Adopted by Mayor & Board of Aldermen 10/7/98

1  Holidays Observed (Amended 12/13/05)*

The following days and such other days as the Board of Aldermen may designate, are holidays with pay for regular, full-time and permanent part-time Town employees.

New Years Day            January I
Good Friday                  Friday before Easter Sunday
Memorial Day               Last Monday in May
Independence Day     July 4
Labor Day                     First Monday in September
Thanksgiving               Fourth Thursday and Friday in November
Christmas                    December 25 and one additional day
Floating Holiday*        See Guidelines Below

When a holiday, other than Christmas Day, falls on a Saturday, the holiday will be observed on Friday.  If the holiday, other than Christmas Day, falls on Sunday, Monday shall be observed as a holiday unless otherwise amended by the Board of Aldermen.  When Christmas Day falls on a Saturday or Sunday, the preceding Friday and following Monday will be observed as holidays.

Floating Holiday

1) Holiday must be requested in writing by employee at least (2) two weeks prior to taking and subject to approval by the Department Head. Requests may be turned down for any specific day or time, if in the opinion and/or judgement of the Department Head, request would impair the department?s ability to adequately function and maintain an acceptable level of service in the community.

2) Requests will be approved on a first come, first serve basis. If several employees apply for the same day off in the same department, approval will be determined by the following method:

a) Number of employees that can be out of the department on any given day or hour;
b) Date and time request was made in writing;
c) Employee?s department seniority;
d) Employee?s hire date.

Employees not following the outlined procedure to schedule the floating holiday should:

1) Expect their request to be turned down, until procedure is correctly followed. 

2) Be required to substitute vacation time until correct procedure is followed.

Unscheduled and/or exception requests to the two-week notification approval will be evaluated on a case by case basis, and will require authorized written validation. 

Employees hired January 1, 2006 and thereafter would not be eligible to take the "Floating Holiday" until the six months probationary period is successfully completed.

Section 2       Holidays - When Work is Required

The Town recognizes that some employees are required to work on holidays to provide essential services to the citizens of the Town and that this hardship should be compensated.  Therefore, employees who work on designated holidays shall be given regular pay for the time worked on the holiday in addition to normal pay.  Actual hours worked on a holiday shall be recorded and included in determining total hours for the work week for the purpose of calculating overtime payments.

Section 3       Vacation Leave - Policy

Vacation leave shall be used for rest and relaxation, and may be used for unexcused absences due to adverse weather conditions or for other appropriate reasons.

Employees are encouraged to use vacation during each year.
Adopted by Mayor & Board of Aldermen 10/7/98

Section 4       Vacation Leave - Accumulation

 Length of Service Hours Earned  Days earned  Days Earned 
 Each Month  each month  Each Year

 0-5 years               6.67         .83       10

 5-10 years             8.00       1.00       12
 
 10- 15 years        10.00       1.25       15

 15-20 years         11.33       1.41       17

 20+ years             13.33       1.67       20

All full-time, regular and probational employees of the Town shall earn vacation leave at the following rate: 
Vacation leave may accumulate to a maximum of thirty (30) days.  When the maximum has been accumulated, all additional leave over thirty (30) days, must be taken by December 31st.  On January 1st the accumulated leave balance will be reduced back to the thirty (30) day maximum.  Vacation days reduced in excess of 30 days on January 1, will be transferred to the employee?s accrued sick leave benefits. Time taken off by employees using approved leave with pay, or receiving workers compensation benefits, shall be counted as time worked for the purpose of earning vacation leave.

Persons hired on or before the 15th of the month shall earn one-half day vacation leave for that month.  Those hired after the 15th of the month begin earning vacation leave on the first of the following month.

Probationary employees shall accrue vacation leave but are not entitled to take such leave until completion of the probationary period.  Permanent part-time employees will accrue vacation on a prorated schedule based on hours worked.

An employee may be advanced vacation leave with the approval of the Town Manager.

Section 5       Vacation Leave - Use and Reporting

Vacation leave may be taken as earned by the employee, subject to the approval of the department head, except in the case of a probationary employee.  Probationary employees may earn but may not take vacation leave during their six month probationary period.

All requests for vacation leave must be approved, in writing, in advance by the department head.  Minimum vacation leave that can be taken is in one-half day increments.
An employee will not be permitted to work for the Town at the same time he is on vacation leave.  Under no circumstances shall an employee be paid for accumulated or unused vacation leave while still in the employment of the Town.

Section 6      Adverse Weather Conditions

Town offices shall remain open for the full scheduled work day unless authorization for early closing or other deviation is received from the Town Manager.  All employees will be given, when possible, advance notice of any authorized early closing.  Employees who, of their own volition, leave work before an official early closing time has been announced will be required to use earned vacation for all unauthorized time taken.

Following severe weather conditions occurring during the night, it is the responsibility of each employee to report to work as soon as possible after the normal workday begins.  The employee must charge time away from work during adverse weather to vacation leave unless other specific arrangements are made with the Town Manager.  The Town Manager has the authority to alter the regular business day in the event of severe weather conditions.

Section 7      Transfer of Vacation Leave to Another Employee

Vacation time can be transferred to fellow employees under certain conditions on a voluntary basis, when a deserving employee is threatened with loss of income due to extended illness or a family crisis.  Transfer of time will require approval by the employee?s supervisor, and must be reviewed by the Town Manager and Human Resource Manager.  No employee may transfer more than one-half of their time to a deserving employee.  Time transferred/donated will be converted from the donating employee's dollar value to the receiving employee's dollar value in hours.  This is a voluntary program in which no employee will coerce any employee to donate vacation time.  Confidentiality between donor and recipient will be maintained.

Section 8      Vacation Leave - Payment of Leave Upon Termination of Employment

Upon termination of employment with the Town for whatever reason, an employee must have worked through the last day of the month of termination to earn vacation leave for that month.  At the time of an employee?s separation, any advanced vacation leave owed the Town shall be deducted from the employee?s final compensation.

Upon submission of a resignation, an employee shall be eligible to be paid for vacation leave accumulated to the date of separation, not to exceed the maximum thirty (30) days.

Section 9       Vacation Leave - Payment of Vacation Leave Upon Death

The estate of an employee who dies while employed by the Town shall be entitled to payment of all of the accumulated vacation leave credited to the employee?s account, not to exceed thirty (30) days.

Section 10       Sick Leave - Policy
 
Sick leave with pay is a privilege granted by the Town for the benefit of an employee when sick or when tending to an immediate family member who is sick.  ?Immediate family member? shall be defined as a spouse, parent, child, step parent, brother, sister, grand parent, grand child, daughter-in-law, son-in-law,  mother-in-law, or father-in-law of the employee or legal guardian.  As well as various combinations of half-brothers/sisters and legally adopted relationships that can be derived from the family members named herein.   Sick leave is also available when an employee has been exposed to a contagious disease when continuing to work could jeopardize the health of others.

Temporary employees are not entitled to earn sick leave.  Temporary employees must take leave without pay for days missed due to sickness.

Section 11       Sick Leave - Accumulation

Each regular and probationary employee shall earn sick leave at the rate of eight hours per month.  Employees hired on or before the fifteenth of the month earn one-half day sick leave for that month and those hired after the fifteenth of the month begin earning sick leave on the first of the following month.  Permanent part-time employees will accrue sick leave benefits on a pro-rated schedule, based on hours worked.

Time taken off by employees using approved leave, or time off under workers compensation, shall be counted as time worked for the purpose of sick leave accumulation.

There is no maximum accumulation for sick leave.  Unused sick leave may be applied toward retirement credit, at the rate of one month of credit for every twenty (20) days of unused sick leave, under the rules of the North Carolina Local Governmental Employees Retirement System.

Section 12        Sick Leave - Use and Reporting

Sick leave must be charged as used.  All employees shall be eligible to use sick leave as soon as it is earned.  Minimum sick leave that can be taken is one-half day.

Employees are required to notify their supervisors as soon as possible, but no later than two hours after the beginning of their regular work day, if they are unable to report to work due to illness.

Section 13        Sick Leave - Physician's Certification

For all absences due to illness extending beyond three days, a physician?s certificate providing proof the employee was unable to work due to illness or injury is required before returning to work. A physician?s certification regarding an employees ability to return to work after an illness or injury may also be required.  The Human Resources Department and/or department head has the authority to request the certification.  The Town Manager may require a doctor?s statement for any sick leave taken at his discretion.

Failure of an employee to provide requested proof shall constitute a reason for nonpayment of the days taken.  Such action may also be construed as grounds for further disciplinary action.

Section 14        Sick- Leave - Payment upon Separation

All sick leave accumulated by an employee shall end and terminate without compensation when the employee resigns or is separated from the Town, except as stated for employees retiring or terminated due to reduction in force.

Section 15        Transfer of Accrued Sick Leave to Another Employee

Sick leave benefits may be transferred to fellow employees under certain conditions on a voluntary basis, when a deserving employee is threatened with loss of income due to extended illness or family crisis.  Transfer of time will require approval by the employee?s supervisor and must be reviewed by the Town Manager and Human Resource Manager.  No employee may transfer more than one-half of their time to a deserving employee.  Time transferred/donated will be converted from the donating employees dollar value to the receiving employees value in hours.  This is a voluntary program in which no employee will coerce any employee to donate sick leave time.  Confidentiality between donor and recipient will be maintained.
 
Section 16        Authorized Absences with Pay

An employee may be granted leave with pay, with the prior approval of the department head, for the following reasons:
 
1) Absence not to exceed three work days in the case of a death in the immediate family. Immediate family for authorized pay shall be defined as spouse, child, mother, father, sister, brother, grandparent, grandchild, mother-in-law, and father-in-law.

2) Absence from the job for purposes of direct job-related training may be granted with the approval of the Town Manager.

3) Other such reasons that shall be recommended by the Town Manager and approved by the Board of Aldermen.

Section 17        Leave Without Pay

A regular employee may be granted a leave of absence without pay for up to 12 calendar months by Town Manager.  The granting of such leave is at the discretion of the Town Manager and does not have to be granted.  The employee may elect to use appropriate accrued leave before going on leave without pay status.  An employee will not be allowed to use leave without pay privileges for vacation purposes while maintaining his accumulated vacation leave.  He must use accrued vacation leave before requesting leave without pay. Leave without pay may also be used by the Town as a form of disciplinary action against employees who:

-take vacation leave without authorization; or
-do not notify their supervisors of the need to take sick leave.

The employee shall apply in writing to his department head and then to the Town Manager for leave without pay. The employee is obligated to return to duty within or at the end of the time determined appropriate by the Town Manager.  Upon returning to duty after being on leave without pay, the employee shall be entitled to return to the same or a similar position held at the time leave was granted including the same classification, seniority and pay.

If the employee decides not to return to work, the Town Manager should be notified immediately.  Failure to report at the expiration of a leave of absence, unless an extension has been requested and granted, shall be considered a resignation.

Section 18        Leave Without Pay - Retention and Continuation of Benefits

An employee shall retain all unused vacation and sick leave while on leave without pay, except in cases where leave without pay is requested for vacation purposes, then all accrued vacation leave must be used first.  An employee ceases to earn leave credits on the date leave without pay begins.

The employee may continue to be eligible for benefits under the Town?s group insurance plans, subject to any regulations adopted by the Board of Aldermen and the regulations of the respective insurance companies and FLMA guidelines.

Section 19        Workers Compensation Leave

An employee absent from duty because of sickness or disability covered by the North Carolina Workers Compensation Act may receive Workers Compensation benefits.

Upon reinstatement, an employee's salary will be computed on the basis of the last salary earned plus any increment or other salary increase to which the employee would have been entitled during the disability covered by Worker's Compensation.

Temporary employees will be placed in a leave without pay status and will receive all benefits for which they are eligible for under the Worker's Compensation Act.

Section 20        Military Leave

Employees entering active military duty shall have all job rights specified by the Vietnam Veterans Readjustment Act. Regular employees, not serving an initial probationary period, who are members of the National Guard or Armed Forces Reserve will be allowed up to 80 working hours per calendar year military training leave.  If such military duty is required beyond this period, the employee shall be allowed to take accumulated vacation leave or be placed in a leave without pay status.  While on guard duty, the employee will be paid the difference between military pay and the pay normally received from the Town.

While taking military leave, the employees leave credits and other benefits shall continue to accrue as if the employee physically remained with the Town during this period.

Employees serving a probationary period, and all part-time and temporary employees, must take leave without pay to serve any required duty.  Regular employees who are guardsmen and reservists have all job rights specified in the Veterans Readjustment Assistance Act.

Section 21        Civil Leave

Employees may be granted time off with pay for a reasonable amount of time to be established by the Town Manager at the beginning or end of their regular work day so that they may vote in national, state and local elections.  This leave is only available to employees whose normal work hours would not otherwise allow them an opportunity to vote.

Civil leave may also be granted when an employee is called for jury duty or as a witness in any civil or criminal legal proceeding.  The employee shall receive leave with pay for such duty during the required absence without charge to accumulated vacation.

When an employee?s obligation for jury or witness duty ends before the end of that employee?s normal workday, the employee is expected to return to work for the remainder of the workday.

While on civil leave, benefits and leave shall accrue as though on regular duty.
 
Exception-  An employee who is a principal in private litigation shall not be entitled to civil leave, but may take vacation leave or leave without pay for necessary court appearances with the approval of the Town Manager.

Section 22       Parental School Leave

A Town employee who is a parent, guardian, or person standing in loco parentis (in place of the parent) may take up to four hours of unpaid leave annually to involve him or herself in school activities of his or her child(ren).  This leave is subject to the three following conditions:

1) The leave must be taken at a time mutually agreed upon by the employee and the Town;

2) The Town may require the employee to request the leave in writing at least 48 hours prior to the time of the desired leave; and

3) The Town may require written verification from the child?s school that the employee was involved at the school during leave time.
Adopted by the Mayor & Board of Aldermen, 10/7/98

4) Paid leave (vacation time) taken by an employee to attend to school activities of his or her child shall count towards the fulfillment of this provision by the Town.

Section 23       Family and Medical Leave

Section 1  Policy

Pursuant to the Family and Medical Leave Act of 1993 (FMLA), the Town of Waynesville has enacted a policy to permit eligible employees who need to be away from work for a specific reason covered by the FMLA, up to 12 weeks unpaid FMLA leave according to the following procedure.

Section 2      Purpose

The purpose of the FMLA is to balance the demands of the workplace with the needs of families; to promote the stability and economic security of families; and to accommodate the legitimate interests of employers in a manner which promotes equal employment opportunity for men and women.

Section 3       Procedure

Reasons for which FMLA Leave may be taken.  Any eligible employee may be granted up to a total of 12 weeks of unpaid, job-protected family and medical leave during the 12 month calendar year for one of the following reasons: (See Section 17---Definition of 12 month calender year for the Town of Waynesville, Option # 4 of FLMA Federal Reg.)

Because of the birth of a son or daughter of the employee and in order to care for such son or daughter;

Because of the placement of a son or daughter with the employee for adoption or foster care;

In order to care for the spouse, or a son, daughter, or parent, of the employee, if such person has a serious health condition; or

Because of a serious health condition that makes the employee unable to perform the functions of the position.
Spouses who are both employed by the Town are entitled to a total of 12 weeks of FMLA leave (rather than 12 weeks each) for the birth, adoption or foster care of a child or for the care of a sick parent. ( A detailed copy of the Town?s FLMA Policy, including eligibility guidelines can be obtained upon request from the Human Resources Department).