RESPONSIBLE CITY
AGENCY: Division of Human
Resources
KEYWORDS: Employment, type, status, at will,
appointed, part time, full time, seasonal, intern, exempt, non-exempt,
telecommuting.
1. General
1.1
Regular full-time employees are eligible for the City's benefits package,
subject to the terms, conditions, and limitations of each benefit program and to
each employee's election to participate in specific benefit
programs.
1.2
Regular part-time employees are eligible for some benefits sponsored by Salt
Lake City, subject to the terms, conditions, and limitations of each benefit
program and to each employee's election to participate in specific benefit
programs.
1.3
Regular full-time and regular part-time employees are selected through an open
competitive process.
1.4
Part-time and seasonal employees and interns are only entitled to benefits
required by federal, state, or municipal law.
1.5
Regular full-time and regular part-time employees are subject to a probationary
period to determine if further employment with the City is appropriate.
The duration of the probationary period is designated when vacancies are
filled.
1.6 At
their discretion, supervisors may extend probationary periods due to job cycle
requirements or performance problems or goals. Such extensions shall not
exceed 60 days, and must be made in writing not later than 30 days prior to the
conclusion of the original probationary period. This provision does not
apply to Civil Service employees.
1.7
Regular full-time and regular part-time employees are entitled to bidding rights
as specified in applicable memoranda of understanding or Division of Human
Resources procedures approved by the Attorney's Office.
1.8 At will positions are:
A.
Executive employees who report directly to the Mayor or a Department
Director;
B.
Unclassified Employees;
C.
Part-time and seasonal employees; and,
D.
Regular employees who have not yet completed their probationary
period.
1.9
Definitions:
A.
Regular full-time: Employees whose positions regularly require 40 hours per week
on a full-time schedule.
B.
Regular part-time: Employees whose positions regularly require 20 hours or more
but less than 40 hours per week.
C.
Part-time or hourly: Employees whose positions require less than 20 hours per
week.
D.
Seasonal: Employees who work during a specific season, as defined by the
department, equal to or less than eleven months in duration.
E.
Intern: Students working for the City through a recognized university or college
for a specified period of time, as defined by the department.
F.
Exempt/Non-exempt: Employees "exempt" or "non-exempt" from the payment of
overtime in accordance with the Fair Labor Standards Act.
G.
Probationary period: The period of time that an employee serves as part of the
hiring process before career service or civil service status is granted to the
employee. For career service employees this period is 180 days. For
civil service employees, the length of probationary periods is determined by the
Civil Service Commission.
H.
Telecommuting: A work arrangement in which the workplace is located, at
least part of the time, at an alternative location such as an employee's
residence.
2. Telecommuting
2.1 A
supervisor may authorize telecommuting when it works to the mutual benefit of
the City, the employee, and the City's customers. However, employees do
not have an entitlement to such a work arrangement.
2.2
Non-probationary full-time or part-time employees are eligible to apply for a
telecommuting arrangement. The following criteria will be
considered:
A.
The nature of the work requires minimal face-to-face interaction or can be
scheduled to permit telecommuting.
B. There is minimal need for specialized equipment or materials. Depending on the nature of the job and availability of funds, departments may provide necessary equipment for telecommuting. However, City-provided equipment and software is not an entitlement of telecommuting.
C.
The employee's job is not dependent upon location of the work place and has
tasks and deliverables that can be clearly defined, measured, and monitored at
other than the traditional work site.
D.
The employee's absence from the office is not detrimental to the productivity of
the work group.
E.
The employee's performance regarding attendance, productivity, and
self-direction merit consideration.
2.3
Supervisors may use telecommuting as a flexible workplace arrangement to assist
disabled workers or to help employees who are on medical leave or who are
injured on the job and on Worker's Compensation to return to work.
2.4
Individual tax implications, auto/homeowners' insurance, and incidental
residential utility costs are the responsibility of the employee.
2.5 Work
hours do not change as a result of telecommuting and all requirements of the
Fair Labor Standards Act that apply at the regular work site also apply when
employees telecommute.
2.6
Employee productivity must remain the same or increase as a result of
telecommuting in order to maintain telecommuting status.
2.7
Supervisors authorizing telecommuting must ensure the work arrangement allows
for adequate and regular contact between telecommuting employees and their work
groups.
2.8
Telecommuters who work at home will manage dependent care and personal
responsibilities in a way that does not interfere with pre-scheduled work hours
and job responsibilities.
2.9 The
City has the same responsibility for worker's compensation injuries to the
employee within the defined alternative work space that it has at the employee's
regular work site. Likewise, the employee has the same responsibilities
for reporting job-related injuries as they do at the regular work
site.
2.10 The City
does not assume responsibility for injury to any persons at the employee's
alternative work site.
2.11 The
employee is responsible for maintaining an adequate and safe workspace at the
alternative work site. With reasonable notice and at mutually agreed upon
times during the employee's telecommuting work hours, the City may make on-site
visits for inspection of the work place.
2.12
Telecommuters are not excused from work in the event of an office closure or
emergency which excuses other employees from work. In the event of an
emergency or power failure that affects the alternate work site, the employee is
required to report to their regular office site.
2.13 Before
authorizing a telecommuting arrangement, the employee and supervisor must enter
into a written agreement which specifies hours worked and commits them to
providing programmatic data and measurements required by the City (see
Telecommuting Approval Procedure).
3. Exempt / Non-exempt
3.1 Non
exempt employees will be paid overtime as required
by applicable federal law
or as negotiated by approved bargaining units. Non-exempt employees must
correctly record all working time in order for the City to compensate them
accurately. Exempt employees are excluded from such overtime and recording
provisions.
3.2 Salt
Lake City is committed to compliance with the Fair Labor Standards Act.
Salt Lake City will not make deductions from exempt employees' salaries or
accrued leave time, except as permitted by applicable state and federal law,
including without limitation 29 C.F.R. § 541.602.
3.3 If
exempt employees believe deductions not in compliance with federal or state law
have been made from their paycheck, they may petition the Director of Human
Resources for review and determination of proper deductions. If this
review concludes that improper deductions were made, the employee will be
reimbursed for any improper deductions.
CURRENT
REFERENCES: Telecommuting Approval Procedure
Employment, Hiring and
Termination policy
Employee Services procedures
Fair Labor Standards Act
Family and Medical Leave Act
Compensation plans
Memoranda of Understanding
Civil Service Commission Rules and
Regulations
PRE-1995 REFERENCES:
INITIAL EFFECTIVE DATE: October 1, 1995
PREVIOUS
REVISIONS: May 6,
1996
May 28,
1996
September 7, 2004: Removed exempt deductions based on
new
FLSA guidelines; included language
regarding keeping accurate time records.
EFFECTIVE DATE OF
CURRENT REVISION (DATE APPROVED BY MAYOR): February 1, 2005- Changes made to
protect use of exempt status.