Spring Fire Department Termination Policy PDF

Manual Name: Document Number: Spring Fire Department Policies & Procedures SFD.049 Document Title: Date: 06/12/2023 Termination, Reinstatement and Retirement...

Manual Name: Document Number: Spring Fire Department Policies & Procedures SFD.049 Document Title: Date: 06/12/2023 Termination, Reinstatement and Retirement Chief’s Signature: Revision Number: 06 PURPOSE It is the policy of Spring Fire Department to ensure that member terminations, including voluntary and involuntary terminations are handled in a professional manner with minimal disruption to ongoing work functions. Any member resigning for the sake of avoiding disciplinary action, regardless of the severity of the infraction, shall not be allowed back into the organization. SCOPE This policy pertains to all Spring Fire Department personnel and shall be adhered to. RESPONSIBILITY All Spring Fire Department personnel are responsible for knowing and complying with this guideline. DEFINITIONS Member: Includes full-time, part-time employees and volunteers. Employee: Hired full-time or part-time personnel. Volunteer: All members who are not hired employees. REVIEW The Fire Chief or designee(s) is responsible for reviewing this guideline annually and ensuring its accuracy. VOLUNTARY TERMINATIONS A voluntary termination of employment or membership occurs when a member informs his or her supervisor of the member’s resignation or when a member is, absent from work for two consecutive scheduled shifts and fails to contact his or her supervisor. (abandonment). Page 1 of 4  Manual Name: Document Number: Spring Fire Department Policies & Procedures SFD.049 Document Title: Date: Termination, Reinstatement and Retirement Chief’s Signature: Revision Number: 06 PROCEDURES 1. Members are requested to provide a minimum of two weeks’ notice of their intention to separate from the Department. Those in an Administrative role, it is requested to provide a minimum of 30 days’ notice. The member should provide a written resignation letter to their direct supervisor. Members who are involuntarily terminated, fail to provide requested notice and/or attend an exit interview will be forfeiting accrual payouts. A resignation shall be effective when tendered. No written acceptance of a resignation shall be required as a condition of its effectiveness. The Department may accept the resignation sooner than proposed by the member, an earlier date may be established after consultation with the Director of Human Resources. No compensation is due beyond the original resignation date set by the member. 2. Upon receipt of a member’s resignation, the supervisor will notify the human resource department by sending a copy of the resignation letter or notification to HR and any other pertinent information (e.g., member’s reason for leaving, last day of service). 3. All Department equipment must be returned to the Human Resources Department or Logistics Division, all personal property belonging to the member must be removed from department property. Member training records will not be released until all gear and equipment is returned. Failure to return department property will result in further action up to and including prosecution. 4. The HR Department will coordinate the member’s exit process, which includes: a. A review of the employee’s post-termination benefit status. b. The member’s completion of an exit interview. The exit interview provides members with the opportunity to freely express views about Spring Fire Department, the comments during the exit interview will be kept confidential. HR, while maintaining confidentiality, will compile all data acquired from exit interviews that may reveal areas of weakness within the department and may need to be addressed quickly. INVOLUNTARY TERMINATIONS Involuntary terminations are coordinated through management and human resources. The Human Resources Director and Fire Chief must approve terminations. The inability of a member to perform essential functions of his or her position with or without reasonable accommodation may also result in involuntary termination. A member may be discharged for any legal reason, e.g., misconduct, tardiness, absenteeism, unsatisfactory performance, insubordination, failure to meet scheduling requirements or violation of department policies and procedures. Membership/employment with Spring Fire Department is “At Will.” This means it is for no specified term and may be terminated by the member or Spring Fire Department at any time, with or without cause or advance notice. Page 2 of 4  Manual Name: Document Number: Spring Fire Department Policies & Procedures SFD.049 Document Title: Date: Termination, Reinstatement and Retirement Chief’s Signature: Revision Number: 06 In some cases, progressive discipline may be used, prior to termination, to correct a performance problem. However, certain types of member misconduct are so severe that one incident of misconduct will result in immediate dismissal without prior use of progressive discipline, examples to include, but not limited to: 1. Failure to maintain required certification(s), meet job qualifications or requirements, 2. Theft from the department or from any scene, 3. Inappropriate acts while representing Spring Fire Department or while wearing any items bearing an association with Spring Fire Department, 4. Gross insubordination, acts of violence, or harassment. PROCEDURES 1. Before any action is taken to discharge a member, the member’s supervisor must consult with the Human Resource Director and the Assistant Fire Chief or designee(s). 2. Human Resources and the Assistant Fire Chief or designee(s) will be responsible for reviewing the situation and determining if discharge is warranted. If discharge is recommended, the Fire Chief or designee(s) along with the Human Resources Director will notify the employee of termination. 3. All Department equipment must be returned to Human Resources or Logistics Division and all personal property belonging to the member must be removed from department property. Member’s training records will not be released until all gear and equipment is returned. Failure to return department property will result in further action up to and including prosecution. 4. The HR Department will review the employees’ post-termination benefits status. REINSTATEMENT Any members who were involuntary terminated are not eligible for reinstatement. All members who wish to be reinstated will need to be approved by Human Resources and the Executive Staff. To determine eligibility for reinstatement, a position must be available and the member’s history with the department will be reviewed before an application is approved. Once approved, reinstatement will be processed through Human Resources. If a returning applicant held any rank, regardless of time away from department, the rank shall be forfeited upon resignation. If reinstated, returning rank will be that of Firefighter 1. In addition, the following applies for operations personnel: Time absent from department reinstatement timeline:  Less than 1 year absent: Prior time forfeited; new date of hire will be rehired date. Page 3 of 4  Manual Name: Document Number: Spring Fire Department Policies & Procedures SFD.049 Document Title: Date: Termination, Reinstatement and Retirement Chief’s Signature: Revision Number: 06 1 year or more absent: Reapply as a new hire which will include all testing requirements. RETIREMENT Volunteer members may retire from the Spring Fire Department at age 55 with at least ten years of service (half-vested) or 15 years (fully vested) of qualified service and receive their volunteer retirement benefit. Employees who participate in Department retirement plans will follow specific plan provisions for retirement. Plan provisions, contributions and changes of benefit and retirement plans may be made by Spring Fire Department at any time by giving notice. Any member wishing to retire shall contact Human Resources for additional information and/or processing. Page 4 of 4