2340ORDINANCE NO. 2340
COUNCIL MEMBER ANDERSEN INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE SETTING AND FIXING THE COMPENSATION FOR THE EMPLOYEES
OF THE CITY OF BLAIR, NEBRASKA, NOT REPRESENTED BY FOP LODGE #83 FOR
THE FISCAL YEARS 2017/2018 AND 2018/2019; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS
ORDINANCE SHALL BE IN FULL FORCE AND EFFECT AND PROVIDING FOR
PUBLICATION OF THIS ORDINANCE IN PAMPHLET FORM.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR,
NEBRASKA.
SECTION 1. That, effective, October 1, 2017, the salary of the employees, not
represented by FOP #83, of the City of Blair, Nebraska shall be as set forth on the "Hourly Rate
Schedule," marked Exhibit "A" attached hereto and incorporated by this reference herein, and said
"Hourly Rate Schedule" is hereby accepted for a two-year period, subject to the increase referred
to in Section 2 and Section 3 herein below. In addition to the increase in salary as set forth
hereinabove, all employees of the municipality, not represented by FOP Lodge #83, shall be
entitled to coverage under the health and accident insurance, life insurance and such other benefits
as may be designated by the personnel manual.
SECTION 2. That, effective on the first pay period after October 1, 2017, the hourly
salary rate for all employees not covered by the contract between FOP Lodge #83 and the City of
Blair shall be increased two percent (2.0%) as set forth on exhibit "A" (Hourly Rate Schedule).
SECTION 3. That effective on the first pay period after October 1, 2018, the Hourly Rate
Schedule for all employees not covered by the contract between FOP Lodge #83 and the City of
Blair shall be increased two and one quarter percent (2.25%).
SECTION 4. That effective as of October 1, 2017, the Personnel Manual for employees
of the City of Blair, Nebraska shall be and hereby is amended as set forth on Exhibit `B" attached
hereto.
SECTION 5. All employees represented by FOP Lodge #83 shall continue to be governed
by the salary schedule and personnel policy as outlined in the most recently approved union
contract.
SECTION 6. That the wage, salary and benefit compensation established herein be and
hereby is accepted for a two-year period which consists of the 2017/2018 fiscal year and the
2018/2019 fiscal years.
SECTION 7. That all ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 8. That this ordinance shall be in full force and effect from and after its passage,
approval, and publication as provided by law.
PASSED AND APPROVED this 26th day of September, 2017.
CITY OF BLAIR, NEBRASKA
J S E. REALPH, MAYOR
ATTEST:
BRENDA R. WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. WHEELER, hereby certifies that she is the duly appointed, qualified and acting City
Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed at a
regular meeting of the Mayor and City Council of said City held on the 26th day of September,
2017.
r.
BRENDA R. WHEELER, CITY CLERK
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CHAPTER 7
EMPLOYEE DEVELOPMENT AND EVALUATION
7.1 Employee Development Policy
The City Administrator and department heads, shall establish appropriate programs to develop
the capacity of employees to render more effective service to the City. Such programs may
include formal courses, seminars, workshops, demonstrations, directed readings, special
assignments and other activities designed to improve employee knowledge, skill and job
effectiveness with due consideration for the personal career objectives of employees and the
enhancement of equal employment opportunity. Employee development activities shall be
conducted during regular working hours to the extent possible.
7.2 Performance Evaluation Requirement
The work performance of each regular employee shall be objectively evaluated on a periodic
basis. An evaluation, on the prescribed form, shall be made by the immediate supervisor acting
as rater and shall become official when reviewed and approved with any necessary modifications,
by the next higher supervisor, if any. Subject to any necessary delay to allow the rater to have
supervised the employee for at least three months, an employee's performance shall be evaluated
at the following times:
(a) A minimum of one time in the introductory period;
(b) Annually, on the employee's anniversary date of the current position.
(c) Whenever the supervisor desires to recognize meritorious or deficient service or
whenever an evaluation would otherwise be in the best interest of the City.
(d) Provided the employee has achieved an acceptable performance review and the
employee is not already at the top step of their current pay grade, the employee
will advance one step on the first day of the first pay period following the
anniversary date of his/her hiring or promotion. If employee does not receive an
acceptable performance review, the employee will be given three (3) months to
bring the review to acceptable, at which time the pay increase will be approved.
At the end of the three (3) months should the employee still receive an
unacceptable evaluation, the increase would be further withheld and the
employee would be subject to further disciplinary action.
7.3 Purpose of Evaluations
Performance evaluations are designed to help supervisors and employees measure how well work
is performed in relation to applicable job requirements, to encourage improvement in such
performance, and to provide a tool for management decisions concerning employee
development, eligible merit increases, retention, and other matters. Performance evaluations
may also be considered in making promotions to the extent that current or past performance may
City of Blair Employee Manual Chapter 7, page I
be relevant to the requirements of the positions to be filled. Performance evaluations, as well as
day-to-day feedback and counseling activities, shall be used to recognize and reinforce positive
performance and to correct negative performance. Employees shall be shown copies of their
performance evaluations for discussion and for acknowledgment by signature. Employees
disagreeing with their evaluations may seek adjustments through use of the established grievance
procedure.
City of Blair Employee Manual Chapter 7, page 2
CHAPTER 8
ATTENDANCE AND LEAVE
8.1 Work Schedules and Attendance
Department heads shall establish work schedules to meet the requirements of their department
which should be approved by the City Administration. Employees shall be at their places of
work as scheduled or shall provide timely notification to their supervisor or department head
prior to the first normal duty hour, or as soon as possible thereafter, if unable to report.
No employees regular schedule shall call for more than forty hours of work per week, or in
case of Police Officers not more than 80 hours in a 2 week pay period.
The City office shall be open from 8:00 a.m. to 4:30 p.m., Monday through Friday unless
otherwise approved. Non-exempt City Hall Staff shall observe one half hour lunch periods.
All other employees shall work schedules and lunch periods as approved by City
Administration.
Each employee shall be granted a twenty (20) minute rest period, during each one half (1/2)
day of work for relaxation from the regular routine of duty. The twenty (20) minutes shall be
from the time employee stops work at any work station until restarting work at that
work station or the next.
8.2 Overtime
Employees shall work overtime or shall be on call when necessary. All Supervisors shall
maintain a work schedule for their department that eliminates the requirement for automatic
overtime (including use of flex schedules), unless it is determined with the consent of the City
Administrator that due to the department's work load, mandatory overtime should be scheduled.
Overtime shall be worked only with specific authorization. Employees shall be reimbursed at
the rate of 1 1/2 time regular hourly rate for all hours worked in excess of 40 hours. (Exception:
Police Department — All officers covered by the contract with the FOP Lodge #83 shall be
governed by the current FOP contract. The Lieutenant shall be reimbursed at the rate of 1 1/2
time, the regular hourly rate for all hours worked in excess of 80 hours within a two (2) week
period and the Chief position shall be exempt from overtime).
8.3 Vacation Leave
Regular full-time employees and regular part-time employees normally working twenty (20)
hours or more per week shall be provided with paid vacation leave to allow them periods of rest,
relaxation, and freedom from the rigors of their jobs. Eligible full-time employees shall accrue
vacation leave Bi -Weekly at the following rates:
City of Blair Employee Manual Chapter 8, page I
Years of Regular City Service
Per Pay Period Accrual
Annual Accrual
Years 1 through 5
3.08 hours
80 hours
Years 6 through 9
4.62 hours
120 hours
Years 10 through 14
5.54 hours
144 hours
Years 15 through 19
6.15 hours
160 hours
Years 20 and over
6.77 hours
176 hours
Accrual rates for regular part-time positions will be pro -rated.
The following positions will receive 160 hours of vacation per year (6.15 hours per pay period)
for the first 19 years of service and then follow the schedule set forth for all employees.
(1) City Administrator 5) Police Chief
(2) Assistant City Administrator 6) Director of Public Works
(3) City Clerk 7) Library Director
(4) City Treasurer
Vacation leave shall be administered according to the following rules:
(a) No vacation leave shall be granted in advance of accrual.
(b) Requests for vacation leave shall be submitted at least 48 hours in advance;
however, the City Administrator can waive the notice requirement if the work
schedule allows it. For police officers, leave is governed by Police Department
procedures. Requests for vacation shall never be considered approved until the
Department Head or City Administrator gives final approval.
(c) Vacation leave may be taken following the pay period that it is earned.
(d) The City Administrator shall approve vacation leave for department heads, which
in turn shall be responsible for scheduling vacation leave for subordinate
employees based on considerations of operational requirements, employee
preferences, and seniority within the regular City Service.
(e) The initial minimum period of vacation leave shall be one-half (%2) hour;
(anything over 1/2 hour may be taken in 15 -minute increments).
(f) Holidays occurring during periods of vacation leave shall not be charged against
such leave.
(g) No cash payments for unused vacation leave shall be authorized except upon
separation from City service by retirement, dismissal, death or resignation in
good standing.
(h) A maximum of 40 hours may be carried forward each anniversary year, along
with vacation accumulation of the immediately preceding anniversary year.
City of Blair Employee Manual Chapter 8, page 2
8.4 Sick Leave
Regular full-time employees and regular part-time employees normally working twenty (20)
hours or more per week shall be provided with paid sick leave for use if incapacitated by illness
or injury, if exposed to contagious disease when presence at work would jeopardize the health of
others, and for medical, dental, optical, or other health care appointments which cannot
reasonably be scheduled for off-duty hours. Full time eligible employees shall accrue 3.577
hours of sick leave per pay period (Bi -Weekly), with the accrual for regular part-time employees
prorated according to time worked. Sick leave shall be administered according to the following
rules:
(a) Sick leave may not be accumulated beyond 928 hours for full-time employees
working 40 hour weeks and a proportionate lesser amount for eligible part-time
employees, except an employee that has accumulated allowable sick leave greater
than 928 hours as of October 1, 2009, shall retain the greater number of
accumulated sick leave hours with the following conditions: If any employee has
accumulated in excess of 928 hours, the accumulated hours shall be reduced by
the number of sick leave hours used until that employee has reduced their
accumulated hours to 928 or fewer hours. Thereafter, the employee shall be
subject to the maximum allowable accumulation of 928 hours.
(b) Sick leave shall not be granted in advance of accrual, but vacation leave and/or
leave without pay may be authorized for employees exhausting their sick leave.
(c) All employees of the City are covered by Worker's Compensation Insurance.
This includes regular full-time, regular part-time and temporary employees.
Worker's Compensation coverage includes medical, injury to specific members,
and injury causing death or disability. An employee receiving compensation
under Worker's Compensation Laws shall receive for the duration of such
compensation only that portion of his/her regular salary, which will, together with
such compensation, equal his/her regular salary. Under these conditions, earned
sick leave shall be charged proportionately, in increments of not less than one (1)
hour for that part of the day which is sick leave pay, until such accumulated sick
leave is exhausted.
(d) The City may request and obtain a physician's statement after (3) consecutive
sick days taken by employees or otherwise verify the circumstances surrounding
the taking of sick leave. The abuse of sick leave shall be grounds for disciplinary
action.
(e) For purposes of Sick leave — FMLA leave is limited to serious health conditions
regarding the employee, employee's parent, spouse, child, or the birth or adoption
of a child. Routine illnesses and medical procedures that last three (3) days or less
are not covered by FMLA. If a routine illness extends for a longer period, a
Request for FMLA Leave must be submitted, and shall become effective back to
the start of the illness or injury.
City of Blair Employee Manual Chapter 8, page 3
(f) An Employee requesting FMLA leave shall substitute accrued sick leave (as
allowed in (g) and (h)), accrued vacation leave and accrued comp leave prior to
any unpaid leave allowed under FMLA.
(g) An employee shall be eligible to use accrued sick leave for the first 3 days of any
illness, injury, or paternity leave and may be granted the use of additional days of
accrued sick leave upon request to the City Administrator. Any request for the
use of additional sick leave shall require a statement from the employee's Doctor
of the medical necessity, but shall not be guaranteed. The City Administrator may
waive the above requirement of a Doctor's statement based on observable illness
and/or injury.
(h) Pregnancy and any subsequent maternity leave shall be treated as any other illness
and/or injury covered by FMLA, except that the employee may only substitute
accrued sick leave for the first six weeks, and only for six weeks. Any request for
the use of additional sick leave shall require a statement from the employee's
Doctor of the medical necessity, but shall not be guaranteed.
(i) The initial minimum period of sick leave shall be one-half (1/2) hour; anything
over %2 hour may be taken in 15 -minute increments.
(j) Holidays occurring during periods of sick leave shall not be charged against such
leave.
(k) An employee shall only be compensated for unused sick leave as follows: (1)
Upon death or retirement an employee shall be paid for one-half of the unused
accumulated sick leave not to exceed the accumulation as allowed in 8.4(a); (2)
Upon resignation in good standing and specifically excluding resignations
prompted by any action of the employee which may result in disciplinary action,
an employee who has current continuous employment with the City for not less
than ten (10) years shall be paid a percentage of unused accumulated sick leave
not to exceed 928 hours based on the number of years of sei vice as follows:
10 years
5%
16 years
30%
11 years
5%
17 years
35%
12 years
10%
18 years
40%
13 years
15%
19 years
45%
14 years
20%
20 years
50%
15 years
25%
25 years
55%
(3) No payment for unused accumulated sick leave shall be paid to an employee
in the event of termination for cause or resignation prompted by an action of the
employee that could result in disciplinary action.
(1) Sick leave shall not be transferable between employees.
City of Blair Employee Manual Chapter 8, page 4
(m) Sick leave may be used during the introductory period; however, cannot be used
until after the pay period that it is earned.
(n) An Employee may use sick leave to assist in the care, treatment and transportation
of immediate family members for accidents, injuries and illness. (Immediate
family = husband, wife, son, daughter, mother, father, brother, sister, parent -in-
law, in locus parenti, or other legal dependents.) The City reserves the right to
use management discretion in the determination of granting sick leave to
employees in the situation(s) described in this paragraph. Each situation will be
handled on a case-by-case basis with final determination by the City
Administrator.
(o) If an employee is not reporting for work due to sick leave, he/she is required to
contact his/her immediate supervisor within (30) minutes of start time.
(p) Employees with life-threatening illnesses, such as cancer, heart disease, and
AIDS, often wish to continue their normal pursuits, including work, to the
extent allowed by their condition. The City supports these endeavors as long
as employees are able to meet acceptable performance standards. As in the
case of other disabilities, the City will make reasonable accommodations in
accordance with all legal requirements, to allow qualified employees with life-
threatening illnesses to perform the essential functions of their jobs.
Medical information on individual employees is treated confidentially. The
City will take reasonable precautions to protect such information from
inappropriate disclosure. Managers and other employees have a responsibility
to respect and maintain the confidentiality of employee medical information.
Anyone inappropriately disclosing such information is subject to disciplinary
action, up to and including termination of employment. Employees with
questions or concerns about life-threatening illnesses are encouraged to contact
the City Administrator for information and referral to appropriate services and
resources.
(q) Employees shall not receive a clothing or uniform allowance under 14.6 if
employee is on sick leave for more than 30 consecutive work days.
8.5 Funeral Leave
In the event of a death, a regular employee is authorized three (8) hour days or a total of twenty-
four (24) hours of paid Funeral Leave per fiscal year, which shall not be chargeable to Vacation
Leave. The initial minimum period of funeral leave shall be two hours; anything over two hours
shall be taken in one-hour increments. The Funeral Leave request shall be submitted in writing
to the City Administrator by the Department Head for approval.
City of Blair Employee Manual Chapter 8, page 5
8.6 Administrative Leave
The City Administrator may grant subordinate employees paid administrative leave, not
chargeable to vacation leave, under the following circumstances:
(a) Jury Duty: The City encourages employees to fulfill their civic
responsibilities by serving jury duty when required, with pay, in compliance
with Nebraska state law.
Jury duty fees paid by the court shall be delivered to the City. City pay will be
calculated based on the employee's base pay rate times the number of hours
the employee would otherwise have worked on the date of absence. Any jury
duty fees paid by the court will be delivered to the City by the employee unless
the employee elects to use vacation, floating holiday or comp time.
Employees must show the jury duty summons to their supervisor as soon as
possible so that the supervisor may make arrangements to accommodate their
absence. Of course, employees are expected to report for work whenever the
court schedule permits.
Either the City or the employee may request an excuse from jury duty if, in the
City's judgment, the employee's absence would create serious operational
difficulties.
The City will continue to provide health insurance benefits for the full term of
the jury duty absence. However, employees remain responsible for their
portion of any insurance premiums throughout the term of their jury service.
(b) Witness Duty: The City recognizes that employees must appear in court for
witness duty when subpoenaed to do so. If employees have been subpoenaed or
otherwise requested to testify as witnesses by the State of Nebraska, Washington
County or the City of Blair, they will receive time off with pay for the entire
period of witness duty. Any witness fees will be delivered to the City by the
employee unless the employee elects to use vacation, floating holiday, or comp
time.
Employees will be granted unpaid time off to appear in court as a witness when
requested by a party other than the State, County or City. Employees are free
to use any available paid leave benefit to receive compensation for the period
of this absence.
The subpoena should be shown to the employee's supervisor immediately after
it is received so that operating requirements can be adjusted, where necessary,
to accommodate the employee's absence. The employee is expected to report
for work whenever the court schedule permits.
City of Blair Employee Manual Chapter 8, page 6
(c) Military Leave: A military leave of absence will be granted to employees
who are absent from work because of service in the U.S. uniformed services in
accordance with the Uniformed Services Employment and Re-employment
Rights Act (USERRA). Advance notice of military service is required, unless
military necessity prevents such notice or it is otherwise impossible or
unreasonable.
Employees who are active members of the National Guard or Active Reserve
should discuss their leave requirements with their supervisor, and then with the
City Administrator.
The City Administrator may grant subordinate employees paid administrative
leave, not chargeable to vacation leave, under the following circumstances:
when an employee participates in Nebraska National Guard military
training for not more than 15 work days in any calendar year; and
• when the Governor of Nebraska calls an employee to military duty in an
emergency, in which case the City shall pay the difference between the
employee's City salary and his or her military pay, if lower.
In all other cases, an employee may use accrued vacation and comp time; if the
mission exceeds the accumulated paid leave (vacation and comp time), the
Administrator may grant unpaid leave.
Continuation of health insurance benefits is available as required by USERRA.
The City will continue to pay its share of the health insurance premium during
paid leave. The employee is responsible for her/his normal share of the
premium during this period. Upon expiration of paid leave, the City will pay
the entire cost of health insurance for up to 6 months, starting the first day of
the month following expiration of paid leave. If the mission requires that leave
extend beyond 6 months, the employee may extend his/her insurance coverage
by paying the entire premium.
Employees on military leave are required to return to work for the first
regularly scheduled shift after the end of service, allowing reasonable travel
time.
Holidays, which fall during an employee's paid leave, will be paid at eight
hours. Holiday pay will not be paid during periods of unpaid leave. Vacation
and sick leave will not accrue while an employee is in unpaid status.
An employee who is on leave for military duty will not be allowed to utilize
paid sick leave. Sick leave accumulated prior to leave for military duty will be
usable when the employee returns to full time work. If military leave lasts
City of Blair Employee Manual Chapter 8, page 7
more than 30 days, the employee shall not receive a clothing or uniform
allowance.
Employees returning from military leave will be placed in the position they
would have attained had they remained continuously employed; or a
comparable one depending on the length of military service in accordance with
USERRA. They will be treated as though they were continuously employed
for purposes of determining benefits based on length of service.
d) Time Off to Vote: The City encourages associates to fulfill their civic
responsibilities by participating in elections. Generally, employees are able to
find time to vote either before or after their regular work- schedule. If associates
are unable to vote in an election during their non -working hours, the City will
grant up to two hours of time off with pay. In accordance with state law, the
City may choose the time the employee may take to vote. Employees should
request time off to vote from their supervisor at least one working day prior to
the Election Day. Advance notice is required so that the necessary time off
can be scheduled at the beginning or end of the work shift; whichever provides
the least disruption to the normal work schedule.
8.7 Leave without Pay
A department head, with the approval of the City Administrator, may grant an employee a
period of leave without pay, workload permitting, for good cause for up to six (6) months,
with continuation of benefits. Approved leave without pay may be terminated earlier than
planned if in the best interests of the City. An employee on leave without pay shall be
responsible for the entire premium for health, dental, vision, and life insurance. If an employee
on leave without pay fails to pay for continuation of benefits, they may be subject to pre-
existing condition limitations upon returning to pay status.
8.8 Medical Leave of Absence (Family Medical Leave Act)
The following is a general explanation of our employee's rights, duties and obligations under
the Federal and/or State FMLA as amended from time to time and at no time shall this manual
be in conflict with Federal and/or State FMLA Laws and Regulations. (Use of sick leave for
FMLA shall be governed by 8.4 (e), (f), (g), and (h).)
Basic Leave Entitlement
FMLA requires covered employers to provide up to 12 weeks of unpaid, job- protected leave to
eligible employees for the following reasons:
• For incapacity due to pregnancy, prenatal medical care or child birth;
• To care for the employee's child after birth, or placement for adoption or foster care;
• To care for the employee's spouse, son or daughter, or parent, who has a serious health
condition; or
• For a serious health condition that makes the employee unable to perform the
employee's job.
City of Blair Employee Manual Chapter 8, page 8
MilitaryFv Leave Entitlements
Eligible employees with a spouse, son, daughter, or parent on active duty or call to active duty
status in the National Guard or Reserves in support of a contingency operation may use their 12 -
week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may
include attending certain military events, arranging for alternative childcare, addressing certain
financial and legal arrangements, attending certain counseling sessions, and attending post -
deployment reintegration briefings.
FMLA also includes a special leave entitlement that permits eligible employees to take up to
26 weeks of leave to care for a covered service member during a single 12 -month period. A
covered service member is a current member of the Armed Forces, including a member of the
National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on
active duty that may render the service member medically unfit to perform his or her duties for
which the service member is undergoing medical treatment, recuperation, or therapy; or is in
outpatient status; or is on the temporary disability retired list.
Benefits and Protections
During FMLA leave, the employer must maintain the employee's health coverage under any
"group health plan" on the same terms as if the employee had continued to work. Upon return
from FMLA leave, most employees must be restored to their original or equivalent positions with
equivalent pay, benefits, and other employment terms.
Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the
start of an employee's leave.
Eligibility _ Requirements
Employees are eligible if they have worked for a covered employer for at least one year, for 1,250
hours over the previous 12 months, and if at least 50 employees are employed by the employer
within 75 miles.
Definition of Serious Health Condition
A serious health condition is an illness, injury, impairment, or physical or mental condition that
involves either an overnight stay in a medical care facility, or continuing treatment by .a health
care provider for a condition that either prevents the employee from performing the functions
of the employee's job, or prevents the qualified family member from participating in school or
other daily activities. Subject to certain conditions, the continuing treatment requirement may be
met by a period of incapacity of more than 3 consecutive calendar days combined with at least two
visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity
due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the
definition of continuing treatment.
Use of Leave
An employee does not need to use this leave entitlement in one block. Leave can be taken
intermittently or on a reduced leave schedule when medically necessary. Employees must make
reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the
employer's operations. Leave due to qualifying exigencies may also be taken on an intermittent
basis.
City of Blair Employee Manual Chapter 8, page 9
Substitution of Paid Leave for Unpaid Leave
Employees may choose or employers may require use of accrued paid leave while taking FMLA
leave. In order to use paid leave for FMLA leave, employees must comply with the employer's
normal paid leave policies.
Employee Responsibilities
Employees must provide 30 days advance notice of the need to take FMLA leave when the need
is foreseeable. When 30 days notice is not possible, the employee must provide notice as soon as
practicable and generally must comply with an employer's normal call-in procedures. Employees
must provide sufficient information for the employer to determine if the leave may qualify for
FMLA protection and the anticipated timing and duration of the leave. Sufficient information may
include that the employee is unable to perform job functions; the family member is unable to perform
daily activities, the need for hospitalization or continuing treatment by a health care provider, or
circumstances supporting the need for military family leave. Employees also must inform the
employer if the requested leave is for a reason for which FMLA leave was previously taken or
certified. Employees also may be required to provide a certification and periodic recertification
supporting the need for leave.
Employer Responsibilities
Covered employers must inform employees requesting leave whether they are eligible under
FMLA. If they are, the notice must specify any additional information required as well as the
employees' rights and responsibilities. If they are not eligible, the employer must provide a reason
for the ineligibility.
Covered employers must inform employees if leave will be designated as FMLA-protected and
the amount of leave counted against the employee's leave entitlement. If the employer determines
that the leave is not FMLA protected, the employer must notify the employee.
Unlawful Acts by Employers
FMLA makes it unlawful for any employer to:
• Interfere with, restrain, or deny the exercise of any right provided under FMLA;
• Discharge or discriminate against any person for opposing any practice made unlawful by
FMLA or for involvement in any proceeding under or relating to FMLA.
Enforcement
An employee may file a complaint with the U.S. Department of Labor or may bring a private
lawsuit against an employer. FMLA does not affect any Federal or State law prohibiting
discrimination, or supersede any State or local law or collective bargaining agreement which
provides greater family or medical leave rights. FMLA section 109 (29 U.S.C. § 2619) requires
FMLA covered employers to post the text of this notice. Regulations 29 C.F.R. §
825.300(a) may require additional disclosures.
8.9 Absence without Leave
Employees failing to report for or remain at work as scheduled or directed without proper
notification, authorization, or excuse shall be considered absent without leave, shall not be in pay
status for the time involved, and shall be subject to appropriate disciplinary action. Absence
City of Blair Employee Manual Chapter 8, page 10
without leave for more than three consecutive working days shall be considered abandonment of
duties, which shall ordinarily result in dismissal.
8.10 Holidays
The following days and any other day(s) that may be designated by the Mayor due to
circumstances shall be official holidays (City Holidays) for the City of Blair. All city offices
and departments will be closed on these days. Essential Police and essential water treatment
plant personnel shall be required to report to duty as scheduled by their supervisor with the
approval of the department head.
City Holidays: New Year's Day, President's Day, Memorial Day, July 4th, Labor
Day, Columbus Day, Thanksgiving, Day after Thanksgiving,
Christmas, and if Christmas Eve falls on a Monday through
Thursday '/z day, if on Friday all day and if Christmas falls on
Thursday all day Friday. Three (3) eight (8) hour Floating
Holidays/Personal days per fiscal year, which must be used by the
last day of the last full pay period of the fiscal year.
a.) All City Employees shall observe the City Holidays on the date recognized by the
State of Nebraska and/or Federal Government, with exception of Police
Department and Water Treatment Plant.
b.) Police Department — Chief, Lieutenant, Animal Control and Clerical Staff: same
as all other City Employees. All other police positions shall be subject to the
current FOP Lodge #83 contract.
c.) Water Treatment Plant — Plant Supervisor and two floating operator positions
shall take Holidays off the same as all other City Employee, except if the floating
operator(s) are covering a shift for a regular scheduled operator or covering the
Monday day shift the floating operator(s) shall be paid for the 8 -hour Holiday.
All other Water Treatment Plant Operators shall be either compensated or granted
time off for all Holidays per the following schedule. Each Holiday shall be eight
(8) hours except Christmas Eve shall be 4 hours when applicable.
1. Three Floating Holidays per fiscal year — This time must be used by the last
day of the last full pay period of the fiscal year and will not carry over or be
paid out.
2. Columbus Day — 8 hours leave to be used by the last day of the last full pay
period of the fiscal year.
3. Thanksgiving — 8 hours pay.
4. Day after Thanksgiving — 8 hours pay.
5. Christmas — 8 hours pay.
6. Christmas Eve (if applicable) — 4 hours pay.
7. Day after Christmas (if applicable) — 8 hours pay.
8. New Years — 8 hours leave to be used by the last day of the last full pay period
of the fiscal year.
City of Blair Employee Manual Chapter 8, page 11
9. Presidents day — 8 hours leave to be used by the last day of the last full pay
period of the fiscal year.
10. Memorial Day - 8 hours leave to be used by the last day of the last full pay
period of the fiscal year.
11. July 4th - 8 hours leave to be used by the last day of the last full pay period
of the fiscal year.
12. Labor Day — 8 hours pay.
For Holidays that will receive time off, the time off shall be authorized by the Plant
Supervisor with the approval of the Director of Public Works and only used after the
date of the actual holiday and prior to the last day of the last full pay period of the
fiscal year. All Holiday hours that are taken off shall be used in 8 -hour increments.
Any accumulated holiday hours not used by the last day of the last full pay period of
the fiscal year will be lost and not compensated.
d.) All Employees working on designated City Holidays, except shift workers, shall
be paid at rate of 1 '/z times for actual hours worked on a "City Holiday".
e.) Water Plant shift workers — the paid Holiday shall be the actual Holiday.
Example: Christmas falls on Saturday, legal city holiday would be Friday.
Those individuals working on Saturday, Christmas Day (December 25t) would
be compensated at 1 %a times, not those working on Friday.
f.) New employees shall not be eligible for floating holidays until the satisfactory
completion of 6 -month probationary period. Upon completion of probationary
period, employee shall be entitled to one floating holiday for the remaining fiscal
year.
8.11 Emerizency Closings
At times, emergencies such as severe weather, fires, power failures, etc. can disrupt City
operations. In extreme cases, these circumstances may require the closing of a work facility.
When operations are officially closed due to emergency conditions, the time off from
scheduled work will be paid. Employees in essential operations may be asked to work on a
day when operations are officially closed. In these circumstances, employees who work will
be paid according to policy.
City of Blair Employee Manual Chapter 8, page 12
CHAPTER 14
COMPENSATION PLAN
14.1 Pay Deductions
The law requires that the City make certain deductions from every employee's compensation.
Among these are applicable federal, state, and local income taxes. The City also must deduct
Social Security taxes on each employee's earnings up to a specified limit that is called the
Social Security "wage base." The City matches the amount of Social Security taxes paid by
each employee. The City offers programs and benefits beyond those required by law. Eligible
employees may voluntarily authorize deductions from their paychecks to cover the costs of
participation in these programs.
If you have questions concerning why deductions were made from your paycheck or how they
were calculated, the City Administrator can assist in having your questions answered.
14.2 Pay Period
Employees shall be paid on a bi-weekly basis. There shall be twenty-six pay periods per year.
For pay purposes, the City work week shall begin at 12:01 o'clock A.M. on Sunday and end at
12:00 o'clock Midnight on Saturday except for the Waste Water Plant which shall be 12:01
o'clock a.m. on Saturday and end at 12:00 o'clock Midnight on Friday.
Police Department: Chief and Lieutenant work week shall begin at 5:01 o'clock P.M. on Sunday
and end at 5:00 o'clock P.M. the following Sunday or as amended in the FOP Lodge #83 contract
as amended from time to time.
The City shall make all wage or salary payments by automatic deposit into employee's bank
account. All employees shall notify the City, on forms provided by the City, of their specific
account information. Any changes in accounts where payroll is to be deposited should be made
available to the City Administrator's designee to avoid paycheck delays and /or inconveniences
for both the employee and the City. Employees will be furnished with a payroll stub showing the
amount of their wage or salary and any accumulated leave.
14.3 Overtime Pay
Overtime work shall be discouraged except to safeguard public health, safety, and property.
When overtime work is necessary it shall be authorized in advance by the respective Department
Head.
Classified Service - Employees in the Classified Service shall be eligible for
compensation for overtime hours worked in excess of 40 hours per work week.
Such an employee shall be reimbursed at one and one half (1 1/2) times their
regular rate of pay during the workweek. Exception: Police Department; All
officers covered by the contract with the FOP Lodge #83 shall be governed by
the current FOP contract. The Lieutenant shall be reimbursed at the rate of 1 '/z
times regular hourly rate for all hours worked in excess of 80 hours worked in a
City of Blair Employee Alanual Chapter 14, page I
two (2) week period.
b. Exempt Service - Employees in the Exempt Service shall not be eligible for
monetary compensation for overtime hours worked.
C. Compensatory time may be used in lieu of overtime compensation when in the
best interest of the City and the employee. Compensatory time will be awarded
at one and one-half times the actual hours worked as accumulated in accordance
with the Federal Fair Labor Standards Act. Such Compensatory time may be
utilized when authorized by the Department Head based upon consideration of
operational requirements and after employee has filed a request for leave a
minimum of (48) hours in advance; provided however, the following restrictions
shall apply to the amount of Compensatory time which may be used in lieu of
overtime compensation, to -wit:
1) No employee shall be allowed to have more than 116 hours of comp
time on the books at any time.
2) No employee will be allowed to earn more than (60) hours of comp time
in any fiscal year.
d. For purposes of determining overtime pay, sick leave and comp time shall not
count as hours worked.
e. All supervisors shall flex employee's regular schedules to reduce or eliminate
the need for overtime, comp and/or extra hours. Example: Employee working
Monday through Friday (40 -hour work week) takes vacation Monday and
Tuesday, works 12 hours Wednesday, would be allowed to work only 4 hours
on Friday, unless an emergency requires them to work or the time is approved
by Department Supervisor.
f. Overtime shall be allowed for overtime earned for the following events:
1) Gateway to West Parade, 2). Sugar Plum Festival, 3) Fall and Spring
Cleanup.
14.4 Wages in Advance
It is a policy of the City of Blair that no advances of future wages, including accrued vacation
leave, shall be made.
14.5 Employee Benefits
The City offers a total compensation plan consisting not only of pay but also of substantial
employee benefits. The following are the principal employee benefits which are offered to all
permanent, full-time employees working 40 hours or more a week after completing the necessary
waiting period.
City of Blair Employee Manual Chapter 14, page 2
a. Medical/DentalNision Insurance: Coverage shall begin on the first day of the
month following the date on which an employee commences full time
employment.
1. City shall pay 100% of single health insurance premium.
2. City shall pay 86% of family health insurance premium.
City shall pay 100% premium for dental insurance plan provided by
City of Blair.
4. City shall pay 100% premium for vision insurance plan provided by
City of Blair.
5. In the event an employee has health insurance coverage through
spouse's insurance plan, the City will compensate employee $180.00
per month in lieu of participation in City Health Insurance Program.
b. Life Insurance: City shall provide group term life insurance effective the first
of the month following date of hire.
1. City shall pay 100% of premium
2. Coverage shall be: a.) Employee $35,000.00
b.) Spouse $15,000.00
c.) Dependants $7,500.00
Long Term Disability Insurance Plan:
1. City shall pay 100% of premium
d. Pension:
Civilian employees (Non -sworn police officers) — All civilian regular full-time
employees shall be eligible to participate in the City defined contribution pension
program(s) upon completion of six months employment and per the requirements
of the pension program.
Police (Chief and Lieutenant) — Shall participate in the legislative mandated
defined contribution police pension program. Police officers shall be required to
participate immediately upon hire. The rates for both City and Police officer
participation shall be equal to the rates as mandated by the Nebraska Legislature.
e. Paid holidays and paid leave for vacation, illnesses and other designated
purposes.
Benefits available to all employees:
a. Worker's Compensation;
City of Blair Employee Manual Chapter 14, page 3
b. Unemployment Insurance; and
C. Social Security
Information regarding paid holidays, vacation and sick leave is included elsewhere in the manual.
Any questions not answered in the manual in regard to benefits should be directed to the City
Administrator. These benefits are subject to change.
14.6 ClothinLy and Uniform Allowance
Any payment made to an employee for clothing/uniform allowance, car allowance, phone
allowance and family life insurance premium shall be paid as taxable income as per IRS
regulations.
City employees shall be eligible for clothing and uniform allowances as follows:
a. Law Enforcement (Chief and Lieutenant) clothing and uniform allowance shall be
the rate and pay frequency as the officers of the FOP Lodge #83. Any officer
terminating employment with the City will receive payment on a pro -rated basis
(days worked/days in month).
b. Public Works Superintendent, Street Supervisor, Equipment Operator II, Asst.
Street Foreman, Cemetery/Park Superintendent, Park & Cemetery Labor Asst.,
Asst Park & Cemetery Supervisor, Utilities Supervisor, Utility Worker II, Utility
Worker I, Water Plant Supervisor, Water Plant Operator, and Wastewater
Supei visor, Wastewater Plant Operator, shall receive the following:
i. $125.00 for each employee each year for winter wear to include, but not be
limited to coveralls, coats and boots.
ii. Payment shall be made as part of the last pay period in November for
the twelve-month period starting December 1.
a. New employees will receive a prorated payment in the last pay
period of the month after hire equal to the number of full months
remaining until the next December after such hire.
iii. Eight (8) safety compliant t -shirts, to be replaced as needed.
iv. Eleven (11) initial jeans rented, 5 laundered per week.
V. One safety compliant sweat shirt, then replaced as needed.
C. Animal Control will be provided with eleven (11) uniforms, shirts and pants,
furnished by the City through rental service or actual purchase.
d. Police Secretary I & 11 will all receive seven (7) city shirts (to be selected by
employees and approved by city administrator) and replaced as needed.
City of Blair Employee Manual Chapter 14, page 4
e. Library Director, Adult Librarian, Youth Services Librarian, and Part-time
Library staff will all receive library -themed shirts as programmed by the
Library Director and replaced as needed.
f. City Administrator, Assistant City Administrator, Director of Public Worlcs,
City Treasurer, City Cleric, and Technical Support — Accounting / Utilities /
Clerical will all receive two (2) city shirts (to be selected by employees and
approved by city administrator) and replaced as needed.
g. Failure to report to work with proper attire, which includes the attire being
clean (with limits) and free of excessive rips and tears, could result in the
employee being sent home without pay. This will result in coaching and
counseling. Continued failure could result in disciplinary action if unable to
return to work for more than 24 hours
14.7 Education Benefits
Eligible City employees shall be entitled to tuition assistance in addition to any training required
by the City. The tuition assistance shall be on the following term:
a. The City shall reimburse eligible employees for actual tuition costs; not to exceed
$150.00 per credit hour.
b. An employee must have not less than three (3) years current continuous full time
employment with the City to be eligible for tuition reimbursement, unless waived
by the City Administrator.
C. No tuition reimbursement shall be made unless the employee attains successful
completion of the course resulting in a grade equivalent to C or better.
d. Tuition paid at any Nebraska State College, Nebraska State University, Nebraska
Metropolitan Technical College or Dana College shall be eligible for
reimbursement. The City Administrator shall, prior to the employee's
enrollment, approve tuition at any other institution.
Tuition reimbursement shall be limited to courses required for an approved
degree program, for courses in math, science, English, speech, computer science
/ applications, or other courses that directly improve or enhance the employee's
service to the City. The City Administrator shall, prior to the employee's
enrollment, approve all courses eligible for reimbursement.
f. Tuition reimbursement shall be limited to six (6) credit hours or an equivalent per
semester.
14.8 Certification
a. With the approval of the City Administrator, the City shall pay course fees, travel,
lodging and meals for training and certification courses that are required, this shall
include Water grade 4 and Waste Water grade 1 for Utility worker I, for an employee
City of Blair Employee Maimal Chapter 14, page 5
to carry out her/his job responsibilities. If an employee fails to pass a class or
certification after two attempts, the employee will pay all expenses associated with
retaking the course. All employees shall have one year to obtain required
certification unless otherwise required by law. Utility Worker I that fails to pass the
certification test per this section shall be eligible to take the class again per section
b.
b. An employee working to obtain a certification higher than the minimum required for
their position that fails to pass the certification shall be allowed to take the
certification class not more than every other fiscal year at City cost. An employee
that attends a class but fails the certification test may retest at their own cost and
time, but will be reimbursed for cost of the test only should they pass and obtain
their certification.
14.9 Call Out Reimbursement
The Street Department, Utilities Department, Waste Water Plant and Cemetery shall be required
to have an employee on call. The City will pay each on call employee (one employee per
department) $125.00 to be on call from 7:00 a.m. on Monday until 6:59 a.m. on the following
Monday whether or not the employee is called out. If an employee is called out, while on call,
the employee will be paid for actual time worked, in (15) minute increments, with a one (1) hour
minimum. If the majority of any department elects not to participate in the above policy, then
that department will maintain an on-call schedule acceptable to the City Administrator and shall
be compensated for actual time worked.
14.10 CDL License Reimbursement
The City of Blair will reimburse the cost of obtaining or renewing as CDL license for all
employees that are required to hold a CDL license. The City Administrator may approve the
reimbursement cost of obtaining or renewing a CDL license for any employee where it is
determined to be a benefit to the City.
City of Blair Employee Manual Chapter 14, page 6