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HomeMy WebLinkAboutCC RES 2017-62RESOLUTION NO. 2017-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA; AUTHORIZING THE ADOPTION OF AN ALTERNATIVE WORKWEEK SCHEDULE (9/80) POLICY FOR CITY EMPLOYEES. WHEREAS, The City Council, from time to time, reviews and adopts policies and procedures to assist in the efficient utilization of City resources and the fair and uniform application of requirements and benefits to City employees; and WHEREAS, on June 8, 2017, the City Council of the City of Palm Desert ("City") approved the Memorandum of Understanding ("MOU") between the City of Palm Desert and the Palm Desert Employees Organization (PDEO); and WHEREAS, such MOU included a provision for the adoption of an Alternate Workweek (9/80) policy for City employees; and WHEREAS, a flexible working schedule will maintain or improve existing level of service while also addressing individual employee needs, thereby enhancing employee morale and quality of life without resulting in additional cost or staffing requirements. NOW THEREFORE, the City Council of Palm Desert, California hereby finds and resolves that it approves the implementation of an Alternative Workweek Schedule Policy, as attached hereto as Exhibit "A". PASSED, APPROVED AND ADOPTED this 24th day of August, 2017 AYES: NOES: ABSENT: ABSTAIN: JONATHAN, KELLY, NESTANDE, WEBER, and HARNIK NONE NONE NONE JJN C. HARNIK, MAYOR ATTEST: fre, RA' HELLE D. KLASSE , CITY C ER CITY OF PALM DESERT, CALIFORNIA RESOLUTION NO. 2017-62 [This page has intentionally been left blank.] RESOLUTION NO. 2017-62 Administrative Procedures Manual HRBS-001 Alternative Work Week Schedules Page 3 of 6 of work performed. These issues should be considered prior to approving any request for an AWS. iv. Any adjustments to the employee's original request should be discussed with the employee in order to develop a work schedule that is agreeable to both the supervisor and the employee. Adjustments to the original agreement should be made no more frequently than every six months, be documented, and copies of the modified agreement must be provided to Human Resources and payroll. v. Once Department Head approval has been given, the original copy of the alternate work week agreement and subsequent adjustments must be sent to Human Resources for inclusion in personal and payroll files. C. Employee Participation i. Participation in the AWS is voluntary and subject to Department Director approval consistent with the needs of the City. Employees shall be required to complete and sign an "Alternative Workweek Schedule Agreement" (Attachment A) accepting the requirements of the policy and committing to a work schedule. ii. Alternative work schedules must transition on designated dates only (per payroll calendar, Friday before 4 day workweek) and are valid for six months. The "Alternative Workweek Schedule Agreement" will automatically renew every six months unless employees provide prior written notice of any modification to their supervisor. iii. Schedule changes requested by the employee within the six-month agreement period require Department Head approval and will only be considered to accommodate major life changes (e.g., change in daycare, care for seriously ill family member, childbirth, etc.) and require a minimum of 2 weeks advance notice to HR and Payroll. iv. The following temporary schedule changes are not permitted without Department Head approval as those changes could cause the City to incur unintended overtime: a. Change in the start time, end time, or meal break time on the Employee's Flex Day; b. Change of the Employee's Flex Day to a different day of the week; c. Change of the Employee's Flex Day to the other week in the pay period. 8238915.1 PA025-001 RESOLUTION NO. 2017-62 Administrative Procedures Manual HRBS-001 Alternative Work Week Schedules Page 4 of 6 v. Directors may temporarily change an employee's schedule because of business demands, vacation schedules, disciplinary issues, etc. by submitting a request for change to the Human Resources Department for approval. All such temporary changes initiated by a Director must be approved by Human Resources in order to avoid incurring unintentional overtime hours. D. AWS (9/80) Timekeeping i. Accurate time records must be maintained when administering an AWS. The employee and supervisor are responsible for accurate time reporting of hours worked and accounting for the use of any and all accrued leave. ii. The Employee's Fair Labor Standards Act (FLSA) workweek will be designated to begin exactly four hours after the start of the Employee's working hours on the Employee's Flex Day. For example, if the Employee is scheduled to work 8-5 on his or her Flex Day, the Employee's FLSA workweek begins and ends at 12 noon on his/her Flex Day. iii. Leaves of absence of more than two weeks, (i.e., FMLA/CFRA, Military Leave, Worker's Compensation Leave, etc.) not including regularly schedule vacations, may require special timekeeping therefore employees and supervisors should contact payroll for assistance immediately upon receiving notice of the need for leave. iv. Jury Duty: In accordance with Section 2.52.820 of the Municipal Code employees receive the difference between their regular salary and any payments (except travel pay) received from the court for Jury Duty. Whenever an employee is called up for Jury Duty they should report to work for any time greater than two hours remaining in their shift. Examples: a. 9 hour day: Record 9 hours JD b. 8 hour day: Record 8 hours JD c. Flex Day Off: - Record FDO: no additional compensation from the City d. Partial days: Record the hours worked and the balance (from 9 or 8 depending on schedule) as JD Employees who are called to report for Jury Duty on their scheduled day off will not receive additional compensation for that day. 8238915.1 PA035-001 RESOLUTION NO. 2017-62 Administrative Procedures Manual HRBS-001 Alternative Work Week Schedules Page 6 of 6 vii. Absences Generally: An employee who is absent on a 9 hour workday will be charged with 9 hours of paid leave (i.e., sick, vacation, comp time, etc.) consistent with policy for the use of said leave. Bereavement leave is granted in the amount of 3 full days, and may be marked as such regardless of occurring on a scheduled 9 or 8 hour workday. viii. Lunch Break: Employees may, with supervisor approval, request a half- hour lunch period, provided that they work during Core Business Hours. For example, a City Hall Office employee may work a 7:30 to 5:00 schedule with half-hour lunch, or an 8:00 a.m. to 5:30 schedule. E. Personal Time Off To the greatest extent possible, employees should attempt to schedule medical or other personal appointments on their scheduled Flex Day Off or Regular Day Off. Also, employees should make reasonable efforts to avoid taking miscellaneous time off on their working Friday/Monday to avoid undue hardship on their coworkers. F. Emergencies All employees on the 9/80 AWS are subject to be called to work on any day to respond to emergencies or unusual conditions which, in the opinion of the City Manager or Department Director, may require such service from any said employees. This may include staff shortages in a department. In any event, the Department Head or Manager will notify the affected employee as far in advance as practical of the need for them to report to work. Employees will be compensated for hours worked consistent with their status as FLSA Exempt or Non -Exempt and in accordance with existing policies and procedures. 8238915 1 PA025-(01 RESOLUTION NO. 2017-62 Attachment A Employee Name: Department/Division: Effective Date: Employee No.: CITY OF PALM DESERT FLEXIBLE WORK SCHEDULE AGREEMENT Plan: 1. The Fair Labor Standards Act (FLSA) requires a consistent 168-consecutive-hour, 7-day work week. You have elected to adopt Plan , with a work week that begins at on and ends at on the following 2. By electing to adopt this plan, you agree to adhere to the City of Palm Desert's Flexible Work Schedule Policy. This policy may be changed at the discretion of management. 3. By adopting this plan, you agree to the following during the first week of implementation: (circle one as applicable) Plan A: The first Friday off of the pay period — work an additional 4 hours during the first week for a total of 40 hours. Plan B: The second Friday off of the pay period — no implementation adjustment is required. Plan C: The first Monday off of the pay period — no implementation adjustment is required. Plan D: The second Monday off of the pay period — begin no earlier than the starting time of your newly defined work week and work a total of 40 hours during the first week (i.e., one-half day the first Monday). 4. By adopting this plan, you agree: A. If a holiday falls on a regularly scheduled 9-hour work day, to use 8 hours of holiday and 1 additional hour of other available leave (excluding sick leave), or work the additional hour during the work period. B. If a holiday falls on a regularly scheduled off day, to take the day prior to or the day following the holiday as a holiday. Note the above rule will then apply. RESOLUTION NO. 2017-62 C. If a day is taken off due to illness, vacation, etc., on a 9-hour day, to charge 9 hours for that leave of absence. In the event an illness or vacation, etc., occurs on your regularly scheduled day off, no sick leave, etc., shall be charged. (Examples Attached) D. Agree to conform to FLSA regulations in all respects, including, but not limited to, adherence to a 40-hour work week. (The scheduled hours on the 8-hour shift day are nonflexible.) E. Request no change to this adopted work schedule for a minimum of six months. This agreement automatically renews every six months unless you provide prior written notice of any work schedule modification to your supervisor. S. This work plan does not affect your work schedule or your base salary. APPROVED: Employee Signature Date Department Head Date cc: Human Resources, Finance RESOLUTION NO. 2017-62 Exhibit A Subject Policy No. Date Approved by Authored by I. Purpose and Policy CITY OF PALM DESERT ADMINISTRATIVE PROCEDURES Alternative Workweek Schedule HRBS - 001 Issued: August 24, 2017 Amended: N/A Resolution No. 2017- Human Resources Department It is the policy of the City of Palm Desert to offer flexible work hours and alternative workweek schedules (AWS) to employees while continuing to maintain operating efficiency, as well as productive and effective service to the public and other agencies. Participation in an AWS is voluntary and subject to Department Director approval consistent with the needs of the City. II. Eligibility All City employees are eligible to participate in an AWS as approved by their Department Head and consistent with the provisions of this policy. III. Definitions Alternative Workweek Schedule (AWS): Also referred to as a 9/80 schedule, the AWS means that rather than a 40 hour/5 day a week schedule, employees work 80 hours over a period of 10 days, typically 9 hours per day for 8 days, with one 8 hour day and an alternating day off every other week. Work Week: A seven day (168 consecutive hours) period that is established to calculate overtime. The workweek does not change from week to week and cannot be modified without Department Head approval.. Example of AWS Work Weeks: Frida Flex Day *(workweek starts Frida @ noon) Week Sunday Monday Tuesday Wednesday Thursday Friday Saturday Off 9 9 9 Off 9 9 9 *4 hours in week 0 and 4 hours in week 1 (Schedule starts on Fnday of Week 0) **4 hours in week 1 and 4 hours in week 2 4/4* Off 4/4** Off Off Off 8238915.1 PA025-001 RESOLUTION NO. 2017-62 Administrative Procedures Manual HRBS-001 Alternative Work Week Schedules Page 2 of 6 Monday Flex Day Workweek starts Monday @ noon 4/4* 9 1 Off Off 9 9 2 Off 4/4** 9 9 `}- hours in weela-and 4 hours in week 1 (Schedule starts on Monday of We`-eT-0) "4 hours in week 1 and 4 hours in week 2 nesday T r day Friday Saturday 9 9 9 Off Off Off Core Business Hours: The time periods during the workday, workweek, or pay period that an employee covered by an AWS is required by the City to be present for work. Regular Day Off: The normal weekly days off of the employee's schedule. Flex Day Off: The "extra" day that the employee is off work every other week. IV. GENERAL POLICIES A. Modification or Retraction i. The Policy will initially be enacted for a six month trial period. At any time before or after this trial period, the City Council and/or City Manager reserve the right to determine that such a policy is not in the best interests of the City and modify or retract it. B. Responsibilities and Approvals i. Managers and supervisors are responsible to ensure that their units have coverage during normal office hours (8:00 a.m. to 5:00 p.m. for most City Hall departments), including the lunch period. ii. Employees who want to participate in the AWS program must submit a completed Alternate Work Week Agreement form including proposed alternate work week calendar to their supervisors. (Attachment A) iii. Prior to approving the request, managers/supervisors must consider the impact the proposed work schedule will have on fellow employees, as well as the division as a whole, and make any necessary adjustments. Consideration should be given to the employees' workload and the type 8238915.1 PA025-001 RESOLUTION NO. 2017-62 Administrative Procedures Manual HRBS-001 Alternative Work Week Schedules Page 5 of 6 v. Holidays: Paid Holidays are listed in Palm Desert Municipal Code Section 2.52.700, and are compensated at 8 hours for full -day holidays and 4 hours for half -day holidays. On Workdays: For full -day holidays, including floating holidays, the City compensates for 8 hours, therefore when a Holiday falls on an employee's 9 hour workday they account for the balance of the day using 1 hour of accrued vacation leave. Half -day Holidays (Christmas Eve and New Year's Eve) are compensated for 4 hours, therefore employees must account for the balance of the unworked time (0 or 5 hours, depending on City Hall closure) using accrued vacation. On RDO: When a holiday falls on an employee's RDO or Flex Day Off, the employee will be required to take an alternate day off within the same workweek, subject to supervisory approval, and the employee will be required to use 1 hour of accrued vacation leave to account for the balance of the day, in order to fulfill a 40 hour workweek. For example: Pay period Sept 2 — Sept 15, including the Labor Day �■ Holiday. Employee A has Monday as their Flex Day and is assigned Tuesday as their Holiday. Their workweek: r r ednesday Thursday Frida Saturday 4/4* 9 Off Off Holiday 9 9 9 8/1 hr Vac Off 4/4** 9 9 9 9 Employee B has Friday as their Flex Day and there is no change to their Holiday. lc Sunday Monday Tuesda Off Holiday 8/1 hr Vac ednesda aturday 4/4* Off Off Off Off 9 9 9 9 4/4** Off vi. Overtime for Non -Exempt FLSA Covered Employees. Supervisory approval required. Per Section 2.52.600 non-exempt employees will be paid time and one-half compensation for all hours worked (plus Holiday hours) in excess of forty hours in one workweek. All overtime work must be approved in advance by the employees' supervisor. 8238915.1 PA025-001 RESOLUTION NO. 2017-62 Example of AWS Work Weeks: 2nd Friday Flex Day Off All timecards due on Friday except as noted. MINN- a N 0 0 c LL A c O c V LL ►unday Monday Time Card Turn in Friday second week 0 00 a� O O O 0 0 0 0 0 0 � O V 0 0 0 O O O • O 4 No Issue with weekend work o O O O O 0) O) C O O O O o) o) O O O O of of O O 0 0 O O O O O O O O O r N U) N First Monday Flex Day off ednesday ThursdaA d N Time Card Turn in Friday second week So O 0 ✓ a O O O O O O O Oi of O O O O O O o) o) 0 0 0 0 Q) of O O 0 O O O 0 d• 0 0 0 O O O O 0 0 0 O 0 O N