CHAPTER 1. ADMINISTRATIONCHAPTER 1. ADMINISTRATION\Article 4. Personnel Policy and Employee Benefits

The city hereby adopts the Employee Handbook attached to Ordinance No. 2189 as the official handbook of the City of Caney.

(Code 1988; Ord. 2189)

(a)   All regular full time employees of the City of Caney, Kansas, who have worked continuously for the City for a period of twelve (12) consecutive months shall, on January 1 of the year immediately following such twelve (12) consecutive month period of employment be entitled to the following number of vacation days corresponding to the period of years worked, immediately prior to the 1st day of January, as hereafter set forth:

 

Number of Years Worked            Number of Working Days of Vacation

1 to 2 years                                  2 weeks or 10 working days

3 years                                        12 days

4 years                                        13 days

5 years                                        14 days

6 to 9 years                                  15 days

9 to 18 years                                18 days

18 to 20 years                              20 days

20 years and above                      22 days

Said employees shall be paid at their regular salary or hourly rate during such vacation period, for such vacation days taken by each employee.

(b)   Employees of the City of Caney who have worked less than twelve (12) consecutive months as of January 1 of each year shall be entitled to 4/5ths of a working day vacation for each month worked prior to the date of crediting such vacation on January 1 of each year.

(c)   All vacation leave shall be credited to each employee at the beginning of each calendar year, and should be taken by the employee prior to the end of the year; provided, each employee may accumulate and carry over a maximum of ten (10) vacation days. Any accumulation in excess of this limit shall be forfeited by the employee.

(d)   Any and all vacations taken by regular employees of the City of Caney shall be taken at a time to be fixed by the head of the department in which said employee is working, or by the mayor in the event the employee is the head of his or her department.

(e)   Upon retirement, discharge, dismissal or other circumstances of separation of an employee from his employment with the City of Caney, such employee shall be credited with any unused vacation leave for the calendar year in which such employee retires, is dis­charged, dismissed or otherwise terminates his or her employment with the City of Caney, Kansas.

(f)   Time off work due to sickness or accident for which any employee is entitled to disability benefits under the provisions of Sections 1-402 and 1-403 shall not be considered as an interruption in the work of such employee for the purpose of determining any vacation privilege schedule.

(Ord. 981; Ord. 998; Ord. 1092; Code 2000)

(a)   All regular full-time employees of the City shall be entitled to sick leave on full pay of one day for each calendar month of continuous employment, commencing on the first day of the month succeeding the date of initial employment, and any such leave accrued but unused in any year shall be cumulative for succeeding years up to a maximum of 60 working days.

(b)   Each day an employee is away from work on sick leave, time shall be deducted from such employee’s accumulated sick leave time. Thus, an employee with an accrued sick leave of 60 days who used six (6) sick leave days, will have 54 days of sick leave left.

(c)   Sick leave pay exceeding more than two (2) consecutive days shall not be allowed to any employee unless such employee shall furnish to the head of the employee’s department a certificate signed by some licensed doctor actively practicing his profession to the effect that the employee’s sickness is of such nature and extent as to prevent such employee from performing the duties of his employment. Such physician’s certificate must be filed within six days of the commencement of the sickness; provided that the governing body may, for good cause in any particular case, waive the filing of a medical certificate or extend the time of its filing. The medical certificates shall be filed with the City Clerk. Any sick leave taken or any attempt to take such leave without just cause shall forfeit any and all accrued sick leave.

(d)   An employee eligible for sick leave with pay shall be granted such leave for: (1) Personal illness or physical incapacity, subject to the provisions of subsection (c) above; (2) Enforced quarantine of the employee; (3) Sickness in the immediate family when leave is approved by the department head or Mayor; Provided such leave shall not exceed 1 day unless approved in advance by the City Council; (4) Death of a member of the immediate family when the leave is approved by the department head or Mayor. Accidental injury arising out of and in the course of employment is covered by this section.

(e)   No sick leave may be taken by any employee in connection with any vacation period, unless such shall be specifically allowed by the governing body.

(f)   Absence for a part of a day that is chargeable to sick leave in accordance with these provisions shall be charged proportionately in an amount not smaller than one-half (1/2) day.

(g)   Sick leave time shall not be allowed for any sickness or injury caused by the employee’s own misconduct. In any case where it appears to the head of the department or to the governing body that the sickness or injury of any employee was caused by the employee’s own misconduct, the department head shall report the facts know to him to the governing body and the governing body shall investigate the cause of such sickness or injury and the decision of the governing body on the question of misconduct shall be final.

(h)   Employees, upon their retirement, discharge, dismissal or other circumstances of separation from their employment with the City, shall not be entitled to payment for unused accumulated sick leave.

(i)    Sick leave time and benefits as hereinbefore set forth shall be retroactive to the date of employment on the date of the approval and passage of this article in respect to any sickness or injury commencing or occurring subsequent to the date of the passage of this article.

(Ord. 996; Ord. 998; Code 2022)

(a)   All Regular full-time employees of the City who, on account of physical disability to work by reason of accidental injury arising out of and in the course of employment by the City, shall be entitled by accident leave on full pay for one day for each calendar month of continuous employment, commencing upon the date of his employment; such accident leave time on full pay to be cumulative until a maximum of ninety (90) days of such accident leave time has been accumulated.

(b)   Each day any employee is away from work on accident leave time shall be deducted from his accumulated accident time.

(c)   An accidental injury arising out of and in the course of “employment” as used herein means an injury for which the employee would be entitled to draw compensation under the Workmen’s Compensation law of the State of Kansas.

(d)   No accident leave time shall be allowed unless such accident is reported by said employee to his department head and an official report of such accident is made by said department head; provided that the governing body may, for good cause, waive either report.

(e)   No accident leave time of more than two (2) consecutive days shall be allowed unless the employee shall furnish to the head of his department a certificate by some licensed doctor actively practicing his profession to the effect that the employee’s accidental disability is of such a nature and extent as to prevent such employee from performing the duties of his employment. Such physician’s certificate must be filed within six days after the accident; provided that the governing body may, for good cause in any particular case, waive the filing of a medical certificate or extend the time of its filing. The medical certificates shall be filed with the City Clerk.

(f)   Full pay accident leave as used herein shall, in reference or accidental injury arising out of and in the course of employment, mean full wages or salary, exclusive of overtime, of the employee, less any amounts, exclusive of medical and hospital care, received by such employee as compensation under compensation insurance, the premiums for which have been paid by the City.

(g)   Accident leave time and benefits as herein before set forth shall be retroactive to the date of employment of all regular full time employees employed by the City on the date of the approval and passage of Ordinance No. 998 in respect to any accident occurring subsequent to the date of the approval and passage of this article.

(Ord. 998; Code 2022)

(a)   From time to time, the governing body may designate official holidays and floating holidays (personal days) for city employees and Caney Market employees.

(b)   In the event a department head shall require any regular city employee to work on a legal holiday, said employee shall be paid 1 1/2 times his or her regular pay for such time actually spent working on the legal holiday in addition to such employee’s regular holiday pay, except as otherwise provided herein.

(c)   If a legal holiday falls on a Saturday or Sunday, regular city employees shall be allowed the preceding Friday (if on Saturday) or the following Monday (if on Sunday) off without loss of regular pay. In the event a department head shall require any regular city employee to work on any such Friday or Monday, said employee shall be paid 1 1/2 times his or her regular pay for such time actually spent working on such Friday or Monday in addition to such employee’s regular pay for such day, except as otherwise provided herein. In the event a department head shall require any regular city employee to work on any Friday preceding (if on Saturday) or Monday following (if on Sunday) a legal holiday, and the legal holiday itself, said employee shall be paid at his or her regular rate of pay for such time actually spent working on such legal holiday and shall be paid 1 1/2 times his or her regular pay for such time actually spent working on such Friday or Monday, except as otherwise provided herein.

(d)   Any regular city employee who is absent without leave either the day before or day after a legal holiday, personal holiday or Friday preceding (if on Saturday) or Monday following (if on Sunday) a legal holiday shall not receive his or her regular holiday pay for that legal holiday.

(e)   Section (c) shall not apply to any police department personnel.

(Ord. 967; Ord. 998; Ord. 1042; Ord. 2053; Code 2022)

(a)   In computing eligibility for overtime pay, all sick leave, accident disability or holiday benefits payable to a city employee shall be excluded from the computation of eligibility for overtime pay.

(b)   In the event an employee works eight (8) or more hours on a designated holiday, the employee shall be paid for the hours worked on the holiday as provided in Section 1-405 above, and for the remainder of the pay period, shall be credited only with the number of hours actually worked, and not the hours worked plus the equivalent number of hours of holiday benefit during which such employee actually worked eight (8) or more hours, occurring such during pay period. In the event an employee works less than eight (8) hours on a designated holiday, the employee shall be paid for the hours actually worked on such holiday at the rate set forth in Section 1-405 above, but, for the purpose of computing overtime pay for the remainder of the pay period, shall be entitled to receive credit only for the number of hours actually worked on such holiday and shall not be entitled to aggregate the number of hours worked on the holiday plus the full holiday benefit.

(c)   If an employee is called to work on a vacation day, the employee shall be paid in the same manner as Section 1-405 for work performed on a holiday, but otherwise computation of overtime shall be as provided in subsection (b) above.

(Ord. 998; Ord. 1013; Ord. 1022; Code 2022)

As a condition of employment city employees are required to reside within thirty (30) miles of the city limits of the City of Caney, Kansas; provided, exceptions to this requirement may be approved by the City Council, on a case-by-case basis, upon a showing of undue hardship to the subject employee, as determined in the sole discretion of the City Council.

(Ord. 2074; Code 2022; Ord. 2023-01)

(a)   The City of Caney, in accordance with the provisions of K.S.A. 12-16,102, as amended, does hereby establish an employee benefits contribution fund for the purpose of paying the City’s share of employee benefits prescribed by subsection (b).

(b)   The cost of employee benefits authorized for payment from the fund created by subsection (a) shall include the following: Employer contributions for social security, workers compensation, unemployment insurance, health care costs, employee benefit plans, and employee retirement and pension programs.

(Ord. 1028; Code 2022)