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R-18-07VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS RESOLUTION NO. R-18-07 A RESOLUTION APPROVING AN AMENDMENT TO THE PERSONNEL POLICIES AND PROCEDURES OF THE VILLAGE OF DEERFIELD WHEREAS, the last comprehensive update of the Village's Personnel Policy Manual was approved in 2016; and, WHEREAS, Village staff and the Village attorney have reviewed the current Personnel Policy Manual and have recommended that the Village Board approve a revised Personnel Policy Manual as provided herein; NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in the exercise of its home rule powers, as follows: SECTION 1: That the "Village of Deerfield Personnel Policies and Procedures" manual dated as of May 21, 2018, a copy of which is on file in the office of the Village Manager and which is incorporated by reference into this Resolution, is hereby authorized and approved as the Personnel Policy Manual of the Village of Deerfield. SECTION 2: That said Personnel Policy Manual shall be effective as of May 21, 2018, and all prior Personnel Policy Manuals are hereby superseded. SECTION 3: That this Resolution, and each of its terms, shall be the effective legislative act of a home rule municipality without regard to whether such Resolution should: (a) contain terns contrary to the provisions of current or subsequent non -preemptive state law; or, (b) legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of this Resolution should be inconsistent with any non -preemptive state law, this Resolution shall supersede state law in that regard within its jurisdiction. SECTION 4: That this Resolution shall be in full force and effect from and after its passage and approval as provided by law. PASSED this 21" day of May, 2018 AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers NAYS: None ABSENT: None ABSTAIN: None APPROVED this 21s' day of May, 2018 ATTEST: Village Clerk -2- Village President Village of Deerfield Personnel Policies and Procedures ARTICLE V - GROUP INSURANCE POLICIES ARTICLE VII - LEAVE POLICIES 7.2.4 PAYOUT OF SICK LEAVE AT RETIREMENT To be eligible for accrued sick leave payment, an employee must have been employed by the Village for at least 15 consecutive years or must be retired and drawing a pension from the Illinois Municipal Retirement Fund (IMRF) or the Police Pension Fund. The employee must also be in good standing upon leaving the Village. Two months after retirement, employees will be paid out 50% of their accumulated unused sick leave balance. The maximum payout is 80 days at a rate equal to the employee's normal pay at the time of retirement. A cash payout will not be provided to the employee; rather the Village will make a contribution equal to the amount designated above into a mandatory retirement health savings plan as designated by the Board of Trustees. If an employee has more than 160 days accumulated, he/she shall only receive credit for 160 days, which will be equal to 80 days' full pay. A Department Lead-in g>od_stan_ipo dingn retirement may_hav_e the oppo�tunity_to exceed the 80 daap d y_cescribed above._ At the discretion of the Village Manger, an additional l00 daysot sick time pavout mav be added to the Retirement Health Savings account. mr.7-9... ARTICLE VII - LEAVE POLICIES 7.2.4 PAYOUT OF SICK LEAVE AT RETIREMENT To be eligible for accrued sick leave payment, an employee must have been employed by the Village for at least 15 consecutive years or must be retired and drawing a pension from the Illinois Municipal Retirement Fund (IMRF) or the Police Pension Fund. The employee must also be in good standing upon leaving the Village. Two months after retirement, employees will be paid out 50% of their accumulated unused sick leave balance. The maximum payout is 80 days at a rate equal to the employee's normal pay at the time of retirement. A cash payout will not be provided to the employee; rather the Village will make a contribution equal to the amount designated above into a mandatory retirement health savings plan as designated by the Board of Trustees. If an employee has more than 160 days accumulated, he/she shall only receive credit for 160 days, which will be equal to 80 days' full pay. A Department Lead-in g>od_stan_ipo dingn retirement may_hav_e the oppo�tunity_to exceed the 80 daap d y_cescribed above._ At the discretion of the Village Manger, an additional l00 daysot sick time pavout mav be added to the Retirement Health Savings account. Village of Deerfield Personnel Policies and Procedures 7.5.0 FAMILY AND MEDICAL LEAVE Qualified employees shall be granted leave under the provisions of the Family and Medical Leave Act of 1993 (FMLA). This leave will provide up to twelve weeks of job protected absence from work during a 12 month period for the following family and medical reasons: • To care for a serious health condition that makes the employee unable to perform his/her job. • To care for the employee's immediate family member who has a serious health condition. • To care for the employee's child after birth, or the placement of a child with the employee for adoption or foster care. • Because an employee is unable to perform their job due to pregnancy, prenatal medical care or child birth. Employees who have been employed by the Village for at least one year and have 1,250 hours of service during the twelve months immediately preceding the leave shall be granted family and medical leave. Employees are entitled to 12 work weeks of FMLA leave during a 12 month period. The 12 month period is measured from the date the employee's first FMLA leave begins. For purposes of this section, "serious health condition" means an illness, injury, impairment or mental condition that involves in-patient care in a hospital, hospice or residential medical care facility or continuing treatment by a health care provider. "Continuous treatment" means that the employee or family member is treated by a health care provider two or more times for the injury or illness, or the person is under continuing supervision for a chronic condition or disability that cannot be cured. An employee must provide the Village at least 30 days advance notice before FMLA leave is to begin when the need for leave is foreseeable. If the leave is not foreseeable due to lack of knowledge of approximately when leave will be required to begin, a change in circumstances or a medical emergency, notice must be given as soon as practicable. delay of the beginning of FN4LA leave until a4 least 30 days after the date the empleyee dams provide In_cascs ti --here an ernplayee requests_I_eavcor the emplovec's own serious health ---------------- condition or to_care for -_---------i----- --------- the Village_ma�_rectuire medical ceruficatign from health care provider to support the request_ These forms are the federal ly_apprgyedvusion and will he provided by thc_liuman_Resource Coordinator the medical -certification must he mos_ided within 15 days after it is 2 Village of Deerfield Personnel Policies and Procedures requested oras soon as_reasonablvpossible under -t-lie - circumstances. Pailrur to ---------------------------- pro_vide requestedncical_certification_in a_timclv_manner_mav result in_denial of leave until iiispro_v_ided. If the Villagehas reaso i to doubt the employee_s_initial certification_, the Village mav; ta-contact the employee's health care provider in an effort to clarify_ or authenticate the initial certification: and/or fbl reaulre_the_emplovee contact or to obtain a second opinion by independent Village-tlesi ratedprov_ider at the_Village's expense_If the initial and second certifications differ. theVillaze_may, at its expenserecyuire the enployce_to obtain a third_ final_ and -binding certification_ from a jointly_ selected health-care provider. An owplayee toast fir -qt ,.mhall..t ..:,.1, lee.,e (if eligible) and vaeation or other 7 redits I.eF ..,, 1,e/..L,,. :., el:..:l.le F . i' 41 A lenyp, _F,tnployces_are jqquired to_suhstitute-all -accrued paid -leave iode toward the 12 -week perof unpaid FMLA-leave. Leave -will -be paid first with accrued -sick-] eave, then vacationttnd finally Dersonal. In_ addition_ if you are elgible_1'orany_additional_paid heaves, such as short termdongterm disabilitvgr worker's tion, these leaves ----------- will also run concurrently_ with FML (where approprfateL and_w11I_ngt eYtcnd_the IEave penod.__When_using_paid teave_in_conrunction_with FMI,_employe_e_s_ must comply_with the requirements of th_e applicable paid leave policy. An employee's health care benefits shall be maintained by the Village during the FMLA period under the same conditions as if he/she had been continuously employed during the leave period. To the -extent - extent_ that - an empkwee's_ --- - FMLA leave is paid_ the ------------- employec's _portion_of' _ health _ insurance premiums_will ----- be deducted from the ------------------- cmployee's salary, For cheportion of I�MLA leave that is unpaid, the employee's portion _of heal_tlt_insurancc prcmiiims mav_he paid otrrsuant to a system voluntarily_ agreed to by_the_Village and the employee. During_ l'MLA leave the Village _mav _ request that_ the_ emploec _provide recertification of a serious health -condition -at -intervals in accordance with the FMLA_ In addition during-FMLAIeav_e the employee mustprovide the Village with_periodic reports regarding the employee's status_and intent to return to work, if the employee's anpcipated return to work date chances and it becomes necessary for the employee to take more or less leave_than ori_ginallv_anticioated_the employee must -provide -the Villau_e_with -reasonable -notice _(i_e -within -2- business days) of the -employee's changed_circum stances and new _return _to work date. If the emplo q!e gL es_the Villae_noticcef the enptoyce s intent not to return to work . the _emoloyce will be considered to have voluntarily resigned, Village of Deerfield Personnel Policies and Procedures WIN I! O"IMIN-111- Upon rehrrrtinglrom FMLt1 leav_e,_vt employee released_1'or lull duty will be reinstated to the employ_ee's grigj�na]_gr equivalent position with equiy�alentpay_a id benefits and othcr_tei7m and conditions of e ployment_ In the case qf' an_cmplovice's own serious health conditi-- pj vsician's statement certi_fyinpthe empknee_'sgbility_topErl<irm the essential functions of the Lob is required._Enplovees _failingto proyrde the cerhtication will -not -be resumcyygrk until itis Provided. 7.8.3 BEREAVEMENT LEAVE Employees may, upon the recommendation and at the discretion of the Department Head and with the approval of the Village Manager, be granted up to three days with pay to attend the funeral of any of the following relatives: spouse, parent, child, grandchild, stepchild, sibling, father/mother-in-law, grandparents, and_grandparentq- in -lava. or any other relative living in the same household with the employee. This leave may be extended up to a total of five days with the approval of the Village Manager. Time allowed in each circumstance is governed by the immediacy of the relative and the distance to be traveled to attend the funeral, among other considerations. Requests for funeral leave will be considered as soon as possible following notice of the bereavement. All cmpfo}_ccs eligible for leave under the_T_ederal Family -and Medical Leave Act -of 1993_ithe_ FMLA:) shall be eligible_ior bereavement leave in -accordance -with -the Illinois Child Bereavement Lcave_Acttthe_Act Zwdiich prov_ities_up tu_rmasimum of 2 weeks tl0 work daysIof unpaiti_bereavement_leaye to: Cl} attend the Funeral or altexnativc to a funeral gf a child_t.'!make arrangements_necessitatcdhy_the_ine__ of the child; ort.)_ ricvc the death ofa child. The Act_ defines- _`cliild"_as an employee's_son_gr dluphter_who is_a biological, adopted or foster chil_d_a stepchild�a legal yvard or a childof' person standin in locoparentis (in place of parent!.. Glible enployees_may_elect to_substitute accrued benefit time including sick_time for hereav_cment leave -under the Act._ If the _cmplgyq( does not_hav_e any_ accrued benefit time fyrpaid leave special circuma stances my be considered at the discretion of the Village Manager_ 4