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Anniversary dates for all salary and wage adjustments will be the date of the employee’s last range adjustment.
E. Application of Rates. Employees occupying a position in the competitive service shall be paid a salary or wage established for that position’s class under the pay plan as approved and adopted pursuant to section B above. The minimum rate, if provided, for the class generally shall apply to employees upon original appointment to the position. However, the City Manager may, when circumstances warrant, authorize original appointment or reinstatement at other than the minimum rate.
F. Advancement. In order to compensate an employee properly, advancements in salary shall be based upon recognized improvement, efficiency and effective service.
Advancements shall not be automatic, but shall depend upon increased service value of the employee to the City as determined by attainment of individual goals established from timeto-time by each individual employee and his or her Department Head, as documented in a written performance evaluation. All employees are expected to work closely with their Department Heads in establishing individual work programs and goals and, together Department Heads and subordinates, should attempt to achieve and realize mutually established goals and objectives for individual improvement.
Realization of these goals shall be the prime consideration for wage and salary adjustments and shall be made only upon recommendation of the Department Head and with approval of the City Manager. The following are additional areas that exemplify increase service values:
1. Length of service.
2. Performance record.
3. Additional training, other efforts at self-improvement.
4. Attitude towards job.
5. Personal conduct.
6. Conscientious attendance.
7. Safety alertness.
8. Continual improvement as recognized through work objective attainment.
9. Efficient and effective service.
10. Other factors of individual achievement as appropriate to the particular position.
G. Steps. The following criteria shall guide in the movement of individual employees from step to step within the Five Step Plan.
1. Step A – shall be the minimum hiring rate.
2. Step B – employees shall be eligible for advancement to Step B upon completion of a probationary period of six (6) months or twelve (12) months for a sworn in Police position and upon recommendation by the Department Head that growth of performance is satisfactory and upon approval of the City Manager.
3. Step C – employees shall be eligible for advancement to Step C upon completion of
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one (1) year at Step B and upon recommendation by the Department Head that growth of performance is satisfactory and upon approval of the City Manager.
4. Step D - employees shall be eligible for advancement to Step D upon completion of one (1) year at Step C and upon recommendation by the Department Head that growth of performance is satisfactory and upon approval of the City Manager.
5. Step E – employees shall be eligible for advance to Step E upon having served a minimum of one (1) year at Step D and upon recommendation by the Department Head that growth of performance is satisfactory and upon approval of the City Manager.
H. Merit Increases. The City Manager may increase the salaries of employees on the basis of merit within the range set forth in the compensation plan; however, the City Manager may not advance an employee in this classification without first utilizing a written Evaluation prepared by the employee’s supervisor, and approved by the employee’s Department Head. A favorable performance evaluation shall be a prerequisite for consideration of the merit increase.
I. Salary Following Promotion.When an employee in the City service is promoted to a position allocated to a class with a higher salary, a new anniversary date shall be established for the purpose of eligibility for consideration for future wage adjustments, pursuant to Section F above.
I. Salary Following Demotion. In the case of demotion of any employee in the City service to a class with a lower maximum salary such as recommended by the Department Head and approved by the City Manager, the employee shall retain his previous anniversary date for the purpose of eligibility for consideration for future wage adjustments, pursuant to Section F above.
J. Revision of Salary Ranges. When a salary range for a given class is revised upward or downward, the incumbent(s) of position(s) and class(es) affected shall have their existing salary adjusted to the new salary range and their anniversary date(s) shall not be changed.
K. Deductions. Deductions from pay checks are made in accordance with prevailing laws, contracts, rules and regulations:
1. Deductions required by law and contracts: For example, federal withholding tax, social security tax, court-ordered garnishments, City-adopted retirement premium, etc.
2. Deductions made on the written authorization from each employee: For example, group medical and hospitalization premium, credit union, charitable contributions, recognized employee organizations, and such other deductions as authorized by the employee and approved by the City Manager.
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L. Reporting Compensation Issues. It is the City’s policy to comply with the requirements of the FLSA and California laws regarding compensation and deductions.
1. If an employee believes that an improper deduction has been made to his or her paycheck, or believes that his or her pay has been calculated improperly, the employee should immediately report this information to his/her direct supervisor, Payroll, or the Finance Director.
2. Reports of improper deductions or improper payment will be promptly investigated. If the City determines that an improper deduction has occurred, the employee will be reimbursed for any improper deduction made or any correction in pay needed to remain consistent with the wage and hour provisions, or any governing provision of a union contract or other legal obligation. Similarly, improper payments to employees will also be subject to reimbursement by the employee. In the event of an overpayment or overpayments in the total amount of $500.00 or more, the employee, with the approval of the City Manager, may be allowed to enter into an agreement with the City to reimburse the City in a series of deductions or payments over a specified period of time until the City is fully repaid.
M. Pay Periods. The pay period for all employees shall be bi-weekly, with each pay period closing on alternate Sundays. Pay day is the Friday following the end of the pay period.
N. Compensation Upon Termination. When an employee's employment with the City of Willows is terminated, the employee will receive the following compensation on the next regularly scheduled payday:
1. Regular wages for all hours worked up to the time of termination which have not already been paid;
2. All overtime or holiday pay due;
3. Accrued but unused sick leave is not compensated upon termination; however, in the event an employee retires directly from City service such accrued sick leave is credited as service time.
4. Accrued and unused vacation leave and compensatory time;
5. Less any authorized deductions for any unpaid personal expenses, for any expenses due to the failure to return City property as required prior to the date of termination.
7.2 BENEFITS
The City of Willows strives to provide the best, most equitable and cost effective benefits for its employees. Employees should likewise recognize that the total cost of the benefits in
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this section supplement each employee’s pay and should be viewed as additional compensation. Policies and procedures that govern the City’s benefit program apply to all full-time and part-time employees, whether exempt or nonexempt, unless otherwise stated in a particular benefit plan.
Employees of the City of Willows are eligible to participate in both mandated benefits, such as workers’ compensation, Social Security and State Disability Insurance (SDI), and discretionary benefits, such as vacation, retirement and sick leave.
The City of Willows reserves the right to modify any discretionary benefits when it is determined in the City’s best interest to do so.
A. Mandated Benefits.
(The information below is provided only as a general guideline about several selected mandated benefits. The City of Willows is not responsible for administration of these programs, nor the benefits the employee receives under these programs. These programs are governed by Federal or state law, and are subject to change without notice. The following is not intended to be an exhaustive discussion of any benefit, but generally outlines the availability of such benefits. If you have questions, please consult the Willows office or the agency responsible for administering such benefits.)
1. Social Security and MediCare.
Employees and City of Willows are required to contribute toward Federal Social Security benefits and MediCare from the first day of employment. The amount deducted from employee wages is considered a Social Security tax, used together with City of Willows’ contribution, to fund future retirement and basic health care benefits. Both the employees and City of Willows’ contribution rates are established by law and represent a percentage of earnings. The employee’s portion is deducted automatically from their pay.
Social Security and MediCare partially provide four basic benefits; retirement and disability income, retirement healthcare, and death benefits. Eligibility and entitlement vary depending on individual circumstances. Booklets explaining the details are available at the local Social Security office.
2. Workers’ Compensation.
The City of Willows pays the entire amount of the workers’ compensation insurance premium that provides benefits to employees who experience injury or illness in connection with employment at City of Willows. Eligibility automatically begins on the first day of employment.
Entitlement to workers’ compensation benefits are governed by state law. Benefits available to employees injured on the job may consist of some or all of the following; replacement income for temporary, permanent partial, or permanent total disability; and medical expenses including doctor visits, treatment, surgery, drugs, and hospitalization.
Compensation entitlement begins on the first full day of hospitalization, or after the third
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day of absence due to the injury if an employee is not hospitalized. Please be aware that worker’s compensation benefits and entitlement are subject to change without notice.
The timeliness of payments to injured employees is dependent on City of Willows’ ability to expedite injury reports through their insurance claims representative. When an employee is injured, the employee and supervisor must complete an injury report form at the earliest possible time and submit it to the Administrative Services Director. Further details regarding available workers’ compensation leave are provided in the Leaves of Absence section below.
3. Unemployment Insurance.
Employees may be eligible for unemployment benefits upon termination of service with City of Willows, depending on state law and circumstances connected with termination.
After leaving City of Willows employment, the terminating employee can file an unemployment claim with the California Employment Development Department.
4. State Disability Insurance. The California State Disability Insurance (SDI) program provides short-term wage replacement benefits to eligible workers who need time off work. You may be eligible for SDI benefits if you are unable to work due to non-workrelated illness or injury, pregnancy, or childbirth, or to care for a seriously ill family member or to bond with a new child. Employees make small contributions through payroll deductions for this benefit. Employees unable to work for these reasons should contact the California Employment Development Department.
5. Pregnancy Disability Leave
The City of Willows is committed to providing its pregnant employees a workplace free from harassment or discrimination in terms of compensation, working conditions or other privileges of employment because of their pregnancy, childbirth or a related condition. If you are having a difficult time because of your pregnancy, please inform your supervisor or the Administrative Services Director immediately. You may be entitled to Pregnancy Disability Leave.
Pregnancy Disability Leave is intended to protect your position while you are actually disabled and unable to work because of your pregnancy.
Although Pregnancy Disability Leave may not be necessary, the City will attempt to accommodate medical needs related to pregnancy, childbirth or related conditions. Such accommodations will be based on restrictions your doctor may have placed on your work, as well as the City’s ability to reasonably provide such accommodations. It is important that you meet with your supervisor to discuss possible accommodations such as more frequent breaks to use the restroom, perhaps shorter hours, and so forth. However, should you be unable to perform the essential functions of your position, with or without reasonable accommodation, you may be
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eligible for Pregnancy Disability Leave (“PDL”).
a. Eligibility
An employee who is disabled by pregnancy, childbirth or a related condition may be eligible for leave up to four (4) months. PDL is available when the employee is actually disabled, as certified by her physician. Although the leave need not be taken all at once, all leave taken in connection with a specific pregnancy, either before or after birth, counts toward the four months of leave. PDL is not leave for any specific period of time; rather it is leave for the period of time you are actually disabled as determined by your medical care provider up to four months.
The City asks that you provide at least thirty (30) days of notice of your need for PDL; if thirty days of notice is not possible, please advise your manager at the earliest possible time.
b. Integration with Other Benefits
Pregnancy disability leave is a job protection leave—not paid leave. However, employees will be required to utilize accrued sick leave during this leave, and may utilize accrued vacation as well. An employee may be entitled to receive State Disability Insurance for a period of disability because of pregnancy or childbirth. Please contact the California Employment Development Department for more information about SDI benefits.
The City will maintain the same insurance benefits that the employee had prior to the leave for an eligible employee who takes PDL. Employees will not accrue sick leave or vacation during PDL, nor will employees be paid for holidays during any period of unpaid leave.
c. Return to Work
Before returning to work, the employee must present a written release from her medical care provider certifying that she is able safely to resume her job or duties and perform the essential functions of her position, or can do so with reasonable accommodation. The City will reinstate the employee to the position held before leave began, unless one of the following conditions apply:
i. the employee would not otherwise have been employed in her same position at the time reinstatement is requested for legitimate business reasons unrelated to the employee taking pregnancy disability leave or transfer;
ii. The employee has directly or indirectly indicated her intention not to
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return to work;
iii. The employee is no longer able to perform the essential functions of the job with or without reasonable accommodation; or
iv. The employee’s position is no longer available due to reasons unrelated to the employee’s pregnancy, such as reorganization, layoffs, etc.
If the City cannot reinstate the employee to the position held before leave began, the City will attempt to reinstate the employee to a comparable position, if possible.
If the employee is unable to return to work at the end of her PDL, the City will meet with the employee to discuss the employee’s likelihood of returning to work, the anticipated time of such return, any accommodations that might help the employee return to work, and whether the City will be able to hold the employee’s position open or to locate another suitable position for which the employee is qualified. Despite these efforts, it is sometimes unfortunately necessary to terminate an employee who is unable to return to work within a reasonable time.
6. Family Medical Leave Act/California Family Rights Act.
The FMLA entitles eligible employees to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to:
a. Twelve workweeks of leave in a 12-month period for:
i. a serious health condition that makes the employee unable to perform the essential functions of his or her job;
ii. the birth of a child and to care for the newborn child within one year of birth; iii. the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement; iv. to care for the employee’s spouse, child, or parent who has a serious health condition;
v. any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or b. Twenty-six workweeks of leave during a single 12-month period to care for a covered service member with a serious injury or illness if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin (military caregiver leave).
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c. FMLA/CFRA is job-protected leave, meaning that upon the employee’s return to work, they will be returned to the same job or reasonably equivalent position at equivalent pay, absent exigent circumstances.
d. FMLA/CFRA is not a paid leave, but employees on FMLA/CFRA leave may be required to use accrued sick leave, and may use accrued vacation. FMLA/CFRA leave is not in addition to, but may be used concurrently with, other leaves such as pregnancy disability leave.
e. Eligibility – To be eligible for FMLA/CFRA leave, the employee must have:
i. Worked for the City of Willows for at least 12 months, ii. Worked at least 1,250 hours in the 12 months immediately preceding the leave, and
iii. If the purpose for the leave is a “serious medical condition,” provide a certificate from a physician that the employee or family member suffers from a “serious medical condition.”
f. Any employee wishing to use FMLA/CFRA leave should request such leave as far in advance as possible to enable the City to make arrangements to cover the employee’s duties during his or her absence.
g. The City will continue the employee’s health insurance coverage on the same basis as if the employee was not on FMLA/CFRA leave. This means that the employee must continue to pay his/her share of such insurance premiums during the leave.
h. Return to work - Before returning to work, the employee must present a written release from his/her medical care provider certifying that he/she is able safely to resume his/her job or duties and perform the essential functions of his/her position, or can do so with reasonable accommodation. The City will reinstate the employee to the position held before leave began, unless one of the following conditions apply:
i. the employee would not otherwise have been employed in the same position at the time reinstatement is requested for legitimate business reasons unrelated to the employee taking FMLA/CFRA leave;
ii. The employee has directly or indirectly indicated his/her intention not to return to work;
iii. The employee is no longer able to perform the essential functions of the job with or without reasonable accommodation; or
iv. The employee’s position is no longer available due to reasons unrelated
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to the employee’s leave, such as reorganization, layoffs, etc.
If the City cannot reinstate the employee to the position held before leave began, the City will attempt to reinstate the employee to an equivalent position at equivalent pay, if possible.
If the employee is unable to return to work at the end of the FMLA/CFRA leave, the City will meet with the employee to discuss the employee’s likelihood of returning to work, the anticipated time of such return, any accommodations that might help the employee return to work, and whether the City will be able to hold the employee’s position open or to locate another suitable position for which the employee is qualified. Despite these efforts, it is sometimes unfortunately necessary to terminate an employee who is unable to return to work within a reasonable time.
7. California Paid Family Leave
California law provides for payments from the State Disability Fund for wage loss of employees who take time off work to care for a seriously ill child, spouse, parent or domestic partner, or to bond with a new child (“Bonding Leave”). PFL is a program administered, not by City of Willows, but by the California Employment Development Department. PFL provides you income replacement while on leave - it does not create a new right to a leave of absence or guarantee job protection during your leave.
For purposes of the employee’s employment with City of Willows, PFL is unpaid leave. Prior to receiving PFL benefits, the employee may be required to use some or all of the employee’s accrued sick leave and/or vacation. Further information regarding this program may be obtained through the Employment Development Department’s website:
www.edd.ca.gov/disability/Paid_Family_Leave.htm.
Employees will not accrue vacation or sick leave, nor will employees be paid for holidays during any period of unpaid leave.
B. Discretionary Benefits
NOTE: Following is only a general outline of benefits provided. For more specific information, please refer to the summary plan descriptions which were provided to you upon your employment, or which may be obtained from the Administrative Services Director. These benefits apply only to eligible employees, as the plan for each type of benefit defines the term.
1. Insurances, Generally. All insurance benefits will be made available to regular full-time employees only. Part-time, seasonal and/or temporary employees are not eligible for coverage. Eligibility for benefits will become effective on the first day of the
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month following employment. The cost of insurance coverage is either paid by City of Willows, shared between the City and the employee, or paid entirely by the employee, depending on the type and extent of coverage elected. The employee’s share of insurance premium(s) is deducted from the employee’s payroll. a. Medical Insurance:
The City of Willows provides a comprehensive group medical insurance plan to qualifying employees. Please refer to the Plan documents for further details. b. Dental Insurance:
The City of Willows makes a dental insurance plan available to qualifying employees. Please refer to the Plan documents for further details. c. Long Term Disability Insurance:
The City of Willows does not provide long-term disability insurance. Employees may purchase their own through AFLAC.
d. Life Insurance:
The City of Willows provides a life insurance policy to qualifying employees. Please refer to the Plan documents for further details. The Plan also includes coverage for accidental dismemberment.
e. Vision Insurance:
The City of Willows provides a vision insurance policy to qualifying employees.
Please refer to the Plan documents for further details. f. Benefits Continuation (COBRA)
The Federal Consolidated Omnibus Budget Reconciliation Act (COBRA) gives employees and their qualified beneficiaries the opportunity to continue health and dental insurance coverage under City of Willows’ health plan when a “qualifying event” would normally result in the loss of eligibility. Some common qualifying events are resignation, termination of employment, or death of an employee, a reduction in an employee’s hours, leave of absence, an employee’s divorce or legal separation, or a dependent child no longer meeting eligibility requirements.
Under COBRA, the employee or beneficiary pays the full cost of coverage at City of Willows’ rates plus an administrative fee of two percent. The City of Willows provides each eligible employee with a written notice describing their rights granted under COBRA when the employee becomes eligible for coverage under City of Willows’ health insurance plan. The notice contains important information about the employee’s rights and obligations.
g. Retirement Plan
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The City of Willows provides retirement benefits through plan(s) offered by the California Public Employment Retirement System (CalPERS). Plans are administered by CalPERS, pursuant to rules established by the CalPERS governing board. The cost of retirement plans is shared by the City of Willows and the employee. The City reserves the right to change retirement plans, benefits or contributions, in conformance with California and Federal law.
2. Paid & Unpaid Absences
a. Holidays
The following holidays are observed by the City of Willows, and all employees will be given the day off with pay. The number of paid hours will be based on the number of daily hours each employee is normally scheduled to work. In addition to the following holidays below; the City of Willows also offers its employees three (3) floating holidays.
New Year’s Day Veterans’ Day
Martin Luther King, Jr. Day Thanksgiving Day
Presidents’ Day Friday following Thanksgiving
Memorial Day Christmas Eve
Independence Day Christmas
Labor Day
i. If a holiday falls on a Saturday, the day off given will be the Friday before, if it falls on a Sunday the day off given will be the Monday after the holiday.
ii. If a holiday occurs during a scheduled vacation, the day will count as a holiday and not as vacation.
iii. Any absence due to illness on a regular work day either side of a holiday must be substantiated by a certificate from a physician. iv. Any unauthorized absence on either side of a holiday may be grounds for disciplinary action.
b. Vacation
Vacation is designed to provide employees with reasonable periods of rest and relaxation. Scheduling of paid vacation time off is based on the needs of
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the City before anything else. Because of the impact of vacations on the Willows’ workload, employees must request vacation at least one month in advance of any vacation. Every attempt will be made to grant the employee’s first choice. However, to maintain normal operating efficiency, it may be necessary to rearrange vacation schedules, and this will be done on the basis of seniority, as well as the City’s needs. Also, to prevent holidays from being monopolized by employees with the most seniority, requests for vacation taken around holidays will be rotated among all employees.
Full-time permanent employees earn vacation from their first day of employment following completion of the employee’s probationary period. *
Indicates from the commencement of the 6th and 11th years of service.
However, no vacation is accrued during the probationary period, no vacation will be paid if the employee is terminated before the end of his or her probationary period. Upon successful completion of the probationary period, the employee will be credited with vacation that would have been accrued from the first day of employment. Vacation hours are accrued based on total hours the employee is entitled to be paid, including work time and authorized paid time off, such as holidays, vacation and sick leave. 1) Accrual.
i. Permanent full-time employees shall accrue vacation as follows:
Years of
Continuous Service
Hours Accrued
Per Full Month
0 through 5 years 6.67
6* through 10 years 10.00
11* years and above 13.33
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NOTES:
(1) Vacation accrual, usage and carry over for represented employees is as set forth in applicable MOUs.
(2) The above accrual schedule is for full-time employees. (3) Part-time employees are not eligible to accrue or use vacation. (4) Employees on an alternate 4-day, 40-hour workweek accrue vacation at the rates set forth above. Daily vacation usage is in accordance with the number of hours in the scheduled work day.
ii. Temporary employees will not accrue or be eligible for paid vacation.
iii. Seasonal and part-time employees will not accrue or be eligible for paid vacation.
2) To utilize accrued vacation, employees should request advance approval from their supervisors. Requests will be reviewed based on a number of factors, including business needs and staffing requirements. The employees of City of Willows can be denied a vacation as requested because the needs of the Willows to conduct business and provide services are a priority.
3) Holidays falling within the employee’s authorized vacation/leave period shall not be charged as vacation time.
4) VACATION MUST BE TAKEN IN MINIMUM INCREMENTS OF FOUR (4) HOURS.
5) Employees are encouraged to use available paid vacation for rest, relaxation, and personal pursuits. Employees MUST take one consecutive five (5) day block of vacation time, excluding weekends (a minimum of 7 consecutive days off) each year. If a holiday falls during an employee’s scheduled vacation, the vacation may be extended, or the employee may schedule the fifth (5th) day for a later time, so long as the employee has been away from their position for at least seven (7) full days.
6) Advances on vacation will not be granted - at no time may an employee take leave in excess of their accumulated balance.
7) No employee shall be permitted to carry more than 360 hours of vacation time forward to the next calendar year. Any accrued hours in excess of 360 hours as of June 30 each year will be paid to the employee in the next regularly scheduled payroll at his or her regular rate of pay at the end of the year.
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8) Employees on authorized leaves of absence of 30 days or less will continue to accrue vacation; employees will not earn vacation when on leave for more than 30 days for any part of the absence. 9) No sick leave occurring immediately before or after an employee’s scheduled vacation will be paid without a doctor’s certification of the illness and the employee’s inability to work as a result. 10)All accrued, but unused vacation time, will be paid upon termination of employment at the employee’s current hourly or salaried rate of pay at the termination of employment.
c. Sick Leave
It is City of Willows’ intention to provide a method of furthering the health and general welfare of its employees, while establishing standards to ensure maximum and reasonable job attendance. Therefore, sick leave should not be viewed as a right to be used at an employee’s discretion, or as a permissive level of absence. It is a privilege of paid time away from work, when such absence is necessary. 1) Earned: Sick leave will be earned by all employees who work at least 30 days a calendar year for the City of Willows. However, no sick leave may be used until successful completion of an employee’s probationary period.
Sick Leave will be earned as follows:
Sick leave will not accrue during any absence from work for 30 days or more for any reason other than paid vacation or holidays.
2) Use: Sick leave is authorized when an employee is unable to work due to a disabling injury, illness, or contagious condition, or when the employee is required to attend to the critical illness/injury of the employee’s child, parent, spouse or domestic partner. Sick leave approval will be based on accrued balances prior to the current pay period for absences during the current pay period. Sick leave may not be used in advance of being earned. 3) Doctor’s Certificate: Any period of sick leave of more than three (3) Employee
Category Hours Accrued
Full Time, Permanent 8.00 per full month
Part-Time, Seasonal,
Temporary 1 hr./30 hrs. worked
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consecutive days must be supported by a certificate from a physician. The employees Department Head or City Manager may require the employee to provide a physician’s certification of illness at any time and for any period of absence.
4) Holidays & Vacation Occurring During Sick Leave: Every request to use sick leave in conjunction with a paid holiday, or in conjunction with or during a paid vacation, must be supported by a certificate from a physician. 5) Reporting Sick Leave: In the event an employee is ill and unable to work, he or she must personally speak with their supervisor or manager at least onehalf hour prior to the start of their work shift on the day of the absence. The expected duration of the absence is to be reported at that time if at all possible. The employee must contact either their supervisor, or another manager each day they are absent.
6) Compensation: Compensation paid to the employee during the period of sick leave will be at the regular rate of pay and the number of hours each employee is regularly scheduled to work.
7) Termination: Sick leave accrued but not used will NOT be paid upon termination of employment. In the event an retires directly from City service, accrued but unused sick leave will be added to the employee’s service time. d. Bereavement Leave
1) A regular full-time employee may be granted up to three (3) days of paid bereavement leave following the death of a member of his or her immediate family.
For purposes of this leave, immediate family shall mean father, father-in-law, mother, mother-in-law, step-parent, brother, sister, wife, husband, child, grandparent, grandchild or legal ward.
2) If an employee requires more than three days, he/she may request additional time from his/her supervisor, and take such additional time as unpaid, vacation or sick leave.
3) The employee must substantiate the need for such leave, such as providing a copy of the death certificate, newspaper obituary, proof of travel, etc. 4) An employee may request one (1) day of unpaid leave to attend the funeral of a friend who is not one of the family members set forth above. If the City’s requirements permit the absence, the employee’s supervisor will grant the leave.
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e. Jury Duty and Witness Duty
1) An employee will be granted leave for jury duty as required by law. In the event a regular full-time or part-time employee is required to serve on a jury, the City will pay the difference between regular salary and jury duty pay. The employee must submit copies of the jury summons to his/her supervisor as soon as possible prior to the jury date and submit jury duty pay slips to his/her supervisor after jury duty is completed.
2) Any employee who has a day or half-day off from jury duty is expected to return to the City to work for that time.
3) An employee who is required by law to appear in a non-work related court case as a witness may take vacation or unpaid time off for the appearance. The employee must provide his/her immediate supervisor with reasonable advance notice.
f. Voting Time
Employees who are registered to vote may take up to two (2) hours of paid time off to vote. The employee must give at least two (2) days’ notice prior to the election that they need time off for voting at either the beginning or the end of their day. The Employee’s supervisor may ask for a voting receipt. Employees may serve as election officials on election day. Such time off will be without pay. g. Unpaid Leaves of Absence
1) Employees may from time-to-time face circumstances which require them to take extended leaves of absence. The circumstances necessitating such leave vary widely, may require certain procedures or may entitle the employee to certain protections under the law. Accordingly, it is not possible to set forth rules which cover all such leaves of absence. If any employee believes that he or she must take such leave, please contact the City Manager immediately. 2) Generally, no such leave may ever exceed six (6) months. The employee must request the leave in writing no less than thirty (30) days before the leave is to begin, if possible, giving the reason why such leave is necessary, and the dates on which the leave is to begin and end.
3) Any such leave must first be approved by the City Manager, who must find that the leave will not significantly adversely affect the operations of the Willows.
Should the City Manager approve the leave, it shall be submitted to the City Council for final approval. The Council shall, in its sole discretion, either approve or disapprove the leave as requested, or approve some lesser time than requested, at its first meeting after the employee has submitted the request. 4) In the event any such leave is approved, the employee must use all accrued vacation and all accrued sick leave. After all vacation and sick leave is exhausted, any such remaining portion of the leave will be unpaid.
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5) The employee will not accrue vacation or sick leave while on such leave of absence, and shall not receive holiday pay for any holiday occurring during the leave. The foregoing is not applicable if the leave of absence is due to the serious illness or injury of the employee or a member of the employee’s family. 6) The employee may continue insurance coverage through the City during any such leave, but must bear the entire cost of such insurance coverage during the leave, and shall pay the City for such coverage in advance. If the leave of absence is due to the serious illness or injury of the employee or a member of the employee’s family, the City will continue to pay the City’s share of such insurance overages. 7) In the event the leave of absence was due to any illness or injury of the employee, the employee shall submit a certificate from his or her physician certifying that the employee can return to work and setting forth any restrictions or limitations on the employee’s ability to perform the essential functions of his or her position. 8) If the leave of absence is for the purpose of military service, the employee will have all of the protections of Federal and California law, including the right to return to the employee’s same or similar position, retention of seniority, and so forth. 9) The employee must give the City at least fifteen (15) days’ notice prior to his or her intended return from a leave of absence.
10) Failure to return to work following the end of the leave of absence, or within three (3) days after release by your physician to return to work, will be construed as job abandonment and your employment will be terminated. 11) No employee on a permissive leave of absence pursuant to this section will be guaranteed that his or her position will be held or available, or that any comparable position will be available, upon the employee’s intended return. h. Unexcused Absences
1) An “unexcused” absence is an absence for which the employee has made no request, or one which has not been approved by the employee’s supervisor or manager, and for which there are no extenuating circumstances justifying the employee’s failure to seek and receive his or her supervisor’s approval prior to the absence, as determined in the sole discretion of the City. 2) Unexcused absences are unpaid, and may subject the employee to disciplinary action up to and including termination.
3) Unexcused absences of three (3) days or more will be considered “job abandonment” and will result in the employee’s termination of employment. i. Attendance at Seminars, Outside Meetings and Travel
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The City of Willows recognizes that its employees are an important resource.
Therefore, employees are encouraged to seek training and education in order to increase job competence and to prepare for possible future advancement.
A written record of all formal job-related training and education is maintained for each employee, whether the training is initiated by the City or the employee. Each employee is requested to inform their supervisor of outside activities which are undertaken to improve their competence. Memberships in professional associations related to the employee’s work for the City are also encouraged.
It may periodically be necessary or desirable for an employee to participate in activities outside the normal work location, and it is the policy of the City of Willows to reimburse all reasonable and necessary expenses. (See Expense & Reimbursement Policy attached hereto as Exhibit A.) Employees attending these events must have prior approval. All travel arrangements must also be approved.
Receipts for expenses incurred must be submitted immediately after the event to the Administrative Services Department for reimbursement. If cash advances are necessary, prior approval must be obtained.
If any reimbursement is due to the City because the amount of the cash advance or per diem exceeds actual expenses, the employee is to reimburse the City the difference immediately upon return from the event. Reimbursement of expenses will be made in accordance with the City’s Expense & Reimbursement Policy, Exhibit A.
Generally, however, reimbursement is available for the following:
1) Event registration fees.
2) Personal vehicle travel expenses to and from the event. However, travel expenses are not reimbursable if the distance does not exceed the normal distance an employee travels to and from work. Travel expenses are calculated from the employee’s assigned work location.
3) Parking fees and bridge tolls.
4) Reasonable meal expenses.
5) Lodging.
6) Airline tickets or other transportation fares. Taxi/bus fares.
It is the employee’s responsibility to clarify any questions regarding reimbursement of expenses prior to incurring the expense.
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CHAPTER 8
EMPLOYEE RESPONSIBILITIES
8.1 CONFIDENTIALITY
A. Employee Confidentiality
1. The City of Willows collects only such personal employee information as is necessary to meet all regulatory requirements and to ensure the City’s benefits are made available to each employee. All employee information collected or maintained by the City is maintained on a confidential need-to-know basis. The City strictly complies with the Health Information Portability and Accountability Act of 1996 (“HIPAA”) in its maintenance and use of any such personal identifying information.
2. However, all employees are reminded that, as public employees, certain information such as rates of pay, salary increases or adjustments, benefits provided, and so forth is public information.
B. Security and Confidentiality
1. Each employee must understand it is the City of Willows’ policy to maintain strict control over access to to records, computer information, and items of monetary value. It is contrary to the policy of the City for an employee to discuss, reveal, or to refer to possession of such information, either during or after the end of the employment relationship, other than as necessary to accomplish the duties assigned to the employee.
2. This includes all information about City employees’ families, creditors and other employees. No employee will reveal such information to anyone, including friends, relatives, or the subject of the information, either voluntarily or by request other than those employees specifically authorized to make such disclosures and then only as prescribed by law.
3. Employees who are assigned keys, given special access to, or assigned job responsibilities in connection with safety, security, and confidentiality will be required to use sound judgment and discretion in carrying out their duties. Each employee will be responsible for any wrongdoing or acts of indiscretion.
8.2 OUTSIDE EMPLOYMENT AND CONFLICTS OF INTEREST
Employees shall not, directly or indirectly, engage in any outside employment or possess a financial interest which may conflict, in the City Manager's opinion, with the best interests of the City of Willows or interfere with the employee's ability to perform his/her assigned City job. Examples include, but are not limited to, outside employment which:
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1) Prevents the employee from being available for work beyond normal working hours, such as during emergencies or peak work periods, when such availability is a regular part of the employee's job;
2) Is conducted during the employee's work hours;
3) Utilizes City telephones, cellular telephones, computers, supplies or any other City resources, facilities or equipment;
4) Is employed with a firm which has contracts with or does business with the City; or 5) May reasonably be perceived by members of the public as creating a conflict of interest or one which otherwise discredits public service.
8.3 ANTI-DISRUPTION POLICY
Any conduct in the workplace or while on City time that is disruptive to the normal operations of City business or invades the rights of others will not be tolerated. While on City time, employees are expected to adhere to professional and work-related matters and to treat each other and the public with respect. This includes refraining while on City time from spreading rumors, gossiping or discussing non-business related information about others. Other disruptive conduct includes but is not limited to discrimination, harassment, threats, insults, intimidation, ridicule, profanity, vulgarity, stereotyping, physical or verbal abuse, ignoring the rights of others, and displaying insensitivity to the beliefs and customs of others.
8.4 POLITICAL ACTIVITIES
City employees may participate in political or partisan activities of their own choosing provided that City resources, including the employee’s city work time, and property are not utilized, and the activity does not adversely affect the responsibilities of the employees in their positions. City employees may not campaign on City time or in a City uniform or while representing the City in any way.
A. City employees may not:
1. City employees may not use City facilities, supplies, equipment or vehicles for any campaign purpose. This includes (but is not limited to), copiers, fax machines, mail facilities, typewriters, telephones, automobiles, computers, e-mail, websites, and paper products or the reimbursement for usage of these facilities.
2. City employees may not solicit for a contribution to a political cause or campaign while on City property or City time or while in City uniform.
3. City employees may not have a petition available for signature at City Hall, or other City facility or vehicle.
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4. City employees may not allow others to use City facilities or equipment for political activities, except in accordance with established City policy for use of public meeting space when it is the employee’s responsibility to manage the use of that space.
5. City employees may not use, or allow others to use, City funds for political activities.
B. City employees may:
1. City employees may, on their own time and not with the use of City property or equipment, participate in campaign-related activities.
2. City employees may, on their own time and not in a City facility, gather petition signatures, wear lapel buttons, distribute material, speak before groups, write letters to the editor or display campaign stickers on their personal car. Private employee vehicles displaying bumper stickers may be parked on public property.
3. City employees may identify their position with the City in a letter to the editor (written on their own time). They may not imply that they are expressing an opinion on behalf of the City.
4. City employees may, in the course of work, respond to a political inquiry by providing routine factual information.
5. City employees may respond to requests for public records even if the records will be used in support of or opposition to a measure or candidate, so long as the record isn’t exempt from disclosure under state law.
6. City employees may, under the direction of the City Manager, prepare and distribute to citizens neutral factual information relevant to a ballot proposition, if such action is part of the normal and regular conduct of the City.
Except as noted in this policy, City employees are otherwise free to fully exercise their constitutional First Amendment rights.
8.5 NO SMOKING POLICY
A. Smoking Prohibited in City vehicles and facilities: For health and safety considerations, the City prohibits smoking by employees in all City vehicles and facilities, including City-owned buildings and offices or other facilities rented or leased by the City, including individual employee offices.
B. Outdoor Smoking Restrictions: Smoking is prohibited within twenty-five (25) feet of any entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited. This prohibition also applies to all work areas and any area which employees are required to pass through during the course of employment. The following direction identifies where and when City employees may and may not smoke.
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1. Because California law prohibits any person from smoking at a place of employment, members of work crews are prohibited by law from smoking at any worksite locations. While at a worksite, an employee may only smoke while on his or her break, and the employee must be at least 25 feet from other working City employees. An employee who smokes on a break must do so at least 25 feet from all entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited.
2. This prohibition expressly includes shop areas and work bays, and their associated offices and support areas. Anyone smoking must remain at least 25 feet from all entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited.
3. Smoking on City Hall property is prohibited.
8.6 CITY PROPERTY / PERSONAL POSSESSIONS / PRIVACY LIMITATIONS A. City Property/Privacy Limitations:
1. The City of Willows may furnish desks, closets and/or lockers for security of employee coats, purses and other personal possessions. The City does not, however, assume responsibility for any theft or damage to the personal belongings of employees.
2. Employees should have no expectation of privacy when using such or any other City property. The City regards desks, closets, lockers, work spaces, telephones and voice mails systems, computers, City-issued cell phones and tablets, file cabinets and files, city vehicles, furniture and other City property, as well as data, programs, communications, messages and other property created on, acquired by, developed for or located in any City facility or equipment, either in printed or digital format, as City property. The City reserves the right to search all such devices and property, including any personal possessions contained in them when it determines that there is a security, health, or other appropriate reason to do so. Such reasons may include, without limitation: (i) the need to locate City property; (ii) health or safety concerns; (iii) reasonable suspicion of misconduct; (iv) termination of employee; or (v) for other business-related purposes. The City reserves the right to review the contents of any document or communication, created or stored on a City computer or phone system, including electronic mail, text messaging, and voicemail.
Employees do not have a reasonable expectation of privacy in these areas or in any other City work areas or when using City equipment.
3. City equipment is provided at public expense to assist employees in carrying out official City business. While personal use of City equipment is prohibited, it is recognized that certain de minimis use may occur, e.g., the receipt of a personal phone call on a City-owned phone. It is the employee’s responsibility to ensure the City of Willows incurs no cost as a result of any de minimis personal use of City equipment. Inappropriate or excessive use of City equipment for personal purposes may subject the employee to disciplinary action, up to and including termination.
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B. Personal Property:
1. The City recognizes that employees may need or want to bring personal property to work. The City permits employees to do so but asks its employees to refrain from bringing unnecessary or inappropriate personal property to the workplace. Any property that is not appropriate for the conduct of normal business, that may be disruptive to workflow, may pose a safety risk to employees or the public, or which violates the terms of any City policy may be considered unnecessary or inappropriate. It will be within the City’s sole discretion to determine whether certain personal property is unnecessary or inappropriate.
2. The only personal property that an employee may be asked to use for City business is their personal vehicle. However, employees may choose to bring and use personal property in the performance of job duties. If personal property is used to perform job duties, employees must obtain written approval from a supervisor prior to its use and the property must comply with City standards.
3. It is the employee’s responsibility to safeguard personal belongings. The City will not be liable for lost, damaged or stolen property of its employees and at no time will the City replace or reimburse an employee for personal property that an employee brings to the workplace. Employees are encouraged to exercise reasonable care to safeguard personal items brought to work. For example, employees should not bring valuables to work and should not leave personal items where they might be damaged or stolen.
4. Improper or excessive use of personal property brought onto City property or worksites or during work hours (for example, the excessive or inappropriate use of personal cell phones for personal phone calls, text-messaging, imaging or videotaping), may also result in disciplinary action, up to and including termination.
8.7 COMPUTER SYSTEM, INTERNET AND E-MAIL USE POLICIES
The City of Willows furnishes computers for employees’ use in conducting City business.
This includes access to e-mail and the Internet. The Internet contains many useful features, including e-mail to non-City resources, access to research materials, and information exchange. The purpose of this policy is to establish basic rules for employees’ use of the City’s computer system, including the Internet and Internet e-mail.
A. The Internet can be misused in a variety of ways, including but not limited to:
1. Downloading files that contain viruses, thereby endangering City information services;
2. Accessing objectionable material;
3. Harassing, discriminating and/or bullying other City employees or members of the public;
4. Illegally participating in political activity; and
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5. Wasting work time by performing unauthorized research or accessing nonbusiness related information and people or for computer games, or online games.
B. Individual Responsibilities: Internet users are responsible for complying with this and all other City policies when using the City’s resources for accessing the Internet. Violation of this policy is grounds for disciplinary action, up to and including termination.
C. General Policies for Use of the City’s Computer System, Including the Internet:
1. An employee does not have a right to privacy when using the Internet via City resources and employees should not expect or assume any privacy regarding the content of email communications. The City expressly reserves the right to monitor and inspect the activities of the employee while accessing the Internet at any time, and to read, use and disclose e-mail messages. In addition, all software, files, information, communications, and messages (including e-mails) downloaded or sent via the Internet using City resources are the City’s records and property of the City; such records are subject to potential review and disclosure under the public disclosure laws of the State of California. Even after an email message has been “deleted,” it may still be possible to retrieve it.
2. The City Manager has the right to restrict or prohibit any employee from Internet access for violation of the policies set forth in this section 8.7. Violations may also result in disciplinary action, up to and including termination.
3. Internet use via City resources is for City business. Except as outlined here, use of City’s computer, Internet and email services are for City business only. Some limited personal use is permitted, so long as it does not result in cost to the City, does not interfere with the performance of duties, is brief in duration and frequency, does not distract from the conduct of City business and does not compromise the security or integrity of City information or software. Such limited use shall not occur on “paid time,” but is permitted immediately before or after work hours and during an employee’s breaks. Examples of allowable personal use include accessing a weather report or news item on the Internet, or transmitting e-mail to a family member to assure safe arrival at home. Any personal use of the City’s computer, Internet and email services must comply with all applicable laws and City policies, including anti-discrimination policies and Internet usage policy.
4. Internet use must comply with applicable laws and City policies including but not limited to all federal and state laws, and City policies governing sexual harassment, discrimination, intellectual property protection, privacy, public disclosure, confidentiality, misuse of City resources, information and data security.
5. The City’s computer system permits employees to perform jobs, share files, and communicate internally and with selected outside individuals and entities in the performance and conduct of City business. However, employees are prohibited from gaining unauthorized access to another employee’s e-mail messages, or sending messages using another employee’s password.
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6. In order to prevent potential City liability, it is the responsibility of all Internet users to clearly communicate to the recipient when the opinions expressed do not represent those of the City of Willows.
7. The City has the capability and reserves the right to access, review, copy, modify and delete any information transmitted through or stored in its computer system. The City may disclose all such information to any party (inside or outside the City) it deems appropriate and in accordance with applicable law. Accordingly, employees should not use the computer system to send, receive or store any information they wish to keep private. Employees should treat the computer system like a shared file system–with the expectation that files sent, received or stored anywhere in the system will be available for review by any authorized representative of the City for any purpose, as well as the public if a proper request is made for public records.
8. Good judgment should always be employed in using the City’s e-mail and Internet systems. Employee e-mail messages may be read by someone other than the person(s) to whom they were sent. E-mail inconsistent with the City’s policies must be avoided. For example, it is prohibited to make jokes or comments which could offend someone on the basis of gender, race, age, religion, national origin, disability or sexual orientation. These comments would be in direct conflict with the City’s policies prohibiting discrimination and harassment. Accordingly, employees should create and send only courteous, professional and businesslike messages that do not contain objectionable offensive or potentially discriminatory material.
9. Caution should be taken in transmitting confidential information on the computer system. Employees should use due care in addressing e-mail messages to assure messages are not inadvertently sent to the wrong person inside or outside the City. Special care should be exercised when using the “REPLY ALL” feature on any e-mail system. E-mail creates a written record subject to court rules of discovery and may be used as evidence in claims or legal proceedings. Once sent, e-mail cannot be retracted. Even after deletion at a workstation, e-mail can be retrieved and read.
10. The safety and security of the City’s network and resources must be considered at all times when using the Internet. Any programs from a non-current source (i.e., software that is not purchased in original diskette or CD ROM format) or which involve executable or binary files must not be downloaded or installed without prior permission from the Administrative Services Director, and without being properly scanned for viruses. Employees are not to share or reveal individual passwords to anyone other than an authorized member of IT.
11. There is a wide variety of information on the Internet. Some individuals may find information on the Internet offensive or otherwise objectionable. Individual users must be aware that the City has no control over available information on the Internet and cannot be responsible for the content of information.
12. Prohibited Uses of the Internet: The following is a non-exclusive list of prohibited uses of the Internet and Internet e-mail:
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a. Commercial use – any form of commercial use of the Internet is prohibited;
b. Solicitation – the purchase or sale of personal items or non-business items through advertising on the Internet is prohibited; c. Copyright violations – the unlawful reproduction or distribution of copyrighted information, regardless of the source, is prohibited; d. Discrimination / Harassment / Bullying – the use of the Internet to send messages or other content which is abusive or offensive, harassing, derogatory, discriminatory to employees, citizens, vendors or customers is prohibited;
e. Political – the use of the Internet for political purposes is prohibited; f. Aliases / Anonymous messages / misrepresentation – the use of aliases or transmission of anonymous messages is prohibited. Also, the misrepresentation of an employee’s job title, job description, or position with the City is prohibited;
g. Social networking sites – the accessing and/or creation of social networking sites, such as Snapchat, Facebook, Twitter, blogs and similar sites is prohibited for non-city business purposes;
h. Instant messaging;
i. Misinformation / Confidential Information – the release of untrue, distorted, or confidential information regarding City business is prohibited; j. Viewing or Downloading of Non-Business Related Information - the accessing, viewing, distribution, downloading, or any other method for retrieving non-City related information is prohibited. This includes, but is not limited to, entertainment sites, pornographic sites, sexually explicit sites, chat rooms and bulletin boards;
k. Unauthorized attempts to access another’s network or e-mail account; l. Display or transmission of sensitive or proprietary information to unauthorized persons or organizations;
m. Spamming e-mail accounts from the City’s e-mail services or City machines.
D. Nothing in this chapter prohibits the use and access of the described systems for bona fide law enforcement and investigation purposes.
E. Personal E-mail Accounts. All City employees, including Council Members, are discouraged from using personal e-mail accounts to conduct City business. Because ePage 179 of 292
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mails pertaining to the conduct of the City’s business may be subject to disclosure under California’s public records laws, personal e-mails and other personal materials may also be inadvertently disclosed. Therefore, use only City e-mail accounts for all City business.
8.8 WIRELESS COMMUNICATION DEVICES
A. Wireless communications devices include, but are not limited to, cellular telephones, wireless handheld devices and pagers. An employee’s personal communications using City wireless communications devices should be limited, and employees are expected to exercise sound judgment in both the duration and frequency of such use. These devices should not be treated as if they were the employee’s personal property. As with similar City property, such as telephones, although minor personal use of wireless communications devices is not prohibited by this policy, it must not interfere with the performance of the employee’s work duties or normal business operations of the City. Employees must reimburse the City for costs that would not otherwise have been incurred by the City resulting from the employee’s personal use of such devices.
B. The City reserves the right to monitor the use of all City-owned wireless devices to the extent they involve City business or are made during the employee's scheduled work time. Reasonable precautions should be made to prevent equipment theft, vandalism, and improper use of wireless device equipment and services.
C. Employee use of a personal wireless device shall be governed by and consistent with the guidelines provided for City-owned wireless devices, if the employee-owned wireless device is used for official City business and reimbursement is requested. Use of an employee-owned wireless device for City business should be limited to emergencies and situations where alternative means of communication are unsafe, inconvenient, or not readily available.
D. Payment for Wireless Device Use: Use of City wireless devices for local personal phone calls should be kept to a minimum; long distance personal use is prohibited.
Recognizing that City supplies, services and equipment cannot be used for personal purposes, any person who is assigned a cellular telephone must make provision to assure payment for personal calls, whether by paying cash or signing an agreement to have the funds withheld from wages. An agreement form is available from the Administrative Services Department.
The billing for City-owned wireless device service shall be provided to the employee who has had use of a cellular telephone during the corresponding service period. It is the duty of the employee to note and certify on the City billing which calls were not related to City business or a public safety emergency. The billing shall be returned to the supervisor within five (5) business days, accompanied by information about the personal calls, if there is a cost incurred the employee will pay for the personal calls.
E. Employees should recognize that cellular transmissions are not secure; thus, employees should exercise discretion when relating confidential information during a cellular telephone call.
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F. Employees who abuse this policy for whatever reason may be subject to disciplinary action, including possible termination.
G. Use of Handheld Wireless Communication Devices While Driving is Prohibited:
Except as provided below, the use of handheld wireless communication devices, including but not limited to cellular telephones and tablets (including text messaging), is not permitted while operating a car or other moving vehicle unless a hands-free device is used. If a hands-free device is not used, all necessary phone calls must be made before leaving the previous location or after arriving at the next destination. In the event an employee must make or receive a call or message while driving, he/she must find a safe place to pull over and stop the vehicle.
Employees violating this policy are subject to disciplinary action up to and including termination.
8.9 USE OF CITY VEHICLES, EQUIPMENT AND SUPPLIES
Employees may not use other City supplies or equipment, including vehicles, for personal, non-City-business purposes; provided however, employees assigned emergency response duties may use City vehicles in accordance with applicable departmental policies. All City vehicles shall remain on City property while not in service, unless specifically authorized. An employee’s misuse of City services, property, facilities, telephones, computers, email, vehicles, equipment or supplies can result in disciplinary action up to and including termination.
8.10 SEAT BELT POLICY
As required by California law, anyone operating or riding in City vehicles must wear a seat belt at all times.
8.11 DRIVER'S LICENSE REQUIREMENTS
A. Any employee operating a City vehicle, or using a motor vehicle for City business, must be at least 18 years of age and have a valid driver’s license.
B. As part of the requirements for certain City positions, an employee may be required to hold a valid California driver's license and/or hold a valid commercial driver’s license and continue to meet all the requirements for maintaining such licenses. If such an employee's license is revoked, suspended or lost, or is in any other way not current, valid and in the employee's possession, the employee shall promptly notify his/her Department Head and immediately suspend driving duties. The employee may not resume driving until proof of a valid, current license is provided to his/her Department Head. Depending on the duration of license suspension, revocation or other inability to drive, as well as the employee’s usual duties, an employee may be subject to disciplinary action, including termination. An employee’s failure to notify his/her Department Head of such a license suspension, revocation or other license disqualification may also result in disciplinary action, up to and including termination.
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C. Periodic checks of employee’s driver’s licenses through visual and/or formal State Department of licensing review checks may be made by the City. Employees who do not hold a valid driver’s license must not operate a City vehicle until such time as a valid license is obtained.
8.12 ACCIDENT PREVENTION AND SAFETY
A. It is the City’s intent to provide safe working conditions for its employees. Every employee is responsible for maintaining a safe work environment and following the City's safety rules. Copies are available in Community Development Department. Employees shall promptly report all unsafe or potentially hazardous conditions to their Department Head.
The City will make every effort to remedy problems as quickly as possible.
B. The City encourages the promotion of accident prevention and safety education at regular department/division safety meetings. Employees in certain jobs or when performing certain tasks, operating equipment or as otherwise instructed are required to use personal protective equipment provided by the City, such as safety vests/glasses, hearing protection, gloves and/or hard hats. Employees are prohibited from removing guards or other protective devices from machinery and equipment or in any way tampering with or disabling safety measures. Violations of safety requirements may result in discipline, up to and including termination.
C. In case of an accident involving personal injury or damage to property regardless of how minor or if a motor vehicle is involved in a collision of any kind, any involved employees shall immediately notify their supervisor or Department Head or designee. In any accident that results in serious property loss or bodily injury, it is the City’s policy to test the employee for drugs or alcohol use, to confirm that the use of drugs or alcohol was not a factor in the accident. In addition, no City employee is permitted to engage in conduct after an accident or injury occurs, that will negatively impact the City’s or law enforcement’s investigation of the accident.
D. On the Job Employee Injuries: When an on-the-job injury occurs, employees are to report to their immediate supervisor each injury or illness regardless of the degree of severity. As soon as possible after an accident or occupational illness is discovered, the employee must complete the City’s Personal Injury Accident/Report form and submit it to the Director of Administrative Services within twenty-four (24) hours. If applicable, the employee is responsible for completing the California Employer’s First Report of Occupational Injury or Illness form. Supervisors are required to complete the “Illness or Injury” portions of the form (numbers 7 – 28), and submit the firm to the Administrative Services Director within 24 hours. Should the injury require attention beyond basic first aid, the employee should be transported for medical attention as quickly as possible. In cases of serious injury, an ambulance should be summoned immediately. If an employee will be absent from work for more than three (3) days, the employee or his/her representative should contact his or her Department Head or Administrative Services Director regularly to keep the City informed of their progress and intent to return to work.
E. Accidents/Incidents: Employees shall report any work-related accidents involving a third party personal injury and/or damage to public/private property or equipment, regardless how minor, to their immediate supervisor, Department Head and Human
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Resources. Such report shall be made as soon as possible, but in no event later than one (1) hour following such accident. So that an accident may be timely reported, the initial report may be given verbally. Accident report forms are available from supervisors or Human Resources. A written accident report shall be completed by the employee as soon as possible and, unless the employee is medically unable to, no later than twenty-four (24) hours following the accident, or sooner if required by the employee’s Department Head or Human Resources.
Employees shall compile any reports requested by their supervisor, Department Head and/or Human Resources. In the case of a vehicular accident, the employee shall immediately notify the law enforcement agency having jurisdiction, which shall determine whether or not an accident investigation and/or police incident report is necessary. If required, a State Motor Vehicle Collision Report shall be completed by the employee.
8.13 SAFE WORKPLACE
A. The City is committed to providing a safe and secure work environment for employees, contractors, visitors, and the general public. In an effort to prevent the possibility of violence in our workplace, the City has implemented this Safe Workplace policy. The City strictly prohibits threatened or actual workplace violence. This includes, but is not limited to, the following types of behavior:
• Bullying, engaging in abusive conduct, threatening injury or damage against a person or property;
• Fighting or threatening to fight with another person; • Stalking, following, or invading another employee’s personal life; • Violation of section 8.14 regarding the use or possession of a weapon on City premises;
• Engaging in shoving, fighting, blocking, impeding another person, even if done “all in fun”;
• Abusing or injuring another person;
• Using obscene or abusive language or gestures in a threatening manner; • Raising voices in a threatening manner; and
• Any other behavior that causes others to feel unsafe.
Because of the potential for misunderstanding, joking about any of the above misconduct is also prohibited. Any employee who violates this policy will be subject to immediate discipline, up to and including termination.
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B. Reporting Procedure: Any employee who reasonably believes that a situation with an aggressive employee, member of the general public, or other party (e.g., any person who uses obscene or abusive language or gestures, makes threats, or acts in a violent or threatening manner) may or has become violent should immediately leave the area and call 911. The employee should also report the situation to his/her supervisor and Department Head. If the supervisor and director are unavailable or are part of the violence, the employee shall report the situation to Human Resources. Once the situation has been defused, the supervisor or Department Head must contact Human Resources to initiate a full investigation. The report will be investigated and the appropriate disciplinary or corrective action will be taken.
C. Duty to Report Protective orders: Any employee who is the subject of or protected by a domestic violence protective order or civil protective order, shall immediately report the existence of the order to his/her Department Head or Human Resources Director.
D. Duty to Report Criminal Arrests and Convictions: Any employee who is arrested or convicted for a felony, gross misdemeanor or misdemeanor offence shall immediately report such arrest or conviction to his/her Department Head.
8.14 FIREARMS AND DANGEROUS WEAPONS
A. In order to facilitate a safe work environment, employees are prohibited from bringing, carrying, exhibiting or using any dangerous weapon in the workplace or into a City facility. This includes, but is not limited to, a weapon for which employees have a valid permit. "City facility" means all areas within the ownership and/or control of the City, and includes, but is not limited to, offices, buildings, city vehicles, desks, cabinets, lockers, or storage areas. The term “dangerous weapon” includes, but is not limited to:
• Any firearm, rifle or handgun, whether such person has a license or permit to carry such firearm or not, and whether such firearm is concealed or not. • Any knife, sword, dagger, or other cutting or stabbing instrument, with a blade of a length of three inches or more, or any razor with an unguarded blade, whether such weapon or instrument is concealed or not.
• Any instrument or weapon of the kind usually known as a slingshot, taser, throwing star, bow, sand club, blackjack, metal knuckles, or any stick, chain, metal pipe, bar, club or combination thereof including a device known as nunchuk sticks, or any device having the same or similar components or parts, whether or not connected by a rope, chain or other device, or any explosive or poison or injurious gas (excluding those normally used in the course of one's employment duty), or any other instrument capable of producing bodily harm, whether such instrument or weapon is concealed or not.
• Carrying, exhibiting, displaying or drawing any firearm, dagger, sword, knife or any explosive device, cutting or stabbing instrument, club or any other object capable of producing bodily harm where held or used, in a manner,
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under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of another person or persons.
B. This policy does not apply to or affect the following:
• Any person who is vested by law with a duty to preserve public safety, maintain public order, or to make arrests for offenses, for which the job requires possession of the dangerous weapon in question, while in the performance of such duty.
• Any person making or assisting in making a lawful arrest for the commission of a felony.
• Any situation where an employee’s job duties require the carrying or use of explosives, poisons or other potentially dangerous chemicals or devices, while in the performance of those duties and only as it relates to those items. • Other exceptions as may be authorized in writing by the City Manager.
C. Any employee violating this policy may be subject to disciplinary action, up to and including termination.
8.15 SUBSTANCE ABUSE
A. The City recognizes alcoholism and drug abuse have an adverse effect on job performance and public safety. The City’s policy on substance abuse reflects its concern for the well-being of the employee and the safety of other employees and members of the public.
B. The City of Willows strictly prohibits the possession, consumption, sale, distribution, or being under the influence of, alcohol or controlled substances in the workplace or during work time. Such prohibition includes both medical and recreational marijuana and all derivatives of marijuana plants. When employees are on the job, they are expected to be free from any impairment or substance which would contribute to an injury, accident, property damage, or interfere with productivity. They are to be free of illegal drugs or potentially impairing levels of legal substances. In short, all employees are expected to be “drug- and alcohol-free” and “fit for work.”
C. The possession and use of medically prescribed and over-the-counter drugs during work hours is permissible, provided:
1. The prescription drugs are specifically prescribed by an authorized health care provider for the use of that employee and use of prescription or over-thecounter drugs complies with the recommended dosage and usage.
2. The use of such drugs does not impair the employee’s perception, attention, alertness or ability to safely perform his or her job duties.
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3. An employee who needs to use or be under the influence of prescription or over the counter drugs while at work, must inform his or her supervisor each time any such drugs are used.
4. Depending on the circumstances, employees may be reassigned, prohibited from performing certain tasks, or prohibited from working while using the medication.
D. Availability of Rehabilitation or Treatment: Employees who are concerned about alcohol or drug use are encouraged to seek counseling, treatment and rehabilitation.
Although the decision to seek diagnosis and accept treatment is completely voluntary, the City is committed to assisting employees who voluntarily come forward to overcome substance abuse problems, on the condition the employee utilizes the EAP before the performance problems occur. In most cases, the expense of treatment may be fully or partially covered by the City’s benefit program. In recognition of the sensitive nature of these matters, all discussions between the employee and the EAP provider will be kept confidential. Employees who seek advice or treatment prior to a performance problem will not be subject to retaliation or discrimination. Continued poor performance or failure to successfully complete an assigned rehabilitation program, however, may be grounds for discipline, up to and including termination. Also, if a disciplinary course of action has already begun before an employee requests assistance through EAP, the City may continue on that disciplinary course, and if termination occurs, access to the EAP services may terminate, unless the employee extends health care coverage through COBRA.
E. When Job Performance is Affected: Although the City is concerned with rehabilitation, disciplinary action may be taken when an employee’s job performance is impaired because the employee is under the influence of, or affected by the use of, drugs or alcohol. The City may discipline or terminate an employee who possesses, consumes, sells, purchases, distributes or uses alcohol or controlled substances (other than those legally prescribed) during work hours. The City may also discipline or terminate an employee who reports for duty or who works under the influence of, or is affected by, alcohol or controlled substances. An employee may be required to submit to alcohol or controlled substance testing when the City has reasonable suspicion the employee is under the influence of controlled substances or alcohol. Employees involved in accidents which require medical attention or result in a non-trivial amount of property damage may be subject to a drug and/or alcohol screen. Refusal to submit to City-requested testing may result in immediate disciplinary action, up to and including termination.
F. Prohibitions:
1. The unauthorized use, sale, distribution, purchase or possession of alcohol or controlled substances at the work site or during work hours is prohibited and shall be grounds for discipline up to and including dismissal.
2. The use of City property or the employee's position within the City to make or traffic intoxicants, illegal drugs or controlled substances may be grounds for discipline, up to and including discharge.
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3. Any other use, possession or trafficking of intoxicants, illegal drugs or controlled substances in a manner which is detrimental to the interest of the City may be grounds for discipline up to and including discharge.
4. Reporting to work (including overtime call-outs) under the influence of alcohol or drugs, or any substance which impairs an employee's mental or physical capacity, will not be tolerated. Under no circumstances will an employee be allowed to operate equipment or drive a motor vehicle when it reasonably appears an employee’s ability to do so is impaired. Any employee using medication or prescribed drugs which may impair job performance shall report this fact in writing to his/her supervisor.
G. Supervisor Responsibilities:
1. If a supervisor has reasonable grounds to believe an employee is under the influence of alcohol or drugs when reporting for work or during the work shift, the supervisor has an obligation to verify the employee's condition and relieve the employee of his/her duties. The supervisor should seek the opinion of at least one additional supervisor or Department Head, if practical.
2. The possibility of City or supervisor liability exists if an employee who is under the influence of alcohol or drugs is allowed to remain working, operate or drive vehicles or equipment on the job or drive a private vehicle from the work site. An employee who is believed to be under the influence of alcohol or drugs should not be allowed to operate equipment or drive a vehicle, including a private vehicle, until it is determined the employee possesses the ability to safely operate the equipment or drive a vehicle. If an employee is impaired, a supervisor should transport or arrange transportation of the employee to a medical facility or the employee’s home, as appropriate.
3. A supervisor and/or Department Head who observes a continuing decline in an employee’s job performance or attendance is encouraged to refer the employee to the EAP when usual supervisory actions have failed to yield improvement. In cases where other management methods have failed to improve an employee's job performance, the Department Head has the option to mandate an employee's participation in a structured screening and treatment program as an alternative to dismissal for unacceptable job performance. The employee's compliance with recommendations by the EAP is voluntary. Use of the program is confidential and does not replace normal disciplinary procedures for unsatisfactory job performance.
H. Notification Requirement: Employees must notify Human Resources of any criminal drug conviction for a violation occurring in the workplace or during work hours within five (5) days after the conviction. Appropriate disciplinary action shall be taken against the employee with respect to the conviction, up to and including termination. If the employee is not terminated, participation in an approved drug abuse assistance or rehabilitation program may also be required.
I. Drug and Alcohol Testing – All Employees: The City may require an employee to submit to appropriate tests, including urinalysis, to confirm the existence of alcohol or prohibited drug or substance in his or her system when:
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1. Following an offer of employment but prior to commencing work;
2. the City has a “reasonable suspicion” the employee may be under the influence of, or affected by, drugs or alcohol while on duty; and/or
3. The employee, is involved in a workplace or work-time accident which results in a fatality or serious injury, or results in a non-trivial amount of property damage, or in which the employee is cited under state or local law for a moving traffic violation.
4. “Reasonable suspicion” may be based on contemporaneous observations by a supervisor or other person or upon an employee’s admission to having consumed or used drugs or alcohol.
5. An employee’s refusal or failure to permit such tests upon the City’s request is cause for disciplinary action, up to and including termination.
J. Drug-Free Workplace: Based on the federal Drug-Free Workplace Act of 1988, the manufacturing, distribution, dispensation, possession or use of unlawful drugs or alcohol on City premises or during work hours by City employees is strictly prohibited. Employees also must notify the City within five (5) days of any conviction for a drug violation occurring in the workplace or during work hours. Violation of this policy can result in disciplinary action, up to and including termination. Continued poor performance or failure to successfully complete a rehabilitation program is grounds for termination.
8.16 BULLETIN BOARDS
Information of special interest to all employees is posted regularly on the City of Willows bulletin boards. Employees may not post any information on these bulletin boards without prior authorization of the City Manager or his/her designee.
8.17 CONTACT WITH THE NEWS MEDIA
The City Manager, employees designated by City Manager or designated Department Heads are responsible for all official contacts with the news media during working hours, including answering questions from the media. The City Manager or Department Head may designate specific employees to give out procedural, factual or historical information on particular subjects. Other employees should refer questions from the media to the City Manager or designated media representative.
8.18 SOLICITATIONS
Most forms of selling and solicitations are inappropriate in the workplace. They can be an intrusion on employees and citizens and may present a risk to employee safety or to the security of City or employee property. The following limitations apply:
1. Persons not employed by the City may not solicit, survey, petition, or distribute literature on City premises at any time. This prohibition includes, but is not limited to, persons soliciting for charities, salespersons, questionnaire surveyors, or
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any other solicitor or distributor. Individuals who wish to do business with employees of the City shall be referred to the City Manager’s office.
2. Employees may not solicit others for any purpose during work time.
Reasonable forms of solicitation are permitted during non-work time, such as before or after work or during meal or break periods. Employees who are on non-work time may not solicit other employees who are on work time.
CITY OF WILLOWS
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OCTOBER 2026
Attachment 2
CITY OF WILLOWS
CITY OF WILLOWS
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2 TABLE OF CONTENTS
CHAPTER 1: PURPOSE AND SCOPE .....................................................................................3 CHAPTER 2: CATEGORIES OF EMPLOYMENT,
RECRUITMENT, APPLICATIONS, AND SELECTION ..................................8 CHAPTER 3: HARASSMENT, DISCRIMINATION,
AND RETALIATION PROHIBITED ................................................................15 .
CHAPTER 4: REASONABLE ACCOMMODATION............................................................19 CHAPTER 5: WHISTLEBLOWER PROTECTION ...............................................................21 CHAPTER 6: HOURS AND ATTENDANCE.........................................................................22 CHAPTER 7: GENERAL POLICIES, PRACTICES, AND EMPLOYEE CONDUCT .........30 CHAPTER 8: PERFORMANCE EVALUATIONS..................................................................45 CHAPTER 9: COMPENSATION, BENEFITS & LEAVES OF ABSENCE..........................47 CHAPTER 10: EMPLOYEE RESPONSIBILITIES ..................................................................63 ACKNOWLEDGEMENT OF RECEIPT OF 2026 PERSONNEL RULES..........................81 APPENDIX A: FAMILY AND MEDICAL LEAVES AS PROVIDED BY FMLA/CFRA.....82 APPENDIX B: CALIFORNIA PREGNANCY DISABILITY LEAVE (PDL)..........................88 APPENDIX C: DRUG FREE WORKPLACE...........................................................................92
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3 1.1 INTRODUCTION
The City of Willows places the highest value on its employees. We wish to see satisfied workers, with the support necessary to achieve the objectives of each position. The City believes that clear, consistent personnel policies contribute to greater job satisfaction.
All employees and new hires are required to be familiar with these policies. If questions arise, please begin with a discussion with your supervisor or Department Head.
Employees are encouraged to offer ideas or suggestions for improvement of these policies.
These personnel policies serve as a general guide to the City of Willows' current employment practices and procedures. As such, we hope they will help employees better understand how the City operates and what is expected of an employee, and what the employee can expect in return. These policies also describe the compensation, benefits and other support provided by the City.
1.2 INTENT OF POLICIES
These policies are not intended to be a contract, express or implied, or any type of promise or guarantee of specific treatment upon which an employee may rely, or a guarantee of employment for any specific duration. Although the City desires longterm employment relationships, it is recognized this may not always occur and either the employer or employee may decide to terminate employment. Unless specific rights are granted in employment contracts, Memorandum of Understanding or elsewhere, all employees of the City are considered at-will employees and may be terminated from City employment at any time, with or without cause and with or without notice.
No supervisor, Department Head or representative of the City, other than the City Manager, has authority to enter into any agreement with an employee for employment for any specified period or duration, or to make any written or verbal commitments to the contrary. It is the City’s intent these policies be interpreted as providing a reasonable approach to specific problems and situations; they should be considered as a total set of working procedures rather than interpreting each section, subsection, sentence or phrase separately and out of context.
It is the City’s intent that implementation of these policies, including any future revisions of these policies, will result in no change, increase or decrease to wages, benefits, or working conditions of represented employees that are determined in the bargaining process. The City recognizes the terms and conditions of existing bargaining agreements; implementation of these policies is not intended to change the terms and conditions of any agreement between unions and the City.
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4 1.3 SCOPE OF POLICIES
These personnel policies apply to all City of Willows employees. In cases where these policies conflict with any provisions of a collective bargaining agreement, City ordinance or state or federal law, the terms of that law, rule or agreement prevail. In all other cases, these policies apply. In the event of the amendment of any ordinance, rule, or law incorporated in this document or upon which these provisions rely, these personnel policies will be amended in conformance with those changes.
1.4 CHANGING THE POLICIES
As required, the City Council may modify these policies and, by ordinance or resolution, may enact changes to compensation or benefit levels. The City Manager may deviate from these policies in particular situations, especially in an emergency, to achieve the primary mission of serving the City's citizens. Employees may request specific changes to these policies by submitting suggestions to their Department Head or the City Manager.
These policies do not create an employment contract or implied contract rights for employees, nor do they create a promise or guarantee of specific treatment in a specific situation. The City retains the right to administer or implement these policies appropriate to the situation or occurrence. The City also retains the right to revise, supplement or rescind these policies without prior notice to employees. However, the City will meet and confer with representatives of respective bargaining units for reasonable periods prior to implementation.
1.5 DEFINITIONS
Appointing Authority: The person with authority to appoint and/or remove employees from City positions, or persons delegated by the appointing authority to perform duties which legally may be delegated. The City Manager is the appointing authority for all City officers and employees; and the City Council is the appointing authority for the City Manager and City Attorney.
At-will Employee: Unless specific rights are granted to an employee in a collective bargaining agreement or elsewhere, an employee of the City is an at-will employee pursuant to California law whose employment may be terminated at any time, with or without cause and with or without notice. Such at-will status also encompasses the City’s right to transfer, demote, reduce pay and make other employment changes at any time, with or without cause and with or without notice.
City: The City of Willows.
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5 City Business: Includes work or job duties directly arising out of a work assignment or work duties that directly benefit the City and its operations.
City Council: The City Council is the elected five-member body responsible for the governing of the City of Willows.
City Facility: Any building or other real property that is owned or leased by the City.
Except as otherwise provided herein, the term does not include City parks, parking lots, sidewalks, or streets.
City Manager: A professional, non-political local government official, appointed by and serving at the pleasure of the city council, responsible for overseeing day-to-day operations, implementing council policies, and managing city services.
Class/Classification: Systematic arrangement of job titles into categories according to positions sharing similar job functions and/or responsibilities. A representative sample of the City’s classification system includes classifications such as Management, Technical/ Professional, Skilled Trades.
COBRA Rights: Federal law which permits employees who are separating from City employment to continue eligible group medical coverage at their personal expense for a specified period of time determined by federal law.
Compensatory Time Off: Or “comp time” is authorized time off in lieu of paid overtime.
Confidential Employee: An employee who, by virtue of their position and duties, has access to confidential information concerning the labor relations, negotiations, personnel matters, or other sensitive employment-related information that is maintained in confidence.
Days: References to “days” in these policies means calendar days unless otherwise stated.
Department Head: An employee responsible for directing one or more City departments or divisions.
Emergency: A circumstance that, if not immediately addressed, may cause injury or damage to persons or property.
Employee Assistance Program:A program designed to assist City employees and their family members to solve problems through professional counseling.
Exempt Employee: An exempt employee is one who is expected to work such hours as are
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6 necessary to perform the duties of their position and is not eligible to be paid overtime.
Finance Department or Finance Director: The Finance Department or Finance Director.
General Notification: Notification on employee bulletin boards or through an employee newsletter, email or similar form of notification.
Good Driving Record: Less than two moving violations within the preceding three years; no reckless driving or driving while intoxicated violations within the preceding five years.
Maximum of one motor vehicle accident within the preceding three (3) years for which the applicant received a traffic or criminal citation and was convicted, forfeited bail, or pleaded guilty.
Human Resources, Personnel Officer: The City Manager shall be the personnel officer. The City Manager may delegate any of the powers and duties conferred as personnel officer under this chapter to any other officer or employee of the city or may recommend that such powers and duties be performed under contract as provided in WMC § 2.60.140.
Immediate Family: Includes the following: spouse; domestic partner; parent; child; brother or sister; mother or father-in-law; son or daughter-in-law; grandparent; grandchild; or any relative who lives in the employee's home. An individual is considered a relative whether related by blood, marriage or adoption or as defined by a specific law or regulation. For purposes of benefits or leave eligibility, employees claiming a spouse or domestic partner as an immediate family member shall provide documentation verifying the marriage or registered domestic partnership, as permitted by law.
Intern: An individual who performs work for the City primarily for educational, training, or career-development purposes. An intern may be paid or unpaid depending on the nature of the assignment and applicable law. Interns are temporary and do not obtain regular employee status by virtue of the internship.
Merit Raise: An advance in pay in the appropriate pay range of the adopted salary schedule to recognize satisfactory job performance by the employee. This is based on a performance evaluation which clearly demonstrates the employee has improved their value to the City by consistently meeting and/or frequently exceeding the standards of performance set for the position.
Non-Exempt Employee: A “non-exempt” employee is one who is eligible to be paid overtime as required by California and federal law.
Non-public Area of a City Facility: An area which has been declared by the City Manager or Department Head in charge of the facility as not being open on a regular basis to members of the public.
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7 Non-represented Employee: An at-will employee who is not a member of a bargaining unit and is not represented by a bargaining agent in matters of wages, benefits, and working conditions.
Pro-rata Basis: The ratio between the number of hours in an employee’s normal work schedule and forty (40) hours per week, as it applies to leaves and benefits.
Represented Employee: An employee who is a member of a bargaining unit and represented by a bargaining agent in matters of wages, benefits, and working conditions.
Seasonal Employee: An employee hired to perform work that is seasonal, intermittent, or limited to a particular program, activity, or period of the year. Seasonal employees are not regular employees and are eligible only for those benefits and rights expressly provided by these Personnel Rules, an applicable Memorandum of Understanding, or law.
Sick Leave Abuse: Excessive absenteeism or repeated absence from work without adequate medical explanation.
Vacation Leave: Includes employee choice days and bank days, in addition to annual vacation leave.
Volunteer: A “volunteer” is not a City employee but is instead an individual who provides services to the City for civic or philanthropic reasons and receives no compensation or benefits other than nominal fees and reimbursement of expenses.
Weapon: Any object, instrument or incendiary device which is (1) designed to inflict harm or injury to another person, or (2) used in a manner threatening harm or injury to another person. This includes, but is not limited to: firearms, knives (not including pocket knives with blades less than 3 inches in length), chako sticks and blackjacks.
1.6 EQUAL EMPLOYMENT OPPORTUNITY
The City of Willows encourages and expects its work force to reflect the diversity of its citizens. The City of Willows is an equal employment opportunity employer. The City employs, retains, promotes, disciplines and otherwise treats all employees and job applicants strictly on the basis of job-related qualifications and competence.
The City prohibits discrimination against employees and applicants for employment based on the employee or applicant’s race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age (40 and over), sexual orientation, or military and veteran status or any other basis protected by law.
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8 CHAPTER 2: CATEGORIES OF EMPLOYMENT, RECRUITMENT,
APPLICATIONS, AND SELECTION
2.1 CATEGORIES OF EMPLOYMENT
A. A “regular employee” has completed a probationary period and occupies a part-time or full-time position with the City with no defined date for the end of such employment.
B. A “full time” employee is one who is regularly scheduled to work forty (40) hours per week.
C. A “limited-term” employee is an employee hired to perform in a special, mandated, or seasonal program, or for a specified and limited period of time.
Whenever funds are no longer available for the program, or whenever there is no longer a need for the special or seasonal work, these employees will be separated from City service. Limited-term employees have no rights to layoff procedures but are otherwise entitled to the rights and benefits discussed in this chapter.
D. A “part-time” employee includes regular, seasonal, on-call, and other part-time non-benefited employees (e.g., employees, other than those listed elsewhere in this section, who are employed less than half time, which is hereby defined as employees who are expected to or do work less than 1,040 hours in any one fiscal year).
E. A “temporary employee” is any person hired full-time or part-time in an ad hoc or a regular authorized position for a limited period not to exceed twelve months unless the Personnel Officer approves an extension in writing. The employment of a temporary hire may be terminated without notice and is not eligible for the benefits and rights of this chapter unless specifically stated herein.
F. A “probationary employee” is an employee tentatively appointed to a position in any category by the appointing authority, whether as a new hire or through reemployment, promotion, or demotion, who has not completed a probationary period following appointment to the position.
G. A “volunteer” is not a City employee but is instead an individual who provides services to the City for civic or philanthropic reasons and receives no compensation or benefits other than nominal fees and reimbursement of expenses. A volunteer serves at-will and at the pleasure of the appointing authority, has no property right in continued employment, and is not entitled to any pre- or post-disciplinary procedural due process or evidentiary appeal.
All volunteer activities must be authorized by the City Manager prior to engaging a volunteer.
H. A “non-exempt” employee is eligible to be paid overtime as required by California and federal law.
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9 CHAPTER 2: CATEGORIES OF EMPLOYMENT, RECRUITMENT,
APPLICATIONS, AND SELECTION
I. An “exempt” employee is not eligible to be paid overtime. An exempt employee is expected to work the necessary hours to perform the duties of their position, and may have to work beyond forty hours per week as work demands require.
These employees generally work in direct managerial positions, hold professional, scientific or senior administrative positions, and/or have independent control over most aspects of their jobs. They generally hold positions of responsibility with the City requiring a high level of skill and learning.
2.2 RECRUITMENT
Appointments to vacant positions in the competitive service will be made in accordance with the Personnel Rules. Appointments and promotions are based on merit and fitness to be determined so far as practicable by competitive examination.
Examinations may be used and conducted to aid in the selection of qualified employees and will consist of selection techniques which will test fairly the qualifications of candidates such as achievement and aptitude tests, written tests, personal interview, performance tests, physical agility tests, evaluation of daily work performance, work samples or any combinations of these or other tests. Physical, medical and drug tests may be given as a part of any examination.
A. Locating, attracting and promoting the best-qualified personnel available, either internally or externally, are at all times the primary objectives of any recruitment for personnel.
B. The City Manager or designee is the appointing authority for all City officers and employees.
C. The Council is the appointing authority for the positions of City Manager and City Attorney.
D. Regular, limited term, and temporary positions are filled through the following process:
1. Announcement.
a. Following the Council’s approval to fill a vacant position, a formal announcement of the position will be published which includes a description of the minimum job qualifications and relevant testing criteria.
b. The announcement will occur within a department or within City service as prescribed by the Personnel Officer with the objective of ensuring the most complete internal dissemination, which may include any and all means of communication available.
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10 CHAPTER 2: CATEGORIES OF EMPLOYMENT, RECRUITMENT,
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c. If the recruitment occurs outside City service, the Personnel Officer will provide written notification to the general public by publishing a position announcement in a newspaper of general circulation within Glenn County, or such other county or counties as the Personnel Officer may determine, for a minimum of five (5) days, which time may be increased at the discretion of the Personnel Officer.
d. In all instances the last day of publication will be at least five (5) days before the final date for submission of applications.
2. Employment Applications. Personnel will accept applications during a recruiting period and retain them for one year, subject to the following:
a. Every applicant must submit a completed application, in a form specified by the Personnel Officer, and signed by the applicant by pen or electronically.
b. All applications must identify the specific open position(s) to which they pertain; and
c. All applications must be complete and received by the Personnel Officer within the time specified in the announcement, unless the closing date is extended by the appointing authority, City Manager. d. Applications will not be returned.
3. It is the applicant’s obligation to resubmit an application or a letter requesting consideration or reconsideration of an application for subsequent position openings.
4. Application packets will vary with the position sought and include all documents identified in the job announcement by the Personnel Officer in consultation with the appointing authority; provided that at a minimum an application packet will include the City of Willows application and a handwritten or typed cover letter discussing why the applicant wants the position and why they are the best candidate for the position. Incomplete application packets will not be considered.
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11 CHAPTER 2: CATEGORIES OF EMPLOYMENT, RECRUITMENT,
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2.3 SELECTION
A. After the stated or extended closing date for submission of applications, Personnel will screen the application packets for completeness and satisfaction of the minimum job qualifications, including but not limited to relevant experience, education, training, skills, other abilities relating to the position to be filled, references and, in the case of an existing or former city employee, pertinent information found in the employee’s personnel file.
B. All qualified applicants shall be forwarded to Appointing Authority.
C. When a recruitment has been publicly announced pursuant to section 2.2.D.1 above and the number of applicants meeting the minimum qualifications for the position is three (3) or less, the Personnel Officer, after consultation with the appointing authority, may:
1. Cancel the recruitment entirely; or
2. Modify the conditions of the recruitment.
D. When a position is posted internally only, and there are no qualified internal applicants, outside recruitment is mandatory if the appointing authority wishes to move forward with the recruitment.
E. Scheduled selection procedures may be postponed, cancelled or extended by the Personnel Officer notifying all affected persons and publishing appropriate notice based on the area of recruitment.
2.4 PROVISIONAL APPOINTMENTS
In the absence of an appropriate eligibility list or when necessary to meet operational needs, the appointing authority may make a provisional appointment of a person who meets the minimum qualifications for the position.
A provisional appointment is temporary and shall not exceed six (6) months. A provisional employee may be removed at any time without right of appeal or hearing.
A provisional appointment does not satisfy or count toward a probationary period. If subsequently appointed to a regular position, the employee shall serve the probationary period required by Section 2.5.
A provisional appointment may also be used to temporarily fill a position when the regular incumbent is unavailable due to suspension, administrative leave, or pending disciplinary proceedings.
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2.5 PROBATIONARY PERIOD
All regular appointments, including promotional appointments (unless otherwise authorized), are for a probationary period of six (6) months or eighteen (18) months if hired as career firefighting staff (e.g., Engineer, Captain), and may be extended for an additional period of up to three (3) months if deemed necessary by the appointing authority. Any such extension must be made in writing addressed to the employee.
A. All employees will be evaluated for continued employment prior to the conclusion of the probationary period.
B. The appointing authority may terminate the employment of a probationary employee at any time during the probationary period by providing the employee notice stating the ending date of the employment relationship.
C. An employee in probationary status is not entitled to appeal the termination of their employment with the exception of firefighters in situations recognized by the Firefighters’ Procedural Bill of Rights.
D. A separated probationary employee who was in probationary status due to promotion may, on the recommendation of the appointing authority, be returned to the employee’s prior position with the City.
E. An employee in the competitive service promoted or transferred to a position not included in the competitive service may be reinstated to a position in the class from which he was promoted or transferred if action is taken to reject them unless they are discharged in the manner provided in this chapter and the personnel rules for positions in the competitive service.
2.6 DEVIATION FROM RULES
The City Manager and/or the Personnel Officer may deviate from these procedures for recruitment if the best interests of the City are served by such deviation.
CITY OF WILLOWS
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PERSONNEL RULES
13 CHAPTER 2: CATEGORIES OF EMPLOYMENT, RECRUITMENT,
APPLICATIONS, AND SELECTION
2.7 VERIFICATION OF LAWFUL WORK STATUS
The City of Willows is committed to employing only United States citizens and aliens who are authorized to work in the United States and does not unlawfully discriminate on the basis of citizenship or national origin.
A. Each employee, as a condition of employment, must complete the Employment Eligibility Verification Form I-9, and prior to commencement of employment, present documentation establishing identity and employment eligibility. Former employees who are rehired must also complete the form. In addition, every employee whose documentation for either identity or employment eligibility expires must complete a new Form I-9. In the event an employee loses for any reason their employment eligibility or lawful U.S. residence, the employee must immediately inform their supervisor in writing.
B. Employees with questions or seeking more information on immigration law issues are encouraged to contact the Personnel Officer.
2.8 DISCIPLINARY ACTION FOR FRAUD
Any applicant who has made a false or misleading statement or has practiced any deception, fraud or misconduct in connection with their application may be eliminated from consideration for employment at the City. Any employee who is discovered to have made a false or misleading statement or has practiced any deception, fraud or misconduct in connection with their application is subject to disciplinary action, up to and including termination.
2.9 PROMOTIONS
A. The City encourages promotion from within the organization whenever possible.
The City Manager determines whether the promotional process for a position will be competitive or appointive. The City reserves the right to seek qualified applicants outside of the organization at its discretion.
B. Before advertising a position to the public, the City Manager may choose to circulate a promotional opportunity within the City. Promotional opportunities may be posted on the City bulletin board.
C. New Probationary Period: After promotion to a new position, a new probationary period of six (6) months must be completed, unless waived or reduced by the City Manager. A probationary period for Fire Department employees is 18 months including promotional positions. The City Manager may authorize a Department Head to extend a trial period for up to an additional three (3) months. In the case of unsatisfactory performance, the employee may be transferred back to the previous position held by the employee, if vacant, or to another position fitting the employee's skills and qualifications, within the limits of vacant authorized positions.
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PERSONNEL RULES
14 CHAPTER 2: CATEGORIES OF EMPLOYMENT, RECRUITMENT,
APPLICATIONS, AND SELECTION
2.10 EMPLOYMENT OF RELATIVES
A. Generally, employment of relatives and spouses of employees or Council members is strongly discouraged. The employment of relatives to work in the same area of an organization, or together in a small organization such as the City of Willows, may lead to serious conflicts and problems damaging to employee morale, including claims of favoritism. Therefore, for reasons of business necessity, safety, supervision and morale, the City will not employ two or more members of the same family in the same department and/or division, or in a position where one person is supervised, directly or indirectly, by a relative, spouse, or domestic partner.
1. A relative is a child, stepchild, parent, grandparent, grandchild, brother, sister, half-brother, half-sister, aunt, uncle, niece, nephew, or in-laws of those enumerated by marriage or domestic partnership. A spouse is one of two persons in a marriage, or two people who are registered domestic partners as defined by state law.
2. A supervisory relationship is one in which one employee exercises the right or responsibility to control, direct, reward, or discipline another by virtue of the duties and responsibilities assigned to their City appointment.
B. If one or more of the above conflicts arises in the case of an employee and employee relative, only one of the employees will be permitted to stay with the City unless reasonable accommodations can be made to eliminate present and potential problems. The decision as to which employee will remain will be made by the City at its sole discretion based on business necessity. In the case of a relative of a Council member, the employee will be treated with the same fairness as other City employees in every respect, and no undue influence stemming from their relationship with a Council member will be a factor in supervision, promotion, discipline or any other employment decision of any kind.
CITY OF WILLOWS
CITY OF WILLOWS
PERSONNEL RULES
15 CHAPTER 3: HARASSMENT, DISCRIMINATION,
AND RETALIATION PROHIBITED
3.1 HARASSMENT AND DISCRIMINATION PROHIBITED
A. The City of Willows is committed to providing a work environment free of harassment and discrimination. The City has zero tolerance for any conduct that violates this policy. Conduct need not violate either federal or state laws to constitute a violation of this policy. A single act by a City employee may constitute a violation of this policy and provide sufficient grounds for the City to discipline the City employee.
1. This policy establishes a complaint procedure by which the City will investigate and resolve complaints of discrimination, harassment, and retaliation by and against City covered individuals. The City encourages all covered individuals to report any conduct that they believe violates this policy as soon as possible.
2. The City expressly prohibits any retaliation against an employee because they filed or supported a complaint or because they participated in the investigation or complaint resolution process. Individuals found to have retaliated against an employee in violation of this policy will be subject to appropriate sanction or disciplinary action, up to and including termination of employment.
3. This policy covers the following individuals: applicants for employment at the City; City employees regardless of rank or title; elected or appointed officials of the City; interns; volunteers; and contractors.
4. This policy applies to all terms and conditions of employment, internships, and volunteer opportunities, including, but not limited to, selection, hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of absence, compensation, and training.
B. This policy prohibits discrimination, harassment or retaliation because of an individual’s protected classification. Protected Classification includes race, religion, creed, color, national origin, ancestry, physical or mental disability, genetic information, gender, gender identity, gender expression, medical condition including pregnancy, childbirth or any related medical condition, marital and veteran’s status, sexual orientation or preference, age (40), or any other basis made unlawful by Federal, state or local law, ordinance, or regulation.
This policy prohibits discrimination, harassment or retaliation for the following reasons: (1) an individual’s protected classification; (2) the perception that an individual has a protected classification; or (3) the individual associates with a person who has or is perceived to have a protected classification.
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PERSONNEL RULES
16 CHAPTER 3: HARASSMENT, DISCRIMINATION,
AND RETALIATION PROHIBITED
3.2 DISCRIMINATION
This policy prohibits treating a covered individual differently and adversely because of the individual’s actual or perceived protected classification; because the individual associates with a person who is or is perceived to be a member of a protected classification; or because the individual participates in a protected activity as defined in this policy.
3.3 HARASSMENT
A. This policy prohibits harassment of a covered individual because of the individual’s actual or perceived protected classification.
B. Harassment includes, but is not limited to:
1. derogatory, offensive speech such as epithets, derogatory jokes or comments, slurs, unwanted sexual advances, invitations or comments;
2. visual conduct such as derogatory and/or sexually explicit posters, photography, cartoons, drawings, or gestures;
3. physical conduct such as assault (unwanted touching), blocking normal movement, or interfering with work, this includes, but is not limited to, pinching, grabbing, patting, or making explicit or implied job threats or promises in return for submission to physical acts;
4. unwanted sexual advances, requests for sexual favors and other acts of a sexual nature, where submission is made a term or condition of employment, where submission to or rejection of the conduct is used as the basis for employment decisions, or where the conduct is intended to or actually does unreasonably interfere with an individual’s work performance or create an intimidating, hostile, or offensive working environment;
5. retaliation for having reported or threatened to report harassment, or for participation in any investigation of alleged harassment; and
6. verbal abuse of a sexual nature, graphic verbal commentaries about an individual’s body, sexually degrading words used to describe an individual, suggestive or obscene letters, notes, or invitations.
C. Harassment also includes conduct that another individual who is a member of the protected classification would find unwelcome or unwanted. This may include the following:
1. conduct that is not intended as to harass, even if it is well-intentioned such as gifts, endearing nicknames or hugs;
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PERSONNEL RULES
17 CHAPTER 3: HARASSMENT, DISCRIMINATION,
AND RETALIATION PROHIBITED
2. conduct to which the recipient appears to have consented; the City does not recognize as a defense that the recipient appeared to have consented to the conduct at issue by failing to protest the conduct;
3. conduct about which no employees previously complained;
4. conduct witnessed by a third party or about which a third party learns, even if they did not witness the conduct; and
5. conduct can constitute harassment even if the individual has no intention to harass.
3.4 RETALIATION
Retaliation occurs when an employer takes adverse action against a covered individual because of the individual’s protected activity as defined in this policy. “Adverse action” may include, but is not limited to, the following:
1. disciplinary action;
2. counseling;
3. taking sides because an individual has reported harassment or discrimination;
4. spreading rumors about a complainant or about someone who supports or assists the complainant or who participates in the investigation;
5. shunning or avoiding an individual who reports harassment or discrimination;
6. or making real or implied threats of intimidation to prevent or deter an individual from reporting harassment or discrimination
3.5 REPORTING
A. The City of Willows encourages all employees to report any incidents of harassment immediately so that complaints can be quickly and fairly resolved.
Employees should also be aware that the Equal Employment Opportunity Commission (EEOC) or California Department of Civil Rights (CRD) may investigate and may prosecute complaints of prohibited harassment in employment.
B. Any employee who believes that they have been harassed by a co-worker, citizen, vendor, supervisor or management employee, or a Council member, should promptly report the facts of the incident and the name of the individual(s) involved to their supervisor, the Personnel Officer, another member of the City’s management team, or one of the Council members. Any management employee receiving such a report must immediately report any incident to the City Manager, who will be responsible for the follow-up investigation.
CITY OF WILLOWS
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18 CHAPTER 3: HARASSMENT, DISCRIMINATION,
AND RETALIATION PROHIBITED
Investigations may be conducted by a management employee, the City Attorney, or an outside investigator retained for this purpose, as determined appropriate by the City Manager and Personnel Officer. Employees may also file a complaint with the CRD at calcivilrights.ca.gov or call 800-884-1684 (voice), 800-700-2320 (TTY) or with the EEOC at www.eeoc.gov, or call (800)660-4000.
3.6 COMPLAINT PROCEDURE
A. Any employee who feels they have been the victim of harassment or discrimination should contact their immediate supervisor or other management personnel. In the event the employee feels uncomfortable making such report to their supervisor or manager, the employee should make the report to the Personnel Officer or a Council member. This report can be oral or written, but the City requests a written report containing specific facts of the harassment so that it can be properly and fully investigated.
1. Upon receipt of the initial complaint, oral or written, the supervisor or manager receiving the complaint will immediately report the incident to the City Manager. Upon receipt of the written statement signed by the employee, the City Manager or City Attorney will arrange for a prompt investigation of the complaint. In the event the City Manager is the subject of any such allegation, the report should be made immediately to the Mayor.
2. Once appointed, the investigator will contact and interview the person making the complaint, the person who allegedly initiated the harassment, and any witnesses to the alleged action(s). The accused will also be informed that they have the opportunity to respond to the allegations in writing within seven (7) days.
3. After conducting a thorough investigation, the investigator will submit a written summary of the complaint, the response, and a finding of facts which substantiate, in whole or in part, the allegations to the City Manager or City Attorney. After reviewing the report, the City Manager or City Attorney will determine whether harassment has occurred and notify both parties.
4. If it is determined that harassment has occurred, appropriate disciplinary action, up to and including termination of employment, will be taken. The severity of the discipline will be determined by the severity and frequency of the offense, or other conditions surrounding the incident.
5. The City will make every effort to assure the confidentiality of the complaint to the greatest extent possible; however, complete confidentiality cannot be guaranteed due to the City’s responsibility to investigate the complaint.
CITY OF WILLOWS
CHAPTER 4: REASONABLE ACCOMMODATION
CITY OF WILLOWS
PERSONNEL RULES
19 4.1 REASONABLE ACCOMMODATION AND CERTIFICATION
A. Where it is not an undue hardship or a direct threat to the health and safety of others, the City provides employment-related reasonable accommodations to:
1. employees and applicants who request reasonable accommodations to enable them to perform essential job functions based on temporary or permanent health conditions and as verified by an authorized medical provider;
2. employees with conditions related to pregnancy, childbirth, or a related medical condition, if requested by the employee and with the advice of a health care provider;
3. employees, or members of an employee’s family who is/are victims of “qualifying acts of violence”; and
4. employees who request reasonable accommodation to address a conflict between religious creed, religious dress practice, religious grooming practice, or religious observance and any employment requirement.
B. The City may require the individual to provide reasonable medical documentation confirming the existence of the disability and the need for reasonable accommodation, along with the name and credentials of the individual’s health care provider. If the individual provides insufficient documentation, the City will:
1. explain the insufficiency;
2. allow the individual to supplement the documentation; and
3. pursue the interactive process only to the extent that the request for reasonable accommodation is supported by the medical documentation provided.
If the employee’s condition causes the employee to be unable to perform the essential functions of their position even with a reasonable accommodation, the City may separate the employee from employment.
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20 C. If a pregnant employee, or an employee with a pregnancy-related condition, requests a reasonable accommodation, the City will provide the employee with notice of the need for a medical certification within two business days after the employee’s request for accommodation. A medical certification confirming the need for a reasonable accommodation is sufficient if it contains:
1. a description of the requested accommodation;
2. a statement describing the medical advisability of the accommodation due to pregnancy; and
3. the date that the need for the accommodation will become necessary and the estimated duration of the accommodation.
D. An employee, or an employee whose members of their family is/are victims of “qualifying acts of violence”; who requests an accommodation to provide for their safety while at work must provide both of the following:
1. a written statement signed by the employee or an individual acting on the employee’s behalf, to certify that the accommodation is to address victim-safety concerns while at work; and
2. a certification demonstrating the employee’s status as a victim of domestic violence, sexual assault, stalking, or a crime which can be in the form of:
a police report indicating the employee’s victim status; a court order separating the perpetrator from the employee or that the employee has appeared in court for that purpose; or documentation from a medical professional or counselor that the employee is undergoing treatment for physical or mental injuries or abuse resulting from an act of domestic violence, sexual assault, stalking, violent threats, acts involving the use or presence of a dangerous weapon, or any violence causing injury.
CITY OF WILLOWS
CHAPTER 5: WHISTLEBLOWER PROTECTION
CITY OF WILLOWS
PERSONNEL RULES
21 5.1 POLICY
A. The City of Willows prohibits all of the following
1. Taking any retaliatory adverse employment action against an employee because the employee has or is believed to have disclosed information to any government or law enforcement agency, including to the City, if the employee has reasonable cause to believe that the information discloses a violation of state or federal law, or a violation or noncompliance with a local, state, or federal rule or regulation;
2. Preventing an employee from disclosing information to a government agency, including to the City, if the employee has reasonable cause to believe that the information discloses a violation of state or federal law, or a violation or noncompliance with a local, state, or federal rule or regulation;
3. Retaliating against an employee for refusing to participate in any activity that would result in a violation of state or federal law, or a violation or noncompliance with a local, state, or federal rule or regulation; and
4. Retaliating against an employee because the employee’s family member has or is perceived to have engaged in any of the protected activities listed above.
This policy governs and protects City officials, officers, employees, seasonal, temporary, or applicants for employment.
5.2 COMPLAINT PROCEDURE
A. An applicant, employee, or seasonal/temporary/extra help employee who feels they have been retaliated against in violation of this policy should immediately report the conduct according to the complaint procedure in the City’s policy against discrimination, harassment or retaliation so that the complaint can be resolved fairly and quickly.
B. Supervisors and managers have the same responsibilities as defined in the policy against discrimination, harassment or retaliation.
CITY OF WILLOWS
CHAPTER 6: HOURS AND ATTENDANCE
CITY OF WILLOWS
PERSONNEL RULES
22 6.1 WORKDAYS AND WORK WEEK
A. The standard workdays for most employees are Monday through Friday, 8 a.m. to 5 p.m., with a one-hour unpaid lunch period. For most City employees, the designated work week is forty (40) hours within a seven (7) day work period, from Monday through Sunday workweek. Some departments or positions may use a different designated workweek if specified in an MOU or as otherwise determined by the City. Employees should check with their supervisor or the Personnel Officer if they have questions about their designated workweek. Due to the nature of the City's operations, alternative work schedules and longer hours may be required by the City in some instances.
B. A normal working schedule for regular, full-time employees consists of forty (40) hours each work week. Different work schedules may be established by the City or by bargaining agreements to meet job assignments and provide necessary City services. Each employee's Department Head will advise the employee regarding their specific working hours. Part-time and temporary employees will work hours as specified by respective Department Heads.
C. For qualifying public safety employees, including firefighting and law enforcement personnel, the City may elect applicable exemptions under the Fair Labor Standards Act (FLSA). Designated work periods for such employees shall be established by applicable law, Memorandum of Understanding, or other City policy. Nothing in this section shall be interpreted or applied inconsistently with the Firefighters Procedural Bill of Rights Act or the Public Safety Officers Procedural Bill of Rights Act.
6.2 HOURS OF WORK AND OVERTIME
A. Any City employee may be required, as a condition of employment, to work overtime when necessary as determined by their Department Head. All overtime must be authorized in advance by the employee's Department Head. Working overtime hours without proper authorization may result in employee discipline, up to and including termination of employment.
B. All City of Willows’ positions are designated as either "exempt" or "nonexempt" according to the FLSA. Each employee’s status may be obtained from the Personnel Officer.
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CHAPTER 6: HOURS AND ATTENDANCE
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23 C. Recording time by non-exempt employees: Non-exempt employees must personally record the number of regular and overtime hours worked daily and submit an electronic timecard on the Monday following the completion of a biweekly pay period. This includes recording the time taken off and each request that time off be charged to the employee’s leave bank (vacation, sick leave, etc.).
Employees are required to report all of their time worked. An employee’s signature on their time sheet constitutes their verification, under penalty of perjury, that the time reported as worked or paid leave taken away from work was in accordance with the policies of the City and all time has been recorded accurately.
Misrepresenting information on an electronic timecard, working without recording time worked, being absent or tardy without recording such absence or tardiness, and working overtime without prior Department Head approval are strictly prohibited and may result in discipline up to and including termination of employment. No employee should make entries on another employee’s electronic timecard.
D. Recording time by exempt employees: Exempt employees are not covered by the FLSA overtime provisions and do not receive either overtime pay or compensatory time. An exempt employee is paid to perform a job, which may not necessarily be completed in a normal work week. Nonetheless, exempt employees are required to separately track their time for purposes other than compensation. These purposes include but are not limited to: proper and accurate accrual and use of vacation, sick leave, unpaid leaves of absence, and other leaves.
E. Because exempt employees are compensated to do a job and are not compensated based upon specific time worked, and because they are expected to be available for evening meetings and work outside of regular work hours, including weekends, exempt employees may have more flexibility in their work schedule. Nevertheless, exempt employees must maintain good work habits, be accountable and available to their staff and management, show demonstrated accomplishments and make themselves regularly available during working hours to allow City business to be accomplished. In other words, a “flexible” work schedule for exempt employees should not be interpreted as license to be absent from work. It is the responsibility of exempt staff to notify the Department Head or City Manager, in advance, of all absences that exceed 2 hours.
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CHAPTER 6: HOURS AND ATTENDANCE
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24 F. If an exempt employee has an absence of more than four (4) hours during a regularly scheduled workday, all hours during which the employee is absent that day must be deducted from an applicable leave bank (vacation, sick leave, etc.).
Exempt employees are required to accurately report all time off that should be charged to the employee’s leave bank (vacation, sick leave, etc.). An employee’s signature on their time sheet constitutes their verification, under penalty of perjury, that the days reported as worked or paid leave taken away from work was in accordance with the policies of the City and has been recorded accurately.
Misrepresentation of time worked or leave taken on time sheets or other time tracking reports is grounds for discipline, up to and including termination of employment.
G. Overtime pay and compensatory time off for non-exempt employees:
1. Non-exempt employees are entitled to additional compensation, either in cash or compensatory time off as determined by the City, when they work more than eight (8) hours in a day or forty (40) hours in a work week.
2. Overtime pay is calculated at one and one-half times the employee's regular rate of pay for all time worked beyond the established work period. When computing overtime, work performed by regular employees, whose compensation for overtime is not affected by the 7(k) exemption, will be compensated at the overtime rate for hours in excess of eight (8) hours per day or forty (40) hours per work week.
3. An employee should record their time to the nearest quarter hour. When computing overtime, time paid for but not worked (e.g., holidays, sick leave and vacation time) is not counted as hours worked and therefore does not count towards determining eligibility for overtime payment.
4. It is important to note that not all employees are eligible for overtime payment. For example, lifeguards and certain other seasonal employees may be ineligible according to Federal Code 29 U.S.C. § 213(a)(3).
Employees should ask their supervisor or the Personnel Officer whether they are eligible for overtime payment.
6.3 COMPENSATORY TIME
A. A regular full-time or regular part-time non-exempt employee may request compensatory time off ("comp time") in lieu of overtime pay. However, California has imposed strict limits and a process of application and approval on the accrual and use of compensatory time off in lieu of overtime payment. Employees should consult with the Personnel Officer for current rules relating to comp time.
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CHAPTER 6: HOURS AND ATTENDANCE
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25 B. The City is not required to grant compensatory time in lieu of overtime pay. Use of compensatory time shall be approved on a case-by-case basis by the employee’s Department Head and the City Manager, with administrative approval by the Finance Director. If approved, the employee will be credited with compensatory time at one and one-half times the overtime hours worked. All earned and used compensatory time must be recorded on the employee’s time sheet. Compensatory time accrual shall not exceed eighty (80) hours. The City reserves the right to periodically cash out all or a portion of an employee’s accrued compensatory time.
6.4 ALTERNATIVE REGULAR SCHEDULE
Consistent with the operational needs of the City, alternative work schedules may be allowed for non-represented employees upon approval of the City Manager, in consultation with the employee’s Department Head. Alternative work schedules for represented employees shall be governed by the applicable Memorandum of Understanding.
Alternative work schedules are considered within an established period of work hours and may be implemented provided there is no appreciable disruption to department operations or service to the public during the established hours when City facilities are open to the public. California has adopted stringent regulations pertaining to alternative work schedules, and all such requests must first be made to the Personnel Officer.
6.5 ATTENDANCE
A. Punctual and consistent attendance is a condition of employment and is considered an essential function of the job for all City employees. All employees are expected to report to work as scheduled and perform productive work for the City during their scheduled work shifts. Employees are responsible for maintaining an accurate record of their attendance.
B. Employees unable to work or unable to report for work on time are to notify their supervisor as soon as possible, ordinarily before the workday begins or within thirty (30) minutes after the employee is scheduled to start work. Absent extraordinary circumstances, other employees are not allowed to handle this responsibility for them and should not be asked to do so. Employees must also notify and obtain permission from their supervisor for any early departures or absences during the workday. If an absence continues beyond one day, the employee is responsible for reporting in each day, unless other arrangements have been approved in advance by the employee’s immediate supervisor or the Personnel Officer. If the supervisor is unavailable, the employee should contact the Personnel Officer or designated representative, stating the reason for being late or unable to report for work.
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CHAPTER 6: HOURS AND ATTENDANCE
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26 C. An employee who is absent without authorization or notification on a scheduled workday is subject to disciplinary action, up to and including possible termination of employment.
D. An employee who is absent without notification or authorization for three (3) consecutive scheduled workdays will be considered as having abandoned their job and their employment may be terminated. Employees may also be disciplined up to and including termination of employment for failing to report to work without notice or with insufficient notice, for excessive absenteeism or tardiness, or for other attendance and tardiness problems.
E. If an employee’s regular attendance is impacted by a medical condition, the affected employee is expected to notify their supervisor or Department Head, or contact the Personnel Officer, to discuss whether a temporary change in their work schedule is appropriate. Failure to do so may provide the City with reasonable grounds for disciplinary action based on violation of these attendance requirements.
F. Because of the City’s very limited work force and the City’s inability to cover absences with other employees, compliance with rules of attendance is considered an essential function of the job.
6.6 EMERGENCY CONDITIONS
A. Reporting to work: It is the intent of the City that all City offices remain open and operational during established working hours. Because many City services are essential during inclement weather, natural or man-made disasters, or other emergencies, employees are expected to make every reasonable effort to report to work on time unless otherwise notified by the City. If conditions prevent an employee from reporting to work or cause a late arrival, the employee is responsible for promptly notifying their department.
B. Any regular full-time or regular part-time employee unable to report to work as a result of emergency or extreme weather conditions will be given the option of using any form of accrued leave (including sick leave) or taking time off without pay for time missed if all other leaves are exhausted. The employee must promptly advise their supervisor, as in any other case of late arrival or absence.
Unauthorized absences may be subject to discipline. Under exceptional circumstances, with the approval of the Department Head and City Manager, a request to make up the lost time within the pay period may be granted.
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CHAPTER 6: HOURS AND ATTENDANCE
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PERSONNEL RULES
27 C. Workplace Closures: The City may close any, or all, city offices and facilities and cease operations on any regular workday or portion of a workday, on account of extreme weather conditions, natural and man-made disasters, emergencies that threaten employees' welfare or safety, failure or defect in the supply of power or other utilities, strike or other labor trouble, civil disturbance, acts of civil or military authorities, budgetary shortfall, or for any other reason, whether similar or dissimilar to the above, or for an Act of God. Any regular full-time or regular parttime employee who does not work their regularly scheduled hours due to such closure will be given the option of using any form of accrued leave (except sick leave) or taking time off without pay for time missed.
6.7 BREAKS AND MEAL PERIODS
A. Employees will take one (1) fifteen-minute break, near the midpoint of each work period, for every four (4) hours worked. All breaks will be arranged so they do not interfere with City business or service to the public and must be coordinated with other employees. Breaks may not be used to justify either a late arrival or an early departure from work.
B. Employees who work for more than five (5) consecutive hours are allowed an unpaid meal period of at least 30 minutes that begins no more than five (5) hours from the beginning of the shift. An employee scheduled to work six (6) hours or less may waive the meal period but must take the rest period. Meal periods are scheduled by the employee's supervisor. The scheduling of meal periods may vary depending on department workload. Meal periods are unpaid and are usually one hour in length. Employees are not permitted to work through their meal period to leave work early.
C. Lactation Break Time and Location
1. The City will provide a reasonable amount of break time to accommodate any employee who wishes to express breast milk for their infant child each time the employee needs to express milk. The break time should, if possible, run concurrently with any break time already provided to the employee. If the employee takes lactation breaks at times other than their provided break times, then the lactation break will be unpaid, or the employee may choose to use accrued leave.
Those who wish to take a lactation break at times other than their provided break times must notify a supervisor prior to taking such a break. Breaks may be reasonably delayed if they would seriously disrupt operations. Once a lactation break has been approved, the break should not be interrupted except for emergency or urgent circumstances.
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CHAPTER 6: HOURS AND ATTENDANCE
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PERSONNEL RULES
28 2. The City will provide a room or other appropriate location near the employee’s worksite, that is not in a bathroom, to express milk in private.
The City will provide a room or location close to the employee’s work area that is shielded from view and free from intrusion while being used for expressing milk. The room or location will also meet the following requirements:
a. Be shielded from view and free from intrusion while being used to express milk;
b. Be safe, clean, and free of hazardous materials;
c. Contain a surface on which to place a breast pump
and personal items;
d. Contain a place to sit; and
e. Have access to electricity needed to operate an
electric battery-powered breast pump.
An employee occupying such a private area must secure the door or otherwise make it clear to others through signage that the area is occupied and should not be disturbed. All other employees should avoid interrupting an employee during an authorized break under this section, except to announce an emergency or other urgent circumstance.
The City will provide access to a sink with running water and a refrigerator, or other cooling device, suitable for storing milk near the employee’s work area.
3. An employee may make a request for lactation accommodation, either orally or in writing, with a designated City representative or supervisor.
Following receipt of a request for lactation accommodation, the City will provide a timely written response to the employee in which the City will indicate if it is unable to provide the requested break time or a requested location for expressing breast milk.
The City encourages any employee who does not believe that the City is providing them with an appropriate lactation accommodation as required by state law to inform the designated City representative or supervisor.
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CHAPTER 6: HOURS AND ATTENDANCE
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29 6.8 CALL BACK
All employees are subject to call back to work after the end of their regularly scheduled shifts or on a scheduled day off in emergencies or as needed by the City to provide necessary services to the public. A refusal to respond to a call back, for employees scheduled to work, is grounds for disciplinary action, including possible termination of employment. Employees will be paid for all time spent responding to an authorized call back to work, or a minimum of two hours, whichever is greater.
Employees called back to duty will be paid their appropriate rate of pay for hours worked, including overtime
if applicable.
6.9 PAYROLL RECORDS
The official payroll records are kept by the Finance Department. Except for exempt employees, each employee must submit to their supervisor on a bi-weekly (or as designated by the Finance Department) basis, their electronic timecard, noting hours worked, leave taken, and overtime worked. An employee’s signature on their timecard constitutes their verification, under penalty of perjury, that the time reported as worked or paid leave taken away from work was in accordance with the policies of the City and all time has been recorded accurately. All employee time must be reviewed and approved by the supervisor. The City Manager shall sign work records for Department Heads.
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7.1 GENERAL CODE OF CONDUCT
All City employees are expected to represent the City of Willows to the public in a professional manner which is courteous, efficient and helpful. Employees must maintain a clean and neat appearance appropriate to their work assignment, as determined by the position and Department Head or City Manager.
Since the proper working relationship between employees and the City of Willows depends on each employee's on-going job performance, professional conduct and behavior, the City has established certain minimum standards of personal conduct.
Among the City's expectations are: tact, courtesy and respect towards the public and fellow employees; adherence to City policies, procedures, safety rules and safe work practices; compliance with directions from supervisors; preserving and protecting the City's equipment, grounds, facilities and resources; and providing orderly and costefficient services to its citizens.
The City of Willows is a small workforce and, to function efficiently, employees may be requested to perform duties outside regular assignments, which would be a change in working conditions and subject to "meet and confer" with any union represented employees.
7.2 EMPLOYEE APPEARANCE AND BEHAVIOR
A. Members of the public judge a community not only by service, but also by the appearance of its personnel, equipment and facilities. Good public relations cannot be guaranteed by merely doing a good job; the public must be convinced the service is good through appearance, behavior and personal demeanor.
B. The personal appearance of all employees, especially those who come into contact with the public, is important and should conform to community standards.
Dress should be appropriate to the division/area in which an employee works.
This may include required uniforms or safety attire. All employees should, to the extent reasonable for their job duties, be neat and clean in dress and personal appearance, and convey a professional appearance while engaged in City business. The City Manager or Department Heads may establish reasonable standards of appearance and clothing which are appropriate for the job assignment. These standards may be verbal or in writing. Any accommodation must comply with safety requirements and overall professional appearance.
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Unacceptable Attire and Appearance
While not exhaustive, the following illustrate attire and grooming that may be considered unprofessional in the workplace:
1. Clothing that is overly casual and not appropriate for a professional setting.
2. Garments that are excessively revealing, ill-fitting, or distracting.
3. Clothing with offensive, inappropriate, or disruptive language, images, or logos.
4. Clothing that is unclean, damaged, or otherwise reflect poor personal appearance and/or hygiene.
5. Footwear that is unsafe or inappropriate for the work environment.
C. Those employees provided uniforms by the City of Willows must maintain the uniform in good condition and wear the uniforms. The appearance of uniformed personnel is one of particular importance, since the public is more apt to recognize these employees as City personnel. Uniforms should be clean, pressed and mended properly. The appearance of the uniform depends on the way it is worn, as well as its condition. Employees must use their uniform allowance to replace outdated uniforms.
D. The behavior and bearing of all personnel is an important factor in the formulation of public opinion. Individuals coming into government offices should perceive a positive work environment with inclusive cooperative attitudes. All City employees are expected to represent the City of Willows in a professional manner which is courteous, efficient and helpful. Employees are also expected to use appropriate language for a professional workplace. Profanity and other potentially offensive behavior is prohibited.
7.3 ATTENDANCE AT SEMINARS, OUTSIDE MEETINGS AND TRAVEL A. The City of Willows recognizes that its employees are an important resource.
Therefore, employees are encouraged to seek training and education to increase job competence and to prepare for possible future advancement.
Each employee is requested to inform their supervisor of outside activities which are undertaken to improve their competence. Memberships in professional associations related to the employee’s work for the City are also encouraged.
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B. It may periodically be necessary or desirable for an employee to participate in activities outside the normal work location, and it is the policy of the City of Willows to reimburse all reasonable and necessary expenses. Employees attending these events must have prior approval. All travel arrangements must also be approved. Receipts for expenses incurred must be submitted immediately after the event to the Finance Department for reimbursement. If cash advances are necessary, prior approval must be obtained.
C. Reimbursement of expenses will be made in accordance with the City’s Expense & Reimbursement Policy. Generally, however, reimbursement is available for the following:
1. Event registration fees.
2. Personal vehicle travel expenses to and from the event. However, travel expenses are not reimbursable if the distance does not exceed the normal distance an employee travels to and from work. Travel expenses are calculated from the employee’s assigned work location.
3. Parking fees and bridge tolls.
4. Reasonable meal expenses.
5. Lodging.
6. Airline tickets or other transportation fares. Taxi/bus fares. It is the employee’s responsibility to clarify any questions regarding reimbursement of expenses prior to incurring the expense.
7.4 EMPLOYEE PERSONNEL RECORDS
A. A personnel file is kept for each employee in Human Resources. An employee's personnel file contains: the employee's name; title and/or position held; job description; department to which the employee is assigned; salary; changes in employment status; all training received; performance evaluations; personnel actions affecting the employee, including discipline; accommodation and other pertinent information. Files are kept for at least three years after separation of employment. Personnel files are the property of the City and access to the information they contain is restricted to protect employee privacy interests.
Employees are responsible for promptly notifying Human Resources of any changes in their contact and benefits information, including mailing address; telephone number; persons to contact in emergency; and number and names of dependents.
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B. All medical information about an employee or applicant is kept in a separate medical file which is treated as confidential. Access to an employee or applicant medical information is strictly limited to those with a legitimate need to have that information for City business reasons, or if access is required by law or a subpoena or court order. In the case of an employee with a disability, managers and supervisors may be informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations.
C. A current employee may inspect their own personnel file at reasonable times and at reasonable intervals, within 30 days of a written request; a former employee is entitled to inspect their personnel records one time per year during an agreeable time and in the presence of the City Manager or designee.
Employees are permitted to see any records regarding qualification for employment, promotion, wage increases, earnings and deductions, or discipline.
Employees may, upon written request, receive within 30 days after making a written request, electronic copies of documents placed in their personnel file.
Employees may respond to anything in writing that is in the personnel file, including any negative information, and may request that the response be included in their file. The file is the property of the City, employees may not remove or add items to their file without City approval, and the file must always remain in the custody of the City.
If a current or former employee wishes to have another person/representative inspect their personnel file, they must provide the written authorization to the person/representative. The City Manager or designee will notify the employee and or representative of the date, time, and place of the inspection in writing.
D. An employee may request, through the City Manager, removal from their personnel file of information the employee believes to be irrelevant or erroneous. If the City Manager denies an employee's request to remove information, the employee may file a written rebuttal statement to be placed in their file. A former employee retains this right of rebuttal for two years after the last day of City employment.
E. Personnel files are kept confidential to the extent permitted by law. Except as required by law, access will be limited to the employee, employee's immediate supervisor/Department Head, Personnel Officer, City Attorney, and City Manager, and City Manager’s designee. If an employee engages in misconduct, such information may become available to the public under current interpretations of the public disclosure laws.
7.5 CITY OF WILLOWS
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7.5 RESIGNATION, JOB ABANDONMENT, LAYOFF, AND SEPARATION
OF EMPLOYMENT
A. Types of Separation: probationary release; release of seasonal/temporary employee; resignation; retirement; job abandonment; layoff; non-disciplinary separation; or disciplinary separation.
B. Probationary Release: Probationary employees serving in their initial probationary period with the City may be released at any time during the probationary period as recommended by the City Manager without cause or reason or notice. A released probationary employee has no right to appeal or to submit a grievance.
C. Release of a Seasonal or Temporary Employee: A seasonal or temporary employee may be separated at any time, without cause, and without right to any appeal or grievance.
D. Resignation: An employee who wishes to resign their City employment in good standing must submit written notice of resignation to the City Manager at least two weeks prior to the planned separation date. The written notice must state the reasons for the resignation. Failure to follow this procedure may be cause for denying future employment with the City. A resignation becomes final when the City Manager accepts the resignation in writing. Once a resignation has been accepted, it is final and irrevocable. A resignation can be accepted by the City Manager even if it is submitted less than two weeks prior to the planned resignation date.
E. Retirement: An employee planning to retire may provide a written notice to the City Manager prior to the effective date of the retirement. A notice of retirement becomes final when the City Manager accepts the notice of retirement in writing.
Once a notice of retirement has been accepted, it is final and irrevocable.
F. Job Abandonment: An employee is who is absent for three (3) consecutive scheduled workdays/shifts without prior authorization and without notification during the period of the absence is considered to have resigned from their position. The employee will be given written notice, at their address of record, of the circumstances of the job abandonment, and an opportunity to provide an explanation for the employee’s unauthorized absence. An employee who promptly responds to the City’s written notice, within the timeframe in the written notice, can arrange for an appointment with the City Manager before final action is taken, to explain the unauthorized absence and failure of notification.
An employee separated for job abandonment will be reinstated upon proof of justification for the absence, such as severe accident, severe illness, false arrest, or mental or physical impairment which prevented notification. No employee separated for job abandonment has the right to a post-separation appeal.
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G. Layoff: Whenever the City decides that a reduction in personnel is necessary for economic or operational reasons, any employee may be laid off or demoted for non-disciplinary reasons.
1. Employees will be laid off in the inverse order of their seniority in their classification in the department. Seniority is determined based on the length of continuous employment in the affected classification in the department, or higher classifications in the department. Length of continuous employment includes all days of employment in attendance at work and on authorized or legally-protected leaves of absence. Length of continuous service does not include unauthorized periods of leave or suspension or layoff. Within each classification, employees will be laid off in the following order: temporary; part-time; probationary; and permanent exempt and/or non-exempt employees. If two or more employees in a classification to be laid off have the same length of continuous employment, the employee to be laid off will be decided by lottery.
2. Employees to be laid off will be given 21 calendar days’ notice of layoff.
3. Permanent exempt and/or non-exempt employees who are noticed for layoff and who have previously held a permanent position in a lower classification within the same classification series in the same department, may displace employees in the lower classification provided that the employee seeking to displace has greater length of employment in the lower classification than the incumbent in the lower classification.
Employees in lower classifications will be displaced in inverse order of their length of employment in the classification. Any employee who seeks to displace another must provide the City Manager with written notice no later than five (5) working days after the date of the notice of layoff.
4. If the City Manager determines that a permanent exempt and/or nonexempt employee who is subject to layoff is qualified to perform the duties in a vacant position, the employee will receive a written notice of option to transfer in lieu of layoff. An employee who does not accept a transfer within 10 days after the date of the written notice, forfeits the option to transfer. An employee who accepts a transfer will be paid the rate applicable to the position into which they transfer.
5. An employee who has received notice of layoff may request an appeal, which must be submitted in writing within five (5) business days from the date of the notice of layoff. The City Manager’s decision is final.
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H. Non-Disciplinary Separation: Any employee separated because of an inability to accommodate after the reasonable accommodation and interactive process is concluded, will be given a written pre-separation notice of the reasons for the separation, the evidence supporting the decision to separate for non-disciplinary reasons, and an opportunity to respond before the separation takes effect. Any permanent exempt and/or non-exempt employee has the opportunity for a postseparation appeal as described in the policy on Discipline. (7.6) I. Disciplinary Separation: A permanent exempt and/or non-exempt employee may be separated for disciplinary reasons pursuant to the policy and procedures in the policy on Discipline (7.6).
J. All City property in the employee’s possession must be returned prior to separation, including keys, identification cards, equipment, credit cards, gas cards, cell phones, pagers, and any other City equipment.
7.6 DISCIPLINE
A. Like all organizations, the City requires order, discipline, and conscientious work performance to succeed and to promote efficiency, productivity, and cooperation among its employees. City employees are required to abide by certain rules and maintain appropriate performance levels and standards of conduct. These rules have been established to protect employees and the City from injury or other threats to its employees’ well-being, as well as promote harmonious, efficient working practices. Failure to observe established rules and practices can lead to disciplinary action.
B. As to any issue of employee discipline, the City retains complete discretion as to when a situation calls for discipline and what form and level of discipline are appropriate. Normally, if the problems are performance related, corrective action may call for "coaching" or counseling initially. If problems arise from misconduct or an intentional disregard for directives or these policies, such conduct may warrant more discipline (such as a reduction in pay, suspension without pay, demotion or termination of employment).
C. Performance problems may also warrant more serious discipline, if the City determines the situation has not improved or worsens. However, management will review each situation independently and decide on what it deems to be appropriate discipline, up to and including termination of employment for the first offense. A decision to use progressive-type discipline in a given case is an attempt to improve the performance or behavior, but does not change the “at will” nature of the employment relationship. For represented employees, the City will adhere to procedures established in the applicable labor agreement.
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D. Discipline Defined. For the purposes of this section, discipline is defined as: (1) a temporary reduction in pay; (2) a suspension without pay; (3) demotion; or (4) termination of employment (except termination of employment for medical reasons). Discipline does not include oral or written warnings or reprimands, counseling memoranda, or performance improvement plans (PIP). This section does not apply to employees released from probation.
E. Each of the following constitutes cause for discipline of an employee. This is a partial list and is not intended to reflect all behavior for which discipline may occur, nor is the placement of a cause on the list indicative of the seriousness of the cause.
1. Falsifying personnel records or City records or providing false information concerning employment qualifications.
2. Incompetence, unsatisfactory performance, including quantity and quality of work product.
3. Inefficiency.
4. Dishonesty.
5. Inexcusable neglect of duty.
6. Willfully disobeying a reasonable order or refusal to perform the job as required.
7. In possession, in use, under the influence of, or trafficking in habit forming drugs and/or narcotics or alcohol while at work or on City property during regular business hours.
8. Unauthorized absence without approval.
9. Conviction of a felony or conviction of a misdemeanor related to the performance or duties of the job. A plea or verdict of guilty or a conviction following a plea of nolo contendere to a charge of a felony or any offense involving moral turpitude is deemed to be a conviction with the meaning of this section.
10. Abusive, disrespectful, offensive, discourteous language or behavior directed at other City employees, which reasonably can be construed as intended to cause emotional distress, including nondiscriminatory “workplace bullying.”
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11. Harassing an employee because of membership in a protected group, including but not limited to sexual harassment.
12. Actual or threatened physical violence towards another person.
13. Improper political activity as defined in the Government code.
14. Misuse of City property or damage to public or private property resulting from misuse or negligence.
15. Driving a vehicle on City time without devoting full attention to driving, which can include, but is not limited to, eating, drinking, applying makeup, reading a map, or talking or texting on the phone. Employees are expected to pull to the side of the road for such activities.
16. Violation of Conflict of Interest Code.
17. Working overtime without a supervisor’s approval.
18. Abuse or misuse of sick leave, vacation or other employee benefits.
19. Violations of safety rules.
20. Gambling on City premises.
21. Failure to properly report an absence.
22. Excessive tardiness.
23. Refusal to take and subscribe any oath or affirmation which is required by law in connection with employment.
24. Conduct disrupting city activities.
25. Theft or unauthorized removal or possession of property from city, fellow employees, constituents, or anyone on city property.
26. Other conduct including, but not limited to, use of social media either during or outside of duty hours which is of such a nature that it causes discredit to the department or to the City.
27. Violation of any State law, County or City rule requiring confidentiality of records or information.
28. Inability to perform the duties of the position due to loss or inability to obtain required licenses.
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F. Prior to suspending, demoting or dismissing (collectively referred to herein as “discipline” or “disciplined”) an employee, the supervising manager shall contact and discuss such action with the City Manager, except:
1. Any employee who reports to work and is believed to be under the influence of alcohol or illegal drugs, based on objectively reasonable suspicion, will be transported home as medically unfit for duty and may use any accumulated leave they have to cover the absence from work.
For purposes of this policy, marijuana is an illegal drug in the workplace, even though it may be medically prescribed.
2. Before being transported home, an employee who challenges the determination they are unfit will be provided an opportunity that day, as soon as possible, to establish the suspicion is unfounded by having their blood or urine tested at the approved testing facility designated by the City. The facility shall perform the least intrusive test needed to determine the presence of alcohol/drugs in the employee’s system.
3. In the event the test is positive for drugs or alcohol:
a. The employee will be immediately suspended without pay for five (5) days by their supervisor.
b. In the event the retest is negative, the employee will be reimbursed for all lost wages arising from suspension and their initial removal from work.
4. An employee who elects not to submit to a test waives their right to challenge the determination they were medically unfit for duty due to drugs or alcohol and will be subject to further disciplinary action.
5. An employee in the possession of unauthorized firearms or explosives shall be immediately suspended without pay for five (5) days by their supervisor subject to further disciplinary action.
G. After consultation with the supervising manager, the City Manager may direct that an employee be placed on administrative leave with or without pay pending the results of an investigation into the alleged misconduct. The City Manager may extend the administrative leave for good cause.
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H. Disciplinary Process.
1. If the Appointing Authority concludes that discipline is appropriate, the supervising manager or designee shall immediately provide a written notice of intent to discipline to the subject employee. At a minimum, the notice of intent to discipline shall include (i) a statement of the proposed discipline, (ii) the facts and circumstances giving rise to the discipline, (iii) the specific cause(s) for the discipline, and (iv) all non-confidential materials, if any, upon which the proposed discipline is based.
2. In addition to those matters contained in the notice of intent to discipline in subsection one (1) above, the notice shall also include a notice of the employee’s right to respond verbally or in writing within five (5) calendar days after the date of the notice of intent response.
3. The notice of intent to discipline will be personally served on the employee by the appointing authority or designee. If personal service upon the employee is impractical, a copy of the notice of intent to discipline will be emailed to the employee’s personal or work addresses and sent by first class mail with proof of service to the employee at their last known address, and the time for filing a pre-disciplinary response pursuant to subsection 2 above shall be increased to seven (7) calendar days.
4. If the affected employee does not respond within the time permitted, the employee will have waived the right to do so and the appointing authority may implement the proposed discipline and shall issue a final written notice to the employee of the imposition of the discipline.
5. The City Manager will fully consider the employee’s response if in writing, or if verbal, following a meeting scheduled by the City Manager to hear the employee’s verbal response.
The City Manager will render a written notice of discipline, that decision is final and binding.
I. The disciplinary procedures described in this section shall be adhered to in all instances where discipline is contemplated and/or administered for all employees except appointed Department Heads, who are at-will employees and who serve at the pleasure of the City Manager or, in the case of the City Manager, at the pleasure of the City Council, may be disciplined without cause and with no right to appeal.
Nothing in this section is intended to deprive any employee of any rights under the law.
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J. For those employees who are covered by the Firefighters’ Procedural Bill of Rights, nothing in this section will be interpreted, administered or applied inconsistent with the requirements of the Act.
7.7 GRIEVANCES
A. Grievance Defined. A grievance is any dispute which arises over the interpretation, application, or alleged violation of these Personnel Policies.
B. Neither discipline, as defined in section 7.6(D), nor corrective instruments such as written warnings, counseling memos, and performance improvement plans (PIP) shall be subject to these grievance procedures.
C. A grievant is defined as a current city employee or group of current city employees who are covered by the provisions of this chapter or, in the case of matters alleging a violation of an MOU, a grievant may be the employee organization recognized to represent those employees covered by that MOU.
Grievances filed by an employee organization will be initially filed at either Step 2 or Step 3 of the grievance procedures.
If a grievant terminates employment, their grievance will be considered to have been withdrawn effective the date of their termination. If the grievant who terminates is part of a group grievance, their name will be removed from the list of grievant. Such removal will have no impact on the remaining grievant.
D. The purpose of these procedures is to resolve grievances expeditiously and at the lowest possible administrative level. No grievance filed pursuant to this section may be resolved inconsistent with the terms of any statute, ordinance, resolution, MOU or departmental rules and regulations being grieved.
E. The time limits specified at each step of the procedures set forth below shall be strictly observed and may only be extended in writing to a date certain with the mutual consent of the parties.
1. Failure of a grievant to observe a time limit shall terminate the grievance with prejudice.
2. Failure of the party to whom the grievance is submitted to observe a time limit shall give the grievant the right to advance the grievance to the next step or level of review.
F. These grievance procedures shall be the exclusive administrative procedures provided for the resolution of grievances for all employees, except that an employee need not file a grievance or exhaust this process if alleging a violation of a statute.
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G. Grievance Procedure. Consistent with the City’s goal to resolve grievances in an orderly manner as quickly as possible, the following procedures shall apply:
1. Step 1 – Informal Submission. Except as specified otherwise in these procedures, an employee who believes they have a grievance will, within seven (7) days of the grievable event or within seven (7) days of the discovery of a grievable event, whichever is later, present the grievance orally to their immediate supervisor in an attempt to resolve the grievance.
The employee’s supervisor will respond personally to the grievance, either orally or in writing, within seven (7) days. If the grievant is absent from work during this period, the supervisor will respond immediately upon the grievant’s return to work. Grievances resolved at Step 1 shall not be precedent setting.
a. If the grievant’s immediate supervisor is either the subject of the grievance or the City Manager, the grievance may be filed initially at Step 2.
b. If the grievant’s immediate supervisor is the City Manager, the grievance may be filed initially at Step 2 with the City Attorney substituting for the City Manager for purposes of the grievance procedure.
2. Step 2 – Formal Submission. If not resolved at Step 1, the grievance may be advanced to Step 2 within seven (7) days following receipt of the immediate supervisor’s response by submitting a written grievance to the supervising manager. The written grievance shall include, at a minimum, a description of the acts or omissions giving rise to the grievance; the grievable provision or the provision of departmental rules and regulations alleged to have been violated; a brief summary of the immediate supervisor’s response if provided orally or a copy of the supervisor’s response if provided in writing; and the remedy sought. If the grievant wishes to meet pursuant to subsection 2.b of this section, they should notify the supervising manager at the time the grievance is filed at Step 2. a. If a grievance filed at Step 2 is found to lack the information required by subsection 2 of this section, the supervising manager may return the grievance to the grievant specifying the deficiency or deficiencies.
The grievant will have three (3) days following receipt of this notice to correct the deficiency and resubmit the grievance at Step 2.
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b. The supervising manager will evaluate the grievance and, within fourteen (14) days, respond to the grievant in writing by personal delivery, setting forth the supervising manager’s findings and recommendations. If the employee is not available at work, the supervising manager will provide their response to the grievant’s personal and work email addresses, and by first-class mail to the grievant’s last known address. During the 14-day evaluation period, the supervising manager and the grievant may meet to discuss the grievance. If the grievant requests such a meeting, it will be held.
c. If the grievant accepts the findings and recommendations of the supervising manager, following review by the City Manager and City Attorney for the sole purpose of ensuring compliance with subsection b of this section, the City will be bound to honor those findings and recommendations subject to ratification by the City Council of any unfunded expenditures.
d. If the grievance is resolved at Step 2, a copy of all grievance materials will be forwarded to the City Manager for filing.
3. Step 3 – City Manager. If not resolved at Step 2, the grievance may be advanced to Step 3 within seven (7) days following receipt of the supervising manager’s response by filing a written statement of appeal with the City Manager. This written statement of appeal shall, at a minimum, include: a copy of the grievance materials filed pursuant to subsection 2 of this section, a copy of the supervising manager’s response, and the reasons the grievance remains unresolved. The statement of grievance may include supplemental information and may propose a modified remedy. If the grievant wishes to meet with the City Manager, they should notify the City Manager at the time the grievance is advanced to Step 3.
a. The City Manager will evaluate the grievance and, within fourteen (14) days, respond to the grievant in writing by personal delivery or email. If the grievant is not available at work, the City Manager will provide their response to the grievant’s personal and work emails and by first-class mail to the grievant’s last known address. During the fourteen (14)-day evaluation period, the City Manager and the grievant may meet to discuss the grievance. If the grievant requests such a meeting, it will be held. b. If the grievant accepts the findings and recommendations of the City Manager, following review by City Attorney, the city will be bound to honor those findings and recommendations subject to ratification by the City Council of any unfunded expenditures.
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c. The City Manager’s determination of the grievance is final and binding; a copy of all grievance materials will be maintained and filed by the City Manager.
H. Employees may use the grievance procedure without fear of reprisal.
I. The grievant may be represented or assisted at any level of the procedure by a representative of their own choosing.
J. A city employee who is a grievant, a witness in a grievance proceeding or the designated representative of a grievant shall suffer no loss of compensation or benefits while participating in this procedure, to include no more than thirty minutes preparation time per stage of the grievance.
K. Grievance proceedings will be held during normal working hours.
L. The City Manager will maintain a permanent grievance file, which shall include the complete records of all grievances filed at Step 2 or above.
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CHAPTER 8: PERFORMANCE EVALUATIONS
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45 8.1 EMPLOYEE PERFORMANCE EVALUATIONS
A. Performance evaluations are key elements in maintaining effective two-way communication between employees and their supervisors. The objectives of the evaluation are to:
1. Review the employee’s performance over the review period, discussing both areas of competence or excellence, as well as those needing improvement.
2. Set job performance expectations and standards and review the progress on expectations and standards set during the prior performance review.
3. Provide an opportunity for employees to discuss job concerns and interests with supervision.
4. Maintain and improve job satisfaction by letting employees know that their supervisor is interested in their personal development.
5. Serve as a systematic guide for supervisors in planning further training and development.
6. Assist in planning personnel reassignment and placements which maximize the employee’s capabilities.
7. Assist in determining and recording special talents, skills and capabilities that might otherwise not be recognized.
8. Set short and long-term goals.
9. To the extent an employee’s position description no longer accurately reflects the actual duties and responsibilities of the position, use the opportunity of the performance evaluation to update the job description, if necessary.
10.Determine merit increase if any. However, a performance evaluation does not necessarily mean that the employee will receive a salary adjustment.
B. Performance evaluations will be conducted at the following intervals:
1. New employees and employees receiving promotions or job transfers to other positions after 6 months in the new position or 18 months for a Fire Department position;
2. Every employee will be evaluated on or near to the anniversary of the employee’s holding their position;
3. In addition to the above, performance evaluations may be initiated by the employee’s supervisor at any time.
CITY OF WILLOWS
CHAPTER 8: PERFORMANCE EVALUATIONS
CITY OF WILLOWS
PERSONNEL RULES
46 C. Every performance evaluation will be conducted using a form for such purpose adopted by the City.
D. Performance evaluations include, at a minimum, a review and discussion of the written evaluation held privately between the employee and their supervisor. In cases where the employee’s supervisor is not completely familiar with the employee’s job for any reason, a supervisor familiar with their work will be consulted.
CITY OF WILLOWS
CHAPTER 9: COMPENSATION, BENEFITS & LEAVES OF ABSENCE
CITY OF WILLOWS
PERSONNEL RULES
47 9.1 COMPENSATION
A. Compensation Plan. The City Manager or the person or agency employed for that purpose shall prepare a pay plan covering all classes of positions in the competitive service. In arriving at salary rates or ranges, consideration will be given to prevailing rates of pay and conditions for comparable work in other public and
in private employment, to current costs of living, to financial burden or proposed benefits, including, but not limited to, health and retirement, to suggestions of Department Heads, to the City’s financial condition and policies and to other relevant factors. The City Manager or the person or agency employed for that purpose shall thereafter make such further studies of the pay plan as becomes necessary.
B. Adoption of the Plan. The pay plan shall be adopted, and may be amended from time to time, by resolution of the City Council. Amendments and revisions of the plan may be suggested to the City Council by any interested party and will be submitted to the City Council through the City Manager. Thereafter, no position will be assigned a salary not in conformance with the salary schedule unless the salary schedule for the class is amended in the same manner as provided here for in its adoption.
C. Administration of Compensation Plan. The City Council administers the compensation plan for the City Attorney and City Manager. The City Manager administers the compensation plan for all other employees.
D. Anniversary Formula. An employee starting work will be considered as having been employed on the first day of the nearest bi-weekly pay period. This formula is to be used for the purpose of determining effective dates for sick leave, vacation leave, and wage adjustments.
Anniversary dates for all salary and wage adjustments will be the date of the employee’s last range adjustment.
E. Application of Rates. Employees occupying a position in the competitive service will be paid a salary or wage established for that position’s class under the pay plan as approved and adopted according to section B above. The minimum rate, if provided, for the class generally applies to employees upon original appointment to the position. However, the City Manager may, when warranted, authorize original appointment or reinstatement at other than the minimum rate.
CITY OF WILLOWS
CHAPTER 9: COMPENSATION, BENEFITS & LEAVES OF ABSENCE
CITY OF WILLOWS
PERSONNEL RULES
48 F. Advancement. In order to compensate an employee properly, advancements in salary will be based upon recognized improvement, efficiency and effective service.
Advancements is not automatic but depends upon increased service value of the employee to the City as determined by achievement of individual goals established from time-to-time by each individual employee and their Department Head, as documented in a written performance evaluation. All employees are expected to work closely with their Department Heads in establishing individual work programs and goals and, together Department Heads and subordinates, should attempt to achieve and realize mutually established goals and objectives for individual improvement.
Realization of these goals will be the prime consideration for wage and salary adjustments and made only upon recommendation of the Department Head and with approval of the City Manager. The following are additional areas that exemplify increase service values:
1. Length of service.
2. Performance record.
3. Additional training, other efforts at self-improvement.
4. Attitude towards job.
5. Personal conduct.
6. Conscientious attendance.
7. Safety alertness.
8. Continual improvement as recognized through work objective attainment.
9. Efficient and effective service.
10.Other factors of individual achievement as appropriate to the particular position.
G. Steps. The city offers a Nine Step Plan with each step resulting in a 2.5% base salary increase. Based on merit, individual employees may move up each step on an annual basis.
H. Merit Increases. The City Manager may increase the salaries of employees on the basis of merit within the range of the compensation plan; however, the City Manager may not advance an employee in this classification without first utilizing a written Evaluation prepared by the employee’s supervisor and approved by the employee’s Department Head. A favorable performance evaluation is a prerequisite for consideration of the merit increase.
CITY OF WILLOWS
CHAPTER 9: COMPENSATION, BENEFITS & LEAVES OF ABSENCE
CITY OF WILLOWS
PERSONNEL RULES
49 I. Salary Following Promotion. When an employee in the City service is promoted to a position allocated to a class with a higher salary, a new anniversary date is established for the purpose of eligibility for consideration for future wage adjustments, pursuant to Section F above.
J. Salary Following Demotion. In the case of demotion of any employee in the City service to a class with a lower maximum salary such as recommended by the Department Head and approved by the City Manager, the employee retains their previous anniversary date for the purpose of eligibility for consideration for future wage adjustments, pursuant to Section F above.
K. Revision of Salary Ranges. When a salary range for a given class is revised upward or downward, the incumbent(s) of position(s) and class(es) affected will have their existing salary adjusted to the new salary range and their anniversary date(s) will not be changed.
L. Deductions. Deductions from pay checks are made according to prevailing laws, contracts, rules and regulations:
1. Deductions required by law and contracts: For example, federal withholding tax, social security tax, court-ordered garnishments, City-adopted retirement premium, etc.
2. Deductions made on the written authorization from each employee:
For example, group medical and hospitalization premium, credit union, charitable contributions, recognized employee organizations, and such other deductions as authorized by the employee and approved by the City Manager.
M. Reporting Compensation Issues. It is the City’s policy to comply with the requirements of the FLSA and California laws regarding compensation and deductions.
1. If an employee believes that an improper deduction has been made to their paycheck or believes that their pay has been calculated improperly, the employee should immediately report this information to their direct supervisor, Payroll, or the Finance Director.
CITY OF WIL LOWS
CHAPTER 9: COMPENSATION, BENEFITS & LEAVES OF ABSENCE
CITY OF WILLOWS
PERSONNEL RULES
50 2. Reports of improper deductions or improper payment will be promptly investigated. If the City determines that an improper deduction has occurred, the employee will be reimbursed for any improper deduction made or any correction in pay needed to remain consistent with the wage and hour provisions, or any governing provision of a union contract or other legal obligation. Similarly, improper payments to employees will also be subject to reimbursement by the employee. In the event of an overpayment or overpayments in the total amount of $500.00 or more, the employee, with the approval of the City Manager, may be allowed to enter into an agreement with the City to reimburse the City in a series of deductions or payments over a specified period of time until the City is fully repaid.
N. Pay Periods. The pay period for all employees is bi-weekly, with each pay period closing on alternate Sundays. Pay day is the Friday following the end of the pay period.
O. Compensation Upon Termination of Employment. When an employee's employment with the City of Willows is terminated, the employee will be paid within 72 hours of the date of termination and upon clearance from the department that the employee has returned all City owned tools and equipment and receive the following compensation:
1. Regular wages for all hours worked up to the time of termination which have not already been paid;
2. All overtime or holiday pay due;
3. Accrued but unused sick leave is not compensated upon termination; however, in the event an employee retires directly from City service such accrued sick leave is credited as service time.
4. Accrued and unused vacation leave and compensatory time;
5. Less any authorized deductions for any unpaid personal expenses, for any expenses due to the failure to return City property as required prior to the date of termination of employment.
CITY OF WILLOWS
CHAPTER 9: COMPENSATION, BENEFITS & LEAVES OF ABSENCE
CITY OF WILLOWS
PERSONNEL RULES
51 9.2 BENEFITS
The City of Willows strives to provide the best, most equitable and cost-effective benefits for its employees. Employees should likewise recognize that the total cost of the benefits in this section supplement each employee’s pay and should be viewed as additional compensation. Policies and procedures that govern the City’s benefit program apply to all full-time and part-time employees, whether exempt or nonexempt, unless otherwise stated in a particular benefit plan or MOU.
Employees of the City of Willows are eligible to participate in both mandated benefits, such as workers’ compensation, Social Security and State Disability Insurance (SDI), and sick leave as well as discretionary benefits, such as vacation, and retirement.
The City of Willows reserves the right to modify any discretionary benefits when it is determined in the City’s best interest to do so.
A. REQUIRED BENEFITS
1. Social Security and Medicare. Employees and City of Willows are required to contribute toward Federal Social Security benefits and Medicare from the first day of employment. The amount deducted from employee wages is considered a Social Security tax, used together with City of Willows’ contribution, to fund future retirement and basic health care benefits. Both the employees and City of Willows’ contribution rates are established by law and represent a percentage of earnings. The employee’s portion is deducted automatically from their pay.
Social Security and Medicare partially provide four basic benefits; retirement and disability income, retirement healthcare, and death benefits. Eligibility and entitlement vary depending on individual circumstances. Booklets explaining the details are available at the local Social Security office.
CITY OF WILLOWS
CHAPTER 9: COMPENSATION, BENEFITS & LEAVES OF ABSENCE
CITY OF WILLOWS
PERSONNEL RULES
52 2. Workers’ Compensation. The City of Willows pays the entire amount of the workers’ compensation insurance premium that provides benefits to employees who experience injury or illness in connection with employment at City of Willows. Coverage includes all Volunteer Fire Fighters. Eligibility automatically begins on the first day of employment. Eligibility for workers’ compensation benefits are governed by state law. Benefits available to employees injured on the job may consist of some or all of the following; replacement income for temporary, permanent partial, or permanent total disability; and medical expenses including doctor visits, treatment, surgery, drugs, and hospitalization. Compensation entitlement begins on the first full day of hospitalization, or after the third day of absence due to the injury if an employee is not hospitalized. Worker’s compensation benefits and entitlement are subject to change without notice.
The timeliness of payments to injured employees is dependent on City of Willows’ ability to expedite injury reports through their insurance claims representative. When an employee is injured, the employee and supervisor must complete an injury report form at the earliest possible time and submit it to the Finance Director. Further details regarding available workers’ Compensation leave are provided in the Leaves of Absence section below.
3. Unemployment Insurance. Employees may be eligible for unemployment benefits upon termination of service with City of Willows, depending on state law and circumstances connected with termination. After leaving City of Willows employment, the terminating employee can file an unemployment claim with the California Employment Development Department.
4. State Disability Insurance / Paid Family Leave. The California State Disability Insurance (SDI) program provides short-term wage replacement benefits to eligible workers who need time off work. Employees may be eligible for SDI benefits if unable to work due to non-work-related illness or injury, pregnancy, or childbirth, or to care for a seriously ill family member or to bond with a new child. Employees make small contributions through payroll deductions for this benefit. Employees unable to work for these reasons should contact the California Employment Development Department.
B. DISCRETIONARY BENEFITS
NOTE: Following is only a general outline of benefits provided. For more specific information, please refer to the summary plan descriptions which were provided to you upon your employment, or which may be obtained from the Finance Director or MOU.
These benefits apply only to eligible employees, as the plan for each type of benefit defines the term.
CITY OF WILLOWS
CHAPTER 9: COMPENSATION, BENEFITS & LEAVES OF ABSENCE
CITY OF WILLOWS
PERSONNEL RULES
53 1. Insurances, Generally. All insurance benefits will be made available to regular full-time employees only. Part-time, seasonal and/or temporary employees are not eligible for coverage. Eligibility for benefits will become effective on the first day of the month following employment. The cost of insurance coverage is either paid by City of Willows, shared between the City and the employee, or paid entirely by the employee, depending on the type and extent of coverage elected. The employee’s share of insurance premium(s) is deducted from the employee’s payroll.
a. Medical Insurance: The City of Willows provides a comprehensive group medical insurance plan to qualifying employees. Please refer to the Plan documents for further details.
b. Dental Insurance: The City of Willows makes a dental insurance plan available to qualifying employees. Please refer to the Plan documents for further details.
c. Long Term Disability Insurance: The City of Willows does not provide long-term disability insurance. Employees may purchase their own through AFLAC.
d. Life Insurance: The City of Willows provides a life insurance policy to qualifying employees. Please refer to the Plan documents for further details. The Plan also includes coverage for accidental dismemberment.
e. Vision Insurance: The City of Willows provides a vision insurance policy to qualifying employees. Please refer to the Plan documents for further details.
f. Benefits Continuation (COBRA): The Federal Consolidated Omnibus Budget Reconciliation Act (COBRA) gives employees and their qualified beneficiaries the opportunity to continue health and dental insurance coverage under City of Willows’ health plan when a “qualifying event” would normally result in the loss of eligibility.
Some common qualifying events are resignation, termination of employment, or death of an employee, a reduction in an employee’s hours, leave of absence, an employee’s divorce or legal separation, or a dependent child no longer meeting eligibility requirements.
CITY OF WILLOWS
CHAPTER 9: COMPENSATION, BENEFITS & LEAVES OF ABSENCE
CITY OF WILLOWS
PERSONNEL RULES
54 Under COBRA, the employee or beneficiary pays the full cost of coverage at City of Willows’ rates plus an administrative fee of two percent. The City of Willows provides each eligible employee with a written notice describing their rights granted under COBRA when the employee becomes eligible for coverage under City of Willows’ health insurance plan. The notice contains important information about the employee’s rights and obligations.
g. Retirement Plan: The City of Willows provides retirement benefits through plan(s) offered by the California Public Employment Retirement System (CalPERS). Plans are administered by CalPERS, pursuant to rules established by the CalPERS governing board. The cost of retirement plans is shared by the City of Willows and the employee. The City reserves the right to change retirement plans, benefits or contributions, in conformance with California and Federal law.
9.3 LEAVES OF ABSENCE
A. HOLIDAYS
The following holidays are observed by the City of Willows, and all employees will be given the day off with pay. The number of paid hours will be based on the number of daily hours each employee is normally scheduled to work. In addition to the following holidays below; the City of Willows also offers its employees three (3) floating holidays.
New Year’s Day Veterans’ Day
Martin Luther King, Jr. Day Thanksgiving Day
Presidents’ Day Friday following
Thanksgiving
Memorial Day Christmas Eve
Independence Day Christmas
Labor Day
1. If a holiday falls on a Saturday, the day off given will be the Friday before, if it falls on a Sunday the day off given will be the Monday after the holiday.
2. If a holiday occurs during a scheduled vacation, the day will count as a holiday and not as vacation.
3. Any absence due to illness on a regular workday either side of a holiday must be substantiated by a certificate from a physician.
4. Any unauthorized absence on either side of a holiday may be grounds for disciplinary action.
CITY OF WILLOWS
CHAPTER 9: COMPENSATION, BENEFITS & LEAVES OF ABSENCE
CITY OF WILLOWS
PERSONNEL RULES
55 B VACATION
Vacation is designed to provide employees with reasonable periods of rest and relaxation. Scheduling of paid vacation time off is based on the needs of the City before anything else. Because of the impact of vacations on the Willows’ workload, for any vacation of three days or more, employees must request vacation at least one month in advance of any vacation. Every attempt will be made to grant the employee’s first choice. However, to maintain normal operating efficiency, it may be necessary to rearrange vacation schedules, and this will be done based on seniority, as well as the City’s needs.
Also, to prevent holidays from being monopolized by employees with the most seniority, requests for vacation taken around holidays will be rotated among all employees.
Full-time regular employees earn vacation from their first day of employment.
Regular part-time employees accrue vacation on a prorated basis.
Seasonal and temporary employees are not eligible to accrue vacation.
However, no vacation is accrued during the probationary period and no vacation will be paid if the employee is discharged before the end of their probationary period. Upon successful completion of the probationary period, the employee will be credited with vacation that would have been accrued from the first day of employment. Vacation hours are accrued based on total hours the employee is eligible to be paid, including work time and authorized paid time off, such as holidays, vacation and sick leave.
Years of Continuous Service Hours Accrued Per Full Month 0 through 5 years 6.67
6* through 10 years 10.00
11* years and above 13.33
1. Regular full-time employees accrue vacation as follows. a. Vacation accrual, usage and carry over for represented employees is as set forth in applicable MOUs.
b. Employees on an alternate 4-day, 40-hour workweek accrue vacation at the rates set forth above. Daily vacation usage is in accordance with the number of hours in the scheduled workday.
* Indicates from the commencement of the 6th and 11th years of service.
CITY OF WILLOWS
CHAPTER 9: COMPENSATION, BENEFITS & LEAVES OF ABSENCE
CITY OF WILLOWS
PERSONNEL RULES
56 2. To utilize accrued vacation, employees should request advance approval from their supervisors. Requests will be reviewed based on a number of factors, including business needs and staffing requirements. The employees of City of Willows can be denied a vacation as requested because the needs of the Willows to conduct business and provide services are a priority.
3. Holidays falling within the employee’s authorized vacation/leave period are not charged as vacation time.
4. VACATION MUST BE TAKEN IN MINIMUM INCREMENTS OF TWO
(2) HOURS.
5. Employees are encouraged to use available paid vacation for rest, relaxation, and personal pursuits. Employees MUST take one consecutive five (5) day block of vacation time, excluding weekends (a minimum of 7 consecutive days off) each year. If a holiday falls during an employee’s scheduled vacation, the vacation may be extended, or the employee may schedule the fifth (5th) day for a later time, so long as the employee has been away from their position for at least seven (7) full days.
6. Advances on vacation will not be granted. At no time may an employee take leave in excess of their accumulated balance.
7. Employees may accrue up to a maximum of three hundred sixty (360) hours of vacation leave. Once an employee reaches the 360-hour maximum, the employee will cease accruing additional vacation leave until the accrued balance falls below 360 hours. Any cashout of accrued vacation leave shall be processed in accordance with the applicable Bargaining Unit Memorandum of Understanding.
8. Vacation leave will not accrue during leaves of absence without pay unless required by law.
9. No sick leave occurring immediately before or after an employee’s scheduled vacation will be paid without a doctor’s certification of the illness and the employee’s inability to work as a result.
10. All accrued, but unused vacation time, will be paid upon termination of employment at the employee’s current hourly or salaried rate of pay at the termination of employment.
CITY OF WILLOWS
CHAPTER 9: COMPENSATION, BENEFITS & LEAVES OF ABSENCE
CITY OF WILLOWS
PERSONNEL RULES
57 C. SICK LEAVE
1. Sick leave is paid leave from work that an employee may use for the following purposes:
Diagnosis, care, or treatment of an existing health condition of, or preventative care for an employee or any of the following family members of the employee: a child of any age or dependency status; a parent; a parent-in-law; a spouse; a registered domestic partner; a grandparent; a grandchild; or a sibling; Diagnosis, care, or treatment of an existing health condition of, or preventative care for a “designated person; or.
For an employee who is a victim of domestic violence, sexual assault, stalking, or other crime for the employee to engage in any of the following activities: to obtain or attempt to obtain any relief, including but not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the victim or their child.
In addition, an employee who is a victim (of a violent or serious felony crime, or theft or embezzlement), an immediate family member of a victim, a registered domestic partner of a victim, or the child of a registered domestic partner of a victim can use paid sick leave to attend judicial proceedings related to that crime.
2. The City may, as allowable by current law and with advance written notification, require an employee to submit a doctor's certificate or other evidence acceptable to the City after five days of protected leave such as kin care or sick leave.
3. Sick leave benefits are intended solely to provide income protection in the event or illness or injury and may not be used for any other absence except as required by law. Unused sick leave benefits will not be paid out to employees while they are employed or upon termination of employment. Sick leave may not be used in advance of being earned.
4. Accrual and Carryover of Different Categories of Employees:
a. Full time employees who are not seasonal, temporary, or extra help accrue eight (8) hours of sick leave for each calendar month of paid status.
Accrued sick leave carries over from year to year. No accrual limit applies.
CITY OF WILLOWS
CHAPTER 9: COMPENSATION, BENEFITS & LEAVES OF ABSENCE
CITY OF WILLOWS
PERSONNEL RULES
58 b. A part time, seasonal, or temporary employee who works 30 or more days within a year from beginning employment with the City accrues one hour of paid sick leave for every 30 hours worked. Accrued and unused sick leave carries over to the following year of employment but a part-time, seasonal, or temporary employee stops earning sick leave once they have accrued 80 hours or 10 work day/shifts or such leave, whichever is greater.
5. Sick Leave Use: An employee may use accrued sick leave, in a minimum increment of one hour, beginning on the 90th day after the first day of employment with the City subject to the limits and request provisions in this policy. An employee’s use of paid sick leave provided pursuant to the Labor Code is protected leave.
6. Sick Leave Request: To request to use sick leave if the need for leave is foreseeable, an employee must give the immediate supervisor reasonable advance written or oral notice. If the need for sick leave is not foreseeable, the employee must provide written or oral notice of the need for the leave as soon as practicable.
If the employee is required to be absent on sick leave for more than one day, the employee must keep the immediate supervisor informed each day as to the date the employee expects to return to work and the purpose of the leave. Failure to request sick leave as required by this policy without good reason, may result in the employee being treated as absent without leave.
7. Certification: The City may require that employees who are not part-time, seasonal, or temporary employees provide a physician’s certification to support any absence that involves the illness of the employee or family member if the City suspects that there is an abuse of sick leave by the employee. All employees, including part-time, seasonal, or temporary who use paid leave to address issues related to domestic violence, sexual assault, stalking, or other crimes and who cannot provide advance notice of their need for leave must provide certification of the need for leave within a reasonable time.
Sick Leave on Separation of Employment: Unused sick leave is not cashed out upon termination, resignation, retirement, or other separation from employment. Unused sick leave may be converted to retirement service credits only as may be permitted under applicable retirement system laws and regulations.
CITY OF WILLOWS
CHAPTER 9: COMPENSATION, BENEFITS & LEAVES OF ABSENCE
CITY OF WILLOWS
PERSONNEL RULES
59 D. FAMILY AND MEDICAL CARE LEAVES
In accordance with the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), employees are provided up to 12 work weeks of unpaid family/medical leave within a 12-month period, or 26 workweeks to care for a covered military service member proportional to the employee’s average hours work.
The Family and Medical Leave Act (FMLA)/California Family Rights Act (CFRA) Leave policy may be found at Appendix A.
E. LEAVE DUE TO PREGNANCY, CHILDBIRTH, RELATED MEDICAL CONDITION OR
REPRODUCTIVE LOSS
Employees who are disabled because of pregnancy, childbirth or related medical conditions are provided an unpaid leave of absence for the period of disability up to a maximum of 17 1/3 weeks per pregnancy. Employees are entitled to pregnancy disability leave on a pro-rated basis proportional to an employee’s average hours work. Time off needed for prenatal care, severe morning sickness, doctor ordered bed rest, childbirth and recovery from childbirth will all be counted as pregnancy disability leave. The Pregnancy Disability Leave (PDL) policy can be found at Appendix B.
F. VICTIMS OF VIOLENCE
1. An employee who has experienced a Qualifying Act of Violence is entitled to time off from work to obtain relief from a court, including obtaining a restraining order to protect the employee and their children’s health, safety or welfare. A Qualifying Act of Violence means any of the following regardless of whether anyone is arrested for, prosecuted for, or convicted of committing any crime to include:
a. Domestic violence;
b. Sexual assault;
c. Stalking; or
d. An act, conduct, or pattern of conduct that includes any of the following:
• An individual causing bodily injury or death to another individual; • An individual exhibiting, drawing, brandishing, or using a firearm, or other dangerous weapon, with respect to another individual; or • An individual using or making a reasonably perceived or actual threat to use, force against another individual to cause physical injury or death.
CITY OF WILLOWS
CHAPTER 9: COMPENSATION, BENEFITS & LEAVES OF ABSENCE
CITY OF WILLOWS
PERSONNEL RULES
60 2. An employee who is the victim of a Qualifying Act of Violence should provide reasonable notice before taking time off. If reasonable notice is not possible, the employee should provide documentation within a reasonable time after the absence. Proof of absence may include a police report, a court order, a document from a licensed medical professional, a victim advocate, a licensed health care provider, or counselor that demonstrate that the employee was under treatment for domestic violence related trauma, or a written statement signed by the employee or an individual action on the employee’s behalf that certifies the absence was for an authorized purpose.
3. An employee may take time off:
a. To seek medical attention for injuries caused by a crime or abuse to the employee or to a family member.
b. To obtain services from a shelter, program or crisis center as a result of a crime or abuse.
c. To obtain psychological counseling related to an experience of a crime or abuse.
d. To participate in safety planning and take other actions to increase safety from future crime and or abuse, including temporary or permanent relocation.
e. To seek, get or provide care to a dependent child or adult if the care is necessary to keep the child or adult safe after an act of violence. f. To obtain legal counsel or participate in legal proceedings regarding the crime or abuse.
4. To the extent permitted by law, the City shall maintain the confidentiality of any employee requesting this leave.
5. The employee may elect to use any available paid or unpaid leave time.
For more information regarding this leave please contact the City Manager.
CITY OF WILLOWS
CHAPTER 9: COMPENSATION, BENEFITS & LEAVES OF ABSENCE
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PERSONNEL RULES
61 G. BEREAVEMENT LEAVE
1. All employees who have been employed by the City for at least 30 days are entitled to five (5) days of bereavement leave following the death of a family member. For purposes of this leave, immediate family means a spouse, domestic partner, father, father-in-law, mother, mother-in-law, step-parent, brother, sister, grandparent, grandchild or legal ward.
2. An employee may use vacation, personal leave, accrued and available sick leave, or compensatory time off to provide for their compensation during any bereavement leave in excess of five days.
3. The employee must substantiate the need for such leave, such as providing a copy of the death certificate, newspaper obituary, proof of travel, etc.
4. An employee may request one (1) day of unpaid leave to attend the funeral of a friend who is not one of the family members set forth above. If the City’s requirements permit the absence, the employee’s supervisor will grant the leave.
5. An employee who uses bereavement leave must notify their supervisor of their intent to use the leave. Employees may use bereavement leave on a non-consecutive basis in the three (3) months that follow the date of the family member’s death.
H. JURY DUTY AND WITNESS DUTY
1. An employee will be granted leave for jury duty as required by law. In the event a regular full-time or part-time employee is required to serve on a jury, the City will pay the difference between regular salary and jury duty pay. The employee must submit copies of the jury summons to their supervisor as soon as possible prior to the jury date and submit jury duty pay slips to their supervisor after jury duty is completed.
2. Any employee who has a day or half-day off from jury duty is expected to return to the City to work for that time.
3. An employee who is required by law to appear in a non-work-related court case as a witness may take vacation or unpaid time off for the appearance. The employee must provide their immediate supervisor with reasonable advance notice.
CITY OF WILLOWS
CHAPTER 9: COMPENSATION, BENEFITS & LEAVES OF ABSENCE
CITY OF WILLOWS
PERSONNEL RULES
62 I. VOTING TIME
Employees who are registered to vote may take up to two (2) hours of paid time off to vote. The employee must give at least two (2) days’ notice prior to the election that they need time off for voting at either the beginning or the end of their day. The employee’s supervisor may ask for a voting receipt. Employees may serve as election officials on election day. Such time off will be without pay.
J. UNPAID LEAVES OF ABSENCE
Unless authorized by law or a City policy, or at the discretion of the City Manager, an employee is not entitled to a leave of absence without pay. An authorized leave of absence without pay is not a break in service for purposes of calculating seniority.
Unless required by law, vacation leave credits, sick leave credits, increases in salary, all other paid leaves, holidays and fringe benefits and other similar benefits do not accrue to an employee on unpaid leave. Unless required by law, the City will not maintain contributions toward group insurance or retirement coverage for the employee on such leave.
During the period of authorized unpaid leave, all service and leave credits shall be retained at the levels existing as of the effective date of the leave.
CITY OF WILLOWS
CHAPTER 10: EMPLOYEE RESPONSIBILITIES
CITY OF WILLOWS
PERSONNEL RULES
63 10.1 CONFIDENTIALITY
A. EMPLOYEE CONFIDENTIALITY
1. The City of Willows collects only such personal employee information as is necessary to meet all regulatory requirements and to ensure the City’s benefits are made available to each employee. All employee information collected or maintained by the City is maintained on a confidential need-to-know basis. The City strictly complies with applicable state and federal law, including but not limited to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).
2. However, all employees are reminded that, as public employees, certain information such as rates of pay, salary increases or adjustments, benefits provided, and so forth is public information.
B. SECURITY AND CONFIDENTIALITY
1. Each employee must understand it is the City of Willows’ policy to maintain strict control over access to records, computer information, and items of monetary value. It is contrary to the policy of the City for an employee to discuss, reveal, or to refer to possession of such information, either during or after the end of the employment relationship, other than as necessary to accomplish the duties assigned to the employee.
2. This includes all information about City employees’ families, creditors and other employees. No employee will reveal such information to anyone, including friends, relatives, or the subject of the information, either voluntarily or by request other than those employees specifically authorized to make such disclosures and then only as prescribed by law.
3. Employees who are assigned keys, given special access to, or assigned job responsibilities in connection with safety, security, and confidentiality will be required to use sound judgment and discretion in carrying out their duties. Each employee will be responsible for any wrongdoing or acts of indiscretion.
CITY OF WIL LOWS
CHAPTER 10: EMPLOYEE RESPONSIBILITIES
CITY OF WILLOWS
PERSONNEL RULES
64 10.2 OUTSIDE EMPLOYMENT AND CONFLICTS OF INTEREST
Employees shall not, directly or indirectly, engage in any outside employment or possess a financial interest which may conflict, in the City Manager's opinion, with the best interests of the City of Willows or interfere with the employee's ability to perform their assigned City job. Examples include, but are not limited to, outside employment which:
1. Prevents the employee from being available for work beyond normal working hours, such as during emergencies or peak work periods, when such availability is a regular part of the employee's job;
2. Is conducted during the employee's work hours;
3. Utilizes City telephones, cellular telephones, computers, supplies or any other City resources, facilities or equipment;
4. Is employed with a firm which has contracts with or does business with the City; or
5. May reasonably be perceived by members of the public as creating a conflict of interest or one which otherwise discredits public service.
10.3 POLITICAL ACTIVITIES
City employees or officers may participate in political or partisan activities of their own choosing if City resources, including the employee’s city work time, and property are not utilized, and the activity does not adversely affect the responsibilities of the employees in their positions. City employees may not engage in political activity during working hours and on work premises. Gov Code 3207.
A. CITY EMPLOYEES MAY NOT:
1. City employees may not use City facilities, supplies, equipment or vehicles for any campaign purpose. This includes (but is not limited to), copiers, fax machines, mail facilities, typewriters, telephones, automobiles, computers, e-mail, websites, and paper products or the reimbursement for usage of these facilities.
2. City employees or officers may not solicit or receive political funds or contributions to promotes the passage or defeat of any ballot measure that would affect working conditions during the working hours of its officers and employees, or in City offices. Gov Code 3209.
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65 3. No City employee or official can participate in political activities of any kind while in a City uniform or other City-issued clothing. Gov Code 3206.
4. Officers or employees of the City or candidates for elective office of the City may not directly or indirectly solicit political contributions from other officers or employees of the City unless the solicitation is part of a solicitation made to a significant segment of the public which may incidentally include officers from and employees of the City. Gov Code 3205.
5. City employees may not use, or allow others to use, City funds for political activities.
B. CITY EMPLOYEES MAY:
1. On their own time and not with the use of City property or equipment, participate in campaign-related activities.
2. On their own time and not in a City facility, gather petition signatures, wear lapel buttons, distribute material, speak before groups, write letters to the editor or display campaign stickers on their personal car. Private employee vehicles displaying bumper stickers may be parked on public property.
3. Identify their position with the City in a letter to the editor (written on their own time). They may not imply that they are expressing an opinion on behalf of the City.
4. In the course of work, respond to a political inquiry by providing routine information.
5. Respond to requests for public records even if the records will be used in support of or opposition to a measure or candidate, so long as the record is not exempt from disclosure under state law.
6. Under the direction of the City Manager, prepare and distribute to citizens neutral information relevant to a ballot proposition, if such action is part of the normal and regular conduct of the City.
Except as noted in this policy, City employees are otherwise free to fully exercise their constitutional First Amendment rights.
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66 10.4 NO SMOKING POLICY
A. Employees are prohibited from smoking or consuming any tobacco product in the workplace. “Smoking” means inhaling, exhaling, burning, chewing or consuming or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated or chewing tobacco or plant product intended for inhalation or consumption, whether natural or synthetic, in any manner or in any form.
“Smoking” includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking. CA Business & Profes-sions Code Section 22950.5.
For the purposes of this policy, a tobacco product includes:
1. A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by another means, including but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff.
2. An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah; or
3. Any component, part, or accessory of a tobacco product, whether or not sold separately.
A tobacco product does not include a product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for such an approved purpose.
B. Employees are prohibited from smoking a tobacco product inside a public building or in an outdoor area within 20 feet of a main exit, entrance, or operable window of a public building, including City-owned buildings and offices or other facilities rented or leased by the City, including individual employee offices, or in a passenger vehicle. CA Gov't Code Section 7597.
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67 1. Because California law prohibits any person from smoking at a place of employment, members of work crews are prohibited by law from smoking a tobacco product at any worksite location. While at a worksite, an employee may only smoke a tobacco product while on their break, and the employee must be at least 20 feet from other working City employees. An employee who smokes a tobacco product on a break must do so at least 20 feet from all entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited
2. This prohibition expressly includes shop areas and work bays, and their associated offices and support areas. Anyone smoking must remain at least 20 feet from all entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited.
3. Smoking on City Hall property is prohibited.
10.5 CITY PROPERTY / PERSONAL POSSESSIONS / PRIVACY LIMITATIONS A. CITY PROPERTY/PRIVACY LIMITATIONS:
1. The City of Willows may furnish desks, closets and/or lockers for security of employee coats, purses and other personal possessions. The City does not, however, assume responsibility for any theft or damage to the personal belongings of employees.
2. Employees should have no expectation of privacy when using such or any other City property. The City regards desks, closets, lockers, work spaces, telephones and voice mails systems, computers, City-issued cell phones and tablets, file cabinets and files, city vehicles, furniture and other City property, as well as data, programs, communications, messages and other property created on, acquired by, developed for or located in any City facility or equipment, either in printed or digital format, as City property.
The City reserves the right to search all such devices and property, including any personal possessions contained in them when it determines that there is a security, health, or other appropriate reason to do so. Such reasons may include, without limitation: (i) the need to locate City property; (ii) health or safety concerns; (iii) reasonable suspicion of misconduct; (iv) termination of employment; or (v) for other businessrelated purposes. The City reserves the right to review the contents of any document or communication, created or stored on a City computer or phone system, including electronic mail, text messaging, and voicemail.
Employees do not have a reasonable expectation of privacy in these areas or in any other City work areas or when using City equipment.
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68 3. City equipment is provided at public expense to assist employees in carrying out official City business. While personal use of City equipment is prohibited, it is recognized that certain de minimis use may occur, e.g., the receipt of a personal phone call on a City-owned phone. It is the employee’s responsibility to ensure the City of Willows incurs no cost as a result of any de minimis personal use of City equipment. Inappropriate or excessive use of City equipment for personal purposes may subject the employee to disciplinary action, up to and including termination of employment.
B. PERSONAL PROPERTY:
1. The City recognizes that employees may need or want to bring personal property to work. The City permits employees to do so but asks its employees to refrain from bringing unnecessary or inappropriate personal property to the workplace. Any property that is not appropriate for the conduct of normal business, that may be disruptive to workflow, may pose a safety risk to employees or the public, or which violates the terms of any City policy may be considered unnecessary or inappropriate. It will be within the City’s sole discretion to determine whether certain personal property is unnecessary or inappropriate.
2. The only personal property that an employee may be asked to use for City business is their personal vehicle. However, employees may choose to bring and use personal property in the performance of job duties. If personal property is used to perform job duties, employees must obtain written approval from a supervisor prior to its use and the property must comply with City standards.
3. It is the employee’s responsibility to safeguard personal belongings. The City will not be liable for lost, damaged or stolen property of its employees and at no time will the City replace or reimburse an employee for personal property that an employee brings to the workplace unless approved by the supervisor.
Employees are encouraged to exercise reasonable care to safeguard personal items brought to work. For example, employees should not bring valuables to work and should not leave personal items where they might be damaged or stolen.
4. Improper or excessive use of personal property brought onto City property or worksites or during work hours (for example, the excessive or inappropriate use of personal cell phones for personal phone calls, text-messaging, imaging or videotaping), may also result in disciplinary action, up to and including termination.
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69 10.6 ELECTRONIC COMMUNICATIONS POLICIES
Electronic Communications devises include, but are not limited to, the Internet, E-mail, voice-mail, cellular telephones, pagers, personal digital assistants, smartphones, computers/laptops, telecommunications devices, video and audio equipment, wireless networks, data systems telecommunications equipment, global positioning equipment, location devices, transmission devices, data processing or storage systems, computer systems, servers, networks, input/output and connecting devices, software, agency hosted social media, and documentation that supports electronic communications services The City of Willows furnishes computers for employees’ use in conducting City business.
This includes access to e-mail and the Internet. The Internet contains many useful features, including e-mail to non-City resources, access to research materials, and information exchange. This policy establishes basic rules for use of the City’s computer system, including the Internet and Internet e-mail.
A. THE INTERNET MAY BE MISUSED IN A VARIETY OF WAYS, INCLUDING BUT NOT LIMITED TO:
1. Downloading files that contain viruses, thereby endangering City information services;
2. Accessing objectionable material;
3. Harassing, discriminating and/or bullying other City employees or members of the public;
4. Illegally participating in political activity; and
5. Wasting work time by performing unauthorized research or accessing nonbusiness-related information and people or for computer games, or online games.
B. INDIVIDUAL RESPONSIBILITIES
Internet users are responsible for complying with this and all other City policies when using the City’s resources for accessing the Internet. Violation of this policy is grounds for disciplinary action, up to and including termination of employment.
C. GENERAL POLICIES FOR USE OF THE CITY’S COMPUTER SYSTEM, INCLUDING THE INTERNET:
1. An employee does not have a right to privacy when using the Internet via City resources and employees should not expect or assume any privacy regarding the content of email communications. The City expressly reserves the right to monitor and inspect the activities of the employee while accessing the Internet at any time, and to read, use and disclose e-mail messages.
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70 In addition, all software, files, information, communications, and messages (including e-mails) downloaded or sent via the Internet using City resources are the City’s records and property of the City; such records are subject to potential review and disclosure under the public disclosure laws of the State of California. Even after an email message has been “deleted,” it may still be possible to retrieve it.
2. The City Manager has the right to restrict or prohibit any employee from Internet access for violation of the policies in this section. Violations may also result in disciplinary action, up to and including termination of employment.
3. Internet use via City resources is for City business. Except as outlined here, use of City’s computer, Internet and email services are for City business only.
Some limited personal use is permitted, so long as it does not result in cost to the City, does not interfere with the performance of duties, is brief in duration and frequency, does not distract from the conduct of City business and does not compromise the security or integrity of City information or software. Such limited use must not occur on “paid time,” but is permitted immediately before or after work hours and during an employee’s breaks.
Examples of allowable personal use include accessing a weather report or news item on the Internet or transmitting e-mail to a family member to assure safe arrival at home. Any personal use of the City’s computer, Internet and email services must comply with all applicable laws and City policies, including anti-discrimination policies and Internet usage policy.
4. Internet use must comply with applicable laws and City policies including but not limited to all federal and state laws, and City policies governing sexual harassment, discrimination, intellectual property protection, privacy, public disclosure, confidentiality, misuse of City resources, information and data security.
5. The City’s computer system permits employees to perform jobs, share files, and communicate internally and with selected outside individuals and entities in the performance and conduct of City business. However, employees are prohibited from gaining unauthorized access to another employee’s e-mail messages or sending messages using another employee’s password.
6. To prevent potential City liability, it is the responsibility of all Internet users to clearly communicate to the recipient when the opinions expressed do not represent those of the City of Willows.
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71 7. The City has the capability and reserves the right to access, review, copy, modify and delete any information transmitted through or stored in its computer system. The City may disclose all such information to any appropriate party (inside or outside the City and in accordance with applicable law. Accordingly, employees should not use the computer system to send, receive or store any information they wish to keep private.
Employees should treat the computer system like a shared file system–with the expectation that files sent, received or stored anywhere in the system will be available for review by any authorized representative of the City for any purpose, as well as the public if a proper request is made for public records.
8. Good judgment should always be employed in using the City’s e-mail and Internet systems. Employee e-mail messages may be read by someone other than the person(s) to whom they were sent. E-mail inconsistent with the City’s policies must be avoided. For example, it is prohibited to make jokes or comments which could offend someone based on gender, race, age, religion, national origin, disability, or sexual orientation or any other protected category according to state or federal law. These comments would be in direct conflict with the City’s policies prohibiting discrimination and harassment. Accordingly, employees should create and send only courteous, professional and businesslike messages that do not contain objectionable offensive or potentially discriminatory material.
9. Caution should be taken in transmitting confidential information on the computer system. Employees should use due care in addressing e-mail messages to assure messages are not inadvertently sent to the wrong person inside or outside the City. Special care should be exercised when using the “REPLY ALL” feature on any e-mail system. E-mail creates a written record subject to court rules of discovery and may be used as evidence in claims or legal proceedings. Once sent, e-mail cannot be retracted. Even after deletion at a workstation, e-mail can be retrieved and read.
10. The safety and security of the City’s network and resources must be considered at all times when using the Internet. Any programs from a noncurrent source (i.e. downloaded from the web) or which involve executable or binary files must not be downloaded or installed without prior authorization by the City’s IT consultants via the City Clerk, and without being properly scanned for viruses. Employees are not to share or reveal individual passwords to anyone other than an authorized member of IT.
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72 11. There is a wide variety of information on the Internet. Some individuals may find information on the Internet offensive or otherwise objectionable.
Individual users must be aware that the City has no control over available information on the Internet and cannot be responsible for the content of information.
12. Prohibited Uses of the Internet: The following is a non-exclusive list of prohibited uses of the Internet and Internet e-mail:
a. Commercial use – any form of commercial use of the Internet is prohibited;
b. Solicitation – the purchase or sale of personal items or non-business items through advertising on the Internet is prohibited; c. Copyright violations – the unlawful reproduction or distribution of copyrighted information, regardless of the source, is prohibited; d. Discrimination / Harassment / Bullying – the use of the Internet to send messages or other content which is abusive or offensive, harassing, derogatory, discriminatory to employees, citizens, vendors or customers is prohibited;
e. Political – the use of the Internet for political purposes is prohibited; f. Aliases / Anonymous messages / misrepresentation – the use of aliases or transmission of anonymous messages is prohibited. Also, the misrepresentation of an employee’s job title, job description, or position with the City is prohibited;
g. Social networking sites – the accessing and/or creation of social networking sites, such as Snapchat, Facebook, Twitter, blogs and similar sites is prohibited for non-city business purposes;
h. Instant messaging;
i. Misinformation / Confidential Information – the release of untrue, distorted, or confidential information regarding City business is prohibited;
j. Viewing or Downloading of Non-Business-Related Information - the accessing, viewing, distribution, downloading, or any other method for retrieving non-City related information is prohibited. This includes, but is not limited to, entertainment sites, pornographic sites, sexually explicit sites, chat rooms and bulletin boards;
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73 k. Unauthorized attempts to access another’s network or e-mail account; l. Display or transmission of sensitive or proprietary information to unauthorized persons or organizations;
m. Spamming e-mail accounts from the City’s e-mail services or City machines.
D. Nothing in this chapter prohibits the use and access of the described systems for bona fide law enforcement and investigation purposes.
E. Personal E-mail Accounts. All City employees, including Council Members, are discouraged from using personal e-mail accounts to conduct City business. Because e-mails pertaining to the conduct of the City’s business may be subject to disclosure under California’s public records laws, personal e-mails and other personal materials may also be inadvertently disclosed. Therefore, use only City e-mail accounts for all City business.
10.7 WIRELESS COMMUNICATION DEVICES
A. An employee’s personal communications using City wireless communications devices should be limited, and employees are expected to exercise sound judgment in both the duration and frequency of such use. These devices should not be treated as if they were the employee’s personal property. As with similar City property, such as telephones, although minor personal use of wireless communications devices is not prohibited by this policy, it must not interfere with the performance of the employee’s work duties or normal business operations of the City. Employees must reimburse the City for costs that would not otherwise have been incurred by the City resulting from the employee’s personal use of
such devices.
B. The City reserves the right to monitor the use of all City-owned wireless devices to the extent they involve City business or are made during the employee's scheduled work time. Reasonable precautions should be made to prevent equipment theft, vandalism, and improper use of wireless device equipment and services.
C. Employee use of a personal wireless device is governed by and consistent with the guidelines provided for City-owned wireless devices, if the employee-owned wireless device is used for official City business and reimbursement from the city is received. Use of an employee-owned wireless device for personal use should be limited to emergencies and situations where alternative means of communication are unsafe, inconvenient, or not readily available. Use of a personal wireless device during work hours, whether talking or texting, is limited to emergency situations or for special circumstances when preapproved by the employee’s supervisor.
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74 D. Payment for Wireless Device Use: Use of City wireless devices for local personal phone calls should be kept to a minimum; long distance personal use is prohibited.
Recognizing that City supplies, services and equipment cannot be used for personal purposes, any person who is assigned a cellular telephone must make provision to assure payment for personal calls, whether by paying cash or signing an agreement to have the funds withheld from wages. An agreement form is available from the Finance Department.
The billing for City-owned wireless device service is not provided to the employee who has had use of a cellular telephone during the corresponding service period. It is the duty of the employee to note and certify on the City billing which calls were not related to City business or a public safety emergency. The billing must be returned to the supervisor within five (5) business days, accompanied by information about the personal calls, if there is a cost incurred the employee will pay for the personal calls.
E. Employees should recognize that cellular transmissions are not secure; thus, employees should exercise discretion when relating confidential information during a cellular telephone call.
F. Employees who abuse this policy for whatever reason may be subject to disciplinary action, including possible termination of employment.
G. Use of Handheld Wireless Communication Devices While Driving is Prohibited:
Except as provided below, the use of handheld wireless communication devices, including but not limited to cellular telephones and tablets (including text messaging), is not permitted while operating a car or other moving vehicle unless a hands-free device is used. If a hands-free device is not used, all necessary phone calls must be made before leaving the previous location or after arriving at the next destination. In the event an employee must make or receive a call or message while driving, they must find a safe place to pull over and stop the vehicle.
Employees violating this policy are subject to disciplinary action up to and including termination.
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75 10.8 USE OF CITY VEHICLES, EQUIPMENT AND SUPPLIES
Employees may not use other City supplies or equipment, including vehicles, for personal, non-City-business purposes; provided however, employees assigned emergency response duties may use City vehicles in accordance with applicable departmental policies. All City vehicles must remain on City property while not in service, unless specifically authorized.
An employee’s misuse of City services, property, facilities, telephones, computers, email, vehicles, equipment or supplies can result in disciplinary action up to and including termination of employment.
10.9 SEAT BELT POLICY
As required by California law, anyone operating or riding in City vehicles must always wear a seat belt.
10.10 DRIVER'S LICENSE REQUIREMENTS
A. Any employee operating a City vehicle, or using a motor vehicle for City business, must be at least 18 years of age and have a valid driver’s license.
B. As part of the requirements for certain City positions, an employee may be required to hold a valid California driver's license and/or hold a valid commercial driver’s license and continue to meet all the requirements for maintaining such licenses. If such an employee's license is revoked, suspended or lost, or is in any other way not current, valid and in the employee's possession, the employee must promptly notify their Department Head and immediately suspend driving duties. The employee may not resume driving until proof of a valid, current license is provided to their Department Head. Depending on the duration of license suspension, revocation or other inability to drive, as well as the employee’s usual duties, an employee may be subject to disciplinary action, including termination. An employee’s failure to notify their Department Head of such a license suspension, revocation or other license disqualification may also result in disciplinary action, up to and including termination of employment.
C. Periodic checks of employee’s driver’s licenses through visual and/or formal State Department of licensing review checks may be made by the City. Employees who do not hold a valid driver’s license must not operate a City vehicle until a valid license is obtained.
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76 10.11 ACCIDENT PREVENTION AND SAFETY
A. The City is committed to providing safe working conditions for its employees.
Every employee is responsible for maintaining a safe work environment and following the City's safety rules. Copies are available in Community Development Department. Employees must promptly report all unsafe or potentially hazardous conditions to their Department Head. The City will make every effort to remedy problems as quickly as possible.
B. The City encourages the promotion of accident prevention and safety education at regular department/division safety meetings. Employees in certain jobs or when performing certain tasks, operating equipment or as otherwise instructed are required to use personal protective equipment provided by the City, such as safety vests/glasses, hearing protection, gloves and/or hard hats. Employees are prohibited from removing guards or other protective devices from machinery and equipment or in any way tampering with or disabling safety measures. Violations of safety requirements may result in discipline, up to and including termination of employment.
C. In case of an accident involving personal injury or damage to property regardless of how minor or if a motor vehicle is involved in a collision of any kind, any involved employees must immediately notify their supervisor or Department Head or designee. In any accident that results in serious property loss or bodily injury, it is the City’s policy to test the employee for drugs or alcohol use, to confirm that the use of drugs or alcohol was not a factor in the accident. In addition, no City employee is permitted to engage in conduct after an accident or injury occurs, that will negatively impact the City’s or law enforcement’s investigation of the accident.
D. On the Job Employee Injuries: When an on-the-job injury occurs, employees are to report to their immediate supervisor each injury or illness regardless of the degree of severity. As soon as possible after an accident or occupational illness is discovered, the employee must complete the City’s Personal Injury Accident/ Report form and submit it to the Finance Department within twentyfour (24) hours.
If applicable, the employee is responsible for completing the California Employer’s First Report of Occupational Injury or Illness form. Supervisors are required to complete the “Illness or Injury” portions of the form (numbers 7 – 28) and submit the form to the Finance Director within 24 hours.
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77 Should the injury require attention beyond basic first aid, the employee should be transported for medical attention as quickly as possible. In cases of serious injury, an ambulance should be summoned immediately.
If an employee will be absent from work for more than three (3) days, the employee or their representative should contact their Department Head or Finance Director regularly to keep the City informed of their progress and intent to return to work.
E. Accidents/Incidents: Employees must report any work-related accidents involving a third-party personal injury and/or damage to public/private property or equipment, regardless how minor, to their immediate supervisor, Department Head and Human Resources. This report must be made as soon as possible, but in no event later than one (1) hour following such accident. So that an accident may be timely reported, the initial report may be given verbally. Accident report forms are available from supervisors or Human Resources. A written accident report shall be completed by the employee as soon as possible and, unless the employee is medically unable to, no later than twenty-four (24) hours following the accident, or sooner if required by the employee’s Department Head or Human Resources.
Employees must compile any reports requested by their supervisor, Department Head and/or the City Manager. In the case of a vehicular accident, the employee must immediately notify the law enforcement agency having jurisdiction, which will determine whether an accident investigation and/or police incident report is necessary. If required, a State Motor Vehicle Collision Report will be completed by the employee.
10.12 VIOLENCE IN THE WORKPLACE, BULLYING
A. The City has in place a Workplace Violence Prevention Program. The purpose of the Workplace Violence Prevention Program (WVPP) is to ensure that the City provides its employees and members of the public with a place to conduct the business of the City free of threats, threat of violence, intimidation, harassment, and acts of violence. It is the policy of the City to take appropriate actions to protect, as fully as possible, all employees of the City and members of the public from acts of violence, threats, intimidation, and harassment that may occur during the performance of job duties. The City will also act, including involving state or local law enforcement and pursuing prosecution through judicial or other appropriate administrative remedies, when such incidents occur.
This program does not apply to employees who are teleworking from a location of their choice, which is not under the control of the City.
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78 B. Bullying is defined as unreasonable behavior that generally is persistent, and that demeans, intimidates and humiliates one or more employees or member of the public. Bullying can take many forms and includes, but is not limited to slandering, ridiculing, or maligning a person or their family; persistent name calling which is hurtful, insulting or humiliating; using a person as the butt of jokes, verbal assault, making non-verbal threatening gestures, and socially or physically excluding or disregarding a person in work-related activities. Such conduct can also occur via use of electronic or telephone communications, such as the internet, email, blogs, text messages, or misuse of cameras and/or recording equipment.
C. Duty to Report Protective orders: Any employee who is the subject of or protected by a domestic violence protective order or civil protective order, shall immediately report the existence of the order to their Department Head or Human Resources Director.
D. Duty to Report Criminal Arrests and Convictions: Any employee who is arrested or convicted for a felony, gross misdemeanor or misdemeanor offence shall immediately report such arrest or conviction to their Department Head.
10.13 FIREARMS AND DANGEROUS WEAPONS
A. To facilitate a safe work environment, employees are prohibited from bringing, carrying, exhibiting or using any dangerous weapon in the workplace or into a City facility. This includes, but is not limited to, a weapon for which employees have a valid permit. "City facility" means all areas within the ownership and/or control of the City, and includes, but is not limited to, offices, buildings, city vehicles, desks, cabinets, lockers, or storage areas. The term “dangerous weapon” includes, but is not limited to:
1. Any firearm, rifle or handgun, whether such person has a license or permit to carry such firearm or not, and whether such firearm is concealed or not, unless required for the position or has been approved by the supervisor.
2. Any knife, sword, dagger, or other cutting or stabbing instrument, with a blade of a length of three inches or more, or any razor with an unguarded blade, whether such weapon or instrument is concealed or not, unless required for the position or has been approved by the supervisor.
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79 3. Any instrument or weapon of the kind usually known as a slingshot, taser, throwing star, bow, sand club, blackjack, metal knuckles, or any stick, chain, metal pipe, bar, club or combination thereof including a device known as nunchuk sticks, or any device having the same or similar components or parts, whether or not connected by a rope, chain or other device, or any explosive or poison or injurious gas (excluding those normally used in the course of one's employment duty), or any other instrument capable of producing bodily harm, whether such instrument or weapon is concealed or not.
4. Carrying, exhibiting, displaying or drawing any firearm, dagger, sword, knife or any explosive device, cutting or stabbing instrument, club or any other object capable of producing bodily harm where held or used, in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of another person or persons.
B. This policy does not apply to or affect the following:
1. Any person who is vested by law with a duty to preserve public safety, maintain public order, or to make arrests for offenses, for which the job requires possession of the dangerous weapon in question, while in the performance of such duty.
2. Any person making or assisting in making a lawful arrest for the commission of a felony.
3. Any situation where an employee’s job duties require the carrying or use of explosives, poisons or other potentially dangerous chemicals or devices, while in the performance of those duties and only as it relates to those items.
4. Other exceptions as may be authorized in writing by the City Manager.
C. Any employee violating this policy may be subject to disciplinary action, up to and including termination.
10.14 PROHIBITIONS ON DRUGS AND ALCOHOL IN THE WORKPLACE The City has established a policy to promote a drug and alcohol-free workplace. That policy is found in Appendix C.
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80 10.15 CONTACT WITH THE NEWS MEDIA
The City Manager, employees designated by City Manager or designated Department Heads are responsible for all official contacts with the news media during working hours, including answering questions from the media. The City Manager or Department Head may designate specific employees to give out procedural, factual or historical information on particular subjects. Other employees should refer questions from the media to the City Manager or designated media representative.
10.16 SOLICITATIONS
Most forms of selling and solicitations are inappropriate in the workplace. They can be an intrusion on employees and citizens and may present a risk to employee safety or to the security of City or employee property. The following limitations apply:
1. Persons not employed by the City may not solicit, survey, petition, or distribute literature on City premises at any time. This prohibition includes, but is not limited to, persons soliciting for charities, salespersons, questionnaire surveyors, or any other solicitor or distributor. Individuals who wish to do business with employees of the City shall be referred to the City Manager’s office.
2. Employees may not solicit others for any purpose during work time. Reasonable forms of solicitation are permitted during non-work time, such as before or after work or during meal or break periods. Employees who are on non-work time may not solicit other employees who are on work time.
CITY OF WILLOWS
CITY OF WILLOWS
PERSONNEL RULES
81 ACKNOWLEDGEMENT OF RECEIPT OF 2026 PERSONNEL RULES
My signature indicates that I have received a copy of the City of Willows Personnel Rules.
I understand that I am to review these rules that outline my privileges and benefits, as well as my responsibilities and obligations as an employee of the City.
I understand that the information contained in these Personnel Rules, dated October, 2026, is subject to change, and that the City may modify or supersede the policies and benefits as stated in these rules, and that any changes will be reflected in memorandum or notices circulated to City employees.
Employee Signature
Date
City of Willows Representative Signature
Date
CITY OF WILLOWS
APPENDIX A: FAMILY AND MEDICAL LEAVES AS PROVIDED BY FMLA/CFRA
CITY OF WILLOWS
PERSONNEL RULES
82 Policy Title: Family And Medical Leaves as Provided by FMLA/CFRA Date Adopted:
Date Amended:
Purpose
The City provides family and medical care leave for eligible covered employees as required by state and federal law. This Policy is supplemented by the Federal Family and Medical Leave Act (FMLA), and California Family Rights Act (CFRA). Unless otherwise stated in this Policy, “leave” means leave pursuant to FMLA and CFRA. Unless otherwise provided by law, the City will run each employee’s FMLA and CFRA leaves concurrently.
FMLA/CFRA
In accordance with FMLA and CFRA, the City may designate eligible covered employees a leave of absence for a period of 12 work weeks of family and medical leave during a 12- month period for a qualifying event, or 26 workweeks to care for a covered servicemember.
Leave may be designated for one or more of the following qualifying reasons:
• The birth of the employee’s child, or placement of a child with the employee for adoption or foster care, or to care for a newborn of an employee, or for baby bonding;
• To care for the employee’s child, spouse or registered domestic partner or their child, parent, grandparent, grandchild, or sibling or designated person who has a serious health condition;
• For a serious health condition that makes the employee unable to perform their job; • For an employee, or for an employee’s family member, against whom a “Qualifying Act of Violence” has been committed. A “Qualifying Act of Violence” is defined as any of the following regardless of whether it results in an arrest, prosecution, or conviction:
o Domestic violence
o Sexual assault
o Stalking, or
o An act, conduct or pattern of conduct that includes any of the following: an individual causing bodily injury or death to another individual; an individual exhibiting, drawing, brandishing, or using a firearm, or other dangerous weapon, with respect to another individual; or an individual using or making a threat, whether actual or perceived, to use, force against another individual to cause physical injury or death.
CITY OF WILLOWS
APPENDIX A: FAMILY AND MEDICAL LEAVES AS PROVIDED BY FMLA/CFRA
CITY OF WILLOWS
PERSONNEL RULES
83 “Family member” means a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner, as those terms are defined in Section 12945.2, or designated person. ‘Designated person” means any individual related by blood or whose association with the employee is the equivalent of a family relationship. The designated person may be identified by the employee at the time the employee requests the leave. An employer may limit an employee to one designated person per 12-month period for leave pursuant to this section.
• Leave for a variety of “qualifying exigencies” arising from an employee’s spouse, son, daughter, or parent is on active duty or call to active-duty status in the National Guard or Reserves in support of a contingency operation; • Under the CFRA only, leave for a variety of “qualifying exigencies” arising from an employee’s domestic partner is on active-duty status in the National Guard or Reserves in support of a contingency operation. Leave for this purpose does not apply to FMLA leave and will not run concurrently with leave under the FMLA; or • Leave to care for a spouse, son, daughter, parent or “next of kin” who is a covered servicemember of the U.S. Armed Forces who has a serious injury or illness incurred in the line of duty while on active military duty; or existed before the beginning of the member’s active duty and was aggravated by service in the line of duty on active duty in the Armed Forces. This leave can run up to 26 weeks of unpaid leave during a single 12-mmonth period.
Leave that is requested for the birth, adoption or foster care placement of a child of the employee, must be concluded within one year of the birth or placement of the child. An employee is entitled to leave for one of these purposes for at least one day, but less than two weeks duration on any two occasions; otherwise leave must be used in a minimum increment of two weeks.
When both parents are employed by the City and request simultaneous leave for the birth or placement for adoption or foster care of a child, the City will designate 12 workweeks of family/medical leave for each employee.
If leave is requested as family care leave for a qualifying family member or the employee with serious health condition, there is no minimum amount of leave that must be taken.
However, compliance with the notice and medical certification provisions in this Policy is required.
CITY OF WILLOWS
APPENDIX A: FAMILY AND MEDICAL LEAVES AS PROVIDED BY FMLA/CFRA
CITY OF WILLOWS
PERSONNEL RULES
84 Serious Health Condition
Serious health condition: A serious health condition means an illness, injury, impairment, or physical or mental condition that involves one of the following:
• Inpatient care in a hospital, hospice, or residential medical care facility, including any period of incapacity or subsequent treatment in connection with or consequent to such inpatient care;
• A period of incapacity of more than three consecutive calendar days that involves (a) treatment two or more times by a health care provider or (b) treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider; • A period of incapacity due to qualifying pregnancy or other pregnancy related conditions; the City will be careful to ensure that PDL for eligible covered employees runs separately and concurrently according to all laws;
• A chronic condition which (a) requires periodic visits for treatment by a health care provider, (b) continues over an extended period, and (c) may cause episodic rather than a continuing period of incapacity (e.g. asthma, diabetes, epilepsy, etc.); • A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective and the employee or family member is under the continuing supervision of a health care provider (e.g., Alzheimer’s, a severe stroke, or the terminal stages of a disease); or
• Any period of absence to receive multiple treatments by a health care provider either for restorative surgery after an accident or other injury, or for a condition that would likely result in the period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment.
Qualified health care providers include doctors of medicine or osteopathy, podiatrists, dentists, clinical psychologists, optometrists, chiropractors, alternative health care providers, nurse practitioners, and nurse-midwives authorized to practice under state law and performing within the scope of their practice under state law.
Eligibility for Leave
Covered employees are eligible for leave pursuant to this policy if the employee has been employed with the City for at least 12 months and has worked for at least 1,250 hours during the 12-month period immediately preceding the commencement of the leave.
In addition, to be eligible for Military Family Leave to care for an injured servicemember, the covered employee must be a spouse, domestic partner, son, daughter, parent or next of kin of a covered servicemember. The servicemember's medical condition must warrant the participation of the employee to provide supervision or care during the entire period of leave.
CITY OF WILLOWS
APPENDIX A: FAMILY AND MEDICAL LEAVES AS PROVIDED BY FMLA/CFRA
CITY OF WILLOWS
PERSONNEL RULES
85 A covered eligible employee may also use available leave entitlement for parental leave to bond with a new child within one year of the child’s birth, adoption or foster care placement.
For purposes of calculating the 12-month period during which 12 weeks of leave may be taken, the City will use a rolling 12-month period measured backward from the date leave is taken and continuous with each additional leave day taken. Successive 12-month periods commence on the date of an employee's first use of such leave after the preceding 12- month period has ended. There is no carryover of unused leave from one 12-month period the next 12-month period.
Servicemember Care
An eligible employee may take up to 26 work weeks of leave during a single 12-month period to care for the servicemember proportional to an employee’s average hours worked. Leave to care for an injured or ill servicemember, when combined with other FMLA/CFRA-qualifying leave, may not exceed 26 weeks in a single 12-month period.
Servicemember FMLA/CFRA, to care for an injured or ill service member, is available once per servicemember, per serious injury or illness.
Qualifying exigencies may include addressing needs arising from short-notice deployment, attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, addressing needs related to the care of the military member’s parent who is incapable of self-care, attending certain counseling sessions, to spend up to 15 calendar days with a military member who is on R and R leave, and attending post-deployment reintegration briefings.
Servicemember FMLA/CFRA runs concurrent with other leave entitlements provided under federal, state, and local law.
Medical certification for a Military Caregiver Leave must be from a United States Department of Defense, Department of Veteran’s Affairs, or other authorized medical provider. It must indicate:
• Whether the servicemember has incurred a serious injury or illness. • Whether the injury or illness renders the servicemember medically unable to perform the duties of the member’s position.
• Whether the injury or illness was incurred in the line of duty while on active duty. • Whether the servicemember is undergoing medical treatment, recuperation, or therapy, or is otherwise on outpatient status, or is otherwise on the temporary disability retired list.
• The probable duration of the injury or illness.
• The frequency and duration of leave the family member requesting leave will require. • The family relationship of the eligible employee to the covered service member.
CITY OF WILLOWS
APPENDIX A: FAMILY AND MEDICAL LEAVES AS PROVIDED BY FMLA/CFRA
CITY OF WILLOWS
PERSONNEL RULES
86 Procedures
Whenever possible, employees should provide at least 30 days advance notice for foreseeable events (such as a planned medical treatment for themselves or family member, or the expected birth, adoption, or foster placement of a child). For events that are less than a 30-day advance notice or that are unforeseeable, employees must notify the City Manager, at least verbally, as soon as the need for a leave is known. Failure to comply with these notice rules may be grounds for, and may result in, deferral of the requested leave until the employee complies with these notification/leave request procedures.
If an employee cites their own serious health condition as a reason for leave, the employee must provide a certification from the health care provider stating:
• Date of commencement of the serious health condition; • Probable duration of the condition; and
• Inability of the employee to work at all or perform any one or more of the essential functions of their position because of the serious health condition.
All medical certifications must have a measurable calendar period. When medically necessary, leave may be taken on an intermittent basis.
If a covered eligible employee provides an incomplete medical certification, the employee will be given a reasonable opportunity to remedy any deficiency. However, if an employee fails to provide a medical certification within the time frame established in this Policy, the City may delay the taking of FMLA/CFRA leave until required certification is provided or deny FMLA/CFRA protections following the expiration of the period to provide an adequate certification.
If the FMLA and/or CFRA request is made because of the employee’s own serious health condition, the City may require, at its expense, a second opinion from a health care provider that the company chooses. The health care provider designated to give a second opinion will not be one who is employed on a regular basis by the City.
If the second opinion differs from the first opinion, the City may require, at its expense, the employee to obtain the opinion of a third health care provider designated or approved jointly by the employer and the employee. The opinion of the third health care provider will be considered final and binding on the City and the employee.
The City requires the employee to provide certification within 15 days of any request for family and medical leave under state and federal law, unless it is not practical to do so. The City may require recertification from the health care provider if additional leave is required.
CITY OF WILLOWS
CITY OF WILLOWS
PERSONNEL RULES
87 APPENDIX A: FAMILY AND MEDICAL LEAVES AS PROVIDED BY FMLA/CFRA Compensation During Leave
FMLA/CFRA leave is without pay. However, the employee may use accrued paid leave.
Use of accrued leave or other wage replacement benefits will not impede tolling leave time against eligible protected leave entitlement banks.
Benefits During FMLA
The City will continue to pay its customary portion of any group health, dental, and vision insurance during a leave of absence as required by law. When in unpaid status, to maintain coverage, employees are required to pay timely the full employee contribution, either through Department payroll deduction or by paying the City directly. Employees may also arrange with the Finance Department for payment of any other payroll deductions. Any payments made by the City for the employee contribution will be collected from the employee by the City. The City may recover its portion of any group health, dental, and vision insurance premiums paid if the employee fails to return from leave under the circumstances described in applicable state or federal leave laws.
Sick leave, vacation and holiday benefits will not accrue during the period of any unpaid leave under this Policy.
Return to Work
An employee on leave of absence without pay due to the employee’s own illness or injury will be required by the City to present to the City Manager a fitness for duty statement by the employee’s treating health care provider releasing the employee with or without restrictions prior to returning to work. In appropriate circumstances, an employee may be restored to work, placed on administrative leave, and then required to undergo a fitness-for-duty examination.
Employees are expected to periodically report to the City Manager on their status and intent to return to work as often as necessary but not less than once per month during periods of medical leave use. This will avoid any delays to reinstatement when the employee is ready to return.
Under most circumstances, upon submission of a fitness for duty certification from the employee’s health care provider that the employee can return to work from leave for the employee’s own serious health condition, the employee will be reinstated to the same position held at the time the leave began or to an equivalent position. An employee returning from CFRA leave has no greater right to reinstatement than if the employee had been continuously employed.
Misuse of Leave
Employees who misuse or abuse family and medical care leave may be subject to corrective action up to termination. Employees who fraudulently obtain or use California Family Rights Act (CFRA) leave are not protected by the CFRA’s job restoration or maintenance of health benefits provisions.