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WORKING HOURS - PAY RATES - LEAVES***
The following chapter does not apply to the City Council, except as otherwise noted.
Sections:
4.06.010 Workweek.
4.06.020 Days off.
4.06.030 Overtime and compensatory time, and flex hours.
4.06.040 Shift differential.
4.06.050 Alternative scheduling.
4.06.060 Attendance.
4.06.070 Vacation.
4.06.080 Sick Leave.
4.06.090
Workers’ compensation (also applies to City Council).
4.06.100 Military Leave
4.06.110
Personal leave of absence.
4.06.120
Family and medical leave of absence.
4.06.130
Non-job-related jury or non-job-related court leave.
4.06.140 Holidays.
4.06.150 Emergency response.
4.06.160 Hours to vote.
4.06.170 Domestic violence leave.
4.06.180 Pay deductions.
4.06.190 Recording hours worked.
4.06.200 Workplace accomomdation for nursing mothers act.
4.06.210 Parental involvement in K-12 education act
4.06.010 Workweek.
All full-time employees work a minimum of 37 average hours in a workweek in a one-year period. Part-time employees normally work an average workweek of 20 to 36 hours in one year. (Ord. O-2009-43 § 1, 2009; Ord. O-2007-7 § 1, 2007; Ord. O-2004-39 § 1, 2004; Ord. O-2001-49 § 1, 2001; Ord. O-99-34 § 1, 1999; Ord. O-99-18 § 1, (part), 1999).
4.06.020 Days off.
Employees may have regular days off each week. In the event of an emergency, or when deemed necessary, an employee may be required to work on his/her off days. (Ord. O-2009-43 § 1, 2009; Ord. O-2007-7 § 1, 2007; Ord. O-2004-39 § 1, 2004; Ord. O-2001-49 § 1, 2001; Ord. O-99-34 § 1, 1999; Ord. O-99-18 § 1, (part), 1999).
4.06.030 Overtime and compensatory time.
A non-exempt employee who records and is paid for more than 40 hours in a workweek (or 80 hours in a two-week pay period for police agents, police sergeants, and court marshals) shall be paid time and one-half based on his/her hourly rate (overtime), or shall receive compensatory time at a rate of time and one-half. Overtime and comp time must be approved in advance by the supervisor. Flex time is an hour-for-hour exchange of time that can be used when an employee (other than police agents, police sergeants, and court marshals) works 40 hours of regular time in a workweek, but some of the time worked may be outside the normal eight-hour day. For example, an employee may work a 10-hour day and take off two hours early on another day to avoid overtime for the week. Flex time cannot be banked and must be used in the same workweek. A workweek begins on Sunday at 12:00 a.m. and ends on the following Saturday at 11:59 p.m. Police agents, sergeants, and court marshals may flex time in an 80-hour, two-week period. See Administrative Regulation “Overtime and Compensatory Time.” (Ord. O-2009-43 § 1, 2009; Ord. O-2007-7 § 1, 2007; Ord. O-2004-39 § 1, 2004; Ord. O-2001-49 § 1, 2001).
4.06.040 Shift differential.
For non-exempt, non-sworn personnel, a shift differential may be authorized via Administrative Regulation “Shift Differential.” (Ord. O-2009-43 § 1, 2009; Ord. O-2007-7 § 1, 2007; Ord. O-2004-39 § 1, 2004; Ord. O-2001-49 § 1, 2001).
4.06.050 Alternative scheduling.
The City has implemented an alternative scheduling program for employees who meet certain criteria. Alternative schedules may include stretch pay, time off without pay, teleworking, flex scheduling, and job sharing. Refer to Administrative Regulations “Alternative Scheduling” and “Teleworking” for detailed information. (Ord. O-2009-43 § 1, 2009; Ord. O-2007-7 § 1, 2007; Ord. O-2004-39 § 1, 2004).
4.06.060 Attendance.
An employee shall be at his/her place of work as assigned.
An employee who is unable to report to his/her place of work is required to notify his/her immediate supervisor prior to the start of a work shift or as designated by specific department directive. (Ord. O-2009-43 § 1, 2009; Ord. O-2007-7 § 1, 2007; Ord. O-2004-39 § 1, 2004; Ord. O-2001-49 § 1, 2001).
4.06.070 Vacation.
All regular and provisional full-time and part-time employees may accrue vacation time based on tenure and position.
A. Accrual and usage. Vacation accrues monthly for active employees who receive paid time through the second pay date of the month. Accruals stop when an employee’s total number of vacation hours reaches the maximum allowed. Accrued vacation may be used with supervisory approval.
B. Maximum accumulation. Maximum accumulation of vacation is based on hire date and position. Vacation hours in excess of maximum accumulations are not allowed except in rare circumstances, such as when the employee has been denied the opportunity to take vacation time by the City. This must be approved through the Department of Employee Relations.
C. Records of leave. The Finance Department shall maintain vacation records. Each department director shall maintain vacation schedules for the department’s employees.
D. Effect of holidays and vacations. When a holiday falls during an employee’s scheduled vacation, the holiday will not be charged against the employee’s accrued vacation hours.
E. Effect of sick leave. If an employee becomes ill while on vacation, the time off will be claimed as vacation. The department director may grant exceptions to this rule under extraordinary circumstances; for example, if an employee is hospitalized during a vacation.
F. Opportunity for leave and waiving of vacations. No employee may waive vacation in exchange for additional compensation. If City operations require an employee’s presence on the job, the employee shall not lose or forfeit any accrued vacation hours.
G. Payment for vacation. Upon termination, an employee shall be paid for all accrued vacation hours at his/her regular hourly rate. See the Employee Benefits Book for further information. (Ord. O-2009-43 § 1, 2009; Ord. O-2007-7 § 1, 2007; Ord. O-2004-39 § 1, 2004; Ord. O-2001-49 § 1, 2001).
4.06.080 Sick leave.
Regular and provisional full- and part-time employees accrue sick leave hours based on hire date and position. Sick leave shall be used when an employee is ill or injured for a non-job related reason, or for medical or dental appointments. Sick leave may also be used when the employee is needed to care for sick or injured immediate family members.
Additionally, sick leave may be used for the death of an employee’s immediate family member. Up to 40 hours of sick leave may be authorized, depending upon the circumstances. Refer to Administrative Regulations “Sick Leave” and “Family Medical Leave Act,” which describe in further detail the usage of sick leave. (Ord. O-2009-43 § 1, 2009; Ord. O-2007-7 § 1, 2007; Ord. O-2004-39 § 1, 2004; Ord. O-2001-49 § 1, 2001).
4.06.090 Workers’ compensation (also applies to City Council).
Employees injured on the job are entitled to workers’ compensation benefits as provided by the Workers’ Compensation Act. This self-insurance program offers medical bill payment and salary protection when work is missed due to the injury. An injured employee must notify his/her supervisor of the injury in writing immediately. Pursuant to Colorado Law, written notice must be given to the Risk Management Division, Department of Employee Relations, within four working days of the occurrence of the injury. (Ord. O-2009-43 § 1, 2009; Ord. O-2007-7 § 1, 2007; Ord. O-2004-39 § 1, 2004; Ord. O-2001-49 § 1, 2001).
4.06.100 Military leave.
Military leave may be granted to employees in accordance with applicable state and federal laws. Regular and provisional full-time employees are allowed 15 paid days off per year for military leave with advance written notice. Refer to Administrative Regulation “Military Leaves of Absence.” (Ord. O-2009-43 § 1, 2009; Ord. O-2007-7 § 1, 2007; Ord. O-2004-39 § 1, 2004; Ord. O-2001-49 § 1, 2001).
4. 06.110 Personal leave of absence.
A department director, in conjunction with the Department of Employee Relations, may grant a personal leave of absence to a regular or a provisional full- or part-time employee who has been employed by the City for at least 12 consecutive months. The employee must submit a written request describing the reason for the leave. A personal leave of absence may not exceed one year. The City Manager may grant a personal leave of absence to a department director. Temporary/seasonal employees are not eligible for a personal leave of absence. (Ord. O-2009-43 § 1, 2009; Ord. O-2007-7 § 1, 2007; Ord. O-2004-39 § 1, 2004; Ord. O-2001-49 § 1, 2001).
4.06.120 Family and medical leave of absence.
The City of Lakewood complies with the federal Family and Medical Leave Act to allow employees time off for personal or family medical situations. The City will provide eligible employees with up to 12 weeks of unpaid leave during a 12-month period, under certain qualifying circumstances. Qualifying circumstances may include an employee’s serious health condition, the birth, placement or adoption of a child, or an employee’s need to care for the serious health condition of a qualifying immediate family member. See the Administrative Regulation “Family and Medical Leave Act” for more specific information. (Ord. O-2009-43 § 1, 2009; Ord. O-2007-7 § 1, 2007; Ord. O-2004-39 § 1, 2004; Ord. O-2001-49 § 1, 2001).
4.06.130 Non-job-related jury or non-job-related court leave.
Regular and provisional full- and part-time employees shall be granted time off with pay when performing jury duty. Temporary and seasonal employees will be paid the first three days of jury service. Jury duty will be paid if the time served occurred during the employee’s normal work hours, or, if by attending jury duty, the employee was unable to work his/her normal hours. Hours spent performing jury duty will count as hours worked. The employee may keep stipends paid for jury duty.
An employee subpoenaed to appear before a court, administrative agency, or other official entity as a witness in a non-job-related matter may use accumulated personal leave, except for sick leave.
Employees who are parties in any non-job-related legal proceeding may use personal leave, except sick leave, when required for court appearances and other absences. (Ord. O-2009-43 § 1, 2009; Ord. O-2007-7 § 1, 2007; Ord. O-2004-39 § 1, 2004; Ord. O-2001-49 § 1, 2001).
4.06.140 Holidays.
The City Manager is authorized to designate City holidays for all employees.
Designated Police Department personnel and other City employees who are allowed or required to group holidays shall receive eight hours off with pay for each designated holiday.
Official City holidays that fall on Sunday shall normally be observed on the following Monday; those that fall on Saturday shall normally be observed on the preceding Friday. Refer to Administrative Regulation “Holiday Pay.” (Ord. O-2009-43 § 1, 2009; Ord. O-2007-7 § 1, 2007; Ord. O-2004-39 § 1, 2004; Ord. O-2001-49 § 1, 2001).
4.06.150 Emergency response.
Employees may be required to work to support essential services during large-scale emergencies affecting the City. This would normally include employees in essential positions, such as sworn personnel and police communications and records personnel. Essential employees are defined according to the type of emergency and the human resources needed. The supervisor of the areas affected by the emergency shall have the authority for scheduling, deployment, and overtime. Any non-essential employee may also be required to work to support essential services during large-scale emergencies affecting the City, and will be paid at his/her normal rate. See applicable Administrative Regulations “City Closing Policy,” “Overtime and Compensatory Time,” and “On-Call, Call Back and Unscheduled Split Shift Compensation.” (Ord. O-2009-43 § 1, 2009; Ord. O-2007-7 § 1, 2007; Ord. O-2004-39 § 1, 2004).
4.06.160 Hours to vote.
An employee registered to vote in a general election may be excused from work to vote on Election Day for up to two hours during polling hours (typically 7:00 a.m. to 7:00 p.m.). The employee must request the time off to vote prior to the day of the election. The supervisor may specify the hours during which an eligible employee may leave the workplace to vote, but if it is more practical for the employee to vote at the beginning or the end of the work shift, the employee may request that time. However, the supervisor may then specify whether the employee may leave at the beginning or end of his/her shift. An employee who chooses to vote via mail-in ballot is not excused from work on Election Day, and an employee who has at least three consecutive hours off already during polling hours must vote on his/her own time. (Ord. O-2009-43 § 1, 2009; Ord. O-2007-7 § 1, 2007; Ord. O-2004-39 § 1, 2004).
4.06.170 Domestic violence leave.
The City permits victims of domestic abuse, who have been employed with the City for 12 months or more, to take up to three working days of leave in any 12-month period to seek a civil protection order to prevent domestic abuse, obtain medical care or counseling for themselves or their children, make their homes secure, or seek legal assistance pertaining to these issues. Employees will be required to use appropriate personal accrued leave time if it is available; otherwise, the time will be unpaid.
See the Benefits Book for further information, and the Administrative Regulation “Leave for Victims of Domestic Abuse.” (Ord. O-2009-43 § 1, 2009; Ord. O-2007-7 § 1, 2007; Ord. O-2004-39 § 1, 2004).
4.06.180 Pay deductions.
The City of Lakewood makes a good-faith commitment to comply with the Fair Labor Standards Act and avoid improper deductions of hours or pay. Any employee who believes there has been an improper deduction should notify the Department of Finance. The appropriate department shall take prompt action to reimburse the employee if necessary, and to ensure further compliance. (Ord. O-2009-43 § 1, 2009; Ord. O-2007-7 § 1, 2007; Ord. O-2004-39 § 1, 2004).
4.06.190 Recording hours worked.
All non-exempt employees are required to record and submit all hours worked in the actual pay period in which the hours are worked. All hours in excess of 40 in a workweek (for police agents, sergeants and court marshals only, for all hours recorded over 80 in a two-week pay period) will be considered overtime and must be accurately recorded as overtime or compensatory time. (Ord. O-2009-43 § 1, 2009; Ord. O-2007-7 § 1, 2007; Ord. O-2004-39 § 1, 2004).
4.06.200 Workplace Accommodation for Nursing Mothers Act.
To comply with the Colorado Nursing Mothers Accommodation Act, the City of Lakewood makes reasonable efforts to provide break times and private rooms in which nursing mothers may express breast milk for up to two years after the child’s birth. Breaks may be paid or unpaid, depending on individual job descriptions and available leave. An employee wishing to express breast milk at work shall work with her supervisor to determine the location and break schedule. This law does not apply to police dispatchers or police agents and sergeants assigned to patrol, because of the emergency nature of their jobs. Refer to the Administrative Regulation, “Hours of Work.” (Ord. O-2009-43 § 1, 2009).
4.06.210 Parental Involvement in K-12 Education Act.
To comply with the Parental Involvement in K-12 Education Act, the City entitles non-executive, non-supervisory full-time employees up to 18 hours of leave a year (and not to exceed 6 hours a month) to attend a child’s school activities. Part-time employees take leave on a pro-rata basis. Eligible employees are required to use accrued vacation, holiday, and/or compensatory time. If no such accrued leave is available, the leave will be unpaid. Refer to Administrative Regulation, “Parental Involvement in K-12 Education Act.” (Ord. O-2009-43 § 1, 2009).
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