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HomeMy WebLinkAboutResolutions - 2016.11.10 - 22681MISCELLANEOUS RESOLUTION #16311 November 10, 2016 BY: Human Resources Committee, Robert Hoffman, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT — ANNUAL LEAVE BUY BACK To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Merit Rule 23, Annual Leave, defines how annual leave will be accrued and used; and WHEREAS Merit Rule 23.10, indicates that employees separated from County service shall be paid for unused time at their current hourly rate; and WHEREAS the hourly rate of pay for most County employees is at its highest level at the time of separation from County employment; and WHEREAS Merit Rule 23, indicates the maximum amount of annual leave accrual allowed based on years of service and overtime designation; and WHEREAS there have been County employees who reach their maximum accrual amount of time allowed and are unable to take time off, thereby, losing earned annual leave time; and WHEREAS there are a number of County employees who do not maintain sufficient annual leave banks to cover the time off they request; and WHEREAS it is proposed to offer a once a year buy back of annual leave time to full-time employees who have a minimum of 60 hours in their annual leave bank; and WHEREAS it is proposed that no employee can cash out annual leave time to less than 40 hours in their annual leave bank; and WHEREAS it is proposed that an employee may only cash out annual leave time in one hour increments; and WHEREAS it is proposed that if the annual leave balance falls below the 60 hours between the submission of the request and the time of payment then the annual leave request to cash-out will be denied; and WHEREAS all annual leave time cashed out is subject to all payroll income tax withholding requirements as well as any garnishment, wage assignment, levy, income withholding order requirements, employee benefit contributions and/or arrearages; and WHEREAS the annual leave time buy back may provide those employees who reach their maximum accrual allowance and would otherwise lose time an opportunity to cash out some of their annual leave time; and WHEREAS the annual leave time buy back may also incentivize employees with insufficient leave banks to build their banks for use or future cash out opportunities; and WHEREAS the County will realize incremental savings if annual leave is allowed to be paid out over a period of time versus when an employee separates from County service as amounts being paid out on an annual basis may be at lower salary rates in comparison to future salary rates where general salary increases and/or promotional salary increases have been added; and WHEREAS no additional funding is required as the annual leave buy back hours will be paid from the Fringe Benefit Fund; and WHEREAS the Fringe Benefit Fund is where the accumulated annual leave liability is recorded and is the source for annual leave cash out payments when employees separate from County service. NOW THEREFORE BE IT RESOLVED to approve a once a year buy back of annual leave time for full- time employees at the employee's current hourly rate of pay and where there is a minimum of 60 hours in their annual leave bank. BE IT FURTHER RESOLVED that no employee can cash out annual leave time to less than 40 hours remaining in their annual leave bank. BE IT FURTHER RESOLVED that the employee may request a minimum of 20 hours to a maximum of 40 hours of annual leave time to cash out and must be in one hour increments. BE IT FURTHER RESOLVED that if the annual leave balance falls below the 60 hours between the submission of the request and the time of payment then the annual leave request to cash-out will be denied. BE IT FURTHER RESOLVED that employees shall submit their requests for annual leave cash out by the end of the second pay period in July of each calendar year. BE IT FURTHER RESOLVED that pay out for annual leave buy back will occur the second pay period in August of each calendar year. HUMAN RESOURCES COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Zack absent. BE IT FURTHER RESOLVED that the payment received as a result of annual leave cash out shall not be included in the final average compensation (FAC) for employees on the defined benefit plan and no additional contributions will be made to an employee's defined contribution plan by the County or the employee as a result of the payment. BE IT FURTHER RESOLVED all annual leave time cashed out is subject to all payroll income tax withholding requirements as well as any garnishment, wage assignment, levy, income withholding order requirements, employee benefit contributions and/or arrearages. Chairperson, on behalf of the Human Resources Committee, I move the adoption of the foregoing resolution. HUMAN RESOURCES COMMITTEE Resolution #16311 November 10, 2016 The Chairperson referred the resolution to the Finance Committee. There were no objections.