2376 ORDINANCE NO. 3 76.
AN ORDINANCE TO AMEND THE PERSONNEL MANUAL OF THE CITY
OF WEST MEMPHIS, ARKANSAS, REGARDING WORKER'S
COMPENSATION, FAMILY MEDICAL LEAVE,AND PERSONAL LEAVE
BENEFITS FOR CITY EMPLOYEES,AND FOR OTHER PURPOSES.
WHEREAS, the City Council of the City of West Memphis desires to amend the Personnel
Manual of the City of West Memphis, Arkansas, regarding the provisions for worker's
compensation, family medical leave, and personal leave benefits for city employees;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WEST MEMPHIS, ARKANSAS, THAT:
SECTION 1. Section 4.11 of the Personnel Manual of the City of West Memphis is
amended to read as follows:
4.11 Workers Compensation
All City employees are covered under the Arkansas State Workers' Compensation laws.
Any employee incurring an "on-the-job" injury should immediately notify their supervisor
who will arrange for appropriate medical treatment and prepare the necessary reports
required for the employee to be compensated. Rules and regulations concerning Workers'
Compensation have been posted on bulletin board of Human Resources and can be provided
to each department.
Drug and medical expenses incurred from such injuries will be paid within the limits of the
law.
The City will continue to pay the employee 100 % of their regular rate of pay, for up to
seven (7) calendar days following the date of the injury providing a medical certificate is
furnished the City that the employee is unable to perform their assigned duties.
In the event the disability extends beyond this seven (7) calendar day period, Worker's
Compensation should begin. The City will continue to pay the employee the difference
between their Worker's Compensation pay and 90% of their regular salary for a period of up
to, but not exceeding, three (3) months, from the date of the accident. If the employee is still
unable to return to work, the City will pay the employee the difference between their
Worker's Compensation pay and 80% of their regular salary for an additional three (3)
months. The employee may not use sick or vacation time to supplement workers
compensation pay or for further absenteeism due to this disability. An employee on unpaid
leave will not be allowed to accrue employment benefits, such as vacation pay, sick leave,
pension, etc. However, employment benefits which accrued up to the day on which the
unpaid leave began will not be lost. The accrued amount will be prorated to the employee
when they return to work.
If a worker's compensation absence also qualifies for FMLA, the City's FMLA policy will
also apply.
The City reserves the right to temporarily assign the employee to duties, with the same rate
of pay, other than those being performed at the time the injury occurred, providing a
physician states, that it will not hinder recovery from the injury and the employee is expected
to recover sufficiently to perform their regular duties. If the physician states that the
employee is not expected to recover sufficiently to perform their regular duties, the
employee may be offered another vacant position at the pay scale set by the City Council for
the vacant position being offered.
The recovery period after the accident will be at the discretion of the attending physician.
However, the City reserves the right to have the employee examined, at any time, by a
physician of its choice.
SECTION 2. Section 4.12.1 of the Personnel Manual of the City of West Memphis is
amended to read as follows:
To be eligible for th FMLA benefits employees must: 1) be employed by the City for at least
one year; and 2) have worked 1,250 hours over the previous twelve (12) months preceding
the date of the leave is requested to begin. An employee returning from fulfilling his or her
National Guard or Reserve military obligation shall be credited with the hours of service that
would have been performed but for the period of military service in determining whether the
employee worked the 1,250 hours of service.
Employees are required to use accrued sick leave while on FMLA. The employee, at the
employee's option, may use vacation (annual) leave as part of family medical leave after all
sick time is used. Such paid leave (sick and vacation) status shall be included in the total of
the 12 weeks FMLA leave.
Human Resources (HR) will provide the necessary forms for requesting FMLA.
SECTION 3. Section 4.12.7 of the Personnel Manual of the City of West Memphis is
amended to read as follows:
During an employee's FMLA leave of absence, their health care benefits will continue. Both
the City and the employee will be required to pay the customary portions of the monthly
health premium. The employee's failure to pay their share of the premium may result in loss
of coverage. HR will advise the employee of the payment due dates. If the employee's
payment is more than 30 days overdue, the health care coverage will be dropped by the City.
Prior to dropping an employee from coverage for non-payment, HR will provide the
employee with at least 15 days' written notice before the date coverage is to cease.
If the employee clearly informs the City that they do not intend to work at the end of the
leave period, the City's obligation to provide health benefits ends. If the employee chooses
not to return to work for reasons other than a continued serious health condition which
would otherwise entitle the employee to FMLA leave or other circumstances beyond the
employee's control, the employee is required to reimburse the City the amount which it
contributed toward the employee's health coverage during the leave period.
For purposes of this section, an employee who returns to work, from FMLA leave, for at
least 30 calendar days is deemed to have a returned to work. In addition, an employee who
transfers directly from FMLA leave to retirement or who retires within the first 30 days after
returning from FMLA leave is deemed to have a returned work.
An employee on unpaid leave will not be allowed to accrue employment benefits, such as
vacation pay, sick leave, pension, etc. However, employment benefits which accrued up to
the day on which the unpaid leave began will not be lost. The accrued amount will be
prorated to the employee when they return to work. The use of FMLA leave (paid or
unpaid) will not be considered a break in service when vesting or eligibility to participate in
benefit programs is being determined.
Employees who fail to return to work on the first working day following the end of their
FMLA leave will be deemed to have terminated their employment with the City, unless the
employee otherwise notifies HR prior to the end of the FMLA leave and request additional
leave, such as personal leave without pay (refer to section 4.6).
SECTION 4. Section 4.6 of the Personnel Manual of the City of West Memphis is
amended to read as follows:
Employees of the City may be granted Personal Leave of Absence without pay if they do not
qualify for FMLA or other types of approved leave. Personal leave may be of"short term"
or"extended" duration but may not exceed six (6) months.
Short-term personal leave of absence without pay may be granted by the department head
and may not exceed seven (7) days. Extended personal leave of absence without pay may be
granted by the department head, with the Mayor's approval, for periods exceeding seven(7)
days but not exceeding six (6) months.
1. The employee must apply with Human Resources, in writing, at least thirty (30) days
prior to the time the requested leave is to begin.
2. A written agreement will be signed by both the employee and department head
setting forth the terms of the agreement. The Mayor must approve this agreement
before personal leave of absence without pay may be granted.
3. Failure to report promptly at the time specified in the agreement will be grounds for
dismissal.
4. The employee may, with the department head's approval, terminate his personal
leave prior to its expiration.
5. An employee may not accumulate vacation, sick leave nor accrue benefits under the
City's pension play during a leave of absence without pay. However, they may keep
their coverage under the group hospitalization plan in force by paying in advance to
the Personnel Department, the City and employee portion of the premiums and, if
applicable, the dependent premiums.
6. The employee shall, per the terms of the agreement, be reinstated to the same or
comparable position without loss of any of his rights unless the position is no longer
available because of budget reductions in staff in the department.
SECTION 5. All ordinances or parts of ordinances in conflict herewith are hereby repealed
to the extent of any such conflict.
PASSED AND APPROVED this .7242-bday of Afii2 t lr. , 20 /5:
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WILLIAM H. JO SON, MAYOR
ATTEST:
' IL' • 'ARA, CITY CLERK
SPONSORED BY:
RECEIVED
( :clerk's Office
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