CHAPTER 33: PERSONNEL
Section
General Provisions
   33.001   General information
   33.002   Equal employment opportunity
   33.003   Productive work environment
   33.004   Authorized alien status and citizenship
   33.005   E-verify
Employment Policies
   33.020   Residency requirements
   33.021   Employee classifications
   33.022   Introductory period
   33.023   Access to personnel files
   33.024   Personal information changes
   33.025   Confidential information
   33.026   Performance review and wage increases
   33.027   Outside employment
   33.028   Nepotism
Salary Administration
   33.035   Work hours
   33.036   Wage policy
   33.037   FLSA timekeeping
   33.038   Indiana timekeeping requirements
   33.039   Work time restricted
   33.040   Rounding
   33.041   Payday
   33.042   Cell phone allowance
   33.043   Clothing allowance
   33.044   Payroll deduction
   33.045   Employment at will
   33.046   Full-time employee/volunteer fireman
   33.047   Overtime
   33.048   Compensatory time
   33.049   Flex time
Employee Benefits
   33.060   Vacation
   33.061   Holidays
   33.062   Sick leave
   33.063   Bereavement leave
   33.064   Time off to vote
   33.065   Court and jury duty
   33.066   Family Medical Leave Act (FMLA)
   33.067   Americans with Disabilities Act (ADA)
   33.068   Worker’s Compensation
   33.069   Workplace safety
   33.070   Group medical and life insurance
   33.071   Dental insurance
   33.072   Vision insurance
   33.073   Life insurance
   33.074   Identify theft protection
   33.075   Legal shield
   33.076   Indiana Public Retirement System (INPRS)
   33.077   Longevity
   33.078   Elective waiver of benefits
   33.079   Cafeteria plan
Working Conditions
   33.090   Work rules
   33.091   Anti-theft policy
   33.092   Use of town property
   33.093   Use of cellular phones and electronic devices while driving
   33.094   Social media policy
   33.095   Drug free workplace
   33.096   Smoking
   33.097   Use of town telephones, fax machines, and town mail
   33.098   Use of town provided computers, digital equipment, and internet access
   33.099   Authorized use of town owned and/or leased vehicles
   33.100   Take home vehicle policy
   33.101   Travel and conferences
   33.102   Training
   33.103   Indiana Internal Control Standards policy
   33.104   Materiality policy
Personal Conduct
   33.115   Attendance and punctuality
   33.116   Excessive tardiness/absenteeism
   33.117   Unexcused tardiness/absenteeism
   33.118   Excused tardiness/absenteeism
   33.119   Dress code
   33.120   Harassment/hostile work environment
   33.121   Violence-free workplace
   33.122   Employee conduct
   33.123   Summary
GENERAL INFORMATION
§ 33.001 GENERAL INFORMATION.
   (A)   The policies contained in this chapter and throughout the Town of Monon Personnel Policies Handbook apply to all Town of Monon employees, except when in direct conflict with special employment conditions set forth by various statutes governing employment relationships.
   (B)   This Town of Monon Personnel Policies Handbook is designed to provide employees with information about working conditions, employee benefits, and some of the policies affecting employees employment. Employees should read, understand, and comply with all provisions of the policy. The Town of Monon Personnel Policies Handbook describes many responsibilities as an employee and outlines the programs developed to benefit town employees. One of the town’s objectives is to provide a work environment that is conducive to both personal and professional growth.
   (C)   Nothing in this policy is intended to, in any sense, constitute a contract of employment. Town of Monon is an "At-Will" employer which refers to the nature of the employment relationship, which means that the employee may resign at any time and the employer may discharge an employee at any time with or without cause.
   (D)   This personnel policy is not a contract of employment and in no way grants property interests or contractual rights to Town of Monon employees. This policy does not create an entitlement or an expectation of continued employment.
   (E)   No employee handbook can anticipate every circumstance or question about policies. As the Town of Monon continues to grow, the need may arise to change the policies described in the handbook. The Town of Monon therefore reserves the right to revise, supplement, or rescind any policies or portion of the policies from time to time as it deems appropriate, in its sole and absolute discretion. Employees will, of course, be notified of such changes as they occur.
   (F)   While the Town of Monon believes these policies are accurate, they are only summaries, and any discrepancies between these summaries (such as insurance policies) shall be governed by the actual terms of the underlying, more detailed plan documents.
(Ord. 2022-13, passed 12-21-2022)
§ 33.002 EQUAL EMPLOYMENT OPPORTUNITY.
   The Town of Monon does not discriminate in employment opportunities or practices on the basis of race, color, religion, sex (pregnancy, gender identity, and sexual orientation), national origin, age (40 and over), disability, genetic information as referenced in the Genetic Information Nondiscrimination Act (GINA), military service veteran status, or any other characteristic protected by federal, state and local laws.
(Ord. 2022-13, passed 12-21-2022)
§ 33.003 PRODUCTIVE WORK ENVIRONMENT.
   It is a policy of the Town of Monon to maintain a productive work environment. Verbal or physical conduct by any supervisor or employee which harasses, disrupts, or interferes with another's work performance or which creates an intimidating, offensive, or hostile environment will not be tolerated.
(Ord. 2022-13, passed 12-21-2022)
§ 33.004 AUTHORIZED ALIEN STATUS AND CITIZENSHIP.
   (A)   The Town of Monon is committed to employing only United States citizens and aliens who are authorized to work in the United States and does not unlawfully discriminate on the basis of citizenship or national origin.
   (B)   Applicants who refuse to or are unable to supply the documentation necessary to prove that they are American citizens or aliens authorized to work in this country will be dropped from consideration for the position.
   (C)   In compliance with the Immigration Reform and Control Act of 1986, each new employee, as a condition of employment, must complete Section 1 of the Employment Eligibility Verification Form I-9 at the time of hire. HIRE means the beginning of employment in exchange for wages or other remuneration. The time of hire is noted on the form as the first day of employment. and present documentation establishing identity and employment eligibility within the first three days of employment. Former employees who are rehired must also complete a new I-9 form, if they have not completed the form with the town within the past three years, or if their previous form is no longer retained or valid.
   (D)   Employees with questions or seeking more information on immigration law issues are encouraged to contact the Clerk-Treasurer. Employees may raise questions or complaints about immigration law compliance without fear of reprisal. I-9 Forms are maintained by the Clerk-Treasurer.
(Ord. 2022-13, passed 12-21-2022)
§ 33.005 E-VERIFY.
   The Clerk-Treasurer shall administer the E-Verify enrollment of all town new-hires and shall ensure that appropriate forms are properly completed and retained as required by law.
(Ord. 2022-13, passed 12-21-2022)
EMPLOYMENT POLICIES
§ 33.020 RESIDENCY REQUIREMENTS.
   (A)   Employment policies. The policies contained in this chapter and throughout the Town of Monon Personnel Policies Handbook apply to all Town of Monon employees, except when in direct conflict with special employment conditions set forth by various statutes governing employment relationships.
   (B)   All full-time employees of the Town of Monon shall reside within 30 miles of the corporate limits of the Town of Monon. All new full-time employees have one year from the date of hire to comply with these requirements.
(Ord. 2022-13, passed 12-21-2022)
§ 33.021 EMPLOYEE CLASSIFICATIONS.
   (A)   Exempt employees. Exempt employees are in a supervisory or professional position, or work for the Monon Police Department (less than five man department) and not eligible for overtime payments for work in excess of 40 hours.
   (B)   Non-exempt employees. Non-exempt employees are eligible for overtime payments for work in excess of 40 hours per week.
   (C)   Full-time employees. Full-time employees are those salaried or hourly paid employees who are regularly scheduled to work at least 30 hours per week. All full-time employees are eligible for benefits after the prescribed applicable waiting period.
   (D)   Part-time employees. Part-time employees are those salaried or hourly paid employees who are hired with the understanding that they will regularly work less than 30 hours per week. Part- time employees will receive only those benefits that are required by law. A part-time employee who becomes a full-time employee will have benefits based on the date the employee becomes full-time.
   (E)   Temporary/seasonal employees. Temporary/seasonal employees are those salaried or hourly paid employees who are hired with the understanding that their tenure with the town is for a fixed period. Temporary/seasonal employees may work any number of hours up to and including full-time. Temporary/seasonal employees will receive only those benefits that are required by law. A temporary/seasonal employee who becomes a full-time employee will have benefits based on the date the employee becomes full-time.
(Ord. 2022-13, passed 12-21-2022)
§ 33.022 INTRODUCTORY PERIOD.
   (A)   The introductory period is intended to give new employees the opportunity to demonstrate their ability to achieve a satisfactory level of performance and to determine whether the new position meets their expectations. The town uses this period to evaluate employee capabilities, work habits, and overall performance.
   (B)   All new and rehired employees work on an introductory basis for the first 90 days after their date of hire. Any significant absence will automatically extend the introductory period by the length of the absence.
   (C)   If the town determines that the designated introductory period does not allow sufficient time to thoroughly evaluate the employee's performance, the introductory period may be extended for a specified period.
   (D)   During the introductory period, new employees are eligible for those benefits that are required by law, such as Workers' Compensation Insurance and Social Security.
(Ord. 2022-13, passed 12-21-2022)
§ 33.023 ACCESS TO PERSONNEL FILES.
   (A)   Access to confidential personnel files shall be limited to the employee, the Town Council/department head of the employee, Town Attorney, Clerk-Treasurer, and other persons authorized by the Town Attorney on a need-to-know basis. The Clerk-Treasurer shall not provide any information pursuant to a subpoena or court order sooner than ten calendar days after the date of receipt of the subpoena or court order.
   (B)   Within five calendar days of the receipt of a subpoena, the Town Attorney shall notify the affected employee(s) of the receipt to permit the employee(s) to seek any appropriate judicial relief from the subpoena.
   (C)   With reasonable advance notice, an employee may review material in his/her file in the presence of the Clerk-Treasurer. Upon request, the town will provide the employee with copies of any documents contained in his/her personnel file. Employees shall be responsible for copy fees that apply.
(Ord. 2022-13, passed 12-21-2022)
§ 33.024 PERSONAL INFORMATION CHANGES.
   It is the responsibility of each employee to promptly notify the Clerk-Treasurer of any changes in personal data. Personal mailing addresses, telephone numbers, change in family status for insurance purposes, tax exemptions for tax withholdings, individuals to be contacted in the event of an emergency, educational accomplishments, driver's license status and proof of insurance (where applicable), and other such status reports should be accurate and current at all times. If any personal data that affects payroll, benefits, or Workers' Compensation records has changed, employees are to notify, complete, and submit the appropriate form to the Clerk-Treasurer's office. Any unreported changes in personal status may impact eligibility under the town's benefits plans.
(Ord. 2022-13, passed 12-21-2022)
§ 33.025 CONFIDENTIAL INFORMATION.
   In the course of your employment with the town, you may have access to information which is confidential, including, but not limited to, information about new town projects, accounting records, insurance records, personnel records, and information about the citizens of our town. You shall not use, disclose, or divulge confidential information about the town or its citizens to any third party, without prior authorization.
(Ord. 2022-13, passed 12-21-2022)
§ 33.026 PERFORMANCE REVIEW AND WAGE INCREASES.
   During the first year of employment with the town, job performance will be reviewed three times. Reviews of full-time hourly employees will be given by the department head or Town Council after the initial 90 day probationary period, again at six months and then around the one-year anniversary. After receiving the one-year review, an annual performance review for all employees will be given during the month of June by the department head or Town Council. At these reviews, the reviewer will discuss an employee's progress with the town, past accomplishments, performance shortcomings (if any), attendance, safety record, and overall performance on the job. The Clerk-Treasurer will evaluate all office employees. All evaluations shall be properly documented and kept in the employee's permanent personnel file in the Clerk-Treasurer's office.
(Ord. 2022-13, passed 12-21-2022)
§ 33.027 OUTSIDE EMPLOYMENT.
   (A)   Employees may hold outside jobs as long as they meet the performance standards of their job with the town. All employees will be judged by the same performance standards and will be subject to the Town of Monon scheduling demands, regardless of any existing outside work requirements.
   (B)   If the town determines that an employee's outside work interferes with performance or the ability to meet the requirements of the Town of Monon, as modified from time to time, the employee may be asked to terminate the outside employment if he/she wishes to remain with the town.
   (C)   Outside employment that constitutes a conflict of interest is prohibited. Employees may not receive any income or material gain from individuals outside the town for materials produced or services rendered while performing their town jobs.
   (D)   Employees who are provided medical leave under the town's policy for their own serious illness or injury shall not be employed by outside employers when on leave of absence.
(Ord. 2022-13, passed 12-21-2022)
§ 33.028 NEPOTISM.
   (A)   Effective July 1, 2012 I.C. 36-1-20.2 specifies that relatives may not be employed by the town in positions that result in one relative being in the direct line of supervision of the other relative.
   (B)   An employee who is employed by the town as of June 30, 2012, is not subject to the nepotism provision unless the employee has a break in employment with the Town of Monon.
   (C)   Direct line of supervision is defined as an elected officer or employee who is able to affect the terms and conditions of another individual's employment, including making decisions about work assignments, compensation, grievances, advancement, or performance evaluation.
   (D)   Indiana Code defines RELATIVE to include a spouse; a parent or stepparent; a child or stepchild; a brother, sister, stepbrother, or stepsister; a niece or nephew; an aunt or uncle; a daughter-in-law or son-in-law; an adopted child; and a brother or sister by half blood. For the purpose of this policy, the Town of Monon definition of relative will also include mother-in-law, and father-in-law, effective as of adoption of the policy handbook.
   (E)   Each elected office holder of the town shall annually certify in writing that the officer is in compliance with the nepotism policy under I.C. 36-1-20.2. Such certification must be submitted to the Clerk-Treasurer not later than December 31 of each year.
   (F)   An elected official or department head that is in violation of this policy may be subject to penalties for perjury which is a level 6 felony with up to three years prison sentence.
   (G)   The town's failure to adopt policies under I.C. 36-1-20.2 will result in the Department of Local Government Finance not approving the town's budget or any additional appropriations for the ensuing calendar year until the State Board of Accounts certifies the town is compliant.
(Ord. 2022-13, passed 12-21-2022)
SALARY ADMINISTRATION
§ 33.035 WORK HOURS.
   (A)   Salary administration. The policies contained in this chapter and throughout the Town of Monon Personnel Policies Handbook apply to all Town of Monon employees, except when in direct conflict with special employment conditions set forth by various statutes governing employment relationships.
   (B)   The usual workweek for employees of the Town of Monon is Monday through Friday. All personnel will be expected to work a five consecutive day workweek. Employees are expected to work an actual eight hours with the town providing two 15-minute breaks to be taken as one in the morning and one in the afternoon. Unpaid lunch periods are 60 minutes long. Employees shall take their full lunch period unless emergency situations arise preventing the employee from doing so, or they have been given prior approval by their department head. The Town Council must approve any variation of this each year.
(Ord. 2022-13, passed 12-21-2022)
§ 33.036 WAGE POLICY.
   Violations of the sick leave and/or vacation policy of the county shall be penalized as follows:
   (A)   Unauthorized time away from work shall be subtracted from existing leave time in the following order: accrued compensatory time, vacation time, and sick time.
   (B)   If a non-exempt employee has no existing leave time as described above, unauthorized time from work shall be docked from his/her wages on an hourly basis.
   (C)   The penalty for exempt employees paid at a salary rate shall be computed by the normal workdays in a year divided into the gross yearly salary (daily rate).
   (D)   An employee cannot be granted time off without pay if they have remaining compensatory time, excess benefit time, vacation time, unless otherwise stated in written policy (i.e.: military leave).
   (E)   The wages of an elected official cannot be decreased or increased as set by the salary ordinance, unless by statutory exception.
   (F)   Additional disciplinary actions may be taken for violations of paid leave policies, up to and including termination of employment with the Town of Monon.
(Ord. 2022-13, passed 12-21-2022)
§ 33.037 FLSA TIMEKEEPING.
   (A)   Accurately recording time worked is the responsibility of every employee. Federal and state laws require the Town of Monon to keep an accurate record of time worked in order to calculate employee pay and benefits. Time worked is all the time actually spent on the job performing assigned duties.
   (B)   The Fair Labor Standards Act (FLSA) requires that certain records be kept on each covered non-exempt worker. The Family and Medical Leave Act (FMLA) requires that certain records be kept on each covered worker. The record must include accurate information about the employee and data about hours worked and wages earned. Employers are required to maintain the following records:
      (1)   Employee's full name, as used for Social Security purposes, and on the same record, the employee's identifying symbol or number if such is used in place of name on any time, work, or payroll records;
      (2)   Address, including zip code;
      (3)   Birth date if younger than 19;
      (4)   Sex and occupation;
      (5)   Time of day of the week when employee's workweek begins, hours worked each day, and total hours worked each workweek and work period;
      (6)   Basis on which the employee's wages are paid;
      (7)   Regular hourly rate;
      (8)   Total daily or weekly straight-time earnings;
      (9)   Total overtime earnings for the workweek or work period;
      (10)   All additions to or deductions from the employee's wages;
      (11)   Total wages paid each pay period; and
      (12)   Date of payment and the pay period covered by the payment.
(Ord. 2022-13, passed 12-21-2022)
§ 33.038 INDIANA TIMEKEEPING REQUIREMENTS.
   (A)   I.C. 5-11-9-4 requires that all public sector employees (except elected officials) maintain records showing which hours were worked each day by officers and employees. These employee service records are subject to audit as prescribed by the State Board of Accounts.
   (B)   All employees must accurately record the time they begin, and end work each day. They also must record the hours of any departure or absence from work for personal reasons. Overtime work must always be approved before it is performed, and an unencumbered balance must exist in the budget for that department for overtime purposes. Working any unauthorized overtime hours may result in disciplinary action, up to and including termination of employment.
   (C)   Altering, falsifying, tampering with employee service records/timesheets, or recording time for another employee's time record may result in disciplinary action, up to and including termination of employment.
   (D)   It is the employee's responsibility to complete and sign his or her employee service record/timesheet to certify the accuracy of all time recorded. The Clerk-Treasurer or department head will review and then sign the record. The employee service record shall be submitted to the Clerk-Treasurer.
   (E)   In addition, if corrections or modifications are made to the employee service record/timesheet, both the employee and the Clerk-Treasurer or department head must verify the accuracy of the changes by signing off on the employee service record/timesheet.
(Ord. 2022-13, passed 12-21-2022)
§ 33.039 WORK TIME RESTRICTED.
   Non-exempt employees should report to work no more than seven minutes prior to their scheduled starting time, nor stay more than seven minutes after their scheduled stop time, without prior authorization from their supervisor. Deviations of up to seven minutes will not have an impact on overtime, compensatory time, or a reduction in pay calculations.
(Ord. 2022-13, passed 12-21-2022)
§ 33.040 ROUNDING.
   Time is to be recorded to the quarter (1/4) hour, using the seven minute rule (i.e., leeway of seven minutes before and seven minutes after scheduled start and stop time). All employee work commenced more than seven minutes before the start time work hour will be paid on a quarter hour schedule; all employee work continued more than seven minutes after the end of the last work hour will be paid on a quarter (1/4) hour schedule.
(Ord. 2022-13, passed 12-21-2022)
§ 33.041 PAY DAY.
   Regular, part-time, and temporary employees as well as the Clerk-Treasurer will be paid by check or direct deposit on Wednesday, every two weeks. If a payday falls on a holiday, your paycheck will be available on the last workday before the holiday. The pay period is hereby defined as bi-weekly. The bi-weekly term for such pay represents the 14 day period, commencing at 12:01 a.m. Saturday and extending to and concluding on midnight of the second following Friday, immediately preceding the week of the scheduled payday. It is the policy of the town not to make any advances of wages. It is prohibited under I.C. 5-7-3-1.
(Ord. 2022-13, passed 12-21-2022)
§ 33.042 CELL PHONE ALLOWANCE.
   (A)   Cell phones are required for some positions. The purpose of carrying such a device is to provide 24-hour access to better serve citizens and increase productivity. Those positions are designated by each department head, as well as the level of access required to be maintained by the employee on behalf of the Town of Monon. When an employee is not supplied a cell phone by the town, the determination of the wireless carrier will be up to the employee. The employee is required to pay his or her own bill and to supply the phone as prescribed by their department head.
   (B)   Employees who meet the above conditions will be paid a cell phone allowance of $50 per month payable twice a year, $300 in January and $300 in June.
(Ord. 2022-13, passed 12-21-2022)
§ 33.043 CLOTHING ALLOWANCE.
   Uniform apparel other than safety equipment is a noncash benefit provided to eligible full-time employees. Employees eligible for clothing allowance include Municipal Superintendent, Wastewater Operator, Laborer 1A and Laborer 1B. The allowance of $500 per year is provided for replacement of work clothing, including coats and steel toe boots, and is subject to applicable withholding.
(Ord. 2022-13, passed 12-21-2022)
§ 33.044 PAYROLL DEDUCTION.
   The law requires that we make certain deductions from your paycheck for federal income tax, state income tax, Social Security, and any other applicable taxes. These deductions will vary depending upon how much you earn and how many dependents you have. It is the employee's responsibility to report any change in marital status or number of dependents to the Clerk-Treasurer. Except where expressly indicated otherwise, no deduction, other than those named above, will be made from your check without your consent.
(Ord. 2022-13, passed 12-21-2022)
§ 33.045 EMPLOYMENT-AT-WILL.
   Full and part-time employment is for no definite term. This means that you and the town have an "employment-at-will" relationship. In such a relationship you may end your employment with the town at any time. The town does request that you give at least two weeks' written notice prior to leaving. No written or oral promises have been made to employees regarding the length of their employment.
(Ord. 2022-13, passed 12-21-2022)
§ 33.046 FULL-TIME EMPLOYEE/VOLUNTEER FIREMAN.
   A full-time employee who is also a member of the Monon Volunteer Fire Department or Monon First Response shall not be entitled to compensation from the Monon Volunteer Fire Department or Monon First Response when responding to fire or EMT calls while on duty at their regular full-time position.
(Ord. 2022-13, passed 12-21-2022)
§ 33.047 OVERTIME.
   In accordance with the Fair Labor Standards Act (FLSA), the town must compensate a non-exempt employee for all hours worked in excess of 40 in a workweek. Time worked over 40-hours per week will be paid at time and one half. Time off for vacation benefits, bereavement leave, or other leave time will not be considered as hours worked for the purpose of calculating overtime. Holiday hours will be counted as hours worked for the purpose of calculating overtime hours. Exempt employees will not receive overtime pay unless specifically authorized by the Town Council. The Town Marshal and Deputy Marshal, with the permission of the Town Council, have the possibility of overtime with Operation Pullover and any other grants.
(Ord. 2022-13, passed 12-21-2022)
§ 33.048 COMPENSATORY TIME.
   In lieu of the payment of overtime, non-exempt employees may be provided compensatory time in the amount of time and one half for all hours worked over 40 in a workweek. The employee may utilize their compensatory time when approved by a department head. Compensatory time is capped at 80 hours per calendar year. The town will pay out all unused compensatory time at the end of each calendar year. Employees with more than 40 hours of compensatory time off may make a request from the Clerk-Treasurer to receive payment on two separate paychecks at the end of the calendar year.
(Ord. 2022-13, passed 12-21-2022)
§ 33.049 FLEX TIME.
   Flex time is time used for time in the same workweek. When a department head has approved an employee to work in excess of their regular daily work schedule, the department head may grant time off to the employee for the excess time worked in the same workweek.
(Ord. 2022-13, passed 12-21-2022)
EMPLOYEE BENEFITS
§ 33.060 VACATION.
   (A)   Employee benefits. The policies contained in this chapter and throughout the Town of Monon Personnel Policies Handbook apply to all Town of Monon employees, except when in direct conflict with special employment conditions set forth by various statutes governing employment relationships.
   (B)   The Town of Monon recognizes the need to provide paid vacation leave for its employees. All full-time employees shall receive one day of vacation pay (straight time base rate) each year for the employee's birthday in addition to the following schedule:
      (1)   One-year continuous service: five days.
      (2)   Two to five years of continuous service: ten days.
      (3)   Six or more years of continuous service: 15 days.
   (C)   Vacation days will be earned on a calendar year basis. Vacation time will not be included in overtime calculations.
   (D)   Regarding the vacation days referenced above, one day shall equal eight hours. An employee must give the department head 48 hours written notice of intention to take a vacation day, unless an emergency arises, and then the employee shall notify the office or the Clerk-Treasurer as soon as possible. Vacation days may be taken in full week increments or a single day at a time. Only regular scheduled workdays may be counted as vacation days. Vacation time will not accrue from year to year. If the employee does not use his or her vacation time by the end of the calendar year, the vacation time will be forfeited.
   (E)   If an employee is involuntarily terminated by the Town of Monon, the Town of Monon will pay any unused vacation leave.
   (F)   If an employee voluntarily resigns their position, the Town of Monon will pay any unused vacation leave due to the employee in the year of resignation provided that the employee gives appropriate notice. Non-exempt employees must give two weeks' notice and exempt employees must give four weeks' notice. In the event of an employee's death, payment for any unused vacation leave will be made to the employee's estate.
   (G)   Vacation time shall not be used to extend an employee's termination date.
(Ord. 2022-13, passed 12-21-2022)
§ 33.061 HOLIDAYS.
   (A)   It shall be the policy of the Town of Monon to ensure that all full-time employees receive the same number of holidays each year. Employees must complete their probationary status period before they are eligible for paid holidays. Paid holidays include:
      (1)   New Year's Day;
      (2)   Martin Luther King Day;
      (3)   President's Day;
      (4)   Good Friday;
      (5)   Memorial Day;
      (6)   Independence Day;
      (7)   Labor Day;
      (8)   Columbus Day;
      (9)   Veterans Day;
      (10)   Thanksgiving Day; and
      (11)   Christmas.
      (12)   If a recognized holiday falls on a Saturday, the previous Friday will be observed as the holiday. If the holiday falls on a Sunday, the following Monday will be observed.
   (B)   Employees will be paid for eight hours for the holidays listed above. To be eligible for holiday pay, you must have worked on your regularly scheduled shift the day before the holiday and the day after the holiday, the exception is when an employee is on vacation. If an employee is required to work a paid holiday, he/she will receive eight hours for the paid holiday, plus time and one-half for the hours worked.
   (C)   Holiday hours will be included in the calculations of overtime.
(Ord. 2022-13, passed 12-21-2022)
§ 33.062 SICK LEAVE.
   (A)   All full-time employees shall be eligible for sick leave after completion of the 90-day probationary period. Days are awarded on a calendar year basis at the rate of nine days per year. An employee shall be allowed to accumulate a maximum of 90 sick days. No time will accrue after the available balance reaches 90 days.
   (B)   If an employee is involuntarily terminated by the Town of Monon, the Town of Monon will pay any unused sick leave.
   (C)   If an employee voluntarily resigns their position, the Town of Monon will pay any unused sick leave due to the employee in the year of resignation provided that the employee gives appropriate notice. Non-exempt employees must give two weeks' notice and exempt employees must give four weeks' notice. In the event of an employee's death, payment for any unused sick leave will be made to the employee's estate.
   (D)   Sick days may not be used in advance of earning the time. Sick days may be used for such circumstances as an employee's or a family member's illness, for an employee's or family member's doctor's appointment, or when an employee is responsible for the care/treatment of his/her sick child. These days must be used in full (eight hour), half day (four hour), or 15-minute increments.
   (E)   Abuse of sick leave privilege can be used as consideration in disciplinary actions. The Clerk-Treasurer will keep an individual up-to-date record on all employees. Employees must have 48 hours prior approval from their department head for more than three continuous days.
(Ord. 2022-13, passed 12-21-2022)
§ 33.063 BEREAVEMENT LEAVE.
   (A)   If a death should occur in your immediate family, you may be given personal time off with pay to attend the funeral if you are a full-time employee who has completed the 90-day probationary period with the town. The pay will be for the time lost from work because of the death, but not to exceed eight hours per day at your straight time rate, up to a maximum of five days.
   (B)   Bereavement leave will not be included in the calculation of overtime.
   (C)   You will not be paid for funeral leave on days for which you are otherwise compensated (holidays, vacation, etc.) and the five days must fall within consecutive workdays or be approved by the department head. One of the five days must either be the date of death or the date of funeral. Immediate family is defined as current spouse, child, stepchild, parent or stepparent, current mother-in-law, current father-in-law, brother, sister, grandparents, brother-in-law, sister-in-law, grandparent-in-laws or grandchildren or any family member residing in the employee's household.
   (D)   Employees shall receive two days of leave upon the death of an aunt, uncle, niece, nephew, or cousin. If the employee feels that he/she needs more than one day, vacation time can be used with the permission of the department head.
(Ord. 2022-13, passed 12-21-2022)
§ 33.064 TIME OFF TO VOTE.
   Employees who may be required to work on an Election Day should find time to vote either before or after their working hours. If nonexempt employees are unable to vote in an election during their nonworking hours, the Town of Monon may grant a maximum of one hour of unpaid time off to vote.
(Ord. 2022-13, passed 12-21-2022)
§ 33.065 COURT AND JURY DUTY.
   (A)   The Town of Monon encourages employees to fulfill their civic responsibilities by serving jury duty when required. Non-exempt employees are required to return to his/her scheduled shift once released from jury duty.
   (B)   Employees must show the jury duty summons to their department head as soon as possible so that the supervisor may arrange to accommodate their absence.
   (C)   The per diem amount paid to an employee for jury duty shall be turned over to the Town of Monon Clerk-Treasurer. The employee shall keep mileage compensation.
   (D)   Either the Town of Monon or the employee may request an excuse from jury duty, if in the town's judgment, the employee's absence would create serious operational difficulties.
   (E)   Jury duty pay will be calculated on the employee's rate of pay times the number of hours the employee would otherwise have worked on the day of absence.
   (F)   The Town of Monon encourages employees to appear in court for witness duty when subpoenaed to do so. If employees have been subpoenaed or otherwise requested to testify as witnesses by the town, they will receive full pay for the entire period of witness duty. Other court appearances will require use of vacation days or compensatory time. Employees are expected to report for work whenever the court schedule permits.
(Ord. 2022-13, passed 12-21-2022)
§ 33.066 FAMILY MEDICAL LEAVE ACT (FMLA).
   (A)   The town shall comply with all regulations as described in the Family and Medical Leave Act (FMLA) of 1993 including all subsequent revisions. This policy serves as a general description of employee's FMLA rights; therefore, in the event a conflict arises between this policy and applicable law, employees shall be granted all such rights allowed by law. Town of Monon shall adhere to the "General Notice Requirements" prescribed by the Department of Labor through the following actions:
      (1)   Posting required FMLA information explaining provisions of the Act and procedures for filing complaints of violations of the Act with the Wage and Hour Division of the Department of Labor. This information shall be posted prominently where it can be readily viewed by employees and applicants for employment; and
      (2)   Providing this general notice to each town employee by including the notice in the Personnel Policies Handbook or other written guidance to employees concerning employee benefits and leave rights. The general notice may be distributed electronically as deemed appropriate by the Town of Monon.
   (B)   Any full-time employee who has been employed by the Town of Monon for at least 12 months and who has provided at least 1,250 hours of service, shall be given up to 12 unpaid work weeks of leave during any 12-month period. This time would be used to recover from a serious health condition, care for a newly born or adopted child, or care for a spouse, parent or child who is suffering from a serious health condition.
   (C)   A serious health condition is an illness, injury, impairment or physical or mental condition, involving either inpatient care or continuing treatment by a health care provider.
   (D)   An employee may take leave for the birth or placement of a child only within 12 weeks of that birth or placement, and an employee must provide 30 days advance written notice before the date on which the leave would begin. If the employee is unable to provide 30 days written notice, he or she must provide "such notice as is practical".
   (E)   The employee must use their paid vacation and/or sick leave, during the 12 week period, to be paid bi-weekly according to the employee's normal work scheduled hours until exhausted.
   (F)   The employee desiring to take leave due to his/her own or a family member's serious health condition must provide certification of the condition from a health care provider including the following:
      (1)   The date on which the serious health condition in question began.
      (2)   The probable duration of the condition.
      (3)   Appropriate medical facts regarding the condition.
      (4)   A statement that the employee is needed to care for the family member along with an estimate of how long the care will be required, or a statement that the employee is unable to perform his/her duties because of the serious health condition.
   (G)   Failure to return from FMLA without written authorization from the town will be considered a voluntary resignation.
(Ord. 2022-13, passed 12-21-2022)
§ 33.067 AMERICANS WITH DISABILITIES ACT (ADA).
   (A)   It is the policy of the Town of Monon that qualified individuals with disabilities are not excluded from participating in or benefitting from the services, programs, or activities of the town.
   (B)   It is the policy of the town not to discriminate against a qualified individual with a disability in job application procedures; the hiring, advancement, or discharge of employees; employee compensation; job training; and other terms, conditions, and privileges of employment. It is the intent of this town to comply with all applicable requirements of the Americans with Disabilities Act (ADA).
   (C)   If a person is not able to perform the essential functions of a job, even with reasonable accommodation, then the person is not qualified for the position.
   (D)   The town will reasonably accommodate persons within the requirements of the law. Such reasonable accommodation may include making facilities readily accessible to individuals with a disability, restructuring jobs, modifying work schedules, modifying equipment, or other similar accommodations.
   (E)   Accommodation may not create undue hardship for the town or other employees. An individual who cannot be reasonably accommodated for a job, without undue hardship, will not be selected for that position.
   (F)   All employees are required to comply with safety standards. Applicants who pose a direct threat to the health or safety of other individuals in the workplace, which threat cannot be eliminated by reasonable accommodation, will not be hired.
   (G)   Current employees who pose a direct threat to the health or safety of the other individuals in the workplace will be placed on appropriate leave.
   (H)   Disabled individuals cannot pose a direct threat to the safety of themselves or others. Generally, a "direct threat" means a significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation.
   (I)   Benefits provided to disabled individuals who are qualified to perform the work are not different from the benefits provided to other employees.
   (J)   Members of the public, including individuals with disabilities and groups representing individuals with disabilities, are encouraged to submit suggestions to the Town of Monon ADA Coordinator on how the town might better meet the needs of individuals with disabilities pursuant to this policy.
(Ord. 2022-13, passed 12-21-2022)
§ 33.068 WORKER'S COMPENSATION.
   All on-the-job injuries must be reported to the department head or Clerk-Treasurer immediately. If a full- time employee is injured while performing his/her job for the Town of Monon, an Incident Report must be filed with the Clerk-Treasurer within 24 hours of the injury. There is a seven calendar day waiting period required by Worker's Compensation before benefits are paid. If an employee is off 21 calendar days or longer, Worker's Compensation will then pay the employee for the seven day waiting period. If the employee is off less than the 21 days, the town will then pay the employee for the days regularly scheduled to work in that seven day waiting period after the employee returns to work.
(Ord. 2022-13, passed 12-21-2022)
§ 33.069 WORKPLACE SAFETY.
   (A)   All employees are responsible for maintaining a safe workplace. Employees must consider safety as an essential aspect of their job. Specific rules vary from job to job. The following rules apply to all jobs and have been established for employee protection:
      (1)   Use safety equipment and follow the safety procedures for each job.
      (2)   If an injury or illness occurs while on the job, employee must notify the department head or Clerk-Treasurer. All injuries, no matter how slight, must be reported at once. In any case, employee should never treat their own, or another employee's injury, nor remove foreign particles from the eye.
      (3)   If an employee desire to leave work before the end of a scheduled workday because of illness or injury, the employee is to notify the department head immediately.
      (4)   Report immediately any unsafe acts, hazards, equipment, or condition, which is a safety hazard. Before starting any job, employee should be sure they understand the job and the hazards involved.
      (5)   If treatment is required for an injury, notify the Clerk-Treasurer so that proper OSHA (Occupational Safety and Health Administration) records can be maintained.
      (6)   Aisles, passageways, and floors shall be kept clean, dry, in a sanitary condition and free from stumbling and tripping hazards always.
      (7)   Guards and other safety devices are installed for employee protection. Do not remove them except for maintenance purposes and replace all guards before starting equipment. Never tie down or block guards on machinery. Federal law requires guards. These guards are there for employee protection and safety.
      (8)   Before doing any type of work on moving machinery, it must be stopped and disconnected from electrical source to prevent accidental start-up.
      (9)   Before using any ladder, employee must see that it has good safety feet and is free from cracks, broken rungs, and other defects. When necessary to prevent slipping, employee should have another worker hold the bottom of the ladder.
      (10)   Do not attempt to lift or push objects that may be heavy. ASK FOR HELP when needed.
      (11)   Shut down machines before cleaning, adjusting or repairing.
      (12)   Never use defective tools such as chisels, sledgehammers, punches, wrenches, etc.
      (13)   Replace or ensure that defective tools are repaired.
      (14)   Know the location of the nearest fire extinguisher in employee vehicle or work area.
      (15)   Do not wear gloves, ragged, or loose clothing around moving equipment.
      (16)   If working where there are heavy fumes or dust, make sure there is proper ventilation.
      (17)   If someone is working carelessly and is liable to be hurt, warn him/her about it and advise him/her to work carefully.
      (18)   Do not make electrical repairs unless employee is qualified to make those repairs. Make sure all power is off. Never touch any loose or broken electrical wires.
      (19)   Pay attention to warning signs, they indicate danger.
(Ord. 2022-13, passed 12-21-2022)
§ 33.070 GROUP MEDICAL AND LIFE INSURANCE.
   (A)   The town reserves the right to change, alter, modify, or cancel the insurance plan coverage with or without notification. Group medical and life insurance for all full-time employees will take effect after the 90-day probationary period. The Clerk-Treasurer will be eligible for insurance benefits upon taking office.
      (1)   Employee paid premiums:
         (a)   Employee only: $82.24/month.
         (b)   Employee and child(ren): $155/month.
         (c)   Employee and spouse: $180.32/month.
         (d)   Family: $249.10/month.
      (2)   Town paid premiums:
         (a)   Employee only: $885.26/month.
         (b)   Employee and child(ren): $1,668.50/month.
         (c)   Employee and spouse: $1,941.18/month.
         (d)   Family: $2,681.40/month.
      (3)   Employees will only be allowed to carry coverage on a spouse if the spouse is not employed, or the spouse is employed but spouse's employer does not offer health insurance. The town will cover dependents up to 26 years of age with health insurance. employees shall provide proof of full-time schooling to the Clerk-Treasurer's office every semester.
   (B)   For any dependent(s) over 26 not in school, premium will be paid 100% by the employee.
(Ord. 2022-13, passed 12-21-2022)
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