AGENDA MEMORANDUM

 

 

Meeting Date:           May 14, 2007

 

From:                          Jay M. Evans, Interim City Manager

 

Subject:                      Resolution Amending Leesburg Personnel Policy 211(f) Regarding Mandatory Rest Period

 

 

Staff Recommendation:

Staff recommends approval of the Resolution amending Personnel Policy 211(f).

 

Analysis:

Policy 211(f), known as the “Rest Time Policy”, currently requires an employee who works 16 hours in a 24-hour period to leave the job and rest for 8 hours.  This policy is an effort to provide some measure of safety to our employees who may be called upon to work extraordinary hours during natural disasters, utility service disruptions, and other unanticipated events.

 

Though the current policy is a step in the right direction, it does a fairly poor job of keeping our employees safe under many conditions.  Where the current policy focuses on limiting the number of hours an employee works in a 24-hour period, the policy does not address or preclude sleep deprivation that is often caused by disruption to an employee’s normal sleep schedule as a result of call-back or even some scheduled (yet irregular) work hours.  Employees normally sleep during the eight (8) hours that occur between nine (9) hours ahead of their normal start time and (1) hour ahead of their normal start time.  Having those hours disrupted by work can lead to mental and physical fatigue that may jeopardize employee safety, even when they work less than 16 hours in a 24-hour period.

 

For example, an employee who is “on-call” may work a normal 8:00 a.m. to 5:00 p.m. shift, only to be called back to work at midnight to restore utility service.  If that employee works until 6:00 a.m., they will only have had approximately 1 hour of sleep before they must be awake and reporting to work again at 8:00 a.m. the next morning.  In this case, the employee only works 14 hours in a 24-hour period, and so the current Rest Time Policy is of no benefit.  Since most on-call work is scheduled in one-week blocks, something similar could happen to the employee the very next night, with no relief provided by City policy.  This situation is potentially dangerous.

 

The proposed policy change would allow the employee one half hour of sleep time for each full half hour that is worked during their “Normal Sleep Time”.  Normal Sleep Time is defined as the eight (8) hours that occur between nine (9) hours ahead of their normal start time and one (1) hour ahead of their start time.  If you consider a standard 8:00 a.m. to 5:00 p.m. work shift, this targets the hours between 11:00 p.m. and 7:00 a.m.  In any event, an employee who works 16 hours in a 24-hour period is still required to take rest time.  Consistent with the current policy, the employee will not lose compensation because they are required to take rest time.  The proposed policy does not grant rest time to employees who are called in within 2 hours of their scheduled start time.

 

The Personnel Committee reviewed the proposed policy May 7, 2007 and by a vote of 5-0 recommended approval.

 

Options:

1.  Approve the proposed amendment to Policy 211(f); or

2.  Such alternative action as the Commission may deem appropriate

 

Fiscal Impact

Positive fiscal impact will come in the form of unrealized workman’s compensation losses, and associated losses in productivity.  Negative fiscal impact will come in the form of lost productivity, as employees are allowed to rest during what would normally be productive hours. 

 

The payroll system will be modified to provide a separate time code for rest time hours.  This will allow periodic review of the policy’s effectiveness and fiscal impact.  Fiscal impact will be reported to the Commission after the policy has been effective for 90 days.

 

 

 

 

 

 

 

 

Submission Date and Time:    5/11/2007 1:48 PM5/9/2007 1:35 PM____

 

Department: Executive

Prepared by:  Jay M. Evans

Attachments:         Yes__X__   No ______

Advertised:   ____Not Required ______                     

Dates:   __________________________                     

Attorney Review :       Yes___  No ____

                                                

_________________________________           

Revised 6/10/04

 

Reviewed by: Dept. Head ________

 

Finance  Dept. __________________                                     

                              

Deputy C.M. ___________________                                                                         

Submitted by:

City Manager ___________________

 

Account No. _________________

 

Project No. ___________________

 

WF No. ______________________

 

Budget  ______________________

 

Available _____________________

 


RESOLUTION NO._______________

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA, REVISING AND ADOPTING PERSONNEL POLICY 211(F) REGARDING THE MANDATORY REST PERIOD; AND PROVIDING AN EFFECTIVE DATE.

 

BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA:

 

            THAT the following amendments are made to Personnel Policy 211(F).  Additions are shown underlined, and deletions are shown in strikethrough.

 

Policy 211(F)

Mandatory Rest Period

Employees shall not be permitted to work more than sixteen (16) total hours in a 24 hour period, except in extreme emergencies and under the direction and approval of the department head.  For the purpose of this policy, the 24 hour period will begin at the employee’s typical starting time (or if none, then at the time the employee actually began working) and end twenty-four (24) hours later (which would normally be the next day’s typical starting time).  Having completed sixteen hours of work, it is expected that the employee will be released for eight (8) consecutive hours of rest.  If this rest period overlaps the employee’s next regularly scheduled work shift, the employee may be required to flex their regularly scheduled work hours or alternatively they may receive their regular compensation for the hours of work that are missed, at the discretion of the department head.  If it becomes impossible to flex these hours within the same work week (as defined by FLSA), because the call-out occurs late in the week, the employee will not be permitted to lose compensation and must be paid their regular compensation for the hours of work that are missed.

 

Sleep Safety

Normal Sleep Time – “normal sleep time” is defined as beginning nine (9) hours before an employee’s scheduled start time and ending one (1) hour before the employee’s scheduled start time.

 

Employees who are required to work during the normal sleep timeshall be released for one half hour of rest time for each full half hour worked during the normal sleep time. The rest time hours shall be served consecutively and uninterrupted.  The employee will not lose compensation because they are required to rest during scheduled work hours.  Any rest time hours that overlap the employee’s scheduled work shift shall be paid hours at the regular hourly rate, and shall be counted as “hours worked” for the purpose of overtime calculation.

 

The employee is not paid for rest time during what would normally be a lunch break. 

 

If the employee is called back within the 2 hours before the scheduled start time, then no rest time shall be given.  The rest time shall normally begin at the beginning of the scheduled work shift, or at the conclusion of the employee’s role in the event that caused the employee to be called back, whichever is later.  In some situations, it may be more beneficial to the employee to continue working and push the rest time to the latter part of the shift (to leave work early), provided that the employee has had enough rest to carry them to that point.  This option requires the approval of the department head or their designee. 

 

If an employee is given at least 12-hour notice that their regularly scheduled start time will be changed (such as for a special assignment), then the employee’s new start time will be the “scheduled start time” for the purpose of this policy.   No rest time shall be given just because an employee is required to work irregular hours, provided the employee is given ample opportunity (normal sleep time) to sleep in advance of a shift.  No rest time shall be given for hours worked during the normal sleep time that precedes a holiday, unless the employee was scheduled to work the holiday.

 

Whereas an employee may be required to work long hours where there is no conflict with “normal sleep time” (as defined above), employees shall be limited to working no more than sixteen (16) hours in a 24-hour period, except in extreme conditions and with the approval of the department head. 

 

Employees utilizing rest time must ensure that their supervisor is notified in advance that they will need to take rest time.

 

         Examples:

1) An employee who normally starts their day at 8:00 a.m. is called back to work from midnight to 3:45 a.m. prior to a regular shift.  The employee need not report to work until 11:30 the next morning, and will be paid for the time from 8:00 a.m. to 11:30 a.m.

 

2) An employee who normally starts at 8:00 a.m. is called back at 6:00 a.m. and works through the normal start time.  No rest time is provided. 

 

3) An employee who normally starts at 8:00 a.m. is called back at 3:00 a.m. and works until 8:45 a.m. on the event that generated the call back.  The employee shall rest for 4 hours (because the hours between 3:00 a.m. and 7:00 a.m. were disrupted), beginning at 8:45 a.m.  The employee goes home and rests and does not return to work until 12:45 p.m. (or 1:00 p.m. if that is the normal end of the lunch break).  The employee is paid their regular wage while on rest time.  The employee is not paid for what would normally be a lunch break (ie: If the normal lunch break is at noon, the employee would only be paid for 3.25 hours while resting).

 

             THAT this resolution shall become effective at 12:00 a.m. Saturday, May 26, 2007.

 

PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a regular meeting held the __14th___ day of __May_______ 2007

 

 

                                                                            __________________________

                                                                             Mayor

ATTEST:

__________________________

City Clerk