Workplace Disciplinary Procedures

Disciplinary Action and Discharge

• Disciplinary action may be taken against an employee for just cause

Investigation Notification and Completion

• Employees under investigation must be notified in writing within 10 business days of the prompting incident
• Investigations must be completed within 9 months after the 10-day notice period
• Supervisor is defined as anyone who can take action without a higher-ranking officer's approval, based on disciplinary policies
• Management must inform the employee of proposed discipline within 45 days of completing the investigation
• Failure to meet these time frames creates a rebuttable presumption that bars disciplinary action, unless management shows good cause per Article 16, Section 8
• The 9-month investigation and 45-day discipline proposal time frames may be tolled under certain conditions:
  • Reasonably related disciplinary action is related to a criminal investigation
  • A change of investigator happens (only once)
  • Military leave
  • Worker's compensation leave
  • Acts of God
  • Extended leave per Article 45
• In these cases, management may issue action within specified time frames or notify the employee that time frames are tolled until the reason is resolved.
• If tolling leaves less than 60 days to complete the investigation, the County gets 60 days after tolling ends
• If tolling leaves less than 30 days to issue discipline, the County has 30 days after tolling ends

Discipline Effective Date and Grievance Procedures

• The effective date of discipline is when the employee signs written acknowledgment of the action or suspension
• Written disciplinary actions are not placed in personnel or permanent files until the grievance procedure is complete
• If the discipline is rescinded, it will be stamped as such and placed in file
• During promotions, disciplinary material in personnel files that are 2+ years old (or 1+ years for reprimands/counseling) will not be given to interview boards
• Discharge is considered a suspension without pay until Step 3 of the grievance procedure is done

Performance Review

• Employees are evaluated annually and periodically by immediate supervisors, with reviews at higher levels under special circumstances
• Employees can file grievances over performance ratings; these grievances cannot go to arbitration unless they involve an unacceptable rating/need for improvement for permanent employees, with management bearing the burden of proof
• Employees receive step increases on their anniversary or promotion dates, with those promoted within two pay periods receiving the next step increase
• Employees with unacceptable ratings or needing improvement will have their step increase rescinded and must reimburse the received amount over the same time frame; the increase remains rescinded until performance improves, and it will not be paid retroactively
• Employees, excluding probationary new hires, must work at least 6 months in a 1-year rating period to be accurately rated
• Employees working less than 6 months are not rated and are ineligible for annual step raises
• Employees denied a step raise, who later return to work for at least 4 months in that rating period and receive an "acceptable" rating, will get the annual step raise retroactively from their return date
• Probationary employees receive reviews upon completing the Recruit Academy or applicable training, and at 6, 8, and 11 months of continuous service
• The Fire Rescue Administrator and the Union President can amend this Article by mutual written agreement

Vacations: Amount of Vacation

• Employees with a 48-hour work week accrue annual vacation shifts based on seniority:
  • 1 year: 5 shifts
  • 2 years but less than 6 years: 6 shifts
  • 6 years: 6.5 shifts
  • 7 years: 7 shifts
  • 8 years: 7.5 shifts
  • 9 years: 8 shifts
  • 10 years and over: 8.5 shifts
• Employees with a 42-hour work week accrue annual vacation hours based on seniority:
  • 1 year: 105 hours
  • 2 years but less than 6 years: 126 hours
  • 6 years: 137 hours
  • 7 years: 147 hours
  • 8 years: 158 hours
  • 9 years: 168 hours
  • 10 years and over: 179 hours
• Other employees' vacation accrual is based on seniority:
  • 1 year: 13 days
  • 2 years but less than 6 years: 15 days
  • 6 years: 16 days
  • 7 years: 17 days
  • 8 years: 18 days
  • 9 years: 19 days
  • 10 years and over: 20 days
• Accruals are pro-rated for employees out of pay status, reflecting hours in pay status, including all paid leave types; no accrual is given if out of pay status for more than half of a bi-weekly period.
• Employees on job-related disability leave do not qualify for accrual vacation benefits, except they accrue benefits during the first 30 days of any such leave

Vacation Scheduling

• Vacations are scheduled from beginning of the first Kelly Day cycle after December 31st to the end of the Kelly day cycle including December 31st of the following year
• Starting/ending dates for each vacation cycle are announced beforehand
• The County determines the number of employees off on vacation at any time by multiplying the total number of battalion personnel by 12, dividing by the total shifts in the vacation cycle (excluding Kelly Days), and rounding up to the next whole number if ≥ 0.5
• For Battalion Chiefs and EMS Captains, there are at least 2 spots in each rank county-wide
• Vacation scheduling cannot exceed anticipated available accruals, including existing banks
• The Fire Rescue Administrator and the Union President determine the process and implementation dates for vacation picks and bid process related to the 42-hour work week

Shift Employee Vacation Scheduling

• In October each year, the County advises on the number of shift employees allowed off on vacation during the vacation selection cycle beginning in January, per shift, per Battalion for Captains, Lieutenants, Driver Operators, Firefighter Paramedics, and Firefighter EMTs
• Special Operations Captains select vacation per battalion, ARFF Captains select per station
• Within a battalion of 1-4 stations (including special operations), at least one of each: Captain, Driver Operator, Lieutenant, Firefighter Paramedic, and Firefighter EMT can be scheduled off, not exceeding the total employees allowed
• For battalions of 5-11 stations, at least two of each: Captains, Driver Operators, Lieutenants, Firefighter Paramedics, and Firefighter EMTs can be scheduled off (excluding special operations), without exceeding the calculated total
• For battalions of 12+ stations, at least three of each Captains, Driver Operators, Lieutenants, Firefighter Paramedics, and Firefighter EMTs can be scheduled off (excluding special Operations), without exceeding the calculated amount
• Battalion Chiefs, EMS Captains, and Special Operations personnel select vacation department-wide
• Following the annual bid process and Kelly Day selections, shift employees select vacation periods by seniority per shift/Battalion
• Battalion Chiefs, EMS Captains and Special Operations personnel select department-wide
• Vacation selection proceeds in three rounds
• Employees out of work during a scheduled time due to worker's compensation, extended leave, light duty, military leave, administrative leave or suspension retain their frozen vacation selections

Vacation Rounds

• For the first round, employees must submit a minimum of four or more consecutive shifts (including Kelly Days) within the designated 14-day vacation selection period
• If requests do not result in the minimum shifts, Battalion Chiefs call employees by seniority for scheduling, limitations of first round may not apply for 1-year probationary employees
• First round selections are limited to no more than ten shifts (20 days for non-24hr shift employee).
• Deputy Chief can approve more shifts
• Approved vacations lasting 11+ shifts cannot be cancelled
• Cancellations are allowed for first round vacations, needing Deputy Chief approval
• In the second round, employees may request to schedule another single group with a minimum of three or more consecutive shifts (including Kelly Days) within the 14-day second round period, with first round limitations, of three or more shifts do not apply to one-year probationary employees
• First and second round vacation awards are made no later than 14 days after the second round ends

Additional Vacation Info

• Third round requests can be made on a first come, first serve by a Battalion Chief (or FOO), received in December for the following year.
• If duplicate requests are received, the most senior employee gets priority.
• Employees are notified by end of shift whether their request is approved/deferred.
• The submission date of deferred time becomes first come, first serve basis.
• Picks within seven days ahead are not approved if overtime would result, determined at the time of request
• Once approved, vacation time will not be rescinded by Management except in major emergencies like earthquakes, tropical storms, hurricanes, etc.
• Twenty-four hour shift employees may cancel/request vacation time with at least 19 hours' notice, starting from the shift absence, including Kelly Days. All other employees need 3 business days.
• Requests/cancellations made without notice can be approved by District Chief, however, no request will be unreasonably denied
• Employees are granted emergency leave by the District Chief or the on-call District Chief, such approval shall not be unreasonably denied, emergency leave is charged as actual time used in quarter-hour increments.
• If the reason qualifies for sick leave, emergency leave is charged to employee's sick allotment; if not, charged to reserve vacation and final vacation
• Vacation time can be taken in a minimum of 2 hours, and thereafter, hour for hour
• Employees granted leave for approved outside activities (AOA) are not counted against the vacation schedule

Non-24-Hour Shift Employee Vacation

• The County advises how many non-24-hour shift employees can schedule off for vacation each year beginning on January 1
• All non-24-hour shift employees select vacation in First, Second and Third round formats
• Any employee granted leave for an approved outside activity (AOA) is not counted against the vacation schedule

Communications Center Employees Vacation

• On shifts with at least three employees above minimum staffing, up to two employees can be scheduled off on vacation
• The Communications Supervisor and Assistant Communication Supervisor cannot take vacation on the same day
• If vacancies reduce the number of available employees to fewer than three above the minimum, only one employee can be scheduled off, unless previously approved vacations can be cancelled
• Communications employees, except probationary employees, select vacation periods by seniority within classification during November
• Vacations are scheduled from the start of the pay period with January 1 to the end of the pay period of January 1 of the following year, the department communicates exact dates each year
• Communications employees, excluding new probationary employees, can submit three requests for first round selections, and may submit second round selections
• Employees cannot select more time than accrued/expected to accrue

Probationary Employees; Vacation Carryover

• Probationary employees employed longer than 9 months can submit one, first round request for dates not occurring during their first year if they have accrued sufficient leave
• Approved first round vacations can only be cancelled by the Deputy Chief
• During vacation periods in November, employees may select more than 21 consecutive working days during the vacation year
• On designated December dates, Communications Center Manager schedules vacation for the upcoming year on a first-come, first-serve
• Third round requests are only for employees on full duty, expect in case of emergency approved by Division Chief
• If duplicate requests are received, the more senior employee's request is approved
• Date of deferred time submittal constitutes the date for the first-come, first-serve basis
• Only one Call Taker is allowed off per shift, which does not affect the number of Communicator III's allowed off
• If employees cannot use accrued vacation due to insufficient vacation time available, the unused amount may be carried over to the next vacation year

More Vacation Information

• Hours exceeding 500 on April 15 of each year are contributed to the Union Time Pool
• The vacation payout cap for twenty-four hour shift employees is 792.16
• The vacation payout cap for Non-Twenty-Four Hour Shift Employees (40 hour workweek) is 660.16
• The vacation payout cap for Forty-two (42) Hour Employees is 693.17
• Employees entering D.R.O.P. or retiring in the next 12 months, who notify the department before March 1st, are exempt from the vacation cap and sweep on April 15th to maximize vacation buyout
• If they do not enter D.R.O.P. or retire, their vacation time exceeding the cap is swept retroactively at the previous April 15th value, the employee can bypass the April 15th sweep once, total
• Retiring employees can request unused vacation leave balance be donated to the Benevolent Fund
• If an employee requests a transfer, demotion, or accepts a promotion/assignment, their vacation selection is based on remaining days available in the Battalion, on the new shift
• If an employee is transferred to a different shift/Battalion by the County, their previously scheduled vacation remains without rolling existing employees' selections

Wellness and Support

• The County will support a Critical Incident Stress Management Team and/or Peer Support Group

Sick Leave

• Sick leave use can negatively impact Fire Rescue operations, workload, service levels, and employee safety
• Palm Beach County and Local 2928 agree to emphasize dependability and reliability in employee's attendance, they aim to minimize sick leave usage to bona fide circumstances via a disincentive and an incentive based approach

Sick Leave Banks

• All reserve vacation time is banked independent of regular vacation time and not subject to accrual caps
• During new allotments, employees can place unused sick leave into reserve vacation bank, does not exceed the corresponding annual amount
• An employee's reserve vacation bank cannot exceed the number of sick leave hours they accrue annually
• Hours can stay in the reserve bank until the balance is equal to/lower than the number of hours the employee accrues annually
• Reserve vacation time banks are scheduled per Article 28
• This reserve vacation bank cannot be paid out upon separation from the County
• In case of duty-related death of a Fire-Rescue employee, the employee's reserve vacation bank hours are paid on an hour-for-hour basis at their current hourly rate, the death must be on-duty and meet Chapter 112 of Florida Statutes
• After the cutoff date each year, which shall be November 1, all permanent twenty-four (24) hour shift employees shall be allotted one hundred and twenty (120) hours of sick leave for the next twelve (12) months. Effective with the November 2026 sick leave allotment, the number of hours allotted annually shall be one hundred twelve point five (112.5) hours and then one hundred five (105) hours for all future allotments. Employees who are not on a twenty-four (24) hour shift shall receive an allotment of sick leave of one hundred (100) hours for those on a forty (40) hour work schedule and one hundred five (105) hours for those on a forty-two (42) hour work schedule.
• Sick allotment for employees on leave of absence is prorated to reflect the number of hours the employee is entitled to
• Employees can use their time off at 100% of their current salary per Section D of the document
• Employees cannot get compensation beyond annual allotment during any 12-month period, they can request extended leave per Article 45, Section 6-D
• Employees can use reserve vacation banks to supplement short absences until their reserve bank is depleted
• Employee's main vacation account cannot be used unless the Fire Rescue Administrator grants a waiver
• Administrator's decision is final, binding, and not subject to grievance/arbitration
• Employees can elect retroactive vacation deductions

Extended Leave: Special Risk Employees

• Beginning with the first absence hour beyond annual allotment, per the given month, special Risk employees get 85% of salary for 3 months
• From 3-12 months of a consecutive leave, employees get 65% of current salary
• Employees cannot be awarded sick leave for greater than 12 continuous months from the date of illness or injury
• They have up to 18 months to return to work
• All other classes of employees, beginning with the first hour of absence over the annual allotment, receive 85% of current salary for three months
• After three months and through nine months of consecutive leave from the injury or illness date, employees receive 65% pay
• All other classes of employee are awarded up to nine months to return to work
• Employees must not be awarded any sick leave compensation exceeding nine continuous months from the time of an illness or injury
• Employees on extended leave cannot engage in off-duty employment
• Employees needing extended leave can use vacation or reserve vaction to supplement any unpaid portion of leave
• Employees on extended leave at the time of a new sick leave allotment must use 48 hours of a 120-hour allotment, 45 hours of a 112.5 allotment or 42 hours of a 105 hour allotment (or proportionate for non-24 hour shift personnel) time at 100% salary and then return to the extended leave status without a break
• An employee who had been using leave from the previous year, will be charged the allotted amount up to the maximum time
• Special Risk employees cannot receive more than 18 months of extended leave cumulatively, while Apparatus Technicians shall not be granted more than twelve (12) months extended leave, all other classes should no be granted more than nine months of extended leave
• All employees must return to full duty for at least six months before being eligible for extended leave for other illness/injury; employees must return to full duty for 6 months before any other injury to qualify for extended leave

Probationary Employees; Extended Leave Requirements

• Probtionaory employees are awarded sick leave on a pro-rated basis after the sixth month of hire without qualification for extra compensation
• Employees leaving Fire Rescue in pay status will receive a pro-rata payout for unused sick leave, not including vacation hours
• Employees requesting extended leave for illness/injury must first get a written assessment from their treating physician, includes the work restrictions/length.
• Restrictions lasting over 30 days require an updated assessment every 30 days
• All written assessments are reviewed by the Fire Rescue Administrator and the Fire Department Physician or the EAP Coordinator, they can contact the employee/physician for verification
• When restrictions are removed and work/light duty is offered, extended leave ends
• The Fire Rescue Administration can request a fitness-for-duty examination by a department-selected and paid physician
• Misrepresenting grant conditions of extended leave may result in cancellation and discipline

Approved Sick Leave Uses

• Sick leave is awarded on an hour for hour basis on certain un-job related condition:
  • Incapacitation due to illness or injury
  • Attendance would jeopardize the health of co-workers from exposure to contagious illness/disease
  • Prescribed medical treatment on duty days
  • Care for an immediate family member unable to care for themselves or residing with the employee for whom the employee is rendering medically related assistance, and no other person to care for the individual - if approved, extended family care leave is taken at 65% of pay, following the use of half the sick allotment given on November 1st; the 65% pay can be supplemented with reserve, sick and/or vacation time, the leave should be limited to six (6) months in any eighteen (18) month period, employees cannot engage off-duty employment and is counted as extended leave
  • Hospitalization of a family member, shall be taken at 65% of pay, following the use of half of the sick allotment given on November 1st - if approved, pay may be supplemented with reserve, sick days, or vacation days; for three (3) months to any fifteen (15) month period for employees that cannot engage in any off duty employment
  • Medical, dental or Optical examination or treatment
  • Baby Bonding (Maternity/Paternity) leave may be taken at employee's choice, employee has 100% pay over 6 weeks, employees may use baby bonding leave after 65% pay, following sick leave, supplement for vaction time
  • Pregnancy requiring extended leave shall terminate upon the birth of the baby, with Baby Bonding following continuously
  • Any absence above that prior authorization is received

Disincentives for Sick Leave

• For operational personnel with five (5) or more sick leave occurrences in any twelve (12) month period, the following actions go into effect:
  • 5th Occurrence: loss of early release privileges
  • 6th Occurrence: 5th occurrence disincentives, loss of overtime, loss of bid rights, loss of step-up privileges
  • 7th Occurrence: 6th occurrence disincentives, Special Performance Evaluation
  • 8th Occurrence: 7th occurrence disincentives, loss of bid assignment and corresponding assignment pay
  • 9th Occurrence: 8th occurrence disincentives, loss of promotional ability
  • 10th Occurrence: 9th occurrence disincentives, twenty-four (24) hour suspension
• For Communication Center shift personnel with eight (8) or more sick leave and 12 month penality periods:
  • 8th loss of early release privileges
  • 9th Occurrence: 8th occurrence disincentives, loss of overtime, loss of bid rights, loss of step-up privileges
  • 10th Occurrence: 9th occurrence disincentives, Special Performance Evaluation
  • 11th Occurrence: 10th occurrence disincentives, loss of bid assignment and any corresponding assignment pay
  • 12th occurrence disincentives, loss of promotional ability
  • 13th occurrence disincentives, twenty-four (24) hour suspension
• For Other Non-Operational Personnel
  • 10th Occurrence: loss of early release privileges
  • 11th Occurrence: 10th occurrence disincentives, loss of overtime, loss of bid rights, loss of step-up privileges
  • 12th occurrence: disincentives, Special Performance Evaluation
  • 13th 12th: occurrence disincentives, loss of bid assignment and any corresponding assignment pay
  • 14th Occurrence: 13th occurrence disincentives, loss of promotional ability

Additonal Notes Regarding Penalties

• 15th + : shall be 14th occurrence discentivies + 24 hour hour suspension
• Total occurrences are based on a 12-month period regardless of a fiscial or calendar year
• Any absence under Article, expect for FMLA, shall be marked as an occurance

Incentives; Sick Leave Procedures

• After cutoff date each year, employees shall receive the remainder of the allotted time based on an hour for hour
• Employees may choose to allocate a portion, of allocated hours with number capped that empoyees accrue annually
• Its' the employees repsonisility to notify at least 30 mintues prior to shift entering

Sick Leave Procedures

• Employee must notify department at least 30min prior shift by entry into approved staffing program/notification to Fire Operations Officer (FOO)
• Communication Division notifies Department at least 90min before shift via Department approved staffing program/notification to on-duty Shift Supervisor
• Sick leave is awarded hourly with increments given
• Employees are recommended to return to call with only one time during shift and shall notfiy the FOO
• Sick Leave can be denied if incositent w/ article

Sick Leave Continued; Other Notes

• If injured and unable, supervisor can reccomend the employee stays home, Unit Employees must authorize before sending the employee, shall be out of pay for any hours not covered
• Submital requires an e-form affirming the attestation in employee consistnecy
• Fire Recuse shall be subject to Fire manuel

I. : More Notes

• Wellness steering comitiee is a key sector and is reponsible to monitor trends

Other important Leaves and their Notes

• A employee must make a request in writing for a leave of absence that may be without pay/benefits for six months
• Leaves may include special Education
• Wellness shall create for infectious deaseses and maintain it
• Presumption: In which it shall be that any operations with hepatitis and manning shall have contracted