R22-12-27 - Exhibit A

City of El Mirage — Regular Meeting (2022-12-06)

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EXHIBIT “A” 
RESOLUTON R22-12-27 
 
ARTICLE 11: OVERTIME 
1) All overtime will be paid in accordance with the regulations of the Fair Labor Standards 
Act (FLSA). Personnel classified as exempt under the FLSA are not eligible for overtime. 
Overtime shall be worked and shall be allowed if assigned by the Fire Chief or his 
designee. Employees assigned to a 48/96 shift schedule: overtime will be calculated and 
paid at one and one-half (1.5) times the Member's regular rate of pay for all hours worked 
in excess of 53 hours in a 7-day work period. Employees assigned to a 40-hour schedule: 
overtime will be calculated and paid at one and one-half (1.5) times the Member’s regular 
rate of pay for all hours worked in excess of forty (40) hours in a seven (7) day work 
period.  
 
2) Except as otherwise provided in Article 13, Paid and Unpaid Leave, below, hours worked 
shall not include paid annual leave (vacation) compensatory time, sick leave, 
bereavement, holiday leave pay, Association business leave, and/or any other comparable 
hours (including non-disciplinary administrative leave time) during which the Member is 
not performing services for the City.  
 
3) In the event the State of Arizona or the United States imposes upon the City any 
additional form of leave, paid or unpaid, for the purpose of family or child assistance, 
such leave shall not be considered as time worked for purposes of the regularly scheduled 
work week.  
 
 
ARTICLE 13: PAID AND UNPAID LEAVE (paragraph 8, 10)  
 
8) Limited Alternate Assignment (Off duty injuries)  
 
a) The City may, at its sole discretion, provide limited alternate assignments for Members 
who are unable to perform the essential functions of their positions, with or without 
reasonable accommodations, due to temporary injuries or illness, physical or mental, that 
are not covered by Worker's Compensation.  
 
b) The limited alternate assignment (for off-duty injuries/illness) will not exceed a period of 
sixty (60) calendar days, unless to do so would be in the best interest of the City. Any 
extension of the sixty (60) calendar days will be with the recommendation of the Fire 
Chief and require approval of the City Manager.  
 
c) Actual hours worked on light duty related to an off-duty injury will count as 1.4 hours 
worked for purposes of achieving the Fair Labor Standards Act (FLSA) 7-day work 
period overtime. Actual hours worked in excess of 53 hours in a 7-day work period will 
be paid at overtime rates.

R22-12-27 – Exhibit “A” 
2 
 
10) Limited Use of Accrued Leave as Hours Worked  
 
a) Accrued vacation leave, and other leave counted as hours worked, shall be counted as 
hours worked for purposes of calculating overtime when a Member missed a regularly 
scheduled shift(s)  but only in an amount needed to bring a Member's total hours worked 
for a work period to 72 hours, when scheduled to work three twenty-four hour shifts in 
the 7-day work period or 48 hours, when scheduled to work two twenty-four hour shifts 
in the 7-day work period.  
 
b) Sick leave may be used when a Member missed a regularly scheduled shift(s) but only in 
an amount needed to bring a Member’s total hours worked for a work period to 72 hours 
when scheduled to work three twenty-four hour shifts in the 7-day work period or 48 
hours, when scheduled to work two twenty-four hour shifts in the 7-day work period. 
Sick leave will be paid as straight time.  
 
c) A Member who has taken time off that would be covered under sick leave may, at the 
Member's option, request the use of vacation time instead of sick leave.  
 
i. 
Example A: A Member is scheduled to work three twenty-four hour shifts in 
the 7-day work period. The member takes 24 hours of vacation during a work 
period and does not work any additional time other than the Member’s regularly 
scheduled time. The Members hours worked without the vacation time would be 
48hours. The entire 24 hours of vacation shall be considered hours worked so the 
Member's total hours worked for purposes of calculating overtime for the work 
period will be 72 hours. This Member would be paid 53 hours at straight time and 
19 hours at time and one-half.  
 
A member is scheduled to work two twenty-four hour shifts in the 7-day 
work period. The member takes 24 hours of vacation during the 7-day work 
period and does not work any additional time other than the Member’s regularly 
scheduled time. The Member’s hours worked without the vacation time would be 
24 hours. The entire 24 hours of vacation shall be considered hours worked. This 
member would be paid 48 hours at straight time and 0 hours at time and one-half.   
 
ii. 
Example B: A Member is scheduled to work three twenty-four hour shifts in 
the 7-day work period. A Member takes 24 hours off for vacation, but also 
works 24 extra hours beyond the Member's 48 (72 scheduled – 24 vacation) hours 
worked in the 7-day work period. Since this Member will have 72 actual hours 
worked in the work period none of the vacation leave time is needed to bring the 
total hours worked up to 72 hours. Therefore, none of the 24 hours of vacation 
leave will be processed. This Member would be paid 53 hours worked at straight 
time, 0 hours vacation, and 19 hours as overtime at time and one half. 
 
A Member is scheduled to work two twenty-four hour shifts in the 7-day 
work period. A Member takes 24 hours off for vacation, but also works 24 extra 
hours beyond the Member's 24 (48 scheduled – 24 vacation) hours worked in the

R22-12-27 – Exhibit “A” 
3 
 
7-day work period. Since this Member will have 48 actual hours worked in the 
work period none of the vacation leave time is needed to bring the total hours 
worked up to 48 hours. Therefore, none of the 24 hours of vacation leave will be 
processed. This Member would be paid 48 hours worked at straight time, 0 hours 
vacation, and 0 hours as overtime at time and one half.  
 
Example C: A Member is scheduled to work three twenty-four hour shifts in 
the 7-day pay work period. A Member takes 48 hours of vacation, but also 
works 24 hours outside the Member' regularly schedule time. This Member will 
have 48 hours of actual hours worked in the work period. Therefore, 24 hours of 
the vacation hours will be counted as hours worked in order to bring the total 
hours worked for this work period to 72 hours. The remaining 24 hours of 
vacation time will not be processed. This Member will have a total of 48 hours 
actual worked and 24 hours vacation), 19 hours will be paid at time and one half 
and 53 hours paid at straight time. 
 
A Member is scheduled to work two twenty-four hour shifts in the 7-day 
work period: A Member takes 48 hours of vacation, but also works 24 hours 
outside the Member' regularly schedule time. This Member will have 24 hours of 
actual hours worked in the work period. Therefore, 24 hours of the vacation hours 
will be counted as hours worked in order to bring the total hours worked for this 
work period to 48 hours. The remaining 24 hours of vacation time will not be 
processed. This Member will have a total of 48 hours actual worked, 0 hours will 
be paid at time and one half and 48 hours paid at straight time. 
 
ii. 
Example D: A Member is scheduled to work three twenty-four hour shifts in 
the 7-day work period. A Member becomes ill during the work period and 
leaves after working only 18 hours. This Member has 54 hours (72-hour work 
period less 18 hours worked) that qualify for use of sick leave. If the Member uses 
sick leave and does not work any other time outside the Member's regularly 
scheduled time, the Member will be paid 72 hours at straight time (18 hours 
worked plus 54 hours sick leave). However, if the Member requests to charge 
vacation leave rather than sick leave for the 54 hours, the Member would be paid 
53 hours at straight time and 19 hours at time and one-half.  
 
A Member is scheduled to work two twenty-four hour shifts in the 7-day 
work period. A Member becomes ill during the work period and leaves after 
working only 18 hours. This Member has 30 hours (48-hour work period less 18 
hours worked) that qualify for use of sick leave. If the Member uses sick leave 
and does not work any other time outside the Member's regularly scheduled time, 
the Member will be paid 48 hours at straight time (18 hours worked plus 30 hours 
sick leave). If the Member requests to charge vacation leave rather than sick leave 
for the 30 hours, the Member would be paid 48 hours at straight time (18 hours 
worked plus 30 hours sick leave).