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RESOLUTION NO. 5760 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHANDLER, ARIZONA, AMENDING CITY OF CHANDLER PERSONNEL RULE 15, LEAVES OF ABSENCE, SECTIONS 4, VACATION LEAVE ACCRUAL; 5, MAXIMUM ACCRUAL OF VACATION CREDITS; 10, STATUTORY SICK LEAVE; 14, BEREAVEMENT LEAVE; 15, MILITARY SPECIAL LEAVE; 17, SPECIAL LEAVE WITHOUT PAY; 18, EXTENDED SPECIAL LEAVE WITH PAY; 20, DOCTOR’S RELEASE; 21, PAYMENT OF SICK LEAVE; AND 23 ADMINISTRATIVE LEAVE. WHEREAS, the Human Resources Director is charged with preparing Personnel Rules for the administration of the City's merit system, including any necessary amendments thereof; and WHEREAS, the Human Resources Director proposes the amendment of Personnel Rule 15 to update and clarify procedures and practices and address current needs; and WHEREAS, the proposed amendments have been reviewed by the City Manager and referred for action. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chandler, Arizona, as follows: Section 1. The amendment of the Personnel Rule 15 attached hereto as Exhibit A is approved and adopted. Section 2. All other Personnel Rules not amended hereby shall remain unchanged. PASSED AND ADOPTED by the City Council of the City of Chandler, Arizona, this 13th day of June 2024. ATTEST: CITY CLERK MAYOR Resolution No. 5760 Page 2 CERTIFICATION I HEREBY CERTIFY that the above and foregoing Resolution No. 5760 was duly passed and adopted by the City Council of the City of Chandler, Arizona, at a regular meeting held on the 13th day of June 2024, and that a quorum was present thereat. CITY CLERK APPROVED AS TO FORM: Attachments: Personnel Rule 15 amendment CITY ATTORNEY Resolution 5760 Exhibit A RULE 15 – LEAVES OF ABSENCE Section 4. Vacation Leave Accrual A. A full-time work schedule consists of 52 weeks a year and 80 hours of work during the pay period except for employees of the Fire Department who are assigned to an alternate FLSA 7(k) work period. B. Employees that are represented by a recognized employee organization pursuant to the requirements of the City of Chandler Code Section 2-13 shall be eligible for the vacation leave accrual schedule as agreed upon in the organization’s current Memorandum of Understanding. C. Full-time, regular employees, except for those represented as provided under Section B of this Rule and those accruing vacation leave as provided in Section D of this Rule, shall be credited vacation leave as follows for every completed pay period: 4.7 5.0 hours per pay period for the first 5 years of service. 5.6 5.9 hours per pay period for employees with 5 or more years of service but less than 10 years of service. 6.5 6.6 hours per pay period for employees with 10 or more years of service but less than 15 years of service. 7.4 hours per pay period for employees with 15 or more years of service, but less than 20 years of service. 8.3 hours per pay period for employees with 20 or more years of service. D. Department Directors and regular, full-time exempt employees, who on September 7, 2014, are being credited with vacation leave in accordance with the accrual rate below continue to be credit vacation leave as follows for every completed pay period: 5.6 hours per pay period for the first 5 years of service. 6.5 hours per pay period for employees with 5 or more years of service but less than 10 years of service. 7.4 hours per pay period for employees with 10 or more years of service, but less than 15 years of service. 8.4 hours per pay period for employees with 15 or more years of service. 9.3 hours per pay period for employees with 20 or more years of service. E. An employee who is credited with vacation leave as provided in Section D of this Rule shall no longer accrue that vacation leave if, a competitive recruitment, involuntary or voluntary demotion, transfer, or reclassification occurring on or after June 22, 2017, results in that employee no longer reporting to a Department Director. The employee shall then accrue credited vacation leave as provided under Section C of this Rule. F. Employees hired on or after September 7, 2014, who are not represented by a recognized employee organization pursuant to the requirements of the City of Chandler Code Section 2-13, shall be credited vacation leave as provided under Section C of this Rule. G. Regular employees who work less than full-time but 1,040 hours or more a year in a budgetarily approved position shall be credited vacation leave on a prorated basis. The prorated basis shall be established by dividing the number of hours scheduled per week by 40 and multiplying the accrual rate for full-time employee with the same length of service. H. The accrual rate for employees of the Fire Department assigned to work shifts, which require more than 40 hours per week, shall be on a prorated basis. The prorated basis shall be established by dividing the number of hours scheduled per week by 40 and multiplying by the accrual rate for a full-time employee with the same length of service. I. Leaves of absence compensated under the Workers’ Compensation statutes shall be considered as paid service for absences no longer than 2,080 hours (or the equivalent as computed under the Rule for Fire Department employees assigned to more than a 40- hour week, or the Rule for regular employee who work less than full-time but 1,040 hours or more per year in a part-time regular budgeted position) and the employee shall continue to accrue vacation leave. J. Temporary, full-time employees paid directly by the City of Chandler, who become or already have become regular employees, shall be allowed to credit toward their vacation accrual rate the time worked in a temporary position if the employee served in a temporary, full-time position for at least one year prior to becoming a probationary employee. Section 5. Maximum Accrual of Vacation Credits A. Vacation credits shall not be allowed to accumulate in excess of 240 320 hours, or the equivalent as computed under: (1) the Rule for Fire Department employees assigned to more than a 40-hour week, or (2) the Rule for regular employees who work less than full time but 1,040 hours or more per year in a part-time regular budgeted position, as of the last full pay period with a pay day in January. B. Any vacation credits in excess of 240 320 hours, or the equivalent as computed under: (1) the Rule for Fire Department employees assigned to more than a 40-hour week, or (2) the Rule for regular employee who work less than a full time but 1,040 hour or more per year in a part-time regular budgeted position, shall automatically be moved to a vacation carryover accrual balance that must be used by June 30th of that same year. Any vacation carryover not used by June 30th, will be forfeited. C. Employees may elect to forfeit vacation credits in excess of 240 320 hours or the equivalent as computed under: (1) the Rule for Fire Department employees assigned to more than a 40-hour week, or (2) the Rule for regular employees who work less than full time but 1,040 hours or more per year in a part-time regular budgeted position, in lieu of having the hours moved to vacation carryover balance that must be used by June 30th of that same year. . . . Section 10. Statutory Sick Leave (SSL) A. Beginning July 1, 2017, all rRegular and temporary employees may designate accrue and use up to a maximum of 40 hours of accrued sick leave per tax calendar year as Statutory Sick Leave (SSL). Temporary employees may accrue and use up to 40 hours of Statutory Sick Leave per tax calendar year. Up to the first 40 hours of City Sick Leave used by an employee each calendar tax year shall be concurrently designated as Statutory Sick Leave. B. Statutory Sick Leave may be used for the following purposes as provided by Arizona statute: 1. Absences related to an employee’s mental or physical illness, injury, or health condition, including the need for medical diagnosis, care or treatment, and preventive medical care; 2. Absences to care for a family member with a mental or physical illness, injury or health condition including the need for medical diagnosis, care or treatment, and preventative medical care; 3. Absences related to a public health emergency affecting the employee or employee’s family member such as the closure of the employee’s place of business or employee’s child’s school or the need to care for a family member whose presence in the community may jeopardize the health of others because of exposure to a communicable disease; and 4. Absences related to domestic violence, sexual violence, abuse or stalking where the absence is necessary for the employee or employee’s family member to: a. Obtain medical attention to recover for related physical or psychological injury; b. Obtain domestic violence, sexual violence, or victim services; c. Obtain psychological or other counseling; d. Relocate or take steps to secure an existing home; or e. Obtain related legal services. C. For purposes of the use of Statutory Sick Leave only, the term “family member” is defined as: 1. Regardless of age, a biological, adopted, or foster child, stepchild, or legal ward, a child of a domestic partner, a child to whom the employee stands in loco parentis, or an individual to whom the employee stood in loco parentis when the individual was a minor; 2. A biological, foster, step-, or adoptive parent or legal guardian of an employee or an employee’s spouse or domestic partner or a person who stood in loco parentis when the employee or employee’s spouse or domestic partner was a minor child; 3. A person to whom the employee is legally married under the laws of any state, or domestic partner of an employee as registered under the laws of any state or political subdivision; 4. A grandparent, grandchild, or sibling (whether of a biological, foster, adoptive or step relationship) of the employee or employee’s spouse or domestic partner; or 5. Any other individual by blood or affinity whose close association with the employee is the equivalent of a family relationship. D. To the extent possible Unless an absence is unforeseeable, employees are required to must make a good faith effort to provide advance notice of and to schedule any absence and must schedule absences in a manner that does not unduly disrupt operations. When an employee’s need for Statutory Sick Leave is not foreseeable, advance notice of the absence is not required. In cases where advance notice is not required possible, the employees shall follow his or her their Department’s notification and reporting procedures for the use of sick leave. E. When Statutory Sick Leave is used for an absence of three or more consecutive days, the Director, after consultation with the Human Resources Director, may require an employee to provide reasonable documentation that the Statutory Sick Leave was used for a permitted purpose under this Rule. 1. For health-related absences, documentation signed by a healthcare provider indicating the use of sick leave was necessary shall be considered reasonable documentation. 2. For absences related to domestic violence, sexual violence, abuse or stalking, reasonable documentation includes: a. A police report; b. A protective order, injunction against harassment, general court order, or other evidence from a court or prosecuting attorney confirming a court appearance by the employee or employee’s family member; c. A signed statement from a domestic violence or sexual violence program or victim services organization confirming the receipt of service by the employee or employee’s family member; d. A signed statement from an attorney, clergy member, or medical professional confirming the employee or employee’s family member is a victim of domestic violence, sexual violence, abuse, or stalking; or e. The employee’s written statement confirming the employee or the employee’s family member is a victim of domestic violence, sexual violence, abuse, or stalking. 3. All documentation received for purposes of documenting the need for Statutory Sick Leave must be treated and maintained in a confidential manner. 4. Statutory Sick Leave may only be used for the purposes provided under Arizona statute and this Rule. An employee may be required to provide additional information for absences of fewer than three (3) consecutive days only if there are factual circumstances which cause the supervisor to reasonably question whether the leave was used for a permitted purpose under this Rule and Arizona law. All such requests for additional information must be coordinated through Human Resources. F. The employee is responsible for designating leave as Statutory Sick Leave for payroll and reporting purposes. G. Statutory Sick Leave may only be used for an employee’s absences from scheduled work. It may not be used to receive pay for time an employee is not scheduled to work. H. When applicable, the City’s Family and Medical Leave Policy will apply to absences designated as Statutory Sick Leave. Up to the first 40 hours of Family and Medical Leave used in a tax calendar year shall be designated Statutory Sick Leave/Family and Medical until Statutory Sick Leave is exhausted. I. An employee’s eligibility to use City Sick Leave in accordance with the provisions of Section 9 of this Rule is not affected by the employee’s use or non-use of available Statutory Sick Leave. A regular employee may designate and use available sick leave hours as Statutory Sick Leave (up to 40-hour annual maximum) or City Sick Leave. After an employee has used 40 hours of Statutory Sick Leave in a tax calendar year, any additional illness or injury related absences during the tax calendar year will be subject to all rules, policies, and regulations applicable to City Sick Leave including, but not limited to the provisions of Section 9 of this Personnel Rule. Because the use of City Sick Leave under Section 9 of these Rules meets the requirements for Statutory Sick Leave usage, up to the first 40 hours of Sick Leave used by an employee each tax calendar year shall be concurrently designated as Statutory Sick Leave. Any leave designated by an employee as either Sick Leave or Statutory Sick Leave shall be deducted from the employee’s annual Statutory Sick Leave bank until exhausted. J. Statutory Sick Leave is a designated use of accrued sick leave. It does not accrue separately from, or in addition to, the accrual of City Sick Leave hours by regular employees. K. If an employee separates from City service and is rehired within nine (9) months of separation from City employment, any unused Statutory Sick Leave will be reinstated upon rehire. L. All accrued sick leave not designated by the employee as Statutory Sick Leave will be subject to the rules, policies, and regulations applicable to City Sick Leave including, but not limited to, Section 9 of this Rule. M. No employee shall be discriminated against or subjected to retaliation for: (1) requesting or using Statutory Sick Leave; (2) assisting any person in doing so; or (3) informing any person of their rights under this Rule of the Arizona Fair Wages and Healthy Families Act. An employee’s use of Statutory Sick Leave in accordance with this Rule and Arizona law shall not be a factor in any disciplinary action. N. Statutory Sick leave accrual for employees of the Fire Department who work more than a 40-hour week shall be prorated according to the formula as in Section 4H of this Rule. O. The Human Resources Director shall establish rules and procedures specific to the accrual and use of Statutory Sick Time by temporary employees. . . . Section 14. Bereavement Leave A. Family Death: For the purposes of bereavement leave, an immediate family member is defined as mother, father, spouse or domestic partner, child, brother, sister, grandfather, grandmother, grandchild, uncle, aunt, first cousin, or person serving in loco parentis of either the employee or the employee’s spouse. When a member of an employee’s immediate family dies, the employee shall be granted a special leave with pay, not chargeable against any leave credits, based on the chart below. FAMILY MEMBER (Includes in-laws) BEREAVEMENT LEAVE Spouse/Domestic Partner Up to 5 days Child UP to 5 days Parent/Loco Parentis Up to 5 days Grandparents/Grandchild Up to 5 days Sibling Up to 5 days Aunt/Uncle/First Cousin 1 day for a period not to exceed three workdays. Two additional days of special leave with pay may be granted if the employee must travel out of state. This special leave with pay shall be approved by the Department Director. If additional leave is needed, the employee must use vacation credits or take leave without pay. B. Exceptions for Special Circumstances. In the event of unique or exceptional circumstances related to family relationships not explicitly covered in the policy outlined above, directors have the discretion to make exceptions to the standard policy. Such exceptions may include, but are not limited to, situations involving individuals who, while not meeting the criteria of immediate family members as defined in Section A, have a significant and demonstrable impact on the employee's personal circumstances. Directors may consider requests for additional bereavement leave or modifications to the existing leave duration on a case-by-case basis. Requests for exceptions should be submitted in writing and include a detailed explanation of the circumstances warranting the request. Any approved exceptions will be communicated to the employee and their supervisor in writing, specifying the duration and conditions of the modified bereavement leave. It is understood that exceptions granted under this provision will be rare and based on compelling and justifiable reasons. The intent is to provide flexibility in situations not explicitly covered by the standard bereavement leave policy. C. Death of Co-Worker: Special leave of absence with pay may be granted by the City Manager to allow co-workers to attend memorial/funeral services, allowing sufficient local travel time to and from service site. Such leave is not to be charged to any of the employee’s accrued leave or compensatory time. Section 15. Military Special Leave A. An employee who is a member of the National Guard or a member of the Reserve Corps of the United States Armed Services shall be entitled to leave of absence from duties without loss of time, pay, vacation or other employment rights as provided by City policy consistent with State statutes and Federal law. B. Employees must utilize all existing applicable leave before leave without pay will be approved. C. Military orders or other documentation acceptable to the Human Resources Director, which shows the dates of the employee’s required military duties, shall be attached to the leave of absence request form. . . . Section 17. Special Leave Without Pay A. The Department Director may approve special leave without pay. This leave without pay is intended only for short periods of time and may not exceed 15 working days. Leave without pay will be approved only when all applicable leave time is exhausted. B. For absences longer than 15 days, upon written request, an employee may, with the approval of the Department Director and the City Manager, be granted special extended leaves of absence without pay for any of the following reasons: 1. To run for elective office. 2. To enable an employee to engage in a course of study which will increase the employee’s usefulness to the City service. 3. To enable any regular employee a leave of absence for equally good reasons. In the case of a conflict of interpretation, determination by the City Manager as to what constitutes “equally good reasons” will be final and the employee will have no right of appeal. C. A leave of absence request form approved by the Department Director and the City Manager, indicating the specific date when the leave of absence will end, shall be submitted to the Human Resources Director. An employee who fails to return to work on or before the ending date of the leave shall be absent without approved leave. Section 18. Extended Special Leave with Pay An employee may be granted an extended special leave with pay when it is clearly in the best interests of the City and leave is recommended by the City Manager and subsequently approved by the City Council. . . . Section 20. Doctor’s Release A. A certificate from a health care provider releasing the employee to return to work may be required for any absence due to illness or injury of three (3) or more consecutive working days in duration. The certificate must be presented to the immediate supervisor before the employee resumes the performance of duties. The certificate must state that the individual has recovered from illness or injury and is able to perform the duties of the position. B. The Department Director, in coordination with Human Resources Director, may require the employee to submit a doctor’s certificate for any length of absence due to illness or injury if in the Department Director’s opinion, it is in the best interests of the City. No medical documentation shall be required for an absence of less than three (3) consecutive days for which Statutory Sick Leave was used. . . . Section 21. Payment of Sick Leave A. A regular full-time or part-time employee who retires from City employment through a City-affiliated retirement system or is approved for long-term disability benefits within 180 days of separation and is eligible to retire at separation shall be compensated for all accumulated sick leave at the rate of fifty percent (50%) of the accumulated sick leave at the employee’s current rate to be deposited into the employee’s City sponsored Retirement Health Saving Plan Account Post Employment Health Plan (PEHP). B. A regular full-time or part-time employee who retires from City employment through a City affiliated retirement system or is approved for long-term disability benefits within 180 days of separation and is eligible to retire at separation shall be compensated for Years of Service Pay as established by the City Manager for each twelve (12) month year of City of Chandler service prorated for any partial year when the employee has a minimum of five (5) years of regular service with the City of Chandler. These funds will be deposited into the employee’s City sponsored Retirement Health Savings Plan account Post Employment Health Plan (PEHP). C. The beneficiaries of an employee who dies prior to retirement shall receive compensation for all accumulated sick leave at the rate of fifty percent (50%) of the accumulated sick leave hours at the employee’s current base rate and shall receive compensation for Years of Service Pay as established by the City Manager for each 12- month year of City of Chandler service prorated for any partial year. D. The beneficiaries of an employee who dies in the line of duty shall receive compensation for all accumulated sick leave at the rate of one hundred percent (100%) of the accumulated sick leave hours at the employee’s base rate and shall receive compensation for Years of Service Pay as established by the City Manager for each twelve (12) month year of City of Chandler service prorated for any partial year. E. When an employee is laid off, no part of the sick leave balance shall be paid. F. An employee who terminates from City employment for any reason other than stated in Section 21 shall forfeit all accumulated City Sick Leave. . . . Section 23. Administrative Leave A. The Department Director may place an employee on administrative leave with pay at any time for the purpose of investigating allegations against the employee, which could result in disciplinary action. Such administrative leave shall not exceed 30 calendar days except with the approval of the City Manager, who may approve an additional 30 days time if the investigation is so complex that it cannot be completed in 30 days. Administrative leave shall be ordered, in writing, after coordination with the Human Resources Director. Such administrative leave will not be considered a disciplinary action, and the employee shall not have any appeal rights. After the investigation has been completed, for which the employee was placed on administrative leave, the Department Director after coordination with the Human Resources Director, shall dismiss, demote, suspend without pay or reinstate the employee, without prejudice. If the employee is reinstated without prejudice, all reference to the administrative leave shall be removed from the employee’s file. B. Administrative leave with pay may be granted by the City Manager in emergency situations to allow employees to attend to business resulting from serious accidents involving employee’s property, which has been damaged or lost, due to fire, flooding, devastating wind, vandalism, or by other means out of the employee’s control to prevent. Administrative leave with pay may also be granted by the City Manager due to malfunction of publicly owned or controlled machinery or equipment; for the well-being of the employees; or when it is in the best interest of the City. C. Department Directors may grant annually one day of administrative leave with pay to employees who warrant such absence. D. Leave granted under this rule is not to be charged to any of the employee’s accrued leave or compensatory time. Revised January, 2002 – Resolution No. 3472 Revised June, 2008 – Resolution No. 4203 Revised May, 2009 – Resolution No. 4289 Revised September, 2010 – Resolution No. 4463 Revised June, 2011 – Resolution No. 4519 Revised September, 2011 – Resolution No. 4536 Revised November, 2013 – Resolution No. 4728 Revised September, 2014 – Resolution No. 4762 Revised May, 2015 – Resolution No. 4847 Revised June, 2017 – Resolution No. 5068 Revised June, 2022 – Resolution No. 5594 Revised June, 2024 - Resolution No. 5760