DISCLAIMER
ALL EMPLOYEES OF THE CITY OF BEAUFORT ARE EMPLOYED AT-WILL AND MAY QUIT OR BE TERMINATED AT ANY TIME AND FOR ANY REASON. NOTHING IN ANY OF THE CITY OF BEAUFORT‘S RULES, POLICIES, HANDBOOKS, PROCEDURES OR OTHER DOCUMENTS RELATING TO EMPLOYMENT CREATES ANY EXPRESS OR IMPLIED CONTRACT OF EMPLOYMENT. NO PAST PRACTICES OR PROCEDURES , WHETHER ORAL OR WRITTEN, FORM ANY EXPRESS OR IMPLIED AGREEMENT TO CONTINUE SUCH PRACTICES OR PROCEDURES. NO PROMISES OR ASSURANCES, WHETHER WRITTEN OR ORAL, WHICH ARE CONTRARY TO OR INCONSISTENT WITH THE LIMITATIONS SET FORTH IN THIS PARAGRAPH CREATE ANY CONTRACT OF EMPLOYMENT UNLESS: 1) THE TERMS ARE PUT IN WRITING, 2) THE DOCUMENT IS LABELED “CONTRACT,” 3) THE DOCUMENT STATES THE DURATION OF EMPLOYMENT, AND 4) THE DOCUMENT IS SIGNED BY THE CITY MANAGER.
CHAPTER III – LEAVES OF ABSENCE
1 General Policy
A A regular full-time employee may be granted leave of absence without pay at
the discretion of the City Manager. An employee may also be placed on leave
of absence status without application. Such leave shall not exceed six (6)
months and must have prior approval of the Department Head and the City
Manager. Leaves of absence without pay for a period of less than fifteen (15)
calendar days may be granted by the Department Head. No annual or sick
leave shall be accrued by an employee during the time he is in a leave without
pay status.
B Any request for leave of absence without pay shall be submitted in writing by
the employee to his immediate supervisor stating the reason for requesting
leave and the approximate length of time off the employee desires. Requests
should be submitted as far in advance of the first day of leave as possible.
C Employees on leave of absence without pay are not entitled to reemployment
by the City.
D Employees may continue, at their expense, their Group Health and Dental
Insurance coverage while on leave of absence without pay in accordance with
Public Law 99-272, Title X (COBRA).
Employees must contact the City of Beaufort Human Resources Department
and the Finance Department to arrange for documentation and payment of
premiums. Employees and family coverage cost will be paid in advance on a
monthly basis.
E Employees shall contact the City of Beaufort Human Resources Department
prior to departure regarding benefits that will be affected while on leave of
absence without pay.
F The City reserves the right to require a statement from the employee’s
attending physician to the effect that the employee is able to resume his
normal duties before allowing the employee to return to work.
2 Vacation Leave Policy
A It is the policy of the City to provide paid vacation for their regular
employees. Employees are not entitled to “cash out” accrued leave unless
retiring or resigning with proper notice.
B New employees will not be allowed to use accrued vacation leave until
completion of the six (6) months probation as evidenced by a Performance
Appraisal Form and Personnel Action Form signed by the Department Head
and City Manager and submitted to the City of Beaufort Human Resources
Department requesting change of status, whereupon the employee will be
credited with the appropriate hours of annual vacation leave. At the discretion
of the Department Head, with approval from the City Manager, a new
employee still on probation may use vacation leave.
C Regular full-time employees who give and work a two (2) week notice are
paid for all accrued, unused vacation hours. Employees terminated for
disciplinary reasons are not entitled to payment for accrued leave.
D Regular full-time employees while on authorized paid vacation leave will
continue to accrue vacation leave credits.
E Vacation leave will not be advanced before accrual, except in the case of
probationary employees as approved by the City Manager.
F Pay for vacation leave shall be at the employee’s regular rate of pay in effect
for the employee’s regular job on the payday immediately preceding the
employee’s vacation period.
Eligibility
A Annual vacation leave is accrued and granted to:
1 Regular full-time employees.
2 Regular part-time employees who work 30 or more hours per week.
Accrual Rate for Employees
A All regular full-time City employees accrue vacation leave credits on the
following basis, with the exception of the employees working twenty-eight
(28) day work cycles: The accrual rate increases on the employees’
anniversary date.
Years of Service Hours Per Biweekly
Pay Period
Hours/Year Days/Year 6 months thru 4 years 3.08 80 10 5 thru 9 years 4.62 120 15 10 thru 14 years 5.24 136 17 15 thru 19 years 5.84 152 19 20 thru 24 years 6.46 168 21 25 years and Over 7.08 184 23
B All regular part-time employees who work thirty (30) or more hours per week
accrue vacation leave hours at a rate in proportion to the percentage of the
regular work week.
C
All regular Fire Department employees working twenty-eight (28) day workcycles accrue vacation leave hours.
Years of Service
Hours Per Biweekly
Pay Period
Hours/Year
6 months thru 4 years 4.08 106 5 thru 9 years 6.12 159 10 thru 14 years 6.94 180 15 thru 19 years 7.74 201 20 thru 24 years 8.56 223 25 years and Over 9.38 244
D
All regular full-time City employees may accrue up to a maximum of threehundred and sixty (360) hours in a calendar year. On December 31
st of eachyear the employee’s leave credits will be totaled and any hours in excess of
three hundred and sixty (360) will be forfeited.
Use and Scheduling of Vacation Leave
A The maximum annual leave an employee may use in one (1) calendar year
may not exceed the total number of days that the employee would normally
accrue during that calendar year. Exceptions to this rule may be granted, due
to unusual circumstances, upon written agreement of the Department Head
and the City Manager.
B Except in special circumstances vacation leave should be authorized by the
Department Head on the City leave form at least five (5) working days prior to
vacation date. Special circumstances will be determined at the sole discretion
of Department Heads and the City Manager.
C Whenever possible, employees will be allowed to take vacation at times most
convenient to them. However, in order to ensure continued smooth operation
and maintain a high level of quality in the delivery of service to the citizens of
Beaufort, the City reserves the right to limit the number of employees that
may be absent from a given department at any one time. Where there is a
conflict in the vacation choices of two (2) or more employees who cannot be
spared at the time, the Department Head will determine who will take leave.
Charging of Vacation Leave Hours
A All City employees, with the exception of the employees working twenty-eight
(28) day work cycles, shall be charged eight (8) hours of vacation leave
for each day of vacation absence.
B Employees working twenty-eight (28) day work cycles shall be charged
twenty-four (24) hours of vacation leave for each day of vacation absence.
C Vacation leave is used and charged in units of one-quarter (1/4) hour.
D When a holiday occurs during the period an employee is on authorized
vacation leave with pay, vacation shall not be charged for the holiday.
3 Education Leave Policy
This policy is provided in order to encourage all regular full-time employees to
continue their education in order to maintain and improve skills and knowledge
useful in their current positions or necessary for assuming additional
responsibilities in the future.
Eligibility
Any regular full-time employee who has satisfactorily completed at least six (6)
months of continuous employment during his current period of employment with
the City of Beaufort is eligible to receive consideration for the education benefits
provided herein.
Definition
A Educational leave is defined to be authorized leave, with or without pay, to
attend an accredited institution of higher learning which offers an academic
curriculum leading to a degree or degrees.
B There shall be two types of educational leave – leave without pay and leave
with pay, at the discretion of the City Manager.
Educational Leave Without Pay
A Applying for leave – an eligible employee may apply by submitting a letter of
request to his Department Head at least thirty (30) days before the first day of
leave requested. The letter of request must include the type and purpose of
leave, the duration and the letter of acceptance from the school.
B Reinstatement – Employees granted educational leave without pay will not be
given any guarantee as to reemployment by the City.
Educational Leave With Pay
A Educational leave with pay may be available to employees enrolled part-time
in an institution of higher learning and pursuing courses which in the City’s
opinion directly benefit the City.
B When an approved course cannot be scheduled during off-duty hours, an
employee may request time off from his regular work schedule so that he may
meet classes. Such request shall be made in writing to the Department Head.
C If his request is endorsed by the Department Head and approved by the City
Manager, the employee may be granted time off with pay to take one course
per school term for up to the equivalent of three semester credit hours,
provided such time off will not interfere with the normal operation of the
department.
4 Sick Leave Policy
A It is the policy of the City to provide sick leave with pay for regular full-time
and regular part-time employees. Sick leave is a privilege and may be used
only when an employee is incapacitated due to personal illness or injury or
has a medical/dental appointment or when an employee is exposed to a
contagious disease, diagnosed by a licensed physician, and the employee’s
presence may endanger the health of other employees. In addition, employees
may use up to five days per year to care for an immediate family member that
is residing in the employee’s home, who is ill or injured.
B Abuse of the privilege to be absent from work due to personal illness or injury
may result in termination of employment.
C At the discretion of the Department Head, or City Manager, the employee may
be required to present a certificate from a physician attesting illness or
incapacity.
D If the absence extends beyond one (1) day, the employee must keep his
supervisor advised on a daily basis of his condition and expected date of
return.
E Vacation leave may be used for sick leave purposes after sick leave is
exhausted. Employees who have exhausted all sick leave and vacation leave
credits and who are not entitled to FMLA may be granted a leave of absence
in accordance with Chapter III, Section 1.A.
F Upon returning to work from an unscheduled sick leave, the employee shall
complete and sign a leave request form and submit it to his Department Head
for approval and forwarding to the Human Resources Department.
G Upon leaving City employment, for whatever reason, except as noted in (H),
an employee will not be reimbursed for accrued sick leave.
H Upon death or retirement by disability, age or service, payment will be made
to the employee or to his estate for one-fifth (1/5) the unused portion of his
accumulated sick leave. Such payment shall not exceed an amount equal to
regular salary for two (2) calendar months. In the case of voluntary or
involuntary separation from the City service other than for retirement or death,
no payment will be made for accumulated sick leave.
I Upon retirement, a city employee eligible for service retirement under the
State Retirement System may receive service credit for up to ninety (90) days
of unused sick leave at no cost to the employee.
Eligibility
A All regular full-time City Employees.
B All regular part-time City employees who regularly work thirty (30) or more
hours per week.
C Employees hired to fill a position designated by City Manager as a full-time
temporary position to last one (1) full year and who have served a minimum
of six (6) month’s probation.
Accrual Rate for Employees
A All regular full-time City employees, except those who work a twenty-eight
(28) day work cycle, accrue 3.70 hours of sick leave per pay period for a total
of ninety-six (96) hours per year. Employees working twenty-eight (28) day
work cycles accrue sick leave at the rate of 4.88 hours per pay period. The
maximum amount of sick leave an employee may accrue is eight hundred
(800) hours. On December 31
st of each year payment shall be made to theemployee for all accrued sick leave in excess of eight hundred (800) hours.
All eligible employees will be compensated at twenty percent (20%) of the
cash value of the excess.
B All regular City employees who regularly work thirty (30) or more hours per
week accrue paid sick leave at a rate in proportion to the percentage of the
regular work week.
C New employees in their probationary period are eligible for accrued sick leave
when approved by the Department Head.
D An employee while on authorized sick leave continues to accrue sick leave.
Use of Sick Leave
A It is the policy of the City to provide sick leave with pay for regular full-time
and regular part-time employees. Sick leave is a privilege and may be used
only when an employee is incapacitated due to personal illness or injury or
has a medical/dental appointment or when an employee is exposed to a
contagious disease, diagnosed by a licensed physician, and the employee’s
presence may endanger the health of other employees. In addition, employees
may use up to five days per year to care for an immediate family member that
is residing in the employee’s home, who is ill or injured.
B Sick leave may be used for appointments for medical or dental examinations
or treatment when such appointments cannot be reasonably scheduled during
non-working hours. Examination appointments must be approved at least one
(1) work day in advance, by the Supervisor or Department Head.
C In order to be eligible for sick leave with pay, an employee must report to his
supervisor within thirty (30) minutes of the scheduled starting time the reason
for absence. Police officers must report sick leave at least four (4) hours and
firefighters at least two (2) hours in advance of the scheduled shift starting
time.
An employee who fails to so notify his supervisor may not be paid for the
time taken prior to notification.
Charging of Sick Leave Hours
A Regular full-time employees, with the exception of employees working
twenty-eight (28) day work cycles, will be charged eight (8) hours sick leave
for each day of absence.
B Employees working twenty-eight day work cycles shall be charged twenty-four
(24) hours sick leave for each day of absence.
C When a holiday occurs during the period an employee is on authorized sick
leave with pay, sick leave shall not be charged.
D Sick leave shall be charged in units of one-quarter (1/4) hour or more.
5 Bereavement (or Funeral) Leave
Employees may be granted up to three (3) workdays of bereavement leave (leave
of absence with pay) during each fiscal year at the employee’s request, upon death
of a member of the employee’s immediate family. Employees working a twenty-eight
day work cycle will be granted a 24-hour period of bereavement leave. The
immediate family is defined for bereavement purposes as: parent, spouse, child,
brother, sister, mother-in-law, father-in-law, and grandparents.
Employees must request bereavement leave by contacting their supervisor before
going on leave. The supervisor may require an employee to submit an obituary
and other evidence of relationship to the deceased along with the request for
bereavement leave or upon return to work.
There is no accumulation of bereavement leave days and no payment upon
separation from City employment. The three (3) workdays do not have to be
taken simultaneously.
6 Military Leave
Employees are entitled to military leave in accordance with state and federal law.
An employee going on military leave should present a copy of his orders to his
Department Head as soon as he receives it.
7 Civil Leave
A Jury Duty
All regular full-time employees selected for jury duty shall be entitled to
receive civil leave with pay for the period of absence required up to a
maximum of ten (10) days per year. Such leave shall not be charged to annual
or sick leave earnings, except that on any day when such employee is excused
from service he will be expected to report for duty at his regular place of work
or be charged annual leave for time excused from jury duty. Likewise, any
period of time for which an employee is excused from jury duty because of
illness shall be charged to sick leave. An employee shall be entitled to all fees
received as a juror. An employee may be required to present a statement from
the court indicating jury service.
B Official Court Attendance
All employees subpoenaed or ordered to attend court to appear as a witness or
to testify in some official capacity on behalf of the City, State or the Federal
Government are entitled to leave with pay for such period as his court
attendance may require. Any fees paid for such service may be retained by
the employee.
C Other Litigation
Absences of an employee to appear in any capacity in other litigation are
charged to annual leave or leave without pay. All court fees received by an
employee in other litigation procedures may be retained by the employee.
8 Family and Medical Leave of Absence
A Definition
1 A family and/or medical leave of absence is defined as an approved
absence available to eligible employees for up to twelve weeks of paid or
unpaid leave in any twelve-month period under certain circumstances that
are critical to the employee’s health or the health of the employee’s
family.
B Substitution of Other Paid Leave
An eligible employee may elect to substitute any accrued leave for any part of
the twelve weeks.
C Eligibility
To be eligible for leave, an employee must have been working for the City of
Beaufort for at least twelve months and must have worked at least 1,250 hours
during the twelve month period prior to the request for leave.
D Employment Restoration
1 Any eligible employee who takes a leave for a purpose permitted by the
family and medical leave act will be entitled upon return from such leave
to be restored to the same position of employment as held when the leave
began, or to be restored to an equivalent position with equivalent
employment benefits, pay, and other terms and conditions of employment.
2 An exception to the employment restoration provisions of this policy may
be made if the employee on leave is a salaried employee and is among the
highest paid ten percent (10%) of the City’s employees, and restoring
employment of the employee would result in substantial economic injury
to the City.
3 A doctor’s release may be required if the employee is returning from a
medical leave of three or more days.
E Basic Conditions of Leave
1 The City may require medical certification from the health care provider
to support a request for leave for any employee’s own serious health
condition, or to care for a seriously ill child, spouse, or parent.
a) For the employee’s personal medical leave, the certification must state
that the employee is unable to perform the functions of his position
because of a serious health condition.
b) For leave to care for a seriously ill child, spouse, or parent, the
certification must state that the employee is needed to provide care.
c) At its discretion, the City may require a second medical opinion, and
periodic recertification at its own expense. If the first and second
medical opinions differ, the City, at its own expense, may require the
opinion of a third health care provider, approved by both the City and
the employee. This third opinion is binding.
2 If medically necessary for a serious health condition of the employee or
his spouse, child, or parent, leave may be taken on an intermittent or
reduced leave schedule. If leave is required on this basis, however, the
City may require the employee to transfer temporarily to an alternative
position that better accommodates recurring periods of absence or a part-time
schedule, provided the position has equivalent pay and benefits.
3 If both spouses are employed by the City, they are entitled together to a
total of twelve (12) weeks of leave (rather than twelve weeks each) for the
birth or placement of a child, or to care for a sick parent. Leave for the
birth or placement of a child must take place within twelve months after
the event. Leave may begin prior to birth or adoption as circumstances
dictate.
F Notification and Reporting Requirements
When the need for leave can be planned, such as the birth or placement of a
child, or scheduled medical treatment, the employee must provide reasonable
prior notice, and make efforts to schedule the leave to minimize disruption to
City operations. In cases of illness, the employee will be required to report
periodically on his leave status and intention to return to work.
G Status of Employee Benefits During Leave of Absence
1 Any employee who is granted an approved leave of absence under this
policy may continue his group insurance coverage by arranging to pay his
portion of the premium contributions during the period of unpaid absence.
2 Employees will be required to continue to pay their share of group health
benefit costs during a period of leave under the law.
3 If an employee elects not to return to work upon completion of an
approved unpaid leave of absence, the City may recover from the
employee the cost of any premiums paid to maintain the employee’s
coverage, unless the failure to return to work was for reasons beyond the
employee’s control. Benefit entitlement based upon length of service will
be calculated as of the last paid work day prior to the start of the unpaid
leave of absence.
4 An employee on leave will not lose any employment benefits accrued
prior to the leave, unless a benefit is used by the employee during leave,
such as accrued paid vacation.
5 An employee on leave accrues no additional seniority or employment
benefits during any period of unpaid leave.
H Procedures
1 Employees must follow specific procedures to request a family or medical
leave. These procedures are as follows:
a) Complete the request for family medical leave of absence form.
(Available at the City of Beaufort Department of Human Resources.)
b) The form must be signed by the employee and submitted to his
Department Head. The Department Head will then submit the
approved form to the City of Beaufort Department of Human
Resources, with a copy to the City Finance Department. When
possible, the form should be submitted by the employee thirty days in
advance of the effective date of the leave.
c) A combined leave policy form is to be completed by any employee
who is requesting leave and whose spouse also works for the City.
d) All employees must complete an insurance premium recovery
authorization form. This form certifies that an employee acknowledges
the City’s legal right to recover the cost of any premiums paid to the
City to maintain his coverage in group health benefits during any
period of unpaid leave except under the following conditions:
(1) The continuation, recurrence, or onset of a serious health condition
that entitles the employee to leave to care for a child, parent, or
spouse with a serious health condition, or if the employee is unable
to perform the functions of the position due to his own serious
health condition; or
(2) Other conditions beyond the employee’s control that prevent him
from returning to work.
e) Employees requesting family and medical leaves of absence due to
illness must complete a leave certification requirements form.
(1) The employee must submit a completed request for family and
medical leave of absence and a leave policy form.
(2) To request leave for the care of a child, parent, or spouse with a
serious health condition, the employee must provide certification
from the health care provider who is treating the child, parent, or
spouse, including the following information:
(a) The date on which the condition commenced; and the probable
duration of the condition; and the appropriate medical facts
regarding the condition and an estimate of the time needed to
care for the individual involved (including any recurring
medical treatment); and a statement that the condition warrants
the health care provider’s involvement.
f) To request leave due to an employee’s serious health condition, the
employee must provide certification from the health care provider who
is treating his own serious health condition, regarding the following
information:
(1) The date on which the condition commenced; and the probable
duration of the condition; and the appropriate medical facts
regarding the condition; and a statement that the employee is
unable to perform the functions of his position due to his condition.
g) To request intermittent or a reduced leave schedule, the employee
must provide the following additional information from the health care
provider:
(1) For leave for the employee, the employee must provide a statement
of medical necessity for his intermittent or reduced leave, the
expected duration of the schedule, a listing of the dates of his
planned medical treatment and the duration of the treatment(s).
(2) For leave to care for a son, daughter, spouse or parent, the
employee must provide a statement attesting to the necessity of
intermittent or reduced leave for the employee to provide care or to
assist in the person’s recovery, and an estimate of the expected
duration and schedule of his intermittent or reduced leave.