employee handbook -revised 8-26-13 re ot calculation … · september 3, 2013 1 employee handbook...

September 3, 2013 1

EMPLOYEE HANDBOOK OF THE CITY OF ANDERSON

ACKNOWLEDGMENT BY EMPLOYEE OF RECEIPT OF EMPLOYEE HANDBOOK AND DISCLAIMER OF CONTRACT

(To be signed and retained in Handbook.) DISCLAIMER

THIS HANDBOOK IS INTENDED TO SUMMARIZE DESIGNATED POLICIES,

PROCEDURES AND PRACTICES OF THE CITY OF ANDERSON (“ANDERSON”). THE EMPLOYEE IS ADVISED THAT BECAUSE CONDITIONS AND CONSIDERATIONS MAY CHANGE FROM TIME TO TIME, ANDERSON RESERVES THE RIGHT TO MODIFY, AMEND, ELIMINATE OR DEVIATE FROM ANY OR ALL OF ITS POLICIES, PROCEDURES AND PRACTICES IN ITS SOLE DISCRETION. THIS HANDBOOK SUPERSEDES AND REPLACES ANY PRIOR HANDBOOKS WHICH ARE HEREBY REVOKED, AND DECLARED NULL AND VOID.

ALL EMPLOYEES ARE FURTHER ADVISED THAT THIS HANDBOOK IS NOT A CONTRACT OF EMPLOYMENT. THE EMPLOYMENT RELATIONSHIP BETWEEN ANDERSON AND ITS EMPLOYEES IS AT-WILL AND VOLUNTARY, UNLESS IT IS PURSUANT TO A WRITTEN EMPLOYMENT CONTRACT. THIS MEANS THAT EITHER ANDERSON OR AN EMPLOYEE CAN TERMINATE THE EMPLOYMENT RELATIONSHIP AT-WILL AND AT ANY TIME, WITH OR WITHOUT CAUSE, AND WITH OR WITHOUT NOTICE, UNLESS IT IS GOVERNED BY A WRITTEN EMPLOYMENT CONTRACT. THE EMPLOYMENT-AT-WILL STATUS OF AN EMPLOYEE CAN NOT BE ALTERED BY ANY ` OR REPRESENTATION, BUT CAN ONLY BE CHANGED BY A WRITTEN CONTRACT WHICH MUST BE SIGNED BY CITY MANAGER OR THE CITY MANAGER’S DESIGNEE.

I ACKNOWLEDGE THAT, BY ACCESSING THESE POLICIES ON-LINE, I RE-AFFIRM THE ACKNOWLEDGMENT BELOW. MY CLICK ON THE “I ACKNOWLEDGE” BUTTON WILL SERVE AS MY ELECTRONIC SIGNATURE AND THE EQUIVALENT OF MY HANDWRITTEN SIGNATURE.

ACKNOWLEDGMENT

MY SIGNATURE BELOW ACKNOWLEDGES RECEIPT OF THE HANDBOOK WHICH

TAKES EFFECT FEBRUARY 1, 2012. I ACKNOWLEDGE THAT IT IS MY RESPONSIBILITY TO READ THE ENTIRE HANDBOOK AND TO BECOME FAMILIAR WITH ITS CONTENTS. I HAVE READ THE DISCLAIMER WRITTEN ABOVE AND I UNDERSTAND AND ACKNOWLEDGE THAT THE HANDBOOK IS NOT AN EMPLOYMENT CONTRACT. I KNOW THAT MY EMPLOYMENT IS “AT–WILL” AND VOLUNTARY, UNLESS IT IS GOVERNED BY A WRITTEN EMPLOYMENT CONTRACT. _________________________________ ___________________________ Employee’s Signature Date _________________________________ Print Name

September 3, 2013 1

ACKNOWLEDGMENT BY EMPLOYEE OF RECEIPT OF EMPLOYEE HANDBOOK AND DISCLAIMER OF CONTRACT

(To be signed, detached and filed in employee’s Personnel File.) DISCLAIMER

THIS HANDBOOK IS INTENDED TO SUMMARIZE DESIGNATED POLICIES,

PROCEDURES AND PRACTICES OF THE CITY OF ANDERSON (“ANDERSON”). THE EMPLOYEE IS ADVISED THAT BECAUSE CONDITIONS AND CONSIDERATIONS MAY CHANGE FROM TIME TO TIME, ANDERSON RESERVES THE RIGHT TO MODIFY, AMEND, ELIMINATE OR DEVIATE FROM ANY OR ALL OF ITS POLICIES, PROCEDURES AND PRACTICES IN ITS SOLE DISCRETION. THIS HANDBOOK SUPERSEDES AND REPLACES ANY PRIOR HANDBOOKS WHICH ARE HEREBY REVOKED, AND DECLARED NULL AND VOID.

ALL EMPLOYEES ARE FURTHER ADVISED THAT THIS HANDBOOK IS NOT A CONTRACT OF EMPLOYMENT. THE EMPLOYMENT RELATIONSHIP BETWEEN ANDERSON AND ITS EMPLOYEES IS AT-WILL AND VOLUNTARY, UNLESS IT IS PURSUANT TO A WRITTEN EMPLOYMENT CONTRACT. THIS MEANS THAT EITHER ANDERSON OR AN EMPLOYEE CAN TERMINATE THE EMPLOYMENT RELATIONSHIP AT-WILL AND AT ANY TIME, WITH OR WITHOUT CAUSE, AND WITH OR WITHOUT NOTICE, UNLESS IT IS GOVERNED BY A WRITTEN EMPLOYMENT CONTRACT. THE EMPLOYMENT-AT-WILL STATUS OF AN EMPLOYEE CAN NOT BE ALTERED BY ANY ` OR REPRESENTATION, BUT CAN ONLY BE CHANGED BY A WRITTEN CONTRACT WHICH MUST BE SIGNED BY CITY MANAGER OR THE CITY MANAGER’S DESIGNEE.

I ACKNOWLEDGE THAT, BY ACCESSING THESE POLICIES ON-LINE, I RE-AFFIRM THE ACKNOWLEDGMENT BELOW. MY CLICK ON THE “I ACKNOWLEDGE” BUTTON WILL SERVE AS MY ELECTRONIC SIGNATURE AND THE EQUIVALENT OF MY HANDWRITTEN SIGNATURE.

ACKNOWLEDGMENT

MY SIGNATURE BELOW ACKNOWLEDGES RECEIPT OF THE HANDBOOK WHICH

TAKES EFFECT FEBRUARY 1, 2012. I ACKNOWLEDGE THAT IT IS MY RESPONSIBILITY TO READ THE ENTIRE HANDBOOK AND TO BECOME FAMILIAR WITH ITS CONTENTS. I HAVE READ THE DISCLAIMER WRITTEN ABOVE AND I UNDERSTAND AND ACKNOWLEDGE THAT THE HANDBOOK IS NOT AN EMPLOYMENT CONTRACT. I KNOW THAT MY EMPLOYMENT IS “AT–WILL” AND VOLUNTARY, UNLESS IT IS GOVERNED BY A WRITTEN EMPLOYMENT CONTRACT. _________________________________ ___________________________ Employee’s Signature Date _________________________________ Print Name

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EMPLOYEE INTERNET AND E-MAIL ACKNOWLEDGMENT

I understand that the electronic resources the City has provided or may provide to me, including computers, their hardware, software, any files thereon and the information stored thereon (whether created by me, others, or the City), the server, all e-mail (including any e-mail accounts), and internet access are all the property of the City. I acknowledge that I have no privacy rights in the aforementioned items, including anything created, accessed, or reviewed using these electronic resources. I hereby authorize and consent to allow the City to review, monitor, search, or access any of these items, including anything created, accessed or reviewed using these electronic resources, for any reason, with or without notice, at the City’s discretion. Employee's Signature Employee's Name (Please Print) Date

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FOREWORD The business of the City of Anderson is divided into three distinct divisions: Public Safety, Public Works, and Administration. Because of unique work requirements in each of these divisions, City of Anderson personnel policies and procedures reflected in this Handbook may be supplemented or modified by certain departmental rules. Employees of each division will be instructed regarding other specific departmental rules. The generic "he" shall be used for all references to employees throughout the City of Anderson's Employee Handbook. The reference is only generic and does not imply any bias by the City.

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INTRODUCTION

Welcome to the City of Anderson! We are pleased you have decided to join us and hope that you will enjoy working with us. This Handbook generally outlines some of the privileges and benefits which the City currently offers its employees and explains certain employee responsibilities. The Handbook was prepared to better acquaint new and current employees with the City of Anderson's guidelines and general procedures. ______________________________ John R. Moore, Jr. City Manager ______________________________ Terrence Roberts Mayor

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TABLE OF CONTENTS

EMPLOYEE INTERNET AND E-MAIL ACKNOWLEDGMENT ............................................. 2

FOREWORD .................................................................................................................................. 3

INTRODUCTION .......................................................................................................................... 4

EQUAL EMPLOYMENT OPPORTUNITY ................................................................................. 7

EVALUATION PERIOD FOR NEW EMPLOYEES .................................................................... 7

EMPLOYMENT STATUS ............................................................................................................. 7

WORK WEEK ................................................................................................................................ 8

WAGE AND SALARY ADMINISTRATION .............................................................................. 9

OVERTIME WORK AND PAY .................................................................................................. 10

OUTSIDE EMPLOYMENT ......................................................................................................... 12

COMPLAINTS AND SUGGESTIONS ....................................................................................... 12

ATTENDANCE ............................................................................................................................ 13

DISCIPLINARY GUIDELINES .................................................................................................. 21

HARASSMENT ........................................................................................................................... 23

SUBSTANCE ABUSE ................................................................................................................. 25

REASONABLE SEARCHES ....................................................................................................... 29

SOLICITATION AND DISTRIBUTION .................................................................................... 30

BULLETIN BOARDS .................................................................................................................. 37

PERSONNEL RECORD CHANGES .......................................................................................... 37

POLITICAL ACTIVITIES ........................................................................................................... 38

VACATION LEAVE.................................................................................................................... 40

PAID SICK LEAVE ..................................................................................................................... 42

SICK LEAVE SHARING............................................................................................................. 47

FUNERAL LEAVE ...................................................................................................................... 49

FAMILY AND MEDICAL LEAVE ACT LEAVE ..................................................................... 50

MARRIAGE LEAVE ................................................................................................................... 56

MILITARY LEAVE ..................................................................................................................... 56

EDUCATIONAL LEAVE ............................................................................................................ 57

CIVIL LEAVE .............................................................................................................................. 57

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A. Jury Duty ........................................................................................................................... 57

B. Witness in Court ............................................................................................................... 58

C. Voting Time ...................................................................................................................... 58

HOLIDAYS .................................................................................................................................. 58

GROUP WELFARE BENEFITS ................................................................................................. 59

WORKERS' COMPENSATION INSURANCE .......................................................................... 60

EDUCATION REFUND PROGRAM ......................................................................................... 60

RETIREMENT BENEFITS.......................................................................................................... 61

SEPARATION .............................................................................................................................. 62

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EQUAL EMPLOYMENT OPPORTUNITY The City is committed to a policy of equal employment opportunity. The City actively seeks and employs qualified persons in all job classifications, and administers all personnel actions affecting employees without discrimination on the basis of race, color, religion, sex, national origin, age (40+), disability, status as a Vietnam era or specially disabled veteran, or any other basis prohibited under applicable law. The City's policy is to recruit, hire, compensate, train, and promote persons in all job classifications without regard to the aforementioned classifications. The City establishes valid requirements to qualify applicants for hiring opportunities and employees for advancement or promotional opportunities. The City's policy is to ensure that matters involving compensation, benefits, transfers, layoffs, returns from layoff, terminations, City-sponsored training, education, social and recreational programs are administered without regard to the aforementioned classifications. The City has a commitment to make the work environment efficient with a minimum of conflict. Conduct that interferes with another employee's performance or creates a hostile, intimidating, or offensive work environment will not be tolerated. Included as unacceptable conduct are derogatory statements about one's race, color, religion, sex, national origin, age (40+), disability, status as a Vietnam era or specially disabled veteran, or any other basis prohibited under applicable law. This matter is discussed in more detail in the provisions below concerning harassment.

EVALUATION PERIOD FOR NEW EMPLOYEES Any person hired as a regular, full-time employee goes through an evaluation period. The evaluation period for a regular, full-time employee normally is six months, beginning on the date of hire as a full-time employee, but may be shorter or longer, in the discretion of supervision. An employee hired as a full-time employee, after first serving as a temporary, part-time or seasonal employee, also would go through an evaluation period. Upon satisfactory performance, the evaluation period usually ends after the six month period, as determined by the respective department head. This period may be shortened, or it may be extended, generally for an additional period, typically ninety days, when deemed necessary by supervision. The evaluation period is not a guaranteed period of employment; employees remain at-will employees during this evaluation period. Following the evaluation period, the employee's status remains at-will.

EMPLOYMENT STATUS Employment status is an important determinant of eligibility for employment benefits. The definitions below, however, are guidelines only. The City of Anderson reserves the right to extend, modify or discontinue employment benefits without regard to employment status or the terms of the Handbook. Employees with questions about their status, benefits, or eligibility for benefits should direct them to the Personnel Department.

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A. Full-time Employees - A regular full-time employee is one who regularly works 35 or more hours per week. Regular full-time employees generally are eligible for City employee benefits, as specified in separate personnel policies and procedures.

B. Part-time Employees - A regular part-time employee is one who regularly works less than

35 hours per week. Regular part-time employees may be eligible for City employee benefits on a reduced basis, as specified in separate personnel policies and procedures.

C. Temporary Employees - A temporary employee is one who has been hired for a department

which needs extra employees on a temporary basis. Temporary employees generally are not eligible for City employee benefits, except for funeral leave and holiday pay as specified in separate personnel policies and procedures.

D. Seasonal Employees - A seasonal employee is one hired to work during various seasons,

typically by the Parks and Recreation Department, such as those hired for youth and adult sports events seasons or as school crossing guards during the school year. Seasonal employees are not assured employment for the duration of the “season,” but are employed at-will like all other City employees and must reapply for employment for each new season. Seasonal employees are not eligible for City benefits.

E. New Employees still within their Evaluation Period - An employee who is still working

within his evaluation period (i.e., normally the first six months of employment, or shorter or longer, as deemed necessary in the discretion of management) generally is not eligible for City benefits. There are exceptions, some of which are set forth herein, such as health insurance.

WORK WEEK

The work schedule for an employee varies according to the department in which he works and depending on whether the employee is paid by the hour or by salary. The work week begins at 12:01 a.m. on Monday and ends at 12:00 midnight on Sunday. Hourly administrative and support personnel are expected to work from 8:30 a.m. to 5:00 p.m. daily, Monday through Friday, with a one-hour unpaid lunch break each day. The daily work schedule for hourly employees in service departments, including all departments of Public Works, vary but generally is from 8:00 a.m. to 4:00 p.m., with a one-half hour unpaid lunch break. Hourly sanitation employees work on an incentive program, allowing them to leave for the day when they complete their assigned route. Hourly employees in the Public Safety departments (the Police Department and the Fire Department) work on rotating shifts and are subject to work hours designated by their respective department heads. Salaried employees generally follow the schedules maintained by their departments, but their hours will vary depending on the requirements of the job.

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WAGE AND SALARY ADMINISTRATION The City's policy is to maintain a sound wage and salary administration program. Employees hired for a certain position normally begin at the starting rate for that position. A. Pay Periods A pay period is two consecutive workweeks and there are normally 26 pay periods in a

calendar year. B. Rates of Pay Nonexempt (hourly) employees receive regular time, or their normal hourly rate of pay, for

all hours worked in a workweek up to and including 40 hours. Nonexempt employees are those who do not qualify as "exempt" under the Federal Fair Labor Standards Act. All nonexempt employees are eligible for overtime rates of pay. The overtime rate of pay is one and a half times the regular pay rate and is paid for hours worked in excess of 40 hours in a workweek. For a further explanation, please see the section below entitled Overtime Work and Pay.

The exception to this policy is within the Public Safety Departments -Police and Fire. These

departments follow specific guidelines for Police Officers and Firefighters established by the Fair Labor Standards Act.

Certain members of management, administrative staff, and professionals are considered "exempt" under the Fair Labor Standards Act. Exempt employees are paid a specified salary which does not vary based on the hours of work.

C. Payroll Deductions The City is required by law to make all mandated federal and state payroll deductions,

including, but not limited to, federal taxes, Social Security (FICA), and state taxes. There are also optional deductions, including:

1. Insurance premiums 2. Flex Spending Plan 3. United Way contributions 4. Credit Union 5. State of S. C. Deferred Compensation Program 6. Employee Physical Fitness Wellness Program

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To have optional deductions deducted from a paycheck, the employee signs forms

expressing his desires. In addition, the City reserves the option of making deductions from compensation to offset

losses due to theft, damage, lost City property, other reasons which relate to improper acts or omissions by employees, or for other amounts owed to the City.

D. Falsification of Time Records Employees who falsify their own or another’s time record may be subject to severe

penalties, up to and including dismissal.

OVERTIME WORK AND PAY Occasionally, employees perform work beyond their normal work schedule, including Saturday, Sunday and holiday work. Employees are expected to perform this work when requested. Overtime work for non-exempt employees in the Public Safety Departments will be scheduled by their department heads. Supervisors will try to inform employees in advance of any overtime work requirement. Overtime pay for qualified nonexempt (hourly, non-supervisory) employees will be governed by the pertinent provisions of the Fair Labor Standards Act. Exempt employees do not receive overtime pay. Non-exempt employees (non-supervisory, hourly paid) shall be entitled to compensation for overtime work at a rate of one and one-half times their regular hourly rate of pay for any hours worked in excess of 40 hours per work week. (Firefighters in the Fire Department and Law Enforcement Officers in the Police Department have different threshold hours and time periods after which overtime is paid.) Compensation for such overtime generally is in the form of compensatory time (at a rate of one and one-half hours of paid time off for each overtime hour worked) although Division Heads may offer cash overtime compensation instead. In the future, the City may elect to pay any or all its employees in cash overtime compensation. Only hours for time actually worked on behalf of the City shall be considered in calculating overtime. Accordingly, compensatory time used in a work period after the effective date of this policy will not be included in “hours worked” for purposes of calculating further overtime. Similarly, paid time off pursuant to leave policies (e.g., vacation, holidays) does not count as hours worked for purposes of calculating overtime. Likewise, unscheduled absences or time off without pay are not considered hours worked for overtime pay purposes. In addition, time away from work (e.g. due to tardiness, leaving early or other absence during a regular shift) will not be considered hours worked.

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Supervisors have discretion whether to request and/or approve overtime and how to distribute the overtime to employees based on the needs of the department and the skills and abilities required to perform the necessary work. All overtime work must be approved in advance by the employee's supervisor and reported on the employee's time sheet. Employees may not work more than their scheduled daily or weekly hours without authorization from their immediate supervisor. Working “off the clock” is strictly prohibited. If a non-exempt employee is called back to work after the completion of a shift (e.g., in the event of an unforeseen event, emergency, etc.) or is called in for other unscheduled work on a day off, the employee will be compensated for a minimum of two hours for such call-back/call-in (at one and one-half times the regular hourly rate) regardless of the amount of time the employee actually works. If the “call-back/call-in” work exceeds the two hour minimum, all time in excess of two hours will be compensated in accordance with the standard overtime policy. The two-hour minimum shall only apply to the first “call-back/call-in” on any given calendar day.

USE OF CITY PROPERTY

It is of the utmost importance that City employees understand the proper use and maintenance of all City property. The tools and equipment of every job are modern and costly. If any equipment is found to be defective, the employee should report the condition to his immediate supervisor at once. The employee should never use defective or unsafe equipment.

City-owned tools, equipment and other property cannot be used by an employee while off the job, or for personal use while on the job except as specifically authorized by written City policy. Violation of this policy can lead to discipline up to and including termination

CITY OF ANDERSON TRAVEL POLICY

The City of Anderson will reimburse employees for authorized expenses incurred in travel on City business. No expenses for spouses, guests, entertainment and/or non-business related costs will be reimbursed. The Travel Policy sets forth specific procedures for the approval of travel expenses, and is detailed in the City’s Policy and Procedures manual. Employees should address any questions regarding the Travel Policy to their individual supervisors.

CITY VEHICLE USAGE POLICY

The purpose of the City Vehicle Policy is to ensure that City–owned vehicles are used in the proper manner by authorized personnel. Only City employees are authorized to operate or ride in a City vehicle. The only exception shall be those passengers who are authorized by department heads.

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Assignment and authorized use of City vehicles shall be determined by the City Manager. City vehicles assigned to authorized personnel shall be used only as specifically set forth in the City’s Personnel Policy and Procedures. The use of a City vehicle in a manner which conflicts or violates the policy that is set forth in the City’s Personnel Policy and Procedures shall result in disciplinary action up to and including termination. Employees should address all questions regarding the use of City-owned vehicles to their direct supervisor.

OUTSIDE EMPLOYMENT An employee may participate in outside work activities unless the activities conflict with the interests of the City or the employee's City job responsibilities. In general, an employee should not engage in outside work activities when they:

A. Prevent the employee from fully performing work for which he is employed by the City, including overtime assignments.

B. Involve organizations that do or seek to do business with, or compete against the

City, including actual or potential vendors.

C. Violate provisions of law, government regulation, or a City rule or policy.

D. Otherwise harm or conflict with the City’s interests because of the nature of the outside work activities.

Employees should obtain the approval of their supervisor in advance of all outside work activity to avoid internal and potential conflicts. If the City discovers that an employee has engaged in activities outside employment contrary to the limitations stated above, the employee may be deemed to have violated this section and may be disciplined, up to and including discharge. Supervisors will try to inform employees in advance of any overtime requirement. In cases of conflict with any outside work activity, the employee's obligation to the City has priority; otherwise, the employee may be deemed to have violated this section. An employee who violates this section may be disciplined, up to and including discharge.

COMPLAINTS AND SUGGESTIONS

Employees are encouraged to speak to their supervisors about complaints, questions and suggestions. Grievances and personal complaints in particular are best handled between the employee and the employee's immediate supervisor.

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If the subject of a grievance cannot be solved between the employee and his supervisor, the employee may follow steps in the grievance process, which includes levels of review by the department head or division head. If the complaint is not resolved at these levels, the employee may request that the Employee Grievance Committee hear the matter. The decision of the committee is forwarded to the City Manager. The City Manager may reject, accept or modify the findings and decision of the Grievance Committee, and his decision is final. A copy of the Employee Grievance Procedure may be obtained in the Personnel Office. The Personnel Office staff is available to assist employees in grievance procedures.

ATTENDANCE

A. Purpose

Regular employee attendance and promptness are very important to the efficient operation of City business. Since an employee’s absence requires additional work for other employees who must share in the responsibilities of the absent employee, it is important for each employee to have good attendance and contribute to the business of the City. Some absences have justification and are deemed excused while others are considered unexcused. Even excused absences may create problems for the efficient operation of the City and must be addressed by counseling and discipline. This policy establishes guidelines and procedures for the determination of acceptable attendance. The Public Safety departments (Fire and Police) may implement and apply supplemental attendance policies and procedures governing public safety employees. This policy applies to all City employees. However, exempt employees will not receive “occurrences,” as described in this policy. Exempt employees are expected to maintain good attendance, including being on time and staying at work when expected to be there. Failure to do so may result in disciplinary action, up to and including discharge.

B. Definitions

- Absence: Generally defined as the failure of an employee to report or remain at work, or be on the job, when scheduled. An absence includes missing a full day of work, tardiness, or leaving early.

- Occurrences: Each employee’s attendance record will be determined by the

number of “occurrences” of absence the employee incurs for a particular period. Most instances of absence during a work day constitute one (1) occurrence, while some shorter absences may constitute one half (1/2) occurrence. Excused Occurrences are recorded separately from Unexcused Occurrences.

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- Excused Occurrences: Absence from work that is approved according to

notification and reporting procedures set forth below, but still generally results in an attendance occurrence.

- Unexcused Occurrences: An absence from work will be unexcused if the

employee does not follow proper call-in procedures, does not return at the end of an approved leave, or does not have an approved reason or a satisfactory explanation for the absence. Absence from work that is unexcused results in an attendance occurrence.

- Scheduled Work Hours: Generally includes normal work schedule, scheduled

meetings, scheduled overtime, scheduled training, and/or any other scheduled time.

- Leave of Absence: Approved time off from scheduled work for vacation leave,

medical leave, family leave or other reasons recognized in this Handbook.

C. Notification of Absence/Reporting Requirements

1. Advance Notification to Supervisor

Each employee is expected to be at work when scheduled and not on approved leave. An employee should notify his supervisor in advance (at least 24 hours) that he will be absent or late for scheduled work in order to allow the supervisor to properly staff work in the department.

Sometimes an employee does not know in advance of his need for tardiness or absence from scheduled work. In that case, the employee should follow the Call-In Procedures outlined below.

2. Call-In Procedures

When an employee determines that he must be absent and is unable to notify the

supervisor in advance as provided above, the employee should follow these Call-In Procedures.

a. Initial Notification: Each employee who is unable to provide the

minimum 24 hours of notification as described above should notify his supervisor of the absence at least two (2) hours before the employee’s scheduled start time, or sooner if possible. The employee should personally report the absence and should speak directly with the supervisor, unless extreme circumstances make personal contact impossible.

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If an employee is unable to make personal contact with his supervisor prior to this time, then initial absence notification should be left on the supervisor’s work voicemail. If this is not possible, then initial notification may be left by making personal contact with the head of the department, or his or her designee.

b. Follow-up Calls: An employee who is unable to make personal contact

with his supervisor initially should make a follow-up call within the first two (2) hours of his scheduled start time. The employee should personally provide his supervisor with a reason for the absence or tardiness and the expected return to work date/time.

The employee also should call his supervisor for each subsequent day of the absence, following the Call-In Procedure specified above, unless the supervisor was informed in advance that the absence will be for two or more consecutive days. The employee does not have to make a follow-up call if he has provided his supervisor with this information during the initial notification. These procedures apply regardless of the reason for the absence.

3. Consecutive Absences

a. If any absence extends beyond one (1) day of work, and the employee is not certain when he will return to work, the employee should follow the Call-In Procedures specified above each day until an expected return to work day is determined and properly communicated to the supervisor or other appropriate person under the Call-In Procedures.

b. Once a return date is established and communicated, the employee does

not have to call in again unless a change occurs. If the expected return to work date is changed, the employee should follow the Call-In Procedures specified above.

4. Failure to Report

Employees absent for any reason without reporting in via Call-In Procedures for three (3) consecutive working days or who fail to report to work the first working day after the expiration date of an authorized leave of absence, are deemed to have voluntarily resigned.

5. Falsification Any misrepresentation concerning the reason, need for, or duration of an absence may be grounds for discipline up to and including immediate discharge.

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D. Occurrences

1. Calculation of “Occurrences”

An employee will generally receive an occurrence for each absence, as specified below:

a. More than Half of the Day. An absence (excused or unexcused) that is

more than half (1/2) of the employee’s standard scheduled workday counts as one (1) occurrence.

b. Less than Half of the Day. An absence (excused or unexcused) that is

equal to or less than half (1/2) of the employee’s standard scheduled workday counts as a half (1/2) occurrence.

c. Tardy. An employee is considered tardy if he is not at his work station at

the start of his scheduled workday. This generally counts as a half (1/2) occurrence. If the employee reports to work after more than half the normal work day, the tardy counts as one (1) occurrence.

d. Leaving Early. If an employee is approved to leave work with half or less

than half of the employee’s normal workday remaining, the absence will count as a half (1/2) occurrence. If the time away is more than half of the employee’s normal workday the absence will count as one (1) full occurrence. Leaving work at any time without approval or excuse counts as one (1) unexcused occurrence and, regardless of other provisions herein, may result in disciplinary action, up to and including termination.

2. Linking Excused Absences

Consecutive, excused absences of up to three (3) workdays total that are due to a single illness or injury of an employee, may be linked together and counted as one (1) occurrence. Consecutive, excused absences in excess of three (3) workdays that are due to the illness or injury of an employee generally qualify for Leave pursuant to the Family and Medical Leave Act (“FMLA Leave”) and do not count as attendance occurrences. See FMLA Leave Policy. Otherwise (e.g., after available FMLA leave has been used up), each excused absence in excess of and following three consecutive, excused absences counts as one (1) occurrence. Consecutive, unexcused absences normally are counted separately and are not linked together for purposes of treating them as a single occurrence.

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3. Exceptions for Receiving Occurrences

An employee who is approved for absence for one of the reasons listed below, and who provides proper and acceptable documentation for such an absence, does not receive occurrences for the following list of excused absences:

- Approved and available vacation or holiday leave. - Approved Leaves of Absences in accordance with other provisions of this

Handbook (e.g., jury duty leave, funeral leave). - Leave pursuant to the Family and Medical Leave Act (“FMLA Leave”). - No work is available.

4. Occurrence Period

Occurrences generally remain active on the employee’s attendance record for a rolling 9-month period of active City service. An occurrence or half occurrence normally is removed from an employee’s attendance record after the employee has completed nine months of active service from the date of such occurrence (Referred to hereafter as the “Occurrence Period”). Extended time periods taken for a medical leave of absence (“MLOA”) are considered inactive service; therefore the time an employee takes for a MLOA for 30 or more consecutive days will be added to and will extend the Occurrence Period (see example below).

Example: An occurrence on 10/1/09 will drop off on 7/1/10 if the employee has not taken a MLOA during that time span. However, if the employee took a MLOA from 1/1/10 until 2/1/10, for example, then an occurrence on 10/1/09 will not drop off until 8/1/10.

5. Possible Disciplinary Action Excessive occurrences, excused or unexcused, may be grounds for discipline, up

to and including termination. If, in the view of the City, occurrences are excessive, then the employee may be disciplined. The discipline may vary, depending on, in the City’s sole discretion, the seriousness of the poor attendance and the employee’s commitment to improve. Unexcused occurrences generally are subject to greater discipline than excused occurrences, but even excused occurrences are considered when evaluating attendance records and deciding appropriate action.

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The City will attempt to alert employees to problems with their attendance but, ultimately, it is the responsibility of employees to keep track of their own attendance records. Such notices may consist of counseling or warnings, verbal or written. Any counseling or warnings, verbal or written, are not considered progressive discipline or required disciplinary steps but, rather, are for the benefit of employees who appear to be or indicate they are interested in improving their attendance.

E. Excused Occurrences

Certain types of employee absences are considered “excused” occurrences when the proper notification is made to the appropriate personnel, and the absence is documented and approved. The following are examples of the types of absence that may be classified as “excused” occurrences: 1. Personal Illness or Injury. In case of personal illness or injury where the employee follows the proper

advance notification or call-in procedure specified above, the absence is counted as an excused occurrence. If such injury or illness is to extend beyond three (3) days, the employee should request a medical leave of absence and the absence may be treated as FMLA Leave. See FMLA Leave Policy. A doctor’s certificate may be required for excused absences or tardies due to personal illness or injury, depending on the circumstances.

2. Serious Illness or Injury in the Immediate Family. An occurrence may be excused if a member of an employee’s immediate family

becomes seriously injured or ill, and the situation requires his absence from work to care for the family member. For purposes of this provision, “family member” is limited to a spouse, child or parent. This exception is limited to unusual circumstances involving sudden and serious illnesses or injuries, such as automobile accidents, heart attacks, etc., where the employee cannot otherwise provide for the ill or injured person.

If such injury or illness extends beyond three (3) days, the employee should apply for a family leave of absence and the absence may be treated as FMLA Leave. See FMLA Leave Policy.. The City reserves the right to require a doctor’s certificate to confirm the illness or injury and the necessity of the employee’s aid in caring for the family member. In case of absence for this reason, the employee should follow the advance notification or call-in procedures specified above.

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3. Partial Absences. Absences for a portion of the day for the purpose of receiving medical or dental

care, meeting with a legal advisor, or attending to some legal obligation may be excused only if the absence is approved in writing by the supervisor and the employee cannot perform these tasks or obtain these services during nonworking hours. Employees should provide the City with a week’s notice of an appointment with a doctor, dentist or legal advisor, or some legal obligation.

4. Other Absences. The City may approve other absences as “excused,” but only in rare instances.

F. Excessive Excused Occurrences Even Excused Absences have an impact on the efficient operation of the City and are

counted in evaluating excessive absence from work.

1. Review: The accumulation of five (5.0) excused occurrences in any Occurrence Period

generally results in a review of the employee’s attendance record by the supervisor, and counseling or discipline, up to and including discharge, as the supervisor deems appropriate.

2. Counseling or Discipline: The accumulation of seven (7.0) excused occurrences in any Occurrence Period

may result in disciplinary action up to and including discharge, in the discretion of the supervisor.

3. Possible Termination for Absenteeism:

When an employee accumulates nine (9.0) or more occurrences for excused absences in any Occurrence Period, the supervisor normally conducts an attendance review and the employee is subject to serious disciplinary action, up to and including discharge.

Any counseling or warnings, verbal or written, are not considered progressive discipline or required disciplinary steps but, rather, are for the benefit of employees who appear to be or indicate they are interested in improving their attendance.

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G. Unexcused Occurrences

An employee’s absence counts as an unexcused occurrence if any of the circumstances below applies.

1. The absence is not approved or excused, as provided above.

2. An employee does not properly follow the correct advance notification or call-in

procedures specified above, thereby failing to properly report the absence and the reason for the absence. Each such missed workday counts as an unexcused occurrence.

3. An employee fails to report to work, including at the conclusion of an approved Leave of Absence. Failure to report to work following a leave of absence may also be deemed voluntary resignation. See part H.3 below.

Nonexempt employees are not paid for unexcused occurrences).

H. Excessive Unexcused Occurrences:

1. Unexcused occurrences generally are evaluated and handled as follows:

a. Review: One (1.0) unexcused occurrence in an Occurrence Period generally results in a review of the employee’s attendance record by the supervisor, and counseling or discipline, up to and including discharge, as the supervisor deems appropriate.

b. Counseling or Discipline: Two (2.0) unexcused occurrences in an

Occurrence Period may result in counseling and disciplinary action, up to and including discharge.

c. Possible termination: Three (3.0) Unexcused Occurrences within an

Occurrence Period normally results in serious disciplinary action, up to and including discharge.

Any counseling or warnings, verbal or written, are not considered progressive discipline or required disciplinary steps but, rather, are for the benefit of employees who appear to be or indicate they are interested in improving their attendance.

2. An absence for three (3) consecutive scheduled work shifts, during which the

employee does not report to his supervisor, is generally considered a voluntary resignation.

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3. Failure to return to work the day after the conclusion of an approved leave of absence is generally considered a voluntary resignation.

DISCIPLINARY GUIDELINES

The City of Anderson seeks to encourage improvement by employees who fail to meet conduct or performance standards. Unfortunately, some employees engage in conduct or fail to meet the expectation of performance for their responsibilities, necessitating corrective action or, in some cases, termination. The following provisions address those situations. Failure to satisfy fully the requirements of the City rules, policies or procedures; failure to meet performance expectations of management; or any action or behavior which, in the opinion of management, is detrimental to the orderly operation and integrity of the City, may subject the employee to disciplinary action, including one of the following possible disciplinary responses:

• Verbal counseling • Written warning • Warning indicating that any future action will result in discharge • Unpaid suspension • Discharge

These responses are in no particular order and are not part of a progressive discipline process. The disciplinary response of management to a particular situation will depend on a number of factors such as the severity of the offense, the likelihood that corrective action would be effective, the employee’s response to the matter, and other criteria used by management in its sole discretion.

Any employee, who, in the sole judgment of management, has engaged in improper conduct or performance, may be subject to disciplinary action based on the circumstances of the individual case. Unacceptable behavior or performance may result in disciplinary action ranging from a counseling session to discharge. As stated previously, the City reserves the right to terminate employees for any or no reason, at any time, with or without notice, at its discretion. The City lists below certain types of misconduct which may result in discipline, up to and including discharge. This list is not all inclusive. Obviously, there are other circumstances which fail to meet conduct and performance standards of the City. Accordingly, the City reserves the right to discipline or terminate for conduct or instances of poor performance other than that listed. From time to time, the City may publish new standards. All employees are expected to act within the guidelines in this section, as well as to adhere to appropriate workplace behavior and performance standards. Some examples of unsuitable behavior or performance include, but are not limited to: 1. Smoking, eating or drinking in unauthorized areas.

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2. Malingering, loitering or sleeping on the job. 3. Falsifying time sheets or other City documents. 4. Interfering with, defacing, changing, or altering any posted work schedule, insurance

forms, employee notice, directive, order, or other document; or posting notices contrary to City policy.

5. Excessive use of telephones. Emergency calls are permitted. Making personal long

distance calls at the City's expense is considered to be theft of City property and will be treated as such.

6. Poor performance or other failure to perform job assignments satisfactorily and

efficiently. 7. Working overtime without authorization. 8. Stopping work early or leaving a work area without approval or refusing to perform

a work assignment. 9. Insubordination or disrespectful communications to or in presence of a supervisor. 10. Entering or using City property without permission. 11. Failure to comply with the City's safety rules, to report unsafe actions or conditions,

or to report any workplace injury to a supervisor. 12. Damage, theft or misappropriation of property of citizens, employees, or the City;

unauthorized removal of any of the above, including items found on the premises. 13. Unauthorized possession of firearms, explosives, or any other dangerous

instrumentalities on City premises or while performing City duties. 14. Supplying false or misleading information or withholding requested information

when applying for employment, promotions, raises, or benefits.

15. Reporting to work under the influence of intoxicant or illegal drugs; or drinking alcoholic beverages, using illegal drugs, or possessing either while on City time or premises.

16. Any other violation of the City's Substance Abuse policy. 17. Any violation of the City's Harassment policy.

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18. Provoking or engaging in horseplay or fighting during working hours or on City property.

19. Excessive tardiness or absences. 20. Unauthorized absence from work. 21. Unauthorized publication or use of confidential information concerning the City,

City employees, or the public. 22. Violation of the City's Solicitation and Distribution policy. 23. Conduct which impedes the ability of the employee to effectively perform his duties,

impedes the ability of other employees to effectively perform their duties, or which has a negative impact on the reputation of the City or its image in the community.

24. Other conduct which, in the sole judgment of management, calls for disciplinary

measures, up to and including discharge. If the City determines that a violation of these guidelines or engaging in other misconduct or poor performance does not merit immediate termination under the particular circumstances, the City may provide the employee with written or verbal notice that the conduct or performance in question is below the standard expected and an opportunity to improve. Whether to terminate the employee or to provide notice of the infraction and an opportunity to improve remains in the City's sole discretion. Although the discipline often depends on an employee's work history and the nature of the infraction, The City retains the discretion to terminate an employee immediately for any or no reason, with or without notice.

HARASSMENT

Harassment Prohibited The City of Anderson is committed to the premise that all employees have a right to work in an environment free from all forms of discrimination and harassment. It is the policy of the City of Anderson to eliminate all forms of illegal harassment. Discrimination in the form of conduct that is insulting, demeaning, or disrespectful because of another's race, color, religion, sex, national origin, age (40+), disability, veteran's status, or other protected characteristic is unacceptable at the City. Such conduct is considered workplace harassment when it:

• Has the purpose or effect of creating an intimidating, hostile or offensive working environment;

• Has the purpose or effect of unreasonably interfering with an individual’s work performance; or

• Otherwise adversely affects an individual’s employment opportunities.

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This prohibition against harassment applies equally to co-workers, supervisory personnel, and third parties. Sexual Harassment One form of harassment is sexual harassment Sexual harassment includes, but is not limited to, unwelcome sexual advances, requests for sexual favors and other verbal, physical or visual behavior or conduct that is either (1) sexual in nature or (2) directed at a person's gender where:

• Submission to the behavior may be perceived to be a term or condition of employment; • Submission to or rejection of the behavior is used as the basis for making employment

decisions such as promotions, transfers, annual evaluations, etc.; or • Such behavior creates an intimidating, hostile, or offensive working environment or

interferes with an individual's work performance.

Examples of sexual harassment include, but are not limited to, the following:

• Innuendoes, jokes, comments, slurs, invitations, or graphic commentary about an individual's body which are either sexual in nature or directed at a person's gender;

• Sexually suggestive or obscene objects, pictures, cartoons, posters, clothing, notes, letters, emails, or electronic media;

• Sexual gestures, leering, touching, assaulting, or impeding or blocking movements.

Reporting and Investigating Harassment Conduct described above will not be tolerated at the City of Anderson. It is the obligation of all employees to report harassment, even if the employee is not the target of or affected by the conduct. In order to effectuate this policy, the City has adopted the following procedures: A. Employee complaints or reports of harassment may be made to the Personnel Administrator,

the employee's immediate supervisor, his department head, his division head, any other division head, or the City Manager. All such complaints shall receive the immediate attention of the City official receiving them. If, for some reason, the employee registering a report or complaint of harassment does not believe the report or complaint is receiving appropriate attention, the employee should report the matter to another individual listed above. The registering of a good faith complaint will in no way be used against the employee, nor will it have an adverse impact on an individual's employment status.

B. Any City manager or supervisor receiving a complaint of illegal harassment will arrange for

an appropriate City representative to interview the complainant and investigate the complaint fully.

C. If the investigation reveals that the report or complaint is valid, the City will take such

disciplinary or personnel actions as are appropriate to immediately stop such harassment, prevent its recurrence, and remedy any consequences of the harassment. Regardless of

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whether harassment qualifies as a violation of law, discipline may result under this policy. Any employee found to have engaged in harassment will be subject to discipline, up to and including termination.

D. Due to the sensitive nature of reports or complaints of harassment, they shall be investigated

with particular care and shall remain, to the extent possible, confidential. No information concerning a complaint of harassment will be released by the City to third parties or to anyone employed by the City not involved with the investigation. This prohibition specifically includes members of an affected employee's family, the news media, or a prospective employer seeking a reference. The purpose of this provision is to protect the confidentiality of the complainant or affected employee, to encourage the reporting of incidents of harassment, and to protect the reputation of any employee wrongfully charged with harassment.

Retaliation Prohibited The City strictly prohibits retaliation against any person who has, in good faith, opposed harassment, has filed a complaint of harassment or has testified, assisted or participated in any proceeding involving a complaint of harassment.

Any employee who experiences or observes prohibited retaliatory conduct should immediately report the conduct in the manner described above. Any employee found to have committed such retaliation will be subject to discipline, up to and including termination. Anyone who knowingly makes a false claim or knowingly provides false information in the course of an investigation will be subject to disciplinary action, up to and including termination.

SUBSTANCE ABUSE A. Statement of Policy The present and future success of the City of Anderson depends on the professionalism of its

employees and the quality of the services which they provide. Recognizing that alcohol and drug abuse among its employees represents a threat to the City's continued success, and to the well-being of employees and their families, it is the policy of the City to prohibit the manufacture, distribution, dispensation, possession or use of alcohol, drugs, drug paraphernalia, or other mind-altering substances both while working and at times when such activities may affect an employee's work-related activities. Employees also are prohibited from reporting to work or being at work in possession of or while having detectable levels of any intoxicating or mind-altering substance.

B. Exceptions The only exceptions to this policy are for: (1) prescription drugs that are prescribed by a

physician for the person possessing the drugs; and (2) over-the-counter medications. In both

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instances, however, the medications must be kept in their original containers and taken as directed.

Any employee who is taking such drugs or medications should consult his doctor to

determine whether the drug may have an adverse effect on his performance, or constitute a threat to the safety of employees or others. The use of such medications while operating City vehicles or equipment issued by the City of Anderson, carrying weapons, or engaging in higher risk employment activities, in particular, may present especially serious safety risks or seriously impair performance. Any employee who learns of information that such medications may impair performance or pose a safety risk should report the situation to the immediate attention of his or her supervisor so that steps can be taken to assure the safety of the employee and others. The supervisor will attempt to determine whether potential alternative duties or assignments exist which may mitigate or eliminate potential risks. The sick leave policy may apply in instances in which no such determination can be made or no such alternative assignment is deemed available by the City.

The City also may ask a licensed medical practitioner to determine whether an employee's

use of such drugs or medications may impair performance or pose a safety risk. The opinion of the City's medical practitioner would be conclusive.

C. Drug and Alcohol-Free Awareness Program To confront the threat that alcohol and drugs pose to the workplace and community, the City

has initiated a Drug and Alcohol-Free Awareness Program. As part of this program, the City may, from time to time, distribute literature and post notices to inform employees about (1) the dangers of alcohol and drug abuse in the workplace, (2) the City's commitment to maintaining a drug and alcohol-free workplace, (3) the availability of various drug and alcohol counseling and rehabilitation programs, (4) the City's employee assistance program ("EAP"), and (5) sanctions that may be imposed upon employees for substance abuse policy violations.

D. Employee Assistance Program Participation in a rehabilitative program or EAP does not protect employees from

disciplinary action for alcohol or drug abuse that violates this policy, or for poor performance or policy violations. In addition, nothing in this policy restricts the right of the City to require that an employee seek treatment through the EAP as a condition of continued employment.

Co-workers often are in a position to notice a change in an employee's behavior or attitude

before the employee's job performance becomes badly impaired. Therefore, we encourage all employees to take responsibility for promoting an alcohol and drug-free workplace and to urge their co-workers, whom they suspect of having an alcohol or drug problem, to seek help through the EAP or some outside source. Often, if personal problems can be spotted

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and addressed in the early stages, serious job performance problems and consequent disciplinary measures can be avoided.

E. Substance Detection Program To promote a drug-free work environment, the City has initiated a Substance Detection

Program involving substance screening of employees and applicants as outlined below: 1. Current Employees: Employees are tested when the City has a particularized

suspicion that the employee is, or has been, using, manufacturing, distributing, dispensing, possessing and/or being influenced by alcohol, drugs, or other mind-altering substances in violation of this policy.

2. Job Applicants: Job applicants are tested after the City has made a conditional offer

of employment to the job applicant. On the rare occasion when circumstances require that the applicant begin work before being tested, the applicant is tested as soon as practicable. In the event of a positive result, a job applicant who begins work before the results of the test are received is considered to be in violation of the policy as it applies to job applicants.

All job applicants and current employees will be required to sign an acknowledgment of

consent to follow this policy, agreeing to abide by the policy and to submit to alcohol and drug screens and inspections as a condition of employment. All applicants for regular employment must consent to, and successfully pass, a drug screening test after a conditional offer of employment has been extended to them. Applicants for part-time and temporary employment also must submit to such testing. An employee who refuses to sign the agreement or submit to a drug or alcohol screen when requested may be subject to discipline up to and including discharge. An applicant who refuses to sign or submit to a drug or alcohol screen is not be eligible for hire and the conditional offer of employment will be considered withdrawn.

F. Testing Of City Employees Any employee may be requested to submit appropriate specimens (urine, blood or other) for

testing if City management determines that circumstances warrant such testing. The following are non-exclusive examples of circumstances which, in the judgment of management, may warrant a decision to have an employee tested for the use of drugs or alcohol:

1. Involvement in an accident, including one which results in injury to the employee or

to a fellow employee, or one which causes property damage. 2. Involvement in a safety-threatening incident or situation that could have caused

injury or property damage.

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3. Any other incident or circumstance in which a security interest or property of the City or any resident or visitor of the City is threatened or is at stake.

4. Incoherent, disoriented, erratic or violent behavior by the employee which could be

explained by the influence of drugs or alcohol. 5. Arrest of the employee for violating any state or federal law which prohibits the

possession, use, or sale of drugs. 6. Other circumstances which give City management reason to suspect that the

employee: a. Has detectable levels of drugs or alcohol while working on City premises; b. Has sold or transferred any drug at work; or c. Has possessed any drug, drug paraphernalia, or alcohol at work without

proper authorization. There may be other circumstances which would warrant testing for substances. G. General Testing Procedures At the time of testing, employees and applicants must sign an appropriate consent and

release form. Employees who have submitted to testing pursuant to this policy may be denied access to

non-public City premises, including employee work areas, until their test results are known to be negative.

When an employee has agreed to testing, but is unable to provide a specimen at the

appropriate time in the testing procedure and is unwilling to remain in the testing facility until a specimen is obtained, he may be subject to discipline, up to and including termination. If an applicant is unable to provide a specimen and is unwilling to remain, the applicant will not be eligible for hire and the conditional offer of employment will be considered withdrawn.

The City will select a testing laboratory of its choice, and establish a testing procedure to be

used for substance detection testing. Screening will be conducted in accordance with approved technological and scientific methods and based on a sample obtained from the employee or applicant. If the initial analysis results in a positive finding (i.e., detection of a prohibited substance), a confirming test will be conducted. If the confirming test results also are positive, the employee may be subject to discipline, up to and including termination. If the applicant's confirming test is positive, the applicant will not be eligible for hire and the conditional offer of employment will be considered withdrawn.

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H. Sanctions Employees in violation of the Substance Abuse provisions of the Handbook may be subject

to discipline, up to and including termination. Employees who refuse to submit to testing or searches, sign the required consent and release forms, or cooperate in testing are considered to be in violation of this policy. Job applicants who violate this policy, refuse to submit to testing, or sign the required forms or cooperate in testing are not eligible for hire; any conditional offers of employment are considered withdrawn and any job applicant who begins provisional employment before test results are received will be terminated immediately.

Where the City deems it appropriate, a City employee may be suspended without pay

pending a determination by the City as to whether the employee has violated the policy or the appropriate sanction for any such violation. Nothing in this policy limits the discretion of the City to impose a sanction that is less severe than termination. Any determination that a sanction less severe than discharge is appropriate is neither a waiver of nor prejudice to the right of the City to impose discipline up to and including discharge for any other violation of this policy.

I. Confidentiality The results and the records of tests are confidential and will be shared or discussed only with

persons who, in the opinion of City officials, have a legitimate need to know the test results. J. Relationship to Other Policies The terms of this policy are in addition to and do not replace other existing policies related

to employee misconduct, discipline or discipline review. Moreover, nothing in this policy restricts the City's right to otherwise investigate potential drug and alcohol possession or use, including its right to search employees and/or their work areas and possessions as appropriate. This policy, therefore, will be applied in conjunction with those policies.

REASONABLE SEARCHES

Under certain circumstances in which the City believes an employee is in possession of drugs or alcohol, other contraband, paraphernalia or other inappropriate items, the City may deem it necessary to conduct reasonable searches of the City premises, as well as employees and others on City property, including their personal effects and vehicles. By acceptance of continued employment, an employee consents to the search of any and all personal effects, vehicles, or property brought onto or stored on City property. Refusal to submit to a search may result in removal from City premises and may lead to disciplinary action, up to and including termination.

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SOLICITATION AND DISTRIBUTION Solicitation and distribution by non-employees on property of the City is prohibited. Solicitation by employees is prohibited when the person soliciting or the person being solicited is on working time. Working time is the time employees are expected to be working and does not include meal or other authorized breaks. Distribution by employees on the City's property in working areas is prohibited. Distribution by employees on the City's property in nonworking areas during working time, as defined above, is prohibited.

E-MAIL AND INTERNET USAGE AND NOTICE OF MONITORING A. Basis of Policy. The City of Anderson recognizes that use of the Internet and e-mail is becoming more of an acceptable and necessary way of doing business. Consequently, the City has made a substantial investment to provide e-mail and Internet access to those employees for whom the City believes such tools would be of value in their City work. Nevertheless, the Internet and e-mail bring with them certain problems which must be recognized and guarded against. While they provide employees direct links to the outside world, they also provide the outside world direct links into the City. Also, abuse of Internet and e-mail can cause inefficiency and the loss of productivity. Finally, Internet and e-mail can be subject to wrongful uses, such as sending or receiving inappropriate material, inappropriate substitutes for personal contact with a customer or client, or sending or receiving confidential information to unverified recipients. B. General Policies.

1. Business usage. The City has purchased hardware and software to allow selected personnel to access the Internet and e-mail. Access and use of the Internet or e-mail using City machines or servers is intended as a tool for conducting City business. Employees should refrain from accessing or using the City-provided Internet access and e-mail accounts for personal usage, where doing so interferes with work responsibilities or City business. A useful standard to determine what communications are appropriate and what interferes with the business of the City is the standard applicable for years for usage by employees of City provided telephones.

2. Appropriate messages and web pages only. Use of e-mail or the Internet to

access, send, receive, view, copy, print, or exchange inappropriate material of any kind is expressly forbidden. Inappropriate material includes, but is not limited to,

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obscene or pornographic material of any kind, any material that is derogatory toward any individual or class of individuals, or any other material that may be considered offensive to a reasonable person. Employees also should refrain from running "streaming" video and audio broadcasts over the Internet. Such use consumes an excessive amount of transmission line capacity.

3. Housekeeping. E-mail boxes should be kept clean of old and unnecessary e-mail.

Failure to delete old e-mails takes up space on the City server and slows it down.

4. Compliance with all other City policies. Use of the Internet and/or e-mails should comply with all other City policies, including, but not limited to, the City's harassment policy, EEO policy, anti-solicitation and distribution policy, and disciplinary policies. Misuse of the Internet or e-mail in violation of these or other policies will be treated as a violation of those policies as well as this policy.

5. Unknown websites or senders. Employees with access to the Internet or e-mail

should refrain from opening unknown websites or e-mails from strangers. If you receive an e-mail from an unknown source, contact the IS Administrator before opening, especially if the e-mail has an attachment.

6. Passwords. Employees with access to the Internet or e-mail maintain a password

to access to the system or server. Employees should never provide their password to anyone other than the IS Administrator.

7. Confidential information. Employees should not use e-mail or the Internet to

send or receive confidential or private information. Employees should be aware that any e-mail or Internet system could be monitored by outside third parties, and employees should guard against making confidential information potentially available to these parties.

8. Monitoring and inspection. E-mail and Internet usage are subject to monitoring

and inspection by representatives of the City. All computer hardware, software, settings, information, and e-mail accounts provided by the City to employees are the property of the City. The City has the right and capability to access all employee computers and any employee e-mail accounts or Internet files. Therefore, employees should not have any expectation of personal privacy for information or items created, received, or sent through the computer system (including e-mails and Internet information) or in files or data residing on their computers, disks, or the computer system.

City e-mail and Internet systems are intended for the sole purpose of supporting our operational needs. E-mail and Internet should be used for business-related purposes, thus avoiding a compromising situation for any employee.

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The City reserves the right to regulate the Internet and City electronic mail systems to assure that the systems are being used for appropriate City business purposes. The City reserves the right to install software designed to flag e-mails containing particular words, phrases, files, etc.; review an employee's e-mail account upon suspicion of abuse or misuse (misuse includes excessive personal use); review all e-mails upon termination of employment or at any other time during employment; and monitor all Internet traffic.

9. Damage or injury from unauthorized use. The City is not responsible for any

damage, injury, claims or other harm caused by an employee’s unauthorized use of City computer equipment, software, Internet or email. If an employee’s unauthorized use of City computer equipment, software, Internet or email causes any such harm to others, the employee will be solely responsible for the consequences of such usage, including any claims. If the City is liable for any claims arising from such unauthorized usage by virtue of the employee’s employment status, the City will look to the employee to reimburse it for costs or losses associated with such claims.

C. Specific E-mail Policies.

1. Mass or unwelcome e-mail/"spam." No employee should send or forward mass e-mailings or e-mails to persons who would not expect e-mail communications from that employee. E-mails should be sent only to persons who will have a need for the information in the emails or who would welcome communications from the employee.

2. E-mails sent by employees are not private. Employees have no control over what

the recipients will do with e-mails they send. Also, e-mails are generally archived on both the employee’s machine and the recipient's machine, even when they are deleted from “in-boxes” or “sent-boxes,” or even when they have been deleted from “delete boxes.”

3. Employees should read and re-read every e-mail and consider it carefully before

sending. E-mails are often sent spontaneously, with little thought of how they appear to the recipient. Do not attempt to send e-mails containing sarcasm, complicated information, or messages that may require tact to avoid harming someone's feelings. E-mails are often misinterpreted. Remember also that e-mails are not a substitute for in-person communications.

4. Grammar, spelling, and content. Do not send e-mails until they have been read

and proofed the message for grammar, spelling, and content.

5. Contact the IS Administrator. Any problems with any of the following should be reported to the IS system administrator: (1) receiving junk e-mail; (2) receiving e-mail addressed erroneously to the employee; (3) not sending or receiving; (3)

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losing e-mail folders with needed documents or files; (4) experiencing e-mail problems that cannot be solved independently.

D. Specific Internet Policies.

1. City authorized programs. Only City authorized programs and software are permitted on the City's computers, terminals and server. No games of any kind will be permitted on or played using the City's computers.

2. Changes to computer software. No one other than the system administrator or

technical computer support representative is authorized to make changes to or program the City's computer software, hardware, or the server. Problems with hardware or software which cannot be diagnosed or resolved should be reported to the system administrator.

3. Business purposes. The availability of Internet on City machines is intended for

business purposes.

4. Awareness. Employees should always be aware of where they are on the Internet. It is easily to hit the wrong key on a web page and inadvertently end up at a site that is inappropriate or offensive. Once a user has visited a site of this nature, the user’s machine may be open to receive unsolicited messages or advertisements from the owners of that site or related sites.

5. Internet security. Security is an ongoing issue with the Internet. It can cause the

City unwanted exposure and liability if not utilized properly. Employees should carefully read security prompts as they come up while using the Internet and stay away from unsecured sites.

6. Privacy on the Internet. It is important to realize that there is no such thing as

privacy on the Internet. There are computer professionals who can hack into even the most secure sites on the Internet and view other people's information. As a rule of thumb, do not store or send any confidential information via the Internet.

E. Violations of Policy.

Violations of the aforementioned policies may result in disciplinary actions, which can include removal of e-mail or Internet privileges, or other discipline up to and including termination.

F. Software and Hardware Limitations

The software and hardware used for accessing e-mail or the Internet are the property of the City and should be used primarily for City business purposes. The City reserves the right to provide or remove e-mail or Internet access from anyone's machine or from the

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City in its entirety. Furthermore, the City reserves the right to select service providers, and modify the software or limit access to certain times or content. All decisions concerning e-mail and the Internet on City machines or utilizing City servers are made by the City in its sole discretion.

MOBILE COMMUNICATION DEVICE USAGE

A. PURPOSE The City of Anderson views mobile communication devices, such as cell phones and Blackberries ("Mobile Devices"), as effective tools to conduct City business where there is a need for on-going and frequent communication. The purpose of this policy is to provide information to employees on the use of Mobile Devices issued by the City of Anderson and to ensure such equipment is used in an efficient and professional manner. The issuance and use of Mobile Devices for official City business is in accordance with policies and procedures set forth in this policy. B. ELIGIBILITY AND ACQUISITION A City-issued Mobile Device is not an employee benefit for City employees, but is a necessary tool in service delivery and for official City business. The determination of whether to assign a Mobile Device and what kind is in the discretion of the Division Head based on factors such as an employee's need for immediate two-way communication with the employee's office, other City departments, outside organizations, and members of the public. Such assignments must be fully justified and approved by the Division Head prior to the assignment of a Mobile Device to an employee. The Division Head will then contact the Information Technology Division to finalize the order. Blackberries must be pre-approved by the City Manager and the IT Division. C. PROCEDURES All City-assigned Mobile Devices will be acquired through the IT Division. The monthly operational costs associated with Mobile Devices come from the budget of the Division to which the employee is assigned. Mobile Device expenditures will be charged to each department's communication budget line item unless otherwise directed by the city's Finance Director. Prior to the issuance of a Mobile Device, the Division Head will verify that sufficient funds are budgeted for that particular equipment. The Division Head shall be responsible for disseminating this policy and procedures within his/her respective division. D. GUIDELINES FOR USE OF CITY-ISSUED MOBILE DEVICES

1. Cellular transmissions are not private: Employees should understand that any conversations may be overheard and any text messages may be intercepted.

2. Cellular transmissions are not secure: employees should use discretion and practice reasonable caution in relaying confidential information.

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3. Mobile Device records are not private: information related to Mobile Device

usage may be subject to public disclosure. 4. Reasonable precautions should be made to prevent theft and vandalism of Mobile

Devices. 5. Employees are responsible for the loss of Mobile Devices or damage through

carelessness. An employee will be required to pay replacement for any lost Mobile Device and repair cost for any damage to a Mobile Device caused by the employee's carelessness.

6. An employee must surrender the assigned Mobile Device upon request by the

employee's supervisor or Division Head.

7. The City reserves the right to review, audit, and inspect city-issued Mobile Device records at any time, with or without notice.

E. CITY CALLING PLANS

All employees with City-issued cell phones, with certain exceptions such as Division Heads, the City Manager, and Assistant City Manager, will be limited to 400 minutes per month. Likewise, employees with City-issued cell phones will be limited to [INSERT NUMBER] text messages per month, with the same exceptions.

The City of Anderson calling plan currently is with AT&T. The current AT&T plan has the following features:

• Free night and weekend minutes. Free nightly minutes begin at 9:00 p.m. and end at 6:00 a.m.

• Free calls to other AT&T cellular phones (mobile to mobile). • Nationwide long distance calling.

The City's calling plan is a "pooled minutes" program, so employees are expected to conserve minutes as much as possible. In order to better utilize and conserve the pool of cellular phone minutes, these guidelines should be followed:

• Whenever possible, employees should use office phones to call land lines or non-City phones.

• When calling another City cell phone, it is better to use a cell phone to take advantage of free mobile to mobile minutes.

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F. PERSONAL USE OF CITY-ISSUED MOBILE DEVICES Any City-owned Mobile Device is a public resource. Such equipment is for business use. City cell phones may be used for personal telephone calls or text messages, but only on a limited basis and as determined by the respective Division Head. The City recognizes that unforeseen circumstances develop in which an employee may need to make or receive personal calls or text messages on a City-issued cell phone. Each employee is responsible for knowing the minutes of phone usage and the number of text messages permitted to them under the plan (in most cases, 400 minutes of calls and 100 text messages which include both incoming and outgoing text messages.) Pictures or photographs should never be attached to a text message unless they are work-related as these attachments incur an additional charge.

The employee will timely reimburse the city for any personal minutes that cause the total number of minutes to exceed the employee's plan. If usage for City business exceeds the minutes in the plan, the employee will be responsible for all minutes of personal use. The plan overage rate for City cell phones is .25 per minute. The free night, weekend and mobile to mobile minutes will not be deducted from each employee's monthly minimums.

Likewise, employees will be responsible for all text messages that cause the total text messages to exceed the plan.

G. SAFE USAGE OF MOBILE DEVICE

Employees using Mobile Devices while driving on City business are expected to comply with all applicable laws. The use of Mobile Devices in a manner that impairs the ability of the employee to operate the vehicle safely is prohibited. Mobile Devices should not be used by the operator of the vehicle while the vehicle is in motion. An employee finding it necessary to use a cell phone should pull the vehicle over to a parking area or other safe location before using the cell phone to make a phone call. An employee needing to use a Blackberry or to send a text message by cell phone is expected to pull over in all instances. Texting while operating a City vehicle or while using a personal vehicle on City business is strictly prohibited.

Drivers who have cellular telephones in their vehicles are encouraged to have "hands-free" equipment, but are reminded that using cellular telephones when driving, even with such equipment, can be distracting.

H. MISUSE OF MOBILE DEVICES

Employees are expected to use good judgment when using City-issued Mobile Devices. In addition to the practices described above, improper usage also includes, but is not limited to, the following:

1. Use of City-issued Mobile Devices to engage in any activity or communication other than official City business or personal communication on a limited basis;

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2. Internet usage on a cell phone;

3. Excessive use of a City-issued Mobile Device for personal communication; 4. Use of City-issued Mobile Devices for illegal activity;

5. Failure to provide reimbursement to the City within ten (10) business days of receipt of billing statement, unless warranted by extenuating circumstances;

6. Use of a City-issued Mobile Devices in a manner which creates an unsafe condition; and

7. Any use which violates local, state, and/or federal law or city policies and procedures.

Violation of these or other aspects of this policy will subject the employee to removal of authority to use a City Mobile Device and disciplinary action up to and including discharge.

I. ADMINISTRATION

Each Division Head shall be responsible for the administration of this policy for all departments within such Division.

BULLETIN BOARDS The City shall provide bulletin boards in locations convenient for its employees for the purpose of making employees aware of information related to their employment. Authorization for employees to use City bulletin boards must be obtained in advance from the Division Head. All persons who post notices, letters, and the like on City bulletin boards without obtaining advance authorization may be subject to disciplinary action. It is the responsibility of each employee to check these boards for information that will be of concern to his employment.

PERSONNEL RECORD CHANGES

Each employee should report to the Personnel Department any changes in the employee's address, telephone number, dependents, or other information necessary to contact employees, or to administer benefits. Any change should be reported by the employee no later than one week after the change occurs.

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POLITICAL ACTIVITIES

Because the City of Anderson is the recipient of federal funds, employees are subject to the provisions of the federal Hatch Act, as amended, which regulates employee participation in political activities. A. Permitted Political Activities. Employees may: 1. Register to vote. 2. Express political opinions. 3. Engage in civic or nonpartisan activities. 4. Participate in partisan political organizations. 5. Participate in aspects of political campaigns, except running for office (discussed

below). 6. Participate in elections, except running for office (discussed below). 7. Run for public office, unless the employee's wages are funded, in whole or in part,

by federal funds. If the employee's wages are funded, in whole or in part, by federal funds, the employee may be able to run for non-partisan public office but cannot run for partisan public office. Because each employee's individual situation will have its own unique facts, employees interested in running for public office are strongly advised to consult their own legal counsel before doing so.

8. Contribute to candidates, political parties, and special interest groups. 9. Attend fund raising functions, give speeches at fundraisers and organize fundraisers. B. Prohibited Political Activities 1. Employees may not run for partisan political office, if the employee’s wages are

funded, in whole or in part, by federal funds. 2. Employees may not participate in political activities while on duty, in uniform, in

any room or building occupied in the discharge of official City duties or while using a City vehicle.

3. Employees may not use their official authority or influence for the purpose of

interfering with or affecting the results of an election.

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4. Employees may not personally solicit, accept or receive political contributions; however, they may attend fund raising functions, give speeches at fundraisers and organize fundraisers.

5. Employees may not solicit or discourage the participation in any political activity of

any person who has business before the City. 6. Employees may not participate in a fundraising function or organization by making

personal appearances for or soliciting contributions. 7. Employees are prohibited from being personally identified with the solicitation of

political contributions from subordinates, the general public and businesses.

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PROMOTIONS AND TRANSFERS The City encourages employees to apply for promotion and looks to the employee to supply the information necessary to evaluate promotion requests. It is the responsibility of all employees to: A. Inform the City of information about education, courses, training, or seminars taken or

certifications received that should be included in the employee's personnel file; and B. Notify the City of their intent to apply for a posted vacancy.

The City cannot take into account information about an employee's education, training, experience, certifications or other qualifications unless such information is in the employee's personnel file. Likewise, the City normally does not consider an employee for promotion unless the employee applies for the promotion in writing. An employee may request a transfer, but the City may choose not to honor the request. The City reserves the right to transfer an employee when necessary or desirable. Transfers are based on organizational needs and employee qualifications.

VACATION LEAVE A. Eligibility A full-time employee who works a minimum of thirty-five hours per week accrues vacation

leave based on years of continuous service with the City. A part-time employee who regularly works at least 20 hours per week accrues vacation

leave on a pro-rata basis, based on his scheduled hours worked and on years of continuous service with the City.

A new employee will be eligible to accrue vacation leave beginning in the month in which

he has been employed at least fifteen days, but will not be permitted to take vacation leave until he has completed six (6) months of service.

Temporary and seasonal employees are not eligible for vacation leave. B. Rate of Vacation Days Earnings and Maximum Accumulation An eligible employee shall earn vacation days based upon his date of hire and continuous

service. If a new employee is hired by the fifteenth of the month, and is in pay status for the remainder of the month, he earns a vacation day at the end of that month. This day will be deposited into his accrual account, along with future earned days, until he is eligible for vacation leave.

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Any employee must be in pay status for at least fifteen days of the month in order to receive the accrual for that month. All accruals are awarded at the end of the month and are not accessible in advance unless approved in writing by the department head.

Thereafter, vacation leave is earned and accumulated as follows: Period of Day(s) Days Earned Max Continuous Service Per Month Per Year Accumulation 1 month to 12 months ½ 6 6 1 year to 5 years 1 12 15 5 years to 10 years 1 1/4 15 20 10 years to 20 years 1 1/2 18 25 Over 20 years 1 3/4 21 30 Vacation leave is not accrued by any employee who is on leave without pay, suspension, or

lay-off. Employees who have more vacation leave accrued than is allowable as of December 31st of

each year shall lose the excess days over the maximum accumulation amount, unless waived in writing by the City Manager.

C. Scheduling Vacation Vacation time is taken at the convenience of the City. It may be taken at any time during the

year, in accordance with departmental restrictions, and with prior approval of the department head. Other than for non-voluntary leaves such as paid leave during an FMLA leave, an employee may not take more than twenty consecutive days of vacation leave without the recommendation of the department head and approval of the City Manager.

D. Charging Accrued Vacation Days

On certain occasions, employees are charged with use of accrued vacation days. Examples of some of these instances, described elsewhere in the Handbook, include when the employee is on medical leave (FMLA), family leave (FMLA), and workers’ compensation Temporary Total Disability Leave. For absences resulting in these types of leave, any such employee who has exhausted all paid sick leave is charged with a full day of accrued vacation leave for every day they are out on a medical leave (FMLA), family leave (FMLA), or workers’ compensation Temporary Total Disability Leave, until such vacation leave accruals are exhausted.

E. Vacation Pay upon Separation Lump sum payment for accrued vacation days, not to exceed the maximum accumulation of

vacation days, normally will be paid to an employee who separates from employment in

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good standing. Up to ten (10) days of accrued vacation leave may be withheld if the employee is involuntarily terminated, if the employee resigns without providing appropriate written notice, or in other circumstances determined by the City in its sole discretion.

An employee who is terminated with or without notice before the end of his evaluation

period (including extensions) does not receive pay for accrued vacation leave. A separating employee may not elect to extend the effective date of employment

termination by taking extended vacation leave in lieu of a lump sum payment for accrued vacation leave. Payment of accrued vacation upon termination shall not be deemed to extend the employee's period of recognized service with the City. A separating employee who receives pay for accrued vacation leave will not receive further benefits for the period represented by such accrued vacation, such as vacation and sick accruals or holiday pay, and will be responsible for the payment of his insurance premiums following termination.

In the event of the death of an eligible employee with accrued vacation leave (subject to the

maximum accumulation provisions), a lump sum payment for such leave will be paid to the employee's beneficiary or to his estate.

PAID SICK LEAVE

A. Eligibility Regular full-time employees who work a minimum of thirty-five hours per week and who

have at least six (6) months of service are eligible for certain sick leave with pay. A new regular full-time employee will be eligible to accrue paid sick leave beginning in the month in which he has been employed at least fifteen days, but will not be permitted to take paid sick leave until he has completed six (6) months of service.

Regular part-time employees who regularly work at least 20 hours per week and who have

at least six (6) months of service are eligible for sick leave with pay, accrued in proportion to their scheduled hours worked.

Temporary and seasonal employees are not eligible for paid sick leave, but may be excused

for sick leave absences without pay upon the written approval of the department head. B. Rate of Earnings and Maximum Accumulation Sick leave with pay for eligible full-time employees with less than one (1) year of service

shall accrue at the rate of one half (1/2) day per month. Sick leave with pay shall accrue for eligible full-time employees with at least one year of service at the rate of one (1) day per month, regardless of years of service. Eligible regular part-time employees shall accrue sick leave with pay in the same manner as eligible full-time employees, in proportion to their scheduled hours worked each month.

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If a new employee is hired before the fifteenth of the month, he is eligible to receive an accrual of sick leave for that month at the end of the month. An eligible employee must be in pay status for at least one-half of the month in order to receive the accrual for that month. All accruals are awarded at the end of the month and are not accessible in advance unless approved in writing by the department head.

During the year, an eligible employee is entitled to take the number of sick days carried over

from the previous year plus the number of sick days accumulated to date during the current year. No employee may carry over to a new year more than a maximum of one hundred twenty (120) days of paid sick leave. Sick days which exceed the maximum accumulated amount and not used before the end of the year are directed to and accumulate in the Sick Leave Sharing Bank and are available for usage by City Employees pursuant to the Sick Leave Sharing Policy.

C. Sick Leave with Pay Sick leave with pay may be taken by an eligible employee for personal illness or the illness

of a member of the employee's immediate family. For purposes of this policy, immediate family is defined to include parents (by blood relation or adoption), spouse and children. An employee taking such leave may be asked by the department head for a written statement from a qualified physician, stating that the physician is providing treatment for the employee and/or his immediate family members.

Notification of the reason for an absence that has not been previously approved must be

submitted no later than two hours after the beginning of the scheduled work day, or as required by the departmental rules and regulations.

An employee utilizing approved paid sick leave for any acceptable reason, and requiring his

absence for a part of the day, is charged proportionately with sick leave in the amount not smaller than one-fourth of a day (two hours).

In the event all paid sick leave is exhausted, an employee may elect to use accrued vacation

leave, upon the approval of the department head. If an absence for sick leave extends beyond five consecutive work days, it is the

responsibility of the employee to contact his supervisor to keep the City informed as to the employee's condition and anticipated date of return.

D. Holiday during Sick Leave If a holiday should occur during an employee absence during a paid sick leave, the

employee is paid for the holiday and a sick leave day will not be deducted from his accruals.

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If a holiday occurs during an illness or injury when the employee is not in pay status (i.e., on unpaid medical leave) either the day before or the day after the holiday, no holiday pay will be granted.

E. Workers' Compensation Disability Leave and Pay Up to and Including 7 Days Employees who are out of work for an approved workers' compensation leave will be paid

any available, accrued sick and/or vacation leave time for the first seven days of their absence. If the employee’s total absence is for more than 14 days, and workers' compensation disability benefits are paid to the employee by the workers’ compensation insurance carrier for some or all of the first seven days of the absence (for which the employee has already received sick leave or vacation pay), the employee must turn over to the City the workers' compensation disability benefits check or other payment, or the employee’s sick leave and/or vacation benefits will not be re-credited.

Day 8 and Later For each day from day 8 through the conclusion of the approved workers' compensation

leave, the City will pay the employee the difference between the employee's normal base pay and the workers' compensation disability benefits, provided the employee has available, accrued sick leave or vacation. When the employee has used all available, accrued sick leave or vacation, he/she will be paid only the workers' compensation disability benefits from the workers' compensation insurance carrier.

Sick Leave and Vacation Pay Benefits For each day of approved workers' compensation leave, the employee will be charged one

full day of available, accrued sick leave or vacation. F. Charging Accrued Paid Sick Days

On certain occasions, in the discretion of the City, employees are charged with use of accrued paid sick days. Examples of some of these instances, described elsewhere in the Handbook, include when the employee is on medical leave (FMLA), family leave (FMLA), and, as described above, workers compensation Temporary Total Disability Leave.

G. Accrued Sick Leave Entitlement upon Retirement

1. Eligibility and Amount of Benefit A regular, full-time employee who has served at least fifteen consecutive years as an

employee with the City and either: a. retires and will be participating in a City or State retirement plan; or

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b. separates from the City on some basis other than involuntary termination for violation of the City’s Disciplinary Rules,

shall be entitled to the cash value of his own personal accrued sick leave at the time of termination or retirement, to be distributed as set forth below. No part of this payment will consist of leave from the City’s Sick Leave Sharing Bank.

2. Valuation

The dollar value of the benefit for an eligible employee shall be calculated by multiplying the eligible employee’s number of days of the employee’s own accrued sick leave (and not any portion of leave which may have been granted under the City’s Sick Leave Sharing policy) by the eligible employee’s regularly hourly wage rate at the time of termination, retirement, or death and multiplying that number by the applicable number of hours in a standard work day (12 hours per day for eligible firefighters or 8 hours per day for all other eligible employees).

3. Form of Distribution

For employees who terminate employment on or after August 1, 2009, an eligible former employee shall receive a cash equivalency for unused sick leave credit. This payment shall be made in monthly installments of one thousand ($1,000) dollars until a former employee’s cash equivalency is exhausted. The cost of the monthly installment shall be deducted each month from the remaining balance of the dollar value the former employee has in his account until the account balance is equal to or less than $1,000. Once a former employee’s account balance is reduced to $1,000 or less, the former employee or his successor shall receive a final monthly payment equal to his remaining account balance. Payment shall begin on or about the 15th day of the month next following the month of the eligible employee’s retirement, death, or termination of employment. Subsequent monthly payments shall be made on or about the 15th day of each month thereafter until complete. In the event of the death of a former employee before the end of the payout, the remaining payments shall continue to be made in the same manner as was in effect at the time of the former employee’s death to the surviving spouse, or if the former employee does not have a surviving spouse, to any minor children of the deceased former employee at the time of death, in equal shares. In the latter case, “minor children” is defined as children who would be eligible to participate as a dependent under the then current Health Care coverage plan for the City, if the former employee were employed by the City at the time of death. If the former employee does not have a surviving spouse or minor children at the time of death, then the benefit provided under this Section G.3 shall be forfeited. For employees who terminate employment prior to August 1, 2009, this benefit will be paid to eligible former employees in one of two forms. They are:

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a. Benefits Option A

If an eligible former employee elects to continue medical, dental, and/or optional life coverage under the Employee Insurance Program of the South Carolina Budget and Control Board as a retiree or as a qualified beneficiary under COBRA, the eligible former employee may elect to have the monthly premiums for such benefits paid by the City from a fund equal to the dollar value of the employee’s accrued sick leave entitlement at the time of his separation from the City until such fund is exhausted. The cost of coverage shall be deducted each month from the remaining balance of the dollar value the former employee has in his account until the account is exhausted or until the former employee is no longer eligible for coverage under the medical, dental and/or optional life plans, whichever occurs first. The qualifying former employee may also elect to have the premiums for his eligible covered spouse or eligible minor children deducted from his sick leave entitlement. “Minor children” are defined as children who would be eligible to participate as a dependent under the then-current Health Care coverage plan for the City, if the former employee were employed by the City at the time of death. This will, however, decrease his credits more quickly than if the employee chooses single coverage. When all accrued sick leave credit has been exhausted toward medical, dental, and/or optional life insurance coverage, the employee and covered spouse or minor children have the option to remain on the group health, dental, and optional life plans at their own expense until such time as they are no longer eligible for such benefits. Please see the Insurance Benefits Guide or contact the Benefits Department for details. In the event of the death of a qualifying employee prior to his opportunity to receive benefits under Benefits Option A, his covered spouse or minor children may use the credits to pay applicable insurance premiums until such time as the surviving eligible spouse or eligible minor children are no longer eligible (e.g., spouse has either exhausted all credits or has opted to change benefits to Benefits Option B). Upon the death of the surviving eligible spouse and any eligible minor children, all benefits under this policy shall cease. The descriptions of the medical, dental, and/or optional life insurance policies in this section are intended as summaries only. For further details, please consult the current applicable full plan documents, which control in the event of any conflict with these summaries.

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An employee who chooses Benefits Option A shall have the opportunity to change to Benefits Option B on an annual basis.

b. Benefits Option B An eligible former employee may elect to receive a cash equivalency for unused sick leave credit. This payment shall be made in equal payments semi-annually over a ten year period. In the event of the death of a former employee before the end of the payout under Option B, the payments shall be made to the surviving spouse, or if the former employee does not have a surviving spouse, to any minor children of the deceased former employee at the time of death. In the latter case, “minor children” is defined as children who would be eligible to participate as a dependent under the then current Health Care coverage plan for the City, if the former employee were employed by the City at the time of death. An employee who chooses Benefits Option B will not have the option to change to Benefits Option A at any time.

SICK LEAVE SHARING The primary purpose of Sick Leave Sharing is to assist certain qualified full-time, regular employees, who are out on unpaid medical leave of absence due to a catastrophic illness or injury or who are out on unpaid family leave of absence due to a terminally ill or injured spouse or child. In certain instances and only in the most unusual circumstances, it is deemed in the best interest of the City to assist an employee to remain financially secure for a reasonable period after they have exhausted their own leave. Sick leave sharing is not an automatic benefit to all employees. The purpose of sick leave sharing is not to provide a means of extending family leave, paid sick leave, or unpaid medical leave in every case of absence for medical reasons, but is a way for employees affected by highly unusual medical situations to remain financially secure for a reasonable period. A. Qualification to Apply for Sick Leave Sharing Benefits To qualify to apply, the employee must: 1. Have completed three (3) years of service;

2. Have exhausted all paid leave; 3. Have had at least thirty (30) sick leave days before the initial reason for the leave

commences in order to qualify for Shared Sick Leave.

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4. Have been placed on an unpaid medical-related leave of absence due to a catastrophic illness or injury, or placed on an unpaid family-related leave of absence due to a terminally ill or injured spouse or child;

B. Procedures for Requesting Sick Leave Sharing Benefits

To receive Sick Leave Sharing Benefits, the employee must satisfy the following procedural steps: 1. Be eligible by being placed on an approved, unpaid medical- or family-related leave

of absence after he has exhausted all paid leave because of a reason identified in Section A.3 above;

2. Establish qualification requirements, identified in Section A. above, in a written

request for Sick Leave Sharing Benefits; 3. Supply a physician's certification to the Personnel Department which supports the

reason for the sick leave sharing request and states that the unpaid medical-related leave of absence is expected to last at least thirty (30) calendar days;

The Personnel Department will evaluate the eligibility of an employee to receive accrued leave donations based on the information in the written request, and make a recommendation to the City Manager, who will have the sole discretion to determine eligibility.

C. Amount of Shared Sick Leave an Employee May Receive If the City Manager determines that the employee is eligible to participate in the Sick Leave

Sharing Benefit, the Personnel Department will then determine the amount of Shared Sick Leave an employee may receive. This amount will be based on the following:

1. Shared Leave is available in the Sick Leave Sharing Bank for use by the applicant. 2. The maximum Shared Sick Leave the employee may receive is equal to the number

of sick leave days the employee had available before the initial reason for the leave commences and used prior to the commencement of the unpaid medical leave. (Example: If, at the time the employee’s leave commenced, the employee had thirty (30) days of paid sick leave remaining and is eligible, he will be entitled to receive up to a total of an additional thirty (30) donated days, if available.)

3. Vacation days are not included in calculating the maximum Shared Sick Leave. 4. An employee must have had at least thirty (30) sick leave days before the initial

reason for the leave commences in order to qualify for Shared Sick Leave.

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D. Recordkeeping The Personnel Department staff will maintain the records for leave balances of the Sick

Leave Sharing Bank and of the applicant, and will keep all records of authorizations, transfers and usage of shared leave.

FUNERAL LEAVE

A. Eligibility Full-time employees who work a minimum of thirty-five hours per week, part-time

employees who work a minimum of twenty hours per week, employees who are in an evaluation period, and temporary full-time employees are eligible for funeral leave with pay in order to attend the funeral of an immediate family member, as defined below.

B. Time Allowed An employee may be absent from work for one regularly scheduled work day in order to

attend the funeral services of an immediate family member. If other days are needed to handle the necessary funeral arrangements and personal affairs for immediate family members, an employee must use accrued vacation or sick days. If the employee has no remaining vacation or sick leave, the City may grant unpaid leave. For funerals of persons who were not immediate family members, only vacation leave or, in the City’s discretion, leave without pay may be used.

C. Definition of Term "Immediate Family Member" The term "immediate family member," for purposes of Funeral Leave, is defined as follows: An employee's spouse, child, grandchild, parent, brother, brother-in-law,

sister, sister-in-law, and grandparent and an employee's spouse's child, grandchild, parent, brother, brother-in-law, sister, sister-in-law, and grandparent.

D. Relationship of Deceased The City reserves the right to ask the employee to supply the name and relationship of the

deceased, and the name of the funeral home that handled the arrangements. E. Authorization for Funeral Leave

The department head is responsible for granting funeral leave. Paid funeral leave is granted only for the employee to attend the funeral for which the leave was granted. Other authorized time off, with or without pay, to handle the necessary funeral arrangements and personal affairs must be used for those purposes. In the event an employee does not attend

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the funeral or use other authorized time off to handle funeral arrangements or personal affairs, the absence is considered unexcused and is without pay.

FAMILY AND MEDICAL LEAVE ACT LEAVE

Under the federal Family and Medical Leave Act of 1993, as amended (FMLA), as a City of Anderson employee, you may be eligible for a period of job-protected unpaid leave if you meet the criteria set forth in the FMLA. This Policy provides a brief overview of the statutory criteria, as well as the City of Anderson’s own policies regarding FMLA Leave. A. General Eligibility

To qualify for FMLA Leave under this Policy, an employee must be an employee of the City, must have worked for the City for at least 12 months, must have worked at least 1,250 hours during the past 12 months, and must work at a location where the City employs at least 50 employees within 75 miles.

B. Types and Duration of FMLA Leave: Basic FMLA Leave and Active Duty Leave

An employee may be eligible for up to 12 weeks of unpaid leave, in a rolling backward 12 month period, for the following reasons:

1. The birth of a child and to care for such child, or placement for adoption or foster

care of a child; 2. To care for an “immediate family member” (spouse, child under 18 years old, a

child 18 and over that is incapable of self-care, or parent) with a “serious health condition”;

3. Because of a “serious health condition” which renders you unable to work; or 4. Because of any “qualifying exigency,” arising out of the fact that your spouse, son

(of any age), daughter (of any age) or parent, defined as a covered military member;

a. Is on active duty (or has been notified of an impending call or order to

active duty) in the National Guard or Reserves; or b. Is a retired member of the Armed Forces or Reserves and has been

notified of an impending call or order to active duty in support of a contingency operation.

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C. Military Caregiver Leave

An employee also may take “Military Caregiver Leave” to care for a spouse, son (of any age), daughter (of any age), parent or next of kina who is a current member of the Armed Forces, including the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness. A covered service member incurs a serious illness or injury for purposes of this paragraph when he or she is medically unfit to perform the duties of his or her office, grade, rank or rating. Eligible employees are entitled to a total of 26 weeks of unpaid Military Caregiver Leave during a single 12-month period. This single 12-month period begins on the first day an eligible employee takes Military Caregiver Leave and ends 12 months after that date. The Military Caregiver Leave entitlement described in this paragraph applies on a per-covered service member, per-injury basis. However, no more than 26 weeks of leave may be taken within a single 12-month period by any covered employee.

D. Combined Leave Eligibility

In circumstances where an employee takes Military Caregiver Leave and other leave covered by the federal FMLA under numbers 1-4 in B. Basic FMLA Leave and Active Duty Leave section above, the combined leave shall not exceed 26 weeks during that 12-month period.

E. Definitions

A "serious health condition" referenced in numbers 2 and 3 of B. Basic FMLA Leave and Active Duty Leave section above means an illness, injury, impairment, or physical or mental condition that involves:

1. In-patient care (i.e., an overnight stay) in a hospital or other medical care facility

(including any period of incapacity or any subsequent treatment in connection with such in-patient care);

a “Next of kin of a covered servicemember” means the nearest blood relative other than the covered servicemember's spouse, parent, son, or daughter, in the following order of priority: blood relatives who have been granted legal custody of the covered servicemember by court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins, unless the covered servicemember has specifically designated in writing another blood relative as his or her nearest blood relative for purposes of military caregiver leave under the FMLA. When no such designation is made and there are multiple family members with the same level of relationship to the covered servicemember, all such family members shall be considered the covered servicemember's next of kin and may take FMLA leave to provide care to the covered servicemember, either consecutively or simultaneously. When such designation has been made, the designated individual shall be deemed to be the covered servicemember's only next of kin.

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2. A period of incapacity of more than three (3) consecutive full calendar days, and any subsequent treatment or period of incapacity relating to the same condition that also involves:

a. Treatment two (2) or more times by a health care provider or under the

supervision of a health care provider within 30 days of the start of the incapacity; or

b. Treatment by a health care provider on at least one (1) occasion within

seven (7) days of the start of the incapacity which results in a regimen of continuing treatment under the supervision of a health care provider.

3. Any period of incapacity due to pregnancy, or for prenatal care; 4. Any period of incapacity due to a chronic serious health condition requiring

periodic visits of at least twice a year for treatment by a health care provider; 5. A period of incapacity which is permanent or long-term due to a condition for

which treatment may not be effective, during which the employee (or family member) must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider; or

6. Any period of absence to receive multiple treatments by a health care provider or

under the supervision of a health care provider, either for restorative surgery after an accident or other injury, or for a condition that will likely result in a period of incapacity of more than three (3) consecutive calendar days in the absence of medical intervention or treatment.

A “qualifying exigency” referenced in number (4) of B. Basic FMLA Leave and Active Duty Leave section above refers to the following circumstances: 1. Short-notice deployment: to address issues arising when the notification of a call

or order to active duty is seven (7) days or less; 2. Military events and related activities: to attend official military events or family

assistance programs or briefings; 3. Childcare and school activities: for qualifying childcare and school related

reasons for a child, legal ward or stepchild of a covered military member; 4. Financial and legal arrangements: to make or update financial or legal affairs to

address the absence of a covered military member;

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5. Counseling: to attend counseling provided by someone other than a health care provider for oneself, for the covered military member, or child, legal ward, or stepchild of the covered military member;

6. Rest and recuperation: to spend up to five (5) days for each period in which a

covered military member is on a short-term rest leave during a period of deployment;

7. Post-deployment activities: to attend official ceremonies or programs sponsored

by the military for up to 90 days after a covered military member’s active duty terminates or to address issues arising from the death of a covered military member while on active duty;

8. Additional activities: for other events where the City and the employee agree on

the time and duration of the leave. F. When Both Spouses Work For the City

A husband and wife, when both are eligible for FMLA and both work for the City, are eligible for a combined 12 weeks of unpaid leave for the birth or placement of a child or to care for a parent who has a serious health condition. A husband and wife, when both are eligible for FMLA and both work for the City, will be eligible for a combined 26 weeks of unpaid Military Caregiver Leave. If the husband and/or wife taking Military Caregiver Leave also take(s) family leave (numbers 1and 2 in the B. Basic FMLA Leave and Active Duty Leave section above) for the birth or placement of a child or to care for a parent who has a serious health condition, those leaves are combined and shall not exceed 26 weeks during that 12-month period. If the husband and wife have a combined 26 weeks of Military Caregiver Leave and family leave, either may be eligible for personal “serious medical condition leave” or “qualifying exigency,” (numbers 3 and 4 in the Basic FMLA Leave and Active Duty Leave section above) assuming their combined Basic FMLA Leave and Active Duty Leave does not exceed 12 weeks and their personal Military Caregiver Leave and other leave covered by the federal FMLA under numbers 1-4 in B. Basic FMLA Leave and Active Duty Leave does not exceed 26 weeks.

G. Notice of Need for FMLA Leave

If FMLA leave is foreseeable (i.e. for birth or placement, planned medical care, leave due to active duty of immediate family member), the employee must provide at least thirty (30) days advance notice. If circumstances prevent providing the thirty days advance notice, then the employee should provide as much notice as possible.

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If an employee fails to give the required notice for foreseeable leave with no reasonable excuse, the employee may be denied the taking of the leave until the employee provides adequate notice of need for the leave. Employees should make every reasonable effort to schedule medical treatments so as not to disrupt the ongoing operations of the City.

H. Intermittent FMLA Leave

Leave on an intermittent or reduced schedule basis may be available when medically necessary due to an employee’s serious health condition or the serious heath condition of the employee’s immediate family member. Employees may not take intermittent or reduced schedule leave for the birth or placement of a child for adoption or foster care. Military Caregiver Leave may be taken intermittently or on a reduced leave schedule when medically necessary. Employees taking intermittent leave must follow the City’s standard call-in procedures, absent unusual circumstances. In some instances, the City may transfer an employee on intermittent or reduced schedule leave to an alternate position for which the employee is qualified and which better accommodates periods of recurring leave.

I. Documentation Supporting FMLA Leave

In order to take FMLA leave, it must be for a reason covered under this FMLA policy, and you must provide a completed FMLA Certification of Health Care Provider Form (“Certification”) supporting the need for the leave. We also may require reasonable documentation of a family relationship to verify the legitimacy of a FMLA Leave. The employee requesting leave will have fifteen (15) days in which to return a completed Certification following receipt of the Certification form from the City. If the employee fails to provide timely Certification after being required to do so, the employee may be denied leave under FMLA. If the Certification is incomplete or insufficient, the employee will be given written notification of the information needed and will have seven (7) days after receiving such written notice to provide the necessary information. If there is reason to doubt the validity of the Certification, a second opinion, at the expense of the City, related to the health condition may be required. If the original Certification and the second opinion differ, a third opinion, at the expense of the City, may be required. The opinion of the third health care provider, which the City and the employee jointly select, will be the final and binding decision.

A request for Active Duty Leave must be supported by the Certification of Qualifying Exigency for Military Family Leave form as well as appropriate documentation, including the covered military member’s active duty orders. A request for Military

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Caregiver Leave must be supported by the Certification for Serious Injury or Illness of Covered Service member form as well as any necessary supporting documentation.

J. Recertification

Under certain circumstances as provided by law, including (but not limited to) situations in which the need or nature of the approved leave changes, the City may, in its sole discretion, require recertification of your serious health condition. The City may also request recertification every year in which FMLA Leave is taken for any serious health condition that lasts longer than one (1) year. In these situations, you will have fifteen (15) days in which to provide, at your expense, a completed Recertification form.

K. Use of Paid Leave

Employees must use all accrued paid leave (e.g., Sick Leave, Vacation and, where applicable, Compensation Time) for available FMLA Leave. Any such available paid leave will run concurrent with FMLA leave. After all accrued paid leave is exhausted, the unpaid FMLA leave the employee is eligible to take is equal to the total available FMLA leave at the beginning of the leave period less the number of days already taken as paid leave.

L. Benefits During FMLA Leave

During approved FMLA Leave, the employee’s coverage under the City health benefits will continue. If the employee’s leave is without pay and the employee no longer pays his or her share of health, dental, and voluntary life insurance premiums (if applicable) through payroll deduction, the employee must pay the City directly for his or her share of such premiums in order for such coverage to continue. Employees will accrue Sick Leave or Vacation while on FMLA leave if such leave is concurrent with any paid leave. Employees will not accrue Sick Leave or Vacation during FMLA leave after the paid leave is exhausted.

M. Failure to Return from Leave

If the leave you take exceeds the time for which you are eligible under this policy or if you fail to return from FMLA leave as scheduled, you will not be assured a position with the City upon your return. If your absence exceeds any leave to which you are entitled under FMLA or other applicable laws or you fail to return to work, you may be subject to the City’s attendance policies and disciplinary action, up to and including termination.

N. Interaction with State Military Leave Laws

Should South Carolina law require employers to provide greater or different job-protected leave to family members of persons in the military, the City will comply with all such military family leave laws. When leave provided under one of these laws is

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covered under the federal FMLA, it also shall count toward the employee's federal FMLA entitlement and as FMLA Leave under this Policy.

O. Employees Not Eligible for Medical Leave under FMLA. 1. Covered employees.

Employees who have been employed by the City for less than twelve months or who do not have at least 1,250 hours of working service during the twelve months preceding the requested leave (“Non FMLA Employees”) are eligible for up to 30 calendar days of unpaid leave for a “serious health condition.”

2. Benefits and Conditions

a. “Serious health conditions” include illness, injury, impairment, or physical or mental conditions that involve in-patient care in a hospital, hospice, or residential medical care facility or continuing treatment by a health care provider.

b. The time allowed for unpaid leave to Non FMLA Employees for serious

health conditions is no more than thirty calendar days. c. At the expiration of such leave, the Non FMLA Employee will have no rights

to reinstatement in their previous position or an equivalent position. d. The Doctor’s Certification and Notice provisions discussed for FMLA leaves

above also apply to Non FMLA Employees who are seeking to take unpaid leave.

MARRIAGE LEAVE A full-time or a part-time employee who has completed at least six months’ service with the City shall be entitled to request leave in order to get married. Scheduling of time off with or without pay shall be made with the approval of the department head. Time off with pay may be allowed if the employee has accrued vacation days available.

MILITARY LEAVE The City complies with all applicable laws that afford job protection rights to employees serving with the military, National Guard, and Reserve Units. Employees should provide written notification of a military obligation requiring leave of absence to the employee's supervisor as soon as possible.

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EDUCATIONAL LEAVE A full-time or part-time employee may be granted leave with pay by the City Manager in order for the employee to attend meetings, training or educational classes which benefit the position he holds with the City. The leave and the length of the leave period must be approved by the City Manager. Department Heads may allow employees of his department to attend one-day training classes. If appropriate for expenses for such classes to be paid for by the department, the department will forward a requisition to the City's Business Affairs Office.

CIVIL LEAVE

A. Jury Duty 1. Eligibility The City complies with applicable laws that afford job protection rights to

employees summoned to serve on juries. Employees should present a copy of their summons to serve jury duty to their supervisor as soon as it is received.

2. Benefit A full-time employee who has completed the evaluation period and called to serve as

juror receives his regular pay, less his pay as juror, for each scheduled work day while on jury duty. The employee is not reimbursed for more than eight hours for any one jury duty day. Jury duty which does not fall during a regularly scheduled work day or shift is not subject to reimbursement. The employee's pay for jury leave is determined following presentation by the employee of a receipt showing the amount of pay received for jury duty accompanied by a payroll time sheet for that particular time, indicating the days the employee served.

If a holiday falls on a day when the employee is to serve on jury duty, he may retain

all monies earned for jury duty and be paid in full for the holiday being observed by the City of Anderson. Jury duty is not subject to reimbursement while the employee is on vacation, sick or any other type of approved leave.

3. Return to Work Leave for jury duty expires after the employee is dismissed from jury duty. If the

employee is dismissed prior to the end of his normal work day, he should report to work for the remainder of his regularly scheduled work day.

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B. Witness in Court An employee appearing as a witness while representing the City of Anderson, receives pay

for time spent in court at his normal rate of pay. If he is requested or required to appear in court not representing the City of Anderson, he must use vacation.

C. Voting Time The department head may approve requests by employees who are registered voters to take

time off to vote in an official election. If the employee's regularly scheduled work day begins less than two hours after the polls open or ends less than three hours before the polls close, eligible voters may be entitled to up to two hours off with pay on election day.

HOLIDAYS

A. Eligibility All regular full-time employees, part-time employees and temporary employees receive

holiday pay at their regular rate of pay when an official holiday is being observed by the City. These days are:

New Year's Day Labor Day Christmas Eve Martin Luther King Day Veteran's Day Christmas Day Memorial Day Thanksgiving Day Independence Day Day after Thanksgiving When an official holiday falls on a Saturday, the preceding Friday is observed. However,

when Christmas occurs on a Saturday, the following Monday is observed. When a holiday falls on a Sunday, the following Monday is observed.

B. Compensation Compensation for a holiday is paid only when an employee works or is in “pay status” both

the regularly scheduled days before and after the holiday. Previously scheduled vacation leave or approved sick leave with pay is a valid substitute for actual work days immediately preceding or following a holiday. When a holiday falls during an employee's vacation or paid sick leave, the employee is not charged a vacation or sick day, but receives the holiday pay.

An employee who is paid on an hourly basis who fails to appear for assigned work on

official holidays, or is absent without authorization either the scheduled work day immediately before or after a scheduled holiday, receives no compensation for the holiday period and may be subject to discipline up to and including discharge, unless the department head believes in his sole judgment that the employee had sufficient cause for failing to appear for work.

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GROUP WELFARE BENEFITS A. Benefits Available This portion of the Employee Handbook is provided to notify you of the existence of certain

group welfare benefits that are available to eligible employees of the City of Anderson and their dependents through the South Carolina Budget and Control Board’s Employee Insurance Program. Currently, the following group benefits are offered through the South Carolina Budget and Control Board’s Employee Insurance Program to eligible employees and their dependents:

• Medical Insurance; • Dental Insurance; • Basic, Supplemental and Dependent Life Insurance; • Long Term Disability Insurance; • Long Term Care Insurance; and • Vision Care Benefits.

This list is subject to change, and questions concerning any of these benefits and your eligibility should be addressed to the Personnel Department. Details regarding eligibility and the provision of benefits will be provided to you through the Insurance Benefits Guide of the South Carolina Budget and Control Board’s Employee Insurance Program. Upon employment, eligible employees will be issued a packet of information by the Personnel Department. The packet will include the Insurance Benefits Guide explaining each of these benefits. This booklet, called a summary plan description, is not a contract, but is a manual which should be referred to for information concerning specific plan provisions. Please see the Insurance Benefits Guide for additional information concerning each of these benefits.

B. Right to Amend or Terminate

The City of Anderson and the South Carolina Budget and Control Board expect and intend to continue to offer the welfare benefits listed above indefinitely. However, the City of Anderson and the South Carolina Budget and Control Board reserve the right to amend or terminate these benefits at any time for any reason. If the benefits are amended or terminated, you and other active employees may not receive benefits as described in the Insurance Benefits Guide. You may be entitled to receive different benefits, or benefits under different conditions. However, it is possible that you will lose all benefit coverage. This may happen at any time, if the City of Anderson or the South Carolina Budget and Control Board decide to terminate the benefits of your coverage under the plans. In no event will you become entitled to any vested rights under the group welfare plans.

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WORKERS' COMPENSATION INSURANCE A. Purpose To provide employees coverage for medical expenses and possible loss of wages due to an

on-the-job accident or injury caused by the job. B. Eligibility All employees, including full-time, part-time, temporary and seasonal, are eligible to receive

Workers' Compensation insurance benefits for an on the job accident/injury that is declared compensable.

C. Reporting an On the Job Accident/Injury Because the law sets limitations on filing a claim for an on the job injury, it is essential that

any work-related injury, no matter how minor, is reported immediately to the Personnel Office. Personal injury forms are available in the Personnel Office and are to be maintained in every department.

The City has the right to investigate an accident/injury. Upon investigation, if the claim is

accepted as a bona fide accident/injury, the supervisor may send the injured employee to the City's designated doctor or medical facility for treatment. In the event of an injury that may occur after doctor's normal office hours, the employee may seek permission of his supervisor to be treated at the Anderson Area Medical Center Emergency Room.

Should an injury of grave nature occur and an ambulance must be called, the injured

employee may be taken directly to the Anderson Area Medical Center Emergency Room. Additional and specific information on Workers' Compensation may be obtained from the

Personnel Office.

EDUCATION REFUND PROGRAM A. Purpose To encourage full-time employees to take advantage of reasonable opportunities for

professional growth in their respective fields through training, education, and other self-development activities.

B. Eligibility Full-time employees who have been employed by the City for at least 12 consecutive

months may apply for approval for City funding of job-related education. Applications

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received by July 1 are considered for the fall semester, and those received by November 1 are considered for the spring and summer semester of the next year.

C. Availability of Funds Subject to the availability of funds, the City may pay up to $2,000 per year for tuition plus

books for job related education and training, with prior approval of the department head and Education Committee. The costs are paid upon satisfactory completion of the course or training. Presentation of a receipt for tuition from the institution should accompany the report card of the employee so that reimbursement may be made. Receipts for the cost of books and other incidentals must also be presented at this time. Application for reimbursement must be made to the Business Affairs Office within thirty days after receiving the final grade.

RETIREMENT BENEFITS

A. Pension Plans

This portion of the Employee Handbook is provided to notify you of the existence of the City's pension plans. This information is subject to change, and questions about the plans and your eligibility should be addressed to the Personnel Department. Details regarding eligibility and the provision of benefits will be provided to you through official plan documents.

The City of Anderson currently has two retirement plans available. Each regular full-time employee who meets the age, service, and other eligibility requirements is included in one of these plans. They are:

1. City of Anderson General Retirement Plan This plan includes all employees except police officers and firefighters. Currently,

the City contributes amounts for the participants, and the employees do not contribute to the plan.

2. S. C. Police Officers’ Retirement System This plan covers the City's sworn police officers and active firefighters. This plan is

part of the State of South Carolina's Retirement System. Currently, both the City and its police officers and firefighters contribute funds to the plan. Contributions are made monthly.

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B. Group Health, Dental and Life Insurance For Retired Employees In certain circumstances, employees who retire may be eligible to elect group medical,

dental, and optional life insurance available to eligible retirees. Premiums for such benefits are paid by retirees. Please see the Insurance Benefits Guide for more details.

C. Catastrophic Events Prior to Retirement In the event of a qualifying employee who meets all requirements for continuation coverage

under the health and life insurance programs of the Employee Insurance Program of the South Carolina Budget and Control Board, but has exhausted all of his accrued sick and vacation leave days immediately before retirement because he is the victim of a catastrophic illness, special consideration may be granted by the City Manager.

The City Manager may, at this time, choose to pay insurance premium costs until such time

as the employee is eligible for disability from Social Security and/or disability retirement benefits under the applicable retirement plan.

Paid premiums for a covered spouse or dependent will not be provided.

SEPARATION It is requested that employees who resign from the City shall submit a written notice to their department head at least two weeks prior to separation, stating the date the separation is to become effective and the reason for leaving in order to remain in good standing. It is requested that Department Heads submit their written notice to the Division Head or to the City Manager at least one month prior to the separation in order to remain in good standing. Notice of involuntary separation by the City usually is immediate, particularly where the employee has engaged in misconduct or the efficiency or morale of the department or the organization will be adversely affected by continued work during a notice period. Deviations from the standard notice are authorized in the sole discretion of the department head. The City of Anderson appreciates the opportunity to conduct exit interviews with employees who are resigning or retiring. Departing employees are asked to report to the Personnel Department on or near the last day of their employment in order to be informed of their pension eligibility; possibility of continuation of health insurance; possible conversion of life insurance; and other information which may be necessary for a smooth transition for both employer and employee.

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