SFD.039 - Operations Personnel.pdf

Spring Fire Department / Harris County ESD No. 7 SFD.039 Revision No. ADMIN 08 Issue Date 10 July, 2023 Review Date 1 Jan. 2024 Reviewed by Operations Standard Operating Guideline Effective Date 10 July. 2023 Approved by: Scott C. Seifert SFD.039 Operations Personnel 1. Executive Summa...

Spring Fire Department / Harris County ESD No. 7 SFD.039 Revision No. ADMIN 08 Issue Date 10 July, 2023 Review Date 1 Jan. 2024 Reviewed by Operations Standard Operating Guideline Effective Date 10 July. 2023 Approved by: Scott C. Seifert SFD.039 Operations Personnel 1. Executive Summary a. All members should report on time and as scheduled, use the department’s time clock system, and remain at their post until relieved. b. Employees who worked on paid annual holidays will receive 1.5 times the regular straight-time rate of pay for those hours. Employees in overtime working a paid annual holiday will receive 2.0 times their regular rate. c. Full-time members have a 48-hour tour-of-duty beginning at 0600, are paid overtime for hours in excess of 212 in a 28-day work period, and work on a 3-platoon system. d. Full-time benefits include health benefits, dental, vision, a mandatory pension plan, paid time off, and sick leave. e. Full-time members may trade or substitute shifts with other full-time members. f. Part-Time members normally work 12-hour blocks starting at 0600 and are scheduled by the department scheduler to meet department needs. g. Part-Time members do not receive health benefits, PTO, or sick leave. Part-time employees are required to participate in the pension plan. h. Part-time members should turn in 8 days of availability for the next month by 1700 on the 10 th day of the preceding month and may pick up open shifts in addition to this, although no amount of days are guaranteed. SFD.039 Uncontrolled if printed Page 1 of 12 Spring Fire Department / Harris County ESD No. 7 SFD.039 Revision No. ADMIN 08 Issue Date 10 July, 2023 Review Date 1 Jan. 2024 Reviewed by Operations Standard Operating Guideline Effective Date 10 July. 2023 Approved by: Scott C. Seifert 2. Purpose Define for the operations personnel, a set of guidelines of expectations of employment as well as responsibilities while on duty at Spring Fire Department. This document does not replace other Spring Fire Department guidelines and directives but shall be used in conjunction with them. This document is to be used in conjunction with the employment agreement signed by the employee. 3. Scope This guideline pertains to and shall be adhered to by all fire department operations personnel. Noncompliance or abuse of the guideline shall be grounds for disciplinary action up to and including termination. 4. Definitions a. See Glossary. 5. Procedures and Responsibilities a. General Procedure a. Timeliness i. Employees are expected to be on time when scheduled. Personnel shall not abandon their post until properly relieved. b. Payroll i. Spring Fire Department paid staff personnel will utilize an online time clock system to track hours worked. It is the responsibility of the employee to clock in and out. At no time shall an employee clock in/out another employee. ii. Spring Fire Department employees are paid every two weeks. iii. All payroll issues are to be directed to the Payroll Department via their supervisor. iv. Failure to clock in/out is subject to disciplinary action up to and including termination. v. All time is to be entered Monday morning by 10 am on the week of payroll, to avoid delays in payment. Timecard entries must match the schedule. vi. If there is a change in the payroll date due to Holidays or other circumstances, Payroll will make the appropriate notifications to the employees. SFD.039 Uncontrolled if printed Page 2 of 12 Spring Fire Department / Harris County ESD No. 7 SFD.039 Revision No. ADMIN 08 Issue Date 10 July, 2023 Review Date 1 Jan. 2024 Reviewed by Operations Standard Operating Guideline Effective Date 10 July. 2023 Approved by: Scott C. Seifert b. Paid Annual Holidays a. Designated holidays: i. New Year’s Eve - Night shift (1800-0600) ii. New Year’s Day - Day shift (0600-1800) iii. Martin Luther King Jr Day iv. Easter Sunday v. Memorial Day vi. July 4th vii. Labor Day viii. Thanksgiving ix. Christmas Day b. Employees who worked on the listed days will be subject to holiday pay. The pay rate will be 1.5 times the employee’s regular straight-time rate of pay. Employees in overtime working a paid holiday will receive 2.0 times their regular rate. c. Full-Time Employees a. Work Period: i. The normal tour of duty will be a 48-hour period beginning at 0600 hours and ending at 0600 hours. ii. Firefighting-EMT positions are 207K exempt for purposes of Federal Wage-Hour Laws, which means that the employee will be eligible for overtime pay for hours in excess of 212 hours in a 28-day work period as scheduled and approved. iii. The employee’s schedule will be based on a three-platoon system. The employee’s standard weekly schedule shall consist of either one 48-hour tour of duty or 1.5 48hour tour of duty according to scheduling requirements. iv. Shifts may be modified for departmental needs. b. Benefits: i. Health, dental and vision are provided to the employee at no premium costs. If the employee elects to add spouse and/or dependents, the employee is responsible for a percentage of the costs. ii. Benefits can be changed at any time by providing notice to the employee. c. Pension Plan: i. Enrollment into the pension plan is mandatory and a condition of employment; employer contributions and pension can be changed at any time by giving notice to the employee. SFD.039 Uncontrolled if printed Page 3 of 12 Spring Fire Department / Harris County ESD No. 7 SFD.039 Revision No. ADMIN 08 Issue Date 10 July, 2023 Review Date 1 Jan. 2024 Reviewed by Operations Standard Operating Guideline Effective Date 10 July. 2023 Approved by: Scott C. Seifert d. Paid Time Off (PTO): i. The Employee will be given 5 (48 hour) tours (240 hours) of PTO per year, to be awarded on January 1st. ii. New employees hired before July 1st will receive prorated PTO hours, however PTO cannot be used in the first 6 months of employment. iii. New employees hired after July 1st will not receive PTO. iv. New employees will be added to the PTO annual calendar and awarded days based on availability. v. An additional tour (48 hours) will be given to the employee when they reach 5 years of service. vi. When the employee reaches 10 years of service an additional tour (48 hours) will be given. vii. When the employee reaches 15 years of service, an additional tour (48 hours) will be given for a maximum of 8 (48 hour) tours. viii. The number of employees to be given off at one time is at the sole discretion of the Deputy Chief of Operations. District Chiefs are excluded from this requirement. ix. PTO must be used in 24-hour increments. x. Only PTO reserve can be carried over into any subsequent year of service, refer to section f. (PTO reserve). xi. Upon separation from the Spring Fire Department all PTO will be forfeited and the employee will not be compensated for any unused, accrued PTO. xii. Master Off-Time Calendar: The master off-time calendar will be the primary document of reference for all PTO, shift trades and substitutions. e. Paid Time Off (PTO) selections: i. The selection of PTO will occur in the month of December of the previous year and shall be completed by the 15th of the month. ii. Requests for PTO will be approved first by rank and then by seniority in rank; for those with the same promotional/hire date seniority will be the determining factor. 1. From the rank of District Chief, Captain and Apparatus Operator, the seniority shall be decided on promotional date or rank on promotional list if promotional date is the same. 2. For the rank of firefighter, the order of seniority shall be decided on their final score of phase testing. iii. PTO selections shall be completed in two rounds. 1. Each employee shall choose their first 3 tours of duty during the first round. 2. The available balance of their PTO shall be selected during the second round. SFD.039 Uncontrolled if printed Page 4 of 12 Spring Fire Department / Harris County ESD No. 7 SFD.039 Revision No. ADMIN 08 Issue Date 10 July, 2023 Review Date 1 Jan. 2024 Reviewed by Operations Standard Operating Guideline Effective Date 10 July. 2023 Approved by: Scott C. Seifert 3. An employee may need to select alternative dates if the maximum number of employees are off on the desired day. f. PTO Buy-Back: 1. Employees may elect to receive pay for up to five shifts (24 hours X 5 shifts=120 hours) each year in lieu of taking these five shifts off. a. This payment will be on the pay period closest to December 15th and will be based on the Employee’s straight time rate of pay. b. Employees must complete an electronic form on-line if they elect to sell back PTO. The employee is permitted to add to the buy-back PTO from the current year until November 1st. c. This election cannot be reversed. g. PTO Reserve: 1. Employees may elect to allocate up to 96 hours of PTO to be used for unforeseen circumstances, these hours are not in addition to PTO awarded hours. a. Employees must complete an electronic form on-line if they elect to choose hours for PTO reserve. The employee is permitted to add to the PTO reserve bank from the current year until November 1st. b. PTO Reserve bank will not exceed 96 hours. c. Approval of requested use of PTO reserve is dependent on the reason, scheduling and department needs and must be approved by the employee’s District Chief. h. Sick Leave: i. Sick leave is granted to protect employees against loss of earnings while absent from work due to personal illness or injury, or illness or injury of an employee’s spouse or child. ii. Employees will be awarded sick leave at the rate of 144 hours on January 1st. iii. New employees’ sick leave will be prorated on the employee’s first day of employment. iv. Sick leave may be accrued up to a maximum of 720 hours. v. Upon separation and/or retirement the employee shall be compensated for half of unused sick leave up to a maximum of 360 hour, providing notice and exit procedures have been followed. Involuntary terminations will not receive a payout, Refer to SFD.049 Termination, Reinstatement and Retirement. SFD.039 Uncontrolled if printed Page 5 of 12 Spring Fire Department / Harris County ESD No. 7 SFD.039 Revision No. ADMIN 08 Issue Date 10 July, 2023 Review Date 1 Jan. 2024 Reviewed by Operations Standard Operating Guideline Effective Date 10 July. 2023 Approved by: Scott C. Seifert vi. Refer to SFD.049 Termination, Reinstatement and Retirement. Compensation shall be based on the employee’s current computed straight-time rate of pay. vii. Employees calling out sick for more than 48 hours shall provide a physician’s note. viii. In addition, a physician’s note may be requested for any absences for less than 48 hours when due to illness or injury. ix. Employees calling out sick on a paid annual holiday, or any day of a tour that touches the paid annual holiday must provide a physician’s note. x. Employees calling out sick the tour immediately prior to, or immediately after scheduled PTO must provide a physician’s note. xi. Failure to present a required physician’s note will result in no pay. xii. Refer to SFD.047 Absences and Leaves for additional information. SFD.039 i. Sick Payout: Employees with an end-of-year balance of 720 sick hours, the maximum accrual allowed, will receive a payout of 72 additional hours on the payday no later than January 20th and based on the employee’s straight-time rate of pay. j. Shift Trading: i. Shift trades are allowed to benefit employees who cannot take PTO but have another firefighter that is willing to trade workdays with them. ii. All shift trades must be approved by the District Chiefs and/or acting District Chiefs of both affected shifts and may be rescinded at any time if a reasonable explanation is given. iii. Shift trades must be repaid in the same calendar year. As per DOL regulations, the firefighter who is working for the firefighter requesting a trade shall not be compensated or count towards hours worked for FLSA overtime purposes. 1. Per DOL 29 CFR § 553.31: “where one employee trades with another, each employee will be credited as if he or she had worked his or her normal work schedule for that shift.” iv. All shift trades shall be tracked on the master PTO calendar as well as documented under each employee in scheduling software. v. If trading becomes excessive or disruptive, shift trades will no longer be allowed. vi. Once a shift trade is approved the respective shift belongs to the individuals who agreed to the trade. 1. The individual assumes responsibility in ensuring that they show up for the shift or the shift is covered if they become unavailable to work the trade, just like any regularly scheduled shift. Uncontrolled if printed Page 6 of 12 Spring Fire Department / Harris County ESD No. 7 SFD.039 Revision No. ADMIN 08 Issue Date 10 July, 2023 Review Date 1 Jan. 2024 Reviewed by Operations Standard Operating Guideline Effective Date 10 July. 2023 Approved by: Scott C. Seifert 2. Employees who trade shifts and call out sick are to use their PTO hours for the traded shift they agreed to work. vii. Personnel will be permitted to trade outside of their respective rank as long as minimum staffing levels are met. Personnel will be permitted to ride in one rank higher or one rank lower of their respective rank when trading. viii. Employees wishing to trade must ensure the maximum working hour rule is adhered to. k. Shift Substitution: i. Substitutions must be “made freely and without coercion, direct or implied” by the Spring Fire Department. 1. Voluntary substitutions will be ignored by the Spring Fire Department for purposes of calculating hours that were worked. All substitutions must be approved by the District Chiefs and/or acting District Chiefs of both affected shifts and may be rescinded at any time if a reasonable explanation is given. ii. As per DOL regulations, the firefighter who is working for the firefighter requesting a substitution shall not be compensated or count towards hours worked for FLSA overtime purposes. iii. All substitutions shall be tracked on the master PTO calendar on the shared drive as well as documented under the scheduled employee in scheduling software. iv. If the substitutions become disruptive, they will no longer be allowed. v. Once the substitution is approved the respective shift belongs to the individual who agreed to the substitution. 1. The individual assumes responsibility in ensuring that they show up for the shift or the shift is covered if they become unavailable to work the substitution, just like any regularly scheduled shift. 2. Employees who substitute and call out sick are to use their PTO hours for the traded shift they agreed to work. vi. Personnel will be permitted to substitute outside of their respective rank as long as minimum staffing levels are met. Personnel will be permitted to ride in one rank higher or one rank lower of their respective rank when substituting. vii. Employees wishing to trade must ensure the maximum working hour rule is adhered to. viii. Shift substitutions are restricted to one (1) tour of duty per month. SFD.039 Uncontrolled if printed Page 7 of 12 Spring Fire Department / Harris County ESD No. 7 SFD.039 Revision No. ADMIN l. 08 Issue Date 10 July, 2023 Review Date 1 Jan. 2024 Reviewed by Operations Standard Operating Guideline Effective Date 10 July. 2023 Approved by: Scott C. Seifert Unpaid Shifts: i. Unpaid shift requests must be made through the chain of command to the Fire Chief. The Fire Chief or designee will approve based on staffing needs, employees’ available benefit time, and previous requests. m. Additional Shift Work Call-Off: i. Employees who call off 3 or more additional shifts within a 12 month period will be subject to suspension from signing up for additional shift work for a period of three (3) months. 1. The member’s District Chief will contact the Deputy Chief of Operations notifying them the employee has been suspended from working additional shifts. a. The Deputy Chief of Operations will ensure documentation accompanies the suspension. n. Cadet Overtime: i. Cadet Firefighters are allowed to begin working overtime after the completion of 1 month of employment, and with approval from their Captain. ii. The ability to work overtime can be revoked at any time the Captain or District Chief feels it causes the employee to be affected from completing tasks or assignments on their regularly scheduled shift. iii. Overtime is a privilege, and the Cadet Firefighter must understand their phase training and testing is the priority. o. Secondary Employment: i. During the term of employment, Spring Fire Department will be the employee’s primary employment. 1. The employee agrees that he or she may only engage in secondary employment that in no way interferes with his or her job performance or schedule. a. If SFD, in its sole discretion, concludes that employee’s secondary employment is interfering with their employment with SFD, the employee must relinquish their secondary employment or be terminated by the SFD. SFD.039 Uncontrolled if printed Page 8 of 12 Spring Fire Department / Harris County ESD No. 7 SFD.039 Revision No. ADMIN 08 Issue Date 10 July, 2023 Review Date 1 Jan. 2024 Reviewed by Operations Standard Operating Guideline Effective Date 10 July. 2023 Approved by: Scott C. Seifert p. Working both Christmas Eve and Christmas Day: i. In the event a shift is scheduled to work both Christmas Eve and Christmas Day, a change in the work schedule will be made. ii. The intention is to not make an employee work both days. a. The change in the schedule will be: i. The shift working on December 22 & 23 will now work, December 22 & 24. ii. The shift scheduled for December 24 & 25 will now work December 23 & 25. d. Part-Time Employees: a. Work Period: i. The normal work period will begin at 0600 hours and ending at 1800 hours. ii. Firefighting-EMT positions are 207K exempt for purposes of Federal Wage-Hour Laws, which means that the employee will be eligible for overtime pay for hours in excess of 212 hours in a 28-day work period as scheduled and approved. iii. The payroll period will coincide with the existing payroll period. iv. The employee will be scheduled by the department scheduler and the employee will be assigned to a station and/or apparatus that best fits the needs of the department. v. Shifts may be modified for departmental needs. b. Pension Plan: Enrollment into the pension plan is mandatory and a condition of employment; employer contributions to the pension can be changed at any time by giving notice to the employee. c. Paid Time Off (PTO): i. Part-time employees are not offered PTO. ii. They will not put in availability on the days that they need time off. 1. If the employee puts in for availability for a day that they need off, there is a chance they will be scheduled for that day. a. If the employee needs the day off, they must contact the District Chief on duty to notify them they need a replacement. b. The employee should attempt to find a replacement and try to find a replacement that will not be placed into overtime. SFD.039 Uncontrolled if printed Page 9 of 12 Spring Fire Department / Harris County ESD No. 7 SFD.039 Revision No. ADMIN 08 Issue Date 10 July, 2023 Review Date 1 Jan. 2024 Reviewed by Operations Standard Operating Guideline Effective Date 10 July. 2023 Approved by: Scott C. Seifert i. If an employee’s only replacement is another employee that will be placed into overtime, it must be approved by the District Chief. d. Sick Leave: i. Part-time employees are not offered sick leave. 1. If the employee cannot make their scheduled shift due to injury/illness, they must contact the on-duty District Chief as soon as they realize they will not be able to make their scheduled shift. a. If the employee fails to notify the District Chief the employee will be considered AWOL and subject to disciplinary action. 2. Employees who call in sick 3 times in the same quarter will have employment status subject to review. 3. Employees will not receive pay for shifts they call in sick. 4. Refer to SFD.047 Absences & Leaves for additional information. e. Shift Assignments: i. Part-time employee availability will be turned in by 1700 hours on the 10th of the preceding month. 1. A minimum of 8 shifts per month must be turned in. 2. No amount of shifts are guaranteed to any employee. 3. If the employee cannot commit to the 8-shift requirement, they must notify the Deputy Chief of Operations or designee prior to the 10th of the preceding month. 4. If the employee elects to pick up open shifts, they may select the open shift on the schedule program. 5. Once the shift is assigned to the employee it is the responsibility of the employee to work the shift. SFD.039 f. Call-Off: i. Part-time employees who call off 3 or more shifts within a 12 month period will be subject to suspension from signing up for additional shifts for a period of three (3) months. 1. The member’s District Chief will contact the Deputy Chief of Operations notifying the employee has been suspended from working additional shifts. a. The Deputy Chief of Operations will ensure documentation accompanies the suspension. Uncontrolled if printed Page 10 of 12 Spring Fire Department / Harris County ESD No. 7 SFD.039 Revision No. 08 ADMIN Standard Operating Guideline Issue Date 10 July, 2023 Review Date 1 Jan. 2024 Reviewed by Operations Effective Date 10 July. 2023 Approved by: Scott C. Seifert 6. References & Related Policies a. This section provides references to applicable laws, standards, or other related internal policies or guidelines. NFPA Applicable State or Federal Statutes FLSA DOL 29 CFR § 553.31 CPSE PI TCFP OSHA ISO Spring FD SFD.047 SFD 049 TFCA 7. Contact Office a. The appropriate contact office for questions or comments on this SOG is: i. Company Officer 1. District Chief a. Deputy Chief of Operations i. Assistant Chief 1. Fire Chief 8. List of Changes Revision No. Description of Changes Approved by 8 Applied new 2023 guideline Template. substitution and PTO buyback sections. Updated shift Effective Date Davenport 7/10/2023 9. Errors See something wrong? Click here or use this QR code to submit an error or inconsistency. SFD.039 Uncontrolled if printed Page 11 of 12 Spring Fire Department / Harris County ESD No. 7 SFD.039 Revision No. ADMIN 08 Issue Date 10 July, 2023 Review Date 1 Jan. 2024 Reviewed by Operations Standard Operating Guideline Effective Date 10 July. 2023 Approved by: Scott C. Seifert This policy is for internal use only and does not enlarge a member’s legal duty or civil liability in any way. This policy should not be construed as creating a duty to act or a higher duty of care, with respect to third-party civil claims against members or the department. A violation of this policy, if proven, can only form the basis of a complaint by this department for non-judicial administrative action in accordance with the laws governing member discipline. SFD.039 Uncontrolled if printed Page 12 of 12