accrual 42-Hour Work Weelc /Hours Per Biweekly Accrual Biweekly Accrual 3,692307 36876923 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-s€t #er=tl} below. The City 17tas a Stek Leave Buy t5aett f4aft Effittined in Seetion 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 s�A* 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 Sicic Leave hours to be earned in the d� e, or future or be paid in advance of the regular payday for Sick Leave hours. City of Winter Springs Resolution No. 2024-14 Page 3 of 6 25.4 Use of Sick Leave To receive pay for Sick Leave, the employee must notify Lite Department Head or immediate supervisor aeeording to his/her depaFtment's polie Sick Leave usage is intended to be used for persona illness, in'ur doctor's appointments, for concurrent use with FMLA leave, or immediate family member illness, injuM or doctor's appointments requiring your assistance. physioal ineap oity. The Department Head or su ervisof may request a written statement by a licensed medical physician certifying that the employee's condition prevented the employee from coming to work. Such statemen a statement is typically required if three or more consecutive calendar days are taken for Sick Leave. r� PI - �.. wow weFM ...,.:�. 25.5 —Sick Leave Buy Back Plan Provided that the employee maintains the accrued balance as outlined below, the Ciry will convert accrued sick leave to pay one once a year, ealeulated on Deee , ber ist and paid out to the employee b Deee., ber , s*' . The employee must request the above action on a form provided by the Finn ee Depa •ftnen and the b" buyback of sick leave will be calculated on an hour for hour basis with the employee's hourly rate_ as of Deee beF 1st. The timeline for the Sick Leave Bumprogram will be determined by the City Manager on an annual basis. 40-Hour Worlc Week 2-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 r 920 uonZs o�zO�T�ToR nr 2,��o44oufs 44s 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 Com ensation Percentage 0-3 .Sears 0% 3years to 5year,,s 50% 5+ years of service 100% All sick leave will be paid in a lump sum check following the final pay period. City of Winter Springs Resolution No. 2024-14 Page 4 of 6 Any employee who is terminated as a result of a disciplinary action will not be eligible for an unused accumulated Sick Leavepayout. 1000 , sated upon employment termination at the rate E) fr,.<, « hie s effeetive at termination up to the maximum acemal hours provided in Seetion 25.2 of this Pokey; exeep that employees terminated as a result of diseiplinar-y aetion shall not be entitled to the unused aeounlulated. siek leave r vout. Excent as otherwise allowed in Section 25.7 below, the unused accumulated Sick Leave shall be paid in a iL!p sum. Jib Tr�^� ��^•�"^� �•^� �m�'^<m��+ ��' 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 e* 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 T^ >10 oi;^;r,lo V� ,. e:,.v r � n rr�o d p.,<, n„+III o,. +r,;� �o,.+;^.,� 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 i the Defined Benefit Pension Plan): • Age 65 • Age 55 with 15 yews of service to the City • Any age with 25 years of service to the City 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 Sicic 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 al�ef 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 City of Winter Springs Resolution No. 2024-14 Page 5 of 6 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 dig Their siekleave does so o a voluntary basis with no expectation that the donated leave will be returned. City of Winter Springs Resolution No. 2024-14 Page 6 of 6