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Type: MAUNOT
Party: Ordinance 1016
County: Pulaski
Case Number: Ordinance 1016
Attorney/Contact: Tina Timmons

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MAUMELLE, PULASKI COUNTY, ARKANSAS: ORDINANCE NO. 1016

AN ORDINANCE OF THE CITY OF MAUMELLE, ARKANSAS, ADOPTING PROVISIONS FOR PROGRAM IN COMPLIANCE WITH THE ARKANSAS UNIFORM CATASTROPHIC LEAVE PROGRAM

WHEREAS, the City Council is committed to providing benefits to its employees that serve their needs; and
WHEREAS, the City Council is committed to rewarding the longevity of employees who are dedicated to serving the citizens of Maumelle; and
WHEREAS, the General Assembly of the State of Arkansas has passed and codified a Uniform Catastrophic Leave Program applicable to municipal governments; and
WHEREAS, the City Council wishes to implement the terms of a program consistent with the Uniform Catastrophic Leave Program to replace any previous catastrophic leave program the City of Maumelle has implemented in the past.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MAUMELLE, ARKANSAS, THAT:

SECTION 1. The following section is hereby added to the Maumelle City Code: Uniform Catastrophic Leave Program

(a)   In accordance with A.C.A. § 14-42-123, the city shall provide a catastrophic leave program for employees of the City of Maumelle.

(b)   An employee of the City of Maumelle may irrevocably donate his or her accrued sick leave to the Maumelle Catastrophic Leave Program, at the option of the employee.

(c)   Catastrophic leave with pay may be granted to an employee of the City of Maumelle if the employee is unable to perform his or her duties due to a catastrophic illness and is, or is reasonably expected to be, on leave without pay as a result of the need for catastrophic leave. An illness designated by a physician as chronic or fatal is presumed to be a catastrophic illness if it renders the employee unable to perform his or her essential job functions.

(d)   A City of Maumelle employee may be eligible for catastrophic leave under this section only if the employee meets the following criteria:

(1) Is classified as a full-time employee;

(2) Has been employed by the City of Maumelle for the immediately preceding five (5) consecutive years or more in a full-time position;

(3) Has exhausted all available paid leave time;

(4) Has an acceptable medical certificate from a physician supporting the continued absence on file that includes an approximate date of return; At the City’s discretion, it may require the employee to obtain more than one (1) physician opinion; and

(5)   Has not been disciplined or counseled for an abuse of leave during the immediately preceding five (5) years.

(e)   Catastrophic leave is not available to an employee of the City of Maumelle under this section if the employee has applied for the leave as a result of an illness or injury that is covered by workers’ compensation benefits under applicable law.

(f)    Catastrophic leave under this section shall:

(1)   Run concurrently with the leave provided under the Family and Medical Leave Act of 1993, Pub. L. No. 103-3;

(2)   Be donated and taken in one-hour increments and donated and applied for on forms approved by the Human Resources Department;

(3)   Not be awarded retroactively; and

(4)   Be awarded only if catastrophic leave is available in the City of Maumelle’s catastrophic leave program bank.

SECTION 2. Codification.   It is the intention of the City Council of the City of Maumelle that the provisions of this Ordinance shall become and be made a part of the City Code of the City of Maumelle, Arkansas, and that the Sections of this ordinance may be renumbered, re-lettered and the word “Ordinance” may be changed to “Section”, “Article” or such other word or phrase in order to accomplish such intention.

SECTION 3. Severability. If any clause, section or other part of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way effecting the validity of the other provisions of this Ordinance.

SECTION 4. Repealer. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith, be and the same are hereby repealed to the extent of such conflict.
Passed this 16^th day of November, 2020.
DR1T-6/8/21

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