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Item C03 C.3 County �� � .�� �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS Mayor Michelle Coldiron,District 2 �1 `ll Mayor Pro Tem David Rice,District 4 -Ile Florida.Keys ��� � � Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting February 17, 2021 Agenda Item Number: C.3 Agenda Item Summary #7769 BULK ITEM: Yes DEPARTMENT: Employee Services TIME APPROXIMATE: STAFF CONTACT: Bryan Cook(305) 292-4537 N/A AGENDA ITEM WORDING: Approval of a Resolution to suspend section 7.01 C. of the Personnel Policies and Procedures Manual regarding loss of annual leave that exceeds the allowable maximum threshold amount for one year. Approval will result in the 'use-it-or-lose-if action not being applied to annual leave balances on April 1, 2021. The policy will reinstate as of April 1, 2022. Employees will need to reduce their balances to the maximum amounts by April 1, 2022, or will lose the amount over the maximum on that date. ITEM BACKGROUND: Approval of a Resolution to suspend section 7.01 C. of the Personnel Policies and Procedures Manual regarding loss of annual leave that exceeds the allowable maximum threshold amount, for one year. Approval will result in the'use-it-or-lose-if action not being applied to annual leave balances on April 1, 2021. The policy will reinstate as of April 1, 2022. Employees will need to reduce their balances to the maximum amounts by April 1, 2022, or will lose the amount over the maximum on that date. Due to the ongoing impacts of the COVID-19 pandemic, several employees have not been able to utilize vacation time throughout 2020 and into the first part of 2021. The BOCC approved Resolution 093-2020 at the onset of the pandemic to protect employee leave balances. Conditions affecting work scheduling have remained the same. Additionally, the county eliminated a number of positions and laid off a number of employees at the onset of the 2021 budget year, which has added to the inability for employees to schedule time off. Therefore, a number of employees face a loss of earned time as of April 1, 2021. This resolution will not impose the deadline specified in section 7.01 C. and employees will keep their annual leave and have it available for future use. The policy deadline would reinstate on April 1, 2022 and employees would need to reduce their leave balances to the maximums by that date, or then face loss of time in excess of the maximum allowable. PREVIOUS RELEVANT BOCC ACTION: April 2020 —BOCC approved Resolution 093-2020, waiving section 7.01 C. on annual leave rollover due to onset of the COVID-19 pandemic. Packet,Pg. 38 C.3 2018 —A similar situation occurred following Hurricane Irma in 2017-2018 where employees were not able to take annual leave because they were required to be engaged in emergency response and recovery work for an extended period of time. At that time, the BOCC approved a change to the Personnel Policies and Procedures Manual that raised the maximum allowable annual leave balances. The policy solved the `use-it-or-lose-it' concern at that time. While the solution was not the same as what is described in today's resolution, the BOCC voted to approve the measure with similar intent: to protect employee leave balances. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: Resolution to suspend 701C of the PPPM for 2021 Resolution 093-2020 Section 7.01 PPPM FINANCIAL IMPACT: Effective Date: April 1, 2021 Expiration Date: April 1, 2022 Total Dollar Value of Contract: N/A Total Cost to County: N/A Current Year Portion: N/A Budgeted: N/A Source of Funds: N/A CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: N/A If yes, amount: Grant: N/A County Match: N/A Insurance Required: N/A Additional Details: N/A REVIEWED BY: Bryan Cook Completed 01/14/2021 2:04 PM Pam Pumar Completed 01/21/2021 1:43 PM Packet,Pg. 39 C.3 Assistant County Administrator Christine Hurley Completed 01/28/2021 1:11 PM Cynthia Hall Completed 01/28/2021 1:27 PM Purchasing Completed 01/28/2021 1:56 PM Budget and Finance Completed 01/28/2021 2:02 PM Maria Slavik Completed 01/28/2021 2:20 PM Liz Yongue Completed 02/01/2021 3:21 PM Board of County Commissioners Pending 02/17/2021 9:00 AM Packet,Pg.40 C.3.a RESOLUTION NO. - 2021 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, SUSPENDING SECTION 7.01 C. OF THE PERSONNEL POLICIES N AND PROCEDURES MANUAL REGARDING EMPLOYEE FORFEITURE OF ANNUAL LEAVE IF NOT USED BY APRIL 1sTOF EACH YEAR. WHEREAS, County policy states that Annual Leave may be accumulated up to an amount each year. The amount varies based on an individual's weekly scheduled work hours, and that any time accumulated in excess of that amount as of April 1st, will be lost; and, WHEREAS, the County has been engaged in prevention and response efforts against the public health threat of the COVID-19 pandemic since on or about the middle of y February 2020; and, WHEREAS, some employees have not been able to schedule time off in order to reduce their vacation balances below the threshold because of the pandemic response and due to reduced staffing levels throughout County departments; and, WHEREAS, some employees are now facing a loss of unused Annual Leave due to section 7.01 C. of the Personnel Policies and Procedures Manual; and, WHEREAS, the Board of County Commissioners now wishes to not impose the loss of Annual Leave on employees whose balances exceed the maximum hours accrual threshold.; E NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY -- COMMISSIONERS OF MONROE COUNTY, THAT: N 1. Monroe County Personnel Policies and Procedures Manual section 7.01 C. which states, "Any time earned in excess of this amount as of April 1st each year will be CL lost," shall be suspended for 2021. CL CL 2. Any and all annual leave above the individual employee's maximum hours accrual threshold shall roll-over past April 1, 2021 and be available for use by the employee. 3. Section 7.01 C. shall apply in its entirety again as of April 1, 2022, such that annual leave in excess of the maximum hours accrual threshold as of April 1, 2022 will be lost, unless modified or changed by further BOCC action. 4. Individual employees are responsible for monitoring their own leave balances. c This Resolution shall be effective upon adoption. 0 1 Packet,Pg.41 C.3.a PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on February 17, 2021. Mayor Michelle Coldiron Mayor Pro Tern David Rice Commissioner Craig Cates Commissioner Mike Forster Commissioner Eddie Martinez (Attest) BOARD OF COUNTY COMMISSIONERS KEVIN MADOK, CLERK OF THE COURT OF MONROE COUNTY, FLORIDA By: By: As Deputy Clerk Mayor y c 0 N N c c c c z Packet,Pg.42 C.3.b RESOLUTION NO. 093 - 2020 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, SUSPENDING SECTION 7.01 C. OF THE PERSONNEL POLICIES AND PROCEDURES MANUAL WITH REGARDING EMPLOYEE FORFEITURE OF ANNUAL LEAVE IF NOT USED BY APRIL 11T OF EACH YEAR. WHEREAS, County policy states that Annual Leave may be accumulated up to an amount each year. The amount varies based on an individual's weekly scheduled work hours, and that any time accumulated in excess of that amount as of April 1 st, will be lost; and 0 WHEREAS, the County has been engaged in prevention and response efforts against the public health threat of Coronavirus Disease (COVID-19) since on or.about the middle of February 2020; and 0 WHEREAS, some employees had vacations scheduled during the month of March 2020 in order to reduce their vacation balances below the threshold; and WHEREAS, some employees canceled their vacations in order to work in support of the County's effort to protect against the pandemic and are now facing a loss of y unused Annual Leave due to section 7.01 C. of the Personnel Policies and Procedures 0 Manual; and 0 WHEREAS, the Board of County Commissioners now wishes to not impose the loss of Annual Leave on employees whose balances exceed the maximum hours accrual threshold.; 0 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, THAT: 1. Monroe County Personnel Policies and Procedures Manual section 7.01 C. which states, "Any time earned,in excess of this amount as of April 1 st each year will be CD lost," shall be suspended for 2020. 2. Any and all annual leave above the individual employee's maximum hours accrual threshold shall roll-over past April 1, 2020 and be available for use by the employee. 3. Section 7.01 C shall apply in its entirety again as of April 1, 2021, such that annual leave in excess of the maximum hours accrual threshold as of April 1, 2021 will be lost, unless modified or changed by further BOCC action. E 4. Individual employees are responsible for monitoring their own leave balances. Packet,Pg.43 C.3.b This Resolution shall be effective upon adoption April 15, 2020. Mayor Heather Carruthers Yes Mayor Pro Tern Michelle Coldiron Yes Commissioner Sylvia J. Murphy Yes Commissioner David Rice Yes Commissioner Craig Cates Yes BOARD OF COUNTY COMMISSIONERS OF MONROE Q'OU Y, FLORIDA By: • 7 CL CL t ai ";i(SEAL;: �AADO PLC 2i£ APPROVED FOR FORM AND CONTENT DEP CLERK MONROE COUNTY ATTORNEY'S OFFICE: Digitally signed y Cynthia " by Cynthia Hall y Hall Date:2020.04.17 11:57:26-04'00' 2 0 0 2 cv CD cV 0 0 0 �.I O � rr c Packet Pg.44 C.3.0 LEAVE WITH PAY SECTION 7 7.01 ANNUAL LEAVE o 0 A. ELIGIBILITY m All salaried employees with regular status working 20 hours or more per week shall earn and accrue annual leave with pay. Hourly employees will not accrue annual leave. B. ACCRUAL cv cv Annual leave for regular,employees shall be earned in accordance with the following table: Years of Hours of Leave Earned Hours of Leave Earned Continuous During Each Calendar During Each Calendar Service Month Month C U 40 HPW 37 1/2 HPW 1 through 3 years 4 hours per bi-weekly 3.75 hours per bi-weekly pay period pay period (13 working days per ear) (13 working days per ear) 4 through 10 years 5 hours per bi-weekly 4.75 hours per bi-weekly pay period pay period y 16 1 4 working days per 16.5 working days per ear c ( / g �'� p ( g �'� p year) � year) c 0 11 through 15 years 6 hours per bi-weekly 5.75 hours per bi-weekly pay period pay period (19 1/2 working days per (19.9 working days per year) year) C 16 through termination of employment 7 hours per bi-weekly 6.75 hours per bi weekly pay period pay period CL (22 3/4 working days per (23.4 working days per year) CL CL year) r®: Monroe County currently has a bi-weekly pay period system commencing at 12:00 a.m. Sunday, ending two Saturdays later at 11:59 p.m. There are 26 pay periods per year. Annual leave for employees working less than 40 hours per week, but more than 20 hours per week will be prorated according to the hours worked. E When there has been a break in employment of 48 hours or more, the employee, upon reinstatement or re-employment,will begin earning annual leave as a new employee. 45 Packet,Pg.45 C.3.0 Employees who are on leave without pay status for more than 8 hours during a pay period will not accrue annual leave for that pay period. C. 1. Annual leave may be used on a payday -to- payday basis as it is earned according to scheduling requirement and may be accumulated up to 60 working days with a maximum of 480 hours. Any time earned in excess of thi amount as of April 1" of each year will be lost. Individual employees are responsible for monitoring their owl 05 leave balance. 0 �5 .........................W For example: Average Hours worked per week Hours worked per day Maximum hours accrual 40 8 480 37.5 7.5 450 30 6 360 N CD 25 5 300 04 24 4.8 288 0 20 4 240 CL CL CL D. 1. All annual leave must be approved in advance by the applicable Department Head or the Assistant County Admini stator/County Administrator depending on the position held by the requesting employee. The employee U shall fill out his Leave Request Form and submit it to the Department Head, who has the right to deny an R employee's request for annual leave, if granting such leave at that time would be detrimental to County r- operations. Upon such denial, the employee may request the leave at another time. The Department Head is responsible for verifying that the employee does have sufficient accrued leave to cover the period of absence, and should return the leave request to the employee indicating approval or denial, within wo. seven (7) days of receipt of the request,unless a valid reason is given to the employee for the delay. C E. ANNUAL LEAVE PAY UPON SEPARATION If the payment of annual leave is approved by the County, computing said leave pay will be based on the employee's regular rate of pay and terms of separation. W Upon enrollment into DROP, all vacation time will be paid to the employee upon completion of the appropriate 405 76 payroll forms (Approved by BOCC June 10, 1998). > C F. RESTRICTIONS Annual leave may be used for any purpose; however,it is a privilege incident to County service and is not a right 0. and may only be used by the employee if taken prior to termination for cause or in accordance with these policies with the following restrictions: C" r®: 1. Annual leave may not be taken until accrued in accordance with these rules. 2. Employees will not accrue annual leave during a leave of absence without pay, a suspension or when the employee is otherwise in a non-paying status. � 3. Section 11.01-Resignations. 4. Employees who leave the County service without proper notice or who are terminated for just cause may be denied payment of accrued annual leave. 46 Packet,Pg.46