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Rules
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| Personnel
Rules and Regulations |
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RULE
21 - OPERATIONS DURING EMERGENCY CONDITIONS
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21.1
Purpose:
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To
provide guidelines for compensation, assigning work
hours, work days and for returning to work when the
City operates under emergency conditions (a State of
Emergency.) The services rendered by and in the different
departments, offices and activities of the City of Sarasota
require that employees work varying days and hours based
on the operational needs of the individual departments.
Where an emergency impacts the City of Sarasota, all
employees are subject to work or return to duty as directed
to ensure continuation and restoration of services,
maintain safety and fulfill the City’s responsibility
to its citizens. See Chapter 13 of Sarasota City Code.
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21.2
Emergency Duty Assignment:
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In
the event of an emergency, the City Manager or City
Auditor and Clerk for their respective employees, may
assign employees to any duty to the extent that the
City is not in violation of any State or Federal law.
This assignment includes employees of one department
serving in an emergency capacity for any other department
or function as assigned for which the employee can reasonably
perform.
The
City of Sarasota shall make a reasonable effort to release
employees from work prior to, during and after emergency
conditions to take care of personal situations such
as family and property needs. |
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21.3
Definitions:
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Emergency
Conditions: Any unforeseen event or unanticipated
condition either internal or external to the City requiring
prompt action as officially declared by appropriately
authorized administrative staff or authorized representative.
An emergency condition may include, but is not limited
to, emergencies involving acts of God, catastrophes,
power failures, or other situations beyond the control
of the City. |
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Non-Exempt:
An employee who is paid an hourly wage and is eligible
under the Fair Labor Standards Act to receive overtime
pay for hours worked in excess of 40 in a workweek.
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Exempt:
An employee who is paid a salary (not an hourly wage)
to perform the duties and responsibilities of a job
regardless of hours worked in a workweek. In accordance
with the Fair Labor Standards Act, this category of
employee is exempt from the overtime pay provisions
of the act. |
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On
Duty: When an employee is in City facilities, on
City premises or assigned work sites at management’s
request and is available for a work assignment. |
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Suspension
of Regular Work Rules: If, in the sole discretion
of the City Manager, it is determined that civil emergency
conditions exist, including but not limited to riots,
civil disorders, hurricane/tornado conditions, epidemics,
public employee strikes or similar catastrophes, the
provisions of the PBA agreement, the Teamster agreement
and Personnel Rules may be suspended by the City during
the time of such declared emergency, except monetary
provisions. |
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21.4
Wages: |
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Employee
on leave:
• Vacation
• Sick
• Leave without pay
• Military
• Bereavement
• Workers’ compensation, etc.
An employee who is already absent on any type of personal
leave, during a State of Emergency will continue on his or
her original leave status until that status is completed or
if the employee is required to and does return to work.
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Non-Exempt
Employees: A non-exempt employee sequestered and unable
to return home or working during a period declared an emergency
and directly related to the emergency will be compensated:
• Full pay for all hours worked
For hours over 40, the non-exempt employee will be compensated:
• At time and a half for hours over 40 hours per the
Fair Labor Standards Act and the terms of the applicable,
if any, collective bargaining agreement.
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Exempt
Employees: Exempt employees working during a State of
Emergency will earn:
• Hour for hour comp time for time worked over 40
hours up to 80 hours during an emergency.
When exempt employees’ comp time balance reaches 80
hours for the current fiscal year:
• They will be compensated at straight time for all
hours worked over 40.
• When employees are sequestered and unable to return
home, time spent sleeping will be considered hours worked
if the employee is not provided an adequate sleep period
of at least 5 uninterrupted hours.
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Temporary
Employees: Temporary employees will be paid for all time
worked and will not be eligible for Paid Leave. |
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Non-Assigned
employees: Employees who are voluntarily confined for
safety or non-job related reasons and are not performing the
duties of their regular or assigned jobs are not compensated
for the time spent on the premises. |
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FEMA:
All hours compensated during an emergency that will be eligible
for FEMA reimbursement will be coded according to published
Finance Department standards. |
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Paid
Leave: Employees released from their regular job duties
and not assigned other duties will be compensated as follows:
• If released during a workday, employees will receive
pay for the time worked and the balance of the scheduled
workday will be on Paid Leave.
• If released prior to the start of a scheduled workday,
employees will receive full pay for the workday as Paid
Leave.
• The City Manager will determine the amount of Paid
Leave beyond one full day.
• Employees working while other employees are on Paid
Leave will receive Leave Credit for each hour actually worked.
• See Personnel Rule 11.12, 11.13 and 11.14 concerning
leave categories.
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21.5
Failure to Report
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During
a declared emergency, employees who are regularly scheduled
to work but are unwilling or unable to remain on duty are
not paid for the time not worked. At management’s discretion,
the time off may be considered as an excused or unexcused
absence and the employee may or may not use vacation or personal
leave time. |
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21.6
Return to Work
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The
City Manager or City Auditor and Clerk for their respective
employees, will make the determination when employees will
return to work. It is the employee’s responsibility
to monitor the communication media to ensure they return to
work at the appropriate time.
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Employees unable to report back to work that day, due to
extenuating circumstances beyond their control, (i.e., child
care issues, storm-related damages, road closures, flooding,
out of the area due to evacuation or previously approved
personal leave, etc.) shall not be required to return to
work.
• Rule 9 of the Personnel Rules and Regulations shall
be the authority for failure to return to work.
Rule
9 reads in part: Employees, who without proper authorization,
either do not report to the assigned work centers for three
(3) consecutive work days or who walk off the job shall be
considered as having resigned from City employment and he
or she shall be recorded as terminated on the required personnel
action forms in accordance with these Rules.
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